[JPRT 111-60, Volume I]
[From the U.S. Government Publishing Office]
111th Congress
2d Session JOINT COMMITTEE PRINT S. Prt.
111-60
_______________________________________________________________________
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 2008
VOLUME I
----------
R E P O R T
SUBMITTED TO THE
COMMITTEE ON FOREIGN RELATIONS
US SENATE
AND THE
COMMITTEE ON FOREIGN AFFAIRS
US HOUSE OF REPRESENTATIVES
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE FOREIGN
ASSISTANCE ACT OF 1961, AS AMENDED
COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2008
VOLUME I
111th Congress
2d Session JOINT COMMITTEE PRINT S. Prt.
111-60
_______________________________________________________________________
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 2008
VOLUME I
__________
R E P O R T
SUBMITTED TO THE
COMMITTEE ON FOREIGN RELATIONS
US SENATE
AND THE
COMMITTEE ON FOREIGN AFFAIRS
US HOUSE OF REPRESENTATIVES
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE FOREIGN
ASSISTANCE ACT OF 1961, AS AMENDED
U.S. GOVERNMENT PRINTING OFFICE
62-930 Washington: DC 2010
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?
COMMITTEE ON FOREIGN RELATIONS
JOSEPH R. BIDEN, Jr., Delaware, Chairman
CHRISTOPHER J. DODD, Connecticut RICHARD G. LUGAR, Indiana
JOHN F. KERRY, Massachusetts CHUCK HAGEL, Nebraska
RUSSELL D. FEINGOLD, Wisconsin NORM COLEMAN, Minnesota
BARBARA BOXER, California BOB CORKER, Tennessee
BILL NELSON, Florida JOHN E. SUNUNU, New Hampshire\1\
BARACK OBAMA, Illinois GEORGE V. VOINOVICH, Ohio
ROBERT MENENDEZ, New Jersey LISA MURKOWSKI, Alaska
BENJAMIN L. CARDIN, Maryland JIM DeMINT, South Carolina
ROBERT P. CASEY, Jr., Pennsylvania JOHNNY ISAKSON, Georgia
JIM WEBB, Virginia DAVID VITTER, Louisiana
JOHN BARRASSO, Wyoming\2\
Antony J. Blinken, Staff Director
Kenneth A. Myers, Jr., Republican Staff Director
------------
\1\ Reassigned to the Committee on Finance, January 24, 2008.
\2\ Appointed to the Committee on Foreign Relations, February 12,
2008.
COMMITTEE ON FOREIGN AFFAIRS
HOWARD L. BERMAN, California, Chairman
GARY L. ACKERMAN, New York ILEANA ROS-LEHTINEN, Florida
ENI F.H. FALEOMAVAEGA, American CHRISTOPHER H. SMITH, New Jersey
Samoa DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey ELTON GALLEGLY, California
BRAD SHERMAN, California DANA ROHRABACHER, California
ELIOT L. ENGEL, New York DONALD A. MANZULLO, Illinois
BILL DELAHUNT, Massachusetts EDWARD R. ROYCE, California
GREGORY W. MEEKS, New York RON PAUL, Texas
DIANE E. WATSON, California JEFF FLAKE, Arizona
RUSS CARNAHAN, Missouri MIKE PENCE, Indiana
ALBIO SIRES, New Jersey JOE WILSON, South Carolina
GERALD E. CONNOLLY, Virginia JOHN BOOZMAN, Arkansas
MICHAEL E. McMAHON, New York J. GRESHAM BARRETT, South Carolina
THEODORE E. DEUTCH, Florida CONNIE MACK, Florida
JOHN S. TANNER, Tennessee JEFF FORTENBERRY, Nebraska
GENE GREEN, Texas MICHAEL T. McCAUL, Texas
LYNN WOOLSEY, California TED POE, Texas
SHEILA JACKSON LEE, Texas BOB INGLIS, South Carolina
BARBARA LEE, California GUS BILIRAKIS, Florida
SHELLEY BERKLEY, Nevada
JOSEPH CROWLEY, New York
MIKE ROSS, Arkansas
BRAD MILLER, North Carolina
DAVID SCOTT, Georgia
JIM COSTA, California
KEITH ELLISON, Minnesota
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida
Richard J. Kessler, Staff Director
Yleem Poblete, Republican Staff Director
(ii)
C O N T E N T S
----------
Page
Letter of Transmittal............................................ ix
Preface.......................................................... xi
Overview and Acknowledgments..................................... xiii
Introduction..................................................... xvii
Volume I
Africa
Angola....................................................... 1
Benin........................................................ 16
Botswana..................................................... 26
Burkina Faso................................................. 36
Burundi...................................................... 46
Cameroon..................................................... 60
Cape Verde................................................... 80
Central African Republic..................................... 85
Chad......................................................... 104
Comoros...................................................... 119
Congo, Democratic Republic of the............................ 125
Congo, Republic of the....................................... 152
Cote d'Ivoire................................................ 162
Djibouti..................................................... 180
Equatorial Guinea............................................ 188
Eritrea...................................................... 202
Ethiopia..................................................... 216
Gabon........................................................ 240
Gambia, The.................................................. 248
Ghana........................................................ 260
Guinea....................................................... 276
Guinea-Bissau................................................ 290
Kenya........................................................ 299
Lesotho...................................................... 322
Liberia...................................................... 333
Madagascar................................................... 344
Malawi....................................................... 354
Mali......................................................... 367
Mauritania................................................... 376
Mauritius.................................................... 387
Mozambique................................................... 393
Namibia...................................................... 407
Africa--Continued
Niger........................................................ 419
Nigeria...................................................... 434
Rwanda....................................................... 464
Sao Tome and Principe........................................ 481
Senegal...................................................... 486
Seychelles................................................... 500
Sierra Leone................................................. 507
Somalia...................................................... 521
South Africa................................................. 541
Sudan........................................................ 559
Swaziland.................................................... 579
Tanzania..................................................... 594
Togo......................................................... 612
Uganda....................................................... 623
Zambia....................................................... 640
Zimbabwe..................................................... 652
East Asia and the Pacific
Australia.................................................... 687
Brunei Darussalam............................................ 697
Burma........................................................ 705
Cambodia..................................................... 727
China (includes Tibet, Hong Kong, and Macau)................. 748
Taiwan....................................................... 810
Fiji......................................................... 821
Indonesia.................................................... 830
Japan........................................................ 850
Kiribati..................................................... 859
Korea, Democratic People's Republic of....................... 863
Korea, Republic of........................................... 874
Laos......................................................... 883
Malaysia..................................................... 896
Marshall Islands............................................. 920
Micronesia, Federated States of.............................. 924
Mongolia..................................................... 930
Nauru........................................................ 940
New Zealand.................................................. 944
Palau........................................................ 952
Papua New Guinea............................................. 957
Philippines.................................................. 963
Samoa........................................................ 982
Singapore.................................................... 988
Solomon Islands.............................................. 1003
Thailand..................................................... 1009
Timor-Leste.................................................. 1038
Tonga........................................................ 1048
Tuvalu....................................................... 1053
Vanuatu...................................................... 1058
Vietnam...................................................... 1063
Europe and Eurasia
Albania...................................................... 1087
Andorra...................................................... 1099
Armenia...................................................... 1103
Austria...................................................... 1134
Azerbaijan................................................... 1143
Belarus...................................................... 1165
Belgium...................................................... 1186
Bosnia and Herzegovina....................................... 1194
Bulgaria..................................................... 1212
Croatia...................................................... 1227
Cyprus....................................................... 1246
Czech Republic............................................... 1269
Denmark...................................................... 1282
Estonia...................................................... 1289
Finland...................................................... 1295
France....................................................... 1302
Georgia...................................................... 1314
Germany...................................................... 1346
Greece....................................................... 1357
Hungary...................................................... 1379
Iceland...................................................... 1392
Ireland...................................................... 1401
Italy........................................................ 1410
Kosovo....................................................... 1423
Latvia....................................................... 1447
Liechtenstein................................................ 1459
Lithuania.................................................... 1464
Luxembourg................................................... 1475
Macedonia.................................................... 1480
Malta........................................................ 1495
Moldova...................................................... 1501
Monaco....................................................... 1523
Montenegro................................................... 1527
Netherlands.................................................. 1543
Norway....................................................... 1553
Poland....................................................... 1559
Portugal..................................................... 1574
Romania...................................................... 1580
Russia....................................................... 1601
San Marino................................................... 1656
Serbia....................................................... 1659
Slovak Republic.............................................. 1681
Slovenia..................................................... 1694
Spain........................................................ 1703
Sweden....................................................... 1713
Switzerland.................................................. 1721
Turkey....................................................... 1730
Ukraine...................................................... 1761
United Kingdom............................................... 1794
Volume II
Near East and North Africa
Algeria...................................................... 1809
Bahrain...................................................... 1825
Egypt........................................................ 1837
Iran......................................................... 1860
Iraq......................................................... 1883
Israel and the occupied territories.......................... 1914
Jordan....................................................... 1952
Kuwait....................................................... 1967
Lebanon...................................................... 1978
Libya........................................................ 1997
Morocco...................................................... 2009
Western Sahara............................................. 2026
Oman......................................................... 2030
Qatar........................................................ 2038
Saudi Arabia................................................. 2053
Syria........................................................ 2075
Tunisia...................................................... 2101
United Arab Emirates......................................... 2119
Yemen........................................................ 2131
South and Central Asia
Afghanistan.................................................. 2155
Bangladesh................................................... 2177
Bhutan....................................................... 2198
India........................................................ 2207
Kazakhstan................................................... 2239
Kyrgyz Republic.............................................. 2257
Maldives..................................................... 2274
Nepal........................................................ 2282
Pakistan..................................................... 2301
Sri Lanka.................................................... 2332
Tajikistan................................................... 2348
Turkmenistan................................................. 2362
Uzbekistan................................................... 2377
Western Hemisphere
Antigua and Barbuda.......................................... 2403
Argentina.................................................... 2408
Bahamas, The................................................. 2422
Barbados..................................................... 2430
Belize....................................................... 2436
Bolivia...................................................... 2444
Brazil....................................................... 2459
Canada....................................................... 2479
Chile........................................................ 2489
Colombia..................................................... 2499
Costa Rica................................................... 2520
Cuba......................................................... 2532
Dominica..................................................... 2547
Western Hemisphere--Continued
Dominican Republic........................................... 2552
Ecuador...................................................... 2568
El Salvador.................................................. 2581
Grenada...................................................... 2594
Guatemala.................................................... 2598
Guyana....................................................... 2617
Haiti........................................................ 2625
Honduras..................................................... 2636
Jamaica...................................................... 2652
Mexico....................................................... 2660
Nicaragua.................................................... 2674
.............................................................
Panama....................................................... 2691
Paraguay..................................................... 2705
Peru......................................................... 2718
Saint Kitts and Nevis........................................ 2732
Saint Lucia.................................................. 2737
Saint Vincent and the Grenadines............................. 2744
Suriname..................................................... 2749
Trinidad and Tobago.......................................... 2758
Uruguay...................................................... 2767
Venezuela.................................................... 2773
Appendices
Appendix A: Notes on Preparation of the Country Reports and
Explanatory Notes.......................................... 2789
Appendix B: Reporting on Worker Rights....................... 2797
Appendix C: Selected International Human Rights Conventions.. 2799
Appendix D: Description of International Human Rights
Conventions in Appendix C.................................. 2807
Appendix E: FY 2008 State and USAID Foreign Assistance
Estimate................................................... 2809
Appendix F: UN General Assembly's Third Committee Country
Resolution Votes 2008...................................... 2837
Appendix G: UN Universal Declaration of Human Rights......... 2845
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LETTER OF TRANSMITTAL
----------
Department of State,
Washington, DC, February 25, 2009.
Hon. Joseph R. Biden, Jr.,
Chairman, Committee on Foreign Relations.
Dear Mr. Chairman: On behalf of the Secretary of State, I
am transmitting to you the Country Reports on Human Rights
Practices for 2008, prepared in compliance with sections
116(d)(1) and 502B(b) of the Foreign Assistance Act of 1961, as
amended, and section 505(c) of the Trade Act of 1974, as
amended.
We hope this report is helpful. Please let us know if we
can provide any further information.
Sincerely,
Karen Stewart,
Acting Assistant Secretary, Bureau of Democracy, Human Rights, and
Labor.
Enclosure.
(ix)
PREFACE
----------
Human progress depends on the human spirit. This
inescapable truth has never been more apparent than it is
today, when the challenges of a new century require us to
summon the full range of human talents to move our nation and
our world forward.
Guaranteeing the right of every man, woman, and child to
participate fully in society and live up to his or her God-
given potential is an ideal that has animated our nation since
its founding. It is enshrined in the United Nations Universal
Declaration of Human Rights, and was reflected in President
Obama's Inaugural Address, when he reminded us that every
generation must carry forward the belief that ``all are equal,
all are free, and all deserve a chance to pursue their full
measure of happiness.''
Our foreign policy must also advance these timeless values,
which empower people to speak, think, worship, and assemble
freely, to lead their work and family lives with dignity, and
to know that their dreams of a brighter future are within
reach.
The promotion of human rights is an essential piece of our
foreign policy. Not only will we seek to live up to our ideals
on American soil, we will pursue greater respect for human
rights as we engage other nations and people around the world.
Some of our work will be conducted in government meetings and
official dialogues, which is important to advancing this cause.
But we will not rely on a single approach to overcome tyranny
and subjugation that weaken the human spirit, limit human
possibility, and undermine human progress.
We will make this a global effort that reaches beyond
government alone. We will work together with nongovernmental
organizations, businesses, religious leaders, schools and
universities, and individual citizens-all of whom play a vital
role in creating a world where human rights are accepted,
respected, and protected.
Our commitment to human rights is driven by faith in our
moral values, and also by the knowledge that we enhance our own
security, prosperity, and progress when people in other lands
emerge from shadows and shackles to gain the opportunities and
rights we enjoy and treasure.
In that spirit, I hereby transmit the Department of State's
Country Reports on Human Rights Practices for 2008 to the
United States Congress.
Hillary Rodham Clinton,
Secretary of State.
OVERVIEW AND ACKNOWLEDGMENTS
----------
WHY THE REPORTS ARE PREPARED
This report is submitted to the Congress by the Department
of State in compliance with Sections 116(d) and 502B(b) of the
Foreign Assistance Act of 1961 (FAA), as amended. The law
provides that the Secretary of State shall transmit to the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate by February 25 ``a full and
complete report regarding the status of internationally
recognized human rights, within the meaning of subsection (A)
in countries that receive assistance under this part, and (B)
in all other foreign countries which are members of the United
Nations and which are not otherwise the subject of a human
rights report under this Act.'' We have also included reports
on several countries that do not fall into the categories
established by these statutes and thus are not covered by the
congressional requirement.
In the early 1970s the United States formalized its
responsibility to speak out on behalf of international human
rights standards. In 1976 Congress enacted legislation creating
a Coordinator of Human Rights in the Department of State, a
position later upgraded to Assistant Secretary. In 1994 the
Congress created a position of Senior Advisor for Women's
Rights. Legislation also requires that U.S. foreign and trade
policy take into account countries' human rights and worker
rights performance and that country reports be submitted to the
Congress on an annual basis.
HOW THE REPORTS ARE PREPARED
In 1993 the Secretary of State strengthened the human
rights efforts of our embassies by asking all sections to
contribute information and corroborate reports of human rights
violations, and there was a renewed effort to link mission
programming to the advancement of human rights and democracy.
In 1994 the Department of State reorganized the Bureau of Human
Rights and Humanitarian Affairs, renaming it the Bureau of
Democracy, Human Rights and Labor. This move reflected both a
broader sweep and a more focused approach to the interlocking
issues of human rights, worker rights and democracy. As part of
that effort, the annual Country Reports on Human Rights
Practices represent the bureau's continuing effort to report
human rights violations. The reports reflect the work by
hundreds of State Department and other U.S. Government
employees, both in Washington and abroad.
Our overseas U.S. missions, which prepared the initial
drafts of the reports, gathered information throughout the year
from a variety of sources across the political spectrum. These
sources included government officials, jurists, the armed
forces, journalists, human rights monitors, academics, and
labor activists. This information gathering can be hazardous,
and U.S. Foreign Service personnel regularly go to great
lengths, under trying and sometimes dangerous conditions, to
investigate reports of human rights abuse, monitor elections,
and come to the aid of individuals at risk, such as political
dissidents and human rights defenders whose rights are
threatened by their governments.
After completing their drafts, State Department missions
abroad sent them to Washington for review by the Bureau of
Democracy, Human Rights and Labor, in cooperation with other
Department of State offices. As they worked to corroborate,
analyze, and edit the reports, Department officers drew on
their own sources of information. These included reports
provided by U.S. and other human rights groups, foreign
government officials, representatives from the United Nations
and other international and regional organizations and
institutions, experts from academia, and the media. Officers
also consulted with experts on worker rights, refugee issues,
military and police topics, women's issues, and legal matters.
The guiding principle was to ensure that all information was
assessed objectively, thoroughly, and fairly.
The reports in this volume will be used as a resource for
shaping policy, conducting diplomacy, and making assistance,
training, and other resource allocations. They also will serve
as a basis for the U.S. Government's cooperation with private
groups to promote the observance of internationally recognized
human rights.
The Country Reports on Human Rights Practices cover
internationally recognized civil, political and worker rights,
as set forth in the Universal Declaration of Human Rights.
These rights include freedom from torture or other cruel,
inhuman or degrading treatment or punishment, from prolonged
detention without charges, from disappearance or clandestine
detention, and from other flagrant violations of the right to
life, liberty and the security of the person.
Universal human rights seek to incorporate respect for
human dignity into the processes of government and law. All
persons have the right to nationality, the inalienable right to
change their government by peaceful means and to enjoy basic
freedoms, such as freedom of expression, association, assembly,
movement, and religion, without discrimination on the basis of
race, religion, national origin, or sex. The right to join a
free trade union is a necessary condition of a free society and
economy. Thus the reports assess key internationally recognized
worker rights, including the right of association, the right to
organize and bargain collectively, the prohibition of forced or
compulsory labor, the status of child labor practices, the
minimum age for employment of children, and acceptable work
conditions.
Within the Bureau of Democracy, Human Rights and Labor, the
editorial staff of the Country Reports Team consists of: Editor
in Chief Stephen Eisenbraun; Office Directors: Bruce Connuck,
Kay Mayfield, and Michael Orona; Senior Editors: Jonathan
Bemis, Douglas B. Dearborn, Daniel Dolan, Jerome L. Hoganson,
Patricia Meeks Schnell, Julie Turner, and Rachel Waldstein;
Editors: Naim Ahmed, Sabrina Bahir, Joseph S. Barghout,
Katherine Berglund, Sarah Beringer, Alisha Bhagat, Sarah
Buckley, Laura Carey, Elise Carlson-Rainer, Ebenezer
Concepcion, Sharon C. Cooke, Susan Corke, Stuart Crampton,
Frank B. Crump, Mollie Davis, Cortney Dell, Morton Dworken,
Jennifer Evans, Verinda Fike, Joan Garner, Karen Gilbride,
Jeffrey Glassman, Edward Grulich, Cheryl Harris, Patrick
Harvey, Matthew Hickey, Alexandra Hoey, Victor Huser, Stan
Ifshin, Sami Jiries, Simone Joseph, Jennifer King, Jane Kim,
Sidney Kwiram, Lawrence Lesser, Jessica Lieberman, Katie
McLain, John McKane, Michael McKenna, Gregory Maggio, Jessica
Megill, Nicole Morales, David Mikosz, Leonel Miranda, Stephen
E. Moody, Jennie Munoz, Sandra Murphy, Daniel L. Nadel,
Catherine Newling, Susan O'Sullivan, Meredith Pierce, Drue
Preissman, Peter Sawchyn, Amy Schmisseur, Wendy Silverman, Erin
Spitzer, Rachel Spring, Brian Stout, James Todd, Rachel
Waldstein, Nicole Wilett, Mikel Wood, and Isabelle Zsoldos;
Contributing Editor: Lynne Davidson; Editorial Assistants:
Adrienne Bory, Karen Chen, Carol Finerty, Elizabeth Mokaba, and
Kimberly Jorgensen; and Technical Assistant Eunice Johnson.
INTRODUCTION
----------
The year just ended was characterized by three trends: a
growing worldwide demand for greater personal and political
freedom, governmental efforts to push back on those freedoms,
and further confirmation that human rights flourish best in
participatory democracies with vibrant civil societies.
These congressionally mandated reports describe the
performance in 2008 of governments across the globe in putting
into practice their international commitments on human rights.
We hope that they will help focus attention on human rights
abuses and bring action to end them. At the same time, we hope
that the hard-won advances for human freedom chronicled in the
reports will hearten those still pressing for their rights,
often against daunting odds.
These reports will inform U.S. Government policymaking and
serve as a reference for other governments, intergovernmental
institutions, and nongovernmental organizations (NGOs), human
rights defenders, and journalists. United States foreign policy
revolves not only around effective defense, but also robust
diplomacy and vigorous support for political and economic
development. A vigorous human rights policy reaffirms American
values and advances our national interests. As President Obama
stated in his inaugural address: ``America is a friend of each
nation and every man, woman, and child who seeks a future of
peace and dignity . . .'', but to ``those who cling to power
through corruption and deceit and the silencing of dissent,
know that you are on the wrong side of history, but that we
will extend a hand if you are willing to unclench your fist.''
Since the days of our own nation's founding, we have
endeavored to correct injustices and fully promote respect for
fundamental freedoms for all of our citizens. These efforts
have been spurred and sustained by an accountable, democratic
system of government, the rule of law, a vibrant free media,
and, most important of all, the civic activism of our
citizenry.
As we publish these reports, the Department of State
remains mindful of both domestic and international scrutiny of
the United States' record. As President Obama recently made
clear, ``we reject as false the choice between our safety and
our ideals.'' We do not consider views about our performance
voiced by others in the international community-whether by
other governments or nongovernmental actors-to be interference
in our internal affairs, nor should other governments regard
expressions about their performance as such. We and all other
sovereign nations have international obligations to respect the
universal human rights and freedoms of our citizens, and it is
the responsibility of others to speak out when they believe
those obligations are not being fulfilled.
The U.S. Government will continue to hear and reply
forthrightly to concerns about our own practices. We will
continue to submit reports to international bodies in
accordance with our obligations under various human rights
treaties to which we are a party. United States laws, policies,
and practices have evolved considerably in recent years, and
will continue to do so. For example, on January 22, 2009,
President Obama signed three executive orders to close the
detention facilities at Guantanamo and review U.S. Government
policies on detention and interrogation.
We drew the information contained in these reports from
governments and multilateral institutions, from national and
international nongovernmental groups, and from academics,
jurists, religious groups, and the media. The reports have gone
through a lengthy process of fact checking to ensure high
standards of accuracy and objectivity. Each country report
speaks for itself. However, some broad, cross-cutting
observations can be drawn.
One: In 2008, pushback against demands for greater personal
and political freedom continued in many countries across the
globe. A disturbing number of countries imposed burdensome,
restrictive, or repressive laws and regulations against NGOs
and the media, including the Internet. Many courageous human
rights defenders who peacefully pressed for their own rights
and those of their fellow countrymen and women were harassed,
threatened, arrested and imprisoned, killed, or were subjected
to violent extrajudicial means of reprisal.
Two: Human rights abuses remain a symptom of deeper
dysfunctions within political systems. The most serious human
rights abuses tended to occur in countries where unaccountable
rulers wielded unchecked power or there was government failure
or collapse, often exacerbated or caused by internal or
external conflict.
Three: Healthy political systems are far more likely to
respect human rights. Countries in which human rights were most
protected and respected were characterized by the following
electoral, institutional, and societal elements:
Free and fair electoral processesthatinclude not only a
clean casting and honest counting of ballots on election day,
but also a run-up to the voting that allows for real
competition and full respect for the freedoms of expression,
peaceful assembly, and association; Representative,
accountable, transparent, democratic institutions of
government, including independent judiciaries, under the rule
of law to ensure that leaders who win elections democratically
also govern democratically, and are responsive to the will and
needs of the people; andVibrant civil societies, including
independent NGOs and free media.
To be sure, even in countries where these elements were
present human rights abuses at times occurred. Democratic
elections can be marred with irregularities. There can be
abuses of power and miscarriages of justice. States having weak
institutions of democratic government and struggling economies
can fall far short of meeting the needs and expectations of
their people for a better life. Corruption can undermine public
trust. Long-marginalized segments of populations in some
countries have yet to enjoy full participation in the life of
their nations. Insecurity due to internal and/or cross-border
conflict can hinder respect for and retard progress in human
rights. But when these electoral, institutional and societal
elements obtain, the prospects are far greater for problems to
be addressed, correctives to be applied and improvements to be
made.
Taken together, these three trends confirm the continuing
need for vigorous United States diplomacy to act and speak out
against human rights abuses, at the same time that our country
carefully reviews its own performance. These trends further
confirm the need to combine diplomacy with creative strategies
that can help to develop healthy political systems and support
civil society.
Below, readers will find overviews highlighting key trends
in each geographic region. Each of the regional overviews is
followed by thumbnail sketches of selected countries (ordered
alphabetically) that were chosen for notable developments-
positive, negative, or mixed-chronicled during calendar year
2008. For more comprehensive, detailed information, we refer
you to the individual country reports themselves.
Regional Overviews
AFRICA
Several African countries served as stabilizing forces on
the continent and as powerful examples of the peace and
stability that come with respect for the rule of law.
Nevertheless, during the year, human rights and democratic
development in the region continued to face severe challenges,
especially in a number of countries plagued by conflict and
others in which a culture of rule of law was fledgling or did
not exist.
In many countries, civilians continued to suffer from
abuses at the hands of government security forces acting with
impunity. In several countries, the systematic use of torture
by security forces on detainees and prisoners remained a severe
problem, and conditions in detention centers and prisons often
were squalid and life threatening. Many detainees suffered
lengthy pretrial detentions, waiting months or years before
going before a judge.
For those countries embroiled in conflicts, ending violence
remained central to improving human rights conditions. Warring
parties failed to implement political agreements designed to
bring peace and stability. Violent conflict continued or
erupted anew in the Democratic Republic of Congo, Somalia, and
Sudan, resulting in mass killings, rape, and displacements of
civilians. The Sudanese Government continued to collaborate
with janjaweed militias to bomb and destroy villages, killing
or displacing hundreds of thousands more innocent civilians.
Authoritarian rule continued to characterize many African
countries, for example: in Zimbabwe, the Mugabe regime
unleashed a campaign of terror that resulted in the killing,
disappearance, and torture of hundreds of opposition party
members and supporters following the March 29 elections that
were not free and fair. Government repression, restrictions,
and mismanagement caused the displacement of tens of thousands,
increased food insecurity, and created a cholera epidemic,
which killed 1,500 people by year's end. Previously postponed
presidential elections were further delayed in Cote d'Ivoire. A
coup ousted a democratically elected government in Mauritania.
Following the death of Lansana Conte, Guinea's longtime
president, a military junta seized power in a coup and
suspended the constitution.
There were, however, some bright spots during the year.
Angola held its first elections since 1992 and there were
peaceful, orderly, and democratic elections in Ghana and
Zambia. Due process and respect for the rule of law prevailed
in Nigeria as opposition candidates from the 2007 presidential
election respected the Nigerian Supreme Court's ruling
upholding President Umaru Musa Yar'Adua's election. The United
Nations International Criminal Tribunal for Rwanda sentenced a
former Rwandan army colonel to life in prison for organizing
the militants responsible for the killing of 800,000 Tutsis and
moderate Hutus during the 1994 Rwandan genocide.
Selected Country Developments
The human rights situation in the Democratic Republic of
the Congo (DRC) deteriorated further during the year, severely
undermining the country's progress since national elections in
2006. Despite the signing of the Goma peace accords in January
and the presence of UN peacekeepers, fighting continued in
North and South Kivu throughout the year. Security forces and
all armed groups continued to act with impunity, committing
frequent serious abuses including arbitrary killings,
disappearances, arbitrary arrest and detention, torture, rape,
looting, and the use of children as combatants. The conflict
continued to fuel the worst humanitarian crisis in Africa,
resulting in as many as 45,000 Congolese deaths each month, a
total of more than one million internally displaced persons,
and dozens of attacks on humanitarian workers by armed groups.
Pervasive sexual violence continued, including more than 2,200
registered cases of rape in June in North Kivu alone.
Throughout the country, security forces harassed, beat,
intimidated, and arrested local human rights advocates and
journalists, resulting in a marked deterioration in press
freedom.
Eritrea's poor human rights record worsened and the
Government continued to commit serious abuses including
unlawful killings by security forces with impunity. The ruling
People's Front for Democracy and Justice (PFDJ) is the only
legal political party and no national elections have been held
since Eritrea gained independence in 1993. The constitution,
ratified in 1997, has never been implemented. The independent
press remained banned, and most independent journalists were in
detention or had fled the country. Government roundups of young
people for national service intensified in 2008. Credible
reports indicate that national service evaders were tortured
while in detention, and security forces shot individuals trying
to cross the border into Ethiopia. Religious freedom, already
severely restricted, declined further. At year's end over 3,200
Christians from unregistered groups were detained in prison, as
were more than 35 leaders and pastors of Pentecostal churches,
some of whom had been detained for more than three years
without charge or due process. At least three religious
prisoners died in captivity during the year, from torture and
lack of medical treatment.
The violence following Kenya's December 2007 local,
parliamentary, and presidential elections ended in February
when an international mediation process produced an agreement
to form a coalition government under which President Mwai
Kibaki retained his office, and opposition candidate Raila
Odinga was appointed to a newly-created prime ministerial
position. The political settlement established a reform
framework to investigate and address the underlying causes of
the violence, which killed approximately 1,500 persons and
displaced more than 500,000. Progress on reform was slow and
efforts to address the economic and social aftermath of the
violence were incomplete. Separately, the deployment of
security forces to Mount Elgon to quell an abusive militia
resulted in human rights abuses by security forces.
Mauritania's human rights record deteriorated, with an
abridgement of citizens' rights to change their government,
arbitrary arrests, and the political detentions of the
president and prime minister following an August 6 coup. The
president was released from detention in December; however, the
military junta, known as the High State Council (HSC), remained
in power with General Mohamed Aziz as head of state at the end
of the year. Members of the international community, including
the African Union, strongly condemned the coup. Prior to the
August 6 coup, the then-democratically elected government
supported nationwide sensitization on a new antislavery law and
increased public discussion on formerly taboo issues, such as
ethnic divisions and social injustices. That government also
supported national reconciliation efforts regarding the
country's 1989-1991 expulsion of Afro-Mauritanians through the
launch of a repatriation program in coordination with UN High
Commissioner for Refugees (UNHCR).
In Nigeria, the courts continued to adjudicate the results
of the seriously flawed 2007 presidential, gubernatorial, and
legislative elections. On December 12, the Supreme Court
rejected the appeals of two major opposition presidential
candidates, upholding the election of President Yar'Adua. The
two opposition leaders respected the court's ruling. Election
tribunals nullified nine senatorial elections and 11
gubernatorial elections during the year. Violence continued in
the oil-producing Niger Delta region, where over 400 persons
(Nigerian nationals and expatriates) were kidnapped in
approximately 100 incidents during the year. In November,
ethno-religious violence erupted in Jos, resulting in the
deaths of several hundred persons and the displacement of tens
of thousands. Corruption continued to plague the resource-rich
country and the Economic and Financial Crimes Commission's
anticorruption efforts declined, with little progress on
prosecutions of federal, state, and local officials accused of
corruption.
In Somalia, fighting among the Transitional Federal
Government (TFG)/Ethiopian National Defense Forces and their
militias, the Council of Islamic Courts militias,
antigovernment and extremist groups, terrorist organizations,
and clan militias resulted in widespread human rights abuses,
including the killing of more than 1,000 civilians, the
displacement of hundreds of thousands of people, kidnappings
and disappearances, and attacks on journalists, aid workers,
civil society leaders, and human rights activists. The
political process to establish peace and stability in the
country continued as the TFG and the Alliance for the Re-
liberation of Somalia reached the Djibouti Agreement on June 9
and began to implement its terms; however, implementation was
slow and marred by political infighting.
In Sudan,conflict in Darfur entered its fifth year and
civilians continued to suffer from the effects of genocide. UN
data from 2008 indicated that, since it began, the protracted
conflict has left more than 2.7 million people internally
displaced and another 250,000 across the border in Chad, where
they sought refuge. Government, government-aligned militias,
and intertribal attacks killed civilians. Government forces
bombed villages, killed internally displaced persons, and
collaborated with militias to raze villages. The Government
systematically impeded and obstructed humanitarian efforts, and
rebels and bandits killed humanitarian workers. Unidentified
assailants killed several joint AU-UN peacekeeping mission
troops, and government forces attacked a peacekeeping convoy.
On May 10, the Justice and Equality Movement, a Darfur rebel
group, attacked Omdurman, near Khartoum. The Government
committed wide scale politically- and ethnically-motivated
detentions and disappearances in Omdurman and Khartoum
following the attack. The Government severely restricted
freedom of the press, including through direct and daily
censorship. Since 2005, when the Comprehensive Peace Agreement
(CPA) between the North and the South was signed, approximately
2.1 million displaced persons and refugees have returned to the
South. However, tensions over the implementation of the CPA
persisted, and fighting between northern and southern forces
destroyed much of Abyei town, killing civilians and displacing
more than 50,000 people.
Zimbabwe's illegitimate government engaged in the
systematic abuse of human rights, which increased dramatically
during the year, in conjunction with an escalating humanitarian
crisis caused by repression, corruption, and destructive
economic and food policies, which the Mugabe regime persisted
in applying despite their disastrous humanitarian consequences.
Civil society and humanitarian organizations were targeted by
government and militant groups for their efforts to protect
citizens' rights and provide life-saving humanitarian
assistance. A nearly three-month ban on the activities of NGOs
exacerbated the humanitarian crisis as well as food insecurity
and poverty. After the ban was lifted, the Mugabe regime
continued to impede humanitarian access. Millions of
Zimbabweans were food insecure at year's end.
The regime's manipulation of the political process,
including the presidential elections, through intimidation,
violence, corruption and vote fraud negated the right of
citizens to change their government. Security forces and ruling
party supporters killed, abducted, and tortured members of the
opposition, student leaders, civil society activists and
ordinary Zimbabweans with impunity. The opposition Movement for
Democratic Change (MDC) factions gained a parliamentary
majority in the March 29 election, but the results of the
presidential race were not released until May 2, calling into
question the credibility and independence of the Zimbabwe
Electoral Commission. Government-sponsored violence in the
period leading up to the June 27 run-off left more than 190
dead, thousands injured, and tens of thousands displaced. The
Electoral Commission declared Mugabe the winner of the run-off
election after MDC candidate Morgan Tsvangirai-who had scored a
strong plurality in the first round-withdrew because of the
Mugabe regime's violence directed at the MDC and its supporters
and out of recognition that a free and fair election was not
possible. Negotiations mandated by the Southern African
Development Community (SADC) led to a September 15 power-
sharing agreement; however, due to government intransigence,
the provisions of the deal had not been implemented by year's
end and the country remained in crisis.
EAST ASIA AND THE PACIFIC
During the year there were both advances and setbacks in
human rights in the vast East Asia and the Pacific region,
particularly in the areas of accountability for past abuses,
freedom of speech and the press, democratic development, and
trafficking in persons.
Countries in the region continued to come to terms with
past abuses. The Bilateral Commission of Truth and Friendship,
created to examine the atrocities committed by both Indonesians
and Timorese during the period surrounding Timor-Leste's 1999
independence referendum, delivered its final report during the
year. Indonesian President Yudhoyono acknowledged and accepted
the report's finding that assigned institutional responsibility
to the Indonesian Armed Forces. In addition, in August the
Extraordinary Chambers in the Courts of Cambodia refined its
internal rules to prosecute more rapidly egregious crimes of
the 1975-1979 Khmer Rouge regime. However, the trials had still
not begun by year's end.
Some countries increased repression in response to popular
efforts to secure respect for human rights. Vietnam increased
restrictions on freedom of speech and press, and in China the
Government increased its severe cultural and religious
repression of ethnic minorities in Tibetan areas and the
Xinjiang Uighur Autonomous Region and increased its detention
and harassment of dissidents and petitioners.
Other unelected rulers attempted to cloak their
illegitimacy with trappings of democracy and manipulated the
law to their own ends. The Burmese regime pushed through a
constitutional referendum characterized by widespread
irregularities and intimidation in the immediate aftermath of
the devastating Cyclone Nargis. While the constitution
technically came into effect in May, by the constitution's own
terms, the regime will continue to ``exercise state
sovereignty'' until multiparty elections are held in 2010. The
constitution will ensure that the military will continue to
exercise a dominant role in political life regardless of the
outcome of any electoral process. At the end of the year, the
regime imposed draconian sentences on more than 100 democracy
activists who participated in the 2007 Saffron Revolution and
individuals who engaged in the Cyclone relief effort. Many were
moved to prisons in remote parts of the country, isolating them
from family. In Fiji, the Suva High Court ruled to validate the
2006 Fiji coup, despite simmering opposition to the interim
government's refusal to hold elections in March 2009.
Trafficking in persons was another area where results were
mixed during the year. Several countries enacted new
antitrafficking legislation-such as Thailand and Cambodia-and
began to investigate and prosecute a broader range of
trafficking offenses, such as the trafficking of men for labor
exploitation. However, in Malaysia, widespread NGO and media
reports alleged that Malaysian immigration officials were
involved in the trafficking of Burmese refugees along the
Malaysia-Thai border.
Selected Country Developments
The military regime in Burma continued its oppressive
methods, denying citizens the right to change their government
and committing other severe human rights abuses. The regime
brutally suppressed dissent through extrajudicial killings,
disappearances, and torture. Human rights and prodemocracy
activists were harassed, arbitrarily detained in large numbers,
and sentenced up to 65 years of imprisonment. The regime held
detainees and prisoners in life-threatening conditions. The
army continued its attacks on ethnic minority areas. The regime
routinely infringed on citizens' privacy and restricted freedom
of speech, the press, assembly, association, religion, and
movement. Violence and discrimination against women and ethnic
minorities continued, as did trafficking in persons. Workers'
rights were restricted and forced labor persisted. The
Government took no significant actions to prosecute or punish
those responsible for such abuses. The regime showed contempt
for the welfare of its own citizens when it persisted in
conducting a fraudulent referendum in the immediate aftermath
of a cyclone that killed tens of thousands and blocked and
delayed international assistance that could have saved many
lives.
The Government of China's human rights record remained poor
and worsened in some areas. The Government continued to limit
citizens' privacy rights and tightly controlled freedom of
speech, the press (including the Internet), assembly, movement,
and association. Authorities committed extrajudicial killings
and torture, coerced confessions of prisoners, and used forced
labor. In addition, the Chinese Government increased detention
and harassment of dissidents, petitioners, human rights
defenders, and defense lawyers. Local and international NGOs
continued to face intense scrutiny and restrictions. China's
human rights record worsened in some areas, including severe
cultural and religious repression of ethnic minorities in the
Xinjiang Uighur Autonomous Region and Tibet. Abuses peaked
around high-profile events, such as the Olympic Games and the
unrest in Tibet. At the end of the year, the Government
harassed signatories of Charter '08 who called for respect for
universal human rights and reform and arrested writer Liu
Xiaobo for his participation in the drafting of the Charter. In
October, the Government made permanent temporary Olympic Games-
related regulations granting foreign journalists greater
freedoms.
The Government of Malaysia generallyrespected the human
rights of its citizens; however, there were problems in some
areas, including the abridgment of its citizens' right to
change their government. Despite their complaint that the
ruling party exploited the powers of incumbency, opposition
parties made significant gains by capturing 82 of 222
parliamentary seats in March 8 elections, effectively denying
the ruling coalition the two-thirds supermajority needed to
amend the constitution at will. The Government continued to
restrict freedoms of press, association, assembly, speech, and
religion. The Government arrested opposition leaders and
journalists. Internet bloggers were arrested for apparently
political reasons. Deaths in police custody remained a problem,
as did police abuse of detainees, overcrowded immigration
detention centers, and persistent questions about the
impartiality and independence of the judiciary. Some employers
exploited migrant workers and ethnic Indian-Malaysians with
forced labor, and some child labor occurred in plantations.
North Korea's human rights record remained abysmal. While
the regime continued to control almost all aspects of citizens'
lives, denying freedom of speech, press, assembly, and
association, and restricting freedom of movement and workers'
rights, reports of abuse emerged from the country with
increased frequency. However, these reports continued to be
difficult to confirm. Reports of extrajudicial killings,
disappearances, and arbitrary detention, including of political
prisoners, continued to paint a grim picture of life inside the
reclusive country. Some forcibly repatriated refugees were said
to have undergone severe punishment and possibly torture.
Reports of public executions also continued to emerge.
Despite a tumultuous political atmosphere, Thailand avoided
unconstitutional disruptions in governance. Nevertheless, there
continued to be reports that police were linked to
extrajudicial killings and disappearances. Police abuse of
detainees and prisoners persisted as well, as did corruption
within the police force. The separatist insurgency in the south
resulted in numerous human rights abuses, including killings,
committed by ethnic Malay Muslim insurgents, Buddhist defense
volunteers, and government security forces. The Government
maintained some limits on freedom of speech and of the press,
particularly through the use of lese majeste provisions.
Members of hill tribes without proper documentation continued
to face restrictions on their movement; however, the 2008
Nationality Act, which took effect on February 28, increased
the possibility of citizenship for hill tribe members.
The Government of Vietnam continued to restrict citizens'
rights in significant ways. Citizens could not change their
government, political opposition movements were prohibited, and
the Government continued to suppress dissent. Individuals were
arbitrarily detained for political activities and denied the
right to fair and expeditious trials. Suspects were abused
during arrest, detention, and interrogation. Corruption was a
significant problem among the police force, as was impunity.
The Government continued to limit citizens' privacy rights and
freedom of expression. There was a general crackdown on press
freedom throughout the year, resulting in the firings of
several senior media editors and the arrest of two reporters.
These actions dampened what had previously been a trend toward
more aggressive investigative reporting. Restrictions on
assembly, movement, and association continued. Independent
human rights organizations were prohibited. Violence and
discrimination against women remained a problem, as did
trafficking in persons. The Government limited workers' rights
and arrested or harassed several labor activists.
EUROPE AND EURASIA
The key challenges in the region remained: strengthening
new democracies, stemming government restrictions on and
repression of human rights NGOs, and addressing hate crimes and
hate speech while protecting fundamental freedoms against a
backdrop of migration, rising nationalism, and economic
recession.
In several post-Soviet countries, previous gains for human
rights and democracy were reversed or the slide towards
authoritarianism continued. A number of elections failed to
meet democratic standards set by the Organization for Security
and Cooperation in Europe, and media freedom remained under
attack. Journalists were killed or harassed, and laws often
restricted rather than protected freedom of expression.
During the August conflict that began in the Georgian
separatist enclave of South Ossetia, military operations by
Georgian and Russian forces reportedly involved the use of
indiscriminate force and resulted in civilian casualties,
including a number of journalists. After the Russians entered
South Ossetia, there were allegations that South Ossetian
irregulars engaged in executions, torture, ethnic attacks, and
random burning of homes, and at least 150,000 Georgian citizens
were displaced by the fighting. Russian and South Ossetian
forces occupied villages outside of the administrative borders
of South Ossetia and Abkhazia, the other separatist region in
Georgia. Although Russian forces mostly withdrew by October 10
from the regions outside of Abkhazia and South Ossetia, they
blocked access to both regions for Georgians and international
organizations, making it dangerous for residents and difficult
to monitor conditions in the region with respect to human
rights and compliance with humanitarian law.
In many countries, governments impeded the freedom of the
press. In Azerbaijan, increasing numbers of attacks on
journalists went unpunished, while journalists themselves
remained in prison on purported criminal charges. Russia
remained a dangerous place for journalists, a number of whom
were killed or brutally attacked during the year. In Belarus,
President Lukashenka signed a new media law that could further
restrict press freedoms, including Internet publications.
Developments in Georgia, including the opposition's loss of
control of Imedi Television, which had been the sole remaining
independent national television station, raised significant
concerns about the state of media diversity.
NGOs and opposition parties were the targets of government
oppression in several countries. The Government of Bosnia and
Herzegovina forced the closure for several days of an
international anticorruption NGO after a report accusing
government officials of corruption. In Russia, authorities
increasingly harassed many NGOs that focused on politically
sensitive areas and during the year the Government amended the
law on extremism, making it easier to bring charges against an
organization. The previous version of the law had already
raised concerns about restriction of the freedom of association
and legitimate criticism of the Government. In Belarus, while
the release of nine political prisoners was welcome, concern
remained about the Government's arbitrary constraints on
freedom of assembly and association and its frequent harassment
of independent activists. In Russia, police sometimes used
violence to prevent groups from engaging in peaceful protests,
particularly opposition protests.
There were both hopeful and troubling indicators for
democratic governance in the region. On a positive note,
Kosovo's democratically-elected government successfully
declared its independence on February 17, and put in place a
constitution and laws with model provisions for human rights.
Unfortunately, other nations did not have such encouraging
results. The February presidential elections in Armenia were
significantly flawed and followed by days of peaceful protests
that the Government ultimately put down violently. In Russia,
the March presidential election was marked by problems both
during the campaign period and on Election Day,including bias
by government-controlled or -influenced media in favor of the
ruling party and its candidates, authorities' refusal to
register opposition party candidates, lack of equal opportunity
for conducting campaigns, and ballot fraud. Parliamentary
elections in Belarus fell significantly short of OSCE
commitments for democratic elections, and all of the 110
declared winners were government supporters. Elections in
Azerbaijan failed to meet key OSCE commitments.
Human rights concerns were not limited to the eastern
portion of the continent. A number of the well-established
democracies of western and central Europe wrestled with
continuing challenges resulting from the large influx of new
migrants from the Middle East, Africa, and elsewhere that
strained economic and social resources and led to restrictive
practices toward immigrants and many charges of mistreatment.
In many countries, detention facilities for undocumented
migrants suffered from poor conditions and were inferior to
those for other detained individuals. The majority of hate
crimes in Ukraine during the year involved people of African,
Middle Eastern, and Asian origin. In Russia the disturbing and
steady rise in xenophobic, racial, and ethnic attacks
continued. There were manifestations of anti-Semitism in many
countries in the region and incidents of violent anti-Semitic
attacks remained a concern. In a number of countries, including
Italy and Hungary, members of the Roma community were targets
of societal violence, which in some cases was more frequent and
lethal than in previous years.
France, Germany, the Netherlands, Switzerland, and the
United Kingdom sought to outlaw hate speech in order to protect
minorities from discrimination and violence. However, some
human rights observers worried that this impinged on free
speech.
Selected Country Developments
There were significant setbacks for democracy in Armenia,
including the worst post-election violence seen in the Caucasus
in recent years. After weeks of generally peaceful protests
following a disputed February presidential election, the
Government used force to disperse protestors on March 1-2,
which resulted in violent clashes and 10 deaths. The violence
ushered in a 20-day state of emergency and a blackout of
independent media during which the Government severely
curtailed civil liberties. During the remainder of the year,
there were significant restrictions on the right to assemble
peacefully or express political opinions freely without risk of
retaliation, and several opposition sympathizers were convicted
and imprisoned with disproportionately harsh sentences for
seemingly political reasons. Fifty-nine opposition sympathizers
reportedly remained imprisoned on seemingly political grounds
at year's end; no government officials were prosecuted for
their alleged role in election-related crimes. Despite the
mixed success of a politically-balanced fact-finding group
established by the Government to investigate the March events,
the climate for democracy was further chilled by harassment,
intimidation, and intrusive tax inspections against independent
media and civil society activists.
In Azerbaijan, Ilham Aliyev was re-elected president for a
second term in October in a process that international
observers assessed did not meet international standards for a
democratic election, despite some government improvement in the
administration of the election. Shortcomings included serious
restrictions on political participation and media, pressure and
restrictions on observers, and flawed vote counting and
tabulation processes. During the year restrictions and pressure
on the media worsened. A media-monitoring NGO reported that
during the first half of the year there were 22 acts of verbal
or physical assault on journalists, up from 11 in the same
period of 2007, with no accountability. Several journalists
remained imprisoned on charges that many criticized as
politically motivated. On December 30, the Government announced
that as of January 1, 2009, it would no longer permit Radio
Free Europe/Radio Liberty, Voice of America, or BBC to continue
to broadcast on national television and FM radio frequencies;
without these international broadcasters, the public no longer
had access to unbiased news on any widely accessible broadcast
media.
In Belarus, the Government's human rights record remained
very poor, and authorities continued to commit frequent serious
abuses. Despite prior government assurances, parliamentary
elections in September were neither free nor fair. Authorities
failed to account for past politically motivated
disappearances. Prison conditions remained extremely poor, and
reports of abuse of prisoners and detainees continued. The
judiciary lacked independence. The Government further
restricted civil liberties, including freedoms of press,
speech, assembly, association, and religion. State security
services used unreasonable force to disperse peaceful
protesters. Corruption remained a problem. NGOs and political
parties were subjected to harassment, fines, prosecution, and
closure. Religious leaders were fined or deported for
performing services and some churches were closed.
In Georgia, PresidentMikheil Saakashvili was reelected in
January in an election that international observers found
consistent with most OSCE democratic election commitments.
However, they also highlighted significant challenges,
including widespread allegations of intimidation and pressure
and flawed vote counting. Problems also were noted in
parliamentary elections in May. There were allegations of
politically motivated detentions. Media diversity was reduced
when opposition voices lost control over the one remaining
independent national television station. During the August
conflict, military operations by Georgian and Russian forces
reportedly involved the use of indiscriminate force and
resulted in civilian casualties, including of a number of
journalists.
The Russian Federation continued a negative trajectory in
its overall domestic human rights record with numerous reports
of government and societal human right problems and abuses
during the year. During the August conflict, military
operations by Georgian and Russian forces reportedly involved
the use of indiscriminate force and resulted in civilian
casualties, including of a number of journalists. The
Government's human rights record remained poor in the North
Caucasus with security forces reportedly engaged in killings,
torture, abuse, violence, and other brutal treatment, often
with impunity. In Chechnya, Ingushetiya, and Dagestan, security
forces allegedly were involved in unlawful killings and
politically motivated abductions; for a second year, there was
a significant increase in the number of killings, usually by
unknown assailants, of both civilians and officials in
Ingushetiya.
Civil liberties continued to be under siege, reflecting an
erosion of the Government's accountability to its citizens.
Government pressure weakened freedom of expression and media
independence, and it remained a dangerous environment for media
practitioners. Five journalists were killed during the year, in
one case in Ingushetiya by police. Killings of journalists in
past years remained unresolved. The Government limited freedom
of assembly, and police sometimes used violence to prevent
groups from engaging in peaceful protest. Authorities'
hostility toward, and harassment of some NGOs, in particular
those involved in human rights monitoring, as well as those
receiving foreign funding, reflected an overall contraction of
space for civil society. Given an increasingly centralized
political system where power is concentrated in the presidency
and the office of prime minister, the problems that occurred in
the December 2007 Duma elections were repeated in the March
presidential elections, which failed to meet many international
standards.
NEAR EAST AND NORTH AFRICA
Continued serious challenges for the promotion of democracy
and human rights characterized the Middle East region during
the year, though there were some notable steps forward.
Several governments, including Egypt, Iran, Libya, and
Syria, continued to imprison activists because of their
beliefs. Ayman Nour, the runnerup in the 2005 Egyptian
presidential election, remained in prison in Egypt throughout
the reporting period (although he was released on February 18,
2009). Iran's government regularly detains and persecutes
women's rights and student activists, labor unionists, and
human rights defenders. Iranian authorities continued to crack
down on civil society institutions, notably by closing the
Center for the Defense of Human Rights on December 21 as it
prepared to celebrate the 60th anniversary of the Universal
Declaration of Human Rights. The Government of Libya announced
in March that it had released political activist Fathi El-
Jahmi, but he remained in detention at the Tripoli Medical
Center during the year and was granted only sporadic visits by
his family. In Syria, the Government detained several high-
profile members of the human rights community, particularly
individuals affiliated with the national council of the
Damascus Declaration for Democratic National Change, an
umbrella organization of reformist opposition groups.
Along with greater access to information through the
Internet and satellite television came greater restrictions on
media, including Internet bloggers. In Egypt, police detained
and allegedly tortured bloggers. Iran's best-known blogger,
Hossein Derakhshan, was arrested late in the year. Tunisia
regressed on media freedom, with authorities arresting or
harassing bloggers. In Iraq, journalists continued to struggle
for safety while reporting on politics, women's rights, and
homosexuality. Although the number of killings of journalists
in Iraq dropped last year, the death rate remained high.
Many countries in the region continued to restrict
religious freedom and expression. Iran detained seven leaders
of the Baha'i faith since May, and the Iranian president
continued to denounce the existence of Israel. Saudi Arabia
strictly prohibited public worship of faiths other than Sunni
Islam, and religious minorities faced discrimination in access
to education, employment, and representation in government.
Members of religions that are not recognized by the Government
experienced personal and collective hardship in Egypt. Other
countries, such as Bahrain and Algeria, enacted discriminatory
legislation or, like Jordan, continued to implement policies
that favored the majority religions.
Legal and societal discrimination as well as violence
against women continued throughout the region. Iranian women's
rights activists were harassed, abused, arrested, and accused
of ``endangering national security" for participating in
peaceful protests and demanding equal treatment under Iranian
law through the One Million Signatures Campaign. However, other
countries in the region witnessed incremental progress on
women's rights and women actively sought leadership roles in
local and national governments. In Kuwait, 27 women ran for
office in May 2008 national elections, although none of the
female candidates won. Also during the year, the UAE appointed
its first female judge and two female ambassadors.
Some countries in the Near East have taken significant
steps over the past several years to address worker abuse and
to raise labor standards. Oman and Bahrain enacted
comprehensive laws to combat human trafficking and Jordan
extended labor law protections to expatriate household workers.
Significant challenges remain, however, regarding protection
for foreign workers and implementation of existing labor laws
and regulations for all workers, especially for construction
and household workers.
Selected Country Developments
In Egypt, there was a decline in the Government's respect
for freedoms of speech, press, association, and religion during
the year. In particular, detentions and arrests of Internet
bloggers appeared to be linked primarily to their efforts to
organize demonstrations through their blogs and participation
in street protests or other activism. The state of emergency,
enacted in 1967, remained in place, and security forces used
unwarranted lethal force and tortured and abused prisoners and
detainees, in most cases with impunity.
The Government of Iran intensified its systematic campaign
of intimidation against reformers, academics, journalists, and
dissidents through arbitrary arrests, detentions, torture, and
secret trials that occasionally end in executions. Executions
of defendants who were juveniles at the time of their arrest
continued. Iranian-American dual nationals, as well as Iranians
with contacts in or travel to the United States, continued to
be targets of intimidation and harassment. Prior to
parliamentary elections in March, the Guardian Council
disqualified almost 1,700 reformist candidates.
The general security situation throughout Iraq
substantially improved and some reconciliation and easing of
tensions occurred in several provinces. However, continuing
insurgent and extremist violence against civilians undermined
the Government's ability to uphold the rule of law, resulting
in widespread and severe human rights abuses. However, there
were positive developments including the passage of the
Provincial Election Law on September 24 calling for elections
in 14 Arab majority provinces on January 31, 2009, with
elections later in the year in the three Kurdish provinces and
Tameem (Kirkuk). The November 16 adoption of a law authorizing
the establishment of the constitutionally mandated Independent
High Commission for Human Rights also marked a step forward to
institutionalize protection of those rights.
In Jordan, civil society activists expressed concern abouta
new law on associations. The law, which has yet to be
implemented, allows the Government to deny registration of NGOs
for any reason; dissolve associations; and intervene in the
management, membership, and activities of NGOs. According to
international and local NGOs prisons continued to be
overcrowded and understaffed with inadequate food and health
care and limited visitation. Although Jordanian law prohibits
torture, Human Rights Watch reported that torture remained
widespread and routine. There were reports by citizens and NGOs
that political prisoners, including Islamists convicted of
crimes against national security, received greater abuse than
other prisoners, and guards abused prisoners with impunity.
Women held a limited number of government leadership positions,
albeit at levels higher than elsewhere in the region; at the
same time, domestic violence and so-called honor crimes
persisted. A 2007 press law abolished imprisonment of
journalists for ideological offenses; however, limited
detention and imprisonment of journalists for defamation and
slander continued through provisions in the penal code. Many
journalists reported that the threat of stringent fines led to
self-censorship. In July the Labor Law was amended to include
agriculture workers and domestic servants, placing them under
some legal protections.
For a fourth consecutive year, internal violence and
political battles hindered Lebanon's ability to improve the
country's human rights situation. On May 7, opposition fighters
led by Hizballah, a Shia opposition party and terrorist
organization, seized control of Beirut International Airport
and several West Beirut neighborhoods. On May 21, after 84 died
and approximately 200 were wounded, rival leaders reached a
deal to end the violence and the 18-month political feud.
Despite the cessation of hostilities and parliament's May
election of President Michel Sleiman, Hizballah retained
significant influence over parts of the country, and the
Government made no tangible progress toward disbanding and
disarmingarmed militia groups, including Hizballah.
The Syrian government continued to violate citizens'
privacy rights and to impose significant restrictions on
freedoms of speech, press, assembly, and association, in an
atmosphere of government impunity and corruption. Security
services disrupted meetings of human rights organizations and
detained activists, organizers, and other regime critics
without due process. Throughout the year, the Government
sentenced to prison several high-profile members of the human
rights community, especially individuals affiliated with the
national council of the Damascus Declaration for Democratic
National Change (DDDNC), an umbrella organization of reformist
opposition groups.
In Tunisia, the Government continued its systematic, severe
repression of freedom of expression and association. The
Government remained intolerant of public criticism by human
rights and opposition activists and used intimidation, criminal
investigations, and violent harassment of editors and
journalists to discourage criticism. Authorities strictly
censored publications both in print and on line, and routinely
harassed journalists. Security forces killed a political
protestor during the year and detainees faced torture, sexual
assault, and coercion in attempts to elicit confessions.
SOUTH AND CENTRAL ASIA
Significant attacks on basic rights, including the freedoms
of expression, religion, and association, marked 2008 in South
and Central Asia.
A number of governments in the region continued to harass
individual journalists and media outlets, and several countries
continued to restrict free access to information on the
Internet, particularly in Central Asia. In Kyrgyzstan, the
Government removed programs of a prominent independent
broadcaster from state-run radio and television. A government-
controlled Internet provider in Kazakhstan intermittently
blocked specific news and opposition-focused Web sites. Both
governments levied heavy criminal libel penalties against
journalists and, in some cases, the journalists left the
country due to fear for their own safety. As in years past,
journalists working in Turkmenistan were subject to government
harassment, arrest, detention in psychological clinics, and
violence. In Afghanistan, the Government convicted a student
journalist of blasphemy and sentenced him to death for
distributing an article he downloaded from the Internet about
women's rights in Islam; an appeals court reduced the sentence
to 20 years in prison. In Pakistan, arrests of journalists
declined following the election of a new government. Even so,
unidentified actors continued to intimidate, abduct, and kill
journalists, particularly in regions of internal conflict. In
Sri Lanka, defense and government officials made threatening
statements against independent media outlets in the aftermath
of several unresolved attacks against members of the free
press.
Freedom of religion came under attack in the region with
the parliaments of Kazakhstan, Kyrgyzstan, and Tajikistan
introducing laws that would increase restrictions on religious
freedom, disproportionately affecting religious minorities, and
through violence against minorities in the Indian state of
Orissa. These actions took place in the context of increased
harassment of minority religious groups by the Governments of
Kazakhstan and Tajikistan and continued harassment by the
government of Uzbekistan. Turkmenistan welcomed a visit by the
UN Special Rapporteur on Freedom of Religion or Belief, but the
Government closely controlled and monitored all religious
activity.
Significant issues remained on labor rights across the
region. Child labor continued in agriculture and manufacturing
sectors in Afghanistan, Pakistan, and India. There was
widespread child labor in Kyrgyzstan and Tajikistan in cotton
and other sectors, and Uzbekistan continued to compel many
schoolchildren to work in the cotton harvest. Although the
Government of Kazakhstan is making strides to eliminate child
labor, the practice still occurs in the cotton and tobacco
sectors. Forced labor, especially in the large informal sectors
and among socially disadvantaged minorities, continued in
Nepal, Pakistan, and India. Labor organizers in Bangladesh
reported acts of intimidation and abuse as well as increased
scrutiny by security forces.
Although some governments in the region restricted
political opposition and prohibited genuine electoral
competition, there were several improvements with regard to
elections and political competition in South Asia. In Pakistan,
the two main opposition parties, Pakistan People's Party and
the Pakistan Muslim League-Nawaz, together won majority seats
in competitive parliamentary elections and formed a coalition
government ending nine years of military rule. The people of
Maldives elected a former political prisoner as president in a
free and fair election, peacefully unseating the longest-
serving Asian leader. The Afghan Independent Election
Commission led preparatory efforts for Afghanistan's second
round of elections since the fall of the Taliban. Elections in
Nepal produced the most diverse legislature in the country's
history, and the new parliament subsequently declared Nepal a
federal democratic republic, peacefully dissolving the
monarchy. Bangladesh held free and fair parliamentary elections
with isolated irregularities and sporadic violence. The
elections and subsequent peaceful transfer of power ended two
years of rule by a military-backed caretaker government. In
Bhutan, elections for the lower house of parliament completed
the country's transition to a constitutional and limited
monarchy with genuine popular oversight and participation.
Selected Country Developments
Although human rights in Afghanistan have improved
significantly since the fall of the Taliban in 2001, the
country's record remained poor due to weak central government
institutions and a deadly insurgency. The Taliban, Al-Qa'ida,
and other extremist groups continued attacks against government
officials, security forces, NGOs and other aid personnel, and
unarmed civilians. There were continued reports of arbitrary
arrests and detentions, extrajudicial killings, torture, and
poor prison conditions. Government repression and armed groups
prevented the media from operating freely.
In Bangladesh, levels of violence declined significantly
and the caretaker government oversaw successful elections, but
the Government's human rights record remained a matter of
serious concern. The state of emergency, which the Government
imposed in January 2007 and lifted on December 17, curtailed
many fundamental rights, including freedom of expression,
freedom of association, and the right to post bail. The
Government's anticorruption drive was greeted by popular
support but gave rise to concerns about fairness and equality
under the law. Although the number of extrajudicial killings
decreased, security forces committed serious abuses, including
extrajudicial killings, custodial deaths, arbitrary arrest and
detention, and harassment of journalists. Some members of
security forces acted with impunity and committed acts of
torture, and the Government failed to investigate fully
extrajudicial killings.
In Kazakhstan,the political opposition faced government
harassment via politically motivated criminal charges and
restrictions on freedom of assembly. The Government continued
to harass independent and opposition-oriented media outlets and
journalists. At year's end, the Government was considering
amendments to laws governing political parties, media, and
elections. Some civil society representatives and opposition
parties criticized the process as lacking transparency. The
Government was also considering amendments to the religion law
that, if enacted, would represent a serious step backward for
religious freedom.
Although Kyrgyzstan has a vibrant civil society and
independent media, in the past year the Government increasingly
sought to control various aspects of civil life. New laws or
amendments placed restrictions on public assembly, religious
freedom, and media. In October, the National Television and
Radio Network took Radio Free Liberty/Radio Europe off the air,
reducing the public's access to this independent source of
information. The Central Election Commission chairwoman fled
the country after claiming she had been pressured by the
president's son over registering an opposition candidate for
October local council elections.
Nepal became a federal democratic republic shortly after
national elections in April produced the most diverse
legislature in the country's history. Although there were
reports of political violence, intimidation, and voting
irregularities, observers reported that the elections reflected
the will of the people. Violence, extortion, and intimidation
continued throughout the year; and impunity for human rights
violators, threats against the media, arbitrary arrest, and
lengthy pretrial detention were serious problems. Members of
the Maoists, the Maoist-affiliated Young Communist League, and
other small, often ethnically based armed groups committed
numerous grave human rights abuses. Such abuses included
arbitrary and unlawful use of lethal force, torture, and
abduction. Several armed groups, largely in the Terai region,
attacked civilians, government officials, members of particular
ethnic groups, each other, or Maoists.
Pakistan returned to civilian democratic rule during the
year. Opposition parties prevailed in February parliamentary
elections and formed a coalition government. The coalition
lasted only part of the year though the Government remains in
power. In September, Asif Ali Zardari, widower of former Prime
Minister Benazir Bhutto, succeeded Pervez Musharraf as
president. The new government put back on the bench under a new
oath five of the 13 Supreme Court judges Musharraf deposed
during the November 2007 state of emergency, while three
retired or resigned. The chief of army staff withdrew 3,000
army officers from civilian government posts they held during
Musharraf's tenure. Despite these positive steps, the human
rights situation remained poor. Military operations in the
country's northwest killed approximately 1,150 civilians,
militant attacks in that region killed 825 more civilians,
sectarian violence in the country killed an estimated 1,125
persons, and suicide bombings killed more than 970 individuals.
Ongoing battles with militants left approximately 200,000
persons displaced at year's end.
In Sri Lanka, the democratically elected government's
respect for human rights declined as armed conflict escalated
in the country's 25-year civil war. By year's end, there was
little movement on political inclusion of minorities and they
continued to suffer the majority of human rights abuses, such
as killings and disappearances. The Government expelled most
international humanitarian assistance providers from the
northern conflict zone. Although the Government took initial
steps to address the use of child soldiers by progovernment
militias, the problem was not resolved. The Government failed
to investigate and prosecute any security forces for human
rights violations and to implement constitutional provisions
that would provide oversight of government institutions. Civil
society was intimidated and independent media and journalists
came under particular pressure through attacks and threats from
pro-government actors.
Although there were modest improvements, the Government of
Turkmenistan continued to commit serious abuses and its human
rights record remained poor. Political and civil liberties
continued to be severely restricted. In June authorities
arrested former activist and former political prisoner Gulgeldy
Annaniyazov after he allegedly reentered the country illegally
and sentenced him in a closed trial to 11 years in prison.
December parliamentary elections fell far short of
international standards. The Government continued its effort to
revise laws, including its constitution, to bring them into
conformity with relevant international conventions.
The Government of Uzbekistan took steps to address human
rights concerns such as defendants' rights, trafficking in
persons, and child labor in the cotton industry. However,
serious human rights abuses continued and torture remained
systemic in law enforcement. Authorities compelled many
children to pick cotton, at times under poor living conditions.
Human rights activists and journalists who criticized the
Government continued to be subjected to harassment, arbitrary
arrest, politically motivated prosecution, and torture.
WESTERN HEMISPHERE
Governments in the region continued to address past human
rights abuses by working to ensure justice for victims and to
end impunity. In Colombia, a number of commanding officers were
under investigation for gross human rights violations. The
Prosecutor General's Office was investigating 27 military
officials, including three generals and four colonels,
dismissed from the Armed Forces in late October for their
alleged involvement in the murder of 11 youths from Soacha,
near Bogot . Several investigations continued in Chile and
Argentina, and a number of judgments were handed down in cases
related to abuses of the 1970s and 1980s. In Peru, the state
continued prosecutions against former president Fujimori and
other former government officials for corruption and serious
human rights abuses. Forensic anthropology teams exhumed the
remains and began identifying the bodies of hundreds of persons
forcibly disappeared or massacred and buried in clandestine
graves during the 1980s and 1990s. The UN-led Commission
Against Impunity in Guatemala continued its investigation of 15
high-profile human rights cases involving femicide, killings of
bus drivers, trafficking in persons, and attacks against and
killings of trade unionists and human rights defenders.
In general, electoral institutions throughout the Western
Hemisphere maintained the independence and rigor they have
gained in recent years. Various electoral processes, such as
the presidential election in Paraguay, the presidential primary
in Honduras, and referendums in Bolivia and Ecuador, were
judged generally free and fair. There were exceptions, however.
In Nicaragua, the municipal elections were marred by widespread
fraud, intimidation, and violence. In Venezuela, the
comptroller general declared nearly 300 (mostly opposition)
mayoral and gubernatorial candidates ineligible to run due to
administrative infractions.
In some cases governments used democratic processes, such
as constitutional referendums, to pursue policies that
threatened to undermine democratic freedoms and institutions,
reduce checks and balances, or consolidate power in the
executive branch. In Ecuador, the 2008 Constitution contains
provisions requiring media to provide the Government free
airtime, prompting concerns that freedom of speech and press
will be affected. In Venezuela, the passage of 26 ``enabling''
laws, some of which reflect aspects of the failed 2007
constitutional referendum, feature clauses that reduce the
scope of authority of elected officials, and promote
centralization of power.
There were threats to press freedom. In Venezuela,
independent media outlets and journalists continued to be
subjected to public harassment and intimidation by high-ranking
government officials on state-owned media, and the independent
Venezuelan television station Globovision was the target of a
tear gas attack by pro-government supporters. The Nicaraguan
Government used administrative, judicial, and financial
measures to undermine the exercise of freedom of speech.
Although Bolivia's Government generally respected press
freedom, it maintained an antagonistic relationship with the
press. Several NGOs alleged that President Morales and
government officials made disparaging statements regarding the
press, condoning violence against journalists and media
outlets, politicizing state-produced media content, and
promulgating laws designed to restrict independent media.
Cuba continued to be the hemisphere's only totalitarian
state after an undemocratic transfer of power from Fidel Castro
to his brother, Raul.
Selected Country Developments
In Bolivia, government efforts to bring a controversial new
constitution to a national referendum, opposition claims for
greater regional autonomy, and competing demands for government
funds led to a series of violent confrontations and large-scale
road blockades. The violence peaked in September in Pando
Department with 13 deaths and the illegal, prolonged detainment
of the governor. In May and June, eastern departments held
autonomy referenda, which the federal government refused to
recognize and the international community declined to monitor.
A nationwide recall referendum in August left most prefects
(governors) and President Evo Morales in office, strengthening
the president's Movement Toward Socialism party and its efforts
to hold a national vote on a new constitution.
Against the backdrop of its 44-year armed conflict with
terrorist organizations, the Government of Colombia continued
efforts to improve human rights, particularly in implementing
its Justice and Peace Law, a process that has helped clarify
approximately 164 thousand crimes and led to reform of the
military justice system. During the first 10 months of the
year, killings decreased by 6 percent and kidnappings by 14
percent compared with 2007, while investigations of links
between politicians and paramilitary groups implicated 70
congressmen and 15 governors, a number of whom have been
imprisoned. Nonetheless, numerous societal problems and
governmental human rights abuses persisted, including unlawful
killings, insubordinate-military collaboration with illegal
armed groups, and harassment of journalists and human rights
groups. Terrorist organizations, notably the Revolutionary
Armed Forces of Colombia and the National Liberation Army,
committed serious human rights abuses, including political and
other killings, kidnappings, massive forced displacements,
recruitment of child soldiers, and attacks against human rights
activists, teachers, and trade unionists.
In Cuba, there was an increase in suppression of freedom of
speech and of assembly compared to the previous year.
Harassment of dissidents intensified, including the beating of
activists by security officials or government-organized mobs.
The Government also increased its use of brief detainments and
subsequent release without charges to intimidate activists and
prevent them from organizing. At least 219 political prisoners
remained imprisoned in squalid and life-threatening conditions,
which included beatings and denial of medical treatment. Those
released during the year had served their full sentences. The
Government continued to restrict citizens' access to
independent information, and in particular sought to restrict
Internet access, despite permitting individual citizens to own
personal computers for the first time.
Guatemala made efforts to improve its human rights
situation. The UN-led Commission Against Impunity in Guatemala
continued its investigation of high-profile human rights cases
and expanded its investigative capacity through the creation of
a new unit of prosecutors. However, there continued to be
widespread violence and impunity. Members of the national
police committed unlawful killings, and in many cases
authorities transferred individual police officers or dismissed
them rather than investigate and prosecute alleged wrongdoers.
Other violence stemmed from gang incidents, sexual assault,
extortion, organized crime, and narcotics trafficking. Trade
unionists were threatened with violence or killed by unknown
assailants. Government corruption remained a serious issue,
with public surveys indicating a lack of confidence in nearly
all governmental institutions.
Nicaragua's ruling Sandinista government excluded credible
international observers from the November municipal elections,
which were marred by widespread fraud, irregularities, and
intimidation. The country continued to suffer from lack of
respect for the rule of law, systemic corruption, and
politicization of the judiciary and other government organs.
The Government and other actors intimidated and harassed
journalists and civil society groups that did not support
official policies.
In Venezuela, the NGO community noted an erosion of both
democratic and human rights, with potentially severe
consequences. During the year, the National Assembly passed 26
laws that featured clauses reducing the scope of authority of
elected officials and promoting centralization of power. The
Government drew international criticism and accusations of
unconstitutionality by declaring 272 candidates for municipal
and gubernatorial elections ineligible to run; the majority of
these were opposition candidates. President Chavez declared his
intention to establish another constitutional referendum-on
February 15, 2009-that would again attempt to abolish term
limits for the president, and for the first time for all
elected officials. There were numerous and substantive
hindrances and threats to freedom of expression, including
media freedom. Government officials publicly harassed and
intimidated independent media outlets and journalists on state-
owned media. The Government sued an independent Venezuelan
television station, alleging that the network had promoted the
assassination of President Chavez. Individuals and media
networks also were accused of fomenting violence and
destabilizing the Government after they made statements that
were critical of, or urged action in opposition to, the
Government. Government institutions and officials and
government-affiliated media outlets promoted anti-Semitism
through numerous anti-Semitic comments, which had a spillover
effect into society, taking the form of anti-Semitic
expression, caricatures, vandalism, and other physical attacks
against Jewish institutions.
Conclusion
December 10, 2008, marked the 60th anniversary of the
adoption of the Universal Declaration of Human Rights by the
United Nations General Assembly. In the decades since the
Declaration's adoption, there have been remarkable gains on
every continent for the rights it enumerates. Still, 60 years
later, hundreds of millions of people are denied fundamental
freedoms by their governments.
The United States is a country founded on human rights and
the rule of law. In publishing these reports, we seek to be a
source of information, hope and help to people everywhere who
are oppressed, silenced, and marginalized. We are inalterably
committed to working at all levels-national, regional, and
global-to ensure that the human rights enshrined in the
Universal Declaration are protected and respected.
AFRICA
----------
ANGOLA
Angola is a constitutional republic with an estimated population of
16 million. The ruling Popular Movement for the Liberation of Angola
(MPLA), led by President Jose Eduardo dos Santos since 1979, has been
in power since independence in 1975 and exercised tight, centralized
control over government planning, policymaking, and media outlets. On
September 5 and 6, the Government held the first post-war legislative
elections since 1992. Domestic and international observers reported
that polling throughout the country was peaceful and generally
credible, despite a ruling party advantage due to state control of
media and other resources, and serious logistical failures that marred
polling in the capital of Luanda. Civilian authorities generally
maintained effective control of the security forces.
The Government's human rights record remained poor, and there were
numerous, serious problems. Human rights abuses included: the
abridgement of citizens' right to elect officials at all levels;
unlawful killings by police, military, and private security forces;
security force torture, beatings, and rape; harsh prison conditions;
arbitrary arrest and detention; official corruption and impunity;
judicial inefficiency and lack of independence; lengthy pretrial
detention; lack of due process; restrictions on freedom of speech,
press, assembly, and association; forced evictions without
compensation; and discrimination, violence, and abuse perpetrated
against women and children.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed politically
motivated killings; however, human rights activists and domestic media
sources reported that security forces arbitrarily killed 23 persons
during the year.
Impunity remained a problem, although the Government prosecuted
some human rights violators. Results of investigations into security
force abuses were seldom released.
Domestic media and local human rights activists reported that
police use of excessive force resulted in killings.
During the year there were multiple media reports in Luanda that
police deliberately targeted and killed persons suspected of gang and
other criminal activity.
On July 23, five policemen shot and killed eight teenagers. While
the policemen claimed to be part of a special gang task force tasked
with ridding neighborhoods of gang members, the national police denied
the existence of the task force and relieved the policemen of duty.
Prosecutors charged the policemen with murder, and they remained in
police custody awaiting trial at year's end.
An investigation was still pending regarding a 2007 police killing
of two actors while they filmed a movie in a high-crime area of Luanda.
The police declined to prosecute the alleged perpetrators, stating they
could not be positively identified.
In December 2007 police shot and killed two vendors in an open-air
market during a raid on vendors of pirated DVDs. The minister of
interior and national police commander immediately suspended the
officers in question and promised a swift investigation. The Government
was still considering civil criminal charges against the accused police
officers at year's end.
The Memorandum of Understanding for Peace and Reconciliation for
Cabinda Province, signed in 2006, largely brought an end to the
insurgency in the province, although sporadic attacks by dissident
factions of the Front for the Liberation of the Enclave of Cabinda
(FLEC) and counter-insurgency operations by the Armed Forces of Angola
(FAA) continued during the year. In 2007 there was one report of an
unlawful killing in Cabinda that could be linked to FAA soldiers. The
incident remained under investigation. There were no updates during the
year regarding the 2006 unlawful killing in Cabinda linked to FAA
soldiers.
Reports of killings by private security companies in diamond
concession areas continued. While local or Luanda-based authorities
investigated some cases, no arrests were reported.
There were reports of vigilante violence during the year. Between
April and July, residents of the Luanda suburb Rocha-Pinto lynched
thieves who killed a pregnant woman while stealing her cell phone.
Some media reported that police accepted payments from families of
murder victims to execute alleged perpetrators.
There were no further developments in the numerous alleged 2007 or
2006 unlawful killings by police.
Landmines placed during the long civil war continued to be a
threat. According to the National Commission for Demining and
Humanitarian Assistance, landmine and other explosive remnants of war
(ERW) accidents killed 18 and injured 43 during the year. The
Government continued to strengthen and expand national demining
capacity during the year, and it partnered extensively with
international nongovernmental organizations (NGOs) on demining
operations and mine risk education.
b. Disappearance.--There were no reports of politically motivated
disappearances. However, there were media reports that persons taken
into police or military custody disappeared.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
government security forces tortured, beat, and otherwise abused
persons. Reports of beatings and other abuses in police stations during
interrogations were common. In a September 2007 visit to the country,
the UN Working Group on Arbitrary Detentions (UNWGAD) reported a number
of detainees with visible signs of torture. Police and other security
forces rarely were held accountable. Although the Government punished
some violators administratively, no prosecutions occurred during the
year.
Abuses by the army continued. There were NGO and media reports of
violence by security forces in Cabinda and Lunda Norte. In Cabinda FAA
troops illegally detained, beat, or threatened citizens suspected of
FLEC collaboration during anti-insurgency operations, according to
human rights NGOs.
The Government continued to conduct operations throughout the
country to identify, detain, and expel illegal immigrants, particularly
in the diamond-rich provinces of Lunda Norte and Lunda Sul, and mainly
during the months leading up to September's legislative election. The
Office of the UN High Commissioner for Refugees (UNHCR) estimated that
more than 200,000 illegal immigrants were expelled during the year.
There were reports of violence and degrading treatment associated with
these operations. In June international observers based in Democratic
Republic of Congo (DRC) reported cases of extortion, theft, and
physical and sexual violence against the Congolese committed by Angolan
security forces.
In December 2007 the NGO Doctors Without Borders (MSF) reported
that illegal Congolese immigrants detained in Lunda Norte were
systematically raped. MSF also reported beatings, forced labor,
withholding of food and water, and repeated body cavity searches
without the use of gloves as the authorities moved immigrants to the
DRC border for expulsion. Several children died from malnourishment and
dehydration. Although the women stated that they were abused by
``soldiers,'' it remained unclear if the abusers were FAA, national or
border police, or armed and uniformed private security forces. The UN
Children's fund (UNICEF) also reported allegations of excessive use of
force by government security forces during expulsions, including the
burning of houses, arbitrary arrests, sexual violence, extortion, and
forced labor. Three Congolese workers reportedly died while in custody.
The FAA had not commented publicly on the findings of its investigation
by year's end.
Reports of abuses by private security companies continued,
especially in Lunda Norte and Lunda Sul. According to reports from
human rights activists, private security contractors hired by diamond
companies to protect their concessions from illegal exploitation were
responsible for most of the violence. For example, in 2007 private
security forces allowed a security dog to attack a man, who suffered
severe stomach and pelvic injuries as a result. The Government provided
financial assistance for the victim's medical treatment, but
authorities filed no charges.
Police and immigration officials at border checkpoints and
provincial airports extorted money from travelers and harassed
returnees and refugees.
There were no developments in the 2006 cases of police torture and
other cruel, inhuman, or degrading treatment by security forces.
Landmine and ERW-related deaths continued during the year as
infrastructure improvements served to increase the movement of persons
and goods in rural, war-affected areas. In September three youths were
killed in Moxico while playing with unexploded ordnances. NGOs also
reported that landmines killed construction workers, mostly Chinese,
while rebuilding roads and railroads.
Prison and Detention Center Conditions.--Prison conditions were
harsh and life threatening. NGOs reported that prison officials
routinely beat and tortured detainees. In a September 2007 visit,
UNWGAD interviewed prisoners who showed visible signs of torture,
starvation, and abuse. A local Human Rights NGO reported similar
conditions while visiting prisons during the year.
Overcrowding and lack of medical care, sanitation, potable water,
and food led to some prison deaths. It was customary for families to
bring food to prisoners, but guards demanded bribes as a precondition
for food delivery. Some prisoners died of disease, especially in
provincial prisons. Prison conditions varied widely between urban and
rural areas.
On March 29, the National Criminal Investigation Department (DNIC)
building collapsed, killing 31 inmates. All police escaped from the
building prior to its collapse; however, prisoners were not freed from
their holding cells. Investigations revealed that the underlying water
table compromised the building's foundation. News reports stated that
three years prior to the collapse, DNIC officials reported structural
damage and other serious problems to high-ranking government officials.
Former inmates also reported constant flooding in basement cells but
prisoners were not moved from their cells when flooding occurred or
when the building's collapse was imminent.
Due to violent prison riots in October 2007 that resulted in at
least two prisoner deaths, the Government worked to reduce
overcrowding. The national prison system continued to hold more than
five times the number of prisoners for which it was designed. Luanda's
Central Prison, built to house 600 prisoners, held 3,300 prisoners
before the riots. By the end of 2007 the prison population was reduced
to approximately 1,000 prisoners. However, in a prison visit, a local
human rights NGO noted the transfer of prisoners from Luanda to the
provinces worsened overcrowding in the provincial prisons. During the
year the Government opened new or rehabilitated prisons in eight
provinces.
Chronically underpaid prison officials supported themselves by
stealing from prisoners and extorting money from family members. Prison
guards continued to demand that prisoners pay for weekend passes to
which they were entitled. There were continued reports of prison
officials operating an informal bail system, releasing prisoners until
their trial dates for a fee.
Female inmates informed the UNWGAD that prison guards regularly
raped them.
Authorities regularly housed juveniles, often incarcerated for
petty theft, with adults and subjected the children to abuse by guards
and inmates in provincial prisons; however, juveniles were more likely
to be separated from the main prison population in urban prisons.
Juvenile detention centers were present in Luanda but were severely
overcrowded.
Pretrial detainees were housed frequently with sentenced inmates,
and short-term detainees were often held with those serving long-term
sentences for violent crimes, especially in provincial prisons.
The Government permitted foreign diplomatic personnel and local and
international human rights observers to visit prisons during the year.
However, the Government limited access to politically sensitive
inmates. For example, the Government did not permit NGOs to visit the
former secret service chief, who was serving a four-year sentence in a
civilian penitentiary for a military charge.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, security forces often did not respect
these prohibitions in practice.
Local Human Rights NGOs reported that authorities held family
members of individuals wanted by the police.
Role of the Police and Security Apparatus.--The National Police,
under the Interior Ministry, are responsible for internal security and
law enforcement. The Internal Intelligence Service reports to the
Office of the Presidency and investigates sensitive state security
matters. The FAA is responsible for external security but also has
domestic security responsibilities, including border security,
expulsion of illegal immigrants, and small-scale actions against
dissident FLEC factions in Cabinda.
Other than personnel assigned to elite units, police were poorly
paid, and the practice of supplementing income through extortion of
civilians was widespread. Corruption and impunity remained serious
problems. Most complaints were handled within the National Police by
internal disciplinary procedures, which sometimes led to formal
punishment, including dismissal. However, the Government did not
establish mechanisms to expedite investigations and punish alleged
offenders, and it rarely disclosed publicly the results of internal
investigations.
There were no updates on the 2006 report that the Government had
investigated senior National Police officials for involvement in
racketeering.
The Government's closure of the UN Human Rights Office (UNHRO) in
May hampered the Ministry of Interior's efforts to train police and
army recruits. However, police participated in professional training
with foreign law enforcement officials from several countries in the
region.
Arrest and Detention.--The law requires a judge or magistrate to
issue a warrant prior to an arrest, although a person caught committing
a crime may be arrested immediately without a warrant; however,
security forces did not always procure arrest warrants before detaining
persons. The constitution provides the right to prompt judicial
determination of the detention's legality, but authorities often did
not respect this right in practice. The law mandates that detainees be
informed of their charges, and this generally occurred in practice.
Detainees may be held for 135 days without trial or up to 180 days if
caught committing a crime punishable by a prison sentence. In practice
authorities regularly exceeded these limits.
A functioning but ineffective bail system, widely used for minor
crimes, existed. Prisoners and their families reported that police and
prison officials demanded bribes to release prisoners.
Police often extorted bribes. Police did not obtain warrants before
conducting searches for illegal vendors and making sweeps of public
markets.
Unlawful arrest and detention continued to be serious problems.
NGOs continued efforts to secure the release of illegally detained
persons. During the year citizens reported to NGOs 700 cases of illegal
detention; NGOs reported receiving daily petitions from relatives of
illegally detained persons seeking pro bono legal assistance. NGOs also
reported that police often detained citizens without charge or denied
them access to a judge for extended periods and then released them.
In mining regions such as Lunda Norte, Lunda Sul, and Bie,
international organizations reported government security forces
detained illegal immigrants and their families in transit centers,
where the security forces subjected them to systematic rape, body
cavity searches, and deprivation of food and water.
Security officials arbitrarily arrested members of the opposition.
For example, on August 11, security forces arrested 13 members of the
Party for Democratic Support and Progress of Angola opposition party
for distributing pamphlets on behalf of another opposition party. The
Luanda Provincial Court dismissed the case as the prosecutor found the
charges erroneous.
Cabinda residents continued to report that security forces detained
persons suspected of FLEC activity or collaboration. NGOs reported that
public security forces held civilians incommunicado in military and
police prisons in Cabinda and Luanda, where the UNWGAD and
International Committee of the Red Cross (ICRC) were denied permission
to visit.
The law permits detainees access to legal counsel and states that
indigent detainees should be provided a lawyer by the state. These
rights often were not respected in part due to the shortage of legal
professionals. The law also allows family members prompt access to
detainees; however, this occasionally was ignored or made conditional
upon payment of a bribe.
Excessively long pretrial detention continued to be a serious
problem. An inadequate number of judges and poor communication among
authorities contributed to it. Police often beat and then released
detainees rather than prepare a formal court case. In some cases,
authorities held inmates in the prison system for up to two years
before their trials began. An NGO estimated that more than 50 percent
of inmates were pretrial detainees, most of whom had not been formally
charged. The Government did not release detainees who had been held
beyond the legal time limit, claiming the 2006 release of approximately
2,000 pretrial detainees resulted in an increase in crime.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the judiciary remained understaffed,
inefficient, corrupt, and subject to executive and political influence.
The Supreme Court heads the formal justice system and administers
the 18 provincial courts as well as a limited number of municipal
courts. The president appoints Supreme Court justices for life terms
without confirmation by the parliament. The Supreme Court generally
handled trials for political and security crimes, although the Ministry
of Defense tried civilians in military courts.
On September 16, a closed military tribunal sentenced Jose Fernando
Lelo to 12 years in prison for crimes against state security and
instigating a rebellion. In November 2007 security forces arrested
Lelo, a former reporter in Cabinda, and held him in a closed military
facility in Luanda. In March authorities returned Lelo to Cabinda for
trial by a military court, despite the fact that Lelo had never served
in the armed forces. Witnesses testifying against him in court showed
signs of abuse. The court did not permit evidence from Lelo's employer
that discredited the charges of bribing soldiers to join the FLEC.
On June 10, the Government created a seven-member constitutional
court to provide judicial review of constitutional issues and supervise
the electoral process. The president nominated three judges, parliament
nominated three, and the Supreme Court nominated one, all to serve
seven-year terms.
There were long trial delays at the Supreme Court level. Criminal
courts also had a large backlog of cases that resulted in major delays
in hearings.
Informal courts remained the principal institutions through which
citizens resolved conflicts in rural areas. Traditional leaders (sobas)
also heard and decided local cases. These informal systems did not
provide citizens with the same rights to a fair trial as the formal
legal system; instead, each community in which they were located
established local rules.
As most municipalities did not have prosecutors or judges, local
police often served as investigator, prosecutor, and judge. Both the
National Police and the FAA have internal court systems that generally
remained closed to outside scrutiny. While members of these
organizations could be tried under their internal regulations, cases
that include violations of criminal or civil laws can also fall under
the jurisdiction of provincial courts.
Trial Procedures.--By law trials are usually public, but each court
has the right to close proceedings. Juries are not used. Defendants
have the right to be present and to consult with an attorney in a
timely manner; however, the Government did not always respect these
rights in practice. The law requires that an attorney be provided at
public expense if an indigent defendant faces serious criminal charges.
Outside of Luanda the public defender was generally not a trained
attorney due to shortages in qualified personnel. Defendants do not
have the right to confront their accusers. They may question witnesses
against them and present witnesses and evidence on their own behalf.
However, courts did not always respect this right in practice.
Defendants and their attorneys have the right to access government-held
evidence relevant to their cases; however, the Government did not
always respect these rights. Defendants are presumed innocent and have
the right to appeal; however, this right was not always respected.
A court for children's affairs is under the Ministry of Justice and
functions as part of Luanda's provincial court system. Minors are
considered adults at 18 but leave the juvenile court system at 16;
between 16 and 18, they are tried and imprisoned with adults but
subject to lighter sentencing. Minors bear the responsibility of
proving their age; however, in many rural provinces courts tried as
adults those minors without identification papers.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Although the law provides
for an independent and impartial judiciary in civil matters, the
judiciary was subject to political interference. Civil courts
functioned in some provinces, but faced severe backlogs. During the
year Luanda's civil courts had 1,800 pending civil suits. The Ministry
of Justice continued work with national and international partners to
improve court clerk training and technical capacity in provincial and
municipal civil courts. Damages for human rights violations could be
sought in court, but no cases were tried during the year.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, but
the Government did not always respect these prohibitions in practice.
Citizens widely believed that the Government maintained
surveillance of certain groups, including government critics,
opposition parties, and journalists.
In July Cabinda residents and media reported security forces
searched and conducted raids for illegal immigrants and FLEC
collaborators.
The Government continued to demolish informal squatter housing in
Luanda and forcibly relocate residents in large provincial cities such
as Lobito.
There were no developments in numerous allegations of improper use
of force, improper notification, or lack of restitution during forced
evictions in 2006. In 2006 government and private security personnel
forcibly removed an estimated 600 families-mainly women, children, and
the elderly-from Luanda neighborhoods and destroyed their homes. During
the expulsions security forces beat and kicked residents and discharged
firearms into the air and ground to force the retreat of families and
allow bulldozers to advance.
The Government claimed that legitimate residents had been
compensated and relocated earlier; they had repeatedly warned of
impending evictions; and that the final eviction notice was issued two
days before eviction. However, Amnesty International claimed evictions
were carried out without procedural protection, due process, or prior
consultation, and authorities gave only one day's notice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, government regulations
and minimal independent media outside of Luanda limited these rights in
practice. Human rights activists and journalists practiced self-
censorship. For example, authorities cancelled live radio call-in shows
in the weeks leading up to the September legislative elections. Local
leaders accused opposition parties and civil society groups that
criticized the Government of being ``unpatriotic enemies of peace,'' or
``friends of war and chaos.'' Individual citizens also reported
practicing self-censorship but were generally able to criticize the
Government without fear of direct reprisals. The Government engaged in
subtle repression and economic coercion, often in the form of lost
business or job opportunities, to discourage criticism. The state-run
National Television of Angola (TPA) suspended a leading anchorman of a
prime news program without pay for four months for publicly declaring
that censorship occurred at TPA.
There were six privately owned weekly newspapers and four Luanda-
based commercial radio stations. The Government permits the National
Radio station to broadcast nationally, but all other radio stations can
only broadcast within the province where they are located. Authorities
did not allow independent stations to use repeaters to expand their
signal reach; they were required by law to open radio stations in every
province they wished to reach.
Independent radio and print media criticized the Government openly
and at times harshly; however, local journalists were reluctant to
criticize government officials, particularly the president, for fear of
arrest or harassment.
The Government continued to give preferential treatment and access
to state media organizations, including Angola Public Television,
government-owned and-operated National Radio, and the only national
daily newspaper, Jornal de Angola. Government-owned press often
criticized independent journalists, opposition leaders, and civil
society organizations without seeking their comments or allowing space
for a response.
The 2006 press law ended the state monopoly on television,
partially opened the FM bandwidth to independent broadcasters, and
rescinded travel restrictions on journalists; however, implementing
legislation had not been passed by year's end. During the year Human
Rights Watch and the Media Institute of Southern Africa called for
further amendments to the press law to remove statutes that expose
journalists to criminal liability and prevent independent radio from
broadcasting nationwide.
During the year authorities arrested, harassed and intimidated
journalists.
During the year the Government accused former reporter Fernando
Lelo of inciting treason and sentenced him to eight years' imprisonment
for encouraging five FAA soldiers to desert the FAA and join the FLEC
guerrilla movement.
In October 2007 security forces imprisoned Graca Campos, director
of a private weekly newspaper that frequently criticized the
Government. Campos, who was charged with defamation, was sentenced to
eight months in prison-two months more than the maximum legal sentence-
and fined an unprecedented 18,750,000 kwanzas ($250,000). Campos was
tried in absentia, after repeated unheeded summonses to court, which he
stated were never received, and convicted on a case dating back to
2001. Media and civil society groups strongly criticized the
Government's legal irregularities in the case, and it was declared a
mistrial in November 2007. Campos was freed on bail and awaited a new
trial at year's end.
In December 2007 the provincial court of Namibe found Radio
Ecclesia reporter Armando Chikoca guilty of ``inciting violence and
disobedience'' and sentenced him to one month in prison. During a
December 2007 interview on state-run radio, Namibe Governor Boavida
Neto denied accusations that he ordered Chikoca's arrest, stating the
detention was a result of police action to restore order during a
marketplace inauguration. Human rights activists condemned the arrest,
and his lawyer stated that the prosecutor refused to allow into
evidence a police video that would have exonerated the journalist.
However, on January 3, Catholic Archbishop of Lubango Dom Zacarias
apologized to the governor and disassociated the Church and its radio
from Chicoka. Armando served the sentence and was dismissed from his
job.
There were reports that security forces interfered with
journalists' attempts to take pictures or video during the year. The
Government refused to issue visas to a number of Portuguese journalists
seeking to cover the electoral process. In addition, authorities
prevented a foreign news crew from filming railroad construction during
the year.
Defamation is a crime punishable by imprisonment or fine. Accuracy
is not an acceptable defense against defamation charges; the accused
must provide evidence proving the validity of the allegedly damaging
material.
Depending on the issue, the Minister of Social Communication, the
spokesman of the presidency, the National Director of Information, and
the directors of state-run media organizations had policy and
censorship authority.
Internet Freedom.--Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail;
however, there were reports that the Government monitored Internet chat
rooms and Web sites and at times pressed for the removal of defamatory
material from Web sites. Availability of Internet service and Internet
cafes increased during the year, but the high cost of Internet service
put it beyond the reach of most citizens.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for the right of assembly;
however, the Government at times restricted this right.
The law requires written notification to the local administrator
three days before public or private assemblies are held; however, the
Government at times prohibited events based on perceived security
considerations. Participants potentially were liable for ``offenses
against the honor and consideration due to persons and to organs of
sovereignty.'' Applications for progovernment gatherings routinely were
granted without delay; however, applications for demonstrations,
protests, or opposition party assemblies frequently were denied,
usually based on government claims that the timing or venue requested
was problematic. Other times the Government did not respond to the
applicants, which then enabled local authorities to threaten
demonstrators with arrest for holding an event without authorization.
During the electoral period, numerous opposition parties reported
that local authorities denied requests to use buildings and public
spaces for political party rallies. They also reported that the ruling
MPLA reserved public spaces for the entire campaign period, which
permitted party supporters to interrupt and disperse opposition party
rallies in the space they had reserved. On August 6, in Namibe,
authorities denied space reserved and paid for by the opposition party
National Union for the Total Independence of Angola (UNITA), telling
members that the MPLA had reserved the same space months prior.
However, the ledger indicated that the space was available when UNITA
reserved it.
In March 2007 the municipal administrator denied the Forum of
Political Women, a nonpartisan group with membership from 13 political
parties, permission to distribute literature on women's political
rights in a Luanda market. Following media pressure, the local
government granted permission at another market and the group
rescheduled the event. However, on the day of the scheduled event, the
market administrator denied permission, stating municipal authorities
had not notified him. While municipal authorities apologized for what
they called a bureaucratic delay, the group decided not to reschedule
for a third time.
Freedom of Association.--The constitution and law provide for the
right of association; and the Government generally respected this right
in practice. The Government legally may deny registration to private
associations on security grounds. Extensive and unexplained delays in
the NGO registration process continued to be a problem.
The Government sometimes arbitrarily restricted associations that
it considered subversive by refusing to grant permits for organized
activities. During the year opposition parties generally were permitted
to organize and hold meetings; however, they reported occasional event-
specific harassment by local officials.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
Religious groups must register with the Ministry of Justice and the
Ministry of Culture; they must have at least 100,000 adherents (who
must be legal residents) to qualify for registration. During a November
2007 visit, the UN Special Rapporteur on Freedom of Religion and Belief
noted that this provision discriminates against religious minorities.
The Muslim community and many Christian groups were not recognized due
to this provision and were therefore limited in their rights and
activities. The Government legally recognized 85 denominations; 800
other religious denominations had pending registration applications;
the latter do not meet the membership requirement to receive legal
status, but the Government did not bar their activities.
Government officials issued statements opposing Muslim
proselytizing and linking Muslims to sensitive national issues of
illegal immigration, rising crime, and international terrorism.
The Government continued its ban on 17 religious groups in Cabinda
on charges of practicing harmful exorcism rituals on adults and
children accused of witchcraft, illegally holding religious services in
residences, and not being registered.
Societal Abuses and Discrimination.--Islam was practiced freely,
although public attitudes toward Islam were generally negative.
There was a Jewish community of approximately 350 persons,
primarily Israelis. There were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation; however, the Government at times restricted these rights
in practice. The Government cooperated with UNHCR, the International
Organization for Migration (IOM), and other humanitarian organizations
in providing protection and assistance to internally displaced persons
(IDPs), returning refugees, asylum seekers, and other persons of
concern.
Extortion and harassment at government checkpoints in rural areas,
and at provincial and international border checkpoints, interfered with
the right to travel. Extortion by police was routine in cities on major
commercial routes. The Government and private security companies
restricted access to designated diamond concessions. Citizens living
near concession areas were regularly denied access for any purpose,
including obtaining water.
NGOs reported that security forces often used excessive force in
expelling illegal artisanal miners and their families. Landmines
remaining from the civil war continued to impede freedom of movement in
rural areas.
The constitution prohibits forced exile, and the Government did not
employ it.
Internally Displaced Persons (IDPs).--A 2006 joint assessment by
the Government, UN, and foreign governments estimated that 100,000 IDPs
remained unsettled from the civil war. The majority did not intend to
return to their area or province of origin, as many considered their
new location home. Some of those yet to return to their homes stated
that a lack of physical infrastructure and government services, such as
medical care and landmines, were major deterrents to their return.
The Ministry of Assistance and Social Reinsertion (MINARS) has
primary responsibility for returnees and remaining IDPs, as well as
housing and resettlement programs; however, its efforts remained
inadequate. Provincial governments have primary responsibility for
ensuring safe, voluntary resettlement in areas cleared of mines and
with access to water, arable land, markets, and adequate state
administration. The Government did not restrict aid efforts by
international humanitarian groups.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol.
The Government provided some protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened; it also granted refugee status or asylum. In March 2007 the
Government and UNHCR closed the official repatriation program for
refugees from the civil war, but the Government continued to recognize
the right of return for more than 200,000 refugees remaining outside
the country.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully. Citizens were able to exercise the right to elect
parliamentary representatives; however, the right to elect a head of
state and local leaders remained restricted.
Elections and Political Participation.--After having postponed
parliamentary elections for two years, the Government held the first
post-war elections on September 5-6. The ruling MPLA won 81.6 percent
of the vote. Domestic and international observers reported that polling
throughout the country was peaceful and generally credible, despite the
ruling party's advantages due to state control of media and other
resources, and serious logistical failures that marred polling in the
capital city of Luanda. Opposition parties criticized many aspects of
the electoral process, including state control of the media, late
disbursement of public campaign funds, the National Electoral
Commission's (CNE) failure to accredit some opposition and civil
society electoral observers, as well as the CNE's last-minute decision
to discard the legal requirement that a voter registry be used to
verify voters at polling stations. Despite these and other
irregularities, election day was peaceful and more than 87 percent of
registered voters participated. Opposition parties generally accepted
the electoral results.
The ruling MPLA dominated all political institutions. Political
power is concentrated in the president and the Council of Ministers,
through which the president exercises executive power. The council can
enact laws, decrees, and resolutions, assuming most functions normally
associated with the legislative branch. The National Assembly comprises
220 deputies elected under a party-list proportional representation
system. This body has the authority to draft, debate, and pass
legislation, but in practice laws generally were drafted and proposed
by the executive branch for the assembly's approval. After the
September 5-6 legislative elections, opposition deputies held less than
20 percent of the parliamentary seats.
There were 96 registered opposition parties, 11 of which received
government subsidies based on their representation in parliament. Of
the 96, only 10 parties and four coalitions fulfilled the legal
requirements to participate in legislative elections. The DNIC informed
all parties that it would investigate and prosecute political parties
that used forged documents for its members during the electoral period.
Opposition parties stated that their members were subject to
harassment, intimidation, and assault by supporters of the ruling
party. For example, prior to the September elections, the UNITA
municipal secretary in Benguela Province reported that a member of his
party was beaten for wearing a UNITA T-shirt in the town of Ganda
during election campaign period. On August 10, MPLA members harassed
UNITA members in Namibe town center when they tried to hang UNITA party
flags on lamp posts in the town square. UNITA campaign materials also
regularly were torn down in Huambo Province.
Opposition party members and civil society leaders cited examples
of political intolerance during the election process.
There are 62 women in the 220-seat parliament and 19 women in the
91-member cabinet, including 10 ministers and nine vice-ministers.
There are two female governors. The country has three dominant ethno-
linguistic groups: the Ovimbundu, the Mbundu, and the Bakongo, which
together comprised approximately 77 percent of the population. However,
other groups also were represented in government. There were six
members of smaller ethnic groups in the parliament and one minority
member in the cabinet, representing the Chokwe people. The majority of
political parties had limited national constituencies, but all parties
were prohibited by law from limiting party membership based on
ethnicity, race, or gender.
Government Corruption and Transparency.--The law provides criminal
penalties for corruption; however, the Government did not implement
these laws effectively, and local and international NGOs and media
sources reported that officials engaged in corrupt practices with
impunity. The World Bank's Worldwide Governance Indicators reflected
that corruption was a severe problem.
Government corruption was widespread, and accountability was
limited due to a lack of checks and balances, lack of institutional
capacity, and a culture of impunity. Despite the widespread perception
that government corruption at all levels was endemic, there were no
public investigations or prosecutions of government officials during
the year.
In February 2007 the Government charged the former director general
of immigration with extortion; the charges stemmed from a 2006
investigation that resulted in the conviction of other immigration
officials. The case remained pending at year's end.
The Government continued its efforts to reduce discrepancies
between reported and actual oil revenues. To monitor and control
expenditures more effectively, the Ministry of Finance continued
implementation of the Integrated Financial System, a system designed to
record all central government expenditures. State-owned companies were
required to conduct internal audits and submit the results to the
Government for review.
Parastatals, most notably the oil entity SONANGOL, were required to
report revenues to the central bank and the Ministry of Finance but did
not consistently do so; inconsistent accounting practices also hampered
transparency. SONANGOL's dual role as governmental regulator and
national oil company hindered transparency in the petroleum sector.
Audits of ENDIAMA, the state diamond parastatal, likewise were not made
public. Serious transparency problems remained in the diamond industry,
particularly regarding allocation of exploration, production, and
purchasing rights.
The business climate continued to favor those connected to the
Government; government ministers and other high-level officials
commonly and openly owned interests in companies regulated by or doing
business with their respective ministries. There were no laws or
regulations regarding conflict of interest. Petty corruption among
police, teachers, and other government employees was widespread. There
were credible reports of high-level officials receiving substantial
kickbacks from private companies awarded government contracts.
The law provides for public access to government information;
however, while the Government was slow in providing it to the public,
the Ministry of Finance improved its Web site reporting on the national
budget. Information posted on most government Web sites remained
limited. The Government's limited technical capabilities also
restricted its ability to provide information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Several domestic and international human rights groups operated
throughout the country, but some, especially those investigating
government corruption and human rights abuses, alleged increased
government interference in their activities throughout the year.
There were more than 100 international and 350 domestic NGOs
operating in the country. An estimated 100 NGOs worked on human rights
issues, although only a few were considered effective. Local NGOs
actively promoted and defended human rights during the year by
documenting prison conditions, protesting forced evictions, providing
free legal counsel, lobbying government officials, and publishing
investigative reports.
The Law of Association requires NGOs to specify their mandate and
areas of activity. During the year the Government increasingly used
this provision to prevent or discourage established NGOs from engaging
in certain activities, especially those that were politically sensitive
or related to election issues. Government officials threatened to ban
those NGOs it determined to be operating outside their mandate or not
effectively working on the specific issues they were created to
address; no NGOs were banned during the year.
On May 31, the Government closed the UNHRO following its decision
not to grant a full mandate to the office. The Government had requested
a UNHRO presence in Luanda to contend with war-related human rights
abuses, but after six years of peace, the Government felt it had
sufficient institutional capacity to address the issues independently.
The decision to close the office directly contradicted government
commitments to work more closely with the UNHRO, which were made when
it ran for a seat on the UN Human Rights Council in 2007.
The Government arrested and harassed NGO workers.
In February 2007 security forces arrested Sarah Wykes, a well-known
anticorruption researcher and specialist on extractive industry
transparency. Authorities charged Wykes with unspecified crimes against
state security during her visit to Cabinda to research transparency in
the oil sector for Global Witness, an international NGO. Authorities
released Wykes on bail three days later and allowed her to return to
Britain while the investigation progressed. The case remained pending
at year's end.
In October 2007 David Mendes, a human rights lawyer and the founder
of a local human rights NGO, complained of political persecution after
he was charged by the Government with possession of illegal documents.
The documents were evidence in his legal appeal to the Supreme Court's
proscription of political parties. The charges against Mendes were
pending at year's end.
The Government also criticized domestic and international NGOs. In
July 2007 the director of the Humanitarian Assistance Technical
Coordination Unit, the Government agency that oversees NGOs, alleged
that certain local NGOs, as well as international NGOs Search for
Common Ground, the National Democratic Institute, and the International
Republican Institute, had instigated public discontent and
disobedience, operated outside of legal parameters, and illegally
involved themselves in political activities. The director also accused
the organizations of not being legally registered.
There were reports of police or military presence at community
meetings with international NGOs, especially in Cabinda.
Problems with governmental delays in processing registration
applications for NGOs continued. The Association for Justice, Peace,
and Democracy (AJPD), which continues to operate under a clause in the
registration law that automatically grants legal operating status if
authorities do not reject a group's application within 80 days,
remained unregistered, and its request to register remained with the
Supreme Court at year's end. Despite the lack of certification, AJPD
continued to work closely with some ministries, including in the
expansion of its human rights training program with the National
Police.
Mpalabanda, a civil society organization formerly based in Cabinda,
remained banned; its registration was rescinded in July 2006 after
joining the Cabindan Forum for Dialogue, a mechanism that negotiated
peace with the Government. The Government determined that Mpalabanda
was acting as a political entity outside of its legal mandate as a
civil society organization. Mpalabanda supporters continued to
distribute statements through the Internet and to attend public forums
during the year. Former leaders reported low-level harassment and
intimidation throughout the reporting period.
Several international human rights organizations maintained a
permanent presence in the country, including the ICRC.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives. In May 2007
the country was elected to a three-year term on the UN Human Rights
Council. In 2007 the Government cooperated with the UNHRO in visits
from UNWGAD, and extended an invitation to the Special Rapporteur on
Freedom of Expression.
The ombudsman's office conducted prison visits during the year but
issued no reports. In May 2007 the ombudsman discounted reports of
human rights abuses from SOS Habitat, Amnesty International, and Human
Rights Watch, stating they contained generic and unwarranted
criticisms. He admitted the reports had ``indicative value,'' but said
his office did not have the staff necessary to follow up or issue
reports.
Parliament's committee on human rights visited prisons and held
hearings on human rights issues during the year but did not issue any
reports.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, religion, disability, language, or social status; however, the
Government did not effectively enforce these prohibitions. Violence and
discrimination against women, child abuse, child prostitution,
trafficking in persons, and discrimination against persons with
disabilities and indigenous persons were problems.
Women.--Rape, including spousal rape, is illegal and punishable by
up to eight years' imprisonment; however, limited investigative
resources, poor forensic capabilities, and an ineffective judicial
system prevented prosecution of most cases. The Organization of Angolan
Women operated a shelter in Luanda that offered special services for
rape victims. Unlike in the previous year when there were reports that
350 rapes occurred in the capital, no updated information was
available. The Ministry of Justice worked with the Ministry of Interior
to increase the number of female police officers and to improve police
response to rape allegations. The Government also instituted mass
public campaigns against gender violence.
Violence against women was common and pervasive, particularly in
urban areas. Domestic violence is not illegal; however, the Government
occasionally prosecuted it under rape, assault, and battery laws. A
2007 preliminary study on domestic violence in Luanda indicated that 78
percent of women had experienced some form of violence since the age of
15. While 27 percent of the total reported abuse in the 12 months
preceding the study, 62 percent of women living in the poor outskirts
of Luanda reported abuse during the preceding year. Common-law husbands
or boyfriends perpetrated the majority of violence. The Ministry of
Family and the Promotion of Women (MINFAMU) operated a program with the
Angolan Bar Association to give free legal assistance to abused women;
the ministry also opened counseling centers to help families cope with
domestic abuse. Statistics on prosecutions for violence against women
under these laws during the year were not available.
Religious leaders in Lunda Norte and Uige reported that elderly
persons, particularly rural and impoverished women and children,
occasionally were vulnerable to accusations of witchcraft and
subsequent abuse. Women sometimes were killed, beaten, expelled from
their families, or died from mistreatment and malnourishment. The
religious leaders, who offered church-run shelter to the victims,
reported that police did not take action due to fears that the women
may practice witchcraft on them. Prostitution is illegal, but the
prohibition was not consistently enforced. Many women engaged in
prostitution due to poverty, but there were no estimates on its
prevalence. The MINFAMU maintained a women's shelter in Luanda that was
open to former prostitutes.
Sexual harassment was common and is not illegal. However, such
cases may be prosecuted under assault and battery and defamation
statutes.
Under the constitution and law women enjoy the same rights as men;
however, societal discrimination against women remained a serious
problem, particularly in rural areas. There were no effective
mechanisms to enforce child support laws, and women generally bore the
major responsibility for raising children.
The law provides for equal pay for equal work; however, women
generally held low-level positions in state-run industries and in the
private sector, or worked in the informal sector. The Government, in an
interministerial effort spearheaded by MINFAMU, undertook multiple
information campaigns on women's rights and domestic abuse and hosted
national, provincial, and municipal workshops and trainings during the
year.
Children.--The Government was committed to the protection of
children's rights and welfare, but lacked the human and logistical
resources required to provide necessary programs. The National
Institute for Children (INAC) had primary responsibility for
coordinating government action concerning children's affairs.
Activists reported that many urban and rural children remained
undocumented. The Government did not permit undocumented children
access to the educational system, and fees for birth certificates and
identification cards remained prohibitive for impoverished families.
Although the official registration drive ended in 2004, the Government
continued to partner with UNICEF to identify and assist undocumented
children, and provided limited subsidies to cover fees for families
with proven financial need. The Government implemented a previous plan
to provide birth certificates in health clinics and maternity wards
during the year.
Education is free and compulsory for documented children until the
sixth grade, but students often had significant additional expenses.
The Government began distributing free schoolbooks during the year but
the books had not reached schools nationwide by year's end due to a
shortage of supply. The Ministry of Education had insufficient
resources and during the war most of the educational infrastructure was
damaged. There were not enough schools or teachers to provide universal
primary education. The Ministry of Education estimated an 85-90 percent
primary enrollment rate during the year. An estimated 30 percent of
eligible children were enrolled at the secondary level; rural areas
generally lacked access to secondary education, and seats were often
limited even in provincial capitals. There were also reports of
families paying bribes to education officials to ensure their child had
a seat. According to the UN Educational, Social, and Cultural
Organization, enrollment rates favored boys over girls, especially at
the secondary level.
The Government provided free medical care for children with
identity documents at pediatric hospitals and health posts throughout
the country; however, in many areas, health care was limited or
nonexistent. Where medical care was available, boys and girls had equal
access.
Child abuse was widespread. Reports of physical abuse within the
family were commonplace and largely tolerated by local officials. In
July 2007 the Government created the National Children's Council, an
interministerial commission designed to define priorities and
coordinate the Government's policies to combat all forms of violence
against children, including unlawful child labor, trafficking, and
sexual exploitation. In August 2007 INAC inaugurated a Child Protection
Network for Luanda Province.
The legal age for marriage, with parental consent, is 15. The
Government did not enforce this effectively, and the traditional age of
marriage in lower income groups coincided with the onset of puberty.
Common-law marriage was widespread.
During the year abuse of children accused of witchcraft continued
to be a problem. In October the Government shut down three Luandan
churches when neighbors reported abuse of children accused of
witchcraft. Children accused of witchcraft were subject to abuses such
as isolation from their families, denial of food and water, or
ritualistic cuttings and the placing of various caustic oils or peppers
on their eyes or ears. Persons sometimes killed children during
``exorcism'' rituals.
In December 2007 a teacher in Uige Province kidnapped and beat two
children he suspected of witchcraft; one died from his injuries while
the other one recovered. Authorities imprisoned and sentenced the
teacher to eight years' hard labor.
In 2006 INAC, MINARS, and UNICEF held a workshop and released a
report that noted most cases of abuse related to traditional beliefs
occurred in Luanda, Uige, and Zaire provinces. Vulnerable children,
such as orphans or those without access to health care or education,
were more likely to be victims of practices involving witchcraft.
Government and religious leaders called for an end to these practices,
but the influence of these traditional beliefs remained strong.
Child prostitution is illegal; however, local NGOs expressed
concern over child prostitution in the country, especially in Luanda
and Cunene provinces.
Sexual relations with a child under 12 is considered rape. Sexual
relations with a child between the ages of 12 and 15 may be considered
sexual abuse, with convicted offenders liable for sentences of up to
eight years in prison; however, limited investigative resources and an
inadequate judicial system prevented prosecution of most cases. There
were no known prosecutions during the year.
Investigators found children working in the streets of Luanda but
many returned to some form of dwelling during the evening. Most of
these children shined shoes, washed cars, carried water, or engaged in
other informal labor, but some resorted to petty crime, begging, and
prostitution.
Trafficking in Persons.--The constitution and law prohibit slavery;
however, there are no specific laws against trafficking in persons.
Persons were trafficked from and within the country.
The country is a source for a small but significant number of women
and children trafficked for the purposes of forced labor and sexual
exploitation. Women and girls were trafficked within the country for
domestic servitude and commercial sexual exploitation, while young men
were trafficked internally for agricultural or unskilled labor. Reports
indicate that South Africa, the DRC, Namibia, and Portugal are the
primary destinations for citizens who were trafficked internationally.
Officials reported an increase in trafficking due to more open border
posts. Small numbers of young men were trafficked through Zambia into
bonded agricultural work in Namibia. Congolese children were trafficked
to the country during the year. Economically vulnerable children and
adults were most vulnerable to trafficking.
Methods used by traffickers to obtain and transport victims were
unknown. The small number of traffickers working in the country was not
thought to function as a tightly organized unit; rather, they worked
more through a series of informal or loosely associated contacts.
Authorities used laws criminalizing forced or bonded labor,
prostitution, pornography, rape, kidnapping, and illegal entry to
prosecute trafficking cases. The minimum sentence for rape is eight
years' imprisonment, and sentences for related offenses carry a maximum
of life imprisonment.
In 2007 immigration officials and the INAC in Zaire Province found
15 children trafficked from Luanda to the DRC; police arrested two
suspected traffickers. However, in other cases, police were unable to
identify the traffickers. While the Government began investigating one
trafficking case in 2007, case records were destroyed with the April
collapse of the Department of Criminal Investigation's building. There
were no known trafficking-related prosecutions during the year.
Immigration services and INAC played significant roles in
antitrafficking efforts, including training to strengthen provincial
and municipal child protection networks. Immigration officials operated
border control checkpoints that verified travel documents for children
but lacked the resources to control all border areas effectively. No
single ministry has direct responsibility for combating trafficking.
Police and border control officers received antitrafficking training
during the year, and representatives of several ministries participated
in quarterly antitrafficking roundtables run by IOM.
The Government operated facilities throughout the country for
abandoned and abducted children; however, in many cases the facilities
were underfunded, understaffed, and overcrowded. A Catholic-affiliated
center in Namacumbe, near the Namibian border, assisted victims of
trafficking to find and reintegrate with their families.
The Government provided basic assistance to trafficking victims on
an ad hoc basis. Local social welfare agencies provided basic
necessities. This type of program did not exist outside of Luanda, nor
did the Government operate shelters specifically for trafficking
victims.
The Government attempted to monitor its borders but lacked
resources to do so effectively. To prevent child trafficking, the
Immigration Service operated checkpoints at the international airport,
border posts, and selected internal locations, such as the trafficking
hotspot of Santa Clara in Cunene Province, which screened minors for
proper travel documentation. INAC's six mobile provincial teams also
conducted spot checks of suspected child trafficking routes by stopping
vehicles transporting children to check for identity cards, proof of
relationship to the children, and parental permission for the child's
travel.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or other state services, but the Government did not
effectively enforce these prohibitions. Persons with disabilities
included more than 80,000 landmine victims. Persons with albinism were
commonly discriminated against, although church groups worked to
eliminate the abuse. The NGO Handicap International estimated that
persons with disabilities constituted 10 percent of the population.
There is no legislation mandating accessibility for persons with
disabilities to public or private facilities, and it was difficult for
such persons to find employment or participate in the education system.
The MINARS had an office to address problems facing persons with
disabilities, including veterans with disabilities, and several
government entities supported programs to assist individuals disabled
by landmine incidents. During the September 5-6 election, the
Government provided voting assistance to persons with disabilities.
Indigenous People.--An estimated 3,500 San people lived in small,
dispersed communities in Huila, Cunene, and Kuando Kubango provinces.
The San are traditional hunter-gatherers who are linguistically and
ethnically distinct from their Bantu fellow citizens. Their very
limited participation in political life has increased, and Ocadec, a
local NGO advocate for the San people, worked with provincial
governments to increase services to San communities and to improve
communication between these communities and the Government.
Other Societal Abuses and Discrimination.--Discrimination against
homosexuals occurred. The law criminalizes sodomy.
Discrimination against those with HIV/AIDS is illegal, but lack of
enforcement allowed employers to discriminate against persons with the
disease. There were no reports of violence against persons with HIV/
AIDS. The Government's National Institute for HIV/AIDS conducted HIV/
AIDS awareness and prevention campaigns. Local NGOs worked to combat
stigmatization and discrimination against persons living with HIV/AIDS.
The FAA conducted educational programs to discourage discrimination
against HIV-positive military personnel and prevent the spread of the
disease.
Section 6. Worker Rights
a. The Right of Association.--The constitution and law provide for
the right of workers to form and join unions, and workers exercised
this right in practice; however, government approval is required.
Domestic workers and casual laborers are excluded from the labor act.
Labor unions independent of the Government-run unions worked to
increase their influence, but the ruling MPLA still dominated the labor
movement due to historical connections between the party and labor.
The law prohibits antiunion discrimination and stipulates that
worker complaints be adjudicated in regular civil courts. Under the
law, employers are required to reinstate workers who have been
dismissed for union activities; however, the judicial system did not
enforce these provisions.
Strict bureaucratic procedures must be followed for a strike to be
considered legal, and the Government can deny the right to strike or
obligate workers to return to work. Some workers exercised the right to
strike during the year. However, in 2007 the Government declared some
strikes, including those by teachers in Luanda and nurses in Benguela,
illegal. Teachers in Luanda were ordered back to work and threatened
with termination if they did not comply.
b. The Right to Organize and Bargain Collectively.--The
constitution and law provide for the right of unions to conduct their
activities without interference, but the Government did not always
protect this right. The law provides for collective bargaining.
There are no legal restrictions on collective bargaining, but
bargaining is restricted in practice. The Government is the country's
largest employer, and wages are centrally mandated by the Ministry of
Public Administration, Employment, and Social Security.
The constitution grants the right to engage in union activities,
but the Government may intervene in labor disputes that affect national
security, particularly strikes in the oil sector. The law prohibits
lockouts and worker occupation of places of employment and provides
protection for nonstriking workers. It prohibits strikes by armed
forces personnel, police, prison workers, and fire fighters. The
Ministry of Labor has a hot line for workers who feel their rights are
violated. The law does not effectively prohibit employer retribution
against strikers, and it permits the Government to force workers back
to work for ``breaches of worker discipline'' and participation in
unauthorized strikes.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, but there were
reports by international NGOs that such practices occurred. The
Ministry of Justice has effective enforcement mechanisms for the formal
economic sector; however, most labor law violations occurred outside
the formal economy and were not subject to legal sanctions.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor in the formal sector was restricted under the law; however,
child labor, especially in the informal sector, remained a problem. The
legal minimum age for apprenticeship is 14 years, and 18 for full
employment. Children between the ages of 14 and 18 may not work at
night, in dangerous conditions, or in occupations requiring great
physical effort, and children younger than 16 are prohibited from doing
factory work; however, these provisions rarely were enforced. In 2007
in Kwanza Sul Province, independent newspaper journalists found
children as young as 10-years-old working full-time on a plantation;
they did not attend school and stated that they were often paid with
food. When the nonresident plantation owner, a general, was confronted,
he blamed the plantation's local manager and local traditional leaders
(sobas), who should have reported the violation to government
authorities. The local manager was fired and no charges were filed
against the general or local manager.
Most work done by children was in the informal sector. Street
children were also common in the provinces of Benguela, Huambo, and
Kwanza Sul. Children engaged in wage-earning activities such as
agricultural labor on family farms and commercial plantations, charcoal
production, domestic labor and street vending. Exploitive labor
practices included forced prostitution, involvement in the sale or
transport of illegal drugs, and the offloading and transport of goods
in ports and across border posts. Children reportedly were used as
couriers in the cross-border trade between Namibia and the country.
The Inspector General of the Ministry of Public Administration,
Employment, and Social Security (MAPESS) is ultimately responsible for
enforcing all labor laws; however, the Ministry of Family and the
Promotion of Women also plays a significant role in investigating
complaints of child labor.
The Children's Affairs Court, under the Ministry of Justice, has
jurisdiction over general child protection in Luanda. During the year
five provincial courts became operational. Child labor cases continued
to be adjudicated by the provincial criminal courts for minors aged 16
to 18 or the Ministry of Family and Women's Affairs's Family Courts for
children under age 16. Child labor violations are punishable by fines.
In practice neither the Labor Code nor the judicial system was
capable of ensuring labor rights. Mechanisms were in place to
investigate and prosecute, but the court system was overextended and
resources for family or children affairs courts were limited. The
Government lacked the capacity to oversee the much larger informal
sector. There was no formal procedure for inspections and
investigations of child labor abuses outside of the family law system,
although private persons can file accusations of violations of child
labor laws.
The Government, through the National Children's Assistance
Institute, worked to create, train, and strengthen child protection
networks at the provincial and municipal level in all 18 provinces. The
network reported cases in which they successfully identified and
removed children from exploitative work situations, but no mechanism
existed to track cases or provide statistics. The Government also
dedicated resources to the expansion of educational opportunities for
children.
e. Acceptable Conditions of Work.--During the year MAPESS raised
the minimum wage in the formal sector to approximately 8,600 kwanzas
($130) per month, which did not provide a decent standard of living for
a worker and family. As a result, most wage earners held second jobs or
depended on the agricultural or other informal sectors to augment their
incomes. However, the majority of citizens derived their income from
the informal sector or subsistence agriculture, and therefore fell
outside of government protection of working conditions.
The standard workweek is 40 hours with at least one unbroken period
of 24 hours of rest per week. There is a limit on work of 54 hours per
week. Required premium pay for overtime is time and a half for up to 30
hours of overtime, and time and three quarters from 30 to 40 hours. In
the formal sector, there is a prohibition on excessive compulsory
overtime, defined as more than two hours a day, 40 hours a month, or
200 hours a year. These standards were not enforced effectively unless
employees requested it.
The Government has set occupational health and safety standards;
however, the Ministry of Labor's Office of the Inspector General did
not enforce these standards effectively. Workers have the right to
remove themselves from situations that endangered health or safety
without jeopardy to their employment, but the right was not exercised
in practice.
__________
BENIN
Benin is a constitutional democracy with a population of 7.9
million. In 2006 President Boni Yayi was elected to a five-year term in
multiparty elections. In March 2007 legislative elections, President
Yayi's Cowry Force for an Emerging Benin (FCBE) won 35 of 83 seats in
the National Assembly and formed a majority with a group of 13 National
Assembly members from minor political parties. This coalition proved
unstable and at year's end the National Assembly was at a standstill,
with the opposition majority group blocking all outstanding bills.
International observers viewed both the presidential and legislative
elections as generally free and fair. However, municipal and local
elections held on April 20 and May 1 were marred by numerous
irregularities, protests, and credible allegations of fraud. Civilian
authorities generally maintained effective control of the security
forces.
The Government generally respected the human rights of its
citizens. However, there were problems in some areas. A blunder by
security forces resulted in one death and injuries. There were reports
that police occasionally used excessive force. Vigilante violence
resulted in deaths and injuries. Harsh prison conditions and arbitrary
arrest and detention with prolonged pretrial detention continued.
Impunity and corruption were problems. Women were victims of violence
and societal discrimination, and female genital mutilation (FGM) was
commonly practiced. Trafficking and abuse of children, including
infanticide and child labor, occurred.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
on February 13, security forces killed a man and seriously injured
three other persons in Wawata-Zounto, a village in the south, while
intervening in a brawl between two local groups over a land access
issue. A group of people was attempting to open a road across a plot of
land without the landowner's permission. A brawl broke out when the
landlord, accompanied by supporters, tried to prevent the trespassers
from opening the road. The gendarmes who responded to restore order
then were threatened with machetes and sticks; they fired on the crowd,
killing one local resident and seriously injuring three. No action was
taken against the gendarmes.
The police generally ignored vigilante attacks, and incidents of
mob violence continued to occur, in part due to the perceived failure
of local courts to adequately punish criminals. Such cases generally
involved mobs killing or severely injuring suspected criminals,
particularly thieves caught stealing. For example, on June 23,
residents of a Cotonou suburb caught a young man stealing a can of gas.
They beat him and stabbed him to death. The police came to the crime
scene to file a report, but made no concerted effort to investigate or
arrest those involved in the killing.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
the Government did not always respect these prohibitions. Beatings in
custody were reportedly commonplace.
There was no further information regarding the February 2007
incident when presidential guards shot and injured two persons for
failing to obey instructions when President Yayi's motorcade passed. At
the time, the guards were reportedly arrested.
The Government continued to make payments to victims of torture
under the former military regime.
Mob violence resulted in deaths and injuries. For example, on
November 25, a motorbike-taxi driver alerted the residents of a Cotonou
neighborhood that four individuals were allegedly trying to steal his
motorbike. A crowd armed with clubs and machetes pursued the four
individuals, caught two of them, and beat them. Both died from the
injuries they sustained. No investigation was carried out by the police
and there were no arrests.
Prison and Detention Center Conditions.--Prison conditions
continued to be extremely harsh. Overcrowding and lack of proper
sanitation and medical facilities posed risks to prisoners' health.
According to a 2006 survey, the eight civil prisons were filled far
beyond their capacity.
Prison diet was inadequate, and malnutrition and disease were
common. Family members were expected to provide food for inmates to
supplement prison rations. There were deaths in prison due to
malnutrition, disease, and neglect, although statistics were not
available.
Juveniles at times were housed with adults. Pretrial detainees were
held with convicted prisoners, although not with the most violent
convicts or those convicted of crimes subject to the death penalty.
The Government permitted prison visits by human rights monitors.
Nongovernmental organizations (NGOs) and religious groups continued to
visit prisons. Organizations that visited prisons during the year
included the International Committee of the Red Cross, Amnesty
International, the local chapter of Prison Brotherhood, CARITAS, and
Prisoners without Borders.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, at times the
authorities did not respect these prohibitions.
Role of the Police and Security Apparatus.--The police, under the
Ministry of Interior, have primary responsibility for enforcing law and
maintaining order in urban areas; the gendarmerie, under the Ministry
of Defense, performs the same function in rural areas. The police were
inadequately equipped, poorly trained, and ineffective in conducting
investigations related to gender-based crimes and in their failure to
prevent or respond to mob violence. The Government continued to address
these problems by recruiting more officers, building more stations, and
modernizing equipment during the year; however, serious problems
remained, including widespread corruption and impunity. Police
continued to extort money from travelers at roadblocks.
Arrest and Detention.--The constitution requires arrest warrants
based on sufficient evidence and issued by a duly authorized official
and requires a hearing before a magistrate within 48 hours; under
exceptional circumstances the magistrate may authorize continued
detention not to exceed eight days. Detainees have the right to prompt
judicial determination and the right to prompt lawyer access after
being brought before a judge; they are also allowed to receive family
visits. After examining a detainee, the judge has 24 hours to decide
whether to continue to detain or release the individual. Defendants
awaiting judicial decisions may request release on bail; however, the
attorney general must agree to the request. Warrants authorizing
pretrial detention were effective for six months and could be renewed
every six months until the suspect was brought to trial. The Government
provided counsel to indigents in criminal cases.
There were credible reports that the gendarmes and the police
exceeded the legal limit of 48 hours of detention in many cases,
sometimes by as much as a week. Authorities often used the practice of
holding a person indefinitely ``at the disposition of'' the public
prosecutor's office before presenting the case to a magistrate.
Approximately 75 percent of persons in prison were pretrial detainees.
Inadequate facilities, poorly trained staff, and overcrowded dockets
delayed the administration of justice.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, but the Government did not always respect
this provision. The judiciary remained inefficient in some respects and
it was commonly believed-and acknowledged by some judicial personnel-
that the judicial system at all levels was susceptible to corruption.
Nevertheless, there were no reports that judicial employees were
sanctioned or arrested on corruption charges during the year.
The president appoints career magistrates as judges in civil
courts. The president is assisted in this responsibility by the High
Judicial Council that serves also as a disciplinary committee for
magistrates and considers pardon cases that the president submits. The
constitution gives the Ministry of Justice administrative authority
over judges, including the power to transfer them.
Civilian courts operate on national and provincial levels. There
are two courts of appeals. The Supreme Court is the court of last
resort in all administrative and judicial matters. The Constitutional
Court determines the constitutionality of laws, adjudicates disputes
between the president and the National Assembly, and rules on disputes
regarding presidential and legislative elections. It also has
jurisdiction in human rights cases. There is also a High Court of
Justice to try the president and ministers for crimes related to their
official responsibilities.
In October 2007 the Constitutional Court ruled that the First
Instance Court of Ouidah violated provisions of the African Charter on
Human and People's Rights and the Beninese Constitution when it delayed
the transmission of a citizen's appeal to Cotonou's Court of Appeals.
Military disciplinary councils deal with minor offenses by members
of the military services; they have no jurisdiction over civilians.
Trial Procedures.--The constitution provides for the right to a
fair trial; however, judicial inefficiency and corruption impeded
exercise of this right.
The legal system is based on French civil law and local customary
law. A defendant is presumed innocent. Jury trials are used in criminal
cases. A defendant has the right to be present at trial and to
representation by an attorney, at public expense if necessary; the
court provides indigent defendants with counsel upon request. A
defendant has the right to confront witnesses and to have access to
government held evidence. Defendants are allowed to present witnesses
and evidence on their own behalf. Defendants can appeal criminal
convictions to the court of appeals and the Supreme Court, after which
they may appeal to the president for a pardon. Trials were open to the
public, but in exceptional circumstances the president of the court may
decide to restrict access to preserve public order or to protect the
parties. The Government extends the above rights to all citizens
without discrimination.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. If administrative or informal
remedies are unsuccessful, any citizen may file a complaint concerning
an alleged human rights violation with the constitutional court.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions. The law requires
police to obtain a judicial warrant before entering a private home, and
they generally observed this requirement.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government did not
always respect these rights. There were reports that security forces
intimidated and brutalized journalists. The Government occasionally
inhibited freedom of the press. The law criminalizes libel, and
numerous journalists faced pending libel charges. The law prohibits
private citizens and the press from declaring or predicting election
results. Journalists practiced self-censorship.
On August 13 a parliamentary correspondent complained to the
Beninese Union of Media's Workers (UPMB) that the head of the military
detachment stationed at the National Assembly threatened him with
death, allegedly because he published articles criticizing a government
policy. There was no further action on this matter.
A September report published by the NGO Human Rights, Peace and
Development stated that the Government awarded ``communication
contracts'' to private media for propaganda purposes, adversely
influencing the exercise of freedom of the press.
In December 2007, gendarmes brutalized and arrested a private
television station's technician who was on a reporting mission in the
southeast of the country. The technician was later released without
charge, and no charges were filed against the gendarmes. The
constitution provides for prison sentences involving compulsory labor
for certain actions related to the right of free expression; penalties
are for threats to public order or calls to violence, but the law is
vaguely worded and susceptible to abuse. There were no reports that the
law was invoked during the year.
The independent media were active and expressed a wide variety of
views without restriction. Publications criticized the Government
freely and frequently, but their effect on public opinion was limited
due to restricted circulation and widespread illiteracy. A
nongovernmental media ethics commission (ODEM) continued to censure
some journalists during the year for unethical conduct, such as
reporting falsehoods or inaccuracies or releasing information that was
under embargo.
The Government continued to own and operate the most influential
media organizations by controlling broadcast range and infrastructure.
The majority of citizens lived in rural areas, were illiterate, and
generally received their news via radio. The Governmental Office of
Radio and Television (ORTB) broadcast in French and local languages.
Fifteen rural community radio stations received support from the ORTB,
and broadcast several hours a day exclusively in local languages. Radio
France International and the BBC broadcast in Cotonou. One government-
owned and several private television stations also operated.
The 2007 National Report on Press Freedom said that judges were
often lax in prosecuting libel cases. At the end of 2007, 150 libel
cases were still pending before the first instance court of Cotonou,
and a report from the judiciary indicated that the court continued to
receive libel cases against journalists during the year; however, as in
2007, judges generally refrained from prosecuting them. In February
2007, the court sentenced three journalists and an executive of a
private media group to six-month prison sentences without parole and
imposed heavy damages and fines for publishing a story alleging that
the sacking of a former minister was linked to his mismanagement of a
public housing project. The journalists and the executive filed an
appeal and were not jailed pending resolution of their appeal; the
appeal was reportedly settled amicably during the year.
The Government penalized journalists who published items counter to
government guidelines. On January 21 the general director of the
official National Printing and Press Corporation (ONIP) relieved a
journalist of his duties at the editorial offices of the Government-
owned newspaper La Nation and transferred him to ONIP's communication
department because he allegedly published articles counter to the
Government's guidelines.
The High Authority of Audiovisual and Communication (HAAC) oversaw
media operations and required broadcasters to submit weekly lists of
planned programs and publishers to submit copies of all publications;
however, the media did not comply with these requirements in practice.
The HAAC claimed that the information was used for administrative
purposes; however, some journalists complained that it was a form of
harassment.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Internet access was widely available in cities, primarily in
Internet cafes, but for many the cost of using the Internet was
prohibitive. Due to a lack of infrastructure, Internet access was not
available in most rural areas.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the Government generally respected these rights. The Government
requires permits for use of public places for demonstrations and
generally granted such permits; however, the authorities sometimes
cited ``public order'' to deny requests for permits from opposition
groups, civil society organizations, and labor unions.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right. The Government requires associations to register and routinely
granted registration.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right.
Persons who wish to form a religious group must register with the
Ministry of the Interior. There were no reports that any group was
refused registration or subjected to unusual delays or obstacles in the
registration process.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination against members of religious groups.
There was no known Jewish community, and no reports of anti Semitic
acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights;
however, the presence of police, gendarmes, and illegal roadblocks
impeded domestic movement. Although ostensibly meant to enforce vehicle
safety and customs regulations, many checkpoints served as a means for
police and gendarmes to exact bribes from travelers. The Government
maintained previously implemented measures to combat such corruption at
roadblocks, but they were not always effective, and extortion commonly
occurred.
The Government maintained documentary requirements for minors
traveling abroad as part of its continuing campaign against trafficking
in persons.
The Government's policy toward the seasonal movement of livestock
allowed migratory Fulani (Peul) herdsmen from other countries to enter
and depart freely; the Government did not enforce designated entry
points. Disputes sometimes arose between herdsmen and local landowners
over grazing rights.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government cooperated with the Office
of the UN High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in assisting refugees and asylum seekers. The Government
did not provide temporary protection during the year. If individuals do
not qualify as refugees under the 1951 convention or the 1967 protocol,
authorities direct them to the Immigration Office to apply for a
residence permit.
The Government continued to permit Togolese refugees residing in
local communities and refugee camps to participate in most economic
activities and to enroll their children in local schools. In April
2007, UNHCR and the Governments of Benin and Togo signed a tripartite
agreement to organize the voluntary repatriation of Togolese refugees.
As a result, during 2007 a total of 2,064 Togolese refugees returned to
Togo, 941 of them through the UNHCR's voluntary repatriation program.
During the year, approximately 350 Togolese refugees returned to Togo
through the UNHCR voluntary repatriation program.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right through
periodic, free, and generally fair elections held on the basis of
universal suffrage.
Elections and Political Participation.--In 2006 President Boni Yayi
was elected to a five year term in multiparty elections. In March 2007
legislative elections, President Yayi's FCBE won 35 of 83 seats in the
National Assembly. A group of 13 National Assembly deputies from minor
political parties (the G-13) joined the FCBE to form a majority of 48
seats in the National Assembly. During the year, the G-13 dissolved the
coalition amidst political tension and the FCBE was left with its
initial 35 seats. The G-13 sided with opposition parties and formed a
blocking majority, which remained the situation at year's end.
International observers viewed both the presidential and
legislative elections as generally free and fair. However, fraud
allegations and irregularities marred the April 20 and May 1 local and
municipal elections. Voters filed hundreds of appeals with the Supreme
Court, which annulled results in a number of communes and ordered new
elections and recounting of votes in constituencies where results were
disputed.
Individuals and parties could freely declare their candidacy and
stand for election. There were no government restrictions on political
opposition. No single party or group has recently dominated politics.
There were eight women in the National Assembly and 4 female
ministers in the 30 member cabinet. Two of seven justices on the
Constitutional Court were women. The president of the High Court of
Justice also was a woman.
The country has no majority ethnic group. Diverse ethnic groups
were well represented in government agencies, civil service, and the
armed forces. In the National Assembly, 11 members were from the Goun,
Nago, and Yoruba ethnic groups, 24 from the Bariba, Somba, and Dendi
ethnic groups, and 34 from the Fon, Goun, Adja, and other smaller
groups. Nine cabinet ministers were from the Bariba, Somba, and Dendi
ethnic groups, 15 were from the Fon, Goun, and Adja ethnic groups, and
three were from the Yoruba and Nago ethnic group.
Government Corruption and Transparency.--Official corruption
remained widespread. President Yayi continued his 2006 anticorruption
initiative. He invited Tymon Ratlholo, the head of the Botswana
Directorate on Corruption and Economic Crime, to conduct sensitization
and experience sharing sessions on corruption for officials,
businessmen and students in November and December.
No formal action was taken by year's end on the 2007 finding by the
State Audit Office (IGE) that approximately 300 civil servants may have
embezzled 23 billion CFA francs (approximately $46 million). The IGE
had turned its findings over to the Ministry of Justice for further
investigation and possible action.
In June 2007 the NGO Front of National Anticorruption Organizations
accused two deputies of the National Assembly, who formerly had been
executive directors of the Benin Electric Energy Corporation, of
mismanagement and embezzlement of public funds. President Yayi asked
the National Assembly to lift the immunity of the two deputies so they
could be questioned by the IGE; however, their immunity was not lifted
by year's end.
One of the three former government ministers accused in 2006 of
embezzling one billion CFA francs (approximately $2 million), Alain
Adihou, remained in pretrial detention at year's end. Of the other two,
Cosme Sehlin was released on bail in 2006 and Valentin Houde was
exonerated.
A June 6 Supreme Court ruling ordered the provisional release
without bail of Sefou Fagbohoun, a businessman and political leader
arrested for alleged mismanagement and embezzlement from the parastatal
SONACOP in 2006. He was released on July 3, and joined the National
Assembly as a deputy on July 7.
The Watchdog to Combat Corruption, a governmental anticorruption
agency, launched a nationwide effort to publicize the National
Strategic Plan to Combat Corruption and conducted a survey to gauge the
magnitude of petty corruption and bribery in the public administration.
During the year, the Watchdog provided awareness and training sessions
for ministry officials on issues of transparency in public contracts
and impunity in the public administration. The Watchdog also trained
judicial personnel on the UN Convention Against Corruption and the
African Union Convention on Preventing and Combating corruption.
There are no laws providing for public access to government
information, and it was unclear whether requests for such access were
granted.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
often were cooperative and responsive to their views. The Government
met with domestic NGO monitors through the Advisory National Human
Rights Council.
Local human rights NGOs included the League for the Protection of
Human Rights in Benin, the National Christian Youth Association for
Awareness and Development, Association for the Support of Development
and Peace, Solidarity for Behavioral Change, Benin Prison Fellowship,
Children's Rights Social Organizations' Network, and others. Local NGOs
were independent. Some local NGOs have formed networks for more
efficient implementation of their programs and to pool resources.
The Government cooperated with international organizations. During
the year, representatives of the CPT and of the UN Committee on the
Elimination of Discrimination Against Women visited the country.
Following its visit, the CPT made wide-ranging recommendations. On
November 19, the World Committee Against Torture and the International
Federation of Action by Christians for the Abolition of Torture, in
conjunction with the Ministry of Justice, Legislation and Human Rights
and local NGOs, held a follow-up seminar to consider the
recommendations made by the CPT and to map out strategies for the
implementation of these recommendations by the Government.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, gender,
disability, language, and social status; however, societal
discrimination against women continued. Persons with disabilities were
disadvantaged.
Women.--The law prohibits rape, but enforcement was weak due to
police ineffectiveness, victims' unwillingness to refer cases to the
police for fear of social stigma, and corruption. The penal code does
not make a distinction between rape in general and spousal rape.
Sentences for rape convictions ranged from one to five years'
imprisonment. No reliable data was available to estimate the extent of
the problem.
Domestic violence against women was common. The penal code
prohibits domestic violence, and penalties ranged from six to 36
months' imprisonment. However, NGO observers believed that women
remained reluctant to report cases. Judges and police were reluctant to
intervene in domestic disputes; society generally considered such cases
to be internal family matters. The local chapter of a regional NGO,
Women in Law and Development Benin and the Female Jurists Association
of Benin, offered social, legal, medical, and psychological assistance
to victims of domestic violence. The Office of Women's Promotion under
the jurisdiction of the Ministry of Family and Solidarity is
responsible for protecting and advancing women's rights and welfare.
Female genital mutilation (FGM) was practiced on girls and women
from infancy up to 30 years of age, and generally took the form of
excision. Approximately 17 percent of women have undergone FGM; the
figure was higher in some regions, including Atacora (45 percent) and
Borgou (57 percent), and among certain ethnic groups; more than 70
percent of Bariba, Yoa-Lokpa, and Peul (Fulani) women have undergone
FGM. Younger women were less likely to be excised than their older
counterparts. Those who performed the procedure, usually older women,
profited from it. The law prohibits FGM and provides for penalties for
performing the procedure, including prison sentences of up to 10 years
and fines of up to six million CFA francs (approximately $12,000);
however, the Government generally was unsuccessful in preventing the
practice. Individuals who were aware of an incident of FGM but did not
report it potentially faced fines ranging from 50,000 to 100,000 CFA
francs ($100 to $200). Enforcement was rare, however, due to the code
of silence associated with this crime.
NGOs continued to educate rural communities about the dangers of
FGM and to retrain FGM practitioners in other activities. A prominent
NGO, the local chapter of the Inter African Committee, made progress in
raising public awareness of the dangers of the practice, and the
Government cooperated with these efforts. The Ministry of Family
continued an education campaign that included conferences in schools
and villages, discussions with religious and traditional authorities,
and displaying banners. NGOs also addressed this issue in local
languages on local radio stations.
Prostitution, especially child prostitution, was a problem. There
were credible reports that tourists visiting the Pendjari National Park
in the far northwest of the country used the services of prostitutes,
many of them minors. It was not clear whether these tourists operated
through a local or an international network, or whether they came to
the region primarily for sex tourism.
Under the penal code there are no penalties imposed on prostitutes;
however, those who facilitate prostitution and individuals who profit
financially from prostitution, including traffickers and brothel
owners, face penalties including imprisonment of six months to two
years and fines of 400,000 to four million CFA francs ($800 to $8,000)
depending on the severity of the offense. Individuals involved in child
prostitution, including those who facilitate or solicit it, face
imprisonment of two to five years and fines of one million to ten
million CFA francs ($2,000 to $20,000). Although there are no penalties
in the penal code for prostitutes, the belief that prostitution is
illegal is widespread, and police often raid brothels to arrest
prostitutes to deter the practice; the prostitutes are then released
without being charged with any offense.
Sexual harassment was common, especially of female students by
their male teachers. In 2006 the National Assembly passed a law
prohibiting sexual harassment and offering protection for victims.
Under the law, persons convicted of sexual harassment face sentences of
one to two years in prison and fines ranging from 100,000 to one
million CFA francs ($200 to $2,000). The law also provides penalties
for persons who are aware of sexual harassment and do not report it.
Enforcement of these laws was lax due to law enforcement agents' and
prosecutors' lack of legal knowledge and necessary skills to pursue
such cases, and victims' fear of social stigma. Although this specific
law was not enforced, judges used other provisions in the penal code to
deal with sexual abuses involving minors.
Although the constitution provides for equality for women in the
political, economic, and social spheres, women experienced extensive
discrimination, especially in rural areas where they traditionally
occupied a subordinate role and were responsible for much of the hard
labor on subsistence farms. In urban areas women dominated the informal
trading sector in the open air markets. During the year, the Government
and NGOs continued to educate the public on the 2004 family code, which
provides women with inheritance and property rights and significantly
increases their rights in marriage, including prohibitions on forced
marriage, child marriage, and polygamy. In practice women experienced
discrimination in obtaining employment, credit, and equal pay, and in
owning or managing businesses. During the year, the Government granted
micro credits to the poor, especially to women in rural areas to help
them develop income-generating activities. An estimated 450,000 people
benefited from this micro credits project.
Children.--The Government has stated publicly its commitment to
children's rights and welfare, but it lacked the resources to carry out
that commitment. The Ministry of Family is responsible for the
protection of children's rights, primarily in the areas of education
and health. The National Commission for Children's Rights and the
Ministry of Family have oversight roles in the promotion of human
rights issues with regard to child welfare.
Particularly in rural areas, parents often did not declare the
birth of their children, either out of ignorance or because they could
not afford the fees for birth certificates. A 2001 survey indicated
that a quarter of children under 18 were not registered at birth. This
could result in denial of public services such as education and health
care. Several donors have taken action to increase the number of
registered children. Over the last two years, the NGO PLAN
International has supported the free registration of children who need
to take the primary school leaving exam. (Without a birth certificate
children may attend primary school but cannot take the exam.) UNICEF
and the NGO CRS/World Education have supported the Government's
campaign to register every birth.
Primary education was compulsory for all children between four and
a half years and nine years of age. It became tuition free for all
children starting with the 2007-08 school year; however, in some parts
of the country, girls received no formal education. Parents often
voluntarily paid tuition for their children because many schools had
insufficient funds. The Government offered books to pupils at reduced
prices. According to the UN Children's Fund (UNICEF), primary school
enrollment was approximately 90 percent for boys and 60 percent for
girls; only 26 percent of boys and 12 percent of girls were enrolled in
secondary school. Girls did not have the same educational opportunities
as boys, and male literacy-estimated to be approximately 50 percent-was
at least twice as great as female literacy.
FGM was commonly practiced on girls; See Section 5, Women, above.
The family code prohibits marriage under 14 years of age; however,
the practice continued in rural areas. Underage (14 to 17 years of age)
marriage was permitted with parental consent. There also was a
tradition in which a groom abducts and rapes his prospective child
bride. The practice was widespread in rural areas, despite government
and NGO efforts to end it through information sessions on the rights of
women and children. Local NGOs reported that the ongoing practice was
concealed by the community.
Despite widespread NGO campaigns, the traditional practices of
killing deformed babies, breech babies, babies whose mothers died in
childbirth, and one of two newborn twins (because they were considered
sorcerers) continued in some rural areas, and perpetrators acted with
impunity.
Through the traditional practice of ``vidomegon,'' poor, generally
rural, families placed a child in the home of a wealthier family. The
child received living accommodations, while the child's parents and the
urban family that raised the child split the income generated by the
child's activities; however, the child often faced forced labor, long
hours, inadequate food, and sexual exploitation. Vidomegon was
traditionally intended to provide better educational opportunities and
a higher standard of living for children of poor families; however,
this practice has made children more vulnerable to labor exploitation
and to trafficking. Up to 95 percent of the children in vidomegon were
young girls.
Criminal courts meted out stiff sentences to criminals convicted of
crimes against children, but many such crimes never reached the courts
due to lack of education or of access to the courts or fear of police
involvement.
Child prostitution was a problem. Some children, including street
children, engaged in prostitution to support themselves.
Child labor, although illegal, remained a problem.
There were many street children, most of whom did not attend school
and lacked access to basic education and health services.
Trafficking in Persons.--The law prohibits trafficking in children,
but no law prohibits trafficking in adults. However, the Government has
used laws that prohibit human smuggling and the labor code to prosecute
traffickers.
The country was a source, transit point, and destination for
trafficked persons, primarily children trafficked for forced labor and
sexual exploitation. The majority of trafficking occurred internally
within the extended family or community; however, organized criminal
networks were also active. Children were trafficked to Ghana, Nigeria,
Gabon, Cote d'Ivoire, Republic of Congo, Guinea-Bissau, and the Central
African Republic for indentured or domestic servitude, farm labor,
labor in stone quarries, and prostitution. In addition, children were
taken across the border to Togo and Cote d'Ivoire to work on
plantations. Children from Niger, Togo, and Burkina Faso were
trafficked to the country for indentured or domestic servitude.
Trafficked children generally came from poor rural areas and were
deceitfully promised educational opportunities or other incentives.
There were no reports of trafficking of adults.
The penal code prohibits child prostitution; however, enforcement
was limited, and the commercial sexual exploitation of children was a
problem. Child prostitution often involved girls whose poor families
urged them to become prostitutes to provide income. Other children were
lured to exchange sex for money by older men, often traffickers, who
acted as their ``protectors.'' Some children were abused sexually by
teachers who sought sex in exchange for better grades. NGOs and
international organizations organized assistance to child prostitution
victims and worked on prevention programs.
Penalties for traffickers involved in ``labor exploitation'' ranged
from fines to prison terms, forced labor, or the death penalty,
depending on the severity of the crime and the length of time over
which the exploitation occurred; however, enforcement was lax. No
statistics were available on the number of cases.
The 2006 law against child trafficking provides for increased
penalties for the trafficking of minors, including imprisonment from
six months to life, depending on the severity of the crime, and fines
from 50,000 to five million CFA francs ($100 to $10,000). Individuals
who are aware of child trafficking offenses and do not report them can
be fined 10,000 to 50,000 CFA francs (approximately $20 to $100).
During the year the Government continued its efforts to arrest and
prosecute traffickers. In January and February, the Minor Protection
Brigade (BPM), under the Ministry of Interior and Public Security,
arrested six child traffickers. On August 7, in the commune of Materi,
security forces arrested a trafficker who attempted to cross the Benin-
Burkina Faso border with three children destined for labor exploitation
in Burkina Faso.
During the year, in cooperation with the concerned countries, the
brigade rescued 222 trafficking victims en route to and from the
following countries: Nigeria, Gabon, Cote d'Ivoire, Cameroon, Mali, and
the Republic of Congo. It brought a total of 58 individuals involved in
child trafficking to the Court of Cotonou. Victims spent a few days at
the BPM's shelter before they were sent, in conjunction with the
Ministry of Family and Solidarity, to other shelters for further social
investigation towards their reintegration.
In 2006, together with 23 other West and Central African countries,
the Government signed an agreement to adopt an action plan to combat
trafficking. Regional efforts also continued between heads of state of
concerned countries to identify, investigate, and prosecute agents and
traffickers, and to protect and repatriate trafficking victims. On
November 18, the Government of Cameroon in conjunction with the
Government of Benin arranged the return of 21 Beninese who were rescued
from a shipwreck off the Cameroonian coast. Among those were nine
trafficked children whom the BPM sent to shelters for reintegration.
Since 1999 UNICEF and other donors have supported the Ministry of
Family to establish, equip, and train more than 1,300 local committees
to combat child trafficking through community surveillance and
monitoring. During the year, activity focused on child trafficking in
northern Benin. The BPM sought to prevent crimes against children and
investigated cases of child trafficking and other crimes committed
against children. It arrested traffickers, rescued victims, and worked
towards their social reintegration. The Government worked with NGOs to
combat child trafficking, using media campaigns and greater border
surveillance; however, police complained that they lacked equipment to
adequately monitor trafficking. Resource constraints, prevailing
cultural attitudes, and a lack of interagency coordination prevented
the Government from meeting minimum standards for the elimination of
trafficking.
During the year, the Ministry of Family, international NGOs, and
the donor community assisted numerous children who had been trafficked
to other countries to work in mines, quarries, and on farms. Efforts
included the provision of food, shelter, and medical treatment. The
Ministry of Family also cooperated with partners to operate centers in
urban areas to provide education and vocational training to victims of
child trafficking. During the year government efforts to reunite
trafficked children with their families continued.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--Discrimination against persons with
physical and mental disabilities is not prohibited by law; however, the
law provides that the Government should care for persons with
disabilities. There were no legal requirements for the construction or
alteration of buildings to permit access for persons with disabilities.
The Government operated few institutions to assist persons with
disabilities, and many such individuals were forced to beg to support
themselves.
The labor code includes provisions to protect the rights of workers
with disabilities, which were enforced with limited effectiveness
during the year. The Office of Labor under the Ministry of Labor and
Civil Service is responsible for protecting the rights of persons with
disabilities.
Other Societal Abuses and Discrimination.--There were no reports of
overt societal discrimination or violence based on a person's sexual
orientation.
There were no reports of overt discrimination or violence based on
HIV/AIDS status. Since 2006 it has been illegal to discriminate against
a person, at any stage of hiring or employment, based on his or her HIV
status.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form and
join independent unions of their choice without previous authorization
or excessive requirements, and the Government generally respected these
rights. Workers have the right to strike, and they exercised it during
the year. Unions must register with the Ministry of Interior, a three-
month process, or risk a fine.
The labor force of approximately 3.2 million was engaged primarily
in subsistence agriculture, with only a small percentage working in the
formal wage sector. Although an estimated 75 percent of government
workers belonged to labor unions, a much smaller percentage of workers
in the private sector were union members.
Workers must provide three days notice before striking; however,
authorities can declare strikes illegal for reasons such as threatening
social peace and order, and can requisition striking workers to
maintain minimum services. The Government may not prohibit any strike
on the grounds that it threatens the economy or the national interest.
Laws prohibit employer retaliation against strikers, except that a
company may withhold part of a worker's pay following a strike. The
Government enforced these laws effectively.
The Merchant Marine Code grants seafarers the right to organize,
but not the right to strike.
b. The Right to Organize and Bargain Collectively.--The labor code
allows unions to conduct their activities without interference, and the
Government generally protected this right. The labor code provides for
collective bargaining, and workers freely exercised this right. The
Government sets wages in the public sector by law and regulation.
The labor code prohibits antiunion discrimination. Employers may
not take union membership or activity into account in hiring, work
distribution, professional or vocational training, or dismissal;
however, the Government did not always enforce these provisions, and
there were reports that employers threatened individuals with dismissal
for union activity.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The labor code
prohibits forced or compulsory labor, including by children; however,
such practices occurred in the agricultural, fishing, commercial, and
construction sectors, and trafficking in persons was a problem.
The law provides for imprisonment with compulsory labor, and during
the year judges sentenced convicts to forced labor for various crimes.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code prohibits the employment or apprenticeship of children under
14 years of age in any enterprise; however, child labor remained a
problem due in part to limited government enforcement of the law. To
help support their families, children of both sexes-including those as
young as seven- continued to work on family farms, in small businesses,
on construction sites in urban areas, in public markets as street
vendors, and as domestic servants under the practice of vidomegon. A
majority of children working as apprentices was under the legal age for
apprenticeship of 14. For example, in Tchatchegou, a small village in
the north, children worked with adults in a granite quarry located
within view of the main north-south highway.
Forced child labor and prostitution by street children were
problems. Children under 14 work in either the formal or informal
sectors in the following activities: agriculture, hunting and fishing,
industry, construction and public works, trade/vending and food/
beverage, transportation, and communication and other services,
including employment as household staff.
Some parents indentured their children to ``agents'' recruiting
farm hands or domestic workers, often on the understanding that the
children's wages would be sent to the parents. In some cases these
agents took the children to neighboring countries for labor. Many rural
parents sent their children to cities to live with relatives or family
friends to perform domestic chores in return for receiving an
education. Host families did not always honor their part of the
bargain, and abuse of child domestic servants was a problem.
The labor office under the Ministry of Labor and Civil Service
enforced the labor code ineffectively and only in the formal sector due
to the lack of inspectors. The Government took steps to educate parents
on the labor code and to prevent compulsory labor by children,
including through media campaigns, regional workshops, and public
pronouncements on child labor problems. The Government also worked with
a network of NGOs and journalists to educate the population about child
labor and child trafficking.
e. Acceptable Conditions of Work.--The Government set minimum wage
scales for a number of occupations. The minimum wage was 30,000 CFA
francs (approximately $60) per month; however, the minimum wage did not
provide a decent standard of living for a worker and family. Many
workers had to supplement their wages by subsistence farming or
informal sector trade. Most workers in the wage sector earned more than
the minimum wage; many domestics and other laborers in the informal
sector earned less. The Office of Labor enforced the minimum wage;
however, its efforts were impeded by the small number of labor
inspectors. Significant parts of the work force and foreign workers
were not covered by minimum wage scales.
The labor code establishes a workweek of between 40 and 46 hours,
depending on the type of work, and provides for at least one 24 hour
rest period per week. Domestic and agricultural workers frequently
worked 70 hours or more per week, above the maximum provided for under
the labor code of 12 hours per day or 60 hours per week. The labor code
also mandates premium pay for overtime and prohibits excessive
compulsory overtime. The authorities generally enforced legal limits on
workweeks in the formal sector.
The code establishes health and safety standards, but the Ministry
of Labor and Public Service did not enforce them effectively. The law
does not provide workers with the right to remove themselves from
dangerous work situations without jeopardy to continued employment. The
ministry has the authority to require employers to remedy dangerous
work conditions but did not effectively do so.
__________
BOTSWANA
Botswana, with a population of 1.84 million, has been a multiparty
democracy since independence in 1966. Its constitution provides for
indirect election of a president and popular election of a National
Assembly. On April 1, President Festus Mogae, who was elected during
elections generally deemed to be free and fair in 2004, resigned from
office and handed over power to Vice President Ian Khama. The Botswana
Democratic Party (BDP) has held a majority of National Assembly seats
since independence. Civilian authorities generally maintained effective
control of the security forces.
The Government generally respected the human rights of its
citizens; however, some problems remained, including abuse of detainees
by security forces, poor prison conditions, lengthy delays in the
judicial process, restrictions on press freedom, violence against
women, and child abuse. Societal discrimination against women, persons
with disabilities, homosexuals, persons with HIV/AIDS, persons with
albinism, and members of the San ethnic group was a problem. The
Government restricted the right to strike, and child labor occurred.
The Government's continued narrow interpretation of a 2006 high court
ruling resulted in the majority of San originally relocated from the
Central Kalahari Game Reserve (CKGR) being prohibited from returning to
or hunting in the CKGR.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings. Five
persons were killed during apprehension by police in three separate
incidents during the year. The Director of Public Prosecution launched
investigations into the deaths; no charges had been made by year's end.
There were no further developments in the June 2007 killing by
police of a man in Ramotswa or the 2006 killing of a man in Gaborone.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that security forces occasionally beat and abused
suspects to obtain evidence or elicit confessions. During the year the
Botswana Police Service (BPS) investigated three abuse complaints. For
example, in October the Directorate of Intelligence and Security
Services (DISS) allegedly tortured, by beating and suffocation during
an extended interrogation, four men, including two police officers and
two soldiers, after a weapon in their possession went missing. An
investigation was ongoing at year's end.
There were no developments in the March 2007 case in which two men
facing robbery and murder charges stated that threats and beatings were
used to obtain their confessions.
In October a magistrate ruled in the trial of five soldiers and two
police special constables accused of forcing several Zimbabwean
detainees to perform sex acts on each other in 2005. The five Botswana
Defense Force (BDF) members were convicted of indecent assault, and
they awaited sentencing at year's end. The two special constables were
acquitted of the charge.
Prison and Detention Center Conditions.--Prison conditions remained
poor due to overcrowding. In September the prison system held
approximately 6,300 prisoners, which exceeded the authorized capacity
of 4,900. Overcrowding, which was worse in men's prisons, constituted a
serious health threat due to the high incidence of HIV/AIDS and
tuberculosis. Rape of inmates by inmates occurred.
Voluntary and free HIV testing, peer counseling, and antiretroviral
(ARV) drug treatment were available to prisoners. As of September 2007,
314 prisoners were receiving ARV treatment, and two HIV-positive
pregnant prisoners were participating in a ``prevention of mother-to-
child transmission'' program. The Government did not provide ARV
treatment to noncitizens in detention, but those in long-term detention
could receive such treatment for free from a local nongovernmental
organization (NGO). Some children, typically under age six and
occasionally older, were held with their mothers. The prison
commissioner had the authority to release terminally ill prisoners in
the last 12 months of their sentences and to allow citizen prisoners
with sentences of 12 months or less to complete their sentences outside
the prison by completing an ``extramural'' work release program at
government facilities. Eligible prisoners must have served short-term
sentences with at least half of their sentence complete and must not
have been previously incarcerated. Prisoners convicted of serious and
violent felonies were ineligible. By September, in order to ease
overcrowding, 1,031 prisoners had been released to complete their
sentences in the program.
Mistreatment of prisoners is illegal. The Department of Prisons did
not provide information on the number of complaints received regarding
mistreated inmates or deaths in custody.
Juveniles occasionally were held with adults. Some parents
requested that their incarcerated children be transferred to facilities
nearer to home, which also resulted in the detention of juveniles with
adults. Pretrial detainees and convicts were held together.
Committees appointed by the minister of labor and home affairs
visited each prison twice in 2007. Committee reports were not made
public. In previous years the Government permitted the International
Committee of the Red Cross (ICRC) to visit prison facilities; however,
there were no prisoners with whom the ICRC sought access during the
year. Representatives of the Office of the UN High Commissioner for
Refugees (UNHCR) were able to regularly visit the Center for Illegal
Immigrants during the year, as well as 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 BPS, under the
Ministry for Presidential Affairs and Public Administration, has
primary responsibility for internal security. In March the cabinet
disbanded the Local Police Service and merged it with the BPS;
previously customary or local police, under the Ministry of Local
Government, had law enforcement responsibility in specified tribal
areas. The army is responsible for external security and has some
domestic security responsibilities.
Police officials acknowledged that corruption was a problem in the
lower ranks; some officers took advantage of illegal immigrants and
traffic violators. From January 1 through September, there were 31
police officers arrested for criminal offenses, 19 of whom were brought
before the criminal courts.
The trial of two special constables arrested in 2006 for
collaborating with civilian burglars concluded when both constables
were found guilty and dismissed from the BPS.
Civilian authorities maintained effective control over the security
forces, and the Government had effective mechanisms to investigate and
punish abuse and corruption, including investigation by police and
referral into the criminal court system.
During the year 21 BPS officers received human rights training at
the International Law Enforcement Academy located in the country.
Arrest and Detention.--Police officers must produce an arrest
warrant issued by a duly authorized magistrate upon the presentation of
compelling evidence, except in certain cases, such as when an officer
witnesses a crime being committed or discovers that a suspect is in
possession of a controlled substance. In April the Government
established the DISS, a new intelligence agency with the power to enter
premises and make arrests without warrants if the agency suspects a
person has committed or is about to commit a crime. Elements of civil
society criticized the DISS, claiming that it lacked provisions for
independent oversight and posed a potential threat to civil liberties.
Suspects must be informed of their rights upon arrest, including
the right to remain silent, and must be charged before a magistrate
within 48 hours. Authorities generally respected these rights in
practice; however, there were some allegations in the media and by
defense attorneys that the right to an attorney was often denied during
the first 48 hours after arrest, prior to the suspect being brought
before a magistrate. A magistrate may order a suspect held for 14 days
through a writ of detention, which may be renewed every 14 days. There
is a functioning bail system, and detention without bail is unusual
except in murder cases, where it is mandatory. Detainees have the right
to contact a family member and to hire attorneys of their choice;
however, in practice most could not afford legal counsel. The
Government provides counsel for the indigent only in capital cases,
although attorneys are required to accept pro bono clients.
During the year police arrested numerous San for illegally hunting
in the CKGR (See Section 5).
Pretrial detainees waited from several weeks to several months
between the filing of charges and the start of their trials. Pretrial
detention in murder cases sometimes lasted beyond one year. Such delays
were largely due to judicial staffing shortages.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice. The civil courts remained unable to
provide timely trials due to severe staffing shortages and a backlog of
pending cases. A 2005 report by the Office of the Ombudsman
characterized the ``delays in the finalization of criminal matters in
all courts'' as a ``serious concern,'' particularly the delays in
processing appeals.
The civil court system includes magistrates' courts, an industrial
court, a court of appeal, and the High Court. A customary or
traditional court system also exists.
Trial Procedures.--Trials in the civil courts are public, although
trials under the National Security Act may be held in secret. There is
no jury system. Defendants have the right to be present and consult
with an attorney in a timely manner, but the state provides an attorney
only in capital cases. Those charged with noncapital crimes are tried
without legal representation if they cannot afford an attorney. As a
result many defendants were not informed of their rights in pretrial or
trial proceedings. Defendants can question witnesses against them and
have access to government-held evidence relevant to their cases.
Defendants can present witnesses and evidence on their own behalf.
There is a presumption of innocence, and defendants have the right to
appeal. Several organizations such as The Botswana Center for Human
Rights (DITSHWANELO); Botswana Law Society; and The Botswana Network on
Ethics, Law, and HIV/AIDS provided free legal services but had limited
capacity. The University of Botswana Legal Assistance Center provided
free legal services for some civil, but not criminal, matters.
Customary courts often did not afford due process. Defendants do
not have legal counsel, and there are no standardized rules of
evidence. Defendants can confront, question, and present witnesses in
customary court proceedings. Tribal judges, appointed by the tribal
leader or elected by the community, determine sentences, which may be
appealed through the civil court system. Many judges were poorly
trained and ill-equipped to make legal decisions. The quality of
decisions reached in the customary courts varied considerably and often
lacked a presumption of innocence. In some cases tribal judges may
issue sentences that include corporal punishment such as lashings on
the buttocks.
There is a separate military court system; military courts do not
try civilians.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--In the formal judicial
system, there is an independent and impartial judiciary in civil
matters, which includes a separate industrial court for most labor-
related cases. Administrative remedies were not widely available.
Most civil cases were tried in customary courts. These courts
handled land, marital, and property disputes, and often did not afford
due process.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
However, the Government's continued narrow interpretation of a 2006
High Court ruling resulted in the majority of San being prohibited from
living or hunting in the CKGR. In 2002 the Government forcibly
resettled the remaining indigenous San and other minority members
living in the CKGR who had not voluntarily left to resettlement sites
outside the perimeter of the reserve. Government officials maintained
that the resettlement program was voluntary and necessary to facilitate
the delivery of public services, to provide socioeconomic development
opportunities to the San, and to minimize human impact on wildlife (See
Section 5).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected freedom of speech in practice; however, the Government at
times attempted to limit freedom of the press and continued to dominate
domestic broadcasting.
Individuals could generally criticize the Government publicly or
privately without reprisal.
The Government occasionally censored stories that it deemed
undesirable, and government journalists sometimes practiced self-
censorship. President Khama's inaugural speech on April 1 referred to
the need for ``discipline'' in the media. Some independent groups
interpreted the statement to indicate a range of warnings, from not
sensationalizing stories to not being overly critical of the Government
and its policies.
In December parliament passed the Media Practioners' Act,
establishing a new Media Council to register and accredit journalists,
promote ethical standards amongst the media, and receive public
complaints. Some NGOs, including the Media Institute for Southern
Africa, the independent media, and opposition members criticized the
law, stating that it restricted press freedom and was passed without
debate after consultations between the Government and stakeholders
collapsed.
The Government owned and operated the Botswana Press Agency, which
dominated the media through its free, nationally distributed Daily News
newspaper, and through two FM radio stations. State-owned media
generally featured uncritical reporting on the Government and were
susceptible to political interference. Opposition political parties
claimed that state media coverage heavily favored the ruling party.
The independent media were active and generally expressed a wide
variety of views; however, they were sometimes subject to government
pressure to portray the Government and the country in a positive light.
It was sometimes more difficult for private media organizations to
obtain access to government-held information. In July 2007 the minister
of communications, science, and technology stated that the licenses of
journalists who did not report correctly would be withdrawn. Reporters
claimed that this statement was meant as a threat. According to media
companies, government-owned enterprises reduced their advertising in
reaction to reporting critical of those enterprises. At year's end no
licenses had been withdrawn.
Radio continued to be the most broadly accessible medium.
Government-owned Radio Botswana and Radio Botswana 2 covered most of
the country. Privately owned Yarona FM, Gabz FM, and Duma FM expanded
their broadcasts from Gaborone to cover most of the major towns. They
produced news and current affairs programs without government
interference.
In 2007 the NGO First People of the Kalahari (FPK) reported that
the Government would allow the FPK to have two-way radios in the CKGR
provided licensing requirements were followed. However, as of November
the FPK had not completed the licensing requirements due to inability
to afford the annual 1,500 pula (approximately $200) licensing fee.
State-owned Botswana Television was the primary source of televised
news and current affairs programs. The privately owned Gaborone
Broadcasting Corporation broadcast mostly foreign programs.
International television channels were available through cable
subscription and satellite.
In March 2007 the Government required 17 foreigners, including
seven journalists who had written articles critical of the Government,
to apply for visas prior to entry even though they were from countries
generally exempt from this requirement. The requirements continued
during the year.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chatrooms. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail. Internet
access was typically limited to urban areas.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
Societal Abuses and Discrimination.--Government policy and practice
contributed to the generally free practice of religion. There was no
known Jewish community in the country and no reports of anti-Semitic
acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The Government restricted the ability of indigenous San who had
been relocated from the CKGR to designated settlement camps in 2002 to
return to the reserve. Only the 189 San named in a 2006 high court
case, their spouses, and their minor children were permitted to live in
the CKGR. A few San had never left the reserve, and some San moved back
to the CKGR after the High Court's decision. Many of the 189 did not
return to live in the CKGR, as lack of water made the CKGR an extremely
inhospitable living environment, and some who initially returned left
again. The Government was not required to provide water in the CKGR per
the 2006 ruling (See Sections 1.f. and 5). Visitors to the reserve,
including relocated former residents not named in the 2006 case, must
obtain a permit to enter the CKGR.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The Government granted refugee status or asylum. The
Government's system for granting refugee status was accessible but
slow. In practice the Government provided protection against the
expulsion or return of persons to countries where their lives or
freedom would be threatened. The Government also provided temporary
protection to individuals who may not qualify as refugees under the
1951 convention or the 1967 protocol. As of November an estimated 200
persons were waiting for a decision as to whether they qualified as
refugees. During the year 1,305 persons were granted refugee status.
The Government cooperated with the UNHCR and other humanitarian
organizations in assisting refugees and asylum seekers.
The Government held newly arrived refugees and asylum seekers,
primarily from Zimbabwe, in the Center for Illegal Immigrants in
Francistown until the Refugee Advisory Committee (RAC), a governmental
body whose chairperson is the district commissioner of Francistown,
made a status recommendation; the UNHCR was present at RAC meetings in
the status of observer and technical advisor. Once persons were granted
refugee status, the Government transferred them to the Dukwe Refugee
Camp until their resettlement or voluntary repatriation. Refugee
applicants who were unsuccessful in obtaining asylum were nonetheless
allowed to remain at Dukwe if they wished, while the Government
referred their cases to the UNHCR for possible resettlement. Refugees
in Dukwe were provided access to education and health care. They were
also permitted to leave Dukwe to work outside the camp. The UNHCR
criticized the detention of asylum seekers at the Center for Illegal
Immigrants on the grounds that asylum seekers should not be held in
detention facilities, although asylum seekers were housed separately
from illegal immigrants. Conditions at the center were generally
adequate, but children in the center did not have sufficient access to
education for the duration of their detention, which in a few cases
lasted many months.
In December 2007 the Government transferred 16 Namibian nationals
who were alleged Caprivi secession leaders from a detention center to
the Dukwe Refugee Camp, where they were granted refugee status. These
individuals faced criminal charges in Namibia and thus did not wish to
be repatriated. In 2002 the High Court ruled out extradition for the 16
Namibians as it deemed an extradition request for the individuals from
the Government of Namibia to be of a political nature.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--On April 1, President
Festus Mogae resigned and former Vice President Ian Khama assumed
office. President Mogae had been elected during the most recent general
election in 2004, which was generally deemed free and fair. However,
the incumbent BDP received preferential access to state-owned
television during much of the campaign. During the 2004 general
election, the BDP won 44 of 57 competitive National Assembly seats, the
Botswana National Front won 12, and the Botswana Congress Party won
one. The BDP has won a majority of seats in the National Assembly in
every election since independence.
In March BDP officials had access to a presidential helicopter for
campaign activities during parliamentary by-elections in Kgalagdi North
and Palapye constituencies. Opposition parties criticized this use of
state equipment by the ruling party as inappropriate. The BDP won both
by-elections. The two constituencies were more than 620 miles apart,
and the presidential helicopter allowed President Khama, who was then
the vice president, to campaign in both locations the day before the
elections.
The House of Chiefs acts as an advisory upper chamber to the
National Assembly on any legislation affecting tribal organization and
property, customary law, and the administration of customary courts. It
consists of eight paramount chiefs, five chiefs chosen by the
president, and 22 elected chiefs from designated regions. The paramount
chiefs are members of the House of Chiefs for life, while the chosen
and elected chiefs serve five-year terms. The first election based on
amendments made to the constitution in 2006 to expand the House of
Chiefs was held in December 2006.
Political parties operated without restriction or outside
interference.
There were seven women in the 61-seat National Assembly, four women
in the 24-member cabinet, three female justices on the 13-seat High
Court, and four women in the expanded 35 seat House of Chiefs.
The law recognizes only the eight principal ethnic groups of the
Tswana nation; however, amendments to the constitution now allow
minority tribes to be represented in the expanded House of Chiefs.
There were 23 members of minority tribes in the assembly, 10 in the
cabinet, and five on the High Court.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively.
During the year the Directorate on Corruption and Economic Crime
initiated investigations into 28 suspicious transactions and
investigated 40 money laundering cases; one court case was ongoing at
year's end. Through September police initiated 16 investigations of
alleged corruption involving police officers. Twelve cases completed
the court process; eight accused officers were convicted and dismissed
from the police department. Four cases were pending at year's end.
There are no financial disclosure laws for public officials.
The law does not provide public access to government information,
and the Government generally restricted such access.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. However, beginning in
2007 the Government placed visa requirements on certain foreign NGO
workers, a practice which continued during the year. Government
officials were generally cooperative and responsive to NGO views on
most subjects but were far less open to the involvement of some
international NGOs on the issue of the CKGR relocations.
The Government worked cooperatively with international
organizations, including the ICRC and UN, during the year.
Independent local human rights groups included DITSHWANELO;
Childline, a child welfare NGO; Emang Basadi, a women's rights group;
and the Botswana Network on Ethics, Law, and HIV/AIDS. The Government
interacted with and provided financial support to some of these
organizations.
An independent, autonomous ombudsman handled complaints of
administrative wrongdoing in the public sector, and the Government
generally cooperated with the ombudsman. The office suffered from a
shortage of staff, and public awareness of the office and its services
was low.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit governmental discrimination on
the basis of ethnicity, race, nationality, creed, sex, or social
status, and the Government generally respected these provisions in
practice. So long as an applicant is able to perform the duties of the
position, he or she may not be discriminated against due to disability
or language. However, the law does not prohibit discrimination by
private persons or entities, and there was societal discrimination
against women; persons with disabilities; minority ethnic groups,
particularly the San; persons with HIV/AIDS; persons with albinism; and
homosexuals.
Women.--The law prohibits rape but does not recognize the concept
of spousal rape. The number of reported rape cases increased during the
year to 1,360; however, it was unclear whether this was a result of
increased reporting due to NGO efforts to improve awareness of the
crime or an actual increase in the number of rapes committed. By law
the minimum sentence for rape is 10 years in prison, increasing to 15
years with corporal punishment if the offender is HIV-positive, and 20
years' imprisonment with corporal punishment if the offender was aware
of having HIV-positive status. Corporal punishment was used more often
in the customary courts and typically consisted of strokes to the
buttocks with a stick. A person convicted of rape is required to
undergo an HIV test before being sentenced. However, police lacked
basic investigative techniques in rape cases. Spousal rape is not
recognized as a crime.
The law does not specifically prohibit domestic violence against
women, and it remained a serious problem. The police did not keep
statistics for the specific category of domestic violence, as it is not
considered a crime under the penal code. Customary law allows husbands
to treat their wives in the same manner as minor children. Under
customary law husbands may use corporal punishment to discipline their
wives, which was common in rural areas. Greater public awareness
resulted in increased reporting of domestic violence and sexual
assault.
Prostitution is illegal but was widespread. Enforcement was
sporadic and complicated by vague laws that made it easier to charge
violators with offenses such as unruly conduct or loitering than for
prostitution. Most police enforcement took the form of periodic sweeps
of areas used for solicitation.
The law prohibits sexual harassment in both the private and the
public sectors. Sexual harassment committed by a public officer is
considered misconduct and punishable by termination with or without
forfeiture of all retirement benefits, suspension with loss of pay and
benefits for up to three months, reduction in rank or pay, deferment or
stoppage of a pay raise, or a reprimand. However, sexual harassment
continued to be a problem, particularly by men in positions of
authority, including teachers, supervisors, and older male relatives.
Women legally have the same civil rights as men, but in practice
societal discrimination persisted. A number of traditional laws
enforced by tribal structures and customary courts restricted women's
property rights and economic opportunities, particularly in rural
areas. Marriages can occur under one of three systems, each with its
own implications for women's property rights. A woman married under
traditional law or in ``common property'' is held to be a legal minor
and required to have her husband's consent to buy or sell property,
apply for credit, and enter into legally binding contracts. Under an
intermediate system referred to as ``in community of property,''
married women are permitted to own real estate in their own names, and
the law stipulates that neither spouse can dispose of joint property
without the written consent of the other. Women increasingly exercised
the right to marriage ``out of common property,'' in which case they
retained their full legal rights as adults. Polygyny is legal under
traditional law with the consent of the first wife, but it was not
common.
Skilled urban women had increasing access to entry- and mid-level
white collar jobs. According to a 2007 Grant Thornton International
Business Report, 74 percent of businesses employed women in senior
management positions, and women occupied 31 percent of such positions.
Women occupied many senior-level positions in government agencies, such
as governor of the Bank of Botswana, attorney general, minister of
communication, minister of health, and director of public prosecution;
however, a 2007 UN report found that women's political participation
was not equal to that of men. In March the BDF began to allow women to
serve in the military. In November 22 of 30 female officer candidates
who were sent by the BDF for training in Tanzania in 2007 graduated
from the course. Eight of the officers were unable to finish, mostly
due to illness or injury, but were expected to complete their military
training in Botswana and graduate.
The Women's Affairs Department in the Ministry of Labor and Home
Affairs has responsibility for promoting and protecting women's rights
and welfare. The department provided grants to NGOs working on women's
issues. During the year a local NGO reported that women were
increasingly able to access credit markets and be paid as much as their
male counterparts for similar work.
Children.--The law provides for the rights and welfare of children,
and the Government respected these rights in practice. The Government
continued to allocate the largest portion of its budget to the Ministry
of Education. The Ministry of Local Government distributed books, food,
and materials for primary education. The country also has a court
system and social service apparatus designed solely for juveniles.
Education was not compulsory. The Government reintroduced school
fees in 2006. The fees could be waived for children whose family income
fell below a certain amount. The Government also provided uniforms,
books, and other fees for students whose parents were destitute.
Students in remote areas received two free meals a day at school.
According to 2004 government statistics, approximately 88 percent of
children attended school, and an estimated 30 percent of children
completed secondary school. Girls and boys attended school at similar
rates. School attendance and completion rates were highest in urban
areas, where transportation was readily available, and lowest in rural
areas, where children often lived far from schools and often assisted
their families as cattle tenders, domestic laborers, and child care
providers.
Boys and girls younger than 15 received free and equal access to
government healthcare centers.
In 2005 the UN Children's Fund estimated that there were 150,000
orphans in the country, of whom approximately 120,000 had lost one or
both parents due to HIV/AIDS. As of October the Government had
registered 49,852 children as orphans. Once registered, the children
received clothes, shelter, a monthly food basket worth between 216 pula
(approximately $29)and 350 pula ($44) depending upon location, and
counseling as needed. Some relatives continued to deny inheritance
rights to orphans.
No law specifically prohibits child abuse. Sex with a child younger
than 16 is known as defilement and is prohibited and punishable by a
minimum of 10 years of incarceration. By September 322 defilement cases
were reported to the police. There were defilement investigations and
convictions during the year. Sexual abuse of students by teachers was a
problem, and there were frequent media reports of rape, sexual assault,
incest, and defilement. Deaths from HIV/AIDS orphaned an increasing
number of children. These children were sometimes sexually abused by
the extended family members with whom they lived. The law considers
incest a punishable act only if it occurs between blood relatives.
Child marriage occurred infrequently and was largely limited to
certain ethnic groups. Marriages that occur when either party is under
the legal age are not recognized by the Government.
Child prostitution and pornography are criminal offenses. Media and
NGO reports indicated that prostituted children had been made available
to truck drivers along the main road linking the country with South
Africa and that many of the girls and boys were thought to be orphans.
There were reports of child labor. Of the children employed,
approximately half were below the legal working age of 14. Two-thirds
of employed children were working in rural villages, and more than 60
percent worked in the agricultural sector, mostly on a subsistence
level on family cattle posts or farms.
Trafficking in Persons.--The law does not prohibit trafficking in
persons, although penal code provisions cover related offenses such as
abduction and kidnapping, slave trafficking, and procuring women and
girls for the purpose of prostitution. One suspected trafficking case
was prosecuted during the year on false documentation charges, although
anecdotal evidence suggested that additional trafficking cases may have
occurred and gone undetected. There were unconfirmed reports that women
and children from eastern Africa were trafficked through the country to
South Africa. Traffickers charged with kidnapping or abduction could be
sentenced to seven years' imprisonment.
The Government worked with NGOs to assist potential trafficking
victims by hosting workshops on trafficking issues and by making grants
to shelters that provided short- and long-term care for children who
lived on the streets. Individuals in the religious and NGO community
formed a task force to compile anecdotal evidence of human trafficking.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law does not prohibit
discrimination against persons with disabilities in education,
employment, access to health care, or the provision of other state
services. The Government has a national policy that provides for
integrating the needs of persons with disabilities into all aspects of
government policymaking; however, the Government did not mandate access
to public buildings or transportation for persons with disabilities.
There was some discrimination against persons with disabilities, and
employment opportunities remained limited. The Government funded NGOs
that provided rehabilitation services and supported small scale work
projects for workers with disabilities. The Government did not restrict
persons with disabilities from voting or participating in civil
affairs, and some accommodations were made during elections to allow
for persons with disabilities to vote. However, although new government
buildings were being built to ensure access of persons with
disabilities under the supervision of the Ministry of Works, most older
government office buildings remained inaccessible. The Department of
Labor is responsible for ensuring that the rights of persons with
disabilities are protected and investigating claims of discrimination.
Individuals can also bring cases directly to the Industrial Court.
Indigenous People.--The estimated 50,000-60,000 San in the country
represented approximately 3 percent of the country's population. The
San are culturally and linguistically distinct from most of the
population. Under the law discrimination against the San with respect
to employment, housing, health services, and cultural practices is
illegal. However, they remained economically and politically
marginalized and generally did not have access to their traditional
land. The San continued to be isolated, had limited access to
education, lacked adequate political representation, and were not fully
aware of their civil rights. In 2002 the Government forcibly resettled
San who were living in the CKGR to the settlement areas of Kaudwane,
New Xade, and Xere.
While the Government respected the December 2006 high court ruling
on a suit filed by 189 San regarding their forced relocation, it
continued to interpret the ruling to allow only the 189 actual
applicants and their spouses and minor children, rather than all San
affected by the relocations, to return to the CKGR. The court ruled
that the applicants were entitled to return to the CKGR without entry
permits and to be issued permits to hunt in designated wildlife
management areas, which are not located in the CKGR. The court also
ruled that the Government was not obligated to resume providing
services within the CKGR, and the Government did not reopen water wells
in the CKGR during the year. Many of the San and their supporters
continued to object to the Government's narrow interpretation of this
ruling.
During the year the Government made numerous arrests of San for
illegally hunting in the CKGR. Although the law allows for a sentence
of a fine or prison term for those found guilty of illegal hunting,
none of the San arrested during the year were sanctioned.
During the year there were no government programs directly
addressing discrimination against the San. With the exception of the
2006 court ruling, there were no demarcated cultural lands.
A number of NGOs made efforts to promote the rights of the San or
to help provide economic opportunities. However, the programs had
limited impact. In October the NGO Survival International, along with
other independent organizations, criticized the decision by the diamond
company De Beers to restart mining exploration in the CKGR. The NGOs
argued that diamond exploration in the CKGR had a devastating impact on
the life and the environment of the San.
Other Societal Abuses and Discrimination.--The law prohibits
homosexuality, but there were no reports of enforcement action by the
authorities. There were, however, reports of societal discrimination
and harassment of homosexuals.
Discrimination against persons with HIV/AIDS continued to be a
problem, including in the workplace. The Government funded community
organizations that ran programs to reduce the stigma of HIV/AIDS. The
Botswana Network on Ethics, Law, and HIV/AIDS continued to advocate for
an HIV employment law to curb discrimination in the workplace.
While persons with albinism were subject to some social
discrimination, individuals were generally able to exercise their
rights in practice. During the year an industrial court heard a case
brought by a man with albinism who was refused employment based on his
skin color. Although the ruling noted that the complainant had been
mistreated, the court found in favor of the company, based on a
misconception by the company's secretary who blocked the man's
application, that the company did not employ persons with albinism. The
court found that the secretary's supervisor, as custodian of company
policy, should have better informed the secretary about
antidiscrimination policies.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers, except for
police officers, the BDF, and the prison service, to form and join
unions of their choice without excessive requirements, and workers
exercised this right in practice. Most public sector associations have
converted to unions. The industrial or wage economy was small, and
unions were concentrated largely in the public sector, mineral
extraction, and to a lesser extent in the railway and banking sectors.
The law requires that an organization have more than 30 employees in
order to form a trade union.
The law severely restricts the right to strike, and virtually all
strikes are ruled illegal, leaving striking workers at risk of
dismissal. Legal strikes theoretically are possible only after an
exhaustive arbitration process. Sympathy strikes are prohibited.
The 2006 case regarding the copper mine's dismissal of 178 workers
for striking had not been heard by the Industrial Court by year's end.
In February the Industrial Court dismissed a 2005 case in which 461
workers were fired in 2004 after a strike against their employer,
Debswana, the joint government-DeBeers diamond mine venture. The court
found that the case was not tried in a timely fashion. The 461 former
employees appealed the dismissal; the case was pending at year's end.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. The law provides for
collective bargaining for unions that have enrolled 25 percent of an
organization's labor force.
Civil service disputes were referred to an ombudsman for
resolution. Private labor disputes were mediated by labor
commissioners; however, an insufficient number of commissioners
resulted in one- to two-year backlogs in resolving such disputes.
Workers may not be fired for legal union-related activities;
however, unregistered trade unions are not protected against antiunion
discrimination. Dismissals on other grounds may be appealed to civil
courts or labor officers, which rarely ordered more than two months'
severance pay.
The country's export processing zone (EPZ) exists on paper only.
There are no special laws or exemptions from regular labor laws in the
EPZ.
c. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced and compulsory labor, including by children, and
there were no reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age for basic employment at 14 years. Only an
immediate family member may employ a child age 13 or younger, and no
juvenile under age 14 may be employed in any industry without
permission from the commissioner of labor. Children 14 years old who
are not attending school may be employed by family members in light
work that is not considered hazardous or as approved by the labor
commissioner, but for no more than six hours per day or 30 hours per
week. In industrial settings those under age 15 may only work up to
three consecutive hours without the labor commissioner's approval, and
those between ages 15 and 18 may work only up to four consecutive hours
without such approval. Those under 18 may not be employed in work
underground, at night, in work that is harmful to health and
development, or that is dangerous or immoral. The law provides that
adopted children may not be exploited for labor and protects orphans
from exploitation or coercion into prostitution.
According to the 2005-06 labor survey, slightly fewer than 38,000
children between the ages of seven and 17 were employed in the formal
sector in 2006. Approximately half of those employed were younger than
14. More than 60 percent of employed children worked in agriculture, 20
percent in retail trade, and 4 percent in private homes. Children also
worked as domestic laborers, prostitutes, and in informal bars. Outside
of supermarkets they sometimes assisted truck drivers with unloading
goods and carried bags for customers. Many orphans also left school to
work as caregivers for sick relatives. Most employed children worked up
to 28 hours per week.
The Ministry of Labor and Home Affairs was responsible for
enforcing child labor laws and policies, and it was generally
effective, despite limited resources for oversight of remote areas of
the country. District and municipal councils have child welfare
divisions, which are also responsible for enforcing child labor laws.
Other involved government entities included offices with the Ministry
of Education and the Ministry of Local Government. Oversight of child
labor issues was facilitated through the Advisory Committee on Child
Labor, which included representatives of various NGOs, government
agencies, workers' federations, and employers' organizations. There
were no prosecutions, convictions, or fines for illegal child labor
during the year.
The Government supported and worked with partners to conduct
workshops to raise awareness on child labor. The Department of Labor
partnered with the Department of Social Services to advocate against
and raise awareness of exploitative child labor.
e. Acceptable Conditions of Work.--The minimum hourly wage for most
full-time labor in the private sector was 3.80 pula (approximately
$0.50), which did not provide a decent standard of living for a worker
and family. The cabinet determined wage policy based on recommendations
from the National Economic, Manpower, and Incomes Committee, which
consists of representatives of the Government, private sector, and the
Botswana Federation of Trade Unions. The Ministry of Labor and Home
Affairs was responsible for enforcing the minimum wage, and each of the
country's districts had at least one labor inspector.
Formal sector jobs generally paid well above minimum wage levels.
Informal sector employment, particularly in the agricultural and
domestic service sectors, where housing and food were provided,
frequently paid below the minimum wage. In March the Ministry of Labor
and Home Affairs introduced new minimum wages for workers in the
agricultural and domestic sectors; the wages took effect on April 1.
The minimum wage for domestic workers was 2 pula (approximately $0.26)
per hour. Workers in the agricultural sector were required to be paid
408 pula ($52) per month; however, the cost of feeding a worker who
lived on the employer's premises could be deducted from the wage.
The law permits a maximum 4-hour workweek, exclusive of overtime,
which is payable at time-and-a-half. Most modern private sector jobs
had a 4-hour workweek; the public sector, however, had a 4-hour
workweek. The labor law applies to farm and migrant workers. The
Department of Labor had inspectors to oversee and enforce labor
regulations; however, the number was insufficient to allow for
inspection of all relevant workplaces.
The law provides that workers who complain about hazardous
conditions may not be fired, and authorities in the Ministry of Labor
and Home Affairs effectively enforced this right. The Government's
ability to enforce its workplace safety legislation remained limited by
inadequate staffing and unclear jurisdictions among different
ministries. Nevertheless, employers in the formal sector generally
provided for worker safety.
__________
BURKINA FASO
Burkina Faso is a parliamentary republic with a population of 14.25
million. In 2005 President Blaise Compaore was reelected to a third
term with 80 percent of the vote. Observers considered the election to
have been generally free, despite minor irregularities, but not
entirely fair due to the ruling party's control of official resources.
The president, assisted by members of his party, the Congress for
Democracy and Progress (CDP), continued to dominate the Government. The
CDP won a majority in the May 2007 legislative elections, which
observers declared generally free and orderly despite irregularities,
including fraud involving voter identification cards. While civilian
authorities generally maintained effective control of the security
forces, there were instances in which elements of the security forces
acted independently.
The following human rights problems were reported: security force
use of excessive force against civilians, criminal suspects, and
detainees; arbitrary arrest and detention; abuse of prisoners and harsh
prison conditions; official impunity; judicial inefficiency and lack of
independence; occasional restrictions on freedom of the press and
assembly; official corruption; violence and discrimination against
women and children, including female genital mutilation (FGM);
trafficking in persons, including children; discrimination against
persons with disabilities; and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings during the year.
Unlike in the previous year, there were no reports of vigilante
killings. No action was taken in 2007 cases of mob violence.
Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit such practices,
members of the security forces continued to abuse persons with
impunity, and suspects were frequently subjected to beatings, threats,
and occasionally torture, to extract confessions.
Forcible dispersions of protesters engaged in violent
demonstrations resulted in numerous injuries during the year (See
Section 2.b.).
On November 10, the Military Court acquitted eight of the 10
soldiers accused of the June 2007 assault, battery, and destruction of
private property of residents in Banfora, Comoe Province; the soldiers
reportedly retaliated against local youths who had beaten one of their
colleagues in a fight over a girl. The court sentenced one soldier to
six months in jail, issued a suspended eight-month sentence to another
soldier, and acquitted eight soldiers for insufficient evidence.
No action was taken against soldiers who in June 2007 beat
civilians at a dance club in Ouahigouya, Yatenga Province; the soldiers
had accused one of the club patrons of disrespecting a colleague by
stepping on his foot while he was dancing.
No action was taken against security force members who used
military belts and batons to disperse a December 2007 student
demonstration in Koudougou, Boulkiemde Province.
Prison and Detention Center Conditions.--Prison conditions were
harsh and could be life threatening. Prisons were overcrowded, and
medical care and sanitation were poor. Prison diet was inadequate, and
inmates often relied on supplemental food from relatives. Pretrial
detainees usually were held with convicted prisoners.
Deaths from prison conditions or neglect occurred, according to
human rights organizations. On April 13, Francois Zoundi, one of the
February 28 demonstrators protesting the rising cost of living, died in
detention of natural causes, according to medical reports. The
Burkinabe Movement for Human Rights (MBDHP), however, charged that
Zoundi's death was a result of harsh prison conditions. MBDHP noted
that 14-16 prisoners were held in Zoundi's cell, which had a capacity
for four, that the cell was wet and fostered pneumonia, that food was
of poor quality and insufficient, and that there was no medical care.
Prison authorities generally granted permission to visit prisons
and did not require advance permission. There were no reports during
the year of prison visits by international organizations; however,
during the year members of local nongovernmental organizations (NGOs),
foreign embassies, and the press visited prisons.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, the Government did
not consistently observe these prohibitions.
Role of the Police and Security Apparatus.--The national police,
under the Ministry of Security, and the municipal police, under the
Ministry of Territorial Administration, are responsible for public
security. Gendarmes report to the Ministry of Defense and are
responsible for some aspects of public security.
Corruption was widespread, particularly among lower levels of the
police and gendarmerie. The 2006 report by the NGO National Network to
Fight Against Corruption (RENLAC) stated that the police and
gendarmerie were among the most corrupt institutions in the country.
Corruption and official impunity were also serious problems in the
military. The gendarmerie is responsible for investigating police and
gendarme abuse; however, the Government took no known disciplinary
action against those responsible for abuses, and the climate of
impunity created by the Government's failure to do so remained the
largest obstacle to reducing abuses. During the year the Human Rights
Ministry conducted seminars to educate security forces on human rights
standards.
Arrest and Detention.--By law, police have to possess a warrant to
search or arrest, arrests must be made openly, and warrants must be
based on sufficient evidence and signed by a duly authorized official.
However, authorities did not always respect this process. Detainees
were promptly informed of charges against them. The law provides for
the right to expeditious arraignment, bail, access to legal counsel
after a detainee has been charged before a judge, and, if indigent,
access to a lawyer provided by the state after being charged; however,
these rights were seldom respected. The law does not provide for access
to family members, although detainees were generally allowed such
access.
Police arbitrarily arrested numerous demonstrators during the year;
however, unlike in previous years, there were no reports of journalists
being arrested (See Section 2.a.).
The law limits detention without charge for investigative purposes
to a maximum of 72 hours, renewable for a single 48-hour period,
although police rarely observed these restrictions. The average time of
detention without charge (preventive detention) was one week; however,
the law permits judges to impose an unlimited number of six-month
preventive detention periods, and defendants without access to legal
counsel were often detained for weeks or months before appearing before
a magistrate. Government officials estimated that 23 percent of
prisoners nationwide were in pretrial status. In some cases detainees
were held without charge or trial for longer periods than the maximum
sentence they would have received if convicted of the alleged offense.
There was a pretrial release (release on bail) system; however, the
extent of its use was unknown.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judiciary was subject to
executive influence and was corrupt and inefficient. The president has
extensive appointment and other judicial powers. Constitutionally, the
head of state also serves as president of the Superior Council of the
Magistrature, which nominates and removes senior magistrates and
examines the performance of individual magistrates. Other systemic
weaknesses in the justice system included the removability of judges,
corruption of magistrates, outdated legal codes, an insufficient number
of courts, a lack of financial and human resources, and excessive legal
costs.
There are four operational higher courts: the Supreme Court of
Appeal; the Council of State; the Audit Court and Office; and the
Constitutional Council. Beneath these higher courts are two courts of
appeal and 24 provincial courts. There is also a High Court of Justice
with jurisdiction over the president and other senior government
officials. Tribunals in Ouagadougou and Bobo-Dioulasso try juveniles
under 18. The Military Court tries military cases only and provides
rights equivalent to those in civil criminal courts.
Civil society and human rights groups criticized the March trial of
169 demonstrators involved in the February 28 violent protests, citing
lack of transparency and excessive sentences (See Section 2.b.).
Traditional courts in rural areas were abolished in 1984 and no
longer have any legal standing. However, many traditional chiefs were
still highly influential in rural areas and could, for example,
illegally keep women from exercising their rights.
Trial Procedures.--Trials are public but juries are not used.
Defendants are presumed innocent and have the right to consult with and
be represented by an attorney. Defendants have the right to be present
at their trials, to be informed promptly of charges against them, to
provide their own evidence, and to access government-held evidence.
Defendants can challenge and present witnesses and have the right of
appeal. If indigent, they have the right to a lawyer provided by the
state. These rights were seldom respected. In addition, citizen
ignorance of the law and a continuing shortage of magistrates limited
the right to a fair trial.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Citizens, who criticized
the judiciary for being corrupt and inefficient, sometimes preferred to
rely on the ombudsman to settle disputes with the Government. The law
provides for access to a court to bring lawsuits seeking damages for,
or cessation of, a human rights violation, and both administrative and
judicial remedies were available for alleged wrongs; however, there
were problems enforcing court orders when they concerned sensitive
cases.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions. In national
security cases, the law permits surveillance, searches, and monitoring
of telephones and private correspondence without a warrant. By law and
under normal circumstances, homes may be searched only if the justice
minister issues a warrant.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government
partially limited press freedom and intimidated journalists into
practicing self censorship.
In general citizens and the press could criticize the Government
without reprisal. However, journalists were occasionally sued by the
Government or a progovernment political figure under a law that defines
libel in excessively broad terms. Government agents sometimes
infiltrated political meetings and rallies to impede criticism.
No investigation was conducted into the 2007 death threats against
singer and free speech activist Karim Sama, who criticized the Compaore
government and called for justice in the 1998 killing of journalist
Norbert Zongo. There were no reports of similar threats against Sama
during the year.
The official media, including the daily newspaper Sidwaya and the
Government-controlled radio and television stations, displayed a
progovernment bias but allowed significant participation in their
programming by those representing opposition views. There were numerous
independent newspapers and radio and television stations, some of which
were highly critical of the Government. Foreign radio stations
broadcast without government interference.
All media were under the administrative and technical supervision
of the Ministry of Culture, Tourism, Communications, and Spokesman of
the Government. The Superior Council of Communication (SCC), which is
under the Office of the President and has limited independence, also
regulates the media. The ministry is responsible for developing and
implementing government policy and projects concerning information and
communication. The SCC oversees the content of radio and television
programs and of newspapers to ensure that it adheres to professional
ethics and government policy governing information and communication.
The SCC may summon a journalist to attend a hearing about his work,
followed by a warning that a repeat of ``noncompliant behavior'' will
not be tolerated; journalists received such summons during the year.
Hearings may concern alleged libel, disturbing the peace, or violations
of state security.
The definition of libel is excessively broad, and libel suits have
been used by political and business figures to pressure journalists who
produce unflattering press coverage of them or their organizations.
On January 18, L'Independant weekly newspaper was acquitted of
libel against Jean Fidel Tapsoba, a government official in the school
of forestry in Dinderesso, Houet Province; the newspaper had published
allegations that Tapsoba engaged in financial mismanagement and
corruption.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
However, poverty and the high rate of illiteracy limited public access
to the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Although the constitution and law provide for freedom of
assembly, the Government at times restricted this right.
Political parties and labor unions may hold meetings and rallies
without government permission; however, advance notification is
required for demonstrations that might threaten public peace. Penalties
for violation of the advance notification requirement include two to
five years' imprisonment. Denials or imposed modifications of a
proposed march route or schedule may be appealed to the courts.
Police forcibly dispersed several violent demonstrations during the
year over the rising cost of living.
On February 20 and 21, demonstrators in Bobo Dioulasso and
Ouahigouya marched to protest increased taxes and the rising cost of
basic commodities such as gasoline, cooking oil, salt, soap, and bread.
The demonstrators, who had not obtained a permit, looted and burned
several government and privately owned properties in both cities,
including one bank and three gas stations. Demonstrators also destroyed
traffic lights and burned tires on the road. Riot police used batons
and tear gas to disperse demonstrators, resulting in numerous injuries;
153 demonstrators were arrested, of whom 124 had been released by
year's end. The 29 remaining demonstrators were convicted of holding
illegal demonstrations and destroying property and were sentenced to
prison terms ranging from three to 36 months.
On February 28, in Ouagadougou, demonstrators demanding lower
prices for fuel and food attacked government buildings with rocks and
metal bars, set fire to piles of tires, and set up roadblocks. Riot
police used shotguns, batons, and tear gas to disperse demonstrators
and arrested 1840 persons, including Thibaut Nana, the opposition
leader who allegedly organized the event. On March 11, 169 persons
stood trial in Ouagadougou for their involvement in the February 28
demonstrations: 15 received suspended prison terms; 109 were cleared of
all charges and released; and 45 were convicted of holding illegal
demonstrations and destroying property and sentenced to prison terms
ranging from 12 to 36 months. Thibaut Nana received the maximum prison
term of 36 months. Civil society and human rights groups charged that
sentences were excessive and the trials lacked due process. None of the
accused, including Nana, had access to an attorney, and the trials were
held late at night in a room too small to accommodate interested
observers. Critics charged that the verdicts would have been different
if the trials had been more transparent.
On June 17, students at the University of Ouagadougou rioted after
the president of the university refused to meet with them; the students
had demonstrated previously during the year for Hepatitis B and
Meningitis vaccinations for medical interns, larger and better equipped
laboratories, more instructors, and other services. The university
called the police and gendarmerie to maintain security, which led to a
clash between the students and security forces; 34 students and 14
gendarmes were injured. Police and gendarmes used shotguns, belts,
batons, and teargas to disperse the students, resulting in numerous
injuries. Security forces arrested 35 students and charged them with
assault, battery, and destruction of public and private property. On
June 26, after a two-day trial, 31 students were acquitted, and four
were sentenced to six months in jail.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right. Political parties and labor unions could organize without
government permission.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
Religious groups must register with the Ministry of Territorial
Administration, and failure to register may result in a fine. The
Government routinely approved registration applications.
Societal Abuses and Discrimination.--There were no reports of anti-
Semitic acts. There was no known Jewish community in the country.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights. The
Government cooperated with the Office of the UN High Commissioner for
Refugees and other humanitarian organizations in providing protection
and assistance to internally displaced persons, refugees, returning
refugees, asylum seekers, stateless persons, and other persons of
concern.
The law prohibits forced exile, and there were no reports that the
Government used it during the year.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government granted refugee or asylum
status and also provided temporary protection to individuals who may
not qualify as refugees under the 1951 convention or the 1967 protocol;
during the year 1,911 persons received temporary protection.
The Government accepted refugees for resettlement from third
countries and facilitated local integration, including access to
naturalization. During the year the Government assisted the voluntary
return of four refugees, including two Ivoirian nationals, one from the
Central African Republic and one from the Democratic Republic of the
Congo.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully through multiparty elections; however, citizens
were unable to exercise this right fully due to the continued dominance
of the president and his ruling party.
Elections and Political Participation.--In 2005 President Blaise
Compaore won reelection with 80 percent of the vote. Opposition
candidate Benewende Sankara, the runner-up, received 5 percent. Despite
some irregularities, international observers considered the election to
have been generally free but not entirely fair, due to the resource
advantage held by the president.
Individuals and parties can freely declare their candidacies and
stand for election in presidential elections; however, individuals must
be members of a political party to run in legislative or municipal
elections.
In May 2007 legislative elections, the ruling CDP won 73 seats in
the 111-seat National Assembly, and the other parties won 38, although
25 of the 38 non-CDP deputies belonged to parties allied with the
Government. Election observers declared the elections to have been free
and orderly, except in four cities where they noted irregularities
including several fraud cases involving voter identification cards.
Opposition leaders denounced the elections.
CDP membership conferred advantages, particularly for businessmen
and traders seeking ostensibly open government contracts.
There were 13 women in the National Assembly and seven women in the
34-member cabinet. One of the four higher courts was led by a woman,
the national ombudsman was a woman, 18 elected mayors were women, and
an estimated 40-45 percent of new communal councilors were women.
The cabinet included 16 minority members; the National Assembly
included 61 minority representatives.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials often engaged in corrupt
activities with impunity. The World Bank's Worldwide Governance
Indicators reflected that there was a serious corruption problem in the
country. Corruption was especially acute in the police, gendarmerie,
military, customs service, taxing agencies, health and justice
ministries, municipalities, government procurement, the education
sector, and the media.
In April the Government created the Regulatory Authority of
Government Tenders (ARMP), a regulatory oversight body to monitor the
tender process for government contracts. The ARMP is authorized to
impose sanctions, initiate lawsuits, and publish the names of
fraudulent or delinquent businesses; however, it took no action on any
of these mandates during the year.
In September 2007 the Court of Accounts, responsible for auditing
the Government's accounts, published an annual report for 2005
highlighting mismanagement in government agencies, including by the
mayor of Ouagadougou. The report found that the Government had failed
to comply with proper administrative, accounting, and auditing
procedures for government tenders. No known action had been taken on
any of the report's recommendations by year's end.
Reports from the Government's High Authority to Fight Against
Corruption (HACLC) were not published, although their contents were
sometimes leaked. It was rumored that the 2006 HACLC report criticized
the extent of official corruption.
In November 2007 the Government ratified legislation to create the
Superior Authority of State Control (ASCE), an entity under the
authority of the prime minister that merges the HACLC, the State
Inspector General, and the National Commission for the Fight Against
Fraud. In addition to releasing annual reports from auditing entities,
ASCE has the authority to prosecute ethics breaches in the public
sector, including by state civil service employees, local and public
authorities, state-owned companies, and all national organizations
invested with public service missions. Despite this mandate, no action
was taken during the year by the ASCE, which observers believed had
insufficient power.
Despite numerous instances in recent years of high-level
corruption, no senior officials were prosecuted for corruption, and it
was unclear whether the Justice Ministry was equipped to handle such
cases. In its February report, RENLAC noted that ``lack of experience
coupled with a deficit of appropriately trained judges has rendered the
Justice Ministry incapable of effectively dealing with corruption
cases.'' The report continued that the ministry's resources were
insufficient to handle the increasing number of financial crimes, and
that its efforts were limited to the smallest racketeering cases rather
than higher level corruption.
Some public officials are subject to financial disclosure laws, but
these laws were not effectively enforced.
There are no laws that provide for public access to government
information. While government ministries released some nonsensitive
documents, local journalists complained that ministries were generally
unresponsive to requests for information from journalists and other
citizens, ostensibly for reasons of national security and
confidentiality. They also criticized government spokespersons for
strictly limiting the scope of questions that could be raised during
official press conferences. There is no procedure to appeal denials of
requests for information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic and international human rights groups generally operated
without government restriction, investigating and publishing their
findings on human rights cases. Government officials were somewhat
cooperative and responsive to their views.
In 2007 and during the year, there were no reports that the
Government met with domestic NGO monitors, responded to any inquiries,
or took action in response to any reports or recommendations. Despite
human rights NGO criticism of the Government's human rights policies,
it was generally believed that they operated without government
interference. The local NGO MBDHP was the most vocal and critical of
the Government.
The Government permitted international human rights groups to visit
and operate in the country; however, there were no reported visits
during the year by the UN or other international organizations.
In 2006 the United Nations Human Rights Council (UNHRC) notified
the Government that it had violated articles 7 and 9 of the
International Covenant on Civil and Political Rights in connection with
the 1987 assassination of former president Thomas Sankara. In its
response the Government concurred with UNHRC's observations and agreed
to act on its recommendations. In 2006 the Government posted the UNHRC
observations on its Web site and distributed copies to the media,
rewrote Sankara's death certificate to show the actual cause of death,
and undertook actions to pay Sankara's military pension to his family.
It also agreed to pay his family more than 43 million CFA francs
($89,256) from a family compensation fund. However, no pension or
compensation monies have been paid because Sankara's family demanded
that the case be investigated and the perpetrators punished prior to
accepting any financial compensation.
The Ministry of Human Rights, which was created in 2002, is
responsible for the protection and promotion of human rights in Burkina
Faso. The minister of human rights reports to the prime minister.
During the year the ministry assisted in drafting the antitrafficking
law that passed on May 15 and conducted education campaigns on human
rights that used theater, films, radio, and pamphlets.
The ombudsman, who is appointed by the president for a nonrenewable
five-year term and cannot be removed during the term, had limited
resources. The public generally trusted the ombudsman's impartiality.
No report of the ombudsman's work was published during the year.
The Governmental National Commission on Human Rights serves as a
permanent framework for dialogue on human rights concerns and included
representatives of human rights NGOs, unions, professional
associations, and the Government. The MBDHP did not participate on the
commission and continued to charge that the commission was subject to
government influence. The commission, which issued no reports during
the year, was inadequately funded.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status; however, the Government
did not effectively enforce these prohibitions. Discrimination against
women and persons with disabilities remained problems.
Women.--Rape is a crime; however, the law was not enforced, and
rape occurred frequently. There is no explicit discussion of spousal
rape in the law, and there were no recent court cases. There were
organizations that counseled rape victims, including Catholic and
Protestant missions, the Association of Women Jurists in Burkina, the
MBDHP, the Association of Women, and Promofemmes, a regional network
that worked to combat violence against women.
Domestic violence against women, especially wife beating, occurred
frequently, primarily in rural areas. No law specifically protects
women from domestic violence, and cases of wife beating usually were
handled out of court. There were no available statistics on how many
persons were prosecuted, convicted, or punished for domestic violence
during the year; however, it was believed such legal actions were
infrequent because women were ashamed, afraid, or otherwise reluctant
to take their spouses to court. Cases that involved severe injury
usually were handled through the legal system. The Ministry for
Promotion of Women, the Ministry for Social Action and National
Solidarity, and several NGOs cooperated in an effort to protect women's
rights. The Ministry for the Promotion of Women has a legal affairs
section to inform women about their rights and encourage them to defend
these rights.
Childless elderly women with no support, primarily in rural areas,
and particularly if their husbands had died, were at times accused of
witchcraft. They were banned from their villages since they often were
accused of eating the soul of a relative or a child who had died. These
women sought refuge at centers run by governmental or charitable
organizations in larger cities.
The law does not specifically prohibit prostitution, which was
prevalent; however, pimping and soliciting are illegal.
The labor code explicitly prohibits sexual harassment in the
workplace, but such harassment was common. The law prescribes fines of
50,000 to 600,000 CFA francs ($104 to $1,245) and prison terms varying
from one month to five years for persons convicted of workplace
harassment. There were no available statistics on how many persons were
prosecuted, convicted, or punished for the offence during the year.
Women continued to occupy a subordinate position and experienced
discrimination in education, jobs, property ownership, access to
credit, management or ownership of a business, and family rights.
Polygyny was permitted, but both parties had to agree to it prior to a
marriage. A wife could oppose further marriages by her husband if she
provided evidence that he had abandoned her and her children. Either
spouse could petition for divorce, and the law provides that custody of
a child be granted to either parent, based on the child's best
interests. Since 2007 women can serve in the military; however, women
represented approximately 45 percent of the general workforce and were
primarily concentrated in lower paying positions. Although the law
provides equal property rights for women and, depending on other family
relationships, inheritance benefits, traditional law denied women the
right to own property, particularly real estate. In rural areas land
belonged to the family of a woman's husband. Many citizens,
particularly in rural areas, clung to traditional beliefs that did not
recognize inheritance rights for women and regarded a woman as property
that can be inherited upon her husband's death.
The Government continued media campaigns to change attitudes toward
women, but progress has been slow. The Ministry for Women's Promotion
is responsible for promoting women's rights, and the minister was a
woman. During the year the Government established community banks to
promote economic development of grassroots organizations, including
women's groups. The banks provided micro loans to fund cereal mills,
shea butter production, market gardening, animal fattening, and other
small businesses.
Children.--The constitution contains provisions that nominally
protect children's rights. The Government allotted approximately 99.8
billion CFA francs ($207,000,000) to education.
The Government failed to register all births immediately, primarily
in rural areas where administrative structures were insufficient and
the population did not understand the value of birth certificates.
Also, few rural persons could afford birth certificates. Although there
were no statistics, failure to possess a birth certificate resulted in
discrimination, including the denial of public services.
The Government paid tuition, books, and supplies for all students
under 16 years of age, although uniforms were the responsibility of the
student's family. Children over 16 years old were responsible for
paying all education costs unless they qualified for tuition assistance
from merit and need-based programs. The overall school enrollment was
approximately 72 percent for boys and 66 percent for girls.
The law prohibits the abuse of children under 15 and provides for
the punishment of abusers. The penal code mandates a one- to three-year
prison sentence and fines ranging from 300,000 to 900,000 CFA francs
($623 to $1,868) for inhumane treatment or mistreatment of children;
however, light corporal punishment was tolerated and widely practiced
in society, although the Government conducted seminars and education
campaigns against child abuse.
Scarification of the faces of boys and girls of certain ethnic
groups continued, but was gradually disappearing.
Female Genital Mutilation (FGM) was practiced widely, especially in
rural areas, and usually was performed at an early age. According to a
2006 report by the National Committee for the Fight Against Excision,
up to 81 percent of women aged 25 and older, and approximately 34
percent of girls and women under 25, had undergone FGM. Perpetrators
were subject to a significant fine and imprisonment of six months to
three years, or up to 10 years if the victim died. During the year
security forces and social workers from the Ministry of Social Action
arrested several FGM practitioners and their accomplices. In accordance
with the law, they were sentenced to prison.
As part of the Government's campaign against FGM in West Africa,
the first ladies of Burkina Faso and Niger presided over an October 14-
15 meeting on FGM in Ouagadougou. Noting that girls were often taken
across national borders to countries where excision is legal or law
enforcement is weak, participants called on governments to coordinate
and enforce national laws against FGM.
Several NGOs believed that child marriage was a problem, primarily
in rural areas; however, there were no reliable statistics. The legal
age for marriage is 17. The law prohibits forced marriage and
prescribes penalties of six months to two years in prison. The prison
term may be increased to three years if the victim is under 13 years of
age; however, there were no reports of prosecutions of violators.
There were no statistics on child prostitution; however, it was a
problem. Children from poor families relied on prostitution to meet
their daily needs, including food and, at times, to help their needy
parents at home. Trafficked children, primarily Nigerian nationals,
were also subject to sexual abuse and forced prostitution.
There were numerous street children, primarily in Ouagadougou and
Bobo-Dioulasso. Many children ended up on the streets after travelling
from rural areas to find employment in the city or after their parents
had sent them to the city to study with a Koranic teacher or live with
relatives and go to school. At least one NGO assisted street children.
Two directorates within the Ministry of Social Action also ran
educational programs, including vocational training, for street
children, funded income-generating activities, and assisted in the
reintegration and rehabilitation of street children. Nevertheless, the
number of street children far outstripped the capacity of these
institutions.
Trafficking in Persons.--On May 15, the Government passed a new
antitrafficking law that punishes trafficking in adults as well as
children for sexual, labor, and other related practices; the 2003 law
applied to traffickers of children only. The new law increases maximum
prison terms for traffickers from five to 10 years and allows terms as
high as 20 years or life imprisonment under certain conditions. The law
also prohibits slavery, inhumane treatment, mistreatment of children
and adults, kidnapping, and violence.
The country was a source, transit, and destination country for
children and women trafficked for forced agricultural labor and
commercial sexual exploitation, forced labor in gold mines and stone
quarries, and forced domestic servitude. Internal trafficking of
children was also a problem. Burkinabe children were trafficked
primarily to Cote d'Ivoire, as well as to Mali, Benin, Nigeria, Togo,
Ghana, and Niger. Children were also trafficked from these West African
countries to Burkina Faso. To a lesser extent, Burkinabe women were
trafficked to Europe for sexual exploitation. Women were believed to
have been trafficked to the country from Nigeria, Togo, Benin, and
Niger for domestic servitude, forced labor in restaurants, and sexual
exploitation. The country was a transit point for trafficked children,
notably from Mali to Cote d'Ivoire.
Child traffickers typically acted as intermediaries for poor
families, promising to place a child in a decent work situation. Once
the child was in the hands of traffickers, these promises were usually
disregarded. Some traffickers were distant relatives, often referred to
as ``aunts.'' Traffickers occasionally kidnapped children. Once placed
in a work situation, whether in the country or beyond its borders,
children were usually not free to leave and were forced to work without
pay and under very bad conditions.
Trafficked children were subject to violence, sexual abuse, forced
prostitution, and deprivation of food, shelter, schooling, and medical
care. Organized child trafficking networks existed throughout the
country and cooperated with regional smuggling rings; authorities
dismantled two networks during the reporting period. Village vigilance
committees and public awareness campaigns contributed to successful
efforts by the Ministry of Social Action and security forces in the
dismantling of these networks.
The majority of international trafficking was believed to be
conducted using forged travel documents. Travel occurred both at
official ports-of-entry and at unmonitored border-crossing points.
According to the 2008 report by the Office for the Protection of
Infants and Adolescents, security forces between January and July
intercepted 203 trafficked children, 161 of whom were boys; 114
children were destined for international trafficking. Seven child
traffickers were arrested; three were cleared of all charges and
released, and four were awaiting trial at year's end. The four
remaining Nigerian nationals who remained in detention on 2007
trafficking charges received suspended prison terms of six months.
The Ministry of Social Action and National Solidarity and the
Ministry of Labor and Social Security were responsible for enforcing
trafficking and child labor laws and regulations; however, the
Government had limited resources to combat trafficking. In April 2007
the Council of Ministers adopted a national plan of action to combat
trafficking. It included elements such as prevention, protection,
feeding and care of victims, rehabilitation, social and economic
reintegration of victims, prosecution, strengthening of the
institutional and legal framework, advocacy, follow-up, and evaluation.
The Government cooperated with Cote d'Ivoire, other governments,
and international organizations throughout the year in implementing
workshops and overall cooperation on child trafficking.
The Government worked with international donors and the
International Labor Organization to address child trafficking, in part
by organizing seminars on child trafficking for customs officers.
During the year security services and civil society groups organized
similar workshops and seminars. The Government also organized several
training sessions for watch committee members. Over several years, the
Government has established 142 watch committees in 12 of the 13 regions
in which child trafficking and child labor were problems. The watch
committees included representatives of industries usually implicated in
child labor (cotton growers, for example), the police, gendarmerie,
magistrates, NGOs, and social welfare agencies. The Government also
worked with international and domestic NGOs in the fight against
trafficking.
The Government, in collaboration with the UN Children's Fund,
continued to operate transit centers for destitute children, including
trafficked children, where food and basic medical care were provided.
It also helped children return to their families. Most reintegration
programs for trafficked children were operated by NGOs.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical or mental disabilities in employment,
education, access to health care, the provision of other state
services, or other areas; however, the Government did not effectively
enforce these provisions. There was no government mandate or
legislation concerning access to buildings for persons with
disabilities. Advocates reported that persons with disabilities often
faced social and economic discrimination. Such persons who were able to
work found it difficult to find employment, including in government
service, because of deeply entrenched societal attitudes that persons
with disabilities should be under the care of their families and not in
the workforce.
Programs to aid persons with disabilities were limited. During the
year the National Committee for the Reintegration of Persons with
Disabilities implemented reintegration programs and capacity building
programs to better manage income generating activities; the committee
also conducted sensitizing campaigns.
National/Ethnic/Racial Minorities.--Incidents of discrimination
occurred involving cattle farmers of the Fulani ethnic group and
farmers of other ethnic groups. Such incidents were fueled by the
scarcity of grazing lands and because Fulani herders allowed their
cattle to graze on others' farming lands.
Other Societal Abuses and Discrimination.--Societal discrimination
against homosexuals and persons with HIV/AIDS was a problem. Persons
who tested positive for HIV/AIDS were sometimes shunned by their
families, and HIV/AIDS-positive wives were sometimes evicted from their
homes. Some landlords refused to rent lodgings to persons with HIV/
AIDS. However, persons with HIV/AIDS were generally not discriminated
against in employment practices or the workplace.
Religious and traditional beliefs did not tolerate homosexuality,
and homosexuals were at times victims of verbal and physical abuse.
There were no reports that the Government responded to societal
violence and discrimination against homosexuals.
Section 6. Worker Rights
a. The Right of Association.--The laws allow workers to form and
join independent unions of their choice without previous authorization
and excessive requirements; however, ``essential'' workers such as
police, army, and other security personnel could not join unions.
Approximately 85 percent of the workforce was engaged in subsistence
agriculture and did not belong to unions. Of the remainder, an
estimated 25 percent of private sector employees and 60 percent of
public sector workers were union members. The law allows unions to
conduct their activities without interference, and the Government
respected this right.
The law provides for the right to strike; however, the law provides
a very narrow definition of this right. Magistrates, police, military
personnel, and gendarmes do not have the right to strike.
b. The Right to Organize and Bargain Collectively.--Unions have the
right to bargain directly with employers and industry associations for
wages and other benefits. There was extensive collective bargaining in
the modern wage sector; however, this sector included only a small
percentage of workers.
Antiunion discrimination occurred.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, children
were trafficked and used for informal labor outside their own families
for little or no pay.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age for employment at 15 years and prohibits
children under 18 years from working at night except in times of
emergency; however, child labor was a problem. The minimum age for
employment was inconsistent with the age for completing educational
requirements, which generally was 16 years. In the domestic and
agricultural sectors, the law permits children under the age of 15 to
perform limited activities for up to four and one-half hours per day;
however, many children under the age of 15 worked longer hours. An
estimated 51 percent of children worked, largely as domestic servants
or in the agricultural or mining sectors where working conditions were
harsh. Children commonly worked with their parents in rural areas or in
family-owned small businesses in villages and cities. There were no
reports of children under the age of 15 employed in either state-owned
or large private companies.
The Ministry of Labor and Social Security, which oversees labor
standards, lacked the means to adequately enforce worker safety and
minimum age legislation, even in the small business sector.
Punishment for violating child labor laws included prison terms of
up to five years and fines of up to 600,000 CFA francs ($1,245).
The Government organized workshops during the year, and in
cooperation with donors, undertook sensitization programs to inform
children and parents of the dangers of sending children away from home
to work.
e. Acceptable Conditions of Work.--The law mandates a minimum
monthly wage of approximately 30,684 CFA francs ($64) in the formal
sector; the minimum wage does not apply to subsistence agriculture or
other informal occupations. The minimum wage did not provide a decent
standard of living for a worker and family. Employers often paid less
than the minimum wage. Wage earners usually supplemented their income
through reliance on the extended family, subsistence agriculture, or
trading in the informal sector. The Ministry of Labor and Social
Security was responsible for enforcing the minimum wage.
The law mandates a standard workweek of 40 hours for nondomestic
workers, a 60-hour workweek for household workers, and provides for
overtime pay. There are also regulations pertaining to rest periods,
limits on hours worked, and prohibition of excessive compulsory
overtime, but these standards were not effectively enforced.
Government inspectors under the Ministry of Labor and Social
Security and the labor tribunals were responsible for overseeing
occupational health and safety standards in the small industrial and
commercial sectors, but these standards did not apply in subsistence
agriculture and other informal sectors. The Government's Labor
Inspector Corps did not have sufficient resources to adequately fulfill
its duties. Every company with 10 or more employees was required to
have a work safety committee. If the Government's Labor Inspection
Office declared a workplace unsafe for any reason, workers had the
right to remove themselves without jeopardy to continued employment.
There were indications that this right was respected, although such
declarations by the Labor Inspection Office were rare.
__________
BURUNDI
Burundi is a constitutional republic with an elected government and
a population of 8.3 million. In 2005, following local and parliamentary
elections, the country's two houses of parliament indirectly elected as
President Pierre Nkurunziza, a member of the National Council for the
Defense of Democracy-Forces for the Defense of Democracy (CNDD-FDD)
political party. International observers reported that the elections,
which ended a four-year transitional process under the Arusha Peace and
Reconciliation Agreement, were generally free and fair. Although the
CNDD-FDD party dominated parliament and the Government, other major
parties, notably the Burundian Front for Democracy (FRODEBU) and the
Union for National Progress, were also represented. On April 17,
members of the rebel group PALIPEHUTU-FNL (FNL) attacked several
military positions around Bujumbura. Subsequent clashes between
government forces and rebel combatants resulted in more than 100 dead
before a cease-fire was signed at the end of May. More than 2,000
rebels subsequently relocated to a government assembly area awaiting
integration into the security forces or demobilization. At year's end
an additional 3,000 to 18,000 combatants remained in the bush as rebel
leaders and government authorities negotiated the details of the
agreement. While civilian authorities generally maintained effective
control of security forces, there were instances when elements of the
security forces acted independently.
The Government's human rights record remained poor; government
security forces continued to commit numerous serious human rights
abuses. Members of the army (FDN), the police, and the National
Intelligence Service (SNR) were responsible for killings, torture, and
beatings of civilians and detainees (including suspected FNL
supporters), although there were fewer such reports than in the
previous year. There were reports that security forces raped women and
girls. Impunity and harsh, life-threatening prison and detention center
conditions remained problems, and reports of arbitrary arrest and
detention continued. Prolonged pretrial detention, lack of judicial
independence and efficiency, and judicial corruption continued. While
government security forces, especially the FDN, took some steps to
prosecute the perpetrators of human rights abuses, most individuals
acted with impunity. The Government continued to hold some political
prisoners and political detainees. It restricted freedom of assembly
and association, especially for political parties, and did not tolerate
direct criticism of the president. Security forces continued to harass
members of the opposition. Domestic and sexual violence and
discrimination against women remained problems. A large number of
weapons circulated throughout the general population, and many violent
incidents and killings were considered the result of vigilante abuse
and personal score-settling.
Despite the cease-fire, abuses by the FNL against civilians
continued and occurred primarily in the FNL traditional strongholds of
Bujumbura Rural, and the northern provinces of Bubanza, Cibitoke,
Muramvya, and Kayanza. These abuses included killings, kidnappings,
rapes, theft, extortion, and the use of forced labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
Arbitrary or Unlawful Deprivation of Life.--The UN reported that
security forces killed 57 civilians, compared with 20 in the previous
year. The human rights organization Ligue Iteka reported widespread
killings of civilians by security forces after rebel attacks or for
suspected collaboration with rebel forces. FNL rebels killed numerous
persons during the year and committed other serious abuses against the
civilian population. Ligue Iteka further claimed that authorities
failed to investigate these incidents or identify the killers (See
Section 1.g.). Given the high numbers of arms circulating in the
population and general lawlessness in many areas, a large number of
killings could be attributed to vigilante abuse or the settling of
personal scores.
There were continuing reports of deaths and injuries caused by
unknown persons using grenades and mortars, some allegedly involving
security force personnel.
There were no reported deaths as a result of unexploded ordnance or
landmines laid in previous years by government or rebel combatants.
There were reports of killings, usually perpetrated by unknown
persons, of individuals accused of sorcery, as well as killings of
persons with albinism for body parts allegedly used in witchcraft. The
killing of persons with albinism in particular appeared to be driven by
a demand for body parts in neighboring Tanzania.
On July 23, an unidentified man strangled and ritually mutilated a
14-year-old girl by removing her front teeth in Muyinga Province. A mob
then burned the man alive.
On September 10, 11 local youths killed and burned four persons
accused of sorcery. Police arrested the youths amid protests from local
inhabitants; by year's end none of the accused had been tried.
On September 10, also in Ruyigi, unidentified assailants killed and
mutilated a girl with albinism and then cut off her hands and feet.
Police investigation had produced no arrests by year's end.
On September 30, unknown attackers killed and cut off the arms and
legs of a man with albinism in Ruyigi. Police investigation had
produced no arrests by year's end.
On November 16, a six-year-old girl with albinism was killed in
Ruyigi and her head and limbs removed. Armed attackers broke into the
family's home and tied up the girl's parents before shooting her in the
head. Police investigation had produced no arrests by year's end.
Despite a 2006 announcement by the president that local authorities
would be held accountable for such killings, the perpetrators were
rarely identified or prosecuted. On October 6, however, local police
arrested and detained two persons in Gihogazi, Karuzi Province, for
allegedly trafficking body parts of persons with albinism to Tanzania.
b. Disappearance.--There were no confirmed reports of politically
motivated disappearances. The Association for the Protection of Human
Rights and Detained Persons (APRODH) reported that 64 detainees were
missing from detention facilities during the year and that the 10
detainees missing from detention facilities in 2006 had all been
killed. At year's end the authorities had not investigated these
killings.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
the UN, Human Rights Watch (HRW), and domestic nongovernmental
organizations (NGOs) Ligue Iteka and APRODH reported that members of
the security forces beat and tortured civilians and detainees. In
September the police commissioner of Bubanza Province tortured a man
detained in the Bubanza Provincial Jail following a heated argument
over an unknown matter. Authorities later confirmed that the
commissioner used his belt and truncheon to inflict severe pain on
prisoners; however, no action was taken against him.
There were no developments in the August 2007 shooting into an
unruly crowd by a drunken policeman in Bururi Province.
Throughout the year multiple credible sources reported that the
security forces maintained illegal detention and torture centers across
the country. The SNR facility reportedly used for torture of detainees
and scheduled for closure in 2006 remained open.
During the year the soldiers accused of the 2007 rape of two women
and a minor in separate incidents in Bujumbura Rural, Makamba, and
Muyinga provinces were each sentenced to 20 years' imprisonment.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and sometimes life threatening. Severe overcrowding persisted,
and in August APRODH reported that 9,613 persons were held in 11
facilities built to accommodate a total of 4,050. According to
government officials and human rights observers, prisoners suffered
from digestive illnesses and malaria, and some died as a result of
disease. APRODH reported 57 cases of torture and abuse of prisoners and
detainees, as well as arbitrary and prolonged detentions, in Rumonge
Prison in Bururi Province. For example, 59 percent of prisoners were
``preventive detainees'' held without charge.
Each prison had one qualified nurse and at least a weekly visit by
a doctor; however, prisoners did not always receive prompt access to
medical care. Serious cases were sent to local hospitals. The
International Committee of the Red Cross (ICRC) was the primary
provider of medicines; the Government did not feed detainees in
communal lockups. Detainees and prisoners not held in communal lockups
received 450 grams of food per day from the Government, and families
often had to supplement prisoner rations.
Detention centers and communal lockups were severely overcrowded,
and conditions were generally worse than prison conditions. APRODH
stated there were numerous unofficial reports of prisoner abuse. Proper
sanitation and medical care were limited or nonexistent. There were 400
communal lockups where those arrested were to be held for no longer
than one week; in practice detainees were regularly kept in these
facilities for much longer periods, ranging from a few weeks to several
months.
According to the Ministry of Justice, there were 489 children in
prisons, including 82 infants accompanying their convicted mothers.
Juvenile prisoners were held with and often treated as adults.
Political prisoners often were held with convicted criminals. Persons
being detained before their trials were held in communal lockups, but
some were also incarcerated with convicted prisoners. In detention
centers and communal lockups, minors were not always separated from
adult detainees.
During the year the Government permitted some visits by
international and local human rights monitors, including the ICRC, and
the visits took place in accordance with standard modalities.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, but security forces arrested
and detained persons arbitrarily, including journalists and labor union
leaders.
Role of the Police and Security Apparatus.--The national police are
responsible for internal security, but the FDN may assume such
responsibilities in time of war. The police deal with criminal matters,
and the FDN fulfills external security and counterinsurgency roles. In
practice the FDN also arrests and detains suspects. The Ministry of
Defense oversees the FDN, and the Ministry of Public Security oversees
the national police. The SNR is a special police agency that reports
directly to the president. The SNR gathers intelligence and has the
authority to arrest and interrogate suspects.
Members of the security forces were poorly trained. Corruption,
disregard for limits on detention, and torture and mistreatment of
prisoners and detainees remained problems. An internal affairs unit
within the police force investigated crimes committed by police. The
United Nations Mission in Burundi (BINUB) and various NGOs provided
human rights training to police. Impunity and lack of accountability
for members of the security forces who committed serious human rights
abuses remained key problems.
Arrest and Detention.--The law requires arrest warrants in most
cases, and presiding magistrates are authorized to issue them. Police
and the FDN can make arrests without a warrant but are required to
submit a written report to a magistrate within 48 hours. However,
police rarely respected these provisions in practice. Police routinely
violated a requirement that detainees be charged and appear in court
within seven days of arrest. A magistrate can order the release of
suspects or confirm charges and continue detention, initially for seven
days, then subsequently for one additional period of seven days as
necessary to prepare the case for trial. Magistrates also ignored this
requirement and detained suspects 10 days or longer. Police are
authorized to release suspects on bail, but this provision was rarely
exercised. Police regularly detained suspects for extended periods
without announcing charges, certifying the detention before a judge, or
advising the Ministry of Justice within 48 hours as required. Suspects
are permitted lawyers at their own expense in criminal cases, but the
law does not require, and the Government did not provide, attorneys for
indigents at government expense. The law prohibits incommunicado
detention, but numerous credible sources reported that it occurred.
Authorities on occasion denied prisoners prompt access to family
members.
Security forces arbitrarily detained journalists and labor union
leaders. In September both journalist Jean-Claude Kavumbago (See
Section 2.a.) and the vice president of the Justice Ministry's
administrative workers union, Juvenal Rududura (See Section 6), were
arrested; both were being held without trial at year's end.
According to the Ministry of Justice, 9,613 persons were in prison
as of September, more than 6,400 of whom had not been tried. Lengthy
jail procedures, a large backlog of pending cases, judicial
inefficiency, corruption, and financial constraints often caused trial
delays. Irregularities in the detention of individuals, including
holding them beyond the statutory limit, continued. Human rights NGOs
and others lobbied the Government unsuccessfully for the release of
prisoners who were held for long periods of time without charge.
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, the judiciary was not independent
of the executive branch, was inefficient, and was hampered in some
cases by corruption. According to UN officials, political interference
seriously impeded the judiciary's impartiality.
The judicial system consists of civil and criminal courts with the
Supreme Court and Constitutional Court at the apex. In all cases
involving constitutional matters, the Constitutional Court has the
ultimate appellate authority, while the ultimate authority in all other
cases rests with the Supreme Court.
The law provides for an independent military judicial system, which
in practice was influenced by the executive and higher-ranking military
officers. Courts of original jurisdiction for lower-ranking military
offenders are called ``War Councils,'' and one exists in each of the
country's five military districts. A court martial Tribunal of Appeals
hears appeals of War Council decisions and also has trial jurisdiction
for mid-ranking military offenders up to the rank of colonel. Military
courts have jurisdiction over military offenders and civilians accused
of offenses implicating members of the military.
The Government officially recognizes the traditional system of
community arbitration known as ``abashingantahe,'' which functions
under the guidance of community members recognized for their conflict
resolution skills. A ``mushingantahe,'' or community mediator,
recognized by the community and presides over deliberations; no lawyers
are involved. The opinion of a mushingantahe often is necessary before
access is granted to the formal civil court system. The abashingantahe
system is limited to civil and minor criminal matters and exercises no
jurisdiction over serious criminal matters. In previous years some
members of the ruling CNDD-FDD party, with a predominately Hutu
membership, looked unfavorably on the institution of the abashingantahe
because some Hutus perceived it to be a tool of Tutsi domination.
Nonetheless, President Nkurunziza met with leaders of the
abashingantahe and spoke publicly and favorably about the institution.
A perception that Tutsis dominated the judiciary, making it
ethnically biased, began to change. During the last three years, the
president appointed Hutu judges as chief justice of the Supreme Court,
president of the Constitutional Court (both women), and prosecutor
general.
Trial Procedures.--All trials are publicly conducted by panels of
judges, with the exception of capital punishment cases, which are
decided by a seven-person panel of four citizens and three magistrate
judges. In theory, defendants are presumed innocent and have a right to
counsel but not at the Government's expense, even in cases involving
serious criminal charges. Defendants have a right to defend themselves,
which includes the right to question the prosecution's witnesses, call
their own witnesses, and examine evidence introduced in their cases.
However, few defendants had legal representation because few could
afford the services of one of 90 registered lawyers in the country.
Authorities sometimes were unable to carry out their investigations or
transport suspects and witnesses to the appropriate court because of
lack of resources.
All defendants, except those in military courts, have the right to
appeal their cases up to the Supreme Court, and in capital cases, to
the president for clemency. In practice the inefficiency of the court
system extended the appeals process for long periods and in some cases
allegedly for more than a year. This effectively limited the
possibility of appeals, even by defendants accused of the most serious
crimes.
Procedures for civilian and military courts are similar, but
military courts typically reached decisions more quickly. Military
trials, like civilian trials, generally failed to meet internationally
accepted standards for fairness. The Government does not provide
military defendants with attorneys to assist in their defense, although
NGOs provided some defendants with attorneys in cases involving serious
charges. Military trials generally are open to the public but can be
closed for compelling reasons, including for national security or when
publicity can harm the victim or a third party, such as in cases
involving rape or child abuse. Defendants in military courts are
allowed only one appeal.
Political Prisoners and Detainees.--The incarceration of political
prisoners and detainees remained a problem. According to APRODH, at
year's end there were an estimated 200 political prisoners, most
considered to be FNL rebels.
On November 3, journalist and political activist Alexis Sinduhije
was arrested at the Bujumbura headquarters of his newly formed Movement
for Security and Democracy (MSD), a political party unrecognized by the
Government. Sinduhije was subsequently charged with insulting President
Nkurunziza, based on comments allegedly found in Sinduhije's personal
papers concerning Nkurunziza's policies and religious orientation.
Sinduhije appeared before Bujumbura's provincial tribunal on November
28, where he questioned the competence of two judges, prompting the
court to delay ruling on his case. He remained in detention at year's
end.
In April 2007 police arrested CNDD-FDD party chairman Hussein
Radjabu and charged him with ``intent to disrupt national security
through an armed rebellion.'' On April 3, Radjabu was sentenced to 13
years in prison; two of his co-detainees were sentenced to 10 years
each. Radjabu's appeal was pending at year's end.
The Government generally afforded international organizations and
local human rights NGOs access to political prisoners.
Civil Judicial Procedures and Remedies.--The judiciary was neither
independent nor impartial. Media reports alleged that the judiciary
included many individuals beholden to the Government. The execution of
court decisions, including payment of damages, could be slow, sometimes
taking years.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law provide for the right to
privacy, but the Government did not always respect this right in
practice. Authorities rarely respected the law requiring search
warrants. Sources in the media and civil society believed that security
forces monitored telephone calls.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Despite the 2006 cease-fire agreement, in April FNL forces conducted
sporadic mortar and rocket assaults on Bujumbura over the course of
several days, leading to a government counterassault that quickly
overran FNL positions outside the city. Although many persons in the
areas surrounding Bujumbura temporarily fled their homes, there were no
reported civilian casualties; approximately 100 combatants were killed.
Peace talks between the Government and the FNL resumed in May, and
there were no reports of other major clashes at year's end. An
estimated 250,000 persons, mostly civilians, have been killed in
conflict-related violence since 1993, primarily before the 2006 cease-
fire.
Killings.--According to the UN, during the year security forces
killed 57 civilians, as compared with 20 such killings in 2007; 30 of
these were killed by the FDN, 25 by the police, and two by the SNR.
On June 22, three soldiers used grenades during an attempted home
invasion in Bubanza Province, injuring one soldier and killing a
civilian. At year's end no arrests had been made for the attack.
During the week of June 22, two persons were killed in Ruyigi
Province by a grenade thrown by someone in military uniform and
believed to be a soldier. At year's end no arrests had been made.
On August 23, a grenade thrown at a wedding party killed 19 persons
and injured 60. At year's end no arrests had been made.
On or about August 12, a policeman killed a woman in Rumonge for
allegedly refusing to sleep with officers at a nearby police post. Two
policemen were arrested but had not been tried at year's end.
On September 25, the director general of sports and leisure at the
Ministry of Sports, Youth, and Culture was killed in a grenade attack
outside his home in Musaga, Bujumbura. At year's end no arrests had
been made.
No action was taken in the September 2007 killing of a truck driver
by an intelligence agent.
In June the Military Court ruled that it was not competent to judge
24 suspects accused of the 2006 killings of 31 persons last seen alive
in military custody in Muyinga Province. Their bodies were found in a
river. In September the court reversed its position, and the trial
began in October. However, the primary defendant, Colonel Vital
Bangirinama, allegedly fled the country early in the year. On October
23, the court condemned Bangirinama (in absentia) to death, sentenced
three other soldiers to life imprisonment, sentenced five members of
the military convoy that took part in the massacre to 10 years'
imprisonment each, and sentenced three of the convoy's drivers to two
years' confinement each.
Rebel forces were implicated in numerous killings during the year,
but as demobilization of FNL forces continued and common banditry
increased, it was often impossible to distinguish between former FNL
combatants and common criminals.
The media and security forces often blamed the FNL for repeated
ambushes of travelers on the main roads into and out of Bujumbura;
again, it was not always possible to distinguish between FNL members
and common criminals. Frequently these crimes were perpetrated by
demobilized soldiers who were unable to find employment after military
service.
Abductions.--There were no reports that government agents or rebel
forces abducted persons during the year.
Physical Abuse, Punishment, and Torture.--During the year security
force abuse occurred, and FNL rebel combatants continued to commit
numerous serious abuses against the civilian population, including
torture, rape, and the looting and burning of houses, principally in
Bujumbura Rural Province and the western provinces of Cibitoke and
Bubanza.
On June 22, in Gihanga, Bubanza Province, several soldiers
attempted to rob a home; when the occupants protested, the soldiers
reportedly panicked and detonated three grenades. A local chief stated
he would investigate, but no action had been taken by year's end.
On June 24, in Ngozi Province, a policeman shot and killed a
civilian in a bar. He was arrested but had not been tried by year's
end. The local population petitioned authorities to forbid police from
bringing weapons into drinking places.
On July 6, in Muhuta, Bujumbura Rural Province, FNL rebels
reportedly killed the head of a family and looted his house.
On July 8, a large number of armed FNL rebels moved into Isale,
Bujumbura Rural Province, looting houses, burning fields, and killing
livestock; local media documented the destruction. No arrests were made
following these incidents.
Although there were no credible reports of government forces or the
FNL using torture or rape as a tactic of war, according to APRODH 140
cases of rape were reported during the first half of the year, many
allegedly committed by security forces and FNL members.
The UN recorded 36 rapes committed by security forces during the
year.
On July 1, an FDN soldier raped a woman in Busoni, Kirundo
Province. No one was arrested or charged for this incident by year's
end.
On February 13, FNL former combatants at a cantonment camp in
Randa, Bubanza Province, raped a 16-year-old girl. At year's end no one
had been charged.
On April 14, an unknown person raped a nine-year-old girl at a camp
for displaced persons in Buhiga, Karuzi Province. At year's end no one
had been charged.
Child Soldiers.--Under the law the minimum age for military
recruitment is 16, although the Government maintained that no one under
18 was recruited. Through year's end a multiyear project sponsored by
the Government and the UN Children's Fund (UNICEF) demobilized
approximately 3,600 child soldiers from the Government security forces
as well as from former rebel groups. According to UNICEF, security
forces no longer used children as soldiers for combat.
According to the Ministry of Defense, soldiers using children to
perform menial tasks were subject to punishment and dismissal. There
were no credible reports of such abuses during the year.
Ligue Iteka reported that the FNL stopped recruiting children into
their ranks following the return of FNL leadership to Bujumbura and the
resumption of peace talks in May. However, an HRW representative stated
that the FNL were thought to retain approximately 50 children who were
being used primarily as menial laborers. In addition, there were
unsubstantiated but widespread reports that the FNL started recruiting
children when peace talks stalled, apparently so they could claim more
members and improve their negotiating position. The new ``recruits''
were apparently being used as bargaining chips, not as laborers or
active combatants. With the assistance of the World Bank's National
Demobilization, Disarmament, and Reintegration project, most child
soldiers identified prior to May were demobilized, and many returned to
their families or were placed in schools.
Although there was no forcible displacement of civilians by
government agents, the FDN-FNL clashes in April caused thousands to
temporarily flee their homes, especially in Bujumbura Rural, Bubanza,
and Cibitoke provinces. They returned to their homes once hostilities
ceased.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government
continued to restrict these freedoms. The Government does not tolerate
public criticism, particularly the dissemination of insults directed at
the president and other high-level public officials in the media or at
public gatherings. Although legislation regulating political gatherings
was repealed, opposition meetings continued to be largely monitored by
the Government.
Unlike in the previous year, there were no reports that the
Government used direct censorship or forced media outlets to suspend
operations; however, the National Communications Council, a
presidentially nominated media regulatory commission, threatened a
major radio outlet, the Africa Public Radio (RPA), with closure unless
the radio recanted several news stories criticizing government
authorities that the Government claimed were lies.
Journalists continue to exercise self-censorship, and direct
criticism of the president was not tolerated.
The Government controlled several major media outlets, including Le
Renouveau, the only daily newspaper, as well as the widely viewed
National Radio and Television of Burundi. There were also two private
television stations.
There were eight private weekly publications and 11 private
Internet and fax-based news sheets. Print runs by independent
publications were small, and readership was limited by low literacy
levels. Newspaper circulation was generally limited to urban centers.
Ownership of private newspapers was concentrated in the capital, but
there was a wide range of political opinion expressed.
Radio remained the most important medium of public information. The
Government-owned radio station broadcast in Kirundi, French, and
Kiswahili and offered limited English programming. There were nine
privately owned radio stations. Some stations received funding from
international donors. Listeners could receive transmissions of foreign
news organizations such as the BBC and the Voice of America. During the
year the CNDD-FDD created a progovernment radio outlet, Rema FM.
The law criminalizes offenses, including defamation of political
figures, committed by the media and provides for fines and criminal
penalties of six months' to five years' imprisonment for disseminating
insults directed at the president, as well as writings that are deemed
defamatory, injurious, or offensive to public or private individuals.
On February 14, Eric Manirakiza and Emmanuel Nsabimana of RPA were
charged with defamation for broadcasting that the president's chief of
cabinet met with demobilized combatants to discuss creation of a
militia to threaten opposition groups. Although the defendants were not
imprisoned, they were awaiting a court date to answer the charges at
year's end.
On September 11, Chief Editor Jean-Claude Kavumbagu of Net Press, a
daily Internet newspaper, was arrested and charged with defamation and
disseminating false information for an article questioning the cost of
President Nkurunziza's trip to attend the Beijing Olympics opening
ceremonies. On September 23, Kavumbagu appeared before the court and at
year's end was awaiting a trial date.
On September 15, Juvenal Rududura, the vice president of a judicial
trade union, was arrested for allegedly making false statements
implying government corruption in the recruitment of judges.
Journalists Serge Nibizi and Domitile Kiramvu of RPA, Corneille
Nibaruta of Bonesha FM, and Mathias Manirakiza of Radio Isanganiro were
exonerated of the 2006 charge of defaming the president. The
Government's appeal of their 2006 acquittal was denied on April 30.
Media outlets continued to complain about licensing fees, which
some said were an unnecessarily heavy financial burden.
Internet Freedom.--There were no reports of government restrictions
on access to the Internet or reports that the Government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
However, poverty and lack of infrastructure prevented widespread public
access to the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the Government at times restricted this right.
On February 20, the governor of Kayanza suspended a meeting of the
opposition FRODEBU party in the commune of Gatara.
On April 12, local police suspended a press conference held by
Alexis Sinduhije, former director of the African Public Radio and
president of the unrecognized political party MSD. By year's end the
MSD had not been granted political party status by the Ministry of
Interior for allegedly not fulfilling registration requirements. The
MSD claimed its registration file was complete and accurate.
An October presidential decree required all political parties to
obtain government permission to assemble. Authorities had the right to
send security forces and a representative ``to ensure the freedom and
security of the meeting'' and assure the good behavior of the
participants. Early morning or evening meetings were also disallowed.
After numerous protests by local political parties and international
actors, the Government rescinded the decree and began to require only
that political parties notify local authorities before they assemble.
Freedom of Association.--The constitution provides for freedom of
association; however, the Government sometimes restricted this right in
practice. Registration was required for private organizations and
political parties. Although a number of political parties had
successfully registered in advance of 2010 elections, at year's end the
Ministry of Interior had not accepted the MSD, purportedly because of
Sinduhije's popularity and perceived threat to the ruling party's
success in the upcoming elections.
Private organizations were required to present their articles of
association to the Ministry of Interior for approval. There were no
reports that the Government failed to complete the approval process for
private organizations whose purposes the Government opposed.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
The Government required religious groups to register with the
Ministry of Interior, which kept track of their leadership and
activities. Registration was granted routinely. The Government required
religious groups to maintain a headquarters in the country.
Societal Abuses and Discrimination.--The Jewish population was very
small, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation; however, the Government sometimes restricted these rights
in practice. The Government continued to restrict movement into and out
of Bujumbura at night. Citizens' movements were restricted by
government checkpoints and the threat of violence by members of the
FNL.
The law does not provide for forced exile, and the Government did
not use this tactic; however, many persons remained in self-imposed
exile.
In 2005 the Governments of Rwanda and Burundi signed an agreement
with the UN High Commissioner for Refugees (UNHCR) on the voluntary
repatriation of approximately 4,489 Burundian refugees from Rwanda. An
estimated 1,869 had voluntarily returned, and approximately 2,620
remained in Rwanda.
During the year the UNHCR facilitated the voluntary repatriation of
approximately 95,000 Burundian refugees who had previously fled to
neighboring countries, primarily Tanzania, bringing the total to nearly
474,000 since 2002. The repatriates, who returned mostly to the
southern and eastern provinces, often found their land occupied. Poor
living conditions and a lack of food and shelter were problems for
returnees. At year's end six temporary accommodation centers for
returnees were under construction in Rutana and Bururi provinces, and
six more were planned for the southern provinces. Each center was
expected to provide temporary shelter for 42 families whose land has
been occupied. The centers were being built in major areas of origin of
the former 1972 refugees in order to allow them to participate in the
resolution of their land conflicts.
The UNHCR and the National Commission for Rehabilitation of War
Victims assisted in the resettlement and reintegration of refugees and
internally displaced persons (IDPs).
Internally Displaced Persons.--Despite improved security, an
estimated 100,000 IDPs remained in settlements throughout the country.
According to the UN Office for the Coordination of Humanitarian Affairs
(UNOCHA), most of the IDPs were living at 160 sites, the majority in
Kayanza, Ngozi, Kirundo, Muyinga, and Gitega provinces.
On August 19, a number of IDPs were beaten violently by police in
an attempt to move them from land given to them by former president
Buyoya but redistributed by the current government to others. Almost
600 families were evicted forcibly. The Government took no action
against police brutality.
According to UNOCHA, 91 percent of IDPs were able to participate in
agricultural activities, and of these, 78 percent had access to their
original lands. In the south and east, 18 percent of IDPs were former
refugees.
Protection of Refugees.--The law provides for granting refugee
status or asylum in accordance with the 1951 UN Convention relating to
the Status of Refugees and its 1967 protocol, and the Government has
established a system for providing protection to refugees. The country
was also a party to the Organization of African Unity Convention
Governing Specific Aspects of Refugee Problems in Africa. According to
the UNHCR, at year's end the Government had granted refugee status and
asylum to more than 28,000 persons. In practice the Government provided
some protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened. The UNHCR
reported that the Government fulfilled all of its obligations to
provide asylum and refugee protections and cooperated with
international organizations involved in refugee issues.
As of December, according to the UNHCR, there were approximately
28,000 Congolese refugees and 305 Rwandan asylum seekers in Burundi. Of
the Congolese, more than 16,000 were sheltered in three UNHCR-run
refugee camps: Gihinga in Mwaro Province, Gasorwe in Muyinga, and Gihar
in Rutana. The remainder were integrated into urban centers.
In 2006 the Government appointed a National Commission for Land and
Other Goods to resolve land and property disputes resulting from the
return of approximately 474,000 Burundian refugees since 2002,
including some who had been in exile in Tanzania since 1972. In
addressing the increasing number of land disputes, the country relied
on a mixture of customary law and legislation, but few citizens were
aware of their legal rights, and most remained too poor to afford legal
representation. At year's end the commission had resolved a small
number of land disputes in the southern provinces of Makamba and
Bururi; however, the organization's success was limited by questions
concerning its jurisdiction to resolve many local conflicts.
During the year a number of killings and other crimes were
attributed to land conflicts, primarily in the provinces of Ruyigi,
Muyinga, and Bururi. For example, on August 23, a man launched a
grenade during his half-brother's wedding ceremony in the province of
Gitega due to an internecine land conflict, killing 10 persons and
injuring 48. The assailant was arrested and was in prison at year's
end.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law and constitution provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through generally free and fair elections based on universal suffrage.
Elections and Political Participation.--In 2005 through an indirect
ballot, citizens chose their first democratically elected president in
more than 12 years, marking the end of the four-year transition under
the Arusha Peace and Reconciliation Agreement. The legislature elected
sole candidate Pierre Nkurunziza of the CNDD-FDD, and he was sworn in
as president in August 2005.
President Nkurunziza's election followed communal and legislative
elections earlier the same year, which independent electoral observers
judged to be generally free and fair, although the campaign prior to
the National Assembly elections was tense and significantly marred by
violence and intimidation.
In June the ruling CNDD-FDD party dismissed 22 dissident National
Assembly parliamentarians who had aligned themselves with jailed former
CNDD-FDD president Hussein Radjabu, creating a split in the party. In
concert with the opposition parties, the 22 were able to stymie efforts
by National Assembly leadership to carry out its legislative agenda.
The 22 were classified as ``independents'' and dismissed in accordance
with the constitution for failing to garner ``at least 2 percent of the
popular vote.'' The Constitutional Court ruled the dismissals legal,
but HRW and the International Interparliamentary Union questioned the
decision.
On March 8, tensions among political parties increased after
grenades were thrown at four opposition politicians' homes. No one was
killed in the attacks. The four were part of a group of 46
parliamentarians who addressed a letter February 22 to the UN
Secretary-General accusing the ruling party of ``persecution, arbitrary
arrests, extrajudicial executions, and assassination'' of its
opponents. By year's end no one had been charged in the attacks.
The constitution reserves 30 percent of National Assembly, Senate,
and ministerial positions for women. There were 37 women in the 118-
seat National Assembly and 17 women in the 49-seat Senate; women held
eight of 24 ministerial seats.
The law imposes ethnic quotas, requiring that 60 percent of the
seats in the National Assembly be filled by Hutus, the majority ethnic
group in the country, and 40 percent by Tutsis, who constitute an
estimated 15 percent of the citizenry. The Batwa ethnic group, which
makes up less than 1 percent of the population, is entitled to three
seats in the Senate. Additionally, military positions were divided
equally between Hutus and Tutsis. The Government fulfilled this
mandate.
Government Corruption and Transparency.--The law provides criminal
penalties for corruption; however, the Government did not implement
these laws effectively. Widespread corruption in the public and private
sectors and a culture of impunity remained problems. Several respected
private sector representatives and trade association officials reported
that corruption remained a major impediment to commercial and economic
development. The World Bank's 2008 Worldwide Governance Indicators
reflected that corruption was a severe problem. In July local NGO
Observatory for the Struggle against Economic Corruption and
Embezzlement (OLUCOME) estimated the state had lost 233 billion
Burundian francs (approximately $200 million) to corruption and
embezzlement since 2000.
Several civil society and media groups, including OLUCOME,
expressed concern over a mid-year budget review indicating a
presidential request for a 2.4 billion Burundian franc (approximately
$2 million) ``development fund.'' They speculated that the funds would
be used in support of the president's reelection campaign.
A parliamentary commission established to investigate
irregularities in the 2006 sale of the Government-owned presidential
jet reported in August on its findings. The report has not been
released but reportedly cited several former high-level leaders in the
ruling party and the president's office as complicit in the sale.
Former central bank governor Issac Bizimana has been in jail since
August 2007 for illegal transfer of government funds to a private
company, Interpetrol, but had not been formally charged by year's end.
On October 16, the prosecutor stated that the case had not advanced
because authorities could not locate codefendant and former minister of
finance Denise Sinankwa. After Interpetrol was excluded for several
months from doing business in the country, in late September its
president was included in President Nkurunziza's delegation seeking
business opportunities in Sweden.
The law requires financial disclosure by government officials, but
it was not implemented in practice.
The minister of good governance, an Anti-Corruption Brigade, and
the state inspector general are all responsible for combating
government corruption. The brigade has the authority to act on its own
initiative to identify offenders and refer them to the Anti-Corruption
Court. During the year the brigade investigated 66 cases and recovered
113 million Burundian francs (approximately $940,000).
The law does not provide for access to government information, and
in practice information was difficult to obtain. The law does not allow
the media to broadcast or publish information in certain cases relating
to national defense, state security, or secret judicial inquiries.
Human rights observers criticized the law for its poorly defined
restrictions on the right to access and disseminate information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A large number of local and international human rights groups
generally operated without government restrictions. Unlike in previous
years, human rights observers generally were allowed to visit
government facilities such as military bases and prisons run by the
SNR. Government officials were somewhat cooperative and responsive to
their views. Prominent local human rights group Ligue Iteka continued
to operate and publish a newsletter documenting human rights abuses by
security forces. While well-established groups with international
linkages and a presence in Bujumbura had a measure of protection from
government harassment, indigenous NGOs were more susceptible to
pressure from authorities. In August a ruling party spokesman accused
many NGOs of being proxies for different political parties.
While security forces did not arrest any human rights workers,
several members of Ligue Iteka were forced to testify in a case brought
against African Public Radio by a high-ranking member of the
president's office. Ligue Iteka claimed that the prosecutor intended to
intimidate the organization's workers and prevent them from documenting
and publicizing government human rights abuses.
Although several international NGOs expressed frustration at the
formidable bureaucratic hurdles they often faced when registering with
government offices, governmental attitudes towards international human
rights and humanitarian NGOs remained generally favorable.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives and other
organizations such as the ICRC.
In August the UN Independent Expert on Human Rights visited and
issued a critical report on the state of human rights. The expert
mission was expected to continue until a National Human Rights
Commission had been established. There was no human rights ombudsman.
In August the Government of Rwanda accused 670 Burundi nationals of
having been participants in Rwanda's 1994 genocide; however, by year's
end the International Criminal Tribunal for Rwanda had not summoned any
Burundians to the International Court.
Despite the adoption of several preliminary steps by the Government
and the UN, a national Truth and Reconciliation Commission (TRC)
designed to bring to justice persons responsible for genocide, crimes
against humanity, and war crimes committed in the country since it
gained its independence in 1962 had not been established. Instead, in
October the Government and the UN began ``Popular Consultations on
Transitional Justice'' to gauge the population's desire for a TRC.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides equal status and protection for all
citizens, without distinction based on sex, origin, ethnicity,
disability, language, or social status; however, the Government failed
to implement these provisions effectively, and discrimination and
societal abuses continued.
Women.--The law prohibits rape, which is punishable by up to 20
years' imprisonment, but does not specifically prohibit spousal rape.
According to a local NGO, the Association for the Defense of Women's
Rights, 3,017 cases of rape and domestic violence were reported to
their group during the year. The NGO Doctors without Borders (MSF)
received an average of 115 victims each month at its center for rape
victims in Bujumbura; however, the MSF said the number of rapes was
likely much higher. In 2007 the MSF reported 1,435 cases of sexual
violence against children less than five years of age. According to
BINUB approximately 65 percent of reported rapes were of children ages
17 years and under. The UN Development Fund for Women reported that
many rapes of minors were committed with the belief that they would
prevent or cure sexually transmitted diseases, including HIV/AIDS.
Centre Seruka, a local NGO financed in part by the MSF, reported that 3
percent of rape victims were male.
Many women were reluctant to report rape for cultural reasons, fear
of reprisals, and unavailability of medical care. According to a 2007
report by Amnesty International, only 10 to 15 percent of reported rape
victims actually initiated legal proceedings. Men often abandoned their
wives following acts of rape, and women and girls were ostracized. Some
police and magistrates reportedly ridiculed and humiliated women who
said they were raped and required that victims provide food for and pay
the costs of incarceration of those they accused of rape. Many of those
who sought judicial redress faced the weaknesses of the judicial
system, including judges who did not regard rape as a serious crime and
a lack of medical facilities to gather medical evidence. According to
the report, sometimes victims were forced to withdraw their complaints
and enter into negotiated settlements with the perpetrator or his
family outside of the formal judicial system. There were cases where
the victims were forced by their families and local arbiters to marry
their attackers. In the limited number of cases that were investigated,
successful prosecutions of rapists were rare.
Despite increased attention to the problem, many women did not have
access to appropriate health care in the immediate aftermath of a rape
due to lack of adequate resources. The continuing stigma attached to
the victims of sexual violence and fear of coming forward prevented
many victims from accessing these limited services. Civil society and
religious communities worked to overcome the cultural stigma of rape to
help victims reintegrate into families that had rejected them. Ligue
Iteka, APRODH, and BINUB continued to encourage rape victims to press
charges and seek medical care, and international NGOs provided free
medical care in certain areas. The Government also raised awareness of
the problem through seminars and local initiatives describing the kinds
of medical care available. Some local NGOs advocated that cases of rape
be subject to community sanctions based upon the traditional justice
system of ``ubashingantahe.'' In addition to resolving problems such as
land disputes and resettlement of refugees and displaced persons, the
``ubashingantahe'' actively promoted respect for human rights and the
common good.
The law does not specifically prohibit domestic violence; however,
persons accused of domestic violence can be tried under assault
provisions. Domestic violence against women was common, although no
credible statistics were available. Police occasionally arrested
persons accused of domestic violence but released suspects within a few
days, with no further investigation. Wives have the right to charge
their husbands with physical abuse but rarely did so, although police
intervened on occasion and upon request.
The media reported many instances of degrading and violent
treatment of women by their husbands. These incidents included severe
beatings, mutilation, and being thrown into latrines. For example, on
October 12, a man in Cankuzo Province burned his wife's genitals and
stabbed her in the head with a spear, allegedly for producing only
female offspring. He was detained by the police. Although he had been
scheduled for a number of court appearances, at year's end the
assailant had not been charged.
The law prohibits prostitution and organized prostitution does not
exist to any significant degree.
The law does not specifically prohibit sexual harassment, but
violators can be prosecuted for similar offenses under public morality
laws. There were no known prosecutions during the year.
Despite constitutional protections, women continued to face legal,
economic, and societal discrimination and were often victims of
discriminatory practices with regard to credit and marital property
laws. By law women must receive the same pay as men for the same work,
but in practice they did not. Some enterprises suspended the salaries
of women while they were on paid maternity leave, and others refused
medical coverage to married female employees. Women were less likely to
hold mid-level or high-level positions in the workforce. There were
many female-owned businesses, particularly in Bujumbura.
Several local groups worked to support women's rights, including
the Collective of Women's Organizations and NGOs of Burundi, and Women
United for Development.
Children.--The law provides for children's health and welfare, but
the Government did not meet most of the needs of children, particularly
the large population of children orphaned by violence since 1993 and by
HIV/AIDS.
The failure of the Government to record all births resulted in
denial of some public services for unregistered children, as the
Government requires a birth certificate for access to free public
schooling and free medical care for children under five. Unmarried
women and victims of rape traditionally have been less likely to
register the birth of a child.
Schooling was compulsory up to age 12, and primary school was the
highest level of education attained by most children. Female illiteracy
remained a particular problem.
According to the latest statistics from UNICEF, 20,000 children
under the age of 15 were living with HIV/AIDS and more than 120,000
children were orphaned by AIDS.
Rape of minors was a widespread problem, but other child abuse was
not reported to be widespread.
The Government claimed it no longer recruited anyone under 18 years
of age into the military. However, the FNL continued to recruit
children into their ranks (See Section 1.g.).
The increasing prevalence of HIV/AIDS increased the number of
orphans. The total number of children orphaned from all causes was
almost 900,000, according to UNICEF.
According to the Ministry for National Solidarity, Human Rights,
and Gender, there were approximately 5,000 street children in the
country, many of them HIV/AIDS orphans; however, the Government was
unable to provide them with adequate medical and economic support and
relied on NGOs to provide such basic services.
Child prostitution existed but was not considered to be widespread.
Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons; however, traffickers can be prosecuted under
existing laws outlawing assault, kidnapping, rape, prostitution,
slavery, and fraud, but this was not widely understood among police.
The country was a source country for internal trafficking of
children for the purposes of soldiering and forced labor. While the FDN
claimed it no longer recruited or used child soldiers and punished
soldiers who used children to perform menial tasks, the trafficking of
child soldiers by the FNL remained a problem (See Section 1.g.).
There were no arrests of alleged traffickers. The Ministry of
National Solidarity and Human Rights, in cooperation with the
Ministries of Justice and Interior, is the lead agency on trafficking.
During the year the Ministry of Justice sent a team of lawyers to
Lebanon to investigate the whereabouts of approximately 60 young girls
who were previously trafficked to the Middle East. As a result, in
Lebanon a small number of Lebanese citizens were punished for their
involvement in the illegal labor scheme; however, a large-scale
prosecution of suspected traffickers was not pursued by the Lebanese
authorities.
The Ministry of National Solidarity and Human Rights, in
conjunction with the Government's Executive Secretariat for
Disarmament, Demobilization, and Reintegration, sponsored weekly radio
spots to educate citizens about the perils of trafficking.
In 2005 the Government created a department within the National
Police, the Brigade for the Protection of Minors, to protect children
against sexual exploitation. The brigade sought to protect children
against forced prostitution and helped some improve their living
conditions. The brigade has conducted 10 successful prosecutions of
individuals found to be abusing women and children through forced
prostitution since its inception.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against those with physical or mental disabilities, and
there were no reports that the Government failed to enforce this
provision regarding employment, education, or access to healthcare.
However, the Government had not enacted legislation or otherwise
mandated access to buildings or government services, such as education,
for persons with disabilities, in part due to a lack of resources.
National/Racial/Ethnic Minorities.--Discrimination against Hutus,
who constituted an estimated 85 percent of the population, occurred
less frequently during the year. The constitution requires ethnic
quotas for representation within the Government and in the military.
Hutus significantly increased their presence and power in the
Government following the 2005 elections. During the year significant
improvements were made in integration of primarily Hutu former
combatants into the security forces.
The minority Tutsis, particularly southern Tutsis from Bururi
Province, historically have held power and continued to dominate the
economy.
Indigenous People.--The Batwa, believed to be the country's
earliest inhabitants, represent less than 1 percent of the population
and generally remained economically, socially, and politically
marginalized. However, the Government has instituted several measures
to address the Batwa's traditional isolation. Each of the country's 117
administrative districts must provide free school books and health care
for all Batwa children. The Government also provides small acreages,
when possible, for Batwa who wish to become farmers and allocates them
approximately two acres of land per family, the average sized farmstead
of the country's rural poor.
Other Societal Abuses and Discrimination.--The constitution
specifically outlaws discrimination against those with HIV/AIDS or
other incurable illnesses. There were no reports of government-
sponsored discrimination against such individuals, although some
observers suggested the Government was not actively involved in
preventing societal discrimination.
The constitution bans marriage between individuals of the same sex.
Homosexuality is socially taboo, but overt discrimination against
homosexuals was minimal. The Government took no steps to counter
discrimination against homosexuals.
Section 6. Worker Rights
a. The Right of Association.--The constitution and the labor code
protect the right of workers to form and join unions without previous
authorization or excessive requirements, and although most workers
exercised this right in practice, the armed forces and foreigners
working in the public sector were prohibited from union participation.
The law does not cover the rights of state employees and magistrates.
The law prevents workers under the age of 18 from joining unions
without the consent of their parents or guardians. According to the
Confederation of Burundian Labor Unions (COSYBU), many private sector
employers systematically worked to prevent the creation of trade
unions, and the Government failed to protect private sector workers'
rights in practice. The relationship between the COSYBU and the
Government deteriorated during the year, and Ligue Iteka reported
widespread discriminatory hiring practices for government jobs, based
on applicants' political affiliations, despite a law prohibiting such
practices.
According to the COSYBU, less than 10 percent of the formal private
sector workforce was unionized, and an estimated 50 percent of the
public sector was unionized. Most citizens worked in the unregulated
informal economy, in which workers had little or no legal protection of
their labor rights. A survey conducted by the Statistical and Economic
Studies Institute showed that only 5 percent of informal sector workers
had written employment contracts.
The law provides workers with a conditional right to strike but
bans solidarity strikes and sets strict conditions under which a
general strike may occur. All peaceful means of resolution must be
exhausted prior to the strike; negotiations must continue during the
action, mediated by a mutually agreed-upon party or by the Government;
and six days' notice must be given to the employer and the Ministry of
Labor. Before a strike can occur, the ministry must determine whether
strike conditions have been met, which essentially gives it the power
to veto all strikes, according to the International Trade Union
Confederation (ITUC).
The labor code prohibits retribution against workers participating
in a legal strike. Four committee members of the state-owned Moso Sugar
Company's labor union were dismissed for organizing a peaceful strike
in April.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, but the
Government frequently interfered with unions and intimidated or
harassed their leaders. The law also recognizes the right to collective
bargaining, and it was freely practiced; however, wages are excluded
from the scope of collective bargaining in the public sector and were
set according to fixed scales, following consultation with unions.
Since most salaried workers were civil servants, government
entities were involved in almost every phase of labor negotiations.
Both the COSYBU and the Confederation of Free Unions represented labor
interests in collective bargaining negotiations, in cooperation with
individual labor unions. Civil servant unions must be registered with
the Ministry of Civil Service. There were no reliable statistics on the
percentage of workers covered by collective agreements.
The law prohibits antiunion discrimination; however, the Government
often failed to respect this right in the public sector. During the
year there were numerous instances of the Government intimidating,
imprisoning, or illegally transferring union workers. For example, the
leader of the state penitentiary workers' union was transferred in
April to another work site for criticizing sharp increases in
management salaries.
According to the ITUC, the Government often failed to protect
workers in the private sector from discrimination by employers.
On September 15, the vice president of the Justice Ministry's
Administrative Workers Union, Juvenal Rududura, was arrested or
allegedly ``lying'' during a television interview in which he
criticized government policies. At year's end he remained in detention
without any trial.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there
continued to be reports that it occurred.
There were many reports that FNL rebels forced rural populations to
perform uncompensated labor, such as transporting supplies and weapons,
and recruited children for labor.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code states that children under the age of 18 cannot be employed
by an enterprise, except for the types of labor the Ministry of Labor
determines to be acceptable, which include light work or
apprenticeships that do not damage children's health, interfere with
their normal development, or prejudice their schooling. However, the
Government did not effectively enforce these laws, and child labor
remained a problem. The legal age for most types of non-dangerous labor
is 18. Children under age 16 in rural areas regularly performed heavy
manual labor in the daytime during the school year. According to the
ITUC, the vast majority of children in the country worked during the
year.
Children were legally prohibited from working at night, although
many did so in the informal sector. Most of the population lived by
subsistence agriculture, and children were obliged by custom and
economic necessity to participate in subsistence agriculture, family-
based enterprises, and the other informal sector activity. Child labor
also existed in brick-making enterprises.
There continued to be reports of children in rural areas working on
family farms or performing household domestic labor. As in previous
years, there was no indication that children were trafficked for sex or
labor on an organized commercial basis.
The Ministry of Labor enforced child labor laws and had multiple
enforcement tools, including criminal penalties, civil fines, and court
orders. However, in practice the laws were seldom enforced. Due to a
lack of inspectors, the ministry enforced the law only when a complaint
was filed. The Government acknowledged no cases of child labor in the
formal sector of the economy but had conducted no child labor
investigations. In conjunction with UNICEF and NGOs, the Government
provided training for Ministry of Labor officials in enforcing child
labor laws.
During the year the Government supported international
organizations, several NGOs, and labor unions engaged in efforts to
combat child labor; efforts included care and training of demobilized
child soldiers.
e. Acceptable Conditions of Work.--The legal minimum wage for
unskilled workers continued to be 160 Burundian francs (approximately
$0.15) per day. However, in practice most employers paid their
unskilled laborers a minimum of approximately 1,500 Burundian francs
($1.30) a day. Such an income did not provide a decent standard of
living for a worker and family. Most families relied on second incomes
and subsistence agriculture to supplement their earnings. The
Department of Inspection within the Ministry of Labor is charged with
enforcing minimum wage laws, but there were no reports of enforcement
in recent years. The legal minimum wage had not been revised in many
years, and there were no known examples of employer violations. These
regulations apply to the entire workforce and make no distinction
between domestic and foreign workers.
The labor code stipulates an eight-hour workday and a 40-hour
workweek, except for workers involved in national security activities;
however, this stipulation was not always enforced in practice.
Supplements must be paid for overtime. There is no statute concerning
compulsory overtime, opportunities for which generally do not exist.
Rest periods include 30 minutes for lunch. There are no exceptions for
foreign or migrant workers.
The labor code establishes health and safety standards that require
safe workplaces. Enforcement responsibility rests with the Ministry of
Labor, which was responsible for acting upon complaints; however, there
were no reports of complaints filed with the ministry during the year.
Workers did not have the right to remove themselves from situations
that endangered health and safety without jeopardizing their
employment.
Small numbers of persons from the neighboring countries of the
Democratic Republic of Congo, Tanzania, and Rwanda worked in the
country but did not constitute a significant presence.
__________
CAMEROON
Cameroon, with a population of approximately 18 million, is a
republic dominated by a strong presidency. The country has a multiparty
system of government, but the Cameroon People's Democratic Movement
(CPDM) has remained in power since it was created in 1985. The
president retains the power to control legislation or to rule by
decree. In 2004 CPDM leader Paul Biya won reelection as president, a
position he has held since 1982. The election was flawed by
irregularities, particularly in the voter registration process, but
observers concluded that the election results represented the will of
the voters. The July 2007 legislative and municipal elections had
significant deficiencies in the electoral process, including barriers
to registration and inadequate safeguards against fraudulent voting,
according to international and domestic observers. Although civilian
authorities generally maintained effective control of the security
forces, security forces sometimes acted independently of government
authority.
The Government's human rights record remained poor, and it
continued to commit human rights abuses, particularly following
widespread February riots to protest increased food and fuel costs.
Security forces committed numerous unlawful killings. Security forces
also engaged in torture, beatings, and other abuses, particularly of
detainees and prisoners. Prison conditions were harsh and life
threatening. Authorities arrested and detained anglophone citizens
advocating secession, local human rights monitors and activists,
persons not carrying government-issued identity cards, and other
citizens. There were incidents of prolonged and sometimes incommunicado
pretrial detention and infringement on citizens' privacy rights. The
Government restricted citizens' freedoms of speech, press, assembly,
and association, and harassed journalists. The Government also impeded
citizens' freedom of movement. Other problems included widespread
official corruption; societal violence and discrimination against
women; female genital mutilation (FGM); trafficking in persons,
primarily children; and discrimination against pygmies, ethnic
minorities, indigenous people, and homosexuals. The Government
restricted worker rights and the activities of independent labor
organizations. Child labor, hereditary servitude, and forced labor,
including forced child labor, were problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed politically
motivated killings; however, throughout the year security forces
continued to commit unlawful killings. There were more of such reports
than in the previous year and the Government rarely prosecuted officers
responsible for using excessive force. The rise of unlawful killings by
security forces was mainly attributable to the armed forces' reaction
to the violent unrest that gripped Douala and dozens of other cities,
sparked by a combination of political and economic frustrations. The
Government reported at least three unlawful security force killings
during the year.
During the February riots, which spread to 31 localities including
Yaounde and Douala, and the subsequent government crackdown, security
forces shot and killed demonstrators and rioters. While the Government
reported 40 persons killed, nongovernmental organizations (NGOs) such
as La Maison des Droits de l'Homme, stated that security forces killed
over 100 persons (See Section 2.b.).
There were no new developments in the following 2007 security force
killings: the January police shooting of Michele Therese Sename Bella;
the suicide of police officer William Etenga, who killed a taxi driver;
the police shooting of two taxi drivers in Bamenda; and the shooting of
three M'bororo men in Garoua by gendarmes.
There were reports of prisoners dying in custody due to security
force abuse during the year.
There were new developments in the 2006 killing of Gregoire
Diboule, allegedly by Ni John Fru Ndi, chairman of the Social
Democratic Front (SDF), and 21 other SDF officials who belonged to a
competing party faction. On November 5, the Mfoundi (Yaounde) High
Court released 21 detainees due to their illegal pretrial detention.
The court also ruled that the incarceration and arraignment of Mbah
Justice Mbah, one of the co-accused, was illegal and acquitted him.
However, the court did not dismiss the case and first hearings, which
began on December 3, were subsequently delayed until February 26, 2009.
During the year societal violence and summary justice against
persons suspected of theft continued to result in deaths. For example,
the press reported 13 deaths during the year from mob violence or
summary justice while in 2007 the press reported three deaths from such
beatings and burning by security forces. In 2006 the press reported 43
reported deaths.
In late January an angry crowd in Tatum, a small locality in Bui
Division in the North West Region, burned to death three bandits who
had escaped from custody and tried to commit armed robbery; attempts by
gendarmes to rescue the three thieves failed. No action had been taken
against the perpetrators by year's end.
During the year mob violence was attributed in part to public
frustration over police ineffectiveness and the release without charge
of many individuals arrested for serious crimes.
There were no new developments in the January 2007 mob violence and
summary justice-related case of Walters Akwafe.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were credible reports that security forces tortured, beat, and
otherwise abused prisoners and detainees, including demonstrators and a
human rights worker arrested during the February riots. The Government
rarely investigated or punished any of the officials involved.
In a March 5 interview with La Nouvelle Expression newspaper,
barrister Joseph Lavoisier Tsapy, a lawyer in West Region and a member
of the Liberty and Human Rights League, described the treatment that
security forces inflicted on individuals arrested during the February
riots. Security forces repeatedly stripped, beat, and dumped detainees
into ashes from burned tires and broken glass, resulting in numerous
injuries (See Section 2.b.). At year's end the Liberty and Human Rights
League and other human rights organizations, in association with the
parents and families of the victims, were still compiling information
for a formal complaint.
There were reports that security forces detained persons at
specific sites where they tortured and beat detainees. Security forces
also reportedly subjected women, children, and elderly persons to
abuse. For example, on March 4, during his trial in Douala, Bernard
Songo, a student from the University of Douala arrested during the
February riots, reported that police officers severely beat him and two
co-detainees in the judicial police precinct cells. Journalists
covering the trial reported that evidence of the beatings was visible
on the victims' bodies.
Numerous international human rights organizations and some prison
personnel reported that torture was widespread, but most reports did
not identify the victims for fear of government retaliation or because
of ignorance of, or lack of confidence in, the judicial system.
In Douala's New Bell Prison and other nonmaximum security penal
detention centers, prison guards inflicted beatings, and prisoners were
reportedly chained or at times flogged in their cells. Authorities also
administered beatings in temporary holding cells within police or
gendarme facilities.
Security forces reportedly subjected prisoners and detainees to
degrading treatment, including stripping them, confining them in
severely overcrowded cells, denying them access to toilets or other
sanitation facilities, and beating them to extract confessions or
information about alleged criminals. Pretrial detainees reported that
prison guards sometimes required them, under threat of abuse, to pay
``cell fees,'' a bribe paid to prison guards to prevent further abuse.
On February 26, during a visit to the Yaounde Kondengui Central
Prison, Divine Chemuta Banda, chairman of the National Commission on
Human Rights and Freedoms (NCHRF), learned that many of the SDF
militants incarcerated in 2006 in connection with the death of Gregoire
Diboule had been treated inhumanely and denied medical care.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening. Prisons were seriously overcrowded and
unsanitary. The Government did not provide funds to improve serious
deficiencies in food, health care, and sanitation, which were common in
all prisons. However, following significant press coverage of prison
conditions and subsequent riots and escape attempts, the Government
financed the construction of new prisons across the country including
one in Yaounde and one in Moulvoudaye, Far North Region, both of which
were operational by year's end.
Prisoners were kept in dilapidated, colonial-era prisons, where the
number of inmates was as much as four to five times the intended
capacity. Overcrowding was exacerbated by the large number of long
pretrial detentions. Government officials accused of corruption were
held in separate quarters and received special treatment. Some NGOs
released a report claiming that cells meant for 30 or 40 persons held
more than 100 detainees.
Health and medical care were almost nonexistent in prisons and
detention cells located in gendarmeries and police stations. There were
reports that prisoners died due to a lack of medical care.
Prisoners also died as a result of inmate abuse. For example, on
January 13, prisoners in the New Bell Prison tried to lynch Ahmend
Aliou, who subsequently died in his cell because prison wardens did not
provide medical assistance. No action had been taken against prison
officials by year's end. On January 14, following the lynching of a
prisoner, the superintendent of the Douala New Bell Prison told the
press that overcrowding, a lack of segregation within the prison
populations, and inhuman detention conditions were the major reasons
behind the frequent prison violence. Local NGOs added abysmal food,
rampant corruption, and sexual abuse as contributing factors. In early
August the Action of Christians for the Abolition of Torture (ACAT), an
NGO that regularly visits prisoners, characterized New Bell Prison as
``hell on earth.''
Prisoners' families were expected to provide food for their
relatives in prison. New Bell Prison contained seven water taps for
approximately 3,500 prisoners, contributing to poor hygiene, illness,
and death.
Individuals incarcerated in the Douala New Bell prison for
homosexual acts suffered discrimination and violence from other
inmates.
Corruption among prison personnel was widespread. Prisoners bribed
wardens for special favors or treatment, including temporary freedom.
There were two separate prisons for women. There were also a few
pretrial detention centers for women; however, women routinely were
held in police and gendarmerie complexes with men, occasionally in the
same cells. Mothers sometimes chose to be incarcerated with their
children while their children were very young or if they had no other
child care option. The Secretary of State in charge of penitentiary
administration acknowledged this was a serious problem and on September
24, stated at a training on detainee rights that, ``Cameroonian prisons
should no longer be perceived or managed as places of repression,
torture, or various other abuses.''
Juvenile prisoners were often incarcerated with adults,
occasionally in the same cells or wards. There were credible reports
that adult inmates sexually abused juvenile prisoners.
Pretrial detainees routinely were held in cells with convicted
criminals.
Some high-profile prisoners were separated from other prisoners and
enjoyed relatively lenient treatment.
Authorities held adult men, juveniles, and women together in
temporary detention centers where detainees usually received no food,
water, or medical care. Overcrowding was common. Detention center
guards accepted bribes from detainees in return for access to better
conditions, including permission to stay in an office instead of a
cell. Detainees whose families were informed of their incarceration
relied on their relatives for food and medical care.
In the North and Extreme North regions, the Government continued to
permit traditional chiefs, or Lamibe, to detain persons outside the
Government penitentiary system, in effect creating private prisons.
Many citizens turned to the Lamibe for dispute resolution. Within the
palaces of the traditional chiefdoms of Rey Bouba, Gashiga, Bibemi, and
Tcheboa, there were private prisons that had reputations for serious
abuse.
In 2007 there was a report that a Lamido used law enforcement
officials to extort money and confiscate cattle from citizens.
Authorities held these citizens without access to an attorney for days
or weeks, and then sent them to trial in Garoua, where the charges
would routinely be dismissed.
The Government permitted international humanitarian organizations
access to prisoners. Both the local Red Cross and the NCHRF made
infrequent, unannounced prison visits during the year. The Government
continued to allow the International Committee of the Red Cross (ICRC)
to visit prisons.
On September 23, the directors of the prisons in Douala and Yaounde
released new figures indicating that the Douala New Bell Prison,
originally built for approximately 800 inmates, now held 4,000
detainees. The Yaounde Kondengui Prison, originally built for
approximately 700 inmates, held 3,500 prisoners. In October
penitentiary authorities in Bamenda publicly stated that 700 detainees
occupied the prison initially intended to hold less than 50 prisoners.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, security forces
continued to arrest and detain citizens arbitrarily.
Role of the Police and Security Apparatus.--The national police,
the National Intelligence Service (DGRE), the Ministry of Defense, the
Ministry of Territorial Administration, and, to a lesser extent, the
Presidential Guard are responsible for internal security. The Ministry
of Defense, which includes the gendarmerie, the army, the army's
military security unit, and the DGRE, are under an office of the
presidency, resulting in strong presidential control of security
forces. The national police include the public security force, judicial
police, territorial security forces, and frontier police. The national
police and the gendarmerie have primary responsibility for law
enforcement. In rural areas, where there is little or no police
presence, the primary law enforcement body is the gendarmerie.
Police were ineffective, poorly trained, underpaid, and corrupt.
Impunity was a problem.
Individuals reportedly paid bribes to police and the judiciary to
secure their freedom. Police demanded bribes at checkpoints, and
influential citizens reportedly paid police to make arrests or abuse
individuals involved in personal disputes.
Citizens viewed police as ineffective, which frequently resulted in
mob justice (See Section 1.a.).
In August the president signed decrees creating police stations and
appointing police personnel in the Bakassi area, a region returned from
Nigeria in August. In 2007 Mebe Ngo'o, the general delegate for
National Security, created new mobile police units and precincts in
Yaounde and Douala to improve professionalism and increase police
visibility. During the year investigations resulted in sanctions
against more than 50 police officers including corruption,
falsification of official documents, abuse of authority, use of
excessive force, extortion of money, arbitrary arrest, blackmailing,
and aggravated theft.
On February 13, Mebe Ngo'o suspended Police Commissioner Francois
Xavier Minyem, the officer in charge of inspecting units at the
Littoral Provincial Delegation, for three months without pay for
corruption.
On April 22, Mebe Ngo'o suspended Senior Police Commissioner Simon
Menzouo of the East Region Judiciary Police, for corruption and the
embezzlement of property seized as evidence.
On May 15, he also sanctioned Francis Melone Mbe, the director of
border police, for corruption in connection with the issuance of
passports.
In late August dozens of police officers completed a three-month
training seminar that included citizens' rights, human rights, and
individual freedoms.
Arrest and Detention.--The law requires police to obtain an arrest
warrant except when a person is caught in the act of committing a
crime; however, police often did not respect this right in practice.
The law provides that detainees must be brought promptly before a
magistrate; however, this frequently did not occur. Police legally may
detain a person in connection with a common crime for up to 24 hours
and may renew the detention three times before bringing charges;
however, police occasionally exceeded these detention periods. The law
permits detention without charge by administrative authorities such as
governors and senior divisional officers for renewable periods of 15
days. The law also provides for access to counsel and family members;
however, detainees were frequently denied access to both legal counsel
and family members. The law permits bail, allows citizens the right to
appeal, and provides the right to sue for unlawful arrest, but these
rights were seldom exercised.
Unlike in previous years, there were no reports that police and
gendarmes arrested persons on spurious charges on Fridays at mid-day or
in the afternoon. While the law provides for judicial review of an
arrest within 24 hours, the courts did not convene on weekends, so
individuals arrested on a Friday typically remained in detention until
Monday at the earliest. Police and gendarmes made such ``Friday
arrests'' after accepting bribes from persons who had private
grievances. There were no known cases of policemen or gendarmes being
sanctioned or punished for this practice. Security forces and
government authorities reportedly continued to arbitrarily arrest and
detain persons, often holding them for prolonged periods without
charges or trial and, at times, incommunicado. However, there were
fewer such cases reported than in 2006.
During the February riots security forces arrested 1,671 persons
around the country according to March figures released by the Ministry
of Justice (See Section 2.b.). NGOs claimed the number was higher and
reported that security forces arrested scores of onlookers not directly
involved in demonstrations or rioting.
For example, on February 25, Yaounde gendarmes arrested Andre
Blaise Essama, a computer specialist. In a June 18 interview with Le
Messager newspaper, Essama explained that after leaving a business
meeting, his route took him close to a demonstration. He pulled out his
camera and started taking pictures. Emmanuel Anyon, a plainclothes
gendarme officer, stopped Essama and took him to the gendarmerie
headquarters where he was interrogated and subsequently incarcerated on
charges of disturbing public order and looting. On March 20, the court
released Essama due to the erroneous charges. Essama filed a complaint
against the two gendarme officers, but no action had been taken by
year's end.
On March 1, gendarmes of the Secretariat of State for Defense used
excessive force to arrest singer Joe Kameni, alias Joe La Conscience,
and his friend Leon Tengue, in front of a foreign embassy in Yaounde.
The two men had been on a hunger strike to protest the Government's
closing of Radio Equinoxe and Equinoxe TV in Douala (See Section 2.a.).
On March 19, the Yaounde Court of First Instance sentenced Kameni and
Tengue to six months in jail for illegal assembly and demonstration. On
May 20, the president granted both men amnesty as part of a larger
amnesty benefitting those convicted in the wake of the February unrest.
Other high-profile arrests during the year included Mboua Massok, a
political activist arrested in Douala in January disturbing public
order, and Lapiro de Mbanga, a popular singer arrested in Loum,
Littoral Region in April for fomenting riots and looting. The police
released Massok several hours after his arrest. On September 24, the
Mungo Court sentenced Lapiro (an alias for Pierre Roger Lambo Sandjo)
to three years' imprisonment a 277,000 CFA ($554,000) fine for his role
in fomenting disorder and destruction of private and state property.
However, his appeal trial was postponed until January 2009.
Police arbitrarily arrested persons without warrants during
neighborhood sweeps for criminal and stolen goods. Citizens are
required to carry identification with them at all times and police
frequently arrested persons without identification during sweeps.
Prolonged pretrial detention was a serious problem. The criminal
procedure code provides for a maximum of 18 months' detention before
trial. However, according to government statistics released during the
year, 70 percent of the 23,000 inmates held in the country were
awaiting trial. In May the Cameroon Bar Association indicated that many
of these inmates had been awaiting trial for five to 10 years. The high
number of pretrial detainees was due in part to the complexity of
cases, staff shortages, and corruption. The bar association linked
longer detention periods to a shortage of lawyers and an inadequate
tracking system that resulted in frequent loss of files.
The law specifies that, after an investigation has concluded,
juveniles should not be detained without trial for longer than three
months. In practice the Government detained juveniles for longer
periods of time. In December 2007 Foyer d'Esperance, an NGO based in
Yaounde, reported that several juveniles were detained in the Yaounde
Central Prison for between six months and one year.
In recent years there have been reports that some prisoners were
kept in prison after completing their sentences or having been released
under a court ruling.
Amnesty.--On May 20, President Biya granted amnesty to hundreds of
persons convicted for their participation in the February riots as well
as other detainees, including 74 demonstrators in Douala, 61 in
Yaounde, and 36 in Bamenda. The presidential pardons did not release
those detainees whose appeals were still pending at year's end.
In May the superintendents of the Yaounde and Douala prisons stated
that, despite their presidential amnesty, hundreds of prisoners would
remain in jail until their court fees and damages were paid.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judiciary remained subject
to executive influence, and corruption and inefficiency remained
serious problems. The court system is subordinate to the Ministry of
Justice. The constitution names the president as ``first magistrate,''
thus ``chief'' of the judiciary and the theoretical arbiter of any
sanctions against the judiciary; however, the president has not filled
this role. The constitution specifies that the president is the
guarantor of the legal system's independence. He also appoints all
judges with the advice of the Higher Judicial Council. However, the
judiciary showed modest signs of growing independence. In September the
Supreme Court nullified six municipal elections conducted in November
2007, including some involving senior CPDM officials.
The court system includes the Supreme Court, a court of appeals in
each of the 10 regions, and courts of first instance in each of the
country's 58 divisions.
The legal system includes both national and customary law, and many
criminal and civil cases can be tried using either one. Criminal cases
are generally tried in statutory courts, and customary court
convictions involving witchcraft are automatically transferred to the
statutory courts, which act as the court of first instance. Customary
law, used in rural areas, is based upon the traditions of the ethnic
group predominant in the region and is adjudicated by traditional
authorities of that group. Customary law is deemed valid only when it
is not ``repugnant to natural justice, equity, and good conscience.''
However, many citizens in rural areas remained unaware of their rights
under civil law and were taught that they must abide by customary laws.
Customary law ostensibly provides for equal rights and status; however,
men may limit women's rights regarding inheritance and employment, and
some traditional legal systems treat wives as the legal property of
their husbands.
Customary courts served as a primary means for settling family-
related civil cases, such as in matters of succession, inheritance, and
child custody. Customary courts may exercise jurisdiction in a civil
case only with the consent of both parties. Either party has the right
to have a case heard by a statutory court and to appeal an adverse
decision by a customary court to the statutory courts.
Military tribunals may exercise jurisdiction over civilians when
the president declares martial law and in cases involving civil unrest
or organized armed violence. Military tribunals also have jurisdiction
over gang crimes, banditry, and highway robbery. The Government
interpreted these guidelines broadly and sometimes used military courts
to try matters concerning dissident groups who used firearms.
Trial Procedures.--The law provides for a fair public hearing in
which the defendant is presumed innocent. There is no jury system.
Defendants have the right to be present and to consult with an attorney
in a timely manner. Defendants generally were allowed to question
witnesses and to present witnesses and evidence on their own behalf.
Defendants also had access to government-held evidence relevant to
their cases. Because appointed attorneys received little compensation,
the quality of legal representation for indigent clients often was
poor. The bar association and some voluntary organizations, such as the
Cameroonian Association of Female Jurists, offered free assistance in
some cases. Defendants could appeal their cases.
Lawyers and human rights organizations observed several violations
of the criminal procedure code in the Government's response to the
February unrest. Some detainees in police or gendarmerie cells did not
receive medical assistance or access to an attorney. Jean de Dieu Momo,
a human rights lawyer, and ACAT representative Madeleine Afite
publically denounced these violations. Afite stated that arrested
minors received no assistance from their parents, attorneys, or human
rights organizations, as is mandated by the code.
Judges tried persons en masse, while the law provides for
individual trials.
For example, on March 3, the Douala-Ndokoti First Instance Court
tried dozens of young men with no legal representation. No lawyer
assisted any of the defendants. Informed of the situation by lawyers
who were in the court house for other matters, Charles Tchoungang,
chairman of the Cameroon Bar Association, demanded that the trials be
suspended until the bar association could commit lawyers to assist
them. The judge agreed to adjourn the trial, which resumed the
following day with proper representation.
On March 4, police detained 155 youth for allegedly participating
in the February riots and brought them before the Douala Court of First
Instance dirty and dressed only in their underwear. Their lawyers,
including human rights lawyer Alice Nkom, stated that the defendants
had endured beatings and humiliating treatment while in custody. In
response to the lawyers' protests, the presiding magistrate ordered
that the defendants be dressed before the trial could begin. These
individuals benefitted from President Biya's May 20 amnesty.
Corruption also marked some of the trials. According to several
press reports, judicial authorities accepted illegal payments from
detainees' families in exchange for a reduction in sentence or the
outright release of their relatives, including juveniles. Political
bias by judges (often instructed by the Government) frequently stopped
trials or resulted in an extremely long process with extended court
recesses. Many powerful political or business interests enjoyed virtual
immunity from prosecution and some politically sensitive cases were
settled through bribes.
Political Prisoners and Detainees.--There were reports of political
detainees, which included anglophone citizens advocating secession
through an illegal organization.
During the year the Government continued to detain two individuals
widely considered by human rights NGOs to be political prisoners
because of irregularities in their trials and restricted access to
counsel. Titus Edzoa, former minister of health and long-time aide to
President Biya, and Michel Thierry Atangana, Edzoa's 1997 campaign
manager, were arrested in 1997, three months after Edzoa resigned from
government and launched his candidacy for president. They were
convicted on charges of embezzling public funds and sentenced to 15
years in prison.
Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent civil judiciary; however, the judiciary
remained subject to executive influence, and corruption and
inefficiency remained serious problems.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions;
however, these rights were subject to the ``higher interests of the
state,'' and there were credible reports that police and gendarmes
harassed citizens, conducted searches without warrants, and opened or
seized mail with impunity. The Government continued to keep some
opposition activists and dissidents under surveillance. Police
sometimes detained family members and neighbors of criminal suspects.
The law permits a police officer to enter a private home during
daylight hours without a warrant if he is pursuing a criminal suspected
of committing a crime. A police officer may enter a private home at any
time in pursuit of a criminal observed committing a crime.
During the year police put the houses of Southern Cameroons
National Council (SCNC) officials and activists under surveillance,
searched the houses of some SCNC leaders, and disrupted SCNC meetings
in private residences. The SCNC is an anglophone group the Government
considers illegal because it advocates secession.
A prominent human rights organization in Yaounde also reported that
security forces ransacked its offices during the February unrest.
An administrative authority may authorize police to conduct
neighborhood sweeps without warrants. Such sweeps at times involved
forced entry into homes in search of suspected criminals or stolen or
illegal goods. Security forces sometimes sealed off a neighborhood,
systematically searched homes, arrested persons, sometimes arbitrarily,
and seized suspicious or illegal articles. In December security forces
conducted sweeps in the Douala neighborhoods of Akwa and Douala III
(Logbaba). During the operation, they seized stolen equipment including
electrical and telephone wires stolen from public installations and
arrested suspects.
Citizens without ID cards were detained until their identity could
be established and then released. Several complained that police
arbitrarily seized electronic devices and cell phones. Some registered
their complaints with the police. Following the December raids in
Douala, several persons who were arrested or whose houses were searched
publicly complained about the motives of the security forces.
There continued to be accusations, particularly in the North and
Far North regions, that traditional chiefs arbitrarily evicted persons
from their land. In June in Bogo, Diamare Division, Far North Region, a
villager filed a complaint to a local human rights NGO about the
traditional ruler who seized his land. There was no further development
by year's end.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, the Government continued to restrict
these rights in practice. The Government arbitrarily arrested and
detained journalists. Senior members of the Government and the CPDM
used their positions to harass journalists and encourage their arrest
and detention. The Government enforced media regulations irregularly,
often implementing arduous requirements selectively to regime critics.
This often created an environment of self-censorship for journalists
and media outlets. Government officials used expansive libel laws to
persecute journalists who criticized them.
On September 4, Michel Mombio, editor of the independent newspaper
L'Ouest Republican was arrested in Bafoussam and charged with fraud,
attempted blackmail, and libel after he wrote an article criticizing
cabinet officials. Mombio was held incommunicado for two days and
transferred without hearing to Yaounde, where he awaited trial at
year's end. Police arrested at least three other journalists reporting
on high level corruption during the year and detained them under
similar circumstances.
Individuals generally were able to criticize the Government
publicly and privately without being subjected to government reprisal.
However, there were numerous examples where government officials
threatened, harassed, or denied equal treatment to individuals or
organizations who criticized government policies or expressed views at
odds with government policy.
For example, human rights activist Madeleine Afite reported threats
from officials and anonymous callers in response to her assessment that
more fatalities occurred during the February riots and subsequent
government crackdown than the Government acknowledged.
In March the youth organization Conseil Patriotique et Populaire de
la Jeunesse (CPPJ) received threatening calls from military officials
after releasing a statement asking government to address the socio-
political issues underlying the February unrest. Security officials
held incommunicado at least one CPPJ member who had signed the
statement. The individual was subsequently released without charges.
The Government published the daily newspaper the Cameroon Tribune.
The newspaper did not report extensively on protests or political
parties critical of the Government, overtly criticize the ruling party,
or portray government programs in an unfavorable light.
During the year approximately 200 privately owned newspapers were
published; however, most appeared irregularly, primarily due to lack of
funding. Only an estimated 25 were published on a regular basis.
Newspapers were distributed primarily in urban areas, and most
continued to criticize the Government and report on controversial
issues, including corruption, human rights abuses, homosexuality, and
economic policies.
The Government continued to disburse official funds to support
private press outlets during the year. According to media reports, the
Government awarded funding selectively to outlets that were less
critical of the Government and with instructions to provide reporting
favorable to the regime.
The Government interfered with private broadcast, print, and radio
media during the year.
Journalists were more subject to arrest, harassment, and
intimidation than in the previous year. For example, security forces in
the wake of the February unrest, acting under the command of local
provincial government officials, restricted press freedom by arresting,
detaining, physically abusing, threatening, and otherwise harassing
journalists.
On February 12, gendarmes of Zoetele arrested Jean-Bosco Talla, the
publisher of Le Front, a Yaounde biweekly newspaper, and his colleague
Simon Djomo. Talla and Djomo were reporting on the unusual wealth of
senior government officials from Zoetele when gendarmes bound and
blindfolded them. Gendarmes secretly moved Talla and Djomo from Zoetele
to Douala and back to Zoetele without charges or allowing them to
contact a lawyer or family for approximately 24 hours. Gendarmes
subsequently released them without charges.
On March 3, security forces in Yaounde who were reportedly members
of Military Security (SEMIL) arrested Jacques Blaise Mvie, the
publisher of La Nouvelle Presse newspaper. The same day the newspaper
published an article on an alleged coup attempt and cited Minister of
Defense Remy Ze Meka. Following his release three days later, Mvie
alleged that Ze Meka had ordered the arrest. On March 6, SEMIL arrested
Mvie again and interrogated him for several hours. The director of
SEMIL told reporters that the rearrest was a normal procedure because
Mvie incriminated them when he stated that SEMIL originally arrested
him. SEMIL subsequently released Mvie, and no charges were filed by
year's end.
On September 9, the independent daily newspaper La Nouvelle
Expression reported that gendarmes apprehended and detained Michel
Mombio on September 4 after his newspaper, L'Ouest Republican, printed
articles critical of Madeleine Tchuente, the minister of scientific
research and innovation, and Jacques Fame Ndongo, the minister of
higher education. Police transferred Mombio to Yaounde, where he
remained in prison at year's end, awaiting trial scheduled for early
2009.
Radio remained the most important medium reaching most citizens.
There were approximately 70 privately owned unofficial radio stations
operating in the country, three-fourths of them in Yaounde and Douala.
The state-owned CRTV broadcasts on both television and radio. In August
2007 the Government issued the first licenses to two private
televisions, STV and Canal 2 International, one private radio, Sweet
FM, and one cable television network, TV+. The Government levied taxes
to finance CRTV programming, which allowed CRTV a distinct advantage
over independent broadcasters.
The Government required nonprofit rural radio stations to submit an
application to broadcast, but they were exempt from paying licensing
fees. Potential commercial radio and television broadcasters must
submit a licensing application and pay an application fee when the
application is submitted. Once the license is issued, stations must
then pay an annual licensing fee, which was expensive for some
stations. Although the Government did not issue new broadcast licenses
during the year, companies operated without them.
On February 21, the minister of communication indefinitely
suspended broadcasts by Radio Equinoxe and Equinoxe TV, two Douala-
based media outlets belonging to the same independent media group.
Officially, the minister discontinued the broadcasts because the owners
had failed to pay the broadcasting licenses fee. However, most
broadcast stations defaulted on these payments and continued to operate
legally. National and international observers concluded that the
suspensions were politically motivated because the two outlets
broadcast critical views of President Biya's removal of constitutional
term limits. On July 4, the minister lifted the suspension after the
stations had paid 40 million CFA ($80,000) of the required 100 million
CFA ($200,000) fees.
On February 28, in an attempt to impose content restrictions,
Minister of Communication Jean-Pierre Biyiti Bi Essam urged the owners
of electronic media to use an ``appeasement tone'' in their coverage of
the riots. On the same day, the broadcast of ``Magic Attitude,'' a
popular daily interactive program of the Yaounde-based Magic FM (a
partner of the Voice of America), was suspended. Gendarmes raided the
premises of the station without a warrant, interrupted programs, and
removed all broadcasting equipment. The media reported that the raid
was illegal because the minister of communication had not taken action
against Magic FM, and the minister of defense (who commands gendarmes)
had not authorized the raids. On July 4, the minister of communication
lifted the ban; however, the seized equipment was never returned.
Unlike in the previous year, the National Communications Council,
whose members were appointed by the president to review broadcasting
license applications, did not meet. In addition, an official suspended
the technical committee that reviews license applications and stated
that it would not reconvene until the Government reopened the
previously closed media outlets. Several low-power, rural community
radio stations functioned with funding from the UN Educational,
Scientific, and Cultural Organization and foreign countries. The
Government prohibited these stations from discussing politics.
The law permits broadcasting by foreign news services but requires
them to partner with a national station. The BBC, Radio France
International, and Africa1 broadcast in partnership with CRTV.
Television had lower levels of penetration than print media but was
more influential in shaping public opinion. The Government closed Radio
Equinox for its harsh criticism of the regime. The other five
independent television stations skirted criticism of the Government,
although their news broadcasts sometimes focused on poverty,
unemployment, and poor education, pointing to the role of government
neglect and corruption.
During the year CRTV management continued to instruct staff to
ensure that government views prevailed at all times during their
coverage.
The Government was the largest advertiser in the country. Some
private media enterprises reported that government officials used the
promise of advertising (or the threat of withholding it) to influence
reporting of the Government's activities.
The Government and government officials used strict libel laws to
suppress criticism. These laws authorize the Government, at its
discretion and the request of the plaintiff, to criminalize a civil
libel suit or to initiate a criminal libel suit in cases of alleged
libel against the president and other high government officials; such
crimes are punishable by prison terms and heavy fines. The libel law
places the burden of proof on the defendant. Government officials
abused this law to keep local journalists from reporting on corruption
and abusive behavior. In 2006 various government members and senior
government officials filed nine libel suits against journalists. During
the year seven government officials filed libel suits against
journalists.
On June 7, the International Federation of Journalists asked the
Government to stop intimidating journalists, especially those covering
corruption scandals.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. The
Internet was available and used by citizens, although access was
limited by cost and slow connections.
Academic Freedom and Cultural Events.--Although there were no legal
restrictions on academic freedom, state security informants reportedly
operated on university campuses. Professors said that participation in
opposition political parties or public discussion of politics critical
of the Government could adversely affect their professional
opportunities and advancement.
Security officials harassed musical entertainers during the year
for singing songs that were derogatory to government officials.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly; however, the
Government restricted this right in practice, particularly during and
after the February demonstrations and riots.
The law requires organizers of public meetings, demonstrations, or
processions to notify officials in advance but does not require prior
government approval of public assemblies and does not authorize the
Government to suppress public assemblies that it has not approved in
advance. However, officials routinely asserted that the law implicitly
authorizes the Government to grant or deny permission for public
assembly. Consequently, the Government often did not grant permits for
assemblies organized by persons or groups critical of the Government
and used force to suppress public assemblies for which it had not
issued permits.
Authorities refused to grant the SCNC permission to hold rallies
and meetings, and security forces arrested and detained some activists.
Security forces forcibly disrupted the demonstrations, meetings,
and rallies of citizens, trade unions, and groups of political
activists throughout the year; demonstrators were injured, arrested,
and killed.
On December 10, police forces confronted a group who had gathered
in front of the Yaounde headquarters of l'Association Citoyenne de
Defense des Interets (ACDIC). They arrested ACDIC President Bernard
Njonga and at least a dozen other individuals. Police injured Theophile
Nono and he required medical attention due to a head laceration. The
police justified their actions by stating that ACDIC had not received
approval for a gathering and that the gathering blocked a public
street. Njonga was released on bail and was scheduled to appear in
court in on charges of disturbing public order and conducting an
unauthorized rally the following month.
On January 15, Fai Yengo Francis, the governor of Littoral Region,
banned any public rallies and demonstrations in the region. The
governor used the preservation of public order as a justification for
his decision. Local and international observers claimed that the ban
prevented opposition parties and anticonstitutional reform activists
from exercising their rights. The ban was not applied to public events
in support of the Government and CPDM. Due to public criticism, the
governor lifted the ban on July 29.
On January 19, the Sous-Prefet of Dschang, in the West Region,
banned a rally organized by the Union of the Peoples of Cameroon, an
opposition party, to commemorate the 37th anniversary of the death of
one of its major leaders.
On February 13, in the Bessengue neighborhood the Douala GMI
disrupted an SDF march to protest against constitutional reform. The
police used water cannon, trucks, and tear gas to disperse
demonstrators in addition to beatings with rubber batons.
During the February riots, which spread to 31 localities including
Yaounde and Douala, and the subsequent government crackdown, security
forces shot and killed demonstrators and rioters. While the Government
reported 40 persons killed, NGOs such as La Maison des Droits de
l'Homme claimed that security forces killed over 100 persons.
For example, on February 23, Douala police shot and killed Lovet
Ndima Tingha, a meat vendor, while police attacked a crowd gathered for
a march organized by the SDF leading opposition party. The march
protested President Biya's intention to remove constitutional term
limits. The press reported that SDF organizers had decided to disband
for fear of violence and that police attacked while the crowd
dispersed. Human rights organizations assisted Tingha's family in
filing a complaint against the police; no further information was
available at year's end.
On February 26, GMI police officers in Bafoussam, West Region,
responding to a violent demonstration, shot and killed 23-year-old
Emanuel Tantoh. Human rights NGOs assisted Tantoh's family in filing a
complaint against the police; however, no other information was
available by year's end.
No action was taken against security forces responsible for deaths
and injuries as a result of the forcible dispersion of demonstrators in
2006 or 2007.
There were no new developments in the September 2007 case in which
a senior divisional officer and his deputy reportedly shot and killed
high school students Jean Jores Shimpe Poungou Zok and Marcel Bertrand
Mvogo Awono in Abong-Mbang, East Region during a demonstration against
a four-month absence of electricity in the town. The Government
promised an investigation.
The trial continued during the year in the 2006 case of four
leaders of the Association for the Defense of Students' Interests, who
were charged with rebellion and disturbance of public order.
Freedom of Association.--The law provides for freedom of
association, but the Government limited this right in practice.
The conditions for government recognition of political parties,
NGOs, or associations are arduous, interminable, and unevenly enforced.
The process forced most associations to operate in uncertainty, in
which their activities were tolerated but not formally approved.
The law prohibits organizations who advocate for any type of
secession, leading government officials to disrupt meetings of the SCNC
on the grounds that the purpose of the organization rendered their
meetings illegal.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
The practice of witchcraft is a criminal offense under the law;
however, individuals generally were prosecuted for this offense only in
conjunction with another offense, such as murder. Witchcraft
traditionally has been a common explanation for diseases of unknown
cause.
Societal Abuses and Discrimination.--The Jewish community was very
small, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Although the constitution and law
provide for freedom of movement within the country, foreign travel,
emigration, and repatriation, security forces routinely impeded
domestic and international travel during the year.
In the wake of the February riots, roadblocks and checkpoints
manned by security forces proliferated in cities and on most highways,
where extortion of small bribes and harassment were commonplace. Police
frequently stopped travelers to check identification documents, vehicle
registrations, and tax receipts as security and immigration control
measures. However, there were credible reports that police arrested and
beat individuals who failed to carry their identification cards as
required by law.
Foreign travel is generally respected. However, there was at least
one case of foreign travel restriction.
On March 2, DGRE officers arrested SDF parliamentarian Jean Michel
Nintcheu from Littoral Region at the Douala International Airport,
while he was about to travel to France. Despite Nintcheu's
parliamentary immunity, the DGRE officers confiscated his passport but
released him after an hour of detention and without any formal charges.
On June 10, officials returned Nintcheu's passport to him.
The law prohibits forced exile, and the Government did not use it;
however, some human rights monitors and political opponents who had
departed the country because considered themselves threatened by the
Government remained outside of the country, declaring themselves to be
in political exile.
Internally Displaced Persons (IDPs).--Approximately 100 persons had
not returned home due to previous violence between the Bali and Bawock
ethnic groups over land disputes and as a result of an attack by the
Oku tribe on the Mbessa tribe.
In 2005 between 10,000 and 15,000 citizens in and around the
Adamaoua Region villages of Djohong and Ngaoui were displaced following
attacks and looting by unidentified armed groups from the Central
African Republic (CAR). Officials from the Adamaoua Region
administration reported that hundreds of IDPs remained.
During the year the Government worked with the UN High Commissioner
for Refugees (UNHCR) to protect and assist IDPs.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system of providing protection to
refugees. The Government granted refugee status or asylum. In practice
the Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened.
The Government also provided temporary protection to certain
individuals who did not qualify as refugees under the 1951 convention
and its 1967 protocol. However, some noncitizens claimed that refugee
status was denied to long-term residents. At year's end the UNHCR
estimated that the country provided temporary protection to
approximately 82,000 refugees, of which 62,000 came from CAR, 12,000
were urban refugees (9,000 in Yaounde and 3,000 in Douala), 4,500 from
Chad, and 2,500 from Nigeria.
The Government cooperated with the UNHCR and other humanitarian
organizations in assisting refugees and asylum seekers. During the year
the Government facilitated entry and provided assistance to some
refugees from CAR and Chad.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully; however, President Biya's and the CPDM party controlled the
political process, including the judiciary and agencies responsible for
the conduct and oversight of elections. Electoral intimidation,
manipulation, and fraud limited the ability of citizens to exercise
this right in past elections. In April the National Assembly passed a
constitutional amendment that removed presidential term limits and
added provisions for presidential immunity. While considerable national
discussion of the proposal ensued, the National Assembly ultimately
passed the revisions in a manner that allowed no debate and underscored
the CPDM's unfettered control of all government branches. Neither the
electorate nor their elected representatives had an opportunity to
affect the outcome of the constitutional exercise.
Elections and Political Participation.--In July 2007 legislative
elections, observers witnessed poor supervision at the polling stations
and lax application of the electoral law. An unnecessarily complex
registration process effectively disenfranchised some voters. The
Government failed to implement some electoral improvements it had
previously committed. For example, despite repeated public assurances,
the Government was unable to provide indelible ink-an internationally
recognized safeguard against multiple voting-to many polling stations.
Despite efforts to computerize voter registration, the lists still
included numerous errors.
The Supreme Court received over 130 complaints from political
parties after the elections, but disqualified the majority of them on
technical grounds. However, the court ordered new elections in five
constituencies for 17 parliamentary seats, which were held in 2007; the
CPDM won 13 seats and opposition parties four. Observers noted some
irregularities and low voter turnout.
In July the Government's National Elections Observatory published
its assessment of the 2007 legislative and municipal elections. The
report cited shortcomings due to lack of coordination between the
various electoral commissions and a lack of clear and uniform
procedures for the various stages of the electoral process (especially
the registration process).
In 2004 President Biya, who has controlled the Government since
1982, was reelected with approximately 70 percent of the vote in an
election widely viewed as more free and fair than previous elections.
Although the election was poorly managed and marred by irregularities,
in particular in the voting registration process, most international
observers agreed that it reflected the will of the voters. The
Commonwealth Observer Group, however, maintained that the election
lacked credibility.
During its June electoral session, the National Assembly passed an
amendment to the law that created Elections Cameroon, extending the
deadline for the electoral body's creation from June to December.
Membership in the ruling political party conveyed significant
advantages, including in the allocation of key jobs in parastatals and
the civil service. The president appoints all ministers, including the
prime minister, and also directly appoints the governors of each of the
10 regions. The president has the power to appoint important lower
level members of the 58 regional administrative structures as well.
Onerous requirements for registration of parties and candidates
restricted political activity.
The right of citizens to choose their local governments remained
circumscribed. The Government greatly increased the number of
municipalities run by presidentially appointed delegates, who have
authority over elected mayors, effectively disenfranchising the
residents of those localities. Delegate-run cities included most of the
provincial capitals and some division capitals in pro-opposition
regions; however, this practice was almost nonexistent in the southern
regions, which tended to support the ruling CPDM party. In
municipalities with elected mayors, local autonomy was limited since
elected local governments relied on the central government for most of
their revenue and administrative personnel.
There were more than 180 registered political parties in the
country. Fewer than 10, however, had significant levels of support, and
only five had seats in the National Assembly. The ruling CPDM held an
absolute majority in the National Assembly; opposition parties included
the SDF, based in the anglophone regions and some major cities. The
largest of the other opposition parties were the National Union for
Democracy and Progress, the Cameroon Democratic Union, and the Union of
the Peoples of Cameroon.
On numerous occasions throughout the year, authorities refused to
grant permission to hold rallies and meetings to individuals or
organization who espoused views at odds with government policy. In
response to growing public dissatisfaction to the proposed
constitutional amendment, Littoral Region Governor Francis Fai Yengo
banned public demonstrations or events. While officials enforced the
ban for civil society and opposition groups, progovernment and pro-CPDM
events were permitted to take place. For example, both NGOs
l'Association Citoyenne de Defense des Interests and Nouveaux Droits de
l' Homme were banned from holding public events to protest government
actions during the year.
The Government considered the SCNC illegal because it advocates
secession and authorities refused to register it as a political
organization. During the year security forces preemptively arrested
approximately 40 leaders, members, and supporters of the SCNC to
prevent them from participating in unauthorized political meetings.
For example, on February 9, Bamenda police preemptively arrested 19
SCNC activists gathered in a private residence. Police arrested the
activists to prevent them from celebrating the Day of Unrepresented
Nations and Peoples Organization. On February 13, the Bamenda
prosecutor released them on bail, pending formal charges and eventual
trial.
In accordance with the previsions of the newly instituted penal
code, officials released, pending trial, individuals who were detained
for participating in illegal gatherings of the SCNC.
Women held 23 of 180 seats in the National Assembly, six of 61
cabinet posts, and a few of the higher offices within the major
political parties, including the ruling CPDM.
Pygmies were not represented in the National Assembly or the higher
offices of government.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials frequently engaged in
corrupt practices with impunity. The World Bank's worldwide governance
indicators reflected that corruption was a severe problem. The public
perception was that judicial and administrative officials were open to
bribes in almost all situations. Corruption was pervasive at all levels
of government.
There were publicized prosecutions of government officials accused
of corruption during the year. For example, the Government sanctioned
dozens of government employees for corruption and mismanagement.
On March 12, police arrested and detained Paulin Abono Moampamb, a
former Secretary of State and mayor of Yokadouma, a small town in East
Region, for embezzlement of public funds. Moampamb was placed in
pretrial detention, awaiting trial at year's end.
On March 31, police arrested and detained Polycarpe Abah Abah, a
former minister of finance, and Urbain Olanguena Awono, a former
minister of public health, for embezzlement. The two men were placed in
pretrial detention, awaiting trial at year's end.
On August 1, police arrested and detained Jean Marie Atangana
Mebara, a former minister of state and secretary general of the
presidency, for corruption and embezzlement. Mebara was in detention
awaiting trial at year's end.
There were new developments in the following high profile
corruption cases.
On July 11, the Yaounde High Court sentenced Joseph Edou, the
general manager of Credit Foncier, a real estate funding company, and
Andre Boto'o a Ngon, the former board chairman of the company, to 40
years' imprisonment each for corruption. Twenty-one other former Credit
Foncier employees were found guilty and given prison terms ranging from
one to 45 years' imprisonment. The court also sentenced the 23 to pay
8.5 billion CFA ($17 million) and ordered the confiscation of their
property.
On April 16, the Yaounde Court of Appeals reduced the prison
sentence of Gerard Ondo Ndong, former general manager of FEICOM (a
parastatal providing project finance to municipalities) from 50 to 20
years' imprisonment. The court also reduced the prison terms of three
of his codefendants from 48 to 20 years' imprisonment.
The constitution and law require senior government officials,
including members of the cabinet, to declare their assets; however the
president had not issued the requisite decree by year's end.
There are no laws providing citizens with access to government
information, and such access was difficult to obtain. Most government
documents, such as statistics, letters exchanged between various
administrations, draft legislation, and investigation reports, were not
available to the public or the media.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing findings on human rights cases; however, government
officials repeatedly impeded the effectiveness of local human rights
NGOs during the year by harassing their members, limiting access to
prisoners, refusing to share information, threatening violence, and
using violence against NGO personnel.
Despite these restrictions, numerous independent, domestic human
rights NGOs operated in the country, including the National League for
Human Rights, the Organization for Human Rights and Freedoms, the
Association of Women against Violence, the Movement for the Defense of
Human Rights and Freedoms, and the Cameroonian Association of Female
Jurists. The Government collaborated with domestic NGOs to address
child labor, women's rights, and trafficking in persons.
On February 16, the Douala antiriot police arrested, beat, dragged
on the floor, and stripped naked Aicha Ngo Eheg, a human rights
activist with ``Cri des Femmes,'' a Douala-based human rights group.
Ngo Eheg, along with other demonstrators, had gathered in the Douala
neighborhood of Bepanda to march against constitutional reform.
According to Ngo Eheg's public statement, the police targeted her
because she tried to stop them from harassing a young demonstrator. At
year's end Ngo Eheg had not decided whether to file a complaint against
the police.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives and other
organizations such as the ICRC. In July Prime Minister Inoni met with
representatives from Human Rights Watch and other international NGOs.
While the NCHRF remained hampered by a shortage of funds, during
the year it conducted a number of investigations into human rights
abuses, visited prisons, and organized several human rights seminars
for judicial officials, security personnel, and other government
officers. Although the commission infrequently criticized the
Government's human rights abuses publicly, its staff intervened with
government officials in specific cases of human rights abuses by
security forces. During the year the NCHRF continued its efforts to
stop ``Friday arrests'' (the practice of detaining individuals on
Friday to prolong the time before court appearance) and sought to
obtain medical attention for jailed suspects. Government officials also
attended several seminars organized by the commission. On February 5,
the NCHRF launched its Web site, which provides information about the
commission and its activities. In 2006 the president signed a decree
appointing members to the commission and dismissing all incumbents
except the chairman.
The National Assembly's Constitutional Laws, Human Rights and
Freedoms, Justice, Legislation, Regulations, and Administration
Committee is charged with reviewing any human rights related
legislation the Government submits for consideration. The Government
did not submit any such bills during the year.
The Ministry of Justice published its own 2007 human rights report
during the year which focused primarily on enumerating government
actions to address human rights issues, such as judicial and
disciplinary action taken against corrupt officials.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law does not explicitly forbid discrimination based on race,
language, or social status, but does prohibit discrimination based on
gender and mandates that ``everyone has equal rights and obligations.''
The Government, however, did not enforce these provisions effectively.
Violence and discrimination against women, trafficking in persons, and
discrimination against ethnic minorities and homosexuals were problems.
Women.--The law prohibits rape, although police and the courts
rarely investigated and prosecuted rape cases. The media reported at
least seven rape cases during the year, although no one was arrested.
Due to social taboos associated with sexual violence, many rapes likely
went unreported.
A 2005 survey cited by the Cameroon Tribune indicated that 39
percent of women living with a man (married or unmarried) were victims
of physical violence, and 28 percent were victims of psychological
violence. The law does not specifically prohibit domestic violence,
although assault is prohibited and is punishable by prison terms and
fines. Women's rights advocates asserted that penalties for domestic
violence were insufficient. Spousal abuse is not a legal ground for
divorce.
Unlike in the previous year, NGOs did not lead public awareness
campaigns to combat breast ironing during the year, a practice
conducted by female family members.
While the law prohibits prostitution, it was tolerated and
practiced predominantly in urban areas and places frequented by
tourists.
In June 2007 the Government signed the Anti-Sex Tourism Charter,
which provides ethical guidelines for the tourism industry.
While the law prohibits sexual harassment, very few cases were
reported or prosecuted during the year. The Government did not conduct
any public education campaigns on the subject and there were no
statistics available on its occurrence.
Despite constitutional provisions recognizing women's rights, women
did not enjoy the same rights and privileges as men. Some points of
civil law were prejudicial to women.
The law allows a husband to oppose his wife's right to work in a
separate profession if the protest is made in the interest of the
household and the family; a husband may also end his wife's commercial
activity by notifying the clerk of the commerce tribunal of his
opposition based upon the family's interest.
Customary law is far more discriminatory against women, since in
many regions a woman traditionally was regarded as the property of her
husband. Because of the importance attached to customs and traditions,
civil laws protecting women often are not respected.
Children.--During the year the Government made some efforts to
protect children's rights and welfare, including participation in
seminars on children's rights. During the year the minister of social
affairs and other senior leaders made statements and presented
government action plans regarding the improvement of the condition for
children.
The law provides for a child's right to education, and schooling
was mandatory through the age of 14 and free in public primary schools.
Since parents had to pay uniform and book fees for primary school, and
because tuition and other fees for secondary education remained costly,
education was largely unaffordable for many children. The Government
took measures during the year to improve access to schools, such as the
construction of new classrooms and the recruitment of new teachers, and
provision of water fountains.
According to 2005 government statistics, 72 percent of girls
between the ages of six and 14 were enrolled in school, compared to
81.3 percent of boys in the same age group. According to the UN
Children's Fund (UNICEF), the secondary school enrollment ratio (gross)
was 36 percent for boys and 29 percent for girls. The low education
rate continued to be attributed to high costs, socio-cultural
prejudices, early marriage, sexual harassment, unwanted pregnancy, and
domestic chores.
The extent of child abuse was not known, although children's rights
organizations targeted the problem. Newspaper reports often cited
children as victims of kidnapping, mutilation, and even infanticide.
There were several credible stories of mothers (usually young,
unemployed, and unmarried) abandoning their newborns in streets,
garbage cans, and pit toilets.
The law does not prohibit FGM, which was practiced in isolated
areas of the Far North, East, and Southwest regions.
Internal migration contributed to the spread of FGM to different
parts of the country. The majority of FGM procedures were
clitorectomies. The severest form of FGM, infibulation, was performed
in the Kajifu region of the Southwest Region. FGM usually was practiced
on infants and preadolescent girls. Public health centers in areas
where FGM is frequently practiced counseled women about the harmful
consequences of FGM; however, the Government did not prosecute any
persons charged with performing FGM.
On February 6, during the first International Day against Female
Genital Mutilation, the minister of women's empowerment and the family
condemned the practice and called on all citizens to join the fight
against FGM.
While the minimum legal age for a woman to marry is 15, many
families facilitated the marriage of young girls by the age of 12.
Early marriage was prevalent in the northern regions of Far North,
Adamaoua, North, and particularly the remote Far North Region, where
many girls as young as nine faced severe health risks from pregnancies.
There were no statistics on the prevalence of child marriage.
Although exact numbers were unavailable, the country had a
significant number of displaced or street children, most of whom
resided in urban areas such as Yaounde and Douala.
Beginning in January the Ministry of Social Affairs, in association
with communities and various councils, established the ``Project to
Fight the Phenomenon of Enfants De la Rue (EDR)''. The program gathered
information on the phenomenon, offered psycho-social care, and
bolstered the intake capacities of specialized centers. On April 9, in
Maroua, Far North Region, the Ministry of Social Affairs launched the
pilot phase of EDR. On April 14, the ministry also launched the program
in Douala, for the Littoral and South West regions. The ministry
reported that approximately 2,000 children lived in the streets of the
major urban centers of the country. In April and May, a census
conducted in Yaounde and Douala showed that 155 street children lived
in Yaounde, and 280 street children lived in Douala. On May 14, the
Minister of Social Affairs launched the operation designed to return
150 children to their families. On December 30, she revealed that the
operation made it possible for 119 out of the 435 children identified
in Yaounde and Douala to return home.
Trafficking in Persons.--The law does not prohibit all forms of
trafficking in persons, and there were reports that persons were
trafficked to, from, and within the country. The law criminalizes child
trafficking and slavery and prohibits prostitution, forced labor, and
other crimes related to trafficking in persons.
A 2000 International Labor Organization (ILO) study conducted in
Yaounde, Douala, and Bamenda, reported that trafficking accounted for
84 percent of child laborers in those three cities. Local NGOs believed
this statistic was still accurate. In most cases, intermediaries
presented themselves as businessmen, approaching parents with large
families or custodians of orphans and promising to assist the child
with education or professional training. The intermediary paid parents
an average of 6,000 CFA ($12) before transporting the child to a city
where the intermediary would subject the child to forced labor with
little remuneration. In four out of 10 cases, the child was a foreigner
transported to the country for labor. The report also indicated that
the country was a transit site for regional traffickers, who
transported children from Nigeria, Benin, Niger, Chad, Togo, the
Republic of the Congo, and the CAR for indentured or domestic
servitude, farm labor, and sexual exploitation. Citizens also were
trafficked to South Africa.
Women and children traditionally have faced the greatest risk of
trafficking generally for sexual exploitation and forced labor. Most
trafficking in children occurred within the country's borders, while
most trafficked women were transported out of the country. According to
anecdotal evidence from the NCHRF, women often were ``hired'' into hubs
of prostitution, often in Europe. The method for trafficking women
usually involved a marriage proposition by a foreign businessman. Women
were often inducted into servitude upon arrival at a foreign
destination. Credible reports indicated that traffickers used
trafficking victims to recruit additional victims. Girls were
internally trafficked from the Adamaoua, North, Far North, and
Northwest regions to Douala and Yaounde to work as domestic servants,
street vendors, or prostitutes.
For example, in 2007 a local law enforcement official reported that
traffickers smuggled scores of children as young as eight years old
into the country from Bakassi, Nigeria for a Nigerian fisherman. There
was no action taken to address the problem due to the lack of effective
administrative control.
Slavery is illegal in the country and the law provides punishment
of 10 to 20 years' imprisonment for persons accused of slavery or
trafficking in persons. However, there were credible reports of
hereditary servitude by former slaves in some chiefdoms in the North
Region. For example, there were reports that the Lamido (the
traditional Muslim chief) of Rey Bouba in the North Region had
hereditary servants inside his compound. Although the Lamido was
replaced by his son in 2004, the hereditary servants remained,
reportedly by choice for cultural reasons.
The law provides that any person who engages in crimes associated
with trafficking in persons shall be punished by prison terms of
between six months and 20 years.
Although statistics were unavailable because traffickers could be
prosecuted under various sections of the penal code, the Government
reportedly prosecuted trafficking cases during the year. In January
gendarmerie in the North West Region arrested three traffickers
transporting seven children between the ages of 12 and 17 to the Center
Region to work as forced laborers. The case was pending in Bamenda at
year's end.
The Ministry of Labor and Social Insurance (MINLESI) is primarily
responsible for fighting trafficking; however, the ministry was
severely underfunded.
The Government continued to fight trafficking through the use of an
interagency committee and a program to find and return trafficked
children. In addition, the Government cooperated with the Governments
of Gabon, Nigeria, Togo, and Benin to fight trafficking through the
exchange of information and preparation of common legislation on
trafficking. The Interpol office in the country also played a
significant role in the Government's antitrafficking actions.
The Government continued to work with local and international NGOs
to provide temporary shelter and assistance to victims of trafficking.
Catholic Relief Services worked to combat corruption in local schools
that led to child prostitution. UNICEF was also actively engaged in
combating girls' prostitution throughout the year.
The Government continued to build awareness among local government
and security officials in the areas where trafficking was an issue.
Antitrafficking information or education campaigns and antitrafficking
spots were broadcast on government radio and television. The Government
monitored immigration and emigration patterns for evidence of
trafficking. Frontier police at airports, borders, and ports reported
stopping many trafficking cases but did not provide details regarding
specific cases.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law provides certain rights to
persons with disabilities, including access to public buildings,
medical treatment, and education, and the Government was obliged to
provide part of the educational expense of persons with disabilities,
to employ them where possible, and to provide them with public
assistance when necessary. Access to public secondary education is free
for persons with disabilities and children born of parents with
disabilities. In practice, there were few facilities for persons with
disabilities and little public assistance; lack of facilities and care
for persons with mental disabilities was particularly acute. Society
largely tended to treat those with disabilities as outcasts, and many
felt that providing assistance was the responsibility of churches or
foreign NGOs.
During the year First Lady Chantal Biya attended National
Solidarity Action Day, the Ministry of Social Affairs sponsored an
exhibition at the National Museum that allowed persons with
disabilities to exhibit their handicrafts. For example, blind persons
exhibited woven chairs.
National/Racial/Ethnic Minorities.--The population consists of more
than 200 ethnic groups, among which there were frequent and credible
allegations of discrimination. Ethnic groups commonly gave preferential
treatment to fellow ethnic group members in business and social
practices. Members of the president's Beti/Bulu ethnic group from
southern parts of the country held key positions and were
disproportionately represented in government, state-owned businesses,
the security forces, and the ruling CPDM party. For example, the
minister of defense, the delegate general for national security, and
the minister of communication were all from the South Region, the
former two being from the same division as the president.
On July 6, in Akonolinga, Central Region, several persons were
injured and killed in ethnically motivated violence. The violence
occurred when a soccer team from the city of Dschang, Menoua Division,
West Region, a region predominated by ethnic Bamilekes, defeated the
local soccer team. Members of the Yebekolo tribe sought out and beat
ethnic Bamilekes in Akonolinga. The Government investigated the
incident, but no one had been arrested by year's end.
There were reports during the year that Alhadji Baba Ahmadou
Danpullo, a wealthy businessman with ties to the Government, deceived
M'Bororo women into sexual situations, forcibly displaced the M'Bororo
and seized their land and cattle, and used his money and influence with
the Government to order the beating and false imprisonment of members
of the M'Bororo.
The commission established in 2007 to demarcate the borders between
the Oku and the Mbessa tribes in both Bui and Boyo divisions in the
North West Region begun during the year.
In 2007 the Bui Oku burned dozens of Mbessa houses, displacing more
than 500 persons. The Oku claimed that the Mbessa were farming on their
land. They also accused them of having caught and raped Oku women, a
charge disputed by local authorities. Local territorial command
officials reported that the investigation, although ongoing at year's
end, was complicated by the allegations that traditional rulers
threatened potential witnesses.
Northern areas of the country continued to suffer from ethnic
tensions between the Fulani (or Peuhl) and the Kirdi. The Kirdi
remained socially, educationally, and economically disadvantaged
relative to the Fulani in the three northern regions.
Traditional Fulani rulers, called Lamibe, continued to wield great
power over their subjects, often including Kirdi, sometimes subjecting
them to tithing and forced labor. Isolated cases of slavery were
reported, largely Fulani enslavement of Kirdi.
Natives of the North West and South West regions tended to support
the opposition party SDF and consequently suffered disproportionately
from human rights abuses committed by the Government and its security
forces. The anglophone community was underrepresented in the public
sector. Although citizens in certain francophone areas-the East, Far
North, North, and Adamaoua Regions-voiced similar complaints about
under-representation and government neglect, anglophones said they
generally believed that they had not received a fair share of public
sector goods and services within their two regions. Some residents of
the anglophone region sought greater freedom, equality of opportunity,
and better government by regaining regional autonomy rather than
through national political reform, and have formed several quasi-
political organizations in pursuit of their goals.
Police and gendarmes subjected illegal immigrants from Nigeria and
Chad to harassment and imprisonment. During raids, members of the
security forces extorted money from those who did not have regular
residence permits or who did not have valid receipts for store
merchandise. Some members of the country's large community of Nigerian
immigrants complained of discrimination and abuse by government
officials. Illegal immigrants were subject to harassment on some
occasions, although at a lower level than in previous years.
Indigenous People.--Approximately 50,000 to 100,000 Baka, Bakola,
and Bagyeli (Pygmies) primarily resided (and were the earliest known
inhabitants) in the forested areas of the South and East regions. While
no legal discrimination exists, other groups often treated the Baka as
inferior and sometimes subjected them to unfair and exploitative labor
practices. Baka reportedly continued to complain that the forests they
inhabit were being logged without fair compensation. Some observers
believed that sustained logging was destroying the Baka's unique,
forest-oriented belief system, forcing them to adapt their traditional
social and economic systems to a more rigid modern society similar to
their Bantu neighbors.
Local Baka along the path of the Chad-Cameroon pipeline continued
to complain that they were not compensated fairly for their land or had
been cheated by persons posing as Baka representatives. In 2006 the
committee in charge of the follow-up on the pipeline organized an
evaluation seminar to determine compensation for the Bakola and
Bagyeli. The committee agreed that despite improved access to education
and healthcare, much remained to be done to improve living conditions
for the pygmies. No further developments were reported during the year.
On October 3, the Fondation Camerounaise d' Actions Rationalisees et de
Formation sur l' Environnement conducted a study in 28 villages in the
Center and South regions that confirmed the pygmies' complaints (Kribi
Region) that they had not yet been fully compensated. The final
conclusions of the study were not released by year's end.
An estimated 95 percent of Baka did not have national identity
cards; most Baka could not afford to provide the necessary
documentation to obtain national identity cards, which were required to
vote in national elections. In 2004 Plan International and another NGO
launched a program to educate Bakas about their political rights, which
included the construction of a communal radio station in the region of
Abong-Mbang in Upper Nyong Division, East region.
In 2005 the Ministry of Social Affairs launched the Project to
Support the Economic and Social Development of Bakas in South Region.
The mission of the three-year project was to allow the issuance of
birth certificates and national identity cards to 2,300 Bakas, as well
as to help register hundreds of students in school. The program was
still ongoing at year's end.
Other Societal Abuses and Discrimination.--Homosexual activity is
illegal and punishable by a prison sentence of six months to five years
and a fine ranging from 20,000 to 200,000 CFA ($40 to $400). While
authorities did not prosecute persons under this law during the year,
homosexuals suffered from harassment and extortion by law enforcement
officials. False allegations of homosexuality were used to harass
enemies or to extort money.
There were new developments in the August 2007 case of three
homosexuals arrested by gendarmes in Douala. On January 9, the Douala
High Court sentenced Lazare Baeeg, Emmanuel Balep, and Tony Dikongue to
six months in jail and fines of 50,000 CFA ($100) for homosexuality.
Their lawyer appealed the decision, which was pending at year's end.
In October 2007 the Bonanjo High Court refused to release six
Douala men held in New Bell Prison on charges of homosexuality. In
January the judge held the first hearing on the case but adjourned it
pending further discovery. There were no further developments on the
case by year's end.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form and
join trade unions; however, the Government imposed numerous
restrictions. The law does not permit the creation of a union that
includes both public and private sector workers, or the creation of a
union that includes different, even closely related, sectors.
The law requires that unions register with the Government,
permitting groups of no less than 20 workers to organize a union by
submitting a constitution, bylaws, and nonconviction certifications for
each founding member. The law provides for prison sentences and fines
for workers who form a union and carry out union activities without
registration. Government officials stated that the Government provided
union certification within one month of application; however,
independent unions, especially in the public sector, have found it
difficult to register. For example, the Syndicat National des
Enseignants du Superieur was not officially registered but operated
without government interference.
Registered unions were subject to government interference. The
Government chose the unions with which it would bargain; some
independent unions accused the Government of creating small
nonrepresentative unions amenable to government positions and with
which it could negotiate more easily. Some sections of labor law have
no force or effect because the presidency has not issued implementing
decrees.
The labor code explicitly recognizes workers' right to strike, but
only after mandatory arbitration, and workers exercised this right
during the year. During the year strikes occurred at some universities,
the national railroad company (CAMRAIL), and Cameroon Postal Services .
Arbitration decisions are legally binding, but often unenforceable when
the parties refuse to cooperate. It was not uncommon for such decisions
to be overturned or simply ignored by the Government or employers. The
provision of the law allowing persons to strike does not apply to civil
servants, employees of the penitentiary system, or workers responsible
for national security. Instead of strikes, civil servants were required
to negotiate grievances directly with the minister of the appropriate
department in addition to the minister of labor.
b. The Right to Organize and Bargain Collectively.--The
constitution and law provide for collective bargaining between workers
and management as well as between labor federations and business
associations in each sector of the economy.
When labor disputes arose, the Government chose the labor union
with which it would negotiate, selectively excluding some labor
representatives. Once agreements were negotiated, there was no
mechanism to enforce implementation; some agreements between the
Government and labor unions were ignored by the Government.
In November transport unions convened a press conference to address
that the February agreements with the Government had not been
implemented. The Sous-prefet of Yaounde II banned the press conference
and called it ``illegal''.
The constitution and law prohibit antiunion discrimination, and
employers guilty of such discrimination were subject to fines of up to
approximately one million CFA ($2,000). However, employers found guilty
were not required to compensate workers for discrimination or to
reinstate fired workers. The MINLESI did not report any complaints of
antiunion discrimination during the year, although there were credible
press reports of harassment of union leaders.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced or compulsory labor, including by children;
however, there were reports that such practices occurred. Prison
authorities arranged for prison inmates to be contracted out to private
employers or used as communal labor for municipal public works. Money
generated from these activities was usually pocketed by prison
administrators and not given to detainees.
Hereditary servitude occurred in the Northern regions.
In the South and East regions, some Baka, including children,
continued to be subjected to unfair and exploitative labor practices by
landowners, including forced work on the landowners' farms during
harvest seasons without payment.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law generally protects children from exploitation in the workplace and
specifies penalties ranging from fines to imprisonment for
infringement; however, child labor remained a problem. The Government
specifically prohibits forced and compulsory labor by children, but
there were reports that it occurred in practice.
The law sets a minimum age of 14 for child employment, bans night
work, and enumerates tasks that children under the age of 18 cannot
legally perform. These include moving heavy objects, dangerous and
unhealthy tasks, working in confined areas, and prostitution. The law
also states that a child's work day cannot exceed eight hours.
Employers were required to train children between the ages of 14 and
18, and work contracts must contain a training provision for minors.
The prohibition against night work was not effectively enforced.
Child labor existed chiefly in urban areas and in the informal
sector such as street vending, car washing, agricultural work, and
domestic service. Many urban street vendors were less than 14 years of
age. Children worked as household help, and some children were involved
in prostitution. In the north there were credible reports that children
from needy homes were placed with other families to do household work
for pay.
There were reports that some parents gave their children to
``marabouts'' (traditional religious figures) in Maroua in the Extreme
North, to learn the Koran and prepare them to become ``marabouts''
themselves. However, there were reports that some children were kept in
leg chains and subjected to forced labor.
Parents viewed child labor as both a tradition and a rite of
passage. Relatives often employed rural youth, especially girls, as
domestic helpers, and these jobs seldom allowed time for the children
to attend school. In rural areas, many children began work at an early
age on family farms. According to some NGOs, the cocoa industry also
employed child laborers. These children originated, for the most part,
from the three northern and the North West regions.
The Ministry of Social Affairs and MINLESI were responsible for
enforcing existing child labor laws through site inspections of
registered businesses; however, the Government did not allocate
sufficient resources to support an effective inspection program.
Moreover, the legal prohibitions do not include family chores, which in
many instances were beyond a child's capacity. In 2005 the Government
employed 58 general labor inspectors to investigate child labor cases.
The ILO continued to work with specific contact persons in various
ministries and agencies involved in antitrafficking activities; it also
conducted nationwide investigations and cooperated with local
organizations.
e. Acceptable Conditions of Work.--In June the Government increased
the minimum wage in all sectors to 28,246 CFA ($56) per month. However,
the minimum wage did not provide for a decent standard of living for an
average worker and family. MINLESI was responsible for enforcing the
minimum wage nationally.
The law establishes a standard workweek of 40 hours in public and
private nonagricultural firms and 48 hours in agricultural and related
activities. There are exceptions for guards and firemen (56 hours a
week), service sector staff (45 hours a week), and household and
restaurant staff (54 hours a week). The law mandates at least 24
consecutive hours of weekly rest. Premium pay for overtime ranges from
120 to 150 percent of the hourly pay depending on amount and whether it
is for weekend or late-night overtime. There is a prohibition on
excessive compulsory service. MINLESI inspectors were responsible for
monitoring these standards; however, they lacked the resources for a
comprehensive inspection program.
The Government sets health and safety standards. MINLESI inspectors
and occupational health physicians were responsible for monitoring
these standards; however, they lacked the resources for a comprehensive
inspection program. The law does not provide workers with the right to
remove themselves from situations that endanger health or safety
without jeopardizing their continued employment.
__________
CAPE VERDE
Cape Verde, with a population of approximately 500,000, is a
multiparty parliamentary democracy in which constitutional powers are
shared among the elected head of state, President Pedro Verona
Rodrigues Pires, and Prime Minister Jose Maria Neves. Pires was elected
for a second five-year term in 2006 in generally free and fair
elections. Nationwide legislative elections in 2006 and municipal
elections in May 2008 were likewise declared generally free and fair by
the Supreme Court of Justice and by the National Electoral Commission.
While civilian authorities generally maintained effective control of
the security forces, there were instances in which elements of the
police forces used excessive force and stole evidence from police
lockups.
The Government generally respected the human rights of its
citizens; however, problems were reported in some areas: police abuse
of detainees, poor prison conditions and juveniles held together with
adults, lengthy pretrial detention and excessive trial delays, violence
and discrimination against women, child abuse, reports of trafficking
in persons, and some forms of child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were credible reports that in some instances police beat persons
in custody. Generally, the authorities took action against the abusers.
However, there were credible reports that some abuses that occurred
within police stations were not reported by police officials.
Prison and Detention Center Conditions.--Prison conditions were
poor, and facilities were severely overcrowded. Sanitation and medical
assistance were poor; however, doctors and nurses were available, and
prisoners were taken to public hospitals for serious medical problems.
Psychological problems among prisoners were common.
There were no developments in the investigation of the December
2007 murder in prison of a convicted drug trafficker who was
collaborating with authorities. The killer was believed to be another
inmate, who was alleged to be a professional hit man hired by drug
traffickers.
Juveniles were held together with adults, and pretrial detainees
were held together with convicted prisoners.
The Government permitted independent monitoring of prison
conditions by international human rights monitors and visits to
individual prisoners; however, there were no such visits during the
year. Local nongovernmental organizations (NGOs) and media
representatives frequently visited the prisons and reported on prison
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 police force is
organized nationally under the Ministry of Internal Administration and
the Ministry of Justice and is made up of the National Police,
responsible for law enforcement, and the Judicial Police, responsible
for investigations. Logistical constraints, including lack of vehicles,
limited communications equipment, and poor forensic capacity limited
police effectiveness. Corruption was an increasing problem.
In June three Judicial Police officials were arrested for diverting
for commercial use over 135 kilograms of cocaine seized in a drug
investigation; a full investigation was conducted, and the police
officers were charged with the crime.
Police abuses were investigated internally, and these
investigations resulted occasionally in legal action against the
perpetrators. Impunity was a problem. With an inefficient judicial
system, citizens have little expectation of timely and strict law
enforcement or accountability for those who commit offenses.
Arrest and Detention.--Police may not make arrests without a
warrant issued by an authorized official, unless a person is caught in
the act of committing a felony. The law stipulates that a suspect must
be brought before a judge within 48 hours of arrest. The law provides a
detainee with the right to a prompt judicial determination of the
legality of the detention, and the authorities respected this right in
practice. Attorneys inform detainees of the charges against them. There
was a functioning bail system. Detainees were allowed prompt access to
family members and to a lawyer of their choice or, if indigent, to one
provided by the Government.
Lengthy pretrial detention was a serious problem; detainees often
remained in jail without charge for more than a year. The judicial
system was overburdened and understaffed, and the dropping of charges
without a court judgment was a frequent means for terminating criminal
cases.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice; however, a report by the president of the
Supreme Court of Justice (SCJ) on the state of the justice system
recognized that the judiciary was understaffed, inefficient, and in
urgent need of reform.
The judicial system is composed of the Supreme Court of Justice and
the regional courts. Judges are independent and may not belong to a
political party. Penal and civil regional courts adjudicate minor
disputes; the penal courts handle criminal cases, including violations
of the electoral laws; and the civil courts handle civil and commercial
suits. Civilian courts have jurisdiction over state security cases.
There is also a military court, which cannot try civilians. The SCJ is
the highest appellate court.
Trial Procedures.--The law provides for the right to a fair and
public nonjury trial. Defendants are presumed to be innocent until
proven guilty. Defendants have the right to be present and to consult
with an attorney in a timely manner; free counsel is provided for the
indigent. Defendants have the right to confront or question witnesses
against them and to present witnesses and evidence on their own behalf.
Defendants and their attorneys have access to government-held evidence
relevant to their cases. They can appeal regional court decisions to
the SCJ. The law extends the above rights to all citizens.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The ordinary courts handle
civil matters, including lawsuits seeking damages for, or cessation of,
a human rights violation.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights. The independent press was active and expressed
a variety of views without restriction.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in peaceful
expression of views via the Internet, including by e-mail. Unofficial
reports estimate that 10 percent of Cape Verdeans were Internet users;
citizens in the cities had access to the Internet at cyber cafes.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice. More than 85 percent of the population is nominally Roman
Catholic, according to an informal poll taken by local churches. The
Government imposed no registration requirements that discriminate
against any religious groups.
Societal Abuses and Discrimination.--There was no known Jewish
community, and no reports of acts of anti-Semitism or discrimination
against members of any religious group.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and laws provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
assisting refugees and asylum seekers.
The constitution and law prohibit forced exile, and the Government
did not employ it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government granted refugee status or
asylum.
The Government also provided temporary protection to individuals
who may not qualify as refugees under the 1951 convention or the 1967
protocol, but there were no reported cases during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections held on the basis
of universal suffrage.
Elections and Political Participation.--In the 2006 legislative
elections individuals and parties were free to declare their
candidacies. The ruling African Party for the Independence of Cape
Verde won 41 seats in the 72-seat National Assembly; the main
opposition party, Movement for Democracy (MPD), won 29 seats; and the
Union for a Democratic and Independent Cape Verde won the remaining two
seats. International observers characterized the elections as generally
free and fair, despite some irregularities. The MPD unsuccessfully
contested the results by alleging fraud and filing with the SCJ for
annulment of the elections.
Presidential elections were also held in 2006, and individuals and
parties were free to declare their candidacies. International observers
characterized the conduct of the election as generally free and fair.
The incumbent President Pires received a second term with 51 percent of
the vote; MPD candidate Carlos Veiga obtained 49 percent of the vote.
Veiga then petitioned the SCJ to annul the presidential election
results, stating that the elections were not free or transparent. The
SCJ ruled there were no legal grounds for annulment and confirmed
President Pires as the winner.
Municipal elections were held in May, and the opposition won in 12
of the 22 municipalities-including the most important. These elections
were organized under a new electoral code, with a new electoral census
for voters in and outside the country, and greater oversight powers to
the National Electoral Commission. The National Electoral Commission
and the SCJ declared the legislative and presidential elections
generally free and fair.
There were 11 women in the National Assembly. Out of 16 ministers
appointed in June following a cabinet reshuffle, eight were women.
There was one woman on the SCJ.
There is no majority ethnic group in the country, and the
Government is multiethnic at all levels.
Government Corruption and Transparency.--The law provides criminal
penalties of up to 15 years' imprisonment for official corruption.
There was one report of government corruption during the year.
According to the World Bank's Governance Indicators, government
corruption was a problem.
The law provides for public access to government information
without restriction, provided that privacy rights are respected; There
were no reports that the Government denied requests for such
information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic human rights groups generally operated without
government restriction and investigated and published their findings on
human rights cases. Leading human rights groups included the National
Commission of the Rights of Man, the Ze Moniz Association, and the
Alcides Barros Association. Government officials generally were
cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, religion,
disability, language, or social status; however, the Government did not
enforce these provisions effectively, and violence and discrimination
against women and abuse of children were serious problems.
Women.--Rape, including spousal rape, is a criminal offense, but
the Government generally did not effectively enforce the law; the
number of prosecutions during the year was small. The penalty for rape
is eight to 16 years' imprisonment, and may be higher if the victim is
under the age of 16, or if the offender takes advantage of job
responsibilities in a prison, hospital, school, or rehabilitation
center, or with persons under his or her responsibility. NGOs such as
the Association in Support of Women's Self-Promotion in Development and
the Cape Verdean Women's Organization conducted campaigns against rape.
Domestic violence against women, including wife beating, was
widespread. The Government and civil society encouraged women to report
criminal offenses such as spousal abuse, which is punishable by two to
13 years' imprisonment; however, longstanding social and cultural
values inhibited victims from doing so. The number of prosecutions was
small.
While there were mechanisms such as legal counseling, psychological
care, specific police attention, and family courts to deal with spousal
abuse, these mechanisms neither effectively prevented violence nor
ensured the punishment of those responsible. Women's organizations
claimed that police lacked adequate skills to handle cases of abuse and
often ignored the legal complaints they filed against their husbands.
Nevertheless, reports to police of domestic violence increased during
the year. There were police and judicial delays in acting on abuse
cases. Violence against women was the subject of extensive public
service media coverage, but the media protected alleged perpetrators'
identities.
Women's organizations, such as the Women Jurists' Association,
continued to seek legislation to establish a special family court to
address crimes of domestic violence and abuse; however, there was no
such legislation by year's end.
Prostitution of minors is prohibited by law, but the Government
generally did not enforce it. Sex tourism was a growing problem, and
there are no laws to address it. While no statistics are available,
prostitution was most prevalent in tourist areas of the islands of Sal,
Boa Vista, and Sao Vicente.
Sexual harassment was common and not culturally perceived as a
crime. It is prohibited by law with a penalty of one year in prison,
but the Government did not effectively enforce this law.
Under the law women enjoy the same rights as men, including rights
under family law, property law, and in the judicial system. However,
despite legal prohibitions against sex discrimination and provisions
for full equality, including equal pay for equal work, discrimination
against women continued. The Cape Verdean Institute for Gender Equality
and Equity worked for the protection of legal rights of women. The
Women Jurists' Association provided free legal assistance to women
throughout the country suffering from discrimination, violence, and
spousal abuse.
Children.--The Government was committed to children's rights and
welfare.
Child abuse and sexual violence against children were serious
problems, regularly reported by the media. Child labor was also a
problem. Government efforts to address these problems were inadequate.
Trafficking in Persons.--The law prohibits trafficking in minors,
but not adults, and there were reports that persons were trafficked to
and from the country. Police reports indicated that the country was
also a transit point for trafficking in persons from West African
countries to the Canary Islands and to Europe.
Sentences for trafficking in children range up to 16 years'
imprisonment, but there were no prosecutions during the year. The
Ministry of Justice and the Ministry of Internal Administration are
responsible for combating trafficking.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or in the provision of other state services, and the
Government effectively enforced these provisions. There are no laws or
programs to ensure access to buildings for persons with disabilities.
Other Societal Abuses and Discrimination.--There were no reports of
discrimination based on sexual orientation.
There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form and
join independent unions of their choice without previous authorization
or excessive requirements, and workers exercised this right in
practice. There are no restrictions except for employees of diplomatic
missions. Approximately 22 percent of workers were unionized. The law
allows unions to conduct their activities without interference, and the
Government protected this right in practice. The law provides union
members with the right to strike, but the Government may invoke a
``civil request'' in an emergency or if coverage of basic needs is
threatened. Under a civil request the Government has the power to
require the striking union to continue to provide specified minimum
services.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected by law; however, there was very little
collective bargaining. There were no collective bargaining agreements
and no collective labor contracts completed during the year. Workers
and management in the small private sector, as well as in the public
sector, normally reached agreement through negotiations either
individually or collectively. There were no reports of antiunion
discrimination.
There are no special laws or exemptions from regular labor laws in
the one export processing zone, which encompasses the whole country.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, but there were
reports that such practices occurred. Children commonly work as car
washers, fishers, street vendors, and in small-scale family
agriculture.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace, but the Government did not effectively implement them in
practice. A new labor code was approved in 2007, prohibiting children
under the age of 15 from working. The law also increased restrictions
on children between 15 and 18 years of age, prohibiting them from
working at night, more than seven hours per day, or in establishments
where toxic products were produced. However, the Government rarely
enforced the law.
The most recent statistics available (2000 census) indicated that
8,000 children were working in urban centers as street vendors and car
washers, and in the countryside in agriculture, livestock raising, and
fishing. There were reports that children were being used in the sale
of illicit substances. In June the Institute of Children and
Adolescents, a government organization, concluded a study analyzing the
child labor situation in the country; by year's end the study had not
resulted in any concrete action by the Government.
The ministries of justice and labor were responsible for enforcing
child labor laws; however, such laws were seldom enforced. There were
no government programs to address child labor.
e. Acceptable Conditions of Work.--As the country's largest
employer, the Government continued to play the dominant role in setting
wages. It did not fix wages for the private sector, but salary levels
for civil servants provided the basis for wage negotiations in the
private sector. For an entry-level worker, this wage was 12,000 escudos
(approximately $150) per month. The majority of jobs paid wages that
did not provide a worker and family with a decent standard of living;
most workers relied on second jobs and extended family support.
The law provides for a maximum workweek for adults of 44 hours,
prohibits excessive compulsory overtime, and requires that a premium be
paid for hours beyond the standard workweek. There is a required rest
period of 12 consecutive hours per week. While large employers
generally respected these regulations, many domestic servants and
agricultural laborers worked longer hours.
The director general of labor conducted sporadic inspections to
enforce the labor code and imposed fines on private enterprises that
were not in conformity with the law; however, the Government did not
enforce labor laws systematically, and much of the labor force did not
enjoy legal protection. The Government has not set occupational health
and safety standards; however, there is a general provision in the law
that requires employers to provide a healthy and safe work environment.
Few industries employed heavy or dangerous equipment. The law provides
workers with the right to remove themselves from situations that
endanger health or safety without jeopardizing their continued
employment.
__________
CENTRAL AFRICAN REPUBLIC
The Central African Republic (CAR) is a constitutional republic
whose population of approximately 4.2 million is governed by a strong
executive branch and weak legislative and judicial branches. Armed
forces Chief of Staff General Francois Bozize seized power in a
military coup in 2003. Subsequent elections in 2005 resulted in
Bozize's election as president. National and international observers
judged the elections to be generally free and fair despite some
irregularities. While fighting between rebels and government security
forces decreased during the year, much of the northwestern and
northeastern parts of the country remained outside of government
control. Banditry remained a serious threat to civilians throughout the
northern prefectures of the country. Civilian authorities did not
maintain effective control over the security forces.
The Government's human rights record improved somewhat from the
previous year but remained poor. Reports of the military killing
civilians decreased due to a peace agreement between government forces
and rebels in the north. However, the presidential guard continued to
carry out extrajudicial executions in the contested northwest
prefectures. Security forces, including the presidential guard,
continued to torture, beat, detain, and rape suspects and prisoners.
Mob violence resulted in deaths and injuries. Impunity, particularly
military impunity, remained widespread. Conditions in prisons and
detention centers remained harsh and life threatening. The Government's
use of arbitrary arrest and detention contributed to a large number of
detainees. Prolonged pretrial detention, denial of a fair trial, and
judicial corruption continued to be problems. The Government
intimidated and restricted the press on occasion. Freedom of movement
remained limited in the north because of actions by security forces,
armed bandits, and rebels. Sporadic fighting between government forces
and rebel groups continued to produce internally displaced persons,
though the number of displaced persons and refugees decreased from the
previous year. Government corruption and lack of access to government-
held information remained serious problems. Societal violence,
including female genital mutilation (FGM), discrimination against
women, and societal discrimination against indigenous people (Pygmies)
occurred. Trafficking in persons was a problem, as were forced labor
and child labor, including forced labor by children. Workers' rights
improved from the previous year, but remain restricted.
In addition to recognizable rebel organizations, unidentified armed
groups continued to kill, beat, and rape civilians and loot and burn
villages in the north. Rebel groups kidnapped, beat, raped, and
extorted money from local populations. There were numerous reports of
children as young as 12 fighting alongside rebel groups.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents killed members of opposing
political groups, but soldiers, particularly the presidential security
forces (commonly known as the presidential guard) killed numerous
civilians they suspected of supporting armed rebel groups. Both
government security forces and armed rebels killed civilians in the
course of conflict in the north of the country.
During the year there were numerous credible reports that elements
of the security forces, including the Central African Armed Forces
(FACA), and particularly the presidential guard forces, committed
unlawful killings while apprehending suspects and, allegedly, in
connection with personal disputes or rivalries. Authorities appeared
unwilling to prosecute personnel of the presidential guard for
extrajudicial killings.
Unlike the previous year, there were no reports that the Central
Office for the Repression of Banditry (OCRB), a special anti-banditry
police squad and an investigative and intelligence police service
operated by the Ministry of Defense in and around Bangui, arbitrary
executed suspected bandits, although they continued to use torture.
There were no reports that the Government prosecuted any OCRB
personnel for 2007 killings.
In January Lieutenant Eugene Ngaikosse of the presidential guard
reportedly executed three persons accused of highway banditry between
Baoro and Carnot. The director of presidential security investigated
the incident, and the Chadian consul represented the victims. At year's
end no further information was available, although Ngaikosse remained
free and had not been indicted.
On April 6, Boris Namsene of the presidential guard shot and killed
five persons and wounded several more following a quarrel during a
funeral in Boy-Rabe, Bangui. Military authorities who were informed of
the killings did not immediately take action against Namsene, whose
body was found at a hospital three days later, apparently killed by his
fellow soldiers. At year's end no one had been charged.
In March and April the Permanent Military Tribunal, which is
responsible for adjudicating crimes allegedly committed by military
forces, ruled on 38 of the 47 cases involving military service members
arrested for crimes from murder to desertion and theft of military
equipment. Of the six cases in which the victims died, the tribunal
convicted one soldier of murder, convicted two others on lesser
charges, and acquitted one. Decisions on two other cases were
postponed. The tribunal handed down 20 convictions with prison
sentences, nine convictions with suspended sentences, and acquitted
nine defendants. Nine cases were remanded for further discovery or
postponed to the tribunal's next session.
In May Captain Achille Lakouama was sentenced to five years in
prison and a fine of 16 million CFA francs (approximately $32,000) for
the 2006 killing of presidential protocol director Pascal Bembe.
Armed bandits, who have contributed to the country's instability
for many years, demonstrated a growing willingness to kill civilians
during the year. In the central part of the country, armed groups known
as zaraguinas engaged in widespread kidnappings, at times killing
family members of individuals who could not or would not pay ransom.
Although information about these armed groups and highway bandits was
difficult to obtain, aid workers and UN officials described them as a
combination of common criminals and remnants of insurgent groups from
the recurring conflicts in the region.
On February 22, Mayor Emmanuel Voulele of Koui and four of his
staff were kidnapped for ransom. A partial payment of the ransom led to
the release of two persons; however, the mayor was later killed. At
year's end no one had been charged for the crime.
No further information was available at year's end on the alleged
massacre of 56 civilians in the village of Massabo near Boromata in
February 2007.
Civilians reportedly continued to kill and injure persons suspected
of being sorcerers or witches during the year.
On August 1, three persons accused of sorcery following the death
of a young woman were killed by the local population in Pissa. Acting
on the advice of a local marabout, or religious fortune teller,
villagers invaded the detention facility, wrested the accused from
gendarmes, and killed them. Five persons were arrested and at year's
end were awaiting trial.
b. Disappearance.--There were no reports of politically motivated
disappearances.
During the year unidentified armed groups kidnapped and held for
ransom M'boboro children, local officials, and a group of medical
personnel in Ouham Pende prefecture.
On February 10, unidentified gunmen in Bombole took two medical
doctors and four medical personnel hostage and demanded ransom. The
hostages were released five days later when the National Medical
Association threatened to call a strike and the local population
mobilized against the kidnappers. At year's end no one had been charged
for the kidnapping.
The February 22 kidnapping of the mayor of Koui resulted in his
death. (See Section 1.a.)
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the law and the constitution prohibit torture and
specify punishment for those found guilty of physical abuse, police and
security services continued to torture, beat, and otherwise abuse
criminal suspects, detainees, and prisoners, according to local human
rights groups such as the Association Against Torture (ACAT) and the
Central African Human Rights League (LCDH). The Government did not take
effective action to punish police who tortured suspects, and impunity
remained a problem. Family members of victims and human rights groups,
including the LCDH, filed complaints with the courts but the
authorities took no action. Members of the military raped, robbed, and
abused civilians in conflict areas.
According to ACAT, torture and beating of detainees occurred
frequently in detention centers run by the Services des Recherches et
Investigations (SRI) and the OCRB.
Police most commonly employed a form of torture known as ``le
cafe,'' the repeated beating of the soles of an individual's feet with
a baton or stick. Immediately after administering the beating, police
would sometimes force the victim to walk on badly bruised feet and, if
the individual was unable to do so, would continue beating the
individual. For example, in January several individuals accused of
embezzlement or banditry near Bambari were given this punishment.
On October 20, Dieu-Beni Pani was arrested for fraud and taken to
the ORCB police headquarters where he was beaten severely. On October
29, he was moved to the SRI police headquarters where he was shackled
and beaten unconscious before being returned to his OCRB cell. He later
was released to a local hospital with severe injuries. No update was
available at year's end on his condition.
Members of the presidential guard and armed forces continued to
beat and abuse civilians, including journalists. In August Lieutenant
Olivier Koudemon of the presidential guard threatened to kill Sylvestre
Boymandja following a dispute over a vehicle rental; Boymandja took his
complaint to the SRI. When summoned by SRI authorities, Koudemon came
armed and began insulting and beating Boymandja. When convoked by the
prosecutor's office, Koudemon arrived accompanied by other presidential
guards. In the office lobby, he pulled out his gun, threatened to kill
Boymandja and his relatives, and started beating Boymandja's sister in
front of the deputy prosecutor. By year's end the military had taken no
action against Koudemon.
On December 22, Koudeman and his colleagues in the presidential
guard attacked and beat several of his neighbors in the Boy-Rabe
neighborhood of Bangui following a dispute over a stolen chicken, an
incident widely reported in the press. On December 27, Koudemon
attacked another Boy-Rabe woman after a roadside dispute, according to
the local press.
On July 13, Corporal Zilo and five of his colleagues from FACA
severely beat Dany Tapandji Zingazo for allegedly looking at Zilo's
girlfriend. Tapandji remained incapacitated by his injuries, and at
year's end the authorities had not investigated the incident.
Members of security forces, particularly members of the military,
reportedly raped civilians during the year, although sexual assault
reporting remained rare throughout the country. Security personnel
rarely were punished, and suspects either escaped from police custody
or were released by fellow soldiers and other security agents.
On December 27, Nganatouwa Goungaye Wanfiyo, one of the lawyers for
the victims in the International Criminal Court (ICC) proceedings
against Congolese politician and militia leader Jean-Pierre Bemba, died
in an automobile accident near Sibut. While there was no evidence of
foul play, several nongovernmental organizations (NGOs) called for an
investigation given the sensitive nature of his work.
There were no further developments in the ongoing ICC investigation
into the 2005 charge against former president Ange-Felix Patasse and
others for crimes against humanity committed prior to and during the
2003 coup.
Civilians continued to take vigilante action against suspected
thieves, poachers, and some persons believed to be Chadian combatants.
Prison and Detention Center Conditions.--Prison conditions were
extremely harsh and well below international standards. Prison
conditions outside Bangui generally were worse than those in the
capital. There were reports that guards tortured prisoners. There were
an estimated 400 prisoners in Bangui as of year's end. Prison cells
were overcrowded and basic necessities, including food, clothing, and
medicine, were inadequate and often confiscated by prison officials.
Prisoners depended on family members to supplement inadequate prison
meals and sometimes were allowed to forage for food near the prison.
Prisoners frequently were forced to perform uncompensated labor.
According to one international observer, detainees outside the
capital received no food from prison authorities. For example, a Ba'Aka
(Pygmy) prisoner arrested in Bayanga during the year was transferred to
Nola, where he died after eating a poisonous toad out of hunger and
desperation.
There were two prisons in Bangui, Ngaragba Central Prison for men
and Bimbo Central Prison for women. Inmates with infectious diseases
lived among healthy inmates. A nurse was available at both prisons for
inmates needing medical care. Detainees and inmates at both prisons
received one meal per day. Meals were insufficient and prisoners
complained of meals made from inferior ingredients. Inmates slept on
the floor or on thin matting provided by their families or charities.
Authorities at both prisons permitted detainees' families to make
weekly visits.
By September there were 340 inmates in Ngaragba Prison, most of
them pretrial detainees. Several detainees had been held for seven
months without appearing before a judge. In some cell blocks there were
10 individuals in each common room. The more crowded cellblocks
contained four rooms, in which approximately 30-40 prisoners slept,
usually on bare concrete floors. Prisoners in these cellblocks
complained that water supplies were inadequate and often were cut. In
the prison section reserved primarily for educated prisoners and former
government officials suspected or convicted of financial crimes, common
rooms held four to eight persons on average. In August a prisoner died
in Ngaragba and authorities temporarily refused to allow for the body's
removal, leading to a brief riot.
As of June, Bimbo Central Prison housed 44 female detainees, many
of whom were pretrial detainees. Several individuals had been detained
for months and had not appeared before a judge; few had lawyers. Prison
officials allowed detainees who were ill to be treated by a nurse who
visited regularly. Overcrowding was reportedly not a problem, and
children younger than five were allowed to stay with their mothers at
the prison. By year's end a new block of toilets and showers built by
the International Committee of the Red Cross (ICRC) alleviated concerns
about inadequate sanitary facilities. There were no reports of rapes or
sexual harassment by the all-male prison guard staff.
Male and female prisoners were held in separate facilities in
Bangui but housed together elsewhere. Juveniles were sometimes held
with adult prisoners. For example, in June observers from a UN agency
found five minors between the ages of 12 and 16 among the prisoners at
Ngaragba. Pretrial detainees were not held separately from convicted
prisoners.
Conditions in detention centers were worse than those in prisons
and in some cases were life threatening. Bangui's police detention
centers consisted of overcrowded cells with very little light and leaky
buckets for toilets. Poor sanitation and negligence by authorities
posed a serious health risk to detainees. According to local human
rights groups, lack of training and poor supervision at detention
centers were serious problems and continued to result in torture and
beatings. Suspects in police and gendarmerie cells had to depend on
family, friends, religious groups, and NGOs for food. Detainees with
infectious diseases lived among healthy prisoners, and medicine was not
available. Suspects generally slept on bare cement or dirt floors.
Corruption among guards, who had not been paid in months, was rife.
Guards often demanded between 200 CFA francs (approximately $0.40) and
300 CFA francs (approximately $0.60) to permit showers, allow the
delivery of food and water, or permit family visits.
International observers noted that the detention center in the
gendarmerie in Bouar had neither windows nor a toilet, only a bucket
that was emptied every other day. Detainees at the police facility in
Bouar slept chained to each other, a measure the police justified by
alleging the detainees were recidivists and undisciplined.
In Bangui male and female detainees were separated; however, this
was reportedly not the case in detention facilities in the countryside.
There were no separate detention facilities for juvenile detainees, who
routinely were housed with adults and often subjected to physical
abuse.
The Government restricted prison visits by human rights observers
during the year, more so than in the previous year, particularly after
the detention and eventual release of journalist Faustin Bambou.
Although international observers were not denied visits, the Government
delayed responses to visit requests, often for weeks or months. The
ICRC and religious groups routinely provided supplies, food, and
clothes to prisoners. The ICRC had unrestricted access to prisoners;
however, access for some other observers was at times limited to
certain areas.
Arbitrary Arrest or Detention.--The law provides protection against
arbitrary arrest and detention and accords detainees the right to a
judicial determination of the legality of their detention; however,
security forces frequently ignored such provisions, and arbitrary
arrest and detention remained a problem.
Role of the Police and Security Apparatus.--The Ministry of the
Interior and Public Security, through the director general of police,
has oversight over the activities of the National Police, including the
OCRB. The Ministry of Defense oversees military forces, including the
presidential guard, the National Gendarmerie, and the SRI. The police
and the military share responsibility for internal security.
As part of its efforts to protect citizens and safeguard property,
the Government continued to support joint security operations in the
capital conducted by several hundred regional armed forces
peacekeepers, renamed Mission for the Coordination of Peace (MICOPAX),
stationed throughout the country as well as by French and European
forces in the northeastern Vakaga prefecture.
Police were ineffective; they severely lacked financial resources,
and their salaries were often in arrears. Citizens' lack of faith in
police led at times to mob violence against persons suspected of theft
and other offenses. Police corruption, including the use of illegal
roadblocks to commit extortion, remained a problem; however, removal of
some illegal roadblocks enabled more freedom of movement and easier
transportation by year's end.
Mechanisms existed for redress against police abuse. Citizens could
and did file complaints with the public prosecutor. The most common
complaints involved theft, rape, brutality, and embezzlement. However,
impunity remained a severe problem. Although the prosecutor had the
authority to order the arrest of police officers suspected of
committing abuses and exercised that authority during the year, the
prosecutor's staff was small and severely underfunded. There were no
prosecutions of police officers during the year, according to the
deputy prosecutor.
The human rights section of the UN Peace Building Office in the
Central African Republic (BONUCA) continued to provide security forces,
including police officers, with human rights training, and during the
year it sponsored training for FACA and MICOPAX soldiers in Bossangoa,
Nola, and Alindao. It also organized similar training for presidential
guard soldiers in December. BONUCA placed UN human rights observers in
three regional UN offices in northwestern and central parts of the
country. While BONUCA reported on human rights and worked with the
local human rights community, local and international observers
criticized its human rights section for its inability or refusal to
bring such abuses to light or demand redress. Due in part to previous
criticisms on its lack of public reporting, BONUCA released in August
its first public report on the human rights situation and on abuses
that occurred in the country during the first quarter of the year.
Arrest and Detention.--Judicial warrants are not required for
arrest. The law stipulates that persons detained in cases other than
those involving national security must be informed of the charges
against them and brought before a magistrate within 48 hours. This
period is renewable once, for a total of 96 hours. In practice
authorities often did not respect these deadlines, in part due to
inefficient judicial procedures and a lack of judges. In several police
detention centers, including the SRI, detainees were held for more than
two days and often for four weeks before bringing their cases before a
magistrate. The law allows all detainees, including those held on
national security grounds, to have access to their families and to
legal counsel. Indigent detainees may request a lawyer provided by the
Government, although it was not known if this right was often invoked.
Detainees are allowed to post bail or have family members post bail for
them. In most cases lawyers and families had free access to detainees,
but incommunicado detention occasionally occurred.
There were different standards for treatment of detainees held for
crimes against the security of the state. National security detainees
may be held without charge for up to eight days, and this period can be
renewed once, for a total of 16 days. However, in practice persons
accused of crimes against the security of the state were held without
charge for longer periods.
Security forces arbitrarily arrested persons, including
journalists. In January presidential guard soldiers arrested several
highway bandits in Ouham prefecture without following judicial
procedures. The soldiers subsequently beat the detainees and freed them
after several days.
In January presidential guard Lieutenant Eugene Ngaikosse ordered
the arrest of Markounda Mayor Tolngar Vincenta for allegedly urging his
citizens to flee during a presidential guard trip to the town. The
mayor was released three weeks later.
In April Bertin Aristide Kabamba, a former Congolese army
commandant who had received refugee status in the country in 2003, was
imprisoned by the SRI security service following unspecified
allegations of abuse. At year's end he remained in custody.
In September presidential guard members arrested Christian Mocket,
an official working at the presidency, following his letter to the
president criticizing corruption surrounding the presidency, including
the presidential guard. Mocket remained in detention at the SRI at
year's end, and no further information was available as to his
condition or the charges against him.
Gendarmes in Markounda arrested and held 19 persons for two days in
December 2007 allegedly for maintaining dirty and unhygienic houses.
During the year individuals, particularly women, continued to be
arrested and charged with witchcraft, an offense punishable by
execution, although no one received the death penalty during the year.
Prison officials at Bimbo Central Prison for women stated that accused
witches were detained for their own safety since village mobs sometimes
killed suspected witches. In late 2005 Bangui prison officials
estimated that 50 to 60 percent of female detainees were arrested in
connection with charges of witchcraft.
In June an 80-year-old man and a married couple were detained in
Bambari after villagers accused them of sorcery.
Prolonged pretrial detention was a serious problem. At year's end
pretrial detainees comprised 49 percent of Ngaragba Central Prison's
population and an estimated 80 percent of Bimbo Central Prison's
population. Detainees usually were informed of the charges against
them; however, many waited in prison for several months before seeing a
judge. Judicial inefficiency and corruption, as well as a shortage of
judges and severe financial constraints on the judicial system,
contributed to pretrial delays. Some detainees remained in prison for
years because of lost files and bureaucratic obstacles.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the judiciary remained subject to the
influence of the executive branch, and, despite government efforts to
improve it, the judiciary was inadequate to meet its tasks.
In February President Bozize reopened the Constitutional Court. He
had closed it in 2007 after a dispute over Supreme Court judges who
opposed government-supported legislation affecting the country's only
petroleum supplier, the French oil company Total. The April 2007 case
was resolved following an out-of-court settlement.
The courts continued to suffer from inefficient administration, a
shortage of trained personnel, growing salary arrears, and a lack of
material resources. Many citizens effectively lacked access to the
judicial system. Citizens often had to travel more than 30 miles to
reach one of the country's 35 courthouses. Consequently, traditional
justice at the family and village level retained a major role in
settling conflicts and administering punishment.
Judicial corruption remained a serious impediment to citizens'
right to receive a fair trial. According to the LCDH, corruption
extended from the judges down to the bailiffs. Many lawyers paid judges
for verdicts favorable to their clients. There were, however, some
efforts to combat judicial corruption, including by several UN agencies
and the European Union.
The president appoints judges after the Superior Council of
Magistrates nominates them. The judiciary consists of 24 tribunals of
first instance, three courts of appeal, a Final Court of Appeals (Cours
de Cassation), a High Court of Justice, commercial courts, a military
court, and a Constitutional Court. There are also children's and labor
tribunals, as well as a Tribunal for Financial Crimes. The highest
court is the Constitutional Court, which determines whether laws passed
by the National Assembly conform to the constitution and hears appeals
challenging the constitutionality of a law. The Permanent Military
Tribunal judges only members of the military.
A law adopted by the National Assembly in September introduced
significant reforms regarding the composition of the Superior Council
of Magistrates and gave a majority of the membership to non-
magistrates. The magistrates' and lawyers' associations complained that
they had not been consulted, which resulted in a one-month strike by
magistrates. The press and opposition political parties viewed the
reform as a sharp limitation of judicial independence as well as an
expansion of executive power.
There were numerous reports that, in reaction to judicial
inefficiency, citizens in a number of cities organized to deal with
cases through parallel justice and persecution, such as mob justice, or
resorted to neighborhood tribunals and appeals to local chiefs,
especially in cases of suspected witchcraft.
Trial Procedures.--Trials are public, and defendants have the right
to be present and to consult a public defender. Juries are used for
criminal trials. If an individual is accused of a serious crime and
cannot afford a lawyer, the Government has an obligation to provide
one. In practice the Government provided counsel for indigent
defendants, although this process was often slow and delayed trial
proceedings due to the state's limited resources. Defendants have the
right to question witnesses, to present witnesses and evidence on their
own behalf, and to have access to government-held evidence. Defendants
are presumed innocent until proven guilty, and, if convicted have the
right to appeal. The Government generally complied with these legal
requirements. The judiciary, however, did not enforce consistently the
right to a fair trial, and there were many credible reports of
corruption within the court system. One indigenous ethnic group in
particular, the Ba'Aka, reportedly was subject to legal discrimination
and unfair trials.
Witchcraft occasionally was tried in the regular courts and could
be punishable by execution, although no death sentences were imposed
during the year. Most individuals who were convicted received sentences
of one to five years in prison; they could also be fined up to 817,800
CFA francs (approximately $1,630). During a typical witchcraft trial,
doctors of traditional medicine were called to give their opinion of
the suspect's ties to sorcery, and neighbors were called as witnesses.
Police and gendarmes conducted investigations into witchcraft.
Political Prisoners and Detainees.--Unlike in the previous year,
there were no reports of political prisoners or detainees.
In October 2007, Lydie Florence Ndouba, who had close family ties
to former president Patasse and was detained in 2006, was freed from
custody.
Authorities granted BONUCA's human rights unit and human rights and
humanitarian NGOs limited access to all prisoners and detainees,
although bureaucratic requirements for visits and delays significantly
restricted their frequency during the year.
Civil Judicial Procedures and Remedies.--The constitution provides
for an independent judiciary in civil matters, and citizens had access
to a court to bring lawsuits seeking damages for, or cessation of, a
human rights violation; however, there was a widespread perception that
judges were bribed easily and that litigants could not rely on courts
to render impartial judgments. Many courts were understaffed, and
personnel were paid poorly.
f.Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits searches of homes without a warrant
in civil and criminal cases; however, police sometimes used provisions
of the penal code governing certain political and security cases to
search private property without a warrant. Security forces continued to
carry out warrantless searches for guns and ammunition in private
homes.
Local journalists alleged that the Government tapped their
telephones and that they were harassed regularly by telephone.
Kina Baptist Church, which security forces burned in 2006 pursuant
to a presidential order, reopened during the year.
Use of Excessive Force and Other Abuses in Internal Conflicts.--
Government and opposition forces engaged in serious and numerous
violations of human rights in the course of their struggle for control
of the northern part of the country. Human rights abuses were
particularly prevalent in the northwest, where soldiers, rebels, and
bands of unidentified armed men attacked civilians. In the view of many
observers, the Government controlled little more than half of the
country during the year. Although government forces and rebel groups
maintained a cease-fire for much of the year, renewed fighting in
September, October, and December jeopardized the peace process underway
between the Government and rebel leaders. Civilians were caught in the
crossfire between the rebels and counterattacks by the military, which
often accused them of supporting the rebels, although these battles
were fewer than in the previous year.
In the northwest, several politically motivated rebel groups,
including the Popular Army for the Restoration of the Republic and
Democracy (APRD) and the Central African People's Democratic Front
(FDPC), continued their struggle against government security forces.
Rebels of the APRD partly controlled areas in the northwest, outside of
the major cities and towns.
In the northeast, the Union of Democratic Forces for Unity (UFDR)
forces maintained an uneasy peace with government forces, and the two
groups led joint security patrols in and around Sam Ouandja, which
reduced fighting in that town.
UN efforts at disarmament, demobilization, and reintegration
stalled during the year. The UN-led process continued to map out the
restructuring and redeployment of military forces, while the
disarmament, demobilization, and reintegration of rebel forces remained
on hold pending a final peace agreement. In August the Government
started a project for the reduction and control of small and light arms
with the destruction of 461 arms collected through previous programs.
In addition to recognizable rebel organizations, unidentified armed
groups, taking advantage of weakened security, continued to attack,
kill, rob, beat, and rape civilians and loot and burn villages in the
north. Kidnappings by such groups also increased during the year,
contributing significantly to the country's massive population
displacement.
Killings.--Extrajudicial killings reportedly decreased; however,
during military operations conducted against rebel groups and/or
highway bandits, government forces did not distinguish between the
armed groups and civilians in the villages. In reprisal, government
forces often burned houses and sometimes killed villagers accused of
being accomplices of rebels or highway bandits.
UN observers noted numerous cases of extrajudicial killings by
security forces, using disproportionate force against suspect bandits
and rebels.
On January 15 and 16, security forces shot and killed three men
suspected of banditry. At year's end no one had been charged in the
killing.
On March 19, a group of FACA training at the Centre d'Instruction
Militaire in Bouar returned from a patrol showing off the decapitated
heads of several suspects they had summarily executed. At year's end no
one had been charged in the killings.
On November 11, near Kabo, rebels from the FDPC rebel group under
the command of Martin Koumtamadji, a.k.a. Abdoulaye Miskine, attacked a
FACA unit, and shot and killed 10 soldiers, while displacing civilians
in the surrounding villages. Miskine claimed not to have ordered the
attack and recommitted to a cease-fire.
No further information was available on the extrajudicial killings
of civilians by government forces in the northeast in 2006 and January
2007, as reported by Human Rights Watch (HRW).
No information was available on the January 2007 executions in
Kaga-Bandoro by government soldiers, nor killings near the towns of
Paoua, Bossangoa, and Lia by FACA and presidential guard forces. No
known action was taken against any of the perpetrators.
By year's end authorities had not investigated or tried members of
FACA or the presidential guard for the 2006 killings of large numbers
of civilians in the northwest. In January Philip Alston, the UN Special
Rapporteur for Extrajudicial Executions for the UN Human Rights
Council, met with President Bozize and Lieutenant Eugene Ngaikosse and
expressed his concern at government inaction, noting that Ngaikosse
remained free and that no complaint had been filed against him. In a
press conference, Alston noted a decrease in reports of extrajudicial
killings but underscored his concern over the prevailing impunity in
the ranks of the military, particularly the presidential guard. He was
told that Ngaikosse faced charges of stealing a car from another senior
member of the Government, but that his punishment from his military
superiors was reduced from 45 days to three days.
No further information was available in the June 2007 death of
French humanitarian volunteer Elsa Serfass, who was participating in a
mission with Doctors without Borders (MSF).
Abductions.--There were no reports of government forces abducting
civilians during the year.
During the year APRD rebels in the northwest continued to kidnap,
beat, and extort money from the local population. They looted villages
on the Ouandago-Batangafo road multiple times and beat villagers if
they tried to resist. Reports from this area also indicated that rebel
forces took civilians hostage to extort money from their families.
There was little or no response on the part of local authorities to
multiple kidnappings of civilians by armed groups considered to be
bandits or zaraguinas. (See Section 1.a.)
Physical Abuse, Punishment, and Torture.--Government forces and
rebel groups mistreated civilians, including through torture, beatings,
and rape in the course of the conflicts. During military operations
conducted against rebel groups or highway bandits, the armed forces
often burnt homes and did not distinguish between armed groups and
local civilian population they regarded as accomplices, though less so
than in the previous year.
In March a man in Bossangoa was detained for four days by
presidential guard Lieutenant Ngaikosse with his arms and legs tied,
leaving scars and deep marks on his wrists and ankles. He was also
beaten on his bare feet. The public prosecutor claimed the abuse came
from local villagers and not security forces. Authorities took no
further action.
International and domestic observers reported that during the year
security forces, rebel soldiers, Chadian soldiers, and bandits
continued to attack cattle herders, primarily members of the M'bororo
ethnic group. Many observers believed M'bororo were targeted primarily
because of their perceived wealth and the relative vulnerability of
cattle to theft. One UN agency reported that, according to its NGO
partners in the affected region, the attackers often were themselves
M'bororo.
More than 20,000 M'bororo who fled the northwestern region as a
result of 2007 attacks remained refugees in Cameroon. M'bororo cattle
herders were also disproportionately subjected to kidnapping for
ransom, which increased in the first part of the year. A UN agency
working in the area indicated that the perpetrators often kidnapped
women and children and held them for ransoms of between one million and
two million CFA francs (approximately $2,000 and $4,000). Victims,
whose families could not or would not pay, were often killed. Armed
groups in the country continued to conduct frequent attacks on the
M'bororo population on the Cameroonian side of the border despite the
Cameroonian government's deployment of elite security forces.
Some observers noted the use of rape to terrorize the population in
the northern prefectures by both government forces and rebel groups. In
August 2007 over 200 survivors of rape came forward in the area around
Kaga-Bandoro, according to one report. Given the social stigma attached
to rape, any report would likely underestimate the incidence of rape in
the conflict zones. Several NGOs and UN agencies conducted gender-based
violence awareness and treatment campaigns during the year in northern
prefectures and Bangui.
Child Soldiers.--According to HRW, numerous APRD groups included
soldiers as young as 12. In addition, the UFDR rebel movement admitted
that many child soldiers fought with it. Amnesty International also
reported that UFDR forces actively recruited children. The UN
Children's Fund (UNICEF) and other observers noted that, while the
child soldiers were willing to demobilize and were anxious to attend
school, their communities lacked the most basic infrastructure.
In February and March the Lord's Resistance Army (LRA) attacked
several villages from Bambouti to Obo. According to the Archbishop of
Bangassou who visited the area in May, the group attacked several
villages kidnapping 157 persons including 55 children. LRA forces
looted and burned houses before returning to the Democratic Republic of
Congo (DRC). Men and boys were used as porters, and women and girls as
sexual slaves; those above the age of 16 were later released, while
approximately 55 of the kidnapped young boys and girls remained in LRA
custody. The Government sent security forces to the prefecture
following the attack, but did not increase security forces on the
eastern border until a renewed threat of attack appeared at the end of
December.
Other Conflict-related Abuses.--In the northwest members of the
Government security forces, including the FACA and presidential guard,
continued to project a presence from the larger towns, and occasionally
engaged in combat with rebel groups and bandits. While the cease-fire
between government forces and rebel groups allowed some displaced
persons to return home, approximately 200,000 persons remained
displaced in the bush or in refugee camps along the Chadian or
Cameroonian border.
In the northeast, government forces burned houses and other
buildings after retaking the town of Ouandja. The town was considered
sympathetic to the UFDR rebellion.
Because security forces perceived members of the Goula ethnic group
as sympathetic to or collaborators with UFDR rebels, and due to the
perception among Goula communities that government forces targeted
them, many Goula in the northeast fled their homes.
Internal movement was severely impeded, particularly in the
northern and northwestern parts of the country that the Government did
not control, by unidentified bandits and rebels, including former
combatants who helped President Bozize come to power in 2003. Highway
bandits also committed many kidnappings and armed robberies.
Sporadic fighting between government security forces and rebel
groups, attacks on civilians by rebels, armed banditry, and the
occasional misbehavior by government soldiers kept many internally
displaced persons (IDPs) from their homes. Nonetheless, the decrease in
active combat from the previous year allowed many to return to their
homes, particularly those from more rural villages. UNHCR estimated the
number of IDPs decreased during the year from approximately 212,000 in
December 2007 to an estimated 101,000 at year's end.
Citizens continued to be displaced throughout the year, though less
so than in the previous year. The overwhelming majority of IDPs were in
the northwestern prefectures of Ouham and Ouham Pende, where some
civilians remained displaced from their villages out of fear and lived
in the bush for much of the year, returning occasionally to their
fields to plant or scavenge. NGOs and UN agencies observed anecdotal
evidence that some civilians were returning in the northwest
prefectures, but this was not a widespread phenomenon. Thousands of
individuals remained homeless due to fighting in the north-central
prefectures of Haute Kotto and Bamingui-Bangoran and the northeastern
prefecture of Vakaga due to renewed fighting within the UFDR as well as
a nascent ethnic conflict between the Goula and Rounga communities.
Hygiene-related illnesses and chronic malnutrition continued as attacks
or fear of attacks prevented many subsistence farmers from planting
crops, and attackers either stole most of the livestock, or the farmers
fled with their livestock to safety in neighboring Cameroon. Chronic
insecurity also rendered the northwestern region occasionally
inaccessible to commercial, humanitarian, and developmental
organizations, contributing to the lack of medical care, food security,
and school facilities, though less so than in the previous year.
Humanitarian organizations continued to supply some emergency relief
and assistance to displaced populations, though long-term development
projects remained suspended due to ever-changing security situations
and sporadic fighting.
The Government did not attack or target IDPs although some IDPs
were caught in the fighting between government forces and the rebels.
The Government provided little humanitarian assistance, but it allowed
UN agencies and NGOs to access these groups to provide relief. In 2007
the Government also allowed the creation of the first camp for IDPs in
Kabo.
MICOPAX peacekeepers and government forces conducted joint security
operations in an effort to secure the northern region and control the
proliferation of small arms. Despite these operations, however, the
Government was not able to provide sufficient security or protection
for IDPs in the northern region.
Refugees and IDPs continued to flee the country during the year,
although the number of IDPs decreased at year's end while the number of
refugees stayed roughly the same. The fighting, along with banditry and
kidnapping by unidentified groups, kept more than 200,000 residents
away from the villages they had fled the previous year and led them to
seek refuge in Chad (50,000) or Cameroon (45,000), or to live in the
bush (101,000). During the year the number of persons who abandoned
their villages anew in Ouham and Ouham Pende was approximately 8,000.
These persons mainly fled to Moyenne Sido near the Chad border.
On November 8, a dissident group of former rebels from the UFDR
attacked the town of Sam Ouandja, which was defended by a joint UFDR-
FACA unit. Two rebel soldiers were killed and one government soldier
wounded. Although the attack did not specifically target the civilian
population, much of the town's population fled temporarily and suffered
several days of living in the surrounding area before returning.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and the Press.--The constitution and law
provide for freedom of speech and of the press; however, authorities
continued to employ threats and intimidation to limit media criticism
of the Government, although there were fewer instances than in the
previous year. Journalists who worked for state-owned media reportedly
practiced self-censorship.
A number of newspapers criticized the president, the Government's
economic policies, and official corruption throughout the year. There
were more than 30 newspapers, many privately owned, which circulated
daily or at less frequent intervals. Five independent dailies,
including Le Citoyen, Le Confident, and Le Democrate, were available in
Bangui but were not distributed outside of the Bangui area, and the
absence of a functioning postal service continued to hinder newspaper
distribution. Financial problems prevented many private newspapers from
publishing regularly, and the average price of a newspaper,
approximately 300 CFA francs ($0.60), was higher than most citizens
could afford.
Radio was the most important medium of mass communication, in part
because the literacy rate was low. There were a number of alternatives
to the state-owned radio station, Radio Centrafrique. The privately
owned Radio Ndeke Luka continued to provide popular and independent
broadcasts, although its reach was limited outside Bangui. Ndeke Luka
broadcast domestically produced national news and political commentary
on FM airwaves in Bangui and rebroadcast international news throughout
the country on shortwave radio with assistance from a foreign media
development organization and the UN Development Program. Radio Notre
Dame, which the Catholic Church owned and operated, broadcast national
news, debates, legal counseling, and human rights education.
International broadcasters, including Radio France Internationale,
continued to operate during the year. Radio of Peace broadcast Islamic
religious programs in Arabic and Sango. According to the High Council
for Communications (HCC), two license requests were pending at year's
end for community-supported radio stations.
The Government continued to monopolize domestic television
broadcasting, and television news coverage generally supported
government positions. The Government approved one license application
for a private television station during the year.
The media continued to face many difficulties, including chronic
financial problems, a serious deficiency of professional skills, the
absence of an independent printing press, and a severe lack of access
to government information.
There were no further developments in the case of Temps Nouveaux
editor Michel Alkhady Ngady, who was arrested, fined, and imprisoned
for two months in 2007 after he contested appointments to the HCC.
Ngady remained free during the year and continued publication of his
newspaper, but the charge of ``disobedience to public authorities''
remained pending before an appeals court.
During the year security forces often harassed journalists and
sometimes physically and verbally threatened them; there were also
reports of government ministers and other senior officials threatening
journalists who were critical of the Government.
For example, in February Radio N'deke Luka journalist Jean-Magloire
Issa was threatened and beaten by presidential guard member Olivier
Koudemon, who accused the journalist of refusing to stop for the
presidential motorcade as it passed through Bangui.
Arbitrary arrest and detention remained a problem.
On January 11, authorities arrested Faustin Bambou, editor of Les
Collines de Bas-Oubangui, after he reported that two government
ministers had embezzled almost seven billion CFA francs (approximately
$14 million) from French nuclear company AREVA. Bambou was detained
without charge for several days and then tried and convicted on
defamation charges, despite protests from local and international
journalists who noted that press offenses were decriminalized in 2005.
He was sentenced to six months in jail but released after spending 44
days in prison following a presidential pardon in March.
In March Patrick Agoudou of the newspaper La Plume was arrested and
detained for four days at the SRI for publishing an editorial on a
controversy surrounding the country's football federation. He was later
released without charges.
In June Ferdinand Samba, the editor of the private newspaper Le
Democrate, was summoned for three consecutive days to the SRI and
questioned about an article critical of the justice minister. He was
charged with defamation and given a six-month suspended sentence
following his trial.
There were no further developments in the case of former Radio
N'Deke Luka journalist Zephirin Kaya, who was harassed in 2007
following his reports on abuses against civilians by government forces.
Imprisonment for defamation and censorship was abolished in 2005;
however, journalists found guilty of libel or slander faced fines of
100,000 to eight million CFA francs (approximately $200 and $16,000)
and were on occasion arrested and detained.
The law provides for imprisonment and fines of as much as one
million CFA francs (approximately $2,000) for journalists who use the
media to incite disobedience among security forces or incite persons to
violence, hatred, or discrimination. Similar fines and imprisonment of
six months to two years may be imposed for the publication or broadcast
of false or fabricated information that ``would disturb the peace.''
The Ministry of Communications maintained a ban on the diffusion by
media of songs, programs, or articles deemed to have a ``misogynist
character'' or to disrespect women.
Unlike in the previous year there were no reports that violence
perpetrated by former pro-Bozize rebel fighters, forces loyal to former
president Patasse, and armed bandits prevented Bangui-based reporters
from venturing outside the capital.
Internet Freedom.--There were no reports that the Government
monitored e-mail or Internet chat rooms. Although less than 1 percent
of the population had access to the Internet, 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 the right of assembly;
however, the Government restricted this right on a few occasions.
Organizers of demonstrations and public meetings were required to
register with the minister of the interior 48 hours in advance;
political meetings in schools or churches were prohibited. Any
association intending to hold a meeting was required to obtain the
Ministry of Interior's approval. In some cases the ministry refused
permission ``for security reasons.''
Unlike in the previous year there were no reports that the
Government monitored opposition meetings.
Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right. All
associations, including political parties, must apply to the Ministry
of Interior for registration, and the Government usually granted
registration expeditiously. The Government normally allowed
associations and political parties to hold congresses, elect officials,
and publicly debate policy issues without interference, except when
they advocated sectarianism or tribalism.
A law prohibiting nonpolitical organizations from uniting for
political purposes remained in place; however, there were no reports
that this law was enforced during the year.
c. Freedom of Religion.--The constitution provides for freedom of
religion, although it prohibits what the Government considers to be
religious fundamentalism or intolerance and establishes fixed legal
conditions based on group registration with the Ministry of Interior.
The Government generally respected the right during the year. The
constitutional provision prohibiting religious fundamentalism was
understood widely to be aimed at Muslims, who made up approximately 10
percent of the population, but this provision has not been implemented
by enabling legislation.
Religious groups (except for traditional indigenous religious
groups) were required by law to register with the Ministry of Interior.
The ministry's administrative police monitored groups that failed to
register; however, police did not attempt to impose any penalties on
such groups during the year. The ministry could decline to register,
suspend the operations of, or ban any organization that it deemed
offensive to public morals or likely to disturb the peace. Any
religious or nonreligious group that the Government considered
subversive was subject to sanctions.
The Ministry of Interior also could intervene to resolve internal
conflicts about property, finances, or leadership within religious
groups.
In September 2007 the Government banned the church ``Eglise Jehova
Sabaoth,'' led by Reverend Ketafio, and maintained the ban during the
year. According to the Ministry of Interior, the pastor was using false
documents and diplomas, following an investigation into his mass
healings and other public events. Despite the ban, the pastor continued
to preach from his home during the year.
Mobs reportedly continued to kill and injure persons suspected of
being sorcerers or witches during the year. Police often arrested and
detained persons accused of witchcraft or sorcery.
Societal Abuses and Discrimination.--There was no significant
Jewish community, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement, foreign travel, emigration, and repatriation; however, the
Government restricted freedom of movement and foreign travel during the
year. Security forces, customs officers, and other officials harassed
travelers unwilling or unable to pay bribes or ``taxes'' at checkpoints
along major intercity roads and at major intersections in Bangui,
although these roadblocks had decreased significantly by year's end.
During the year police continued to stop and search vehicles,
particularly in Bangui, in what amounted to petty harassment in search
of bribes. Local human rights organizations and UN officials said the
problem of illegal road barriers and petty extortion by members of the
military was widespread, but had decreased from the previous year.
During the year merchants and traders traveling the more than 350 mile
main route from Bangui to Bangassou encountered an average of 25
military barriers; at each roadblock, a motorist paid an average fee of
8,781 CFA francs (approximately $18). This extortion greatly
discouraged trade and road travel and severely crippled the country's
economy. Following protests from National Assembly deputies and human
rights organizations, the Government ordered the demolition of illegal
barriers on the roads and set up a team to travel the country and
enforce the prohibition of illegal or extrajudicial roadblocks in late
2007. These efforts led to far fewer reports of harassment and petty
bribes during the year, though there remained sporadic reports of such
harassment.
Freedom of movement, including of traders and delivery trucks, was
also severely impeded in conflict zones, though roadblocks and other
blockages decreased in number throughout the year.
With the exception of diplomats, the Government required that all
foreigners obtain an exit visa. Travelers intending to exit the country
could be required to obtain affidavits to prove that they owed no money
to the Government or to parastatal companies.
The constitution does not permit the use of exile, and the
Government did not employ it in practice. Former president Patasse,
convicted in absentia for embezzlement, remained outside the country
during the year.
Internally Displaced Persons (IDPs).--Sporadic fighting between
government forces and rebel groups, attacks on civilians by rebels, and
armed banditry prevented the approximately 101,000 persons still
displaced since 2006 from returning to their homes.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government accepted refugees without
subjecting them to individual screening.
The Government continued to cooperate with the UNHCR and other
humanitarian organizations in assisting approximately 9,500 refugees in
the country.
During the year security forces subjected refugees, as they did
citizens, to arbitrary arrest and detention. Refugees were especially
vulnerable to such human rights violations. The Government allowed
refugees freedom of movement, but like citizens, they were subject to
roadside stops and harassment by security forces and unidentified armed
groups. Refugees' access to courts, public education, and basic public
health care was limited by the same factors that limited citizens'
access to these services.
Several international organizations worked with the Government and
UNHCR to assist refugees during the year. They included the ICRC,
Doctors without Borders, Caritas, and the international NGO
International Cooperation (COOPI).
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in
presidential and legislative elections in 2005, which election
observers considered to be generally free and fair, despite some
irregularities.
Elections and Political Participation.--In 2005 the country held
two rounds of multiparty presidential and legislative elections that
resulted in the election of General Francois Bozize as president;
Bozize had seized power in a 2003 military coup, declared himself
president, and headed a transitional government until the 2005
elections. Domestic and international election observers judged the
elections to be generally free and fair, despite irregularities and
accusations of fraud made by candidates running against Bozize.
The state remained highly centralized. The president appointed all
regional government officials, who led the country's 16 prefectures and
60 subprefectures, and regional government entities had no significant
fiscal autonomy. Despite a constitutional requirement that he do so by
2007, the president did not call for municipal elections for the second
consecutive year, citing lack of government resources.
In September the Government passed an amnesty law allowing several
former ministers and rebel leaders previously under indictment to
return to the country.
In December the Government hosted a political dialogue with the
opposition parties, rebel groups, civil society groups, and outside
mediators with the goal to end rebellion in the northeast and northwest
and bring all political and military parties to the negotiating table.
All of the major political and rebel leaders attended the dialogue and
recommended a new consensus government. While President Bozize pledged
to implement the recommendations, by year's end the consensus
government had not been formed.
During the year the Ministry of Interior granted a license to a new
political party, the New Alliance for Progress (NAP) founded by former
minister of defense Jean-Jacques Demafouth, who was also the head of
the rebel group APRD. Demafouth remained in self-imposed exile in
France for much of the year, before returning for the political
dialogue in December. With tacit government support, Demafouth toured
several prefectures in the northwest.
The Government continued to bar opposition parties' access to
public radio in order to broadcast their views on national issues.
During the year the LCDH continued to criticize President Bozize
for holding the position of minister of defense on the grounds that the
constitution prohibits the president from holding ``any other political
function or electoral mandate''; however, government officials said
this criticism was based on a misinterpretation of the constitution.
After political activist Zarambaud Assingambi filed a complaint with
the Constitutional Court, the court ruled in June that it was not
competent to try the case.
According to recommendations from a 2003 government-sponsored
national dialogue, women are to occupy 35 percent of posts in
government ministries and political parties; however, this provision
was not respected during the year. There were 10 women in the 105-seat
National Assembly and four in the president's 27-person cabinet. There
were no laws prohibiting women from participating in political life,
but most women lacked the financial means to compete in political
races.
There were two members of the M'bororo ethnic group and
approximately 13 Muslims in the National Assembly.
Pygmies (Ba'Aka), the indigenous inhabitants of the southern part
of the country, represented between 1 and 2 percent of the population;
they were not represented in the Government and continued to have
little political power or influence.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement these laws effectively, and officials often engaged in
corrupt practices with impunity. Misappropriation of public funds and
corruption in the Government remained widespread. The World Bank's
Worldwide Governance Indicators reflected that government corruption
was a severe problem.
The Government continued some efforts to combat corruption. For
example, the customs service, which was dissolved in 2006, was
subsequently reestablished with strengthened safeguards. To combat
fraud and improve tax collection, the Ministry of Finance created in
April the Joint Financial Intervention Unit and the Illegal Detection
and Fraud Company (SODIF). There was occasional confusion regarding the
roles of these entities and the customs service, and private businesses
remained concerned by evidence of corruption within the customs service
and other parts of the Government. During the year SODIF's efforts to
carry out its mandate created some controversy.
The Government continued its campaign against embezzlement, money
laundering, and other forms of financial fraud.
In June the Government canceled its contract with Unitec-Benin, the
private company charged with collecting import taxes in the port of
Douala, Cameroon, on grounds of poor performance. The contract was
awarded to another company. However, inefficiency and corruption by
customs service officials remained a major complaint among importers
and exporters in the country.
The president continued to chair weekly committee meetings to
combat fraud in the treasury. On March 31, Prime Minister Touadera set
up a national committee to fight corruption that included
representatives from the Government, trade unions, NGOs, private
sector, religious organizations, and the media. The committee's
investigations during the year resulted in the arrest of 19 senior
civil servants in the tax division of the Ministry of Finance. At
year's end the investigations were ongoing.
Former president Patasse, who was sentenced in absentia in 2007 for
embezzlement, was pardoned under the September amnesty law, and he
returned to the country in December to take part in the political
dialogue. At year's end he had returned to Togo but pledged to return
and planned to run again for the leadership of the Movement for the
Liberation of the Central African People political party.
According to the constitution, senior members of executive and
legislative branches and the courts are required to declare publicly
their personal assets; however, during the year no government officials
made such declarations.
The law provides for access by journalists to ``all sources of
information, within the limits of the law;'' however, it does not
specifically mention government documents or government information,
and no mention is made of access by the general public. The Government
often was unable or unwilling to provide information, and lack of
access to information continued to be a problem for journalists and the
general public. Furthermore, years of instability and conflict made
information difficult to collect even for the Government, particularly
in the countryside. Information on the humanitarian situation, for
example, was difficult to obtain and sometimes contradictory.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Several domestic and international human rights groups generally
operated without government restriction, investigating and publishing
their findings. Government officials met with local NGOs during the
year, but at least one local NGO reported that the Government was not
responsive. Government officials continued to criticize local NGOs
publicly for their reports of human rights violations that security
forces committed.
A few NGOs were active and had a sizable impact on the promotion of
human rights. Some local NGOs, including the LCDH, the Human Rights
Observatory, the anti-torture NGO ACAT, and the Association of Women
Jurists, actively monitored human rights problems; worked with
journalists to draw attention to human rights violations, including
those committed by the army; pleaded individual cases of human rights
abuses before the courts; and engaged in efforts to raise the public's
awareness of citizens' legal rights. However, the unrest and economic
dislocation the country experienced in recent years continued to impede
the activities of NGOs and limited their area of work almost
exclusively to Bangui.
Citing an August statement made by the president of the National
Assembly, local human rights NGOs reported that some officials viewed
them as spokespersons for opposition political parties. They also
reported several cases of harassment by officials during their fact-
finding visits within the country.
Bernadette Sayo, the founder of the Organization for Compassion and
Development for Women in Distress (OCODEFAD), formed by victims of the
widespread rapes that took place in 2002-03, was appointed minister of
tourism during the year. She reported that security forces continued to
harass her and her children for her activist views, even after her
appointment to a ministerial post. The new coordinator for OCODEFAD
also reported several incidents of minor harassment by authorities.
International human rights NGOs and international organizations
operated in the country without interference from the Government, and
they increased in number during the year. Armed groups sporadically
targeted the small number of humanitarian workers operating in the
northwest, stopping their vehicles and robbing them. The northwest and
the northeastern Vakaga areas were occasionally inaccessible to NGOs,
although the levels of fighting and insecurity decreased from the
previous year.
During the year Philip Alston and representatives from HRW visited
the country and met with human rights organizations and the country's
officials, including President Bozize. He also traveled upcountry on a
fact-finding trip. At a press conference at the close of his visit, he
noted a decrease in reports of extrajudicial executions but expressed
his concern regarding impunity in the ranks of the military,
particularly the presidential guard.
During the year BONUCA continued to monitor human rights practices,
assist the Government in capacity building, sensitize the public to
human rights, conduct visits to prisons and detention centers, and
conduct human rights training for hundreds of government security
agents. Although based in Bangui, BONUCA maintained three field offices
in the countryside. In response to local and international criticism
for its refusal to report publicly its findings, BONUCA issued its
first public report on human rights abuses for the first quarter of the
year in August.
The High Commission of Human Rights and Good Governance, attached
to the presidency, has in the past investigated citizen complaints of
human rights violations committed by members of the Government, and
occasionally forwarded cases to the Ministry of Justice for possible
prosecution. The commission was without a head for six months before
the appointment of El Hadj Abacar Nyakanda in mid-year, and there was
little evidence of the commission's work during the year. The
commission claimed not to have adequate staffing or financial resources
and lacked the means to train its investigators properly. Some human
rights observers noted that it acted more as a spokesperson for the
Government than an office promoting human rights.
A human rights commission in the National Assembly sought to
strengthen the capacity of the legislature and other government
institutions to advance human rights, but it also had few resources.
The ICC continued its investigation into crimes committed in the
country in 2002-03 by the previous government and by soldiers under the
command of Jean Pierre Bemba, then a Congolese rebel leader. In May
Bemba was arrested in Brussels and was awaiting trial in The Hague at
year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution stipulates that all persons are equal before the
law without regard to wealth, race, disability, or gender. The
Government did not enforce these provisions effectively, and
significant discrimination existed.
Women.--The law prohibits rape, although it does not specifically
prohibit spousal rape. Rape is punishable by imprisonment with hard
labor, but the law does not specify a minimum sentence. Police
sometimes arrested men on charges of rape. Nevertheless, the Government
did not enforce the law effectively, and the social stigma induced many
families to avoid formal court action.
Although the law does not specifically mention spousal abuse, it
prohibits violence against any person and provides for penalties of up
to 10 years in prison. Domestic violence against women, including wife
beating, was reportedly common. Spousal abuse was considered a civil
matter unless the injury was severe. According to the Association of
Women Jurists, a Bangui-based NGO specializing in the defense of
women's and children's rights, victims of domestic abuse seldom
reported incidents to authorities. When incidents were addressed, it
was done within the family or local community. The courts tried very
few cases of spousal abuse, although litigants cited these abuses
during divorce trials and civil suits. Some women reportedly tolerated
abuse to retain financial security for themselves and their children.
According to a June UN report for the area surrounding Bambari, 15
instances of gender-based violence were reported in that month alone.
The law does not prohibit prostitution; however, it prohibits
coercing someone into prostitution or profiting from the prostitution
of another. Prostitution continued to exist, mostly among young women
and occasionally among men. The law imposes fines and imprisonment for
three months to one year for sexual procurement (including assisting in
prostitution). For cases involving a minor, the penalty is one to five
years of imprisonment.
The law prohibits sexual harassment; however, the Government did
not effectively enforce the law, and sexual harassment was a problem.
The law does not discriminate against women in inheritance and
property rights, but a number of discriminatory customary laws often
prevailed, and women's statutory inheritance rights often were not
respected, particularly in rural areas. The family code further
strengthened women's rights, particularly in the courts, but access to
the judicial system remained very limited throughout the country.
Women were treated as inferior to men both economically and
socially. Single, divorced, or widowed women, including those with
children, were not considered heads of households. Only men were
entitled to family subsidies from the Government. There were no
accurate statistics on the percentage of female wage earners. Women's
access to educational opportunities and to jobs, particularly at higher
levels in their professions or in government service, remained limited.
Some women did report economic discrimination in access to credit due
to lack of collateral.
Polygamy is legal, although it is rarely practiced due to both
widespread Christian religious beliefs in monogamous marriage and
growing resistance among educated women. The law allows a man to take
up to four wives, but a prospective husband must indicate at the time
of the first marriage contract whether he intends to take additional
wives. In practice many couples never married formally because men
could not afford the traditional bride payment. The family code obliges
the use of bride payments, but it neither requires them nor sets a
minimum payment amount. Women who were educated and financially
independent tended to seek monogamous marriages. Divorce is legal and
can be initiated by either partner.
The Association of Women Jurists advised women of their legal
rights and how best to defend them and filed complaints with the
Government regarding human rights violations. During the year several
women's groups organized workshops to promote women's and children's
rights and encourage women to participate fully in the political
process.
Children.--The Government spent very little money on programs for
children, and churches and NGOs had relatively few youth programs.
The registration of births was inadequate, and unregistered
children faced limitations in their access to education and other
social services. According to the UNICEF country report for the year,
total birth registration was 73 percent, with 88 percent of children
registered in urban areas and 63 percent in rural areas. Registration
of births in conflict zones was likely lower than in other,
particularly urban, areas.
Education is compulsory for six years; tuition is free, but
students must pay for their own books, supplies, transportation, and
insurance. Approximately 75 percent of children started school, but
many did not complete the first six years of primary school education.
Girls did not have equal access to primary education; 65 percent girls
were enrolled in the first year of school, but only 23 percent of girls
finished the six years of primary school, according to a 2007 UN
Educational, Scientific and Cultural Organization (UNESCO) study. At
the secondary level, a majority of girls dropped out at age 14 or 15
due to societal pressure to marry and bear children.
Few, if any, Pygmies attended primary school during the year. Some
local and international NGOs, including COOPI, made efforts to increase
Pygmy (Ba'Aka) enrollment in schools, although there were no reports of
significant government assistance to these efforts.
The law criminalizes parental abuse of children under the age of 15
years, and child abuse and neglect was widespread although rarely
recognized as such due to economic poverty. A juvenile court tried
cases involving children and provided counseling services to parents
and juveniles during the year.
There are no statutory rape laws protecting adolescent minors or
children.
The law prohibits FGM, which is punishable by up to 10 years'
imprisonment; nevertheless, girls were subjected to this traditional
practice in certain rural areas and, to a lesser degree, in Bangui.
According to the Association of Women Jurists, anecdotal evidence
suggested that the FGM rates declined in recent years as a result of
efforts to familiarize women with the dangers of the practice.
The law establishes 18 as the minimum age for civil marriage;
however, an estimated 57 percent of children were married before the
age of 18, according to UNICEF data collected between 1987 and 2005.
The country's instability had a disproportionate effect on
children, who accounted for almost 50 percent of IDPs during the year.
Child labor, including forced labor, was widespread.
Some young women and girls reportedly engaged in prostitution for
survival without third party involvement, although no data were
available to indicate how common this practice was.
There were more than 6,000 street children between the ages of five
and 18, including 3,000 in Bangui, according to the Ministry of Family
and Social Affairs. Many experts believed that HIV/AIDS and a belief in
sorcery, particularly in rural areas, contributed to the large number
of street children. An estimated 110,000 children have lost one or both
parents to HIV/AIDS, and children accused of sorcery (often reportedly
in connection to HIV/AIDS-related deaths in their neighborhoods) often
were expelled from their households.
There were NGOs specifically promoting children's rights, including
some, such as Voix du Coeur, which assisted street children.
Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons, and there were reports of persons being
trafficked, although NGOs and government officials said that
trafficking in persons was not widespread. During the year no action
was taken on a draft National Assembly law criminalizing the
trafficking of women and children.
Traffickers can be prosecuted under laws against slavery and sexual
exploitation, labor code violations, and mandatory school age laws. In
addition specific laws that address prostitution have been used in
recent years to punish those who trafficked women for the purposes of
prostitution.
The country was a source, transit, and destination point for men,
women, and children trafficked for the purpose of forced labor and
sexual exploitation. The majority of victims were children trafficked
within the country for sexual exploitation, domestic servitude, forced
labor in agriculture, mining, and restaurants. Victims were also
trafficked to Cameroon, Nigeria, and the DRC. Children were also
trafficked into the country from Rwanda. Little concrete data existed
on the extent of the problem.
There were reports that rebel forces abducted children and
conscripted them as soldiers. Villagers subjected Pygmies, who were
unable to survive as hunters because of depleting forests, to forced
agricultural labor.
During the year there were reports that trafficked children were
forced into domestic servitude and commercial labor activities, such as
street vending and agricultural work. In recent years there were
reports that children were trafficked into the country and that members
of the foreign Muslim community from Nigeria, Sudan, and Chad forced
them to work. There were also reports that merchants, herders, and
other foreigners doing business in and transiting the country
trafficked girls and boys into the country. Child trafficking victims
were not afforded the benefit of a formal education, despite the
mandatory school age, and worked without remuneration. There was
anecdotal evidence of sexual exploitation of girls in Bangui.
Some girls entered prostitution to earn money for their families,
both as commercial sex workers and more informally as steady mistresses
to wealthy clients.
Using laws prohibiting kidnapping, in February the Government
started prosecuting three suspected traffickers for allegedly selling a
three-year-old Guinean girl. At year's end the trial had been delayed.
In December a man was arrested for attempting to sell his infant
daughter; the man was not prosecuted, however, as he had not completed
the sale and the girl was returned to her mother.
Neither the Government nor the NGOs operated shelters providing
care to trafficking victims, and there were no known NGOs specifically
working to combat trafficking. The Government did not monitor
immigration or emigration patterns for evidence of trafficking and it
did not investigate trafficking cases or implement procedures to
identify trafficking victims among vulnerable populations, or rescue
and provide care to victims.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip/.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities, although this prohibition is not
written into the constitution. There was no codified or societal
discrimination against persons with disabilities. However, there were
no legislated or mandated accessibility provisions for persons with
disabilities, and such access was not provided in practice. The
Government had not developed a national policy or strategy to provide
assistance to persons with disabilities. Approximately 10 percent of
the country's population had disabilities, mostly due to polio,
according to the 2003 census. There were several government and NGO
initiated programs designed to assist persons with disabilities,
including handicraft training for the blind and the distribution of
wheelchairs and carts by the Ministry of Family and Social Affairs.
The Ministry of Family and Social Affairs continued to work with
the NGO Handicap International during the year to provide treatment,
surgeons, and prostheses to persons with disabilities. For example, a
physiotherapy center for persons with disabilities continued to operate
in Dekoa.
National/Racial/Ethnic Minorities.--The M'bororo and Goula ethnic
groups continued to suffer disproportionately from the civil disorder
in the north.
Tensions among the resident Chadian community, who number in the
thousands and who have resided in the country for generations, were
less apparent during the year.
Indigenous People.--Despite constitutional protections, there was
societal discrimination against Pygmies (Ba'Aka and Baninga) the
earliest known inhabitants of the rain forest in the southern part of
the country. Pygmies constituted approximately 1 percent of the
country's population. They continued to have little say in decisions
affecting their lands, culture, traditions, and the allocation of
natural resources. Forest-dwelling Ba'Aka, in particular, were subject
to social and economic discrimination and exploitation, which the
Government has done little to prevent. Despite repeated promises, the
Government took no steps to issue and deliver identity cards to
Pygmies, lack of which, according to many human rights groups,
effectively denied them access to greater civil rights.
The Ba'Aka and Babinga, including children, often were coerced into
agricultural, domestic, and other types of labor. They often were
considered to be the slaves of other local ethnic groups, and when they
were remunerated for performing labor, their wages were far below those
prescribed by the labor code and lower than wages paid to members of
other groups.
During the year COOPI continued to promote the rights of the Ba'Aka
and Babinga by monitoring discrimination and seeking to increase their
access to public services by helping them acquire birth certificates.
Refugees International reported in recent years that Pygmies were
effectively ``second-class citizens'' and that the popular perception
of Pygmies as barbaric, savage, and subhuman seemingly had legitimized
their exclusion from mainstream society.
Other Societal Abuses and Discrimination.--The penal code
criminalizes homosexual behavior; however, there were no reports that
police arrested or detained persons they believed to be homosexual.
Societal discrimination against homosexuals persisted during the year,
and many citizens attributed the existence of homosexuality to undue
Western influence.
Persons living with HIV/AIDS were also subject to discrimination
and stigma, though less so as NGOs and UN agencies raised awareness
about the disease and available treatments. Nonetheless, many
individuals living with HIV/AIDS did not disclose their status for fear
of social stigma.
Section 6. Worker Rights
a. The Right of Association.--The law allows all workers, except
for senior level state employees and security forces, including the
military and gendarmes, to form or join unions without prior
authorization; however, only a relatively small part of the workforce,
primarily civil servants, exercised this right. The labor code provides
for the right of workers to organize and administer trade unions
without employer interference and grants trade unions full legal
status, including the right to file lawsuits. The Government generally
respected these rights in practice.
The labor code requires that union officials be full-time wage-
earning employees in their occupation and allows them to conduct union
business during working hours as long as the employer is informed 48
hours in advance and provides authorization. A person who loses the
status of worker, either through unemployment or retirement, can belong
to a trade union and participate in its administration.
Workers have the right to strike in both the public and private
sectors, and they exercised this right during the year; however,
security forces, including the military and gendarmes, are prohibited
from striking. To be legal, strikes must be preceded by the union's
presentation of demands, the employer's response to these demands, a
conciliation meeting between labor and management, and a finding by an
arbitration council that union and employer failed to reach agreement
on valid demands. The union must provide eight days' advance written
notification of a planned strike. The law states that if employers
initiate a lockout that is not in accordance with the code, the
employer is required to pay workers for all days of the lockout. The
Government has the authority to end strikes by invoking the public
interest. The code makes no other provisions regarding sanctions on
employers for acting against strikers.
In January and February government workers went on strike for two
months to protest the Government's inability to pay salaries. The
payment of a portion of the arrears resolved the strike, but the
arrears remained a significant obstacle.
b. The Right to Organize and Bargain Collectively.--The labor code
provides that unions may bargain collectively in the public and private
sectors, and provides workers protection from employer interference in
the administration of a union. Collective bargaining occurred in the
private sector during the year. The Government generally was not
involved if the two parties were able to reach an agreement.
The country's largest single employer was the Government, and
government employee trade unions were especially active. In the civil
service, the Government set wages after consultation, but not
negotiation, with the unions, and public sector unions have protested
the Government's refusal to implement seasonal and annual raises.
Salary arrears continued to be a severe problem for military personnel
and the country's 24,000 civil servants. The Government owed its
employees up to six months of salary arrears from the beginning of the
Bozize administration, or up to 46 months of salary arrears taking into
account previous administrations over the last 20 years.
The law expressly forbids antiunion discrimination. Employees can
have their cases heard in the labor court. The law does not state
whether employers found guilty of antiunion discrimination were
required to reinstate workers fired for union activities, although
employers found guilty of such discrimination were required to pay
damages, including back pay and lost wages.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--Although the labor
code specifically prohibits forced or compulsory labor, there were
reports that such practices occurred. Women and children were
trafficked for forced labor, usually in households and for domestic
chores and cooking, and sexual exploitation. Prisoners were reportedly
forced to work on public works projects without compensation for
government officials or magistrates; the prisoners often received
shortened sentences for doing so. Pygmies, including children, often
were coerced into labor as day laborers, farm hands, or other unskilled
labor, and often treated as slaves.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code's prohibition of forced or compulsory labor applies to
children, although they are not mentioned specifically. Other
provisions of the labor code forbid the employment of children younger
than 14 years of age; however, the Ministry of Labor and Civil Service
did not enforce these provisions. Child labor was common in many
sectors of the economy, especially in rural areas, and forced labor
also occurred. At times child labor was employed on public works
projects and at the residences of government officials and magistrates.
The labor code provides that the minimum age for employment could be as
young as 12 for some types of light work in traditional agricultural
activities or home services. The law prohibits children younger than 18
years old from performing hazardous work or working at night; however,
children continued to perform hazardous work during the year. The labor
code does not define the worst forms of child labor.
Reliable statistics on child labor were not available; however,
according to data collected by UNICEF in surveys between 1999 and 2005,
approximately 57 percent of children between the ages of five and 14
were involved in child labor activities. UNICEF considered a child to
be involved in labor activities according to the following
classification: children five to 11 years old who, during the week
preceding the survey, did at least one hour of economic activity or at
least 28 hours of domestic work; and children 12 to 14 years old who,
during the week preceding the survey, performed at least 14 hours of
economic activity, or at least 42 hours of economic activity and
domestic work combined.
Throughout the country, children as young as seven frequently
performed agricultural work. Children often worked as domestic workers,
fishermen, and in mines (often in dangerous conditions). International
observers noted that children worked in the diamond fields alongside
adult relatives. The mining code specifically prohibits child or
underage labor; however, this requirement was not enforced by
authorities during the year and many children were seen working in and
around diamond mining fields. In Bangui, many of the city's 3,000
street children worked as street vendors.
During the year rebel groups recruited and used child soldiers.
(See Section 1.g.)
The Government had few resources to enforce the prohibition against
forced labor or child labor laws. Salary arrears and the lack of
personnel training severely impeded its enforcement capacity.
Although international organizations, local NGOs, and labor unions
have called for more attention to the rehabilitation and reintegration
of former child laborers and street children, the country had only two
centers-both located in Bangui-that addressed the problem.
e. Acceptable Conditions of Work.--The labor code states that the
minister of labor must set minimum wages in the public sector by
decree. The minimum wage varies by sector and by kind of work. For
example, the monthly minimum wage was equivalent to approximately 8,500
CFA francs (approximately $17) for agricultural workers and
approximately 26,000 CFA francs (approximately $52) for office workers.
The minimum wages did not provide a decent standard of living for a
worker and family, although wage levels were raised during the year.
The law applies to foreign and migrant workers as well. Most labor was
performed outside the wage and social security system (in the vast
informal sector), especially by farmers in the large subsistence
agricultural sector.
The law sets a standard workweek of 40 hours for government
employees and most private sector employees. Household employees may
work up to 52 hours per week. The law also requires a minimum rest
period of 48 hours per week, for both citizens and foreign and migrant
workers. Overtime policy varied according to the workplace; violations
of overtime policy were taken to the Ministry of Labor, although it is
unknown whether this occurred in practice during the year.
There are general laws on health and safety standards in the
workplace, but the Ministry of Labor and Civil Service neither
precisely defined nor actively enforced them. The labor code states
that a labor inspector may force an employer to correct unsafe or
unhealthy work conditions, but it does not provide the right for
workers to remove themselves from such conditions without risk of loss
of employment. There are no exceptions for foreign and migrant workers.
__________
CHAD
Chad is a centralized republic with a population of approximately
10 million. In 2006 citizens reelected President Idriss Deby, leader of
the Patriotic Salvation Movement (MPS), to a third term in what
unofficial observers characterized as an orderly but seriously flawed
election boycotted by the opposition. Deby has ruled the country since
taking power in a 1990 coup. Political power remained concentrated in
the hands of a northern oligarchy composed of the president's Zaghawa
ethnic group and its allies. The executive branch dominated the
legislature and judiciary. Despite 2006 and 2007 peace accords with
rebel groups, fighting between the Government and rebels continued and
resulted in civilian deaths and the widespread destruction of homes and
property during the year. Rebels attacked N'Djamena in February, as
well as locations in the east in June. The Government supported
Sudanese rebels. Violent interethnic conflict, banditry, and cross-
border raids by Darfur-based militias continued. Civilians were killed,
and an estimated 185,000 have been internally displaced as a result of
violence. Approximately 250,000 Sudanese refugees who had fled from
violence in Darfur lived in camps along the border. On March 15, the
European Union Force (EUFOR) in Chad, whose mandate includes protecting
civilians, including internally displaced persons (IDPs) and refugees,
and facilitating the delivery of humanitarian assistance in the east,
reached operational capacity. Civilian authorities did not maintain
effective control of the security forces.
The Government's human rights record deteriorated in comparison
with the previous year. Human rights abuses included limitation of
citizens' right to change their government; extrajudicial killings;
politically motivated disappearances; torture and rape by security
forces; security force impunity; harsh and life-threatening prison
conditions; arbitrary arrest and detention; incommunicado detention;
lengthy pretrial detention; denial of a fair public trial; executive
interference in the judiciary; arbitrary interference with privacy,
family, and correspondence; use of excessive force and other abuses in
internal conflict, including killings and use of child soldiers; limits
on freedom of speech, press, and assembly, including harassment and
detention of journalists; widespread official corruption; obstruction
of the work of nongovernmental organizations (NGOs); violence and
societal discrimination against women, including the widespread
practice of female genital mutilation (FGM); child abuse and
trafficking; ethnic-based discrimination; repression of union activity;
forced labor; and exploitive child labor.
Rebel groups, ethnic-based militias, Darfur-based militias, and
bandits committed numerous human rights abuses. These abuses included
killing, abducting, injuring, raping, and displacing civilians; attacks
against and destruction of villages; use of child soldiers; and attacks
against humanitarian workers.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the Government or its agents committed arbitrary or unlawful
killings.
There were reports of numerous killings of civilians by the
Government, militias, and rebels during the year in connection with the
country's internal conflict (See Section 1.g.).
Security forces committed politically motivated killings and
officially sanctioned extrajudicial killings of suspected criminals.
Use of excessive force resulted in deaths. Security forces continued to
kill civilians during apprehension and while in custody and killed
demonstrators. The Government did not prosecute or punish members of
the security forces who committed killings, although it established a
commission of inquiry during the year to investigate abuses that
occurred between January 28 and February 8 (See Section 1.g.).
According to Human Rights Watch, the military killed civilians and
burned villages in the Central African Republic (CAR) in support of
nomadic Peuhls who drive their cattle across land used by farmers in
CAR. For example, witnesses stated that on February 29, the military
destroyed several villages in the area of Maitoukoulou, CAR.
On June 29, security forces used excessive force in response to a
confrontation in Kouno during which supporters of Sheikh Ahmet Ismael
Bichara reportedly attacked security forces. Approximately 72 persons
were killed during the confrontation, including an estimated 68
supporters of Bichara and four gendarmes. Bichara had earlier called
for a ``holy war'' against the Government and declined to negotiate
with religious leaders from the High Council for Islamic Affairs (a
government-sanctioned, nongovernmental body). Security forces detained
Bichara, and he remained detained without charge at year's end.
Security forces killed demonstrators (See Section 2.b.).
There were no developments regarding the numerous reported 2006 and
2007 killings by security forces.
Unexploded ordnance and landmines laid by government, rebel, and
foreign forces resulted in deaths (See Section 1.g.).
Attacks by armed bandits increased during the year. Armed bandits
continued to operate on many roads, assaulting, robbing, and killing
travelers; some perpetrators were identified as active duty soldiers or
deserters. Their targets included employees of foreign assistance
organizations and NGOs (See Section 1.g.).
On July 14, armed bandits between Koumogo and Sarh killed Tenebaye
Oringar, a college professor. No suspects had been identified by year's
end.
On July 22, near the village of Djarwaye, armed bandits attacked a
vehicle, killing one person and injuring another.
On August 19, armed bandits shot at the car of General Secretary of
the Ministry of Mines Oumar Abdoul Dabeh, killing him.
No action was taken against the perpetrators of numerous 2006 and
2007 attacks and killings by bandits.
Interethnic fighting resulted in numerous deaths (See Section
1.g.).
b. Disappearance.--There continued to be reports of politically
motivated disappearances and persons being held incommunicado during
the year, particularly in relation to the country's ongoing conflict
(See Section 1.g.).
On February 3, security forces arrested opposition leaders Lol
Mahamat Choua, Ngarlejy Yorongar, and Ibni Oumar Mahmat Saleh,
according to the commission of inquiry. Saleh's whereabouts remained
unknown at year's end (See Section 1.g.).
There was additional information regarding the case of at least 16
high-ranking army officers whom the Government detained in 2006.
Although in 2006 government and human rights sources reported that
Colonel Ahmat Ismat had been released, his whereabouts during 2007 and
2008 were unknown. In April 2007 Colonel Abdoulaye Issakha Sarwa was
released.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
the Government did not respect these provisions in practice. Members of
the security forces tortured, beat, abused, and raped persons. Such
practices also occurred in connection with the ongoing armed conflict
(See Section 1.g.). The Government took no known action against
security force members responsible for such abuse.
No action was taken in reported 2006 or 2007 cases of security
force abuse.
Police, gendarmes, and Chadian National Army (ANT) personnel raped
women.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening. Prisons were seriously overcrowded, had
poor sanitation, and provided inadequate food, shelter, and medical
facilities. As a result of inadequate record-keeping and management,
many individuals remained in prison after completing their sentences or
after courts had ordered their release.
Local human rights organizations continued to report on the
existence of military prisons and prisons run by the National
Immigration Service, to which access was prohibited; they also reported
on the existence of secret National Security Agency (ANS) and General
Directorate of Security Services for National Institutions (DGSSIE)
prisons. The NGO Chadian Association for the Promotion of Human Rights
(ATPDH) reported, based on the statement of an escapee, the existence
of a secret prison in Koro Toro in the department of Bourkou-Ennedi-
Tibesti. The Commission of Inquiry to examine disappeared persons and
other abuses that occurred from January 28 to February 8 also found
that secret detention centers existed. The commission visited the
detention facility in Koro Toro and found that most of the detainees
were children, that two persons were in shackles, and that the
detainees had not been accorded due process.
While the law provides that a doctor must visit each prison three
times a week, this provision was not respected. The law authorizes
forced labor in prison, but human rights organizations did not report
that it occurred.
Approximately 1,000 prison inmates escaped during the February
rebel attack on N'Djamena. Some of the prisoners returned voluntarily
to reduce the punishment they would have faced if apprehended; none of
the others had been apprehended by year's end.
Juvenile males were not always separated from adult male prisoners,
and children were sometimes held with their inmate mothers. Pretrial
detainees were held with convicted prisoners.
The Government permitted the International Committee of the Red
Cross (ICRC) to visit civilian prisons on a regular basis, and the ICRC
conducted such visits during the year. The ICRC also visited illegal
detention facilities under the control of the Ministry of Defense,
Ministry of Interior, and the Presidency. The Government denied
repeated requests by the ICRC for access to the Koro Toro detention
facility. The Government provided ATPDH with a permanent authorization
notice to visit civilian prisons at any time, without need to provide
advance notice. Other NGOs, including human rights groups, were
required to obtain authorization from a court or from the director of
prisons; such authorizations depended largely on the personal
inclinations of those with authority to grant permission. NGOs were not
allowed access to military prisons.
During the year a prison development committee whose members
included government, UN, and NGO members was formed to address prison
conditions.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, security forces often
violated these provisions.
Role of the Police and Security Apparatus.--The ANT, gendarmerie,
national police, nomadic guard (GNNT), DGSSIE, and ANS are responsible
for internal security.
The ANT, gendarmerie, and GNNT report to the Ministry of Defense;
the National Police report to the Ministry of Public Security and
Immigration; the DGSSIE and ANS report to the president. Officers from
President Deby's ethnic group and closely allied ethnic groups
dominated the ANS. The DGSSIE's ethnic composition was mixed, but its
officers were primarily Zaghawas. Security force impunity and
corruption were widespread.
The police force was centrally controlled, but exercising
oversight, particularly outside N'Djamena, was difficult. Police
generally enjoyed impunity. The police force was unable to improve
internal security problems, including widespread banditry and arms
proliferation. The Government continued to allow months to pass before
it paid police salaries.
As of November 7, the UN Mission in CAR and Chad (MINURCAT) had
trained 428 police on the protection of refugees and displaced persons
as part of an effort to facilitate the deployment of the police
Integrated Security Division (DIS) to reduce insecurity in the eastern
part of the country. An additional 120 started training before the
year's end. Approximately 100 DIS members were deployed to the east as
of November.
On July 9, the minister of defense directed that all gendarme
brigade commanders take a one-month training course on civil affairs,
which included the topics of working peacefully with local populations
and the proper role of gendarmes in law enforcement. A total of 924
gendarmes received this training.
Reports of widespread defection of government troops to rebel
groups continued.
Arrest and Detention.--Although the constitution and law require a
judicial official to sign arrest warrants, the Government often did not
respect this requirement, and secret detentions occurred. Detainees
were not promptly informed of charges, and judicial determinations were
not made promptly. The law requires access to bail and counsel, but
neither was regularly provided. Incommunicado detention was a problem,
and there were reports that persons held incommunicado were tortured.
The constitution and law state that legal counsel should be provided
for indigent defendants and that defendants should be allowed prompt
access to family members and counsel; however, in practice this usually
did not occur.
On January 9, judiciary police arrested and detained Deuzombe
Daniel Passalet from the local NGO Human Rights without Borders. He was
released 72 hours later.
Security forces arbitrarily arrested and reportedly tortured
persons, particularly those suspected of collaborating with rebels (See
Section 1.g.).
Security forces arbitrarily arrested a journalist and a political
party leader, as well as arbitrarily detained other civil society
representatives.
There were reports that the Government arrested numerous military
defectors and members of their families, although specific information
was unavailable.
Lengthy pretrial detention remained a problem. Persons accused of
crimes could be imprisoned for several years before being charged or
tried, particularly those who were arrested in the provinces for
felonies and transferred to prison in N'Djamena.
There were no reported developments in the numerous 2007 cases of
arbitrary arrest and detention.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judiciary was ineffective,
underfunded, overburdened, vulnerable to intimidation and violence, and
subject to executive interference. In practice government officials and
other influential persons often enjoyed impunity. Members of the
military continued to enjoy a particularly high degree of impunity. The
Judiciary Police did not usually enforce domestic court orders against
military members or those of the Zaghawa ethnic group, to which the
president belongs.
In March two colonels of the Zaghawa ethnicity forced landowner
Moussa Pepe to turn over the title to his property at gunpoint. The
court ruled in favor of the landowner in October; however, by year's
end the decision had not been enforced.
Members of the judiciary received death threats or faced demotion
or removal from their positions for not acquiescing to pressure from
officials.
At the national level, a supreme court, constitutional court, and
court of appeals exist; some of their members were appointed by the
Government rather than elected by citizens as required by law, which
weakened judicial independence. The constitutionally mandated High
Court of Justice can try high ranking government officials whose cases
are submitted by the National Assembly. Crimes committed by military
members are to be tried by a military court; however, no such courts
have been established.
A special criminal court was established to try abuses committed
under former president Hissein Habre.
In 2006 the Government began a process to establish appeal courts
in all principal cities outside N'Djamena. As of July magistrates were
named to all these appeals courts. At the provincial level, there are
appeals courts in N'Djamena, Moundou, Sarh, and Abeche.
The constitution and law mandate that the Superior Council of
Magistrates recommend judicial nominations and sanction judges who
commit improprieties; however, continuing problems between the
Government and magistrates prevented any sanctions from being
considered or carried out.
A five-judge judicial oversight commission has the power to conduct
investigations of judicial decisions and address suspected miscarriages
of justice. However, in contrast to the superior council, commission
members are appointed by the president, which increased executive
control over the judiciary and diminished the authority of the superior
council. Parties to judicial cases can appeal to the commission.
Trial Procedures.--Applicable law was sometimes confusing, as
courts tended to blend the formal French-derived legal code with
traditional practices, and customary law often superseded Napoleonic
law in practice. Residents of rural areas often lacked access to formal
judicial institutions, and legal reference texts were not available
outside the capital. In most civil cases, the population relied on
traditional courts presided over by village chiefs, canton chiefs, or
sultans. However, decisions can be appealed to a formal court.
The law provides for a presumption of innocence; however, in
practice many judges assumed a suspect's guilt, particularly in crimes
involving rape or theft. Trials are public and use juries, except in
politically sensitive cases. Defendants have the right to be present in
court. They also have the right to consult an attorney in a timely
manner; however, in practice detained persons were not always given
access to counsel. The law states that indigents should be provided
promptly with legal counsel, but this seldom occurred in practice.
Human rights groups sought to improve this situation and sometimes
provided free counsel themselves. Defendants, their lawyers, and judges
are permitted by law to question witnesses. Defendants and their
attorneys have access to government-held evidence relevant to their
cases, except in politically sensitive cases. Defendants have the right
to appeal decisions.
The Muslim concept of dia, which involves a payment to the family
of a crime victim, is based on the decision of local leaders and was
practiced widely in northern Muslim areas. Non-Muslim groups, which
supported implementation of a civil code, continued to challenge the
use of the dia system, arguing that it was incompatible with the
constitution. Such groups further accused the Government of supporting
dia practices by permitting the existence of local tribunals.
During its August 12-15 session, the criminal court sentenced 11
current rebel leaders and former president Hissene Habre to death in
absentia. Among those sentenced to death were rebel leaders Mahamat
Nouri, Tom Erdimi, Timan Erdimi, Ahmat Hassaballah Soubiane, and
Abdoul-Wahid Aboud. Life sentences were pronounced for 31 other rebels.
The court also ordered the confiscation of the property of the
condemned.
Political Prisoners and Detainees.--The Government held political
detainees during the year, and human rights organizations were denied
access to such persons.
Civil Judicial Procedures and Remedies.--The judiciary reportedly
was not always independent or impartial in civil matters, although
specific information was not available. There are administrative and
judicial remedies available such as mediation for alleged wrongs.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, but
the Government conducted illegal searches and wiretaps and monitored
private mail and e-mail. Security forces also regularly stopped
citizens and extorted money or confiscated belongings.
On February 10, security forces broke into a home in Abena and
robbed three of its occupants.
During the state of emergency from February 14 to March 15, city
authorities in N'Djamena destroyed at least 1,000 homes located in
several different neighborhoods; many were destroyed without due
process. The Government stated that the homes were illegally built on
government-owned land. In November a delegation of magistrates and
attorneys asked the mayor to establish a commission regarding these
cases and asserted that they should be handled through civil courts.
The mayor stated that the matter was not under court jurisdiction and
required a political solution.
During the February rebel attack on N'Djamena, the Government
ordered the temporary shutdown of cellular telephone networks. The
Ministry of Interior banned the use of satellite telephones by private
individuals in 2006. Military and police officials conducted searches
for and confiscated satellite telephones from private individuals.
There were reports of the recruitment of minors into the military
(See Section 1.g.).
There were occasions when police officers arrested family members
of suspects.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Fighting between the Government and rebel groups continued and resulted
in civilian deaths and the widespread destruction of homes and property
during the year. While rebel attacks and government counterattacks
occurred mainly along the eastern border with Sudan, rebels also
attacked N'Djamena on February 2-3. From June 12 to 17, rebels attacked
locations in the east and took temporary control of Goz Beida, Am Dam,
and Biltine.
A UN panel of experts found that the Government supported the
Justice and Equality Movement (JEM), a Sudanese rebel group. The report
noted open circulation of JEM vehicles and personnel in the east, most
of JEM's support and resupply activities occurring in Chad, and joint
ANT and JEM operations and resupply.
The February 2-3 rebel attack on N'Djamena and the Government
counterattack resulted in civilian deaths and the displacement of
approximately 30,000 persons to Cameroon, and additional persons to
Nigeria. Although most returned to the country by year's end, an
estimated 14,000 remained in Cameroon.
The Government declared a state of emergency from February 14 to
March 15 that limited civil liberties including freedom of speech,
movement, assembly, and the press. A curfew remained in place for
N'Djamena and the six principal departments in the center and east of
Chad from February 7 to March 15. On April 2, a government decree
established a Commission of Inquiry to examine disappeared persons and
other abuses that occurred from January 28 to February 8-the period
before, during, and after the attack. The commission released a report
on August 5 that stated that 977 persons including civilians, ANT, and
rebels were killed, 1,758 injured, 34 raped, and 380 detained in
N'Djamena and the provinces; however, there were no indications by
year's end that the Government took judicial action against those
responsible. The Government issued a reply to the commission's report
and established an interministerial committee to look into the
commission's findings.
The October 2007 peace agreement, known as the Sirte accord,
remained largely unimplemented; however, more than 1,500 former members
of the Chad National Concord rebel group were reportedly integrated
into the military in December 2007. On August 18, an annex to the Sirte
accord was signed, and at least 22 members of the Forces of Change
Gathering rebel group were subsequently integrated into the army. There
was no further implementation of the 2006 government and United Front
for Change peace accord during the year.
Violent interethnic conflict, banditry, and cross-border raids by
Darfur-based militias continued, as did interethnic attacks on villages
in the eastern part of the country. Vast areas along the border with
Sudan were not protected by the Government. Militias stole cattle and
burned houses in unprotected villages, resulting in numerous deaths and
the displacement of persons.
In 2007 the UN Security Council authorized the deployment of EUFOR
and a UN police training mission, known as MINURCAT, to protect
civilians and promote human rights and the rule of law in eastern Chad
and northeastern CAR. At year's end EUFOR had reached its operational
capacity. As of October 31, 282 of the authorized MINURCAT 350
uniformed officers had been deployed along with civilian personnel.
Killings.--Government, militia, and rebel attacks and
counterattacks resulted in numerous civilian deaths and injuries.
The commission of inquiry found that during the February rebel
attack on N'Djamena, the Government's aerial bombardment of rebel
positions in civilian areas killed and injured civilians and caused
large-scale civilian displacement.
On February 2, in Arded Djoumal, 25-year-old student Ibrahim Moussa
Korbol was reportedly shot and killed during the attack on N'Djamena.
On February 2 and 3, gunfire and bombs from government helicopters
killed numerous civilians including in the N'Djamena neighborhoods of
Abena, Blabline, Chaguoua, and Diguel.
Security forces continued to kill persons suspected of
collaborating with rebel forces.
On February 3, in the Mardjanedaffack neighborhood of N'Djamena,
security forces reportedly killed two persons of the Ouddai ethnic
group, accusing them of complicity with rebels.
On February 23, in the N'Djamena neighborhood of Farcha, soldiers
reportedly arrested and beat Adam Hassan and Bineye Mahamat, who were
suspected of collaborating with rebels. They were found dead the
following day.
On February 6, near Farcha, soldiers reportedly killed three
unidentified persons appearing to be of the Gorane ethnicity.
There were no developments in the alleged 2007 security force
killing of Ahmat Sougou, who was suspected of collaborating with armed
rebels.
Interethnic attacks on communities continued during the year,
particularly in the east and the south.
For example, on January 2, in Benoye, clashes between nomadic
herders and sedentary populations resulted in one death.
On February 5, in Batha, clashes between Nawala Arabs and Awada
Arabs resulted in the deaths of 23 people.
On July 2, in Biltine, fighting between nomadic herders and
sedentary populations resulted in the deaths of three persons. The
Ministry of the Interior sent officials to mediate the conflict, and
the Government compensated the families for the deaths. There were no
reports that authorities took judicial action against those responsible
for the deaths.
There were no reported developments regarding the 2006 or 2007
ethnic clashes.
Abductions.--On February 3, security forces arrested opposition
leaders Lol Mahamat Choua, Ngarlejy Yorongar, and Ibni Oumar Mahamat
Saleh, according to the commission of inquiry. Government forces
released Lol Mahamat Choua on February 27 and placed him under house
arrest. Yorongar claimed that he also had been detained by the
Government and that he had been released on February 21; however, the
commission of inquiry found contradictory testimony regarding the
Government's role in his detention. The whereabouts of Saleh remained
unknown at year's end.
The Government captured at least 135 rebels, including children,
during the February attack on N'Djamena; as of June none had been
brought to trial. The whereabouts of these persons were unknown at
year's end.
On July 24, an American missionary who was abducted in October 2007
by rebels in the Tibesti region was released.
Recruitment of refugees and displaced persons into armed groups
continued.
There were no reported developments regarding Sudanese militiamen
who abducted approximately 4,700 refugees from refugee camps in the
east in 2006.
Physical Abuse, Punishment, and Torture.--Security forces tortured,
beat, arrested, detained, and abused numerous persons suspected of
rebel activity or collaboration with rebels. The Government also
arrested military defectors, some of whom had joined rebel groups.
On February 8, security forces reportedly arrested and beat a
shopkeeper from Mardjanedaffack who was suspected of rebel activity.
On February 25, four teenagers were reportedly arrested and beaten
by persons in military uniforms in Bololo. The security forces alleged
that the teenagers collaborated with the rebels.
There were developments in the November 2007 arrest of four army
officers, the sultan and governor of Dar Tama, and one additional
individual. On May 3, the sultan was released; the whereabouts of the
others were unknown at year's end.
Retribution against the families and villages of military defectors
to rebel groups reportedly included the burning of homes, arrest and
torture of family members, and destruction of crops and other property.
Unexploded ordnance and landmines laid by government, rebel, and
foreign forces resulted in civilian deaths. For example, on August 4,
ordnance reportedly left from the February 2-3 rebel attack on
N'Djamena exploded, killing four persons and injuring 30 in a market.
Government and rebel forces raped civilians, according to the
commission of inquiry.
On February 10, in the N'Djamena neighborhood of Abena, a group of
security force members assaulted and raped a pregnant woman, causing
her to miscarry.
Rapes also occurred during attacks on villages and also on and near
IDP camps.
Child Soldiers.--The law prohibits the use of child soldiers;
however, child soldiers were used by the ANT, Chadian rebel groups,
village self-defense forces, and armed groups from Sudan operating in
the border region.
According the UN Children's Fund (UNICEF) there were thousands of
children in the ANT.
Children were recruited from refugee camps along the eastern border
by armed groups from both Chad and Sudan, including JEM.
In May 2007 UNICEF negotiated an agreement with the Government to
end recruitment of persons younger than age 18 into the army; however,
in contrast to 2007 there were no reports of the ANT demobilizing
children through the program.
Other Conflict Related Abuses.--Armed groups and bandits attacked
humanitarian workers. Insecurity hindered the ability of humanitarian
organizations to provide services including food distribution to
refugees and IDPs. Humanitarian organizations temporarily suspended or
limited activities due to insecurity. During the year humanitarian
vehicles were hijacked, numerous convoys were attacked and looted, and
humanitarian offices were robbed. According to one estimate, there were
111 assaults on aid workers, resulting in seven deaths between July
2007 and June 2008.
On May 1, armed men attacked a humanitarian convoy in Farchana and
killed Pascal Marlinge, country director for the NGO Save the Children.
No suspects had been identified by year's end.
In June rebels looted the offices of aid agencies during the
temporary rebel occupation of Goz Beida.
On September 17, armed bandits in military uniforms stole equipment
from and injured two staff members of the NGO International Relief and
Development in Goz Beida.
Violence increased the number of IDPs in the country from 180,000
in 2007 to 185,000 as of August and caused thousands to flee to
neighboring countries. The IDPs were largely the former residents of
villages in the eastern prefectures of Salamat and Ouaddai. Some IDPs
were forcibly displaced two or three times.
Although the overall number of IDPs increased, there was a
significant reduction in the number of persons newly displaced from
their homes during the year in comparison to the two previous years.
Attacks by janjaweed-like mounted raiders from Sudan, Chadian rebels,
and Chadian ethnic militias, both Arab and non-Arab, occurred. These
attacks occurred mostly in the area south of the Abeche-Adre road in
the Dar Assongha and Dar Sila departments, in the prefectures of
Salamat and Ouaddai.
The February 2-3 rebel attack on N'Djamena and the Government
counterattack resulted in the displacement of approximately 30,000
persons to Cameroon and additional displacement of persons to Nigeria.
Although most returned to the country by year's end, an estimated
14,000 remained in Cameroon.
The Government publicly acknowledged that its resources were
directed toward fighting rebel groups and armed militias and that it
could not protect or provide for the growing number of IDPs and
refugees in the country. The Government allowed IDP access to
humanitarian organizations and permitted them to accept assistance
provided by these groups. Although UN and humanitarian organizations
operated in the country during the year, lack of security reduced their
ability to provide services to IDPs and refugees. During the February
rebel attack on N'Djamena, the UN evacuated employees from the country.
According to the UN, Chadians continued regularly to move to and
from Sudan. The movements reflected seasonal migration and were in
response to insecurity. The UN estimated that there were 45,000 Chadian
refugees in West Darfur and noted that estimates on North and South
Darfur were difficult to obtain.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, the Government did not
respect these rights in practice and placed additional restrictions on
the press and speech during the year, including through a state of
emergency decree and revisions to the press law. Journalists and
publishers practiced self censorship and many fled the country for fear
of arrest after the February rebel attack on N'Djamena.
The February 14 to March 15 state of emergency included strict
press censorship provisions. On February 20, the president amended the
press law by decree, placing new restrictions on speech and the press.
Punishments for articles whose purpose is to cause tribal, racial, or
religious hatred regarding ethnicity, religion, or regions can include
imprisonment for three to five years under the law. The new law
provides for increased penalties, including imprisonment, for
defamation of the courts, armed forces, security forces, and public
administration. Offending the president is punishable by one to five
years' imprisonment and/or fines, as is publicly offending foreign,
high-level government officials. Conspiring with the enemy is
punishable by up to three years' imprisonment and/or fines. The law
included additional requirements for launching a newspaper. Human
rights organizations and newspapers criticized the new restrictions. On
March 28, several newspapers jointly published a newspaper calling for
a repeal of the law.
Individuals who publicly criticized the Government often faced
reprisal. There were reports that the Government attempted to control
criticism by monitoring meetings of the political opposition and that
the Government attempted to intimidate its critics.
For example, on January 17, police arrested Liberal party leader
Keletete Dono after a radio interview in which he criticized the
Government's policy regarding the internal conflict. He was
provisionally released on January 25.
The Government owned the newspaper Info Tchad and influenced
another, Le Progres. Government-controlled media were subject to
censorship but sometimes criticized the Government. Beginning in
February, independent newspapers Notre Temps, N'Djamena Hebdo,
L'Observateur, and Le Miroir temporarily suspended publication in
protest of censorship; the newspapers later resumed publication.
Radio remained the most important medium of mass communication.
Government-owned Radiodiffusion Nationale Tchadienne had several
branches. There were numerous private radio stations that broadcast
throughout the country, many of them owned by religious organizations,
including two stations affiliated with the Catholic NGO BELACD that
opened during the year.
The licensing fee set by the Government's High Council for
Communications (HCC) for a commercial radio station remained
prohibitively high at approximately five million CFA francs
(approximately $11,000) per year, 10 times the fee for radio stations
owned by nonprofit NGOs. The HCC monitored and censored the content of
radio station programming.
The Government owned and operated the only domestic television
station but did not interfere with channels originating outside the
country.
The Government arrested, harassed, and intimidated journalists;
many journalists fled the country in fear of arrest after the February
rebel attack on N'Djamena.
For example, there were reports that between February 2 and 8,
uniformed men went to the homes of Laldjim Narcisse and Michael Didama
of the independent newspaper Le Temps and Eloi Miandadji of the new
weekly satirical newspaper Le Moustick and tried to arrest them;
however, they had fled the country. The Judiciary Police had closed
both newspapers in late January. Le Temps resumed publication in March.
On February 7, Zara Yacoub, coordinator of the privately owned Dja
FM radio, was attacked by persons in military uniform. Two technicians
were also injured in the attack. The Government did not investigate the
case.
In February the Government suspended the work permit for French
journalist Sonia Rolley, and subsequently terminated it, alleging that
her reporting favored the rebels. Rolley was a correspondent for
several French media outlets.
The Government directly censored the media by restricting media
content through laws and other mechanisms as well as closing some media
outlets. Under the state of emergency the Government required that all
news items be submitted to the HCC for approval before publication.
On January 16, security forces closed FM Liberte and arrested its
manager, Djekourninga Kaotar Lazare, for allegedly disseminating false
information. Lazare was arrested after the broadcast of a petition from
the Chadian Association for the Defense of the Rights of the Consumer
opposing the charging of administrative fees for identity documents by
the Government. Lazare was released on January 18, and the charges
against him were dropped. Daouda Elhadji of the Chadian Association for
the Defense of the Rights of the Consumer was also detained and later
released. On May 27, FM Liberte was allowed to resume broadcasting.
The Government permitted the newspaper Notre Temps to resume
publication during the year; however, the newspaper did not do so.
Some journalists in rural provinces reported that government
officials warned them not to engage in any contentious political
reporting. In addition, some domestic journalists claimed that the
Government restricted their ability to cover some events or visit
certain locations and limited their access to high-ranking officials,
restrictions the Government did not impose on foreign journalists.
Internet Freedom.--There were no government restrictions on access
to the Internet; however, the Government reportedly monitored e-mail.
Although increasingly available to the public at Internet cafes, the
growth of Internet access was almost entirely through the Government
telecommunications company.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the Government did not respect this right in practice. The law
requires the Government to be notified of demonstrations five days in
advance.
On April 23, in Moundou, gendarmes shot and killed several students
who were demonstrating peacefully. Although the progovernmental daily
newspaper Le Progres reported that four students were killed, the human
rights organization Tchad Non-Violence quoted a hospital source as
stating 12 students were killed and 50 injured. Authorities did not
investigate or take other action by year's end.
No action was taken against security force members responsible for
injuries that resulted from the violent dispersal of demonstrators in
2006 or 2007.
Freedom of Association.--The constitution and law provide for
freedom of association; in contrast with 2007, there were no reports
that the Government banned the formation of a union.
An ordinance requires prior authorization from the Ministry of
Interior before an association, including a labor union, may be formed;
however, there were no reports that the ordinance was enforced. The
ordinance also allows for the immediate administrative dissolution of
an association and permits authorities to monitor association funds.
c. Freedom of Religion.--Although the law provides for religious
freedom, at times the Government limited this right. The law also
provides for a secular state; however, some policies favored Islam in
practice. For example, a committee composed of members of the High
Council for Islamic Affairs and the Directorate of Religious Affairs in
the Ministry of Interior organized the Hajj and the Umra.
The July 2007 ban on all forms of street-corner evangelization and
preaching remained in effect.
On June 29, security forces used excessive force in response to a
confrontation in Kouno during which supporters of Sheikh Ahmet Ismael
Bichara reportedly attacked security forces. Approximately 72 persons
were killed during the confrontation, including an estimated 68
supporters of Bichara and four gendarmes. Bichara had earlier called
for a ``holy war'' against the Government and declined to negotiate
with religious leaders from the High Council for Islamic Affairs.
Security forces detained Bichara, and he remained detained without
charge at year's end.
On February 20, in Bol, Abakar Brahim was arrested by ANS
personnel. Brahim was accused of mobilizing Muslims to pray for the
release of Lol Mahamat Choua.
The Government continued to ban Al Mountada al Islami, the World
Association for Muslim Youth, the Mecca Al-Moukarrama Charitable
Foundation, and Al Haramain Charitable Foundation for promoting
violence to further religious goals.
The Islamic religious group Faid al-Djaria remained banned on the
grounds that its religious customs, including singing and dancing
together by men and women in religious ceremonies, were un-Islamic.
Societal Abuses and Discrimination.--Although the different
religious communities generally coexisted without problems, there were
reports of tensions within the Muslim community between the High
Council for Islamic Affairs and fundamentalist elements within the
community. During the year there were regular meetings between key
religious leaders to discuss peaceful collaboration among groups.
Rebels abducted and subsequently released a foreign missionary
during the year (See Section 1.g.).
There was no known Jewish community and there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/report.
d. Freedom of Movement, Internally Displaced Persons,Protection of
Refugees, and Stateless Persons.--Although the law provides for freedom
of movement, foreign travel, emigration, and repatriation, in practice
the Government imposed some limits on these rights.
The Ministry of Territorial Administration required foreigners,
including humanitarian agency personnel, to obtain authorization to
travel to the eastern part of the country.
Security forces, rebels, and bandits continued to maintain
roadblocks, extorting money from travelers, often beating them, and in
some cases killing them.
The activities of armed bandits and rebel groups along the border
with CAR continued to hinder free movement in the region.
In June the traditional chief of Lere-near the border with
Cameroon-was accused of organizing armed bandits to rob local herders
and farmers. Authorities did not investigate or take action by year's
end.
The law prohibits forced exile, and the Government did not use it.
Internally Displaced Persons (IDPs).--The number of IDPs increased
from 180,000 in 2007 to 185,000 by August.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, but the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government also provided temporary
protection to individuals who may not qualify as refugees under the
1951 convention or the 1967 protocol.
The number of Sudanese refugees from Darfur in the country
increased to approximately 250,000; most of these refugees were located
in 12 camps along the eastern border with Sudan. The number of refugees
from CAR increased to approximately 56,000. Most of the refugees from
CAR lived in five camps in the south. There were also approximately
5,000 refugees of various nationalities living in urban areas.
The Government did not provide sufficient protection for refugee
camps in the east, although there were no reports that camps were
attacked. Insecurity in the east, including rebel and bandit attacks,
hindered the ability of humanitarian organizations to provide services
to refugees. NGO workers traveling between camps were frequently
victims of carjackings and armed robberies.
UNHCR and its partner organizations continued to express concern
regarding the potential for militarization of refugee camps by Sudanese
and Chadian rebels, particularly camps located close to the border. The
recruitment of some refugees, including children, into armed groups
continued (See Section 1.g.). UNHCR relocated several thousand refugees
who had fled from Darfur to Birak to camps located farther from the
border. Women were raped in and near refugee camps, including by ANT
soldiers.
Antirefugee sentiment among citizens living in refugee-affected
areas was high, due to competition for local resources such as wood,
water, and grazing land, and because Sudanese refugees received goods
and services that were not available to the local population. There
continued to be occasional reports that citizens attacked refugees and
destroyed their wells.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Although the constitution and law provide citizens with the right
to change their government, the Government continued to limit this
right in practice. The executive branch dominated the other branches of
government.
Elections and Political Participation.--In 2006 President Deby,
leader of the ruling MPS, was reelected to a third term in what
unofficial observers characterized as an orderly but seriously flawed
election that was boycotted by the opposition. The Government had
dismissed appeals from the opposition, civil society, religious groups,
and some members of the international community to postpone elections
and organize a national dialogue. Observers noted low voter
participation, underage voting, multiple voting, and other
irregularities.
In August 2007 the Government and the opposition coalition signed
an agreement that delayed communal and legislative elections,
originally scheduled for 2005, until 2009. Opposition members asserted
that the Government was not fully implementing the agreement. On
February 11, in reaction to government abuses against opposition and
civil society members after the February rebel attack on N'Djamena,
opposition members from the Coalition of Political Parties for the
Defense of the Constitution suspended their participation in a joint
government and opposition committee to monitor the implementation of
the August 2007 accord. Opposition members rejoined the committee on
May 5. During the year the Government and the unarmed political
opposition, with the support of the European Union, continued to work
to implement the accords, including agreeing to hold a new census and
create a more representative electoral commission.
There were approximately 86 registered political parties in the
country. Political parties were subject to outside interference. During
the year opposition leaders were subject to violence and disappearance
(See Sections 1.b. and 1.g.). Opposition political leaders accused the
Government of co-opting their most popular local politicians to run as
MPS members in local elections and alleged that the military
intimidated party members who refused to cooperate. Parties allied with
the Government generally received favorable treatment. Northerners,
particularly members of the Zaghawa ethnic group, including the Bideyat
subclan to which the president belongs, continued to dominate the
public sector and were overrepresented in key institutions of state
power, including the military officer corps, elite military units, and
the presidential staff.
There were 10 women in the 155-seat National Assembly. There were
six women among 40 ministers in the cabinet.
Both the cabinet and the National Assembly had diverse ethnic
representation.
Government Corruption and Transparency.--The law does not provide
criminal penalties for official corruption, and officials frequently
engaged in corrupt practices. The World Bank's 2008 Worldwide
Governance Indicators reflected that corruption was a severe problem.
The Ministry of Morality is responsible for fighting corruption and
carried out anticorruption seminars for government employees.
In September the World Bank ended its financial assistance for a
project to support the Chad-Cameroon oil pipeline. The bank stated the
Government did not comply with components of project agreements
requiring that a substantial portion of the oil revenue be used for
poverty reduction programs.
The Ministry of Morality investigated the Government-owned
communication utility SOTEL due to allegations of embezzlement during
the year. In October President Deby removed the director and deputy
director of the utility from their positions due to mismanagement.
On December 17, President Deby removed the president and vice
president of the HCC due to the disappearance of 100 million CFA francs
(approximately $200,700). They had not been prosecuted by year's end.
There were no reported developments in the 2006 case of two cabinet
ministers who were removed from their positions for misappropriation of
government funds.
The College for the Monitoring and Control of Oil Resources
published one report during the year. Identified deficiencies included
corruption, the 2007 appointment of new college members who were biased
toward the Government, the use of a large portion of revenues for
security sector spending, mismanagement of revenue allocated to
regions, some unfinished social projects, and insufficient coordination
with local populations and leaders. The Government took no action on
the college's previous reports by year's end.
The law does not provide for public access to government
information, although the Government provided such access to
government-employed journalists. Independent media journalists stated
that they were not given sufficient access to government information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government continued to obstruct the work of domestic human
rights organizations through arrest, detention, and intimidation of
their members during the year, particularly after the February attack
on N'Djamena. Government officials generally were accessible to human
rights advocates but were often unresponsive or hostile to their
findings. Nevertheless, such groups were able to investigate and
publish their findings on human rights cases.
There were two principal local human rights organizations, the
ATPDH and the Chadian League for Human Rights (LTDH). These and smaller
human rights organizations worked together through an umbrella
organization, the Association for Human Rights.
On January 9, judiciary police arrested and detained Deuzombe
Daniel Passalet of the local NGO Human Rights without Borders. He was
released 72 hours later.
On February 9, in N'Djamena, Jacqueline Moudeina, the lawyer
representing victims of former President Hissein Habre and president of
ATPDH, received a death threat by telephone, and a military vehicle
went to her house. She had taken refuge in another area of the city.
In February Jean-Bernard Padare, defense lawyer in the 2007 child
abduction case involving the organization Zoe's Arc and LTDH member,
received threats after he filed a suit regarding the detention of
Ngarlegy Yorongar and Ibni Oumar Mahamat Saleh.
Unidentified assailants and armed bandits also attacked numerous
NGO employees during the year, resulting in deaths and injuries (See
Section 1.g.).
The lack of security in the east reduced the ability of
humanitarian organizations to provide services.
Despite pressure from the Government, human rights groups were
outspoken in publicizing abuses through reports, press releases, and
the print media but only occasionally were they able to intervene
successfully with authorities. There was a perception on the part of
government officials that most local human rights groups were composed
mainly of political opponents, which weakened their credibility with
the Government and some international organizations.
The Government continued to obstruct the work of international
human rights organizations, such as Amnesty International.
On April 2, a government decree established a Commission of Inquiry
to examine disappeared persons and other abuses that occurred from
January 28 to February 8. The commission concluded that security forces
and rebels committed human rights violations and that civilians were
killed, injured, raped, and detained (See Section 1.g.). The newspaper
Le Progres reported that on June 25, uniformed persons invaded the home
of the commission president, Maitre Djaibe, and shot and injured his
bodyguard while trying to locate Djaibe.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
Although the constitution and law prohibit discrimination based on
origin, race, gender, religion, political opinion, or social status,
the Government did not effectively enforce these provisions. The
Government favored its ethnic supporters and allies.
Women.--The law prohibits rape but does not provide for criminal
penalties. Rape was a problem; no reliable quantitative data was
available. While police often arrested and detained perpetrators, rape
cases usually were not tried.
Although the law prohibits violence against women, domestic
violence, including spousal abuse, was common. Wives traditionally were
subject to the authority of their husbands, and they had limited legal
recourse against abuse. Although family or traditional authorities
could provide assistance in such cases, police rarely intervened.
In previous years there were reports that family members killed
women for breaking social taboos, although there were no such reports
during the year. In some places girls and women may not visit the site
where an initiation ceremony is to take place. If a female violates
this prohibition, under traditional practices the village leaders can
kill her.
The law prohibits prostitution; however, it was a problem,
particularly in the south.
The law does not prohibit sexual harassment, and such harassment
was a problem.
Discrimination against women and exploitation of women were
widespread. Although property and inheritance laws do not discriminate
against women, local leaders adjudicated most inheritance cases in
favor of men, according to traditional practice. The Ministry of Social
Action and Women is responsible for gender-related issues. Women did
not have equal opportunities for education and training, making it
difficult for them to compete for formal sector jobs.
The law does not address polygyny, but husbands may opt at any time
to declare a marriage polygynous. If a husband takes a second wife, the
first wife has the right to request that her marriage be dissolved, but
she must repay her bride price and other marriage-related expenses.
Children.--The Government did not sufficiently ensure the
protection of children's rights; however, it generally supported the
activities of NGOs and international donors to improve children's
rights and welfare. The Government did not fund medical care or public
education adequately beyond the primary level.
The Government did not register all births immediately.
By law education is universal and free and basic education is
compulsory; however, in practice parents were required to pay tuition
to public schools beyond the primary level. Parents were required to
pay for textbooks, except in some rural areas. Approximately half of
teachers were hired and paid by parent-teacher associations, without
government reimbursement. Educational opportunities for girls were
limited. Most children did not complete primary education. The
percentage of girls enrolled in secondary school was extremely low
compared with that of boys.
Child abuse, including abuse of child herders, remained a problem.
These children often worked long hours and were unable to attend
school.
The law prohibits the practice of FGM; however, FGM was widespread.
According to a 2004 government report by the National Institute of
Statistics, Economic and Demographic Studies, 45 percent of local women
had undergone excision. According to the survey, 70 percent of Muslim
females and 30 percent of Christian females were subjected to FGM. The
practice was prevalent, especially among ethnic groups in the east and
south. All three types of FGM were practiced. The least common but most
dangerous and severe form of FGM, infibulation, was confined largely to
the region on the eastern border with Sudan. FGM usually was performed
prior to puberty as a rite of passage.
FGM could be prosecuted as a form of assault, and charges could be
brought against the parents of FGM victims, medical practitioners, or
others involved in the action. However, prosecution was hindered by the
lack of specific penalty provisions in the penal code. There were no
reports that any such suits were brought during the year. The Ministry
of Social Action and Family was responsible for coordinating activities
to combat FGM.
Although the law prohibits sexual relations with a girl younger
than age 14, even if she is married, the ban was rarely enforced.
Families arranged marriages for girls as young as 12 or 13; the minimum
legal age for engagements was 11. The law prohibits forced marriages of
anyone younger than age 18 and provides for imprisonment of six months
to two years and a fine of 50,000 to 500,000 CFA francs ($114-1,140).
There were some forced marriages, and the custom of buying and selling
child brides continued to be widespread. Many young wives were forced
to work long hours for their husbands in fields or homes.
The Government and other armed groups continued to use child
soldiers (See Section 1.g). The UN reported that on June 27, nine
children were demobilized from the gendarmerie in N'Djamena; five of
the children were former FUC recruits who had been later recruited by
the gendarmerie.
Several human rights organizations reported on the problem of the
mahadjir, children who attended certain Islamic schools and were forced
by their teachers to beg for food and money. There was no reliable
estimate of the number of mahadjir children.
According to the newspaper Le Progres, on October 15, two boys were
rescued from a Koranic teacher in Massaguet. The children appeared to
have been beaten and reportedly were also chained and made to perform
labor for their teacher. The teacher had not been prosecuted by year's
end.
Children who were refugees or IDPs had limited access to services
such as education and health care.
There were developments in the 2007 child abduction case involving
the NGO Zoe's Arc. UNICEF reported that all of the children had been
returned to their families. On March 31, the president of Chad pardoned
the six French nationals involved in the case. The Sudanese and the
Chadian nationals, who each received sentences of four years of hard
labor for complicity, were reported to have escaped from prison during
the February rebel attack on N'Djamena.
Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons; however, traffickers could be prosecuted under
statutes prohibiting child abduction, sale of children, and child
labor. Persons were trafficked to, from, and within the country. Cross-
border trafficking was not widespread, and internal trafficking was
largely restricted to children.
Children were trafficked for forced labor and commercial sexual
exploitation. The majority of child victims were trafficked within the
country to work as involuntary domestic servants, herders, beggars,
forced labor in the commerce or fishing sector, or prostitutes.
Children from Cameroon and CAR were trafficked for commercial sexual
exploitation to the country's oil-producing regions. Chadian children
were trafficked to Cameroon, CAR, and Nigeria.
The majority of child trafficking occurred with parental consent;
children were given by parents to relatives or an intermediary in
exchange for promises of education, apprenticeships, cattle, or a small
sum.
Children were also recruited, sometimes forcibly, into armed groups
(See Section 1.g.).
In June the subprefect of Goundi arrested several village chiefs
suspected of involvement in the selling of children to herders.
On July 15, Le Temps newspaper reported that 108 children were
being held by herders in the subprefecture of Goundi in the district of
Bodo and the village of Hahimtoki.
The Government authorized a local NGO, the Association for the
Recovery of Children in Distress, to remove children from forced
herding and provide them with rehabilitation services.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities. There were no laws or programs to
ensure access to buildings for persons with disabilities. The
Government operated few education, employment, or therapy programs for
such persons. The Government, in conjunction with NGOs, continued to
sponsor an annual day of activities to raise awareness of persons with
disabilities. The Ministry of Social Action and Family is responsible
for the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--There are approximately 200
ethnic groups in the country, many of which are concentrated
regionally. They speak 128 distinct primary languages. Although most
ethnic groups were affiliated with one of two regional and cultural
traditions-Arabs and Muslims in the north, center, and east; and
Christian or animist groups in the south-internal migrations in
response to urbanization and desertification resulted in the
integration of these groups in some areas.
Societal discrimination continued to be practiced routinely by
members of virtually all ethnic groups and was evident in patterns of
employment, especially across the North-South divide. The law prohibits
government discrimination on the basis of ethnicity, although in
practice ethnicity continued to influence government appointments and
political alliances. Political parties and groups generally had readily
identifiable regional or ethnic bases.
Interethnic violence continued, particularly in the east and south
(See Section 1.g.).
Clashes between herders and sedentary populations and other
interethnic violence that often concerned land use continued to be a
serious problem.
Other Societal Abuses and Discrimination.--Societal discrimination
continued to be practiced against homosexuals.
A 2007 law provides for persons with HIV/AIDS to have the same
rights as those without HIV/AIDS and obligates the Government to
provide information, education, and access to tests and treatment for
persons with HIV/AIDS; however, societal discrimination continued to be
practiced against those who have HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law allows all employees except
members of the armed forces to join or form unions of their choice
without excessive requirements, but the authorization of the Ministry
of Interior is required. The Ministry of Interior can also authorize
the immediate administrative dissolution of an association. In contrast
with 2007, there were no reports that the Government banned the
formation of a union.
In the formal sector, more than 90 percent of employees belonged to
unions; however, the great majority of workers were nonunionized,
unpaid subsistence cultivators or herders. The Government, which owned
enterprises that dominated many sectors of the formal economy, remained
the largest employer.
The law recognizes the right to strike but restricts the right of
civil servants and employees of state enterprises to do so. Civil
servants and employees of state enterprises must complete a mediation
process and must notify the Government before striking. Employees of
several public entities deemed as essential must continue to provide a
certain level of services. The International Trade Union Confederation
asserted that the law prolonged the period before a strike can occur
and that the definition of essential services was overly broad. The law
permits imprisonment with forced labor as punishment for participation
in illegal strikes, but no such punishment was imposed during the year.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to organize and bargain collectively, and the Government
protected these rights. Although there are no restrictions on
collective bargaining, the law authorizes the Government to intervene
under certain circumstances.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there
continued to be reports of forced labor practices in the formal economy
and isolated instances of local authorities demanding forced labor by
both children and adults in the rural sector. There were also reports
that prisoners were required to work to pay back taxes they allegedly
owed.
The law permits imprisonment with forced labor for participation in
illegal strikes.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code stipulates that the minimum age for employment is 14,
although children may work as apprentices beginning at age 13. The
Government did not enforce the law. Child labor, including forced child
labor, was a serious problem. The minimum employment age is not
consistent with the compulsory education age.
An estimated 20 percent of children between the ages of six and 18
worked in exploitive labor in the urban informal sector according to a
study published by Human Rights without Borders. Children throughout
the country worked in agriculture and herding. They also were employed
in the commercial sector, particularly in the capital, as street
vendors, manual laborers, and helpers in small shops. Young girls
worked as domestic servants, mainly in N'Djamena. A 2005 UNICEF-
government survey of child domestics in N'Djamena noted that 62 percent
were boys; 24 percent were between eight and 14 years of age; 68
percent were between 15 and 17; and 86 percent were illiterate.
A report by the NGO Justice and Peace Commission stated that from
2006 to 2008 local NGOs rescued more than 600 children whose families
had sold them for use as herders in the southern part of the country,
specifically in the departments of Mandoul and Moyen Chari.
Children who attended certain Islamic schools were sometimes forced
by their teachers to beg for food and money.
Some children worked as domestic servants in the households of
relatives for little compensation. Some young girls were forced into
marriages by their families and then compelled to work in their
husbands' fields or homes while they were still too young to do so
safely.
Government forces and rebel groups recruited child soldiers (See
Section 1.g.).
The Office of Labor Inspection is responsible for enforcement of
child labor laws and policies. That office had approximately 16 labor
inspectors to cover the entire country. As in previous years, they
reportedly had no funding to carry out field work and investigations.
The Government did not have a comprehensive plan to eliminate the
worst forms of child labor; however, the Government continued to work
with UNICEF and other NGOs to increase public awareness of child labor.
In addition, the campaign to educate parents and civil society on the
dangers of child labor, particularly for child herders, continued.
e. Acceptable Conditions of Work.--The labor code requires the
Government to set minimum wages, and the minimum wage at year's end was
28,000 CFA francs (approximately $64) per month; however, these
standards were generally ignored. The minimum wage did not provide a
decent standard of living for a worker and family, although wage levels
were raised during the year.
Nearly all private sector and state-owned firms paid at least the
minimum wage, but it was largely ignored in the vast informal sector.
In some areas there were long delays in the payment of those salaries.
Salary arrears remained a problem, although less so than in previous
years. Low wages among customs, police, and military officials
contributed to almost daily extortion of the civilian population along
all major roads.
The law limits most employment to 39 hours per week, with overtime
paid for supplementary hours. Agricultural work was limited to 2,400
hours per year, an average of 46 hours per week. All workers were
entitled to an unbroken 48-hour rest period per week; however, these
rights rarely were enforced.
The labor code mandates occupational health and safety standards
and gives inspectors the authority to enforce them; however, these
standards were generally ignored in the private sector and in the civil
service.
Workers had the right to remove themselves from dangerous working
conditions; however, in practice they could not leave without
jeopardizing their employment. The labor code explicitly protects all
workers, including foreign and illegal workers, but the protections
provided were not always respected in practice.
__________
COMOROS
The Union of the Comoros is a constitutional, multiparty republic
of 732,000 citizens. The country consists of three islands-Grande
Comore, Anjouan, and Moheli-and claims a fourth, Mayotte, which France
governs. In May 2006 citizens elected Ahmed Abdallah Mohamed Sambi as
Union president in polling that international observers described as
generally free and fair. This was the first peaceful and democratic
transfer of power in the country's history. On March 25, the Union Army
of National Development, with African Union support, launched a
successful and bloodless military action that resulted in the removal
of former Anjouan president Mohamed Bacar, who fled the country. Bacar
had ruled the island by force since declaring himself the winner of an
illegal election in June 2007. On June 29, Moussa Toybou was elected
president of Anjouan in a generally free and fair process. The civilian
authorities in Grande Comore and Moheli, and in Anjouan after March 25,
generally maintained effective control of the security forces.
The Union government generally respected the human rights of its
citizens on the islands under its effective control-Grande Comore and
Moheli, as well as Anjouan after March 25-although there were some
areas of concern. Problems on all three islands included poor prison
conditions; restrictions on freedom of movement, press, and religion;
official corruption; discrimination against women; child abuse; and
child labor.
Until March 25, Bacar's regime in Anjouan arbitrarily detained and
imprisoned its critics and restricted freedom of movement and
association.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Union government or its agents committed arbitrary or
unlawful killings.
Civil society representatives in Anjouan reported that on March 7,
Nadiati Soimaddine died from injuries inflicted during torture a few
days earlier by Mohamed Bacar's security agents. Soimaddine was accused
of supporting Union president Sambi.
b. Disappearance.--There were no reports of politically motivated
disappearances; however, in Anjouan, prior to March 25, Mohamed Bacar
detained more than 300 persons who opposed or criticized his regime,
and many were held incommunicado.
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 on Grande
Comore or Moheli; however, prior to March 25, regime gendarmes in
Anjouan were responsible for rape, torture, illegal detention, and
forced exile.
The Comoros Human Rights Foundation (FCDH) interviewed victims of
the Bacar regime between April 7 and April 10 and was preparing
evidence to prosecute members of the Bacar regime at year's end. Most
cases involved the torture of detainees.
For example, on January 14, Bacar's security forces arrested
Mohamed Attoumane for listening to a radio program from the national
radio station. Attoumane was tortured and released the following day.
On February 7, Bacar's forces detained and tortured Soulaimana
Bacar and several unnamed friends. Soulaimana Bacar, who suffered a
broken foot and arm, was held incommunicado and transferred between
unknown locations before his February 24 release.
On February 15, Bacar's forces arbitrarily detained and beat
Attoumane Houmadi, whom they held until February 21, when his family
paid for his release.
Some persons released during the year had been held for months by
Bacar regime security forces. For example, Abdallah Ahmed Ben Ali, who
was arbitrarily arrested in June 2007, was detained and tortured until
his March 25 release.
Prison and Detention Center Conditions.--Prison conditions remained
poor. Common problems included improper sanitation, overcrowding,
inadequate medical facilities, and poor diet. Authorities held pretrial
detainees with convicted prisoners.
There were reports that prisons in Anjouan were filled to capacity
and that detainees were being held in shipping containers prior to
March 25. After order was restored in Anjouan, all political prisoners
were released.
The Government permitted visits by independent human rights
observers. In an August visit, an international organization confirmed
that the Union government met international standards in its detention
in Grande Comore of officials from the Bacar regime.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions on Grande Comore and Moheli; however,
during the year the Union government detained civilian and military
officials of the Bacar regime on charges of crimes against the state.
Prior to March 25, the Bacar regime arbitrarily arrested hundreds
of persons (See Section 1.e.).
Role of the Police and Security Apparatus.--Six separate security
forces report to four different authorities. Union forces include the
Army of National Development, the Gendarmes, and the National
Directorate of Territorial Safety (immigration and customs). The
previously separate Anjouan Gendarmes has been incorporated into the
Union structure. Each of the three islands also has its own local
police force under the authority of each island's ministry of interior.
There was continued corruption in the police force. Citizens paid
bribes to evade customs regulations, avoid arrest, and falsify police
reports. Police personnel paid bribes to receive promotions within the
force. Impunity was a problem, and there was no mechanism to
investigate police abuses. Union police took part in international
training to become more professional.
Arrest and Detention.--The law requires warrants for arrests and
provides that detainees may be held for 24 hours, although these
provisions were not always respected in practice. The prosecutor must
approve continued detention. A tribunal informs detainees of their
rights, including the right to legal representation. The law provides
for the prompt judicial determination of the legality of detention and
that detainees be promptly informed of the charges against them. In
practice these rights were inconsistently respected. Some detainees did
not get prompt access to attorneys or families. The law also requires
the state to provide an attorney for indigent defendants, but this
rarely occurred. There is a bail system under which the individual is
not permitted to leave the country. Prior to the March 25 military
action, incommunicado detention in Anjouan was a problem.
After March 25, the Union government detained approximately 50
civilian and military officials of the Bacar regime. All remained in
detention at year's end.
Pretrial detention was a problem, with approximately 20 percent of
the prison population awaiting trial for extended periods. By law
pretrial detainees can be held for four months only, but this period
could be renewed.
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, judicial corruption was a problem.
The head of state appoints magistrates by decree.
The seven-member Constitutional Court includes a member appointed
by the president of the Union, a member appointed by each of the two
Union vice presidents, a member appointed by each of the three island
government presidents, and a member appointed by the president of the
National Assembly. Minor disputes can be reviewed by the civilian court
of first instance, but they were usually settled by village elders
outside of the formal structure.
Trial Procedures.--The law provides for the right to a fair trial
for all citizens. Under the legal system, which incorporates French
legal codes and Islamic Shari'a law, trials are mostly open to the
public, and defendants are presumed innocent. Juries deliberate
criminal cases, and there is an appeal process. Defendants have the
right to be present, to access government-held evidence, and to consult
with an attorney. The law allows defendants to question witnesses and
present their own witnesses. In practice these rights were
inconsistently respected.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees on Grande Comore and Moheli; however,
prior to March 25, the Bacar regime arbitrarily arrested and held
hundreds of political detainees and prisoners, including 60 members of
President Sambi's family and more than 300 journalists, intellectuals,
politicians, teachers, and other persons suspected of disloyalty. Some
of those detained were held incommunicado, and one detainee reportedly
died from injuries inflicted during torture. After March 25, all
prisoners confirmed to have been arbitrarily held by Bacar's regime
were released.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters, but formal courts had
insufficient resources and were corrupt. Administrative remedies were
rarely available, although citizens with influence had access to such
alternatives. Court orders were inconsistently enforced.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Union government
partially limited press freedom. Until March 25, the Bacar regime on
Anjouan also did not respect freedom of speech or press and detained
and imprisoned the regime's critics. Journalists on all three islands
practiced self-censorship.
Individuals could generally criticize the Union government publicly
or privately without reprisal on Grande Comore and Moheli, and on
Anjouan after March 25. Before March 25, forces loyal to Mohamed Bacar
detained hundreds in Anjouan for criticizing the regime (See Section
1.e.).
There is a government-supported newspaper and four independent
newspapers.
On January 15, Union security forces detained and questioned El-Had
Said Omar, director of La Gazette newspaper, for five hours regarding
La Gazette's publication of personal information about the nomination
of a Union intelligence official. El-Had was released the same day.
No action was taken against Anjouan gendarmes involved in the May
2007 arrest and beating of four journalists or the June 2007 arrest and
detention of radio reporter Elarifou Minihadji.
Unlike in the previous year, there were no reports that Union
police seized newspapers or that journalists fled the country to avoid
arbitrary arrest.
There is independent radio on Grande Comore and Moheli and, since
March 25, on Anjouan; Mohamed Bacar did not allow independent radio.
One government radio station operated on a regular schedule. Small
community radio stations operated without government interference on
Grande Comore and Moheli, as did Mayotte Radio and French television.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
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 law provide for freedom of assembly;
however, the Government did not always respect this right.
On March 27, police fired tear gas to disperse hundreds of violent
demonstrators near the French embassy in Grande Comore. The
demonstrators, who threw rocks and threatened French citizens and other
foreigners, were protesting suspected French involvement in Bacar's
departure from the country, a charge the Government of France denied.
Until March 25, Bacar's forces on Anjouan regularly used force and
intimidation to prohibit gatherings of those who criticized him.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Union government generally respected
this right.
Until March 25, security forces on Anjouan harassed and intimidated
political opponents.
c. Freedom of Religion.--The constitution provides for freedom of
religion; however, the Government restricted this right in practice.
The constitution does not declare Islam the official religion but
declares that the laws must draw inspiration from Islam. Proselytizing
for any religion except Islam is illegal, and converts from Islam may
be prosecuted under the law that prohibits proselytizing.
Societal Abuses and Discrimination.--Comoran Christians, who
constitute less than 1 percent of the population, continued to
experience societal discrimination and intimidation. The law allows
non-Muslims to practice their religion, but societal pressure
effectively restricted the use of the country's three churches to
noncitizens. Family and community members harassed those who joined
non-Muslim faiths.
On April 20, unknown persons wrote obscene words on the outer wall
of the Protestant Church of Moroni. Community leaders near the church
publicly expressed disappointment, and on May 28, the Union National
Assembly issued a statement calling for Union authorities to
investigate the incident. No action had been taken by year's end.
Unlike in the previous year, there were no reports of attacks on
Catholic charities.
There was no known Jewish population and no reports of anti-Semitic
acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country and foreign travel, and the
Government generally respected these rights in practice; however,
travel restrictions were imposed on certain individuals as a result of
the political unrest on Anjouan.
Until March 25, Mohamed Bacar continued to prevent political
opponents from leaving Anjouan and denied entry to all Union government
officials. After March 25, there were reports that government officials
barred persons associated with Bacar from leaving until their
involvement or complicity in the regime had been determined.
During the year the travel sanctions against Mohamed Bacar and 144
other individuals imposed by the African Union in October 2007 were
withdrawn.
The law does not prohibit forced exile, but the Government did not
use it. However, on March 25, Mohamed Bacar and 21 loyalists and family
members fled to Mayotte, from where they were transferred to Reunion.
Bacar, who was denied asylum in France, accepted an offer of asylum
from Benin, where he remained in exile at year's end. Bacar's loyalists
remained in Reunion, according to press reports.
Internally Displaced Persons.--Hundreds of Anjouan residents fled
the island during Bacar's regime, but all had returned by year's end.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has not established a system for providing protection to
refugees. In practice the Government provided some protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened.
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 residents of Grande Comore and Moheli
exercised this right in practice through periodic, free, and fair
elections held on the basis of universal suffrage. Residents in Anjouan
also exercised this right in free and fair elections conducted after
the March 25 military action that resulted in the removal of former
island president Mohamed Bacar.
Elections and Political Participation.--Anjouan held its first
round of island president (governor) elections on June 15. With no
clear winner, a second round run-off was held June 29 between Mohamed
Djaanfari and Moussa Toybou. Toybou won with 52.4 percent of the vote
in elections that international observers deemed generally free and
fair.
The constitution provides for a ``rotating'' Union presidency in
which each island takes a turn at holding a primary for presidential
candidates. In 2006 the turn passed to Anjouan; all 12 presidential
candidates had to be natives of Anjouan to run in the primary. From the
12, Anjouan voters selected three to run in the national election that
Ahmed Abdallah Mohamed Sambi won. International observers considered
the elections free and fair. The May 2006 inauguration of President
Sambi was the first peaceful and democratic transfer of power in the
country's history. The constitution thus restricts, by island, who can
run for the presidency, but aside from the rotation principle, anyone
is free to stand for election.
Grande Comore and Moheli held first- and second-round island
president (governor) elections in June 2007; both elections were
considered generally free and fair.
More than 20 political parties operated without restriction and
openly criticized the Union government.
There was one woman in the 33-member National Assembly. There were
no minorities in high-level offices.
Government Corruption and Transparency.--Corruption was a serious
problem. The law provides for criminal penalties for official
corruption; however, the Government did not implement the law
effectively, and officials often engaged in corrupt practices with
impunity. Resident diplomatic, UN, and humanitarian agency workers
reported that petty corruption was commonplace at all levels of the
civil service despite the Government's 2006 launch of an anticorruption
campaign. Private sector operators reported that corruption and lack of
transparency were problems.
Unlike in previous years, the Government did not prosecute or
discipline officials charged with corruption. The Union Ministry of
Justice is responsible for combating corruption.
Officials were not subject to financial disclosure laws.
There are no laws providing for public access to government
information. Those who have personal or working relationships with
government officials can generally access government information, but
members of the general public cannot.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
One domestic and some international nongovernmental organizations
(NGOs) generally operated without government restriction, investigating
and publishing their findings on human rights cases. Government
officials were generally cooperative and responsive to their views.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives or other
organizations during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, sex, disability,
language, or social status; however, there was discrimination against
women.
Women.--Rape is illegal, punishable by imprisonment of five to 10
years or up to 15 years if the victim is younger than 15 years of age.
The Government did not enforce the laws on rape effectively. The law
does not specifically address spousal rape.
The law prohibits domestic violence, but the Government did not
take any action to combat violence against women. Although women can
seek protection through the courts in such cases, extended family or
village elders customarily addressed such problems.
Prostitution is illegal and was not openly practiced in public
places, with the exception of a few hotels frequented by foreigners.
Arrests for prostitution were rare.
Sexual harassment is illegal and punishable by up to 10 years'
imprisonment. Although rarely reported due to societal pressure, such
harassment was nevertheless a common problem.
The law provides for equality of persons, and in general,
inheritance and property rights do not discriminate against women. Men
retained the dominant role in society, although the matriarchal
tradition afforded women some rights, especially in landholding.
Societal discrimination against women was most apparent in rural areas
where women had farming and child-rearing duties, with fewer
opportunities for education and wage employment. In urban areas,
growing numbers of women were employed and generally earned wages
comparable to those of men engaged in similar work; however, few women
held positions of responsibility in business. The law does not require
women to wear head coverings, but many women faced societal pressure to
do so.
Children.--The Government did not take specific action to protect
or promote children's welfare and did not enforce legal provisions that
address the rights and welfare of children.
Education is compulsory until the age of 12, but not free. Teacher
strikes over nonpayment of salaries interrupted school several times
during the year. Boys generally had greater access to schools than
girls.
Although there are no official statistics on child abuse, it was
common and often occurred when impoverished families sent their
children to work for wealthier families. A 2002 UN Children's Fund
study found that child abuse, including sexual abuse, was widespread
and often occurred at home. There also were reports that teachers raped
students.
Child prostitution and child pornography are illegal. The law
considers unmarried children under the age of 18 as minors, and they
are protected legally from sexual exploitation, prostitution, and
pornography. There were no statistics regarding these matters, but they
were not considered serious problems.
Trafficking in Persons.--The law does not prohibit trafficking in
persons; however, there were no reports that persons were trafficked
to, from, or within the country.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--There are no laws that mandate access
to buildings for persons with disabilities or that prohibit
discrimination in employment and public services.
The country's center for persons with disabilities on Grande Comore
was run by an NGO. The center imported wheelchairs and prostheses.
Other Societal Abuses and Discrimination.--There were no reports of
discrimination against persons with HIV/AIDS. Homosexuals did not
publicly discuss their sexual orientation due to societal pressure.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form and
join unions of their choice without previous authorization or excessive
requirements, and many of those in the wage labor force did so in
practice. Teachers, civil servants, taxi drivers, and dockworkers were
unionized. The law allows unions to conduct their activities without
government interference and provides for the right to strike, and
workers exercised this right in practice.
There are no laws protecting strikers from retribution, but there
were no reported instances of retribution.
The labor code, which was rarely enforced, does not include a
system for resolving labor disputes.
b. The Right to Organize and Bargain Collectively.--Unions have the
right to bargain collectively, although employers set wages in the
small private sector, and the Government, especially the ministries of
finance and labor, set them in the larger public sector.
The law does not prohibit antiunion discrimination by employers in
hiring practices.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor by adults with certain exceptions for
obligatory military service, community service, and accidents, fires,
and disasters. The Union's civil protection unit may oblige persons to
respond to disasters if it is unable to obtain sufficient voluntary
assistance; however, this has never occurred. There are no specific
prohibitions against forced or compulsory child labor, and it occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--Laws
exist to protect children from exploitation in the workplace, but the
Government did not enforce such laws. The law defines 15 as the minimum
age for employment. Children worked in subsistence farming, fishing, in
the informal sector selling goods along roadsides, and extracting and
selling marine sand. Some children worked under forced labor
conditions, particularly in domestic service and agriculture. In
addition, some Koranic schools arranged for poor students to receive
lessons in exchange for labor, which sometimes was forced.
Some families placed their children in the homes of wealthier
families where they worked in exchange for food, shelter, or
educational opportunities. Many children were not paid for their work.
The Government's Ministry of Labor is responsible for enforcing child
labor laws, but it did not actively do so.
e. Acceptable Conditions of Work.--A ministerial decree set the
minimum wage at 30,000 Comoran francs per month ($83). Although
national and local governments do not enforce a minimum wage, unions
have adequate authority to negotiate de facto minimum wage rates for
different skill levels. In practice unions enforce this de facto
minimum wage via their ability to strike against employers. Despite
strikes and other protests, the Union government was unable to pay
government employees, including low-level officials, teachers, and
medical workers, for several months due to budgetary difficulties.
The law specifies a workweek of 37 1/2 hours, one day off per week,
and one month of paid vacation per year. According to the law, workers
receive time and a half for overtime. There was no prohibition on
excessive, compulsory overtime; however, shortages in electricity
prevented overtime work of any kind in most businesses. These laws,
like many others, were not enforced. Employers, particularly the
Government, were often remiss in paying salaries.
No safety or health standards have been established for work sites.
Workers generally could not remove themselves from an unsafe or
unhealthful situation without risking their employment.
__________
CONGO, DEMOCRATIC REPUBLIC OF THE
The Democratic Republic of the Congo (DRC) is a nominally
centralized republic with a population of approximately 60 million. The
president and the lower house of parliament (National Assembly) are
popularly elected; the members of the upper house (the Senate) are
chosen by provincial assemblies. Multiparty presidential and National
Assembly elections in 2006 were judged to be credible, despite some
irregularities, while indirect elections for senators in 2007 were
marred by allegations of vote buying.
Internal conflict in the eastern provinces of North and South Kivu,
driven to a large degree by the illegal exploitation of natural
resources, as well as a separate conflict in the western province of
Bas-Congo, had an extremely negative effect on security and human
rights during the year. The Goma peace accords signed in January by the
Government and more than 20 armed groups from the eastern provinces of
North and South Kivu provided for a cease-fire and charted a path
toward sustainable peace in the region. Progress was uneven, with
relative peace in South Kivu and the continued participation of the
South Kivu militias in the disengagement process. In North Kivu, what
little progress was made in implementing the accords during the first
half of the year unraveled with the renewed fighting that began in
August, perpetuating lawlessness in many areas of the east.
On December 12, the UN Group of Experts on the Democratic Republic
of Congo Report Pursuant to United Nations Security Council Resolution
1807 reported that Rwandan authorities have supplied military equipment
and been complicit in recruiting soldiers, including children, to
support the Congolese rebel National Congress in Defense of the People
(CNDP), led by a former general of the Congolese Armed Forces (FARDC),
Laurent Nkunda. In addition, the UN Group of Experts presented
extensive and credible evidence that elements of the FARDC provided
support to the Democratic Forces for the Liberation of Rwanda (FDLR),
which committed numerous abuses in eastern Congo during the year and
was composed primarily of Hutus from neighboring Rwanda, including some
who perpetrated the 1994 Rwandan genocide. Also in December, the
Rwandan and Congolese governments met to develop a joint strategy to
eliminate the FDLR.
At year's end government control over many regions remained weak,
particularly in North and South Kivu provinces. Civilian authorities
generally did not maintain effective control of the security forces.
In all areas of the country the Government's human rights record
remained poor, and security forces continued to act with impunity
throughout the year, committing many serious abuses including unlawful
killings, disappearances, torture, and rape. Security forces also
engaged in arbitrary arrests and detention. Harsh and life-threatening
conditions in prison and detention facilities, prolonged pretrial
detention, lack of an independent and effective judiciary, and
arbitrary interference with privacy, family, and home also remained
serious problems. Security forces retained child soldiers and compelled
forced labor by civilians. Members of the security forces also
continued to abuse and threaten journalists, contributing to a decline
in freedom of the press. Government corruption remained pervasive.
Security forces at times beat and threatened local human rights
advocates and harassed UN human rights investigators. Discrimination
against women and ethnic minorities, trafficking in persons, child
labor, and lack of protection of workers' rights continued to be
pervasive throughout the country. Enslavement of Pygmies occurred.
Armed groups continued to commit numerous, serious abuses-some of
which may have constituted war crimes-including unlawful killings,
disappearances, and torture. They also recruited and retained child
soldiers, compelled forced labor, and committed widespread crimes of
sexual violence and other possible war crimes.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the Government or its agents committed politically motivated
killings.
On July 6, Kinshasa-based members of the Republican Guard (GR), an
elite armed force under the control of President Joseph Kabila, killed
Daniel Botethi, the vice president of the Kinshasa Provincial Assembly
and a prominent figure of the opposition party Liberation of Congo
(MLC), whose leader Jean-Pierre Bemba ran against Kabila for president
in 2006. The soldiers shot and killed Botethi and his bodyguard at a
roadblock in Kinshasa, near the site of an attack in May that injured
opposition Senator Adolphe Onusumba. The MLC subsequently suspended its
participation in government bodies to protest the killing. On September
22, the Military Tribunal of Kinshasa/Ngaliema sentenced four GR
soldiers to death for their involvement in the killing. Although a
soldier on trial for the murder testified that Kinshasa Governor Andre
Kimbuta, an ally of President Kabila, ordered the killing, the
connection was never proved.
In the east, security forces summarily executed civilians and
killed civilians during clashes with illegal armed groups (See Section
1.g.).
There were several occasions during the year when members of
security forces arbitrarily and summarily killed civilians, sometimes
during apprehension or while holding them in custody, and often for
failing to surrender their possessions, submit to rape, or perform
personal services. For example, according to the United Nations Joint
Human Rights Office in the country (UNJHRO), on January 23, a Congolese
National Police (PNC) officer in Bulukutu, Equateur Province, shot and
killed a civilian who was serving lunch to a group of police officers
because the victim had given a larger serving to his police colleagues.
Authorities arrested the perpetrator but later released him, reportedly
due to the lack of detention facilities. No further action had been
taken by year's end.
According to the UNJHRO, on February 21, a policeman attached to
the Provincial Mining Office in Kalukalanga, Katanga Province, shot and
killed an artisanal miner because he did not have enough money to pay
``an entry fee'' into the local mining site. No action was taken
against the officer.
On February 28, the Government launched operations ostensibly to
restore state authority in Bas-Congo Province. Members of the Bundu Dia
Kongo (BDK), a political-religious group seeking greater provincial
autonomy, had effectively taken over state functions in several
villages and towns in Seke-Banza, Lukula, and Luozi territories to set
up a parallel justice system where existing state authority was
extremely weak. The arrival of security forces spawned violent clashes
with the BDK, as well as the rape of local residents by the PNC (See
Section 1.c.). In June, after dispatching an investigative team to the
province in late March, the UNJHRO published a report concluding that
at least 100 persons, most of whom were members of the BDK, died during
the operations launched by the PNC. The report concluded that the
police used excessive force and in some cases committed arbitrary
executions. Although it criticized the report, the Government made a
commitment to hold a judicial investigation, which had not begun by
year's end. A report released in November by Human Rights Watch (HRW),
which also cited instances of excessive force by security forces
against the BDK in 2007, estimated that more than 200 BDK supporters
and others were killed as a result of the clashes in March, which HRW
believed were part of ``a deliberate effort to wipe out the movement.''
According to the UNJHRO, on March 22, a FARDC soldier shot and
killed a civilian in Mahagi Port, Orientale Province, who resisted his
attempt to extort money at a checkpoint. The victim's brother later
stabbed the soldier to death.
There were no reports that authorities apprehended the police chief
in Sota, Ituri District (Orientale Province), who escaped arrest in
January 2007, after he and his assistant subjected a detainee to cruel
and inhuman treatment, resulting in his death. It was unknown whether
the assistant remained in detention or had been tried.
Authorities took no action against members of security forces who
used excessive force, according to a UN report, during a January 2007
demonstration by the BDK, resulting in the killing of at least 105
persons.
According to the Bukavu-based nongovernmental organization (NGO)
Volunteer Service Bureau for Children and Health, the Bukavu Military
Court sentenced a soldier of the FARDC's 11th Integrated Brigade in
March 2007 to 20 years in prison for the February 2007 killing of a
civilian who refused to carry the soldier's personal belongings.
Authorities took no action against a navy corporal who shot and
killed a university student in Goma, North Kivu Province, in April
2007.
Authorities took no action against those responsible for summarily
executing and otherwise killing approximately 300 persons in March 2007
during armed confrontations in Kinshasa between forces loyal to
President Kabila and rival forces loyal to former vice president Jean-
Pierre Bemba. Authorities also took no action against FARDC and GR
officers who arrested more than 200 persons following the
confrontations and subjected many of them to cruel, inhuman, and
degrading treatment. By July 25, after the vice minister of human
rights identified several individuals being detained illegally,
authorities had released more than half (107) of the 187 individuals
who were still in detention at the beginning of the year as a result of
the March 2007 Kinshasa fighting. According to the UN peacekeeping
mission in the country (MONUC), by year's end authorities released the
remaining 80, all former militia members of Bemba's protection force,
and transferred them to Kamina, Katanga Province, to be integrated into
the FARDC.
There was no information available regarding a policeman in
Mabikwa, Maniema Province, who beat a man to death in July 2007 before
going into hiding.
During 2007 there were reports of deaths in prisons resulting from
physical abuse by members of security forces. No action was taken
against the FARDC soldiers who tortured to death two suspects at Uvira
Central Prison in South Kivu Province in October 2007, or against the
Mobile Intervention Group (GMI) officers for the October 2007 killing
of an inmate at Buluwo Prison in Katanga Province.
Authorities did not take any action during the year against several
FARDC soldiers involved in the 2006 killing of 13 civilians in Kagaba,
Ituri District (Orientale Province).
There were no reports that authorities had found the escaped FARDC
soldier who was sentenced to prison in 2007 for the 2006 killing of an
elderly man in Beni, North Kivu Province.
On February 29, the High Military Court in Kinshasa rejected a
motion filed by victims' relatives to reverse the December 2007
decision by the Lubumbashi Military Court of Appeal. The December 2007
decision rejected the appeal request that had been filed challenging
the acquittals of the original Kilwa trial. In the original June 2007
trial, a Katanga Province military court acquitted several FARDC
soldiers and three employees of Anvil Mining of involvement in the 2004
massacre of 73 residents of Kilwa, Katanga; UN human rights officials
subsequently expressed serious concern over the trial's verdict.
According to locally based African Association for the Defense of
Human Rights (ASADHO), in April the governor of Katanga Province and
the provincial minister of interior arbitrarily prevented local human
rights activists and attorneys from an Australian law firm from
traveling to Kilwa to gather information for a possible civil law suit
in Australian courts against Perth-based Anvil Mining Company. Katanga
authorities did not allow the group's aircraft to leave a Lubumbashi
airport for Kilwa, citing a lack of official authorization, which the
governor subsequently refused to grant due to regional ``insecurity,''
although other flights that same day reportedly made the same voyage
with no such authorization.
There were no reports of authorities taking action on the June 2007
killing of a police officer by civilians in Bukavu, South Kivu
Province.
Illegal armed groups, including rebel groups and community
militias, committed unlawful killings during the year (See Section
1.g.).
A MONUC peacekeeper shot and killed a civilian during violent
demonstrations in Goma on October 27 (See Section 1.g.).
b. Disappearance.--There were reports of politically motivated
disappearances caused by government forces. According to a report
released in January by the UN Working Group on Enforced or Involuntary
Disappearances (UNWGEID), of the 52 cases of forced or involuntary
disappearances reported to the UNWGEID since 1980, 43 remained
unsettled as of November 2007. There were few, if any, reports that the
Government made efforts to investigate disappearances and abductions,
including those in which security force members were accused of
involvement.
There was no information about the whereabouts of three lawyers in
Kinshasa who were abducted by three armed men in July 2007 and
allegedly detained by the National Intelligence Agency (ANR).
Armed groups operating outside government control kidnapped
numerous persons, often for forced labor, military service, or sexual
services. Many of the victims disappeared (See Section 1.g.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law does not specifically criminalize torture, and
during the year there were many credible reports by informed sources
that security services tortured civilians, particularly detainees and
prisoners, and employed other types of cruel, inhuman, and degrading
punishment. There were almost no reports of government authorities
taking action against members of security forces responsible for these
acts.
The UNJHRO reported several cases of torture and cruel, inhuman,
and degrading treatment. For example, on January 7, two FARDC soldiers
in Kalemie, Katanga Province, beat a civilian with the butts of their
AK-47 rifles and stole his mobile telephone and 12,000 Congolese francs
(approximately $24). Authorities had taken no action against the
soldiers by year's end.
On January 13, five FARDC soldiers severely beat a civilian in
Mbuji-Mayi, Kasai Oriental Province, for resisting their efforts to
steal his motorbike. Military authorities took no action against the
soldiers.
On January 28, seven PNC officers in Bena-Leka, Kasai Occidental
Province, subjected a civilian to cruel, inhuman, and degrading
treatment because he had failed to install hygienic facilities in his
home, as ordered by local authorities. They severely beat the victim,
undressed him, and then forced him to walk naked to the local ANR
office, which subsequently provided him with clothes and released him.
Authorities took no action against the PNC officers.
On February 28, GMI officers in Mbuji-Mayi, Kasai Oriental
Province, arrested a policeman and detained him in a GMI holding cell
until March 13 while subjecting him to torture. Over several days a GMI
lieutenant handcuffed the victim's hands behind his back and beat him
on the buttocks and right shoulder with the backside of a machete and
the wooden handle of a spade. The military prosecutor began an
investigation into the case, but results remained unknown at year's
end.
Authorities took no action against ANR agents who arrested a theft
suspect in Beni, North Kivu Province, in January 2007 and, according to
MONUC, subsequently beat the victim with sticks, including on his
genitals.
During the year a police commander arrested one of his subordinates
for the abuse of a theft suspect in February 2007 in Mbuji-Mayi, Kasai
Oriental Province. At year's end the policeman remained in detention
awaiting a court date.
Police took no action against members of security forces who,
according to informed sources, committed the following acts of torture
in 2007: the January torture of a judicial investigator by authorities
in Orientale Province (See Section 1.d.); the daily whipping of a man
between April and June on the orders of a FARDC general in Kinshasa
following a personal business dispute; and the November torture of
seven suspected gang members, one of whom died from his injuries, by
the GMI in the Bakwa Bowa police station in Kasai Oriental Province.
On several occasions during the year police beat and arrested
journalists who wrote or broadcast material they did not like (See
Section 2.a.)
There were continuing reports, including many from the UNJHRO, of
rape of civilians by members of the security forces. Several of these
reports concerned rape committed in the context of the conflict in the
east (See Section 1.g.). Other reported rapes by security forces
occurred outside the conflict's context. For example, on February 26, a
FARDC soldier in Rwindi, North Kivu Province, allegedly raped a three-
year-old girl. Military justice authorities from the 9th Integrated
Brigade later arrested and detained the perpetrator, although his
status was unknown at year's end.
On March 19, a FARDC lieutenant in Gemena, Equateur Province,
abducted a 14-year-old girl, took her to his house, and repeatedly
raped her until he released her on March 23. The Office of the Military
Prosecutor subsequently arrested him, although his status was unknown
at year's end.
On April 15, the Mbanza Ngungu Military Tribunal in Luozi, Bas-
Congo Province, sentenced two PNC officers to 20 years in prison for
rape committed during PNC operations against the BDK in March (See
Section 1.a.).
On May 17, a group of policemen in Ngele, Equateur Province, raped
13 women and six girls, subjected male residents of the village to
cruel, inhumane, and degrading treatment, and pillaged the entire
village. The rapes were reportedly a planned response to a May 13
incident during which villagers threw stones at the police after two
officers had severely beaten two young men. Authorities took no known
action against the policemen.
In May 2007 FARDC soldiers of the 6th Integrated Brigade looted
several houses near Jiba, Ituri District, raped four women, and forced
10 villagers to carry looted goods to their camp near Bule. They
released the villagers several days later. Military authorities
arrested two soldiers in connection with one of the rapes, but did not
take any additional action.
Authorities took no known action against members of security forces
responsible for the following rapes committed in 2007: the September
rape of eight women, including three minors, in Yanonge, Orientale
Province, by PNC officers reportedly acting on orders from their
commander; and the November gang rape of a woman in Bongondjo, Equateur
Province, by five FARDC soldiers.
According to the UNJHRO, on February 18, the Mbandaka Military
Tribunal pronounced its verdict against six police officers accused of
committing mass rape and other human rights violations in Waka,
Equateur Province, in 2006. The court sentenced one of the officers to
20 years in prison for crimes against humanity. It sentenced two others
to six months, already served, for extortion and looting. The court
sentenced the remaining officers to three to five years in prison for
arbitrary arrest and illegal detention.
According to ASADHO, in September a mobile court investigated the
2006 rape of 60 women and girls in Belongo, Equateur Province, but had
not reached a verdict at year's end.
Prison and Detention Center Conditions.--Conditions in most prisons
remained harsh and life-threatening.
In all prisons except the Kinshasa Penitentiary and Reeducation
Center (CPRK), the Government had not provided food for many years-
prisoners' friends and families provided the only available food and
necessities. Malnutrition was widespread. Some prisoners starved to
death. Prison staff often forced family members of prisoners to pay
bribes for the right to bring food to prisoners.
Temporary holding cells in some prisons were extremely small for
the number of prisoners they held. Many had no windows, lights,
electricity, running water, or toilet facilities.
According to the UNJHRO, on January 17, inmates took the director
of Kalemie Central Prison in Katanga Province hostage in protest
against the chronic food shortage in the prison. The inmates had not
eaten for three days. They released him the same day.
During the year many prisoners died due to neglect. For example,
the UNJHRO reported in February that over a two-month period, 21
prisoners died from malnutrition or dysentery in prisons in Uvira,
Bunia, and Mbuji-Mayi.
On April 17, local judicial authorities visiting Bunia Central
Prison in Orientale Province observed that three prisoners had died
that month due to malnutrition.
Between June 21 and 25, five inmates died of malnutrition in Mbuji-
Mayi Central Prison in Kasai Oriental Province. The UNJHRO stated 12
other inmates were in critical condition.
The results of a public prosecutor's investigation into the October
2007 death of an illegally detained man in Lodja, Kasai Oriental
Province, were not known.
The penal system continued to suffer from severe underfunding, and
most prisons suffered from overcrowding, poor maintenance, and a lack
of sanitation facilities. According to the UNJHRO, almost 80 percent of
inmates were pretrial detainees. Health care and medical attention
remained grossly inadequate and infectious diseases rampant. In rare
cases prison doctors provided care; however, they often lacked
medicines and supplies. In August 2007 the UN Human Rights Council's
independent expert on human rights in the DRC recommended that the
parliament adopt a law to reform the prison system. However, as of
year's end, neither the Government nor the parliament had responded.
Larger prisons sometimes had separate facilities for women and
juveniles, but others generally did not. Male prisoners raped other
prisoners, including men, women, and children. Prison officials held
pretrial detainees together with convicted prisoners and treated both
groups the same. They generally held individuals detained on state
security grounds in special sections. Government security services
often clandestinely transferred such prisoners to secret prisons.
Civilian and military prisons and detention facilities held both
soldiers and civilians.
On June 12, foreign diplomats visited the CPRK, which had a
capacity of 1,500 but held 4,400 detainees and prisoners, almost 400
more than a year earlier. Pretrial detainees accounted for 65 percent
of the CPRK's population. Of the 4,400, 1,864 were military prisoners.
The women's wing housed 130 women and their infant children, who shared
four toilets. The women suffered from frequent skin and vaginal
infections and typhoid. In addition to the infants in the women's wing,
the CPRK housed 64 juveniles. Access to the women's and children's
wings was self-regulated and not secure.
The Kisangani Central Prison, originally built in 1927, was in a
state of disrepair when foreign diplomats visited on December 4. Two
wings of the interior of the prison appeared uninhabitable due to a
collapsed roof and the absence of doors. Originally built for a
capacity of 1,500 prisoners, the prison could only support a few
hundred at the time of the visit. Of the 282 men being held, only 20
had been convicted; the rest were awaiting trial.
Not all the prison staff were being paid. The prison received very
sporadic financial assistance. The prisoners received only three meals
per week, largely through the Catholic Church; most days the prisoners
either had to wait for handouts from relatives, if any lived nearby, or
they did not eat.
A separate room, 20 feet by 15 feet, housed 31 military prisoners.
As in the rest of the prison, there were no beds; prisoners had to
sleep either on a grass mat or the bare concrete floor. Sanitary
conditions were extremely poor, as there were only pit latrines and
open sewer lines. There were no functioning showers. Rooms for civilian
prisoners were more crowded, with 65-70 prisoners sleeping in rooms
that were 15 feet by 30 feet. The medical unit was decrepit and austere
with one box of medicine.
Escapes from Kisangani Central Prison were problematic. The red
brick infrastructure crumbled easily by touch or by a blunt tool.
According to MONUC, fewer than 90 of the country's 230 prisons
actually held prisoners; while there were no reports of the Government
officially closing prisons during the year, dozens of prisons that had
not functioned for years remained closed. In some cases security
personnel who were detained or convicted for serious crimes were
released from prison by military associates or by bribing unpaid
guards. Most prisons were dilapidated or seriously neglected. Prisoners
routinely escaped from prisons in all provinces.
On April 1, 46 inmates escaped from Isiro Central Prison in
Orientale Province after breaking down the main door in the absence of
PNC guards. The escape reportedly was in protest of the
unresponsiveness towards the prisoners' grievances, including lack of
food, inadequate sanitary conditions, and prolonged pretrial detention.
None of the escapees had been recaptured by year's end.
Even harsher conditions prevailed in small detention centers, which
were extremely overcrowded, had no toilets, mattresses, or medical
care, and which provided detainees with insufficient amounts of light,
air, and water. Originally intended to house short-term detainees, they
were often used for lengthy incarceration. They generally operated
without dedicated funding and with minimal regulation or oversight.
Informed sources stated detention center authorities often arbitrarily
beat or tortured detainees. Guards frequently extorted bribes from
family members and NGOs to visit detainees or provide food and other
necessities.
Despite President Kabila's 2006 decision to close illegal jails
operated by the military or other security forces, there were no
reports of illegal jails being closed during the year. According to
MONUC the security services, particularly the intelligence services and
the GR, continued to operate numerous illegal detention facilities
characterized by harsh and life threatening conditions. Authorities
routinely denied family members, friends, and lawyers access to these
illegal facilities.
During the year the UNJHRO confirmed cases of torture in detention
centers run by security services. For example, in April, six inmates in
Musenze Central Prison in Goma, North Kivu, claimed that ANR agents
tortured them in an ANR holding cell from March 29 to April 1, before
transferring them to the prison. UNJHRO officers observed marks on
their bodies that were consistent with their claims.
In October 2007 two ANR agents in Bishile, Katanga Province,
arbitrarily arrested, detained, and subjected a civilian accused of
facilitating prostitution to cruel, inhuman, and degrading treatment.
The victim was admitted to the local hospital in critical condition.
Authorities had taken no action against the ANR agents at year's end.
The law provides that minors may be detained only as a last resort;
however, in part due to the absence of juvenile justice or education
centers, authorities commonly detained minors. Many children endured
pretrial detention without seeing a judge, lawyer, or social worker;
for orphaned children, pretrial detention often continued for months or
years.
In general, the Government allowed the International Committee of
the Red Cross, MONUC, and some NGOs access to all official detention
facilities; however, it did not allow these organizations access to
illegal government-run detention facilities.
On April 21, the ANR denied access by UNJHRO officers to holding
cells in five provinces (Kinshasa, Bas-Congo, North Kivu, Orientale,
and South Kivu), claiming that the directors of the cells were
unavailable. According to the UNJHRO, this type of denial commonly
occurred despite the fact that UN Security Council Resolutions related
to MONUC's mandate state that UN Human Rights Officers are to be
granted immediate and unhindered access to all holding cells and places
of detention.
Armed groups outside central government control sometimes detained
civilians, often for ransom, but little information was available
concerning the conditions of detention (See Section 1.g.).
Authorities took no action during the year against the mwami (local
chief), other traditional leaders, or FARDC soldiers involved in the
arbitrary and inhumane detention and ill-treatment of 57 civilians
accused of witchcraft at the mwami's private residence in Luvungi,
South Kivu Province, for four days in October 2007.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest or detention; however, government security forces arbitrarily
arrested and detained persons.
Role of the Police and Security Apparatus.--The security forces
consist of the PNC, which operates under the Ministry of Interior (MOI)
and has primary responsibility for law enforcement and public order.
The PNC includes the Rapid Intervention Police and the Integrated
Police Unit. The ANR, overseen by the president's national security
advisor, is responsible for internal and external security. Other
agencies include the military intelligence service of the Ministry of
Defense; the Directorate General of Migration (DGM), responsible for
border control; the GR, which reports directly to the presidency; and
the FARDC, which is part of the Ministry of Defense and generally
responsible for external security, but which also carries out an
internal security role.
Security forces generally remained ineffective, lacked training,
received little pay, and suffered from widespread corruption. The
Government prosecuted and disciplined few security forces personnel for
abusing civilians. Impunity in the security forces remained a severe,
widespread problem. Investigating misconduct or abuses by the security
forces is the responsibility of the military justice system. According
to MONUC's Rule of Law Unit, there were a total of 265 investigators,
232 prosecutors, and 125 judges in the military system. However, they
were poorly trained, had little or no resources for investigations, and
limited, if any, access to legal codes.
Members of the FARDC and police continued to commit the majority of
the country's human rights abuses, particularly acts of torture,
according to MONUC. Although the UN independent expert on human rights
in the DRC recommended in August 2007 that the Government undertake
fundamental security sector reform, including the development of
mechanisms to effectively reduce impunity and end widespread sexual
violence, the Government had not undertaken significant steps by year's
end. For example, it had yet to establish a vetting system for members
of the security forces aimed at suspending officers who had committed
past human rights abuses.
However, in August the Government established joint military
oversight committees with MONUC in several provinces. They were
composed of military officers, military magistrates, MONUC human rights
officers, and MONUC child protection officers. They met monthly to
monitor, investigate, and develop strategies to combat sexual violence
and other human rights abuses. Their effectiveness remained unclear at
year's end.
FARDC naval forces in Equateur Province regularly engaged in
illegal taxation and harassment of traders along the Congo River. They
set up checkpoints to collect ``taxes,'' often arresting individuals
who could not pay the demanded bribes, and stole whatever food and
money they could from them.
During the year the Government continued to cooperate with MONUC
and international donors on police training programs.
Arrest and Detention.--By law, arrests for offenses punishable by
more than six months' imprisonment require warrants. Detainees must
appear before a magistrate within 48 hours. Authorities must inform
those arrested of their rights and the reason for their arrest, and may
not arrest a family member instead of the individual being sought. They
may not arrest individuals for non-felony offenses, such as debt and
civil offenses. Authorities must allow arrested individuals to contact
their families and consult with attorneys. In practice security
officials routinely violated all of these requirements.
Prolonged pretrial detention, often ranging from months to years,
remained a problem. Trial delays were due to factors such as judicial
inefficiency, corruption, financial constraints, and staff shortages.
Prison officials often held individuals after their sentences had
expired due to disorganization, judicial inefficiency, or corruption.
Government security forces sometimes used the pretext of state
security to arbitrarily arrest individuals and frequently held those
arrested on such grounds without charging them, presenting them with
evidence, allowing them access to a lawyer, or following other aspects
of due process.
Police often arbitrarily arrested and detained persons without
filing charges, often to extort money from family members. Authorities
rarely pressed charges in a timely manner and often created contrived
or overly vague charges. No functioning bail system existed, and
detainees had little access to legal counsel if unable to pay.
Authorities often held suspects in incommunicado detention and refused
to acknowledge their detention.
According to the UNJHRO, on January 4, a FARDC soldier attached to
the Office of the Military Prosecutor arbitrarily arrested a woman in
Bandundu, Bandundu Province, in place of her son. She paid 14,000
Congolese francs (approximately $28) for her release. Military
authorities took no action against the perpetrator.
On February 28, the military prosecutor of Kolwezi, Katanga
Province, arrested and detained a woman and her one-year-old baby,
since she was the sister-in-law of the owner of a residence that the
prosecutor tried to occupy illegally the day before. He released them
the same day. Authorities took no action against the prosecutor.
In March the commander of the Karawa police station in Equateur
Province arrested and detained a man for attempted arson. The commander
later illegally took the man from the PNC holding cell and locked him
up in his private residence because the victim refused to pay him a
bribe. Over a three-month period, the commander unlawfully detained and
mistreated the man in his home, which resulted in his death on July 8.
The commander admitted the charge of unlawful detention before the
military prosecutor, but rejected the accusation of causing his death.
A trial date had not been set by year's end.
On May 3, the vice minister of human rights visited the CPRK
prison, and after noting that 174 inmates were illegally detained, he
ordered the immediate release of 40 of them. According to the UNJHRO,
on July 25, authorities released 116 of the remaining 134 inmates after
determining that they were illegally detained for political/security
reasons. The fate of the remaining 18 prisoners was not known at year's
end.
In January 2007 the district police inspector of Buta, Orientale
Province, arrested the wife of a judicial investigator, alleging that
the investigator was inciting the population against the police.
According to the UNJHRO, the inspector released the investigator's wife
after three days of detention and took the investigator into custody.
The inspector released the investigator after having him tortured and
after his family paid a large sum of money. No action was taken against
the inspector.
Security personnel detained perceived opponents and critics of the
Government during the year (See Section 2.a).
The Goma peace accords envisioned a general amnesty for acts of war
and insurrection committed in North and South Kivu by groups that
signed the accords, covering the period from June 2003 to the date of
the promulgation of the amnesty. The amnesty bill had not been passed
by the parliament by year's end. The proposed amnesty bill specifically
excluded war crimes, crimes against humanity, and genocide.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; in practice, judges who were poorly compensated,
remained subject to influence and coercion by officials and other
influential individuals.
For example, on February 9, while the laws to create new
constitutionally mandated judicial institutions were under
parliamentary consideration, the president began to reorganize the
judiciary. President Kabila signed seven presidential decrees
throughout February appointing 28 new magistrates, most notably a new
chief justice of the Supreme Court and prosecutor general, and forced
into retirement 89 other magistrates, despite a severe shortage of
judges. The new magistrates were appointed to positions beyond their
qualifications. According to the UNJHRO, the Magistrates' Union staged
a one-week strike to protest the alleged unconstitutionality of these
decrees.
In April the UNJHRO observed that high-ranking military officers in
North and South Kivu provinces were adjudicating cases in which their
own soldiers were implicated. Their alleged interference resulted in
several out-of-court settlements regarding rape cases. For example, a
FARDC commander in Muhangi, North Kivu Province, admitted having
facilitated an out-of-court settlement involving the April 6 rape of a
14-year-old girl by a FARDC warrant officer.
Despite investigations launched by authorities late in 2007, no
action was taken during the year against General Jean-Claude Kifwa,
commander of the 9th Military Region and a cousin of President Kabila,
and his security detail for arresting and severely beating two military
magistrates in Kisangani, Orientale Province, in September 2007. They
allegedly arrested the magistrates for objecting to two pending cases
being tried in the military instead of the civilian court system.
Judicial corruption remained pervasive, particularly among
magistrates. The judicial system was funded with less than one percent
of the national budget and was poorly staffed, with a very limited
presence outside of Kinshasa. There were only 2,000 magistrates (judges
who serve in the lowest level courts) serving the entire population
(one magistrate for every 30,000 citizens), and two-thirds of them were
located in Kinshasa, Matadi (Bas-Congo Province), and Lubumbashi
(Katanga Province). There were fewer than 200 courts, of which
approximately 50 were functioning during the year. In rural areas,
where there were often no courts within a 310-mile radius, justice was
administered on an ad hoc basis by any available authority, creating
extraordinary opportunities for corruption and abuse of power. During
the year some observers asserted that members of both the executive and
legislative branches were content to keep the judiciary weak and
ineffective because it protected their power and allowed them to engage
in corruption and abuse of power without consequence.
Following his assessment mission in March, the UN Human Rights
Council's independent expert on human rights in the DRC highlighted the
lack of judicial capacity and the continuing human rights abuses,
particularly sexual violence, and called for an end to impunity through
``any provision to provide the judicial system with adequate salaries,
equipment, and staff.'' The independent expert stated there were as
many as 14,200 cases of rapes registered in provincial health centers
from 2005-07, of which only 287 were taken to trial. In addition,
according to the UNJHRO, despite strengthened laws on sexual violence
in recent years, ``law enforcement personnel and magistrates continue
to treat rape and sexual violence in general with a marked lack of
seriousness. Consequently, men accused of rape are often granted bail
or given relatively light sentences, and out-of-court settlements of
sexual violence cases are widespread.'' However, during the year the
Government cooperated with the UN and other donor nations to train
civil and military judges in methods to effectively adjudicate rape
cases.
The civilian judicial system, including lower courts, appellate
courts, the Supreme Court, and the Court of State Security, failed to
dispense justice consistently and was widely disparaged by the
international community and Congolese citizens as ineffective and
corrupt.
The 2006 constitution laid the foundation for an independent
judiciary by removing previous presidential powers to appoint and
remove magistrates. The Supreme Court's functions are also divided into
a Constitutional Court, Appeals Court, High Council of Magistrates
(CSM), and Administrative Oversight Agency. In July parliament passed
the necessary legislation to create the new CSM. President Kabila
promulgated the legislation in August. By law, the CSM was to have
adopted internal rules of procedure within 30 days; this was delayed,
in part, because no government funds had been received since September.
By year's end the new body was not fully operational.
Military courts, which had broad discretion in sentencing and
provided no appeal to civilian courts, tried military as well as
civilian defendants during the year. The military code of justice, in
place prior to the adoption of the present constitution, continued in
force. It prescribed trial by military courts of all cases involving
state security and firearms, whether the defendants were military or
civilian. In August 2007 the UN's resident expert on human rights
recommended that the Government establish a clearer separation between
civilian and military jurisdictions. No action was taken by parliament
during the year to address this.
Trial Procedures.--As provided for in the constitution, defendants
enjoy a presumption of innocence until proven guilty. However, in
practice most detainees were treated as already having been convicted
by authorities. Although the Government permitted, and in some cases
provided, legal counsel, lawyers often did not have free access to
defendants. The public could attend trials only at the discretion of
the presiding judge. Juries are not used. During trials defendants have
the right to be present and to be provided a defense attorney. However,
in practice these rights were not always respected. Defendants have the
right to appeal in most cases except those involving national security,
armed robbery, and smuggling, which the Court of State Security
generally adjudicates. Defendants have the right to confront and
question witnesses against them and can present evidence and witnesses
in their own defense. The law requires that defendants have access to
government-held evidence, but this was not always observed in practice.
There were no reports of women or specific ethnic groups being
systematically denied these rights.
In the appeal trial concerning the murder of local journalist Serge
Maheshe, which lasted from February to May, the UNJHRO observed the
persistent violation of the rights of the main defendants. The Bukavu
Military Court continuously failed to provide interpreters to the
defendants, refused to investigate leads and evidence exculpatory for
the defendants, including refusing to seek a ballistic test for the
weapon allegedly used in the murder, and repeatedly denied equity and
neutrality in the allocation of time to the parties to present their
cases.
Political Prisoners and Detainees.--There were reports of political
prisoners and detainees, and HRW estimated that there were at least 200
political prisoners in detention at the end of the year. The Government
sometimes permitted access to political prisoners by international
human rights organizations.
According to MONUC, by year's end authorities had released each of
the 200 detainees who had been arrested and detained by security forces
following fighting in Kinshasa between forces loyal to President Kabila
and Senator Bemba in March 2007 (See Section 1.a.).
On October 2, the Kinshasa/Gombe Military Court reduced the 20-year
sentence of Fernando Kutino to 10 years in prison following the end of
his appeal trial. After Kutino criticized President Kabila in a radio
broadcast, a military tribunal convicted him and two colleagues in
2006, following a trial that reportedly used evidence obtained through
torture, according to informed sources.
Civil Judicial Procedures.--Civil courts exist for lawsuits and
other disputes, but the public widely viewed them as corrupt. The party
willing to pay the higher bribe was generally believed to receive
decisions in its favor. Most individuals could not afford the often
prohibitive fees associated with filing a civil case. While the law
stipulates access to free legal counsel for citizens in civil trials,
in practice, magistrates remained overburdened by large caseloads in
areas outside of Kinshasa. It was difficult to retain the continued
services of lawyers, who often spent minimal time outside of the
capital. No civil court exists specifically to address human rights
violations.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits arbitrary interference with privacy,
family, home, or correspondence; however, security forces routinely
ignored these provisions. Soldiers, demobilized soldiers, deserters,
and police continued to harass and rob civilians. Security forces
routinely ignored legal requirements and entered and searched homes or
vehicles without warrants. In general those responsible for such acts
remained unidentified and unpunished. Security forces sometimes looted
homes, businesses, and schools.
On July 8, two police officers reportedly broke into the home of a
man in Mbuji-Mayi, Kasai Oriental Province, to arrest him for a pending
debt. They severely beat the man's son for trying to stop them and for
asking for a search warrant. Authorities had taken no action against
the soldiers by year's end.
Authorities at times arrested or beat a relative or associate of a
person they sought to arrest (See Section 1.d.).
Armed groups operating outside government control in the east
routinely subjected civilians to arbitrary interference with privacy,
family, home, and correspondence (See Section 1.g.).
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Internal conflict continued in rural and mineral-rich parts of the
east, particularly in North Kivu Province, and to a lesser degree,
South Kivu Province and the Ituri District of Orientale Province.
Despite the signing of the Goma peace accords in January, in which more
than 20 rebel groups agreed to withdraw and disarm, fighting continued
throughout the year, including a major intensification beginning in
late August. According to a countrywide International Rescue Committee
mortality survey released in January, conflict and related humanitarian
crises, including the destruction and deterioration of essential
infrastructure such as health centers, continued to result in as many
as 45,000 deaths each month.
Military preparations during the year, and the fighting itself, led
to further depredations against civilians by members of security forces
and armed groups, led to further recruitment of child soldiers and
dozens of attacks on humanitarian groups, and temporarily halted
humanitarian aid to many of North Kivu Province's displaced persons.
Following a late August skirmish in the Rutshuru territory of North
Kivu Province, large scale hostilities broke out on several fronts in
Rutshuru and neighboring Masisi territories, pitting the FARDC, FDLR,
and local self-defense militia known as Mai-Mai, including the
Congolese Patriotic Resistance (PARECO), against the National Congress
for the Defense of the People (CNDP), led by former FARDC general
Nkunda, a self-proclaimed defender of the country's Tutsi minority and
a former officer of the Rwanda-backed Congolese Rally for Democracy
rebel group (RCD). This escalation of fighting in North Kivu Province
internally displaced 250,000 persons between August and year's end and
generated 40,000 refugees who fled into neighboring Uganda. More than
17,000 MONUC peacekeepers, including 6,100 in North Kivu, 3,500 in
South Kivu, and 3,700 in Ituri District of Orientale Province,
continued to provide logistical support and training to the FARDC. In
December the UN Security Council extended MONUC's mandate until
December 31, 2009, and approved more than 3,000 additional peacekeeping
soldiers and police for the mission.
Security forces and armed groups continued to kill, abduct,
torture, and rape civilians, and burn and destroy villages. All parties
continued to use mass rape and sexual violence with impunity, often as
weapons of war, and to humiliate and punish individuals, victims,
families, and communities. According to a report released in July by a
coalition of 64 international and local aid agencies and human rights
organizations, more than 2,200 cases of rape were recorded in June in
North Kivu Province, which represented only a small portion of the
actual rapes committed in the province. Rapes, on occasion, committed
against a single woman by large numbers of armed men, sometimes
resulted in vaginal fistulas, a rupture of vaginal tissue that left
victims unable to control bodily functions and likely to be ostracized.
According to a report released in November by the UN Secretary-
General, there continued to be 3,500 children in the ranks of all armed
groups and in a few units of government security forces in the east,
with the overwhelming majority of them found in armed groups, serving
as combatants, porters, spies, and sex slaves. Despite their
commitments given at the January Goma peace conference to immediately
demobilize children, armed groups continued to actively recruit child
soldiers into their ranks, and child protection agencies reported a
surge in forcible recruitment of children in North Kivu Province by
armed groups in November, particularly by the CNDP and Mai-Mai.
According to a September Amnesty International report, for every two
children demobilized, five were recruited. While there were a few
reports of child recruitment during the year by a nonintegrated FARDC
brigade, most reports indicated that the FARDC was no longer
systematically recruiting children. UN officials estimated that between
200 and 300 children remained within the FARDC's nonintegrated
brigades, particularly in the 81st and 85th brigades.
Since 2004 more than 31,000 children have been released from the
FARDC and rebel groups. However, in addition to the estimated 3,500
children being held by armed groups and a few FARDC units before the
escalation of violence in August, many of the 2,200 child soldiers
demobilized and reunited with their families during the year were re-
recruited by armed groups, according to Save the Children.
Fighting between the FARDC and armed groups continued to displace
populations and limit humanitarian access to conflict areas. According
to the Office of the UN High Commissioner for Refugees (UNHCR), at
year's end there were more than 1.4 million internally displaced
persons, including 1 million in North Kivu Province and more than
100,000 in Orientale Province.
In the provinces of North and South Kivu, the illegal exploitation
of natural resources-including cassiterite (a tin oxide) and columbite-
tantalite (or coltan), both of which were used in the global
electronics industry-by some FARDC units and armed groups such as the
FDLR, CNDP, and PARECO-continued to prolong the conflict, facilitate
the purchase of small arms to commit abuses, and reduce government
revenues needed for increasing security and rebuilding the country. The
FARDC, particularly the 85th Nonintegrated Brigade in North Kivu
Province, and FDLR forces in both Kivu provinces forced civilians to
work for them or relinquish their mineral production and extorted
illegal taxes, according to international NGO, Global Witness. During
the year, a UN Group of Experts charged with investigating violations
of the international arms embargo concerning armed groups in the DRC
collected credible evidence of the large-scale smuggling of minerals
such as gold and cassiterite to neighboring countries. The group of
experts recommended that exporters and consumers of Congolese mineral
products publicly disclose evidence that would demonstrate that they
were not knowingly purchasing materials that were benefiting armed
groups or government security forces engaged in illegal mineral
exploitation, and that donor nations develop a map of mineral rich
zones and make it public to ``remove the excuse'' that companies were
unaware of which areas were controlled by armed groups.
At times, verification of reported abuses in the east was difficult
due to geographical remoteness and hazardous security conditions;
however, MONUC's presence allowed observers to gather more information
than would have otherwise been possible.
Abuses by Government Security Forces.--Government security forces
arrested, illegally detained, raped, tortured, and summarily executed
or otherwise killed civilians and looted villages during military
actions against armed groups during the year, according to reports by
UN agencies and NGOs. Members of the FARDC 13th Integrated Brigade were
responsible for the disappearance of at least six civilians and the
arbitrary execution of at least one civilian during January operations
against the Patriotic Resistance Forces of Ituri (FRPI) in Kamatsi,
Orientale Province, according to a UNJHRO investigative team. Military
authorities had not taken any action by year's end.
On January 2, according to the UNJHRO, members of the FARDC 2nd
Integrated Brigade killed eight civilians, including three children, in
the village of Musezero, North Kivu Province. The military prosecutor
sought MONUC's assistance in conducting an investigation into the
killings, but at year's end authorities had taken no action.
According to Radio Okapi, on October 29, during their retreat in
front of encroaching CNDP rebels, dozens of FARDC soldiers in Goma,
North Kivu, committed serious abuses against the local populations,
including killing nine civilians, raping three girls, and pillaging
numerous homes, stores, and restaurants. In November the military
prosecutor in Goma arrested 24 soldiers for their alleged participation
in said crimes. As of year's end, a trial date had not been set.
According to MONUC officials, on November 7, a group of FARDC
soldiers tried to extort money and cell phones from a group of off-duty
Senegalese UN peacekeepers in Goma. An argument ensued and one of the
FARDC soldiers fatally shot a Senegalese peacekeeper. There was no
reported action taken against the FARDC gunman or any of the soldiers.
There were no reports of authorities taking any action against two
FARDC corporals of the 24th Integrated Battalion who the Office of the
Military Prosecutor determined to be responsible for the arbitrary
execution of two civilians in the area of a market northeast of Beni,
North Kivu Province, in September 2007.
In November 2007 a FARDC soldier of the 7th Integrated Brigade
allegedly shot and killed a civilian in Kabaya, North Kivu Province,
following an argument. Military authorities arrested the soldier, but
it was not known whether the military prosecutor had brought the case
to trial by year's end.
The FARDC also continued to subject civilians to physical abuse and
arbitrary arrest in the east. For example, from June 20-22, the UNJHRO
investigated reports of human rights abuses committed by FARDC elements
engaged in fighting the Mai-Mai in Orientale Province. They were
accused of rape, looting, and ill-treatment of the civilian population.
Witnesses said that many FARDC elements deserted their units in
reaction to fierce resistance from Mai-Mai combatants and subsequently
went on a rampage in nearby villages, carrying out reprisal attacks
against the local residents. Nine women claimed that they were gang-
raped by four FARDC soldiers. Authorities took no action against the
soldiers.
By year's end, despite receiving a formal complaint from victims,
the Office of the Military Prosecutor in Kalemie, Katanga Province, had
taken no action against 25 FARDC soldiers of the 67th Integrated
Brigade who subjected 92 civilians in the village of Kahese, Katanga
Province, to cruel, inhuman, and degrading treatment as well as
extortion in October 2007.
There was no information on the status of four individuals
arbitrarily arrested and illegally detained by the ANR in November 2007
in Goma, North Kivu Province, for allegedly collaborating with the
CNDP.
Rape by members of security forces remained a serious problem, and
perpetrators enjoyed almost total impunity. In July a FARDC soldier of
the 14th Integrated Brigade arrested and raped a woman suspected of
collaborating with the FDLR, according to the UNJHRO. The commanding
officer of the perpetrator offered the victim 5,000 Congolese francs
(approximately $10) to settle the matter. The perpetrator was not
prosecuted.
The FARDC 7th and 15th integrated brigades raped at least 10 women
while retreating amid combat operations in the Ruthsuru villages of
Kibirizi and Nyanzale in North Kivu Province between September and
year's end. There were no reports of authorities taking action against
the soldiers.
Between August 22-28, FARDC soldiers from the 131st Battalion of
the 13th Integrated Brigade raped seven women in the village of the
Lubero territory of North Kivu Province. There were no reports of
authorities taking action against the soldiers.
No action was taken against FARDC soldiers of the 2nd Integrated
Brigade in Vuyinga, North Kivu Province, who committed a series of
rapes during April 2007.
The use and treatment of child soldiers by FARDC elements remained
a problem. In a report released in December, the UN Group of Experts
presented evidence that the 85th Nonintegrated Brigade recruited
children into its ranks shortly after having facilitated the release of
30 children in May. In addition, the UN Group of Experts and MONUC
Child Protection expressed concern about frequent reports of the
prolonged detention of children at detention centers following their
separation from armed groups; the group noted that this practice often
involved the interrogation of children and inhumane treatment.
Abuses by FARDC Mixed Brigades.--Many human rights violations were
committed in 2007 by five ``mixed brigades,'' created when former FARDC
general Nkunda, based in North Kivu Province, agreed in late 2006 to
``mix'' his troops with pro-government troops in North Kivu, before the
agreement collapsed in August 2007. Nkunda remained subject to a 2005
Congolese arrest warrant for alleged war crimes and crimes against
humanity committed since 2002.
FARDC mixed brigades in North Kivu Province, notably Bravo Brigade,
based in Rutshuru territory, and Charlie Brigade, based in Masisi
territory, killed civilians during 2007. The Government took no action
during the year against any of the soldiers in the mixed brigades
responsible for killings in 2007, largely because most of them
subsequently joined the CNDP following the disintegration of the mixed
brigades and remained outside government control.
Some mixed brigade commanders recruited or tolerated the use of
children as soldiers during 2007. These commanders included Colonel
Faustin of Delta Brigade, deputy commander Colonel Baudouin of Charlie
Brigade, former Ituri District militia leader Bosco Ntaganda, Bravo
commander Colonel Sultani Makenga and Lieutenant Colonel Mulomba. Since
they all subsequently joined the CNDP, the Government was not able to
take any action against them.
Abuses by Armed Groups Outside Central Government Control.--Illegal
armed groups committed numerous serious abuses, especially in rural
areas of North and South Kivu provinces during the year. Such groups,
which were believed to have approximately 20,000 combatants, killed,
raped, and tortured civilians, often as retribution for alleged
collaboration with government forces.
Armed groups maintained and recruited child soldiers, including by
force, sometimes from schools and churches, and sometimes killed,
threatened, and harassed humanitarian workers. According to the
December report by the UN Group of Experts, the most active commanders
responsible for recruitment of child soldiers belong to the CNDP
(Innocent Kabundi, Sultani Makenga, Nkunda, and Ntaganda) and PARECO
(its North Kivu commander, Mugabo).
Many armed groups abducted men, women, and children and compelled
them to transport looted goods for long distances without pay. On
occasion, armed groups also forced civilians to mine. Armed groups
forced women and children to provide household labor or sexual services
for periods ranging from several days to several months.
Armed groups in parts of the east sometimes detained civilians,
often for ransom. They continued to loot, extort, and illegally tax
civilians in areas they occupied.
There were no credible attempts by armed groups to investigate
abuses allegedly committed by their fighters.
National Congress for the Defense of the People (CNDP).--Forces
loyal to former FARDC general Nkunda, believed to number between 4,000
and 7,000 combatants, continued to commit serious abuses in North Kivu
Province following the disintegration of the mixed brigades in 2007. On
October 2, Nkunda publicly announced that the CNDP had organized itself
as the Movement of Total Liberation of the Republic and withdrew from
the Amani process while declaring it dead. According to MONUC, there
were frequent reports of beatings, abductions, forced displacement,
extortion at road blocks, looting, and forced labor in territories
controlled by the CNDP, including the forced recruitment of child
soldiers. There were also reports of killing and rape by the CNDP. No
action was taken against CNDP combatants for any of their human rights
abuses.
On January 16-17, CNDP elements arbitrarily executed at least 30
civilians, all of whom belonged to the Hutu ethnic group, in the
vicinity of Kalonge, North Kivu Province, according to a UNJHRO
investigative team. CNDP soldiers executed them using firearms,
machetes, and hammers before dumping the bodies into several mass
graves. A likely motive for the killings is that the victims had left a
CNDP-held area to seek refuge in an area controlled by PARECO.
According to the UN Group of Experts on the DRC, in August and
September there were credible eye-witness reports that three children
who attempted to flee a CNDP military camp under the command of CNDP
Colonel Sultani Makenga were summarily executed during August and
September.
Between November 4 and 6, fighting in the North Kivu town of
Kiwanja, 50 miles north of Goma, between the CNDP and local Mai-Mai
resulted in the deaths of several civilians. By year's end estimates
ranged from at least 50 to 200, but MONUC had not released the results
of its investigation. According to reports by international human
rights and aid organizations and international media, the majority of
civilian victims were killed by CNDP combatants, including several days
after the fighting ended, all in reprisal against those deemed by the
CNDP to be collaborating with Mai-Mai militia. In addition the CNDP
summarily executed 20 civilians in Kiwanja for refusing to carry water
for CNDP combatants, according to one international NGO.
On December 16, an unidentified armed group in CNDP-held territory
in Rutshuru, North Kivu Province fired upon the convoy of the child
protection NGO Voluntary Association for International Service, killing
an Italian aid worker and seriously wounding the driver. Afterward,
MONUC called on the CNDP to cease committing human rights abuses and
stated that the killing could be regarded as a war crime or crime
against humanity; however, no action was taken against those
responsible.
On January 31, 15 CNDP soldiers abducted 15 civilians from
Kitchanga, North Kivu Province, and forced them to carry their
belongings to Bwiza, three kilometers away. The soldiers allegedly
mutilated the genitals of one of the victims after they discovered that
he had a demobilization identification card in his pocket and accused
him of not wanting to be recruited by the CNDP.
On April 20, CNDP elements arbitrarily arrested and illegally
detained four civilians in Karuba, North Kivu. The soldiers allegedly
beat them during their interrogation and transfer to a CNDP holding
cell in Mushake. According to the UNJHRO, the CNDP has refused to hand
over the victims to authorities, claiming that the cases will be
adjudicated by CNDP judicial police officers. The victims' statuses
were not known at year's end.
According to HRW, during its takeover of Rutshuru and Kiwanja in
October and November, CNDP soldiers raped at least 16 women and girls.
Along with the killings, the rapes appeared to be in retribution for
alleged aid given to CNDP enemies.
According to the December report of the UN Group of Experts, there
were several cases during the year of aggressive and forcible
recruitment of children by the CNDP, including from schools and
churches, for use as combatants, bodyguards, and porters. CNDP
recruitment intensified in September, particularly in the Masisi
territory of North Kivu Province. In October, 16 children reportedly
sought protection at the bases of a MONUC brigade to avoid CNDP
recruiters near the town of Mushaki before being relocated by MONUC.
There were no actions taken against pro-Nkunda forces who committed
abuses, including killings and rape, in 2007.
The Democratic Forces for the Liberation of Rwanda (FDLR)
The FDLR continued to be led by individuals responsible for
fomenting and implementing the Rwandan genocide. Between 6,000 and
8,000 FDLR fighters remained in the provinces of North and South Kivu.
According to MONUC, 1,367 FDLR members opted to voluntarily demobilize
and return to Rwanda in 2008, representing a sizable increase over the
800 who did so in 2007. According to the December report by the UN
Group of Experts, there was strong evidence that the FARDC collaborated
with the FDLR, including through the provision of military equipment
and in joint operations against the CNDP, despite the November 2007
Nairobi communique signed by the Congolese and Rwandan governments,
which called for military engagement against the FDLR by September.
FDLR fighters continued to commit abuses against civilians,
including killings, abductions, and rapes. On January 24, FDLR troops
shot and killed the village chief of Kilali, North Kivu. FDLR had
accused him of providing information on their location to the FARDC
85th Nonintegrated Brigade. According to the UNJHRO, military
authorities arrested three of the alleged perpetrators but had not
prosecuted them by year's end.
According to the UNJHRO, on March 15, FDLR combatants arbitrarily
executed three civilians in Tchanishasha, South Kivu Province. No
action had been taken against them by year's end.
The UNJHRO reported that on March 27, FDLR forces allegedly killed
three residents of Kabunga, North Kivu, whom they accused of poisoning
their commander and practicing witchcraft. No action had been taken
against them by year's end.
The FDLR took no credible action to investigate or address human
rights abuses allegedly committed by its members.
Ituri District Militia Groups.--Following the signing of a 2006
cease-fire agreement between militias in the Ituri District of
Orientale Province, including the Front for National Integration (FNI),
the Congolese Revolutionary Movement, the Front for Patriotic
Resistance in Ituri (FRPI), and the Government, reports of human rights
abuses by Ituri militias decreased in 2007, as a process of
disarmament, demobilization, and reintegration for former combatants
began to be implemented. However, during the year abuses by Ituri
District militias appeared to increase again; first, in isolated
incidences; and then, in a more organized manner. On January 4 and 5,
FNI combatants attacked villages in and around Lalo and Djurukidogo in
Ituri District. According to a UNJHRO investigation, FNI combatants
burned two children to death, kidnapped the chief of Djurukidogo and a
15-year-old girl, subjected two men to cruel and inhumane treatment,
and looted nine villages.
According to MONUC, in July a residual group of FRPI members began
attacking the local population of Tchey in Irumu Territory of Oriental
Province, employing acts of violence and looting. In retaliation to an
intensified FARDC counter-insurgency operation in the area, the FRPI
launched a major attack on September 29 against the villages of Tchey,
Quinz, Bulanzabo, and Kodheza, sending hundreds of civilians fleeing
and briefly capturing FARDC camps at Tchey and Quinz.
In October the FRPI commanders contacted MONUC to announce that
they and combatants from the FNI had begun fighting under the banner of
a new group, the Popular Front for Justice in Congo (FPJC). The FPJC
reportedly incorporated a broader ethnic composition, as compared to
the FRPI, which was closely identified with the Ngiti ethnic group.
The UNJHRO reported that on February 6, authorities arrested
Mathieu Ngudjolo, a former senior FNI commander, and transferred him to
the International Criminal Court (ICC) in The Hague. His war crimes and
crimes against humanity charges included murder, sexual slavery, and
using child soldiers in hostilities.
According to the UNJHRO, on April 28 the ICC unsealed an
outstanding arrest warrant against former Ituri warlord Bosco Ntaganda.
The ICC charged him with the enlistment, conscription, and active use
of children in hostilities between July 2002 and December 2003 while he
was the chief of military operations for the Union of Congolese
Patriots. In 2006 he became the chief of staff for the CNDP in North
Kivu. Authorities had not arrested him by year's end.
According to Radio Okapi, the ICC confirmed the charges against
Mathieu Ngudjolo and Germain Katanga on September 26. Their cases were
scheduled to be tried together in 2009.
In October 2007 the Government transferred Germain Katanga, a
former FRPI leader, to the ICC on various charges of war crimes and
crimes against humanity, including killings, using child soldiers, and
forcing women into sexual slavery.
Former Ituri militia leader Thomas Lubanga, whom the Government
surrendered to the ICC in March 2006, remained in custody during the
year. On June 13, the court imposed a stay of the proceedings against
him, since the prosecutor did not share confidential information that
may have contained exculpatory evidence for the defense. On October 21,
the Appeals Chamber confirmed the stay of proceedings, denied Lubanga's
appeal and release, and remanded the evidence sharing question back to
the Trial Chamber. The Trial Chamber's ruling was pending at year's
end.
On February 15, the Kisangani Court of Appeal, citing the 2005
amnesty law, acquitted Yves Kawa Panga Mandro, alias Chief Kawa, a
former Ituri militia leader convicted in 2006 for crimes against
humanity in 2003. According to the UNJHRO, the appeals judge ruled that
the prosecution had made a number of errors in the case. However, Kawa
remained in detention as the military prosecutor-general requested that
he be transferred from the MONUC military facility in Bunia to the CPRK
prison in Kinshasa while the prosecutor appealed the decision of the
appeals court to the High Military Court in Kinshasa.
Mai-Mai.--Various Mai-Mai community-based militia groups in the
provinces of South Kivu, North Kivu, and Katanga continued to commit
abuses against civilians, including killings, abductions, and rapes.
According to the UN Group of Experts on the DRC, the use of children as
soldiers by PARECO and other Mai-Mai groups in North Kivu Province was
endemic.
According to the UNJHRO, on March 1, PARECO combatants allegedly
raped a woman, stabbed a 17-year-old girl, and arbitrarily executed six
other civilians during an attack on Luwuzi, North Kivu Province.
In October 2007 a joint team composed of FARDC, UN, and local
officials investigating allegations of mass rape perpetrated in Lieke
Lesole, Orientale Province, beginning in late July 2007, determined
that a Mai-Mai group led by Colonel Thomas was responsible for 114
cases of rape committed between July and August 2007. On February 21-
22, FARDC soldiers arrested two Mai-Mai combatants for illegal
possession of weapons and ammunition but subsequently discovered that
they were implicated in the Lieke Lesole mass rape. In addition, on
April 22, the Kisangani military prosecutor arrested Colonel Thomas for
his responsibility in orchestrating the mass rape. On May 17,
authorities arrested two more of Thomas' men and brought them to the
Office of the Military Prosecutor. On July 21-26, the UNJHRO conducted
another joint investigative mission with military authorities in Lieke
Lesole, where they took statements from 30 victims of the mass rape,
including eight children. At year's end Thomas and his men remained in
detention at the Kisangani Central Prison awaiting a trial date.
In August 2007 the Kipushi military tribunal in Katanga Province
began the trial of Katanga Mai-Mai leader Gideon for war crimes and
crimes against humanity. At the end of the year, his trial was still
underway. However, according to the UNJHRO, there was a suspension of
the trial since his attorneys were boycotting the court to protest the
arrest of their colleagues (other defense attorneys) in another case.
Clashes between Mai-Mai militia and the FARDC led to population
displacement in North Kivu Province during the year.
Allied Democratic Forces/National Army for the Liberation of Uganda
(ADF/NALU).--MONUC officials said members of ADF/NALU, a Ugandan rebel
group active in northern North Kivu Province, engaged in petty theft
and extortion throughout the year.
Lord's Resistance Army (LRA).--The LRA, which relocated from Uganda
to the DRC's Garamba National Park (Orientale Province) in 2005, was
responsible for killing, raping, and kidnapping hundreds of persons in
the DRC, Central African Republic, and Sudan as it continued to seek
the overthrow of the Ugandan government. The LRA continued to hold
children it had forcibly abducted.
Radio Okapi reported that on February 12, combatants of the LRA
killed three civilians near Doruma, Orientale Province. The LRA also
reportedly killed six civilians in the village of Mukosa, in the Haut
Uele District of Orientale Province, on October 19 while burning and
looting their village.
The LRA continued to attack local villages and forced citizens to
flee in Dungu Territory, Orientale Province. The UNHCR estimated that
there were more than 104,000 internally displaced persons in the
territory by late December. Following the concerted efforts in mid-
December by Ugandan, Congolese, and southern Sudanese military forces
to confront the rebels, the LRA began a new series of attacks on
civilians. The NGO Caritas estimated that the LRA killed more than 400
civilians between December 25 and 29, while HRW estimated a higher
figure of more than 600 killed. The UN Office for the Coordination of
Humanitarian Affairs reported that the largest LRA attack occurred in
Faradje the evening of December 25 with a death toll of 129, 225
persons kidnapped, including 160 children, and 80 women raped.
Abuses by UN Peacekeepers.--A number of sexual exploitation and
abuse cases by MONUC peacekeepers were under investigation. However,
the monthly rate of allegations has declined since 2005.
On August 12, the United Nations Office of Internal Oversight
Services made public the results of an investigation wherein it accused
Indian peacekeepers posted in the DRC in 2007 and the first part of the
year of child abuse, indulging in a child prostitution ring near
Masisi, North Kivu Province, and helping to organize the ring. The
Indian government promised its own thorough investigation and to bring
to justice those found guilty.
On the morning of October 27, violent civil demonstrations against
MONUC began in Goma between the town center and the airport, resulting
in one civilian death outside of a MONUC transit camp, when a soldier
from MONUC's Malawian contingent opened fire in accordance with MONUC
rules of engagement.
There were allegations by international media in April that the UN
ordered a halt to investigations into allegations that, in exchange for
gold, its peacekeepers were arming rebels they were assigned to disarm.
According to the allegations reported in international media, in 2005
some Indian and Pakistani peacekeepers received gold from the FNI and
the FDLR in exchange for weapons in Orientale and North Kivu provinces.
UN officials stated during the year that they had investigated the
allegations in previous years, acknowledged the evidence of limited
gold trading and smuggling by a small number of MONUC personnel, but
did not find evidence of arms trading. MONUC referred the respective
cases to the Governments of India and Pakistan for discipline. It was
not known whether the responsible troops were punished. By the
beginning of the year, the accused peacekeepers were no longer
stationed in the country.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, the Government restricted these
rights in practice. Freedom of the press declined during the year. In
August 2007 the UN's independent expert on human rights in the DRC
recommended that the Government increase its dialogue with the media to
seek ``remedies, when necessary, through the law'' and reduce violence
against the media; however, the Government took no action on the
proposal during the year. The Government intimidated journalists and
publishers into practicing self-censorship.
Generally individuals could privately criticize the Government, its
officials, and private citizens without being subject to official
reprisals. However, on February 8, ANR agents in Goma arbitrarily
arrested and detained a member of the Union for Democracy and Social
Progress/Goma for discussing politics with local citizens. The victim,
who was released on February 13 after the UNJHRO intervened, claimed
that he was subjected to cruel, inhumane, and degrading treatment while
in detention. No action had been taken against the responsible ANR
agents by year's end.
A large and active private press functioned throughout the country,
and the Government licensed a large number of daily newspapers to
publish. The Government required every newspaper to pay a license fee
of 250,000 Congolese francs (approximately $450) and complete several
administrative requirements before publishing. Many journalists lacked
professional training, received little, if any, salary, and were
vulnerable to manipulation by wealthy individuals, government
officials, and politicians who provided cash or other benefits to
encourage certain types of articles. Many newspapers remained critical
of the Government, and many others showed bias toward it or supported
particular political parties. The Government press agency published the
Daily Bulletin that included news reports, decrees, and official
statements.
Radio remained the most important medium of public information due
to limited literacy and the relatively high cost of newspapers and
television. More than 200 privately owned radio and television stations
operated independently. The state owned two radio stations and one
television station, Congolese National Radio-Television (RTNC). The UN
operated Radio Okapi, the only nationwide radio network. The
president's family also owned and operated television station Digital
Congo. Political parties represented in the Government could generally
gain access to RTNC.
During the year security forces did not generally arrest or harass
foreign journalists; however, on April 16, the DGM arrested independent
Belgian journalist Colin del Fosse in Seke-Banza, Bas-Congo, for
allegedly entering mining areas without authorization. The journalist
had informed local authorities that he wanted to investigate the
clashes in March between the BDK and security forces.
Security forces arrested, harassed, intimidated, and beat local
journalists because of their reporting. For example, on January 9,
police in Kinshasa arrested reporter Maurice Kayombo from Les Grand
Enjeux magazine for reporting ``damaging allegations'' against
Christophe Kanionio, secretary-general of the Mining Ministry,
according to the NGO, Reporters Without Borders (RSF). The reporter was
detained for 34 days before the justice minister ordered his release.
On March 7, in the commune of Masina, Kinshasa, ANR agents arrested
and detained Nsimba Embete Ponte, the editor of the Kinshasa biweekly
newspaper L'Interprete, which had recently published a series of
articles about President Kabila's health. On March 29, Tondo Nzovuanga,
Ponte's assistant, was arrested. Ponte and Nzovuanga, who were
initially charged with spreading false rumors, undermining state
security, and insulting the head of state, were held incommunicado for
three months in an ANR building; Ponte claimed he was subjected to
psychological torture. The men were convicted on November 27 by the
Kinshasa/N'Djili Criminal Court for insulting the president and were
sent back to Kinshasa's CPRK prison to serve out the remainder of their
sentences; Ponte was sentenced to 10 months' imprisonment and Nzovuanga
to nine.
On July 10, in Maniema Province, ANR agents raided the privately
owned television station Tele Kindu Maniema and arrested program host
Mila Dipenge and a cameraman; both were released the following day.
Local sources said the raid was ordered by Governor Lingo because
Dipenge allowed criticism of local authorities during broadcasts.
On September 12, police raided the Kinshasa-based television
station Global TV and arrested studio manager Daudet Lukombo, who was
subsequently held incommunicado at Kin-Maziere, special police services
headquarters. According to Journalist in Danger (JED) the raid was
prompted by the station's broadcast the previous day of an interview
with opposition politician Ne Muanda Semi, who blamed the Government
for the conflict with Nkunda's rebels in north Kivu. On October 28, the
Kinshasa/Gombe Criminal Court acquitted him of the charges of
incitement to rebellion, which does not exist in law, and insulting the
head of state.
On November 4, in Kiwanja, North Kivu Province, pro-government Mai-
Mai militiamen kidnapped Belgian journalist Thomas Scheen, his
interpreter Charles Ntiricya, and his driver Roger Bangue. The
militiamen seized their valuables and bound the three men before taking
them to a militia commander. After questioning, the commander allegedly
demanded 444,000 CFA francs (approximately $800) payment to release
them. Unable to pay, the journalist and his colleagues were led 25
miles on foot to a senior Mai-Mai political figure who handed them over
to the army, which released the men to UN peacekeepers on November 7.
On November 19, ANR agents arrested and questioned five journalists
from the privately owned television station Raga TV in Kinshasa; the
five arrests occurred after Raga TV's broadcast of an interview with
Roger Lumbala, an opposition deputy and president of the Rally for
Congolese Democrats and Nationalists. Lumbala had said in the interview
that the replacement of the armed forces chief of staff reflected ``the
state of panic around the head of state.'' The armed men seized the
tape from the evening news bulletin and temporarily shut down the
transmitter. The ANR released the journalists the next day.
On May 21, at the conclusion of an appeals trial, the Bukavu
Military Court in South Kivu Province sentenced three civilians to
death for the June 2007 killing of Radio Okapi editor Serge Maheshe;
two of the three had already received death sentences at the first
trial in August 2007. The court also acquitted two of Maheshe's friends
who were found guilty at the original trial. In September 2007 the
alleged gunmen recanted their accusations against Maheshe's friends,
claiming the military court had bribed them to make the accusations. A
MONUC report released early in the year noted serious irregularities in
the original trial, and local and international press freedom groups
expressed serious concerns over a number of flaws in the appeals trial
(See Section 1.e.).
The whereabouts of Popol Ntula Vita, a reporter for the weekly La
Cite Africaine, remained unknown; Vita went into hiding to avoid arrest
after appealing a February 2007 court sentence of three months for
defamation and ``harmful suppositions'' after he accused four general
tax office employees in Boma of embezzling license plate fees.
No action was taken against security force members responsible for
the following abuses of journalists in 2007: the February beating by a
local police chief of reporter Nelson Thamba of Community Radio Moanda,
and the June shooting by three men in police uniforms of RTNC broadcast
journalist Anne-Marie Kalanga and her brother.
Military authorities took no action against security forces
responsible for the abuse of journalists in 2006.
The National Media Regulatory Commission, a quasigovernmental
organization mandated by the earlier transitional constitution,
continued to operate in the absence of a successor body. Unlike during
the previous year, it did not sanction any media organizations for
broadcasting defamatory comments.
On September 10, Communications and Media Minister Emile Bongeli
signed a decree shutting down five Kinshasa television stations for
failing to submit administrative documents required by the press law.
The decree banned Africa TV, Couleurs TV, Radio Lisanga TV, Business
Radio Television-Africa, and Canal 5. On September 15, JED charged that
the decree provided no legitimate reason for closing the stations and
that the ban was issued to silence the opposition. Africa TV and
Couleurs TV were owned respectively by opposition figures Azarias
Ruberwa and Zahidi Ngoma. Radio Lisanga TV was owned by opposition
Senator Roger Lumbala. On September 16, the communications minister
reauthorized all the stations except Canal 5 to recommence
broadcasting. No additional information was available at year's end.
On December 4, RTNC suspended 12 journalists and a video editor for
broadcasting footage of a demonstration by Congolese citizens living in
Brussels against the fighting in the Kivus, according to RSF. A woman
carrying a placard saying ``Kabila must leave'' could be seen among the
protesters. The journalists were accused of belonging to a ``mysterious
organization with subversive designs.''
During the year national and provincial governments continued to
use criminal defamation and insult laws to intimidate and punish those
critical of the Government.
During the year there were reports that rebels and unidentified
persons killed and threatened journalists.
On November 21, unknown assailants in Bukavu shot and killed Didace
Namujimbo, a journalist for Radio Okapi. On November 27, UN Secretary-
General Ban Ki-moon called for a full investigation.
On May 10, PARECO leader Captain Ndaliko warned a journalist with
RTNC's local affiliate in North Kivu that ``I will kill you before the
International Criminal Court arrests us,'' according to JED. On April
23, RTNC had broadcast an interview with three child soldiers who fled
from PARECO forces in Kirumba, North Kivu.
There were no developments in the August 2007 killing by
unidentified armed men of independent reporter and photographer Patrick
Kikuku in Goma, North Kivu.
Internet Freedom.--The Government did not restrict access to the
Internet or monitor e-mail or Internet chat rooms. Individuals and
groups could engage in the peaceful expression of views via the
Internet, including by e-mail. Private entrepreneurs made Internet
access available at moderate prices through Internet cafes in large
cities throughout the country.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of peaceful assembly;
however, the Government sometimes restricted this right.
The Government required organizers of public events to register
with local authorities in advance; to deny authorization, authorities
must do so in writing within five days of being notified of the planned
event. Security forces often acted against unregistered protests,
marches, or meetings.
During the year security forces occasionally arrested
demonstrators. For example, on February 11, ANR agents arrested and
briefly detained 30 persons following a demonstration at the central
market in Kisangani, Orientale Province, according to the UNJHRO.
No action was taken against security forces responsible for the
January-February 2007 killings of demonstrators in Bas-Congo or the
beatings of 11 journalists who accompanied opposition demonstrators in
October 2007.
Freedom of Association.--The constitution provides for freedom of
association; however, in practice the Government sometimes restricted
this right.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice, provided that worshippers did not disturb public order or
contradict commonly held morals.
The law provides for the establishment and operation of religious
institutions and requires practicing religious groups to register with
the Government; however, unregistered religious groups operated
unhindered. Registration requirements were simple and
nondiscriminatory.
There were no reports that persons were killed, detained, or
imprisoned on the basis of their religion.
Societal Abuses and Discrimination.--The country has a very small
Jewish population, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation; however, the Government sometimes restricted these
rights.
Security forces established barriers and checkpoints on roads, at
ports, airports, and markets, ostensibly for security reasons, and
routinely harassed and extorted money from civilians for supposed
violations, sometimes detaining them until they or a relative paid. The
Government forced travelers to pass through immigration procedures
during domestic travel at airports, ports, and when entering and
leaving towns.
Local authorities continued to extort taxes and fees from boats
traveling on many parts of the Congo River. There were also widespread
reports of FARDC soldiers extorting fees from persons taking goods to
market or traveling between towns.
There were reports of attempts by DGM officials to demand that
foreigners not carrying passports during the year pay fines, even
though the law does not require foreigners to do so.
Security services sometimes required travelers to present official
travel orders from an employer or government official.
The significant risk of rape by soldiers and armed groups, coupled
with government inability to secure eastern territories, effectively
restricted freedom of movement by women in many rural areas,
particularly in the east.
Passport issuance was irregular and often required payment of
substantial bribes. The law requires a married woman to have her
husband's permission to travel outside the country.
The law prohibits forced exile, and the Government generally did
not employ it. Some supporters of Senator and MLC President Bemba, who
left the country under MONUC escort following March 2007 fighting in
Kinshasa with pro-Kabila forces that eliminated his militia as a viable
military force, claimed that he was effectively in self-imposed exile.
On May 24, Belgian authorities arrested Bemba, who was transferred in
July to the ICC in The Hague to face four counts of war crimes and two
counts of crimes against humanity for alleged actions in the Central
African Republic in 2002-03.
Internally Displaced Persons (IDPs).--There were approximately 1.4
million IDPs in the country as a whole; one million of whom were in
North Kivu (See Section 1.g.). According to a November 21 report by the
Internal Displacement Monitoring Center, at least 250,000 IDPs were
displaced after the end of August as a result of fighting between the
army, CNDP rebels, and other armed groups.
The Government did not provide adequate protection or assistance to
IDPs, who were forced to rely heavily on humanitarian organizations.
The Government generally allowed domestic and international
humanitarian organizations to provide assistance to IDPs; however,
limited access and lack of security impeded their efforts. While the
majority of IDPs in North Kivu stayed with relatives and friends, tens
of thousands stayed in 70 ``spontaneous'' IDP sites and 16 IDP camps
managed by international NGOs and coordinated by the UNHCR. An
estimated 120,000 IDPs lived in churches and schools. Displaced women
and children were extremely vulnerable to abuses by armed groups,
including rape and forced recruitment.
IDPs in North Kivu were victims of abuses by all factions engaged
in fighting, including the FARDC, and by other civilians. Abuses in
camps around Goma included killings and death threats, particularly by
demobilized fighters, as well as abduction and rape. According to the
UN Children's Fund (UNICEF), one third of the more than 1,000 women and
girls raped per month in the east were in North Kivu, the majority of
them IDPs. Some IDPs were also reportedly subjected to forced labor
(See Section 1.g.).
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government had established a rudimentary system for providing
protection to refugees. In practice it granted refugee and asylum
status to individuals as necessary and provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened.
The Government provided temporary protection to an undetermined
number of individuals who may not qualify as refugees under the 1951
convention and its 1967 protocol.
The Government cooperated with the UNHCR and other humanitarian
organizations in assisting refugees and asylum seekers with welfare and
safety needs. The Government provided assistance in enabling the safe,
voluntary return of refugees to their homes by allowing their entry
into the country and facilitating their passage through the immigration
system.
Government authorities did not provide adequate security to
refugees.
The UNHCR received reports that CNDP elements were recruiting
children for forced labor or child soldiering in the country from a
camp in Rwanda for Congolese 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 credible presidential, parliamentary, and provincial elections
based on universal suffrage. Presidential and parliamentary elections
in June 2006 and a presidential runoff in October 2006 were judged to
be credible by the Carter Center and the European Union Observer
Mission.
Elections and Political Participation.--The country's 11 new
provincial assemblies chose 108 candidates for five-year terms in the
national Senate in January 2007. The elections took place peacefully
but were marred by credible allegations of vote-buying.
A 2007 law on the status and rights of the political opposition
recognizes opposition parties represented in parliament as well as
those outside it and guarantees their right to participate in political
activities without fear of retribution. During the year political
parties were able to operate most of the time without restriction or
outside interference; however, there were notable exceptions.
Opposition members were sometimes harassed (See Section 2.a.), and in
February and March police killed numerous supporters of the BDK during
violent clashes in Bas-Congo Province and systematically destroyed BDK
meeting places (See Section 1.a.). In addition, an HRW report released
in November, entitled We Will Crush You: The Restriction of Political
Space in the Democratic Republic of the Congo, drew from hundreds of
interviews with government officials, diplomats, political detainees,
and members of civil society between 2006 and 2008 and concluded that
since the 2006 national elections, there have been disturbing signs
that the Government has used violence and intimidation to eliminate its
political opponents and restrict democratic space.
Opposition deputies and senators from the MLC boycotted the
National Assembly, Senate, and Kinshasa Provincial Assembly from July
10 to July 16 to highlight security concerns following the July 6
killing by GR soldiers of Kinshasa Provincial Assembly Vice President
Daniel Botethi (See Section 1.a.).
Women held 42 of 500 seats in the National Assembly and 47 of 690
seats in the provincial assemblies. Five of the 108 senators were
women. Among the 45 government ministers and vice ministers, five were
women.
Many ethnic groups, including Pygmies, were not represented in the
Senate, National Assembly, or provincial assemblies. The lack of
political participation of some ethnic groups may have been a result of
continuing societal discrimination. For example, the enslavement of
Pygmies continued in some areas of the country (See Section 5).
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption. However, the authorities did not
implement the law, as corruption remained endemic throughout the
Government and security forces. The public perceived the Government to
be widely corrupt at all levels. According to the World Bank's 2008
Worldwide Governance Indicators, official corruption was a severe
problem.
Weak financial controls and lack of a functioning judicial system
encouraged officials to engage in corruption with impunity. Many civil
servants, police, and soldiers had not been paid in years, received
irregular salaries, or did not earn enough to support their families,
all of which encouraged corruption. Reports indicated that the mining
sector continued to lose millions of dollars as a result of official
corruption at all levels, including illegal exploitation of minerals by
the FARDC and armed groups in the east (See Section 1.g.).
During the year a government-initiated review of 61 mining
contracts negotiated from 1997-2002 continued to be plagued by both
numerous delays and a lack of transparency. In December the Government
reached new agreements with all but six of the companies under review.
The Government gave these six companies 45 days to return to the
negotiating table or face the possible revocation of their contracts.
The law requires the president and ministers to disclose their
assets to a government committee. President Kabila and all ministers
and vice ministers did so during the year.
There continued to be an Ethics and Anti-Corruption Commission, but
it had little impact during the year and lacked resources,
independence, and credibility. It last convened in November 2007
without any significant results or findings.
Government authorities and wealthy individuals at times used anti-
defamation laws that carry criminal punishments to discourage media
investigation of government corruption (See Section 2.a.).
In February the DRC was accepted as a candidate country in the
Extractive Industries Transparency Initiative (EITI), an international
voluntary initiative designed to improve governance by strengthening
transparency in the extractive industries. To reach the validation
stage of EITI, the country began the process of adopting and
implementing various transparency principles by 2010.
The law does not provide for public access to government-held
information. In practice the Government did not grant access to
government documents for citizens or noncitizens, including foreign
media.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights
organizations investigated and published findings on human rights
cases. However, security forces harassed, beat, intimidated, or
arrested local human rights advocates and NGO workers during the year.
In addition prison officials sometimes obstructed NGO access to
detainees.
The main Kinshasa-based domestic human rights organizations
included ASADHO, Voice of the Voiceless, Committee of Human Rights
Observers, JED, and the Christian Network of Human Rights and Civic
Education Organizations. Prominent organizations operating in areas
outside Kinshasa included Heirs of Justice in Bukavu, Lotus Group in
Kisangani, and Justice Plus in Bunia, Ituri District.
Officials from the Ministries of Justice and Human Rights met with
domestic NGOs and sometimes responded to their inquiries but took no
known actions.
There were reports that NGOs seeking to register had to pay bribes
to local officials to avoid lengthy application requirements.
On January 3, according to the UNJHRO, FARDC soldiers arbitrarily
arrested the president of the local human rights association in
Mambassa, Orientale Province, and detained him until January 10. They
undressed him and repeatedly beat him during his detention, accusing
him of interfering with the functioning of the FARDC. No action was
taken against the soldiers.
On January 6, according to the UNJHRO, the territorial
administrator in Punia, Maniema Province, issued death threats to human
rights activists who had criticized the complicity of local
administrative authorities in the 2002 massacre by RCD combatants of 13
civilians. No action was taken against the administrator.
On March 27, ANR agents threatened a human rights activist in
Tshimbulu, Kasai Occidental Province, when she sought information about
a case of arbitrary arrest and detention. According to the UNJHRO, the
agents allegedly manhandled her and threatened to arrest her if she
ever returned to inquire about other cases.
There were no new developments in cases from 2007 in which human
rights workers received death threats.
No action was taken against the perpetrators of the following cases
from 2007 in which human rights workers were arbitrarily arrested,
detained, or abused: the August arrest and beating of a local NGO
member in the village of Kwasa-Kwasa, Kasai Oriental Province, by three
ANR agents; the September arrest and detention by ANR agents in
Kabamba, Kasai Ocidental Province, of a human rights activist; and the
November arrest and detention in Punia, Maniema Province, of the
president of the civil society association and a local human rights
activist.
The Government generally cooperated with international NGOs that
published reports on human rights and humanitarian issues and permitted
their investigators access to conflict areas. Unlike in the previous
year, there were no reports that security force members threatened
members of international organizations.
The Government cooperated with multilateral organizations and
permitted international humanitarian agencies access to conflict areas,
except for access to certain prisons located in these areas. A number
of senior UN officials visited the country during the year, including
UN Special Envoy Olusegun Obasanjo, UN Under-Secretary-General for
Peacekeeping Alain Le Roy, Representative of the UN Secretary-General
on the Rights of IDPs Walter Kalin, the UN Independent Expert on Human
Rights Titinga Pacere, and a delegation of UN Security Council
ambassadors.
UN officials freely criticized actions by the Government during the
year. During the first half of the year, the UN Human Rights Council's
independent expert on human rights in the DRC expressed concern over
the extent of impunity for human rights abuses and made recommendations
to the Government (See Section 1.e.).
On March 27, the UN Human Rights Council decided not to renew the
mandate of the Independent Expert (IE) on the situation of human rights
in the DRC that was established in 2004. Prior to this decision, on
March 19, Frederic Titinga Pacere, the IE, had presented a report on
his last two working visits to the country (November 2007 and March
2008). The Government opposed the renewal of the IE's mandate because
of perceived overwhelming criticism and lack of proposed solutions and
technical assistance on the part of the IE.
A November report by the UN Group of Experts on the DRC presented
evidence of abuses committed by government security forces and armed
groups in the east, presented evidence that the Congolese and Rwandan
governments provided support for armed groups in the east, and made
several recommendations, including some relating to the illegal
exploitation of resources (See Section 1.g.).
During the year the Government cooperated with the ICC, which
continued investigations into war crimes and crimes against humanity
committed in the country since June 2003.
The Government continued to cooperate with the International
Criminal Tribunal for Rwanda, which operated freely in areas under
government control, seeking several individuals indicted for
involvement in the 1994 Rwandan genocide who they believed might be in
the DRC. However, no arrests were made during the year.
No action was taken against ANR agents who in July 2007 subjected
two MONUC human rights officers in Uvira, South Kivu Province, to death
threats, physical abuse, and expulsion during a joint monitoring visit
to ANR holding cells.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on ethnicity,
gender, or religion; however, the Government did not enforce these
prohibitions effectively, in part because it lacked appropriate
institutions.
Women.--The law criminalizes rape, but the Government did not
effectively enforce this law, and rape was common throughout the
country and especially pervasive in areas of conflict in the east.
According to UNICEF, more than 1,000 women and girls were raped each
month in the east (See Section 1.g.). Legislation enacted in 2006
broadened the scope of the law that defines rape to include male
victims, sexual slavery, sexual harassment, forced pregnancy, and other
sexual crimes not previously covered by law. It also increased
penalties for sexual violence, prohibits compromise fines and forced
marriage, allows victims of sexual violence to waive appearance in
court, and permits closed hearings to protect confidentiality. In
addition, it raised the age of consent to 18, creating a discrepancy
with the family code by exceeding the current allowable age of
marriage. The minimum penalty prescribed for rape is a prison sentence
of five years.
Government security forces, armed groups, and civilians perpetrated
widespread and sometimes mass rape against women and girls (See Section
1.g.).
Prosecutions for rape and other types of sexual violence remained
rare. Both victims and the UN Human Rights Council's special rapporteur
on violence against women cited widespread impunity as the main reason
for sexual violence. Most victims did not have sufficient confidence in
the justice system to pursue formal legal action or feared subjecting
themselves to further humiliation and possible reprisal.
It was common for family members to pressure a rape victim to keep
quiet, even to health care professionals, to safeguard the reputations
of the victim and her family.
Victims of gender-based violence faced an enormous social stigma.
After a sexual assault, many young women and girls were often labeled
as unsuitable for marriage and married women were frequently abandoned
by the husbands.
Some families forced rape victims to marry the men who raped them
or to forego prosecution in exchange for money or goods from the
rapist.
Domestic violence against women occurred throughout the country;
however, there were no statistics available regarding its extent.
Although the law considers assault a crime, it does not specifically
address spousal abuse, and police rarely intervened in domestic
disputes. There were no reports of judicial authorities taking action
in cases of domestic or spousal abuse.
The law does not prohibit female genital mutilation (FGM), but
there were no reports of FGM being practiced.
The constitution prohibits forced prostitution and bans
prostitution of children under age 18. Although no statistics were
available regarding its prevalence, adult and child prostitution
occurred throughout the country, and there were reports of women and
girls pressured or forced to engage in prostitution by their families.
There were reports that members of the security forces harassed or
raped women engaged in prostitution.
Sexual harassment occurred throughout the country; however, no
statistics existed regarding its prevalence. The 2006 sexual violence
law prohibits sexual harassment, and the minimum penalty prescribed by
law is a prison sentence of one to 20 years; however, there was no
effective enforcement, and by year's end judicial authorities had yet
to prosecute any cases.
Women did not possess the same rights as men in law and in
practice. The law requires a married woman to obtain her husband's
consent before engaging in legal transactions, including selling or
renting real estate, opening a bank account, and applying for a
passport. Under the law women found guilty of adultery may be sentenced
to up to one year in prison; adultery by men is subject to legal
penalty only if judged to have ``an injurious quality.''
Women experienced economic discrimination. The law forbids a woman
from working at night or accepting employment without her husband's
consent. According to the International Labor Organization, women often
received less pay in the private sector than men doing the same job and
rarely occupied positions of authority or high responsibility.
Children.--The Government's commitment to and budget for children's
welfare were inadequate. In practice primary school education was not
compulsory, free, or universal, and very few functioning government-
funded schools existed. Fighting that resumed in August in North Kivu
between government and rebel forces resulted in the closure of
approximately 85 percent of all schools in the area, according to
UNICEF. Public and private schools generally expected parents to
contribute to teachers' salaries, and parents typically funded 80 to 90
percent of school expenses. These expenses, plus the potential loss of
income or labor while their children attended class, left many parents
unable to enroll their children in school.
According to UNICEF, approximately 55 percent of boys and 49
percent of girls attended primary school. The rates for secondary
school attendance were 18 percent for boys and 15 percent for girls.
Rates for girls were lower because many parents preferred to send their
sons to school, either for financial or cultural reasons.
The law prohibits all forms of child abuse, the extent of which was
unknown and had not been thoroughly investigated. Although authorities
made several arrests related to child abandonment and abuse during the
year, no cases had been prosecuted by year's end.
The constitution prohibits parental abandonment of children for
alleged sorcery; in practice such allegations led to abandonment and
abuse.
Child abuse was an especially serious problem in the eastern
conflict regions. During the year HRW documented rapes of girls by army
soldiers and by combatants of the CNDP, FDLR, and Mai-Mai militias.
Between June 2007 and June 2008, the UN recorded 5,517 cases of sexual
violence against children in Ituri and North and South Kivu.
A November report of the UN secretary-general on children and armed
conflict in the DRC concluded that even though there was a decrease in
the number of allegations of grave abuses against children during the
year, children continued to be the primary victims of the ongoing
conflict in the east. In the Kivu provinces alone, the report noted a
38 percent increase from the previous year in the recruitment of
children. It also attributed 63 per cent of the alleged abuses against
children to armed rebel groups in the Kivus. In addition, it assigned
responsibility for 29 per cent of the alleged abuses to the FARDC and 8
per cent to the PNC.
All parties to the conflict in the east were involved in the use of
child soldiers (See Section 1.g.).
The law prohibits marriage of girls under age 14 and boys under 18;
however, marriages of girls as young as 13 took place. Dowry payments
greatly contributed to underage marriage. In some cases parents married
off a daughter against her will to collect a dowry or to finance a
dowry for a son. The sexual violence law criminalizes forced marriage.
It subjects parents to up to 12 years' hard labor and a fine of 92,500
Congolese francs (approximately $166) for forcing a child to marry. The
penalty doubles when the child is under the age of 15. There were no
reports of prosecutions for forced marriage during the year.
Child prostitution occurred throughout the country; however, there
were no statistics available regarding its prevalence. According to HRW
and local NGO, Lazarius, police in Kinshasa extorted sexual services
from child prostitutes.
The country's estimated 50,000 street children included many
accused of sorcery, child refugees, and war orphans, as well as
children with homes and families. Many churches in Kinshasa conducted
exorcisms of children involving isolation, beating and whipping,
starvation, and forced ingestion of purgatives.
The Government was ill-equipped to deal with large numbers of
homeless children. Many engaged in prostitution without third-party
involvement, although some were forced to do so. Citizens generally
regarded street children as delinquents engaged in petty crime,
begging, and prostitution and approved of actions taken against them.
Security forces abused and arbitrarily arrested street children (See
Sections 1.c. and 1.d.).
There were numerous reports that street children had to pay police
officers to be allowed to sleep in vacant buildings and had to share
with police a percentage of goods stolen from large markets.
Several NGOs worked effectively with MONUC and UNICEF to promote
children's rights throughout the country.
Trafficking in Persons.--Several laws prohibited specific acts of
trafficking in persons; however, there were credible reports of
trafficking, particularly in the east. The laws that could be used by
the Government to prosecute cases against traffickers included the 2006
law on sexual violence, which prohibits forced prostitution and sexual
slavery, as well as legislation prohibiting slavery, rape, and child
prostitution. The constitution forbids involuntary servitude and child
soldiering; however, existing laws do not prohibit all forms of
trafficking.
The country was a source and destination country for men, women,
and children trafficked for forced labor and sexual exploitation. There
were reports of children prostituted in brothels or by loosely
organized networks, some of whom were exploited by FARDC soldiers.
Women and children were reportedly trafficked to South Africa for
sexual exploitation. No statistical information existed on the extent
of adult or child prostitution.
MONUC and the NGO Save the Children estimated that there were tens
of thousands of children working in the mining sector, most often in
extremely dangerous conditions as artisanal miners.
The majority of reported trafficking was conducted in the unstable
eastern provinces by armed groups outside government control (See
Section 1.g.). Indigenous and foreign armed groups, including the FDLR,
CNDP, and various local militia (Mai-Mai), and the Uganda-linked LRA
continued to abduct and forcibly recruit men, women, and children,
including smaller numbers of Rwandan and Ugandan children, to serve as
laborers (including in miners), porters, domestics, combatants, and sex
slaves. In some instances elements of the FARDC detained men and women
for temporary forced labor. During the year there was one reported case
of nonintegrated FARDC troops recruiting additional children (See
Section 1.g.). CNDP troops, dressed in civilian clothes and
fraudulently promising civilian employment, conscripted an unknown
number of Congolese men and boys from refugee camps in Rwanda, as well
as dozens of Rwandan children from towns in western Rwanda, for forced
labor and soldiering in the country. As a result of LRA abductions
during the year and in 2007, an estimated 800 abducted women and
children remained with the LRA in Garamba National Park, and 1,500
Congolese women and their children remained in Uganda after being
forcibly transported there as sex slaves or domestics in 2004.
All armed rebel groups in the east increased efforts to recruit
children, especially children who were former child soldiers, to serve
as soldiers and sex slaves, according to the NGO Save the Children (See
Section 1.g.). The law specifically prohibits and provides penalties of
10 to 20 years' imprisonment for child and forced prostitution,
pimping, and trafficking for sexual exploitation. There were no
reported investigations or prosecutions of traffickers during the year.
Military authorities took no action against commanders who employed
child soldiers. Eight children who were identified by child protection
officers in South Kivu Province in the ranks of a FARDC unit led by a
Captain Mulenga in 2006 remained in the unit, and no action was taken
against him. Colonel Jean Pierre Biyoyo, convicted for recruitment of
child soldiers, escaped from Bukavu prison in South Kivu Province in
2006. He reappeared in March 2007 in Bukavu as part of a FARDC
delegation and had been demoted to lieutenant colonel. He served during
2007 with the mixed brigades in North Kivu Province, reportedly as an
aide to former FARDC general Nkunda, and remained with Nkunda's forces
after the mixed brigades disintegrated.
The MOJ was responsible for combating trafficking. Law enforcement
authorities were rarely able to enforce existing laws due to lack of
personnel, training, and funding and the inaccessibility of eastern
areas of the country.
The Government's anti-trafficking programs were limited and lacking
in resources. However, the National Disarmament, Demobilization, and
Reintegration Program (UE-PNDDR) launched a national awareness campaign
in partnership with MONUC and local authorities against the recruitment
of child soldiers in Kinshasa, Goma, and Bukavu in June. Through
lobbying efforts it targeted both military and political leaders. For
the general public, UE-PNDDR produced sketches, public service
announcements, and debates broadcast by six radio and television
stations in July and August. According to its September 30 quarterly
report of activities, UE-PNDDR also sent field teams to 23 sites
throughout South Kivu, North Kivu, Katanga, and Equateur provinces.
The Katanga provincial government also funded and operated a center
for vulnerable children in Lubumbashi and worked with Save the
Children, Solidarity Center, and other NGOs to direct children away
from the mining sector and into formal education.
The Government provided training to some police and military
personnel on preventing sexual violence and child soldiering. The
Government did not screen vulnerable population groups to identify
trafficking victims. It provided no funding for protection services or
for assisting victims of trafficking but permitted NGOs to provide
services to them.
The Government, in coordination with MONUC, reached agreements with
militias in Ituri District, CNDP in North Kivu, and Mai-Mai in North
and South Kivu that included provisions for the demobilization of child
soldiers; however, the groups did not generally respect the agreements.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities; however, the Government did not
effectively enforce these provisions, and persons with disabilities
often found it difficult to obtain employment, education, or government
services.
The law does not mandate access to buildings or government services
for persons with disabilities. Some schools for persons with
disabilities, including the blind, received private funds and limited
public funds to provide education and vocational training.
National/Racial/Ethnic Minorities.--Members of the country's more
than 400 ethnic groups practiced societal discrimination on the basis
of ethnicity, and discrimination was evident in hiring patterns in some
cities. The Government took no reported actions to address this
problem.
The security forces in Kinshasa sometimes harassed, arbitrarily
arrested, or threatened members of ethnic groups from Equateur
Province, according to the UNJHRO. Security forces in North and South
Kivu provinces sometimes harassed, arbitrarily arrested, or threatened
members of many different ethnic groups resident there.
Discrimination against persons with albinism was widespread and
limited their ability to obtain employment, health care, education, or
to marry. Persons with albinism were frequently ostracized by their
families and communities. According to a 2007 survey conducted in
Kisangani by the UN Development Program, 83 percent of parents stated
their children were successful in school, but 47 percent said they felt
humiliated by having albino children.
Indigenous People.--The country had a population of between 10,000
and 20,000 Pygmies (Twa, Mbuti, and others), believed to be the
country's original inhabitants; societal discrimination against them
continued. Most Pygmies took no part in the political process and
continued to live in remote areas. During the year fighting in North
Kivu between armed groups and government security forces caused
displacement of some Pygmy populations.
In some parts of the country, traditional leaders (mwami) and
wealthy persons were known to capture Pygmies and force them into
slavery. Those captured were known as ``badja'' and were considered the
property of their masters. During the year the World Peasants/
Indigenous Organization conducted a three-month campaign to free such
individuals. On August 18, 96 Pygmies who had been held as slaves were
released; 46 of the group belonged to families that had been enslaved
for generations.
No action was taken against PNC officers who in November 2007
arrested a Pygmy and subjected him to cruel, inhuman, and degrading
treatment for no known reason.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination based on sexual orientation or
persons with HIV/AIDS.
In July President Kabila promulgated a new law passed by Parliament
that protects persons with HIV/AIDS from discrimination.
Section 6. Worker Rights
a. The Right of Association.--The constitution provides all
workers-except government officials and members of the security forces-
the right to form and join trade unions without prior authorization or
excessive requirements. Of an estimated 24 million adults of working
age, 128,000 employees in the private sector (0.5 percent) belonged to
unions, according to the American Center for International Labor
Solidarity (Solidarity Center). No information was available regarding
the number of union members in the public sector. The informal sector,
including subsistence agriculture, constituted at least 90 percent of
the economy. The law provides for the right of unions to conduct
activities without interference and to bargain collectively; however,
the Government did not always protect these rights.
Unlike in the previous year, there were no reports that police
arrested union leaders or forcibly dispersed union meetings.
Private companies often registered bogus unions to create confusion
among workers and discourage real ones from organizing. According to
the Solidarity Center, many of the nearly 400 unions in the private
sector had no membership and had been established by management,
particularly in the natural resources sector.
The constitution provides for the right to strike, and workers
sometimes exercised it. There were large strikes this year by teachers,
magistrates, and health care workers; most concerned nonpayment of
salaries and crippled service delivery for several weeks at a time.
However, in small and medium-sized businesses, workers could not
exercise this right effectively in practice. With an enormous
unemployed labor pool, companies and shops could immediately replace
any workers attempting to unionize, collectively bargain, or strike,
and according to the Solidarity Center, companies and shops did so
during the year. The law requires unions to have prior consent from the
Ministry of Labor and to adhere to lengthy mandatory arbitration and
appeal procedures before striking. The law prohibits employers and the
Government from retaliating against strikers; however, the Government
did not enforce this law in practice.
On March 6, police fired into a crowd and killed a 15 year-old boy
during clashes with hundreds of artisanal miners, according to the BBC.
The clashes began when police started clearing the artisanal diggers
off a concession owned by parastatal GECAMINES near Likasi in Katanga
Province.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining was ineffective in practice. The Government set public
sector wages by decree, and unions were permitted to act only in an
advisory capacity. Most unions in the private sector collected dues
from workers but did not succeed in engaging in collective bargaining
on their behalf.
The law prohibits discrimination against union employees, although
authorities did not enforce this regulation effectively. The law also
requires employers to reinstate workers fired for union activities.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, including by children; however,
although no statistics were available, both were practiced throughout
the country.
Government security forces continued to force men, women, and
children, including IDPs, to serve as porters, mine workers, and
domestic laborers.
The military took no action against FARDC soldiers who used forced
labor and abducted civilians for forced labor in 2007 and 2006.
In the mining sector, middlemen and dealers acquired raw ore from
unlicensed miners in exchange for tools, food, and other products.
Miners who failed to provide sufficient ore became debt slaves, forced
to continue working to pay off arrears. The Government did not attempt
to regulate this practice.
Armed groups operating outside central government control subjected
civilians, including children, to forced labor, including sexual
slavery (See Section 1.g.).
d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws to protect children from exploitation in the workplace;
however, government agencies did not effectively enforce child labor
laws. Child labor remained a problem throughout the country, and there
continued to be reports of forced child labor. Although there were no
reports of large enterprises using child labor, it was common in the
informal sector, particularly in mining and subsistence agriculture.
For economic survival, families often encouraged children to work in
order to earn money.
Although the minimum age for full-time employment without parental
consent is 18 years, employers may legally hire minors between the ages
of 15 and 18 with the consent of a parent or guardian. Those under age
16 may work a maximum of four hours per day. All minors are restricted
from transporting heavy items.
The Ministry of Labor has responsibility for investigating child
labor abuses but had no dedicated child labor inspection service. NGOs
continued to pressure the Ministry of Labor to focus on this problem,
with few or no results.
Criminal courts continued to hear child labor complaints, and NGOs
and the International Labor Organization pushed prosecutors during the
year to bring cases against violators of child labor laws.
Security forces and armed groups also used children, including
child soldiers, for forced labor in mines.
Children made up as much as 30 percent of the work force in the
informal (``artisanal'') mining sector. In mining regions of the
provinces of Katanga, Kasai Occidental, Oriental, and North and South
Kivu, children performed dangerous mine work, often underground. In
many areas of the country, children ages five to 12 years broke rocks
to make gravel for a small wage.
In November 2007 a UNJHRO field team in Misisi, South Kivu
Province, observed several children working in illegal gold mines for
FARDC soldiers of the 115th Battalion. No action was taken against the
soldiers by year's end.
Child prostitution, including forced prostitution, was practiced
throughout the country.
According to a June 2007 Save the Children report, 12,000 children
in Kasai Oriental Province were employed at 20 unlicensed diamond
mining sites. The children excavated, transported, and washed dirt in
search of diamonds. At mines near Tumpatu, Kasai Oriental Province,
girls around the age of 12 worked as prostitutes. According to the
report, preteen children also worked digging tombs at the cemeteries
for 500 to 1,000 Congolese francs (approximately $1 to $2) per day and
as dishwashers and guards at restaurants for 125 to 250 Congolese
francs (approximately $.25 to $.50) per day. No action was taken
against mine operators and supervisors.
Parents often used children for dangerous and difficult
agricultural labor. Children sent to relatives by parents who could not
support them sometimes effectively became the property of those
families, who subjected them to physical and sexual abuse and required
them to perform household labor.
Government agencies responsible for combating child labor included
the Ministry of Labor, the Ministry of Women and Youth, the Ministry of
Social Affairs, and the National Committee to Combat Worst Forms of
Child Labor. These agencies had no budgets for inspections and
conducted no investigations during the year.
e. Acceptable Conditions of Work.--Employers in the informal sector
often did not respect the minimum wage law of 500 Congolese francs
(approximately $1) per day. The average monthly wage did not provide a
decent standard of living for a worker and family. Government salaries
remained low, ranging from 25,000 to 55,000 Congolese francs
(approximately $50 to $110) per month, and salary arrears were common
in both the civil service and public enterprises (parastatals). More
than 90 percent of laborers worked in subsistence agriculture, informal
commerce or mining, or other informal pursuits.
The law defines different standard work weeks, ranging from 45 to
72 hours, for different jobs. The law also prescribes rest periods and
premium pay for overtime, but employers often did not respect these
provisions in practice. The law establishes no monitoring or
enforcement mechanism, and businesses often ignored these standards in
practice.
The law specifies health and safety standards; however, government
agencies did not effectively enforce them. No provisions of the law
provide workers the right to remove themselves from dangerous work
situations without jeopardizing their employment.
According to the NGO Pact, 10 million miners worked in the informal
sector nationwide, and up to 16 percent of the population may have
indirectly relied on this so-called artisanal, or small-scale, mining.
Many suffered violence from guards and security forces for illegally
entering mining concessions.
__________
CONGO, REPUBLIC OF THE
The Republic of the Congo, with a population estimated at 3.8
million, is a parliamentary republic in which most of the decision-
making authority and political power is vested in the president, Denis
Sassou-Nguesso, and his administration. Parliamentary elections for the
Senate and National Assembly in 2007 were marred by irregularities and
widely viewed as poorly run and highly disorganized, with four district
results later overturned by the courts. Independent monitors determined
that the 2002 presidential elections did not ``contradict the will of
the people'' despite significant irregularities and manipulation in the
administration of the elections; presidential elections are next
scheduled for 2009. While civilian authorities generally maintained
effective control of security forces, there were instances in which
members of the security forces acted independently of government
authority.
The Government's human rights record remained poor. Although there
were fewer documented abuses during the year, serious problems
remained. Citizens' right to peacefully change their government was
limited. In addition, the following serious human rights problems were
reported: killings of suspects by security forces; mob violence;
security force beatings and other physical abuse of detainees, rapes,
looting, solicitation of bribes, and theft; harassment and extortion of
civilians by unidentified armed elements; poor prison conditions;
official impunity; arbitrary arrest; lengthy pretrial detention; an
ineffective and largely nonfunctioning judiciary; infringement of
citizens' privacy rights; limits on freedom of the press; restrictions
on freedom of movement; official corruption and lack of transparency;
domestic violence and societal discrimination against women;
trafficking in persons; discrimination on the basis of ethnicity,
particularly against Pygmies; and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed any politically
motivated killings; however, security forces killed persons.
According to local human rights and civil society groups, police
caused the death of Guy Poaty. He was beaten and reportedly tortured
after being among nearly 30 persons arrested in July during riots in
Pointe Noire, during which President Sassou-Nguesso's vehicle was
stoned. Poaty died while in custody at the Directorate for Territorial
Surveillance (DST); authorities refused to release information on the
cause of death. There was no information of any investigation by
authorities into the circumstances of Poaty's death by year's end.
During the year there were no known investigations or charges in
the 2007 death of Guy Yombo, a prisoner at the Ouenze jail. Local human
rights groups claimed Yombo died of wounds suffered during beatings by
police at the jail, where he was held with no clear charges filed
against him.
There were no reports during the year of any charges being filed
against authorities who killed a Brazzaville prisoner trying to escape
from jail in 2007.
During the year no charges were filed in a 2007 case in which
police officers in Brazzaville shot and killed three armed suspects who
were resisting arrest.
Unlike in previous years, there were no reports of killings of
civilians in the Pool region by armed elements believed to be Ninja
rebels. The ``Ninjas'' were formed from a militia group in the late
1990s in the southeastern Pool region. There continued to be occasional
deaths due to mob violence, as civilians took vigilante action against
presumed criminals or settled private disputes. Police at times
intervened to stop mob violence.
Three villagers arrested in 2005 for killing an Italian missionary,
who was killed after his convoy had struck and killed a child, remained
in prison awaiting trial. No trial had been scheduled by year's end.
Local inhabitants frequently took the law into their own hands to
punish persons presumed or known to be police or military personnel who
looted civilian residences, resulting in death or serious injury. Such
incidents were most common in remote areas.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year.
Families of 353 persons who disappeared in the 1999 ``Beach''
incident failed during the year in their attempts to use French courts
to bring claims of criminal wrongdoing against individuals and the
Congolese government. In April French courts ruled against allowing the
cases to proceed in the French system, apparently ending the families'
legal avenues. In 2005 a Brazzaville court acquitted 15 high-ranking
military and police officials accused of involvement in the
disappearance and presumed deaths of the 353 persons separated from
their families by security forces in 1999 upon their return to
Brazzaville from the Democratic Republic of Congo (DRC). In 2006 the
Congolese Supreme Court refused to consider an appeal.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit such actions,
security forces frequently used beatings to coerce confessions or to
punish detainees. During the year there were reports that abuses
continued in the jail and prison systems.
As in previous years, there were reports by nongovernmental
organizations (NGOs) and other reputable sources that security force
members raped female detainees and beat citizens.
Early in the year police detained a DRC citizen in the Talangai
District of Brazzaville because her husband allegedly was dealing
illegal drugs. While she was detained without charge, the woman was
raped by three men she claimed were police officers. Two officers were
jailed and were awaiting trial at year's end; authorities had not
located the third man.
During the year harassment and mayhem in the Pool region by armed
elements believed to be Ninja rebels greatly decreased, following peace
accords and disarmament agreements completed in June. Rebel leader
Pasteur Ntumi ordered his Ninja troops to disarm and cooperated in an
agreement with government soldiers and gendarmes to secure the
Brazzaville to Pointe Noire railroad. While the region was not
completely safe, there were many fewer reports of harassment or
violence during the year.
In August, according to privately owned television stations, police
raided restaurants, snack bars, and kiosks without warrants, ostensibly
to remove vendors operating illegally alongside the roadways. Police
beat civilians and destroyed private property during the raids. There
was no report of any official action being taken against the police.
Prison and Detention Center Conditions.--Prison and detention
center conditions were harsh and life threatening. Prisons were
overcrowded, with more than 400 prisoners housed in the Brazzaville
Maison d'Arret, known as the central prison, which was built in 1944
for fewer than 100. In Brazzaville's central prison, most cellmates
slept on the floor on cardboard or thin mattresses in small cells,
exposing the prisoners to disease. Food provision was poor and health
care virtually nonexistent, provided primarily, if at all, by outside
charities. Prisoners and detainees in the Brazzaville central prison,
the only prison in the capital, usually received one meal per day. The
Ministry of Justice continued to repair some prisons; however, lack of
funds hindered efforts to improve facilities and to provide food and
medicine.
Detainees held at police stations often were subjected to beatings,
rapes, overcrowding, and extortion.
Women were incarcerated with men, except in the city of
Brazzaville, where separate facilities were maintained. Juveniles were
held with adults, and pretrial detainees were held with convicted
prisoners.
There were six prisons but only three were in operation: The Maison
d'Arret in Brazzaville, one in Pointe Noire, and one in Ouesso. Other
facilities stopped functioning during the year due to the dire
conditions, and many prisoners were simply allowed to walk away,
reducing the current prison population to approximately 865, 70 percent
of whom were awaiting trial; most were jailed for assault and robbery.
Many were transferred to Brazzaville's central prison. In addition to
the 865 prisoners, there were an estimated 300 detainees throughout the
country in local jails waiting to be charged or released. In the great
majority of cases, detainees were released.
The Government continued to grant access to prisons and detention
centers to domestic and international human rights groups. During the
year local human rights groups and NGOs visited prisons and detention
centers. The International Committee of the Red Cross (ICRC) continued
regular visits to prisons and detention centers in Brazzaville and
Pointe Noire and reported that it had received appropriate cooperation
from the Government on its visits during the year.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention. However, members of the
security forces unreasonably and arbitrarily detained persons for minor
offenses, mostly traffic-related, and required them to pay bribes on
the spot as a condition for release. Nevertheless, reports of arbitrary
arrests and detentions continued to decrease.
Role of the Police and Security Apparatus.--The security forces
include the police, gendarmerie, and military. The police and the
gendarmerie are responsible for maintaining internal order, with police
primarily in cities and the gendarmerie mainly in other areas. Military
forces are responsible for external security, but also have domestic
security responsibilities, such as protecting the president. The
minister of defense oversees the military forces and gendarmerie, and
the minister of security oversees the police.
A joint police unit known as COMUS, under the Ministry of Security
and Public Order, is responsible for patrolling the frontiers. Another
unit, the military police, is composed of military and police officers
and is primarily responsible for investigating professional misconduct
by members of any of the security forces. Overall, professionalism of
the security forces continued to improve, in large part due to training
by the international law enforcement community. The Government
generally maintained effective control over the security forces;
however, some members of the security forces who acted independently of
government authority committed abuses.
Corruption remained a significant problem in the security forces.
During the year there were frequent reports of arrested individuals
whose families bribed police to secure their release. Traffic police
extorted bribes from taxi drivers and others under threat of
impoundment of their vehicles. Although the Human Rights Commission
(HRC) was established for the public to report security force abuses,
impunity for members of the security forces was a widespread problem.
Arrest and Detention.--The constitution and law require that
warrants be issued by a duly authorized official before arrests are
made, that a person be apprehended openly, that a lawyer be present
during initial questioning, and that detainees be brought before a
judge within three days and either charged or released within four
months. However, the Government habitually violated these provisions.
There is a system of bail, but more than 70 percent of the population
had an income below the poverty level-defined as less than 500 CFAF a
day (approximately $1.10)-and could not afford to post bail. Detainees
generally were informed of the charges against them at the time of
arrest, but formal charges often took at least one week to be filed.
Police at times held persons for six months or longer due to
administrative errors or delays in processing detainees. Most delays
were attributed to lack of staff in the Ministry of Justice and court
system. Lawyers and family members usually were given prompt access to
detainees, and indigent detainees were provided lawyers at government
expense. If indigent detainees were detained outside a major city, they
were often transferred to the closest town or city where an attorney
was available.
Arbitrary arrest continued to be a problem. The most common cases
were threats of arrest to extort bribes. These were perpetrated most
often against vehicle operators (mainly taxi drivers) by police,
gendarmes, or soldiers. Immigration officials also routinely stopped
persons and threatened them with arrest, claiming they lacked some
required document, were committing espionage, or on some other pretext
to extort funds.
Most often these incidents resulted in the bribe being paid; if
not, the person was detained at a police station (or the airport) until
either a bribe was paid or pressure was placed on authorities to
release the individual.
Lengthy pretrial detention due to judicial backlogs was a problem.
Pretrial detainees continued to constitute the majority of the prison
population, including 67 percent and 52 percent of Brazzaville and
Pointe Noire prisoners, respectively. On average detainees waited six
months or longer before going to trial. It was a general belief that
bribes determine the length of detention.
Three villagers arrested in 2005 for allegedly killing an Italian
missionary remained in prison awaiting trial. No trial had been
scheduled by year's end.
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, the judiciary continued to be
overburdened, underfunded, and subject to political influence and
corruption.
The judicial system consists of traditional and local courts,
courts of appeal, a Court of Accounts, the High Court of Justice, the
Constitutional Court, and the Supreme Court. In rural areas,
traditional courts continued to handle many local disputes,
particularly property and inheritance cases, and domestic conflicts
that could not be resolved within the family. The Court of Accounts'
function is to hear cases related to mismanagement of government funds.
The Constitutional Court's responsibility is to adjudicate the
constitutionality of laws and judicial decisions. The High Court of
Justice's function is to review judicial decisions or crimes involving
the president and other high-ranking authorities in the conduct of
their official duties. Local courts dealt with criminal and civil
complaints. The Supreme Court met regularly and primarily heard cases
related to the legality of land seizures by the Government during the
civil war. It also reviewed administrative and penal cases from lower
courts.
Trial Procedures.--The constitution provides for the right to a
fair trial presided over by an independent judiciary; however, the
legal caseload far exceeded the capacity of the judiciary to ensure
fair and timely trials, and most cases never reached the court system.
The courts have not heard any civilian criminal trials since 2005, with
the Government citing a lack of funds to organize trials. Some
prisoners were subsequently freed and considered to be in pending trial
status, but most remained in pretrial detention. In general, when
trials occurred prior to 2006, defendants were tried in a public court
of law presided over by a state-appointed magistrate. Juries are used.
Defendants have the right to be present at their trial and to consult
with an attorney in a timely manner. An attorney is provided at public
expense if an indigent defendant faces serious criminal charges.
Defendants can confront or question accusers and witnesses against them
and present witnesses and evidence on their own behalf. The defense has
access to prosecution evidence. Defendants are presumed innocent and
have the right of appeal. The law extends the above rights to all
citizens.
The military has a tribunal system-the Martial Court-to try
criminal cases involving military members, gendarmerie, or police.
Civilians were not tried under this system. This body was believed to
be subject to influence and corruption. However, in a continuation of a
2007 investigation into corrupt military payroll practices, during the
year the Martial Court suspended the salaries of more than 500 current
and former military personnel.
Political Prisoners and Detainees.--There were some political
prisoners and detainees, such as the arrests made in Pointe Noire, as
discussed above. As in previous years, local and international NGOs,
including the ICRC, reported monitoring the condition of several
political prisoners.
Three exiled DRC military officers remained in pretrial detention
in military headquarters, where they have been held since 2004 after
being arrested for political reasons following disturbances in
Kinshasa. The three were reportedly being held pending extradition,
although an effective extradition policy between the two countries did
not exist.
In June three former gendarme officers loyal to former president
Pascal Lissouba were tried and convicted on robbery charges stemming
from a 2005 raid on the Bifouity Gendermarie Armory in Brazzaville. The
officers had been imprisoned awaiting trial since the 2005 raid, which
was deemed an attempted coup d'etat. The courts sentenced each man to
three years in prison, but gave them credit for time spent in jail
awaiting trial; all three were released in July.
Civil Judicial Procedures and Remedies.--There is a civil court
system; however it was widely believed to be subject to the same
corrupt practices as are found in the criminal court system. Although
persons can file a lawsuit in court on civil matters, including seeking
damages or cessation of a human rights violation, no such cases were
known to exist, and there remained general mistrust of the judicial
system as a means to address human rights issues.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions;
however, security forces at times illegally entered, searched, and
looted private homes.
No action was taken during the year on an official complaint filed
by a civilian in 2007 against police in the Ouenze District of
Brazzaville, after police entered the man's home without a warrant
under the pretense of searching for narcotics. The accused was not
charged and there was never any evidence provided by police to justify
their search.
Citizens generally believed the Government monitored telephone and
mail communications of selected individuals.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, but also criminalize certain
types of speech, such as incitement of ethnic hatred, violence, or
civil war. The Government at times limited freedom of speech and of the
press. Broadcast journalists and government print media journalists
practiced self-censorship. The nongovernment print media experienced
fewer constraints as long as its reporting stayed only in print form
and was not broadcast.
Individuals could criticize the Government publicly or privately
without reprisal on relatively minor issues. However, persons feared
reprisal if they named high-level officials while criticizing
government policies. The Government generally did not proactively
attempt to impede criticism by, for example, monitoring political
meetings, but sometimes punished critics after the fact.
There was one state-owned newspaper, La Nouvelle Republique, and
several publications which were closely allied with the Government.
There were 15 to 20 private weekly newspapers in Brazzaville that
criticized the Government. Newspapers occasionally published open
letters written by government opponents. The print media did not
circulate widely beyond Brazzaville and the commercial center of Pointe
Noire; it reached approximately one-third of the population.
Most citizens obtained their news from radio or television, and in
rural areas primarily from government-controlled radio. There were
three privately owned radio stations, all progovernment, three
government-owned radio stations, and one government-owned television
station. There were four privately owned television stations; unlike in
previous years, two of the four stations were increasingly critical of
the Government. Several satellite television services were available
and permitted the few who could afford it to view a wide range of news
programs.
Government journalists were not independent and were expected to
report positively on government activities. There was evidence that
when government journalists deviated from this guidance there were
adverse consequences, especially if they were critical of the
president.
Television journalist Christian Perrin was arrested in July after
ignoring a government order to not report disturbances in Pointe Noire
that were directed against President Sassou-Nguesso's motorcade.
Perrin, news director of privately owned Tele Pour Tous (TPT), aired
footage of the July rioting, which erupted over the funeral of a former
president of the national assembly and included protestors hurling
stones at the car carrying President Sassou-Nguesso to the burial.
Officials in the Ministry of Communications, including the minister
himself, ordered all news outlets not to report the incidents; all but
TPT complied. Two weeks later, Perrin invited two opposition party
members onto his show to discuss politics. Authorities arrested him the
next morning and later released him after more than 24 hours at the
DST. Authorities did not officially charge or try him, but a state
prosecutor declared him guilty and assessed a fine of 500,000 CFA
(approximately $1,120). By year's end authorities had not contacted
Perrin to pay the fine. Perrin reported in late August that he felt he
was under surveillance by unknown persons.
In September police severely beat Digital Radio Television (DRTV)
news reporter Giscard Mayoungou as he was covering a disturbance at a
Brazzaville university. Witnesses said Mayoungou clearly identified
himself as a reporter but police continued to beat him while they beat
students and others caught up in the disturbance. DRTV filed a
complaint against the police but authorities did not take action by
year's end.
In July a freelance journalist and documentary filmmaker reported
receiving threats from government officials after airing a documentary
she made about ongoing water shortages in Brazzaville. The documentary,
which included criticism of the Government's failure to fix the water
problems, was shown once at a cultural center in the Centreville
District of Brazzaville; it was not shown again after the journalist
received the threats.
A number of Brazzaville-based journalists represented international
media. Unlike in previous years, there were no confirmed reports of the
Government revoking journalists' accreditations if their reporting
reflected adversely on the Government's image. However, the Government
had not repealed the policy that allowed revocation; this policy
affected journalists employed by both international and government-
controlled media. Local private journalists were not affected.
The press law provides for monetary penalties for defamation and
incitement to violence.
Unlike in previous years, the Government forced a newspaper to
suspend publication, shutting down the privately owned Talassa for
three months, citing defamation. The newspaper, which is routinely very
critical of the Government, resumed publication in March.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. A
2005 estimate indicated that only 1 percent of the population had
access to the Internet, due to the lack of infrastructure, reliable
power, and telephone or satellite services.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the Government generally respected this right in practice.
Groups that wished to hold public assemblies were required to
inform the Ministry of Territorial Administration and appropriate local
officials, who could withhold authorization for meetings that they
claimed might threaten public order.
Unlike in previous years, there were no demonstrations by public
workers protesting salary arrears at a downtown Brazzaville
intersection; the Government began paying arrears more frequently
during the year, lessening the motivation for the rallies.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice. Groups or associations-political, social, or
economic-were generally required to register with the Ministry of
Territorial Administration. Registration could sometimes be subject to
political influence. During the year the Government refused to process
the application for Marien Ngouabi and Ethics, a political opposition
group that sought to organize. The group completed all required steps
for registration but reported that officials refused without
explanation to provide the final approval stamp that would complete
recognition. In May government officials and security forces prevented
Marien Ngouabi and Ethics from holding its planned national meeting at
the Parliament Palace in Brazzaville, citing the group's lack of
approved registration.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
Societal Abuses and Discrimination.--There were no reports of
discrimination against members of religious groups. There was no
substantial Jewish community in the country, and there were no reports
of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation; however, in practice the Government at times imposed
limitations. Immigration officials routinely stopped travelers on
various pretexts to extort funds.
In the Pool region, unidentified armed elements believed to be
Ninja rebels continued to harass and intimidate citizens, thus limiting
freedom of movement. A final disarmament agreement signed in June
between the Government and the remaining rebel leader, Pasteur Ntumi,
resulted in improved security conditions and fewer reported incidents
of harassment.
The law prohibits forced exile, and the Government did not use it.
The Government did not prevent the return of citizens, including
political opponents of the president. By year's end, former president
Pascal Lissouba, who was sentenced in absentia in 2001 to 30 years in
prison for ``economic crimes,'' had not returned to the country,
despite a 2007 announcement that President Sassou-Nguesso had agreed to
allow his return and would pardon him. Other officials, including the
former minister of transport and former secretary general for the
largest opposition party, returned from exile during the year.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided some protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened, and granted refugee status or asylum.
The Government cooperated with the UN High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in assisting
refugees and asylum seekers. During the year the Government cooperated
with the UNHCR in the voluntary return of refugees, including ex-
combatants from the DRC, to their home countries.
According to the NGO Congolese Observatory for Human Rights (OCDH),
Albert Muya Ilunga, a DRC refugee living in Brazzaville, was
involuntarily repatriated to Kinshasa in March, detained for two weeks,
and questioned by DRC security forces. Following diplomatic
negotiations between both Congolese governments and the UN, Muya Ilunga
was brought back to Brazzaville by the UN and released.
The Government also provides temporary protection to individuals
who may not qualify as refugees under the 1951 convention and the 1967
protocol; however, the Government was not generally effective in
dealing with such cases. The National Refugees Committee's offices,
closed in 2007 due to a lack of funds, reopened in March, but did not
process any refugee requests during the year. According to the World
Refugee Survey, the country hosted an estimated 44,000 refugees and
asylum seekers at the end of 2007, including approximately 33,800 from
the DRC who had fled civil war in the 1990s and in 2004. Some 6,500
Rwandan refugees who fled their country in the 1990s remained in Congo
at year's end.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to
peacefully change their government. However, during the 2002
presidential elections, significant irregularities occurred, and the
entire Pool region was unable to vote. Legislative elections in 2007
were characterized as chaotic.
Elections and Political Participation.--During the year local
elections for senatorial and mayoral positions were marred by
disorganization, extreme voter apathy, and low turnout. Opposition
party leaders complained that representatives from different political
parties were not allowed to examine ballot results before they were
publicly announced, as the country's electoral law requires.
Legislative elections in 2007 were marred by poor organization and
low voter turnout, although there were no confirmed incidents of
violence. The ruling Congolese Labor Party, and independent candidates
aligned with it, won 125 seats; candidates from two opposition parties
won the remaining 12 seats.
Independent observers determined that the 2002 presidential
elections did ``not contradict the will of the people'' despite serious
flaws and the almost complete absence of any opposition candidates. The
next presidential elections are scheduled for 2009.
Major political parties included the ruling Congolese Labor Party,
the Pan-African Union for Social Development, the Congolese Movement
for Democracy and Integrated Development, the Union for Democracy and
the Republic, the Rally for Democracy and Social Progress, and the
Union for Progress. Some opposition party leaders returned from exile
during the year. Northern ethnic groups, such as the president's Mbochi
group and related clans, dominated the political system.
There were eight women in the 72-seat Senate and 10 women in the
137-seat National Assembly. There were five women in the 38-member
cabinet.
There were 14 members of tribes other than the dominant northern
tribes in the 72-seat senate, 47 in the 137-seat National Assembly, and
15 in the 38-member cabinet. Despite a 2006 parliamentary reaffirmation
of their right to vote, Pygmies were excluded from the political
process due to their isolation in remote areas, their culture, and
stigmatization by the majority Bantu population.
Government Corruption and Transparency.--The law provides for
criminal penalties for official corruption.
There was a widespread perception of corruption throughout
government, including misuse of revenues from the oil and forestry
sectors. According to the World Bank's 2008 Worldwide Governance
Indicators, government corruption was a severe problem. Also, according
to the International Monetary Fund (IMF) and local and international
NGOs, official corruption was widespread, particularly in the
mismanagement of natural resources. The IMF and World Bank expressed
concern about governance and lack of financial transparency, inadequate
internal controls and accounting systems, and conflicts of interest in
the marketing of oil by the state-owned oil company. Government
officials, through bribes or other fraud, regularly siphoned off the
bulk of revenues from these industries into private overseas accounts.
Pervasive lower-level corruption included security personnel and
customs and immigrations officials demanding bribes.
Two prominent anticorruption and human rights activists, Christian
Mounzeo and Brice Mackosso, reported an end to the harassment they had
been subjected to since their 2006 arrests and convictions on
politically motivated charges of embezzlement. By year's end neither
man had been approached by government authorities to pay the 300,000
CFA (approximately $670) fines imposed in their 2006 sentencing. During
the year both men reported being able to travel freely.
The law provides for public access to government information for
citizens, noncitizens, and the foreign media; however, in practice
there were lengthy delays before the Government released information,
if it did so at all.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated, with some exceptions, without government
restriction, investigating and publishing their findings on human
rights cases. Government officials generally were more cooperative and
responsive to international groups than to domestic human rights
groups. However, domestic human rights groups tended not to report
specific incidents for fear the Government would impose obstacles to
their work.
The Government-sponsored HRC is charged with acting as a government
watchdog and addressing public concerns on human rights issues.
Observers claimed that the commission was completely ineffective and
lacked independence. The president appointed most, if not all, of its
members. During the year the commission met for the first time since
its creation in 2003, but failed to take any significant actions other
than sending its members on all-expense-paid trips to international
conferences and other venues.
The ICRC maintained an office in Brazzaville. During the year
access to government officials and to detainees remained good for
international humanitarian officials. Local NGOs, in contrast, had poor
access.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law and constitution prohibit discrimination on the basis of
race, gender, language, social status, or handicap; however, the
Government did not effectively enforce these prohibitions. Societal
discrimination and violence against women, trafficking in persons,
regional ethnic discrimination, and discrimination against indigenous
persons were problems.
Women.--Rape, including spousal rape, is illegal; however, the
Government did not effectively enforce the law. The law prescribes five
to 10 years in prison for violators. However, depending on the severity
of the circumstances, the penalties for rape, despite what the law
requires, in practice could be as few as several months but rarely more
than three years' imprisonment. Rape was common, although the extent of
the problem was unknown because the crime was seldom reported. Fewer
than 25 percent of reported rape cases were prosecuted, according to
local and international NGO estimates.
Domestic violence against women, including rape and beatings, was
widespread but rarely reported. There were no specific provisions under
the law outlawing spousal battery, other than general statutes
prohibiting assault. Domestic violence traditionally was handled within
the extended family or village, and only more extreme incidents were
reported to the police, primarily due to the social stigma for the
victim. No official statistics concerning domestic violence against
women were available. Local NGOs continued awareness campaigns and
workshops.
Female genital mutilation (FGM) was not practiced indigenously and
is against the law. It may have occurred, however, in some immigrant
communities from West African countries where it was common. There were
no known government or other efforts to investigate or combat FGM.
Prostitution is illegal, but the Government did not effectively
enforce this prohibition. Prostitution was common, and police often
accepted services in lieu of arresting prostitutes.
Sexual harassment is illegal. Generally the penalty is two to five
years in prison. In particularly egregious cases, the penalty can equal
the maximum for rape, five to 10 years in prison. However, the
Government did not effectively enforce the law. Sexual harassment was
very common but rarely reported. As in previous years, there were no
available statistics on its incidence.
Marriage and family laws overtly discriminate against women.
Adultery is illegal for women but not for men. Polygyny (having
multiple wives) is legal; polyandry (having multiple husbands) is not.
The law provides that a wife shall inherit 30 percent of her husband's
estate. In practice, however, the wife often lost all inheritance upon
the death of her spouse, particularly under traditional or common-law
marriage. The symbolic nature of the dowry is set in the law; however,
this often was not respected, and men were obliged to pay excessive
bride prices to the woman's family. As a result, the right to divorce
was circumscribed for some women because they lacked the means to
reimburse the bride price to the husband and his family. This problem
was more prevalent in rural areas than in urban centers. The Ministry
of Social Affairs was in charge of protecting and promoting the rights
of women, but it did not effectively perform its function.
The law prohibits discrimination based on gender and stipulates
that women have the right to equal pay for equal work. However, women
were underrepresented in the formal sector. Women experienced economic
discrimination in access to employment, credit, pay, and owning or
managing businesses. Most women worked in the informal sector and thus
had little or no access to employment benefits. Women in rural areas
were especially disadvantaged in terms of education and wage employment
and were confined largely to family farming, small-scale commerce, and
child-rearing responsibilities. Many local and international NGOs have
developed microcredit programs to address this problem, and government
ministries such as those of social affairs and agriculture were also
active in helping women set up small income-producing businesses.
Children.--The Government was committed to protecting the rights
and welfare of children. The Government does not provide automatic
recording of births; it is up to parents to record the birth of a
child. Recording is not required, but must be done to obtain a birth
certificate necessary for school enrollment, etc. Those living in
remote villages have a difficult time doing so, as this was done only
in the major city of each department. The Government continued a system
to provide free birth registration in Brazzaville, but, as in previous
years, the program did not cover other areas of the country.
Education was compulsory, tuition-free, and universal until the age
of 16, but families were required to pay for books, uniforms, and
school fees. In the cities approximately 95 percent of primary school-
age children attended school, and in rural areas an estimated 90
percent attended. Schools were overcrowded and facilities extremely
poor. Girls and boys attended primary school in equal numbers; however,
the proportion of girls who continued on to the high school and
university levels was significantly lower. Girls generally quit school
by age 15 or 16. In addition teenage girls often were pressured to
exchange sex for better grades, which resulted in both the spread of
HIV/AIDS and unwanted and unplanned pregnancies.
Reported child abuse was not common. Most reports in previous years
involved the West African immigrant communities in the country.
There were isolated cases of child prostitution among children who
lived on the streets. The prevalence of the problem remained unclear.
According to reports from international and local NGOs and other
observers, these cases were not linked to trafficking but were efforts
by some of these children to survive.
With support from international organizations, the Government
provided economic and counseling support to former child soldiers.
During the year the number of children who lived on the streets
remained approximately the same. International organizations assisted
with programs to feed and shelter these children. The majority of
homeless children in Brazzaville and Pointe Noire were believed to be
from the DRC, according to the UN Children's Fund (UNICEF). Children
who lived on the streets were vulnerable to sexual exploitation and
often fell prey to criminal elements such as drug smugglers. Many
begged or sold cheap or stolen goods to support themselves.
Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons, and there were reports that persons were
trafficked to and within the country.
There continued to be reports of trafficking of children by West
African immigrants living in the country, as well as trafficking of
children from the DRC. Trafficking could be prosecuted under existing
laws against slavery, prostitution, rape, illegal immigration, forced
labor, and regulations regarding employer-employee relations. However,
there were no known cases of the Government prosecuting any trafficker
under these laws. The ministries of security, labor, and social
affairs, as well as the gendarmerie, have responsibility for
trafficking issues. There were no government programs to prevent
trafficking or to provide protection or assistance to victims of
trafficking.
A 2007 UNICEF report indicated the country was a destination for
trafficked persons, with an estimated 1,800 children reportedly
trafficked in Brazzaville and Pointe Noire. There were reports that
underage relatives of immigrants from West Africa could be victims of
trafficking. There was no evidence of trafficking in adults. Children
from West Africa worked as fishermen, shop workers, street sellers, or
domestic servants. There were reports that some were physically abused.
Suspected traffickers, who were believed to be either distant
relatives or fellow countrymen of the victims, recruited parents to
sell their children with false promises of providing the children care
or training, visas to Europe, or South Africa.
There were no known cases of the Government assisting with
international investigations or extraditing citizens who were accused
of trafficking in other countries. During the year a joint program by
UNICEF, local NGOs, most notably Action Against Trafficking of West
African Children (ALTO), and government officials in Pointe Noire
continued successfully repatriating some West African children who
claimed to have been trafficked, particularly from Benin.
There was no evidence of involvement of government officials in
trafficking, although bribery and corruption were problems. In March
the wife of a former presidential cabinet official was arrested in
Canada on human trafficking suspicions.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or in the provision of other state services, although the
Government generally did not enforce the law. There were no laws
mandating access for persons with disabilities. The Ministry of Social
Affairs is the lead ministry responsible for these issues.
National/Racial/Ethnic Minorities.--The law prohibits
discrimination based on ethnicity; however, the Government did not
effectively enforce this prohibition.
Regional ethnic discrimination was prevalent among all ethnic
groups, was evident in government and private sector hiring and buying
patterns, and apparent in the effective ``north-south'' regional
segregation of many urban neighborhoods. The relationship between
ethnic, regional, and political cleavages was inexact. Supporters of
the Government included persons mostly from northern ethnic groups,
such as the president's Mbochi group and related clans.
Indigenous People.--The indigenous Pygmy ethnic group (also known
as the Baka people), who lived primarily in forest regions, did not
enjoy equal treatment in the predominantly Bantu society. Indigenous
people are estimated to constitute 10 per cent of the population or an
estimated 300,000 persons. The Government did not effectively protect
their civil and political rights. Pygmies were severely marginalized in
regard to employment, health services, and education, in part due to
their isolation in remote areas of the country and their different
cultural norms. Pygmies usually were considered socially inferior and
had little political voice; however, in recent years several Pygmy
rights groups have developed programs and were actively focusing on
these issues. Many Pygmies were not aware of the concept of voting and
had minimal ability to influence government decisions affecting their
interests.
In March the High Court in the Sabiti district indicted a prominent
former government official for the disappearance of an indigenous girl
in 1989. The former official, Omer Gapa, was arrested in March and was
awaiting trial at year's end. The girl, who was six when she
disappeared, has not been seen since, according to the local human
rights NGO OCDH and APSPC, an NGO advocating for the country's
indigenous populations.
During the year the National Network of Indigenous People of Congo
continued its campaigns directed at the Government, civil society, and
international organizations to improve Pygmy living conditions.
Bantu ethnic groups have exploited Pygmies, possibly including
children, as cheap labor; however, as in previous years, there was
little information regarding the extent of the problem.
Other Societal Abuses and Discrimination.--The constitution
prohibits discrimination based on political, sexual, or religious
orientation. However, the social stigma associated with homosexuality
was significant. There was no open homosexuality in the country.
In contrast, persons with HIV/AIDS were fairly well organized and
sought fair treatment, especially regarding employment. NGOs worked
widely on HIV/AIDS issues, including raising public awareness that
those living with HIV/AIDS were still able to contribute to society.
The law provides avenues for wronged persons to file lawsuits if they
were, for example, terminated from employment due to their HIV/AIDS
status.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form and
join unions of their choice without previous authorization or excessive
requirements, and workers exercised this right. Members of the security
forces and other essential services do not have this right, however.
Almost 100 percent of workers in the public sector and approximately 25
percent of workers in the formal private sector were union members.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. The law also provides for
the right to bargain collectively, and workers exercised this right
freely, although collective bargaining was not widespread due to severe
economic conditions.
Unlike in previous years, there were no reports that antiunion
discrimination occurred. Most trade unions were reportedly weak and
subject to government influence; as a result, workers' demonstrations
were frequently prohibited, often by the unions themselves. There were
no reports during the year of employers firing workers for union
activity.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
unconfirmed reports that such practices occurred.
The Government has not repealed a 1960 law which allows persons to
be requisitioned for work of public interest and provides for their
possible imprisonment if they refuse. However, there are no reports of
the law ever being utilized or enforced.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Although there are laws and policies designed to protect children from
exploitation in the workplace, child labor was a problem. The minimum
age for employment or internships was 16 years; however, this law
generally was not enforced, particularly in rural areas and in the
informal sector. Children worked with their families on farms or in
small businesses in the informal sector without government monitoring.
The Ministry of Labor, which is responsible for enforcing child
labor laws, concentrated its limited resources on the formal wage
sector, where its efforts generally were effective. As in previous
years, limited resources prevented the ministry from carrying out
regular child labor inspection trips.
International aid groups reported little change during the year in
child labor conditions: the problem existed, but had neither worsened
nor improved.
e. Acceptable Conditions of Work.--The national minimum wage, which
was 54,000 CFAF (approximately $110) per month in the formal sector,
did not provide a decent standard of living for a worker and family.
Wage floors established in the 1980s for various sectors have remained
largely unchanged and are not considered relevant, as wages in the
formal sector are paid above the minimum levels, although often not by
much. There was no official minimum wage for the agricultural and other
informal sectors. High urban prices and dependent extended families
obliged many workers, including teachers and health workers, to seek
secondary employment, mainly in the informal sector. The bulk of back
salaries for government and parastatal workers dating to the late 1990s
civil conflict period remained unpaid.
The law provides for a standard workweek of seven hours per day,
six days a week with a one-hour lunch break. There was no legal limit
on the number of hours worked per week. The law stipulates that
overtime must be paid for all work in excess of 42 hours per week;
however, there is no legal prohibition against excessive compulsory
overtime. Overtime was subject to agreement between employer and
employee.
Although health and safety regulations require biannual visits by
inspectors from the Ministry of Labor, such visits occurred much less
frequently. Unions generally were vigilant in calling attention to
dangerous working conditions; however, the observance of safety
standards often was lax. Workers have no specific right to remove
themselves from situations that endanger their health or safety without
jeopardy to their continued employment.
__________
COTE d'IVOIRE
Cote d'Ivoire is a democratic republic with an estimated population
of 18 million. Laurent Gbagbo, candidate of the Ivoirian People's Front
(FPI), became the country's third president in 2000. The 2000
presidential election, which excluded two of the major political
parties, the Democratic Party of Cote d'Ivoire (PDCI) and the Rally for
Republicans (RDR), was marred by significant violence and
irregularities.
In 2002 a failed coup attempt evolved into a rebellion, which split
control of the country between the rebel New Forces (FN) in the north
and the Government in the south. The failure of subsequent peace
accords resulted in the 2004 deployment of 6,000 peacekeepers under the
UN Operation in Cote d'Ivoire (UNOCI), who joined the 4,000-member
French Operation Licorne peacekeeping force already in the country.
Approximately 8,000 UNOCI and 1,800 Licorne peacekeepers remained in
the country at year's end to support the ongoing peace process.
Civilian authorities generally maintained effective control of the
security forces in government-controlled zones. Authorities in FN
controlled zones generally did not maintain effective control of the
security forces.
In 2007 President Gbagbo and FN rebel leader Guillaume Soro signed
the Ouagadougou Political Agreement (OPA), which mandated elections and
led to the dismantling of the zone of confidence (ZOC) dividing north
and south. At year's end nearly 90 percent of civil administration had
returned to the north, and mobile courts had distributed birth
certificates to many of those persons who were never registered.
However, implementation of other key tenets of the OPA-including
disarmament of armed factions and determination of citizenship-remained
incomplete. On November 11, the Permanent Consultation Framework for
the OPA announced the postponement of the presidential election,
scheduled for November 30. A new date had not been announced at year's
end.
The Government's human rights record improved slightly during the
year but continued to be poor. The following human rights abuses were
reported: restriction of citizens' right to change their government;
arbitrary and unlawful killings, including summary executions by
security forces and progovernment militias; torture and other cruel,
inhuman, or degrading treatment and punishment by security forces;
life-threatening prison and detention center conditions; security force
impunity; arbitrary arrest and detention; denial of fair public trial;
arbitrary interference with privacy, family, home, and correspondence;
police harassment and abuse of noncitizen Africans; use of excessive
force and other abuses in internal conflicts; restrictions on freedoms
of speech, press, peaceful assembly, association, and movement;
official corruption; discrimination and violence against women,
including female genital mutilation (FGM); child abuse and
exploitation, including forced and hazardous labor; forced labor; and
trafficking in persons.
The FN's human rights record improved slightly during the year but
continued to be poor. There were reports of extrajudicial killings with
impunity and torture. UNOCI reported the killing, disappearance, and
rape of civilians in FN-held territories. The FN continued to
arbitrarily arrest and detain persons and to conduct arbitrary ad hoc
justice during the year. Conditions in FN prisons and detention centers
were life-threatening.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were several
reports that the Government or its agents committed arbitrary or
unlawful killings. Security forces continued to commit extrajudicial
killings with impunity, and progovernment militia groups were
responsible for killings, disappearances, and harassment. These crimes
often went unreported or underreported due to fear of reprisals.
On April 1, police fired on protestors in Abidjan who were
demonstrating against rising prices of basic products like rice and
cooking oil, killing a 25-year-old man. No action was taken against the
police.
On April 16, gendarme Drissa Dante shot and killed Camara Mouyama,
a 15-year-old girl, as he and his colleague were trying to disperse an
angry crowd that was threatening them. Two days after the incident, the
military prosecutor put Dante and his colleague in prison, and an
investigative judge was examining their case at year's end.
Security forces frequently resorted to lethal force to combat
widespread crime and often committed crimes themselves with impunity.
Such cases often occurred when security forces apprehended suspects or
tried to extort money from taxi drivers and merchants at checkpoints
and roadblocks.
During the year there were a number of killings attributed to
members of the Security Operations Command Center (CECOS), a government
anticrime organization whose personnel also were accused of other human
rights violations, racketeering, extortion, and harassment. Members of
CECOS reportedly carried out summary executions of suspected thieves in
Abidjan, although the interior ministry stated that all victims were
criminals killed in the course of police anticrime activities.
On February 27, CECOS member Sergeant Alain Yao Konan shot and
killed Bamba Lassina, a 24-year-old gbaka (minibus) driver, as he tried
to flee a police checkpoint in Yopougon. Judges tried and sentenced
Konan to three years' imprisonment.
There were no developments in the separate 2007 CECOS killings of
two prison escapees, an innocent bystander, or Toulman Ibrahim.
During the year extrajudicial killings attributed to the FN were
reported in rebel-held zones and in the former zone of confidence.
In January the UNOCI Human Rights Division and Ivoirian human
rights organizations claimed the FN arrested five persons in their
homes and executed them in the municipal cemetery of Bouake in December
2007. The FN denied any involvement in the killings and did not conduct
an official investigation. The FN detained a few persons in connection
with the case but released them after a few months without filing
further charges.
In July a woman contacted the UN Police (UNPOL) office in Bouake to
report her husband, an FN soldier, missing. FN authorities told UNPOL
that the woman's husband and two other men had been arrested for
stealing 25 million CFA (approximately $50,000) from a village. FN
authorities said FN soldiers killed the three men because they became
violent and attempted to escape. The FN did not conduct an
investigation into the incident.
On November 9, four FN soldiers stationed in Boundiali arrested two
FN soldiers in Odienne for allegedly taking part in a highway robbery.
According to the UNOCI Human Rights Office in Odienne, the FN soldiers
making the arrest tied up the two men and put them into the trunk of a
car. The FN soldiers killed one of the men; the other escaped.
The FN killed nine alleged insurgents immediately following an FN
military uprising in Seguela on November 24. According to UNOCI
reports, the FN also arrested 73 persons in connection with the
incident. The UNOCI Human Rights Office, which visited detainees at
three FN detention centers, noted that most of the detainees had
visible marks of torture and ill-treatment on their bodies. Although 42
of those arrested were eventually released, many alleged insurgents
remained missing, including Doumbia Amara, who was abducted from his
home in Seguela on November 24. The FN did not conduct an investigation
into the incident.
No government action was taken against members of security forces
or the Young Patriots (a youth group with close ties to the ruling FPI
party) responsible for summary executions in previous years.
The police officer allegedly responsible for the 2007 killing of
Young Patriot Henri Beugre received a new assignment after spending a
few weeks in jail.
No investigations were conducted into numerous abuses committed by
rebels in previous years, including summary executions and other
killings.
In Abidjan and the western part of the country, there were reports
of atrocities, including killings by progovernment militia groups and
armed bandits thought to be members of the FN.
Reports of ethnic conflict between local residents in the west and
other settlers (principally Ivoirians) continued (See Section 5).
b. Disappearance.--There were a few unconfirmed press reports of
disappearances of members of the opposition and other citizens, who
remained missing at year's end. There were also unconfirmed press
reports that security forces participated in kidnappings.
The Government made no effort to assist the French investigation
into the 2004 disappearance of Franco-Canadian journalist Guy Andre
Kieffer. In July First Lady Simone Gbagbo did not appear in Paris
before a French investigative judge to answer questions about the case,
claiming she had not been informed of the subpoena.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
security forces and FN soldiers and police beat and abused detainees
and prisoners to punish them, extract confessions, or extort payments
with near-total impunity. Police officers forced detainees to perform
degrading tasks under threat of physical harm and continued to harass
and extort bribes from persons of northern origin or with northern
names.
There were unconfirmed reports that security forces raped women and
girls. There were no developments in the cases from previous years in
which security forces committed rape.
The UN and the concerned troop-contributing country (TCC) concluded
their investigations into allegations of sexual exploitation and abuse
of minors in 2007 by UNOCI personnel stationed in Bouake. At year's end
a joint UN-TCC report was under review for subsequent finalization and
release.
On May 27, the BBC reported on allegations stemming from a separate
incident in which 10 UNOCI peacekeepers sexually abused a 13-year-old
Ivoirian girl near her home in 2007. The report was part of the BBC's
coverage of the release of the Save the Children UK report No One to
Turn To which revealed incidents of child sexual exploitation by
humanitarian workers and peacekeepers. The UN and the concerned TCC
conducted an investigation into the case. An official report was sent
to the UN Secretariat in December but had not been made public by
year's end.
There continued to be reports that noncitizen Africans, mostly from
neighboring countries, were subject to harassment by security forces
and ``self-defense'' groups, including repeated document checks,
security force extortion, and racketeering.
In FN-controlled areas, FN military police operated with impunity
in administering punishment without legally constituted executive or
judicial oversight.
On December 9, FN soldiers reportedly arrested seven persons,
including three civilians and four FN soldiers, and detained them in
Bouna prison for alleged involvement in armed robberies and the sale of
stolen motorcycles. The FN soldiers reportedly beat the detainees and
ordered them to run barefoot around the city. At least one detainee was
reported to have been shot in the foot, and one of the civilians
allegedly collapsed and died. At year's end the detainees remained in
Bouna prison, and no formal investigation into the incident had been
conducted.
There were confirmed reports that FN members raped women and girls
in the north and that rebel soldiers tortured suspected government
loyalists or allies of rival rebel leader Ibrahim Coulibaly in the
zones under their control.
On January 2, two soldiers from a joint brigade made up of
government Security and Defense Forces (FDS) and the FN raped a 13-
year-old girl in Kounahiri. The Government took no action against the
alleged rapists, despite appeals to the local FDS-FN unit commander by
the UNOCI Human Rights Division.
An April UNOCI report noted that two FN members raped two girls,
ages 10 and 12, in Bouake and Danane. After UNOCI intervention, the FN
apprehended one of the alleged rapists and detained him at the Bouake
civilian prison, where he remained at year's end.
On May 10, FN soldiers arrested and tortured three cattle breeders
at the house of a corporal responsible for the FN cattle unit in
Odienne. The UNOCI Human Rights Division reported that the FN soldiers
removed the trousers and shirts of the three men and tightly bound
their hands. For three days, the men were beaten with military belts
and kicked, leaving visible scars. During their detention, the soldiers
gave them only a little food once a day and made them sleep on the bare
floor. Following an intervention by the UNOCI Human Rights Office in
Odienne, the three men, who had been detained for ten days, were
released.
On August 31, five men (including two FN soldiers) physically
assaulted and tortured a man accused of stealing a sheep in Bouake. The
FN soldiers, reportedly armed with Kalashnikovs, forcibly entered the
victim's house and beat him with truncheons, military belts, and the
butts of their guns. They also allegedly inflicted burns on him with
matches and threatened to kill him. No disciplinary action was taken
against the perpetrators.
Prison and Detention Center Conditions.--Conditions were poor and
in some cases life-threatening in the country's 33 prisons. In the 22
prisons, which also served as detention centers, located in the area
under government control, this situation was primarily due to
inadequate budgets and overcrowding. For example, the country's main
prison, the Abidjan Correctional Facility and Penitentiary (MACA), was
built for 1,500 persons but held more than 5,000 detainees. Conditions
in MACA were notoriously bad, especially for the poor. Some wealthier
prisoners reportedly could ``buy'' extra cell space, food, and even
staff to wash and iron their clothes. The Government provided
inadequate daily food rations, which were insufficient to prevent cases
of severe malnutrition in prisoners whose families did not bring them
additional food. As of September 30, 161 prisoners had died in the
country's 22 government-controlled prisons, mostly due to malnutrition
and disease. There were credible reports that prisoners frequently
brutalized other prisoners for sleeping space and rations.
Male minors were held separately from adult men, but the physical
barriers at MACA were inadequate to enforce complete separation. At
year's end fewer minors were detained with adults than in the past.
Pretrial detainees were held with convicted prisoners.
Prison conditions for women were particularly difficult, and
health-care facilities were inadequate. There were continued reports
that female prisoners engaged in sexual relations with wardens to get
food and privileges. Pregnant prisoners went to hospitals to give
birth, and their children often lived with them in prison. The
penitentiary accepted no responsibility for the care or feeding of the
infants, although inmate mothers received help from local
nongovernmental organizations (NGOs).
The Government permitted access to prisons by the International
Committee of the Red Cross (ICRC) and by local and international NGOs,
including World Doctors, International Prisons' Friendship, Love Amour,
Prisoners Without Borders, and the Ivoirian Islamic Medical Rescue
Association.
Detainees continued to suffer from lack of food and medical care in
government-controlled prisons. In August four prisoners died from
malnutrition in the Daloa prison. Another Daloa inmate suffering from
bullet wounds died on August 7, after authorities failed to refer him
to the hospital for treatment.
No government action was taken in the 2007 case of 26 detainees who
died in a government-controlled prison in Daloa due to malnutrition,
poor hygiene, and disease.
On December 15, following violent clashes in MACA two days earlier,
one prisoner was killed and scores injured when police launched a
containment operation. Prison authorities claimed that the prisoner
died from being stabbed by another inmate during the confrontation. No
investigation was conducted into the incident.
The FN continued to maintain detention centers and prisons, and the
ICRC and UNOCI Human Rights Division local teams were often granted
access to them. The FN did not always allow these organizations to meet
with detained or incarcerated individuals privately, however, and they
occasionally denied visitation rights for some detainees.
Detention and prison conditions in FN zones were extremely poor,
with detainees often housed in converted schools, movie theaters, or
other buildings with poor air circulation and sanitary facilities. In
August UNOCI discovered a two-meter-deep hole covered with iron bars
that the FN was using as an illegal detention area. Despite numerous
attempts by UNOCI to discuss the subject with the FN sector commander,
the illegal detention hole continued to be used.
Prison conditions in FN zones were significantly worse than in
MACA. Although Prisoners Without Borders renovated the Bouake and
Korhogo prisons located in FN zones, by year's end these prisons were
not yet fully operational. The FN did not have sufficient personnel to
operate the two prisons, nor could they provide prisoners with proper
food or health care. Many detainees became ill with respiratory
diseases, tuberculosis, or malaria due to lack of medical care and
unhygienic conditions.
Persons died in FN custody, and there continued to be credible
reports that prisoners died in FN jails. The UNOCI Human Rights Office
in Bouake reported that in early October, an FN element suspected of
theft and illegal possession of firearms was found dead in his cell.
Local authorities claimed he had hung himself.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, both occurred
frequently.
Role of the Police and Security Apparatus.--Security forces under
the ministries of defense and interior include the army, navy, air
force, republican guard, presidential security force, and the
gendarmerie, a branch of the armed forces with responsibility for
general law enforcement. Police forces, which are under the
jurisdiction of the Ministry of Interior, include paramilitary rapid
intervention units such as the Anti-Riot Brigade, the Republican
Security Company, and the plainclothes investigating unit, Directorate
for Territorial Security (DST). In 2005 the Ministry of Interior formed
CECOS to combat rising crime in Abidjan. A central security staff
collected and distributed information regarding crime and coordinated
the activities of the security forces.
Poor training and supervision of security forces, corruption, the
public's fear of pressing charges, and investigations conducted by
security forces, who themselves were abusers, contributed to widespread
impunity and lawlessness in the country. Racketeering at roadblocks
remained a serious problem. There were fewer reports than in the
previous year that security forces forced persons stopped at roadblocks
to do push-ups while being beaten or subjected to other abuses.
In June the Government launched a nationwide crackdown on
racketeering at checkpoints, arresting some drivers who paid bribes to
security forces-but not the police officers who took the bribes. Those
who refused to pay bribes continued to face the confiscation of their
official documents, harassment, intimidation, or physical abuse.
Police solicited sexual favors from prostitutes in exchange for not
arresting them. Security forces often were accused of causing rising
crime in Abidjan; for example, there were credible reports that they
rented their uniforms and weapons to persons wanting to engage in
criminal activity.
Security forces frequently resorted to excessive and sometimes
lethal force while conducting security operations and dispersing
demonstrations.
Security forces on occasion also failed to prevent violence.
The Government sometimes took action against police officers who
committed abuses; however, it generally did not investigate or punish
effectively those who committed abuses, nor did it prosecute persons
responsible in previous years for unlawful killings and disappearances.
The Government partnered with UNOCI during the year to provide
human rights training to security forces in advance of elections
planned for November but later postponed it.
Arrest and Detention.--Under the law, officials must have warrants
to conduct searches, although police sometimes used a general search
warrant without a name or address. A bail system existed solely at the
discretion of the judge trying the case. Detainees were generally
allowed access to lawyers; however, in cases of accusations of
complicity with the rebels or other matters of national security,
detainees were frequently denied access to lawyers and family members.
For more serious crimes, those who could not afford to pay for lawyers
were given lawyers by the state, but alleged offenders charged with
less serious offenses were often without representation.
A public prosecutor may order the detention of a suspect for 48
hours without bringing charges, and in special cases such as suspected
actions against state security, the law permits an additional 48-hour
period. According to members of the jurists' union, police often held
persons for more than the 48-hour legal limit without bringing charges,
and magistrates often were unable to verify that detainees who were not
charged were released. Defendants do not have the right to a judicial
determination of the legality of their detention. A magistrate can
order pretrial detention for up to four months but also has to provide
the minister of justice with a written justification on a monthly basis
for continued detention.
The DST is charged with collecting and analyzing information
relating to national security. The DST has the authority to hold
persons for up to four days without charges; however, human rights
groups stated there were numerous cases of detentions exceeding the
statutory limit.
On January 17, security forces arrested 11 persons for alleged coup
plotting. The individuals were linked to former rebel leader Ibrahim
Coulibaly, whose supporters had allegedly attacked FN personnel in
Bouake in December 2007, resulting in several deaths. The individuals
denied participating in any coup plot and had not been tried at year's
end.
Abdul Ibrahim Redda, a naturalized Ivoirian citizen of Lebanese
origin who was deported in 2007 without being tried, was allowed to
return to the country.
There were fewer reports than in the previous year that security
forces arbitrarily arrested merchants and transporters, often in
conjunction with harassment and requests for bribes.
Police and gendarmes detained persons in various military camps in
Abidjan; however, there were fewer such reports than in the previous
year. Few of these detainees entered the civil justice system.
Many inmates continued to suffer long detention periods in MACA and
other prisons while awaiting trial. Despite the legal limit of 10
months of pretrial detention in civil cases and 22 months in criminal
cases, some pretrial detainees were held in detention for years. As of
September 30, the National Prison Administration reported that of the
11,143 persons held in the 22 government controlled prisons, 30 percent
were pretrial detainees.
Amnesty.--No amnesty decrees were issued during the year.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, in practice the judiciary was
subject to influence from the executive branch, the military, and other
outside forces. Although the judiciary was independent in ordinary
criminal cases, it followed the lead of the executive in national
security or politically sensitive cases. There also were credible
reports that judges were corrupt. It was common for judges open to
bribery to distort the merits of a case. Judges also reportedly
accepted bribes in the form of money and sexual favors. The judiciary
was slow and inefficient.
The formal judicial system is headed by a Supreme Court and
includes the Court of Appeals, lower courts, and a constitutional
council. The law grants the president the power to replace the head of
the Supreme Court after a new parliament is convened.
Trial Procedures.--The law provides for the right to public trial,
although key evidence sometimes was given secretly. Juries are used
only in trials at the Court of Assizes, which meets on an ad hoc basis
to try criminal cases. The Court of Assizes, which had not met since
2002 due to a lack of funds to pay salaries, resumed operations on
September 2.
The Government did not always respect the presumption of innocence.
Those convicted have the right of appeal, although higher courts rarely
overturned verdicts. Defendants accused of felonies or capital crimes
have the right to legal counsel. Other defendants may also seek legal
counsel, but it is not obligatory. The judicial system provides for
court appointed attorneys; however, no free legal assistance was
available, aside from infrequent instances in which members of the bar
provided pro bono advice to defendants for limited periods.
Defendants have the right to be present at their trial, but they
may not present witnesses or evidence on their behalf or question any
witnesses brought to testify against them. Defendants may not access
government-held evidence, though their attorneys have the legal right
to do so. Courts may try defendants in their absence.
In rural areas traditional institutions often administered justice
at the village level, handling domestic disputes and minor land
questions in accordance with customary law. Dispute resolution was by
extended debate, with no known instance of resort to physical
punishment. The formal court system increasingly superseded these
traditional mechanisms. The law specifically provides for a grand
mediator, appointed by the president, to bridge traditional and modern
methods of dispute resolution. Grand mediators did not operate during
the year.
Military courts did not try civilians. Although there were no
appellate courts within the military court system, persons convicted by
a military tribunal may petition the Supreme Court to set aside the
tribunal's verdict and order a retrial.
There was little available information on the judicial system used
by the FN in the northern and western regions. There were no
developments in the case of the 2007 executions of Seydou Traore and
several other persons who were allegedly plotting to overthrow the
Government with the help of exiled military leader Sergeant Ibrahim
Coulibaly.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent judiciary in civil matters; however, the
judiciary was subject to corruption, outside influence, and favoritism
based on family and ethnic ties. Citizens can bring lawsuits seeking
damages for, or cessation of, a human rights violation; however, they
did so infrequently. The judiciary was slow and inefficient, and there
were problems enforcing domestic court orders.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law provide for these rights;
however, the Government did not respect these rights in practice,
although there were fewer reports of violations than in previous years.
Officials must have warrants to conduct searches, must have the
prosecutor's agreement to retain any evidence seized in a search, and
are required to have witnesses to a search, which may take place at any
time; however, in practice police sometimes used a general search
warrant without a name or address.
Security forces monitored private telephone conversations, but the
extent of the practice was unknown. The Government admitted that it
listened to fixed line and cellular telephone calls. Authorities
monitored letters and parcels at the post office for potential criminal
activity, and they were believed to monitor private correspondence,
although there was no evidence of this. Members of the Government
reportedly continued to use students as informants.
The FN continued to use confiscated property and vehicles of civil
servants and those believed to be loyal to President Gbagbo; however,
the FN vacated some of the property they had confiscated in previous
years.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, but the Government restricted
these rights in practice. Following the 2002 rebellion, the Government
reduced press freedoms in the name of patriotism and national unity.
Journalists continued to practice self-censorship for fear of
retribution. Government officials aggressively used the court system to
punish critics.
On January 23, President Gbagbo signed a decree nominating new and
independent boards of directors for the organizations that publish the
Government's daily newspaper, Fraternite Matin, and control the
national radio and television network, Radiodiffusion Television
Ivoirienne. The positions had been vacant since 2006 when President
Gbagbo dismissed the previous boards of directors and appointed two
acting directors who were allied to his FPI party.
Fraternite Matin, which had the greatest circulation of any daily,
rarely criticized government policy. There were a number of private
newspapers that frequently criticized government policy, the president,
and the ruling party. Most newspapers were politicized and sometimes
resorted to fabricated stories to defame political opponents.
On January 5, officials charged Antoine Assale Tiemoko, the
chairman of a small NGO, with defamation for publishing a paper on
judicial corruption in the country. He was sentenced to one year's
imprisonment and paid a fine of 600,000 CFA (approximately $1,200). At
year's end Tiemoko was still in MACA serving his sentence.
On December 13, police arrested Ebenezer Viwami, editor of Alerte
Info, an independent news agency based in Abidjan, for allegedly
publishing false information on a riot at the central prison in Abidjan
which occurred the same day. Viwami was released without charge on
December 18.
Private radio stations did not have complete control over their
editorial content. National broadcast regulations prohibit the
transmission of any political commentary. The Government used the
National Audiovisual Communication Council (CNCA), controlled by the
ruling party, to closely monitor Radio Nostalgie because the major
shareholders of the company were close to RDR president Alassane
Ouattara. The CNCA also banned Radio France International (RFI) from
operating in the country for three months during the year, stating that
its broadcasts were biased because RFI lacked an in-country
correspondent. The CNCA lifted the ban after a permanent RFI
correspondent arrived in Abidjan in May.
The Government did not interfere with UNOCI's radio station, ONUCI-
FM. However, like the approximately 121 proximity/community radios in
Cote d'Ivoire, ONUCI-FM's 19 proximity/community radio partners are
subject to national regulations, which prohibit the transmission of
politically related messages.
The Government and the ruling FPI continued to exercise
considerable influence over the official media's television program
content and news coverage. During the year opposition leaders
frequently complained that the official media did not accord the
opposition equal television airtime.
There were no new developments in the 2007 cases of newspaper
publisher Denis Kah Zion or editor Andre Silver Konan, who both
remained in prison for ``contempt of the head of state'' at year's end.
The media played a role in inflaming tensions, and newspapers
backed by political parties published inflammatory editorials and
created a climate of hostility toward political opponents. The Ivoirian
Observatory on Press Freedom and Ethics and the National Press
Commission, which enforced regulations regarding creation, ownership,
and freedom of the press, regularly published press releases urging
journalists to be more moderate.
Members of the security forces continued to harass and beat
journalists. Outspoken members of the press, particularly those working
for opposition party newspapers, continued to suffer physical
intimidation from groups aligned with the ruling FPI party.
The Government harassed and imprisoned foreign journalists.
In January French freelance journalist Jean-Paul Ney was arrested
on charges of threatening national security after video footage he
allegedly shot of coup preparations by exiled army sergeant Ibrahim
Coulibaly surfaced on the Internet. On September 23, Ney allegedly
attempted suicide while incarcerated. His trial had not begun by year's
end, and he remained in prison in Abidjan.
In July members of the president's Republican Guard harassed and
brutalized RFI correspondent Norbert Navarro to prevent him from
covering a cabinet meeting at the presidential palace. The prime
minister's office negotiated with the guards and secured his release.
No action was taken against progovernment youth groups who
attacked, threatened, arrested, or harassed journalists in previous
years. There were no reports during the year that the Young Patriots
attacked journalists, destroyed issues of independent and opposition
newspapers, or threatened newspaper vendors.
The law authorizes the Government to initiate criminal libel
prosecutions against officials. In addition the state may criminalize a
civil libel suit at its discretion or at the request of the plaintiff.
Criminal libel was punishable by three months to two years in prison.
The FN broadcast their own programming into FN-held territory from
Bouake, which included radio and television shows that were heard in
towns and villages around Bouake and, according to some reports, in the
political capital, Yamoussoukro. In the western part of the country,
the FN broadcast on a local radio station from Man. The FN continued to
allow broadcasts of government television or radio programs in their
zones. The FN also allowed distribution of all progovernment newspapers
and most independent newspapers in their territory.
No action was taken against FN members who beat, harassed, and
killed journalists in previous years.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chatrooms. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail. Citizens had
access to the Internet at Internet cafes, but home access was
prohibitively expensive for most persons.
Academic Freedom and Cultural Events.--The Government restricted
academic freedom. The Student Federation of Cote d'Ivoire (FESCI), the
progovernment militant student group created in the early 1990s,
generated a climate of fear and intimidation at universities and
secondary schools and regularly stopped classes, forced students to
attend meetings, and threatened professors who interfered in their
activities. The Government controlled most educational facilities, and
a presidential decree required authorization for all meetings on
campuses.
Many prominent scholars active in opposition politics retained
their positions at state educational facilities; however, some teachers
and professors suggested that they had been transferred, or feared that
they could be transferred, to less desirable positions because of their
political activities. According to student union statements, security
forces continued to use students as informants to monitor political
activities at the University of Abidjan.
Violent attacks by FESCI against students and teachers continued
during the year.
On February 8, the UNOCI Human Rights Office conducted a field
mission to the Oume region in response to clashes between FESCI and
students attending the Lycee Scientifique. UNOCI reported that 15
students suffered head and back injuries as a result of the clashes,
which occurred on February 6. During its mission, UNOCI documented
several cases presented by seven human rights clubs indicating that
FESCI members on schools campuses had threatened and forcibly collected
money from other students.
On May 7, Human Rights Watch presented a report entitled The Best
School: Student Violence, Impunity, and the Crisis in Cote d'Ivoire,
which documented numerous cases of violence, extortion, racketeering,
torture, summary execution, and rape committed with total impunity by
FESCI members.
On October 13, 12 members of FESCI allegedly attacked and severely
beat a 34-year-old university professor in Abidjan. Because no action
was taken against the perpetrators, teachers went on strike to protest
alleged FESCI abuses for one week beginning October 27.
No action was taken against FESCI members responsible for violent
incidents reported in previous years.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law allows for freedom of assembly; however, the
Government sometimes restricted this right in practice. Groups that
wished to hold demonstrations or rallies in stadiums or other enclosed
spaces were required by law to submit a written notice of their intent
to the Ministry of Security or the Ministry of Interior three days
before the proposed event. No law expressly authorizes the Government
to ban public meetings or events for which advance notice has been
given in the required manner, but the Government prohibited specific
events deemed prejudicial to public order. Even if authorization for an
event was granted, the Government could later revoke it. In 2006
President Gbagbo renewed a ban on all forms of outdoor public
demonstrations in Abidjan. The ban had not been lifted at year's end.
There were no reports that security forces harassed and detained
RDR members who tried to meet.
Police forcibly dispersed antigovernment demonstrations, which
resulted in injuries. On March 31, riot police injured 10 persons
demonstrating against the rising prices of basic products such as rice
and cooking oil.
There were no developments in cases from previous years in which
police used force to disperse demonstrations.
Six persons were injured, two of them seriously, and 44 arrested
when FN soldiers forcibly stopped a demonstration by redeployed civil
servants in Korhogo who were protesting against the nonpayment of their
resettlement allowances. The civil servants launched a 96-hour strike
on October 21.
Freedom of Association.--The law provides for freedom of
association, and the Government generally respected this right;
however, the law prohibits the formation of political parties along
ethnic or religious lines, both of which were, however, key factors in
some parties' membership.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right.
Although the country's political conflict lay along ethnic rather than
religious lines, political and religious affiliations tended to follow
ethnic lines. Consequently, religious affiliation was an important
marker of political alliance. The targeting of Muslims suspected of
rebel ties continued to diminish during the year.
There is no state religion; however, for historical reasons,
government officials informally have favored Christianity, in
particular the Catholic Church. Catholic schools receive government
subsidies, for example.
Some Muslims believed that their religious or ethnic affiliation
made them targets of discrimination by the Government with regard to
both employment and the renewal of national identity cards. As northern
Muslims shared names, style of dress, and customs with several
predominantly Muslim neighboring countries, they sometimes were accused
wrongly of attempting to obtain nationality cards illegally to vote or
otherwise take advantage of citizenship. This created a hardship for
many Muslim citizens.
The law requires religious groups desiring to operate in the
country to register; however, registration was granted routinely.
Societal Abuses and Discrimination.--The Jewish community in Cote
d'Ivoire numbered less than 100 persons. There were no reports of anti-
Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf.rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law do not
provide specifically for freedom of movement, foreign travel,
emigration, or repatriation, and the Government restricted freedom of
movement during the year. There were frequent restrictions on internal
travel. A curfew remained in place, prohibiting citizens from entering
and leaving Yamoussoukro and Abidjan city limits between midnight and
5:00 a.m. Security forces, local civilian ``self-defense'' committees,
and water, forestry, and customs officials frequently erected and
operated roadblocks on major roads where they regularly extorted money
from travelers.
Persons living under FN authority continued to face harassment and
extortion when trying to travel between towns and to and from the
Government-controlled south. Security forces also victimized
northerners when they tried to cross into the zone under government
control. The cost of either paying one's way through the various
barricades or hiring a money runner to do so was substantial.
Government officials reported the roundtrip cost for citizens in the
north to travel from Bouake and other cities to Yamoussoukro to cash
paychecks to be between 20,000 to 30,000 CFA ($40-60). A money courier
or informal banking service cost either 5000 CFA ($10) or a flat
percentage of the amount transferred.
By year's end approximately 70 percent of the private banks and
government financial services had reopened in the north, thus making it
unnecessary for many workers and retirees to travel to Bouake for
banking operations. In the west, the situation remained unchanged:
private banks and government financial services had not yet resumed
operation.
The law specifically prohibits forced exile, and no persons were
exiled forcibly during the year.
Internally Displaced Persons (IDPs).--There were large numbers of
IDPs in the country as a result of the 2002 crisis. The most recent IDP
data from the UN Population Fund estimated the total number of IDPs in
the country to be 709,000. More than 90 percent of IDPs lived with host
families, and almost 70 percent were located in Abidjan. However, other
humanitarian organizations and donors noted that these statistics
included IDPs who maintained access to their government salaries even
after their displacement.
During the crisis progovernment and rebel forces did not generally
target civilians, but ethnic conflict and fighting forced many persons
to flee the zones of conflict, and others simply felt uncomfortable
living on the side of the divided country where they initially found
themselves. Roadblocks and toll collection points made it difficult for
civilians to move throughout the country. IDPs continued to place heavy
burdens on host communities, especially given the prolonged nature of
the crisis.
Since the signing of the OPA in March 2007, important strides made
toward peace promoted spontaneous and assisted returns of IDPs to their
homes. At year's end the UN Office for the Coordination of Humanitarian
Affairs estimated that approximately 76,000 IDPs had returned to their
villages in the west and 45,000 were still living with host families
and continued to require assistance.
Government assistance, especially in the north and west where civil
servants and infrastructure were only partially in place, did not meet
the needs of these IDPs. International and local NGOs worked to fill
the gap.
The Ministry of Foreign Affairs and the Ministry of Solidarity and
War Victims worked closely with UN agencies on IDP issues to ensure
that the country's plans for IDP resettlement conformed to UN internal
displacement guidelines.
During the year UN agencies and local authorities continued to
facilitate the small-scale return of IDPs to several locations in the
west of the country. As of September 4, the International Office for
Migration estimated that 150 IDPs, mostly of Burkinabe origin, remained
at the Guiglo Temporary Center for Assistance to Displaced People,
despite its closure on July 31. The Government had not addressed this
situation by year's end.
New population displacements continued on a regular basis in the
western region, particularly in the area around Guiglo and in the
former ZOC, although on a much smaller scale than had occurred in
previous years.
Protection of Refugees.--The constitution and law provide for the
granting of asylum or refugee status in accordance with the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol,
and the Government has established a system for providing protections
to refugees. The Government is signatory to the 1969 Organization of
African Unity Convention Governing Specific Aspects of Refugee Problems
in Africa, and the law provides for asylum status to be granted in
accordance with this convention.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government granted refugee status and
asylum. The Government also cooperated with the UN High Commissioner
for Refugees (UNHCR) and other humanitarian organizations in assisting
refugees and maintained an office charged with aiding refugees and
stateless persons.
The Government also provided temporary protection for individuals
who may not qualify as refugees under the 1951 Convention or the 1967
protocol.
Many of the country's refugees are Liberians. Individual security
officers occasionally did not honor identity documents issued to
refugees by the Government or by the UNHCR. There were fewer reports
than in previous years that security forces destroyed refugees'
identity documents or arbitrarily detained, verbally harassed, and beat
refugees at checkpoints; however, these abuses occurred.
Liberians who arrived in the country before the 2003 peace
agreement in Liberia benefited from group eligibility and received
temporary refugee cards. Liberians who arrived in the country after the
peace agreement did not receive temporary cards. Under certain
circumstances, some asylum seekers who were not granted refugee status
by the Government were provided refugee certificates by the UNHCR. The
identity card law includes a provision for identity cards to be issued
to non-Liberian individuals older than 14 whose refugee status has been
granted by the National Eligibility Commission.
The Government began facilitating local integration for refugees in
protracted situations. The National Office of Identification, together
with the UNHCR and the Ivoirian Refugee and Stateless Persons Aid and
Assistance Office, continued to provide refugee identity cards to
undocumented Liberian refugees, which allowed them to legally reside
and work in the country for the duration of their refugee status.
Refugees also had access to naturalization.
The Government continued to assist the safe, voluntary return of
refugees to their homes. At year's end UNHCR found that 24,256 Liberian
refugees and 555 refugees from other countries still remained in the
country.
Stateless Persons.--In the absence of reliable data, the scale of
statelessness in the country was unclear but thought to be in the
thousands. The country had habitual residents who were either legally
stateless or de facto stateless, and the Government had not effectively
implemented laws and policies to provide such persons the opportunity
to gain nationality on a nondiscriminatory basis.
Citizenship is derived from one's parents rather than by birth
within the country's territory, and birth registration was not
universal.
During the year the UNHCR continued to work with the ministries of
justice and interior to raise awareness of statelessness.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide for the right of citizens to
change their government peacefully through democratic means; however,
citizens were prevented from exercising this right in practice.
President Gbagbo and the National Assembly remained in office at year's
end despite the expiration of their term in 2005.
During the year implementation of the OPA faltered on several key
areas, including election preparations. On November 10, the Permanent
Consultation Framework for the OPA met and confirmed that the
presidential election scheduled for November 30 would not take place.
The CEI had not announced a new date for the election at year's end.
Elections and Political Participation.--The 2000 election in which
President Laurent Gbagbo came to power followed several postponements
and a controversial Supreme Court decision disqualifying 14 of the 19
candidates, including RDR leader Ouattara and former president Bedie,
president of the PDCI. As a result of the Supreme Court rulings, most
international election observers declined to monitor the election.
Preliminary results showed Gbagbo leading by a significant margin.
However, an interior ministry and National Elections Commission (CNE)
official announced the CNE's dissolution and declared General Guei the
victor with 56 percent of the vote. Mass demonstrations by Gbagbo
supporters erupted, resulting in numerous deaths and injuries. The next
day, national radio and television reported that General Guei had
stepped down and that Laurent Gbagbo had assumed the presidency.
Citizens' ability to elect National Assembly representatives was
limited.
The 2000 National Assembly election was marred by violence,
irregularities, and a very low participation rate. In addition the
election could not take place in 26 electoral districts in the north
because RDR activists disrupted polling places, burned ballots, and
threatened the security of election officials.
Following the legislative by-elections in 2001, 223 of the 225
seats of the National Assembly were filled.
Women held 19 of 225 seats in the last elected National Assembly,
whose mandate expired at the end of 2005. The first vice president of
the National Assembly was a woman. Women held four of the 33
ministerial positions in Prime Minister Soro's cabinet. Of the 41
Supreme Court justices, four were women. Henriette Dagri Diabate served
as secretary general of the RDR, the party's second ranking position.
Presidential and parliamentary elections previously scheduled for
2005 based on UN resolutions were not held due to the lack of political
reconciliation and progress in the disarmament, demobilization, and
reintegration program.
In March 2007, following several failed political accords,
President Gbagbo and FN rebel leader Guillaume Soro signed the OPA,
which established a transitional government with Soro as prime minister
and called for presidential elections in 2008.
With the signing of the OPA, the country began to take steps toward
reconciliation. On April 23, 37 political parties signed the Ivoirian
Political Party Code of Conduct. By year's end nearly 90 percent of the
civil administration displaced from the north during the conflict had
redeployed, although many still were limited by the FN in their ability
to exercise administrative authority, and the Government had completed
nationwide public identity hearings to issue birth certificates to
unregistered citizens and noncitizens older than 13.
On September 15, the Government began the identification process
for all persons, except citizens of the Economic Community of West
African States countries, older than 16 living in the country and the
voter registration process for persons older than 18. The president of
the Independent Electoral Commission (CEI) stated that the
identification and voter registration process was to last 45 days.
Members of FESCI reportedly broke into several registration
centers, assaulted enrollment agents, and stole equipment. On October
23, the CEI suspended the registration process for five days.
Despite these difficulties, more than two million voters were
registered in Abidjan alone in less than three months.
Due to technical, logistical, and financial difficulties, the
process remained ongoing at year's end.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials frequently engaged in
corrupt practices with impunity. Corruption had the greatest impact on
judicial proceedings, contract awards, customs and tax issues, and
accountability of the security forces (see also section 1.e.).
In June the Government arrested 23 cocoa and coffee industry
officials in connection with the alleged embezzlement of 100 billion
CFA (approximately $200 million) in state funds. From October 20 to 24,
the public prosecutor conducted hearings with five ministers in
connection with the case. The accused officials were being held in MACA
at year's end, awaiting trial.
A criminal trial on the 2006 toxic waste spill which killed 16
persons and poisoned several thousand in Abidjan was held September 29
to October 22. Twelve persons were charged, but only nine were tried
since three disappeared after being released on bail. Two persons were
found guilty: the head of the transportation company that dumped the
waste throughout Abidjan and the head of the shipping company that
contracted for the waste to be removed from the port. Under an
agreement between the Government and the freight company, Probo Koala,
which was responsible for treating the waste, no senior member of the
freight company was required to stand trial.
The Ivoirian government also received a 100-billion-CFA
(approximately $200 million) settlement, which it distributed to
victims through the Humanitarian Cell in the Office of the Presidency.
The cell established a list of 100,000 victims entitled to
compensation, based on lists provided by hospitals.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups,
including the Ivoirian League for Human Rights (LIDHO) and the Ivoirian
Movement for Human Rights (MIDH), generally operated without government
restriction, investigating and publishing their findings on human
rights cases. Government officials were somewhat cooperative and
responsive to their views. The Government occasionally met with some of
these groups.
During the year UNOCI, LIDHO, MIDH, Action for the Defense of Human
Rights (APDH), and other human rights groups gathered evidence and
testimony on human rights cases, published information in independent
local daily newspapers, and criticized government security forces.
On May 5 and July 16, a group of assailants ransacked LIDHO's
headquarters, stealing computer equipment containing nearly all of the
organization's files, documents, and information on cases. Although a
formal complaint was filed, the police did not conduct an
investigation. LIDHO filed a complaint with a judge; however, at year's
end, the case was still pending.
FESCI continued to threaten and harass human rights groups;
however, the Government took no action against the student group for
the destruction of LIDHO and APDH headquarters in May 2007.
No investigations were conducted into threats and harassment of
members of human rights organizations in previous years.
Progovernment militia, unhindered by government security forces,
blocked UN and French peacekeeping forces from conducting activities in
government-controlled areas, although there were fewer such reports
than in the previous year. There were no developments in the 2007 case
of Young Patriots attacking and vandalizing a UN vehicle or in the 2006
case of progovernment demonstrators attacking vehicles belonging to
then-prime minister Banny, a French embassy official, and the UN.
During the year the Government regularly permitted the World Food
Program, the ICRC, and other international organizations to conduct
humanitarian operations. Eleven UN agencies, including the
International Labor Organization (ILO) and the World Health
Organization, were resident and active throughout the year. There were
no reports that the Government restricted their access to certain areas
deemed sensitive or denigrated their work.
On May 25-27, the deputy UN high commissioner for human rights
visited the country and highlighted progress on respect for human
rights.
After seven years of attempts to get a functional and independent
human rights commission off the ground, the country launched its
National Commission for Human Rights in July. The commission is made up
of 44 members, 10 of whom are from political parties that were
signatories to the 2003 Linas-Marcoussis Agreement. The commission
received a small budget and had few resources.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, ethnicity, national
origin, sex, or religion; however, the Government did not effectively
enforce the law.
Women.--The law prohibits rape and provides for prison terms of
five to 10 years; however, the Government did not enforce this law in
practice. Claims were most frequently brought against child rapists. A
life sentence can be imposed in cases of gang rape if the rapists are
related to or hold positions of authority over the victim or if the
victim is under 15 years of age. The law does not specifically penalize
spousal rape. Rape was a problem. Since January 2007, for example, the
Court of Abidjan has received an average of 16 cases of child rape per
month.
Women's advocacy groups continued to protest the indifference of
authorities to female victims of violence. Women who reported rape or
domestic violence to the police were often ignored. Many female victims
were convinced by their relatives and police to seek an amicable
resolution with the rapist rather than pursue a legal case. The
Ministry of Family and Social Affairs sought justice on behalf of rape
victims, but as of September 30, only nine persons had officially been
convicted and sentenced for rape. Twenty-one additional persons accused
of rape were sentenced for ``immoral offense.''
There were increased reports of unidentified highway bandits raping
and sexually assaulting women in the western part of the country,
especially along the Duekoue-Bangola road.
On August 28, three unidentified individuals armed with
Kalashnikovs raped a woman in the Zohode encampment in Binao village.
On September 18, four assailants armed with AK-47 machine guns
broke into the home of a trader in Duekoue, shot him in the arm, and
raped his two daughters.
The law does not specifically outlaw domestic violence, which
continued to be a serious problem throughout the country. However,
penalties for assault provided for prison terms of one to 20 years,
depending on the extent of the offense. Government enforcement of
domestic violence complaints remained minimal, however, partially
because the courts and police viewed domestic violence as a problem to
be addressed within the family. The exception was if serious bodily
harm was inflicted or the victim lodged a complaint, in which case
criminal proceedings could be initiated. Many victims' own parents
often urged withdrawal of a complaint because of the effect of social
stigma on the family. As of September, the National Committee to Fight
Violence Against Women and Children (CNLV) had handled 19 cases of
battered wives and 10 cases of forced and early marriage during the
year.
During the year the Ministry of Family and Social Affairs continued
to provide limited assistance to victims of domestic violence and rape.
The ministry's support included providing government-operated
counseling centers with computers, printers, and other equipment for
record-keeping and visiting a few victims in their homes to attempt to
reconcile troubled couples and to remove domestic servants from homes
in which they had been sexually abused.
The CNLV did not operate a shelter or a hotline for abused women.
Instead, committee members gave out their own cell phone numbers on
weekly radio programs. The committee also monitored abusive situations
through frequent home visits. Young girls who feared becoming victims
of abuse, FGM, or forced marriage could appeal to the committee. The
committee often stopped abuse by threatening legal action against
offending parents or husbands.
In May, June, and July, the Government held awareness-raising
seminars on sexual violence for more than 1,000 judges and security
personnel. In August the Government conducted similar seminars for
traditional kings, chiefs, and religious leaders. As a result of the
seminars, some security forces reportedly modified their behavior to
provide victims with greater privacy, and courts began recording the
testimony of rape victims who are minors in private. Judges also
increased the provision of statistics and information on cases to
enable the CNLV to follow up with victims.
Other cases of societal violence against women included FGM, dowry
deaths, levirat (forcing a widow to marry her dead husband's brother),
and sororat (forcing a woman to marry her dead sister's husband).
Prostitution is legal between consenting adults in private, and the
practice was reported to be increasing due to worsening economic
conditions. Soliciting and pandering are illegal. There were credible
reports that police demanded bribes or sexual favors for allowing
prostitution.
The law prohibits sexual harassment; however, the Government rarely
enforced the law and such harassment was widespread and routinely
accepted as a cultural norm. The penalties for sexual harassment are
between one and three years' imprisonment and a fine ranging between
360,000 and one million CFA (approximately $720-2,000). During the year
the Government initiated one case against a prospective employer who
sexually harassed a runner-up in the 2008 Miss Cote d'Ivoire pageant.
He was tried and sentenced to one month in prison.
The law prohibits discrimination on the basis of gender; however,
women experienced economic discrimination in access to employment,
credit, and owning or managing businesses. Women occupied a subordinate
role in society. Government policy encouraged full participation by
women in social and economic life; however, there was considerable
resistance among employers in the formal sector to hiring women, who
were considered less dependable because of their potential for becoming
pregnant. Some women also encountered difficulty in obtaining loans as
they could not meet the lending criteria established by banks, such as
a title to a house and production of a profitable cash crop.
NGOs supervised efforts to create economic cooperatives to provide
poor women access to small loans from the Government or private
microfinance banks. Women in the formal sector usually were paid at the
same rate as men; however, because the tax code did not recognize women
as heads of households, female workers were required to pay income tax
at a higher rate than their male counterparts. Women's organizations
continued to campaign for tax reform to enable single mothers whose
children have been recognized by their fathers to receive deductions
for their children. Inheritance law also discriminated against women.
Women's advocacy organizations continued to sponsor campaigns
against forced marriage, marriage of minors, patterns of inheritance
that excluded women, and other practices considered harmful to women
and girls. Women's organizations also campaigned against legal
provisions that discriminated against women. The Coalition of Women
Leaders and the Ministry of Family and Social Affairs continued their
efforts to promote greater participation of women in political
decision-making and in presenting themselves as candidates in
legislative and municipal elections.
Children.--The ministries of public health, public administration,
and social security sought to safeguard the welfare of children, and
the Government also encouraged the formation of NGOs to promote
children's interests.
The law provides parents a three-month period to register their
child's birth for a fee of approximately 500 CFA (approximately $1.00).
The Government registered all births, as long as parents submitted
documentation from a health clinic or hospital attesting that a birth
had occurred. People without proper identification documents, however,
could not register births, as identification is required to do so.
Primary education was not compulsory and usually ended when
children reached 13 years of age; however, it was tuition-free. In
principle students did not have to pay for books or fees; however, some
still did so or rented books from street stalls because the Government
did not cover school fees and books for every student. Students who
failed secondary school entrance exams did not qualify for free
secondary education, and many families could not afford to pay for
schooling.
Parental preference for educating boys rather than girls persisted,
particularly in rural areas. According to a study published by the
National Institute for Statistics in March 2007, the national schooling
rate for primary school children in 2006 was 55 percent, with a 59
percent attendance rate for boys and a 51 percent rate for girls.
Teachers sometimes demanded sexual favors from students in exchange
for money. The penalty for statutory rape or attempted rape of a child
under the age of 16 was a prison sentence of one to three years and a
fine of 100,000 to one million CFA (approximately $200 to $2,000), but
there were no arrests or convictions under this law during the year.
FGM was a serious problem. The law specifically forbids FGM and
provides penalties for practitioners of up to five years' imprisonment
and fines of approximately 360,000 to two million CFA (approximately
$720 to $4,000). Double penalties apply to medical practitioners. An
estimated 60 percent of women had been subjected to the procedure. FGM
was practiced most frequently among rural populations in the north and
west and to a lesser extent in the center and south. FGM usually was
performed on girls before or at puberty as a rite of passage. Local
NGOs, such as the Djigui Foundation, Animation Rurale de Korhogo, and
the National Organization for Child, Woman, and Family, continued
public awareness programs to prevent FGM and worked to persuade FGM
practitioners to stop the practice. No arrests related to FGM were made
during the year.
There were no developments in the 2006 case in which the FN
arrested and later released without charge a mother and the FGM
``cutters'' who had mutilated, or partially removed, the genitalia of
the woman's three-year-old daughter, who later required medical
attention.
The law prohibits the marriage of men under the age of 20, women
under the age of 18, and persons under the age of 21 without the
consent of their parents. However, in conservative communities-
particularly those in the north-traditional marriages were commonly
performed with girls as young as 14. The law specifically penalizes
anyone who forces a minor under 18 years of age to enter a religious or
customary matrimonial union.
Children engaged in prostitution for survival without third-party
involvement. No nationwide study has been conducted on the phenomenon,
and the extent of the problem was unknown.
There were no reports during the year that progovernment militias
or rebel forces recruited and used children as soldiers on either a
voluntary or a forced basis. In December 2007 the UN secretary-
general's special representative on children in armed conflict removed
the names of four progovernment militias and the FN from the annexes of
the secretary-general's report on children in armed conflict.
There were many thousands of children living on the streets,
including approximately 5,000 in Abidjan. NGOs dedicated to helping
street children found it difficult to estimate the extent of the
problem and whether or not these children had access to government
services.
Trafficking in Persons.--The constitution and law do not prohibit
trafficking in persons, and, despite government antitrafficking
efforts, trafficking in persons remained a problem.
The country was a source and destination country for trafficking in
women and children. Women and children were trafficked from Nigeria,
Niger, Mali, Burkina Faso, Ghana, Togo, Benin, Guinea-Bissau, and
Mauritania for the purposes of sexual exploitation and forced
commercial, agricultural, and domestic servitude. Women and children
were also trafficked from the country to other African, European, and
Middle Eastern countries for sexual exploitation and agricultural and
domestic labor. The full extent and nature of trafficking in persons in
the country was unknown despite efforts to document the problem. There
was no reliable estimate on the number of children intercepted or
repatriated during the year.
The informal labor sectors were not regulated under existing labor
laws; as a result, domestics, most nonindustrial farm laborers, and
those who worked in the country's broad range of street shops and
restaurants remained outside formal government protection. Internal
trafficking of girls ages nine to 15 to work as household domestics in
Abidjan and elsewhere in the more prosperous south remained a problem.
Traffickers of local children often were relatives or friends of the
victim's parents. Traffickers sometimes promised parents that the
children would learn a trade, but they often ended up on the streets as
vendors or working as domestic servants.
Due to the economic crisis, many parents allowed their children to
be exploited to minimize the financial burden on the family. Because
security forces were trained to search buses for trafficked children,
traffickers continued to adapt their methods, such as by relocating a
small number of children at a time by bicycle or train or on foot
rather than moving large groups of children into the country by bus.
Organized trafficking rings promised Nigerian women and girls that
they would have jobs in restaurants and beauty salons in Abidjan;
however, many of these victims were forced to work in brothels.
Children were trafficked into the country from neighboring
countries to work in the informal sector in exchange for finder's fees.
They were also trafficked to or within the country to work full- or
part time in the cocoa sector.
Traffickers can be prosecuted under laws prohibiting kidnapping,
forced labor, and mistreatment; however, there was minimal law
enforcement in government-held territories, and traffickers rarely were
prosecuted.
The Government cooperated with international investigations of
trafficking.
The National Committee for the Fight Against Trafficking and Child
Exploitation was created in 2006 to coordinate the Government's
implementation of the multilateral cooperative agreement signed in 2005
by 10 West African countries. The committee included representatives
from numerous government ministries and representatives from several
national and international organizations and NGOs, including the UN
Children's Fund, the ILO, Save the Children, the International Cocoa
Foundation, the German Cooperation Agency, the Network of African Women
Ministers and Parliamentarians-Cote d'Ivoire, and the International
Catholic Child Bureau. The national committee met at least three times
during the year, and the Government continued to establish village
level watch committees as part of the child trafficking monitoring
system component of the 2005 agreement.
Persons With Disabilities.--The law requires the Government to
educate and train persons with physical, mental, visual, auditory, and
cerebral motor disabilities, to hire them or help them find jobs, to
design houses and public facilities for wheelchair access, and to adapt
machines, tools, and work spaces for access and use by persons with
disabilities; however, wheelchair-accessible facilities for persons
with disabilities were not common, and there were few training and job
assistance programs for persons with disabilities. The law also
prohibits acts of violence against persons with disabilities and the
abandonment of such persons; however, there were no reports that the
Government enforced these laws during the year.
No arrests were made in the September 2007 case of several members
of the National Federation of the Handicapped of Cote d'Ivoire who were
beaten for protesting the Government's failure to recruit more persons
with disabilities in the civil service.
There were no reports during the year that adults with disabilities
were specific targets of abuse, but they encountered serious
discrimination in employment and education. During the year the
Government recruited 300 persons with disabilities for civil service
jobs and announced that it would continue to recruit 100 disabled
persons every year thereafter. The Government financially supported
special schools, associations, and artisans' cooperatives for persons
with disabilities, but many persons with physical disabilities begged
on urban streets and in commercial zones for lack of other economic
opportunities. Persons with mental disabilities often lived on the
street.
The Ministry of Family and Social Affairs and the Federation of the
Handicapped were responsible for protecting the rights of persons with
disabilities.
National/Racial/Ethnic Minorities.--The country's population was
ethnically diverse, and ethnic groups sometimes practiced societal
discrimination against others on the basis of ethnicity. At least one-
quarter of the population was foreign. Outdated or inadequate land
ownership laws resulted in conflicts with ethnic and xenophobic
overtones. There were reported clashes, usually over land tenure,
between the native Guere populations and other groups.
Police routinely abused and harassed noncitizen Africans residing
in the country. Harassment by officials reflected the common belief
that foreigners were responsible for high crime rates and instances of
identity card fraud. Harassment of northerners, which increased
markedly after the 2002 rebellion, continued to decline from the
previous year.
Resident French and Burkinabe nationals continued to minimize their
public exposure to protect themselves from harassment by security
forces at checkpoints. There were no reports of harassment of French
citizens. There were reports during the year that some harassment
shifted to Lebanese merchants.
Ethnic tensions in the west and southwest continued to lead to
violence. In the west, and in Duekoue and Bangolo in particular, there
continued to be violent clashes between the native We population and
members of the foreign community, particularly Burkinabe farmers.
Several incidents of ethnic violence resulted in deaths.
On September 2, a land dispute between villagers from Abouabou and
Gonzagueville turned violent, leaving seven dead and eight others with
serious injuries, including one victim whose hand was hacked off with a
machete. Abidjan police arrested three persons in relation to the
incident.
On September 3 and 5, eight persons were killed, 21 wounded, and
400 displaced in two violent confrontations between the Lobi and
Koulangou communities in the eastern part of the country. A group of 60
Lobi attacked the Koulangou with machetes, 12-caliber rifles, and
knives, and then burned down their homes in retaliation for the death
of a Lobi. No arrests were made. Village leaders from the two
communities settled the dispute at a reconciliation meeting on
September 13, in which the Lobis made a symbolic donation of 70,000 CFA
(approximately $140) and food items to the Koulangous.
There were no developments in the January 2007 killing of
businessman Sangare Adama.
On July 31, the Government adopted a new law on xenophobia, racism,
and tribalism, making these forms of intolerance punishable by
imprisonment.
Other Societal Abuses and Discrimination.--The law did not provide
for the protection of homosexuals from societal and other forms of
discrimination. Societal stigmatization of homosexuals was widespread,
and the Government did not act to counter it during the year.
The law did not provide for the protection of persons living with
HIV/AIDS from societal and other forms of discrimination. Societal
stigmatization of persons living with HIV/AIDS was widespread. The
Ministry of Health provided nationwide access to free HIV testing and
antiretroviral treatment, and the Ministry of Education incorporated
lesson plans and classroom activities to reduce social stigma and
vulnerability into the curriculum for all students, including students
in the former FN-held zones.
Section 6. Worker Rights
a. The Right of Association.--The law allows all citizens, except
members of the police and military services, to form or join unions of
their choice without excessive requirements, and workers exercised
these rights in practice.
Only a small percentage of the workforce was organized, and most
laborers worked in the informal sector, which included small farms,
small roadside and street-side shops, and urban workshops. However,
large industrial farms and some trades were organized, and there was an
agricultural workers union. Of the 15 percent of workers in the formal
sector, approximately 60 percent were unionized.
The law allows unions in the formal sector, which comprised
approximately 1.5 million workers or 15 percent of the workforce, to
conduct their activities without interference, and the Government
protected this right in practice.
The law provides for the right to strike, and workers generally
exercised this right. However, the law requires a protracted series of
negotiations and a six-day notification period before a strike may take
place, making legal strikes difficult to organize and maintain.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining and grants all citizens, except
members of the police and military services, the right to bargain
collectively. Collective bargaining agreements were in effect in many
major business enterprises and sectors of the civil service. The law
does not prohibit antiunion discrimination by employers or others
against union members or organizers. The Ministry of Labor did not
report any complaints of antiunion discrimination and employer
interference in union functions during the year. There were also no
reports of workers fired for union activities who were not reinstated.
Under the labor law, workers could not be fired for union activities,
and this law was enforced.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and the Government
made efforts to enforce the law during the year. However, such
practices occurred.
Instances of forced labor occurred in the informal labor sectors
which were not regulated under existing labor laws. Thus, domestics,
most nonindustrial farm laborers, and those who worked in street shops
and restaurants remained outside formal government protection. Forced
adult labor occurred in small-scale and commercial production of
agricultural products. There were reports of forced adult labor
practices in rubber production, primarily in the form of long hours and
low-paid work for workers who lived in conditions of de facto
indenture.
Forced child labor occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws against forced labor and the exploitation of children
in the workplace; however, child labor remained a problem. In most
instances the legal minimum working age is 14; however, the Ministry of
Civil Service, Employment, and Administrative Reform enforced this
provision effectively only in the civil service and in large
multinational companies. The law limits the hours worked by young
workers, defined as those younger than 18. However, children often
worked on family farms, and some children routinely acted as vendors,
shoe shiners, errand boys, domestic helpers, street restaurant vendors,
and car watchers and washers in the informal sector in cities. Some
girls as young as nine began work as domestics, often within their
extended family networks. There were reliable reports of children
laboring in sweatshop conditions in small workshops.
Children continued to work under hazardous conditions on cocoa
farms. The national survey published during the year revealed that 89
percent of children in the test areas within the cocoa-growing regions
were involved in cocoa production. The survey showed that a number of
these children were involved or exposed to hazardous conditions,
including cutting trees (5.5 percent), burning fields (16.2 percent),
carrying heavy loads (53.2 percent), applying fertilizer (8.4 percent),
applying pesticides (4.6 percent), and the chemical treatment of
fields/plants (11.5 percent). While a small percentage of the children
working on cocoa farms had no family ties to the farmers, most worked
on family farms or with their parents.
There were no reports during the year that either government
militias or the FN recruited new child soldiers. All Ivoirian groups
were taken off the UN secretary-general's global list of child
recruiters, according to the 2007 annual UN report on children and
armed conflict issued during the year.
The Ministry of Labor is responsible for enforcing child labor laws
and made progress during the year to address the worst forms of child
labor. While enforcement of child labor laws continued to be hindered
by financial constraints and other factors, there were indications that
government efforts, along with those of its international partners, had
a positive effect towards decreasing the worst forms of child labor.
The Ministry of Labor and the prime minister's Child Labor Task
Force supported and collaborated with NGOs and international partners
to combat the worst forms of child labor. The task force continued to
implement a national action plan to combat child labor and trafficking.
Nine government ministries were involved in the effort. The Ministry of
Family and Social Affairs conducted awareness campaigns targeting
children at risk and agricultural regions that employ child labor,
working in coordination with several international NGOs.
During the year NGOs conducted ongoing campaigns to sensitize farm
families about child labor based on the list developed by the
Government of prohibited worst forms of child labor. The Association of
Domestic Worker Placement in Cote d'Ivoire worked to prevent the
exploitation of children in domestic work. Other NGOs campaigned
against child trafficking, child labor, and the sexual abuse of
children.
e. Acceptable Conditions of Work.--Minimum wages varied according
to occupation, with the lowest set at approximately 36,607 CFA ($73.21)
per month for the industrial sector; this wage did not provide a decent
standard of living for a worker and family. A slightly higher minimum
wage rate applied for construction workers. The Government enforced the
minimum wage rates only for salaried workers employed by the Government
or registered with the social security office.
Labor federations attempted to fight for just treatment under the
law for workers when companies failed to meet minimum salary
requirements or discriminated among classes of workers, such as local
and foreign workers. For example, in 2006 the sanitary services company
Ash International, which went out of business during the year, paid
wages as low as 12,000 CFA ($24) per month to female employees who
swept the streets of Abidjan. According to their labor federation,
labor inspectors ignored this violation of the law.
No government action was taken to rectify the large salary
discrepancies between expatriate, non-African employees and their
African colleagues who were employed by the same company.
The standard legal workweek was 40 hours. The law requires overtime
pay for additional hours and provides for at least one 24-hour rest
period per week. The law did not prohibit compulsory overtime. The
Government did not actively enforce the law.
The law provides for occupational safety and health standards in
the formal sector; however, in the large informal sector of the
economy, the Government enforced occupational health and safety
regulations erratically, if at all. Labor inspectors frequently
accepted bribes. Workers in the formal sector have the right to remove
themselves from dangerous work without jeopardy to continued employment
by utilizing the Ministry of Labor's inspection system to document
dangerous working conditions. However, workers in both the formal and
informal sectors could not absent themselves from such labor without
risking the loss of their employment.
Several million foreign workers, mostly from neighboring countries,
typically worked in the informal labor sector, where labor laws were
not enforced. Neither foreign migrant workers nor Ivoirian workers
working in the informal labor sector are covered under current labor
laws.
__________
DJIBOUTI
Djibouti is a republic with a strong elected president and a weak
legislature. It has an estimated population of 660,000. In February
legislative elections, President Ismail Omar Guelleh's five-party
coalition won all 65 National Assembly seats. A three-party opposition
coalition boycotted the race, which international observers from the
African Union and the Arab League considered generally free and fair.
In June Eritrean troops exchanged fire with Djiboutian troops at Ras
Doumeira peninsula, along the Djibouti-Eritrea border, and near the
strategic Bab-al-Mandeb Strait between the Gulf of Aden and the Red
Sea. At year's end Eritrean troops continued to occupy the country's
territory, despite condemnations by the United Nations, the Arab
League, and the African Union (AU). Civilian authorities generally
maintained effective control of the security forces.
The Government's human rights record remained poor, although there
were improvements. Serious problems included difficult but improving
prison conditions; corruption; official impunity; arbitrary arrest and
detention; prolonged pretrial detention; interference with privacy
rights; restrictions on freedom of the press, assembly, and
association; and restrictions on unions. Female genital mutilation
(FGM) remained a serious problem, although nongovernmental organization
(NGO) and government efforts led by the first lady began to have an
effect, especially in Djibouti City.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and the law prohibit such practices;
however, there continued to be occasional unspecific and unconfirmed
allegations that police and gendarmes beat detainees.
Prison and Detention Center Conditions.--Prison conditions
continued to improve, and prison authorities reported increased budget
support. At Gabode Prison, prisoners had adequate access to water and
sanitary facilities, although hygiene in prison kitchen facilities
remained rudimentary. A full-time nurse and a doctor who visited twice
a week provided medical care, although there were reportedly occasional
staffing gaps in assigning a prison doctor. Sick prisoners were held
separately, and prisoners with communicable diseases were segregated
from prisoners with other health problems. Adequate medication was
provided.
In September the Ministry of Justice began training a new
specialized prison guard force to replace the existing National Police
Force guards. Applicants for the new guard force were required to have
at least a high school degree.
Men and women were held separately. Juveniles were held separately
from adult prisoners, and small children were allowed to stay with
their mothers. Convicted prisoners were held separately from those
awaiting trial.
At Nagad detention center, where foreigners were held prior to
deportation, detainees had access to water, food, and medical
treatment. Most detainees were deported within 24 hours of arrest.
The Government granted prison access to the International Committee
of the Red Cross (ICRC) for annual inspections, and prison officials
reported that inspections occurred up to three times a year.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, the Government did not uniformly respect
these prohibitions.
Role of the Police and Security Apparatus.--Security forces include
the National Police Force (FNP) under the Ministry of Interior, the
army, the National Gendarmerie under the Ministry of Defense, and an
elite Republican Guard that protects the president. The FNP is
responsible for internal security and border control. The National
Gendarmerie is responsible for external security but also has some
domestic responsibilities.
Police were generally effective; however, there were isolated
reports of corruption, particularly in the lower ranks where wages were
low. Official impunity was a problem.
Arrest and Detention.--The law requires arrest warrants and
stipulates that the Government may not detain a person beyond 48 hours
without an examining magistrate's formal charge; however, the law was
not always enforced in practice. Detainees may be held another 24 hours
with the prior approval of the public prosecutor. All persons,
including those accused of political or national security offenses,
must be tried within eight months of arraignment. The law also provides
for bail and expeditious trial; however, police occasionally
disregarded these procedures. Detainees have the right to prompt access
to an attorney of their choice; in criminal cases the state provides
attorneys for detainees without legal representation. The law provides
that detainees be promptly notified of the charges against them,
although in practice there were occasional delays. Detainees generally
were allowed access to family members. Lengthy pretrial detentions due
to inefficiencies and staff shortages within the judicial system were a
problem; however, no statistics were available.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, in practice the judiciary was
not always independent of the executive. Constitutional provisions for
a fair trial were not universally respected. The judiciary was subject
to inefficiency and corruption. In March 2007 a government audit of the
judiciary resulted in the dismissal of two magistrates for corruption.
The judiciary is based on the French Napoleonic Code and is
composed of a lower court, an Appeals Court, and a Supreme Court. The
Supreme Court may overrule lower court decisions. Magistrates are
appointed for life terms. The Constitutional Council rules on the
constitutionality of laws, including those related to the protection of
human rights and civil liberties.
The legal system is based on legislation and executive decrees,
French codified law adopted at independence, Islamic law (Shari'a), and
nomadic traditions. Urban crime is dealt with in the regular courts in
accordance with French-inspired law and judicial practice. Civil
actions may be brought in regular or traditional courts. The Family
Code governs the majority of cases pertaining to family and personal
matters, including marriage, divorce, child custody, and inheritance.
Issues that fall under the Family Code are brought to civil court.
Trial Procedures.--Trials generally were public. Legal counsel was
supposed to be available to the indigent in criminal and civil matters,
but defendants often did not have legal representation. The law states
the accused is innocent until proven guilty. A presiding judge and two
accompanying judges hear court cases. The latter receives assistance
from two lay assessors who are not members of the bench but who are
considered to possess sufficient legal knowledge to comprehend court
proceedings. The Government chose lay assessors from the public.
Defendants have the right to be present, confront witnesses, have
access to government-held evidence, and have a right of appeal.
Traditional law often applied in conflict resolution and victim
compensation. For example, traditional law often stipulated that a
price be paid to the victim's clan for crimes such as murder and rape.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--A civil court deals with
all matters related to the Civil Code. Citizens have access to the
courts in cases of civil rights violations. There is arbitration of
civil disputes if the parties agree. In rural areas traditional courts
resolve many civil disputes. There is an administrative law chamber
which mediates disputes between citizens and government authorities.
Court decisions were not always enforced.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and the law prohibit such actions;
however, the Government did not respect these prohibitions in practice.
The law requires that authorities obtain a warrant before conducting
searches on private property, but the Government did not always respect
the law in practice. According to government opponents, the Government
monitored their communications and sometimes cut telephone or
electricity service.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and the law
provide for freedom of speech and of the press; however, the Government
did not respect these rights in practice. There were few media outlets,
and as a result of the application of media and slander laws,
journalists practiced self-censorship. A May 2007 law sets out the
rights and obligations of journalists and protects the right to
organize and strike. Partly in reaction to the law, journalists founded
the Associative Movement of Djiboutian Journalists in April. The East
African Journalists Association (EAJA), a group dedicated to fostering
press freedom, protecting journalists' safety, and promoting regional
conflict resolution, had its headquarters within the country. In July
and August EAJA held a series of capacity building workshops for local
journalists, focusing on organization and planning for journalists'
associations.
The law prohibits dissemination of false information and regulates
the publication of newspapers. The Government owns the principal
newspaper, La Nation, which is published four times a week. Each
registered political party is permitted to publish a public journal or
newspaper. Opposition political groups and civil society activists
occasionally circulated materials critical of the Government, but there
was no regular opposition newspaper.
The Government also owned the radio and television stations. The
official media generally did not criticize government leaders and
government policy. Radio-Television Djibouti (RTD), the official
government station, broadcast 24 hours a day in four languages on the
radio. Foreign media also broadcast throughout the country, and cable
news and other programming were available.
In March RTD sought to terminate the employment contract of RTD and
BBC Somali service correspondent Kaltoum Ali, who had previously been
suspended for three months in 2006 for broadcasting a report that the
ministry of health falsely claimed a case of avian flu to obtain
foreign aid. Ali protested her termination, and RTD invited her to
resume her position in October.
Internet Freedom.--There were few government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
However, the Government reportedly continued to block the Web site of
the Association for Respect of Human Rights in Djibouti (ARDHD), an
association that was often critical of the Government. ARDHD claimed
access to its Web site was blocked by the local Internet provider,
although those with satellite connections were able to enter the site.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events, and teachers could
speak and conduct research without restriction provided that they did
not violate sedition laws.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Although the constitution and the law provide for freedom of
assembly, the Government limited this right in practice. The Ministry
of Interior requires permits for peaceful assembly. Prior to the
February legislative elections, the Government denied the three-party
opposition coalition, which was boycotting the elections, permission to
hold two protest meetings, citing a law that limits political party
gatherings during campaign periods to those parties contesting the
elections.
Police dispersed several demonstrations during the year, including
protests against high food prices.
Freedom of Association.--The law provides for freedom of
association provided that certain legal requirements are met; however,
the Government restricted this right in practice, particularly for
labor unions.
c. Freedom of Religion.--The constitution, while declaring Islam to
be the state religion, provides for freedom of religion, and the
Government generally respected this right in practice. The Government
did not sanction those who ignored Islamic teachings or practiced other
faiths. More than 99 percent of the population is Sunni Muslim.
There is no legal prohibition against proselytizing, and the
Government did not discourage it; however, cultural norms effectively
discouraged public proselytizing.
Societal Abuses and Discrimination.--There was no known Jewish
community, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and the law provide
for freedom of movement within the country, foreign travel, emigration,
and repatriation, and the Government generally respected these rights
in practice.
The law prohibits forced exile, and the Government did not use it.
Internally Displaced Persons (IDPs).--On June 10, an ongoing border
dispute with Eritrea became hostile and is believed to have displaced
at least 207 families living in the north of Djibouti near the border.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees under the National Eligibility Commission, first formed in
1978. In July the Government reactivated the National Eligibility
Commission and began interviewing urban refugees who had been in
country for several years. The country is also a party to the 1969 AU
Refugee Convention.
The Government did not routinely grant refugee or asylum status,
and the Government did not accept refugees for resettlement during the
year. In practice the Government provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. During the year the Government also
provided temporary protection to a limited number of individuals who
may not qualify for refugee status under the 1951 Convention or the
1967 protocol.
Cooperation between the Government and the Office of the UN High
Commissioner for Refugees (UNHCR) continued to improve in providing
assistance to refugees and asylum seekers and in organizing the
repatriation of refugees from Ethiopia, Eritrea, and Somalia. However,
organizational difficulties and resource constraints prevented both
entities from providing quality service to refugees, including the
prompt processing of refugee claims. While the Government grants prima
facie status to refugees from southern Somalia, all other
nationalities, including Eritreans, must register with the National
Assistance Office for Refugees and Disaster Stricken People (ONARS).
Refugees reported that while they could not obtain work permits,
many, especially women, worked to obtain income. With the lack of work
permits, however, they were unable to challenge poor working conditions
or ensure fair payment for services rendered. There were reports that
refugees were subject to arbitrary arrest and detention. To address
this problem, the Government and UNHCR held a workshop in October to
educate 28 immigration and border control officers on refugee rights
and the proper procedures for dealing with refugees.
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. A multiparty system exists, and citizens are free to align
themselves with the party of their choice.
Elections and Political Participation.--In February President
Ismail Omar Guelleh's five-party coalition, the ``Union for a
Presidential Majority'' (UMP), won all 65 seats in the winner-take-all
national assembly contest. The UMP includes former opposition parties
and leaders. International observers from the African Union and the
Arab League considered the election generally free and fair.
A three-party opposition coalition, the ``Union for Democratic
Alternance'' (UAD), boycotted the election after a list of demands
regarding the electoral process was not met. On July 9, the Government
banned the opposition political party Movement for Democratic Revival
(MRD), a member of UAD, alleging that one of its leaders had invited
Eritrea to invade.
During the year, in an effort to empower local elected officials,
the Ministry of Interior transferred authority for issuing civil
documents such as birth certificates to regional authorities, elected
in the country's first regional elections in 2006. While opposition
parties boycotted the 2006 elections, independent candidates took part
and won in Djibouti City and in several regions.
February's legislative elections brought two more women into the
National Assembly, raising the total number of female parliamentarians
in the 65-seat body to nine. There were two women in cabinet posts and
the president of the Supreme Court was a woman.
The 65-seat legislature included members of all clans, including
approximately 45 percent Issas, 40 percent Afars, and 15 percent
representatives of smaller minority groups. Elected as a single list,
the legislature's composition reflected the governing coalition's
intent to ensure balance. However, the president's own subclan, the
Issa Mamassan, was represented disproportionately. The 21-member
cabinet was similarly balanced; there were seven Afars, including the
prime minister, the defense minister, and the foreign minister.
However, some Afars continued to claim that they were not as well
represented at lower levels. There were three representatives from
Somali clans other than the Issa clan in the cabinet, and one of Yemeni
origin.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, despite increased efforts,
the Government did not implement such laws effectively, and officials
sometimes engaged in corrupt practices with impunity. According to the
World Bank's Worldwide Governance Indicators, government corruption was
a serious problem.
The Government continued to take steps to combat corruption. In
June 2007 two magistrates were dismissed for corruption following
investigations by the Government's accounting office. In 2006 the head
of the Office of Social Security was charged with corruption, detained
in prison, and dismissed.
Privatization of port, airport, and customs operations continued to
result in substantially increased transparency and rising government
revenues in the most important sectors of the economy. The Chamber of
Public Accounts and Fiscal Discipline and the State Inspectorate
General conducted public expenditure audits in an effort to fight
corruption and promote transparency. Public officials were not subject
to financial disclosure laws. The State Inspectorate General and the
Chamber of Public Accounts and Fiscal Discipline were agencies
responsible for combating corruption.
There were no laws providing for public access to government
information, although legislative texts were publicly available through
the online official journal, and citizens could address requests for
information or mediation to the Ombudsman's Office.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A few domestic human rights groups generally operated without
government restriction, conducting limited investigations and sometimes
publishing findings on human rights cases. Government officials
generally disregarded their views.
Jean-Paul Abdi Noel, the leader of the local human rights group
Djiboutian League for Human Rights'(LDDH) was tried for libel in 2007
after writing reports on the alleged rape of a young girl by a member
of the Republican Guard, and on what he called a mass grave for victims
of extrajudicial killings during the 1992-2000 civil war. He was fined
and imprisoned but released after one month due to poor health. In
December 2007 Abdi Noel accused the Government of arresting him
arbitrarily and holding him for questioning for over 12 hours after he
distributed a LDDH press release critical of the Government. Abdi Noel
appealed his 2007 sentence, and was awaiting a Supreme Court hearing at
year's end.
The ICRC maintained a small office staffed with locally hired
personnel. The ICRC regional representative based in Nairobi visited
the country monthly.
In April the Government established a Human Rights Commission whose
members included technical experts, representatives of civil society,
labor, religious groups, the legal community, the Ombudsman's Office,
and the National Assembly.
There was a government ombudsman who also served as a legislator in
the parliament and whose specific responsibilities included mediation
between the Government and NGOs.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and the law prohibit discrimination on the basis
of language, race, or gender; however, government enforcement of such
laws was ineffective. The Government took steps during the year to
increase protection of women, including ongoing campaigns against FGM,
but societal discrimination against women and ethnic minorities
persisted.
Women.--The law includes sentences of up to 20 years for rapists.
The number of rape cases reported or prosecuted during the year was
unknown. There is no law against spousal rape. Domestic violence
against women existed, but few cases were reported. The law prohibits
``torture and barbaric acts'' against a spouse. Violations are
punishable by 20 years' imprisonment. Violence against women generally
was addressed within the family or clan structure rather than in the
courts. Police rarely intervened in domestic violence incidents, and
the media reported only the most extreme examples, such as murder. The
Union of Djiboutian Women, under the patronage of the first lady,
operated a counseling center that helped women with a variety of
problems, including domestic violence.
Prostitution is illegal, but it remained a problem. Unlike in
previous years, there were no reports that police vice officers beat
those engaged in prostitution found on the streets and raped them as a
condition of their release. Refugees and girls from poor families were
at greater risk of becoming street prostitutes.
The law does not prohibit sexual harassment, and it was a problem.
Women legally possess full civil rights; however, custom and
traditional societal discrimination in education resulted in a
secondary role for women in public life and fewer employment
opportunities in the formal sector. Women owned and ran small-scale
businesses, especially in the informal sector. The increased presence
of women in the Government, the legislature, and business had a
significant positive effect. The Family Code governs the majority of
family and personal matters, but inequities still existed. In
accordance with Shari'a law, male children inherited larger percentages
of estates than did female children. Educated women increasingly turned
to the regular courts to defend their interests.
Children.--While the Government continued to stress the importance
of children's rights, some problems remained. The Government continued
to increase its spending on education and health, devoting almost a
third of its budget to education, particularly primary education, and
one tenth to increased spending on rural health care, particularly for
mothers and infants. It relied on a few charitable organizations to
support children and encouraged others to join the effort.
Primary education was compulsory and available to all. However,
enrollment rates, while increasing, were not universal. The Government
provided tuition-free public education, but extra expenses could be
prohibitive to poor families. While the educational system did not
discriminate against girls, societal attitudes sometimes resulted in
differences in the attendance and treatment of girls in school. The
Government worked with international donors to improve significantly
girls' school attendance rates, and in 2007 there were 98 girls
enrolled for every 100 boys. The Government provided a satchel of
essential school supplies to children in poor areas, paid salary
arrears for teachers, and authorized a premium for teaching in rural
areas. The Government also continued to support parent-teacher
associations throughout the country.
Despite some difficulties in registering births of children in
remote areas, most births in Djibouti City were registered early, and
the Government continued to encourage immediate registration.
Child abuse existed but was not frequently reported or prosecuted.
In an effort to reduce the demand for commercial sex acts, in April the
Government issued international arrest warrants for five French
nationals on allegations of child sexual abuse. Christian George, a
French national re-arrested in 2006 for child abuse after an attempt to
flee the jurisdiction, was in prison awaiting trial at year's end.
FGM was widely performed on young girls. Although an estimated 93
percent of females in the country had undergone FGM, some studies
indicated that recent government efforts to stop the practice had begun
to reduce significantly the number of young girls undergoing FGM in
Djibouti City.
During the year the Government increased efforts to end FGM with
continued high-profile publicity campaigns in health centers around the
country, ongoing public support from the first lady and other prominent
women, and outreach to Muslim religious leaders. These actions built on
efforts begun in 2005, when the Government ratified the Maputo Protocol
outlawing FGM. The efforts of the Union of Djiboutian Women and other
groups to educate women against the practice were having some effect in
the capital, where reported rates of FGM among young women continued to
decline. However, infibulation, the most extreme form of FGM, continued
to be widely practiced, especially in rural areas, despite the
Government's anti-FGM campaign efforts there. The law states that
violence causing genital mutilation is punishable by five years'
imprisonment and a fine of one million DF (approximately $5,650);
however, the Government had not convicted anyone under this statute.
Child marriage occurred in rural areas and among some tribal
groups; however, it was not considered a significant problem. The
Government worked together with several NGOs to increase school
enrollment for girls, in part to reduce the likelihood that parents
would force young girls into marriage. The Ministry for the Promotion
of Women, Family, Welfare, and Social Affairs also worked actively with
women's groups throughout the country to protect the rights of girls,
including the right to decide when and whom to marry.
There were credible reports of child prostitution on the streets
and in brothels, despite increased government efforts to stop it,
including keeping children at risk off the streets and warning
businesses against permitting children to enter bars and clubs.
Trafficking in Persons.--A new, comprehensive antitrafficking law,
signed by the president in December 2007, prohibits all forms of
trafficking in persons. Law 210 ``Regarding the Fight against Human
Trafficking'' covers both internal and transnational trafficking and
prohibits all forms of trafficking in persons. It outlaws
discrimination among victims based on ethnicity, gender, or
nationality, and prescribes penalties of up to 30 years' imprisonment
for traffickers.
Despite the prohibition there were credible reports of trafficked
children engaging in prostitution or domestic servitude during the year
(See Section 6.c).
In connection with the new antitrafficking law, the Government
initiated a public awareness campaign, and government officials,
police, and NGOs met to consider means to improve protection for
victims.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--Persons with disabilities had access to
education and public health facilities, and the Labor Code prohibits
employment-based discrimination against persons with disabilities. NGOs
continued to organize seminars and other events that drew attention to
the need for enhanced legal protections and better workplace conditions
for persons with disabilities. There was societal discrimination
against persons with disabilities. The Government did not mandate
accessibility to buildings or government services for persons with
disabilities. No government agency was charged specifically with
protecting the rights of persons with disabilities, although the
Ministry of Justice was charged with general responsibilities for human
rights.
National/Racial/Ethnic Minorities.--The governing coalition
included all of the country's major clan and ethnic groups, with
minority groups represented in senior positions. Nonetheless, there
continued to be discrimination on the basis of ethnicity in employment
and job advancement. Somali Issas were the majority ethnic group; they
controlled the ruling party and dominated the civil service and
security services. Discrimination based on ethnicity and clan
affiliation declined, but affiliation remained a factor in business,
government, and politics.
Other Societal Abuses and Discrimination.--There was no known
societal violence or discrimination based on sexual orientation.
There was no known societal violence or discrimination against
persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law and the constitution provide
for the right to form and join unions; however, the Government
restricted these rights in practice. The law confers upon the president
broad powers to requisition public servants who are considered
indispensable to the operation of essential public services. Under the
Labor Code, a union must have the approval of the Ministries of Labor
and Interior as well as the Labor Inspectorate and the public
prosecutor to exist. Union leaders continued to allege that the
Government suppressed independent representative unions by tacitly
discouraging labor meetings, and accused the Government of allowing
what union leaders called a government-sponsored ``shadow union''
representative to attend the 2008 International Labor Conference as the
country's labor representative.
The law provides for the right to strike and requires
representatives of employees who plan to strike to provide 15 days'
advance notification to the Labor Inspectorate, which uses this time
period to attempt to mediate an alternate resolution of the dispute.
Workers exercised this right in practice.
There were no updates in the 2006 case of labor representatives
Mohamed Ahmed Mohamed and Djibril Ismail Egueh, who were charged with
sharing classified information with Israel. Aden Mohamed Abdou and
Hassan Cher Hared, president and vice-president respectively of the
Djiboutian Workers Union, were arrested also for facilitating the
departure to Israel of their colleagues. At year's end Mohamed, Egueh,
and Hared reportedly were living outside the country, while Abdou
remained in Djibouti.
b. The Right to Organize and Bargain Collectively.--Although the
law allows unions to conduct activities without interference, the
Government did not protect this right in practice. Collective
bargaining did not occur.
Relations between employers and workers were informal and
paternalistic. Employers generally established wage rates based on
Labor Ministry guidelines. In disputes over wages or health and safety
problems, the Ministry of Labor encouraged direct resolution by labor
representatives who could be and were chosen by the Government and
employers. Workers or employers could request formal administrative
hearings before the Labor Inspectorate. However, in practice the
Inspectorate did not have sufficient resources to conduct regular
preventive inspections, or to follow up on the enforcement of previous
cases.
The law prohibits antiunion discrimination, and employers found
guilty of discrimination were required to reinstate workers fired for
union activities; however, the Government neither enforced nor complied
with the law.
The 2004 Djibouti Free Zone code, which is more flexible, applies
to labor matters in the Duty Free Zone, an export processing area.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, a small
number of women and children transiting the country from Somalia or
Ethiopia fell victim to domestic servitude or commercial sexual
exploitation after reaching Djibouti City or the Ethiopia-Djibouti
trucking corridor.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits all labor by children under the age of 16, but the
Government did not always enforce this prohibition effectively, and
child labor existed. Children were involved in the sale of the mild
narcotic Khat, legal under local law, and engaged in prostitution.
Family-owned businesses such as restaurants and small shops employed
children at all hours. Children were involved also in activities such
as shining shoes, washing and guarding cars, selling items, working as
domestic servants, working in agriculture and with livestock, and other
activities in the informal sector.
The Ministry of Labor is responsible for monitoring work places and
preventing child labor, but a shortage of labor inspectors reduced the
likelihood that reports of child labor would be investigated, and no
inspections were conducted during the year. There was no program
undertaken by the Government to enforce the work of inspectors.
e. Acceptable Conditions of Work.--Only a small minority of the
population was employed formally and earned a wage salary. The 2006
Labor Code canceled minimum wage rates for occupational categories and
provided that wages be set after common agreement between employers and
employees. The former national minimum wage did not provide a decent
standard of living for a worker and family, and it was unlikely that
such common agreements would provide a minimum standard of living.
By law the workweek is augmented to 48 hours, normally spread over
six days. This limit applies to workers regardless of gender or
nationality. The law mandates a weekly rest period of 24 consecutive
hours and the provision of overtime pay, and limits compulsory overtime
to a maximum of five hours a week.
The Ministry of Labor is responsible for enforcing occupational
health and safety standards, wages, and work hours. Because enforcement
was ineffective, workers sometimes faced hazardous working conditions.
Workers rarely protested due to fear that others willing to accept the
risks would replace them. There were no laws or regulations permitting
workers to refuse to carry out dangerous work assignments without
jeopardizing their continued employment.
__________
EQUATORIAL GUINEA
Equatorial Guinea, with an estimated population of between 500,000
and one million, is nominally a multiparty constitutional republic. All
branches of government were dominated by President Teodoro Obiang
Nguema Mbasogo, who has ruled since seizing power in a military coup in
1979, and his clan from the majority Fang ethnic group. International
election observers judged the May 4 legislative elections to be
peaceful, orderly, and an improvement compared to the seriously flawed
2004 legislative and 2002 presidential elections; however, there were
credible reports and evidence of electoral irregularities, and
allegations by the opposition of fraud and harassment of opposition
supporters. While civilian authorities generally maintained effective
control of security forces, there were instances in which elements of
the security forces acted independently.
The Government's human rights record remained poor, although there
were some notable governmental efforts to improve respect for human
rights. The following human rights problems were reported: limited
ability of citizens to change their government; increased reports of
unlawful killings by security forces; government-sanctioned
kidnappings; systematic torture of prisoners and detainees by security
forces; life threatening conditions in prisons and detention
facilities; impunity; arbitrary arrest, detention, and incommunicado
detention; harassment and deportation of foreign residents with limited
due process; judicial corruption and lack of due process; restrictions
on the right to privacy; restrictions on freedom of speech and of the
press; restrictions on the rights of assembly, association, and
movement; government corruption; violence and discrimination against
women; suspected trafficking in persons; discrimination against ethnic
minorities; and restrictions on labor rights.
The Government reduced the number of political prisoners; allowed
international monitors to assess conditions in detention facilities;
took steps to professionalize security forces; and conducted public
awareness campaigns on women's rights and domestic violence in
conjunction with international organizations.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of government agents committing politically motivated killings;
however, security forces committed some arbitrary or unlawful killings
during the year. For example, in January a police officer in Malabo
shot and killed an alleged illegal immigrant. The officer was arrested
and investigated for excessive use of force. At year's end the case was
ongoing.
On the night of March 12-13, Saturnino Ncogo Mbomio, a member of a
banned political party, died at Black Beach Prison in Malabo while in
police custody for possession of illegal weapons, which authorities
stated were intended for use in a planned coup attempt. Police stated
that Ncogo died as a result of a fractured skull after falling from the
top of the bunk bed in his cell, in an apparent suicide attempt. The
prime minister invited several foreign diplomats to watch prison
surveillance video of the incident, which showed Ncogo leap headfirst
from his bed while alone in his cell and showed him walking earlier
without difficulty. Amnesty International (AI) questioned the official
account of his death and alleged that, after Malabo police arrested
Ncogo on the morning of March 12, they interrogated him for several
hours in Malabo Central Police Station and tortured him to the point he
was unable to stand on his own. AI called for a thorough and impartial
investigation into Ncogo's death. By year's end, no investigation had
been conducted.
In May a police officer investigating immigration violations in
Malabo shot and killed a resident alien (a Malian citizen). Authorities
subsequently arrested and detained the officer and suspended him from
duty, pending the outcome of a military trial for excessive use of
force. At year's end, the Government reported that the trial was
underway.
According to regional media reports, on December 12, security force
members reportedly killed a Cameroonian fisherman in what were believed
to be Cameroonian territorial waters and abducted two Cameroonian
immigrants while attempting to prevent a boat of Cameroonian immigrants
from reaching the country. Following protests in Cameroon, both
governments closed their mutual border. At year's end, the whereabouts
of the two abducted Cameroonians remained unknown.
Following the October 2007 death of Salvador Ndong Nguema, which,
according to parliamentary testimony by members of the opposition party
Convergence for Social Democracy (CPDS), was a result of injuries
inflicted during torture by officials in a jail in Evinayong,
authorities temporarily detained two members of the security forces for
misconduct. However, according to an international organization that
followed the case closely, authorities later released the two suspects
and reassigned them to security duties at another location. Officials
did not provide any information on this case.
During the year AI reported that authorities released from
detention and reinstated at least three police officers and soldiers
who they had arrested in November 2007 for involvement in the torture
of several detainees, three of whom died as a result of injuries
inflicted from torture.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year.
According to AI, on or around October 8, former army colonel
Cipriano Nguema Mba was arrested illegally by two Cameroonian police
officers and transferred to security personnel in the country's embassy
in Yaounde, before being secretly transported to Black Beach Prison in
Malabo. In a 2004 military trial, Nguema was convicted in absentia and
sentenced to 30 years' imprisonment for allegedly plotting a coup and
leaving the country with government funds. Many members of his family
were also tried and sentenced to long prison terms and were tortured
during pretrial detention, according to AI. Immediately following the
Nguema's abduction, authorities allegedly held him incommunicado at the
prison and would not confirm his whereabouts or whether they were
holding him. However, by year's end, authorities had allowed family
members and UN officials to visit Nguema, who reportedly showed no
signs of torture.
On June 5, as part of a general amnesty granted by presidential
decree, the Government released Juan Ondo Abaga, who had disappeared in
2005 with three other citizens-Florencio Ela Bibang, Antimo Edu Nchama,
and Felipe Esono Ntutumu-all of whom remained missing. They reportedly
had been forcibly repatriated from Benin and Nigeria, incarcerated
without charge in Black Beach Prison, severely tortured, and denied
access to a lawyer and their families. There was no government
confirmation of their presence in the prison.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, security
officials abused and tortured persons during the year. Based on his
November 9-18 mission to the country to assess the use of torture in
the penal system, UN Special Rapporteur on Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment Manfred Nowak stated that
police employed the ``systematic use of torture'' on detainees,
including political prisoners and suspects of common crimes. In his
public statement, Nowak detailed specific techniques used to extract
confessions or information from those in police custody, to punish
detainees, or to extort money. Nowak underscored the Government's role
in such practices and provided preliminary recommendations to reform
the security forces and judiciary (See Section 4).
Nowak, who observed a fully equipped torture room in the basement
of the Bata Central Police Station, documented police abuse,
corroborated by a medical expert, including beatings to the soles of
the feet and buttocks with batons, solid rubberized cables, and wooden
bars; electric shocks with starter cables attached to different parts
of the body with alligator clips; and various forms of suspension with
hands and feet tied together for prolonged periods while security
officials beat victims as they swung back and forth.
Nowak underlined the inhuman treatment of political prisoners in
Black Beach Prison, where he stated they had been held in solitary
confinement for up to four years, without being allowed the one hour of
exercise per day required by international minimum standards. He found
that they were held in leg irons for almost the entire duration of
their imprisonment. The UN mission led by Nowak also found that
immigrants ran an increased risk of physical abuse in police cells.
Nowak added that he was concerned about possible reprisals against
detainees who provided testimony to the UN mission, in particular at
the central police stations in Malabo and Bata. By year's end, there
were no reports of reprisals.
According to AI, officials at the Malabo Central Police Station
reportedly beat at least two former members of the banned opposition
party Progress Party of Equatorial Guinea (PPGE) to force confessions
during the year (See Section 1.e.).
On April 24, a bodyguard of the Secretary of State for national
security allegedly assaulted Brigida Asongsua Ela, who had been
arbitrarily detained in the Malabo Central Police Station since
December 2007 for refusing to sweep the floor in the Secretary of
State's office, according to AI. Following a complaint from Asongsua's
attorney, the Secretary of State ordered the arrest of the bodyguard,
subsequently relieved him of duty, and apologized for the bodyguard's
actions. Authorities released Asongsua without charge on April 25.
In September a government official told a foreign diplomat that,
despite efforts by a government human rights center to monitor
detention facilities, beatings in jails across the country were a
common occurrence due to a lack of training and political will to
address the problem.
According to government officials and a private foreign firm
working closely with the military on training programs, during the year
a military court convicted at least one member of the security forces
in connection with the torture of Jaime Ndong Edu, a CPDS member, by
Deputy Police Commissioner Donato Abogo Menden in October 2007.
However, military tribunals remained closed to the public and it was
not possible to independently verify whether any action had been taken
in this case.
During the year a parliamentary committee charged with handling
complaints from citizens involving police abuses reviewed complaints
regarding the actions of four police officers from the Bomudi precinct
in Bata, including precinct captain Juan Engonga. Engonga had allegedly
tortured Emilio Mbana Moyong and Alberto Mbira in the Bomudi police
station during their five-day detention in August 2007. By September
authorities had fired at least one of the officers involved and had
enforced a September 2007 parliamentary order requiring the officers to
compensate the victims. One torture victim reportedly received one
million CFA francs ($2,078). The parliamentary committee fined Captain
Engonga 4.8 million CFA francs ($10,000) for dereliction of duty.
Foreigners, primarily illegal immigrants from other African
countries, continued to experience harassment, intimidation, and
arbitrary arrest and detention.
Police periodically raided immigrant ghettoes, local stores, and
restaurants, arbitrarily detained immigrants and extorted them for
money, and used excessive force.
In mid-December 2007 there were international media reports of
citizens, including members of the security forces, looting the
possessions of and beating up to 8,000 Cameroonian immigrants in Malabo
and Bata following a bank robbery in Bata by foreigners. Several
hundred Cameroonian immigrants sought refuge over several days in the
Cameroonian embassy in Malabo and the consulate in Bata, and The
Cameroonian government was forced to airlift several immigrants out of
the country, according to reports. Government officials and Cameroonian
officials stated that the security forces attempted to protect
Cameroonians from civilian mobs. Officials reportedly suspended 12
members of the security forces for using excessive force against
immigrants and citizens who attacked immigrants.
Prison and Detention Center Conditions.--UN Special Rapporteur on
Torture Nowak's monitoring mission in November, which the Government
had originally requested in January but postponed, included visits to
prisons as well as short-term detention facilities such as jails. Nowak
observed that prison conditions did not meet international standards,
and at least one prisoner died from an apparent suicide in Malabo's
Black Beach Prison during the year (See Section 1.a.). The UN mission
led by Nowak cited some improvements in prison conditions, such as
improved hygienic conditions in the prison in Bata, as a result of
renovations to the country's three prisons in previous years. However,
the use of prolonged solitary confinement, leg irons, and insufficient
food and sanitary conditions posed risks to prisoners' health.
Conditions in police station jails and other detention centers
(apart from prisons) were harsher and life threatening. Many detainees
were held in these conditions well beyond the maximum 72 hours
stipulated by law, sometimes up to several months. Allegations of
violence among detainees were frequently ignored or even tolerated by
authorities. Holding cells were overcrowded and dirty, and detainees
very rarely had access to medical care, exercise, mattresses, or
sleeping facilities. Diseases such as malaria and HIV/AIDS were serious
problems. Food was usually provided by detainees' families or fellow
detainees, and access to potable water was severely restricted. Most
detainees had no access to toilets and resorted to plastic bottles or
plastic bags instead.
During the year the Government continued efforts to upgrade jails
associated with local police precinct offices.
According to Nowak, detained illegal immigrants pending deportation
were held in police cells for long periods in poor conditions with no
food or water since they had no family nearby. Detained illegal
immigrants were also at increased risk of physical abuse and
discrimination from other detainees with the approval of the police. In
February the UN Working Group on Arbitrary Detention, which visited the
country in June 2007, expressed concern over the lengthy arbitrary
detentions of illegal immigrants and recommended that the Government
make significant efforts to ensure that foreigners receive access to
consular officials and that reasonable periods of maximum detention be
established.
Female prisoners and juveniles were not separated from male
prisoners. Pretrial detainees were held together with convicted
prisoners. Neither the judicial system nor the police had an adequate,
effective system to register cases or track prisoners; however, an
official registry existed and officials were systematically upgrading
it. Some detention facilities restricted visitation.
The Government sometimes permitted independent monitoring of
conditions in the country's three prisons and approximately 12 jails
and numerous holding cells in smaller localities, including monitoring
by the UN, the International Committee of the Red Cross (ICRC), and
foreign media. However, authorities regularly prevented monitoring of
certain parts of prisons and other detention facilities, and they
denied some international monitoring requests during the year (See
Section 4). In March the ICRC suspended visits to jails and prisons
because, despite the ICRC's repeated requests, authorities did not meet
the organization's minimum modalities and conditions required for
international monitoring. Despite a prior agreement, during the year
government authorities denied the team of the UN Special Rapporteur on
Torture access to military detention facilities at the Cogo and Ela
military camps, effectively preventing investigation into allegations
of torture and secret detentions; follow-up access to the central
police stations in Malabo and Bata was also denied. According to Nowak,
during the UN monitoring mission, members of security forces threatened
and intimidated UN monitoring officials, both verbally and by pointing
guns at them as they tried, sometimes unsuccessfully, to gain access to
detention facilities.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, security forces frequently ignored these
safeguards and arrested or detained persons arbitrarily and without due
legal process.
Role of the Police and Security Apparatus.--The police were
generally responsible for security in the cities, while gendarmes were
responsible for security outside the cities and for special events.
Both report to the minister of national security. Military officials
also fulfilled police functions in border and high-traffic areas, and
near sensitive sites. These officials reported to the minister of
defense. In addition, there are police elements within the ministries
of interior (border and traffic police), finance (customs police), and
justice (investigative/prosecuting police) which fulfilled particular
functions. Presidential security officials also exercise police
functions in the vicinity of the president and presidential facilities.
Foreign contractors continued to work with the Government to
consolidate and organize security structures within the country.
Though improving, police remained underfunded, poorly trained, and
corrupt. Security forces continued the practice of extorting small
bribes from citizens and immigrants, and impunity remained a problem.
There was no internal investigation unit within the police, and
mechanisms to investigate allegations of abuse were poorly developed.
In February a report by the UN Working Group on Arbitrary Detention
expressed concern that both the police and gendarmes frequently ordered
arrests and detentions with no legal authorization.
The Government recognized the need for professional improvement of
the police and continued to support a broad training program. A
contracted private foreign group has trained over 600 police officers
and their leaders on subjects including human rights, prevention of
trafficking in persons, rule of law, appropriate use of force, tactics
and code of ethics. Evidence and feedback from expatriates, citizens,
and community leaders indicated improvement in performance,
particularly among younger officers receiving training.
Arrest and Detention.--According to the constitution, arrest
warrants are required, except in cases of flagrate delicto or cases
established by law, and some persons were taken into custody on the
verbal orders of officials. A detainee has the right to a judicial
determination of the legality of the detention within 72 hours after
arrest, excluding weekends and holidays. In practice the length of such
detentions was often longer, occasionally several months. Although a
bail system and public defenders-supplied by the bar association, which
receives funding from the Government-were available upon request, the
public was largely unaware of either, and neither system operated
effectively. According to the report released in February by the UN
Working Group on Arbitrary Detention, lawyers did not have access to
police stations and could not contact detainees while they were held
there; police superintendents interviewed by the working group stated
they did not see the need for or advisability of such access. Many
detainees were not promptly informed of charges against them.
Authorities' use of incommunicado detention and torture were serious
problems (See Section 1.c.). In November a UN assessment mission
expressed concern at the prohibition of family visits in detention
facilities.
Arbitrary arrest and detention were serious problems. Employing
large roundups periodically, local authorities singled out West African
illegal immigrants for document checks, arbitrary detention, and
deportation; however, local authorities released immigrants if they
paid a fine (bribe) of approximately 20,000 CFA francs ($400 dollars).
According to AI, in late February or early March, police failed to
comply with a judicial order to bring Brigida Asongsua Ela, the wife of
political prisoner Guillermo Nguema Ela, before the court to determine
whether her arrest and detention were legal; Asongsua had been
arbitrarily detained in Malabo Central Police Station since 2006. On
April 25, Asongsua was released without charge as a result of a formal
complaint filed after she was assaulted (See Section 1.c.).
In October a judge investigating the status of detainees in Black
Beach Prison determined that 23 prisoners were being held without
completion of due process. These prisoners were subsequently released.
Lengthy pretrial detention remained a problem, and a significant
number of those incarcerated were pretrial detainees. Inefficient
judicial procedures, corruption, lack of monitoring, and inadequate
staffing contributed to the problem.
The UN Working Group on Arbitrary Detention recommended that the
Government adopt necessary measures to put an immediate end to the
practice of secret detentions. The group cited the secret detentions in
Black Beach Prison of Juan Ondo Abaga (who was later released in June),
Florencio Ela Bibang, Felipe Esono Ntumu, and Antimo Edu Nchama, all of
whom were kidnapped in foreign countries where they had international
refugee status, according to the working group.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the Government did not respect
this provision in practice, and the judiciary was not independent,
according to UN officials and local and international human rights
advocates. Judges serve at the pleasure of the president, and were
appointed, transferred, and dismissed for political as well as
competency reasons. Judicial corruption was widely reported, and cases
were sometimes decided on political grounds.
The court system is composed of lower provincial courts, two
appeals courts, a military tribunal, and the Supreme Court. The
president appoints members of the Supreme Court, who reportedly took
instructions from him. The Supreme Council of the Judicial Power
appoints and controls judges. President Obiang is president of the
Supreme Council, and the president of the Supreme Court is the vice
president of the Supreme Council.
The military justice system did not provide defendants with the
same rights as the civil criminal court system. The code of military
justice states that persons who disobey a military authority, or are
alleged to have committed an offense considered to be a ``crime against
the state,'' should be judged by a military tribunal, with limited due
process and procedural safeguards, regardless of whether the defendant
is civilian or military. In the past, some military cases were
essentially political in nature. A defendant may be tried without being
present, and the defense does not have a guaranteed right to cross-
examine an accuser. Such proceedings are not public, and the defendants
do not have a right of appeal to a higher court. According to the UN
Working Group on Arbitrary Detention, judges and defenders in military
courts were not lawyers or jurists, but military officials with no
legal training.
Tribal elders adjudicated civil claims and minor criminal matters
in traditional courts in the countryside. These adjudications were
conducted according to tradition and did not afford the same rights and
privileges as the formal system. Those dissatisfied with traditional
judgments could appeal to the civil court system.
Trial Procedures.--By law a defendant enjoys the presumption of
innocence until proven guilty. Many trials for ordinary crimes are
public, but in accordance with the continental law model upon which the
judicial system is based, juries are seldom used. Defendants have the
right to be present at their trials but rarely were able to consult
promptly with attorneys, unless they could afford private counsel. An
accused person who cannot afford a lawyer is entitled to ask the
Government to provide one, but only if the accused is summoned to
appear in court, and defendants were not routinely advised of this
right. The country's bar association was available to defend indigent
clients; however, there remained a serious shortage of lawyers in the
country, and there continued to be no effective system of court-
appointed representation, according to the UN Working Group on
Arbitrary Detention. Defendants may confront and question witnesses and
may present their own witnesses and evidence, although in practice this
was seldom done. There was limited access to evidence. By law the
accused has the right to appeal; however, legal appeals were not
common.
Political Prisoners and Detainees.--While it was difficult to
estimate the number of persons detained or imprisoned for exercising
their political rights-in part because authorities did not maintain
reliable registration lists for prisons and jails or allow
comprehensive independent monitoring of detention facilities-in
February a report by the UN Working Group on Arbitrary Detention, which
visited the country in June 2007, cited 100 cases of ``persons detained
for merely exercising their political rights.'' After the Government
released political prisoners, credible reports indicated that
approximately 39 individuals remained incarcerated at year's end for
offenses relating to the exercise of political rights. Of those
convicted, most were charged with ``crimes against the state''; some
were convicted by military courts without respect for due process, and
some were tried summarily without the right to appeal their sentences,
according to the working group. They were all members of opposition
parties, mainly banned parties, or persons the Government accused of
involvement in alleged coup attempts. The Government did not allow
international humanitarian access to at least three of these prisoners
and detainees during the year.
On June 4, a presidential decree granted pardons to 37 prisoners
and pretrial detainees, although nine of these individuals had in fact
already been released in previous years. AI determined that at least 11
of the released prisoners had in no way advocated or participated in
acts of violence. Among the prisoners of conscience who were pardoned
and released in June were Reverend Bienvenido Samba Momesori; a critic
of the Government's treatment of minorities, who had been held without
charge or trial since 2003; Felipe Ondo Obiang, Guillermo Nguema Ela,
and 11 other members of the banned political party Democratic and
Republican Force, all of whom had been convicted in an unfair trial in
2002 for an attempted coup; and Juan Ondo Abaga, whose secret detention
and whereabouts the Government did not acknowledge until the pardon.
On July 7, a court convicted and sentenced to six years'
imprisonment five former members of a banned political party, the PPGE-
Cruz Obiang Ebele, Emiliano Esono Micha, Gerardo Angue Mangue,
Gumersindo Ramirez Faustino, and Juan Ecomo Ndong-on charges of
belonging to a banned party, holding illegal meetings, attempting to
overthrow the Government, and arms smuggling.
Police arbitrarily arrested the five individuals in March, along
with another former PPGE member, Bonifacio Nguema Ndong, who the court
absolved, after the discovery of weapons in the trunk of a car being
imported to the country from Spain. The five men were found guilty in
the same trial as Simon Mann, a British citizen who pled guilty to
plotting a 2004 coup attempt; however, the charges against them were
unrelated to the events for which Mann was tried, and-according to AI-
no attempt was made in court to link the six men to Mann's case. The
weapons were alleged to be associated with the coup attempt.
The pretrial detention and the trial of the six former PPGE members
failed to meet due process norms. Authorities arbitrarily held the men
for more than two months without charge or trial. According to AI,
authorities arrested the six men without a warrant, forced them to sign
under duress statements they had not made, beat at least two of the men
(including one with a baton), held them incommunicado without access to
a lawyer until five days before the trial, and failed to produce
evidence that they had been in possession of the weapons. At year's end
it was unknown whether authorities had undertaken any investigation
into the alleged beatings.
There were a few concerns about whether Mann's trial complied with
international fair trial standards. Mann's first defense attorney
(Ponciano Mbomio) was replaced prior to the trial when the bar
association suspended his license; the suspension occurred after Mbomio
attempted to block the trial's commencement by arguing that correct
legal procedures had not been observed. Mann, who pled guilty to the
charges against him, was sentenced to 34 years' imprisonment.
In February the UN Working Group on Arbitrary Detention issued
several fundamental recommendations for the Government concerning the
judiciary, penal system, and criminal legal system. The working group
recommended that the Government do the following: urgently revise the
national criminal law framework; eliminate inconsistencies with the
constitution and international instruments; consider drafting a new
criminal code, one providing the possibility of community service;
establish by law and in practice an independent judiciary; prompt
judges and law officers to make periodic visits to prisons and police
detention centers; exclusively limit the jurisdiction of military
courts to military offenses committed by armed forces personnel, and
end their jurisdiction to try civilians; extend human rights training
to judges, law officers of all grades, security forces members, and the
Office of the Attorney General; revise the current application
procedures for habeas corpus, with a view to making it easier to use
and more effective to remedy arbitrary detention; guarantee lawyers
free access to police stations and prisons so they may be able to
interview detainees from the beginning of their detention; and employ
the national budget to guarantee the resources required to ensure the
effective functioning of the justice administration system as well as
the prison and police detention system, in part to ensure the provision
of sufficient and adequate food and medical care.
Civil Judicial Procedures and Remedies.--Civil matters can be
settled out of court, and in some cases tribal elders adjudicated local
disputes. Courts were increasingly engaged in ruling on civil cases
brought before them, some of which involved human rights complaints.
Many international companies doing business in the country operated
with mediation clauses that were occasionally activated. Resulting
resolutions were generally respected.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, but
the Government often did not respect these prohibitions in practice.
Security forces violated homes and arrested suspected dissidents,
criminals, foreign nationals, and others-often without judicial orders,
which are not required for certain officials to enter and search homes-
and confiscated their property with impunity.
Government informers reportedly monitored opposition members,
nongovernmental organizations (NGOs), and journalists. Most residents
and journalists believed that the Government monitored telephone calls.
Indirect pressure for public employees to join the ruling
Democratic Party of Equatorial Guinea (PDGE) continued. Opposition
party members were reported to have been discriminated against in
hiring, job retention, scholarships, and obtaining business licenses.
Businesses found to have hired employees with direct links to families,
individuals, parties, or groups that were out of favor with the
Government were often forced to dismiss employees or face
recrimination.
The law provides for restitution or compensation for the taking of
private property; however, in practice when the Government forced
persons from their homes or land, it sometimes did not provide
equitable compensation. Individuals may hold property title to pieces
of land, but the state has full power of eminent domain, which it often
exercised as development continued. The Government offered payment to
those who proved title.
As in previous years, the Government continued to exercise right of
eminent domain in pursuit of development goals, which include
construction of thousands of low-cost housing units. In cases of
neighborhood demolition during the reporting period, officials held
community meetings to discuss proposed actions and means of
restitution. Many of the residents affected were squatters. With regard
to restitution, those who could prove title generally received fair
payment. For others who had built on land they did not own, the
Government paid restitution equal to the amount of documented
investment.
However, the Red Cross, the Catholic Church, human rights lawyers,
and the political opposition expressed concerns about the displacement
of poor communities during the increased construction of new roads and
buildings in recent years; one opposition party claimed the selection
of slums for displacement was sometimes motivated by political reasons,
although there was no evidence to support this allegation.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and press; however, the Law on the Press,
Publishing, and Audiovisual Media grants extensive powers to
authorities to restrict the activities of the media, and the Government
limited these rights in practice.
While criticism of government policies was allowed, individuals
could not criticize the president, his family, other high-ranking
officials, or the security forces without fear of reprisal, and the
Government reportedly attempted to impede criticism by continuing to
monitor the activities of the political opposition, journalists, and
others. Since 2007 some journalists have covered topics previously
considered to be off limits, including mild criticism of institutions
for lack of progress on economic development issues and government
inefficiency, but the country's tiny media remained weak and under
government influence or control, and journalists practiced self-
censorship.
There were virtually no domestic independent media. There was one
state-run organ that published news regularly. There were three
privately-owned domestic publications, including La Gaceta de Guinea
Ecuatorial, which published news and commentary monthly; however, their
readership remained very limited. The CPDS published an opinion
newspaper semi-regularly but struggled to fund it adequately. News
kiosks did not exist. There were only three libraries in the country,
all supported by foreign governments or the Catholic Church, and there
were only two bookstores, both affiliated with religious organizations.
Starting a new periodical requires a complicated process governed
by an ambiguous law and was often inhibited by government bureaucracy.
In addition, accreditation is cumbersome for both local and foreign
journalists, who must register with the Ministry of Information.
Only one international news agency had a regular stringer present
in the country, and government agents reportedly followed and
surveilled stringers for foreign media. Some international media were
not able to operate freely in the country during the year; the
Government refused to issue visas to Spanish journalists from major
media organizations prior to the May elections (See Section 3).
International newspapers or news magazines were generally not available
in rural markets due, at least in part, to their high price and low
rates of literacy in rural areas; however, international magazines and
newspapers were increasingly being sold in a number of grocery stores
in Malabo and Bata.
The Government owned a national radio and television broadcast
medium. The president's eldest son owned the only private broadcast
media. Satellite broadcasts increasingly were available. Foreign
channels were not censored.
The Catholic Church had applied to establish a radio station in
2007, but the Government had not granted authorization by year's end.
International electronic media were available and include Radio
France International, which broadcast from Malabo, BBC, and Radio
Exterior, the international short-wave service from Spain.
The Law on the Press, Publishing and Audiovisual Media allows the
Government considerable authority to restrict press activities through
official prepublication censorship. The law also establishes criminal,
civil and administrative penalties for violation of its provisions, in
particular when it comes to violations of the 19 ``publishing
principles'' in Article 2, which are vague and open to subjective and
restrictive interpretations.
In September the Government raided the headquarters of the
opposition CPDS in an attempt to confiscate an unlicensed radio
transmitter and forcibly confiscated editions of a semi-regular CPDS
publication (See Section 3).
Many of the legal and administrative obstacles emphasized by the
international press freedom advocacy groups continued to pose
significant problems for the country's media during the year. For
example, there continued to be a lack of adequate government investment
in infrastructure necessary for the development of strong independent
media, including printing presses and newspaper retailers, and there
was little evidence that the Government encouraged-on a non-
discriminatory basis-public advertising in locally printed media.
During the year one journalist, a member of the national press
association, equated this lack of investment by the Government to
``economic censorship'' and expressed deep concern over the lack of
training opportunities for local journalists, despite the country's
recent exceptional economic growth.
Internet Freedom.--There were no government restrictions on access
to the Internet. Most overt criticism of the Government came from the
country's community in exile, and the Internet had replaced broadcast
media as the primary way opposition views were expressed and
disseminated. Exiled citizens' sites were not blocked. Internet use
grew significantly, and dozens of Internet cafes in the cities of Bata
and Malabo continued to do a thriving business.
Academic Freedom and Cultural Events.--There were no official
restrictions on academic freedom or cultural events; however, in past
years some qualified professionals were moved out of teaching positions
because of their political affiliation or critical statements reported
to government officials by students in their classes. Therefore, most
professors reportedly practiced self-censorship to avoid problems.
Cultural events required coordination with the Ministry of Information,
Culture, and Tourism.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for the right of assembly;
however, the Government restricted this right, largely through limits
on freedom of association, which made it difficult for organizations
that had not gained legal authorization to operate and hold meetings
legally. According to foreign donors and members of local civil society
groups, in light of coup attempts in recent years, the Government
continued to view some informal meetings by associations as security
threats. Although the Government formally abolished permit requirements
for political party meetings within party buildings, opposition parties
were expected to inform authorities if they wished to hold gatherings
outside of their headquarters. The Government required notification for
public events such as meetings or marches.
Freedom of Association.--The constitution and law provide for
freedom of association, but the Government significantly restricted
this right in practice. All political parties, labor unions, and other
associations must register with the Government. To date only one labor
organization had been registered. The law prohibits the formation of
political parties along ethnic lines, and several political parties
remained banned (See Section 3). The registration process for NGOs was
costly, burdensome, opaque, and sometimes took years to complete (See
Section 4). During the year foreign donors continued to urge the
Government to review and reform the legal regime governing the
establishment of NGOs. Many associations, including several women's
groups focused on economic development, were unable to gain
authorization or registration status from the Government.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right.
There were no reports that government officials monitored religious
services.
The law gives official preference to the Catholic Church and the
Reform Church of Equatorial Guinea, because of their traditional roots
and historical influence in social and cultural life. A Roman Catholic
Mass was normally part of any major ceremonial function or holiday.
Long-established Catholic schools received the same benefits from the
state as public schools.
A religious organization must be formally registered with the
Ministry of Justice, Religion, and Penal Institutions to operate.
Approval could take several years, due primarily to bureaucratic
slowness rather than policy; however, the lack of clearly defined
registration procedures remained an issue. Traditional African
religions were practiced, even by many who belonged to other religious
groups.
Religious study was optional in public schools but required in
parochial schools and was usually, but not exclusively, Catholic.
Societal Abuses and Discrimination.--The Jewish community was
extremely small; there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation. However, the Government restricted these rights in
practice.
Police at roadblocks routinely checked passing travelers and
occasionally engaged in petty extortion, including during quarterly
roundups of illegal immigrants. The Government justified roadblocks as
means of control to prevent illegal immigration, mercenary activities,
or attempted coups. These checkpoints restricted freedom of movement
for all travelers.
The law prohibits forced internal or external exile; however, the
Government did not respect this in practice. Following the granting of
pardons to political prisoners in June, the Government required several
of them to return to and remain in their villages of origin. Several
members of banned political parties remained in self-imposed exile.
Protection of Refugees.--The law provides for the granting of
asylum and refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol; however, the
Government has not established a system for providing protection to
refugees. In practice the Government provided some protection against
the expulsion or return of persons to countries where their lives or
freedom would be threatened.
However, in October Cameroonian police officers reportedly
illegally arrested former Equatoguinean army colonel Cipriano Nguema
Mba in Cameroon, where he was recognized as a refugee, and handed him
over to the country's embassy in Cameroon. Equatoguinean officials
reportedly transported Nguema Mba clandestinely to Malabo to face
criminal charges of a political nature (See Section 1.b.). The incident
resulted in protests in Cameroon and extensive diplomatic discussions
between both governments. In addition, the Government continued to
detain other political prisoners who government agents had kidnapped
from neighboring countries in recent years, according to the UN Working
Group on Arbitrary Detention.
The Government provided temporary humanitarian protection to
individuals who may not qualify as refugees under the 1951 convention
and the 1967 protocol.
There were no recent cases of the Government cooperating with the
UN High Commissioner for Refugees (UNHCR), which had no local office,
or other humanitarian organizations in assisting refugees and asylum
seekers. The Government did however cooperate with the UN Children's
Fund in cases involving children.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully; however, despite improvements in the electoral
process during the year, this right continued to be limited, partly as
a result of the dominance of the ruling PDGE party.
Elections and Political Participation.--On May 4, the country held
parliamentary and municipal elections, which resulted in the continuing
political dominance of the ruling PDGE. The ruling coalition, which
included the PDGE and nine other parties, increased its number of seats
in the 100-member parliament to 99 (the PDGE itself won 89 seats); the
opposition CPDS lost a seat, leaving it with one representative in the
parliament. The ruling coalition also won 319 municipal
counsellorships, including 305 for the PDGE, out of a total of 331
municipal posts.
A small, mixed contingent of international observers characterized
the elections as an improvement over the last legislative and
presidential elections, which were severely marred by irregularities
and were not free and fair. The contingent noted the voting process was
peaceful and orderly and highlighted the increased use of transparent
ballot boxes at polling stations. In addition, prior to the election
the Government established a public campaign financing system; as a
result, the country's three main legal opposition parties received more
than 505 million CFA francs ($1 million) in campaign funds.
Despite these improvements over past elections, there were reports
of notable electoral irregularities, including harassment of opposition
supporters and voters at polling stations and during the campaign, some
of which was captured on video by the opposition CPDS, and several
reports by international media of the failure by local election
authorities to ensure voting by secret ballot. A respected humanitarian
organization with personnel working in different parts of the country
characterized the election as ``not very transparent.'' The national
electoral commission, which was charged with ensuring the fairness of
the elections and handling formal post-election complaints, was not
independent; while its membership included a representative of each
political party that fielded candidates, it also included
representatives from the Government, lacked civil society
representation, and a majority of its members were officials who
belonged the ruling party. Several peaceful political parties that were
banned in recent years were not allowed to participate in the
elections, and members of one banned party were arbitrarily arrested
and detained for an alleged coup attempt and-according to AI-tortured
shortly before the beginning of the campaign season (See Sections 1.a.
and 1.c.). Shortly before election day, the Government refused to grant
visas to Spanish journalists from international media organizations who
had intended to observe and report on the elections, forcing these
organs to rely on a few local stringers for election coverage.
The opposition CPDS submitted to a tribunal a formal complaint
concerning electoral irregularities. The complaint focused on the
method by which authorities calculated votes for the proportional
distribution of legislative seats to political parties; however, after
reviewing the complaint, the electoral commission dismissed it as
invalid.
The ruling PDGE party rules through a complex arrangement built
around family, clan, and ethnic loyalties. There is no presidential
term limit.
Opposition political parties were not able to operate without
restrictions. Several parties remained banned, and the three legal
opposition parties faced restrictions on freedoms of speech,
association, and assembly (See Sections 2.a. and 2.b.). The number of
abuses, such as arbitrary arrest and detention, against the legal
opposition parties has decreased in recent years; however, these
parties continued to claim that they were monitored by government
agents and practiced self-censorship.
In August, after informing the Government in writing of its
intention to set up a radio station, the opposition CPDS party began
testing its equipment. In September the Government ordered the CPDS to
cease transmitting, which it did, and alleged that the CPDS illegally
introduced radio broadcast equipment into Malabo without passing
through customs and paying requisite taxes and attempted to begin
transmissions without obtaining a broadcast license. The CPDS refused
to surrender the broadcast equipment and countered that laws on
political parties and the press explicitly provide for individuals and
collective bodies, including political parties, to set up media
outlets, and that the law does not specify the conditions for
broadcasting authorization. On September 13, 20 members of the security
forces raided the CPDS headquarters in Malabo in an attempt to
confiscate the equipment; the security agents did not find the
equipment, but confiscated party propaganda and editions of a CPDS
publication. The Government prohibited the activity but otherwise took
no further actions. Negotiations regarding the incident were ongoing at
year's end.
Opposition party members and candidates operated at a significant
disadvantage when attempting to gain favor among the voters. On the
whole, opposition parties and party candidates were poorly organized,
poorly financed, and lacked public support. The Government allowed
opposition parties limited access to domestic media, and during the
year the opposition participated in legislative debates, talk shows,
and meetings with the president. Most state events were publicized in
connection with the ruling PDGE party. Because of quasi-mandatory
collection of dues and other contributions, the ruling party had
greatly disproportionate funding available, including for gifts to
potential voters.
The president exercised strong powers as head of state, commander
of the armed forces, head of the judiciary, and founder and head of the
ruling party. In general leadership positions within government were
restricted to the president's party or the coalition of ``loyal
opposition'' parties. Because the ruling party overwhelmingly dominated
the commissions established to review electoral practices and recommend
reforms, few changes were made. The minister of the interior was
elected to act as president of the national electoral commission.
Some political parties that had been popular prior to the 1992 law
that established procedures for political parties to become legal,
remained banned, generally under the pretext that they were
``supporting terrorism'' or had been linked to attempts to overthrow
the Government.
The Government did not overtly limit participation of minorities in
politics; however, the predominant Fang ethnic group, estimated at over
85 percent of the population, continued to exercise strong political
and economic power. There were 20 ethnically-mixed or minority members
in the 100-seat parliament; five of the total were women. Of 27
appointed cabinet ministers, 22 were Fang, one of whom was a woman.
Government Corruption and Transparency.--Laws provide severe
criminal penalties for official corruption; however, the Government did
not implement these laws effectively, and officials frequently engaged
in corrupt practices with impunity. Corruption continued to be a severe
problem.
Officials by law must declare their assets, although the
declarations were not published publicly. There was no requirement that
officials divest themselves of business interests that were in
potential conflict with official responsibilities, and no law
prohibiting conflict of interest. The presidency and prime minister's
office were the lead agencies for anticorruption efforts. A number of
ministers were reportedly replaced following the May elections as a
result of corrupt practices.
During the year the Government made additional progress toward
meeting objectives required to join the Extractive Industries
Transparency Initiative (EITI), a multinational civil society
initiative to encourage transparency and accountability in extractive
industries, developing an approved work plan and achieving candidate
status. However, there remained significant challenges in meeting EITI
requirements concerning the development of civil society (See Section
4), and there continued to be a lack of transparency in the extractive
industries.
In October the Government began disbursing funds for social
projects under the social development fund, a mechanism developed
jointly with a foreign donor that was designed to enhance the
transparency of social spending in line with international development
norms.
On December 2, anticorruption activist groups, including the French
chapter of AI, filed a lawsuit in Paris against President Obiang and
two other African heads of state, accusing them of acquiring luxury
homes in France with embezzled public funds. The plaintiffs stated that
there was ``no doubt that these assets could not have been acquired
with the sole salaries and benefits of these heads of state.''
In December a Spanish human rights group filed a formal complaint
with anticorruption public prosecutors in Spain, claiming that members
of President Obiang's family and high-ranking political officials close
to the president had illegally embezzled 12.7 billion CFA francs ($26
million) from a state petrol company to buy homes in Spain, and had
laundered these public funds between 2000 and 2003 in American and
Spanish banks. According to media reports, Spain's anticorruption
prosecutor had begun investigating allegations against these
individuals by year's end.
The law did not provide for public access to government
information, and citizens and noncitizens, including foreign media,
were generally unable to access government information. A lack of
organized record keeping, archiving, and public libraries also limited
access. Government officials were more forthcoming with information
during the year.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were very few domestic human rights NGOs; they focused on
development-related issues involving social and economic rights, such
as health and elderly care, and none reported publicly on the abuse of
civil or political rights by the Government or official corruption. The
law restricts NGOs and identifies specific areas in which they may
operate; human rights was added in 2005 to those types of NGOs that may
organize. During the year the Government met with domestic NGO
representatives to enhance cooperation on efforts to adhere to the
transparency principles of EITI. Despite this increased cooperation,
the Government's attitude toward domestic and international NGOs that
worked in or reported on the country generally remained ``not
friendly,'' according to a foreign diplomat charged with evaluating the
status of civil society in the country. The Government's relationship
with NGOs was reported to be mistrustful due to concerns about state
security, particularly in light of coup attempts in recent years.
Government restrictions, including burdensome registration requirements
and lack of capacity to manage and provide the public with information,
continued to impede the activities and development of domestic civil
society (See Sections 2.a. and 2.b.). There were few international
human rights NGOs resident in the country, and they generally focused
on the rights of the poor (social and economic rights), not civil and
political rights.
The Government cooperated to varying degrees with international
organizations such as the ICRC and the UN. During the year the
Government continued to allow the ICRC to monitor detention facilities,
although the ICRC suspended its monitoring activities early in the year
for lack of cooperation and had not resumed monitoring by year's end.
The Government also invited and permitted UN Special Rapporteur on
Torture Novak to visit the country to assess some but not all of the
country's detention facilities. Novak expressed that examples of
torture in the country appeared to reflect a state-endorsed method of
obtaining evidence and confessions (See Section 1.c.). Explaining that
a culture of total impunity ``allows torture to continue unabated,''
Nowak noted that not one conviction for torture could be found in court
records, and that officers known for resorting to torture were able to
establish successful careers in the security forces. He also cited
``the non-functioning of the administration of justice and, therefore,
the absence of the rule of law.'' Nowak recommended that the Government
undertake ``profound reform'' of its laws, penal system, and judicial
and law enforcement institutions. He also recommended that the
Government establish effective monitoring and accountability mechanisms
to combat torture, and that foreign diplomats in Malabo conduct regular
monitoring visits to detention facilities. UN officials also
recommended that the international community, including transnational
corporations, ensure that they were not complicit in human rights
abuses in their business practices and development activities.
The primary organization with some responsibility for human rights,
the National Commission for Human Rights (CNDH), was dependent on and
heavily influenced by the Government and suffered serious funding,
staff, and institutional limitations. It did not investigate human
rights complaints or keep statistics on them. The president appointed
the members of the CNDH.
The Center for Human Rights and Democracy, although organized as a
quasi-independent body, had no independent source of funding or
authority other than that provided by the Government. It received
minimal financial and administrative support. Nonetheless, the center
showed greater independence during the reporting period. Previously its
role had been primarily advocacy and public sensitization; however,
during the year it began conducting investigations, including into
detention center conditions, and reporting violations or complaints to
the parliament.
The parliamentary committee for complaints and petitions provided a
forum for the public to address concerns, and was increasingly active
during the year. The committee accepted complaints and cases whenever
the parliament was in session.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, religion, disability, language, or social status; however, the
Government did not enforce these provisions effectively. Nonetheless,
numerous public outreach efforts were undertaken to improve public
awareness of the issues associated with violence and discrimination
against women and children, discrimination against ethnic minorities,
and discrimination against those with HIV/AIDS.
Women.--Rape is illegal, but spousal rape is not specified in the
law. The Government did not enforce the law effectively. Reporting rape
was considered shameful to families involved. Several prosecutions came
before the courts during the year, but the exact number was not known.
Domestic violence was a problem. Violence against women, including
spousal abuse, is illegal, but the Government did not enforce the law
effectively. In conjunction with international organizations, the
Government conducted public awareness campaigns on women's rights and
domestic violence. The police and judiciary were reluctant to prosecute
domestic violence cases.
Prostitution is illegal, and the Government continued to enforce
the law against businesses and pimps. Nonetheless, freelance
prostitution was evident in the two major cities of Malabo and Bata.
Sexual harassment is illegal; its extent was unknown. There were no
known cases brought before the courts.
The law provides for equal rights for women and men, including
rights under family law, property law, and in the judicial system;
however, rights of women were limited in practice.
A foreign development fund, as part of its program to support civil
society, dedicated one of its forums to the rights of women. The
dominant topics were polygyny and traditional attitudes that make women
vulnerable. Polygyny, which was widespread, contributed to women's
secondary status, as did limited educational opportunities.
In rural areas, women largely were confined by custom to
traditional roles, particularly in agriculture. In urban settings,
women with equal qualifications rarely suffered overt discrimination.
However, the country remained a conservative culture in which societal
bias against women persisted. Women sometimes experienced
discrimination in access to employment, credit, pay for substantially
similar work, and business ownership or management.
Children.--The Government's commitment to children's rights and
welfare improved during the year. The Government continued a national
vaccination campaign and conducted numerous public outreach campaigns
to raise awareness of the importance of education, health, and the
rights of children.
The overwhelming majority of children attended school at least
through primary grades. Boys were generally expected by their families
either to complete an additional seven years of secondary school or to
finish a program of vocational study after primary education. For many
girls in rural settings, however, early pregnancy or the need to assist
at home limited educational opportunities, and women generally attained
lower educational levels than men. During the year the Government
partnered with a foreign oil company to undertake a multi-million
dollar school renovation program, and continued bilateral efforts with
a foreign country to reform outdated curriculum materials.
Abuse of minors is illegal; however, the Government did not enforce
the law effectively, and child abuse occurred. Physical punishment was
the culturally accepted method of discipline. During the year a small
number of cases in which child abuse was alleged came before the
courts.
There were no statistics on child prostitution, and there was
little evidence it occurred.
Trafficking in Persons.--The law prohibits trafficking in persons;
however, some trafficking through and to the country was suspected.
There were no reliable figures on the number of trafficking victims due
to lack of any recent reliable studies. The country was a destination
point for children primarily from Benin, Nigeria, and Cameroon
trafficked to Malabo and Bata for the purpose of forced labor (such as
domestic servitude), and possibly a transit and destination for women
and children trafficked for sexual exploitation.
In the past traffickers generally crossed the border with false
documents and children they falsely claimed were their own. However,
removal of economic incentives for such activity apparently reduced
trafficking to a small number of cases.
The Government cooperated with other governments and with
international organizations and NGOs to aid trafficking victims and
assist in their repatriation.
The Ministry of Justice was responsible for combating trafficking
in persons, and the minister of justice was president of the
interinstitutional commission on illegal trafficking of migrants and
trafficking of persons. The Ministry of Women's Promotion was
responsible for addressing issues related to protection of trafficking
victims. However, the country lacked shelters for providing victim
assistance.
The penalties for trafficking in persons for sexual exploitation or
other exploitation are imprisonment for 10 to 15 years and a fine of
not less than approximately 50 million CFA francs (approximately
$100,000). There were no reported prosecutions for trafficking during
the year.
The Government provided limited protection or assistance to victims
or witnesses. Embassies of victims' countries of origin, if present,
were invited to assume care of victims until they were returned to
their home countries. There were few NGOs in the country to assist
victims. The only victims identified were repatriated.
The Government, through the National Action Plan to Fight Against
Trafficking in Persons and Child Labor, continued to fund a program to
educate the public against these practices, assist victims and punish
offenders.
Law enforcement officials, often stationed in market places,
enforced laws prohibiting minors from working in markets or other
sectors. Vendors who violate these laws were forced to close down their
stalls, were heavily fined, or were deported. Children found to be
working in markets were not provided with social services.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law does not provide protection for
persons with disabilities from discrimination in employment, education,
or the provision of other state services, nor does the law mandate
access to buildings for persons with disabilities.
Educational services for the mentally or physically handicapped
were limited. The local Red Cross, with financial support from the
Government, managed the country's school for deaf children. The country
also provided care for the mentally handicapped in the Virgin Madre
Maria Africa facility.
The ministries of education and health had primary responsibility
for protecting the rights of persons with disabilities. Public service
announcements regarding rights of persons with disabilities continued
to be broadcast.
National/Racial/Ethnic Minorities.--Discrimination against ethnic
or racial minorities was illegal; however, societal discrimination,
security force harassment, and political marginalization of minorities
were problems. The number of illegal residents from Nigeria, Ghana,
Cameroon, Mali, Togo, and other African countries represented an
estimated one-third of the population and continued to grow, despite
police attempts to enforce immigration laws. Foreign workers from West
Africa and elsewhere were attracted to the country by its growing oil-
based economy.
In October the Ministry of the Interior requested the assistance of
all embassies and consulates to help control the country's growing
illegal immigration problems. Foreign diplomats requested ministry
assistance in minimizing the harassment of legal immigrants and the
tendency of officials to misplace or lose passports, work permits, and
other official documents essential to immigrants.
Other Societal Abuses and Discrimination.--Societal stigmatization
and discrimination against homosexuals was strong, and the Government
made little effort to combat it.
Despite frequent public statements and radio campaigns advocating
nondiscrimination toward them, persons with HIV/AIDS continued to be
victims of societal stigmatization, which led them to keep their
illness hidden. The Government provided for free HIV/AIDS testing and
treatment, and supported public information campaigns to increase
awareness.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers the right to
establish unions and affiliate with unions of their choice, without
previous authorization or excessive requirements; however, the
Government placed practical obstacles before groups wishing to
organize. Most often, those seeking to organize were co-opted into
existing party structures by means of pressure and incentives. The
Union Organization of Small Farmers continued to be the only legal
operational labor union. According to the International Trade Union
Confederation, authorities continued to refuse to register the
Equatorial Guinea Trade Union. The law stipulates that a union must
have at least 50 members from a specific workplace to register; this
rule effectively blocked union formation. Authorities refused to
legalize the Independent Syndicated Services, a public sector union,
despite its having met the requirements of the law.
Workers rarely exercised their right to strike in part because they
feared losing their jobs and possible harm to themselves or their
families. On rare occasions workers engaged in temporary protests or
``go slows'' (work slowdowns and planned absences).
In March pay issues reportedly led Chinese construction workers to
strike against their Chinese employer in the town of Mongomo, which led
to a violent confrontation with police and resulted in the deaths of at
least three of the workers. No other information was available.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct activities without interference, but the Government
did not protect this right in practice.
The Government and employers set wages with little or no
participation by workers, though booming market conditions have driven
wages to some of the highest levels in the region. There were few
reports of organized, collective bargaining by any group; however, the
Ministry of Labor sometimes mediated labor disputes. Dismissed workers,
for example, could appeal to the ministry, first through their regional
delegate; however, there was little trust in the fairness of the
system. Citizens had a right to appeal Labor Ministry decisions to a
special standing committee of the parliament established to hear
citizen complaints regarding decisions by any government agency.
There is no law prohibiting antiunion discrimination, but there
were no reports that it occurred.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor and slavery, including by children. There
were no reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
While no comprehensive child labor law has been passed, in practice a
series of decrees and resolutions forms the basis for government
action. The law against trafficking provides that persons found guilty
of illegally forcing a minor to work may be punished with a fine from
approximately 50,000 to 250,000 CFA francs ($100 to $500); however,
child labor sometimes occurred, generally the selling of small items on
the street or in markets.
The legal minimum age for employment is 14 years. In most cases
children also went to school, girls through primary school and boys
through middle school. The employment of children is prohibited in
street vending and car washing, though individuals continued to
freelance in such activities.
The Ministry of Labor is responsible for enforcing child labor
laws.
e. Acceptable Conditions of Work.--Enforcement of labor laws and
ratified international labor agreements was not effective, resulting in
poor working conditions. While the Government paid more attention to
related issues in during the year, safety codes, for example, were not
generally enforced. Most petroleum companies, on the other hand,
exceeded minimum international safety standards.
By law employers must pay the minimum wage set by the Government.
Minimum wage in the country is set by statute and varies from sector to
sector. Minimum wages were set for all sectors of the formal economy;
however, the minimum wage did not provide a decent standard of living
for a worker and family in Malabo or Bata. In the rest of the country,
the minimum wage would provide a minimally adequate income. Many formal
sector companies paid more than this, but many workers (e.g. farmers)
were not covered under the minimum wage law. By law, hydrocarbon
industry workers received salaries many times higher than those in
other sectors, creating disparities within society and fueling
inflation for some goods and services. The Ministry of Labor is
responsible for enforcing minimum wage rules.
The law prescribes a standard 35-hour workweek and a 48-hour weekly
rest period, requirements that generally were observed in practice in
the formal economy. Exceptions were made for some jobs, such as those
in offshore oil industry work. Premium pay for overtime was required,
but the requirement was not effectively enforced.
The law provides for protection for workers from occupational
hazards, but the Government did not effectively enforce this provision.
The Government had an insufficient number of labor inspectors to
oversee industry. The law does not provide workers with the right to
remove themselves from situations that endangered health or safety
without jeopardizing their continued employment.
__________
ERITREA
Eritrea, with a population of approximately 5.5 million, is a one-
party state that became independent in 1993 when citizens voted for
independence from Ethiopia. The People's Front for Democracy and
Justice (PFDJ), previously known as the Eritrean People's Liberation
Front, is the sole political party and has controlled the country since
1991. The country's president, Isaias Afwerki, who heads the PFDJ and
the armed forces, dominated the country, and the Government continued
to postpone presidential and legislative elections; the latter have
never been held. The border dispute with Ethiopia continued, despite
international efforts at demarcation. The situation was used by the
Government to justify severe restrictions on civil liberties. Civilian
authorities generally maintained effective control of the security
forces.
The Government's human rights record remained poor, and authorities
continued to commit numerous, serious abuses, including: abridgement of
citizens' right to change their government through a democratic
process; unlawful killings by security forces; torture and beating of
prisoners, sometimes resulting in death; abuse and torture of national
service evaders, some of whom reportedly died of their injuries while
in detention; harsh and life threatening prison conditions; arbitrary
arrest and detention, including of national service evaders and their
family members; executive interference in the judiciary and the use of
a special court system to limit due process; and infringement on
privacy rights, including roundups of young men and women for national
service and the arrest and detention of the family members of service
evaders. The Government severely restricted freedoms of speech, press,
assembly, association, and religion. The Government also limited
freedom of movement and travel for expatriates, personnel of
humanitarian and development agencies, and employees of the UN Mission
to Eritrea and Ethiopia (UNMEE). Restrictions continued on the
activities of nongovernmental organizations (NGOs). Female genital
mutilation (FGM) was widespread, and there was societal abuse and
discrimination against women, members of the Kunama ethnic group,
homosexuals, and persons with HIV/AIDS. There were limitations on
worker rights.
The Government acted as a principal source and conduit for arms to
antigovernment, extremist, and insurgent groups in Somalia, according
to a June report issued by the UN Munitions Monitoring Group.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the Government or its agents committed arbitrary or unlawful
killings, including at least one politically motivated killing. The
Government was allegedly complicit in the death of a prominent
businessman.
The Government continued to authorize the use of lethal force
against individuals resisting or attempting to flee during military
searches for deserters and draft evaders, and the practice reportedly
resulted in deaths during the year. Several persons detained for
evading national service died after harsh treatment by security forces.
There were reports that individuals were severely beaten and killed
during roundups of young men and women for national service.
In May there were reports of summary executions and of individuals
shot on sight near the Djibouti border, allegedly for attempting to
flee military service. In June international news reports maintained
that the Eritrean military shot at their own defecting soldiers who
broke rank along the Djibouti border, instigating the Djibouti-Eritrea
border conflict. In subsequent interviews with human rights groups,
soldiers who broke rank claimed that the Government issued a ``shoot to
kill'' proclamation for deserters and escapees.
There were reports that some persons who were detained because of
their religious affiliation died from security force abuse. The
Government did not investigate or prosecute any report of security
force abuse.
According to the Government Commission for Coordination with the UN
Peacekeeping Mission, an estimated three million landmines and
unexploded ordnance remained from the 30-year war of independence and
the 1998-2000 conflict with Ethiopia. Opposition groups reportedly laid
new mines during the year. The Eritrean Demining Authority, in
cooperation with the UN Mine Action Committee, continued demining
activities in the Temporary Security Zone (TSZ) between Eritrea and
Ethiopia.
b. Disappearance.--Eritrean refugees and asylum seekers who were
repatriated from other countries during the year reportedly
disappeared. In June the Government of Egypt repatriated several
hundred Eritrean refugees and asylum seekers, all of whom were returned
to their families, according to the Government. Nevertheless, there
were numerous reports from family members of missing individuals,
mostly young men and women who had not completed national service. In
May German immigration authorities returned two Eritrean nationals,
neither of whom had been seen since their arrival in Asmara.
At year's end the whereabouts of 11 senior PFDJ and National
Assembly members, at least 15 journalists, and several employees of
diplomatic missions arrested by the Government in 2001 remained
unknown. In 2007 there were allegations that one of the 11 PFDJ
officials had died in detention and that the rest were being held in
solitary confinement.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law and ratified but unimplemented constitution
prohibits torture; however, there were numerous reports that security
forces resorted to torture and beatings of prisoners, particularly
during interrogations. There were credible reports that several
military conscripts died following such treatment. Security forces
severely mistreated and beat army deserters, draft evaders, persons
attempting to flee the country without travel documents and exit
permits, and members of certain religious groups. Security forces
subjected deserters and draft evaders to such disciplinary actions as
prolonged sun exposure in temperatures of up to 120 degrees Fahrenheit
and the binding of hands, elbows, and feet for extended periods. No
known action was taken during the year to punish perpetrators of
torture and abuse.
There were reliable reports that torture was widespread in an
unknown number of detention facilities, corroborated by prison
escapees. For example, authorities suspended prisoners from trees with
their arms tied behind their backs, a technique known as ``almaz''
(diamond). Authorities also placed prisoners face down with their hands
tied to their feet, a technique known as the ``helicopter.''
There were reliable reports that military officials tortured
foreign fishermen captured in Eritrean waters.
Prison and Detention Center Conditions.--Conditions for the general
prison population were harsh and life-threatening. There were reports
that prisoners were held in underground cells or in shipping containers
with little or no ventilation in extreme temperatures. The shipping
containers were reportedly not large enough to allow all of those
incarcerated together to lie down at the same time.
There were credible reports that detention center conditions for
persons temporarily held for evading military service were also harsh
and life-threatening. Allegations from various sources suggested there
may be hundreds of such detainees. Draft evaders were reportedly sent
to the Wi'a military camp, where typically they were beaten. Some were
held as long as two years before being reassigned to their units. At
one detention facility outside Asmara, authorities continued to hold
detainees in an underground hall with no access to light or ventilation
and sometimes in very crowded conditions. Some detainees reportedly
suffered from severe mental and physical stress due to these
conditions. There were also reports of multiple deaths at the Wi'a
military camp due to widespread disease and lack of medical care.
Although there is a juvenile detention center in Asmara, juveniles
frequently were held with adults in prisons and detention centers.
Pretrial detainees were not always separated from convicted prisoners.
During the year the Government did not permit the International
Committee of the Red Cross (ICRC) or any local human rights
organizations to monitor federal, regional, or local prison conditions;
however, the Government granted the ICRC access to Ethiopian prisoners
of war being detained in the country.
Authorities generally permitted convicted criminals in federal,
regional, and local prisons three visits per week by family members;
however, persons detained, arrested, or convicted for reasons of
national security or for evading national service were denied family
visits.
d. Arbitrary Arrest or Detention.--The law and unimplemented
constitution prohibit arbitrary arrest and detention; however,
arbitrary arrest and detention remained chronic problems.
Role of the Police and Security Apparatus.--Police are officially
responsible for maintaining internal security, and the army is
responsible for external security; however, the Government can call on
the armed forces, the reserves, and demobilized soldiers to meet either
domestic or external security requirements. Agents of the National
Security Office, which reports to the Office of the President, are
responsible for detaining persons suspected of threatening national
security. The military has the authority to arrest and detain
civilians. Generally police did not have a role in cases involving
national security, but they were heavily involved in rounding up
individuals evading national service.
Police, who often were conscripted, were poorly paid, and
corruption was a problem. During the year there were reports of police
and other security forces committing crimes to supplement their income.
Police typically used their influence as government officials to assist
friends and family. There were reports that police demanded bribes to
release detainees and that military forces accepted money to smuggle
citizens out of the country. There were no mechanisms to address
allegations of official abuse, and impunity was a problem.
During the year the police, military, and internal security
arrested and detained persons without due process and often used
violence. Police forcibly arrested individuals on the street who were
unable to present identification documents. Those in government
national service were required to present ``movement papers'' issued by
their offices or departments authorizing their presence in a particular
location. Those persons who did not present ``movement papers'' were
arrested.
Arrest and Detention.--The law stipulates that detainees must be
brought before a judge within 48 hours of their arrest and may not be
held more than 28 days without being charged with a crime. In practice
authorities often detained suspects for much longer periods. The law
stipulates that unless there is a ``crime in progress,'' police must
conduct an investigation and obtain a warrant prior to making an
arrest. In cases involving national security, this process may be
waived. In practice very few individuals were arrested with a warrant.
Authorities did not promptly inform detainees of charges against them
and often changed the charges during the course of detainment.
Detainees in prisons often did not have access to counsel or appear
before a judge, and incommunicado detention was widespread, although
detainees in police stations generally had access to legal
representation and family members. Authorities provided indigent
detainees with counsel on an irregular basis. There was a functioning
bail system, except for persons charged with national security crimes
or crimes that could carry the death penalty.
Security force personnel detained individuals for evading national
service, generally for fewer than three days, and on other unspecified
national security charges. Numerous detainees were arrested even if
they had valid papers showing that they had completed, or were exempt
from, national service.
Security forces also continued to detain and arrest the parents and
spouses of individuals who evaded national service or fled the country
(See Section 1.f.).
No information was available on the numerous family members
arrested and during 2006 security force operations.
The Government does not recognize dual nationality, and during the
year security forces arbitrarily arrested citizens holding other
nationalities on national security charges. There were reports that
plainclothes agents of the National Security Office entered homes
without warrants and arrested occupants.
Reports also indicated that persons with connections to high-level
officials instigated the arrest of individuals with whom they had
personal vendettas.
The Government continued to arbitrarily arrest persons who spoke
out against the Government and members of nonregistered religious
groups (See Section 2.c.).
There were reports that the Government continued to hold without
charge numerous members of the Eritrean Liberation Front, an armed
opposition group that fought against Ethiopia during the struggle for
independence.
There were no developments in the 2002 arrests of individuals
associated with the 11 PFDJ National Assembly members who were detained
in 2001 or of Eritrean diplomats who were recalled from their posts. At
least four Eritrean diplomats arrested in previous years, including
former ambassador to China Ermias Debassai Papayo, remained in
detention, as did Aster Yohannes, wife of former foreign minister
Petros Solomon. Two citizens who worked for a foreign embassy have
remained in detention without charge since 2001. One of the two
citizens who worked for a foreign embassy and were arrested in 2005 and
2006 remained in detention. Ten citizens employed with international
and local NGOs remained in detention.
The Government held numerous other detainees; however, there were
widespread reports that it released many of them without bringing them
to trial. The detainees included an unknown number of persons suspected
of antigovernment speech or of association with the 11 former PFDJ
members arrested in 2001. Suspected Islamic radicals or suspected
terrorists also remained in detention without charge. Some have been
detained for more than 10 years. These detainees reportedly did not
have access to legal counsel and were not brought before a judge.
In August the Government conducted a widespread round-up of
citizens employed by local and international NGOs. Soldiers reportedly
invaded NGO compounds, rounding up dozens of local employees. Many of
these employees were later released; 10 remained in custody and were
reportedly transferred to the Adi Abieto prison. At year's end they
remained in detention.
e. Denial of Fair Public Trial.--The law and unimplemented
constitution provide for an independent judiciary; however, the
judiciary was weak and subject to executive control. Judicial
corruption remained a problem. The judicial process was influenced by
patronage of former fighters who in many cases were judges themselves.
Executive control of the judiciary continued; the Office of the
President served as a clearinghouse for citizens' petitions to the
courts or acted for the courts as arbitrators or facilitators in civil
matters. The judiciary suffered from a lack of trained personnel,
inadequate funding, and poor infrastructure that limited the
Government's ability to grant accused persons a speedy and fair trial.
Public trials were held, but no cases involving individuals detained
for national security or political reasons were brought to trial. The
drafting into national service of many civilian court administrators,
defendants, judges, lawyers, and others involved in the legal system
continued to have a significant negative impact on the judiciary. The
Government has not issued licenses to lawyers wishing to enter private
practice for nine years.
The text of the constitution was completed and ratified by the
National Assembly in 1997. It contains provisions intended to promote
fair trials; however, the constitution has not been implemented. The
judicial system consists of civilian courts and ``special courts.'' The
civilian court system includes community courts, regional courts, and
the High Court, which also serves as an appellate court. Appeals can be
made in the civilian courts up to the High Court. Minor infractions
involving sums of less than approximately 110,000 nakfa ($7,300) are
brought to community courts. More serious offenses are argued before
regional courts, but the High Court is the court of first instance for
a significant proportion of cases involving murder, rape, and other
felonies. A single judge hears all cases except those argued before the
High Court, where panels of three judges hear cases. A panel of five
judges hears cases in which the High Court serves as the court of final
appeal.
The executive-controlled special courts issue directives to other
courts regarding administrative matters, although their domain was
supposed to be restricted to criminal cases involving capital offenses,
theft, embezzlement, and corruption. The Office of the Attorney General
decides which cases are to be tried by a special court. No lawyers
practice in the special courts. The judges serve as the prosecutors and
may request that individuals involved in the cases present their
positions. The special courts, which do not permit defense counsel or
the right of appeal, allowed the executive branch to mete out
punishment without regard for due process. Most trials in special
courts were not open to the public.
Many civilian and special court judges are former senior military
officers with no formal legal training. They generally based their
decisions on ``conscience'' without reference to the law. There was no
limitation on punishment, although the special courts did not hand down
capital punishment sentences during the year. The attorney general
allowed special courts to retry civilian court cases, including those
decided by the High Court, thereby subjecting defendants to double
jeopardy. In rare instances appeals made to the Office of the President
reportedly resulted in special courts rehearing certain cases.
Most citizens' only contact with the legal system was with the
traditional community courts. In these courts judges heard civil cases,
while magistrates versed in criminal law heard criminal cases.
Customary tribunals were sometimes used to adjudicate local civil and
criminal cases. The Ministry of Justice offered training in alternative
dispute resolution to handle some civil and criminal cases.
Shari'a law for family and succession cases could be applied when
both litigants in civil cases were Muslims. In these cases, the
sentences imposed could not involve physical punishment.
Trial Procedures.--The law and unimplemented constitution provide
specific rights to defendants in the regular court system. Defendants
have the right to be present and to consult with an attorney; however,
many defendants lacked the resources to retain a lawyer, and government
legal aid was limited to defendants accused of serious crimes
punishable by more than 10 years in prison. Only in the High Court do
the defendants have the right to confront and question witnesses,
present evidence, gain access to government-held evidence, appeal a
decision, and enjoy the presumption of innocence; these rights were
upheld in practice. Rural courts followed customary law rather than
constitutional law and were headed by rural elders or elected
officials. Smaller cases in rural areas were encouraged to be
reconciled outside the court system, while more substantial cases were
reserved for the courts. These safeguards do not apply in the special
courts. Trials were open to the public but were not heard by a jury;
they were heard by a panel of judges.
Political Prisoners and Detainees.--There were no confirmed reports
of political prisoners; however, several hundred individuals were
detained beginning in 2001 for political reasons. Many were perceived
to have ties to political dissidents or were believed to have spoken
against government actions. Most of these detainees had not been tried
and did not have access to legal counsel. The ICRC was not authorized
to visit these detainees, and no information was available of their
condition or circumstances of detention.
Civil Judicial Procedures and Remedies.--There are no civil
judicial procedures for individuals claiming human rights violations by
the Government. For the majority of citizens there were few remedies
available for enforcing domestic court orders; however, persons
affiliated with the executive branch, former fighters, and persons with
wealth could use their influence with the court to secure civil
remedies before the law.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law and unimplemented constitution prohibit such
actions; however, the Government did not respect these rights in
practice.
The Government deployed military and police throughout the country,
using roadblocks, street sweeps, and house-to-house searches to find
deserters and draft evaders. Security forces continued to detain and
arrest parents of individuals who evaded national service duties or
fled the country, along with their family members; however, unlike in
previous years, there were no reports that such parents were fined or
forced to turn their children in to the Government. Government
officials entered households and confiscated the property and livestock
of draft evaders.
Additionally, there were reports of security forces arresting
persons whose expatriate family members did not pay their
extraterritorial income tax.
There were reports that security forces targeted gatherings of
unregistered religious groups, regularly searched their homes, and
detained their members. There were also reports the Government
sometimes seized the property of registered religious groups (See
Section 2.c.).
The Government monitored mail, e-mail, and telephone calls without
obtaining warrants as required by law. Government informers were
believed to be present throughout the country.
There were reports that military and government officials seized
residences and businesses belonging to private citizens and religious
organizations and subsequently housed the families of senior military
officers or government officials in the properties, used them for
government or military functions, or reassigned ownership to government
and military officials.
During the year the Government demanded that departing NGOs hand
over paperwork and documents to government officials. After the forced
closure of several NGOs in 2005 and 2006, the Government required that
all NGO property be turned over to it, including such items as
computers, printers, and vehicles.
In September 2007 government agents forcibly removed residents from
their property in the Um Hajer and Goloj areas and the Gash Barka
region; the property was then transferred to other settlers. The
Government failed to compensate foreigners for property taken by
preindependence governments or to restore their property to them.
In 2006 the Government reportedly forcibly resettled individuals
residing in Massawa based on professed concerns for the security of the
president. Individual houses and businesses were demolished without
adequate compensation.
During the year the Government denied parents permission to visit
their minor children in Sawa Academy, an isolated and remote
government-run school for all 12th grade students.
While membership in the PFDJ, the Government's only sanctioned
political party, was not mandatory for all citizens, the Government
coerced membership for certain categories of individuals, particularly
those occupying government positions or assigned through national
service to serve in government institutions. All citizens were forced
to attend PFDJ indoctrination meetings irrespective of membership, and
there were reports of threats to withhold the ration cards of those who
did not attend. There were reports that similar meetings were mandatory
for Eritrean communities abroad, with names of those not in attendance
being reported to government officials. There were also reports that
the Government oppressed individuals who previously belonged to parties
that were pro-Ethiopian prior to independence.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law and unimplemented
constitution provide for freedom of speech and of the press; however,
the Government severely restricted these rights in practice. Citizens
did not have the right to criticize their government in public or in
private, and some who did so were arrested or detained. The private
press remained banned, and most independent journalists remained in
detention or had fled the country, which effectively prevented any
public and media criticism of the Government. The Government
intimidated the remaining journalists into self-censorship.
The Government controlled all media, which included three
newspapers, three radio stations, and two television stations. The law
does not allow private ownership of broadcast or other media. The
Government banned the import of foreign publications; however,
individuals were permitted to purchase satellite dishes and subscribe
to international media. The Government had to approve publications
distributed by religious or international organizations before their
release, and the Government continued to restrict the right of
religious media to comment on politics or government policies. The
press law forbids reprinting of articles from banned publications. The
Government also required diplomatic missions to submit all press
releases for approval before their publication in the Government media.
The Government permitted three reporters representing foreign news
organizations (AFP, Reuters, Al-Jazeera) to operate in the country;
however, it frequently prevented them from filing stories with their
news organizations.
The Government created administrative obstacles one international
journalist in February for not revealing his sources. The journalist
was eventually forced to leave.
The Swedish reporter who was held by the Government for nearly four
years, released for medical treatment in 2005 and detained again a few
days later, remained in detention without charge at year's end.
At least 15 local journalists who were arrested in 2001 remained in
government custody at year's end. According to the NGO Reporters
Without Borders on January 11, former journalist Fessehaye ``Joshua''
Yohannes, who had been detained since 2001 for publishing an open
letter critical of the president, died as a result of life-threatening
conditions in the Eiraeiro prison.
According to Reporters Without Borders, journalists who remained in
detention at year's end included: Eri-TV journalists Ahmed ``Bahja''
Idris, Johnny Hisabu, Senait Tesfay, Fathia Khaled, and Amir Ibrahim;
Radio Dimtsi Hafash employees Daniel Mussie and Temesghen Abay; and
Yemane Haile of the Eritrean News Agency. All those detained, except
Hisabu, who was held in a detention center in Barentu, were reportedly
held in a police-run complex in Asmara known as Agip.
Some of the nine Ministry of Information journalists arrested in
2006 were released in 2007, and others remained in detention at year's
end.
Internet Freedom.--There were no official restrictions on the use
of the Internet; however, all Internet service providers were required
to use government-controlled Internet infrastructure to provide
service. The Government owned, either directly or through high-ranking
PFDJ party members, the three Internet service providers. In urban
areas, individuals were able to access the Internet through Internet
cafes for a fee or through an at-home service provider. There were
reports that the Government monitored Internet communications.
Academic Freedom and Cultural Events.--The Government restricted
academic freedom. In the academic context it did not respect freedom of
speech, students' freedom of movement, or the right to assemble.
The Government issued a directive in 2002 that reorganized the
University of Asmara, which effectively shut down the university's
undergraduate programs. As a result, prospective students have not been
allowed to enroll in the university and instead were directed by the
Government to attend the Mai Nafhi Technical Institute. Students
finishing high school were not permitted to choose their next course of
study and were assigned to specific vocational programs based on their
performance on the matriculation exam, but only those students
completing military training at Sawa or receiving a medical waiver were
allowed to sit for the exam. A few graduate-level programs remained at
the university; however, the law school was effectively closed, as new
students were not permitted to enroll.
In 2007, 78 graduates of Asmara University issued a statement of
concern regarding the Government's efforts to blackmail students and
graduates.
The Government denied exit visas to many students who wanted to
study abroad. University academics who wished to travel abroad for
further study or training were required to seek permission in advance
from the university president and the Government.
The Government monitored and controlled which films were shown at
the cinema. International film festivals were closely monitored, and
all films had to be approved by the Government.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Peaceful Assembly.--The law and unimplemented constitution provide for
freedom of assembly and association; however, the Government did not
permit freedom of assembly or association. For gatherings of more than
three persons, the Government required those assembling to obtain a
permit, although this requirement was enforced sporadically. No
information was available on the 40 women and elders who were arrested
in 2006 when they gathered at the presidential palace in Asmara to ask
for information about their husbands and family members, who had been
detained in retribution for their children fleeing the country to evade
national service; security forces arrested the women and elders for not
having a permit to assemble.
Freedom of Association.--The law and unimplemented constitution
provide for freedom of association; however, in practice the Government
did not respect these rights.
The Government did not allow the formation of any political parties
other than the PFDJ.
c. Freedom of Religion.--The law and unimplemented constitution
provide for freedom of religion; however, the Government restricted
this right in practice. Only the four religious groups whose
registrations had been approved by the Government (Orthodox Christian,
Muslims, Catholics, and Lutherans) were allowed to meet legally during
the year. Security forces continued to abuse, arrest, detain, and
torture members of nonregistered churches; at times such abuse resulted
in death.
During the year there continued to be reports that security forces
used extreme physical abuse such as bondage, heat exposure, and
beatings to punish those detained for their religious beliefs. Numerous
detainees were reportedly required to sign statements repudiating their
faith or agreeing not to practice it as a condition for release. There
also continued to be reports that relatives were asked to sign for
detainees who refused to sign such documents. During the year a woman
died from lack of medical attention while in the Wi'a military camp.
In October there were allegations that government authorities
confiscated and burned more than 1,500 Bibles from incoming military
trainees. Those who protested the burning were allegedly locked in
metal shipping containers.
In November a member of the Full Gospel Church died at the Wi'a
Military Training Center when refused malaria medications. This is
reportedly the second death of the year due to withholding of malaria
medications, a practice security forces have allegedly used to force
trainees to recant their faith.
In December the Government arrested more than 17 leaders of
``noncompliant'' religious groups, including a prominent doctor.
In November credible reports stated the Government arrested more
than 110 evangelical Christians, including members of the Kalet Hiwot
Church, the Full Gospel Church, and the Church of the Living God.
During the year the Government seized the property of registered
religious groups. For example, in June the Government seized property
belonging to the Catholic Church and ordered employees to vacate the
building.
During the year there were reliable reports that Eritrean
government officials in Kenya sanctioned the intimidation and
harassment of an Eritrean religious official in Kenya.
The Government arrested 19 Jehovah's Witnesses during the year. The
Government is actively seeking the arrest of additional members.
During the year there were credible reports of government officials
being complicit in the physical abuse and torture of an Eritrean
religious official in Nairobi. The same government officials were also
reportedly responsible for threatening church members and seizing
church funds. There were additional reports of the Government being
responsible for the deposing and the unknown whereabouts of three
former Orthodox priests in Nairobi.
There were no developments in the September 2007 report that
government officials tortured to death a woman who had been detained
for more than 18 months at Wi'a Military Training Center because of her
refusal to sign a letter renouncing her faith.
During the year there were reports that hundreds of followers of
various unregistered churches (mostly Protestant) were detained,
harassed, and abused. Many of those detained were held in military
prisons for not having performed required national military service.
Several pastors and dozens of women were among the imprisoned. Several
were released after recanting their faith; however, many refused to
recant and continued to be detained in civilian and military detention
facilities across the country. While some were detained for short
periods of time and released, approximately 3,000 individuals remained
in detention at year's end because of their religious affiliation,
according to the NGO Compass Direct.
In May the Government issued religious officials from the four
recognized religious groups a set number of identification cards and
exempted them from military service requirements. Officials who were
not awarded a card were told to report immediately for military
training.
In November 2007 the Government refused to renew residence and work
permits for 12 foreign Catholic sisters and priests and ordered them to
leave the country. An official characterized the order as a routine
immigration issue not related to the freedom and independence of the
Catholic Church. Foreign Catholic sisters continued to face difficulty
in obtaining entry visas. As of December the last foreign Catholic
sister had left the country. There were also reports of Catholic Church
property being confiscated by the Government (See Section 1.e.).
The Government effectively remained in charge of the Eritrean
Orthodox Church. In 2006 the Holy Synod, under government pressure,
deposed Patriarch Abune Antonios of the Eritrean Orthodox Church on
charges that he had committed heresy and was no longer following church
doctrine. The synod selected a new patriarch, Dioscoros. Deposed
Patriarch Antonios remained under house arrest and at year's end
continued to challenge the circumstances of Patriarch Dioscoross
selection. The lay administrator appointed by the Government in 2005
remained the de facto head of the church; the administrator was neither
a member of the clergy nor an appointee of the patriarch, as required
by the constitution of the Eritrean Orthodox Church.
In 2006 the Government established the practice of taking
possession of the weekly offerings given by parishioners to the
Orthodox Church. The Government-appointed lay administrator of the
Orthodox Church claimed that the Government used the money from the
offerings to pay priests and provide alms for the poor.
In 2006 two men died from injuries and severe dehydration in a
military camp outside the town of Adi Quala, where they were held for
conducting a religious service in a private home.
The Government also continued to monitor, harass, threaten, and
arrest members of the Orthodox Medhane Alem group, whose religious
services it had not approved.
There were reports that the Government in 2006 ordered the Kale
Hiwot church to surrender all of its property to the Government.
The Government prohibited political activity by religious groups
and faith-based NGOs. The Governments Office of Religious Affairs
monitored compliance with this proscription.
The Government continued to harass, detain, and discriminate
against Jehovah's Witnesses because of their refusal, on religious
grounds, to vote in the independence referendum and the refusal of some
to perform national service. Although members of several religious
groups, including Muslims, reportedly have been imprisoned in past
years for failure to participate in national military service, the
Government singled out Jehovah's Witnesses for harsher treatment than
that received by followers of other faiths for similar actions. In the
past the Government dismissed members of Jehovah's Witnesses from the
civil service, and many were evicted from, or not allowed to occupy,
government housing. Members of Jehovah's Witnesses frequently were
denied passports and exit visas, and some had their identity cards
revoked or did not receive them at all.
Societal Abuses and Discrimination.--There were negative societal
attitudes toward members of nonregistered religious organizations. Some
citizens approved of the strict official measures levied against
unsanctioned churches, especially Pentecostal groups and Jehovah's
Witnesses.
There was a very small Jewish population; there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
. Freedom of Movement, Internally Displaced Persons, Protection or
Refugees, and Stateless Persons.--The law and unimplemented
constitution provide for freedom of movement, foreign travel,
emigration, and repatriation; however, the Government restricted some
of these rights in practice. While citizens could generally travel
freely within the country and change their place of residence, the
Government restricted travel to some areas within the country,
particularly along the borders with Sudan and Ethiopia. In August the
Government suspended exit visas and passport services to its citizens.
By year's end the Government provided document and travel service only
to known government loyalists. The Government did not accept
applications from persons requiring judgments from an adjudicator. Many
persons who previously were issued passports were not allowed to renew
them, nor were they granted exit visas. Military police periodically
set up roadblocks in Asmara and on roads between cities to find draft
evaders and deserters. Police also stopped persons on the street and
forcibly detained those who were unable to present identification
documents or movement papers showing they had permission to be in that
area.
Travel restrictions imposed in 2006 on noncitizens remained in
effect. All diplomats, humanitarian organizations and UN staff, and
foreign tourists were required to obtain advance permission from the
Government to leave Asmara. Travel restrictions were enforced by
military checkpoints. Travel permission was not a transparent process.
While some foreign nationals obtained permission to travel to certain
locations, the Government refused to issue travel permits to others
traveling to the same place. The Government often failed to respond to
requests for travel authorization.
In May the Government cut off fuel supplies for international NGOs.
Similar restrictions were placed on UN agencies in April. These
restrictions have prevented the NGOs from visiting project sites,
implementing new projects, or carrying out resettlements.
Citizens and some foreign nationals were required to obtain exit
visas to depart the country. There were numerous cases where foreign
nationals were delayed in leaving for up to two months when they
applied for an exit visa. Persons routinely denied exit visas included
men up to the age of 54, regardless of whether they had completed
national service; women under the age of 47; members of Jehovah's
Witnesses; and other persons out of favor with, or seen as critical of,
the Government. In 2006 the Government began refusing to issue exit
visas to children 11 years and older. The Government also refused to
issue exit visas to children, some as young as five years of age,
either on the grounds that they were approaching the age of eligibility
for national service or because their expatriate parents had not paid
the two percent income tax required of all citizens residing abroad.
Some citizens were given exit visas only after posting bonds of
approximately 150,000 nakfa ($10,000).
The law has no provisions concerning exile, and the Government
generally did not use it.
The Government does not recognize dual citizenship; therefore, all
persons of Eritrean descent are citizens. In general citizens had the
right to return; however, citizens had to show proof that they paid the
2 percent tax on foreign earned income to be eligible for some
government services, including exit visas upon their departure from the
country. Applications to return to the country filed by 'citizens'
living abroad were considered on a case-by-case basis if the applicant
had broken the law, contracted a serious contagious disease, or was
declared ineligible for political asylum by other governments.
During the year, in conjunction with the ICRC, the Government
repatriated approximately 1,023 Ethiopians; and 27 citizens were
repatriated from Ethiopia.
Internally Displaced Persons (IDPs).--Approximately 19,000 IDPs
from the conflict with Ethiopia were permanently resettled during the
previous year. Approximately 6,625 IDPs remained in two camps in the
Debub zone, and approximately 1,250 refugees remained in an IDP camp in
the Southern Red Sea Zone. There also was a large but unknown number of
IDPs residing outside camps during the year. The Government allowed UN
organizations to provide assistance to IDPs. During the year all
remaining IDPs were resettled, although some remained living in tents.
Protection of Refugees.--The law and unimplemented constitution do
not provide for the granting of asylum or refugee status in accordance
with the 1951 UN Convention relating to the Status of Refugees and its
1967 protocol, and the Government did not establish a system for
providing protection to refugees. As a result the Government cannot
provide legal refugee or asylum status; however, in practice the
Government provided some protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened
and provided temporary protection to approximately 135 persons from
Sudan and 4,789 persons from Somalia on a prima facie basis. The
Government cooperated with the Office of the UN High Commissioner for
Refugees (UNHCR) in assisting refugees who were not from Ethiopia.
Credible reports indicated that the Government provided resources to
Ethiopian refugees only if the refugees joined Ethiopian opposition
groups. Ethiopian refugees who did not join opposition groups were
reportedly harassed by government officials.
The Government required noncitizens to pay an annual fee for a
residency card; there was no discrimination regarding nationality. The
fee was 500 nakfa ($34), which was used to demonstrate that a foreigner
was not indigent. If the foreigner could not pay the fee he was first
referred to the ICRC for repatriation, but if he refused repatriation,
he was incarcerated for 60 days, at which point the cycle began again.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law and unimplemented constitution provide citizens with the
right to change their government peacefully; however, citizens were not
allowed to exercise this right in practice.
Elections and Political Participation.--The Government came to
power in a 1993 popular referendum in which voters chose to have an
independent country managed by a transitional government; however the
transitional government has not permitted the formation of a democratic
system. The Government twice scheduled elections in accordance with the
constitution but cancelled them without explanation. An official
declaration in 2003 claimed that ``in accordance with the prevailing
wish of the people it is not the time to establish political parties,
and discussion of the establishment has been postponed.'' Government
officials also state that implementation of the constitution is not
possible until the border demarcation with Ethiopia is finalized.
During the year the president claimed in an Al-Jazeera interview that
elections might not take place for another 30 or 40 years. The country
is a one-party state. Power rests with the PFDJ and its institutions.
At times the Government coerced membership in the PFDJ.
Women held three ministerial positions in the Government: Minister
of Justice, Minister of Labor and Human Welfare, and Minister of
Tourism. Women also served in other senior government positions such as
mayors and regional administrators.
There was no information on whether members of ethnic minorities
were on the PFDJs Executive Council or served on the Central Council.
Some senior government and party officials were members of minority
groups such as the Tigre.
Government Corruption and Transparency.--The World Bank's 2008
governance indicators reflected that corruption was a problem. There
were reports of petty corruption within the executive branch, largely
based on family connections. There were allegations of corruption among
military leaders involving illicit trade and the appropriation of
houses. There were reports that individuals requesting exit visas or
passports had to pay bribes.
In the past the Government has seized successful private companies
and turned them over to the party or to the Government. Individuals
were not compensated for these seizures. During the year the Government
also seized crops and other foodstuffs from individuals and turned them
over to the party.
Although the law and unimplemented constitution provide for public
access to government information, the Government did not provide
information to either citizens or noncitizens.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A few domestic rights groups and international humanitarian groups
operated throughout the country, but with government interference and
restriction. All NGOs, regardless of their scope of work, were required
to register with the Ministry of Labor and Human Welfare. In 2005 the
Government issued a law requiring NGOs to reregister under new
guidelines to continue operating. The new guidelines require
international NGOs to maintain two million dollars in the local bank.
Many failed to receive government approval under the registration
process and were required to leave the country. In 2006 the Government
asked five NGOs-Mercy Corps, ACCORD, Samaritans Purse, International
Rescue Committee, and Concern-to close operations and depart the
country, which they did.
During the year the Government allowed three ruling party-aligned
domestic rights NGOs--Citizens for Peace in Eritrea, Eritrean War
Disabled Fighters Association, and Vision Eritrea, Inc.--to operate.
At the beginning of the year nine international humanitarian
organizations were operational; however, during the year CARE and Dutch
Interchurch Aid departed the country citing obstruction and harassment
from the Government. The Government permitted only one international
humanitarian organization, the ICRC, to operate effectively, and
limited it strictly to operations such as repatriation, providing
shelter to approximately 500 families displaced by the conflict with
Ethiopia, visiting prisons and detention centers where Ethiopians were
held, and providing assistance to Internally Displaced Persons. At
year's end there were seven registered international NGOs.
In 2006 authorities announced that all food assistance would
henceforth be provided through a cash-for-work program. Simultaneously,
the Government redirected over eighty thousand metric tons of food
belonging to the World Food Program (WFP) and other donors to its own
programs. An accounting of the distribution of this food was not
provided by year's end. In keeping with the new policy, the Government
did not permit general humanitarian food distribution by NGOs or by the
WFP, although it allowed the UN Children's Fund (UNICEF) to continue
its supplemental feeding programs, and supplemental feeding and
hospital feeding programs continued under the supervision of the
Ministry of Health. By requiring NGOs and UN organizations to obtain
permission to travel outside the capital, the Government effectively
controlled access by relief organizations to the rural areas. The
status of school feeding programs was unknown at year's end.
The Government allowed UN organizations to provide assistance to
IDPs. By year's end the Government had not returned the 45 vehicles it
had seized in 2005 from the UNHCR.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law and unimplemented constitution prohibits discrimination
against women, persons with disabilities, and discrimination based on
race, language, and social status, and the Government generally
enforced these provisions; however, during the year the Government
provided privilege to former ``revolutionary fighters'' and granted
them access to business opportunities, trade imports, and expropriated
property from non-fighters.
Women.--Rape is a crime; however, it is unclear whether spousal
rape is illegal. There was no information available on the prevalence
of rape. Authorities often responded to reports of rape by encouraging
the perpetrator to marry the victim.
Violence against women was pervasive. Domestic violence is a crime;
however, domestic violence cases were rarely brought to trial, and
there were no legal penalties enshrined into law. Women seldom openly
discussed domestic violence because of societal pressures. Such
incidents were more commonly addressed, if at all, within families or
by clergy. The authorities' response to domestic violence was hindered
by a lack of trained personnel, inadequate funding, and unsupportive
societal attitudes.
Prostitution is illegal but was a serious problem. Security forces
occasionally followed women engaged in prostitution and arrested those
who had spent the night with a foreigner.
Sexual harassment is illegal; however, cultural norms prevented
women from reporting these types of incidents, and no one was charged
or prosecuted for sexual harassment.
Women have a legal right to equal educational opportunities, equal
pay for equal work, and equal property rights; however, in practice men
retained privileged access to education, employment, and control of
economic resources, particularly in rural areas. Women generally did
not enjoy a social status equal to men.
The law requires that women from 18 to 47 years of age participate
in national service. During the year the Government continued efforts
to detain female draft evaders and deserters. According to reports,
some women drafted for national service were subject to sexual
harassment and abuse.
The National Union of Eritrean Women (NUEW), Ministry of Labor and
Human Welfare, and Ministry of Health are the primary government
offices responsible for ensuring legal rights of women. Economic
discrimination against women was not a problem, despite the social
discrepancies.
Children.--The Ministry of Labor and Human Welfare is responsible
for policies concerning children rights and welfare. The Children's
Affairs Division in the Ministry of Labor and Human Welfare covered
childcare, counseling, and probation.
Education through grade seven is compulsory and tuition free;
however, students were responsible for uniforms, supplies, and
transportation, which was prohibitively expensive for many families.
Education above grade seven requires a nominal fee and is not
compulsory. There was a shortage of schools and teachers at all levels,
remedied in part by holding morning and afternoon shifts at schools.
According to estimates by the Ministry of Education, the net enrollment
rate of school-age children in the 2003-04 school year was
approximately 43 percent; the gross elementary (grades one to five)
enrollment rate was 71.7 percent. Approximately 75 percent of the
population was illiterate. In rural areas young girls usually left
school early to work at home.
The Government required all students who reached the final year of
secondary school to attend school at a location adjacent to the Sawa
military training facility in the western section of the country.
Students who did not attend this final year did not graduate and could
not sit for examinations that determined eligibility for advanced
education. The remote location of this boarding school, security
concerns, and societal attitudes reportedly resulted in many female
students not enrolling for their final year; however, women could earn
an alternative secondary school certificate by attending night school
after completing national service. Many students elected to repeat
grades or dropped out of high school after the 11th grade to avoid
forced conscription into the Sawa military education.
During the year 10th and 11th graders from a technical high school
were not allowed to finish their school terms. Instead, they were
mandated to become instructors at Sawa.
There are no laws against child abuse and no government programs to
combat the problem. Physical punishment was widespread and socially
accepted.
An estimated 89 percent of girls had undergone FGM. Almost all
ethnic and religious groups in the country practiced FGM, despite
extensive government efforts to curb the practice. In the lowlands,
infibulation-the most severe form of FGM-was practiced. In March 2007
the Government issued a proclamation declaring FGM a crime and
prohibited its practice. The Government and other organizations,
including the NUEW and the National Union of Eritrean Youth and
Students, sponsored a variety of education programs during the year
that discouraged the practice.
The legal minimum age for marriage for both men and women is 18,
although religious entities may bless marriages at younger ages. UNICEF
reported that child marriage occurred in the west and in coastal areas.
Child Soldiers.--All students spend their last year of high school
at the military training camp in Sawa. Attendance at Sawa is compulsory
and those who do not attend remain at risk of arrest. Students at Sawa
are typically 18 or older, although a fair percentage are as young as
16. The initial three months of June through August are spent
undergoing military training. Students who receive poor grades in high
school have in the past been sent to the Wi'a military training camp in
lieu of being allowed to complete the academic year. It is not known if
rebel groups within the country recruit soldiers under the age of 18.
The law criminalizes child prostitution, pornography, and sexual
exploitation; however, there were reports that children participated in
prostitution.
During the year humanitarian groups and interlocutors anecdotally
noted an increase from previous years in the amount of street children
due in part to an increase in economic hardship. The Government did not
provide services to abate the increase. Further, there were no known
reports of security forces abusing the children.
Trafficking in Persons.--The law and unimplemented constitution
prohibit trafficking in persons, and there were no reports that persons
were trafficked to, from, or within the country.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law and unimplemented constitution
prohibit discrimination against persons with disabilities in
employment, education, or in the provision of other state services, and
there were no reports of discrimination in practice. The Government
dedicated substantial resources to support and train the thousands of
men and women with physical disabilities that resulted from the war for
independence and the conflict with Ethiopia. There are no laws
mandating access for persons with disabilities to public thoroughfares
or public or private buildings, but many newly constructed buildings
provided such access. The Ministry of Labor and Human Welfare was
responsible for the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--There were reports of
government and societal discrimination against the Kunama, one of nine
ethnic groups residing primarily in the west. Societal abuse of
Ethiopians occurred, but there were fewer reports of such abuse than in
the previous year.
Other Societal Abuses and Discrimination.--Homosexuality is
illegal, and homosexuals faced severe societal discrimination. The
Government openly expressed a severe paranoia against homosexuals,
accusing foreign governments of promoting the practice in order to
undermine the Government. There were no known official discriminatory
practices against civilians, although there were uncorroborated reports
that known homosexuals in the military were subjected to severe abuse.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers with the
legal right to form and join unions to protect their interests;
however, some government policies restricted free association or
prevented the formation of some unions, including within the civil
service, military, police, and other organizations providing essential
services. All unions, including the Teacher's Union, Women's Union,
Youth's Union, and Worker's Union, were run by the Government.
Membership in these unions was required. The Government did not
encourage the formation of independent unions by employees of private
businesses. Union leaders were typically government employees, and
union activities were generally government sanctioned. The Ministry of
Labor and Human Welfare must grant special approval for groups of 20 or
more persons seeking to form a union. There were no reports that the
Government opposed the formation of labor associations during the year;
however, the Government did not approve the formation of any unions.
The law allows strikes; however, all unions were closely aligned
with the Government and thus did not exercise or promote the right to
strike.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and collective
bargaining is allowed. In practice all unions are subservient to the
Government, which sets wages for union workers, employees of PFDJ-owned
enterprises, and government employees. Wages are set independently in
the small private sector, although workers are not allowed to organize
independently.
Since most businesses were government-owned, unions did not
experience antiunion discrimination.
The Export Processing Zone, authorized in 2006 to attract foreign
and local investors, was not operational by year's end.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that some citizens between the ages of 18 and54 performed
compulsory labor during the year. Nearly all persons between the ages
of 18 and 54 by law were subjected to national service; however, during
the year many were demobilized after they completed their requirement,
or were found medically unfit. The criteria for demobilization was
unclear and allowed the Government to arbitrarily recall citizens or
deny them key rights as freedom of movement.
The Government required all men between the ages of 18 and 50 and
women between the ages of 18 and 47 to participate in the national
service program, which included military training and civilian work
programs. Increasing reports indicate citizens were enlisted in the
national service for many years below minimum-wage rates with no
prospective end date. The Government justifies its open-ended draft on
the basis of the undemarcated border with Ethiopia. Some national
service members were assigned to return to their civilian jobs while
nominally kept in the military because their skills were deemed
critical to the functioning of the Government or the economy. These
individuals continued to receive only their national service salary;
the Government required them to forfeit to the Government any money
they earned above and beyond that salary. Government employees
generally were unable to leave their jobs or take new employment. Draft
evaders often were used as laborers on government development projects.
During the year there were no reports of forced child labor.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Although the Government has a national plan of action to protect
children from exploitation in the workplace, it was not enforced
effectively, and child labor occurred. The legal minimum age for
employment is 18 years, although apprentices may be hired at age 14.
The law prohibits children, young workers, and apprentices under age 18
from performing certain dangerous or unhealthy labor, including working
in transport industries, working in jobs involving toxic chemicals or
dangerous machines, and working underground, such as in mines and
sewers. It was common for rural children who did not attend school to
work on family farms, fetching firewood and water, and herding
livestock, among other activities. In urban areas children could be
seen in auto mechanic outfits working in car repair shops. Some
children worked as street vendors of cigarettes, newspapers, or chewing
gum to either supplement household income or at the behest of older
children. There were no known instances of forced child labor.
There were no known reports of children engaged in the worst forms
of child labor; however in urban areas children were engaged in auto
and bicycle repair or transport of grain/goods via donkey carts. In
rural areas children assisted with farming corn, wheat, sorghum, and
other grains.
Labor inspectors from the Ministry of Labor and Human Welfare are
responsible for enforcing child labor laws, but inspections were
infrequent and enforcement of child labor laws was ineffective.
Some of the major programs implemented to prevent child labor
include government preschool services in rural and urban areas and
academic and vocational training.
e. Acceptable Conditions of Work.--The minimum wage in the civil
service sector of 360 nakfa ($24) per month did not provide a decent
standard of living for a worker and family. Most persons in national
service and the service industry made less than the minimum wage. For
instance, police officers earn between 50 and 400 nakfa per month
(between $3.33 and $26.67). The Government did not enforce the minimum
wage law. There is no legally mandated minimum wage in the private
sector.
The standard workweek is 44.5 hours, but many persons worked fewer
hours. Workers are entitled to one rest day per week; most workers were
allowed one to one and one-half days off per week. There are no
prohibitions against excessive overtime. Citizens are legally entitled
to overtime, except for those employed under national service; however,
citizens were rarely forced to work more than the 44..--hour work week.
The Government has instituted occupational health and safety
standards, but inspection and enforcement varied widely among
factories. In practice some workers were permitted to remove themselves
from dangerous work sites without retaliation.
During the year there was no known discrimination against foreign
or migrant workers.
__________
ETHIOPIA
Ethiopia is a federal republic led by Prime Minister Meles Zenawi
and the ruling Ethiopian People's Revolutionary Democratic Front
(EPRDF) coalition. The population was approximately 77 million. In the
2005 parliamentary elections, the EPRDF won a third consecutive five-
year term. In local and by-elections held in April the EPRDF and allied
parties won virtually all of the more than three million seats
contested, severely diminishing opportunities for mainstream political
opposition. Prior to the vote, ruling coalition agents and supporters
used coercive tactics and manipulation of the electoral process,
including intimidation of opposition candidates and supporters.
Political parties were predominantly ethnically based, and opposition
parties remained fractured. During the year fighting between government
forces, including local militias, and the Ogaden National Liberation
Front (ONLF), an ethnically based, nationalist, insurgent movement
operating in the Somali Region, resulted in continued allegations of
human rights abuses by all parties, particularly diversion of food aid
from intended beneficiaries suffering from a severe drought. Although
there were fewer reports of extrajudicial killings and other similar
human rights violations in the Ogaden than the previous year,
nongovernmental organizations (NGOs) and others reported persistent
abuses. While civilian authorities generally maintained effective
control of the security forces, there were numerous instances in which
elements within those forces acted independently of government
authority.
Human rights abuses reported during the year included limitations
on citizens' right to change their government in local and by-
elections; unlawful killings, torture, beating, abuse, and mistreatment
of detainees and opposition supporters by security forces, usually with
impunity; poor prison conditions; arbitrary arrest and detention,
particularly of suspected sympathizers or members of opposition or
insurgent groups; police and judicial corruption; detention without
charge and lengthy pretrial detention; infringement on citizens'
privacy rights including illegal searches; use of excessive force by
security services in an internal conflict and counterinsurgency
operations; restrictions on freedom of the press; arrest, detention,
and harassment of journalists; restrictions on freedom of assembly and
association; violence and societal discrimination against women and
abuse of children; female genital mutilation (FGM); exploitation of
children for economic and sexual purposes; trafficking in persons;
societal discrimination against persons with disabilities and religious
and ethnic minorities; and government interference in union activities,
including harassment of union leaders.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Government forces,
including militias, and armed elements of the ONLF were responsible for
targeted killings in the Somali Region during the year (See Section
1.g.).
Security forces committed arbitrary and politically motivated
killings during the year.
In December 2007 three government militiamen abducted Welelaw
Muche, a supporter of the former Coalition for Unity and Democracy in
Enamrit town (West Gojjam Zone, Mecha Woreda, Amhara Region) from his
home and arrested him. One of the militiamen shot him to death in a
nearby forest. No arrests were made by year's end.
On July 8, local police in Wonago town (Oromiya Region) shot and
killed Aschalew Taye, a supporter of the All Ethiopia Unity Party
(AEUP). Officials arrested the police officers involved; at year's end
the trial was in session.
Land mines planted as a result of the 1998-2000 conflict with
Eritrea and unresolved border dispute killed at least four civilians in
the Tigray Region along the border with Eritrea. In addition, there
were unconfirmed reports from a credible source of at least 12 killed
and 50 injured in landmine blasts. The Government's demining unit, the
Ethiopian Mine Action Office, continued to make progress in its survey
and demining of border areas. The office defused 5,274 of an estimated
two million landmines in the country, most of which were located along
the border with Eritrea in the regions of Tigray and Afar. Two people
were also wounded by landmines in the Ogaden Region.
Addis Ababa and other areas experienced several bombings that
killed civilians and military personnel during the year. Although no
one claimed responsibility, the Government charged the bombings were
the work of insurgent groups and or agents of Eritrea.
On March 13, a bomb exploded on a public bus in Humera (near the
Eritrean border), killing eight persons and wounding at least 27. The
Government captured the alleged perpetrators, who testified in court to
working for dissident groups supported by Eritrea. Their trial was
ongoing at year's end.
The UN Mission in Ethiopia and Eritrea and the Mine Action
Coordination Centre reported 10 casualties when unexploded ordinance
exploded while persons were burning paper at a school in Humera on the
Ethiopian side of the Temporary Security Zone. Among the casualties
were a 16-year-old girl, a 50-year-old woman, and eight men.
On April 14, bombs exploded at two commercial gas stations in Addis
Ababa, killing four persons and wounding at least 16. The perpetrators
remained unknown at year's end.
On May 20, a bomb exploded on a public minibus, killing six persons
and wounding at least five. The police apprehended suspects they
claimed were affiliated with the insurgent Oromo Liberation Front
(OLF).
On May 26, bombs exploded in two hotels in Negele Borena, Oromiya
Region, killing three persons and wounding five. Ethiopian soldiers
were among the casualties. Investigation was ongoing at year's end.
On September 3, a bomb exploded in the Merkato market in Addis
Ababa, killing six persons and wounding 26.
On September 27, a bomb exploded outside a hotel in Jijiga, Somali
Region, killing four and wounding 20. Police apprehended a suspect whom
they identified as a member of Al-Ittihad al-Islamiya, an insurgent
group. No trial date had been set by year's end.
There were no developments in the following 2007 killings: Tesfaye
Taddese, Degaga Gebissa, Tsegaye Ayele Yigzaw, Belachew Endale Bitew,
Manaye Alamrew, Alemu Tesfaye, Tariku Yakiso, Mensur Musema, and the
two students at Gue Secondary School (Gue town, Oromiya Region).
Police officer Alemu Deriba, sentenced to death for a 2006 shooting
of four youths, remained on death row at year's end.
There were no developments in any of the 2006 bombings.
Clashes between ethnic clans during the year resulted in hundreds
of deaths (See Section 5).
There were no developments in the following 2006 attacks: the bus
attack near Bonga town (Gambela Region) by armed men; the hand grenade
incident in the town of Jijiga; and the explosion in Addis Ababa.
The Federal High Court in Addis Ababa convicted and sentenced to
death in absentia Mengistu Hailemariam and eight of his aides, who were
charged with committing genocide and other war crimes, including
extrajudicial killings, under the 1975-91 Derg regime (See Section
1.e.).
b. Disappearance.--There were reports of politically motivated
disappearances.
According to the Ethiopian Teacher's Association (ETA), two active
members of their organization (See Section 2.b.) disappeared this year.
Tilahun Ayalew, chairman of the Dangila town ETA and coordinator of the
program Education for All, was detained from December 2007 to March
2008. He reported that Bahir Dar regional police detained and tortured
him for three to four days before transferring him to Maikalawi police
station in Addis Ababa, where police reportedly tortured him also. The
Federal First Instance Court then released him on a habeas corpus
petition, citing the lack of formal charges against him. Shortly after
seeing his family upon release, Tilahun disappeared, and his
whereabouts remained unknown at year's end.
Also, Addis Ababa police arrested Anteneh Getnet, chairman of the
original ETA in Addis Ababa and an ETA coordinator, in 2006 on charges
of participating in the Ethiopian Patriotic Front (EPF) an outlawed,
allegedly armed group operating in the Amhara Region. The Federal High
Court denied his release, but the Federal Supreme Court released him on
bail. After a few additional trial appearances, he disappeared in
March, and his whereabouts remained unknown at year's end. Anteneh was
first detained in 2006 for more than two months on charges of
instigating violence in the 2005 elections. He alleged that he was
tortured during his 2006 detention.
There were no developments in the following reported 2007
disappearances: Yohannes Woldu Girma Tesfaye Ayana, Befekadu Bulti
Merri, Mulatu Gebremichel, Ismail Blatta, Daniel Worku, and Amha Yirga.
A few of the thousands of civilian protestors who were detained and
held incommunicado in 2005 remained in prison at year's end; however,
most had been released by the end of 2006, and an additional 31 were
released in August 2007, reportedly following an elders negotiations
process in July 2007 (See Section 1.d.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit the use of
torture and mistreatment, there were numerous credible reports that
security officials tortured, beat, or mistreated detainees. Opposition
political party leaders reported frequent and systematic abuse and
intimidation of their supporters by police and regional militias,
particularly in the months leading up to the local and by-elections
held during the year (See Section 3). In Makelawi, the central police
investigation headquarters in Addis Ababa, police investigators
reportedly commonly used physical abuse to extract confessions.
In December 2007 student Ayena Cheri was arrested in Nekempt on
suspicion of being a member of the OLF. The lower court dismissed his
case and ordered his release, but he remained in prison until the High
Court ordered his release on February 11 following a 1,000-birr ($98)
bail. He alleged repeated severe beatings while in detention. On
January 11, police and security forces arrested Coalition for Unity and
Democracy (CUD) member Alemayehu Seifu while he was on his way home
from work in Addis Ababa. He was conveyed to Makalawi where he was
allegedly tortured for eight days while his captors sought to force a
confession that he was part of a plot to overthrow the Government. He
was released on January 21 without appearing in court.
On February 9, police and militia broke into the home of Gelaye
Tadele, a resident of Arba Minch town in the Southern Nations,
Nationalities, and Peoples' Region (SNNPR), and beat him. They then
took him to a detention facility in Kofele where they fractured his
right leg and beat him unconscious. He was eventually taken to the
local police station and later admitted to Arba Minch hospital. His
mother filed a complaint but local authorities took no action by year's
end.
Of the 37 CUD members arrested and tortured in May 2006, the courts
released 26 on a 5,000-birr ($488) bail in October 2007 while denying
bail to nine others who remained in jail at year's end. The other two
individuals died in prison.
There were no developments in the September 2007 beating of
regional parliamentarian Wegayehu Dejene (Me-ea District, Oromiya
Region) and his family members.
There were no developments in the 2006 beatings of one regional
parliamentarian of the Oromo Federal Democratic Movement (OFDM) and
five of the Oromo National Congress (ONC).
Prison and Detention Center Conditions.--The country has three
federal prisons, 117 regional prisons, and many unofficial prisons.
Prison and pretrial detention center conditions remained harsh and life
threatening. Severe overcrowding was a problem. In September 2007 it
was reported that there were 52,000 persons in prison. Earlier in the
year, prison populations decreased by 10,000 due to pardons but
reportedly again increased due to increases in ethnic conflict and
economic crimes. Prisoners often had less than 22 square feet of
sleeping space in a room that could contain up to 200 persons, and
sleeping in rotations was not uncommon in regional prisons. The daily
meal budget was approximately 5 birr (50 cents) per prisoner. Many
prisoners supplemented this with daily food deliveries from family
members or by purchasing food from local vendors. Prison conditions
were unsanitary and there was no budget for prison maintenance. Medical
care was unreliable in federal prisons and almost nonexistent in
regional prisons.
In detention centers, police often physically abused detainees.
Authorities generally permitted visitors but sometimes arbitrarily
denied them access to detainees. In some cases, family visits to
political prisoners were restricted to a few per year.
While statistics were unavailable, there were some deaths in prison
due to illness and poor health care. Prison officials were not
forthcoming with reports of such deaths. Several pardoned political
prisoners had serious health problems in detention but received little
treatment at the time.
Authorities sometimes incarcerated juveniles with adults if they
could not be accommodated at the juvenile remand home. Men and women
prisoners were largely, but not always, segregated.
During the year the International Committee of the Red Cross (ICRC)
visited regional prisons only. The Government continued to prevent ICRC
representatives from visiting police stations and federal prisons
throughout the country including those where opposition, civil society,
and media leaders were held. Regional authorities allowed the ICRC to
meet regularly with prisoners without third parties being present. The
ICRC also continued to visit civilian Eritrean nationals and local
citizens of Eritrean origin detained on alleged national security
grounds. The local NGO Prison Fellowship Ethiopia (JFA-PFE) was granted
access to various prison and detention facilities, including federal
prisons. The Government also periodically granted diplomatic missions
access to regional prisons and prison officials, subject to advance
notification.
d. Arbitrary Arrest or Detention.--Although the constitution and
law prohibit arbitrary arrest and detention, the Government frequently
did not observe these provisions in practice.
Role of the Police and Security Apparatus.--The Federal Police
Commission reports to the Ministry of Federal Affairs, which is
subordinate to the parliament; however, this subordination is loose in
practice. Local militias also operated as local security forces largely
independent of the police and military. Corruption remained a problem,
particularly among traffic police who solicited bribes. Impunity also
remained a serious problem. According to contacts at government
agencies, the Government rarely publicly disclosed the results of
investigations into abuses by local security forces, such as arbitrary
detentions and beatings of civilians. The federal police acknowledged
that many of its members as well as regional police lacked
professionalism.
The Government continued its efforts to train police and army
recruits in human rights. During the year the Government continued to
seek assistance from the ICRC, JFA-PFE, and the Ethiopian Human Rights
Commission (EHRC) to improve and professionalize its human rights
training and curriculum by including more material on the constitution
and international human rights treaties and conventions. JFA-PFE
conducted human rights training for police commissioners and members of
the militia.
Arrest and Detention.--Authorities regularly detained persons
without warrants and denied access to counsel and family members,
particularly in outlying regions. Although the law requires detainees
to be brought to court and charged within 48 hours, this generally was
not respected in practice. While there was a functioning bail system,
it was not available in murder, treason, and corruption cases. In most
cases authorities set bail between 500 and 10,000 birr ($494-975),
which was too costly for most citizens. Police officials did not always
respect court orders to release suspects on bail. With court approval,
persons suspected of serious offenses can be detained for 14 days and
for additional 14-day periods if an investigation continues. The law
prohibits detention in any facilities other than an official detention
center; however, there were dozens of unofficial local detention
centers used by local government militia and other formal and informal
law enforcement entities. The Government provided public defenders for
detainees unable to afford private legal counsel but only when their
cases went to court. While in pretrial detention, authorities allowed
such detainees little or no contact with legal counsel.
Opposition party members consistently reported that in small towns,
authorities detained persons in police stations for long periods
without charge or access to a judge, and that sometimes these persons'
whereabouts were unknown for several months. Opposition parties
registered many complaints during the year that government militias
beat and detained their supporters without charge in the run-up to the
local and by-elections held earlier in the year. For example, at a May
wedding in Chendiba town in Chilga District, Amhara Region, officials
arrested nine AEUP supporters: Wagnew Tadesse, Mekuanent Seneshaw,
Alehegne Mekuanent, Kifle Tadege, Demissie Yehualla, Kolagie Jegne,
Teffera Akemu, Setegne Tadege, and Endale Tadege. Officials accused
them of holding an illegal political gathering. At year's end, all nine
remained in jail, held without bail, formal charges, or communication
with their families.
On October 4, the Government released eight of 10 Kenyans suspected
of being foreign fighters in Somalia and detained clandestinely in the
country since early 2007. Human Rights Watch (HRW) reported that Kenya
originally arrested at least 150 suspected fighters of several
nationalities and then rendered dozens to the Ethiopian National
Defense Forces (ENDF) for questioning. Most were eventually released
but these last 10 remained in ENDF custody where they reported beatings
and torture. The whereabouts of the remaining two were unknown at
year's end.
In late October, officials arrested at least 53 ethnic Oromos (some
reported as high as 200), including university lecturers, businessmen,
and housewives, many with no apparent political affiliation, for
alleged support to the banned OLF. Many supporters of the mainstream
political opposition OFDM were also arrested during the same time
period for the same charges.
On December 23 and 24, hundreds of Somalis were arrested in Addis
Ababa. A Somali embassy spokesperson reported that following the
initial round-up, police checked records, fingerprinted, and then
released detainees.
Just before the Ethiopian New Year in September 2007, security
forces arrested individuals suspected of supporting the OLF or
terrorist activity. Many were members of the opposition United
Ethiopian Democractic Forces (UEDF) or OFDM parties. Approximately 450
arrests were reported to opposition party offices in Addis Ababa. At
year's end, 148 detainees remained in jail.
In the case of Yosef Abera and nine others who were arrested in
2006 on accusations of providing food and arms to the OLF, police
transferred them from Ayra Guliso town in Oromiya to Senkelle Police
Training Center, also in Oromiya. They were released on March 16 after
signing a letter stating they would not participate in any future
illegal activities.
Police continued to enter private residences and arrest individuals
without warrants (See Section 1.f.).
Most of the 180 persons arrested in Nazret, Oromiya Region, in 2006
were released in 2006, but there was no information available on the
remaining three detained at year's end.
Amnesty.--On March 28, the federal government pardoned two human
rights activists, Daniel Bekele and Netsanat Demissie, after they
signed an admission of guilt and served 28 months in detention. These
two were the last of the high-profile political detainees arrested
after the 2005 national elections. Both originally declined to admit
guilt, instead defending their case before the Federal High Court. The
court ultimately convicted them of incitement, a charge that had never
been alleged or raised until the day of the court's verdict, and
sentenced both to 30 months imprisonment.
On September 28, the federal government granted amnesty to 4,500
prisoners, excluding convicted murderers, rapists, and those found
guilty of corruption.
On November 16, the Tigray regional government granted amnesty to
2,167 prisoners, excluding those who committed crimes in connection
with corruption, and causing fire and destruction of infrastructures or
forests.
On November 25, the Ministry of Justice (MOJ) Pardon Board pardoned
44 OLF members who were convicted of serious crimes after serving 16
years in prison.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary. Although the civil courts operated with
independence, the criminal courts remained weak, overburdened, and
subject to significant political intervention and influence.
Constitutional interpretation remains solely with the upper house of
parliament, exclusively comprised of ruling party members, which also
handles judicial appointments and reviews judicial conduct. Judicial
practice allows the court unilaterally to convict defendants on charges
not raised by the prosecution at any point preceding the court's
decision on guilt. This practice effectively impedes defendants from
presenting an adequate defense as they may not be aware of the
potential charges they face.
The Government continued to decentralize and restructure the
judiciary along federal lines with the establishment of courts at the
district, zonal, and regional levels. The Federal High Court and the
Federal Supreme Court heard and adjudicated original and appeal cases
involving federal law, transregional issues, and national security. The
regional judiciary was increasingly autonomous and often heard regional
cases.
Regional offices of the federal MOJ monitored local judicial
developments. Some regional courts had jurisdiction over both local and
federal matters, as the federal courts in those jurisdictions had not
begun operation; overall, the federal judicial presence in the regions
was limited. Because of this, many citizens residing in rural areas did
not have reasonable access to the federal judicial system and were
forced to rely on traditional conflict resolution mechanisms like the
Elders' Councils. Anecdotal evidence suggested that women did not
always have access to free and fair hearings in the traditional justice
system because they were excluded from participation in the Elders'
Councils and because there was strong gender discrimination in rural
areas.
Anecdotal evidence suggested that some local officials believed
they were not accountable to a higher authority.
The judicial system severely lacked experienced staff, sometimes
making the application of the law unpredictable. The Government
continued to train lower court judges and prosecutors and made
effective judicial administration its primary focus.
Judicial corruption was a significant issue. During the year, the
federal MOJ brought corruption cases against 17 judges; however, 15 of
those cases were dismissed without sanction against the judges
involved. The remaining two cases were pending at year's end.
Trial Procedures.--According to the law, accused persons have the
right to a fair public trial by a court of law within a ``reasonable
time,'' a presumption of innocence, the right to be represented by
legal counsel of their choice, and the right to appeal. However, closed
proceedings occurred, at times authorities allowed detainees little or
no contact with legal counsel, and detainees usually were not presumed
innocent. Judicial inefficiency, lengthy trial delays, and lack of
qualified staff often resulted in serious delays in trial proceedings.
The Public Defender's Office provides legal counsel to indigent
defendants, although its scope and quality of service remained limited
due to the shortage of attorneys available. Although the law explicitly
stipulates that persons charged with corruption are to be shown the
evidence against them prior to their trials, authorities routinely
denied defense counsel pretrial access to such evidence.
In the country's judicial system, there are federal and regional
criminal courts. There are federal first instance courts, high courts,
and the Supreme Court. There are also regional first instance courts
and high courts. The Supreme Court maintains appellate authority over
all courts.
The law provides legal standing to some preexisting religious and
customary courts and allows federal and regional legislatures to
recognize other courts. By law all parties to a dispute must agree to
use a customary or religious court before such a court may hear a case.
Shari'a (Islamic) courts may hear religious and family cases involving
Muslims. In addition other traditional systems of justice, such as
Councils of Elders, continued to function. Although not sanctioned by
law, these traditional courts resolved disputes for the majority of
citizens who lived in rural areas and generally had little access to
formal judicial systems.
The federal first instance court's seventh criminal branch, headed
by three judges, handled cases involving juvenile offenses and cases of
sexual abuse of women and children. There was a large backlog of
juvenile cases, and accused children often remained in detention with
adults until officials heard their cases.
Criminal matters related to the military are handled by military
tribunals. Military tribunals may not try civilians except in cases of
national security. The military justice system lacked adequately
trained staff to handle the growing caseload.
In January and February 2007, Ethiopian forces serving in Somalia
arrested and detained civilians suspected of being affiliated with
foreign fighters in Somalia. Some of the civilians were released after
questioning; however, two international NGOs reported that some were
transferred from Somalia through Kenya to Ethiopia, where they were
tried by a military tribunal. Others were held without charge or due
process. While most of these foreign fighters were returned to their
home countries in 2007, the country returned eight Kenyans to Kenya on
October 4. These are believed to be the last remaining such detainees.
In 2006 the 57 top officials from the former Derg (Mengistu)
regime, including former communist dictator Colonel Mengistu
Hailemariam, were found guilty of genocide, treason, and murder for
crimes committed during their 17 years of rule. On January 11, they
were given sentences ranging from 23 years to life in prison. However,
the prosecutor appealed many of these sentences, and on May 26, the
court sentenced Colonel Mengistu and 18 of his associates to death. All
but Colonel Mengistu, who was in exile in Zimbabwe, sat on death row at
year's end; the Government had not established an execution date.
Political Prisoners and Detainees.--The number of political
prisoners and detainees during the year was estimated to be in the
hundreds. There were numerous reports of unlawful detention of
opposition candidates and their supporters, mostly in the months before
April's local and by-elections (See Section 3).
In one example, Chaka Robi, a 20-year-old CUD supporter, was
arrested without a warrant from his Addis Ababa residence on March 5.
Officials held him in Maekelawi where, family members reported to the
Ethiopian Human Rights Council (EHRCO), police denied them visitation
rights accorded by law. It is common practice for police to deny
visitation rights without cause while detainees are under
investigation.
Political prisoner Assefa Abraha, former head of the Office of
Government Development Organizations in the Prime Minister's Office,
was paroled on July 31 after serving more than seven years in
detention. Police arrested Assefa and four of his siblings, including
former defense minister Seeye Abraha, on corruption charges in May 2001
following a contentious rift within the ruling party but released his
siblings in 2007. Assefa was eventually convicted in July 2007 and
sentenced to nine years' imprisonment before being paroled.
In mid-October about 20 people were arrested and put under the
custody of the Federal Army at the Army Camp in Dembe Dollo. Among them
was Ato Makonnin Dheressa, a prominent member of the OFDM. He was
released one week later.
In late October/early November, police, local authorities, and
ruling party cadres arrested more than a dozen second-tier leaders from
various opposition parties engaged in community outreach or opening new
offices throughout the country. OFDM secretary general Bekele Jirata
was arrested on October 30 and charged on December 16 with recruiting
and organizing OLF members, promoting OLF terrorist activities, and
financially supporting the OLF. The case was pending at year's end.
On December 5, a popular singer known as Teddy Afro (Tewodros
Kassahun) was sentenced to six years in prison and fined 18,000 birr
($1,755) for the hit-and-run death of a homeless man in 2006. Some of
Teddy Afro's songs were seen as opposition anthems during the violent
aftermath of the 2005 elections. While it is unclear whether the
conviction was politically motivated, the expeditious incarceration and
prosecution of Afro's case 18 months after the alleged incident suggest
political interference rather than solely delays in pursuing the case.
On December 29, Unity for Democracy and Justice Party president
Birtukan Mideksa was rearrested for accurately telling European media
organizations that she had not requested from the Government a pardon
leading to her release from jail in July 2007. President Girma Wolde-
Giorgis revoked her pardon and reinstated her life sentence.
At year's end, many other political detainees, including CUD, ONLF,
and OLF members, remained in prison.
In July and August 2007, the Government pardoned 71 individuals
arrested following demonstrations in 2005. The pardons permitted the
defendants' future political participation, but in practice the
Government continued to limit that right.
The trial continued for most of the 52 individuals arrested in
2006-07 for alleged membership in the EPF, although two prominent ETA
members reportedly disappeared (See Section 2.b.).
Civil Judicial Procedures and Remedies.--Civil courts, which
provided judicial remedy for alleged wrongs, were generally viewed as
independent and impartial. The law provides citizens the right to
appeal human rights violations in civil court; however, no such cases
were filed during the year.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law requires authorities to obtain judicial
warrants to search private property; however, in practice, particularly
outside Addis Ababa, police often ignored this law. Opposition party
representatives claimed that police sometimes used fraudulent warrants
to enter homes and commit criminal acts, including extorting money.
This occurred primarily in the months preceding April's local and by-
elections. There were reports that members of local militias robbed
persons during the year in locations throughout Oromiya.
There continued to be reports of police forcibly entering civilian
homes throughout the year.
All but three electronic communications facilities were state-
owned. Political party leaders reported incidents of telephone tapping
and other electronic eavesdropping. There were also reports of the
Government jamming radio stations (See Section 2.a.).
The Government used a widespread system of paid informants to
report on the activities of particular individuals.
There were reports during the year of the forced displacement of
families in the Somali Region (See Section 1.g.).
Security forces continued to detain family members of persons
sought for questioning by the Government.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
During the year fighting continued between government forces, including
government-backed and affiliated militia, and the ONLF, an ethnically
based, nationalist, insurgent movement operating in the Somali Region,
triggering widespread criticism of human rights abuses. While NGO
reports of burnt villages and population displacement significantly
declined during the year, unsubstantiated, but largely credible,
reports of human rights abuses continued, including extrajudicial
killings, torture, rape, abductions, and arbitrary arrest. Deliveries
of food and medicine were restricted as a result of insecurity, lack of
capacity, and Ethiopian military restrictions. Since the ONLF was
outlawed in 1994, the organization has engaged in low-intensity armed
conflict with the Government. The regional conflict in Somalia that
began in late 2006 spread to the Somali Region and, allegedly fueled by
support from the Eritrean government, resulted in greatly increased
armed activity by the ONLF, whose members share ethnic ties with
Somalis. Civilians, international NGOs, and other aid organizations
operating in the region have reported that both the ENDF and the ONLF
were responsible for abuses and harsh techniques used to intimidate the
civilian population.
Since the Ethiopian military began significant counterinsurgency
operations in the Ogaden in response to the April 2007 slaying of oil
exploration workers, the Government has limited the access of
diplomats, NGOs, and journalists to the Somali Region, allegedly due to
serious security concerns. However, human rights groups and others have
accused the Government of denying access to the region in order to
prevent potential critics and observers from monitoring ENDF
operations. The Government has allowed some humanitarian access, but
the ability to investigate human rights abuses has been restricted.
Reports of human rights violations largely have come from interviews
with second-hand sources or alleged victims who have fled the Somali
Region.
In June HRW issued a report alleging that the ENDF committed war
crimes and crimes against humanity in the Ogaden area of the Somali
Region. The report claimed a ``brutal counter-insurgency'' campaign was
conducted in the Ogaden involving systematic forced relocation, burning
of villages, arbitrary killings, mass detentions, torture, rape and
assault, livestock confiscations, and restrictions on civilian
movements. In response to the allegations the Government conducted its
own investigation into the alleged abuses and found that there were no
systematic human rights abuses but rather ``evidence of one or two
cases of abuse, and one of torture.'' The selection of former ruling
party insider Lisan Yohannes to lead the investigation, however, opens
questions about the independence of the investigation. The Government
stated that the officer responsible for the said abuses was summoned to
court.
Killings.--On March 30, the Government reported that security
forces arrested eight men suspected of involvement in the April 2007
ONLF attack on a Chinese-run oil facility in the Degehabur zone of the
Somali Region. The attack killed 65 civilians and nine Chinese
nationals and resulted in a dramatic escalation in the conflict, which
triggered widespread criticism of human rights abuses perpetrated by
government forces. The Government also reported that the same eight
individuals were implicated in a May 2007 Jijiga grenade attack on a
crowd during an official holiday celebration. All suspects remained on
trial at year's end.
On September 27, a bomb exploded in a hotel in Jijiga, killing four
and wounding 10. Police apprehended three suspects who reportedly
acknowledged being ONLF members.
On October 16, Prime Minister Zenawi told parliament that the
Government had confirmed that all bombings this year in Addis Ababa
were the work of the OLF and all bombings in the Somali Region were
confirmed to be the work of the ONLF. Apart from the cases noted above,
no credible evidence has been presented to verify these claims.
On November 22, police forces attempted to force villagers from
Laare and Puldeng villages (Gambella Region) to move to a new area.
When villagers refused, violence ensued, killing nine civilians and
wounding 23 others. Two policemen were killed and six others were
wounded. Police also reportedly set fire to homes and killed numerous
livestock.
The ONLF issued a report stating that the ENDF killed 48 civilians
and wounded 50 on December 17 in Mooyaha village (23 miles northwest of
Dagabur, Ogaden). They also accused the ENDF of killing six civilians
in Galashe (near Fik) on the same day. The Government had not responded
to the allegation by year's end.
Abductions.--On September 23, an unknown armed group kidnapped two
foreign staff members of the French NGO Medecins du Monde (MDM) near
Shilabo town in the Somali Region. The kidnappers transported both
hostages into Somalia where they were sold to another group that
demanded ransoms. At year's end ransom had not been paid and the two
MDM staff members remained hostages.
Physical Abuse, Punishment, and Torture.--International rights
groups and NGOs reported that alleged unlawful killings, torture, rape,
abductions, and arbitrary arrests continued in the conflict zone. While
there were numerous reports of human rights violations in the conflict-
affected areas, there were no successful attempts at substantiating the
reports due to lack of access to the region (See Section 1.g.).
Other Conflict-Related Abuses.--During the year the Government
loosened restrictions on the delivery of food aid from donor
organizations into the five zones of the Somali Region in which
military activity was the most intense. Nevertheless, only 12 percent
of food aid reached beneficiaries. Improvements in food aid deliveries
allowed relief to reach primary destination points, but distribution to
secondary towns, rural areas, and final beneficiaries remained limited.
Commercial traffic into these zones somewhat increased.
The Government restricted access of NGO workers and journalists to
affected areas. International journalists who entered the Somali Region
without permission of the Government were arrested or obliged to leave
the country. The Government continued to ban the ICRC from the region,
alleging it cooperated with the ONLF. Bureaucratic impediments to
Medicins Sans Frontieres-Switzerland (MSF-CH) operations in the Somali
Region and government accusations it cooperated with the ONLF prompted
MSF-CH to terminate operations in the country on August 26.
During the year, some humanitarian groups reported roadblocks
manned by insurgent groups who occasionally briefly detained them.
These same humanitarian groups reportedly were interrogated by the ENDF
on their encounters at the roadblocks with the insurgents.
On January 26, the ENDF placed Medicins Sans Frontieres-Holland
(MSF-NL) staff members under house arrest in Warder for allegedly
providing medical support to the ONLF and confiscated MSF-CH property
and vehicle keys in Kebri Dehar, limiting its staff members' movement
to the town for three weeks. These restrictions originally covered all
UN and NGO groups operating in the Somali Region; however, they were
lifted on January 31 for all groups except MSF. On June 18, ENDF again
detained five MSF-CH Fik-based staff for 19 days. The Government
previously suspended MSF-NL operations between July and November 2007.
There was no judicial process or charges filed in any of the cases.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--While the constitution and law
provide for freedom of speech and press, the Government did not respect
these rights in practice. The Government continued to arrest, harass,
and prosecute journalists, publishers, and editors. The Government
continued to control all broadcast media except three private FM radio
stations. Private sector and government journalists routinely practiced
self-censorship.
Government-controlled media mostly reflected the views of the
Government and the ruling EPRDF coalition. However, live radio and
television broadcasts at times included televised parliamentary debates
and broadcast the views of opposition parliamentarians, as did
government newspapers.
Although some new, small-circulation newspapers were published
during the year, the number of private newspapers remained low.
Approximately 20 private Amharic-language and English-language
newspapers with political and business focuses were published, with a
combined weekly circulation of more than 150,000.
The Government operated the sole television station and tightly
controlled news broadcasts. The broadcasting law prohibits political
and religious organizations or foreigners from owning broadcast
stations.
Foreign journalists and local stringers working for foreign
publications at times published articles critical of the Government but
were subjected to government pressure to self-censor. During the year
some reporters for foreign media were subjected to intimidation and
harassment or threatened with expulsion from the country for publishing
articles critical of the Government.
During the year the Government convicted and sentenced journalists
for articles and reports in their publications. Journalists were
intimidated, harassed, arrested, and detained on charges of defamation,
threatening public order, and contempt of court.
For example, on February 16, police arrested Al-Quds publisher
Maria Kadi Abafita and editor-in-chief Ezeddin Mohammed, along with
Sheikh Ibrahim Mohammed Ali, the publisher and editor-in-chief of the
Islamic Amharic weekly newspaper Salafia. The arrests followed their
publishing of articles critical of an education ministry directive on
religious worship in schools, including the reprint of a letter
allegedly written by the vice president of the Ethiopian Islamic
Affairs Supreme Council. The vice president denied writing the letter
and filed criminal defamation charges. Police searched the newspapers'
offices and confiscated computers and printers. The journalists were
detained for 26 days and released on February 29 on a bail of 12,000
birr ($1,200). The case was pending at year's end.
On March 6, Dawit Kebede, editor-in-chief of the weekly Awramba
Times, was detained and released. The National Electoral Board (NEB)
accused him of posting an advertisement for his newspaper on a poster
promoting EPRDF candidates for local elections. He appeared in court
and was released on 200 birr ($20) bail the same day. No further action
was taken before year's end.
There were multiple incidents of harassment and arrest surrounding
journalists' coverage of the ongoing 2006 hit-and-run trial of pop
singer Tewodros Kassahun, commonly known as Teddy Afro.
For example, on May 2, police detained editor/owner Alemayehu
Mahtemework and three staff members of the private Amharic monthly
entertainment magazine Enku and confiscated 10,000 magazine copies
after Enku ran a cover story on Afro's controversial arrest and trial.
The Government accused them of publishing ``stirring articles that
could incite people'' and held them for five days before release.
Alemayehu was also charged with threatening public order, and his case
remained pending at year's end. The magazine continued operating and
police released the confiscated copies on July 31.
Also on July 29, Mesenazeria reported that its editor-in-chief and
deputy editor-in-chief were detained for 32 hours and released on July
26 for printing photos without permission of the two police officers
escorting Afro to trial. The journalists were not formally charged.
On August 4, the judge presiding over Afro's trial charged Mesfin
Negash, editor-in-chief of the independent Amharic weekly Addis Neger,
with contempt of court after he published an interview with the
singer's lawyer, Million Assefa, in the July 26 edition. The newspaper
accurately quoted the lawyer as saying he would file a complaint
against high court judge Leul Gebremariam over alleged bias in his
handling of the singer's case. On August 6, the judge sentenced Mesfin
to a one-month sentence suspended for two years. The lawyer, Million
Assefa, was also found guilty of contempt of court and sentenced to one
month and 20 days at Kaliti prison.
Police summoned and questioned Addis Neger journalists regarding
four separate stories involving investigative reports.
Following Awramba Times' extensive coverage of the Movement for
Freedom, Democracy, and Justice (Ginbot 7), an opposition group
advocating a change in the Government by ``any means,'' the newspaper
reported receiving threats on August 4 and 5 that it would be banned
and ``held accountable.'' In addition there were allegations that an
internal MOJ memo advocated the same. On August 7, the Addis Ababa
Police Commission charged editor-in-chief Dawit Kebede with ``inciting
the public through false rumors'' but released him on bail the same
day. Harambe editor-in-chief Wossenseged Gebrekidan was also charged
and released on bail following similar coverage of Ginbot 7. There were
no further developments in the cases by year's end.
On August 22, two police officers, one from Addis Ababa and the
other from Gondar, arrested Amare Aregawi, editor-in-chief of the
Amharic- and English-language newspaper The Reporter, at his office.
Police held him overnight in an Addis Ababa police station and then
transferred him in a brewery vehicle to a station in Gondar,
approximately 470 miles north of Addis Ababa. On arrival, he was
transferred to Gondar police custody. The arrest was in connection with
a libel case brought by the Gondar-based, ruling-party-owned Dashen
Brewery in response to a July 20 story on a labor dispute at the
brewery. Amare appeared in court in Gondar on August 27 and was
released after posting bail of 300 birr ($29) and spending six days in
detention. He again appeared in court on September 1 but learned there
were no charges against him, and the bail money was returned to him.
The article's author, Teshome Niku, was taken to Gondar on July 30 to
appear in court but was released on bail of 300 birr ($29) on August 1.
The rendering of both journalists to Gondar raised concerns about the
legality of the action; the press law adopted on July 1 stipulates that
defamation cases are to be tried in the locality where the claimed
offense allegedly took place, and The Reporter's registered
headquarters is in Addis Ababa. Following his release, Teshome
reportedly received anonymous, threatening phone calls.
On November 4, private newspaper Enbilta editor-in-chief Tsion
Girma, deputy editor Habte Tadesse, and reporter Atenafu Alemayehu were
arrested in connection with an article published October 3 that
mistakenly identified the judge in the Teddy Afro hit-and-run case.
Tsion was released on October 22 on 2,000 birr bail ($200). Her two
colleagues were released October 24 with no charges. Tsion was
convicted November 4 on criminal charges of inciting the public through
false rumors and fined an additional 2000 birr ($200).
On October 31, The Reporter editor-in-chief Amare Aregawi was
violently attacked in front of his son's school. School staff found him
unconscious and rushed him to the intensive care unit at the hospital.
He later recovered and returned to work. The media reported that police
arrested one of the assailants and the driver of a taxi planned as a
getaway car. The Addis Ababa Police Commission continued to investigate
the case at year's end.
Several journalists remained in exile, including journalists
detained following the 2005 elections but released in 2007.
On July 1, the parliament passed The Mass Media and Freedom of
Information Proclamation, published in the official Negarit Gazette on
December 4. The law prohibits pretrial detention of journalists and
censorship of private media, and it recognizes the right of journalists
to form professional associations. However, the law allows only
incorporated companies to publish print media; requires all previously
licensed press to reregister; bars foreign and crossmedia ownership;
grants the Government unlimited rights to prosecute the media;
criminalizes defamation of public officials and increases defamation
fines to 100,000 birr ($9,751); establishes ``national security'' as
grounds for impounding materials prior to publication; provides
government information officials exclusive discretion to withhold
``sensitive'' information without judicial review; and maintains the
MOI's absolute authority to regulate the media.
The Ministry of Information was dissolved on October 30. Media
reported that the Government planned to replace the ministry with a new
communications office that would be directly accountable to the prime
minister. Although reports indicated the new entity would not be
responsible for press licensing, that responsibility had not been
reassigned by year's end.
Regional governments censored the media during the year by
prohibiting NGOs and health centers from providing information to, or
allowing photography by, foreigners or journalists about malnutrition
caused by the mid-year drought.
The Government indirectly censored the media by controlling
licensing. In the first week of January, the Ministry of Information
denied press licenses to Eskinder Nega, Serkalem Fasil, and Sisay
Agena, the former editors of banned private newspapers Menelik, Asqual,
Satenaw, Ethop, and Abay, who had been detained for 17 months after the
2005 elections and were pardoned and released in April 2007.
On July 2, the same three publishers were fined a combined amount
of 300,000 birr ($29,252) in connection with their papers' coverage of
the 2005 elections. The court ordered them to appear before the First
Criminal Bench of the Federal High Court in December if they failed to
pay. They appeared in court on December 24 and delivered a written
petition citing pardon law 395/2004, article 231/2, which stipulates
that pardons granted to persons automatically pertain to monetary
penalties against them. The court adjourned and is scheduled to
reconvene in January 2009.
During the year the Government granted licenses to Dawit Kebede and
Wosonseged Gebrekidan, two other journalists detained after the 2005
elections and released in August 2007, for two new Amharic-language
weeklies, Awramba Times and Harambe.
The Government owned the only newspaper printing press.
In June, Ayele Chamisso, member of parliament (MP) and chairman of
the Coalition for Unity and Democracy Party (CUDP), filed charges
against three private newspapers: Addis Neger, Awramba Times, and now-
defunct Soressa. Ayele claimed that the papers used his party's name
for other groups. The editor of Awramba Times appeared in court in
November on defamation charges and was released on 2000 birr ($190)
bail. He appeared in court again in December. His case and the cases
against the other two newspapers were pending at year's end.
The sustained jamming of Voice of America's Amharic and Afan Oromo
Services, which started in December 2007, largely ended in March.
Internet Freedom.--The Government restricted access to the Internet
and blocked opposition Web sites, including the sites of the OLF, ONLF,
Ginbot 7, and several news blogs and sites run by opposition diaspora
groups, such as the Ethiopian Review, CyberEthiopia.com, Quatero
Amharic Magazine, Tensae Ethiopia, and the Ethiopian Media Forum.
On August 29, a statement by the New York-based NGO Center
Committee to Protect Journalists (CPJ) stated that reliable sources
reported that its servers were inaccessible to users, and that emails
were not coming through to CPJ. These reports emerged at the same time
CPJ was investigating the detention of The Reporter editor Amare
Aregawi. The Reporter also alleged blocking of its Web site for four
days during this time. CPJ's Web site was also inaccessible at other
times during the year.
The Ethiopian Telecommunications Corporation (ETC), the state-run
monopoly telecom and Internet provider, had approximately 30,000
Internet subscribers. Citizens in urban areas had ready access to
Internet cafes; however, rural access remained extremely limited.
Mobile telephone text messaging, which restarted in September 2007, was
available. The number of mobile telephone subscribers reached 1.9
million.
Academic Freedom and Cultural Events.--The Government restricted
academic freedom during the year, maintaining that professors could not
espouse political sentiments. Authorities did not permit teachers at
any level to deviate from official lesson plans and discouraged
political activity and association of any kind on university campuses.
Reports continued of uniformed and plainclothes police officers on and
around university and high school campuses. Professors and students
were discouraged from taking positions not in accordance with
government positions or practices. College students were reportedly
pressured to pledge allegiance to the EPRDF to secure enrollment in
universities or post-graduation government jobs. There was a lack of
transparency in academic staffing decisions, with numerous complaints
from individuals in the academic community of bias based on ethnicity
or religion. Speech, expression, and assembly were frequently
restricted on university and high school campuses.
In June the Government banned the first exhibition of nude
photography scheduled to open on June 27 in Addis Ababa. The private
photographer who organized the exhibition, Biniam Mengesha, told the
media that culture ministry officials wanted to preview the photos, did
so, then banned them for being pornography, not art.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the Government restricted this right. Organizers of large
public meetings or demonstrations must notify the Government 72 hours
in advance and obtain a permit. The Government issued permits to
political parties to assemble in halls but has barred street
demonstrations since 2005.
Opposition political parties reported that during the year their
supporters were targets of frequent and systematic harassment and
violence by government security forces, particularly in the lead up to
the local elections (See Section 3). Regional governments, including
the Addis Ababa regional administration, are reluctant to grant permits
or provide security for large meetings. For example, police refused to
permit Unity for Democracy and Justice's (UDJ) general assembly to meet
in a hotel in Addis Ababa, despite a letter from the NEB stating no
license was needed.
There were few attacks by police and militia against demonstrators
since no public assembly permits were issued and illegal demonstrations
were infrequent.
On August 21, residents of Dejen town, Amhara Region, gathered to
protest local officials' stalling on the residents' application for use
of nearby farmland. Local police and militia surrounded the
demonstrators, beating dozens. A few protestors required
hospitalization. No legal action was taken against the perpetrators.
There were no developments in the April 2007 police shooting of two
demonstrators in Damot Weyde District and none in the 2006 killing of
15 demonstrators by police in the East Wallega zone, Guduru District.
The Independent Inquiry Commission, established in late 2006 by the
Government to investigate the use of excessive force by security forces
in violent 2005 antigovernment demonstrations, found that security
forces did not use excessive force, given demonstration violence;
however, prior to the release of the report, the chairman and deputy
chairman of the commission fled the country, allegedly in response to
threats made against them by government forces. After fleeing, both
stated publicly and showed video evidence that, at an official meeting
in 2006, the commission had originally decided, by a vote of eight to
two, that excessive force was used and that the total number of killed
and injured was the same as eventually reported. Following this vote,
government officials allegedly urged commission members to change their
votes to indicate that excessive force was not used. At year's end, the
Government had taken no action to investigate or prosecute perpetrators
of the excessive force.
Freedom of Association.--Although the law provides for freedom of
association and the right to engage in unrestricted peaceful political
activity, the Government in practice limited this right. Opposition
parties reported receiving no government subsidies for their political
activities despite laws providing for them. The MOJ technically
registers and licenses NGOs, but the Ministry of Foreign Affairs (MFA)
screens applications for international NGOs and submits a
recommendation to the MOJ whether to approve or deny registration. The
MFA recommended that some international NGOs' registration be denied
absent a deposit of two million birr ($195,000), effectively preventing
them from registering.
As provided by law, the Government required political parties to
register with the NEB, which continued to limit political activity by
the CUDP. For example, on January 3, the NEB awarded the CUDP name to a
renegade member and the CUDP party symbol to another breakaway group,
the United Ethiopian Democratic Party (UEDP)-Medhin, forcing the bulk
of the CUDP's leaders to establish new parties.
During the year the UEDF, UDJ, OFDM, and Oromo People's Congress
(OPC) reported arrests of members and the forced closure of political
party offices throughout the country and intimidation of landlords to
force them to evict the political groups (See Sections 1.d. and 3).
During the year some political leaders, including federal and
regional MPs, were discouraged from traveling to their constituencies
to meet with supporters, although others visited constituents without
incident. For example, OFDM chairman Bulcha Demeksa was persuaded not
to visit his constituency in Wellega district, Oromiya Region, because
the Government told him his security could not be guaranteed. Some
local officials blocked some opposition MPs access to their
constituencies, arguing that as federal MPs they had no reason to
visit.
The ETA has operated since 1967, but in 1993, after the EPRDF took
power, an alternate, pro-EPRDF ETA was established. In 1993 the
original ETA and the Government-supported ETA began prolonged legal
battles over the organization's name and property rights. On June 26,
the Court of Cassation ruled against ETA and awarded its name and
property to the pro-EPRDF ETA (See Section 6.a.).
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice; however, local authorities and members of society
occasionally infringed on this right. The Ethiopian Orthodox Church
(EOC) and Sufi Islam are the dominant religions; nearly 90 percent of
the population adhered to one or the other faith.
While the Government required that religious institutions annually
register with the MOJ, there were no reports of government action
against institutions that chose not to register. Under the law, a
religious organization that undertakes development activities must
register its development wing separately as an NGO. The Government did
not issue work visas to foreign religious workers unless they were
associated with the development wing of a religious organization.
Some religious property confiscated under the Mengistu (Derg)
regime had not been returned by year's end.
Minority religious groups reported discrimination in the allocation
of government land for religious sites. Authorities continued to ban
Waka-Feta, a traditional animist Oromo religious group, because it
suspected that the group's leaders had close links to the OLF.
Protestant groups occasionally reported that local officials
discriminated against them when they sought land for churches and
cemeteries. Evangelical leaders stated that because authorities
perceived them as ``newcomers,'' they were at a disadvantage compared
with the EOC and the Ethiopian Islamic Affairs Supreme Council (EIASC)
in the allocation of land. The EIASC claimed it had more difficulty
obtaining land from the Government than did the EOC; others charged
that the Government favored the EIASC.
On May 6, the MFA hosted a conference for religious, regional, and
NGO leaders to promote religious tolerance. Also, an interfaith
dialogue involving leaders from the Orthodox Church, EIASC, and other
religious institutions meets regularly to discuss such issues as
interfaith cooperation, religious tolerance, health, and community
development.
On December 1, police opened fire at a public gathering near a
church in Arba-Minch (Gamo Gofa Zone), wounding three individuals.
Police were reportedly attempting to disperse a crowd following a
disagreement between Orthodox priests.
Societal Abuses and Discrimination.--The Jewish community numbered
approximately 2,000, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Although the law provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, the Government restricted some of these rights in
practice.
Throughout the year the Government severely restricted the movement
of persons into and within the Ogaden areas of Somali Region, arguing
that the counterinsurgency operation against the ONLF posed a security
threat (See Section 1.g.).
The law prohibits forced exile; and the Government did not employ
it. A steadily increasing number of citizens sought political asylum or
remained abroad in self-imposed exile, including more than 55
journalists (See Section 2.a.).
During the year the ICRC repatriated 1,023 citizens from Eritrea
and repatriated 27 Eritreans. Most Eritreans and Ethiopians of Eritrean
origin registered with the Government and received identity cards and
six-month renewable residence permits that allowed them to gain access
to hospitals and other public services.
Internally Displaced Persons (IDPs).--The conflict between
government and insurgent forces in the Ogaden area of the Somali Region
resulted in the displacement of thousands of persons (See Section
1.g.). During the year violent clashes between different clans, often
over competition for scarce resources or resulting from disputes over
territorial boundaries, displaced persons and resulted in deaths and
injuries.
UNHCR estimated there were approximately 200,000 IDPs in the
country, including an estimated 62,000 in the Tigray Region, 44,700 in
the Gambella Region, 30,000 in the Borena area of the Oromiya Region,
and 50,000 on the border of the Oromiya and Somali regions.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees, its 1967 protocol, and the 1969
Organization of African Unity (OAU) Convention. The Government has
established a system for providing protection to refugees. In practice
the Government provided protection against ``refoulement,'' the
expulsion or return of refugees to countries where their lives or
freedom would be threatened, and it granted refugee status and asylum.
The Government generally cooperated with the UN High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in assisting
refugees and returning citizens. There were anecdotal reports that
deported Ethiopian asylum seekers from Yemen were detained upon return.
During the year the Government, in cooperation with UNHCR, opened
two new refugee camps: Sheder, northeast of the town of Jijiga, to
accommodate a steady influx of Somali refugees, and My Ayni, in Tigray
National Regional State, to accommodate up to 10,000 new Eritrean
refugees. An average of 400 to 500 new Eritrean refugees arrived
monthly during the year. However, approximately 200 to 300 Eritrean
refugees departed monthly on secondary migration through Egypt and
Sudan to go to Europe and other final destinations. UNHCR assisted in
the reception and transportation back to My Ayni of over 150 Eritrean
refugees who had been detained in Egypt and deported by the Egyptian
authorities.
The Government required that all refugees reside and remain in
designated camps, most of which were located near the Eritrean,
Somaliland, and Sudanese borders, unless granted permission to live
elsewhere in the country. Such permission was given primarily to attend
higher education institutions, undergo medical treatment, or avoid
security threats at the camps. During the year, the Government expanded
its policy to provide greater freedom of movement to some Eritrean
refugees with family members living outside of the camps. Almost 1,500
urban refugees are currently registered with the UNHCR and the
Government, the majority of them from Somalia, Eritrea, and the
Democratic Republic of Congo.
Unlike in the previous year, conflict between ethnic groups in the
Gambella Region did not directly interfere with UNHCR's refugee
protection activities.
The Government, in cooperation with UNHCR, continued to provide
temporary protection to individuals from Sudan, Eritrea, and Somalia
who may not qualify as refugees under the 1951 convention and the 1967
protocol.
During the year UNHCR processed 334 refugees who departed for
resettlement abroad. UNHCR and the Government also assisted the safe,
voluntary return of more than 10,215 Sudanese refugees to their homes
during the year, allowing UNHCR to close two Sudanese refugee camps in
May.
Unlike in the previous year, there were no allegations of
government cooperation with the Government of Sudan in the forcible
repatriation of Ethiopian refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through partially free and fair elections held on the basis of
universal suffrage. In practice the ruling EPRDF and its allies
dominated the Government. In local and by-elections held in April, the
ruling EPRDF and allied parties won virtually all of the more than
three million seats contested, severely diminishing opportunities for
mainstream political opposition. Prior to the vote, ruling party agents
and supporters engaged in coercive tactics and manipulation of the
electoral process, including intimidation of opposition candidates and
supporters during the run-up to the vote. Citing these obstacles, two
leading opposition parties withdrew from the elections shortly
beforehand.
The Government policy of ethnic federalism led to the creation of
individual constituencies to ensure representation of all major ethnic
groups in the House of Peoples' Representatives. Nevertheless, small
ethnic groups lacked representation in the legislature. There were 23
nationality groups in six regional states that did not have a
sufficient population to qualify for constituency seats; however, in
the 2005 elections, individuals from these nationality groups competed
for 23 special seats in the 547-seat House of Peoples' Representatives.
Additionally, these 23 nationality groups have one seat each in the
112-seat House of Federation, the upper house of parliament.
Elections and Political Participation.--The constitution provides
citizens the right to change their government peacefully and to freely
join a political organization of their choice; however, in practice
these rights were restricted through bureaucratic obstacles and
government and ruling party intimidation and arrests.
The local and by-elections on April 13 and April 20, respectively,
were the first nationwide elections since the historic 2005 national
elections, which ended in heavy postelection violence and large-scale
arrests. According to domestic and international observers, the 2005
elections, in which the EPRDF coalition won 372 of 547 seats, generally
reflected the will of the people and were an important step forward in
the country's democratization efforts. However, irregularities in 2005
marred polling in many areas. For instance, observers reported vote
count fraud, improper handling of ballot boxes, and barring of party
agents from polling stations and ballot counts. Observers also reported
killings, disappearances, voter intimidation and harassment, unlawful
detentions of opposition party supporters, and bribery. Opposition
parties accused the NEB of ruling party bias and of failing to address
the complaints it received. Following an ad hoc complaints resolution
process, the NEB decided to hold new elections in 31 constituencies in
2005; however, opposition parties boycotted due to perceived flaws in
the review process.
Opposition parties made an unexpectedly strong showing in the 2005
elections, increasing their parliamentary representation from 12 to 172
seats and earning 137 of 138 Addis Ababa City Council seats. Despite
this, some opposition members refused to take their seats and instead
boycotted. Violent antigovernment protests then erupted in November
2005 and led to a government crackdown including arrests of several
dozen opposition leaders, journalists, and civil society group members,
as well as between 30,000 and 50,000 demonstrators. Most prisoners were
released in three months, but many prominent individuals spent almost
two years in prison, with an unknown number of individuals still in
custody. Military intervention also led to widespread abuses such as
arbitrary detention and killings.
These events in 2005 formed the backdrop for this year's local and
by-elections held on April 13 and 20, as the first nationwide elections
since 2005. Unlike in 2005, polling went smoothly and peacefully and
there were no postelection mass arrests or violence. However, the
prepolling weeks and months were marred by reports of harassment,
intimidation, arrests, and killings of opposition party candidates and
their supporters, and incomplete compliance by the NEB with the
Electoral Law, prompting some of the major opposition parties such as
UEDF and OFDM to boycott the election. Ruling party, regional, federal,
and NEB officials mostly denied these incidents and, with few
exceptions, neither investigated such allegations nor held perpetrators
responsible. Other opposition parties remained in disarray and did not
have enough time to take part in the elections.
This climate, along with a dearth of opposition candidates,
contributed to starkly different election results from those in 2005.
Of the 3.6 million local and by-election seats contested, opposition
parties won three: a federal parliament seat, an Addis Ababa city
council seat, and a Gambella town council seat. According to the NEB,
the EPRDF coalition won more than 3.5 million seats with the remainder
going to noncoalition but EPRDF-allied parties. For instance, EPRDF won
38 of 39 contested federal parliament seats and 137 of 138 Addis city
council seats; this latter result was an exact reversal of 2005.
The EPRDF, its affiliates, and its supporters controlled 408 seats
in the 547-member House of People's Representatives and all seats in
the 112-member House of Federation, whose members were appointed by
regional governments and by the federal government. Membership in the
EPRDF conferred advantages upon its members; the party owned many
businesses and was broadly perceived to award jobs and business
contracts to loyal supporters.
The NEB reported a 93 percent voter turnout, approximately 24.5
million of 26.3 million registered voters. However, the Government
refused to allow foreign election observers, and this turnout rate was
inconsistent with observed voter presence levels and posted polling
station tallies.
Opposition parties fielded very few candidates in some regions.
This was due in part to widespread harassment of opposition candidates
and supporters as well as the delayed reopening of party offices in
November 2007, following forced closures after the 2005 elections.
Together opposition parties were able to register only an estimated
16,000 candidates countrywide. For example, in one area of Oromiya
where the opposition won overwhelmingly in 2005, there were 60,955
EPRDF candidates running against seven opposition candidates. Given a
lack of capacity, some opposition groups chose not to contest town
seats and instead focus on district and zonal seats.
On April 10, the UEDF, a coalition of opposition parties from SNNP
and Oromiya regions, announced their withdrawal from the elections.
This followed their delivery to the NEB of a list of seven
preconditions to their electoral participation based on incomplete
implementation of the Electoral Law, including proper elections of poll
observers, an end to candidate harassment, and registration of all
denied UEDF candidates.
The 2007 Electoral Law requires each polling station to have five
nonpartisan observers elected from the community, or approximately
200,000 election observers for the more than 42,000 polling stations.
There were, however, widespread reports that many of these poll
observers were instead appointed directly by the NEB from EPRDF
affiliates. The Electoral Law also allows NGOs to conduct either voter
education or election observation, but not both. While the Electoral
Law stipulates that election observers shall monitor the electoral
process, the NEB finally released its election observation guidelines
on February 29, three months after voter registration commenced and
weeks after the conclusion of candidate registration. This came too
late for some NGO monitors, and others did not even request permission
to observe, due to a lack of confidence in the process. Still others,
like EHRCO, simply didn't receive an NEB response. In the end, the NEB
approved 11 domestic NGOs as observers.
There were again reports that local officials used threats of land
redistribution and withholding of food aid and fertilizer to garner
support for the ruling coalition. There were many reports of ruling-
party or government harassment intended to prevent individuals from
joining opposition parties, registering their candidacies for elected
office, or renting property. There were numerous reports of
intimidation and violence directed against opposition party members and
supporters, primarily in the months before the local and by-elections,
including threats, beatings, arrests, and killings.
Registered political parties must receive permission from regional
governments to open and occupy local offices. There were, however,
widespread reports of opposition parties closing offices due to
intimidation and coercion by local officials. A common tactic reported
was to intimidate landlords into evicting their political party
tenants. For example, ONC had only two remaining offices, down from
more than 100 in 2005, and AEUP had only 25 offices, down from 280 in
2005.
On October 12, Bekele Girma, AEUP political organizer, left AEUP's
head office in Addis Ababa to open an office in Dilla town in the
SNNPR. Despite possessing an NEB letter requesting every regional
government to assist the bearer in opening a political office, Dilla
town police chief Obsa Hundessa detained Bekele and refused to allow an
AEUP office. Bekele was released in November.
Authorities often disrupted or unlawfully banned opposition party
meetings. For instance, authorities banned as illegal a preplanned
March 29 UEDF rally in a local constituency.
There were reports that authorities told opposition members to
renounce their party membership and vote for EPRDF if they wanted
access to fertilizer, agricultural services, food relief, continued
employment, and other benefits controlled by the Government.
There were reports of closed voter registration stations in pro-
opposition rural areas and of prospective voters advised to return the
following day after walking two or more miles. Opposition candidates
also reported registration office closures and fraudulent dropping of
opposition names from NEB candidate registration lists.
There were numerous reports of intimidation, harassment, abuse, and
detention of opposition candidates and their supporters, particulary in
the months leading up to the April elections. For example, in early
April the OPC assembled a list of 189 willing candidates for zonal and
district seats and sent a party officer to deliver it from Nekempt to
the OPC chairman in Addis Ababa. Regional police stopped the bus he was
riding on, confiscated the candidate list, detained each individual
named on the list, and held most until after candidate registration
closed.
On February 3, OPC member Terefe Tolossa, was assisting candidate
registration in Bekke town, Oromiya Region. Police detained him for
five days without charge and without trial at the Bekke police station,
where he suffered leg and back injuries from their beatings. After his
release, police and local militia rearrested him on February 14 at his
home and again released him on February 23 without trial. He was
rearrested twice more, on March 7 and March 9, never charged, and
eventually released.
In February ruling party cadres detained an opposition candidate
seven times in the 15 days after he registered as a district candidate
in Western Oromiya. They alternately threatened to fire him from his
teaching job, relocate him to a rural site, and kill him and his
children.
On March 9, police and local officials beat federal parliamentarian
Gutu Mulisa while he campaigned for the UEDF in Elfeta District,
Oromiya Region. Gutu filed a complaint with Elfeta District Police. At
year's end the case was pending.
On March 24, police and plainclothes officers stopped Bilisuma
Shuge, a resident of Bole Sub-City, Addis Ababa, at gunpoint on his way
home from playing sports and beat him severely as a suspected CUD
supporter.
There were credible reports that teachers and other government
workers had their employment terminated if they belonged to opposition
political parties. According to opposition groups OFDM and ONC, the
Oromiya regional government continued to dismiss their members-
particularly teachers-from their jobs.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement these laws effectively. The World Bank's worldwide governance
indicators reflected that corruption remained a serious problem.
The MOJ has primary responsibility for combating corruption,
largely through the Federal Ethics and Anti-Corruption Commission
(Ethics Commission). A combination of social pressure, cultural norms,
and legal restrictions limited corruption. However, government
officials appeared to manipulate the privatization process, and state
and party-owned businesses received preferential access to land leases
and credit.
During the year, there were numerous arrests of senior and junior
officials on corruption charges. For instance, on February 18, the
Ethics Commission arrested Tesfaye Birru, former ETC managing director,
and 12 other senior management staff and accused them of approving an
equipment and technology contract outside of government bid
regulations, costing 1.52 billion birr ($148.2 million). The case was
before the Federal High Court by year's end.
Also early in the year, the Ethics Comimision accused eight high-
ranking National Bank officials for involvement in a gold scandal worth
158 milllion birr ($15.4 million). The trial began in July before the
Federal High Court and continued at year's end.
The law provides for public access to government information, but
access was largely restricted in practice. The Press Law passed in July
included freedom-of-information provisions but will not take effect for
two years.
The Government publishes its laws and regulations in the national
gazette prior to their taking effect. The Ministry of Information
managed contacts between the Government, the press, and the public;
however, the Government routinely refused to respond to queries from
the private press (See Section 2.a.).
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated with limited government restriction, investigating
and publishing their findings on human rights cases. The Government
generally was distrustful and wary of domestic human rights groups and
international observers.
Two of the most prominent domestic human rights organizations were
EHRCO and the Ethiopian Women Lawyers Association (EWLA). The
Government routinely discounted EHRCO's reports and labeled it a
political organization.
EWLA's primary function was to provide legal representation for
women. These and numerous other groups mainly engaged in civic and
human rights education, advocacy, legal assistance, and trial
monitoring. However, the Government neither shared information nor
acknowledged the existence of human rights abuses.
During the year the Government introduced restrictive legislation
that would affect numerous civil society organizations. The Charities
and Societies Proclamation seeks to prohibit civil society
organizations that receive more than 10 percent of their funding from
foreign sources from engaging in activities that promote human rights
and democracy; the rights of children and the disabled; equality among
nations, nationalities, people, gender and religion; or conflict
resolution or reconciliation. Since nearly all civil society
organizations that work in these areas rely on foreign funding, it is
likely that many will be unable to continue their activities. Among the
civil society organizations likely to be affected are the two most
prominent human rights organizations, EHRCO and EWLA.
The Government sometimes cooperated with international
organizations such as the UN. However, the Government continued to
restrict the ICRC, MSF, and other NGOs from working in the Somali
Region. Both the ICRC and MSF had expressed concern about the
Government's counterinsurgency campaign against the ONLF (See Section
1.g.).
Two NGO members detained in 2005 were pardoned (See Section 1.d.).
The Government denied the ICRC access to federal prisons, police
stations, and political prisoners.
Security officials continued to intimidate or detain local
individuals to prevent them from meeting with NGOs and foreign
government officials investigating abuse allegations.
The Government-established Ethiopian Human Rights Commission (EHRC)
investigates human rights complaints and produces both annual and
thematic reports; however, their reports were not public. This year,
the EHRC received 300 complaints but determined that most fell outside
of its jurisdiction and, at year's end, had eight to 10 cases pending.
Early in the year, an EHRC team investigating human rights abuses
in the Somali Region was prohibited from traveling outside of the
regional capital and was permitted access to only one detention
facility.
The Office of the Ombudsman has the authority to receive and
investigate complaints with respect to misadministration by executive
branch offices. The office received hundreds of complaints this year,
mainly focused on delays or denials in services, improper institutional
decisions, promotions or demotions, and pension issues. It is not known
which complaints were investigated or acted upon.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution (Article 25) provides all persons equal protection
without discrimination based on race, nation, nationality, or other
social origin, color, gender, language, religion, political or other
opinion, property, birth, or status; however, in practice the
Government did not fully promote and protect these rights.
Women.--The constitution (Article 35) provides women the same
rights and protections as men. Harmful Traditional Practices (HTPs)
such as female genital cutting, abduction, and rape have been
explicitly criminalized. Enforcement of these laws lags. To address
this, the Government established a National Commission for Children's
and Women's Affairs in 2005, as part of the EHRC, to investigate
alleged human rights violations against women and children.
Women and girls experience gender-based violence daily, but it is
underreported due to shame, fear, or a victim's ignorance of legal
protections. The National Committee for Traditional Practices in
Ethiopia identified 120 HTPs. The 2005 Ethiopian Demographic and Health
Survey found that more than 74 percent of women and girls were
subjected to FGM, although this was declining. In the context of
gender-based violence, significant gender gaps in the justice system
remained due to poor documentation, inadequate investigation, and lack
of special handling of cases involving women and children.
The law criminalizes rape, calling for five to 20 years of
imprisonment depending on the severity of the case. The law does not
include spousal rape. The Government did not fully enforce the law,
partially due to widespread underreporting. The Addis Ababa 2006 annual
police report listed 736 rape cases out of an estimated population of
five million persons. Statistics on the number of abusers prosecuted,
convicted, or punished were not available at year's end.
Domestic violence, including spousal abuse, was a pervasive social
problem. The 2005 Health Survey found that 81 percent of women believed
a husband had a right to beat his wife. A 2005 World Health
Organization (WHO) study found that in two rural districts, Meskan and
Mareko, 71 percent of women were subject to physical or sexual
violence, or both, by an intimate partner during their lifetime. While
women had recourse to the police and the courts, societal norms and
limited infrastructure prevented many women from seeking legal redress,
particularly in rural areas. The Government prosecuted offenders on a
limited scale.
Limited access to family planning services, high fertility, low
reproductive health and emergency obstetric services, and poor
nutritional status and infections all contributed to high maternal
mortality ratio (673/100,000 mothers), according to the 2005 Health
Survey. Maternal health care services did not reach the majority of
women; skilled birth attendants aided only 10 percent of births. The
national average for antenatal care (ANC) is 28 percent.
Prostitution was legal for persons over age 18 and was commonly
practiced around the country; however, the law prohibits pimping and
benefiting from prostitution. Persons exploited in prostitution
routinely reported that poverty was the principal reason. Article 634
of the Ethiopian Penal Code (revised May 2005) stipulates ``whoever,
for gain makes a profession of or lives by procuring on the
prostitution or immorality of another, or maintains, as a landlord or
keeper, a brothel, is punishable with simple imprisonment and fine.''
Sexual harassment was widespread. The penal code prescribes 18 to
24 months' imprisonment; however, harassment-related laws were not
enforced.
The law sets the legal marriage age for girls and boys at 18;
however, this law is not enforced. For example, a 2006 Pathfinder
International study found that in the Amhara Region, 48 percent of
women are married before the age of 15-the highest early marriage rate
in the country.
Discrimination against women was most acute in rural areas, where
85 percent of the population was located. The law contains
discriminatory regulations, such as the recognition of the husband as
the legal head of the family and the sole guardian of children over
five years old. Authorities did not consider domestic violence a
serious justification for granting a divorce. There was limited legal
recognition of common law marriage. Irrespective of the number of years
the marriage existed, the number of children raised, and joint
property, the law entitled women to only three months' financial
support if a common law relationship ended. A husband had no obligation
to provide financial assistance to his family and, as a result, women
and children sometimes faced abandonment. Even with recent stronger
formal laws, most rural residents continued to apply customary law in
economic and social relationships.
All land belongs to the Government. Although women could obtain
government leases to land, and the Government had an explicit policy to
provide equal access for women to land, rural communities rarely
enforced this policy. In nearly all regions women did not have access
to land, except through marriage. The law states that any property
owned before marriage belongs to the spouse that previously owned it,
while any property gained during marriage belongs to the husband upon
divorce. In practice, when a husband died, other family members often
took the land from his widow. In pastoralist areas where poverty is
higher, women do not own property without a male guardian, which
increases their marginalization and vulnerability. A widow must marry
her brother-in-law or have an adult son in order to keep her deceased
husband's land.
In urban areas, women had fewer employment opportunities than men,
and the jobs available did not provide equal pay for equal work.
Women's access to gainful employment, credit, and owning and/or
managing a business was limited by their low level of education and
training, traditional attitudes, and limited access to information.
Children.--The constitution (Article 36) provides a comprehensive
list of rights for children. The Government supported efforts by
domestic and international NGOs that focused on children's social,
health, and legal issues, despite its limited ability to provide
improved health care, basic education, or child protection.
As a policy, primary education was universal and tuition-free, but
not compulsory; however, there were not enough schools to accommodate
the country's youth, particularly in rural areas, and the cost of
school supplies was prohibitive for many families. In 2005, primary
school attendance rates were 81.7 percent for male children and 73.2
percent for female children; in Addis Ababa, girls' attendance was
significantly higher. Government reports indicated that 20.6 percent of
the children who attended school left the system before they reached
the second grade, and only 41.7 percent who began first grade completed
eighth grade.
Child abuse was widespread. Members of an NGO staffed 10 child
protection units in Addis Ababa's police stations to protect the rights
of juvenile delinquents and juvenile victims of crime. Some police
officers received training during the year on procedures for handling
cases of child abuse.
Societal abuse of young girls continued to be a problem. HTPs
included FGM, early marriage, marriage by abduction, and food and work
prohibitions.
In the Afar Region older men continued to marry young girls, but
this traditional practice continued to face greater scrutiny and
criticism. Local NGOs, such as the Kembatta Women's Self-Help Center
and the Tigray Women's Association, also influenced societal attitudes
toward harmful traditional practices and early marriage in their areas.
Regional governments in Amhara and Tigray ran programs to educate young
women on the issues of early marriage.
The majority of girls and women in the country had undergone some
form of FGM. Girls typically experienced clitorectomies seven days
after birth (consisting of an excision of the clitoris, often with
partial labial excision) and faced infibulations (the most extreme and
dangerous form of FGM) at the onset of puberty. The 2005 Health Survey
reported that the practice of FGM among all women had decreased from 80
to 74 percent, while support for the practice among women had dropped
from 60 to 29 percent. Additionally, a February study funded by Save
the Children Norway reported a 24 percent national reduction in FGM
cases over the past 10 years due in part to a strong anti-FGM campaign.
The penal code criminalizes practioners of clitorectomy by imprisonment
of at least three months or a fine of at least 500 birr ($49).
Likewise, infibulation of the genitals is punishable with imprisonment
of five to 10 years. No criminal prosecutions have ever been brought
for FGM. The Government discouraged the practice of FGM through
education in public schools and broader mass media campaigns.
Although illegal, the abduction of women and girls as a form of
marriage continued to be widespread in several regions, including the
Amhara, Oromiya, and SNNP regions, despite the Government's attempts to
combat the practice. Forced sexual relationships accompanied most
marriages by abduction, and women often experienced physical abuse
during the abduction. Abductions led to conflicts among families,
communities, and ethnic groups. In cases of marriage by abduction, the
perpetrator did not face punishment if the victim agreed to marry the
perpetrator. Authorities often commuted the sentence of the convicted
perpetor if the victim married the perpetrator.
Child marriage was also a problem, particularly in the Amhara and
Tigray regions, where girls were routinely married as early as age
seven, despite the legal minimum age of 18 for marriage. There were
some signs of growing public awareness in communities of the problem of
abuse of women and girls, including early marriage.
The UN Children's Fund (UNICEF) estimated there were between
150,000 and 200,000 street children nationally, with a further one
million vulnerable or at risk of ending up on the streets. UNICEF
stated the problem was exacerbated because of families' inability to
support children due to parental illness and decreased household
income. These children begged, sometimes as part of a gang, or worked
in the informal sector. Government- and privately run orphanages were
unable to handle the number of street children, and older children
often abused younger ones. Due to severe resource constraints,
hospitals and orphanages often overlooked or neglected abandoned
infants. ``Handlers'' sometimes maimed or blinded children to raise
their earnings from begging.
Trafficking in Persons.--The law prohibits trafficking in persons;
however, there were reports that persons were trafficked from and
within the country. The law prescribes five to 20 years imprisonment
for such crimes. The Ministry of Labor and Social Affairs (MOLSA), in
collaboration with the police, is responsible for monitoring
trafficking in persons, while the MOJ is responsible for enforcing laws
related to trafficking. During the year, the MOLSA revised Proclamation
104/98 to improve coordination, supervision, and control over
international employment agencies and better protect migrant workers
from fraudulent recruitment and debt bondage situations.
The country is a source country for men, women, and children
trafficked primarily for the purpose of forced labor and, to a lesser
extent, for commercial sexual exploitation. High unemployment, extreme
poverty, and the chance at better opportunities abroad drive migration.
Local NGOs estimated 30,000 to 35,000 persons were trafficked
internationally between March 2007 and March 2008. More females than
males were trafficked. Young women, particularly those ages 16-30, were
the most commonly trafficked group, while a small number of children
were also reportedly trafficked internationally.
Rural children and adults are trafficked to urban areas for
domestic servitude and, less frequently, commercial sexual exploitation
and other forced labor, such as street vending, begging, traditional
weaving, or agriculture; situations of debt bondage were reported.
Women are trafficked transnationally for domestic servitude, primarily
to Lebanon, Saudi Arabia, and the United Arab Emirates, but also to
Bahrain, Djibouti, Kuwait, Sudan, Syria, and Yemen. Some of these women
are trafficked into the sex trade after arriving at their destinations,
while others have been trafficked onward from Lebanon to Turkey, Italy,
and Greece. Small numbers of men are trafficked to Saudi Arabia and the
Gulf States for low-skilled forced labor.
Addis Ababa's police Child Protection Unit (CPU) reported that
traffic broker networks grew increasingly sophisticated and
collaborative. Traffickers now approached vulnerable individuals at bus
terminals seven to nine miles outside of Addis Ababa to avoid police
presence. Traffickers sometimes used agents and brokers to lure victims
with jobs, food, guidance, or shelter.
Crosscountry bus and truck drivers are involved in trafficking of
children, while brokers, pimps, and brothel owners finalize the deal at
the receiving end.
Local brokers operate and recruit at the community level, and many
knew the victim or victim's family. To avoid police detection and
identification, local brokers did not advertise, often worked from
rented houses, cafes, or hotel rooms, and changed places often. Some
brokers used commission-based facilitators who were trusted by a
potential victim's family to recruit victims.
The Government helped address trafficking through awareness raising
about risks of seeking employment overseas. It employed two
predeparture counselors to brief persons intending to work overseas,
worked with NGOs and the International Organization for Migration (IOM)
to monitor immigration and emigration patterns for evidence of
trafficking, and supervised and trained international labor migration
firms.
The Government and its embassies and consulates provided little
assistance to victims of trafficking: limited legal advice, infrequent
temporary shelter, and no repatriation loans. Returning victims relied
on psychological services provided by public health institutions and
NGOs.
The Government accords no special protections, restitution, and has
very limited shelter provisions or other special services benefits for
victim returnees. In 2007 there were anecdotal reports of returned
trafficking victims being detained, jailed, or prosecuted for
violations of laws, such as those governing prostitution or
immigration.
While antitrafficking investigations continued, there were only
three convictions reported in the last year. In addition, law
enforcement entities lacked the institutional capacity to separate data
on trafficking cases from broader fraud cases. In 2007, the CPU at the
central bus terminal reported 694 cases of child trafficking to the
police, a decrease over the previous year. Of these, 50 cases were
referred to the prosecutor's office; 30 were closed for lack of
evidence or a suspect; and the remaining 20 cases were pending
prosecution. Of the remaining 594, 103 were referred for shelter
services in Addis Ababa. No follow up information was available
regarding the remaining 491. Law enforcement data was not reported for
areas outside of the capital.
In March the Federal High Court sentenced a man to five years'
imprisonment for trafficking more than 40 men to work for a Saudi
Arabian construction company, where they were forced to provide unpaid
manual labor and experienced physical abuse.
Another trafficker was sentenced in January to one year's
imprisonment and fined 26,000 birr ($2,535) for trafficking a female
domestic worker to Dubai. A small number of local police and border
control agents are believed to accept bribes to overlook trafficking.
Persons With Disabilities.--The law does not mandate equal rights
for persons with disabilities, and the Government devoted few resources
to rehabilitate or assist such persons. The Government did not mandate
access to buildings, such as schools, for persons with disabilities or
provide services for them.
Persons with disabilities sometimes complained of job and wage
discrimination.
Women with disabilities are more disadvantaged than men in
education and employment. For instance, an Addis Ababa University study
showed that female students with disabilities are subjected to a
heavier burden of domestic work than their male peers. The enrollment
rate for girls with disabilities is lower than males at the primary
school level, and this gap increases at higher levels of education.
Girls with disabilities are also much more likely to suffer physical
and sexual abuse than able-bodied girls.
There were approximately seven million persons with disabilities,
according to the Ethiopian Federation of Persons with Disabilities.
There was one mental hospital and an estimated 10 psychiatrists in the
country. There is one school for the blind in Addis Ababa. MOLSA, which
was responsible for protecting the rights of persons with disabilities,
funded prosthetic and orthopedic centers in five of the nine regional
states over the past three years as part of its ``National Program of
Action for Rehabilitation of Persons with Disabilities.''
National/Racial/Ethnic Minorities.--There are more than 80 ethnic
groups, of which the Oromo, at 40 percent of the population, was the
largest. Although many groups influenced political and cultural life,
Amharas and Tigrayans from the northern highlands played a dominant
role. The federal system drew boundaries roughly along major ethnic
group lines, and regional states had much greater control over their
affairs than previously. Most political parties remained primarily
ethnically based.
The military remained an ethnically diverse organization; however,
Tigrayans increasingly dominated the senior officer corps both through
preferential promotions and heightened attrition among non-Tigrayans.
There were occasional reports that officials terminated the
employment of teachers and other government workers if they were not of
the dominant ethnic group in the region.
Government and ONLF forces were responsible for widespread human
rights abuses in the Somali Region (See Section 1.g.).
EHRCO reported that ethnic conflict made up the majority of its
human rights reporting this year. Ethnic conflict in the western,
southern, and eastern areas resulted in killings and injuries above
levels in 2007 and resulted in the death of hundreds and displacement
of tens of thousands of persons. There were also clashes among ethnic
groups in the Oromiya, Benishangul-Gumuz, and SNNP regions.
For example, on February 22, an Oromo student stabbed to death
Zewdu Abate, an ethnic Amhara and fellow classmate at Dilla University
in the SNNPR, allegedly due to ethnic tension. The suspect was in
custody.
From February 3 to 7, clashes between Konso and Derashe ethnic
groups left 33 dead and 17 injured in the SNNPR.
From February 21 to 26, Koira and Guji ethnic groups fought over
scarce resources along the Oromiya-SNNPR border, resulting in 10 dead
and 27 injured.
From May 17 to 21, a conflict over land rights between the Oromo
and Gumuz ethnic groups in the Sasiga, Diga, Bumto Gida, and Limu
districts in the Oromiya Region resulted in approximately 130 deaths
and an unknown number of injuries. Federal and local police restored
some order and arrested approximately 120 suspects, including the
Benishangul-Gumuz regional vice president. At year's end trials were
reportedly underway for some suspects.
During the year, the Government, led by the EHRC, completed its
first implementation report for the Convention on the Elimination of
Racial Discrimination. The EHRC solicited input from NGOs and
encouraged them to do a shadow report.
Other Societal Abuses and Discrimination.--Homosexuality is illegal
and punishable by imprisonment. Instances of homosexual activity
involving coercion or involving a minor (age 13 to 16) are punishable
by three months' to five years' imprisonment. Where children under 13
years of age are involved, the law provides for imprisonment of five to
25 years. While society did not widely accept homosexuality, there were
no reports of violence against lesbian, gay, bisexual, and transgender
individuals; however, the lack of reporting may be due to fears of
retribution, discrimination, or stigmatization.
The AIDS Resource Center in Addis Ababa reported that the majority
of self-identified gay and lesbian callers-75 percent of whom were
male-requested assistance in changing their behavior to avoid
discrimination. Many gay men reported anxiety, confusion, identity
crises, depression, self-ostracizing, religious conflict, and suicide
attempts.
In December nearly a dozen religious figures adopted a resolution
against homosexuality, urging lawmakers to endorse a ban on homosexual
activity in the constitution. The group also encouraged the Government
to place strict controls on the distribution of pornographic materials.
Societal stigma and discrimination against persons living with or
affected by HIV/AIDS continued in the areas of education, employment,
and community integration. Despite the abundance of anecdotal
information, there is no data or statistical information on the scale
of this problem.
Section 6. Worker Rights
a. The Right of Association.--The law provides most workers with
the right to form and join unions, and the Government allowed this in
practice. However, the law specifically excludes teachers and civil
servants (including judges, prosecutors, and security service workers)
from organizing unions. There was government interference in trade
union activities during the year. Under a new regulation passed by the
Council of Ministers on August 14, the Ethiopian Revenue and Customs
Authority's director general has the sole power to dismiss workers
suspected of corruption. Courts have no authority to reinstate workers
cleared of such charges.
A minimum of 10 workers was required to form a union. While the law
provides all unions with the right to register, the Government may
refuse to register trade unions that do not meet its registration
requirements. The Government retained the authority to cancel the
registration of a union after consulting the appropriate courts. There
were no reports that the Government used this authority during the
year. The law stipulates that a trade organization may not act in an
overtly political manner. Approximately 300,000 workers were union
members.
Seasonal and part-time agricultural workers did not organize into
labor unions. Compensation, benefits, and working conditions of
seasonal agricultural workers were far below those of unionized
permanent agricultural employees.
On February 7, the Supreme Court ruled that the independent ETA be
shut down and forfeit its name, property, and bank assets to the
Government-controlled ETA. This decision capped 15 years of lengthy
legal proceedings and appeals. The independent ETA ultimately appealed
this decision to the Court of Cassation, a component of the Supreme
Court limited to fundamental errors in law, but again lost on June 26.
The independent ETA relinquished its property on August 8.
On July 23, employees of Shell Ethiopia demonstrated at the gate of
their head office, expressing disappointment with Shell's decision to
sell its interests in the country to Oil-Libya and demanding better
treatment. In November 2007 Shell Ethiopia's labor union filed a
lawsuit in the Federal First Instance Court alleging that Shell
Ethiopia illegally changed its retirement and severance packages to
save money on unemployment payments prior to a possible closure of
operations. At year's end the case remained pending.
During the year, top management of the state-owned Bole Printing
Enterprise disagreed with its trade union on worker compensation and
unlawful termination. In late December a labor advisory board composed
of state ministers, representatives of the employees, the Confederation
of Ethiopian Trade Unions, and the management of the enterprise found
that both sides were at fault and decided to reinstate the unlawful
terminations of employees. The employees were expected to resume their
duties.
Although the constitution and law provide workers with the right to
strike to protect their interests, it contains detailed provisions that
make legal strike actions difficult to carry out, such as a minimum of
30 days' advance notice before striking. The law requires aggrieved
workers to attempt reconciliation with employers before striking and
includes a lengthy dispute settlement process. These applied equally to
an employer's right to lock workers out. A majority of the workers
involved must support a strike for it to occur.
Workers nonetheless retained the right to strike without resorting
to either of these options, provided they give at least 10 days' notice
to the other party and to the MOLSA, make efforts at reconciliation,
and provide at least a 30-day warning in cases already before a court
or labor relations board.
The law also prohibits strikes by workers who provide essential
services, including air transport and urban bus service workers,
electric power suppliers, gas station personnel, hospital and pharmacy
personnel, firefighters, telecommunications personnel, and urban
sanitary workers.
The law prohibits retribution against strikers, but labor leaders
stated that most workers were not convinced that the Government would
enforce this protection. Labor officials reported that, due to high
unemployment and long delays in the hearing of labor cases, some
workers were afraid to participate in strikes or other labor actions.
b. The Right to Organize and Bargain Collectively.--The law
protects the right of collective bargaining for most workers, and in
practice the Government allowed citizens to exercise this right freely.
Labor experts estimated that collective bargaining agreements covered
more than 90 percent of unionized workers. Representatives negotiated
wages at the plant level. Unions in the formal industrial sector made
some efforts to enforce labor regulations.
Although the law prohibits antiunion discrimination by employers
against union members and organizers, unions reported that employers
frequently fired union activists. Lawsuits alleging unlawful dismissal
often took years to resolve because of case backlogs in the labor
courts. According to labor leaders, a number of court cases in which
workers were terminated for union activities were pending after four or
five years. Employers found guilty of antiunion discrimination were
required to reinstate workers fired for union activities and generally
did so in practice.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--While the law
prohibits forced or compulsory labor, including by children, such
practices occurred (See Sections 5 and 6.d.). Courts could order forced
labor as a punitive measure. Both adults and children were forced to
engage in street vending, begging, traditional weaving, or agriculture
work. Situations of debt bondage also occurred in traditional weaving,
pottery, cattle-herding and other agricultural activities, mostly in
rural areas. Forced child labor occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws against child labor; however, the Government did not
effectively implement these laws in practice, and child labor remained
a serious problem, both in urban and rural areas. Under the law, the
minimum age for wage or salary employment is 14 years; however, the
minimum age for employment was not effectively enforced. Special
provisions cover children between the ages of 14 and 18, including the
prohibition of hazardous or night work. By law, children between the
ages of 14 and 18 were not permitted to work more than seven hours per
day, between the hours of 10 p.m. and 6 a.m., on public holidays or
rest days, or overtime; however, children ages 15 to 18 are allowed to
work, so long as it is not hazardous to their health, education,
development, or well-being. The Government defined hazardous work as
work in factories or involving machinery with moving parts or any work
that could jeopardize a child's health. Prohibited work sectors include
transporting passengers, electric generation plants, underground work,
street cleaning, and many other sectors.
In a 2001 survey conducted by the Central Statistics Authority,
approximately 58 percent of boys and 42 percent of girls ages 5 to 14
were working. These figures were supported by a 2006 UNHCR study on the
worst forms of child labor. The majority of working children were found
in the agricultural sector (95 percent), followed by services,
manufacturing, and other sectors. The number of working children is
higher in the Amhara, Oromiya, SNNP, and Tigray regions compared with
other regions. During the year the Government increased investments in
modernizing agricultural practices as well as in the construction of
schools in efforts to combat the problem of children in agricultural
sectors.
According to MOLSA, many children work for their families without
pay. In both rural and urban areas, children often begin working at
young ages. The MOLSA reported that two out of five working children
are below the age of six. In rural areas, children work in agriculture
on commercial and family farms and in domestic service. Children in
rural areas, especially boys, engage in activities such as cattle-
herding, petty trading, plowing, harvesting, and weeding, while other
children, mostly girls, collect firewood and fetch water. In urban
areas, many children, including orphans, work in domestic services,
often working long hours which may prevent them from attending school
regularly. Children in urban areas also work in construction,
manufacturing, shining shoes, making clothes, portering, directing
customers into taxis, petty trading, and herding animals. Many children
believe they are unable to quit their jobs and fear physical, verbal,
and sexual abuse from their employers while performing their work.
According to social welfare activists and civic organizers, who cite
anecdotal evidence, forced child labor is poorly documented, and child
laborers often face physical, sexual, and emotional abuse at the hands
of their employers.
Estimates of the population of street children vary, with
government estimates between 150,000 and 200,000 and the UNICEF
estimate, 600,000. In the capital city of Addis Ababa alone, there are
an estimated 50,000 to 60,000 street children according to the
Government and 100,000 according to UNICEF. Some of these children work
in the informal sector in order to survive.
The commercial sexual exploitation of children continued during the
year, particularly in urban areas. Girls as young as 11 reportedly were
recruited to work in brothels, often sought by customers who believed
them to be free of sexually transmitted diseases. Girls were also
exploited as prostitutes in hotels, bars, resort towns, and rural truck
stops. Reports indicated that some young girls were forced into
prostitution by their family members. The Government's definition of
worst forms of child labor included prostitution and bonded labor.
Within the country, children are trafficked from rural to urban areas
for domestic service, commercial sexual exploitation, and forced labor
in street vending and other activities. Reports indicate that children
have been trafficked from the Oromiya and the SNNP regions to other
regions of the country for forced or bonded labor in domestic service.
Child labor issues are currently covered by the MOLSA, with limited
support from the Ministry of Women's Affairs and the Ministry of Youth
and Sports. Cooperation, information-sharing, and coordination between
and among the ministries were poor. Courts are responsible for
enforcing childrens' rights, and criminal and civil penalties may be
levied in child rights violation cases. In the absence of a national
strategy, investigation and disposition of child rights violation cases
is minimal.
To prevent child trafficking, a joint police-NGO child victim
identification and referral mechanism operates in the capital. The
Child Protection Units (CPUs) in each Addis Ababa police station
rescued and collected information on trafficked children that
facilitated their return to their families; the CPUs referred 240
trafficked children to IOM and local NGOs for care in 2006. The CPUs
also collect data on rescued children to facilitate their reunification
with their families.
Internationally funded centers in Addis Ababa provided shelter,
medical care, counseling, and reintegration assistance to girls
victimized by trafficking. Other international NGOs provided assistance
to children engaged in commercial sexual exploitation, including such
services as a drop-in center, shelter, educational services, skills
training, guidance, assistance with income-generating and employment
activities, and family reunification services.
e. Acceptable Conditions of Work.--There is no national minimum
wage. Some government institutions and public enterprises, however, set
their own minimum wages. Public sector employees, the largest group of
wage earners, earned a monthly minimum wage of approximately 320 birr
($31); employees in the banking and insurance sector had a minimum
monthly wage of 336 birr ($33). According to the Office for the Study
of Wages and Other Remuneration, these wages did not provide a decent
standard of living for a worker and family. Consequently, most families
in the wage sector required at least two wage earners to survive, which
forced many children to leave school early. Only a small percentage of
the population was involved in wage labor employment, which is
concentrated in urban areas. Many young girls have migrated illegally
to the Gulf States in search of housekeeping work in order to assist
families back home. Many of these girls have been subjected to inhumane
living and working conditions, and some have lost their lives. In an
effort to prevent these situations, the MOLSA continued to encourage
illegal employment agencies to register as legal organizations.
The Ethiopian labor law provides for a 48-hour maximum legal
workweek with a 24-hour rest period, premium pay for overtime, and
prohibition of excessive compulsory overtime. Although the Government
did little to enforce the law, in practice most employees in the formal
sector worked a 40-hour workweek. However, many foreign, migrant, and
informal sector workers worked more than 48 hours per week.
The Government, industries, and unions negotiated occupational
health and safety standards; however, the MOLSA inspection department
did not effectively enforce these standards, due to lack of resources.
Lack of detailed, sector-specific health and safety guidelines also
pronhibited enforcement. Workers had the right to remove themselves
from dangerous situations without jeopardizing their employment;
however, most workers feared losing their jobs if they were to do so.
__________
GABON
Gabon is a republic dominated by a strong presidency and the
Gabonese Democratic Party (PDG), which has held power since 1968. The
population is approximately 1.4 million. Legislative elections in 2006
resulted in continued dominance by President El Hadj Omar Bongo
Ondimba's PDG, which won more than two-thirds of the seats in a
generally free and fair election. All parties participated in the
election after the Government met several opposition electoral reform
demands. In 2005 PDG leader Bongo, president since 1967, was reelected
for a seven year term in an election marred by irregularities. Civilian
authorities generally maintained effective control of the security
forces.
The country's human rights record remained poor. The following
human rights problems were reported: limited ability of citizens to
change their government; use of excessive force, including torture
toward prisoners and detainees; harsh prison conditions; arbitrary
arrest and detention; an inefficient judiciary susceptible to
government influence; restrictions on the right to privacy;
restrictions on freedom of speech, press, association, and movement;
harassment of refugees; widespread government corruption; violence and
societal discrimination against women, persons with HIV/AIDS, and
noncitizen Africans; trafficking in persons, particularly children; and
forced labor and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
Ritualistic killings occurred. In February the mutilated body of a
30-year-old male was found in Tchibanga. In March the mutilated body of
a high school-aged female was found on a Libreville beach not far from
her school. The markings on both bodies suggested the murders were
committed for ritualistic purposes. Authorities condemned the killings,
but no one was arrested for the crimes.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit such practices,
credible reports persisted of security forces beating prisoners and
detainees to extract confessions.
In April police beat a local nongovernmental organization (NGO)
leader and a cameraman from a local television station during a protest
march against cost of living increases.
In May several agriculture ministry civil servants on strike for
better working conditions were beaten by police in front of their
offices. The police claimed they had information, later proved false,
that the striking employees were holding the minister hostage.
Authorities reportedly took no action against the police involved in
either case.
There were reports of police officers beating, robbing, and raping
prostitutes.
Unconfirmed reports from the African immigrant community asserted
that police and soldiers occasionally beat noncitizen Africans during
operations to round up and deport illegal immigrants. Refugees
continued to complain of harassment and extortion by security forces.
There were isolated reports that practitioners of certain
indigenous religions inflicted bodily harm and sometimes killed other
persons.
Prison and Detention Center Conditions.--Prisons were overcrowded,
and conditions were harsh. Food, sanitation, and ventilation were poor,
and medical care was almost nonexistent. NGOs and private citizens
occasionally made contributions to augment prisoners' food rations.
Juveniles were held with adults, and pretrial detainees were held with
convicted prisoners.
There were no known visits by human rights monitors to prisons;
however, there also were no reports that the Government impeded such
visits.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, but the Government did not
always observe these prohibitions.
On December 31, authorities arrested at least five individuals
without immediately disclosing the reason for their arrest. Among the
arrested were Marc Ona, coordinator of the NGO ``Publish What You Pay''
coalition (See Section 2.d.); Georges Mpaga, president of the Gabonese
Civil Society Network for Good Governance; and Gregory Ngbwa Mintsa, a
civil plaintiff in a case filed in France denouncing the alleged
embezzlement of public funds by President Bongo. Sources close to the
detainees claim that they were initially denied access to their
attorneys and families. They remained in detention at year's end.
Role of the Police and Security Apparatus.--The national police,
under the Ministry of Interior, and the gendarmerie, under the Ministry
of Defense, were responsible for domestic law enforcement and public
security; the gendarmerie was also responsible for manning checkpoints.
Elements of the armed forces and the Republican Guard, an elite unit
that protects the president, sometimes performed internal security
functions. The police were inefficient and corruption was a serious
problem. Security forces often sought bribes at checkpoints to
supplement their salaries. The Inspector General's Office was
responsible for investigating police abuse; however, impunity was a
problem.
Arrest and Detention.--The law requires arrest warrants based on
sufficient evidence and issued by a duly authorized official; however,
security forces frequently disregarded this provision. The law allows
up to 72 hours for initial detention, during which police must charge a
detainee before a judge, but police often failed to respect this
timetable. Charges often were not filed expeditiously, and persons were
detained arbitrarily, sometimes for long periods. Conditional release
was possible after charges had been announced if further investigation
was required. Detainees were allowed prompt access to family members
and a lawyer and, if indigent, to one provided by the state. Detainees
were usually promptly informed of charges against them.
Members of the security forces continued to detain individuals at
roadblocks under the guise of checking vehicle registration and
identity papers. Security forces frequently used such operations to
extort money.
Pretrial detention, limited to six months for a misdemeanor and one
year for a felony charge, may be extended for six months by the
examining magistrate. Pretrial detainees have the right of free access
to their attorneys, and this right was generally respected. Detainees
also have the right to an expeditious trial, but overburdened dockets
resulted in prolonged pretrial detention. In 2006 approximately 40
percent of persons in custody were pretrial detainees, and authorities
had not taken steps to correct this issue.
A 2006 census of Libreville's prison population, conducted by the
country's justice ministry, revealed that 277 of 1,100 prisoners in
pretrial detention had been held more than two years. Also in 2006
journalists uncovered 16 cases of prisoners held more than five years
without trial, including one who had been in prison for 11 years
because the magistrate lost his file. Following public disclosure of
the situation, the lower court in Libreville reviewed the cases of
long-stay detainees and released 40 prisoners. Most of them had been
held for as long as their potential terms would have been if they had
been tried and convicted.
e. Denial of Fair Public Trial.--Although the law provides for an
independent judiciary, the judiciary was inefficient and remained
susceptible to government influence. The president appoints and can
dismiss judges through the Ministry of Justice, to which the judiciary
is responsible. Corruption was a problem.
The judicial system includes regular courts, a military tribunal,
and a civilian High Court of Justice. The regular court system includes
trial courts, appellate courts, and the Supreme Court. The
Constitutional Court is a separate body charged with examining
constitutional questions, including the certification of elections. The
High Court of Justice is constituted by the Government as required to
consider matters of security.
Trial Procedures.--The constitution provides the right to a public
trial and to legal counsel, and the Government generally respected
these rights. Nevertheless, a judge may deliver an immediate verdict of
guilty at the initial hearing in a state security trial if the
Government presents sufficient evidence. Defendants are presumed
innocent and have the right to be present, have access to a lawyer (if
indigent, to one provided by the state), to confront witnesses against
them, to present witnesses or evidence on their behalf, and to appeal;
the Government generally respected these rights.
A criminal tribunal is composed of one judge, two deputy judges,
and two jurors. Defendants have access to government-held evidence
against them through their lawyer. These rights extend to all citizens.
Minor disputes may be taken to a local chief, particularly in rural
areas, but the Government did not always recognize such decisions.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There was an independent
civil judiciary, but it was susceptible to government influence and
corruption. Corruption was also a problem in the enforcement of
domestic court orders. Administrative remedies were not generally
available.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions;
however, the Government did not respect these prohibitions in practice.
As part of criminal investigations, police may request search warrants
from judges, which they obtained easily, sometimes after the fact.
Security forces conducted warrantless searches for illegal
immigrants and criminals, using street stops and identity checks.
Authorities reportedly routinely monitored private telephone
conversations, personal mail, and the movement of citizens.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government
generally did not respect these rights in practice. Many citizens
hesitated to criticize the Government for fear of losing their jobs.
However, the few opposition legislators in the National Assembly openly
criticized the Government. Local journalists generally practiced self-
censorship. Virtually no citizen, journalist, or politician directly
criticized President Bongo.
In January the minister of interior temporarily suspended four NGO
coalitions comprising 20 local NGOs for allegedly engaging in political
activities, a violation of their legal mandate. The sanction was
ordered after the NGOs released a public statement condemning the lack
of good governance in the country. President Bongo reportedly
reinstated the NGOs following domestic and international pressure.
In November police assaulted a reporter of Gabonpage, an Internet-
based daily news Web site, while he was taking pictures of a sidewalk
cleanup operation.
In December members of the Republican Guard beat up a reporter of
the weekly newspaper Le Nganga after he published an article
implicating the president's daughter and chief of staff, Pascaline
Bongo, in an embezzlement scandal.
The only daily newspaper was the Government affiliated L'Union.
Approximately nine privately owned weekly or monthly newspapers
represented independent views and those of various political parties,
but most appeared irregularly due to financial constraints, or in some
cases, government suspension of their publication licenses. All
newspapers, including L'Union, criticized the Government and political
leaders of all parties, but not the president. There is a fine line
between what the Government considers acceptable and unacceptable
criticism. Most journalists understand this limitation and publish
accordingly but occasionally cross the line as in the case of the
monthly newspaper Tendance. The National Communication Council (CNC)
ordered a three-month suspension for Tendance in March after it
reprinted an article featured in the French newspaper Le Monde,
detailing many of the houses owned by President Bongo and his immediate
family members in France.
Foreign newspapers and magazines were widely available.
The Government owned and operated two radio stations that broadcast
throughout the country. Much of their news coverage concerned the
activities of government officials, although editorials sometimes
criticized specific government policies or ministers. Seven privately
owned radio stations were operating at year's end; most were
apolitical. International radio stations broadcast locally.
The Government owned and operated two television stations. Four
privately owned television stations transmitted 24 hours a day.
Satellite television reception was available.
Although the reasons for the 2007 ban remain in effect, L'Espoir
resumed publication in June. The Gri-Gri International ban remained in
effect at year's end.
The law stipulates that penalties for libel and other offenses
include a one- to three-month publishing suspension for a first offense
and a three- to six-month suspension for repeat offenses. Editors and
authors of libelous articles can be jailed for two to six months and
fined 500,000 to five million CFA francs ($1,000 to $11,000).
Libel can be either a criminal offense or a civil matter. The law
authorizes the Government to initiate criminal libel prosecution
against persons for libeling elected government officials; it also
authorizes the state to criminalize civil libel suits.
In March the CNC suspended the newspaper Croissance Saine
Environnement for allegedly making false allegations against the
manager of the local office of the Government body in charge of social
security and pensions, la Caisse Nationale de la Securite Sociale. The
CNC said that the suspension would be lifted if the newspaper could
prove its claims. The publication resumed printing in August although
it is not clear if the newspaper was able to prove its claims.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Approximately seven percent of the population used the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and the law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Ministry of Interior maintained an official registry of
religious groups and refused to register approximately 10 small
indigenous groups. Nevertheless, in practice the Government allows
members of these groups to assemble, practice their religion, and to
proselytize.
In recent years, some Protestant denominations have alleged that
the Government television station accorded free broadcast time to the
Catholic Church but not to minority religious groups. Others alleged
that the armed forces favored Roman Catholics and Muslims in hiring and
promotion.
Societal Abuses and Discrimination.--There was no significant
Jewish community in the country, and there were no reports of anti-
Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Although the constitution and law
provide for freedom of movement within the country, foreign travel,
emigration, and repatriation, the Government frequently restricted
these rights in practice. The Government granted refugee status or
asylum and cooperated with the UN High Commissioner for Refugees
(UNHCR) and other humanitarian organizations in assisting refugees and
asylum seekers.
There were no legally mandated restrictions on internal movement,
but police and gendarmes continued to stop travelers frequently to
check identity, residence, or registration documents, or to demand
bribes. Members of the security forces harassed expatriate Africans
working legally as merchants, service sector employees, and manual
laborers. Some members of the security forces extorted bribes with
threats of confiscation of residency documents or imprisonment.
Residency permits cost 100,000 CFA francs ($215) per year, and first
time applicants were required to provide the cost of a one way air
ticket to their country of origin. In principle, but usually not in
practice, the Government refunded the cost of the air ticket when the
individual departed the country permanently.
There were reports that, without explanation, authorities denied
passport applications for travel abroad. There also were reports of
unreasonable delays in obtaining passports, despite a government
commitment to process passport applications within three days. The
Government intermittently enforced a regulation requiring married women
to obtain their husbands' permission to travel abroad.
In June, September, and November, airport authorities prevented
Marc Ona, coordinator of the NGO ``Publish What You Pay,'' from
traveling out of the country (See Section 1.d.). Ona was told that
airport officials were acting under instructions from the Ministry of
Interior, but that the ministry would not state a legal basis for its
actions. On a previous trip to France, Ona, a staunch critic of the
Bongo administration, symbolically seized one of Bongo's residences on
behalf of the Gabonese people, announcing to the press that the
property was purchased with funds obtained from corruption.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. However, refugees complained about
widespread harassment, extortion, and detentions by security forces.
To reduce mistreatment of refugees, the Government started
replacing UNHCR-issued identity cards with those issued by the
Government. By year's end almost 37 percent of refugees in the country
who qualified had been issued new cards. This, in conjunction with a
UNHCR-led information campaign, helped reduce discrimination against
refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens partially exercised this right in
practice through periodic and generally fair elections.
Elections and Political Participation.--In April local elections
were held to fill 1,190 municipal and departmental seats throughout the
country. The ruling PDG won overwhelmingly, taking 96 percent of the
seats. The independent electoral commission reported that only 25-30
percent of voters participated in the election, and independent
observers estimated that the actual abstention rate was likely even
higher. Polls did not open or close on time at several polling places,
and elections in a handful of constituencies had to be rescheduled
because of logistical and other problems. About 70 candidates brought
electoral challenges before the Constitutional Court following the
elections, and the court reviewed and ruled on all of the contested
seats by year's end.
In 2006 elections were held to fill the 120 seats in the National
Assembly. President Bongo's party, the PDG, and other parties in the
ruling coalition won the majority of seats. Results of several seats
were contested and nullified by the Constitutional Court; however, in
the runoff elections, the PDG still held a majority with 83 seats.
Other parties allied with the PDG won 19 seats. Opposition parties won
10 seats, while the remaining seats went to independents or unaligned
parties.
In 2005 President Bongo was reelected for another seven year term
in an election marred by irregularities including incomplete and
inaccurate electoral lists, abuse of government resources, and unequal
access to the media. There were also charges of vote buying, multiple
voting, and ballot stuffing.
The Government was dominated by a strong presidency. When the
legislature is not in session the president can veto legislation,
dissolve the national legislature, call new elections, and issue
decrees that have the force of law. The legislature generally approved
legislation presented to it by the president. The president appoints
ministers of government and heads of parastatals.
A single party, the PDG, has remained in power since its creation
by President Bongo in 1968.
Political parties could operate without restriction or outside
interference.
There were 18 women in the 120-member National Assembly and 13
women in the 49-member cabinet.
Members of all major ethnic groups continued to occupy prominent
government positions; however, members of the president's Bateke ethnic
group and other southerners held a disproportionately large number of
key positions in the security forces. The minister of defense and the
chief of the Republican Guard were from the same region or ethnic group
as the president.
Indigenous Pygmies rarely participated in the political process,
and the Government made only limited efforts to include them.
Government Corruption and Transparency.--Official corruption was
widespread, and there was extensive media coverage of police abuses,
particularly at checkpoints. Although the Commission against Illegal
Enrichment carried out an investigation, they took no other action
against corrupt officials during the year.
The Anticorruption Commission required civil servants to disclose
their financial assets before assuming office; however, this
requirement was not always followed in practice.
The World Bank Worldwide Governance Indicators reflected that
corruption was a severe problem.
The law does not provide for public access to government
information, and the Government did not allow such access in practice.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Some local human rights NGOs and activists operated without
government restriction, investigating and publishing their findings.
Government officials took no known actions on their recommendations.
There were no reports of the Government restricting the work of
international human rights and humanitarian NGOs, and it worked closely
and effectively with representatives from the UN, including the UN
Children's Fund (UNICEF) and UNHCR.
There was no human rights ombudsman or commission.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
Although the constitution and law prohibit discrimination based on
national origin, race, gender, disability, language, or social status,
the Government did not enforce these provisions uniformly.
Women.--Rape is against the law and carries a penalty of between
five and 10 years' imprisonment; however, rape cases were seldom
prosecuted and were sometimes perpetrated by law enforcement officials
on female noncitizens and prostitutes. The problem was widespread. Only
limited medical and legal assistance for rape victims was available.
The law prohibits domestic violence; however, it was believed to be
common, especially in rural areas. Penalties for domestic violence
range from two months to 15 years in prison. Police rarely intervened
in such incidents, and women virtually never filed complaints with
civil authorities.
Although illegal, female genital mutilation (FGM) was believed to
occur among the resident population of noncitizen Africans; however,
there were no specific reports of such practices during the year.
Although the law prohibits prostitution, it was a problem. There
were reports of police officers beating, robbing, and raping
prostitutes.
There is no law that prohibits sexual harassment, and it was a
problem. The Government and NGOs reported cases of female domestic
workers (often victims of child trafficking) who were sexually molested
by employers.
The law provides that women have rights to equal access in
education, business, investment, employment, credit, and pay for
similar work; however, women continued to face considerable societal
and legal discrimination, especially in rural areas. While poor women
frequently suffered discrimination, women among the educated urban
population were treated more equally. Women owned businesses and
property, participated in politics, and worked throughout the
Government and in the private sector.
By law, couples must stipulate at the time of marriage whether they
intend to adhere to a monogamous or a polygamous relationship;
polygamous marriages were more common. For monogamous married couples,
a common property law provides for the equal distribution of assets
after divorce. In a polygamous marriage, a husband is obligated to give
all wives the same level of financial support, although he may marry
additional wives without permission from his existing wives. Wives who
leave polygamous husbands receive a one time payment.
In inheritance cases, the husband's family must issue a written
authorization before his widow can inherit property. Common law
marriage, which was accepted socially and practiced widely, afforded
women no property rights.
Regulation requires that a woman obtain her husband's permission to
travel abroad; however, this requirement was not enforced consistently.
Children.--In general, the Government showed a commitment to
children's rights and welfare. It publicly expressed its commitment to
youth, provided 13,000 academic scholarships during the year, and used
oil revenues to build schools, pay teacher salaries, and promote
education, including in rural areas. However, there were numerous
reports of shortages of classrooms and teachers in public schools.
Education is compulsory until age 16 and was generally available
through sixth grade.
There was some evidence of physical abuse of children. There were
occasional reports that family members sexually abused girls who had
passed puberty. When such reports surfaced, the accused abusers were
arrested and tried.
FGM was believed to occur among the resident population of
noncitizen Africans.
Child marriage was a problem and there was no government effort to
combat the practice.
Concerns about the problems faced by the large community of
children of noncitizen Africans persisted. Some were victims of child
trafficking and abuses.
Trafficking in Persons.--The law prohibits trafficking in persons;
however, there were reports that persons, particularly women and
children, were trafficked to the country.
The police and an interministerial committee composed of
representatives from the labor, justice, foreign affairs, and family
ministries, were responsible for combating trafficking. The Government
also cooperated with UNICEF, the International Labor Organization, and
diplomatic missions in the country.
Children (especially girls), primarily from Benin and Togo, worked
as domestic servants or in the informal commercial sector. Boys were
trafficked for street hawking and forced labor in small workshops.
Nigerian children, also victims of trafficking, worked in the informal
commercial sector as mechanics. Trafficked children generally worked
long hours, were subjected to physical abuse, received inadequate food,
and received no wages or schooling. No accurate statistics were
available on the number of trafficking victims in the country.
There continued to be unconfirmed reports that some government
officials employed trafficked foreign children as domestic workers, and
that individual police and immigration officers were involved in
facilitating child trafficking.
The law provides for prison sentences for traffickers of five to 15
years' imprisonment and fines from 10 million to 20 million CFA francs
($22,000 to $43,000). However, the Government's antitrafficking law
enforcement efforts were mixed. There were several arrests for
trafficking offenses, and in some cases prolonged detention of
suspects. However, prosecution was infrequent and the Government did
not report any trafficking convictions during the year. Authorities did
require some suspected traffickers to pay the cost of repatriating
trafficked victims to their countries of origin; however, the
consequent absence of victims made successful prosecution of
traffickers more difficult.
There were reports that frustration over lack of prosecutorial
action led police to conduct fewer raids this year.
Government agencies, in cooperation with UNICEF, provided care for
victims, in some cases through NGOs.
UNICEF and the Government sponsored a toll-free assistance hotline
for child trafficking victims that provided 24-hour response assistance
and arranged free transport to a victims' shelter. A government-funded
reception center offered protection for trafficking victims, including
food, education, medical care, and repatriation assistance. A second
center, run by Carmelite nuns, provided similar services for older
girls and young women.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--There are no laws that prohibit
discrimination against persons with disabilities or provide for access
to buildings or services; however, there were no reports of official
discrimination against persons with disabilities. There was some
societal discrimination against persons with disabilities, and
employment opportunities and treatment facilities were limited.
Indigenous People.--Pygmies were the earliest known inhabitants of
the country. Small numbers of Pygmies continue to live in large tracts
of rain forest in the northeast. Most Pygmies, however, were relocated
to communities along the major roads during the late colonial and early
post-independence period, together with other residents of remote
communities. The law grants them the same civil rights as other
citizens, but Pygmies remained largely outside of formal authority,
keeping their own traditions, independent communities, and local
decision making structures. Pygmies suffered societal discrimination,
often lived in extreme poverty, and did not have easy access to public
services. Their Bantu neighbors often exploited their labor by paying
them much less than the minimum wage. Despite their equal status under
the law, Pygmies generally felt they had little recourse if mistreated
by Bantu. There were no specific government programs or policies to
assist Pygmies.
Other Societal Abuses and Discrimination.--There was considerable
discrimination against persons with HIV/AIDS. One local NGO worked
closely with the minister of health to combat both the associated
stigma and the spread of the disease.
The same organization also worked to combat the stigma associated
with homosexuality, but did not receive any assistance from the
Government for these activities.
Section 6. Worker Rights
a. The Right of Association.--The law places no restrictions on the
right of association and recognizes the right of citizens to form and
join trade and labor unions; workers exercised these rights in
practice. The small private sector industrial workforce was generally
unionized. Unions must register with the Government to be recognized
officially, and registration was granted routinely.
The law provides workers the right to strike; however, they may do
so only after eight days' advance notification and also only after
arbitration fails. Public sector employees' right to strike is limited
if a strike could jeopardize public safety. The law prohibits
government action against individual strikers who abide by the
notification and arbitration provisions.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without government interference, and
the Government protected this right. The law provides for collective
bargaining by industry, not by firm, and collectively bargained
agreements set wages for whole industries. Labor and management met to
negotiate differences, with observers from the Ministry of Labor.
Agreements negotiated by unions also applied to nonunion workers.
Discrimination on the basis of union membership is illegal.
Employers who are found guilty by civil courts of having engaged in
such discrimination may be required to compensate employees. Trade
unions in both the public and private sectors were often discriminated
against. Their demands and/or requests for negotiations were sometimes
ignored or denied.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
unconfirmed reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Although children below the age of 16 may not work without the express
consent of the ministries of labor, education, and public health, child
labor was a serious problem. The law stipulates fines and prison
sentences for violations of the minimum age for work. The ministries
rigorously enforced this law in urban areas with respect to citizen
children, and few citizens under the age of 18 worked in the formal
wage sector; however, child labor occurred in rural areas, where the
law was seldom enforced.
An unknown number of children, primarily foreign, worked in
marketplaces or performed domestic duties; many of these children were
reportedly the victims of child trafficking. Such children generally
did not attend school, received only limited medical attention, and
often were exploited by employers or foster families. Laws forbidding
child labor extended protection to these children, but abuses often
were not reported.
The constitution and labor code protect children against
exploitation. The Ministry of Justice is responsible for implementing
and enforcing child labor laws and regulations. Inspectors from the
Ministry of Labor are responsible for receiving, investigating, and
addressing child labor complaints. However, violations were not
systematically addressed because the inspection force was inadequate,
and complaints were not investigated routinely. The Government viewed
child labor and child trafficking as closely linked; the only available
survey of children in the informal urban labor force found that 97
percent were noncitizens.
e. Acceptable Conditions of Work.--In 2006 the president announced
an increase in the monthly minimum wage from 44,000 to 80,000 CFA
francs ($94 to $172); government workers received an additional monthly
allowance of 20,000 CFA francs ($43) per child. Government workers also
received transportation, housing, and family benefits. The law does not
mandate housing or family benefits for private sector workers. The
minimum wage did not provide a decent standard of living for a worker
and family. The Ministry of Labor was responsible for enforcing the
minimum wage standards and, in general, it did so effectively.
The labor code governs working conditions and benefits for all
formal sectors and provides a broad range of protection to workers;
however, the Government sometimes did not respect these protections.
According to the law, representatives of labor, management, and the
Government are required to meet annually to examine economic and labor
conditions and to recommend a minimum wage rate to the president, who
then issues an annual decree. This procedure has not been followed
since 1994, in part because the Government was following a policy of
wage austerity recommended by international financial institutions.
The labor code stipulates a 40 hour workweek with a minimum rest
period of 48 consecutive hours. Employers must compensate workers for
overtime work.
According to the labor code and related decrees, the daily limit
can be extended to perform specified preparatory or complementary work,
including work necessary to start machines in a factory and by
supervisors whose presence at the workplace is indispensable. The
additional hours range from 30 minutes to two hours, depending on the
type of work.
The daily limit does not apply to establishments in which work is
performed on a continuous basis and those providing services that
cannot be subject to a daily limit, including in retail, transport,
dock work, hotels and catering, housekeeping, guarding, security,
medical establishments, domestic work, and the press.
The daily limit can be extended for urgent work to prevent or
repair accidents. The additional hours are without limit on the first
day and two hours on following days. The general limit for overtime is
20 hours per week.
Overtime compensation varies as it is determined by collective
agreements or government regulations.
Companies in the formal sector generally paid competitive wages and
granted the fringe benefits required by law, including maternity leave
and six weeks of annual paid vacation.
The Ministry of Health established occupational health and safety
standards but did not enforce or regulate them. The application of
labor standards varied from company to company and between industries.
In the formal sector, workers may remove themselves from dangerous work
situations without fear of retribution.
The Government reportedly did not enforce labor code provisions in
sectors where the majority of the labor force was foreign. Foreign
workers, both documented and undocumented, were obliged to work under
substandard conditions; were dismissed without notice or recourse; or
were mistreated physically, especially in the case of illegal
immigrants. Employers frequently paid noncitizens less and required
them to work longer hours, often hiring them on a short term, casual
basis to avoid paying taxes, social security contributions, and other
benefits.
__________
GAMBIA, THE
The Gambia is a multiparty, democratic republic with a population
of 1.5 million. In 2006 President Alhaji Yahya Jammeh was reelected for
a third five-year term in an election considered partially free and
fair. President Jammeh's party, the Alliance for Patriotic
Reorientation and Construction (APRC), continued to dominate after the
National Assembly elections held in January 2007, which were also
considered partially free and fair. In the local government elections
held in January, the ruling APRC won the two contested mayoral seats as
well as an overwhelming majority of the local council seats. The
elections were considered free and fair but observers expressed concern
over the low voter turnout. In 2006 a coup attempt was uncovered, and
approximately 50 suspects were detained, one of whom remained in
detention undergoing trial on charges of treason at year's end. While
civilian authorities generally maintained effective control of the
security forces, there were some instances in which elements of the
security forces acted independently.
The Government's respect for the human rights of its citizens did
not improve during the year. Amnesty International (AI) reported in
November that ``fear rules'' in The Gambia and the human rights
situation has worsened since a foiled coup attempt against President
Jammeh in 2006. Although the constitution and law provide for
protection of most human rights, there were problems in many areas.
Prison conditions remained poor, resulting in deaths. Arbitrary arrests
and detentions, often without warrants, continued. Security forces
harassed and mistreated detainees, prisoners, opposition members, and
journalists with impunity. Prisoners were held incommunicado, faced
prolonged pretrial detention, held without charge, denied access to
families and lawyers, and were tortured and denied due process. The
Government restricted freedom of speech and press through intimidation,
detention, and restrictive legislation. Women experienced violence and
discrimination, and female genital mutilation (FGM) remained a problem.
Child labor and trafficking in persons also were problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
On November 25, Dodou Janneh, a police volunteer attached to the
National Drug Enforcement Agency, was convicted of the May 2007 killing
of Sheriff Minteh during a police raid in Serrekunda.
There were no developments in the case of five detainees accused of
involvement in the 2006 coup plot and who the Government claimed had
escaped during a prison transfer.
On August 15, the United Nations announced that a joint fact-
finding team from the UN and the Economic Community of West African
States (ECOWAS) would look into the deaths of a number of Ghanaian
nationals, some of whom were found buried in The Gambia in 2005. Media
reported that more than 50 Ghanaians and other West African nationals
were killed. The team was established at the request of both
governments and includes representatives appointed by The Gambia and
Ghana.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year.
The Government denied holding journalist ``Chief'' Ebrima Manneh
who disappeared in 2006. However, on June 5, the ECOWAS Community Court
of Justice ordered the Gambian authorities to release Manneh, who was
reportedly arrested by state security agents. The court declared his
continued detention illegal and ordered the Government to pay
compensation of $100,000 (dalasi 2,700,000) to Manneh's family (the
fine was specified in dollars). The ruling followed a lawsuit filed in
June 2007 by the Media Foundation for West Africa (MFWA) based in
Ghana. The Government did not send representatives to the trial despite
numerous subpoenas. In July 2007 Manneh was reportedly sighted seeking
medical treatment under police supervision at a hospital in Banjul, but
his whereabouts remained unknown at year's end.
On March 19, Foroyaa newspaper reported that United Democratic
Party (UDP) supporter Kanyiba Kanyi, who was arrested at his home in
Bonto village in 2006 by men believed to be state security agents, was
reportedly sighted at the Royal Victoria Hospital on March 14 under the
escort of wardens from Mile 2 Central Prison. A family member told
Foroyaa that one of their relatives saw Kanyi at the out-patients unit,
where he went for a medical check up. Kanyi appeared weak and was being
assisted by his guards.
On May 21, Kanyi's lawyer filed a fresh application to force the
state to comply with the October and December 2006 high court rulings
to free Kanyi. This application was supported by an affidavit from a
former political detainee, elected local councilor Ousman Rambo Jatta,
who stated he was held with Kanyi in one of his places of detention.
The judge expressed disappointment that the previous high court ruling
had been flouted and stated that it was clear Kanyi was in the hands of
state security. The prosecutor stated that his office had written to
the security agencies asking them to comply with the court order but
had not received a response. The lawyer maintained that Kanyi is being
held by the National Intelligence Agency (NIA).
The whereabouts of former chief of defense Colonel Ndure Cham, the
alleged mastermind of the 2006 coup plot, remained unknown at year's
end.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that security forces beat, tortured, and mistreated
persons in custody.
During the trial that concluded in April of nine separatist rebels
from the Senegalese province of Casamance, four of the accused told the
court that they were severely tortured during detention and stated
their statements presented as evidence were obtained under duress.
Similar claims of torture were made by detainees held in connection
with the 2006 coup plot. The Government did not respond to these
allegations.
On March 1, Amadou Sanyang of Latrikunda Picadilly alleged that he
was stabbed by an officer of the Police Intervention Unit (PIU).
Sanyang told a local newspaper that the incident happened when four PIU
officers arrested several young men after accusing them of smoking
cannabis. He identified two of his assailants as Abubacarr Sidi Mass
and Lamin Ceesay. The officer-in-charge of the police human rights unit
confirmed the report and stated the matter had been brought to the
attention of the relevant authorities. There were no further
developments at year's end.
On June 24, five residents of Lamin Daranka, who were evicted from
their homes and arrested, stated they were severely beaten with batons
and tortured by officers of the PIU. Musa Manneh, Lamin Sarjo, Abdoulie
Jatta, Numo Sarjo, and Ebrima Jatta showed a local journalist bruises
and other injuries which they alleged were inflicted by the PIU
officers during their arrest and transfer to Yundum Police Station.
They were held for four days before being granted bail.
On September 29, Abdoulie Faye, who was convicted of stealing a
ram, told a magistrate court that seven agents of the Criminal
Investigation Division of The Gambia Police Force tortured him during
his detention at the Banjul Police Station. Faye stated he was arrested
on September 11, detained for 18 days, and repeatedly denied bail
despite several attempts to obtain it by his relatives.
The Indemnity Act continued to prevent victims from seeking redress
in torture cases related to official actions taken by military
personnel during military rule from 1994-96. The army requires victims
to file formal complaints with the courts regarding alleged torture
that occurred outside the official military rule period. However, there
were no known prosecutions in civil or military courts of security
force members accused of mistreating individuals during the year. At
the closing ceremony of a civil-military relations seminar in August
2007, the chief of defense staff publicly announced a zero-tolerance
policy for military abuse of civilians, and some reports indicated such
abuse may have declined.
In November 2007 the MFWA filed a lawsuit against the Government at
the ECOWAS court over the 2006 illegal detention and torture of
journalist Musa Saidykhan, editor in chief of The Independent
newspaper. Saidykhan claimed electric shocks were administered to his
naked body during his 22-day detention before he was released without
being charged. No government representative appeared at the ECOWAS
hearing and the Government did not respond to the torture allegations
by year's end.
Prison and Detention Center Conditions.--Prison conditions
generally did not meet international standards, although detention
center conditions generally did. The Government permitted some visits
by independent human rights observers, but they were not allowed to
visit detainees and prisoners connected to matters considered
politically sensitive.
Local jails were overcrowded, and inmates, including detainees
awaiting trial, occasionally slept on the floor. Inmates complained of
mistreatment by guards, poor sanitation, and inadequate nutrition, and
often relied upon outside sources of food, which was allowed prior to
conviction. Prison guards were reluctant to intervene in fights between
prisoners, which resulted in injuries.
Although prison officials made attempts to improve prisoners'
nutrition and well-being during the year, there were unconfirmed
reports of deaths of prisoners at the Mile 2 Prison due to poor diet,
health, and living conditions. AI reported it was aware of at least 19
persons who have died while in Mile 2 Prison since 2005. Prison
officials maintained that prisoners had access to round-the-clock
medical care.
There were reports that women occasionally were held with men.
During her trial in 2007, convicted murderer Tabara Samba stated in
court that she was held in the same cell with male prisoners.
Pretrial detainees were held together with convicted prisoners.
The Government permitted restricted independent monitoring of
prison conditions by some local and international human rights groups;
however, neither the media nor the International Committee of the Red
Cross was granted access to detainees or prisoners during the year.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, there were numerous
instances of police and security forces arbitrarily arresting and
detaining citizens.
Role of the Police and Security Apparatus.--The armed forces are
responsible for external defense and report to the Secretary of State
(minister) for defense, a position held by the president. The police,
under the Secretary of State for the interior, are responsible for
public security. The NIA is responsible for protecting state security,
collecting intelligence, and conducting covert investigations, and
reports directly to the president. The NIA is not authorized to
investigate police abuses, but during the year the NIA often assumed
police functions such as detaining and questioning criminal suspects.
Security forces frequently were corrupt and ineffective. On occasion
security forces acted with impunity and defied court orders.
The police's human rights and complaints unit receives and
addresses complaints of human rights abuses committed by police
officers from both civilians and other police officers. During the year
the unit received several complaints, and some police officers faced
disciplinary actions as a result.
There were no developments in the case of two women who claimed to
have been raped in April 2007 by three men they alleged were police
officers.
Arrest and Detention.--The law requires that authorities obtain a
warrant before arresting a person; however, in practice individuals
often were arrested without a warrant. Periods of detention generally
ranged from a few hours to 72 hours, the legal limit after which
detainees must be charged or released; however, there were numerous
instances of detentions surpassing the limit.
On April 28, a prominent businessman, Alhaji Banta Kaira, and a
business consultant, Dodou Jobe, were arrested by state security agents
and held at Mile 2 Central Prison. There was no official information
about the reasons for their detention. Kaira was released on bail on
May 26 and Jobe was released on June 28.
In May the Financial Director of the NIA, Bakary Gassama, was
arrested and held for several months before being charged and brought
to court on September 26 on one count of abuse of office. On December
3, the court discharged him but he was immediately rearrested and was
in detention at year's end.
On December 12, a local newspaper reported that two brothers, Lamin
Marong and Ebrima Marong, had been in detention for three months
without charge and remained in detention at year's end.
On December 16, a Nigerian pastor, Gideon A. Adeoye was arrested
for allegedly ``spreading false information'' about the country's
military. At year's end he was still in detention.
There was a functioning bail system; however, on occasion, the
courts released accused offenders on bail, while the police or other
law enforcement agencies rearrested offenders upon their leaving the
court. Detainees generally were not promptly informed of charges
against them, nor were they allowed prompt access to a lawyer or family
members. However, convicted prisoners were generally permitted to meet
privately with their attorneys. Persons accused of murder or
manslaughter, and who are indigent, are provided a lawyer at public
expense.
Military decrees enacted prior to the adoption of the constitution
give the NIA and the Secretary of State for the interior broad powers
to detain individuals indefinitely without charge ``in the interest of
national security.'' These detention decrees are inconsistent with the
constitution, but they have not been subject to judicial challenge. The
Government claimed that it no longer enforced the decrees; however,
there were several cases during the year of detentions that exceeded
the 72-hour limit. There were also reports that some government
employed detainees held at length without conviction were not paid
their salaries, although the law provides that civil servants,
including military officers, in detention or on trial for criminal
offenses be paid half of their salary. The second half is paid to them
in the case of acquittal.
There were no reports of arbitrary arrests of political opponents
during the year. However, the whereabouts of some political detainees,
including a journalist and an opposition supporter detained in 2006,
remained unknown at year's end.
During the year some detainees were held incommunicado for extended
periods.
One suspect in connection with the 2006 coup attempt remained in
detention at year's end. Hamadi Sowe was charged with concealment of
treason and his trial, which began in December 2007, was ongoing at
year's end. On April 16, security force member Yaya Bajinka, who was
arrested in connection with the 2006 coup plot, was released
unconditionally.
On May 14, Foroyaa newspaper reported that former National
Intelligence Agency operative Kebba Secka had been detained for a year
at Mile 2 Prison. He had not been charged or brought to court by year's
end.
Backlogs and inefficiency in the justice system resulted in lengthy
pretrial detentions. Approximately 30 inmates in the prison system were
in pretrial detention, and some had been incarcerated for several years
while awaiting trial. Several long-term detainees were released without
charge or pardoned during the year.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the courts demonstrated independence
on several occasions. However, in practice the courts, particularly at
the lower levels, were corrupt and at times subject to executive
pressure. AI noted that the presidential power to remove a judge in
consultation with the Judicial Service Commission (JSC) impedes
judicial independence. In practice, during the year the president
removed three High Court judges without consulting the JSC.
Judges presiding over ``sensitive'' cases and who made decisions
not considered favorable to the Government risked being fired. On July
10, newly appointed High Court Judge B.Y Camara was dismissed, but
later reinstated, without explanation, but unconfirmed reports stated
his firing was linked to his handling of the trial of foreign fugitive
Christopher Badjie. Also on July 10, Justice Haddy Roche, who in
previous years made decisions not favorable to the Government, was
dismissed from her job without explanation. She was later reinstated as
the presiding judge at the Commercial Division of the High Court. On
September 11, Justice Naa-Ceesay Sallah-Wadda of the High Court in
Banjul, was dismissed without explanation. Her firing was reportedly
related to her decision to grant bail to British mining engineer
Charles Northfield, who was arrested on February 12 when the mining
license of his employer, Carnegie Minerals, was withdrawn. In late
August Northfield jumped bail and fled to the United Kingdom. Justice
Sallah-Wadda was also reinstated in her job.
There were instances of the Government and security forces
disregarding court orders when suspects were rearrested so that the
prosecution could have more time to prepare its case.
On February 14, two suspects in a government vehicle theft case,
former presidential bodyguard Bakary Camara and the managing director
of Boto Construction Company, Modou Lamin Sonko, were granted bail by
the Banjul Magistrate's Court, but rearrested and detained for more
than 72 hours. Sonko was later released but Camara was retried and
sentenced to one year in prison.
On June 10, former Police Superintendent Manlafi Sanyang, who was
standing trial on charges of theft of a government vehicle, was
acquitted by a court in Banjul but was immediately rearrested by the
police who pressed fresh charges against him. Sanyang, who served seven
months in detention during the trial, was convicted on August 14 and
sentenced to 13 months in prison. He died in prison six days later.
On August 6, police rearrested Kenyan-born Dida Halake, the former
managing director of the Daily Observer, who was standing trial for
providing false information, after the Kanifing Magistrates Court
dismissed the case against him for lack of evidence. Halake, who has
British nationality, was detained briefly at Serrekunda Police Station
but was later released unconditionally and has returned to the UK.
The judicial system is composed of the Supreme Court, the Court of
Appeal, high courts, and eight magistrate courts. Cadi courts have
jurisdiction over Islamic matters of marriage, divorce, land disputes,
and inheritance where Muslim parties are involved. District chiefs
preside over local tribunals that administer customary law at the
district level. Cadi courts and district tribunals do not offer
standard legal representation to the parties involved, since lawyers
are not trained in Islamic or customary law. Military tribunals cannot
try civilians.
In June 2007 a judicial complaints board was established in the
Office of the Chief Justice. The board is chaired by the chief justice
and includes the attorney general and Secretary of State for justice,
the Secretary of State for the interior, the inspector general of
police, the director general of the NIA, the master of the high court,
and the judicial secretary. The board reportedly was fully operational
and heard several complaints during the year.
Trial Procedures.--The constitution and law provide for a fair and
public trial, and the judiciary generally enforced this right, although
frequent delays and missing or unavailable witnesses, judges, and
lawyers often impeded the process. Many cases were also delayed because
of adjournments designed to allow the police or NIA time to continue
their investigations. Both civilian trials and courts martial are held
in public, but occasionally closed-court sessions were held to protect
the identity of a witness. No juries are used in the civilian courts,
but courts martial proceedings are presided over by a judge advocate
assisted by a panel of senior military officers.
Indigent defendants charged with murder or manslaughter have a
right to an attorney provided at public expense. The prosecution
prepares a case file, including testimonies and evidence, and provides
a copy for the defense. Defendants are presumed innocent, have the
right to confront witnesses and evidence against them, present
witnesses on their own behalf, have the right to an attorney, and
appeal judgment to a higher court. The law extends the above rights to
all citizens, and there were no groups that were denied these rights.
According to AI, detainees were rarely informed of their rights and/or
reason for their arrest or detention.
The judicial system suffered from inefficiency at all levels. Cases
continued to be delayed because the court system was overburdened. To
alleviate the backlog, the Government continued to recruit judges and
magistrates from other Commonwealth countries that have a similar legal
system. The attorney general oversees the hiring of foreign judges on
contract. The Government reserves the right not to renew a judge's
contract.
The judicial system recognizes customary, Shari'a (Islamic law),
and general law. Customary law covers marriage and divorce for non-
Muslims, inheritance, land tenure, tribal and clan leadership, and
other traditional and social relations. Shari'a was observed primarily
in Muslim marriage and divorce matters; it favored men in its
provisions. General law, following the British model, applied to
felonies and misdemeanors in urban areas and to the formal business
sector.
Political Prisoners and Detainees.--During the year there were
credible reports that the Government held civilians based on their
political views or associations and that some were held incommunicado
for prolonged periods. Unlike the previous year, there were no reports
that the Government arrested and detained opposition members who
publicly criticized or who expressed views in disagreement with the
Government.
Civil Judicial Procedures and Remedies.--The High Court has
jurisdiction to hear cases for civil and human rights violations,
although it may decline to exercise its powers if it is satisfied that
adequate means of redress are available under other laws. The Indemnity
Act continued to prevent victims from seeking redress in some cases.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, but
the Government did not always respect these prohibitions in practice.
Decree 45, which provides constitutional safeguards against arbitrary
searches and the seizure of property without due process, remained in
effect, and the Government generally enforced it.
Observers believed the Government monitored citizens engaged in
activities that it deemed objectionable.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government limited
these rights by intimidation, detention, and restrictive legislation.
Although the independent press practiced a degree of self-censorship,
opposition views regularly appeared in the independent press, and there
was frequent criticism of the Government in the private media.
The Government published one newspaper, The Gambia Daily. The
privately owned Daily Observer favored the Government in its coverage.
There were seven other independent newspapers, including one published
by an opposition political party that remained highly critical of the
Government. There was one independent biweekly magazine.
One government-owned and nine private radio stations broadcast
throughout the country. During most of the year the Government-owned
Gambia Radio and Television Services (GRTS) gave limited coverage to
opposition activities. GRTS television rebroadcasts CNN while local
radio stations rebroadcast the BBC, Radio France Internationale, the
Voice of America, and other foreign news reports, and all were
available via shortwave radio. GRTS television, foreign cable, and
satellite television channels broadcasting independent news coverage
were available in many parts of the country, and the Government allowed
unrestricted access to such networks.
The deterioration of the country's media environment continued
during the year. The Government harassed journalists who wrote articles
it considered inaccurate or investigated cases it considered sensitive.
Several journalists reportedly went into hiding out of fear of
government retaliation.
On May 19, a magistrate in Banjul acquitted Mamsait Ceesay, former
press officer at the Office of the President of the charge of false
publication. The charges against fellow journalist Malik Jones were
dropped after he agreed to serve as a prosecution witness in the trial
of Ceesay. He was later reinstated in his job.
On July 17, the proprietor and managing editor of Today, Abdul
Hamid Adiamoh, was arrested following the publication of a story about
school children who skipped classes to salvage scrap metal to sell. On
August 20, he was charged with publication with seditious intent and
was ordered to cease publication. Adiamoh pled guilty to the charge of
failure to renew his business license, and on September 17 was
sentenced to a fine of 10,000 dalasi (approximately $370) or six months
in prison. The fine was paid and the business license renewed which
allowed the newspaper to resume publication. The trial on the charge of
publication with seditious intent was ongoing at year's end.
On August 18, U.S.-based Gambian journalist and political activist
Fatou Jaw Manneh was convicted on charges of sedition and fined 250,000
dalasi (approximately $9,260) or four years in prison. Her family and
friends paid the fine. Manneh was arrested at Banjul airport in March
2007. She was held for six days (beyond the 72-hour legal limit) before
being charged with four sedition-related offenses based on remarks she
made during a 2005 interview with an online newspaper.
Security officials arbitrarily harassed and arrested journalists
during the year. On September 9 and 10, journalist Fabakary Ceesay of
Foroyaa newspaper claimed that he was asked by the inspector general of
police to report to police headquarters or face severe consequences.
Ceesay stated the police chief was displeased with a report published
in Foroyaa on September 8 about the detention of a suspect for one
month without charge.
Following his release in October 2007, journalist Yaya Dampha and
members of his family were granted asylum in Sweden.
On December 30, a British missionary couple, David and Rachel
Fulton, pled guilty and were sentenced to a one-year mandatory jail-
term with hard labor by a magistrate court in Banjul on charges of
seditious publication stemming from e-mails they sent to supporters in
the UK and Canada. They were also fined 250,000 dalasi (approximately
$9,260) each or in default to serve a further 18 months in prison. The
couple was arrested on November 29 for publishing ``negative articles''
and sending ``negative letters'' about the country and its government
to individuals and organizations. They were in prison for the duration
of the trial because they could not meet the bond set at 10 million
dalasi (approximately $370,000).
Journalist Lamin Fatty of The Independent newspaper, who in June
2007 was convicted for publishing ``false news'' and fined 50,000
dalasi (approximately $1,850), went into exile early in the year. He
appealed his conviction and the appeal was pending in the courts at
year's end.
In some cases journalists from certain independent newspapers were
denied access to state-sponsored events and press conferences due to
official disapproval of their editorial stance.
During the three-week campaign period before the January local
government elections, opposition parties were allotted television time
slots, but coverage of opposition rallies was limited. Contrary to the
code of conduct adopted by the media for election coverage, the ruling
APRC party received more coverage than the opposition, including on the
``no campaigning'' day prior to the election.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. The Freedom newspaper Web site again became
accessible. Individuals and groups could generally engage in the
peaceful expression of views via the Internet, including by e-mail.
Although many citizens are illiterate and most did not have computers
or Internet connections at home, Internet cafes were popular in urban
areas.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events. However, on July
28, the Inspector General of Police banned the holding of a local mask
dance called ``zimba'' and a musical event called ``furral'' until
further notice. The order followed the death of a seven-year-old boy
during a stampede at a ``zimba'' performance. The four dancers were
charged with murder but on October 7, the prosecution withdrew the
charges against three of them. The trial of the fourth dancer, Alieu
Faal, was ongoing at year's end. The eight organizers of the ``zimba''
were fined 1,300 dalasi (approximately $48) each after they pled guilty
to holding the event without a police permit.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice. However, in what was widely seen as an attack on the
``Shia'' doctrine of Islam, President Jammeh on July 24 called on the
Supreme Islamic Council, the umbrella organization for all Muslim
groups, to ``put its house in order'' and gave it a week to
``regulate'' what he stated were the apparent Islamic differences in
the country. On July 28, the Supreme Islamic Council issued a press
release calling on media houses to halt any programs or publications
that are seen to propagate the ``Shia'' doctrine.
Societal Abuses and Discrimination.--There were no reports of
societal abuse or discrimination based on religious affiliation,
belief, or practice. Prominent societal leaders took positive steps to
promote religious freedom.
There was no known Jewish community, and there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, but allow for ``reasonable restrictions.'' Restrictions
were imposed on foreign travel for many persons released from
detention, often because their travel documents were temporarily
confiscated at the time of their arrest or soon afterwards. As a rule,
all government employees were required to obtain permission from the
office of the president before travelling abroad.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR), the World Food Program, and other
humanitarian organizations in assisting refugees and asylum seekers
with integration efforts. UNHCR coordinated government efforts with the
International Organization for Migration, the Gambia Red Cross Society
and other agencies to provide protection and assistance to refugees,
returning refugees, and asylum seekers.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--Neither the constitution nor the law
provides for the granting of asylum or refugee status in accordance
with the 1951 UN Convention relating to the Status of Refugees and its
1967 protocol, but the Government has established a system for
providing such protection to refugees. The Government granted refugee
status during the year. In practice the Government provided protection
against the expulsion or return of refugees to countries where their
lives or freedom would be threatened. Approximately 6,200 Senegalese
refugees remained in the country 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 elections held on the basis of universal suffrage.
Elections and Political Participation.--On January 24, local
government elections were held. The ruling APRC won the two contested
mayoral seats plus 101 local council seats out of a total of 114. The
opposition UDP won three seats, the National Alliance for Democracy and
Development (NADD) won one seat; the National Reconciliation Party
(NRP) won one seat, while the remaining eight wards were won by
independent candidates. In the National Assembly elections held in
January 2007, two separate opposition alliances contested with the
ruling APRC, which won 42 of the 48 elected seats, and President Jammeh
appointed five nominated members, including the speaker. On December
18, the APRC won a by-election for the National Assembly seat of
Nianija constituency. The contest was between the APRC and the NRP.
In 2006 Alhaji Yahya Jammeh was reelected for a third term as
president, winning approximately 67 percent of the vote. The main
opposition political party, the UDP, challenged the election results;
however, the courts upheld them.
Individuals representing political parties or running as
independents could freely declare their candidacy if their nominations
were approved according to the rules of the Independent Electoral
Commission.
Political parties operated without restriction or government
interference.
International and local observers declared the local government
elections free and fair but expressed concern at low voter turnout. The
presidential and National Assembly elections were declared partially
free and fair with shortcomings, including underage voting, voting by
non-nationals, and biased media coverage in favor of President Jammeh.
There were reports of security officers demonstrating partisan support
while on duty in the days before both the presidential and National
Assembly elections. Opposition parties criticized these irregularities
and stated that the APRC did not adhere to the code of conduct in the
political memorandum of understanding brokered by the British
Commonwealth in 2005.
UDP candidate in the National Assembly election Nfamara Bojang, who
was arrested in January 2007, was acquitted on March 18 because of the
prosecution's repeated failure to bring forward any witnesses.
There were four women in the 53-seat National Assembly; two were
elected and two were nominated by the president. At year's end there
were six women in the 18-member cabinet, including the vice president.
There were no statistics available on the percentage of minorities
included in the legislature or the cabinet. However, President Jammeh
and many members of his administration were from the previously
marginalized minority Jola ethnic group.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively although some officials accused of
corruption were prosecuted.
The World Bank's Worldwide Governance Indicators reflected that
corruption was a serious problem, although there were some government
efforts to curb it during the year. The president often spoke against
corruption, and leading political and administrative figures faced
harsh sentences on charges of corruption and wrongdoing. In March 2007
the National Assembly adopted a code of conduct in an effort to allow
for greater accountability and transparency in the legislature.
On August 7, the Managing Director of Gambia International Airlines
(GIA), Lamin Sanyang, was arrested over allegations of mismanagement of
funds of the state-owned company. He was detained until August 15 and
then released unconditionally.
Public officials were not subject to financial disclosure laws, and
no specific government agency was responsible for combating corruption.
The constitution and law do not provide for public access to
government information. Under the Official Secrets Act, civil servants
are not allowed to divulge information about their departments or to
speak to the press without prior clearance from their department heads.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views. Some members
of domestic human rights groups reportedly practiced self-censorship in
matters related to the Government. Several groups expressed concern
over the situation of detainees held incommunicado, but the Government
did not respond.
The Government allowed visits during the year by the UN and other
international governmental organizations, such as ECOWAS and the
Commonwealth Secretariat, but offered no response to reports issued
after the visits.
The Office of the Ombudsman operated a National Human Rights Unit
(NHRU) to promote and protect human rights and to support vulnerable
groups. The office was established by the Government and receives
government funding. During the year the unit's reports focused on
social and economic issues, such as gender, welfare, and child labor;
however, the reports were not critical of the Government.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, religion,
gender, disability, language, or social status, and the Government
generally enforced these prohibitions.
Women.--The law prohibits rape, and the Government enforced the law
effectively, although rape remained a widespread problem. The penalty
for rape of an adult is life in prison, and the maximum penalty for
attempted rape is seven years' imprisonment. The law against spousal
rape was difficult to enforce effectively, as many did not consider
spousal rape a crime and failed to report it.
Domestic violence, including spousal abuse, was a widespread
problem; however, it was underreported due to the stigma surrounding
such violence. Police considered reported incidents to be domestic
issues outside of their jurisdiction. There was no law prohibiting
domestic violence; however, cases of domestic violence could be
prosecuted under laws prohibiting rape, spousal rape, and assault.
Prostitution is illegal; however, it was a problem particularly in
the tourist areas. Unlike in the previous year, there were no reports
that the Government expelled foreigners engaged in prostitution.
Suspected prostitutes were arrested in periodic raids; those who pled
guilty to charges of being ``rogues and vagabonds'' were sentenced to
fines or imprisonment for seven to 30 days. The Tourism Offences Act
deals with tourism-related offenses, including sex tourism, which was
reportedly increasing. The act prohibits child prostitution,
trafficking, and pornography.
There are no laws against sexual harassment, although it was
reportedly widespread.
Traditional views of women's roles resulted in extensive societal
discrimination in education and employment. Employment in the formal
sector was open to women at the same salary rates as men. No statutory
discrimination existed in other kinds of employment, access to credit,
or owning and/or managing a business; however, women generally were
employed in such pursuits as food vending or subsistence farming.
Shari'a law is applied in divorce and inheritance matters for
Muslims, who make up more than 90 percent of the population. Women
normally received a lower proportion of assets distributed through
inheritance than males. The concerned church and the Office of the
Attorney General settled Christian and civil marriage and divorce
matters.
Marriages often were arranged and, depending on the ethnic group,
polygyny was practiced. Women in polygynous unions had property and
other rights arising from the marriage. They also had the option to
divorce, but no legal right to disapprove or be notified in advance of
subsequent marriages. The Women's Bureau, under the Office of the Vice
President, oversees programs to ensure the legal rights of women.
Active women's rights groups existed.
During the year the National Reproductive and Child Health Unit of
the Department of State for Health and Social Welfare continued to
implement a reproductive health campaign launched in 2007. The
campaign, which was funded by the World Health Organization, was
designed to encourage men to become involved with sexual and
reproductive health issues. In July 2007 the president declared that
all maternal health care services would be provided free of charge in
government-run hospitals, a practice that is in effect.
Children.--The Government was committed to children's welfare;
however, budgetary constraints limited resources available to support
education, health, and social services.
Not all births were registered. However, in order to have access to
health care and treatment at public health centers, children must
possess a clinic card, which is routinely obtainable.
The constitution and law mandate free, compulsory primary education
from age six to 12, but the inadequate infrastructure prevented
effective compulsory education, and children paid fees to attend
school. During the year the Government estimated that 75 percent of
children were enrolled in primary schools. Another 15 percent were
enrolled in the Islamic schools called ``madrassas.'' Girls constituted
approximately 51 percent of primary school students and an estimated
one-third of high school students. The enrollment of girls was low in
rural areas, however, where a combination of poverty and cultural
factors influenced parents' decisions not to send girls to school. As
part of the Government's ongoing initiative to get girls in school, the
Government continued a countrywide program to pay basic school fees for
all girls. Nevertheless, in two urban regions, girls still were
required to pay for books, school fund contributions, and exam fees.
The law protects and promotes the welfare of children, and curbs
abuses against children, including trafficking in persons. In 2006 the
first of five regional children's courts was established. The court has
jurisdiction to hear all adoption, custody, maintenance, parentage,
special, and most criminal cases affecting children.
The authorities generally enforced laws when cases of child abuse
or mistreatment were brought to their attention. There was no societal
pattern of abuse against children. Carnal knowledge of a girl under the
age of 16 is a felony except in the case of marriage, which can be as
early as 12 years of age. Incest also is illegal. Serious cases of
abuse and violence against children were subject to criminal penalties.
On August 17, a 61-year-old New Zealand national, Anthony Michael
Dobson, was arrested and charged with child pornography and defilement
of a girl under the age of 16. A Gambian man, Mustapha Drammeh, named
as Dobson's accomplice, was charged with procuring a young girl for
him. Both pleaded not guilty. Their application for bail was turned
down by the magistrate and they were remanded in custody. The trial was
ongoing at year's end.
On November 20, a German national, Peter Paul Hornberger, was
arrested for ``indecent assault of a minor'' of an 11-year-old boy in
the tourism development area. He pled guilty and could face up to 14
years in prison. He was awaiting sentence at year's end.
The law does not prohibit female genital mutilation (FGM) and the
practice remained widespread. Between 60 and 90 percent of women have
undergone FGM, and seven of the nine major ethnic groups reportedly
practiced it at ages varying from shortly after birth until age 16. FGM
was less frequent among the educated and urban groups. Some religious
leaders publicly defended the practice. There were unconfirmed reports
of incidences of health-related complications, including deaths,
associated with FGM; however, no accurate statistics were available.
Several NGOs conducted public education programs to discourage the
practice and spoke out against FGM in the media.
During the year at least 44 FGM practitioners abandoned the
practice following a series of community sensitization campaigns which
also provide entrepreneurial projects for the practitioners. The
Government supported efforts to eradicate FGM and discouraged it
through health education. During the year the National Assembly Select
Committee on Women and Children continued its campaign against FGM and
other harmful traditional practices affecting women and children.
Child prostitution (children under 18 years of age) exists in some
of the brothels. Some child prostitution victims stated they worked to
support their families or because they were orphans. Some NGOs also
believe that tourists living in remote guesthouses and motels may be
involved in the sexual exploitation of children. Security forces in the
tourism development area are required to turn away all minors who
approach the main resort areas without a genuine reason.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, persons were trafficked to, from, through, and
within the country. The Government considered trafficking to be a
serious problem. The Children's Act prohibits trafficking in children
and the 2007 Trafficking in Persons Act prohibits all forms of
trafficking.
The penalty for trafficking in children under the age of 18 is life
in prison and a substantial monetary fine. Enforcement of the
Children's Act is the responsibility of the various security services.
The Tourism Security Unit, a unit of the national army created
specifically to enhance security in the tourism sector, is responsible
for enforcement of the Tourism Offences Act which calls for keeping
minors out of resort areas. The minimum prison term for trafficking an
adult is 15 years and a substantial monetary fine may also be imposed.
On July 1, the magistrate's court in Banjul convicted Sheikh Jobe
of child trafficking and sentenced him to two years imprisonment with
hard labor. Jobe allegedly kidnapped two children, Telma Bangura and
Mariama Jallow, by enticing them with biscuits and then took custody of
them.
There were reports during the year that children were trafficked
for commercial sexual exploitation. In October a Nigerian girl
approximately 16 years old told representatives of the NGO Child
Protection Alliance (CPA) and the Child Welfare Unit of the Gambia
Police Force that she was a victim of trafficking. She stated that her
uncle brought her and her sister from Nigeria on the pretext of sending
them to school. Instead, he asked them to run his video shop and they
fled when he attempted to rape them. The girl later disappeared while
the police were preparing their case to arrest and prosecute the
suspected trafficker.
There was no evidence of government involvement at any level in
trafficking in persons.
While the Government had no established victim care and health
facilities for trafficked persons, it provided temporary shelter and
access to medical and psychological services to reported victims of
trafficking.
The Government's multi-agency trafficking in persons taskforce,
which also included representatives from the UN Children's Fund, the
National Assembly, and the CPA, met twice during the year and on
December 22 finalized the National Action Plan for Combating
Trafficking in Persons.
The Trafficking in Persons Act provides for a national agency
against trafficking to be established; however, it was not formed by
year's end. A dedicated officer for trafficking issues continued to
operate at the Department of State for Justice. NGOs were active in
raising awareness about trafficking.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--Although the constitution protects
persons with disabilities against exploitation and discrimination, no
government agency is directly responsible for protecting persons with
disabilities. The Department of State for Health and Social Welfare
dealt mainly with supplying some persons with disabilities with
wheelchairs received from international donors. There is no legal
discrimination against persons with physical disabilities in
employment, education, or other state services; however, there was some
societal discrimination. Persons with severe disabilities subsisted
primarily through private charity. Persons with less severe
disabilities were accepted fully in society, and they encountered
little discrimination in employment for which they were physically
capable. There were no laws to ensure access to buildings for persons
with disabilities, and very few buildings in the country were
accessible to them.
During the year the Government removed many beggars with
disabilities from the streets in an effort to end the problem of street
begging, which it viewed as a public nuisance. On September 26, police
in Banjul arrested 24 Gambian and Senegalese beggars and charged them
with ``common nuisance and obstruction on public highways.'' The issue
of the rights of persons with disabilities attracted press coverage
throughout the year, and several NGOs sought to improve awareness of
these rights, including encouraging the participation of persons with
disabilities in sports and physical activities. The NHRU specifically
sought to promote the rights of women with disabilities. Persons with
disabilities were given priority access to polling booths on voting
day.
Other Societal Abuses and Discrimination.--There was evidence of
societal discrimination against persons infected with HIV/AIDS. Stigma
and discrimination hindered disclosure and led to rejection from
partners and relatives. The Government took a multisectoral approach to
fighting HIV/AIDS through its national strategic plan, which provides
for care, treatment, and support to persons living with, or affected by
HIV/AIDS, and the protection of the rights of those at risk of
infection. In April 2007 the National AIDS Secretariat collaborated
with The Gambia Chamber of Commerce and Industry to develop a business
coalition response to HIV/AIDS using workplace policies to destigmatize
it and allow workers to feel comfortable seeking information. Public
discourse about HIV/AIDS was ongoing during the year as President
Jammeh continued his controversial herbal treatment program for the
virus. Throughout the year the Secretary of State for health urged
persons to undergo voluntary HIV/AIDS counseling and testing.
There are no laws banning sexual relations between men, but there
is societal discrimination against homosexuality, which remained a
social taboo.
On March 28, President Yahya Jammeh, speaking at the National
Assembly, strongly condemned homosexual marriages and stated they would
never be allowed. On May 15, Jammeh ordered all homosexuals to leave
the country within 24 hours. He described homosexuality as a criminal
practice and told the security services to arrest homosexuals and close
down motels and hotels hosting them.
On May 30, two Spanish men were arrested and detained at Kotu
Police Station over allegations that they tried to procure underage
boys for sex. The men were not charged, were released on June 3, and
left the country immediately. However, the Government announced that
they had been arrested on charges of homosexuality rather than
pedophilia.
Section 6. Worker Rights
a. The Right of Association.--In September 2007 the National
Assembly passed a revised Labor Act, which incorporates principles set
out in various International Labor Organization (ILO) Conventions that
deal with the abolition of forced labor, the minimum age for
employment, the elimination of the worst forms of child labor, the
right to organize and collective bargaining, and discrimination in
employment and occupation. The act applies to all workers, including
foreign or migrant workers, and specifies that workers are free to form
associations, including trade unions. Workers exercised this right in
practice. However, the act specifically prohibits military personnel
and police officers, as well as other civil service employees, from
forming unions. Unions must register to be recognized, and there were
no cases where registration was denied to a union that applied for it.
Approximately 20 percent of the work force was employed in the modern
wage sector, where unions were most active.
The law allows for the right to strike but places restrictions by
requiring unions to give the commissioner of labor 14 days' written
notice before beginning an industrial action (28 days for essential
services); no strikes occurred during the year. In practice the
Government interfered with unions' right to strike. The law
specifically prohibits military personnel, police officers, and other
civil service employees, from striking. Police and military personnel
had access to a complaints unit, and civil servants could take their
complaints to the Public Service Commission or the Personnel Management
Office.
b. The Right to Organize and Bargain Collectively.--The law permits
unions to conduct their activities without interference. Unions were
able to negotiate without government interference; however, in practice
the unions lacked experience, organization, and professionalism and
often turned to the Government for assistance in negotiations. The law
allows workers to organize and bargain collectively, and although trade
unions were small and fragmented, collective bargaining took place.
Union members' wages, which generally exceeded legal minimums, were
determined by collective bargaining, arbitration, or agreements reached
between unions and management. Most collective agreements are
registered with the Department of Labor and remain valid for a period
of three years before being renewed. The Labor Act also sets minimum
contract standards for hiring, training, and terms of employment and
provides that contracts may not prohibit union membership.
An employer may apply to a court for an injunction to prohibit
industrial action that is deemed to be in pursuit of a political
objective. The court also may forbid action judged to be in breach of a
collectively agreed procedure for settlement of industrial disputes.
The law prohibits retribution against strikers who comply with the law
regulating strikes.
Employers may not fire or discriminate against members of
registered unions for engaging in legal union activities, and the
Government intervened to assist workers whose employers fired them or
discriminated against them.
There is a government-established export processing zone (EPZ) at
the port of Banjul and the adjacent bonded warehouses. There are no
special laws or exemption from regular labor laws in the EPZ.
c. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced or compulsory labor, including by children;
however, there were reports that women and children were trafficked for
forced commercial sexual exploitation.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor was a problem, although the constitution prohibits economic
exploitation of children less than 16 years of age, and the Children's
Act prohibits exploitative labor or hazardous employment of children
under the age of 18. The act also sets the minimum age of 16 years for
light work and 12 years for apprenticeships in the informal sector.
Most children completed formal education by the age of 14 and then
began work. Child labor protection does not extend to youth performing
customary chores on family farms or engaged in petty trading, as child
labor in informal sectors is difficult to regulate and laws implicitly
apply only to the formal sector. In urban areas many children worked as
street vendors or taxi and bus assistants. There were a few instances
of children begging on the street. The tourist industry stimulated a
low level of child prostitution. Other sectors where children between
the ages of 14 and 17 were known to work include carpentry, sewing,
masonry, plumbing, tailoring, and auto mechanics. In the rural areas,
children were engaged in light work on family farms during the rainy
season.
The Department of Labor was responsible for enforcing child labor
laws and conventions on the worst forms of child labor. Employee labor
cards, which include a person's age, were registered with the labor
commissioner, who was authorized to enforce child labor laws; however,
enforcement inspections rarely took place. The Tourism Offences Act
incorporates the ILO provisions outlawing child prostitution and
pornography.
e. Acceptable Conditions of Work.--Minimum wages and working hours
are established by law through six joint industrial councils, composed
of representatives from labor, management, and the Government. The
lowest minimum wage according to law was 19.55 dalasi (approximately
$0.72) per day for unskilled labor, but in practice the minimum wage
was 50 dalasi (approximately $1.85) per day. The national minimum wage
did not provide a decent standard of living for a worker and family.
The minimum wage law covered only 20 percent of the labor force,
essentially those in the formal economic sector, although most such
laborers were paid above the minimum wage. Minimum wage laws covered
foreign and migrant workers. A majority of workers were employed
privately or were self-employed, often in agriculture. Most citizens
did not live on a single worker's earnings and shared resources within
extended families. The Department of Labor is responsible for enforcing
the minimum wage and it did so when cases of underpayment were brought
to its attention.
The basic legal workweek is 48 hours within a period not to exceed
six consecutive days. Nationwide, the workweek included four eight-hour
workdays and two four-hour workdays (Friday and Saturday). There are no
limits on hours worked per week and no prohibition on excessive
compulsory overtime. A 30-minute lunch break is mandated. Government
employees are entitled to one month of paid annual leave after one year
of service. Most government employees were not paid overtime. However,
government workers holding temporary positions and private sector
workers received overtime calculated per hour. Private sector employees
received between 14 and 30 days of paid annual leave, depending on
length of service. There was no exception for foreign or migrant
workers.
The law specifies safety equipment that an employer must provide to
employees working in designated occupations. The law also authorizes
the Department of Labor to regulate factory health and safety, accident
prevention, and dangerous trades, and to appoint inspectors to ensure
compliance with safety standards. Enforcement was inconsistent due to
insufficient and inadequately trained staff. Workers may demand
protective equipment and clothing for hazardous workplaces and have
recourse to the labor department. The law provides that workers may
refuse to work in dangerous situations without risking loss of
employment; however, in practice authorities did not effectively
enforce this right.
The law protects foreign workers employed by the Government;
however, it only provides protection for privately employed foreigners
if they have a currently valid work permit. On April 3, the National
Assembly passed an amendment to the Payroll Tax Act, which requires
employers not to hire non-Gambians in excess of 20 per cent of their
workforce except in the specialized professional category. The move was
designed to encourage employers to train and employ more local
citizens.
__________
GHANA
Ghana is a constitutional democracy with a strong presidency and a
unicameral 230-seat parliament. The population is approximately 22
million. In the December election the opposition National Democratic
Congress (NDC) won both the presidency and control of Parliament,
marking Ghana's second successful peaceful transition of power between
political parties. The election was judged by domestic and
international observers to be free and fair. While civilian authorities
generally maintained effective control over security forces, there were
some instances in which elements of the security forces acted
independently of government authorities.
The Government generally respected human rights, but human rights
problems continued, including: deaths resulting from the excessive use
of force by police; vigilante violence; harsh and life-threatening
prison conditions; police corruption and impunity; prolonged pretrial
detention; forcible dispersal of demonstrations; corruption in all
branches of government; violence against women and children; female
genital mutilation (FGM); societal discrimination against women,
persons with disabilities, homosexuals, and persons with HIV/AIDS;
trafficking in women and children; ethnic discrimination and
politically and ethnically motivated violence; and child labor,
including forced child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed political killings;
however, the use of excessive force by security forces resulted in the
deaths of several criminal suspects and other persons during the year.
On June 3, police fired on commercial transport drivers following a
confrontation in Ashaiman, near Accra, killing two persons, including a
student, and injuring several others. The drivers had gathered to
protest alleged police harassment. In September a government-appointed
committee chaired by a court of appeals justice investigating the
shooting recommended the dismissal of the divisional commander of the
Motor Traffic and Transport Unit (MTTU) and the transfer of MTTU
personnel. The report recommended reprimands for two police officials.
The committee determined that eight police officers who accompanied the
divisional commander did no wrong and recommended the lifting of
interdiction against three police inspectors. At year's end the officer
responsible had been tried by a police court, found not culpable, and
reinstated. Funeral expenses were paid to the family of the deceased
youth, and the Attorney General's office was negotiating a compensation
package for the victims.
In August 2007 agents of the Bureau of National Investigations who
were searching for a car thief mistakenly shot and killed a 26-year-old
man. The president ordered security agencies to conduct a thorough
investigation of the case. In December 2007 the case was forwarded to
the attorney general's office for review. At year's end there was no
new information on the case.
In August 2007 a joint police-military patrol reportedly beat and
killed a minibus driver in Suhum following his arrest. The Ministry of
Interior set up a committee to investigate the death. The committee
recommended compensation for the victim's family and disciplinary
action against the leader of the patrol team. In May a trial began for
three security personnel involved in the incident. The trial was
ongoing at year's end.
In May a man was killed after he apparently entered the official
compound of the Volta Region regional minister in Ho. The man, whose
motives are unknown, was killed by security personnel after a struggle
in which a police officer was also killed, apparently with his own
weapon. Investigations remained inconclusive at year's end despite
public demand for an independent enquiry.
As in previous years, chieftaincy disputes resulted in deaths,
injuries, and destruction of property.
In Bawku, in the Upper East Region, an ongoing chieftaincy dispute
led to violent outbreaks in January, May, and July. The violence caused
an estimated 18 deaths and the destruction of property. The military
and police were deployed to the region and the municipality was placed
under curfew following the outbreaks. The curfew, which runs daily from
10:00 pm to 4:00 a.m., was extended at the end of the year. In May
communal violence led to eight deaths and the burning of a village in
Burkprugu-Yunyoo District, Northern Region. The violence followed a
dispute over land. Police investigated the incident and a case is
pending. Those arrested were out on bail at year's end.
In November 2007 a chieftaincy conflict erupted in Anloga in the
Volta Region, resulting in at least five deaths, including one police
officer and two persons who died in police custody. Rooted in a decade-
long chieftaincy dispute, the disturbances arose from opposition to the
installation of a new chief in the Anlo traditional area. Media and
nongovernmental organization (NGO) sources reported that police used
excessive force, intimidation, and beatings in order to control the
violence and to extract information. Police reportedly arrested more
than 75 suspects, including children and at least one elderly woman,
immediately after the conflict erupted. There have been no further
developments since the court adjourned the case in May.
In November 2007 at least three persons were reportedly killed, and
over 20 houses set ablaze, as a result of a chieftaincy dispute in
Princes Town in the Western Region. A number of individuals were
arrested and charged with rioting, fighting with offensive weapons, and
causing damage. There was no change in the status of the case at year's
end. Numerous deaths resulted during the year from vigilante-style
violence against suspected criminals by angry citizens. Security forces
sometimes intervened to save the lives of the intended victims.
In October 2007 Amasaman District police arrested nine persons for
allegedly killing a suspected thief in Pokuase by beating him and
dragging him along the ground with his hands tied. The nine suspects
remained in detention awaiting trial at year's end.
In April 2007 a group of young men beat and killed the
administrator of Goaso Government Hospital whom they suspected of
participating in a gang responsible for multiple killings. Police
charged 15 persons in connection with the killing. In December 2007
four of the suspects were granted bail while the remaining 11 were
remanded in custody. Those remanded were facing murder charges before
the High Court in Sunyani. At year's end the 11 suspects were still
facing murder charges at the Sunyani High Court.
There were no new developments involving a May 2007 incident where
a mob on the Kumasi-Techiman highway captured and set on fire a man
suspected of having robbed a gas station. Police investigations
remained inconclusive and no arrests were made by the end of the year.
In August 2007 three suspected armed robbers were lynched in Accra
as they were allegedly attempting to escape after snatching a woman's
bag. No suspects were arrested, and investigations remained
inconclusive at year's end.
In December 2007 two alleged gang members suspected of burglary
were beaten to death by neighbors of the homeowner. Police
investigations remained inconclusive at year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were credible reports that police beat and abused suspects,
prisoners, demonstrators, and other citizens. Severe beatings of
suspects in police custody reportedly occurred throughout the country
but largely went unreported in official channels. In many cases, police
denied allegations or claimed that force was justified by the
circumstances.
The many cases of police brutality leading to deaths during the
year led several NGOs, lawyers, and civil society organizations to
publicly denounce the tendency of police to use excessive force and to
call for the Inspector General of Police (IGP) to take action against
those responsible.
In June military personal illegally detained 13 commercial drivers
at 37 Military Hospital in Accra. The drivers, who were allegedly
involved in ``chaotic'' acts near the entrance of the hospital (which
also serves the general public), were taken by military personnel into
the hospital's morgue. There the drivers were made to handle corpses,
including, according to the drivers, touching female cadavers in a
sexually explicit manner. President Kufuor called for an investigation
of the incident. Following the investigation, the Military High Command
called for disciplinary actions (yet to be determined) against an
officer, two enlisted soldiers, and five mortuary attendants. The
military offered the drivers financial compensation of 100 cedis
(approximately $85) and a year's free medical care, an amount the
drivers say is inadequate.
In May police fired teargas and rubber bullets to disperse
supporters of a defeated parliamentary candidate. The leader of the
Bekwai traditional area demanded an apology after several people were
allegedly harmed by the police action. A police investigation
determined that the police used appropriate and proportional force.
``Land guards'' (private security enforcers hired by citizens to
settle private disputes) caused injury and property damage during the
year. There were some allegations of police complicity with these
extralegal security agents, although police denied involvement.
Vigilante-style justice conducted by angry citizens and mobs
against suspected criminals and witches resulted in deaths and
injuries.
Prison and Detention Center Conditions.--Prison conditions
generally were harsh and sometimes life threatening. Much of the prison
population was held in buildings that were originally colonial forts or
abandoned public or military buildings, with poor ventilation and
sanitation, sub-standard construction, and limited space.
In July the Government completed the closure of the Jamestown
prison in Accra. The prison, which dated from the colonial era slave
trade, did not meet modern standards for a penitentiary. The closure,
however, led to higher levels of congestion in other prisons. The
construction of a new maximum security prison continues at Ankaful in
Central Region. According to the 2007 Prisons Service Annual Report,
13,335 prisoners (average daily lockup) were held in prisons designed
to hold approximately one-third of that number. It was common for as
many as 55 inmates to share a cell intended for 12. Overcrowding
contributed to the prevalence of communicable diseases, medical
facilities were inadequate, and the prisons supplied only the most
basic medicines. Prisoners relied on families or outside organizations
for additional food, medicine, and other necessities. Shortages of
food, bedding, clean water, and clothing for prisoners persisted.
In July 2007 the Parliamentary Select Committee on the Judiciary
visited the Nsawam Medium Security Prison to determine whether inmates'
rights were being respected. Prisoners reportedly informed the
delegation that some inmates had been incarcerated for years without a
trial. As a result of the committee's findings and other reports
compiled by the prison service, the Government made some efforts to
address the lengthy detention periods. In September 2007 the Attorney
General's office launched its ``Justice for All'' initiative under
which a special court sat at the James Fort Prisons in Accra. The
initiative was intended to accelerate the judicial process and ease
overcrowding in s prisons. The Attorney General's Office began a
process to review the cases of remand prisoners at Nsawam Prison,
resulting in the release of some remand prisoners. Since the inception
of the program, approximately 40 persons on remand have been
discharged, while others have been granted bail.
There were no known reported cases of deaths or abuses of prisoners
during the year.
Some juveniles inflated their ages to avoid lengthy rehabilitation
sentences in the Borstal Institute, a juvenile detention center that
the Government operated like a prison. In response, the Department of
Social Welfare and the Prison Service collaborated to transfer younger
juveniles in adult prisons to juvenile correction centers and older
juveniles back to the Borstal Institute.
Pretrial detainees were held with convicted prisoners.
d. Arbitrary Arrest or Detention.--The constitution and law provide
for protection against arbitrary arrest and detention; however, the
Government did not always observe these prohibitions.
Role of the Police and Security Apparatus.--The police, under the
jurisdiction of a 10-member Police Council, are responsible for
maintaining law and order. The military continued to participate in law
enforcement activities during the year. The Ghana Police Service is
within the Ministry of Interior. A separate entity, the Bureau of
National Investigations, handled cases considered critical to state
security and answered directly to the Ministry of National Security.
The police maintained specialized units in Accra for homicide,
forensics, domestic violence, visa fraud, narcotics, and cyber-crimes.
However, there were significant barriers to extending such services
nationwide, including a lack of office accommodation, police vehicles,
and equipment outside of Accra.
The police service received repeated criticism due to incidents of
police brutality, corruption, and negligence. Impunity remained a
problem. Delays in prosecuting suspects, rumors of police collaboration
with criminals, and the widespread perception of police ineptitude
contributed to an increase in vigilante violence during the year. There
were also credible reports that police extorted money by acting as
private debt collectors, by setting up illegal checkpoints, and by
arresting citizens in exchange for bribes from detainees' disgruntled
business associates.
The constitution and law provide for protection against arbitrary
arrest and detention; however, the Government did not always observe
these prohibitions.
Government officials stated that the policy of zero tolerance for
corruption applied to police and other security officials; however, low
salaries, which were sometimes not paid on time, contributed to the
tendency of individual law enforcement officials to demand bribes.
The 33-person Police Intelligence and Professional Standards Unit
(PIPS) investigated human rights abuses and police misconduct. During
the year PIPS received 491 complaints and petitions, compared with a
total of 693 in 2007. There were 134 complaints in the period related
to harassment, unlawful arrest, and detention with human rights
violations, compared with 149 in 2007 and 70 in 2006. There were 62
complaints of misconduct, compared with 225 in 2007. Investigation of
397 cases was completed, of which reports for 305 had been forwarded to
the inspector-general of police. A total of 94 cases remained under
investigation. Some cases forwarded to the IGP resulted in dismissals,
reduction of rank, and transfers.
Arrest and Detention.--The constitution provides that a detained
individual should be informed immediately, in a language that the
detainee understands, of the reasons for the detention and of his or
her right to a lawyer and an interpreter at state expense. The law
requires judicial warrants for arrest and provides for arraignment
within 48 hours. The law requires that a detainee who has not been
tried within a ``reasonable time'' as determined by the court be
released either unconditionally or subject to conditions necessary to
ensure that the person will appear in court at a later date. The law
also provides for bail. In practice, however, many abuses of these
rights occurred, including detention without charge for periods longer
than 48 hours, failure to obtain a warrant for arrest, and remand of
prisoners into custody for indefinite periods while an investigation is
conducted by renewing warrants or by simply allowing them to lapse.
The Government continued to conduct arbitrary arrests and
detentions during the year. From October to December the police
conducted anticrime patrols in parts of Accra, arresting individuals
suspected of being criminals. Approximately 100 individuals were held
for prosecution on charges of criminal activity.
Authorities routinely failed to notify prisoners' families of their
incarceration; such information often was obtained only by chance. The
court has unlimited discretion to set bail, which was often
prohibitively high. The court may refuse to release prisoners on bail
and instead remand them without charge for an indefinite period,
subject to weekly review by judicial authorities. On occasion, police
also demanded money from suspects as a precondition for their release
on bail.
Lengthy pretrial detention remained a serious problem. According to
the Prisons Service's 2007 Annual Report, 31.5 percent of the prison
population was in pretrial status-up from 29.5 percent in 2006.
Detainees sometimes served more time in detention awaiting trial than
the sentence for the crime required.
The Ghanaian Times reported a man was released on bail in Brong
Ahafo Region after eight months awaiting trial. No further information
was available on the case at year's end.
On December 7, the date of the general election, armed forces
personnel detained approximately 210 individuals in Central Region. The
individuals, known locally as ``machomen,'' were believed to be
affiliated with one or more political parties and were congregating
near polling stations for the alleged purpose of intimidating voters.
The soldiers turned the men over to the police, who reportedly released
them after the polls closed.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judiciary was inefficient
and subject to influence and corruption.
The law establishes two basic levels of courts: the lower courts
and the superior courts. The lower courts consist of the circuit and
District Courts, which serve as juvenile courts and family tribunals.
These courts try civil cases involving 5,000 cedis (approximately
$5,750) or less; and criminal cases for offenses punishable by a fine
not exceeding $1,000 cedis (approximately $1,150), imprisonment for a
term not exceeding two years, or both. The superior courts consist of
the Supreme Court, the Appeals court, the High court, the Commercial
court, regional tribunals, and fast-track courts. Fast-track courts
hear cases to conclusion within six months. The majority of cases filed
before the fast track courts involved banking and commercial matters,
human rights, and defamation.
Members of the military are tried under the criminal code in a
military court.
The Judicial Service has made efforts to mainstream alternate
dispute resolution (ADR) procedures in order to decongest the courts
and to address judicial inefficiency. Mediators have been trained
throughout the country to implement ADR and mediation desks have been
established in some District Courts. An ADR secretariat was established
within the Judicial Service.
The Chieftaincy Act gives village and other traditional chiefs the
power to mediate local matters and enforce customary tribal laws
dealing with such matters as divorce, child custody, and property
disputes. However, the authority of traditional rulers has steadily
eroded because of a commensurate increase in the power of civil
institutions, such as courts and district assemblies.
A judicial complaints unit, headed by a retired supreme court
judge, addressed public complaints. During 2006 the unit received 632
complaints, of which 107 were resolved, 186 were under investigation,
and 339 were pending. There were no more recent figures available at
year's end.
Trial Procedures.--The constitution and law provide for the right
to a fair trial, and the judiciary generally enforced this right.
Defendants are presumed innocent, trials are public, and defendants
have a right to be present, to be represented by an attorney (at public
expense if necessary), and to cross-examine witnesses. Defendants and
their attorneys have access to government-held evidence relevant to
their cases and have a right to appeal. Defendants have the right also
to present witnesses and evidence. Juries are used in murder trials. In
practice, authorities generally respected these safeguards. Chapter 5
of the constitution provides for the right to a fair trial, and the
judiciary generally enforced this right.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, and citizens had access to a
court to bring lawsuits seeking damages for, or cessation of, a human
rights violation.
Fast-track courts and automated commercial courts continued to try
to improve access to justice and to streamline resolution of disputes.
A growing number of automated courts, whose proceedings were expedited
through electronic data management, were established across the
country.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions;
however, in practice the Government sometimes infringed on privacy
rights. Although the law requires judicial search warrants, police
seldom obtained them in practice. There are no records of any suits
against the police.
Opposition party activists claimed the Government engaged in
surveillance and harassment of those it perceived to be opposed to the
ruling party. Some civil society organizations expressed concerns that
the Government used surveillance, free of any oversight or regulation.
However, there were no credible reports of such activities and the
Government has denied any involvement.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice. Individuals criticized the
Government publicly without reprisal. The independent media were active
and expressed a wide variety of views without restriction.
In August police officers entered an opposition National Democratic
Congress (NDC) radio station, Radio Gold, ostensibly in response to
reports of an armed robbery in progress. Radio Gold managers maintained
that the police, who beat workers and arrested the financial
comptroller, were interfering with plans by the station to air the
``confession'' of an NPP supporter accused of electoral fraud. The
supporter had been brought to the radio station by a crowd of agitated
citizens. The comptroller was released from police custody later in the
day.
Journalists were occasionally subjected to physical and verbal
harassment as a result of their reporting. For example, members of the
two major political parties, NPP and the NDC, verbally harassed
journalists throughout the year for negative reporting on their
respective parties. Prior to the December election editors and
reporters of pro-NDC newspapers reported receiving threatening text
messages, however no legal action was taken.
No action was taken in the 2006 case of a photojournalist who was
covering a narcotics smuggling trial, and who was attacked by a group
supporting the defendants.
Government officials, including the president, called upon media to
be more disciplined in their reporting but did not censor or abridge
media output. Smaller parties, such as the Convention People's Party
(CPP) and the People's National Convention (PNC) accused the media and
the larger parties of colluding to monopolize coverage. However, both
smaller parties received regular coverage in the state-owned media.
Journalists reported that self-censorship did occur around topics of
particular sensitivity, such as the narcotics trade.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e mail. The
Internet was accessible in Accra and other large cities, but there was
limited access in other parts of the country.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of peaceful
assembly; however, at times the Government restricted this right. The
Government does not require permits for demonstrations, but police can
deny use of a particular route.
As in previous years, police arbitrarily and forcibly dispersed
demonstrations. On December 8, the day following the general election,
members of the armed forces dispersed a crowd outside the Electoral
Commission District Office in Bawku, in the Upper East Region. Persons
were frustrated with what they believed to be delayed returns for the
local parliamentary race. There were no observed injuries.
On December 28, during the presidential runoff election, police
fired warning shots to disperse a crowd that had gathered outside a
hotel in Ashiman. The crowd-basing its actions on rumors-believed that
stolen ballot boxes were inside the hotel. On December 29, authorities
fired warning shots to disperse a crowd of party supporters gathered
outside the offices of the electoral commission. The crowd moved away
from the building but did not disperse.
In June 2007 police forcibly dispersed students at Takoradi
Polytechnic Institute who had declared an indefinite boycott of
academic work on May 31 to protest the principal's alleged
incompetence. Sixty-four students were arrested in connection with the
clashes and charged with rioting with weapons and engaging police in a
confrontation. At the end of the year, there had been no progress on
the case. The ban on campus demonstrations remained in effect, although
it was not further challenged by students.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice. Members of security forces are prohibited from
joining political assemblies or groups within the security services,
but they are allowed to participate in political activities outside
police or military compounds.
In September seven retired senior military and police officers were
prohibited by government order from entering military or police
installations, following a meeting they held with former President
Rawlings.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
Some Muslims continued to claim political and social exclusion
because of the pervasiveness of Christianity in many aspects of
society. Factors such as the frequency of Christian-oriented prayers in
public settings and the ubiquity of Christian slogans contributed to
this perception of marginalization and discrimination.
Muslim students generally enjoyed religious freedom in public
schools. However, despite official policies promoting free religious
practices, Muslim and Seventh-day Adventist students continued to
complain that school administrators occasionally failed to accommodate
students' religious obligations when regulating school attire or
scheduling examinations on holy days.
Trokosi, a practice indigenous to the southern Volta region,
involves pledging family members, most commonly female teenagers, to a
period of service from a few months to three years at a local shrine to
atone for another family member's sins. Trokosis helped with the upkeep
of these shrines and poured libations during prayers. Government
agencies, such as the Governmental Commission on Human Rights and
Justice (CHRAJ), and some NGOs have at times actively campaigned
against Trokosi, although local officials portrayed it as a traditional
practice that was not abusive. Supporters of traditional African
religions, such as the Afrikania Renaissance Mission regarded these
campaigns against Trokosi as religious persecution.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination based on religious belief or
practice; however, there were occasional reports of interreligious and
intra-religious friction during the year.
The Jewish community had a few hundred members. There were no
reports of anti-Semitic acts.
The Government often took steps to promote interfaith understanding
during the year.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The constitution prohibits forced exile, and the Government did not
use it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol and the 1969
Organization of African Unity Convention on Refugees. The Government
has established a refugee board to adjudicate claims for refugee status
and to ensure that refugees receive all appropriate protections. The
Office of the UN High Commissioner for Refugees (UNHCR) participated as
an observer on the refugee board. Ghana cooperated with UNHCR and other
humanitarian organizations in assisting refugees and asylum seekers.
The Government has a generally liberal policy toward accepting refugees
from other West African countries, although this does not generally
extend to granting work or residence permits. The law allows rejected
asylum seekers to appeal and remain until the appeal is adjudicated.
The law also accords the right of protection to refugees who entered
the country illegally without documentation.
In practice, the Government generally provided protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened. However, there were some instances of
deportation and expulsion during the year. In February protestors at
the Buduburam refugee settlement disrupted humanitarian operations. On
March 17, police arrested approximately 630 Liberians engaged in the
illegal protest. UNHCR was given access to this group on March 19 and
negotiated the release of 90 vulnerable individuals. On March 22,
police arrested an additional 70 Liberians suspected of organizing the
protests. UNHCR had requested access to this group, which was still
pending on March 23, when 16 members of this group were deported to
Liberia, 13 of whom had been formally registered as refugees. No
involuntary return of registered refugees occurred after that date. On
March 31, all but 23 of the arrested Liberians were released. The
Director of Immigration issued an order for their repatriation. The
Liberians challenged the order, but the courts upheld it and they were
returned to Liberia. On March 29, the Governments of Liberia and Ghana
and the UNHCR formed a tripartite committee to facilitate the safe and
voluntary return of Liberians. During the year a total of 8,795
Liberians returned to Liberia.
On February 23, the Government deported an Iraqi family to Syria.
The family expressed fear of returning to Syria or Iraq and filed an
asylum application with the Ghana Refugee Board (GRB). However, the GRB
had not heard the case prior to the deportation.
Sexual and gender-based violence remained a problem among refugee
populations. The physical insecurity of refugees living in camps
contributed to their vulnerability. In the Buduburam refugee camp,
approximately 17 sexual violence cases involving defilement, rape, and
sodomy were reported to the Women's Initiative for Self-Empowerment
(WISE), UNHCR and to the police during the year. Of the six cases in
court at the end of 2007, one alleged perpetrator was acquitted, one
was on remand, and the four cases that were pending at the end of 2007
are still under investigation and no prosecutions have been brought. In
the Krisan refugee camp there were four cases reported to WISE and
UNHCR involving defilement and rape during the year. One of the
defilement cases has been referred to the District Court and was still
pending at the end of the year. In the Volta Region, the number of
cases reported to WISE, UNHCR, and other agencies during the year
included one case of defilement, two cases of rape and one case of
incest. WISE, UNHCR and other actors worked to educate refugee
populations about sex and gender-based violence, provide counseling,
and refer refugees to the appropriate services.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right through
periodic, free, and fair elections held on the basis of universal
suffrage.
Elections and Political Participation.--The country continued its
transition from a one-party state to a multiparty constitutional
system. On December 7, Ghana held its election for president and for
the 230 members of parliament. Domestic and international observers
reported that the elections were generally free, fair and peaceful.
None of the eight presidential candidates received a majority of votes,
forcing, per the constitution, a run-off election. The run-off was held
on December 28, and resulted in a narrow victory for Professor John
Atta Mills, the candidate of the opposition NDC.
The December 7 parliamentary elections also gave the NDC 114 seats,
the New Patriotic Party 107, minor parties three, and independents four
seats. Two seats are subject to court challenges; in one, six ballot
boxes were stolen by supporters of one party in an effort to disrupt
the parliamentary voting.
The elections were generally peaceful and transparent. Activities
at polling stations were observed by party agents and thousands of
domestic and international observers. There were reports in some areas
of voter intimidation and election irregularities, particularly in the
regions of the country where the two main parties have their base of
support. However, the consensus of observers and the independent
Electoral Commission was that these irregularities were insufficient to
have altered the outcome of the election.
The political system includes recognized opposition parties, which
expressed their views freely. Registered political parties operated
freely; however, opposition parties and persons in private business
continued to allege that government contracts were often awarded on the
basis of ruling party membership.
During the run-up to the election there were some incidents that
involved violence. On September 1, there were violent clashes in
Gushiegu District in the Northern Region between NPP and NDC supporters
when they attempted to erect campaign flags in the same location. The
clashes resulted in six deaths and the burning of houses and vehicles.
An NPP rally in Tamale was disrupted by gunfire, forcing the party's
vice presidential candidate to flee, also in early September. The
incident led to attacks on NDC supporters returning from their own
rally, and in the destruction of houses and vehicles.
In August the Electoral Commission conducted an exercise to update
the voter registry, generally for persons who had turned 18 since the
last update in 2006. The exercise was marked by long lines and
shortages of registration materials. Media reports and accusations by
political party representatives described efforts to register underage
persons and to transport persons into areas to facilitate multiple
registrations. In October, the Electoral Commission (EC) published
revised voter lists with duplicate names removed, and allowed public
review in each constituency of the revised list.
Government Corruption and Transparency.--Corruption in the
executive and legislative branches continued to be a problem. The law
provides criminal penalties for official corruption; however, the
Government did not implement the law effectively, and officials
frequently engaged in corrupt practices. CHRAJ was charged with
investigating alleged violations of human rights, including corruption
of public officials, and taking action to remedy proven violations. The
Attorney General (Ministry of Justice) and the Public Prosecutors
Office are responsible for combating corruption. Parliament's Public
Accounts Committee is also responsible for auditing government
spending. An Auditor General reviews public sector accounts. The
Serious Fraud Unit is an independent government body that investigates
corruption. Officials are subject to a financial disclosure process,
but their responses are not available for public review. The World
Bank's 2008 Worldwide Governance Indicators reflected that corruption
was a problem.
The NDC accused the Government of using anticorruption
investigations to intimidate and harass its members. Opposition parties
charged that corruption continued unabated and that the Government
failed to use the institutions and mechanisms at its disposal to
address the problem. There were reports that government officials
pressured businesses to steer contracts toward favored companies and
individuals.
The case of Nana Konadu Rawlings, wife of former president Jerry
Rawlings, who was accused in 2006 of ``willfully causing financial loss
to the state'' in connection with the purchase of a Ghana Industrial
Holding Corporation cannery,'' was pending at years' end In this case
prosecutors failed to appear in court on November1, 2007 and January
22. A new judge was appointed on July 9. Just prior to leaving office,
President Kufuor announced that the case against Rawlings was to be
discontinued.
On June 18, a court sentenced Tsatsu Tsikata, the former head of
the National Petroleum Corporation, to a five-year prison term for
willfully causing financial loss to the state and to misappropriating
public property. At the time, some aspects of the case were also
pending before the Supreme Court. Opposition parties, the Ghana Bar
Association and some citizens have criticized the judiciary and made
claims of political manipulation, as the individual was not allowed to
exhaust all legal avenues prior to his incarceration. On December 18,
the Court of Appeals ruled that the High Court was in error in
dismissing Tsikata's application for bail. A date has yet to be set for
the new bail hearing. As one of his last acts in office, President
Kufuor announced a pardon for Tsikata, who promptly rejected it, saying
that he intended to clear his name in court.
In November an Accra court convicted four persons of involvement in
a 2006 narcotics trafficking scandal. However, by year's end the
Government had not followed the trial judge's recommendation to
prosecute a leading police official for his alleged complicity.
There were no developments in a separate 2006 case in which the
Government declined to censure the IGP following allegations that a
different senior police official requested a 234,000 cedi
(approximately $200,000) bribe to drop a case against a foreign cocaine
trafficker. The police council and the Government, in separate
statements in 2007, disagreed with the committee's recommendation that
the IGP be censured.
During 2007 CHRAJ received a number of cases following its issuance
of conflict of interest guidelines in 2006. The public and official
response to the guidelines was generally positive.
Although the constitution provides for public access to government
information, parliament did not pass the freedom of information bill,
drafted in 2002, by year's end.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
CHRAJ mediated and settled cases brought by individuals with
grievances against government agencies or private companies.
CHRAJ operated with no overt interference from the Government;
however, some critics questioned its ability to independently
investigate high-level corruption within the Kufuor administration. Its
biggest obstacle was a lack of adequate resources, which resulted in
low salaries, poor working conditions, and the loss of many of its
staff to other government and nongovernmental agencies. However, public
confidence in CHRAJ was high, resulting in an increased workload for
its staff, whose salaries were often delayed due to a chronic lack of
resources and administrative issues. In 2006 the Government began
compensating victims of human rights abuses that occurred during the
various periods of military rule between 1957 and 1993. The victims
were identified by the National Reconciliation Commission, which was
set up by the 2001 National Reconciliation Act to investigate and
document cases of human rights violations during this specific period.
The Government set aside 1.3 million cedis (approximately $1.4 million)
to compensate 2,177 victims. By June 2008 the Government had
compensated 1,268 persons over 700,000 cedis ($730,000). An additional
500,000 cedis ($520,000) was approved, from which 387 victims were paid
by year's end, leaving 522 victims who had not yet been compensated
100,000 cedis ($105,000). There were no new developments during the
year.
The United Nations Development Program (UNDP) has an office in
Accra and implements programs involving governance. The European Union
also operates programs involving governance and justice, as do other
international donors. During the 2008 election the Electoral Commission
accredited observers from the African Union, ECOWAS, the Commonwealth,
European Union, the Carter Center, and several diplomatic missions.
Human rights issues are addressed in Parliament by the Committee on
the Constitution, Legal Issues and Parliamentary Affairs.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination on the basis of race,
gender, disability, language, or social status; however, enforcement by
authorities was generally inadequate. Limited financial resources and a
generally permissive societal attitude toward such discrimination
contributed to its perpetuation. The courts were empowered to
specifically order enforcement of these prohibitions.
Women.--The law criminalizes rape but not marital rape; however,
rape remained a significant and underreported problem. When cases of
rape were reported, perpetrators generally were arrested and
prosecuted. During the year the Domestic Violence and Victim Support
Unit (DOVVSU) of the police noted 227 reports of rape, with 110
reported arrests and seven convictions.
Violence against women, including domestic violence, remained a
significant problem. In February 2007 parliament passed a bill
outlawing domestic violence. In November 2007 the Ministry of Women and
Children's Affairs (MOWAC) held a review meeting for stakeholders on
the draft policy document and national plan on the Domestic Violence
Act.
The police service's Domestic Violence Victim Support Unit (DOVVSU)
handled cases of domestic violence and child abuse, as well as juvenile
offenses. During the year DOVVSU investigated 14,799 cases, of which
7,044 involved nonpayment of maintenance. There were also 1,080
defilement cases and 320 rape cases. DOVVSU worked closely with the
Department of Social Welfare, the national chapter of the International
Federation of Women Lawyers (FIDA), the Legal Aid Board, and several
other human rights NGOs to combat domestic violence.
Prosecution of domestic violence cases remained difficult. Despite
growing public awareness that domestic violence is a crime, government
officials and NGOs did not have evidence that the new law had increased
victims' willingness to report abuse or affected the number of arrests.
Inadequate resources and logistical capacity in DOVVSU and other
agencies, as well as only partial implementation of the Domestic
Violence Act, hindered the full application of the law during the year.
In many cases, victims were discouraged from reporting abuse and from
cooperating with prosecutors because of long delays in bringing such
cases to trial. Victims frequently did not complete their formal
complaints because they could not afford the fees that doctors charged
to document the abuse in police medical forms. Although the law waived
these medical fees, doctors continued to require them in exchange for
signing medical reports. There were credible reports that doctors
sometimes charged more than the rate set by hospital administration to
sign medical forms.
Unless specifically called upon by DOVVSU, police seldom intervened
in cases of domestic violence, in part due to a lack of counseling
skills, shelter, and other resources to assist victims.
In the Northern, Upper East, and Upper West regions of the country,
where belief in witchcraft remained strong, rural women continued to be
banished by traditional village authorities or their families for
suspected witchcraft. Most accused witches were older women, often
widows, who were identified by fellow villagers as the cause of
difficulties, such as illness, crop failure, or financial misfortune.
The banished women went to live in ``witch camps,'' villages in the
north of the country populated by suspected witches, some of whom were
accompanied by their families. Catholic Relief Services and other NGOs
provided food, medical care, and other support to residents of the
camps. Government officials and the regional office of CHRAJ claimed
that the number of women in the witch camps in the Northern Region had
slightly decreased in recent years.
Although there were no confirmed reports of assaults on witches
during the year, experts believed that discrimination and intolerance
towards witches continued.
The Government, under the auspices of the DOVVSU, continued to
charge and investigate persons who committed acts of violence against
suspected witches. Police refrained from pursuing charges against
persons based solely on allegations of witchcraft.
Prostitution is illegal and is subject to criminal prosecution. The
police occasionally stage actions to arrest prostitutes. On December
19, the Ghana Times reported that, based on an interview survey of 251
police officers done by the Police Hospital, 15 percent of police
personnel involved in arrests of sex workers demanded sex in return for
not turning those arrested over for prosecution. Prostitution is
prevalent in the major towns and transportation centers.
There were no laws to specifically protect women from sexual
harassment; however, some sexual harassment cases were prosecuted under
the existing criminal code. Ghana also has a Domestic Violence Act.
Women's advocacy groups reported that sexual harassment was a problem.
Under Chapter 5, Article 17 of the constitution, all persons are to
be treated equally under the law. Women continued to experience
discrimination in access to employment. Women in urban centers and
those with skills and training encountered little overt bias, but
resistance to women entering nontraditional fields persisted. Women,
especially in rural areas, remained subject to burdensome labor
conditions and traditional male dominance. Traditional practices and
social norms often denied women their statutory entitlements to
inheritance and property, a legally registered marriage with the
associated legal rights, and the maintenance and custody of children.
There were female entrepreneurs, but poor access to credit remained a
serious barrier for women who wanted to start or expand a business.
Women's rights groups were active in educational campaigns and in
programs to provide vocational training, legal aid, and other support
to women. The Government was involved in educational programs, and many
officials were advocates of women's rights.
Children.--The Government was committed to protecting the rights
and welfare of children, although its efforts were constrained by
limited financial and logistical resources.
Not all births are registered with the Government. Although a birth
certificate is not a legal precondition to attend school, in practice
some children were reportedly denied education because their births
were not registered.
Education is compulsory from preprimary through junior secondary
school. Despite the constitutional provision for ``free compulsory and
universal basic education,'' parents were required to purchase uniforms
and writing materials. The Government provided textbooks.
According to the Ministry of Education, Science, and Sports, the
gross enrollment rate during the 2007-08 school year (the gross
enrollment rate was 95 percent at the primary level, with 92.8 percent
for girls and 97.1 percent for boys. At the junior secondary school
(JSS) level, 78.8 percent of eligible children were enrolled, with 75.2
percent enrollment for girls and 82.2 percent for boys. Some children
did not attend school because they worked to supplement their family's
income or lived far from the closest school. Many schools, particularly
in rural areas, had insufficient teachers and were under-resourced. The
indirect economic cost associated with enrollment, including lost wages
from children not in the labor force, was a significant obstacle for
many children's families. In addition, authorities did not regularly
enforce children's attendance, and parents were rarely sanctioned for
keeping their children out of school.
The Government continued its Capitation Grant program, paying
schools approximately three cedis (approximately $3.35) per school year
per child to cover cultural, sports, and other school fees. The
National School Feeding Programme also helped alleviate the incidental
costs associated with school attendance.
The Government strongly supported the UN's Education for All goals.
During the year the Ghana Education Service (GES) actively campaigned
to expand education for girls by providing scholarships at the JSS and
Senior Secondary School levels and by offering financial incentives and
free housing to female teachers to work in some rural areas. The GES
placed girls' education officers at regional and district levels, and
there were community participation coordinators in every district
office to mobilize communities to increase school enrollments for
girls.
The law prohibits defilement, incest, and sexual abuse of minors,
but such abuse remained a serious problem. There were frequent reports
that male teachers sexually assaulted and harassed female students.
Girls often were reluctant to report these incidents to their parents,
and social pressure often prevented parents from going to authorities.
During the year there continued to be press reports of teachers and
headmasters/headmistresses either arrested for sexual harassment of
female students or dismissed for ignoring reported problems.
During the year DOVVSU received 1,080 cases of suspected child
defilement and thirteen cases of attempted defilement.
The law prohibits female genital mutilation (FGM), but it remained
a serious problem in the northern regions of the country. Type II FGM-
defined by the World Health Organization as the excision of the
clitoris with partial or total excision of the labia minora-was more
commonly performed than any other type. The typical age at which a girl
was excised was 15, although it was often performed on younger girls.
According to a 2005 study conducted by the Ministry of Health,
approximately 15 percent of women and girls between 12 and 19 in the
three northern regions had undergone FGM, although some observers
believed that NGO- and government-sponsored awareness campaigns
regarding the illegality of FGM had driven the practice underground,
and that the actual rate in these regions was as high as 30 percent.
One NGO stated that girls are also taken to Burkina Faso to undergo
FGM.
Sylvester Kyei-Gyundi, Head of the Information Research Advocacy
Division of the Department of Children, says that national efforts
focused on negative cultural practices (including FGM) have yielded
positive results. Intervention programs were somewhat successful in
reducing the prevalence of FGM. Officials at all levels, including
traditional chiefs, continued to speak out against the practice, and
local NGOs continued educational campaigns to encourage abandonment of
FGM and to train practitioners in new skills so they could seek
alternate sources of income. There were no prosecutions of
practitioners during the year.
Forced child marriage, which is illegal, remained a problem. CHRAJ
and NGOs reported that the problem had not improved during the year.
The migration of children to urban areas increased due to economic
hardship in rural areas. Children were often forced to support
themselves to survive, increasing both the occurrence of child labor
and the school dropout rate. Girls under 18 were among the most
vulnerable child laborers, as many also engaged in prostitution or were
sexually exploited in exchange for protection while living on the
streets.
Local and international NGOs worked with the Government to promote
children's rights and were somewhat successful in sensitizing
communities about protecting the welfare of children.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons and provides for a minimum prison sentence of five years for
convicted traffickers. The country is a source, transit, and
destination country for women and children trafficked for the purpose
of forced domestic and commercial labor and sexual exploitation.
The number of trafficked victims was unknown, although NGOs
estimated the number to be in the thousands annually. During the year
DOVVSU received reports of twenty cases of child trafficking. Numbers
reported in the media and obtained from police sources indicate that
the actual figure is higher.
Trafficking was both internal and international, with the majority
of trafficking in the country involving children from impoverished
rural backgrounds. The most common forms of internal trafficking
involved children, mostly boys from the Northern Region, going to work
in the fishing communities along Lake Volta or in small mines in the
west, and girls from the north and east going to Accra and Kumasi to
work as domestic helpers, porters, and assistants to local traders.
Local and international NGOs reported these children were often
subjected to dangerous working conditions and were sometimes injured or
killed as a result of the labor they performed. Local authorities
supported projects sponsored by the International Organization of
Migration (IOM) and other organizations to decrease the incidence of
such trafficking. IOM and various NGOs offered microcredit assistance
and education to families who agreed not to provide their children to
traffickers and to those whose children had been trafficked.
Children between the ages of seven and 17 also were trafficked to
and from the neighboring countries of Cote d'Ivoire, Togo, The Gambia,
Nigeria, and Equatorial Guinea to work as farm workers, laborers,
divers, street hawkers, or domestics. Benin and Burkina Faso were also
destination countries for trafficked children.
Much of the recruitment of children was done with the consent of
the parents, who sometimes were given an advance payment or promised
regular stipends from the recruiter and were told the children would
receive food, shelter, and often some sort of training or education.
Some parents sent their children to work for extended family members in
urban areas. In other cases, children were given to professional
recruiters, usually women, who placed the children with employers in
cities. In many cases the children never received the education or
vocational training the recruiters promised.
Women also were trafficked to Western Europe, mostly to Italy,
Germany, and the Netherlands. International traffickers promised the
women legitimate jobs; however, the women often were forced into
prostitution once they reached their destination. Women were sometimes
sent directly to Europe while others were trafficked through third
countries. Some young women were trafficked to the Middle East,
particularly Lebanon, where they worked in menial jobs or as domestic
help. There were also reports that women from Nigeria, Benin, Togo, and
Burkina Faso were trafficked through the country in transit to Western
Europe or the Middle East to work in the commercial sex industry.
Traffickers sometimes operate under the guise of being employment
agents, promising work as domestics or in other fields.
Under the anti-trafficking law, DOVVSU has responsibility for
enforcement, and the Department of Social Welfare within the Ministry
of Manpower, Youth and Employment (MMYE) has responsibility for victim
assistance, including locating family members and providing temporary
shelter, counseling, and job skills training. Local police and social
welfare officials reported insufficient resources to implement the law,
particularly in rural areas without police stations.
In Tarkwa, on May 15, two men were convicted and sentenced to 20
years each for conspiracy and slave dealing after attempting to sell a
16-year-old carpenter.
The Human Trafficking Act of 2005 (Act 694) established the Human
Trafficking Board. In 2007 the Government established a 17-member Human
Trafficking Board composed of all concerned ministries, the security
services, the private sector, and other stakeholders.
The Government, the International Labor Organization (ILO), and
NGOs continued to train security forces, immigration authorities,
customs officials, and police on the new trafficking law. The Border
Patrol Unit, part of the Immigration Service, is responsible for
monitoring the flow of travelers in and out of the country,
particularly along unapproved routes. By year's end officials of the
Immigration Service, including the Border Patrol Unit, identified 26
traffickers who were transferred to the police. Various ministries
worked with the ILO's International Program on the Elimination of Child
Labor (ILO/IPEC), the IOM, and NGOs to address trafficking. The MMYE,
in conjunction with ILO/IPEC, continued to implement a National Plan of
Action for the Elimination of Child Labor. International and local NGOs
and MOWAC worked to identify and return children trafficked to fishing
villages, and to support the fishermen's transition to alternate forms
of income generation.
Authorities made ad hoc efforts to shelter and reintegrate
trafficking victims from the country and other West African countries.
However, the Government devoted little attention to rehabilitating
child trafficking victims. The Trafficking Victims fund, established by
the Government in 2006 was not funded. In December the MOWCA hosted an
event for NGO and foreign donors and asked for contributions to the
trafficking fund.
During the year the Government continued to conduct community
meetings and workshops for media and police to raise awareness of the
trafficking law.
In January the police raided an area of brothels in Accra known as
Soldier Bar, rescuing 160 women and children. Due to a lack of adequate
facilities to care for and protect the victims, most of the women
rescued left the facility where they were being sheltered within a day
or two of being rescued.
During the year the police made a number of rescues of children
being trafficked. In July 155 children being transported in four
minibuses were rescued while being transported to Cote d'Ivoire (CDI).
In August police rescued 12 children in a vehicle, also heading to CDI.
In the same month, 10 girls, ages five to 15, were rescued from a
vehicle near Accra. In July 15 children were rescued from a Koranic
teacher in Bimbilla, Northern Region. The teacher was forcing the
children to beg. The teacher was arrested on child welfare charges,
although the police planned to also charge him with trafficking. The
teacher was released on bail and reportedly sought the protection of a
local chief. At year's end the court case continued, and the children
remained in protective custody.
Persons With Disabilities.--In 2006 parliament passed legislation
that specifically provides for the rights of persons with disabilities,
including protection against exploitation and discrimination in
employment, health care, and other domains. While the Government did
not systematically or overtly discriminate against persons with
disabilities, such persons often experienced societal discrimination.
The law provides persons with disabilities access to public buildings
as far as is practical. The national council for the disabled, mandated
by law, was not established by year's end. Activists supporting the
rights of persons with disabilities complained of the slow
implementation of the Persons with Disability Act, especially the lack
of legislative instruments to implement the new law. Despite the legal
protection provided in the law, discrimination against disabled persons
in employment and the inaccessibility of public buildings continued to
be problems.
According to the Ghanaian Times of July 28, Yakubu Busanga, a
hunchback, was killed and his hump removed. The attack may have been
motivated by an effort to obtain body parts for use in ritual
practices. In September there were reports from Bibiani District of
three hunchbacks being murdered for body parts which apparently were to
be used in rituals. Persons with both mental and physical disabilities
were frequently subjected to abuse and intolerance. Some religious
groups believed that persons with mental disabilities were afflicted by
demons which should be exorcised. The abuse of children with
disabilities was common. In previous years there were reports that
children with disabilities were tied to trees or under market stalls
and caned regularly and of family members killing children with
disabilities.
Human rights activists expressed concerns about camps in which
individuals believed to be possessed by evil spirits were chained up
for weeks, physically assaulted, and denied food and water. The camps
targeted persons with mental illnesses. Camp supervisors diagnosed
mental illness as a ``demonic affliction'' and prevented patients from
consuming food or water, often for seven consecutive days, to cleanse
victims of their evil spirits. Some victims were estimated to be as
young as six years old. Families sent these victims to be exorcised of
evil spirits or cured of their physical or mental illnesses. Victims
were held at the camps until they were considered to be healed. Reports
indicate that these practices occurred in the Greater Accra, Eastern,
Central, Western, Ashanti, and Brong Ahafo regions. During 2006 visits
to prayer camps, foreign embassy observers witnessed more than 100
persons who were forcibly chained to beds or posts and one windowless
cell designed for persons with mental illness. The Commonwealth Human
Rights Initiative released a report during the year on prayer camps
based on interviews with current and former inmates. The report found
that insufficient financial resources was a burden faced by many
families caring for mentally ill members, and that prayer camps were an
available option. The CHRI called for regulation of prayer camps. There
are several government agencies and NGOs involved in addressing
discrimination against persons with disabilities, including the
Ministry of Health, the Department of Social Welfare in the MMYE, the
Ministry of Education, and the Center for Democratic Development.
National/Racial/Ethnic Minorities.--Although the Government
deemphasized the relevance of ethnic differences, its opponents
complained that appointed senior government positions were dominated by
Ashantis and other Akans at the expense of Ewes and northerners.
President Kufuor and some of his ministers and close advisors were
Ashanti, but the vice president and many ministers were of other ethnic
origins. President Mills will name a new cabinet and senior
administration in early 2009.
There were numerous small-scale conflicts within ethnic groups
during the year, most of which related to chieftaincy and land use
issues. Efforts by NGOs to encourage reconciliation continued during
the year.
Other Societal Abuses and Discrimination.--The law criminalizes
homosexuality, and lesbians and gays faced widespread discrimination,
as well as police harassment and extortion attempts. There is a minimum
misdemeanor charge for homosexual activity, and homosexual men in
prison often were subjected to sexual and other physical abuse.
Discrimination against persons with HIV/AIDS was a problem, and the
fear of being stigmatized continued to discourage persons from being
tested for HIV infection.
The Government and NGOs subsidized many centers that provided free
HIV testing to citizens, although there were reports that
confidentiality was not consistently respected.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers, except for
the armed forces, police, the prison service, and some other security
and intelligence agency personnel, to form and join unions of their
choice without previous authorization or excessive requirements, and
workers exercised this right in practice. While unions no longer must
seek government approval before registering, the 2003 Labor Act
requires that trade unions or employers' organizations must register
and be authorized by the chief labor officer to obtain a certificate of
registration and be considered legal. The percentage of workers
belonging to unions decreased in recent years, in part because of a
relative lack of employment opportunities in the formal, unionized
sectors that led many new entrants to the workforce to enter the
informal sector. Moreover, some workers previously employed in the
formal sector lost their jobs.
The law recognizes the right to strike but restricts that right for
workers who provide essential services, including ``areas in an
establishment where an action could result in a particular or total
loss of life or pose a danger to public health and safety and such
other services as the minister may by legislative instrument
determine.'' During the year the Minister of Manpower, Youth and
Employment formally designated the list of essential services. The list
included services carried out by utility companies (water, electricity,
etc.), ports and harbors, medical centers, and the Bank of Ghana. In
the case of these essential services, the parties to any labor disputes
are required to resolve their differences within 72 hours; the deadline
was meant to put pressure on employers and employees to operate
efficiently with limited interruptions. The right to strike can also be
restricted for workers in private enterprise whose services were deemed
essential to the survival of the enterprise by a union and an employer.
A union may call a legal strike if the parties fail to agree to refer
the dispute to voluntary arbitration or if the dispute remains
unresolved at the end of arbitration proceedings. No union had ever
gone through the complete dispute resolution process, and there were
numerous unsanctioned strike actions during the year. There had been no
legal strikes since independence.
In February workers of the state-owned Ghana Railway Company went
on a seven-week strike demanding payment of four months outstanding
salaries, a 150 percent salary increase, and the removal of their
management. The workers called off the strike following a meeting with
government officials and an agreement to establish a committee to
review the union's collective bargaining agreement, which had lapsed in
2000.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. However, the armed forces,
police, prison service, security and intelligence personnel, and
workers with policy making and managerial functions do not have any
possibility of bargaining. The law provides a framework for collective
bargaining, and trade unions engaged in collective bargaining for wages
and benefits with both private and state-owned enterprises without
government interference. However, only unions that represented the
majority of workers in a given company can obtain a Collective
Bargaining Certificate, which is required to engage in collective
bargaining.
The labor law prohibits antiunion discrimination by employers;
however, some employers continued to fire employees for union activity
contrary to the law.
Attempts by some workers to form unions have allegedly led to
unfair treatment by employers. In July the chairman and secretary of
the Senior Staff Association of the Bank of Ghana (the nation's central
bank) were dismissed following a protracted dispute over unionizing of
senior staff. In July the union vice-chairman of a micro-finance
company was dismissed for soliciting union membership on the firm's
premises.
In January a high court judge ruled that an employer is not
required to provide a reason for the termination of employment,
providing appropriate notice is served in accordance with the contract
of employment. The Ghana Trade Union Congress is urging the Government
to ratify ILO Convention 158 to provide for worker rights. Existing
labor law applies in export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred.
The law provides for employers found guilty of using forced labor
to be fined no more than 250 penalty units (each unit is assigned a
monetary value adjusted for the fluctuating exchange rate); however,
limited resources inhibited the Government's implementation of the law,
and no fines were levied during the year. During the year the ILO
continued to urge the Government to revise various legal provisions
that permit imprisonment with an obligation to perform labor.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum employment age at 15 years and 13 years for
employment that is not likely to be harmful to the child and does not
affect the child's attendance or capacity to benefit from school. The
law prohibits night work and certain types of hazardous labor for those
under 18, and provides for fines and imprisonment for violators;
however, child labor remained a serious problem in the informal sector.
The law allows for children age 15 and above to have an apprenticeship
under which craftsmen and employers have the obligation to provide a
safe and healthy work environment along with training and tools.
However, child labor laws were not always enforced effectively or
consistently, and law enforcement officials, including judges, police,
and labor officials, were sometimes unfamiliar with the provisions of
the law that protected children. During the year the MOWAC continued to
conduct seminars on child labor to educate the media, police, civil
servants, and the general public. Local custom and poverty encouraged
children to work to help support their families and eroded societal
observance of minimum-age laws.
Children as young as seven worked in agriculture and as domestic
laborers, porters, hawkers, miners, quarry workers, and fare
collectors. The fishing industry on Lake Volta had a particularly high
number of child laborers engaged in potentially hazardous work, such as
diving into deep waters to untangle fishing nets caught on submerged
tree roots. Child laborers were poorly paid and physically abused; they
received little or no health care and generally did not attend school.
According to government labor officials and the Ghana Employers
Association, child labor problems were infrequent in the formal labor
sector.
The law prohibits forced and compulsory labor by children; however,
during the year children were reportedly sold, leased, or given away by
parents to work in agriculture, fishing villages, quarries and mines,
shops, or homes. It was difficult to determine the extent to which
forced and bonded labor by children was practiced.
There were newspaper reports of children being sold into
involuntary servitude for either sexual exploitation or labor, such as
10-to-12-year-old boys working for fisherman in exchange for a yearly
remittance to their families. The practice often involved the consent
of their generally impoverished parents. The media runs regular stories
about children being used in involuntary servitude. In July police
stopped four vans in Western Ghana, carrying 155 children toward Cote
d'Ivoire. The children were believed to be going to work in
agricultural areas.
The extent of child labor in the cocoa industry was better known
following the June release of the Ministry of Manpower, Youth and
Employment's ``Cocoa Labour Suvey in Ghana,'' part of its National Plan
for the Elimination of the Worst Forms of Child Labor. The survey found
that children involved in cocoa work were generally the children of
cocoa farmers, that an estimated 90 percent of the children working in
the cocoa sector were attending school (although often schools of poor
quality), and no evidence of forced child labor or instances of the
trafficking of children in the sector. The survey also found that 47
percent of the children interviewed had participated in at least one
hazardous cocoa activity during the previous farming season. Some of
the more common hazardous activities included working without
protective clothing, using a cutlass to clear weeds, or being in the
vicinity of the spraying of agro-chemicals. Only 1.5 percent of the
children interviewed reported working with agrochemicals.
Inspectors from the Labor Department of the MMYE are responsible
for enforcement of child labor regulations, and district labor officers
and the social services subcommittees of district assemblies are
charged with seeing that the relevant provisions of the law are
observed by annually visiting each workplace and making spot checks
whenever they receive allegations of violations. Inspectors are
required to provide employers with information about child labor
violations and effective means to comply with provisions of the Labor
Act. However, the Government did not provide sufficient resources to
law enforcement and judicial authorities to conduct these efforts.
The MMYE has been involved in sensitizing district assemblies on
child labor issues in the cocoa sector. The MMYE chairs a National
Steering Committee for the elimination of child labor and a national
subcommittee on child labor in the cocoa sector.
During the year the MOWAC carried out awareness-raising initiatives
disseminating results of a 2005 study of child labor practices in cocoa
farming. The Ministry of Employment also worked closely with NGOs and
the cocoa industry to better understand the role of children in the
cocoa sector and to encourage changes, though the program to eliminate
the worst forms of child labor in the cocoa industry.
ILO/IPEC, government representatives, the Trade Union Congress, the
media, international organizations, and NGOs continued to build upon
the National Plan of Action for the Elimination of Child Labor in Ghana
by increasing institutional capacity to combat child labor. With the
support of the Government, NGOs and foreign governments funded more
recent programs to combat child labor. Education and sensitization
workshops were conducted with police, labor inspectors, local
governments, and communities. Forums were held throughout the country
to develop and implement an ILO/IPEC Time-Bound Program, which aimed to
eliminate all forms of child labor under specified time periods and
benchmarks.
e. Acceptable Conditions of Work.--A National Tripartite Committee
composed of representatives of the Government, labor, and employers set
daily minimum wages. The daily minimum wage of 1.60 cedis
(approximately $1.65) during the year did not provide a decent standard
of living for a worker and family. Furthermore, there was widespread
violation of the minimum wage law in the formal sector and there was no
official minimum wage for the growing informal labor force. In most
cases households had multiple wage earners, and family members engaged
in some family farming or other family-based commercial activities. The
MMYE was unable to credibly enforce this law.
In June 2007 the president signed legislation creating a Fair Wages
and Salaries Commission charged with ensuring fair, transparent, and
systematic implementation of the Government public service pay policy;
advising government on matters related to salaries, wages, grading,
classification, job analysis and job evaluation; and ensuring that
decisions on those issues are implemented. By the end of the year the
commission was not fully operational.
The law sets the maximum workweek at 40 hours, with a break of at
least 48 consecutive hours every seven days. Workers were entitled to
at least 15 working days' leave with full pay in a calendar year of
continuous service or after having worked at least 200 days in a
particular year. However, such provisions do not apply to task workers
or domestic workers in private homes, nor elsewhere in the informal
section.
Occupational safety and health regulations exist, and the Factories
Department within the MMYE was responsible for imposing sanctions on
violators; employers who failed to comply were liable to a fine not
exceeding one thousand penalty units, to imprisonment for a term not
exceeding three years, or to both. The law requires that employers
report, no later than seven days from the date of occurrence,
occupational accidents and diseases. In practice, safety inspectors
were few and poorly trained, and they lacked the resources to
effectively respond to violations. Inspectors did not impose sanctions
or otherwise respond to violations during the year.
In September CHRAJ issued a report, ``The State of Human Rights in
Mining Communities in Ghana.'' The report found evidence of widespread
violations of human rights in mining areas of the country. The report
documents abuses by the security services in mining areas, particularly
of galamseys, or independent, artisanal miners whose operations
sometimes conflict with larger, concessionary miners. The report also
notes that environmental damage from mining, especially to water
resources, has impacts on both public health and on the loss of
livelihoods. Blasting in mine sites also caused damage to private
property.
The report cites examples of private and GOG security forces
abusing small scale miners. In the Obuasi area of Western Ghana
independent miners suspected of stealing equipment from a nearby mine
were arrested and beaten by undisclosed security service members. The
report cited a 2006 incident in Wassa West area where members of the
Ghana military covered pits where independent miners were known to be
digging. The miners were able to extract themselves.
__________
GUINEA
Guinea's constitution was suspended by a military junta that seized
power in a coup on December 23, hours after the death of former
President Lansana Conte. Before the coup, Guinea was a constitutional
republic in which effective power was concentrated in a strong
presidency. President Lansana Conte and his Party for Unity and
Progress (PUP) ruled this country of approximately 9.9 million persons
from 1984 to 2008, first as head of a military junta and, after 1994,
as a civilian president. President Conte won reelection in 2003 in an
election that the opposition boycotted and international observers
criticized as neither free nor fair. Following a nationwide labor
strike in January and February 2007 and a negotiated agreement,
President Conte accepted the installation of a consensus government
under Prime Minister Lansana Kouyate, whom he later dismissed and
replaced with Ahmed Tidiane Souare on May 20. Following the December 23
coup, the Council for Democracy and Development (CNDD) assumed power
and proclaimed Captain Moussa Dadis Camara as the country's new head of
state. The CNDD dismissed the National Assembly leaving the country
without a legislative institution. The CNDD later named a civilian
prime minister, Kabine Komara. Technically, the prime minister serves
as head of government while the president serves as head of state,
although the divisions of power are unclear. The civilian authorities
generally did not maintain effective control of the security forces.
Serious human rights abuses occurred during the year. Security
forces tortured and abused detainees to extract confessions, and
killed, beat, and abused civilians. Prison conditions were inhumane and
life threatening. Perpetrators of killings and abuse acted with
impunity. There were arbitrary arrests, prolonged pretrial detention,
and incommunicado detention. The judiciary was subject to corruption
and outside influence. The Government infringed on citizens' privacy
rights and restricted freedoms of speech, press, assembly, association,
and freedom of movement although these restrictions were less evident
than in previous years. Violence and societal discrimination against
women, prostitution of young girls, and female genital mutilation (FGM)
were problems. Trafficking in persons, ethnic discrimination, forced
labor, including by children occurred.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
security forces killed a number of citizens. The Government did not
investigate any of these cases and took no legal or disciplinary action
against security force members responsible for the killings.
From May 27-29 a military mutiny in Conakry took place in which
armed soldiers killed at least four persons and injured approximately
100 others. On May 29, soldiers in Kindia fired into the air in support
of the military mutineers in Conakry. A falling bullet killed a petty
officer who was on duty. During the mutiny uniformed security personnel
shot and killed a 22-year- old man while they were robbing him even
though the victim reportedly did not resist the attack. In response to
mutineers' demands, the Government released approximately 200 military
and police officers who had been detained, but never charged, due to
the strike-related violence in early 2007.
On June 17, soldiers in Conakry killed 14 police officers after
surrounding police headquarters in response to a police labor strike.
There were no developments in the investigations of the deaths and
injuries that occurred in 2007 during the nationwide labor strike and
subsequent period of civil unrest, during which security forces killed
between 137 and 186 people, and injured approximately 1,700 others. In
addition, there were no developments in the February 2007 cases in
which security forces killed Mamadou Salam Bah and Aissatou Bah.
Government authorities continued to block efforts by human rights
groups and nongovernmental organizations (NGOs) to investigate
political killings that took place in the 1970s under then president
Sekou Toure.
Mob violence at times led to 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,
both civilian and military forces beat and otherwise abused civilians.
There also were reports that security forces tortured and beat citizens
to extract confessions and employed other forms of brutality. NGOs
reported ongoing torture in Conakry's main prison and police detention
facilities. The Government did not investigate any of these cases and
took no legal or disciplinary action against security force members
responsible for the abuses.
In late February the former government released Lansana Komara, a
university professor and member of the opposition political party Rally
for the Guinean People (RPG). Komara had been arbitrarily arrested and
imprisoned in December 2007. A foreign observer reported seeing
physical evidence of severe beatings and torture on Komara, including
marks around his neck. Komara claimed that military personnel had
nearly strangled him to death with a tightened wire in order to extract
a confession of treason.
On May 6, a foreign observer spoke with a recent torture victim at
the Conakry Central Prison who was still recovering from large
abrasions all over his body. The victim claimed that Conakry police
officers had tortured him a few days before transferring him to the
prison.
The local NGO Terres des Hommes released a study in May on
conditions for minors at Conakry's Central Prison. The NGO reported
observing two cases of severe torture by police reportedly inflicted
prior to the minors' incarceration.
Local press reported with photographic evidence that, on November
21, Army Lieutenant Claude Pivi authorized the torture of six
Cameroonian citizens accused of stealing from his vehicle. Soldiers
reportedly beat and tortured the victims for four hours, including
forcing them to crawl naked over burning coals and tossing burning
plastic bags on their bodies. The Government had not investigated the
incident by year's end, and after the December coup, Claude Pivi was
named as a member of the CNDD, and then subsequently appointed as the
new minister of presidential security.
Unlike the previous year, there were no reports of security force
beatings of demonstrators or rapes of civilians.
No action was taken against security forces responsible for torture
and related abuses reported in 2006 and 2007.
NGOs reported that vigilante violence was common since many victims
of crime feared they would not receive justice due to judicial
corruption or they believed that sentences served were inadequate.
According to one NGO, citizens in N'Zerekore sometimes waited outside
the local prison to attack and sometimes burn released convicts to
death. On November 12, civilians in Siguiri stoned Fanta Camara to
death after a local radio station publicly identified her as a child
trafficker. The next day, the radio station retracted its report,
acknowledging that it had misidentified the woman. There were no
investigations or arrests made regarding the case by year's end.
Prison and Detention Center Conditions.--There are at least three
types of prisons under three separate authorities: the Ministry of
Justice, the Ministry of Defense, and the gendarmerie. As access to the
military and gendarmerie prisons is strictly controlled with little or
no international access permitted, very little is known about
conditions in these facilities. NGOs estimate that there are between
2300 and 3500 prisoners (including between 100 and 175 females)
incarcerated in 32 civilian prison facilities nationwide.
Although the Ministry of Justice administers the prisons, the
facilities were managed and staffed by military officers and guards.
There were reports that some prison administrators followed directives
from their military superiors, even when they were in conflict with
orders from the Ministry of Justice. Due to limited funds and personnel
shortages, prisons were largely staffed by untrained and unpaid
``volunteers'' who hoped for permanent entry into the military. This
system was difficult to manage and particularly vulnerable to
corruption and abuse.
During the year most of the country's prisons were restored after
having been destroyed during the 2007 civil unrest. An international
NGO helped renovate 10 prisons and some communities, in coordination
with local government authorities, converted vacant government
buildings into prison facilities.
Prisons were overcrowded, and conditions remained inhumane and life
threatening. Neglect, mismanagement, and lack of resources were
prevalent. Some Conakry prisoners reported sleeping on their knees
because their cells were so small. The Conakry Prison was originally
built to hold 200 prisoners, but held 1,055 prisoners at year's end.
NGOs reported that the N'Zerekore prison was in extremely poor
physical condition, and severely overcrowded with approximately 60
prisoners squeezed into two small cells with no access to fresh air or
daylight.
Although the law condemns torture and other abuse, the Government
took no action against alleged torturers. Prisoners, including
children, bore similar wounds and shared common stories. According to
NGOs, prisoners claimed that guards routinely threatened, beat, and
otherwise harassed them. According to a local prisoner advocacy NGO, 52
percent of the prisoners at the Conakry Central Prison displayed
evidence of torture, including scars from cigarette and plastic burns,
head injuries, burned hands, and skin lacerations. Prisoners were
reportedly routinely tortured to extract confessions or to extort
money.
Reports from NGOs indicate prison guards routinely harassed and
sexually assaulted female inmates. One NGO reported that girls under
the age of 18 were regularly subjected to sexual exploitation and
harassment by prison guards in exchange for favors, especially
provision of additional food or water. According to a prisoner advocacy
NGO, a prison administrator in Kankan routinely sexually abused a
female prisoner serving out a life sentence, and she subsequently gave
birth to a child during the year. No action was taken against the
administrator by year's end.
NGOs reported endemic malnutrition throughout the prison system. On
a routine visit to a small prison in Telimele, a medical doctor working
for an NGO estimated that 10 of the prison's 12 inmates suffered from
life-threatening levels of malnutrition. Prisoners reported eating one
meal a day consisting primarily of white rice and occasionally dried
fish. Most inmates relied on assistance from families or friends to
maintain their health, or benefited from NGO-sponsored nutrition
programs. Guards often demanded bribes in exchange for delivering food
to those incarcerated, and routinely confiscated food, which was seldom
delivered to the intended beneficiary.
Toilets did not function, and prisoners slept and ate in the same
space used for sanitation purposes. Poor sanitation, malnutrition,
disease, lack of medical attention, and poor conditions resulted in
dozens of deaths. No estimates were available as to the nationwide
mortality rate of prisoners, although a local prisoner advocacy NGO
reported 92 deaths in Conakry's main prison during the year.
During the year a prison administrator arrested in Mamou in 2006
for raping a female inmate was found innocent because he claimed that
he and the prisoner were in love.
There were no further developments in the 2006 case of a prison
administrator raping a female inmate in Kindia. Unlike in previous
years, there were no reports of female prisoners being sent to work at
private homes of government officials.
Some prisoners exercised more power than the guards by controlling
conditions and cell assignments, giving better conditions to prisoners
who were able to pay.
In most prisons, men and women were held separately, but juveniles
generally were held with adults in prisons outside the capital. Local
NGOs reported that male juveniles were held separately from adult males
at Conakry's Central Prison. However, juvenile and adult females were
confined together, and were not given the same freedoms as their male
counterparts, such as access to fresh air. In 2006 an international NGO
reported the prevalence rate of HIV/AIDS among incarcerated male minors
was as high as 50 percent, suggesting sexual abuse. A 2008 study by a
local NGO reported skin lesions on 41 percent of juvenile inmates,
which it attributed to sexual abuse.
Nationwide figures regarding incarcerated minors were unavailable,
but a local NGO reported that 149 children were incarcerated at Conakry
Central Prison. Approximately 85 percent of them had not been formally
charged or tried. Several had been imprisoned for more than six years.
Unlike in previous years, there was no information available as to
numbers of children incarcerated with their mothers.
In July local media reported that a two-year-old girl died in a
detention center in Fria where she was being held with her mother. The
NGO Terre des Hommes reported that only five of 117 juvenile inmates
had obtained access to legal representation during the year. The
Government did not make provisions for children's food, clothing,
education, or medical care in prison.
First-time offenders were not separated from repeat offenders,
pretrial detainees were not separated from convicted prisoners, and the
prison system often was unable to track pretrial detainees after
arrest. Political prisoners were reportedly held either at the
gendarmerie prison PM3 or at the main prison in Conakry, but housed in
separate cells from the general population.
The Government permitted prison visits by the International
Committee for the Red Cross (ICRC) and other local humanitarian and
religious organizations which offered medical care and food for those
in severe need. The ICRC was allowed regular access to all official
civilian detention facilities; however, no international organization
was permitted access to the military detention facilities. The ICRC
continued partnership programs with prison and security authorities to
improve prison conditions. During the year a local NGO attempted to
visit a major military prison on Kosa Island, but government officials
claimed that the facility was not a prison.
The Government generally provided open access to prisoners and
allowed interviews to be conducted outside the presence of prison
guards or other government authorities, but only in civilian-run
prisons.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, security forces did
not observe these prohibitions.
Role of the Police and Security Apparatus.--The gendarmerie, a part
of the Ministry of Defense, and the National Police, under the Ministry
of Security, share responsibility for internal security. The army is
responsible for external security but also plays a role in domestic
security. A quasi police unit called the Anticrime Brigade, created to
fight criminal gangs and bandits, operated in Conakry and in most major
regions and prefectures. The Code of Penal Procedure permits only the
gendarmerie to make arrests, but the army, the Presidential Guard (Red
Berets), and the state police often detained persons as well.
The police force was inadequately staffed and lacked training. In
addition, a number of police officers were part of a ``volunteer''
corps that did not receive a salary. Administrative controls over the
police were ineffective, and security forces rarely followed the penal
code. Corruption was widespread, and security forces generally were not
held accountable for abuses of power or criminal activities. Many
citizens viewed the security force as corrupt, ineffective, and
dangerous. Police ignored legal procedures and extorted money from
citizens at roadblocks. The Government did not take any action to train
or reform security forces, although several NGOs conducted training
programs.
During the week-long military mutiny in May, soldiers fired into
the air, killing at least four people and injuring approximately 100
others. Soldiers also robbed persons at gunpoint, looted businesses,
and otherwise threatened the civilian population.
Arrest and Detention.--The penal code stipulates that the arrest of
persons in their home is illegal between 4:30 p.m. and 6:00 a.m.;
however, night arrests occurred. The penal code also requires the
Government to issue a warrant before an arrest can be made and that
detainees be charged before a magistrate within 72 hours; however, many
detainees were incarcerated for longer periods before being charged.
After being charged, the accused may be held until the conclusion of
the case, including a period of appeal. Authorities routinely did not
respect the provision of the law that provides for access by attorneys
to their clients. Although the law proscribes incommunicado detention,
it occurred in practice. Release on bail was at the discretion of the
magistrate who had jurisdiction. The law allows detainees prompt access
to family members, although such access may be in the presence of a
government official.
Security forces occasionally arrested demonstrators during the
year, detaining them for several hours before releasing them. During
the May military mutiny, the Government released dozens of soldiers who
had been imprisoned without charge since early 2007 on suspicion of
human rights abuses committed during a nationwide labor strike and
resulting period of civil unrest.
In late February the Government released opposition political party
member Lansana Komara from prison after having arrested and detained
him since December 2007 without charge.
Gendarmes detained an unknown number of active and former-military
personnel for unspecified reasons. Credible human rights sources
reported that the treatment of these detainees was not monitored by
independent agents. One international NGO reported that at PM3, the
main gendarmerie prison, gendarmes routinely arrested civilians and
detained them until they paid bribes for their release. In violation of
the law, an unknown number of prisoners reportedly were held on army
bases where virtually all contact was forbidden.
Prolonged pretrial detention was a serious problem. Local and
international NGOs estimated that 85 percent of all prisoners were
awaiting trial.
Judicial inefficiency, corruption, and lack of political will
contributed to high pretrial detention rates. Many detainees have
remained in prison for more than 10 years without trial. For example,
both Abdoulaye Camara and Mohamed Diasy reportedly have served 12 years
at the central prison on burglary charges without judgment or
sentencing. At least one of them has suffered permanent paralysis as a
result of prison conditions. Another prisoner, Thierno Barry, has been
in the Conakry Central Prison without judgment or sentencing since his
arrest in 1991.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, but judicial officials often deferred to
executive authorities. The judicial system was endemically corrupt, and
magistrates were civil servants with no assurance of tenure.
Authorities routinely accepted bribes in exchange for specific
outcomes. Budget shortfalls, a shortage of qualified lawyers and
magistrates, and an outdated and restrictive penal code continued to
limit the judiciary's effectiveness.
The judiciary includes courts of first instance, two courts of
appeal, and the Supreme Court, which is the court of final appeal. The
law provides for a parallel structure for juveniles. A military
tribunal prepares and adjudicates charges against accused military
personnel, to whom the penal code does not apply. Military courts do
provide the same rights as civil courts. Civilians were not subject to
military tribunals.
In practice the two appeals courts which handle serious crimes
rarely functioned, which contributed to lengthy pretrial detentions. By
law, the courts of appeal must hold a session once every four months,
but met only once during the year.
Trial Procedures.--Trials are public, and juries are used for
criminal cases. Defendants have the right to be present and to consult
with an attorney in a timely manner. Defendants have the right to
confront and question prosecution witnesses and present witnesses and
evidence on their behalf. The prosecution prepares a case file,
including testimonies and evidence, and provides a copy for the
defense. The penal code provides for the presumption of innocence of
accused persons, the independence of judges, the equality of citizens
before the law, the right of the accused to counsel, and the right to
appeal a judicial decision; however, these rights were not consistently
observed in practice. Although the Government is responsible for
funding legal defense costs in serious criminal cases, in practice it
rarely disbursed funds for this purpose. The attorney for the defense
frequently received no payment. By law all these rights are extended to
all citizens.
Many citizens wary of judicial corruption preferred to rely on
traditional systems of justice at the village or urban neighborhood
level. Litigants presented their civil cases before a village chief, a
neighborhood leader, or a council of ``wise men.'' The dividing line
between the formal and informal justice systems was vague, and
authorities sometimes referred a case from the formal to the
traditional system to ensure compliance by all parties. Similarly, if a
case was not resolved to the satisfaction of all parties in the
traditional system, it could be referred to the formal system for
adjudication. The traditional system discriminated against women in
that evidence given by women carried less weight.
The state security court is composed of magistrates directly
appointed by the president, and the verdict is open to appeal only on a
point of law, not for the reexamination of evidence.
No legal action was taken against Sekhounah Soumah, an elected
official related to the late President Conte who in 2006 assaulted a
judge during trial proceedings and ordered him to stop the trial that
was in session.
Political Prisoners and Detainees.--There were no reports of
political prisoners or political detainees.
Civil Judicial Procedures and Remedies.--Under the law, there is a
judicial procedure for civil matters. In practice the judiciary was
neither independent nor impartial, and decisions were often influenced
by bribes and based on political and social status. There were no
lawsuits seeking damages for human rights violations. In practice
domestic court orders were often not enforced.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law provide for the inviolability
of the home and requires judicial search warrants; however, police and
paramilitary police often ignored legal procedures in the pursuit of
criminals or when it served personal interests. For example, during the
May military mutiny, soldiers reportedly entered private residences,
extorted money, and generally threatened civilians.
A local prisoner advocacy NGO reported that prison administrators
would occasionally allow a designated family member to serve out the
sentence of a convicted relative. According to the NGO, an elderly man
in Youmou sent his son to serve out a six month sentence. Similarly a
man in Kankan, who had been sentenced to three years in prison, was
released after serving part of his term so that he could send his wife
to take his place. Due to the NGO's intervention, authorities later
released the woman and her five incarcerated children.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of expression and of press. Unlike the previous year, the
Government generally respected these rights in practice.
The law prohibits talk or chants in public that are perceived as
seditious; establishes defamation and slander as criminal offenses; and
prohibits communications that insult the president, incite violence,
discrimination, or hatred, or disturb the public peace or security.
Penalties include fines, revocation of press cards, imprisonment, and
banishment.
Citizens could generally criticize the Government publicly and
privately without fear of reprisal. Various civil society organizations
and opposition political parties often distributed public statements
criticizing the Government, and in some cases, the president.
The Government published an official daily newspaper, the Horoya,
and continued to operate official television and radio stations. The
state-owned media provided extensive and mostly favorable coverage of
the former government and ruling party while occasionally covering
opposition political party activities. State-owned media provided
minimal coverage of the May military mutiny and the June conflict
between the military and the police. They rarely covered antigovernment
demonstrations.
Despite the limited reach of the print media due to low literacy
rates and high prices of newspapers, the independent media were active
and expressed a wide variety of views with minimal restrictions. There
were 13 private newspapers published weekly in Conakry, and dozens of
other publications appeared sporadically; technical difficulties and
high operating costs impeded regular publication. Two private
newspapers were published irregularly in the regions of Labe and
Kankan.
There was one private book publisher, Les Editions Gandhal, which
published without restriction. Foreign publications, some of which
criticized the Government on a regular basis, were available both in
print and electronic format.
The Government does not permit media ownership by political parties
and religious institutions, but did not restrict programming on
political and religious subjects.
The National Communications Council (CNC) provided financial
subsidies to independent media organizations.
The Government continued to criticize and harass journalists,
although less frequently than in previous years. A journalist reported
receiving threatening phone calls from the wife of former Prime
Minister Kouyate for defaming her spouse after the president dismissed
Kouyate in May.
The CNC temporarily suspended two newspapers during the year for
libelous reporting. On May 19, the CNC suspended La Croisade for two
months for insulting other journalists and government officials. On
September 15, the CNC suspended La Veritie for three months for
accusing various members of government of corruption, but the sanction
was lifted a week later. All newspapers had resumed normal operations
by year's end.
On December 17, security forces confiscated copies of La Lance
after an unfavorable photograph of the president appeared on the front
page.
On December 18, the Government arrested two editors of La Veritie,
Thiernodjo Diallo and Abou Maco Sankara, for publishing an open letter
calling for the immediate dismissal of then Prime Minister Souare. The
case was dropped after the December 23 coup.
On December 18, the Government announced that any individual
spreading false rumors that could affect the honor and integrity of the
president would be apprehended and arrested. The Government also
emphasized that any publication or news media diffusing information
affecting the privacy of the president, including rumors regarding his
health, would be prosecuted.
Ten private radio stations broadcasted throughout the year, nine in
the capital and one in Kankan. Twelve rural and community radio
stations operated in other parts of the country, and radio remained the
most important source of information for the public. Many citizens
listened regularly to foreign-origin short-wave radio. The Government
did not restrict access to or distribution of foreign television
programming via satellite or cable; however, relatively few citizens
could afford these services. On November 4, the Government temporarily
suspended Radio Familia, a private radio station for willfully
encouraging street violence. The station ceased broadcasting for
several hours, but then resumed normal operations after the CNC stated
that the Government never ordered the suspension.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. The
Internet was available for use by all citizens, but only a small
minority of the population used the technology. Cost, illiteracy, and
lack of availability remained major constraints to use by a broad range
of citizens.
Academic Freedom and Cultural Events.--The Ministry of National
Education and Scientific Research exercised limited control over
academic freedom through its influence on faculty hiring and control
over the curriculum; however, teachers generally were not subject to
classroom censorship.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law restricts freedom of assembly. The penal code bans
any meeting that has an ethnic or racial character or any gathering
``whose nature threatens national unity.'' The Government requires a
72-working-hour advance notification of public gatherings. The law
permits local authorities to cancel a demonstration or meeting if they
believe it poses a threat to public order. Authorities may also hold
event organizers criminally liable if violence or destruction of
property ensues.
Security forces routinely used tear gas and physical force to
disperse crowds of demonstrators, but there were fewer reports of death
and serious injuries than in previous years. On September 15, volunteer
police officers responding to a Conakry market demonstration injured
six women when they attempted to restrain them physically. On August
22, soldiers shot and wounded three youths during a peaceful
demonstration in Kamsar. The Government took no punitive action against
the soldiers by year's end.
After seizing power on December 23, the CNDD suspended all
political and union activity. This policy was neither enforced nor
officially reinstated by year's end.
The Government did not investigate any cases and took no legal or
disciplinary action against security force members responsible for the
killings and injuries committed from 2006 through the reporting year.
Freedom of Association.--The constitution and law provide for
freedom of association; however, the Government infringed on this right
in practice. The Government imposed cumbersome requirements to obtain
official recognition for public, social, cultural, religious, or
political associations. Most of the restrictions focused on political
associations. For example, political parties had to provide information
on their founding members and produce internal statutes and political
platforms consistent with the constitution before the Government
recognized them.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
The Secretariat General of Religious Affairs is responsible for
providing liaison with all active religious groups in the country.
Approximately 85 percent of the population practiced Islam, and
most of these adhered to Sunni teachings and practices. Non-Muslims
were represented in the cabinet, administrative bureaucracy, and the
armed forces. However, the Government continued to refrain from
appointing non-Muslims to important administrative positions in certain
parts of the country in deference to the particularly strong social
dominance of Islam in these regions.
Societal Abuses and Discrimination.--Relations among the various
religions were generally amicable; however, in some parts of the
country, Islam's dominance created strong societal pressure that
discouraged conversion from Islam or land acquisition for non-Islamic
religious use.
There were few Jews in the country, and there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement, foreign travel, emigration, and repatriation;
however, authorities at times infringed on these rights. The Government
requires all citizens to carry national identification cards, which
they must present on demand at security checkpoints.
Police and security forces continued to detain persons at military
roadblocks to extort money. There were fewer such reports than in
previous years, but the practice escalated after the December 23 coup.
The law does not prohibit forced exile, but the Government did not
use it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the 1969
OAU Convention Governing the Specific Aspects of Refugee Problems in
Africa, and the Government has established a system of providing
protection to refugees through an advisor on territorial issues within
the Ministry of Territorial Administration. In practice the Government
generally provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened.
The Government cooperated with the Office of the UN High Commissioner
for Refugees (UNHCR) and other humanitarian organizations in assisting
refugees and asylum seekers.
The country has been a place of refuge for asylum seekers from
neighboring countries in conflict, including Liberia, Sierra Leone,
Cote d'Ivoire, and Guinea Bissau. At year's end UNHCR and the National
Bureau for Refugee Coordination estimated that the total refugee
population was 22,000, the majority of whom were Liberians. At year's
end UNHCR reported that only three camps remained operational.
The Government, in coordination with UNHCR, assisted the safe,
voluntary return of Liberian refugees to Liberia and facilitated local
integration for Liberian refugees unwilling or unable to return to
their homes.
On December 31, UNHCR declared the cessation of refugee status for
Sierra Leonean refugees. During the year, the Government, with UNHCR,
continued to facilitate the local integration of approximately 1,000
Sierra Leonean refugees wishing to remain in the country after the
cessation of their refugee status. UNHCR continued to offer financial
support for the rehabilitation of communities severely affected after
18 years of hosting refugees.
During the year the Government continued to provide temporary
protection to approximately 45 individuals of various African
nationalities who may not qualify as refugees under the 1951 UN
convention or the 1967 protocol.
Unlike in previous years, there were no reports of rape, assault,
or forced prostitution in refugee camps. Tension continued between host
communities and refugee populations because of disparities in living
standards and tribal conflicts, although these tensions were less
apparent than in previous years. Economic decline in the country
continued to exacerbate situations where refugees received basic
services and opportunities unavailable to citizens.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide for a popularly elected president
and National Assembly; however, the Government restricted citizens'
ability to exercise this right. Under the law, legislative elections
are scheduled every five years; however, legislative elections
originally scheduled for June 2007 had not taken place by the end of
the year. The constitution provides for the president of the National
Assembly to assume power in the event of the president's death, with
the requirement that a presidential election be organized within sixty
days. On December 23, the military junta suspended this process when it
seized power.
Elections and Political Participation.--The late President Conte
won reelection in 2003. All major opposition parties boycotted the
election, criticized by international observers as neither free nor
fair. In 2002 the Government held municipal and legislative elections,
and 16 of 46 registered political parties participated, including all
the major opposition parties. According to official results, President
Conte's ruling PUP and associated parties won 91 of the 114 seats in
the National Assembly. The PUP also garnered approximately 80 percent
of the vote with certified victories in 31 of 38 municipalities and 241
of 303 local councils.
The local electoral process in 2003 was characterized by both
improvements over past practice as well as serious flaws. Positive
developments included freer campaigning, a single ballot listing all
parties, transparent ballot boxes, political parties represented at the
polling stations, media coverage of events, and free access for
national observers. However, the turnout was low, and there were
significant irregularities and bias by officials towards the ruling
party before and during the vote. These included government revision of
voter rolls with limited oversight, exclusion of up to 50 percent of
the opposition candidate lists, unequal provision and distribution of
voter registration cards and identity documents, and susceptibility to
cheating in the district-level vote consolidations.
Political parties generally operated without restrictions or
outside influence. After the civil unrest in early 2007, the majority
PUP's influence declined, and PUP membership did not confer formal
advantages within the political system. However, in May the late
president's dismissal of the consensus government, followed by his
appointment of many PUP loyalists to positions throughout the
Government, reversed this trend.
There were 20 female deputies in the 114-member National Assembly
and five women on the 26-member Supreme Court, which were dissolved by
the CNDD on December 23. Three women held seats in the 36-member
cabinet appointed in May. The previous cabinet also included three
female ministers. There were few women at senior levels below minister.
In 2007 under former Prime Minister Kouyate, the Government appointed
the country's first female governor and two female prefects. Women
generally played a minor role in the leadership of the major political
parties; however, Assiatou Bah was vice president of the Union for
Progress and Renewal (UPR) while Fatou Bangoura was the political
secretary for the Rally for the Guinean People (RPG).
Members of the three main ethnic groups (Soussou, Malinke, and
Peuhl) as well as all smaller groups in the country served in the
National Assembly. The Supreme Court and cabinet leadership included
representatives of all major ethnic groups.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials frequently engaged in
corrupt practices with impunity. Corruption remained widespread
throughout all branches of government. The World Bank's Worldwide
Governance Indicators reflected that corruption was a severe problem.
Although the president did not overrule legislative decisions,
government officials routinely waited for presidential concurrence,
sometimes for several months, before implementing new laws. Connection
to the president or his powerful associates sometimes conferred
exemptions from taxes and other fiscal obligations. Public funds were
diverted for private use or for illegitimate public uses, such as
buying expensive vehicles for government workers. Land sales and
business contracts generally lacked transparency.
In 2006 a committee was established to follow up on a 2005 World
Bank report on corruption. Each ministry was tasked with creating an
internal office to identify and address corruption as related to its
duties. During the year the Government established commissions within
individual ministries to address the 2005 recommendations. However,
none of the commissions took action on the recommendations during the
year. Public officials were not subject to financial disclosure laws.
Following the May installation of Souare's government, several of
the new ministers declared anticorruption a priority, but there was
little evidence of concrete actions to address corruption. Although the
Government improved transparency of the national university exam
process in 2007, parts of this year's exam were thrown out due to
perceived fraud and had to be retaken.
On January 8, the Ministry of Justice, citing an expired statute of
limitations for prosecution, dropped the 2006 embezzlement case against
prominent businessman Mamadou Sylla, who the Government had briefly
imprisoned. The Government stated that it would pursue a civil case,
but had not done so by year's end.
On August 18, the Government briefly arrested and detained the
former Secretary General of the Presidency Sam Soumah on embezzlement
charges. The president ordered Soumah's release less than 24 hours
after his arrest, and the Government dropped the case.
As in the previous year, the annual budget approved in July
included a line item for all expenditures and each ministry was
required to submit justifications for projected spending. Most
ministries complied with this requirement. However, the overall lack of
transparency made it difficult to determine whether funds had actually
been spent according to the budget line items.
On April 7, the Government partially released the results of a
comprehensive audit initiated in 2007. The ministries of defense and
finance were not included in the published results. The former
government established a committee to recover missing funds; however,
no actions were reported by year's end.
There is no law providing free access to government information.
However, the Government disseminates some information through radio,
national television, and government-owned print media. Throughout the
year the Government publicized deliberations of the weekly cabinet
meetings, and the national television station broadcast the National
Assembly's budgetary session. Most other government information was not
available to the public, and there was no mechanism to request it
formally.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views. The Government
met with domestic NGO monitors, but did not respond to inquiries nor
take action in response to NGO reports and recommendations during the
year.
Various government officials continued to block private efforts to
memorialize victims of the Sekou Toure regime that ruled the country
from independence until 1984. The Government did not grant permission
to the Association of Victims of Camp Boiro to establish a museum
focusing on human rights on the former location of the prison where
political detainees were tortured and killed.
The Government facilitated visits by a number of international
human rights NGOs and generally cooperated with such organizations;
however, none were permitted access to military prisons. The Government
generally cooperated with other international bodies.
The Government has several mechanisms for addressing human rights
issues, including a national directorate within the Ministry of Justice
and offices within the ministries of defense and interior. However,
these organizations remained inactive during the year.
Due to lack of funds, an independent commission of inquiry,
established in September 2007 to investigate human rights abuses
committed by security forces during the January-February 2007 general
strike, did not formally start its investigation by years end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law states that all persons are equal before the law regardless
of gender, race, ethnicity, language, beliefs, political opinions,
philosophy, or creed; however, the Government did not enforce these
provisions uniformly.
Women.--Rape is a criminal offense, but is rarely prosecuted.
Spousal rape is neither punished nor regarded as a criminal offense.
Social beliefs and fear of being ostracized prevented most victims from
reporting incidents of rape. According to a 2003 study, victims of
sexual assault constituted more than 20 percent of women treated in a
local hospital. Experts reported that the situation has not changed
significantly. Many of these assaults were perpetrated by a person the
victim knew and often took place at school; more than half the victims
were young girls. Several local NGOs worked to increase public
awareness of the nature of these crimes and promote increased
reporting. The authorities were reluctant to pursue criminal
investigations of alleged sexual crimes. There were no reports of
prosecutions against rapists.
Domestic violence against women was common, although estimates were
unavailable as to its extent. Due to fear of stigmatization and
reprisal, women rarely reported abuse except at the point of divorce.
Wife beating is not addressed specifically within the law, although
charges can be filed under general assault, which carries penalties
ranging from two to five years in prison and fines ranging from 50,000
to 300,000 Guinea francs (approximately $11 to $65). Assault
constitutes grounds for divorce under civil law; however, police rarely
intervened in domestic disputes, and there were no reports of
perpetrators being punished.
Prostitution is illegal but is widely practiced and generally
tolerated. Selling or managing minors for prostitution is a criminal
offense. However, the Government did not take action when prostitution
of minors was brought to its attention, and it did not actively monitor
child or adult prostitution.
Sexual harassment is not against the law. Unlike in previous years,
the Government did not make regular statements in the media against
sexual harassment. Women working in the formal sector in urban areas
complained of frequent sexual harassment, and it was not penalized by
employers.
The law provides for equal treatment of men and women. The Ministry
of Social Affairs and Women's and Children's Issues worked to advance
such equality; however, women faced discrimination throughout society,
particularly in rural areas where opportunities were limited by custom
and the demands of childrearing and subsistence farming. Women were not
denied access to land, credit, or businesses, but inheritance laws
favor male heirs over female heirs. Government officials acknowledged
that polygamy was a common practice. Divorce laws generally tend to
favor men in awarding custody and dividing communal assets. Legal
evidence given by women carried less weight than testimony by men, in
accordance with Islamic precepts and customary law. Although the
principle of equal pay for equal work exists, in practice women
received lower pay than men. No steps were taken to implement the 2007-
11 action plan on women's empowerment.
Children.--The law provides that the Government should support
children's rights and welfare, although in practice the Government did
not effectively protect children. In May the National Assembly passed a
new Child Code that was promulgated by the late President Conte in
August. The code specifies broader protections for children, including
references to trafficking, domestic violence, and labor.
While access to primary education for both genders generally
improved, government spending on education focused on higher learning.
While exact figures are not available, the Government does not
systematically register births and issue birth certificates, leaving a
significant number of children without official documentation, which
impedes access to school and health care.
Government policy provides for tuition-free, compulsory primary
school education for six years, and enrollment rates were significantly
higher than in recent years, although generally low by international
standards. Based on official data from the 2006-07 school year, 77
percent of children were enrolled in primary school, including 74
percent of girls. In rural areas, 63 percent of all children and 59
percent of girls were enrolled in primary school. Several government
programs continued to contribute to an increase in girl's school
enrollment, but enrollment rates for girls generally starts to decline
at the middle school level. While girls legally have equal access to
all levels of primary and secondary education, social norms and
practices result in significantly lower attendance rates at the
secondary level.
Child abuse, particularly sexual assault, was a serious problem.
Girls between the ages of 11 and 15 years were most vulnerable and
represented more than half of all rape victims.
The Conakry pastor who received a sentence for raping at least
eight girls in 2006 was reportedly released, and he returned to his
home country of Sierra Leone.
FGM was practiced widely in all regions among all religious and
ethnic groups, and was performed on girls between the ages of four and
17. FGM is illegal and carries a penalty of three months in prison and
a fine of approximately 100,000 Guinea francs (approximately $22),
although there were no prosecutions during the year. According to a
2005 Demographic and Health Survey (DHS), FGM prevalence was 96 percent
nationwide, a slight decline from the 99 percent prevalence rate
reported in the 1999 DHS. Infibulation, the most dangerous form of FGM,
was rarely performed.
The Government continued efforts to eradicate FGM and to educate
health workers on the dangers of the practice; however, there were no
statistics evaluating the success of the program. The Government
supported the efforts of the Coordinating Committee on Traditional
Practices Affecting Women's and Children's Health (CPTAFE), a local NGO
dedicated to eradicating FGM and ritual scarring. The CPTAFE reported
high rates of infant mortality and maternal mortality due to FGM.
The number of men and women opposed to FGM continued to increase.
Urban, educated families increasingly opted to perform only a slight,
symbolic incision on a girl's genitals rather than the complete
procedure. The NGO TOSTAN was successful in bringing together many
communities that traditionally intermarry to combat FGM. Recognizing
traditional practices that encouraged FGM, the NGO helped establish
binding social contracts where families agreed that they would accept a
woman who had not undergone this procedure as an acceptable wife for
one of their sons. Continued efforts by NGOs to persuade communities to
abandon FGM resulted in thousands of families immediately ending the
practice. By year's end, more than 300 communities had publicly
declared an end to FGM, underage and forced marriages, and other
harmful traditional practices, since the program started.
The legal age for marriage is 21 years for men and 17 years for
women. Although there were no official reports of underage marriage, it
was a problem. Parents contracted marriages for girls as young as 11
years of age in the Fouta and Forest regions. A local NGO reported that
nine female inmates incarcerated in Kankan claimed to have murdered
their husbands after having been forced into marriage. The CPTAFE, in
conjunction with the Government, local journalists, and international
NGOs, continued to run an education campaign to discourage underage
marriage and reported lower rates than in previous years. According to
CPTAFE, some families that sanctioned early marriages nevertheless kept
their married daughters in the family home until they had at least
completed secondary school.
There are no official statistics available on the number of street
children.
Trafficking in Persons.--Although the law prohibits trafficking in
persons, the country was a source, transit point, and destination point
for trafficked persons. The law carries a penalty of five to 10 years'
imprisonment and confiscation of any money or property received as a
result of trafficking activities. The Government did not prosecute or
convict any traffickers during the year.
The Ministry of Social Affairs and the Promotion of Children is
responsible for combating trafficking and chairs the inter-agency anti-
trafficking committee. Accurate statistics were difficult to obtain
because victims did not report the crime, but the practice is believed
to be widespread. Children were the primary victims of trafficking, and
internal trafficking was more prevalent than transnational trafficking.
Within the country, girls were trafficked primarily for domestic
servitude and sexual exploitation, while boys were trafficked for
forced agricultural labor, and as forced beggars, street vendors, shoe
shiners, and laborers in gold and diamond mines. Some Guinean men were
also trafficked for agricultural labor within the country.
Girls from Mali, Sierra Leone, Nigeria, Ghana, Liberia, Senegal,
Burkina Faso, and Guinea Bissau were trafficked into the country for
domestic servitude and sexual exploitation. Guinean women and girls
were trafficked to Nigeria, Cote d'Ivoire, Benin, Senegal, Greece, and
Spain for domestic servitude and sexual exploitation. Chinese women
were trafficked for commercial sexual exploitation by Chinese men
living in the country. Networks also traffic women from Nigeria, India,
and Greece through the country to the Maghreb countries and Europe.
In February the local NGO Sabou Guinee reported that a young boy
escaped from a truck driver who was attempting to traffic the boy and
two other children into Liberia. The truck driver reportedly hired the
children in Kankan to assist him in transporting his shipment to a
neighboring town, but instead took them to the border. The truck driver
and the other two children were not found.
In March the Government apprehended a man in Koundara on suspicion
of trafficking 11 children, aged four to 12, over the border into
Senegal. According to the local NGO ASED, the Government later
dismissed the case because the man had obtained parental permission to
take the children into Senegal for religious study.
On January 21, the Government released and dropped charges against
the five women arrested in 2007 for attempting to traffic 10 children
over the border into Sierra Leone. The Government of Sierra Leone
maintained that the children were related to the women, and that there
was no evidence of trafficking. The Government turned the children and
the women over to the Sierra Leonian Embassy, which transported them to
Sierra Leone for reintegration with their families.
The perpetrator of the July 2006 kidnapping of a seven-year-old
girl in Macenta Region was awaiting trial at year's end.
The Government continued a public outreach program to combat
trafficking during the year, including an antitrafficking radio
campaign. In mid-January the Government's Permanent Regional Monitoring
System issued a report detailing government and NGO anti-trafficking
activities. The National Committee to Combat Trafficking in Persons
failed to release its tri-annual report on the implementation of the
National Action Plan, but did meet during the year to discuss the
implementation of its 2005 agreement with Mali, which is a joint plan
to combat trafficking in the two countries.
Persons With Disabilities.--The law does not prohibit
discrimination against persons with disabilities in employment,
education, access to health care, or in the provision of other state
services. There were no official reports of societal or governmental
discrimination against person with disabilities. The Government had not
mandated accessibility for persons with disabilities, and buildings and
vehicles remained inaccessible. Few persons with disabilities worked in
the formal sector; some worked in the informal sector in small family-
run businesses, and many lived by begging on the streets. In practice,
the Ministry of Social Affairs and Child Promotion is responsible for
protecting the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--The country's population was
ethnically diverse with three main ethnic groups and several smaller
ethnic groups identifying with specific regions. The three major
ethnicities form the majority of the population as follows: the Soussou
in lower Guinea, the Peuhl in middle Guinea, and the Malinke in upper
Guinea. There were smaller ethnic groups in the Forest Region and
throughout Guinea. Conakry and other large urban areas such as Kankan
and the Forest Region were ethnically heterogeneous.
While the law prohibits racial or ethnic discrimination, ethnic
identification was strong.
Mutual suspicion, both inside and outside the Government, affected
relations across ethnic lines. Widespread societal ethnic
discrimination by members of all major ethnic groups was evident in
private sector hiring patterns, in the ethnic segregation of urban
neighborhoods, and in the relatively low levels of interethnic
marriage. The proportion of public sector positions occupied by
Soussous, particularly at senior levels, was widely perceived as
exceeding their share of the national population and resulted in local
tensions that have erupted in violence in the past.
The ruling PUP party, although generally supported by Soussous,
transcended ethnic boundaries more effectively than the major
opposition parties, which have readily identifiable ethnic and regional
bases. The UPR's main base was the Peuhls, while the RPG's main base
was the Malinke.
Other Societal Abuses and Discrimination.--Discrimination against
homosexuals is not prohibited by law. There are no discriminatory laws
based on sexual orientation. Although there were deep social,
religious, and cultural taboos against homosexuality, there were no
official or NGO reports of discrimination against homosexuals.
There were no reports of discrimination towards persons with HIV/
AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law and constitution provide for
the right of employees, except for military and paramilitary personnel,
to form and join independent labor unions, and this right was generally
respected in practice. Unlike in previous years, there were no reports
of employees being fired if they joined a union. The labor code
requires elected worker representatives for any enterprise employing 25
or more salaried workers. Although labor statistics were inadequate, at
least 167,000 workers were reportedly unionized.
The law grants salaried workers, including public sector civilian
employees, the right to strike 10 days after their representative union
makes known its intention to strike, and workers exercised this right
several times over the year. By law, arbitration is by consensus and is
executed through the Office of the Inspector General of Work within the
Ministry of Labor (MOL). In practice, however, employers can impose
binding arbitration. The law prohibits strikes in essential services,
including hospitals, police, the military, transport, radio and
television, and communications.
Labor unions organized several, peaceful strikes during the year.
However, on September 15, members of a public sector health union
claimed that the Government threatened to withhold their salaries, fire
them from their jobs, or transfer them to less desirable positions as a
form of intimidation before their strike was over.
In June a group of police officers attempted to strike. The group
had not formally registered as a labor union, nor did it provide
advance notification of intent to strike, as required by the labor
code. The military violently ended the strike within a few hours by
storming police headquarters, killing 14 police officers, and wounding
dozens of others. The Government did not investigate any of the
killings.
b. The Right to Organize and Bargain Collectively.--Under the labor
code, representative workers' unions or union groups may organize in
the workplace and negotiate with employers or employer organizations,
and workers exercised this right in practice. The law protects the
right to bargain collectively concerning wages and salaries without
government interference, and employers established rules and hours of
work in consultation with union delegates, and this law was generally
respected in practice.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law specifically
prohibits forced or compulsory labor, including by children; however
there were reports that such practices occurred. Gold and diamond mines
routinely exploited minors who worked long hours extracting,
transporting, and cleaning the minerals. Local NGOs reported that
children lived in extreme conditions without water and electricity.
Diseases and illnesses were common and there were reports of children
being denied contact with family members. A 2006 study by the NGO
AGRAAD reported that 45 percent of the workers at the Dandano gold mine
were children ranging in age from seven to 16, approximately 30 percent
of whom were working with an adult relative in the mine.
The law prohibits the exploitation of vulnerable persons for unpaid
or underpaid labor. Violations carried a penalty of six months' to five
years' imprisonment and a fine of approximately 50,000 to 382,500
Guinea francs (approximately $11 to $83). However, the Government did
not enforce this provision in practice.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
general labor code has specific provisions that pertain to child labor.
The National Assembly passed a new Child Code in May that further
addresses child labor issues. However, child labor was a serious
problem and government and NGO sources indicated that exploitative
child labor was common.
By law the minimum age for employment is 16 years. Apprentices may
start to work at 14 years of age. Workers and apprentices under the age
of 18 are not permitted to work at night, for more than 10 consecutive
hours, or on Sundays. The labor code also stipulates that the minister
of labor maintain a list of occupations in which women and youth under
the age of 18 cannot be employed. In practice enforcement by ministry
inspectors was limited to large firms in the modern sector of the
economy.
A 2007 Human Rights Watch (HRW) report indicated that nearly all
children engaged in some type of work, many in the worst forms of child
labor. Many were exploited or enslaved as domestics in the urban
sector, miners, or plantation workers. HRW reported that tens of
thousands of girls worked as domestics, many of them for up to 18 hours
a day with little or no compensation. It added that some allegedly
suffered beatings, sexual harassment, and rape. Some girls may also be
forced by family members or employers to prostitute themselves in order
to earn enough money to survive. Child labor in factories was not
prevalent because of the low level of manufacturing. Working children
were mostly in the informal sectors of subsistence farming, small-scale
commerce, and mining.
According to both official and NGO sources, many children between
the ages of five and 16 worked 10 to 15 hours a day in the diamond and
gold mines for minimal compensation and little food. Child laborers
extracted, transported, and cleaned the minerals. Children were
described as living in extreme conditions without access to water or
electricity, and exposed to constant threat of disease and sickness.
One source reported that children were prevented from contacting their
parents.
Many young Muslim children sent to live with a Koranic master
(marabout) for instruction in Arabic, Islam, and the Koran worked for
the teacher as payment. Rural families often sent children to Conakry
to live with family members while they attended school. If the host
family was unwilling or unable to pay school fees, the children sold
water or shined shoes on the streets, and the host family took the
money in exchange for their room and board or simply used the child as
a cheap source of domestic labor.
Although statistics were difficult to find, there were reports that
children were sold into exploitative labor through child trafficking.
The former government spoke out against child labor but lacked the
resources and enforcement mechanisms to combat the problem. The MOL is
responsible for enforcing child labor laws. The Government did not
conduct any child labor inspections or investigations, nor did it
prosecute any court cases. In April the National Assembly passed a
Child Code which includes provisions related to child labor and the
president signed the legislation into law in August.
e. Acceptable Conditions of Work.--The labor code allows the
Government to set a minimum hourly wage; however, the Government did
not exercise this provision nor did it promote a standard wage.
Prevailing wages routinely did not provide a decent standard of living
for a worker and family. The MOL is responsible for enforcing the
minimum wage.
The labor code mandates that regular work should not exceed 10-hour
days or 48-hour weeks, and it also mandates a period of at least 24
consecutive hours of rest each week, usually on Sunday. Every salaried
worker has the legal right to an annual paid vacation, accumulated at
the rate of at least two workdays per month of work. There also are
provisions in the law for overtime and night wages, which are fixed
percentages of the regular wage. In practice, the authorities rarely
enforced these rules. The Government rarely monitored employers' work
practices or sanctioned them for failure to follow the law.
Teachers' wages were extremely low and they sometimes went six
months or more without payment. Salary arrears were not paid and some
teachers lived in abject poverty. President Conte signed an agreement
in June 2006 on teachers' compensation, and some progress had been made
in implementing the agreement at year's end.
The labor code contains general provisions regarding occupational
safety and health, but the Government has not established a set of
practical workplace health and safety standards. Moreover, it has not
issued any orders laying out the specific requirements for certain
occupations and for certain methods of work that are called for in the
labor code. The MOL is responsible for enforcing labor standards, and
its inspectors are empowered to suspend work immediately in situations
hazardous to health. Enforcement efforts were sporadic.
Working conditions were worse in the private sector, excluding
banking, insurance, and other similar institutions.
Under the labor code, all workers, including foreign and migrant
ones, have the right to refuse to work in unsafe conditions without
penalty; however, many workers fear retaliation and did not exercise
this right in practice.
__________
GUINEA-BISSAU
Guinea-Bissau is a multiparty republic with a population of
approximately 1.7 million. In 2005 Joao Bernardo ``Nino'' Vieira
defeated the candidate of the ruling African Party for the Independence
of Guinea-Bissau and Cape Verde (PAIGC) to become president.
Legislative elections on November 16 were characterized by
international observers as transparent and well organized. Civilian
authorities did not maintain effective control of the security forces;
members of the military launched what appeared to be failed coup
attempts on August 8 and November 23.
The Government generally respected the human rights of its
citizens; however, the following problems occurred: arbitrary killings;
poor prison conditions; arbitrary arrest and detention; lack of
judicial independence and due process; interference with privacy;
harassment of journalists; widespread official corruption, exacerbated
by suspected government involvement in drug trafficking, and impunity;
violence and discrimination against women; female genital mutilation
(FGM); child trafficking; restrictions on legal strikes and use of
force on strikers; and child labor, including some forced labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the Government or its agents committed arbitrary or unlawful
killings.
On April 11, security forces arrested a member of the judicial
police for allegedly killing a member of the public order police the
same day. Hours after the arrest, the Interior Ministry's special
intervention force raided the judicial center where the judicial police
officer was being held pending criminal charges, took possession of the
prisoner at gunpoint, and fled the scene. On April 12, the body of the
judicial police officer, which showed signs of torture, was dumped in
front of a judicial police station. The motive behind the killings was
unclear. In an April 14 press conference, Interior Minister Certorio
Biote characterized both killings as isolated incidents. Some observers
suggested the first killing was a result of a personal dispute that got
out of hand, while the second killing reflected the institutional
rivalry between the interior and judicial ministries and the judicial
and public order police. An investigatory commission formed after the
killings resulted in no findings or arrests by year's end.
On November 23, two presidential guards died during an apparent
military coup attempt. On December 1, in Dakar, Senegalese police
arrested Alexandre Tchama Yala, the suspected leader of the coup.
The investigation into the 2007 execution-style killing of former
Commodore Lamine Sanha remained open at year's end. No investigation
was conducted into police use of excessive force or military use of
lethal force to disperse subsequent demonstrations against suspected
government involvement in the killing.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
security forces did not always respect this prohibition. The Government
rarely punished members of the security forces who committed abuses.
Unexploded ordnance resulted in injuries during the year.
Prison and Detention Center Conditions.--There are no formal
prisons, and the Government detained most prisoners in makeshift
detention facilities on military bases in Bissau and neighboring towns.
Conditions of confinement were poor. Detention facilities generally
lacked running water and adequate sanitation. Detainees' diets were
poor, and medical care was virtually nonexistent. Pretrial detainees
were held together with convicted prisoners, and juveniles were held
with adults.
The Government generally permitted independent monitoring of
detention conditions by local and international human rights groups.
During the year representatives from the International Committee of the
Red Cross (ICRC) and the Office of the Representative of the UN
Secretary General visited prisoners. Meetings with prisoners occurred
without third parties present, although the Government required advance
scheduling and did not permit regular repeated visits.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions; however, security forces sometimes
arbitrarily arrested immigrants and became involved in settling
personal disputes, detaining persons upon request without full due
process.
Role of the Police and Security Apparatus.--The country is divided
into 37 police districts, and there were an estimated 3,500 police in
nine different police forces reporting to seven different ministries.
The approximately 100 officers of the judicial police, under the
Ministry of Justice, have primary responsibility for investigating drug
trafficking, terrorism, and other transnational crime, while the 1,300
members of the public order police, under the Ministry of Interior, are
responsible for preventive patrols, crowd control, and conventional
maintenance of law and order. Other police forces include the state
information service, the border service, the rapid intervention force,
the maritime police, and other groups. According to the constitution,
the armed forces are responsible for external security and can be
called upon to assist the police in internal emergencies. However, the
armed forces regularly intervened in narcotics investigations conducted
by judicial police. For example, following the July 12 grounding at
Bissau airport of a plane suspected of transporting narcotics, members
of the armed forces tampered with evidence and interfered with the
investigation. Members of the military allegedly were responsible for
two failed coup attempts during the year.
Police were ineffective, poorly and irregularly paid, and corrupt.
Impunity was a problem. Police, who until recently had no handcuffs,
could not afford fuel for the few vehicles they had, and there was a
severe lack of training. Police in Gabu had one motorcycle for 87
officers and no formal police training since 1996. Transit police were
particularly corrupt and demanded bribes from vehicle drivers, whether
their documents and vehicles were in order or not. Corruption and lack
of detention facilities and vehicles frequently resulted in prisoners
simply walking out of custody in the middle of investigations. The
attorney general was responsible for investigating police abuses;
however, employees at the Attorney General's Office were also poorly
paid and susceptible to threats and coercion. An investigative
commission was exploring at year's end the death of a member of the
public order police and the apparent reprisal killing of the judicial
police member; judicial police officers conducted a six-week work
stoppage to protest the reprisal killing of one of their members.
Arrest and Detention.--The law requires arrest warrants, although
warrantless arrests often occurred. The law provides for the right to
counsel and to counsel at state expense for indigent clients; however,
lawyers did not receive compensation for their part-time public defense
work and often ignored state directives to represent indigent clients.
The law requires that detainees be brought before a magistrate within
48 hours after arrest and that prisoners be released if no timely
indictment is filed; however, authorities did not always respect these
rights in practice. There was a functioning bail system, and pretrial
detainees were allowed prompt access to family members.
Criminal suspects, particularly immigrants, were sometimes arrested
without warrants. For example, following a December 14 killing and a
December 15 armed robbery in Bissau (both crimes allegedly perpetrated
by Nigerian nationals), police rounded up and arrested without warrants
approximately 100 Nigerians.
The vast majority of the prison population consisted of detainees
awaiting the conclusion of their trial; however, few detainees remained
in custody for longer than one year. Most left before the conclusion of
their trials as a result of inadequate detention facilities, lack of
security, and rampant corruption. The few prisoners who were convicted
seldom remained in custody for more than two years. Prisoners remanded
to their homes due to space constraints in detention facilities often
failed to return to prison.
Amnesty.--In April the president granted amnesty to civilians and
members of the military who committed crimes from 1980 to 2004. The
move was widely viewed as an attempt to absolve military and other
officials complicit in coups, attempted coups, and the civil war of
1998. Proponents of the amnesty asserted that it was a necessary step
towards national reconciliation.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, in practice, there was little
independence, and the judicial branch as a whole was largely
nonfunctional. Judges were poorly trained, inadequately and irregularly
paid, and subject to corruption. Courts and judicial authorities were
also frequently accused of bias and passivity, according to an October
report published by the International Federation for Human Rights. The
attorney general had little protection from political pressure since
the president needs no other approval to replace the incumbent. Trials
were often delayed by lack of materials or infrastructure, and
convictions were extremely rare.
The Government arrested members of the judiciary for suspected
corruption during the year. For example, on August 26, the Supreme
Judicial Council suspended Judge Gabriel Djedjo on corruption charges.
On August 19, Djedjo had released on bail four suspects, including two
South American crew members being held on suspicion of narcotics
trafficking following the July 12 grounding of a plane from Venezuela.
The pilot of the plane, which was believed to be transporting 500
kilograms of cocaine, disappeared following his release from custody.
In 2006 Djedjo had ordered the release of two Colombian citizens
arrested the previous month while transporting 674 kilograms of
cocaine, the largest drug seizure in the country's history. The two
Colombian citizens immediately fled the country following their
release.
Judicial officials who displayed independence or resisted
corruption were threatened during the year. On May 23, Ansumane Sanha,
the president of the Association of Guinean Judges, told the press that
Supreme Court judges had received death threats to influence their
positions in advance of a Supreme Court hearing on the
constitutionality of a proposed law to extend the National Assembly's
mandate. Threats notwithstanding, on August 1, the Supreme Court ruled
that the law was unconstitutional.
During the year Minister of Justice Carmelita Pires, Attorney
General Luis Manuel Cabral, and Judicial Police Director Lucinda
Aukarie received telephonic death threats in response to their stance
against drug trafficking and their willingness to arrest and prosecute
drug dealers and their accomplices.
The judicial branch is made up of the Supreme Court, regional
courts, a financial court, and a military court. The Supreme Court is
the final court of appeal for both military and civilian cases.
Regional courts have both criminal and civil branches. The financial
court tries financial crimes, such as embezzlement, and has
jurisdiction over regional courts. Military courts do not try
civilians, although civilian courts try all cases involving state
security, even if the accused are members of the military. The
president has the authority to grant pardons and reduce sentences.
Traditional practices still prevailed in most rural areas, and
persons who lived in urban areas often brought judicial disputes to
traditional counselors to avoid the costs and bureaucratic impediments
of the official system. Police also often resolved disputes.
Trial Procedures.--There is no trial by jury. The law provides for
a presumption of innocence, the right to have timely access to an
attorney, to question witnesses, to have access to evidence held by the
Government, and to appeal. Trials in civilian courts are open to the
public. Defendants have the right to be present and to present
witnesses and evidence on their behalf. For those few defendants whose
cases went to trial, these rights were respected in practice. Citizens
who cannot afford an attorney have the right to a court-appointed
lawyer; however, court-appointed attorneys received no compensation
from the state for representing indigent clients, were not punished for
failing to do so, and generally ignored such responsibilities.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The judicial system
handles civil as well as criminal matters, but it was neither
independent nor impartial. There was no administrative mechanism to
address human rights violations. Domestic courts orders often were not
enforced.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Unlike in the previous year, there were no reports that security forces
cut the telephone lines of persons who criticized the Government;
however, police routinely ignored privacy rights and protections
against unreasonable search and seizure. For example, following two
violent December crimes in which Nigerian nationals were implicated,
police searched the homes of hundreds of Nigerians without warrants and
confiscated all suspected contraband.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government did not
always respect these rights in practice. Unlike in the previous year,
there were no reports that security forces detained persons for
exercising their right to free speech. Some journalists practiced self-
censorship.
In addition to the Government-owned newspaper No Pintcha, several
private newspapers published without restriction. All newspapers were
published through the state-owned printing house. The national printing
press often lacked raw materials, and salaries were not always paid,
resulting in publication delays.
There were several independent radio stations, a national radio
station, and a national television station. International radio
broadcasts could be received.
Unlike in the previous year, there were no reports that journalists
were arrested; however, some journalists reported anonymous threatening
telephone calls and being summoned to government premises to explain
their activities or statements, while others reported prolonged court
proceedings that impeded their work.
In July Fafali Koudawo, the director of the private newspaper
Kansare, was questioned by the Office of the Prosecutor General after
publishing an article on two former senior army officers who received
death threats after characterizing the methods used by the Chief of the
General Staff as ``authoritarian and anticonstitutional.''
Unlike in the previous year, there were no reports that journalists
fled into exile after receiving death threats in connection with
stories linking drug traffickers with local security forces. Radio
France reporter Allen Yero Embalo remained in exile in France. In 2007
Embalo fled the country after unknown persons broke into his home and
stole his camera, video footage of a report on drug trafficking, and
over 600,000 CFA ($1,200).
The case against Reuters journalist Alberto Dabo, who in 2007 was
charged with defamation, abuse of freedom of the press, violating state
secrets, and slander, remained pending. In July 2007 former Navy chief
Jose Americo ``Bubo'' Na Tchuto attempted to arrest Dabo for his
translation of a statement that cited Na Tchuto as the source of
allegations of military involvement in drug trafficking. In August Na
Tchuto, the chief plaintiff in the case, fled the country following an
alleged failed coup attempt.
Unlike in the previous year, the Government did not order the
closure of radio stations. In 2007 the interior minister ordered
Bombolom radio station to close after it broadcast a report on the
killing of a state official and police use of excessive force to
disperse subsequent riots. Bombolom, which remained open because the
police commissioner refused to enforce the interior minister's order,
continued to operate during the year.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups engaged in the peaceful
expression of views via the Internet, including by e-mail. Lack of
infrastructure, equipment, and education severely limited access to the
Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, in response to the November 23 attack on the president's
residence, the Government on December 6 banned public demonstrations.
Despite the ban, which remained in effect at year's end, demonstrations
continued to occur. Unlike in the previous year, there were no reports
that police forcibly dispersed demonstrators. Permits were required for
all assemblies and demonstrations.
No action was taken against the soldier who in January 2007
reportedly shot and killed a demonstrator at close range; the
Government claimed the demonstrator died of asphyxiation.
Freedom of Association.--The constitution and law provide for the
right of association, and the Government generally respected this right
in practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
Although religious groups require a government license, there were
no reports that any applications were refused.
Societal Abuses and Discrimination.--There was no Jewish community,
and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, asylum seekers, stateless persons, and other persons of
concern.
The law did not specifically prohibit forced exile; however, the
Government did not use it.
Internally Displaced Persons (IDPs).--IDPs moved back and forth
over the border with Senegal, depending on the status of the ongoing
armed conflict in Senegal's Casamance region. With tribal and family
ties on both sides of the poorly marked border, the nationality of IDPs
was not always clear.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice, the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government did not grant refugee
status or asylum during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
November legislative elections that were characterized by international
observers as transparent, well organized, and well executed.
Elections and Political Participation.--In the November 16
legislative elections, the PAIGC gained 22 seats in the National
Assembly to become the ruling party with 67 of 100 seats. The Party for
Social Reform (PRS), headed by former president Koumba Yala, won 28
seats, a loss of seven. The Republican Party for Independence and
Development, founded in February with tacit support from President
Vieira, who previously headed the PAIGC, won three seats. Unlike in
previous elections, no violence occurred, and allegations of vote
buying were not substantiated, although international observers noted
technical irregularities, such as inconsistent sealing of ballot boxes
and a lack of vehicles to transport ballots to regional polling
centers. In October election workers declared a strike due to the
Government's failure to pay at least 80 percent of back wages and debts
owed to workers, vendors, and contractors from the 2005 presidential
election. Election workers returned to their jobs by the end of the
month after being promised that salaries would be paid in 2009.
The November 16 elections were originally scheduled for April 2008
as a result of the formation of a government of national unity in March
2007 that included the PAIGC, the PRS, and the United Social Democratic
Party. However, on March 25, citing inadequate preparation, President
Vieira rescheduled the elections for November 16. The president added
that the role of parliament would be filled by the National Assembly's
standing committee once the legislature's mandate expired on April 21.
On March 27, the National Assembly responded by passing an exceptional
transitional constitutional law that extended its mandate until the
November 16 elections. On July 25, the PAIGC pulled out of the
coalition government. On August 1, the Supreme Court ruled
unconstitutional the exceptional transitional constitutional law. The
ruling, which was welcomed by civil society organizations, prompted
President Vieira to dissolve the National Assembly on August 5. In a
decree published on the same day, the president dismissed the
Government and appointed a new prime minister to set up a caretaker
government to oversee the legislative elections.
Members of the military launched what appeared to be failed coup
attempts on August 8 and November 23. In August authorities reported
that they had uncovered an attempted coup, allegedly organized by Jose
Americo Bubo Na Tchuto, the Navy chief of staff. While the motive and
seriousness of the coup attempt remained in question, observers noted
that Na Tchuto, long suspected of involvement in narcotrafficking, may
have acted to preempt incrimination in the July offloading of narcotics
from a plane from Venezuela held at the airport in Bissau. Na Tchuto
was suspended and kept under house arrest, but subsequently escaped. On
August 12, authorities in The Gambia reported that they had arrested
him. Na Tchuto was later released and reportedly was moving freely and
openly in Banjul, The Gambia.
On November 23, two days after the announcement of the official
election results, low-ranking sailors and soldiers fired on the home of
President Vieira. While the president was unharmed, one person was
killed.
The National Assembly has ten female members. The Supreme Court
president, three of the 19 government ministers, and one of nine state
secretaries also were women.
All ethnic groups were represented in the Government, although the
minority Balanta ethnic group dominated the army.
Government Corruption and Transparency.--Official corruption and
lack of transparency were endemic at all levels of government. Members
of the military and civilian administration reportedly assisted
international drug cartels by providing access to the country and its
transportation facilities. Customs officers frequently accepted bribes
for not collecting import taxes, which greatly reduced government
revenues. The World Bank's Worldwide Governance Indicators reflect that
corruption was a severe problem.
According to the September Report of the Secretary-General on
developments in Guinea-Bissau and on the activities of the United
Nations Peacebuilding Support Office in that country, the country was
rapidly moving from being a transit hub to a major market place in the
drug trade. The UN Office on Drugs and Crime reported during the year
that the country was becoming a strategic link in the transport of
illegal narcotics from South America to Europe.
Systemic failure to act throughout the police, military, and
judiciary resulted in the near absence of prosecutions of drug
traffickers. The most recent prosecution of a trafficker occurred in
2006. The defendant, who bought cocaine that had washed ashore, was
sentenced to eight years' imprisonment, but served only a few months
because the country had no adequate detention facility. Drug
traffickers usually had official protection at some level. If judicial
police were able to overcome this obstruction, they had no resources to
conduct investigations, no detention facilities to detain suspects, and
no means of transporting detainees to court. Judges and guards, who
went months without receiving salaries, were highly susceptible to
corruption and often released suspected traffickers, who subsequently
disappeared.
The failure to interdict suspected narcotics flights contributed to
the perception of government and military involvement in narcotics
trafficking. For example, on July 12, a plane from Venezuela landed at
Bissau airport without the requisite landing or overflight permits or
the prior knowledge of airport officials. Immediately on landing, it
was cordoned off by military personnel, and its cargo was unloaded into
vehicles and taken to an unknown destination. The minister of justice
announced that she had not been notified of the unauthorized landing of
the plane until July 17. On July 19, the plane crew and two airport
control officers were detained, but released on August 19 by order of a
criminal court judge, despite the issuance of an international warrant
against the pilot and protests by the minister of justice and the
prosecutor general. The military, which blocked a joint investigation
by the UN Office on Drugs and Crime, INTERPOL, and others, made
contradictory statements about the cargo, ultimately claiming it was
medicine from Spain.
No action was taken in the 2006 disappearance of 674 kilograms of
cocaine from official custody and the release without charge of the
suspects involved.
The law provides that ``everyone has the right to information and
judicial protectio.''; however, such access was seldom provided.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views. Unlike in
previous years, there were no reports that NGO members had been
harassed or threatened by authorities. The two major human rights
organizations were the Human Rights League of Guinea (LGDH) and the
Observation League.
Mario Sa Gomes, the president of the NGO Guinean Association of
Solidarity with the Victims of Judicial Error (AGSVEJ), claimed that he
had been harassed and threatened by security agents and members of the
armed forces throughout 2007. Sa Gomes, who was summoned in 2007 at
least 14 times by judicial bodies including the Office of the
Prosecutor-General, claimed the harassment resulted from his radio
interviews urging authorities to combat security force impunity and to
investigate and prosecute drug traffickers and those responsible for
politically motivated murders and other suspicious deaths. After a July
2007 radio interview, in which he called for the dismissal of army
chief General Batista Tagme Na Wai for involvement in drug trafficking,
Sa Gomes went into hiding. Intervention by the UN Representative in
country resulted in the assignment of two bodyguards to Sa Gomes and a
government pledge not to harm him; however, Sa Gomes reported that he
continued to face difficulties pursuing his work with AGSVEJ. The
arrest warrant against Sa Gomes had not been withdrawn by year's end;
however, General Na Wai, the sole complainant on the warrant, stated
publicly that he had forgiven Sa Gomes, that he would not press
charges, and that Sa Gomes was free to return to the country without
fear of harassment. Sa Gomes remained in self-imposed exile at year's
end.
Luis Vas Martins, president of the NGO LGDH, reported receiving
anonymous threatening phone calls and knocks on his door in 2007, which
he believed were linked to his actions to promote human rights.
In September 2007 security forces raided the offices of the
Confederation of Students' Associations and removed the organization's
archives, a computer, a printer, and a power supplier. An investigation
was begun, but there were no results by year's end.
The Government permitted visits by UN representatives and the ICRC.
The UN and ICRC published reports, with which the Government generally
concurred.
During the year the UN Office on Drugs and Crime issued a report
criticizing the country for its involvement in organized crime and the
drug trade (See Section 3, corruption).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination but does not designate the bases
of discrimination; the Government did not enforce prohibitions against
discrimination.
Women.--The law prohibits rape, including spousal rape, but
government enforcement was limited. No information on the extent of the
problem was available.
Domestic violence, including wife beating, was an accepted means of
settling domestic disputes. There is no law that prohibits domestic
violence, and politicians were reportedly reluctant to address the
subject for fear of alienating more traditional voters or particular
ethnic groups. Although police intervened in domestic disputes if
requested, the Government did not undertake specific measures to
counter social pressure against reporting domestic violence, rape,
incest, and other mistreatment of women.
The law prohibits prostitution, but enforcement was weak.
There is no law prohibiting sexual harassment, and it was a
problem.
The law treats men and women equally and prohibits discrimination;
however, discrimination against women was a problem, particularly in
rural areas where traditional and Islamic laws were dominant. Women
were responsible for most work on subsistence farms and had limited
access to education, especially in rural areas. Women did not have
equal access to employment. Among certain ethnic groups, women cannot
manage land or inherit property. Although no data was available, women
reportedly experienced discrimination in access to credit, employment,
pay for similar work, and owning a business.
Children.--The Government allocated limited resources for
children's welfare and education. Public schooling was free and
universal through high school, but not compulsory. Teachers were poorly
trained and paid, sometimes not receiving salaries for months at a
time, which resulted in closure of the schools for nearly half of the
school year. Children often were required to help their families in the
fields, which conflicted with schooling.
Certain ethnic groups, especially the Fulas and the Mandinkas,
practiced FGM, not only on adolescent girls, but also on babies as
young as four months old. The Government has not prohibited the
practice.
Child marriage occurred among all ethnic groups, but no reliable
data existed to quantify the problem. Girls who fled arranged marriages
often were forced into prostitution to support themselves. The practice
of buying and selling child brides also reportedly occurred on
occasion. Local NGOs worked to protect the rights of women and children
and operated programs to fight child marriage and to protect the
victims of child marriage. Observers noted during the year that NGO
efforts to enroll more girls in school had a negative side effect on
child marriages: more girls were forced to marry at a younger age
because parents feared the social opportunities of school would
increase the risk of their daughters losing their virginity before
marriage.
The Child Protection Office of the Bissau Police Department
estimated that approximately 1,000 children were living on the streets
of Bissau, with a growing number of boys engaged in gangs and petty
crime. The Government provided no services to street children.
Trafficking in Persons.--The law does not prohibit trafficking in
persons, and children were trafficked from and within the country.
Boys, known as ``talibes,'' were sent from rural areas to attend
Koranic schools in neighboring countries, primarily Senegal, where they
were exploited, abused, and forced to beg to meet daily monetary quotas
for their Koranic teachers known as ``marabouts.'' Other boys were sent
to work in cotton fields in the south of Senegal. Girls were sometimes
exploited as prostitutes.
Surveillance committees established by local police on both sides
of the country's border with Senegal increased surveillance during the
year and contributed to the interception by year's end of 168
trafficked children. With the assistance of the Embassy of Guinea-
Bissau in Dakar, 63 ``talibes'' who were enduring harsh conditions and
forced begging on the streets of Dakar were repatriated to the country
during the year.
Traffickers often were teachers in Koranic schools and related to
the families of victims. Traffickers typically approached the parents
of young children and offered to send the children for a religious
education where they would be taught to read the Koran. Parents
received no compensation for sending their children and in many cases
paid for the initial travel. In some cases children sent away were
unwanted, especially in second marriages, if the new wife did not want
to raise children from the first marriage.
Laws against the removal of minors, sexual exploitation, abuse, and
kidnapping of minors could be used to prosecute traffickers. Kidnapping
provides for a penalty of between two and 10 years in prison, and rape
carries a penalty of between one and five years' imprisonment. Despite
these laws, the Government seldom investigated trafficking cases, and
there have been no successful prosecutions of traffickers. Instead
authorities prosecuted parents who colluded with traffickers. Parents
of returned victims had to sign a contract promising not to send their
children away under penalty of jail, and the local NGO Association of
the Friends of Children (AMIC) monitored the agreement through visits
to returned children. In one case during the year, after AMIC found
that three returned children were missing during the verification
process, one father was arrested and spent 72 hours in jail. He was
released when he agreed to find his child in Dakar and bring him home.
The other two fathers were not located.
The Ministry of Interior has responsibility for antitrafficking
efforts; however, the Government had no national plan to combat
trafficking or the capability to monitor, interdict, or prosecute
traffickers. During the year the Government actively assisted in the
repatriation of dozens of children from Senegal.
There were reports that customs, border guards, immigration
officials, labor inspectors, or local police may have been bribed to
facilitate such trafficking; however, no specific information was
available.
Government officials, including police and border guards, worked
closely with AMIC and the UN Children's Fund to prevent trafficking,
raise awareness, and repatriate victims. The regional court began to
play an instrumental role during the year in alerting parents that they
would be held legally accountable if they sent their children to beg in
a foreign country. AMIC coordinated efforts with the Government,
police, and civil society to prevent trafficking, help returned victims
find their families, and hold parents accountable in court if their
children were retrafficked after participating in the reintegration
program. AMIC, which also ran a facility for victims, conducted regular
awareness efforts on radio stations in the Gabu area and during visits
to villages in source areas. AMIC and local police worked with
religious and community leaders in Gabu and Bafata. Another program,
founded by the local imam of Gabu, created evening Koranic studies
after school as an alternative to the schools in Senegal.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law does not specifically prohibit
discrimination against persons with disabilities, mandate building
access for them, or provide for equal access to employment and
education. However, there were no reports of overt societal
discrimination. The Government made some efforts to assist military
veterans with disabilities through pension programs, but these programs
did not adequately address health, housing, or food needs.
Other Societal Abuses and Discrimination.--There was no open
discussion of homosexuality and very little concerning HIV/AIDS, and
the Government did not address discrimination on either basis. While
there was no reported violence based on sexual orientation or HIV
status, subtle discrimination based on sexual orientation or HIV status
did exist.
Section 6. Worker Rights
a. The Right of Association.--The law provides all workers with the
freedom to form and join independent trade unions without previous
authorization or excessive requirements, and workers exercised this
right in practice. A significant majority of the population worked in
subsistence agriculture, and only a small percentage of workers were in
the wage sector and organized. Approximately 85 percent of union
members were government or parastatal employees, and they primarily
belonged to independent unions.
The law allows unions to conduct their activities without
government interference and provides for the right to strike, but the
Government did not always protect these rights. The only legal
restriction on strike activity was a prior notice requirement. The law
also prohibits retaliation against strikers.
On October 7, the National Union of Workers of Guinea (UNTG)
launched a nationwide civil service strike to protest salary arrears.
Although the UNTG had provided prior notice and the strike was legal,
police reportedly operating on orders of the interior minister
surrounded the UNTG headquarters and prevented members from entering
for several hours. Police reportedly also forced at gun point private
bus drivers who joined the strike to return to work.
b. The Right to Organize and Bargain Collectively.--The law does
not provide for or protect the right to bargain collectively; however,
the tripartite National Council for Social Consultation conducted
collective consultations on salary issues. Most wages were established
in bilateral negotiations between workers and employers.
The law does not prohibit antiunion discrimination; however, no
workers alleged antiunion discrimination, and the practice was not
believed to be widespread.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, but there were
reports that such practices occurred. Children were trafficked to work
as domestic servants, to shine shoes in urban areas, and to sell food
such as bananas and peanuts on the streets.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are no specific laws that protect children from exploitation in
the workplace, and child labor occurred. The legal minimum age is 14
years for general factory labor and 18 years for heavy or dangerous
labor, including labor in mines. The small formal sector generally
adhered to these minimum age requirements; however, the Ministry of
Justice and the Ministry of Civil Service and Labor did not enforce
these requirements in other sectors.
Most child labor occurred in the informal sector. The incidence of
children working in street trading in cities increased during the year.
In rural communities, children did domestic and field work without pay
to support families or because of a lack of educational opportunities.
Some children were partially or completely withdrawn from school to
work in the fields during the annual cashew harvest. The Government had
not taken action to combat such practices by year's end.
Children were trafficked to work as domestic servants, shine shoes
in urban areas, and sell food on the street (See Section 5,
Trafficking).
The Institute of Women and Children and the ministries of labor and
justice are responsible for protecting children from labor
exploitation; however, there was no effective enforcement.
e. Acceptable Conditions of Work.--The Council of Ministers
annually established minimum wage rates for all categories of work, but
it did not enforce them. The lowest monthly wage was approximately
19,030 CFA ($38) per month plus a bag of rice. This wage did not
provide a decent standard of living for a worker and family, and
workers had to supplement their incomes through other work, reliance on
the extended family, and subsistence agriculture.
The Government, which relied heavily on support from international
donors for basic budget support, regularly failed to pay some public
servants, notably teachers, in a timely manner, often with delays of
several months. The Government was four months in arrears in salary
payments by year's end, paying August salaries on December 5. Civil
servants went on strike on October 7 to protest three months of salary
arrears.
The law provides for a maximum 45-hour workweek, but the Government
did not enforce this provision. The law also provides for overtime pay
as long as it does not exceed 200 hours per year, and a mandatory 12-
hour rest period between workdays; however, these provisions were not
enforced.
With the cooperation of the unions, the ministries of justice and
labor establish legal health and safety standards for workers, which
the National Assembly then adopts into law; however, these standards
were not enforced, and many persons worked under conditions that
endangered their health and safety. Workers, including foreign workers,
do not have the right to remove themselves from unsafe working
conditions without losing their jobs.
*In June 1998, the U.S. Embassy suspended operations in the midst
of heavy fighting in Guinea-Bissau, and all official personnel in the
country were evacuated. This report is based on information obtained by
U.S. embassies in neighboring countries, especially Senegal, from other
independent sources, and regular visits to Guinea-Bissau by U.S.
officials assigned to the U.S. Embassy in Dakar. The U.S. Ambassador to
Senegal, resident in Dakar, is also accredited to Guinea-Bissau.
__________
KENYA
Kenya has a population of approximately 37 million. It is a
republic with a mixed presidential and parliamentary system. It has a
strong president who is both chief of state and head of government and
a prime minister with limited executive powers. There is a unicameral
National Assembly. In December 2007 the Government held local,
parliamentary, and presidential elections. Observers judged the
parliamentary and local elections to be generally free and fair. In the
presidential election, the incumbent, President Mwai Kibaki, was
proclaimed the winner by a narrow margin under controversial
circumstances. Raila Odinga, the main opposition candidate, disputed
the results and violence erupted in sections of Nairobi and opposition
strongholds in Nyanza, Rift Valley, and Coast provinces; approximately
1,500 persons were killed and more than 500,000 displaced between
December 2007 and February. The violence ended in February when, as the
result of an international mediation process, the two sides agreed to
form a coalition government. Under the terms of the agreement,
incumbent President Kibaki retained his office, and Odinga was
appointed to a newly created prime ministerial position. The parties
also agreed to undertake a series of constitutional, electoral, and
land reforms to address underlying causes of the crisis. The Government
appointed a commission to study the integrity of the election results;
it concluded that serious irregularities occurred in voting and
counting in both opposition and progovernment strongholds and in the
tallying of results by the Electoral Commission of Kenya (ECK). These
irregularities seriously undermined the integrity of the election
results. The ongoing conflict in Mount Elgon resulted in human rights
abuses. While civilian authorities generally maintained effective
control of the security forces, there were frequent instances in which
the security forces, particularly the police, acted independently.
The following human rights problems were reported: unlawful
killings, torture, rape, and use of excessive force by police and the
military; mob violence; police corruption and impunity; harsh and life-
threatening prison conditions; arbitrary arrest and detention;
arbitrary interference with the home; prolonged pretrial detention;
executive influence on the judiciary; restrictions on freedom of
speech, assembly, and of the press; forced return of refugees and
societal abuse of refugees including killing and rape; official
corruption; violence and discrimination against women including female
genital mutilation (FGM); child prostitution and labor; trafficking in
persons, including recruitment of child soldiers and minor Internally
Displaced Persons (IDPs); interethnic violence; and lack of enforcement
of workers' rights.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed politically
motivated killings during the year; however, security forces committed
arbitrary or unlawful killings. The Government took only limited action
in enforcing the law against security forces suspected of unlawfully
killing citizens.
The Government formed the Commission of Inquiry into Postelection
Violence (CIPEV) as part of the internationally mediated political
settlement. The CIPEV documented 405 gunshot deaths during the
postelection violence, and it attributed the vast majority of these to
police. Law enforcement authorities offered no evidence to contradict
reports that police officers perpetrated the shooting deaths. The
Independent Medico Legal Unit (IMLU), a leading and credible human
rights nongovernmental organization (NGO), reported that 100
extrajudicial killings occurred during the year. The Kenya National
Commission on Human Rights (KNCHR) estimated that 349 extrajudicial
killings occurred during the year, including the killing of over 500
suspected members of the outlawed Mungiki criminal organization from
July 2007 through September. IMLU reported that during the year there
were clear indications of deaths and injuries resulting from police
misuse of firearms during the year, particularly in response to
postelection violence.
In January a police constable fatally shot two unarmed, peaceful
protesters in Kisumu (see 1.d). In November police officers killed two
persons who were attempting to steal light bulbs from street lights in
Nairobi's Runda estate.
Security forces continued to claim that police must shoot to kill
to defend themselves when confronted by armed suspects. The policy
first was enunciated in 2005 and reiterated in 2007 when armed
criminals killed 43 police officers in the line of duty. In January
police commanders issued orders for police to use live ammunition to
quell postelection violence. KNCHR reported that police commanders in
Nyanza Province issued ``shoot to kill'' orders as part of suppressing
postelection violence, but police authorities denied this. KNCHR called
for an investigation to determine whether these killings constituted
excessive use of force, or whether police in some cases were responding
appropriately in life-threatening situations. By year's end, with the
exception of the January 16 Kisumu killings, there was no evidence that
police authorities investigated allegations of excessive use of force.
Police killed numerous criminal suspects during the year. In
February police killed six suspected car thieves in Nairobi. During one
weekend in July, police shot and killed 21 robbery suspects in and
around Nairobi. In July police responding to a Nairobi casino robbery
shot and killed three suspects and two casino workers.
The Oscar Foundation Free Legal Aid Clinic Kenya (OFFLACK), a local
human rights NGO, reported that police were linked with the continued
disappearance and deaths of suspected members of the Mungiki, the
country's largest criminal organization. On October 16, a police
officer, who had cooperated with the KNCHR investigation of the
extrajudicial killings of suspected Mungiki-sect members, was murdered
in Nairobi. By year's end no suspects had been arrested.
There were no developments in the investigation of the June 2007
police raids in Nairobi's Mathare slum, where police admitted to
killing 18 persons in response to the murder of two police officers.
There were also no developments in the investigation of the July 2007
police killings of 27 persons in Mathare.
During the year there were reports that persons died while in
police custody or shortly thereafter, some as a result of torture. IMLU
reported one death while in police custody, but noted that the actual
number was likely higher. In several other cases, persons died under
mysterious circumstances after being detained by police. Police also
often did not enter suspects into police custody records. For example,
in June KNCHR reported that a man was last seen being arrested in
Ruaka, Kiambu District by five police officers. He was found with a
gunshot wound to the head in the city mortuary the following day.
There were no developments in the following 2007 cases: the July
deaths of 23 suspected Mungiki members in Murang'a and the August
shooting death by a policeman of a matatu (public bus) passenger at a
roadblock.
During the year police occasionally used excessive force to
disperse demonstrations, resulting in deaths. The CIPEV found that
police killed at least 83 persons during postelection violence in
Kisumu, although NGOs estimated that the number was much higher. On
January 16, police wounded six persons in Nairobi while dispersing
demonstrators protesting the election results in the Kibera and Mathare
slums. On the same day, television stations broadcast footage of a
police officer in Kisumu fatally shooting two unarmed, peaceful
protesters. The officer subsequently was arrested and charged in a
criminal case; the case was pending at year's end.
In December nine prison wardens were convicted of murder in the
deaths of seven death row inmates in 2000. The wardens were sentenced
to death.
Mob violence and vigilante action resulted in numerous deaths. The
great majority of victims killed by mobs were suspected of criminal
activities, including theft, robbery, killings, cattle rustling, and
membership in terrorist gangs. The Government rarely made arrests or
prosecuted the perpetrators.
For example, in February the media reported that mobs in Meru
burned to death two men who allegedly robbed a matatu driver. In March
a mob in Imenti South District stoned to death one man and seriously
injured three others who posed as policemen in order to rob residents.
In September a mob lynched a village chief in Mikumbune, Imenti South
District, after he was found in possession of a stolen chicken. Police
arrested 40 suspects. The investigation was ongoing at year's end.
There were no reports of official action in the following 2007
cases of death by mob violence: the February beating death of a church
leader for allegedly sexually assaulting a 12-year-old boy and the July
deaths of two policemen who were mistaken for armed criminals.
Human rights observers attributed vigilante violence to a lack of
public confidence in police and the criminal justice system; allegedly,
assailants often bribed their way out of jail or were not arrested. The
social acceptability of mob violence also provided cover for acts of
personal vengeance, including settling land disputes.
Mobs committed violence against persons suspected of witchcraft,
particularly in Kisii District, and in Nyanza and Western provinces.
Human rights NGOs noted public reluctance to report such cases due to
fear of retribution. In May, 15 persons suspected of practicing
witchcraft were burnt to death in Kisii Central District.
b. Disappearance.--There were reports of disappearances during the
year in connection with the conflict in Mount Elgon (See Section 1.g.).
In addition, OFFLACK and KNCHR alleged that the Government was
responsible for disappearances that occurred during its crackdown on
the Mungiki criminal organization.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
police frequently used violence and torture during interrogations and
as punishment of pretrial detainees and convicted prisoners. According
to IMLU's 2005-06 annual report, common methods of torture included
whipping, burning with cigarettes, and beating with gun butts and
wooden clubs.
In November KNCHR accused police of torturing male residents of El
Wak, Northeastern Province, in an operation to interdict illegal arms
fueling interclan warfare. In addition, police allegedly beat and
whipped residents with electrical cables and other weapons.
Human rights organizations, churches, and the press condemned
numerous cases of torture and indiscriminate police beatings. During
the year IMLU received 772 cases alleging torture by security officers,
compared to 397 in 2005, although it noted that the number of torture
cases was likely higher.
There were reports of torture by security forces during the year in
connection with conflict in Mount Elgon. Human Rights Watch (HRW)
recommended a government-led investigation of security forces for
possible war crimes committed during the operation and IMLU accused the
Government of perpetrating crimes against humanity in the conflict. The
Government denied the use of torture (See Section 1.g.).
Due to a lack of civilian state prosecutors in the legal system (63
civilian prosecutors nationwide compared to 300 police prosecutors);
police were responsible for investigating and prosecuting most crimes.
However, police routinely ignored evidence of torture by security
forces provided by IMLU and other human rights organizations.
In most cases allegations of torture were not fully investigated
and the perpetrators were not charged. However, the civil justice
system in some cases recognized torture and ordered the Government to
pay damages. For example, in May, the Nairobi High Court awarded seven
plaintiffs approximately 1.5 million shillings ($20,000) each in
damages for torture they suffered in the 1980s and 1990s under the
regime of former President Daniel Arap Moi.
Police frequently used excessive force to disperse demonstrators,
which resulted in injuries, especially during the postelection period
(See Section 2.b.).
Police sometimes abused street children. In 2006 a KNCHR report
noted that street children formed ``cooperatives'' in which each member
contributed regularly to a fund to bribe police in hopes of being
spared abuse.
There were allegations of rape by security forces, including the
rape of women in prisons, as well as in IDP and refugee camps. The
Center for Rights Education Awareness alleged that policemen raped
women in the Kibera slum in Nairobi and those seeking refuge in police
stations. For example, a woman told CIPEV that police raped her and her
15-year-old daughter during the postelection violence in Nairobi's
Kibera slum. CIPEV condemned the police for its response to gender-
based violence (GBV). As a result, in October the police commissioner
established a task force to investigate GBV; however, it appeared that
the task force was not empowered to investigate allegations of GBV
perpetrated by police or other security forces.
There were numerous instances of mob violence and vigilante action
leading to serious injury. After the announcement of the presidential
voting results in December 2007, mob violence, including targeted
looting and arson, struck Kisumu, Eldoret, Nairobi, Mombasa, and other
cities.
Prison and Detention Center Conditions.--Prison and detention
center conditions continued to be harsh and life threatening. Most
prisons, particularly men's prisons, continued to be severely
overcrowded in part due to a backlog of cases in the judicial system.
In May the director of health services for prison services stated that
the country's 90 prisons held 48,000 prisoners while they were designed
to hold only 12,000 persons. According to an OFFLACK study released in
2007, Meru Prison held three times more inmates than its intended
capacity and had only nine toilets for 1,405 prisoners, forcing many to
use as toilets the same buckets they also used for bathing. In Kamiti
Maximum Security Prison, approximately 700 inmates shared a cell block
designed for 300. During the April security operation in Mount Elgon,
IMLU noted that Bungoma Prison held over 900 prisoners in a facility
with a 480-person capacity.
In 2007 the Parliamentary Committee on Health visited Embu Prison
and expressed concern about health conditions in prisons.
Prisoners generally received three meals per day, but portions were
inadequate, and they were sometimes given half rations as punishment.
Water shortages continued to be a problem.
Civil society organizations began visiting prisons in 2003, and
these visits continued to reveal harsh conditions as well as
allegations by prisoners of inhumane treatment, including torture. Such
treatment, perpetrated by police, prison guards, and inmates, at times
resulted in death. For example, in November wardens in Kamiti Prison
scalded prisoners with hot water and beat them during an operation to
interdict contraband items. One person died and 20 were hospitalized.
Three wardens were suspended. At year's end a police investigation of
the incident was ongoing.
In February 2007 the Legal Resource Foundation released a report
which stated that torture in prisons was commonplace and inflicted
openly. Of 948 prisoners from 29 prisons interviewed, 83 percent
claimed they were beaten and 59 percent witnessed wardens mistreating
other prisoners. Police did not appear to target any particular ethnic,
religious, or social group for torture. Authorities did not take action
against those accused of torture.
Prison personnel stated that the rape of male and female inmates,
primarily by fellow inmates, continued. Media reports indicated that it
was also common for prison officials to rape female inmates.
Hundreds of prisoners died annually from infectious diseases spread
by overcrowding, unhygienic conditions, and inadequate medical
treatment. In July a Ministry of Home Affairs report on prison
conditions concluded that 46 inmates died monthly because of
congestion, unhygienic conditions, and poor health care.
Prisoners were sometimes kept in solitary confinement far longer
than the legal maximum of 90 days. Prisoners and detainees sometimes
were denied the right to contact relatives or lawyers. Family members
who wanted to visit prisoners faced numerous bureaucratic and physical
obstacles, each often requiring a bribe to overcome. In 2006 then-Vice
President Moody Awori, who was responsible for the prison system in his
capacity as minister for home affairs, acknowledged that bribery
occurred throughout the country's jails and prisons.
There were no separate facilities for minors in pretrial detention.
Civil society activists witnessed young children, women, and men
sharing the same cells. For example, IMLU reported in April that
underage boys were detained in Bungoma Prison. Additionally, a July
government report on prison conditions noted that underage female
offenders, who were ineligible for diversion to a lesser security
training school, were housed with adult women prisoners.
Some children under the age of four lived with their mothers in the
14 prisons for women. Official data were unavailable, but the Law
Society of Kenya issued a report in December stating that 281 children
lived with their mothers in Kenyan prisons.
The Government permitted visits to prisons by local human rights
groups during the year. In 2006 a judiciary subcommittee report
recommended that judges and magistrates visit prisons regularly to
ensure that children were not confined with adult inmates. However,
there were no reports that they ever conducted any prison visits. In
December KNCHR visited Kamiti Prison to investigate allegations of
torture following a television broadcast of footage showing wardens
pouring hot water on naked prisoners during a prison action to
confiscate contraband items. KNCHR called for a police investigation,
which was ongoing at year's end.
d. Arbitrary Arrest or Detention.--The law prohibits arrest or
detention without a court order unless there are reasonable grounds for
believing a suspect has committed or is about to commit a criminal
offense; however, police frequently arrested and detained citizens
arbitrarily.
Role of the Police and Security Apparatus.--There was a large
internal security apparatus that included the Kenyan National Police
Service (KNPS) and its Criminal Investigation Department, responsible
for criminal investigations, and Antiterrorism Prevention Unit; Kenya
Administration Police (KAP), responsible for border security; the
paramilitary General Services Unit (GSU), responsible for countering
uprisings and guarding high-security facilities; and the National
Security Intelligence Service (NSIS), which collects intelligence. The
KNPS, KAP, and GSU are under the authority of the Ministry of State for
Provincial Administration and Internal Security. The NSIS is under the
direct authority of the president. There was a public perception that
police often were complicit in criminal activity.
OFFLACK noted that bribery in police recruitment was a problem. The
police often recruited unqualified candidates who had political
connections or who paid bribes, which contributed to poorly conducted
investigations.
The Government's failure to implement the 2007 witness protection
law and to abolish the requirement that witnesses directly confront
suspects in police line-ups severely inhibited the investigation and
prosecution of major crimes.
Police, colluding with prosecutors, resorted to illegal
confinement, extortion, torture, and fabricated charges as a cover-up
for malpractice.
Impunity was a major problem. Police officers were rarely arrested
and prosecuted for criminal activities, corruption, or for using
excessive force. Authorities sometimes attributed the absence of an
investigation into corruption or an unlawful killing to the failure of
citizens to file official complaints. However, the required complaint
form was available only at police stations, and there was considerable
public skepticism regarding a process that assigned the investigation
of police abuse to the police themselves.
The Government took some steps to curb police abuse during the
year. In September the Ministry of Provincial Administration and
Internal Security established a police oversight board to hear public
complaints and recommend disciplinary actions. By year's end, the board
had met but did not hear any public complaints or issue any decisions.
Some legal rights groups questioned whether the minister had the legal
authority to establish the board. In 2006 the police commissioner
established a special police squad that included undercover detectives
whose mandate was to combat corruption involving police during traffic
stops. The Government arrested and charged some officers with various
offenses, including corruption and murder.
In January prosecutors charged a police officer with two counts of
murder in the shooting deaths of two unarmed, peaceful demonstrators in
Kisumu. The trial began in May and was ongoing at year's end. Also in
January, police arrested a fellow officer, who prosecutors charged with
murder in the shooting death of a member of parliament in Kericho. At
year's end the trial was ongoing.
There were numerous instances in which police failed to respond to
societal violence. A KNCHR report on the postelection violence reported
examples where security forces in multiple locations failed to protect
endangered communities from violence. For example, in January police in
the Langas section of Eldoret failed to respond to destruction of
property. Residents also reported that police in Kuresoi failed to
respond to threats against the Kikuyu community. In late January NGOs
alleged that police in Naivasha and Nakuru failed to respond to violent
attacks on non-Kikuyu communities.
Arrest and Detention.--Under the criminal procedure code, police
have broad powers of arrest. Police may make arrests without a warrant
if they suspect a crime has occurred, is happening, or is imminent.
Detainees in noncapital cases must be brought before a judge within 24
hours. Detainees in capital cases must be brought before a judge within
14 days; however, the law was not respected in practice.
The right to prompt judicial determination of the legality of
detention frequently was not respected in practice. The law provides
pretrial detainees the right of access to family members and attorneys.
When detainees could afford counsel, police generally permitted access;
however, there were cases in which police refused access to lawyers.
Family members of detainees frequently complained that access was only
permitted on payment of bribes. There is a functioning bail system;
however, individuals charged with offenses that were deemed serious or
that involve major violence are not eligible for bail pending trial.
Police often arrested citizens to extort bribes. Since few could
afford even a modest bribe, many languished in jail unless family or
friends raised the bribe money demanded by police (See Section 2.c.).
Muslim leaders claimed that police indiscriminately arrested
Muslims on suspicion of terrorism, but the police denied this.
There were reports during the year that police arbitrarily arrested
persons demonstrating against parliament.
Lengthy pretrial detention continued to be a serious problem that
contributed to overcrowding in prisons. Police from the arresting
location are responsible for serving court summonses and picking up
detainees from the prison each time a court schedules a hearing on a
case. A shortage of manpower and resources meant that police often
failed to appear or lacked the means to transport detainees, who then
were forced to await the next hearing of their cases. According to the
chief justice, as of August 2007 there was a judicial backlog of nearly
one million criminal cases, resulting in persons being detained for
years before seeing a judge. The Government claimed the average time
spent in pretrial detention on capital charges was 16 months; however,
many detainees spent more than three years in prison before their
trials were completed.
During and following the 2006 fighting inside Somalia, authorities
in Kenya arrested suspected terrorists after they fled Somalia for
Kenya. According to media reports and human rights NGOs, some of those
detained were released, while others were transferred without judicial
process to Ethiopia. In 2007 Ethiopian authorities acknowledged that 41
suspected international terrorists were being held and investigated,
though most were released by year's end. During the year Ethiopia
reportedly released most detainees. In December eight Kenyan citizens,
who had been detained and released, sued the Kenyan government for
human rights violations related to their detention and extradition.
Amnesty.--The president releases petty offenders periodically with
the largest amnesty occurring on December 12, Independence Day;
however, the release is not automatic. According to the Kenya Prison
Service, the president amnestied 4,960 prisoners on Independence Day
while the total number amnestied during the year was 11,523.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the executive branch sometimes
influenced the judiciary. In 2006 the African Peer Review Mechanism, an
African Union (AU) initiative which evaluates AU member states for
conformance with commonly agreed political and economic standards,
reported a ``visible lack of independence of the judiciary.'' In
January after the controversial announcement of the presidential
results, the opposition leader refused to file a court challenge to the
announcement because he did not expect a fair hearing.
The president has extensive powers over appointments, including of
the attorney general, chief justice, and appellate and high court
judges. The president can dismiss judges and the attorney general upon
recommendation of a special tribunal appointed by him. Although judges
have life tenure, except for a few foreign judges hired under contract,
the president has authority over judicial transfers.
The court system consists of the Supreme Court, Court of Appeals,
High Court, and two levels of magistrate courts, where most criminal
and civil cases originate. The Supreme Court is the highest court; the
chief justice is a member of both the Court of Appeals and the High
Court. All judges on the Court of Appeals and the High Court are
appointed by the president upon recommendation of the Judicial Service
Commission; magistrates are hired by the commission. Criminal trials
are conducted by magistrate courts, while the High Court and Court of
Appeals hear appeals. Civil cases may be heard by any of the courts,
depending on the nature of the case.
The constitution provides for Shari'a (Islamic) courts and states
that the ``jurisdiction of a Kadhi's court shall extend to . . .
questions of Muslim law relating to personal status, marriage, divorce,
or inheritance in proceedings in which all the parties profess the
Muslim religion.'' There are no other traditional courts. The national
courts used the traditional law of an ethnic group as a guide in civil
matters as long as it did not conflict with statutory law. Use of
traditional law occurred most often in cases of marriage, death, and
inheritance in which there was an original contract based on
traditional law. Citizens may choose between national and traditional
law when they enter into marriage or other contracts; however, the
courts determine which kind of law governs the enforcement of the
contract. Some women's organizations sought to eliminate traditional
law because, in practice, it was interpreted and applied in favor of
men.
Military personnel are tried by court-martial, and verdicts may be
appealed through military court channels. The chief justice appoints
attorneys for military personnel on a case-by-case basis. Military
courts do not afford defendants all the rights that civilian courts
provide. Military courts are not empowered to try civilians.
In May 2007 the judiciary appointed a governance and ethics
committee to assess judicial corruption and misappropriation of court
fees. However, there were no reports of committee actions by year's
end.
In 2006 the Ministry of Justice announced it would establish a
public complaints unit, noting that corruption had contributed to the
judiciary's inability to protect human rights adequately. During the
year the unit held weekly sessions at which the public could file
complaints with the ministry's director of human rights affairs. No
data on the number of complaints registered and actions taken were
publicly available.
The Government occasionally used the legal system to harass
critics. In October local authorities in Mombasa charged the director
of the seafarers' welfare organization for issuing false statements
after he claimed that military cargo on a hijacked ship was bound for
South Sudan, not Kenya as the Government claimed. In November a former
member of parliament was charged in Nairobi with incitement for
statements he gave to the press accusing police and military of human
rights abuses in El Wak (See Section 1.c.). These trials were ongoing
at year's end. Local authorities filed criminal charges against two
persons who helped document allegations of human rights abuses against
security forces in the Mount Elgon region (See Sections 1.g., and
section 4). Some civil society organizations reported that the
Government also used the anticorruption commission to harass critics.
Trial Procedures.--Civilians are tried publicly, although some
testimony may be given in closed session. The law provides for a
presumption of innocence, and defendants have the right to attend their
trials, confront witnesses, and present witnesses and evidence in their
defense. A defendant's right to consult with an attorney in a timely
manner was generally respected. However, the vast majority of
defendants could not afford representation and were tried without legal
counsel. Indigent defendants do not have the right to government-
provided legal counsel except in capital cases. The lack of a formal
legal aid system seriously hampered the ability of many poor defendants
to mount an adequate defense. Legal aid was available only in major
cities where some human rights organizations, notably the Federation of
Women Lawyers, provided it.
Discovery laws are not defined clearly, further handicapping
defense lawyers. Often defense lawyers did not have access to
government-held evidence before a trial. The Government sometimes
invoked the State Security Secrets Law as a basis for withholding
evidence. Defendants can appeal a verdict to the High Court and
ultimately to the Court of Appeals. The legal system does not provide
for trial by jury; judges try all cases.
In treason and murder cases the deputy registrar of the High Court
can appoint three assessors to sit with a high court judge to offer
interpretation or guidance on local customs and culture. Although
assessors render verdicts, their judgments are not binding. Defendants'
lawyers can object to the appointment of individual assessors. A
shortage of appropriate assessors frequently led to long delays in
hearing cases.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees during the year.
Civil Judicial Procedures and Remedies.--The KNCHR has the power of
a court. It can issue summonses or order the release of a prisoner or
detainee, payment of compensation, or other lawful remedy.
The civil court system can be used to seek damages for victims of
human rights violations. However, corruption, political influence over
the civil court system, and chronic backlogs of cases limited access by
victims to this remedy.
Widespread corruption existed at all levels of the civil legal
system. Bribes, extortion, and political considerations influenced the
outcomes in large numbers of civil cases.
Court fees for filing and hearing cases-a daily rate of at least
2,040 shillings ($28) for arguing a civil case before a judge-
effectively barred many citizens from gaining access to the courts.
Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, except
``to promote public benefi.''; however, authorities sometimes infringed
on citizens' privacy rights. The law permits police to enter a home
without a search warrant if the time required to obtain a warrant would
prejudice an investigation. Although security officers generally
obtained search warrants, they occasionally conducted searches without
warrants to apprehend suspected criminals or to seize property believed
stolen.
There were reports that security officers raided homes in the Mount
Elgon District, destroying property and setting houses on fire, in
their search for militia members. Police also raided homes in the
Nairobi slums in search of suspected Mungiki members (See Section
1.g.).
In July the Government announced its intention to evict 2,000
squatter families living in the protected water catchment area of the
Mau Forest. In November the Government announced that evictions would
be delayed until 2009. In 2006 the Government evicted from the Mau
Forest approximately 600 squatters who had returned after the
Government evicted approximately 10,200 of them in 2005 for living
illegally on protected lands.
Use of Excessive Force and Other Abuses in Internal Conflicts.--In
2006 land tensions between the Soy and Ndorobo clans intensified in
Mount Elgon District after the Government announced plans to implement
phase three of the Chebyuk settlement scheme, initiated in 1971, which
was intended to resettle the Ndorobo subclan from the protected upper
reaches of Mount Elgon National Park. However, the settlement scheme
disadvantaged the Soy clan which had traditionally used the land on
which the Ndorobo were resettled. In response, the Soy formed the
Sabaot Land Defense Force (SLDF), a militia that initially terrorized
and forcibly displaced Ndorobo residents, but also attacked Soy who did
not support the SLDF. In response the Government in 2007 deployed
police from the antiriot GSU. Police officers reportedly
indiscriminately raided and burned down homes, and beat, shot at,
tortured, and raped community members.
In March the Government began a joint military-police operation
aimed at defeating the SLDF. During the initial phase of the operation,
the Government attempted to remove the SLDF from its hiding places in
the remote reaches of Mount Elgon. Security forces also swept villages
to identify and capture SLDF members and sympathizers.
According to HRW and other human rights NGOs, security forces
detained all males in the targeted area of Mount Elgon and screened
them for possible SDLF membership, using informants to identify
members. HRW, IMLU, and Western Kenya Human Rights Watch (independent
of the London-based Human Rights Watch) accused the Government of
excessive use of force during detention and screening of suspects,
which included torture and disappearances.
IMLU provided medical treatment to 285 persons who alleged that
they had been tortured by security forces. HRW also reported that more
than 40 persons, last seen in military custody, disappeared. In July
the Government issued a report in which it claimed that all allegations
of abuse and disappearance by security forces were baseless. The
Government claimed that any abuse of detainees happened at the hands of
local residents or was committed by the SLDF prior to security forces
taking custody of suspects.
The Government operation against the SLDF resulted in the arrest of
more than 1,000 suspected members of the organization. Local NGOs
reported that the Government did not make available proper medical care
to those jailed, although authorities did permit IMLU to examine
prisoners and provide some medical care. Local NGOs reported that
authorities at the Bungoma Prison refused to admit a prisoner due to
insufficient medical facilities to treat his injuries. NGOs also
reported that security forces held underage children in prisons with
adults but also noted that Bungoma Prison authorities established a
makeshift school for underage prisoners. During the April security
operation in Mount Elgon, IMLU noted that Bungoma Prison held over 900
prisoners in a facility with a 480 person capacity (See Section 1.c.).
The Government restricted access to humanitarian groups at times.
For example, from late June until mid-August, the Government prevented
Medicins Sans Frontieres-Belgium (MSF-B) from delivering medical
services and humanitarian supplies in the Mount Elgon region. MSF-B
alleged that this was in response to their May report which showed a
sharp increase in the number of persons they treated at the onset of
the March operation who had suffered trauma injuries consistent with
torture.
The Government also used the legal system to harass critics of its
security operation. In July local authorities arrested a doctor who
documented alleged human rights abuses by security forces. Authorities
charged him in Bungoma with providing false information to a public
official of the KNCHR. They also charged him with two counts of
illegally running an unlicensed private hospital, which the court later
dismissed. Also in July authorities charged the director of the
Mwathiko Torture Survivors Organization (MTSO) with disorderly conduct.
It also deregistered MTSO as a community-based organization. Both cases
were ongoing at year's end.
The March and April escalation of the conflict caused a new round
of displacement. NGOs active in the area reported that the March
security operation displaced approximately 45,000 persons. In September
the Government reported that approximately 4,263 persons remained
displaced in Mount Elgon; however, NGOs estimated a much higher figure.
Local NGOs reported that during the year the SLDF engaged in
torture, killings, and rape as a tactic in the conflict, and maimed
persons who did not support the militia. Western Kenya Human Rights
Watch documented 615 SLDF killings since 2006. A local NGO also
reported that the SLDF forcibly recruited at least 650 children.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, but the Government sometimes
restricted these rights. During the year security forces harassed,
beat, and arrested members of the media. Journalists practiced self-
censorship. In December parliament passed amendments to the
Communications Act which permits intrusive government regulation of the
media and allows the information minister to assert undue political
influence on the media licensing body, the Communications Commission of
Kenya. On December 30, President Kibaki signed the bill into law.
The Government occasionally interpreted laws in such a way as to
restrict freedom of expression. The prohibition on discussion of issues
under court consideration and a parliamentary ruling against debate on
certain aspects of presidential conduct limited deliberation on a
number of political issues. The Government monitored many types of
civil society meetings, and individuals were not always allowed to
criticize the Government publicly without reprisal.
Generally the media remained independent despite attempts at
intimidation by officials and security forces. In October 2007
parliament passed a Media Act which created the 13-member Media Council
of Kenya (MCK) to monitor and regulate the media, with authority to
grant and withdraw the accreditation of journalists. In January the
Government announced the formation of a taskforce to investigate the
media's behavior during the postelection violence and also threatened
to withdraw funding from the MCK.
The mainstream print media included four daily newspapers that
reported on national politics and regularly criticized the Government.
There also were numerous independent tabloid periodicals that appeared
irregularly and were highly critical of the Government.
Of the several television stations operating in Nairobi, the
Government-owned Kenya Broadcasting Corporation (KBC) was the only
station with a national network of broadcast and cable television, AM
and FM radio, and short-wave transmission. Although KBC coverage was
generally viewed as balanced, its monopoly on national broadcasting
limited the ability of critics of government to communicate with the
electorate. The disadvantage to government critics posed by the KBC
monopoly on national broadcasting was particularly pronounced in the
run-up to the December 2007 general elections. Stations owned by other
media companies, including 12 radio stations, operated primarily along
the country's central corridor and more densely populated adjacent
regions.
The international media operated freely; 120 international
correspondents worked in the country, and approximately 100 media
organizations reported from Nairobi. There were four international FM
broadcasters in Nairobi: Radio France International, Voice of America,
the British Broadcasting Corporation, and China Radio International.
During the year officials repeatedly accused local media of being
irresponsible and disseminating misinformation. Journalists continued
to be susceptible to harassment, intimidation, and arrest. In December
several journalists were arrested in front of parliament for illegal
assembly while protesting the passage of amendments to the Kenya
Communications Act.
The regulatory framework for broadcast media continued to allow
abuse and manipulation in the issuance, withholding, and revoking of
broadcast permits and frequencies.
Journalists occasionally practiced self-censorship due to pressure
and bribes from officials and other influential persons wishing to
prevent reporting on issues that could harm their interests or expose
their wrongdoings. There also were credible reports that journalists
accepted payments to report certain stories, some fabricated.
Unlike in 2007, there were no reports that individuals associated
with officials used criminal libel laws to intimidate journalists and
publications. However, there were reports that defamation cases were
used to intimidate journalists and media outlets. In August the Law
Society of Kenya reported that judges often awarded exorbitant damages
against media outlets in defamation cases.
Sedition was not grounds for censorship of publications; however,
the Prohibited Publications Review Board reviewed publication bans. A
number of publications remained banned, including the Quotations of
Chairman Mao Zedong and Salman Rushdie's Satanic Verses.
Internet Freedom.--There were no government restrictions on access
to the Internet. However, the Government monitored Internet content
during the postelection violence. Individuals and groups could engage
in the peaceful expression of views via the Internet, including by e-
mail. Internet service was limited in rural areas due to lack of
infrastructure.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
but reports that the Government restricted this right increased.
Organizers must notify local police in advance of public meetings.
According to the law, authorities may prohibit such gatherings only if
there are simultaneous meetings previously scheduled for the same venue
or if there is a perceived, specific security threat.
In December 2007 the Government banned rallies by opposition
parties to protest the results of the presidential election. Civil
society groups noted that when they tried to comply with the licensing
policy, police often refused to issue permits in a timely manner.
There was an increase in incidents of police forcibly dispersing
demonstrators, particularly during the postelection crisis.
For example, in January police used teargas canisters, batons, and
live ammunition to disperse forcibly opposition supporters in Nairobi's
Kibera slum. In May civil society activists gathered in front of
parliament to protest food price increases. Police claimed they did not
have a permit and forcibly dispersed the group, arresting six
activists. In June human rights activists gathered to commemorate
International Day in Support of Torture Victims at a site used to
detain and torture opponents of the previous regime. The activists
obtained permission to enter the building to hold a commemoration for
torture victims, but police used tear gas to disperse the group as they
waited to enter. Police claimed the group did not have a permit to
assemble in front of the building while awaiting entry. The group
eventually held the event as planned.
There were no reported actions taken against police who used live
ammunition to disperse demonstrators in December 2007.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right. The Societies Act requires that every association be registered
or exempted from registration by the registrar of societies. In all,
138 political parties contested the December 2007 general elections,
and parties reported little or no difficulty registering. However,
civil society groups reported that the Government's banning of public
demonstrations during the postelection crisis restricted the right of
association in practice. For example, in the aftermath of the 2007
presidential election results, supporters of the Orange Democratic
Movement party were prevented from gathering at Uhuru Park in Nairobi
to demonstrate against the results.
The 2002 ban on membership in the Mungiki criminal organization
remained in effect. In previous years the Mungiki espoused political
views and cultural practices that were controversial in mainstream
society; the Government declared the group a criminal organization
because it ran protection rackets, particularly in the public
transportation sector, and harassed and intimidated residents. The
Mungiki had a significant following among the poor and unemployed.
Other prohibited criminal organizations with political or cultural
trappings included the Kamjesh, Chinkororo, Baghdad Boys, Jeshi la
Embakasi, Jeshi la Mzee, Amachuma, and a local group called ``the
Taliban.''
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right. There was
considerable tolerance among religious groups; however, some Muslims
believed they were treated like second-class citizens in the
predominantly Christian country.
The Government requires new religious organizations to register
with the registrar of societies. The Government allowed indigenous
religious organizations to register, although many chose not to do so.
Religious organizations generally received equal treatment from the
Government; however, some small splinter groups found it difficult to
register due to their inability to define their status as more than an
offshoot of a larger religious organization.
According to Muslim leaders, authorities rigorously scrutinized the
identification cards of persons with Muslim surnames, particularly
ethnic Somalis, and sometimes required additional documentation of
citizenship, such as birth certificates of parents and even
grandparents. The Government stated that the heightened scrutiny was an
attempt to deter illegal immigration rather than to discriminate
against ethnic Somalis or their religion. However, there were reports
that the Government arbitrarily arrested Muslim men as terrorist
suspects. For example, in December police in Lamu arrested an imam on
suspicions of aiding paramilitary training of youths. The case was
pending at year's end.
Witchcraft was illegal but still practiced, and mobs sometimes
killed alleged witches.
During the year tensions between Muslim and Christian groups
occasionally resulted in violence. For example, in late September a
group of Muslim youth in Garissa attacked Christian worshippers in a
church which was located on a plot of land that the Muslim community
claimed was intended for construction of a mosque.
The media reported in December that police prevented hundreds of
practitioners of an indigenous religion from traveling to Mount Kenya
to pray.
Societal Abuses and Discrimination.--The Jewish community was very
small and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights.
Police routinely stopped vehicles throughout the country and often
engaged in solicitation of bribes at such checkpoints. Ethnic Somalis
were required to provide additional identification. HRW stated that the
Government illegally detained and deported ethnic Somalis and
Ethiopians on the assumption they were potential terrorists; the NGO
believed that some of these deportees were Kenyan citizens and legal
residents.
In 2007 the Government began the issuance of identification
documents to urban refugee populations. The Government also registered
refugees in Dadaab camps, located in the northeastern part of the
country; however, these refugees had not received their identity
documents by year's end.
Refugee freedom of movement was severely restricted and the
Government intermittently imposed bans on travel outside of refugee
camps.
Civil servants and members of parliament must obtain government
permission for international travel, which generally was granted.
The law prohibits forced exile and the Government did not use it.
John Githongo, who resigned in 2005 as the highest anticorruption
official and went into self-imposed exile, returned in August.
Internally Displaced Persons (IDPs).--An unknown proportion of the
several thousand persons displaced by ethnic clashes from the 1990s to
the end of the reporting period had not returned to their homes due to
fear of renewed violence.
In January and February approximately 500,000 people fled their
homes in Rift Valley Province, Central Province, Nairobi, and other
sections of the country as a result of postelection interethnic
violence. The Government provided shelter, food, and transport to
approximately 350,000 IDPs, and coordinated support services with NGOs,
particularly the Kenya Red Cross Society (KRCS), and faith-based
charities. The Government and the KRCS established schools in most
camps to allow children to continue their education, although the
postelection violence disrupted many children's ability to sit for
exams. There were reports that ethnic-based militias recruited youth in
IDP camps. The East African newspaper reported in March that the
Mungiki gang and other ethnic-based militias were actively recruiting
youth living in IDP camps.
In May the Government announced ``Operation Rudi Nyumbani''
(Operation Return Home) to return IDPs in camps to their homes.
However, the majority of IDPs chose to relocate to transit sites near
to their homes. By year's end the Government had closed all IDP camps,
while KRCS reported a further 99,198 IDPs resided in transit sites. By
mid-September the Government had registered 130,000 IDP households as
eligible to receive cash assistance of 10,000 shillings (approximately
$130) to assist them in returning home; 86,000 people received payment
prior to departing the camps. Some IDP associations complained that the
Government distributed assistance in a nontransparent manner or did not
deliver it at all. In May the Representative of the UN Secretary
General for the Human Rights of IDPs visited the country and concluded
that the returns of some IDPs were not voluntary and based on informed
choices.
Rapes allegedly perpetrated by residents of camps, local residents,
and sometimes by police personnel occurred in IDP camps. From January
through March mobile clinics in IDP camps examined 2,812 sexually
assaulted women.
During the year there were many other causes of displacement, from
land disputes to flash floods. In September local NGOs in Samburu and
Isiolo reported that hundreds of pastoralists were displaced in
conflicts over pasture and watering holes. During the year Karamojong
from Uganda engaged in cross-border cattle raids in Western Rift Valley
Province, causing death and displacement among the Pokot and Turkana
tribes. In November the media reported a cross-border raid resulted in
the deaths of 13 persons in Longirit, Turkana District.
A joint military-police security operation in the Mount Elgon
region from March through September resulted in numerous IDPs(See
Section 1.g.).
Protection of Refugees.--The law provides for the granting of
asylum and refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol. The
Government provided some protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened;
however, there were reports of forcible returns of Somali asylum
seekers throughout the year; the Kenya-Somalia border remained
officially closed, preventing asylum seekers from legally entering
Kenya. Somali asylum-seekers reported paid approximately 7,500
shillings ($100) per family in bribes and transportation costs to
travel from the Kenya-Somalia border to the Dadaab camps.
The Government permitted the Office of the UN High Commissioner for
Refugees (UNHCR) to register and assist new arrivals who successfully
made their way to one of the three Dadaab refugee camps. UNHCR
registered 34,000 new arrivals in the Dadaab camps between January and
July, increasing the camp size to more than 230,000. In July UNHCR
requested government permission to build a fourth camp in Dadaab due to
severe overcrowding (the three camps were designed to accommodate
90,000 refugees); however, the Government denied the request.
The Government had not provided temporary protection since 2004 to
individuals who may not qualify as refugees under the 1951 convention
and its 1967 protocol.
The Government required all refugees to remain at UNHCR camps,
which were located near the country's borders with Somalia and Sudan,
unless refugees had been granted permission to attend higher education
institutions, receive specialized medical care outside the camp, or to
leave to avoid security threats. Approximately 55,000 refugees resided
in Nairobi at year's end; however, UNHCR provided assistance to these
refugees only in exceptional cases. The Government did not provide
opportunities for local integration; however, it worked closely with
UNHCR in facilitating refugee resettlement to other countries.
Security concerns, including rape, banditry, and shooting, remained
problems at both Dadaab and Kakuma refugee camps. Health and social
workers at the camps reported that due to strong rape awareness
programs, victims increasingly reported such incidents, resulting in
improved access to counseling. Between 2007 and the end of the year, 77
refugees were killed in Kakuma, a significant increase over the 84
deaths registered from 2003-06. During the year 287 crimes were
reported at the Dadaab camp, including physical assault, theft,
robbery, rape, attempted rape, and defilement. 212 crimes were reported
at the Kakuma camp during the year. There were no reported cases of
sexual assault by police in either camp.
Other security and human rights problems affecting refugees
included persecution of Muslim converts to Christianity, community
pressure against opponents of FGM, forced marriage, particularly of
young Sudanese and Somali girls, and family objections to out-of-clan
marriage. At times these resulted in the kidnapping of spouses and
children. UNHCR requested increased police presence in the identified
troubled areas, as well as increased patrolling within the refugee
camps. However, the request was not granted.
Fifteen relief agencies followed a code of conduct for humanitarian
workers to further reduce incidents of sexual abuse by agency staff in
refugee camps.
There were isolated incidents of interclan violence at the Dadaab
refugee camps.
The Government introduced mobile courts to serve the camp
populations, which are fully fledged judicial courts, and which proved
to be instrumental in curbing violence and unlawfulness and providing a
legal response to abuses.
Stateless Persons.--UNHCR estimated that 100,000 stateless Sudanese
Nubians, reportedly the descendants of Sudanese forcibly conscripted by
the British in the early 1900s, lived in the country. UNHCR also
reported that the Nubians should have been granted citizenship under
prevailing nationality law. In 2003 the Nubians sought judicial relief
from the Constitutional Court to be declared citizens by birth.
Citizenship is determined by jus sanguinis (based on parentage), but
the law also provides citizenship for Africans brought to the country
by colonial authorities. In 2005 they filed a memorandum of
admissibility with the African Commission on Human and Peoples' Rights
(ACHPR) under the African Charter on Human Rights. In 2007 the ACHPR
heard arguments on the admissibility of the case. The Government
presented its arguments and filed a brief on the merits of the case. No
further information on the case was available at year's end.
According to the UNHCR, an unknown number of descendants of mixed
Eritrean-Ethiopian marriages also were stateless. They were unable to
obtain citizenship in either of those countries due to strong
nationalist prejudices. The lack of proper documentation resulted in
difficulties finding employment.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government through free and fair multiparty elections, and citizens
exercised this right through generally free and fair local and
legislative elections held on the basis of universal suffrage. However,
the manner in which the December 2007 presidential election results
were tallied raised serious doubts as to whether this right was
respected in practice on the presidential level.
Elections and Political Participation.--In December 2007 the
country held local, parliamentary, and presidential elections. In all,
117 parties contested local elections, presenting 15,332 candidates. A
total of 138 parties contested parliamentary elections, putting forth
2,548 candidates. Nine parties nominated presidential candidates.
To prepare for the 2007 general elections, the Electoral Commission
of Kenya (ECK) initiated nationwide voter registration. While nearly
14.3 million citizens registered to vote, the independent review
commission concluded that voter rolls contained the names of
approximately 1.3 million deceased persons.
The election campaign was generally free and fair, although there
were instances of violence between supporters of rival parties,
especially among progovernment parties. Police generally reacted
professionally to instances of campaign violence. During the campaign
SMS messages, pamphlets, and Web logs were sometimes used to
disseminate hate speech that was banned under the election code of
conduct. The KNCHR and other civil society organizations accused the
Government of misusing state resources in the election campaign.
During the election campaign, the Government required parties to
register planned political gatherings with the police to prevent
clashes if rival parties held simultaneous rallies. Despite this
measure, political parties were able to operate largely free of
government interference. Political parties at times faced restrictions
on their activities imposed by supporters of competing political
parties or candidates.
Voter turnout was approximately 65 percent, the highest level in
the country's history. Voting and counting at polling stations was
generally conducted in accordance with democratic standards, although
there were irregularities in strongholds of both the opposition and
progovernment parties. International observers concluded that the
tallying irregularities by the ECK in Nairobi undermined the
credibility of the ECK. On December 30, 2007 the ECK announced that
President Kibaki won the election; violent protests ensued.
A mixed Kenyan-international commission appointed during the year
to evaluate the elections found that the election results were
``irretrievably polluted.'' The commission also reported that the
election results, and especially the presidential election results,
lacked integrity.
In 2007 parliament passed the Political Parties Act to reduce the
number of political parties, to promote political stability and party
accountability. During the year a registrar for political parties,
called for by the act, was established. At year's end the registrar had
granted registration certificates to 38 parties which had complied with
the Act's stringent membership and organizational requirements. Another
10 applications for registration were pending at year's end. The act
also provides for public financing for registered parties, but by
year's end the fund had not been established.
Women's participation in electoral politics remained low; however,
a record number of female candidates ran for parliament and for local
office in 2007. Nevertheless, women constituted only 10 percent of all
parliamentary candidates and held 21 of the 222 seats in parliament.
Women also held seven of 40 ministerial portfolios.
During the previous year female parliamentary candidates were
harassed and attacked.
While the constitution does not specify representation for women,
youth, or minorities, it emphasizes gender equality. Moreover, the
constitution provides for 12 nominated parliamentary seats representing
``special interests'' to be appointed by the president. Because the
constitution does not define ``special interests,'' the interpretation
of this provision is left to the nominating political parties and the
ECK.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement these laws effectively, and officials often engaged in
corrupt practices with impunity.
Frequent press reports of incidents of government corruption fueled
a widespread public perception that large-scale corruption up to the
highest levels of the Government and in parliament persisted, and that
little official action had been taken against the most corrupt.
According to the Mars Group, an anticorruption think tank, 25 members
of the 42-member cabinet were criticized in parliamentary inquiries
into corruption. The World Bank's 2007 Worldwide Governance Indicators
reflected that corruption was a severe problem.
In 2003 the Government created the Kenya AntiCorruption Commission
(KACC) and in 2004 appointed a director and other staff. Local
anticorruption watchdog groups continued to claim that the KACC had
accomplished little, despite significant financial support provided by
the Government. Some civil society organizations reported that the
Government also used the anticorruption commission to harass critics.
In 2007 both the NGO Name and Shame Corruption Network Campaign and the
Center for Law and Research International claimed the KACC failed to
investigate and prosecute influential persons and criticized its
failure to address the 2006 Goldenberg and Anglo Leasing scandals. The
KACC director told the media he had forwarded 284 cases to the attorney
general for prosecution. During President Kibaki's first term no top
officials were charged with corruption, despite numerous scandals.
In December the KACC sued seven current and former members of
parliament for making fraudulent reimbursement claims for allowances
totaling 20 million shillings ($250,000). Among those accused was
Information Minister Samuel Poghisio, who denied taking 2.8 million
shillings ($37,000) in 2006 and 2007. The case was pending at year's
end.
In September 2007 the findings of the Kroll Report were leaked. In
2003 the incoming Kibaki government had commissioned the Kroll Report,
an investigation into stolen state assets. The report provided evidence
indicating that former president Daniel arap Moi, his family, and his
associates stole more than two billion shillings ($30 million) of state
revenues. However, the Government indicated it would not attempt to
recover the assets, claiming a lack of substantial evidence in the
report. It also blamed developed countries for allowing stolen money to
be deposited in their banks.
The Public Officers and Ethics Act requires that senior officials
disclose their assets. However, the law does not require that
disclosures be released to the public or the media.
There is no freedom of information law; however, access to
government information, particularly through the Internet, improved.
The Government spokesman's briefings were televised, and updates of
many government Web sites were prompt. In March parliamentary debate
was televised lived for the first time. Beginning in June radio
stations regularly broadcasted parliamentary proceedings.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. With the exception of
the police, government officials were usually cooperative and
responsive to the queries of these groups. However, there were reports
that officials also intimidated NGOs and threatened to disrupt their
activities, and that less-established NGOs (particularly in rural
areas) were subjected to interference from provincial administrators
and security forces. For example, in January human rights activists
claimed that individuals affiliated with government officials
threatened them because they questioned the presidential election
results. The human rights activists also claimed that security agencies
conducted surveillance of their activities.
For example, local authorities filed criminal charges against two
persons who helped document allegations of human rights abuses against
security forces in the Mount Elgon region. The Government restricted
access to the region for one humanitarian NGO active in the Mount Elgon
area (See Section 1.g.).
Approximately 15 domestic organizations advocated for human rights
in the country; 14 were independent of the Government. Several NGOs
maintained comprehensive files on local human rights abuses. A number
of attorneys represented the indigent and human rights advocates
without compensation, although they could handle only a small
percentage of those who needed assistance and were concentrated in
Nairobi and other large cities. The Government sometimes allowed human
rights organizations to witness autopsies of persons who died in police
custody.
NGOs monitored the December 2007 general elections in cooperation
with the electoral commission, the KNCHR, and foreign diplomatic
missions.
A number of human rights organizations, including the Kenya Human
Rights Commission, IMLU, and the KNCHR, produced reports cataloguing
human rights abuses. The KNCHR has the status of an appeals court and
can issue summonses, order the release of prisoners, and require
compensation for human rights abuses. In 2006 the organization's first
human rights tribunal ordered the Government to pay journalist Peter
Makori approximately 5,053,671 shillings ($70,000) for police abuse and
illegal detention in 2003; however, it was not known whether payment
was made.
In November 2007 the UN Special Rapporteur for Extrajudicial
Killings requested permission to visit the country to investigate the
killings of suspected Mungiki members; the Government approved the
request in July, but the visit had not taken place by year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons.
The constitution and law prohibit discrimination based on race,
tribe, place of origin or residence, or other local connection,
political opinions, color, creed, or gender. However, government
authorities did not enforce effectively many of these provisions. There
was also evidence that some government and opposition officials
tolerated, and in some instances instigated, ethnic violence. The law
establishes limited rights for the disabled, but does not prohibit
discrimination based on language or social status.
Women.--The law criminalizes rape, defilement, sex tourism, and
sexual harassment; however, implementation remained limited, and sexual
offenses remained largely underreported. The law does not specifically
prohibit spousal rape.
The law provides a maximum penalty of life imprisonment for rape,
although sentences usually were no longer than the minimum of 10 years.
The law establishes a minimum sentence for defilement-defined as a
sexual act with a child involving penetration-of life imprisonment if
the child is under 11 years old, of 20 years if the child is between 11
and 16 years old, and of 10 years if the child is between 16 and 18
years old; a child is any person under 18 years of age. NGO activists
complained that a provision in the law that criminalized false claims
of sexual assault deterred the reporting of sexual offenses.
NGOs reported an increase in rape-including rape committed by
members of the security forces-during the postelection period(See
Section 1.c.). From January to March the Nairobi Women's Hospital and a
partner hospital received 939 cases of sexual violence; 95 percent of
the victims were women, 17 percent below the age of nine. There were
also reports of sexual assault in IDP camps (See Section 2.d.). In July
the Nairobi police commissioner testified before an inquiry on
postelection violence that police did not keep statistics on the
incidence of gender-based violence during the postelection period.
Official police statistics showed a decrease in reported rape cases to
627 during the year, down from 841 in 2007. However, human rights
groups estimated that more than 16,000 rapes were perpetrated annually.
The rate of reporting and prosecution of rape remained low because of
cultural inhibitions against publicly discussing sex; victims' fear of
retribution; police reluctance to intervene; especially in case cases
where family members, friends, or acquaintances were accused of
committing the rape; poor training of prosecutors; and the
unavailability of doctors who might provide the evidence necessary for
conviction. However, some NGOs reported that courts gave increasingly
harsh sentences to those convicted of rape, especially cases involving
minors. For example, in July a court in Nyahururu sentenced a man to 10
years' imprisonment for defiling his daughter. In September a court in
TransMara district sentenced another man to 20 years for defilement.
In 2007 Coast General Hospital in Mombasa opened the first postrape
treatment center outside Nairobi.
Domestic violence against women was a serious and widespread
problem but often condoned by society and the courts. The penal code
does not contain specific provisions against domestic violence, but
treats it as assault. Police generally refrained from investigating
cases of domestic violence, which they considered a private family
matter. The 2005 Kenya Demographic and Health Survey revealed that more
than half of women had experienced domestic violence after the age of
15. In July a court of appeal overturned the murder conviction of a man
who killed his wife in 2004, ruling that the man's intoxication negated
his ability to form the intent to murder. The court convicted him of
manslaughter and reduced his sentence by three years. In August police
arrested a man in Homa Bay and charged him with murdering his wife
because she refused to have sex with him. The case was ongoing at
year's end. NGOs, including the Law Society of Kenya and the Federation
of Women Lawyers, provided free legal assistance to some victims of
domestic violence.
Prostitution is illegal but was widespread. While operating a
brothel is illegal, soliciting prostitution is not a crime. Police
arrested women engaged in prostitution. High rates of prostitution
existed in tourist areas such as Nairobi and coastal tourist areas. On
December 31, police raided a Nairobi strip club and arrested women
accused of prostitution, but did not arrest the owners of the club.
The law prohibits sexual harassment; however, sexual harassment
continued to be a problem. It was often not reported and rarely
resulted in charges being filed.
The law provides equal rights to men and women and specifically
prohibits discrimination on grounds of gender; however, women
experienced a wide range of discrimination in matrimonial rights,
property ownership, and inheritance rights. Women constituted an
estimated 75 percent of the agricultural work force and were active in
urban small businesses. The average monthly income of women was
approximately two-thirds that of men. Women held only 6 percent of land
titles; under traditional law, women in many ethnic groups could not
own land. Women had difficulty moving into nontraditional fields, were
promoted more slowly, and were more likely to be laid off. Societal
discrimination was most apparent in rural areas. Women also faced
discrimination in access to employment and to credit. The justice
system-particularly customary law-often discriminated against women,
limiting their political and economic rights and relegating them to
second-class citizenship. In September 2007 the Government pledged to
reserve one-third of civil service positions for women, but had not
implemented its pledge by year's end.
The Law of Succession, which governs inheritance rights, provides
for equal consideration of male and female children but terminates the
inheritance rights of widows if they remarry. Moreover, a widow cannot
be the sole administrator of her husband's estate unless she has her
children's consent. The law also allows the Ministry of Justice to
exempt certain communities from the law in deference to tradition,
which in some cases, provides for equal distribution of a man's
property only among his sons. The law allows only males to transmit
citizenship automatically to their spouses and children.
Certain communities commonly practiced wife inheritance, in which a
man inherits the widow of his brother or other close relative,
regardless of her wishes. Other forced marriages were also common.
Although poor and uneducated women were more likely to be inherited or
suffer from property and inheritance discrimination, prominent and
educated women sometimes were victims.
Children.--There were legislation and policies to promote education
and protect children's rights; however, the Government did not
implement its policies fully.
According to 2003 UNICEF data, only 81 percent of births in urban
areas and 57 percent in rural areas were registered. Lack of official
birth certificates resulted in discrimination in delivery of public
services such as education and health care.
Primary education was tuition-free; however, classes were
overcrowded due to insufficient teachers and an inadequate budget. Boys
outnumbered girls in secondary education by nearly 25,000 students.
Rural families were more reluctant to invest in educating girls than
boys, particularly at higher levels. In February the Centre for the
Study of Adolescence reported that between 10,000 and 13,000 girls
dropped out of school annually due to pregnancy. While the Education
Act gave pregnant girls the right to continue their education until and
after giving birth, NGOs reported that schools often did not respect
this right and that schoolmasters sometimes expelled pregnant girls.
The Ministry of Education estimated that 80,000 children dropped out of
school annually due to forced marriages and child labor. For example,
the newspaper The Nation reported in July that a six-year old girl in
Isiolo was forced to marry a 54 year-old man. The children's officer in
Isiolo reported that 20 girls between the ages of nine and 14 in the
district were married off each year. Cherish Others, a local NGO,
reported 21 cases of child marriage in TransMara district during the
year. UNICEF also reported that nine out of 10 children from poor
households failed to complete primary education. Approximately 40
percent of university students were female.
During the year the Government implemented a program to subsidize
secondary education; however, the Government only paid for the subsidy
to schools with a minimum class size of 40 students.
The Government ordered provincial administrators to arrest parents
who did not take or send their children to school. However, this law
was not enforced uniformly. In August an assistant chief in Garissa
district ordered police to arrest the parents of a girl for forcing her
to drop out of school.
Despite calls for reinstatement of corporal punishment after a wave
of student violence struck schools throughout the country during the
year, the Government continued its ban. There were reports that
corporal punishment occurred throughout the year, with caning the most
frequent form of punishment.
The law prohibits FGM, but it was still practiced, particularly in
rural areas. FGM usually was performed at an early age. According to
UNICEF, one-third of women between the ages of 15 and 49 had undergone
FGM. Of the country's 42 ethnic groups, only four (the Luo, Luhya,
Teso, and Turkana who together constituted approximately 25 percent of
the population) did not traditionally practice FGM. According to the
Ministry of Gender and Children Affairs, 90 percent of girls among
Somali, Kisii, Kuria, and Maasai communities had undergone the
procedure. The rates among other communities were: Taita Taveta (62
percent); Kalenjin (48 percent); Embu (44 percent); and Meru (42
percent). FGM was less practiced among the Kikuyu and Kamba with 34
percent and 37 percent respectively. There were public awareness
programs to prevent the practice, in which government officials often
participated. In September the Government launched a National FGM
Coordinating Committee to provide guidance to organizations fighting
FGM.
Some churches and NGOs provided shelter to girls who fled their
homes to avoid FGM, but community elders frequently interfered with
attempts to stop the practice.
In December more than 100 girls in Bomet district were subjected to
FGM, causing the district commissioner to instruct police to arrest
anyone perpetrating FGM. The media also reported in December that more
than 200 girls in Marakwet District were forcibly subjected to FGM.
However, no arrests were reported in either Bomet or Marakwet.
Various communities and NGOs have instituted ``no cut'' initiation
rites for girls as an alternative to FGM. According to the Family
Planning Association of Kenya, its ``no cut'' program, called Ntanira
na Kithomo (Initiate Me through Education), contributed to a 13 percent
decline in the prevalence of FGM in Meru North District in 2005.
However, NGO activists have noted that other districts have seen an
increase in FGM.
Child rape and molestation continued to be serious problems. Police
reported that 1,626 children were defiled during the year. Newspapers
contained frequent reports of molestation or rape of children by
relatives, neighbors, teachers, police, and clergy. In 2007 the Nairobi
Women's Hospital handled 915 cases of child abuse; however, the stigma
attached to sexual violence made many people reluctant to report such
cases or seek assistance, and the true rate of occurrence was likely
much higher.
NGOs The CRADLE and Care Kenya released a 2006 report entitled
Robbing the Cradle that indicated an increase in child sexual abuse and
a decrease in the age of the youngest victims. The most vulnerable
victims were girls under age 18 and boys aged three to eight. Most
child abusers were neighbors, fathers, and other relatives. In October
a judge in Nairobi sentenced a man to 10 years in prison for attempting
to defile his seven-year-old daughter.
Teachers were the worst perpetrators in the professional category,
with pastors and police officers following closely. In 2007 the
Ministry of Education dismissed 76 teachers for having inappropriate
sexual relations with students, although NGOs reported that accused
teachers were generally transferred to different schools rather than
dismissed and prosecuted. In July the newspaper the Daily Nation
reported that Homa Bay education officials were investigating
allegations that one teacher had impregnated four primary school
students. However, no charges were expected to be filed.
In August a high court in Kisumu sentenced a man to 20 years in
jail for defiling a 13-year-old girl at knifepoint. In September police
arrested a teacher in Nairobi for defiling a two-year-old boy. The case
was ongoing at year's end.
Media reported discrimination against uncircumcised boys.
Newspapers frequently highlighted the problem of child marriages,
which was commonly practiced among certain ethnic groups. According to
UNICEF, 25 percent of young women had been married as children. The
Marriage Act forbids marriage under the age of 16, but the Mohammedan
Marriage and Divorce Act (MMDA) allows Muslim girls to marry at
puberty. If a marriage is entered into under the provisions of the
MMDA, any court hearing matters related to the marriage will apply the
provisions of the MMDA when deciding the case.
In September the media reported that a local chief rescued a 13-
year-old female orphan and a 15-year-old girl in Kisumu East from
forced marriages arranged by their guardians. Police arrested the
guardians and the case was ongoing at year's end.
Child prostitution increased in recent years due to both poverty
and the increase in the number of children orphaned by HIV/AIDS. Strong
growth in the tourism industry also led to a large increase in foreign
and domestic tourists seeking sex with underage girls and boys. The
newspaper Daily Nation reported in 2007 that between 10,000 to 30,000
children engaged in prostitution, mostly in tourist areas.
In 2006 the director of children's services announced that, through
a justice sector reform program, children's officers, probation
officers, and provincial administrators had received training on
children's rights, and 80 chief children's officers had been appointed
to the Department of Children's Services. In 2007 the Government
converted a former prison house in Naivasha into a shelter for abused
children operated by a local NGO. During the year the children's
services department hired 160 new children's officers, bringing the
number to 333.
Poverty and the spread of HIV/AIDS continued to intensify child
homelessness. In 2007 the Government began a pilot program to place two
million AIDS orphans with families in 20 districts. In 2007 the program
placed 5,000 children in homes. In 2006 the children's rights NGO,
African Network for the Prevention and Protection Against Child Abuse
and Neglect, estimated that 750,000 children lived on the streets.
Street children faced harassment and physical and sexual abuse from
police and others, and within the juvenile justice system.
The Government operated programs to place street children in
shelters and assisted NGOs in providing education, skills training,
counseling, legal advice, and medical care to girls abused and street
children exploited in the commercial sex industry.
There were reports of children joining gangs and militia, and of
the Mungiki gang recruiting young boys from schools (See Section 1.g.).
Trafficking in Persons.--The law does not explicitly prohibit all
forms of trafficking in persons, although it criminalizes trafficking
of children and trafficking in persons for the purpose of sexual
exploitation. Persons were trafficked to, from, and within the country.
The country was a source, transit, and destination country for men,
women, and children trafficked for forced labor and commercial sexual
exploitation. Children were trafficked within the country for domestic
servitude, street vending, agricultural labor, and commercial sexual
exploitation, including in the coastal sex tourism industry. During the
year there were reports that ethnic-based militia were recruiting
youth, including those in IDP camps (See Section 1.g.). Men, women, and
girls were trafficked to the Middle East, other African nations,
Europe, and North America for domestic servitude, enslavement in
massage parlors and brothels, and forced manual labor. Foreign
employment agencies facilitated and profited from the trafficking of
Kenyan nationals to Middle Eastern nations, notably Saudi Arabia, the
United Arab Emirates, and Lebanon, as well as to Germany. Chinese,
Indian, and Pakistani women reportedly transited Nairobi en route to
exploitation in Europe's commercial sex trade. Brothels and massage
parlors in Nairobi employed foreign women, some of whom were likely
trafficked. Asian nationals were trafficked into the country and
coerced into bonded labor. According to the 2006 UNICEF/Ministry of
Home Affairs research report, 10,000 to 15,000 girls living in four
main coastal resort areas were involved in prostitution, representing
up to 30 percent of all 12- to 18-year-olds living in these areas.
Police reportedly investigated trafficking cases in the coastal and
Rift Valley regions; however, the Government was unable to provide
statistics on trafficking-related investigations, arrests, and
prosecutions during the year.
Victims trafficked abroad generally were recruited through
employment agencies under false pretenses. Domestic trafficking victims
were often lured by friends and relatives, who offered them false
promises of marriage, good employment, or access to education. Poor
families were misled into believing that their child was gaining the
opportunity for a better life. The NGO Behavioural Change Plus Care of
Humanity reported that traffickers targeted poor and illiterate girls
in slum areas to work for little or no pay. For example, during the
year a local NGO rescued six girls from Western and Nyanza provinces
who had been lured to Nairobi to work as domestic servants.
Trafficking of Asians generally occurred through recognized border
crossing points, using both legitimate and forged travel documents.
However, nationals of neighboring countries were often trafficked using
forged travel documents and entered the country through unmonitored
border crossing points. In May The Standard newspaper reported that
police arrested 15 Indian nationals who had been trafficked to the
country. They were subsequently deported. In November the newspaper The
Nation quoted an immigration officer saying that approximately 80
trafficked foreigners were repatriated monthly.
The minimum penalty for trafficking for sexual exploitation is 15
years' imprisonment, a fine of up to two million shillings ($27,400),
or both. The minimum sentence for child trafficking is 10 years in
prison and a fine of approximately two million shillings ($27,400).
However, fines in practice were limited, and jail time was rarely
imposed. Laws prohibiting the forcible detention of women for
prostitution, child labor, transportation of children for sale, and the
commercial sexual exploitation of children can also be used to
prosecute trafficking-related offenses. In 2007 the National Steering
Committee to Combat Human Trafficking, chaired by the vice president's
office and the Ministry of Home Affairs permanent secretary, selected a
task force of government agencies, NGOs, and UN agencies to draft a
national plan of action and a smaller group to serve as a secretariat.
During the year, police assisted with international trafficking in
persons investigations in other countries. There were no reports that
the Government had received any requests to extradite citizens accused
of trafficking in persons offenses in other countries.
The police antitrafficking unit, in conjunction with other police
formations, has primary responsibility for combating trafficking. In
2007, 14 community policing and child protection police units were
established. However, police had limited capacity to track data on
trafficking arrests, and no year-end statistics were available.
In April police arrested a Congolese national for running a
trafficking ring based in Nairobi. In May Nairobi police arrested two
persons for running an international trafficking ring. These cases were
ongoing at year's end. In May the media reported that police closed a
children's home in Kajiado for trafficking a child to the United
Kingdom.
Government collaboration with NGOs to combat human trafficking
increased. Awareness among government departments continued to grow
during the year, largely due to NGO efforts to study the issue, educate
the media, and inform the public about the problem. The media,
especially the Government-owned Kenya Broadcasting Corporation,
reported cases of suspected human trafficking.
At year's end six people were on trial for trafficking 14 children-
aged six months to 12 years-in Bomet and Nandi districts.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical or mental disabilities in employment,
education, access to health care, or the provision of other state
services; however, the Government did not effectively enforce these
provisions. The Ministry of Health is the lead ministry responsible for
implementing the law, but implementation has been slow. The Government
has equipped some public buildings with wheelchair ramps, and
wheelchair-accessible elevators and sanitary facilities. The Government
assigned each region a sign-language interpreter for court proceedings.
NGOs reported that persons with disabilities were
disproportionately affected by postelection violence, especially in IDP
camps. However, NGOs reported that camp administrators often failed to
recognize those with mental disabilities.
A 2007 study conducted by KNCHR revealed that many students with
disabilities were denied admission to regular schools, while in some
cases the Government declined to fund special schools. The Education
Ministry permanent secretary stated that only 35,000 of the 147,000
children with special needs were enrolled in school, while the KNCHR
commissioner contended that fewer than 10 percent of children with
special needs were enrolled in school. However, the number of special
education teachers who have graduated from the Kenya Institute of
Special Education increased to 9,000 in 2007.
The KNCHR also stated that the Kenya National Examination Council
(KNEC) failed to provide adequate testing facilities and resources for
students with disabilities. KNEC claimed that it provided special
accommodations, such as exams in Braille and in large print for
visually impaired candidates and extra time to complete exams. The
Government was developing disability-specific curricula, but the
process was slow because the Government failed to allocate sufficient
resources and staff.
National/Racial/Ethnic Minorities.--The population is divided into
more than 40 ethnic groups, among whom discrimination and occasional
violence were frequent. The 1999 census indicated that Bantu ethnic
groups constituted approximately 67 percent of the population, of which
the Kikuyu and closely related Embu and Meru accounted for 32 percent,
the Luhya 16 percent, and the Kamba 10 percent; Nilotic groups
constituted 30 percent, of which the Kalenjin accounted for 12 percent
and the Luo 11 percent; and Cushitic groups-mainly Somalis-constituted
3 percent of the population. The Kikuyu and related groups dominated
much of private commerce and industry and often purchased land outside
their traditional home areas, which sometimes resulted in fierce
resentment from other ethnic groups. The numerically small and
shrinking South Asian community controlled a disproportionate share of
commerce.
The conflict between two Cushitic groups in the far northeast
continued, with each group accusing the other of maintaining militias
and receiving armed support from their ethnic kinsmen across the border
in Ethiopia and Somalia to harass, intimidate, and kill members of the
other group. In October the Government sent a joint force of police and
military personnel to interdict illegal weapons fueling the conflict.
During the operation, security forces forcibly detained males in El
Wak, Garri, and Mandera town. KNCHR accused police personnel of
engaging in torture by whipping men with electrical cables and
subjecting them to beatings while demanding that they surrender illegal
weapons.
During the year postelection violence often had an ethnic
component. Interethnic violence increased during the year after the
December 2007 announcement of the presidential election results. In
January mobs in opposition strongholds, such as the Rift Valley and the
western provinces, violently targeted ethnic Kikuyu and others
suspected of supporting the incumbent president. In retaliation, Kikuyu
mobs perpetrated vigilante attacks on nonKikuyu residents in Central
Province, Nakuru, Naivasha, and areas of Nairobi. The violence
continued until the signing of a political power-sharing agreement in
late February.
For example, in early January, a mob set fire to a church where
Kikuyu residents sought sanctuary, killing 35 people, mostly women and
children. On January 4, a Kikuyu mob stopped and burned a bus traveling
to the western region of the country, killing all the passengers. The
passengers were members of a tribe that supported the opposition. In
late January Kikuyu mobs in Nakuru and Naivasha attacked non-Kikuyu
residents of the town, killing 90 persons. NGOs and the media estimated
that a total of 1,500 persons were killed, and the UN estimated that
500,000 persons were displaced during the postelection violence. In
September KNCHR issued a report which concluded that much of the
violence was organized and financed by politicians.
Through the provincial administrations, the Government held public
meetings to promote reconciliation in communities affected by the
postelection violence and to establish a forum for dialogue and
peaceful resolution of conflicts. NGOs reported that implementation of
reconciliation efforts was not uniform. During the year NGOs and church
organizations were also involved in attempts to reconcile communities
affected by postelection violence. Land conflicts during the year took
place between the Maasai and Kipsigis in southern Rift Valley Province
in June and between Maasai and Kikuyu in Naivasha in September.
Many factors contributed to interethnic conflicts: longstanding
grievances over land tenure policies and competition for scarce
agricultural land, the proliferation of guns, the commercialization of
traditional cattle rustling, the growth of a modern warrior/bandit
culture (distinct from traditional culture), ineffective local
political leadership, diminished economic prospects for groups affected
by a severe regional drought, political rivalries, and the inability of
security forces to adequately quell violence. Conflict between land
owners and squatters was particularly severe in Rift Valley and Coast
provinces, while competition for water and pasturage was especially
serious in the northern districts of Rift Valley and Eastern Provinces
and in North Eastern Province.
In private business and in the public sector, members of nearly all
ethnic groups commonly discriminated in favor of other members of the
same group. Some neighborhoods, particularly in slum areas of the
capital, tended to be segregated ethnically, although interethnic
marriage had become fairly common in urban areas.
Other Societal Abuses and Discrimination.--There was societal
discrimination based on sexual orientation. In 2007 the Council of
Imams and Preachers of Kenya and other civic leaders condemned
homosexuality and argued against legalizing gay marriages. A group in
Mombasa created the Muslim Youth Pressure Group to oppose homosexuality
in 2007.
There was societal discrimination against homosexuals and persons
with HIV/AIDS during the year. The common view of HIV/AIDS as a stigma
made it difficult for many families to acknowledge that a member was
HIV-positive, and to date no socially or politically prominent
individual has admitted being HIV-positive. However, there were fewer
reports of violence against persons with HIV/AIDS. During the year
courts awarded legal judgments which recognized discrimination against
persons with HIV. For example, in July a Nairobi high court awarded 2.2
million shillings ($28,000) to a woman who had been wrongfully
discharged from her job due to her HIV-positive status.
The Ministry of Defense arranged for uniformed personnel, their
families, and some local persons to have access to HIV counseling and
testing, prevention programs, and antiretroviral treatment during the
year.
The Government worked in cooperation with international donors on
programs for HIV/AIDS prevention and treatment. This cooperation
enabled a continued expansion of counseling and testing as well as care
and treatment. During the year, the number of people with knowledge of
their HIV status and those able to achieve improved health if found to
be infected more than doubled. These developments were seen as key to
reducing stigma and discrimination.
Organizations representing persons with albinism claimed that they
suffered widespread discrimination. On December 25, a child with
albinism was killed in Namangan because the perpetrators believed that
the death of a person with albinism would bring wealth and fortune. By
year's end the investigation was still ongoing.
Section 6. Worker Rights
a. The Right of Association.--The law provides that all workers,
including those in the export processing zones (EPZs), are free to form
and join unions of their choice, and workers exercised this right in
practice. Workers numbering seven or more in an enterprise have the
right to form a union by registering with the trade union registrar. If
the registrar denies registration, a union may appeal to the courts.
The armed forces, police, prisons service, and the administration
police are explicitly prohibited from forming or joining unions. There
were 42 unions representing an estimated 500,000 workers, approximately
one-third of the formal sector work force. The law allows unions to
conduct their activities without government inference, including the
right to strike, but this right was not always protected.
The law permits workers to strike, but requires formal conciliation
procedures to have been exhausted and seven days notice to both the
Government and the employer. The law permits the Government to deny
workers the right to strike under certain conditions. For example,
members of the military, police, prison guards, and the National Youth
Service are prohibited from striking. Other civil servants are allowed
to strike following the seven day notice period.
The Ministry of Labor typically referred disputes to mediation,
fact-finding, or binding arbitration at the Industrial Court; during
mediation any strike is illegal, thus removing legal prohibitions on
employer retaliation against strikers. In practice, a Ministry of Labor
referral to dispute resolution nullifies the right to strike. For
example, in 2006 the Universities Academic Staff Union (UASU) sought
wage rises varying from 298 to 520 percent. In 2006 the Government
referred the dispute to the Industrial Court, which awarded UASU a 30
percent pay rise in September 2008.
b. The Right to Organize and Bargain Collectively.--While not
having the force of law, the Industrial Relations Charter (IRC),
implemented by the Government, Central Organization of Trade Unions
(COTU), and the Federation of Kenya Employers, gives workers the right
to engage in legitimate trade union organizational activities, and the
Government protected these rights. Both the Trade Disputes Act and the
IRC authorize collective bargaining between unions and employers, and
unions and management establish negotiated wages and conditions of
employment.
Security forces cannot bargain collectively but have an internal
board which reviews salaries. Other groups that cannot bargain
collectively, such as health sector workers, have associations, not
unions, which negotiate wages and conditions that match the
Government's minimum wage guidelines; however, these agreements were
not legally enforceable. Workers in the military, prisons, the National
Youth Service and teachers under the Teachers' Service Commission do
not have the right to bargain collectively.
Except for the Factories Act, all labor laws apply in the EPZs;
however, the EPZ Authority and the Government granted many exemptions
to applicable laws. For example, the Government waived a provision of
the law that prevents women from working in industrial activities at
night. The Tailors and Textiles Workers Union claimed that a number of
garment producers in the EPZs have refused to recognize the union and
resisted its efforts to organize their workers. The law prohibits
employers from intimidating workers; however, some antiunion
discrimination occurred, including in garment plants in the EPZs. The
Industrial Court, a body of up to five judges appointed by the
president, can order reinstatement and damages in the form of back pay
for employees wrongfully dismissed for union activities. The Government
voiced its support for union rights but did not protect them fully.
Some unions complained that employers resisted efforts to establish
unions in their factories, even where most workers indicated a desire
for union membership, and that the Industrial Court and Ministry of
Labor and Human Resource Development were ineffective in compelling
employers to comply with the law.
During the year the Government strengthened the labor dispute
system by giving the Industrial Court the ability to enforce its
decisions. However, union leaders reported that employers often did not
comply with reinstatement orders, and workers often accepted payment in
lieu of reinstatement.
Prohibition of Forced or Compulsory Labor.--The law prohibits
slavery, indentured servitude, and forced and bonded labor, including
by children, but such practices reportedly occurred. Women, children,
and men were trafficked for commercial sexual exploitation and labor
(See Section 5.).
Forced child labor occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits all forms of child labor that are exploitative,
hazardous, or would prevent children under age 16 from attending
school. However, child labor was widespread, particularly in the
informal sector, and children were trafficked for commercial sexual
exploitation and labor. The Ministry of Labor and Human Resources
Development nominally enforced the minimum age statute.
The law defines child labor, and the worst forms of child labor can
be prosecuted, both under the Children's Act, which prohibits child
sexual exploitation, and under the penal code. The Employment Act of
2007 also prohibits the employment of a child (defined as a person
under the age of 18) in any activity that constitutes a worst form of
child labor, includes fines of up to 200,000 shillings ($25,000) and/or
imprisonment for up to 12 months. The penal code prohibits procurement
of a girl under 21 for unlawful sexual relations and criminalizes child
commercial sexual exploitation, child labor, and the transport of
children for sale. Persons under 18 may not be employed in any
industrial undertaking at night, employment should not cause children
to reside away from parents without their approval, and permission to
work in a bar, hotel, or restaurant requires annually-renewed consent
from the labor commissioner. Children under 13 are prohibited from
working; also, children between 13 and 16 years of age may only perform
``light work'' which is not harmful to their health or development and
does not interfere with their schooling. However, the law does not
apply minimum age restrictions to children serving as apprentices under
the terms of the Industrial Training Act.
An estimated one million children between five and 17 years of age-
most between 13 and 17 years old-worked; approximately 773,000 of those
children were classified as child laborers. The employment of children
in the formal industrial wage sector in violation of the Employment Act
was rare. Children worked primarily in the informal sector, which was
difficult to monitor and control. Many children worked on family plots
or in family units on tea, coffee, sugar, and rice plantations.
Children also worked in mining, including abandoned gold mines, and
small quarries, breaking rocks and sifting through tailings. Children
often worked long hours as domestic servants in private homes for
little or no pay, and there were reports of physical and sexual abuse
of child domestics. In addition thousands of children were exploited in
the sex industry. Forced or compulsory labor by children, such as
agricultural labor, prostitution, and domestic servitude sometimes were
initiated by their parents. During the year there were reports that
ethnic-based militia recruited children.
The Government worked closely with COTU and the International Labor
Organization to eliminate child labor. In 2004 the Government prepared
a practical guide to labor inspection and trained labor inspectors and
occupational health and safety officers to report on child labor. In
2006 the Government renewed the three-year mandate for the National
Steering Committee on the Elimination of Child Labor, which includes
the attorney general, eight ministries, representatives of child
welfare organizations, other NGOs, unions, and employers. An
Interministerial Coordination Committee on Child Labor, chaired by the
minister for gender and children's affairs, was responsible for setting
general policy.
Many NGOs were active on child labor issues and assisted in the
return to school of child laborers. During the year the Government
continued to implement 73 programs for the elimination of child labor
with 25 partner agencies. The partners placed the children in schools,
vocational training institutions, and apprenticeships, and supported
income-generating activities for an estimated 10,000 parents. Partners
also provided support to schools for income-generating activities to
help keep children from poor families in school.
UNICEF, the Ministry of Tourism and Wildlife, the World Tourism
Organization, and NGOs continued to work with hotels and tour operators
to increase their awareness of child prostitution and sex tourism. They
encouraged all hospitality-sector businesses to adopt and implement the
code of conduct developed by the NGO End Child Prostitution and Child
Pornography and Trafficking of Children for Sexual Purposes (ECPAT). In
2006, 30 hotels on the coast signed the ECPAT code of conduct. The
Ministry of Tourism and Wildlife's campaign to register villas and
cottages and impose the same requirements as on hotels resulted in an
estimated 1,200 registrations. In 2007, 20 more hotels had signed the
code of conduct; by year's end 10 additional hotels had signed the code
of conduct.
During the year the Child Protection Department of the Ministry of
Gender and Child Services hired 150 new children's officers. This
followed the hiring of an additional 160 officers in 2007. The
Government's cash transfer program for orphans and vulnerable children
(partially funded by UNICEF) expanded during the year to reach more
than 25,000 children in 17 districts, providing approximately 500-1,000
shillings ($8-$15) per child per month to help fund basic needs,
including school costs, so that the children would not have to work.
e. Acceptable Conditions of Work.--Labor laws passed in 2007
established two weeks' paternity leave, increased maternity leave with
full pay from two to three months, and compensated both public and
private employees for work-related injuries and diseases contracted at
work, among other provisions. However, during the year employers
challenged these provisions in court. At year's end the case was
ongoing.
There is no national minimum wage. However, the Government
established minimum wages by location, age, and skill level. In many
industries the legal minimum wage equaled the maximum wage. The lowest
urban minimum wage was approximately 7,578 shillings ($105) per month,
and the lowest agricultural minimum wage for unskilled employees was
2,536 shillings ($35) per month, excluding housing allowance. In 2007
the Productivity Center of Kenya, a tripartite institution including
the Ministry of Labor, the Federation of Kenyan Employers, and COTU,
set wage guidelines for various sectors based on productivity,
inflation, and cost of living indices. The minimum wage did not provide
a decent standard of living for a worker and his or her family. Most
workers relied on second jobs, subsistence farming, other informal
work, or the extended family for additional support. A large percent of
the labor force worked in the informal sector and were not covered by
these provisions.
The law limits the normal workweek to 52 hours (60 hours for night
workers); some categories of workers had lower limits. The law
specifically excludes agricultural workers. An employee in the
nonagricultural sector is entitled to one rest day per week, and there
are provisions for 21 days of combined annual and sick leave. The law
also requires that total hours worked (regular time plus overtime) in
any two-week period not exceed 120 hours (144 hours for night workers).
The Ministry of Labor and Human Resources Development was responsible
for enforcing these regulations. Violations were reported during the
year. Workers in some enterprises, particularly in the EPZs and road
construction, claimed that employers forced them to work extra hours
without overtime pay to meet production targets. In addition employers
often did not provide nighttime transport, leaving workers vulnerable
to assault, robbery, and sexual harassment.
The law detailed environmental, health, and safety standards;
however, the Government did not effectively enforce the law. Fines
generally were too low to serve as a deterrent to unsafe practices.
EPZs are excluded from the Factory Act's provisions. The Ministry of
Labor's Directorate of Occupational Health and Safety Services (DOHSS)
has the authority to inspect factories and work sites, except in the
EPZs; it had 75 inspectors, an increase of 25 from the 2006-07 fiscal
year, but far short of the 168 reportedly needed to inspect factories
adequately and enforce its safety and health orders. Informal surveys
found widespread hazards such as lack of basic safety equipment and
emergency escape routes. DOHSS occupational safety and health advisers
made 405 safety audits from July 2007 through June. DOHSS prosecuted 29
firms for violating occupational health and safety regulations during
the same period. Labor unions and NGOs continued to criticize health
and safety conditions in the EPZs and other sectors, such as small
horticultural producers.
DOHSS health and safety inspectors can issue notices against
employers for practices or activities that involve a risk of serious
personal injury. Such notices can be appealed to the Factories Appeals
Court, a body of four members, one of whom must be a high court judge.
The law stipulates that factories employing 20 or more persons should
have an internal health and safety committee with representation from
workers. DOHSS developed a program to help factories establish the
committees and trained them to conduct safety audits and submit
compliance reports to DOHSS. However, according to the Government,
fewer than half of the largest factories had instituted health and
safety committees.
Workers, including foreigners and immigrants, theoretically have
the right to remove themselves from situations that endanger health or
safety without jeopardy to their employment; however, this right was
not effectively enforced, and workers were reluctant to risk losing
their jobs.
__________
LESOTHO
Lesotho is a constitutional monarchy with a population of 1.88
million. Under the constitution, the King is head of state but does not
actively participate in political activities. The prime minister is
head of government and has executive authority. In February 2007 the
governing Lesotho Congress for Democracy (LCD) party won reelection;
domestic and international observers characterized the election as free
and peaceful. Some other observers, including members of the leading
opposition parties and some NGOs, felt it was not entirely fair. Many
of the complaints were due to the complicated manner of allocating
proportional parliamentary seats. The mediation begun by the Southern
African Development Community (SADC) in 2007 continued during the year.
While civilian authorities generally maintained effective control of
the security, there were unconfirmed reports of instances in which
elements of the security forces acted independently.
The Government generally respected the human rights of its
citizens. However, the following human rights abuses were reported:
torture and physical abuse; poor prison conditions; lengthy pretrial
detention and long trial delays. Societal abuses included abuse of
spouses and children, widespread restrictions on women's rights,
societal discrimination against women and persons with disabilities or
HIV/AIDS, and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
there was one death in custody and one killing due to police shooting
reported to the Police Complaints Authority (PCA) during the year. The
PCA indicated that the cases were fully investigated, and the reports
with recommendations were handed over to the minister of home affairs
and public safety.
The Lesotho Mounted Police Service (LMPS) issued a statement
concerning the July 2007 killing of Setsoto Ranthimo. In the statement
they stated that the security forces who carried out the operation were
acting in self-defense in reaction to Ranthimo's belligerent behavior.
The 2006 case of the killing of Bereng Sekhonyana, a member of
parliament from the opposition Basotho National Party (BNP), was still
under investigation. The Ministry of Foreign Affairs had earlier
indicated that police were in hot pursuit of suspects. However, the
case was dormant at year's end, and the suspects were no longer under
suspicion.
The 2006 case in which two Maseru city council security guards were
charged with killing pedestrians was pending at year's end.
There were no new developments in the investigation of reported
deaths that took place in traditional initiation schools in 2007.
Police investigations are difficult due to the secret nature of
initiation schools. There were no reports of new incidents during the
year.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law expressly prohibit such
practices, there were complaints that security forces tortured and
abused persons.
From January to August, the LMPS Complaints and Discipline Unit
received nine complaints of torture, and the PCA received four
complaints of assault and torture.
At year's end no official report had been released on the August
2007 case in which three street vendors accused of selling marijuana
filed complaints of assault, unlawful detention, and theft against the
LMPS.
The June 2007 case involving several men detained by Lesotho
Defense Force (LDF) officials was unresolved at year's end. In various
media outlets the men claimed to be held in secret and incommunicado.
The men further stated that they were interrogated about their
connections to the opposition All Basotho Convention (ABC) party. Three
of the men, Motlomelo, Thantsi, and Lerotholi, fled to South Africa in
July 2007 and sought political asylum. Basotho businessmen Khotso
Lebakeng, Mokherane Tsatsanyane and the late Semoli Semoli joined them,
having fled the country in July after rumors that the army was looking
for them. The South African government granted all of the men political
asylum.
There was no further action in the case of the three soldiers
accused of involvement in coup plotting who also claimed to have been
tortured in June 2007. At year's end they were on suspension and half-
pay. In July 2007 the local newspaper Public Eye showed pictures of the
torture victims and later carried interviews in which they again stated
they were tortured. The SADC Lawyers' report in August 2007 and the
Civil Society Statement of July 2007 contained other reports
corroborating the claims of torture.
The BNP office reported that the 2006 case of torture and abuse of
three female BNP opposition party members by male police officers was
still pending in court at year's end.
Prison and Detention Center Conditions.--Prison conditions were
poor, and facilities were overcrowded and in disrepair. Sanitation and
nutrition were poor, and prison facilities lacked bedding. However,
some recent improvements were made, such as the electrification of two
correctional institutions and the refurbishment of two others,
including a maximum security facility. Prisoners get free medical care
from government hospitals and are eligible to vote in elections. All
prisons had a nurse and a dispensary to attend to minor illnesses. Some
correctional facilities own ambulances to transport inmates for
emergency medical care.
The law provides that pretrial detainees and convicted prisoners be
held in separate facilities; however, due to lack of sufficient
facilities, pretrial detainees were held with convicted prisoners.
Security and military prisoners were held in a separate facility.
Prison regulations provide for visiting committees made up of
principal chiefs, church ministers, representatives of the business
community, advocates of the High Court, and other citizens. These
committees are authorized to visit any prison without the prior
knowledge of the prison director and generally were allowed to do so.
The committees reported their findings to the prison director as well
as the general public. A committee visit took place in November.
The Government permitted international human rights groups to
monitor prison conditions. During the year an intersectoral committee
composed of government officials and the Lesotho Red Cross visited a
number of correctional facilities to evaluate the level of professional
training and activities available for inmates. The committee concluded
that the inmates received satisfactory professional training and
guidance.
The 2007 Ombudsman's Report on the Quthing Correctional Institution
Inquiry revealed that the commanding officer of the Quthing
correctional facility was transferred. No action was taken against
other prison officials implicated in the August 2007 case involving
mistreatment of inmates in the Quthing District.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--The security forces
consist of the LDF, LMPS, and the National Security Service (NSS). The
prime minister is the minister of defense and national security, with
direct authority over the LDF and the NSS. The police force is under
the Ministry of Home Affairs and Public Safety.
The LMPS is nationally managed. The country is divided into three
police regions, which are further divided into districts. An assistant
commissioner of police heads each region; senior superintendents head
the districts. A shortage of human and financial resources limited the
LMPS's effectiveness.
Unlike in the previous year, there were no reports that police were
involved in armed robbery.
The internal affairs organs that address problems of corruption and
other offenses by the police are the LMPS Inspectorate, Complaints, and
Discipline Unit and the PCA. The PCA, an independent oversight body,
monitors police behavior and addresses grievances against the police.
The Directorate on Corruption and Economic Offenses (DCEO) serves the
same purpose for the public sector. These bodies prosecuted some
members of the security forces. Traditional forms of disciplinary
action include fines, suspension, demotion, or dismissal from service.
Current legislation does not grant the PCA powers of search and
seizure or the authority to summon police officers. Also, local NGOs
have complained that the PCA's inability to initiate cases based on
public complaints limits its effectiveness. Currently, cases are
initiated only at the request of the minister of home affairs and
public safety.
Corruption was a problem, as confirmed by LMPS authorities; they
noted that some police officers solicited low-level bribes to overlook
traffic and other offenses. In 2007 there were 108 pending cases filed
with the LMPS inspectorate. Those cases were carried over to January
2008. From January to August 2008, the LMPS inspectorate received 10
complaints of torture and 12 complaints of failure to attend to
reports. Of the 22 reported cases, 14 were closed and eight were under
investigation.
Lack of accountability was sometimes a problem. The process of
enforcing police accountability was slow, but internal affairs organs
prosecuted some members of the security forces. More serious offenses
such as murder are sent to the High Court via the Office of the
Director of Public Prosecutions.
According to PCA statistics, between January and August the PCA
received 15 cases, including four cases of complaints involving assault
and torture or murder and attempted murder, nine cases of poor service
delivery, one case of death in police custody, and one murder due to
police shooting. These cases were still under investigation at year's
end.
According to DCEO statistics, between January and August the DCEO
received a total of 59 reports ranging from bribery and embezzlement of
public funds to tender manipulation. Of these reports, 10 were closed,
six were referred to the police and the Directorate of Dispute
Prevention and Resolution, and 43 were pending at year's end.
The case of Ramoeletsi extorting 980 Maloti ($100) from a local
woman was proceeding in court at year's end. Ramoeletsi was suspended
in January 2007; a hearing is scheduled for February 4, 2009.
The 2007 case of a deputy police commissioner accused of filing
fraudulent per diem claims and stealing meat from the Police Training
College cafeteria was heard in court in October. A new hearing was
expected and the case continued. The deputy commissioner remained
suspended at year's end.
Arrest and Detention.--The law requires police to obtain a warrant
prior to making an arrest. Suspects were apprehended openly and brought
before an independent judiciary. Suspects must be informed of charges
within 48 hours, and their families must be notified of any detention.
The law allows family members to visit inmates. However, according to
media reports and the commanding officer of the LMPS inspectorate,
police did not always comply with these provisions in practice. The law
provides for granting bail, which the authorities granted regularly,
and in general, fairly. Defendants have the right to legal counsel.
Detainees are allowed prompt access to a lawyer; lawyers are provided
for indigents. The Legal Aid Division, under the Ministry of Justice
and Human Rights, offered free legal assistance, but a severe lack of
resources hampered the division's ability to be effective. NGOs
maintained a few legal aid clinics.
Lesotho Correctional Service (LCS) stated that pretrial detainees
constituted 18 percent of the prison population. Pretrial detention
could last months or even years. The backlog was due to lack of
resources, judicial staffing shortages, delay tactics by defense
counsel, and unavailability of legal counsel. The average length of
pretrial detention is 60 days, after which pretrial detainees normally
get released on bail pending their trials. The Speedy Trial Act of 2002
states that a suspect cannot be held in custody for more than 90 days
before a trial except in exceptional circumstances.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the judiciary was generally
independent in practice. There was a large case backlog, which resulted
in delayed trials. This backlog was attributed in part to the severe
shortage of judges.
The judiciary consists of the Court of Appeal, the High Court,
magistrates' courts, and traditional courts, which exist chiefly in
rural areas to administer customary law. The High Court also provides
guidance on law and procedure to military tribunals but does not
participate in adjudication. A single high court judge normally
adjudicates criminal trials with two assessors who serve in an advisory
capacity. The authorities generally respected court decisions and
rulings.
Military tribunals have jurisdiction over military cases only.
Tribunal decisions can be appealed only to the martial appeal court,
which is composed of two judges from the High Court-one retired
military officer with a legal background and the registrar of the High
Court. Military tribunals provide the same rights as civil criminal
courts. Military tribunals cannot try civilians.
There are also specialized courts. The labor court is a civil court
with jurisdiction over labor, employment, and certain human rights
matters when they intersect with labor law. The Judicial Commissioner's
Court brings in foreign magistrates as appropriate for cases requiring
a high level of subject-matter specialization.
Trial Procedures.--There is no trial by jury. Trials are public,
but in civil cases judges normally hear cases alone. Defendants have
the right to legal counsel; however, there have been limited instances
where accused persons were not advised of their right to legal
representation. Free legal counsel was available, either from the state
or a legal NGO. Defendants have the right to be present at their
trials, to confront and question witnesses against them, and to present
witnesses on their own behalf. A defendant is allowed to present
evidence on his own behalf at the Magistrate Court, but at the High
Court legal representation is required. A defendant may either be held
or released on bail until sentenced. Defendants are presumed innocent
and have the right to appeal. Defendants have the right to access
unclassified government evidence during a trial. The Government cannot
classify evidence and use it against a defendant. If evidence is going
to be used in court both the plaintiff and the defendant should have
access.
In the formal court system, women and men are accorded equal
rights. The 2006 Legal Capacity of Married Persons Act improved the
status of married women by ensuring that they are no longer legally
considered minors. However, in practice women were sometimes still not
accorded their full rights as promised under the law.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary with jurisdiction over civil matters. Citizens
can freely access the court system to file lawsuits seeking cessation
of human rights violations or a recovery of damages resulting from such
acts. Some administrative remedies are available from the labor court,
as stipulated by the Public Services Act. Judicial remedies for such
wrongs are addressed in the constitution. However, in some cases the
Government fails to produce evidence in court and sequester witnesses.
This can damage the claims of the plaintiffs, leading to dismissal of
cases.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution states that ``every person shall be
entitled to respect for his private and family life and his home.''
Although search warrants were required under normal circumstances, the
law provides police with the power to stop and search persons and
vehicles and enter homes and other places without a warrant if the
situation is considered life threatening, if there are security
concerns, or in the case of an emergency. Many reportedly do not know
that police are required to have a search warrant. A government source
stated that police officers have been known to flaunt their power even
when in possession of a warrant and neglect to show the warrant to the
homeowner. The Criminal Procedure and Evidence Act of 1981 states that
any police officer of the rank of inspector and above can conduct a
search without a warrant.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press and the Government generally
respected these rights in practice; however, the Government suspended
one radio station for three months for allegedly making inaccurate
statements and inciting persons to resist street vendor removal. In
contrast with 2007, no journalists were detained or harassed. A Media
Institute of Southern Africa representative stated that there have been
instances of journalists practicing self-censorship to avoid libel
suits or problems with their editors. Private individuals could
criticize the Government without reprisal.
Several independent newspapers routinely criticized the Government.
There were seven private radio stations but no private television
station. The media criticized the Government, but risked being sued for
slander or libel. State-*owned or state-controlled media consisted of
two weekly newspapers, two radio stations, and a television station.
State-owned media outlets reflected positions of the ruling party.
South African and global satellite television and radio broadcasts were
widely available.
On July 18, independent radio station Harvest FM closed for three
months due to a suspension order by the Lesotho Communications
Authority (LCA). The LCA (a regulatory body) reportedly received
complaints from the commissioner of police that the station had made
inaccurate statements and complaints from the principal secretary of
communications, science, and technology that the station had incited
persons to resist the removal of street vendors from downtown areas.
LCA claimed that Harvest FM responded by sending a letter after the
specified deadline for reply denying the allegations leveled against
them instead of addressing the charges. According to LCA, this
infringed Condition 15 of its sound broadcasting license and Rule 20 of
the LCA Broadcasting Rules of 2004. On October 22, Harvest FM returned
to the airwaves.
On September 2, former Harvest FM radio presenter Thabo
Thakalekoala was found guilty on a June 2007 charge of sedition. He was
acquitted on three other charges of subversion, criminal defamation,
and crimia injuria (impairing an individual's dignity, a criminal
offense). On October 22, the High Court sentenced Thakalekoala to
either serve two years in prison or pay a fine of 200 Maloti ($18);
Thakalekoala paid the fine.
In May and July, the High Court dismissed the September 2007
charges of contempt of court against the leaders of the Marematlou
Freedom Party and the Lesotho Workers Party.
The Government appealed the November 2007 case of Pastor Adam
Lekhoaba. On April 11, the Court of Appeal of Lesotho overturned the
High Court's decision and ruled in favor of the Government, which had
claimed Lekhoaba was a South African citizen and not a Lesotho
national. The Appeal Court indicated that the constitution does not
recognize dual citizenship and that Lekhoaba should have renounced his
South African citizenship. In the judgment, the Appeal Court stated,
``It appears to be obvious that the question of his dual citizenship
was raised by the authorities only because he allowed free expressions
of opinion to take place over the airwaves of a local radio station.
His deportation order, which was set aside by the Court a quo, was
issued by the appellant for the same political reason.'' The Appeal
Court further advised parliament to give urgent consideration to
enacting legislation permitting Lesotho citizens who acquire South
African nationality to hold dual citizenship in appropriate
circumstances.
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 or groups could engage in the peaceful
expression of views via the Internet, including by e-mail. The Internet
was not widely available and was almost nonexistent in rural areas, due
to a lack of communication infrastructure and the high cost of access.
Academic Freedom and Cultural Events.--Unlike during the previous
year, 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 law provide for freedom of assembly;
however, there was one occasion during the reporting period when the
Government restricted these rights. This incident stemmed from a
disagreement between the Government and private taxi and bus operators.
The Government had purchased 20 buses with the expressed goal of
providing less expensive transportation to low-income workers and
preventing taxi drivers from being able to shut down the city with
their protests. On May 20, when the Government began operating the
buses, taxi drivers and private bus conductors staged a strike and
blocked roads. They argued that the Government did not have proper bus
permits, had not consulted with them about bus routes, and was
competing with them unfairly, which would result in thousands of jobs
being lost. Police attempted to clear a path through the roadblocks
using tear gas and rifle fire. During the clashes government bus
conductors shot and wounded an employee of a private taxi operator, and
a government bus conductor reportedly stabbed a taxi owner. Some
critics claimed that the Government's decision was politically
motivated. Following a period of mediation, the Government agreed to
operate only 10 buses temporarily, only between the hours of 6:00 a.m.
and 5:00 p.m.
Freedom of Association.-- The constitution and law provide for
freedom of association, and the Government generally respected these
rights in practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right.
Societal Abuses and Discrimination.--There were no reports of
societal violence, harassment, or discrimination against members of
religious groups.
There was a very small Jewish community, and there were no reports
of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The constitution and law prohibit forced exile, and the Government
did not use it.
Protection of Refugees.--The laws provide for the granting of
refugee status or asylum in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system to provide protection to refugees.
In practice, the Government provided protection against the expulsion
or return of refugees to countries where their lives or freedom would
be threatened and granted refugee status or asylum. The Government
continued to cooperate with the Office of the UN High Commissioner for
Refugees and other humanitarian organizations in assisting refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and generally fair elections based on
universal suffrage.
Elections and Political Participation.--In February 2007 the LCD
party won reelection, claiming 61 of 80 constituency-based seats in the
National Assembly; domestic and international observers characterized
the election as free and peaceful, but major opposition parties and
some NGOs claimed it was not entirely fair due to the complicated
manner of allocating parliamentary seats. Through a pre-election
alliance with the National Independent Party, the LCD controlled a
further 20 of 40 proportional representation seats, bringing its
majority to 82 out of 120 seats. The largest opposition party, the ABC,
won 17 constituency-based seats and 10 proportional seats through its
own pre-election alliance with the Lesotho Workers Party.
Although both major political parties created alliances in an
attempt to gain more seats in the 2007 election, the most contested
issue was that the ruling LCD party gained an additional 20 seats.
Despite the fact that some legal experts, including those associated
with the SADC mediation process, stated that the memoranda of
understanding clearly circumvented the intent of the constitution, the
Independent Electoral Commission (IEC) accepted the informal alliances.
The allocation of proportional seats remained contentious, and
governing and opposition parties agreed that outside experts should
evaluate the mixed member proportional parliamentary system. In May
2007 the Government invited the Southern African Development Community
to mediate the political impasse, an effort led by the former president
of Botswana, Ketumile Masire.
During Masire's visit to Lesotho in February, it was agreed that
all election-related court cases should be dealt with before the
postelectoral political dialogue could resume.
The last election-related case was concluded on July 2, when the
High Court ruled that the Marematlou Freedom Party (MFP) had lodged an
election petition but had no legal right to do so. The court also ruled
that it had no jurisdiction to make a decision concerning the petition,
which requested orders invalidating the allocation of proportional
seats and directing the IEC to reallocate the proportional seats in the
National Assembly.
As previously agreed, Masire returned and held talks with
stakeholders from August 25 to 31. Stakeholders included the IEC,
political parties, the Government, the Christian Council of Lesotho,
the Lesotho Council of NGOs, and members of the diplomatic corps.
The issue of the legitimacy of ABC leader Thomas Thabane as an
official opposition leader was still outstanding, but on August 31,
Masire asked all the stakeholders to settle this matter by the end of
October. Despite Masire's request, neither side took action.
Informed observers stated that the negotiation had come to a
frustrating crossroads and that opposition political parties considered
themselves disenfranchised by the existing interpretation of the
electoral rules.
Masire's last visit was in late September, and there was no
progress by year's end.
There were 30 women in the 120-member National Assembly and nine
women in the 33-member Senate. The speaker of the National Assembly,
six of 19 government ministers, three of six assistant ministers, five
of 10 judges on the High Court, and the commissioner of police were
women.
Approximately 98.5 percent of the population is ethnic Basotho.
There were no members of minorities in the National Assembly, the
Senate, or the cabinet.
Government Corruption and Transparency.--There were isolated
reports of government corruption during the year. The World Bank's
Worldwide Governance Indicators reflected that there was a corruption
problem.
The Directorate on Corruption and Economic Offenses was the primary
anticorruption organ.
In January the auditor general released an audit of the country's
2003-04 public accounts. The auditor general stated that the public
accounts suffer from serious errors and omissions which lead to
misrepresentation of the Government's financial position. The errors
include expenditure misappropriation, a lack of ledger accounts
reconciliations, a lack of ministerial expenditure and revenue reports
reconciliations, unauthorized excess expenditures, and nondisclosure of
some capital projects. According to the auditor general, the Government
not only must confront a weak financial system but also the extended
delays in releasing public financial information.
Although there are no laws providing for access to government
information, and access to government information was incomplete, Web
sites of government ministries, parastatal companies, and private
organizations provided some information on governmental activities. The
Government Gazette and other publications could be requested from the
Government Printers' Office. There were also media releases from
government ministry information officers. There were continuing
complaints about the lack of access to government information from
researchers at institutions such as the Institute of Southern African
Studies, NGOs, and the media.
The 2007 case of alleged procurement fraud by the principal
secretary of justice and human rights was heard on September 18. The
High Court found her guilty of contravening the Government's
procurement regulations. However, she was acquitted on the main charge
of corruption in the acquisition of an information technology
networking system. Sentencing was postponed to early 2009.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views.
An independent ombudsman's office exists to protect citizens
against infringement of their rights by public and private sector
organizations. It appeared to function without undue governmental or
political interference; however, it was constrained by a shortage of
staff, financing, and equipment. The ombudsman intervened in issues
such as requests for release of unlawfully withheld salaries;
reinstatement of employees illegally suspended from their jobs;
compensation for persons relocated to new areas in connection with
Lesotho Highland Water Project activities; and compensation for and
repairs of houses in communities close to large-scale development
projects.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and the formal legal code prohibit discrimination
based on race, color, gender, religion, disability, language, political
or other opinion, national or social origin, birth, or other status;
however, the constitution also recognizes customary law as a parallel
legal system, and under it, women remain disadvantaged with regard to
inheritance and succession rights.
Women.--The law prohibits rape, including spousal rape, and
mandates a minimum sentence of five years' imprisonment, with no option
for a fine. Rape was reportedly commonplace; an estimate based on
police national crime statistics indicated that there were 1,300
reported cases of rape during the year. Courts heard a number of rape
and attempted rape cases, several of which resulted in convictions.
Unlike in previous years, there were no reports that very young girls
were raped as a result of the belief among some men that intercourse
with a virgin could cure HIV infections.
Organizations involved in combating the problem included the Gender
and Child Protection Units (GCPU) of the LMPS, the NGO Lesotho Child
Counseling Unit (LCCU), and other NGOs. Their activities included
teaching young persons and parents how to report such offenses and how
to access victims' services.
Domestic violence against women was believed to be widespread. An
estimate based on police national crime statistics indicated there were
7,700 reported cases of domestic violence during the year. Domestic
violence and spousal abuse are criminal offenses defined as assault;
however, few domestic violence cases were brought to trial. The law
does not mandate specific penalties, but an offender can be cautioned
and released, given a suspended sentence, fined, or imprisoned.
Punishment depends on the severity of the assault, and judges have a
wide degree of discretion in sentencing. Violence against women and
children is increasingly considered socially unacceptable due to the
advocacy and awareness programs of the GCPU, the Federation of Women
Lawyers, the LCCU, other NGOs, and broadcast and print media campaigns.
The legal code does not address prostitution. It was known to occur
in urban areas, but its pervasiveness was unclear.
The law does not specifically prohibit sexual harassment, and
sexual harassment occurred in the workplace. The Law Office stated that
complaints involving sexual harassment are not often reported through
official channels and tend to be handled internally if reported at all.
In civil and criminal courts, women and men are accorded equal
rights. The 2006 Legal Capacity of Married Persons Act effectively
eliminated de jure discrimination against women except in the area of
inheritance, which it does not cover. Nevertheless, traditional law and
custom limited the rights of women in areas such as property rights,
inheritance, and contracts. Under the dual legal system, women have the
legal and customary right to make a will and sue for divorce; however,
under traditional law, a married woman was considered a minor during
the lifetime of her husband and could not enter into legally binding
contracts without her husband's consent. Since passage of the new law,
the rights of women have substantively improved. Married women can
obtain loans without the consent of their husbands and enjoy full
economic rights under the law. However, the law does not provide for
women's inheritance and custody rights. A woman married under customary
law has no standing in civil court unless she has her marriage
legalized in the civil system. Government officials publicly criticized
customary practice regarding marriage.
Although polygamy is not recognized by the formal legal code, it
was practiced under the traditional legal system by a small minority.
Women were not discriminated against in access to employment,
credit, or pay for substantially similar work. Some of the most highly
paid positions are held by women, including speaker of parliament,
cabinet ministers, judges, the mayor of Maseru, ambassadors, the
commissioner of police, government principal secretaries, the auditor
general, certain directors of government ministries, and the chief
executive officers of some public enterprises.
Women's rights organizations took a leading role in educating women
about their rights under traditional and formal law, highlighting the
importance of women's participation in the democratic process. The
Ministry of Gender, Youth, Sports, and Recreation funded efforts by
women's groups to sensitize society to respect the status and rights of
women.
Children.--The law provides for the protection of children;
however, limited resources hampered the Government's ability to fully
enforce the law. In addition, the rapid rise in the number of AIDS
orphans contributed to child prostitution, child homelessness, child-
headed households, and children at risk of exploitation for labor or
other purposes. The problem of parents getting sick or dying due to
HIV/AIDS continued to be the most troubling issue facing children in
the country.
By law education is universal and as of 2006 was tuition-free
through the seventh grade; however, it was not compulsory, even at
elementary school levels. The UN Children's Fund (UNICEF) reported that
a substantial number of children did not attend school. The problem is
particularly prevalent in rural areas where there are few schools.
Attending school regularly is most difficult for those involved in
supporting their families through subsistence activities or those whose
families could not afford fees for the purchase of uniforms, books, and
school materials. According to UNICEF figures, 80 percent of boys and
88 percent of girls attended primary school during the year. More boys
failed to attend school than girls due to the tradition of livestock
herding by young boys.
Child abuse was a problem, especially for children orphaned by HIV/
AIDS. According to the Child and Gender Protection Unit, 309 cases of
child abuse were opened during the year. These cases included child
neglect, common assault, sexual assault, and grievous bodily harm.
During the year the news media frequently published reports of
violence at traditional initiation schools, attended mainly by rural
youth. While the activities of these initiation schools were kept
secret, violence against students, teachers, and members of surrounding
communities was reported in newspapers, on the Internet, and on the
radio.
According to media reports, child prostitution was also a problem.
Young girls and boys, many of whom were orphans, moved to urban areas
to engage in prostitution. A 2001 UNICEF assessment concluded that
child prostitution in the country was a poverty-driven phenomenon
rather than a commercial activity and that the financial arrangements
were casual and not determined by organized criminal syndicates.
However, UNICEF and the Government agreed that while the numbers
remained small, the more recent trend toward commercial prostitution by
children was a growing problem. There were not enough resources within
either the police force or the Department of Social Welfare to address
the needs of children likely to engage in prostitution.
Familial stress, poverty, the virulent spread of HIV/AIDS, and
divorce led to a rise in child homelessness and abandonment, creating
numerous street children, of which according to UNICEF's latest
figures, an estimated 180,000 were orphans and vulnerable children.
Street children were hampered by lack of access to government services,
such as medical care and schooling, and were not informed about their
rights to such services.
The GCPU had branches in all 10 districts, but lack of resources
restricted their ability to be effective. The GCPU dealt with sexual
and physical abuse, neglected and abandoned children, and protection of
the property rights of orphaned children.
Trafficking in Persons.--There are no specific laws that prohibit
trafficking in persons; however, the labor code, the Aliens Control
Act, the Child Protection Act of 1980, and kidnapping statutes
contained in the constitution can all be used to charge persons
suspected of trafficking. Although there were reports that persons were
trafficked to, from, and within the country, there were no official
statistics.
The Ministry of Home Affairs and Public Safety and the GCPU are
responsible for monitoring trafficking in persons. Despite the lack of
legislation, the Ministry of Health and Social Welfare, some NGOs, and
the police offered assistance to suspected victims of trafficking.
There were unconfirmed reports that Ugandan police had uncovered at
least one trafficking case in which Ugandan children were trafficked to
Lesotho.
The State Department's 2008 Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with physical and mental disabilities in
employment, education, or provision of other government services, and
the Government enforced these laws within its limited ability. Although
societal discrimination was common, the tradition of hiding children
with disabilities from the public was no longer commonly accepted. The
Association of the Disabled actively promoted the rights and needs of
disabled persons.
Laws and regulations stipulate that persons with disabilities
should have access to public buildings, and such buildings completed
after 1995 generally complied with the law. Election law provides for
assisted voting for persons with disabilities, which is respected in
practice.
Persons with disabilities are allowed to have anyone of their
choice assist them, or they may request the presiding officer at a
polling station to help, but there should be a third person to verify
that the voter's choices are respected.
The Ministry of Health and Social Welfare is responsible for
protecting the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--Minorities constituted less
than 2 percent of the population. There were small groups of ethnic
Indians, Europeans, Chinese, and mixed-race persons. Economic and
racial tension between the Chinese business community and the Basotho
remained a problem. There were no formal government efforts to address
such problems.
Other Societal Abuses and Discrimination.--There continued to be
media reports that persons with AIDS and their immediate families,
including children orphaned by AIDS, were stigmatized.
The law prohibits discrimination in the workplace on the basis of
HIV/AIDS status.
In 2006 parliament amended the labor code to include an HIV/AIDS
workplace policy. Each government ministry or department provided
subsidized medicine and food to its employees with HIV/AIDS, and such
assistance was available to all citizens at subsidized prices at all
government hospitals.
LDF policy states that if a soldier is found to be HIV positive
after induction, the person is not retired or separated. The soldier is
provided counseling and testing, and duties are adapted as appropriate.
The law does not address sexual orientation, and general
discrimination against homosexuals was present in the workplace.
Section 6. Worker Rights
a. The Right of Association.--Under the law workers have the right
to join and form trade unions without prior authorization and without
excessive bureaucratic requirements. Workers exercised this right in
practice. All trade unions must register with the registrar of trade
unions. The law prohibits civil servants and police from joining or
forming unions but allows them to form staff associations; both police
and civil servants have established such associations. The law allows
unions to conduct their activities without interference, and the
Government generally protected this right.
The law provides for a limited right to strike; however, civil
servants are not allowed to strike and, by definition, all public
sector industrial actions are unauthorized. In the private sector, the
labor code requires a series of procedures to be followed by workers
and employers before a strike action is authorized.
Both locally and foreign-owned businesses continued to lack a full
understanding of the labor code's provision regarding the right to form
labor unions.
According to the 2008/09 labor commissioner's audit report, trade
unions are affiliated under three union federations. These are the
Congress of Lesotho Trade Unions, with a membership of 11,797; the
Lesotho Congress of Democratic Union, with 11,240 members; and the
Lesotho Trade Union Congress, with 2,033 members; producing a combined
membership for functioning trade unions of 25,070. The ministry
indicated that 25 trade unions were deregistered in 2006, and a further
15 in 2007, for failure to submit annual reports. Each year the
Government reviews nonfunctioning or noncompliant unions and
deregisters them.
A majority of Basotho mineworkers were members of the South African
National Union of Mine Workers (NUM). While NUM as a foreign
organization was not allowed to engage in most union activities in the
country, it provided training, developed agricultural projects, and
performed other social services for retrenched mine workers and
families of deceased miners.
There are two unions in the apparel and textile sector: Factory
Allied Workers Union, with a membership of 8,897, and Lesotho Clothing
and Allied Workers Union, with an estimated 5,000 members.
The labor court reported that during the year there were 31 cases
filed alleging unfair labor practices, 197 cases filed petitioning for
enforcement of resolutions by the Directorate of Dispute Prevention and
Resolution (DDPR), and 70 contested DDPR cases being reviewed by the
labor court.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected by law and freely practiced. There are no
restrictions on collective bargaining; unions are allowed to bargain
for wages above the minimum wage set by the Wage Advisory Board.
However, the commissioner's office reported that the unions were too
weak to bargain effectively.
The law prohibits antiunion discrimination, and the Government
generally enforced this prohibition. Textile and apparel unions claimed
that members are sometimes treated unfairly to compel them to leave;
some such cases were pending with the labor court. The Ministry of
Labor and Employment (MOLE) claimed workers often believed they were
dismissed for union involvement, but investigation revealed that often
they were dismissed on grounds other than for union activities.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
compulsory labor, including by children. However, sources within the
MOLE's inspectorate reported that such practices occurred in private
dwelling houses and on small farms or cattle posts which are outside
the scope of the Labor Code and therefore no inspections could take
place.
Children were often forced by circumstances to take on jobs such as
herding and working on the street, sometimes as sex workers. These
children are forced to undertake such work by the economic situation
and the fact that many traditional family support networks have been
decimated by the HIV/AIDS pandemic.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code contains prohibitions against the employment of minors in
commercial, industrial, or other nonfamily enterprises involving
hazardous or dangerous working conditions. The Government effectively
enforced these statutes. However, officials in the MOLE's inspectorate
stated that child labor is a problem in the agricultural and other
informal sectors, which child labor laws do not cover. The inspectorate
has no mandate to inspect informal economy establishments, which are
outside the scope of the Labor Code. According to the Bureau of
Statistics, the legal minimum age for employment in commercial or
industrial enterprises is 15 years, or 18 years for hazardous
employment. Children under 18 may not be recruited for employment
outside the country.
Although the Labor Code prohibits child labor and sets the minimum
age for employment at 18 years, the unemployment rate, which is
estimated at 45 percent, increasing levels of poverty, and the high
prevalence of HIV/AIDS (23 percent), all contribute towards children
working at an early age in order to feed themselves and their families.
The most recent official figures on child labor were reported in
2000 and 2004, products of collaboration between the MOLE and UNICEF,
along with other partners. Those studies estimated that 29 percent of
children aged 5 to 17 were working. The study also showed that many
look after livestock. In traditional rural society, rigorous and
occasionally dangerous working conditions for young herd boys were
considered a prerequisite to manhood, essential to the livelihood of
families, and a fundamental feature of local culture beyond the reach
of labor laws. One four-year-old research participant stated: ``I
started herding before I was born.''
According to the study cited above, many urban street children
worked in the informal sector. Children working in the streets carried
packages for shoppers and sold water or fruit, for example. Some
offered themselves for sex work. Most jobs performed by children were
often gender-specific: boys were livestock herders, carried packages
for shoppers, washed cars, and collected fares for minibus taxis; girls
were domestic servants. Teenage girls (and a few boys) were involved in
prostitution, and both boys and girls worked as street vendors.
According to the same study, the worst forms of child labor occur
in herding, street work, domestic work, and sex work. Due to increasing
poverty and orphanhood, children have become more vulnerable to these
worst forms. Some persons hire young children, mostly orphaned or
deserted, as herders and exploit them with meager payments. In mountain
areas boys stay at cattle posts working 24 hours a day, seven days a
week, and are poorly fed.
The labor survey indicates that children working in the streets
typically start at the age of 12. The most common work they do is
selling fruits and vegetables. Children work more than eight hours a
day, which is the maximum stipulated in the law for an adult. They also
work without breaks six or seven days a week. Domestic workers also
start as young as 12 years. The office of the labor commissioner
indicated that it is difficult to track cases of child labor because
the country does not have laws and policies specific to child labor.
However, the country developed a strategy, the Action Program towards
Elimination of Child Labor (APEC), which was launched during the year.
The Ministry of Employment and Labor is responsible for
investigating child labor.
e. Acceptable Conditions of Work.--The national minimum wage for
lower-skilled jobs is 252 Maloti ($36) per month. This wage did not
provide a decent standard of living for a worker and family. Each year
the Wage Advisory Board-comprised of representatives from the
Government, trade unions, and the Employers Association-negotiates the
minimum wage for different occupation groups. The MOLE amended the
Labor Code minimum wage schedule, effective October 1. Textile machine
operator trainees thereafter earned 686 Maloti ($98) per month, and
textile general workers earned 738 Maloti ($105) a month. Many locally
owned businesses did not keep records of employees' salaries to
facilitate labor inspections as required by law. Many wage earners
supplemented their income through subsistence agriculture or
remittances from relatives in South Africa, although these remittances
have declined.
The law stipulates conditions including a maximum 45-hour workweek,
a weekly rest period of at least 24 hours, 12 days of paid leave per
year, paid sick leave, and public holidays. Required overtime was legal
as long as overtime wages were paid for work in excess of the standard
45-hour workweek. Labor laws do not, however, cover the agricultural
and other informal sectors, where most workers are employed. The MOLE's
inspectorate stated that employers did not always enforce these
standards. For example, some employers in the apparel and textile
sectors violated the labor code. According to the commissioner of
labor, employers in the retail sector were the worst violators. The
most common allegations involved ignoring labor regulations mandating
ordinary hours of work, overtime, and public holidays.
The law requires employers to provide adequate light, ventilation,
and sanitary facilities for employees and to install and maintain
machinery in a manner to minimize injury; larger employers generally
followed these regulations. However, health and safety violations were
common in smaller establishments. The labor code requires employers to
appoint a registered health and safety officer to supervise and promote
safe conduct at work. They are also required to have first-aid kits and
safety equipment and to provide protective clothing. According to
health and safety inspectors in the Ministry of Labor and Employment,
appointment and training of registered health and safety officers was
ignored by most employers. Also, the law does not specify the contents
of first-aid kits. Generally, with the exception of the mining
establishments, employers' compliance on health and safety was low. In
addition, health and safety inspectors stated that the retail sector
was not in full compliance with health and safety standards, as they
had no registered health or safety officers, did not have complete
first-aid kits, and did not provide protective clothing.
The labor code empowers the MOLE to issue regulations on work
safety, and the ministry did so. There were no known instances of the
ministry ineffectively or improperly enforcing health and safety
standards. The labor code does not explicitly protect the right of
workers to remove themselves from hazardous situations without
prejudice to employment. However, sections of the code on safety in the
workplace and dismissal imply that such a dismissal would be illegal.
The law also provides for a compensation system for industrial
injuries and diseases related to employment. The commissioner of labor
is charged with investigating allegations of labor law violations.
Labor inspectors generally conducted unannounced inspections of a
random sample of workplaces on a weekly basis. Inspections in mountain
districts, however, were done on a quarterly basis.
The Government and private sector implemented voluntary HIV/AIDS
counseling and testing programs in line with Labor Code Act Number 5,
passed in June 2007, which strengthened existing programs. The Labor
Code Amendment Act of 2006 provides for the further development of HIV/
AIDS policies in the workplace. The MOLE has an HIV/AIDS support group
that carried out campaigns for the implementation of the labor code.
The support group also provided testing and counseling services to
employees in the private sector living with HIV/AIDS. The target
sectors were security companies, construction, and transport.
__________
LIBERIA
Liberia is a constitutional republic with a population of
approximately 3.5 million. In 2005 Ellen Johnson Sirleaf won multiparty
presidential elections, which domestic and international observers
considered generally free and fair. Since the 2003 signing of the
Comprehensive Peace Agreement, which ended the 1999-2003 civil war, the
UN Mission in Liberia (UNMIL) peacekeepers and UN international police
(UNPOL) have had primary responsibility for maintaining security.
Efforts to select and train personnel for the Liberia National Police
(LNP) and the Armed Forces of Liberia (AFL) continued. While civilian
authorities generally maintained effective control of the security
forces, there were instances in which elements of the security forces
acted independently of government authority.
The Government generally respected the human rights of its
citizens; however, problems continued. Mob violence and land disputes
resulted in deaths, and ritualistic killings occurred. Police abused,
harassed, and intimidated detainees and citizens. Prison conditions
remained harsh, and arbitrary arrest and detention occurred. Lengthy
pretrial detention and denial of due process and fair public trial were
problems. Some incidents of trial-by-ordeal were reported. Corruption
and impunity continued in most levels of the Government. Violence
against women, including rape, was a problem, and domestic violence was
widespread. Some ethnic groups continued to practice female genital
mutilation (FGM). Child abuse and sexual violence against children were
problems, and a few cases of human trafficking were reported. Racial
and ethnic discrimination continued, and instances of child labor were
reported, especially in the informal sector.
The Truth and Reconciliation Commission (TRC) held public hearings
in all 15 counties, sent psychosocial teams throughout the country to
help civil war victims, and collaborated with nongovernmental
organizations (NGOs) to foster reconciliation in many communities.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed any politically
motivated killings; however, a land dispute between Margibi Senator
Roland Kaine and Charles Bennie, director of foreign trade at the
Ministry of Commerce, resulted in the deaths of at least 17 persons.
Bennie hired youths from Monrovia to clear land on his farm along the
border of Margibi and Grand Bassa counties. Local residents
subsequently attacked the youths with guns and machetes, resulting in
17 deaths and numerous injuries. Senator Kaine was indicted for
ordering the attacks, and he remained in prison awaiting trial at
year's end.
On August 11, an agent of the Special Security Service (SSS) shot
and killed one man and wounded two others in the red light neighborhood
of Monrovia. The Government claimed that SSS agents, along with LNP
officers, were responding to a reported armed robbery in progress, and
that the SSS returned fire only after being fired upon by the alleged
thieves. An investigation of the incident was ongoing at year's end.
Land disputes-exacerbated by pressure from returning landowners and
refugees as well as unclear land titles-resulted in numerous deaths
during the year (See Section 2.d.).
Unlike in the previous year, there were no reports that criminal
gangs killed workers at the Sinoe rubber plantation, although reports
continued of gang violence, theft, and other crimes against plantation
workers.
Ritualistic killings, in which body parts used in traditional
indigenous rituals were removed from the victim, reportedly occurred.
The number of such killings was difficult to ascertain since police
sometimes described such deaths as homicides, accidents, or suicides,
even when body parts were removed. There were no prosecutions for
ritualistic killings during the year.
There were continuing reports of mob violence. On February 13, a
mob burned down a police station in Margibi County, resulting in the
death of a detainee. On February 13 and April 3, angry mobs in Monrovia
killed suspected criminals. On August 11, clashes between market
vendors and criminals outside Monrovia resulted in several deaths.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, but there were
reports that police officers and security officials employed them.
Police sometimes abused, harassed, and intimidated persons,
particularly during attempts to extort money on the streets. Several
cases of reported police brutality were referred to the attention of
police commanders; however, no action had been taken against the police
officers by year's end.
In May four LNP police officers of the antitheft unit were arrested
and indicted for torturing suspects in January. On November 18, a judge
dismissed the case during trial, citing the prosecutor's request to
subpoena witnesses as justification for the dismissal.
Unlike in the previous year, there were no reports that LNP members
and UNMIL troops forcibly dispersed demonstrators and strikers.
The UNMIL investigation into the June 2007 beating by LNP officers
and UNMIL peacekeepers of students and journalists was ongoing at the
end of the reporting period.
Colonel Andrew Dorbor, who was arrested by Ivoirian security
officers in February 2007 and extradited to Liberia to face treason
charges, dropped his allegations of torture against the National
Security Agency (NSA).
The practice of trial by ordeal, which involves placement of a
heated metal object on a suspect's body or the insertion of an
extremity into hot oil to determine whether the defendant is telling
the truth, continued in rural areas. Despite President Sirleaf's April
2007 vow to punish perpetrators of trial by ordeal, no perpetrators
were punished during the year. On June 28, the Ministry of the Interior
banned the issuance of licenses for trial by ordeal, which the ministry
had continued to issue despite the presidential ban.
Mob violence and vigilantism-which resulted in part from the
public's lack of confidence in the police and judicial system-resulted
in injuries.
During the year the UN Office of Internal Oversight Services and
the UNMIL Conduct and Discipline Unit investigated eight reports of
sexual exploitation and abuse by UN peacekeepers, UNMIL staff, UN
private contractors, and implementing partners. Two cases were
substantiated; the other six remained under investigation at year's
end.
Prison and Detention Center Conditions.--Prison conditions were
harsh and in some cases life threatening. Women and juveniles were
subject to abuse by guards and other inmates. Monrovia Central Prison
held almost four times its capacity due to the large number of pretrial
detainees. Prisons remained understaffed.
On December 2, approximately 100 prisoners at Monrovia Central
Prison overpowered guards and escaped. UNMIL Police Commissioner Henrik
Stiernblad attributed the escapes to security lapses and the prison's
old infrastructure.
During the year some counties without adequate prison facilities
transferred their prisoners to Monrovia; unlike in the previous year,
there were no reports that containers with bars at one end were used
for cells in some counties. The Government relied on the World Food
Program and various NGOs to provide food to the prisons. The UN and
NGOs continued to provide medical services. During the year both the
Government and international partners continued renovations at several
county prisons. Men and women were held together in some counties or
cities with only one prison cell. In many counties juveniles and adults
were held together, and pretrial detainees were generally held with
convicted prisoners.
The Government permitted the independent monitoring of prison
conditions by local human rights groups, international NGOs, and the
media. Some human rights groups, including national and international
organizations, made regular visits to detainees held in police
headquarters and to prisoners in Monrovia Central Prison.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention; however, the Government did not always
observe these prohibitions.
Role of Police and Security Apparatus.--The Ministry of Justice has
responsibility for enforcing laws and maintaining order within the
country and oversees the LNP and the National Bureau of Investigation.
Approximately 12,000 UNMIL peacekeepers and 1,100 UNPOL officers had
primary responsibility for maintaining security. Initial training of
new AFL recruits was completed during the year with the provision of
basic and advanced training to 2,133 soldiers; trainees were scheduled
to assume duty in 2009. Approximately 600 UNPOL officers and UN Formed
Police Units (armed foreign police detachments assigned to UNMIL)
assisted with monitoring, advising, and training the LNP. Since 2004
UNPOL has recruited, screened, trained, and deployed 3,500 LNP
officers; most were deployed in Monrovia, but 1,200 had deployed to the
counties by year's end. The LNP operated independently and retained
arrest authority; however, the SSS, which is responsible for
presidential security, UNPOL, and armed UN Formed Police Units
accompanied LNP officers on joint patrols around Monrovia. The LNP
Women's and Children's Protection Section (WCPS) continued to establish
offices outside Monrovia during the year.
Members of the Emergency Response Unit (ERU), which was established
during the year, received specialized training and were armed, unlike
other LNP units. The ERU has 139 officers and is charged with
conducting special police operations in antiterrorism, hostage rescue,
internal security, tactical anticrime, and search and rescue.
LNP officers were slow to respond to criminal activity and often
ineffective, which resulted in an increase in armed robberies during
the year. LNP salaries were low and not always paid on time,
contributing to widespread corruption. Police had limited logistics,
communication, and forensic capabilities and did not have the capacity
to adequately investigate many crimes, including murders.
During the year the LNP investigated reports of police misconduct
and corruption, and authorities suspended or dismissed several LNP
officers. For example, in December a grand jury indicted the deputy
commissioner for criminal investigations and the chief of narcotics for
theft and false statements; both cases were ongoing at year's end.
Unlike in the previous year, there were no conflicts between police
with overlapping jurisdictions; during the previous year 22 security
officers were injured as a result of fighting between the LNP and
Liberian Seaport Police.
Arrest and Detention.--The constitution requires warrants to make
arrests and provides that detainees either be charged or released
within 48 hours; however, warrants were not always based on sufficient
evidence, and detainees, particularly those without the means to hire a
lawyer, often were held for more than 48 hours without charge. In
general most detainees are informed of the charges against them when
they are arrested. The law provides for bail for all offenses except
rape, murder, armed robbery, and treason. Detainees have the right to
prompt access to counsel, visits from family members, and if indigent,
to an attorney provided by the state, but the Government did not ensure
such access for all detainees.
Government officials were responsible for the arbitrary arrest and
detention of citizens during the year.
Acting on orders of House Speaker J. Alex Tyler, security forces on
February 26 detained Darius Dillion, a member of the House of
Representatives who was suspended for six months for testifying in
court that House members had received bribes; Dillion was charged with
bringing the House into public disrepute (See Section 3). On March 1,
Dillion was released by order of the Supreme Court.
In June, in Buchanan, a foreign citizen was jailed after he
publicly claimed to have received death threats for refusing to bribe
local officials; he was charged with ``criminal malevolence.''
Although the law provides for the right of a person who is charged
to receive an expeditious trial, lengthy pretrial and prearraignment
detention remained serious problems. Approximately 93 percent of
prisoners at Monrovia Central Prison were pretrial detainees. In some
cases the length of pretrial detention exceeded the length of sentence
that could be imposed for the crime. Trial delays were caused by
judicial inefficiency, corruption, and lack of transport, court
facilities, and qualified judges.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, judges were subject to
political, social, familial, and financial pressures, and corruption
persisted. The judicial system was largely nonfunctional and plagued by
corruption. Judges regularly received bribes or other illegal gifts
from damages that they awarded in civil cases. Judges sometimes
requested bribes to try cases, release detainees from prison, or find
defendants not guilty in criminal cases. Defense attorneys and
prosecutors sometimes suggested that defendants pay a gratuity to
appease or secure favorable rulings from judges, prosecutors, jurors,
and police officers. By law magistrates must be lawyers; however, some
were not.
The judiciary is divided into four levels, including justice-of-
the-peace courts, magistrate courts, circuit and specialty courts, and
the Supreme Court. In 2005 the Supreme Court ordered the closure of all
justice-of-the-peace courts; however, some still operated during the
year since no replacement courts had been established. The Supreme
Court appointed judges to counties outside of Montserrado County (which
includes Monrovia), but many judges and magistrates continued to
abandon their posts, preferring to remain in Monrovia. Military and
security tribunals cannot try civilians.
Uneven application of the law and the unequal distribution of
personnel and resources remained problems throughout the judicial
system. Some judges were unable to hold court due to lack of security,
supplies, equipment, or a courthouse. There was no effective system to
provide public defenders in rural areas; however, government officials
worked with international aid agencies to set up functional public
defenders, raising the national total to approximately 17 qualified
prosecutors and 13 public defenders. Four full-time public defenders
were responsible for cases in Montserrado County.
Traditional forms of justice administered by clan chieftains
remained prevalent in some localities.
Trial Procedures.--Trials are public, and juries are used in
circuit court trials but not at the magistrate level. Under the
constitution, defendants have the right to be present, to consult with
an attorney in a timely manner, and to have access to government-held
evidence relevant to their case; however, these rights were not always
observed. Defendants enjoy a presumption of innocence and have the
right to an attorney, to confront or question witnesses against them,
present evidence and witnesses on their own behalf, and to appeal
adverse decisions, but many of these protections were not available to
defendants who could not pay bribes. Some local NGOs continued to
provide legal services to indigents and others who had no
representation. There continued to be long delays in deciding cases.
The treason trials of George KouKou, the former speaker of the
National Transitional Government, Colonel Charles Dorbor, and General
Charles Julu all ended during the year; the three were accused in 2007
of plotting to overthrow the Sirleaf government. On January 28,
President Sirleaf announced that the Government was dropping its case
against KouKou due to insufficient evidence; however, on January 29, a
jury found Dorbor and Julu guilty of conspiring to stage a coup against
President Sirleaf. Defense lawyers charged that the prosecution had
bribed jurors to convict the defendants, and the presiding judge
admitted that he, too, had been offered a bribe in exchange for a
guilty verdict. A new trial was granted, and on May 2, both Julu and
Dorbor were acquitted for lack of evidence.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
civil law court in Monrovia, but circuit courts in each county function
as both criminal and civil courts. Specialty courts, such as the tax
court, probate court, and labor court, also address civil matters. NGOs
and the Government continued to establish mediation centers that worked
on reducing court caseloads. There is no court to address lawsuits
seeking damages for human rights violations. As with criminal courts,
specialized courts were inefficient and corrupt. Administrative and
judicial remedies were available to settle alleged wrongs.
Property Restitution.--Despite a February 2007 ruling that the
disputed land in Nimba County currently occupied by Gio and Mano
persons should revert to the original Mandingo owners, no action was
taken by year's end to assist the Mandingos in removing squatters.
Efforts to make other acceptable land available were ongoing at year's
end.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice; however, persons were arrested for
criticizing the Government, and there were some reports of security
officials harassing journalists during the year.
On September 27, the NSA arrested Mulbah Morlu, leader of the NGO
Forum for the Establishment of a War Crimes Court in Liberia, for
calling President Sirleaf a ``rebel'' on local television. Morlu was
held at NSA headquarters until the president ordered him released on
September 29.
During the year the House of Representatives imprisoned a colleague
for testifying in court about official bribery (See Sections 1.d. and
3).
The independent media was active and expressed a wide variety of
views without restriction; however, journalists commonly accepted
payments to publish articles.
In Monrovia there were approximately a dozen newspapers that
published during the year with varying degrees of regularity; six were
independent dailies, and five were independent biweekly newspapers. The
Government published the New Liberian newspaper. Due to the price of
newspapers and transportation, the 55-75 percent illiteracy rate, and
road conditions elsewhere in the country, newspaper distribution
generally was limited to the Monrovia region.
On January 30, Godfrey Beyan, a former general in the rebel
National Patriotic Front, offered to pay an accomplice 60,000 Liberian
dollars (approximately $1,000) to kill Sam O. Dean, the publisher of
the Independent Newspaper, which was briefly closed in 2007 after it
published explicit photos of a government minister. No action was taken
against Beyan.
Unlike in the previous year, the Government did not revoke the
license of any newspaper, close offices, or force journalists to delete
photos from their digital cameras. However, the chief justice ordered
his security guards to confiscate the camera of a reporter who had
taken his photograph at an official event. After a public outcry over
the event, the chief justice apologized to the reporter and returned
the camera.
The investigation into the 2007 disturbance at the University of
Liberia in which members of the media were beaten by LNP officers and
UNMIL troops was ongoing at year's end.
In October 2007 the chief justice of the Liberian Supreme Court
summoned newspaper editors to his court and threatened to jail them for
30 days if they misspelled his name or had his photo next to articles
that did not mention him; however, no journalists were jailed for these
issues, and no similar threats were made during the year.
Radio remained the primary means of mass communication, and
stations operated without government restrictions. UNMIL Radio and Star
Radio provided nationwide coverage. In addition there were 13
independent radio stations that regularly broadcast in Monrovia and
reached neighboring counties, including the Government station LBS.
There were approximately 24 local ``community radio'' stations that
provided a combination of local programs and relay of programs in
Monrovia.
There were three local television stations; however, television was
limited to those who could afford to purchase sets, generators, and
fuel to provide electricity. For those persons and businesses with
satellite capability, CNN, BBC, Skynews, Al Jazeera and SABC Africa
generally were available.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Internet access was not widely available due to high cost and lack of
infrastructure. High illiteracy also limited public exposure to the
Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for the right of peaceful
assembly; however, LNP officers forcibly dispersed demonstrators during
the year, resulting in injuries.
For example, on April 9, police forcibly disbursed students of
Kendeja high school, which had been demolished to make room for a
hotel. The students were demonstrating because construction of a
replacement school had not been finished.
Despite findings by a justice ministry panel in 2007 of police use
of excessive force during a March 2007 demonstration by the Liberia
Timber Workers Union, no action was taken against responsible LNP
members.
Freedom of Association.--The constitution provides for the right of
association, and the Government generally respected this right in
practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice. Christianity was the dominant religion, and most meetings,
including official government meetings, began and ended with Christian
prayers. Islamic leaders complained of some discrimination against
Muslims.
Societal Abuses and Discrimination.--Tension between the Christian
majority and Muslim minority continued, particularly in Nimba County,
where unresolved land disputes resulted in conflicts between Muslim
Mandingos and Christian Gio and Mano groups. Throughout the year the
Interreligious Council and other religious organizations promoted
dialogue between religious groups.
There were reports of ritual killings-the killing for body parts
for use in traditional rituals-throughout the country. On July 16, a
boy was found dead in Harper with missing body parts; on July 23,
Patricia Patrick was found dead with body parts missing, and on October
1, Vanie Boima was found dead with body parts missing in Margibi
County. The Government treated such killings as homicides and
investigated them accordingly, although there were no prosecutions
during the year. There were multiple reports of protests against ritual
killings, which at times led to riots and loss of life.
There was no significant Jewish community in the country, and there
were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. However, LNP and Bureau of Immigration officers occasionally
subjected travelers to arbitrary searches and petty extortion at
checkpoints.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not use it.
Internally Displaced Persons (IDPs).--A few former IDPs remained in
closed camps throughout the year, although UNHCR assistance was no
longer provided.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The Government granted refugee status and asylum during the
year. In practice the Government provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government also provided temporary
protection to individuals who may not qualify as refugees under the
1951 convention or the 1967 protocol. The Government generally
cooperated with the UNHCR and other humanitarian organizations in
assisting refugees and asylum seekers.
Land disputes between returning landowners who fled the war and
IDPs who took over their land as well as between villages trying to
accommodate refugees resulted in violence and death during the year.
For example, on May 8, two persons were killed in a dispute after
the residents of Wetchuken Village, Maryland County, accused the
residents of nearby Rock Town of annexing farm land between the two
settlements to build houses for returning refugees; authorities
arrested 24 persons for involvement in the deaths. Approximately 1,000
Wetchuken villagers staged a four-day protest in the county
administration building in Harper to demand the dismissal of both the
county superintendent and the police commissioner, both of whom they
blamed for allegedly siding with the residents of Rock Town. An
investigation was ongoing at year's end.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--In 2005 Ellen Johnson
Sirleaf won the national presidential elections with 59.4 percent of
the vote in a runoff election; voters also selected 30 senators and 64
representatives.
The state is highly centralized. The law provides that the head of
state appoint county superintendents. Local governments had no
independent revenue base and relied entirely on the central government
for funds. As a result, there was very limited government functioning
outside of Monrovia. Local officials served mainly to lobby the central
government for funds to develop the counties they represented.
During the year the Supreme Court ruled that the constitution
authorizes the president to appoint county superintendents and mayors,
thus relieving the Government of the expense of holding municipal
elections; in 2007 the Government claimed it did not have sufficient
money to hold municipal and chieftaincy elections.
There were four female ministers, 12 female deputy ministers, five
women in the Senate, nine women in the House of Representatives, five
female county superintendents, and a female mayor of Monrovia. There
were two female supreme court associate justices. Women constituted 33
percent of local government officials and 31 percent of senior and
junior ministers.
Muslims occupied senior government positions, including one
minister, one deputy minister, three senators, six representatives, one
supreme court justice, and one county superintendent.
Government Corruption and Transparency.--On August 21, the
Anticorruption Act, which established the Anticorruption Commission,
was signed into law; however, the law does not provide criminal
penalties for corruption, which remained systemic throughout the
Government. On September 17, the five members of the commission were
sworn in, but at year's end the commission had only a minimal budget
and was still creating its office. Official corruption was exacerbated
by low pay levels for the civil service, lack of job training, and a
culture of impunity. The General Auditing Commission and Ministry of
Justice are responsible for combating official corruption. During the
year the commission conducted the country's first comprehensive audits
of government ministries, which were published and made available to
the public. Political appointees were directed to submit financial
disclosures, but few complied.
Financial mismanagement decreased but was still a problem, along
with lack of accountability, within government agencies. The Government
dismissed or suspended a number of officials and was actively
prosecuting former high-level government officials for corruption.
During the year the House Judiciary Committee held hearings on
former speaker Edwin Snowe's 2007 accusation that the executive branch
paid 300,000 Liberian dollars (approximately $5,000) to each member of
the House of Representatives to vote for his removal as speaker; Snowe,
who supported Liberian diplomatic relations with Taiwan, claimed the
money came from the Chinese government, a charge the Chinese government
denied. On June 12, the committee ruled inadmissible Snowe's recordings
of four accused representatives admitting they had accepted bribes,
noting the recordings were taken without the defendants' knowledge.
Both Snowe and Representative Samuel Bondo were suspended for one month
for ``bringing the House into public disrepute.'' NGOs publicly
expressed concern about the House's lack of independence and
credibility in its investigation of Snowe and suggested that committee
members were among those who received bribes.
Approximately 12 corruption cases remained pending at year's end,
including the 2007 embezzlement cases of Edwin Snowe, David Zarlee,
J.D. Slanger, former finance minister Kamara, and former National
Transitional Government of Liberia chairman Charles Gyude Bryant.
During the year the Government continued to take steps to improve
transparency. The Ministry of Finance published the national budget and
quarterly financial results, and state-owned enterprises published
financial statements. International financial controllers, placed in
key ministries and state-owned enterprises under the Governance and
Economic Management Assistance Program, continued to operate.
Controllers helped improve financial management, purchasing, and
contracting practices, and instituted financial controls that increased
government revenues and helped to curb corrupt practices. However,
government ministries and agencies did not always adhere to public
procurement regulations, particularly with natural resource
concessions.
The law provides for ``no limitation on the public right to be
informed about the Government and its functionaries,'' but little
government information was available, and there were few procedures for
obtaining it.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups operated
without government restriction, investigating and publishing their
findings on human rights cases. Government officials were generally
cooperative and responsive to their views.
There were three coalitions of human rights groups: the National
Human Rights Center of Liberia with nine member organizations; the
Network of Human Rights Chapters with eight groups; and the Human
Rights and Protection Forum, an umbrella organization of 70 to 80
groups. Approximately 40 groups, including members of the three
coalitions, formed a civil society collective called the National Civil
Society Organization. These coalitions sought to increase public
discussion of human rights problems. Civil society NGOs continued to
develop.
During the year the Government worked to facilitate the free and
safe passage of relief supplies by international NGOs and permitted
visits by a UN panel of experts, the International Committee of the Red
Cross, and various UN agencies.
The nine commissioners appointed in 2007 by the president to the
Government's Independent National Commission on Human Rights still
awaited confirmation by the legislature at year's end.
The investigation into the alleged 2006 LNP assault of an employee
of the NGO Forum for Human Rights and Democracy was still ongoing at
year's end.
The case against former president Charles Taylor, whom the
Government in 2006 transferred to the Special Court for Sierra Leone in
The Hague to face war crimes charges, was ongoing at year's end.
On January 8, the TRC initiated public hearings for the first time.
The hearings, which continued through July 31, carried the theme
``Confronting our Difficult Past for a Better Future'' and were
conducted in all 15 counties. Traditional leaders organized forgiveness
and reconciliation ceremonies in each county during the hearings, many
of which reportedly had a profound effect on local citizens. During the
year the TRC also sent psychosocial teams to help victims to all
counties. The TRC held additional thematic hearings in Monrovia related
to specific massacres and other conflict issues. Approximately 17,000
witness statements from citizens inside and outside of the country were
being coded and processed for analysis at year's end.
Effectiveness of the TRC, which has been hampered by poor
management, staff shortages, and disharmony among commissioners,
improved during the year, although conflicts between commissioners
continued.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on ethnic
background, race, sex, creed, place of origin, disability, ethnic
origin, or political opinion; however, the Government did not enforce
these provisions effectively.
The constitution enshrines discrimination on the basis of race, and
only persons who are ``Negroes'' or of ``Negro descent'' can become
citizens or own land. Differences stemming from the country's civil war
continued to contribute to social and political tensions among ethnic
groups, notably the Congos, Krahn, Mano, Gio, and Mandingo.
Women.--On August 4, the president signed into law the Gender and
Sexually Based Violence Bill, which designates a specialized court for
rape trials and expedites rape cases through the court system.
Sentences for rapists range from seven years to life imprisonment, and
accused rapists are ineligible for bail; however, the Government did
not effectively enforce the law. The law does not specifically
criminalize spousal rape. The WCPS unit of the LNP stated that
approximately 275 rape cases were reported to the unit during the year,
of which 202 were prosecuted, resulting in 21 convictions and 181 cases
still pending; approximately 400 rape cases were reported in the
previous year. The stigma of rape contributed to the pervasiveness of
out-of-court settlements and obstructed prosecution of cases.
Inefficiency in the justice system also prohibited timely prosecution
of cases, although local NGOs pushed for prosecution and sometimes
provided lawyers to indigent victims. The Government raised awareness
of the issue of rape through billboards, radio broadcasts, and
publicity campaigns.
The law prohibits domestic violence; however, it was a widespread
problem. The maximum penalty for domestic violence is six months'
imprisonment, but the Government did not enforce the law effectively.
The Government and the media made some efforts to publicize the
problem, and several NGOs continued programs to treat abused women and
girls and to increase awareness of their rights. LNP officers received
training on sexual offenses as part of their initial training. In 2007
the Gender Based Violence (GBV) Secretariat completed a national action
plan, and during the year the Ministry of Gender and Development
organized workshops and seminars to create awareness of GBV.
Although prostitution is illegal, it was widespread.
The law does not prohibit sexual harassment, and it was a major
problem, including in schools and at places of work.
Women have not recovered from the setbacks caused by the war, when
many schools were closed, and they were prevented from maintaining
their traditional roles in the production, allocation, and sale of
food. Thousands of women remained displaced, preventing them from
pursuing livelihoods or education.
Women and men enjoy the same legal status. Women can inherit land
and property, receive equal pay for equal work, and were allowed to own
and manage businesses. A number of businesses were female-owned or
operated. The Government prohibits polygyny; however, traditional laws
permit men to have more than one wife. No specific office exists to
ensure the legal rights of women, but the Ministry of Gender and
Development was generally responsible for promoting women's rights.
Children.--The Government did not fully provide for the education
and health of children, but it continued to improve these services, and
the budget for children's health and education increased during the
year.
Many parents of children born at home did not register their
children, which sometimes resulted in denial of public services. During
the year the Ministry of Health worked to increase birth registrations.
The Government eliminated fees for primary school, but fees
continued for secondary school, and the Government was unable to
provide for the needs of the majority of children. School-related costs
remained high, thereby making education unattainable for significant
numbers of school-age children. In both public and private schools,
families of children often were asked to provide their own uniforms,
books, pencils, paper, and even desks. For primary education, the
national enrollment ratio was 53 percent for boys and 47 percent for
girls.
Widespread child abuse continued, and reports of sexual violence
against children increased during the year. Civil society organizations
reported increased incidence of rape of girls under 12.
On June 26, the Government sentenced Issac Carr and Alphonso
Kerkula to life imprisonment for the gang rape of a child in Monrovia,
and on July 21, a child rapist was convicted in Bong County.
On September 22, Grand Bassa County Senator Nathaniel Innis was
indicted for aggravated assault on his niece in July. Although Innis
denied attacking the girl, who sustained numerous bruises, he publicly
blamed ``the devil'' and accused the media of exaggerating the incident
for political purposes. Several local human rights groups called for
the senator's prosecution; however, charges against the senator were
dropped in November.
The law does not specifically prohibit female genital mutilation
(FGM), and the Government took no action against FGM during the year.
FGM traditionally was performed on young girls belonging to northern,
western, and central ethnic groups, particularly in rural areas. The
most extreme form of FGM, infibulation, was not practiced. Victims of
FGM died from the procedure during the year. Traditional institutions,
such as the secret Sande Society, often performed FGM as an initiation
rite, making it difficult to ascertain the number of cases.
During the year there were reports that young women and girls
engaged in prostitution for money, food, and school fees.
Despite international and government attempts to reunite children
separated from their families during the civil war, there were still
many children who lived on the streets in Monrovia. It was difficult to
tell who were street children, former combatants, or IDPs. Nearly all
children had witnessed atrocities during the 14-year civil war, and
some children had committed atrocities.
The Government continued to close unregistered orphanages during
the year; however, regulation of orphanages continued to be very weak.
Many unofficial orphanages also served as transit points or informal
group homes for children, some of whom had living parents who had given
up their children for possible adoption. Orphanages were underfunded
and had difficulty providing basic sanitation, adequate medical care,
and appropriate diet. They relied primarily on private donations and
support from international organizations, such as the UN Children's
Fund and the World Food Program, which provided food and care
throughout the year. Many orphans lived outside these institutions.
Trafficking in Persons.--The law prohibits trafficking in persons;
however, there were police reports that persons were trafficked within
the country, particularly for domestic work and other labor. Although
no national database on trafficking exists, seven trafficking cases
were recorded between March 2007 and February 2008, according to the
National Antitrafficking Task Force. Of the seven, three persons were
charged with criminal facilitation, and all were being prosecuted at
year's end. Young women and children were at a particularly high risk
for trafficking, especially orphans or children from extremely poor
families. Trafficking victims often were subjected to harsh living and
working conditions.
Traffickers enticed their victims with promises of a better life.
Victims generally were not related to traffickers, although they were
often from the same village. Parents of trafficking victims were
persuaded that their children would have better food and educational
opportunities and would eventually return home.
Penalties for trafficking range from one year to life in prison.
Monetary restitution to victims is also provided for in the law. The
law was widely disseminated among law enforcement personnel, although
lawyers and judges were often unfamiliar with it. The ministries of
Justice and Labor have primary responsibility for combating
trafficking, but enforcement efforts were weak, and there were no
convictions for trafficking during the year.
In December authorities arrested three suspects for allegedly
recruiting 33 children in Liberia, Sierra Leone, and Guinea. One of the
suspects, Francis Dogbyou, recruited 50 schoolchildren in Bong,
Margibi, Bomi, and Grand Cape Mount counties. Two other suspects, who
described themselves as imams, were arrested in Lofa County with 65
children allegedly recruited in Guinea, Sierra Leone, and Liberia. The
case against the man arrested in 2007 for trying to sell a child in
Monrovia remained pending at year's end.
The Government had limited capacity to provide services to victims;
however, NGOs and church groups provided shelter for abused women and
girls, including trafficking victims.
International NGOs, local NGOs, and churches worked with the
Government to raise awareness about trafficking, and the WCPS continued
to address trafficking issues. The National Antitrafficking Task Force
appointed by the president in 2006 continued to meet during the year;
however, it had no program budget. The task force held a three-day
workshop for government officials and NGOs during the year.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--Although it is illegal to discriminate
against persons with physical and mental disabilities, such persons did
not enjoy equal access to government services. No laws mandate access
to public buildings. Streets, schools, public buildings, and other
facilities were generally in poor condition and inaccessible to persons
with disabilities. Many citizens had permanent disabilities as a result
of the civil war. Persons with disabilities faced societal
discrimination, particularly in rural areas; however, unlike in the
previous year, there were no reports that babies with deformities were
sometimes abandoned.
The Ministry of Health and Social Welfare is responsible for
protecting the rights of persons with disabilities. During the year the
ministry conducted a series of sensitization programs for government
social workers about persons with disabilities. NGOs provided some
services to persons with disabilities.
National/Racial/Ethnic Minorities.--Although the law prohibits
ethnic discrimination, racial discrimination is enshrined in the
constitution, which provides that only ``persons who are Negroes or of
Negro descent'' may be citizens or own land. Many persons of Lebanese
and Asian descent who were born or lived most of their lives in the
country were denied citizenship and the right to own property as a
result of this racial discrimination.
The country has 16 indigenous ethnic groups; each speaks a distinct
primary language and was concentrated regionally. Differences involving
ethnic groups continued to contribute to social and political tensions.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence based on sexual orientation or against persons with
HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to freely form
or join independent unions of their choice without prior authorization
or excessive requirements. The law also provides workers, except
members of the military, police, and civil service, the right to
associate in trade unions, and workers exercised this right in
practice. The law allows unions to conduct their activities without
interference, and the Government protected this right in practice. The
law prohibits unions from engaging in partisan political activity.
Workers, except members of the civil service, have the right to strike.
Union power increased during the year through increased membership at
major plantations; however, the country's largely illiterate workforce
engaged in few economic activities beyond subsistence level.
Unlike in the previous year, the Government did not interfere with
union elections; in 2007 the minister of labor suspended the leadership
of the Aggrieved Workers Union.
The law does not prohibit retaliation against strikers; however,
there were no such incidents during the year.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected by law, and these laws were effectively
enforced. With the exception of civil servants, all workers have the
right to organize and bargain collectively.
The law does not prohibit antiunion discrimination, but there were
no reports of such discrimination during the year.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment and apprenticeship of children under the
age of 16 during school hours; however, the Government did not
effectively enforce the law. Child labor was widespread in almost every
economic sector, in large part due to extreme poverty. Throughout rural
areas, particularly where there were no schools, small children
continued to take care of younger brothers and sisters and to work on
family subsistence farms. In urban areas children assisted their
parents as vendors in markets or hawked goods on the streets. During
the year there were reports that children were tapping rubber at
smaller plantations and private farms. There were also unconfirmed
reports that children were forced to work in conditions that were
likely to harm their health and safety, such as stone cutting or work
that required carrying heavy loads. Some children were engaged in
hazardous labor in the alluvial diamond industry and in agriculture.
The Ministry of Labor's Child Labor Commission was responsible for
enforcing child labor laws and policies; however, the commission was
understaffed and generally focused on awareness. There were no
government programs to prevent child labor or to remove children from
such labor. International NGOs continued to work to eliminate the worst
forms of child labor by putting at-risk children in school. Other local
and international NGOs worked to raise awareness about the worst forms
of child labor.
e. Acceptable Conditions of Work.--The national law requires a
minimum wage of 15 Liberian dollars (approximately $0.25) per hour, not
exceeding eight hours per day, excluding benefits, for unskilled
laborers. The law does not fix a minimum wage for agricultural workers
but requires that they be paid at the rate agreed in the collective
bargaining agreement between workers' unions and their management,
excluding benefits. Skilled labor has no minimum fixed wage, and the
minimum wage for civil servants was raised during the year from 3,300
Liberian dollars ($55) to 4,200 Liberian dollars ($70) per month.
The relatively scarce minimum wage jobs did not provide a decent
standard of living for a worker and family. Families dependent on
minimum wage incomes also engaged in subsistence farming, small scale
marketing, and begging.
The law provides for a 48-hour, six-day regular workweek with a 30-
minute rest period per five hours of work. The six-day workweek may be
extended to 56 hours for service occupations and to 72 hours for
miners, with overtime pay beyond 48 hours. The law also provides for
pay for overtime and it prohibits excessive compulsory overtime.
The law provides for paid leave, severance benefits, and safety
standards, but enforcement was targeted solely at foreign-owned firms
that generally observed these standards.
The Ministry of Labor lacked the ability to enforce government-
established health and safety standards. The law does not give workers
the right to remove themselves from dangerous situations without
risking loss of employment.
Due to the country's continued severe economic problems, most
citizens were forced to accept any work they could find regardless of
wages or working conditions.
__________
MADAGASCAR
Madagascar is a multiparty democracy with a population of
approximately 18 million. President Marc Ravalomanana, who was elected
to a second term in 2006, and his party, Tiako-I-Madagasikara (TIM),
dominated political life. The legislative elections in September 2007
and April were generally free and fair, although international and
domestic observers noted the continued unanswered need for electoral
reforms. The civilian authorities generally maintained effective
control of the security forces.
The following serious human rights problems were reported: unlawful
killings; security force abuse; harsh prison conditions that resulted
in deaths; arbitrary arrest; lengthy pretrial detention; censorship;
official corruption and impunity; societal discrimination and violence
against women and children; trafficking of women and children; and
child labor, including forced child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings. However,
police and gendarmes throughout the country used unwarranted lethal
force during pursuit and arrest.
In September a suspected criminal was killed during pursuit and a
bystander injured by police gunfire in an Antananarivo market. In a
similar incident in October in Ankasina, a suspected thief was injured
by gunfire after fleeing from the police. In June 2007 gendarmes in
Bekoby, near the northwestern town of Majunga, shot and killed two
brothers for stealing a neighbor's cow; that same month a gendarme
slashed another suspect's leg with a machete during pursuit and arrest,
and the man bled to death after a day of questioning and beating. No
action was taken against security forces responsible for such killings.
There were no reports that demonstrators died as a result of police
use of excessive force.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law provide for the inviolability of
the person; however, security forces subjected prisoners to physical
abuse, including rape. In September 2007 a 17-year-old boy in Ilemby
accused of stealing cattle had his head submerged in a river by a
gendarmeaccording to the local nongovernmental organization (NGO)
S.O.S. Victimes. The boy spent three days in prison and was released
after his family agreed to pay 800,000 ariary (approximately $400) to
the gendarme. At year's end the family was still completing its
payment. There were no other developments in the case.
In October 2007 a 15-year-old in Ambohimangakely, near the capital,
Antananarivo, was arrested after being accused of stealing a cellular
telephone. In prison he was undressed, physically abused, and not given
anything to eat for 48 hours. After he fainted, the police sent him to
a local hospital. In November 2007 the boy was acquitted for lack of
evidence. There was no further action on the case.
Prison and Detention Center Conditions.--Prison conditions were
harsh and life threatening. Severe overcrowding due to weaknesses in
the judicial system and inadequate prison infrastructure remained a
serious problem; pervasive pretrial detention continued, although
Ministry of Justice (MOJ) efforts reduced the number of such detainees
during the year. As of December the country's 82 facilities held
approximately 16,555 prisoners, according to the Ministry of Justice,
exceeding intended capacity by up to one-third.
Chronic malnutrition, which affected up to two-thirds of detainees
in some prisons, was the most common cause of death. The Ministry of
Justice's efforts in 2007 to raise prisoners' daily food ration to 750
grams (typically dry manioc, rice, or cassava) had not been fully
implemented by year's end; families and NGOs supplemented the daily
rations of some prisoners.
The MOJ reported 48 prison deaths during the year, a slight
reduction over the same period in 2007, although NGOs and media sources
indicated that there was substantial underreporting of this figure.
Malnutrition and a lack of hygiene made detainees vulnerable to
disease, including epidemics. Deteriorating prison infrastructure-
including a lack of sanitary facilities and potable water-resulted in
skin disease, insect infestation, and other health risks. Access to
medical care was limited, although NGOs reported limited success in
targeted sanitation activities at several facilities in the north of
the country.
The Government's 2007 national action plan to rehabilitate and
improve prison conditions had some success in reducing the number of
pretrial detainees, but there was little change in other target areas.
Church leaders and some NGOs reported that rape was commonplace in
prisons and often used by prison guards and other inmates to humiliate
prisoners. Other organizations stated that while rape cases were the
exception, prisoners often prostituted themselves in jail for food.
Prisoners could be used as forced labor.
Juveniles were not always held separately from the adult prison
population, and some preschool age children shared cells with their
incarcerated mothers. Pretrial detainees were seldom kept separate from
the general prison population.
The Government generally permitted independent monitoring of prison
conditions by the International Committee of the Red Cross and several
local NGOs, and such visits occurred during the year. ICRC visits were
conducted two to three times during the year to each facility, with
private consultations in accordance with ICRC standard modalities.
d. Arbitrary Arrest or Detention.--The constitution and law provide
for due process for persons accused of crimes and prohibit arbitrary
arrest and detention. However, the Government did not always respect
these provisions in practice, permitting arrest on vague charges and
detaining suspects for long periods without trial.
Role of the Police and Security Apparatus.--Following reforms in
October, the minister for internal security heads the National Police,
the Gendarmerie, and a planned Coast Guard, with authority for law and
order in both urban and rural areas. The Gendarmerie had previously
been under the authority of the Ministry of Defense.
Lack of training and equipment, low salaries, and rampant
corruption were problems in the National Police and Gendarmerie. The
MOJ established four legal clinics in 2007 to assist victims of human
rights violations; however, no report on their activities was made
available by year's end.
The Independent Anticorruption Bureau (BIANCO) is a nominally
independent government agency, with a presidentially appointed director
and oversight from the Committee for the Safeguard of Integrity within
the presidency. BIANCO opened investigations into allegations of
security force abuses including corruption and blackmail, and provided
training in judicial reforms to the security forces.
Arrest and Detention.--Although the law requires that arrest
warrants be obtained in all cases except those involving hot pursuit,
often persons were detained and jailed based on accusations. Defendants
have a general right to counsel and the right to be informed of charges
against them, but this was not always respected. A system of bail
exists depending on the crime, with bail frequently denied for more
severe or high profile crimes. Magistrates often resorted to a ``mandat
de depot'' (retaining writ) by which defendants were held in detention
for the entire pretrial period. In May 2007 the Government adopted a
new law that limits the duration of pretrial detention and regulates
the use of the mandat de depot, including new regulations that limit
the duration of detention based on the type of crime, with a new
maximum of eight months for criminal cases. Family members of prisoners
generally were allowed prompt access to prisoners; however, access to
certain prisoners, such as those in solitary confinement, was more
limited.
The MOJ reported that approximately 50 percent of the prison
population was in pretrial detention. The law mandates that a criminal
suspect be charged or released within 48 hours of arrest; however, the
Government often detained individuals for significantly longer before
charging or releasing them. Poor record keeping, an outdated judicial
system that favors keeping the accused in detention until their trial
an insufficient number of magistrates, lack of resources, and difficult
access in remote areas contributed to lengthy pretrial detention,
ranging from several days to multiple years. Many detainees spent a
longer period in investigative detention than they would have spent
incarcerated following a maximum sentence on the charges faced.
The Government's recent steps to address some of these issues have
started to reduce the number of pretrial detainees and increase the
number of prisoners released on ``conditional liberty.'' Human rights
training by UNDP and the National School for Magistrates was ongoing
for magistrates, NGOs, journalists, and investigative police.
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, the judiciary was susceptible to
executive influence at all levels and corruption remained a serious
problem.
The judiciary is under the MOJ and has four levels. Courts of first
instance hear civil cases and criminal cases carrying lesser fines and
sentences. The Court of Appeals includes a criminal court of first
instance for cases carrying sentences greater than five years. The
Supreme Court of Appeals hears appeals of cases from the Court of
Appeals. The High Constitutional Court reviews the constitutionality of
laws, decrees, ordinances, and electoral disputes. The judiciary also
includes specialized courts designed to handle matters such as cattle
theft.
Military courts are reserved for the trial of military personnel
and generally follow the procedures of the civil judicial system,
except that military officers are included on jury panels. Defendants
in military cases have access to an appeals process. A civilian
magistrate, usually joined by a panel of military officers, presides
over military trials.
The law provides traditional village institutions the right to
protect property and public order. An informal, community-organized
judicial system called ``dina'' was used in some rural areas to resolve
civil disputes between villagers over such issues as cattle rustling.
Trial Procedures.--The constitution and law provide defendants with
the right to a full defense at every stage of the proceedings, and
trials are public. Defendants have the right to be present at their
trials, to be informed of the charges against them, to call and
confront witnesses, to present evidence, and to appeal convictions. The
law extends these rights to all citizens without exception.
The Government is required to provide counsel for all detainees who
cannot afford their own attorney; however, many citizens were not aware
of this right in practice. Attorneys have access to government-held
evidence but this right does not extend to defendants without
attorneys. The law provides for a presumption of innocence; however,
the presumption of innocence was often overlooked. While the law
provides that juries can be used in all cases, in practice, juries were
used only in labor disputes.
Political Prisoners and Detainees.--Government, opposition, and
civil society organizations disagree on the existence of political
prisoners in Madagascar. Although no numbers are currently available,
several well-known politicians are imprisoned, serving what are seen as
excessive sentences for crimes of reportedly questionable legitimacy.
Pety Rakotoniaina, a former Mayor of Fianarantsoa and contender in the
2006 presidential election, is currently serving a 14-year sentence for
the theft of an official vehicle. His lengthy sentence is seen by the
opposition and media as the result of his vocal support for General
Fidy Andrianafidisoa, currently imprisoned for a 2006 coup attempt
against the president.
The classification of some prisoners remains difficult due to the
effects of corruption and intimidation in the judicial process. These
prisoners generally received equal treatment to that of other
prisoners, and international humanitarian organizations were permitted
access to them.
Civil Judicial Procedures and Remedies.--The judiciary's
independence and impartiality was compromised by corruption, as
indicated by BIANCO investigations and public perception. The judiciary
deals with all civil matters, including human rights cases. However,
the courts often encountered difficulty in enforcing judgments in civil
cases.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press. Citizens could criticize the
Government on many subjects without fear of reprisal, but the
Government attempted to impede political criticism. There were no
reports of government officials arresting journalists during the year;
however, one television station was closed, several radio stations were
temporarily suspended and programs cancelled for alleged criticism of
the Government. To maintain access to sources, journalists practiced
extensive self-censorship.
There were 13 privately owned major daily newspapers and many other
privately owned national and local news publications that were
published less frequently. Le Quotidien, which is owned by the
president, was the newspaper most heavily influenced by the state. The
Government owned nationwide television and radio networks. The
president's privately owned television and radio station, MBS, was
permitted to broadcast nationally, a right denied to all other private
stations. There were approximately 256 other radio stations and 39
other television stations.
In May the foreign editor of L'Express, a major Antananarivo
newspaper, was allegedly expelled from the country. In October the
prime minister implied in a statement to the press that the activities
of critical media could be construed as criminal. While a wide variety
of views can be found in print media, electronic media generally
refrain from criticizing the Government, and those working for private
media were expected to follow the political line of the station owner.
Government agencies, private companies, and political parties sometimes
bribed journalists, who generally received minimum or below minimum
wages, to ensure positive coverage of certain events.
In December Antananarivo television station ``VIVA'' was closed
after airing a speech by former president Didier Ratsiraka, with the
Government citing concerns that it could ``disturb order and public
securit.''. Andry Rajoelina, owner of VIVA and Mayor of Antananarivo,
has used the closure to garner support among opposition figures, and he
has publicly challenged the Government over what he considers to be a
politically-motivated campaign against him. This dispute worsened by
the end of the year.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Public access to the Internet was limited mainly to urban areas; modern
technology and the necessary infrastructure were generally absent in
rural areas.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly and
the Government generally respected this right in practice. Unlike in
the previous year, however, there were reports that government
officials impeded opposition meetings in several locations around the
country.
From August through October, several opposition groups were denied
permission to hold meetings in several cities, including Antananarivo,
Fianarantsoa, and Tamatave. In several cases, authorization was
withheld by the police, citing public safety, security concerns, or
lack of justification for the event. Several groups held their events
regardless, and opposition leaders were arrested or detained for these
activities. Opposition leader Henri Lecacheur was given a three-month
suspended sentence in September for allegedly holding an unauthorized
rally in Antananarivo in August.
For several weeks starting in late April, public demonstrations in
Tulear, Diego Suarez, and Tamatave, originating with students'
grievances against blackouts and study conditions, led to clashes
between security forces and demonstrators. Protestors threw rocks at
police, set fire to a public building in Tulear, took the regional
director of Tulear's penitentiary administration hostage, and looted
shops. Police responded by releasing tear gas and firing shots to
disperse the crowd; one person was shot in the leg. All arrested
protestors were released; some received suspended prison sentences for
inciting violence and disturbing public order. There is no record
available of any further actions in this case.
Freedom of Association.--The constitution and law provide for the
right of association and permit citizens to organize political parties
and associations. The Government generally respected this right in
practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice. However, some Muslims felt marginalized by the Government
and expressed concern about their legal status. They expressed
reluctance to openly advertise some of their activities as ``Islamic''
for fear of discrimination, although there were no reliable reports of
explicit discrimination by the Government except regarding pending
citizenship applications (See Section 2.d.).
An April 2007 constitutional referendum eliminated the explicit
separation of church and state but did not diminish legal protection
for freedom of religion. However, secular NGOs and other churches
reported favoritism for the Protestant FJKM, with which President
Ravalomanana is affiliated, and assert that the constitutional changes
have legitimized a certain amount of interference.
In August 2007, following a two-year ban, the Government reopened
the New Protestant Church in Madagascar, now renamed. The Universal
Church of the Kingdom of God remained banned during the year.
In May 2007 Jesuit missionary Father Sylvain Urfer was deported to
France on grounds that his entry visa had expired, although he had
lived in Madagascar since 1974 and held a permanent visa since 1992.
Some human rights activists claimed Urfer's expulsion was connected to
his religious activities, while others cited his open criticism of the
Government as the reason. As of October the Supreme Court had not yet
ruled on the case, and Urfer remained abroad.
Societal Abuses and Discrimination.--There were no reports during
the year of societal abuses or discrimination based on religious belief
or practice.
The country has a very small Jewish population, and there were no
reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement, foreign travel, emigration, and repatriation, and
the Government generally respected these rights in practice. The
constitution does not explicitly prohibit forced exile; however, the
Government did not use it in practice. Former president Ratsiraka and
some members of his administration remained in self-imposed exile.
Protection of Refugees.--The law does not include provisions for
the granting of asylum or refugee status, but the Government has
established a system for providing protection to refugees. In practice
the Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened.
The Government granted refugee status or asylum and cooperated with the
UN High Commissioner for Refugees and other humanitarian organizations
in assisting the small number of refugees in the country.
Stateless Persons.--An arcane system of citizenship laws and
procedures has resulted in a large pool of stateless persons in the
minority Muslim community, many of whom have lived in the country for
generations. Reliable figures remain unavailable, but Muslim leaders
estimated as many as 5 percent of the estimated two million Muslims
were affected. Citizenship is transmitted through ``bloo.''; birth on
Malagasy soil does not transmit citizenship. Children born to a
Malagasy mother and non-Malagasy father must be declared by a certain
age or risk losing eligibility for citizenship. Some members of the
Karana community of Indo-Pakistani origin who failed to register for
Malagasy or Indian citizenship following India's independence in 1947
were no longer eligible for either. Members of the wider Muslim
community suggested that a Muslim-sounding name alone could delay one's
citizenship application indefinitely. Lack of citizenship precluded
voting rights and limited international travel without a passport.
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 by
voting in presidential, legislative, and municipal elections.
Elections and Political Participation.--Indirect elections to the
33-member senate were held in April, with the ruling TIM party winning
all 22 elected seats, with the remaining 11 members appointed by the
president. Allegations of campaign and voting irregularities surfaced
during and after the election, but no conclusive legal action was
taken.
The December 2007 municipal elections were initially declared free,
fair and peaceful, but local observers noted minor irregularities in
some elections advantaging ruling party candidates over others. The
Council of State overturned results in several mayoral contests, citing
localized miscounting and improper involvement of TIM candidates. By
August TIM had lost 16 mayoral positions in court, and gained six
others. TIM did not interfere when an independent won in Antananarivo,
but an ongoing feud between the mayor and the Government over the last
year has seen national government officials interfering with the
mayor's financial independence and administrative authority in the
capital. This culminated in a conflict over the closure in December of
the mayor's private television station, VIVA, that was ongoing at the
end of the year.
In September 2007 the country held a calm and relatively orderly
legislative election marked by a low 46 percent voter turnout. The
result was a National Assembly in which all but 22 of 127 legislators
were TIM party members. A number of domestic and international observer
teams deemed the election generally free and fair, despite minor
irregularities that did not affect the overall results. However, media
coverage included unconfirmed reports of government interference and
pressure at the local level, namely regional chiefs either promising
local leaders rewards or threatening dismissal if the ruling TIM party
candidate was not elected in their areas. Election observers also noted
persistent structural shortcomings, including the need for an
independent electoral commission, the need to revise the electoral code
to include sanctions against fraud and to regulate campaign financing,
and the lack of a single ballot that could potentially disadvantage
candidates who could not afford to print their own ballots or if the
Government failed to adequately distribute their ballots.
Former deputy prime minister Pierrot Rajaonarivelo continued from
abroad to appeal his conviction; the last appeal filed in May 2007 was
still pending at year's end.
There were four women in the cabinet, 10 women in the 127-member
National Assembly, and five women in the 33-member Senate. Three of the
22 appointed regional administrators were women.
There were 11 Muslims and seven Chinese-Malagasy members in the
National Assembly and eight Muslims in the Senate. Chinese-Malagasy and
Muslims also held civil service positions. However, residents of Indo-
Pakistani origin were not well-represented in the Government.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively. The World Bank's Worldwide Governance
Indicators reflected that corruption was a problem, as was impunity.
NGOs and the media reported that anticorruption efforts were more
effective in pursuing low-level violators, with less success in
attacking corruption at the national government level.
During the year the Government created an anti-money laundering
agency, SAMIFIN, and a separate ethics unit within each ministry.
BIANCO, the Government's Independent Anti-Corruption Bureau, and the
MOJ signed an agreement in June for increased cooperation concerning
data collection and case referrals.
BIANCO monitored a network of drop boxes for public complaints in
each of the country's 111 districts, and had received 9,690 complaints
during the year; of these, 1,167 were considered worthy of pursuit, and
in December the agency had 1,095 open investigations.
In October 2007 a court sentenced the former mayor of Tamatave,
Roland Ratsiraka, to 18 months of ``suspended'' prison time for
awarding a bid to his own garbage collection company. In August 2007
six persons were arrested for embezzling 10.8 billion ariary
(approximately six million dollars) from the Central Bank in Manakara;
the director of the Central Bank and two of his staff reportedly fled
abroad to avoid arrest.
Public officials at the director-general level and above were
subject to financial disclosure laws, excluding the president. In
practice, only 33 percent of those required to disclose did so during
the year.
There are no laws providing for public access to government
information. Educational material on anticorruption, including
statistics updated every quarter, was available to citizens and
noncitizens, including foreign media, while cases under investigation
were considered confidential.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Numerous domestic and international human rights groups generally
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were
cooperative and responsive to their views. The constitution and law
require the Government to create apolitical organizations that promote
and protect human rights. While no single entity bears sole
responsibility for the status of human rights in the country beyond the
standard judicial system, responsibilities have been delegated to
several organizations covering specific elements such as child labor
and domestic violence.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit all forms of discrimination;
however, no specific government institutions were designated to enforce
these provisions.
Women.--The law prohibits rape in general but does not specifically
refer to spousal rape. Penalties ranged from three years to life in
prison, depending on factors such as the victim's age, the rapist's
relationship to the victim, and whether the rapist's occupation put him
or her in contact with children. Rapes committed against children and
pregnant women were punishable by hard labor. An additional two to five
years' imprisonment could be added in the case of assault and battery,
and the Government generally enforced these penalties. The Brigade of
Morals and Minors reported receiving 10 to 12 rape-related complaints a
day throughout the country. There were 217 cases of rape reported
during the year in Antananarivo, of which 130 were investigated.
The law prohibits domestic violence, but it remained a significant
problem. In 2007 the Government's National Institute for Public Health
estimated that 55 percent of women were victims of domestic violence.
The UN Population Fund (UNFPA) estimated in June 2006 that one out of
three women in southern and south-eastern Madagascar would suffer from
violence at some point in her life. A 2007 survey on conjugal violence
conducted by the Ministry of Health in collaboration with two NGOs
found that of 400 women surveyed in Antananarivo, 45 percent were
subjected to psychological violence, and 35 percent were victims of
physical violence. Police and legal authorities generally intervened
when physical abuse was reported. The Ministry of Health continued
working with NGOs in Antananarivo and Fianarantsoa to provide victims
with legal advice. Statistics on the number of domestic abusers
prosecuted, convicted, or punished were unavailable.
Prostitution is not a crime, but related activities, such as
pandering and incitement of minors to debauchery, are criminal.
Prostitution was pervasive and particularly visible in areas frequented
by tourists. Sex tourism was an increasing problem with the growth of
the tourism industry. The Government continued with its national
awareness campaign by posting signs throughout airports and hotels,
including a full-page warning against engaging in sex tourism in the
customs booklet given to arriving international passengers. In December
2007 the Government adopted a law modifying the criminal code to define
child sexual exploitation, child sex tourism, child pornography and
trafficking in persons, and stipulating sanctions for the authors of
such crimes, particularly when committed against children. NGOs
reported that the law has been used in court on several occasions, but
has not yet resulted in a prosecution.
Sexual harassment is against the law, but the practice was
widespread, particularly in export processing zone (EPZ) factories. The
UNFPA estimated that 50 percent of women working in EPZs were victims
of sexual harassment. The Government enforced sexual harassment laws
when brought to court; however, there were no reported cases during the
year.
Women generally enjoy the same legal status as men. Under the law
wives have an equal voice in selecting the location of the couple's
residence and generally received half the couple's assets if the
marriage ended. Widows with children inherit half of joint marital
property; however, a husband's surviving kin have priority over widows
without children. In practice these requirements were not always
observed. A tradition known as ``the customary third,'' which provided
the wife with the right to only one-third of a couple's joint holdings,
was occasionally observed. Although the country is party to Convention
for the Elimination of all Forms of Discrimination Against Women there
was no special government office to ensure the legal rights of women.
There was relatively little societal discrimination against women
in urban areas, where many women owned or managed businesses and held
management positions in private businesses and state owned companies.
More traditional social structures in rural areas tended to favor
entrenched gender roles, as most of the population is engaged in
subsistence farming. In 2003 the Ministry of Civil Services and Labor
reported that women owned 30 percent of formal sector companies and 53
percent of informal sector companies. While there is little
discrimination in access to employment and credit, women often do not
receive equal pay for substantially similar work. Women are not
permitted to work in positions that might endanger their health,
safety, and morals. Per the Labor and Social Protection Codes, such
positions include night shifts in the manufacturing sector, and select
positions in the mining, metallurgy, and chemical industries.
A number of NGOs focused on the civic education of women and girls
and publicized and explained their specific legal protections; however,
due to illiteracy, cultural traditions, societal intimidation, and a
lack of knowledge about their rights, few women lodged official
complaints or sought redress when their legal rights were compromised.
Children.--The ministries of health and education play the
principal role in addressing child welfare, but the ministries of
justice, civil services and labor, youth and sports, and the State
Secretariat for Public Security also play a role. An increase in the
budget for education has permitted some improvement in services for
vulnerable groups, but a lack of funding generally resulted in
inadequate services and precluded the compilation of reliable
statistics.
The country has no uniform birth registration system, and
unregistered children were not eligible to attend school or obtain
health care services. According to a 2003-04 study by INSTAT, the
Government's office of statistical studies, 25 percent of children in
the country under the age of five were not registered.
The constitution provides for tuition-free public education for all
citizen children and makes primary education until age 14 compulsory.
According to government statistics, 85 percent of primary school-age
children were enrolled, although a 2008 report from the International
Labor Organization indicates that far fewer actually attend school.
Children in rural areas generally studied through middle school,
whereas children in urban areas commonly finished the baccalaureate
examination process for entrance into university.
Child abuse was a problem. In December 2007 the Government adopted
a 2008-12 national action plan on violence against children, including
child labor, sexual exploitation, and trafficking. The Ministry of
Health, in collaboration with UNICEF, operated more than 14 multi-
sector networks throughout the country to protect children from abuse
and exploitation. In light of recent child-related legislation, several
ministries worked with UNICEF to develop training manuals on child
rights and safeguards for officials working on child protection
networks. In June, the Government completed a one-year program to train
and assist security forces in the protection of children.
Government statistics indicated that 33 percent of girls between
the ages of 15 and 19 were married. Child marriage was especially
prevalent in rural areas, where most couples were united in traditional
local ceremonies outside the legal system. As of April 2007 the legal
age for marriage without parental authorization was 18 for both boys
and girls.
Children engaged in prostitution for survival without third party
involvement. Child prostitution constituted one of the primary forms of
child labor. A 2007 UNICEF study in the coastal cities of Toamasina and
Nosy Be found that between 30 and 50 percent of female sex workers were
under the age of 18.
Although child abandonment is against the law, it was a significant
problem due to acute poverty and lack of family support. There were few
safe shelters for street children, and government agencies generally
tried to place abandoned children with parents or other relatives
first; orphanages and adoption were a last resort. A traditional
superstition in the southeast against giving birth to twins led some
parents in the region to abandon one or both of their twin children,
who were sometimes left to die. The Government completed a study on the
treatment of twins in Mananzary, and NGOs have actively promoted
awareness of the issue, but no changes to the legal framework or
enforcement policy had been adopted by year's end.
Trafficking in Persons.--As of December 2007 the law specifically
prohibits trafficking in persons, but there were reports that persons
were trafficked within the country. The vast majority of cases involved
children and young women, mostly from rural areas, trafficked for
sexual exploitation and forced labor including domestic servitude,
mining, and street vending. A sex tourism problem existed in coastal
cities, as well as Antananarivo, with a significant number of children
exploited as prostitutes. International trafficking was rare; there
were unconfirmed anecdotal reports of a limited number of women and
girls trafficked for prostitution to the neighboring islands of
Mauritius and Reunion.
Principal traffickers ranged from organized criminals to
``friends'' to taxi drivers to distant family members. Traffickers
often took advantage of young women, girls, and boys in rural areas by
promising employment opportunities in urban areas, particularly in
domestic employment.
Traffickers may be prosecuted under provisions prohibiting
procurement of minors for prostitution, pedophilia, pimping, and
deceptive labor practices. In August 2007 a new law was adopted
prohibiting all forms of violence against children, including sexual
exploitation and providing for punishment of adult exploiters of child
prostitutes. In December 2007 the Government adopted a law defining
trafficking in persons, among other crimes, and stipulating sanctions
for the authors of such crimes, particularly when committed against
children. The Ministry of Justice is responsible for enforcement of
such laws, but NGOs reported that the laws were not effectively
enforced.
During the year there were no reports of arrests specifically for
trafficking. However, the absence of a centralized database of legal
cases and a law specifically defining trafficking activities or
sanctions before December 2007 impeded prosecution and recordkeeping. A
centralized database was established in September under the authority
of the Secretary of State for internal security; it is now operational,
but currently lacks the required legal standing for use in court, and
is generally limited to cases in Antananarivo.
Police cooperated with neighboring countries and Interpol in the
investigation and prosecution of trafficking cases. The Government did
not extradite persons charged with trafficking in other countries, nor
did it permit extradition of Malagasy nationals. Whether because of
corruption, pressure from the local community, or fear of an
international incident, local police and magistrates in tourist areas
often hesitated to prosecute foreign pedophiles.
The Government continued to address child labor and trafficking
through educational and birth registration campaigns. Child workers
taken into the country's three welcome centers were either given
vocational training or placed back in school. The Ministry of Health
worked with UNICEF to establish new multisector child protection
networks throughout the country to handle individual cases of child
exploitation, including trafficking.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities, broadly defines
their rights, and provides for a national commission and regional
subcommissions to promote the rights of persons with disabilities. In
practice, however, these rights were rarely enforced, and the legal
framework for promoting accessibility remains perfunctory. A 2005 study
conducted by Handicap International found that persons with
disabilities seldom had access to health care, education, employment,
or accommodation for communication or other basic services, and women
and girls with disabilities were often victims of physical violence.
The Ministry of Health is responsible for protecting the rights of
persons with disabilities. President Ravalomanana signed the
International Convention on the Rights of the Disabled in September
2007 but no implementing legislation had been passed by year's end.
Isolated projects at the community level had some success. A public
market in the city of Majunga gained special handicapped access, a
health and transportation benefits program with identity cards was
developed in the city of Fianarantsoa, and persons with disabilities
have been successfully integrated into public schools in some areas
where they had previously had no access. However, reports continue that
mainstream schools often reject students with disabilities on the basis
of inadequate facilities.
National/Racial/Ethnic Minorities.--None of the 18 Malagasy tribes
constituted a majority. There were also minorities of Indo-Pakistani,
Comoran, and Chinese heritage. Ethnicity, caste, and regional
solidarity often were factors in hiring and were exploited in election
campaigns. A long history of military conquest and political dominance
by highland ethnic groups of Asian origin, particularly the Merina,
over coastal groups of African ancestry has contributed to tension
between citizens of highland and coastal descent.
Other Societal Abuses and Discrimination.--The law does not
prohibit discrimination against homosexuals, and there was general
societal discrimination against them.
Although the national HIV/AIDS rate was low at approximately 1
percent, there was stigma and occasional discrimination attached to
having HIV/AIDS. In July 2007 the Government adopted a new law
protecting HIV/AIDS patients' rights to free and quality health care
and specifying sanctions against persons who discriminate or
marginalize people with the disease. The law was enforced by the
ministries of health and justice and the National Committee for the
Fight Against AIDS in Madagascar.
Section 6. Worker Rights
a. The Right of Association.--The law provides that public and
private sector workers may establish and join labor unions of their
choice without prior authorization or excessive requirements. However,
those classified as essential workers, including police, military, and
firefighters may not form unions. Ministry of Civil Services and Labor
statistics from 2007 indicated that 14 percent of workers in EPZ
companies and 10 percent of all workers were unionized. The Government
had no reliable statistics on the number of public employees
participating in unions, but it was generally believed that few public
employees were union members, despite the existence of several public
employees' unions.
The law provides most workers with the right to strike, including
in EPZs, and workers exercised this right; however, workers must first
exhaust the conciliation, mediation, and arbitration procedures. Civil
servants and maritime workers have their own labor code; workers in
other essential services, such as magistrates, have a recognized but
more restricted right to strike.
b. The Right to Organize and Bargain Collectively.--The law
provides for unions to conduct their activities without interference,
and the Government generally respected this right. The law also
provides workers in the private sector the right to bargain
collectively; however, civil servants were not covered under such
agreements.
The law prohibits antiunion discrimination by employers; however,
the Ministry of Civil Services and Labor indicated that some employees
did not join unions due to fear of reprisal. In the event of antiunion
activity, unions or their members may file suit against the employer in
civil court.
Following the passage of a new Export Processing Zone (EPZ) law in
January, labor laws in the EPZ vary somewhat from the country's
standard labor code. EPZ labor contracts can now differ in terms of
contract duration, restrictions on the employment of women during night
shifts, and the amount of overtime permitted.
c. Prohibition of Forced or Compulsory Labor.--The labor code
prohibits forced or compulsory labor, including by children, but at
times the Government did not respect this prohibition, specifically
with respect to prison labor. While prisoners and pretrial detainees
can no longer be forcibly hired out to government officials for private
use, unless the prisoner agrees to the terms of employment and monetary
compensation stipulated in the labor code, they can still be hired out
for public use by government offices. Except for those condemned to
forced labor, they are entitled to receive a salary.
Forced labor by children occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws to protect children from exploitation in the workplace
and prohibit forced or compulsory labor, but the Government sometimes
encountered trouble enforcing these laws, due to inadequate resources
and insufficient personnel. Child labor was a widespread problem.
The minimum age for employment was 15 years of age, consistent with
educational requirements. The law allows children to work a maximum of
eight hours per day and 40 hours per week with no overtime. The law
prohibits persons under the age of 18 from working at night and at
sites where there is an imminent danger to health, safety, or morals.
Employers must observe a mandatory 12-hour rest period between shifts.
Occupational health and safety restrictions include parental
authorization and a medical visit before hiring.
The International Labor Organization's (ILO) National Survey on
Child Labor in Madagascar from 2007 indicated that approximately 28
percent of the child population between the ages of five and 17 (1.8
million children) were working on a full- or part-time basis, with
around 438,000 children involved in dangerous work. Children in rural
areas worked mostly in agriculture, fishing, and livestock, while those
in urban areas worked in occupations such as domestic labor, transport
of goods by rickshaw, petty trading, prostitution, stone quarrying,
working in bars, and begging. Children also were engaged in salt
production, deep sea diving, and the shrimp industry. The Ministry of
Civil Services and Labor estimated that more than 19,000 children were
working in the mining towns of Ilakaka in the south, mostly in the
informal sector, helping their families mine for gemstones or working
as domestics and prostitutes. Children were trafficked internally for
the purposes of forced labor and sexual exploitation.
The Ministry of Civil Services and Labor is responsible for
enforcing child labor laws and policies in the formal sector and
conducted general workplace inspections during the year in response to
a range of complaints. The ministry had only 68 inspectors to carry out
its responsibilities, making it difficult to monitor and enforce child
labor provisions effectively. Enforcement in the much larger informal
sector remained a serious problem.
The reduction of child labor is one of the Government's main goals
in the comprehensive five-year Madagascar Action Plan guiding the
country's development. In July 2007 the Government adopted a decree
regulating the working conditions of children, defining the worst forms
of child labor, identifying penalties for employers, and establishing
the institutional framework for its implementation. NGOs reported
improved awareness of the issue as a result; however, this has not been
matched with more effective pursuit of labor law violators.
The Ministry of Civil Services and Labor continued implementing its
15-year national plan to combat the worst forms of child labor,
including prostitution. In addition to the existing Regional Committee
to Combat Child Labor (CRLTE) in the north, two additional CRLTE were
established in 2007 in the southwest and on the east coast.
In May 2007 as part of the ongoing ``red card campaign'' to raise
awareness about the fight against child labor, the Government worked
with the Malagasy Soccer Federation (FMF) to conduct awareness
campaigns around the country; this campaign continued during the year
with ongoing support from the FMF and ILO-IPEC.
The Government's welcome centers in Antananarivo, Tamatave, and
Tulear continued to receive victims of trafficking and forced labor.
e. Acceptable Conditions of Work.--The Ministry of Civil Services
and Labor was responsible for enforcing the working conditions and
minimum wages prescribed in the labor code, but it sometimes
encountered trouble enforcing these laws due to inadequate resources
and insufficient personnel.
The monthly minimum wage was 70,025 ariary (approximately $42) for
nonagricultural workers and 71,000 ariary ($43) for agricultural
workers. This did not provide a decent standard of living for a worker
and family, particularly in urban areas. Although most employees knew
what the legal minimum wages were, those rates were not always paid.
High unemployment and widespread poverty led workers to accept lower
wages.
The standard workweek was 40 hours in nonagricultural and service
industries and 42.5 hours in the agricultural sector. Legislation
limited workers to 20 hours of overtime per week, but employees often
were required to work until production targets were met. In some cases
this overtime was unrecorded and unpaid.
The Government sets occupational health and safety standards for
workers and workplaces. CNAPS, the country's social security agency,
conducted inspections and published reports on workplace conditions,
occupational health hazards, and workplace accident trends. The
Ministry of Civil Services and Labor's 68 labor inspectors were
sufficient to cover only workers in the capital effectively. Workers
have an explicit right to leave a dangerous workplace without
jeopardizing their employment as long as they inform their supervisor.
However, this right was not always respected in practice.
__________
MALAWI
Malawi is a multiparty democracy with a population of approximately
13 million. In 2004 citizens elected Bingu wa Mutharika of the United
Democratic Front (UDF) as president; in 2005 Mutharika resigned from
the UDF to form the ruling Democratic Progressive Party (DPP).
Constitutional power is shared between the president and the 193
National Assembly members. International observers noted substantial
shortcomings in the elections, including inequitable access to the
state-owned media, the ruling party's use of state resources to
campaign, and poor planning and administration by the Malawi Electoral
Commission (MEC). While civilian authorities generally maintained
effective control of the security forces, there were some instances in
which elements of the security forces acted independently of government
authority.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Unlawful killing
by security forces and police use of excessive force including torture
occurred, but the Government took steps to prosecute and punish some
abusers. Occasional mob violence and harsh and life-threatening prison
conditions continued. Arbitrary arrest and detention, including
politically motivated arrests, lengthy pretrial detention, societal
violence against women, and corruption were problems. The Government
restricted freedom of assembly and, at times, limited freedom of speech
and the press. Government efforts to combat trafficking in persons and
child labor continued, but problems remained.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically-motivated killings; however,
security forces killed persons during the year. Perpetrators were
occasionally punished, but investigations often were abandoned or
inconclusive.
On August 12, police officers from a rapid response unit shot and
killed Yusuf Abdullah while he was driving a truck filled with illegal
charcoal in the Mchesi area of Lilongwe. Abdullah's vehicle then
crashed into a minibus, killing two additional persons and injuring six
others. The Malawi Police Service initially stated that the accident
occurred because the vehicle developed mechanical problems while going
too fast; however, an autopsy found multiple bullets in Abdullah's body
and confirmed that the body had been tampered with to conceal evidence.
The Nation newspaper published photos of the body. On August 14, the
police arrested four officers-Jonathan Mlotha, Nichola Saidi, Joshua
Chewuka, and James Mhonjo-and charged them with murder. The officers
were denied bail and were awaiting trial at year's end.
On September 18, a land dispute between two families in the Mbayani
area of Blantyre resulted in a clash between police and residents.
While trying to control the crowd, many of whom were armed with stones
and knives, police reportedly fired tear gas and rubber bullets. In the
confrontation an officer shot and killed a 13-year-old boy. Police had
not identified the responsible officer by year's end.
There were no developments in the following 2007 cases: the January
police killings of Robert Phiri and Thomas Chizenga; the June killing
of six persons in a vehicular accident by Henry Msinkhu, a Blantyre
police officer; the October death of Grant Chilimba while in police
custody; the December killing of Wilson Master by MacNever, a guard for
government-owned company Admarc; and, the December killing of Dinnis
Mashalubu by another Admarc guard Chamasowa.
Mobs sometimes resorted to vigilante abuse, and beat, stoned, or
burned suspected criminals to death.
On January 22, a mob in Ndirande Township, Blantyre, beat Chimwemwe
Kanyoza to death for the suspected theft of water pumps. On February
10, a mob in Thyolo beat Laston Seunda to death for suspected
involvement in the disappearance of a five-year-old girl. On June 3, a
mob in Chiradzulu used knives to hack Harold Yobe to death after he was
caught stealing cattle. Investigations were ongoing, but no arrests had
been made in these cases by year's end.
No further information was available in the following 2007 mob
killings: the April killings by six suspects of a man in Karonga; the
April mob killing of a man in Chiradzulu; and, the September stoning to
death of an herbalist in Dowa.
b. Disappearance.--There were no reports of politically motivated
disappearances.
There were no developments in the February 2007 disappearances of
Christopher Chimbalanga and Hassan Twaliki from a Lilongwe police
station.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
police used excessive force, including torture and other unlawful
techniques, in handling criminal suspects. While senior officials
publicly condemned prisoner mistreatment, their subordinates continued
to employ unacceptable techniques. Inspector General of Police Oliver
Kumbambe publicly condemned police officers engaged in human rights
abuses and promised the police would not shield them. The Malawi Human
Rights Commission (MHRC) and local nongovernmental organizations (NGOs)
condemned police for human rights violations several times throughout
the year.
There were several instances of security forces abuse. On March 10,
The Nation photographed an unknown woman who was left outside the
Chilinde Police Station in Lilongwe. Witnesses said she was held by the
neck and squeezed against bars on the window by a police officer until
she was unconscious. The woman was trying to watch police transport two
corpses.
Aubrey Kasten claimed three police officers from Kabula Police
Station in Blantyre beat him on August 22 until he was unconscious.
Kasten said the officers first asked him to pay a bribe and when he
refused, they forced him to join a roving night patrol. When Kasten
asked to be released, he was beaten. Police told the media they would
investigate but no further information was available.
On November 10, Mzuzu First Grade Magistrate's Court sentenced
former police officer Leonard Chitimbe to 24 months in prison for
assaulting four suspects on the night of July 20. The suspects has been
accused of stealing a digital camera and claimed that Chitembe beat
them with his hands, a cane, and a machete in an attempt to gain a
confession.
Security forces engaged in rape and sexual abuse.
For example, on August 23, a police officer in Lilongwe, Enock
Chawanda, was arrested for sodomizing a suspect; the suspect reported
the sodomy to medical personnel and a medical examination confirmed the
act. Chawanda was awaiting trial at year's end.
There were no developments in the following 2007 cases of police
abuse: the January use of excessive force by police to disperse
demonstrators at Lengwe National Park, and the September machete
hacking by two policemen on the back of a man's head.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening; overcrowding, inadequate nutrition,
substandard sanitation, and poor health facilities remained serious
problems. In 2007 chief commissioner for Malawi prison services
MacDonald Chawona publicly acknowledged that conditions in the prisons
were appalling and attributed most of the problems to inadequate
funding. In March the MHRC released a report noting violation of HIV-
positive prisoners' rights due to shortage of medicine, inadequate
space, poor medical facilities, poor nutrition, and a lack of emergency
transport.
The prison system, which was meant to accommodate approximately
5,000 inmates, routinely held at least double that number. According to
the prison commissioner, there were more than 11,000 inmates in the
prison system at year's end. Staffing in prisons was inadequate, and
more than 60 percent of positions were unfilled. Budget allocations for
the prison system were less than 20 percent of the stated need, and the
warden to inmate ratio was one to 17 rather than the recommended one to
five.
Inmates were encouraged to grow vegetables and raise livestock and
often did so; however, they complained that they did not receive enough
food. On September 15, a Department of Prisons spokesperson Tobias Nowa
commented that prisoners at Maula Prison in Lilongwe and Chichiri
Prison in Blantyre only ate one meal a day due to a shortage of maize
in the prison system. In an attempt to remedy the food shortage, the
prison system began planting vegetables but still expected to only meet
about half the nutritional need of the prisoners. Community service
programs were available as alternatives to prison terms for first-time
offenders convicted of less serious crimes and who had permanent
addresses.
Numerous inmates died in prison each month, largely due to HIV/
AIDS, diarrhea, pneumonia, tuberculosis, and inadequate diet. During
the year there were 101 reported deaths in the prison system, including
52 attributed to HIV/AIDS, 21 to tuberculosis, 20 to pneumonia, two to
malaria, and six to diarrhea. In 2007 the Department of Prisons
spokesperson admitted that funding for medicine for HIV/AIDS affected
prisoners was inadequate.
Unlike in the previous year, there were no reports of prison riots.
Although women were not kept in separate facilities, the more than
200 female prisoners were segregated within the prison compound and
monitored by female guards. Juveniles were no longer incarcerated with
adults. There are three juvenile detention centers (Bvumbwe, Lilongwe,
and Byandzi) and two prisons with juvenile wings (Zomba and North
Mzimba).
In March Blantyre Child Justice Court magistrate Esme Tembenu
stated there were 447 children in Malawi's prisons contrary to the
Children and Young Persons Act which bars the arrest and conviction of
children. Tembenu was leading a program to remove children from prisons
and put them into reformatory centers.
On November 10, Thyolo police officers Richard Chitseko and Cosman
arrested and questioned six children between the ages of four and 11 on
suspicion of stealing 6500 MWK (approximately $45). The children
claimed the officers handcuffed and beat them. One eight-year-old boy
was tied to an Acacia tree and left overnight. All were released after
payment of bail, but several NGOs and the MHRC pressed for an
investigation which was still pending at year's end.
The law requires pretrial detainees to be held separately from
convicted prisoners; however, the number of pretrial detainees swelled
to over 2,800 and many prisons did not comply due to inadequate
facilities.
During the year the Government permitted domestic and international
NGOs and the media to visit and monitor prison conditions and to donate
basic supplies. The International Committee of the Red Cross (ICRC) did
not visit any of the prisons during the year.
In April the special rapporteur for prisons and conditions of
detention in Africa, Mumba Malila, from the African Commission on Human
and People's Rights, visited the country. He described the Zomba Prison
as a serious danger to inmates and criticized the congestion there.
Malila noted the prison was over 100 years old and in decay yet housed
more than twice the designated capacity.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, the Government did
not always observe these prohibitions in practice.
Role of the Police and Security Apparatus.--The National Police,
controlled by the Ministry of Home Affairs and Internal Security, has
responsibility for law enforcement and maintenance of order. Police
occasionally called on the army for support.
The police force was inefficient and poorly trained due to
inadequate funding. Corruption was widespread, and impunity was a
problem. Police continued efforts to improve investigative skills,
including training on internal affairs investigations, and to introduce
the concept of victims' rights through workshops and other training
exercises, particularly in the areas of sexual abuse, domestic
violence, and trafficking in persons. The police continued to receive
foreign assistance to train officials and procure equipment.
Arrest and Detention.--The law provides the accused the right to
challenge the legality of detention, to have access to legal counsel,
and to be released on bail or informed of charges by a court within 48
hours; however, these rights were seldom respected in practice. Most
suspects were apprehended without a warrant if a police officer had
probable cause. Arrest warrants were usually issued in cases involving
corruption or white-collar crime and were issued by a duly authorized
official based on presented evidence. The use of temporary remand
warrants to circumvent the 48-hour rule was widespread. The Government
provided legal services to indigent detainees; however, access was
often delayed since there were only 11 lawyers and seven paralegals
working as public defenders. Detainees were allowed access to
relatives. Bail frequently was granted to reduce prison overcrowding
rather than on the merits of an individual case. During the year the
MHRC received three complaints of arbitrary detention related to
overstay of remand, denial of bail, and unheard appeals.
Arbitrary arrests remained a problem. Police arrested relatives of
suspects when a suspect could not be found to draw the wanted
individual out of hiding.
Security forces arrested a number of opposition politicians,
primarily from the UDF, on a range of charges. Arrests of opposition
politicians were greater than in the previous year. While government
actions generally were legal in the strictest sense, courts dismissed
or suspended many of these cases.
Beginning May 14, police arrested nine persons, most with close
ties to the UDF, on charges of treason. Among the suspects were UDF
Secretary General Kennedy Makwangwala, UDF Southern Region governor
John Chikakwiya, Brigadier General Marcel Chirwa, Brigadier General
Jack Mtende, Brigadier General Cosgrove Mituka, former commissioner of
police Matthews Masoapyola, retired army commander Joseph Chimbayo, and
retired police inspector-general Joseph Aironi. On May 20, all of the
suspects were released on bail due to a lack of evidence. However, the
cases had yet to be dismissed at year's end.
On May 25, police arrested former president Bakili Muluzi for
treason and placed him under house arrest in Blantyre. On May 30, he
was granted bail due to lack of evidence. In September the High Court
removed Muluzi's bail conditions because the Government had failed to
begin prosecution within three months of his arrest. However, the case
was not dismissed.
The 2006 detention of Vice President Chilumpa for allegedly
plotting to assassinate President Mutharika continued. Chilumpa was
charged with treason and held under relaxed house arrest in Blantyre,
allowing him to travel within the country (provided he informed
authorities) and abroad (with High Court permission). On May 30, the
Supreme Court agreed that a Constitutional Court should decide whether
the Government has to give Chilumpa's lawyers photographs of the
alleged assassins. At year's end no trial date had been set.
Twenty five percent of the prison population was pretrial
detainees. Pretrial homicide suspects were typically held in detention
for two to three years, although at Maula Prison alone, 15 suspects had
been in jail for over seven years awaiting trial. The most extreme case
was that of John Chima, who has been in Zomba Prison awaiting trial for
murder for 17 years.
The Center for Legal Assistance, an NGO that assists prisoners with
legal matters, continued to provide free legal assistance to expedite
the trials of detainees, with priority given to the sick and young and
those subjected to long trial delays.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
this provision. However, the judicial system was inefficient and
handicapped by serious weaknesses, including poor record keeping, a
shortage of attorneys and other trained personnel, heavy caseloads, and
lack of resources.
The law provides for a High Court, a Supreme Court of Appeal, and
subordinate magistrate courts. A Constitutional Court (a panel
consisting of three high court judges with jurisdiction over
constitutional matters) also existed. The chief justice is appointed by
the president and confirmed by the National Assembly. The president
appoints other justices, following recommendations by the Judicial
Service Commission. All justices are appointed to serve until the age
of 65 and may be removed only for incompetence or misbehavior, as
determined by the president and a majority of the National Assembly.
The military has a court martial but no military or security tribunals.
Trial Procedures.--By law defendants have the right to a public
trial but not to a trial by jury. In August the Ministry of Justice
approved a new system for murder cases that eliminated jury trials to
expedite cases and cut costs. Public and press reaction was noncritical
since murder suspects sometimes remained incarcerated for years
awaiting trial by jury before the change. Defendants have the right to
be present, are entitled to an attorney, and if indigent, have an
attorney provided at state expense. Defendants have the right to
present and challenge evidence and witnesses, the right of appeal, and
the presumption of innocence. The law extends the above rights to all
persons.
The judiciary's budgetary and administrative problems effectively
denied expeditious trials for most defendants but improvements were
made due to increased staffing. The Department of Public Prosecutions
had 13 prosecuting attorneys, a decrease of 16 from 2007 levels, and 11
paralegals, an increase of two. The paralegals served as lay
prosecutors and prosecuted minor cases in the magistrate courts.
Retention of government attorneys was a problem.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, and citizens have access to a
court to bring lawsuits seeking damages for, or cessation of, human
rights violations. The law provides for administrative remedies as well
as judicial remedies for alleged wrongs; however, a paucity of
resources and legal professionals restricted the number of cases
pursued and resulted in a large backlog. During the year the MHRC
received 149 complaints of limited access to justice and 27 complaints
of unfair administrative justice. There were no reported problems
enforcing 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.--The law provides for freedom of
speech and of the press; however, at times the Government attempted to
limit these rights. Journalists practiced self-censorship, especially
at government-owned media outlets such as the Malawi Broadcast
Corporation (MBC) and Television Malawi (TVM).
Private individuals were generally free to criticize the Government
without fear of reprisal. However, after the May arrest of nine members
of the opposition for treason, several prominent NGO leaders and clergy
stated that police and other government officials threatened them with
arrest unless they stopped commenting on governance issues.
The independent media were active and expressed a wide variety of
views; however, the Government imposed some restrictions during the
year. A broad spectrum of political opinion was available in the
country's newspapers. There were 11 independent newspapers available,
including two dailies, one tri-weekly, seven weeklies, and one monthly.
There were 19 private radio stations with limited coverage and
which broadcast only in urban areas. MBC dominated the radio market
with its two stations, transmitting in major population centers. State-
owned TVM was the sole television broadcaster. News coverage and
editorial content of MBC and TVM clearly favored the president and his
party; coverage of other political parties was more critical, and they
received less airtime.
On February 6, police arrested Daily Times editor James Mphande and
charged him with publishing a false story likely to cause public fear
and alarm, under Section 60 (1) of the penal code. The arrest came four
days after police arrested Mike Chipalasa on the same charge. Chipalasa
wrote a story claiming Malawi Congress Party leader John Tembo accused
the Government of preparing to rig May 2009 elections by hiring vote-
rigging experts at a political rally; Tembo subsequently claimed he was
misquoted and demanded an apology. Mphande and Chipalasa stood by their
story and were released on bail.
On March 12, police arrested Wanangwa Tembo, a Daily Times
journalist, for taking pictures of an Anticorruption Bureau (ACB)
official arresting a police officer suspected of taking a bribe from a
suspect. Tembo said he was handcuffed, hit three times by an officer as
he was put into a patrol car, and then forced to delete the photos from
his camera while at the police station. Tembo was released a few hours
later.
In August the Government banned live broadcasts of parliament
citing the inappropriate language used by members. The Media Institute
of Southern Africa called the ban an infringement on freedom of the
media and a violation of the public's right to access information.
The Communications Act provides for the president to appoint board
directors and chief executives for the Malawi Communications Regulatory
Authority (MACRA), MBC, and TVM.
Government funding for public broadcasters continued to be blocked
by opposition legislators as a punitive measure for the biased
progovernment reporting of TVM and MBC. In August, after the Electoral
Commission and Media Council cited TVM and MBC programs as likely to
incite violence, the broadcasters briefly stopped airing the programs
in question. However, in October the stations began broadcasting toned-
down versions of the controversial programs.
In November MACRA removed Joy Radio, owned in part by former
president Bakili Muluzi, from the air, citing ownership by a politician
as a violation of the Communications Act. A Supreme Court ruling
returned Joy Radio to the air on December 16, pending a judicial review
of the case. MACRA continued to hold broadcasting equipment for Joy
Television, also owned by former president Muluzi, preventing the
station from broadcasting.
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.
Less than 15 percent of the population had access to the Internet, via
a few Internet cafes and offices in the major cities; few individuals
could afford Internet access in their homes.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the Government limited this right. Security forces at times
interfered with opposition party political functions or used violence
to disperse crowds. Police were routinely criticized for failing to act
impartially with regard to political demonstrations.
Police use of excessive force to disperse demonstrators resulted in
several injuries.
On May 25, police arrested former president Bakili Muluzi for
treason upon his return from the United Kingdom. Muluzi was expected to
address supporters in Lilongwe the same day, but police fired guns to
disperse the crowd at the rally location, injuring three persons.
Police stopped supporters from going to Muluzi's residence in Limbe
multiple times during the next week. On May 31, police again stopped a
Muluzi rally in the Biwi area of Lilongwe, firing teargas into the
crowd to disburse supporters. Police also stopped a June 1 New
Republican Party rally in the Ndirande area of Blantyre where Muluzi
was expected to speak. In late August police stopped several Muluzi
``whistle-stop'' tours in Lilongwe and warned that they would arrest
anyone who attended the roadside rallies. Police said the rallies led
to traffic jams and blocked roads. On September 3, police relented,
saying the rallies could be held as long as they were a safe distance
away from the road.
On August 4, police stopped civil society marches in Lilongwe,
Mzuzu, and Blantyre. Several civil society groups, including the Human
Rights Consultative Committee and the Civil and Political Space
Network, organized the demonstrations to urge legislators to put public
interest ahead of political self interest. Organizers stated they had
originally been given permission for the demonstrations, but were later
told they could not hold the marches. Police cited the political
environment was not conducive to marches or rallies as the reason for
their actions.
No action was taken against police responsible for the use of
excessive force to disperse demonstrators in 2006 and 2007.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right. The Government required all organizations, including political
parties, to register with the Ministry of Justice, and registration was
routinely granted.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right.
A 2007 Supreme Court ruling declared that religious freedom is a right
that cannot be restricted. Churches continued to exert significant
political influence, particularly in rural areas.
There are no separate requirements for the recognition of religious
groups, but they must register with the Government. Foreign Christian
missionaries experienced occasional delays in renewing employment
permits; however, this appeared to be the result of bureaucratic
inefficiency rather than policy.
Societal Abuses and Discrimination.--There were no reports of anti-
Semitic acts. The Jewish community was very small.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The law prohibits the use of forced exile, and the Government did
not use it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees or its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government granted refugee status or
asylum; however, there were long delays in the process. By law the
Government does not accept refugees for permanent settlement. The
Government generally cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) in assisting refugees and asylum
seekers, but restricted refugees' ability to move freely and work
outside of refugee camps.
The Government provided temporary protection to individuals who may
not qualify as refugees under the 1951 convention or the 1967 protocol
and provided it to approximately 3,906 persons during the year.
While no legal framework existed, the Government allowed refugees
to seek both employment and educational opportunities, although it
restricted these activities outside the refugee camps. Refugees with
professional degrees, especially those with medical training, were
given work permits to pursue employment outside the camps. The UNHCR,
NGOs, and the Government collaborated to provide education to children
in refugee camps.
Security forces intimidated refugee and asylum seekers. On February
29, police entered the Dzaleka refugee camp in Dowa without informing
camp authorities and smashed the store of a Somali man suspected of
assisting in the smuggling of refugees to South Africa. Police also
routinely performed sweeps of refugees found illegally outside of the
camp and returned them to camps.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic and free, although not always fair, elections
held on the basis of universal adult suffrage.
Elections and Political Participation.--International election
observers found the 2004 presidential and parliamentary elections to
have substantial shortcomings, including inequitable access to the
state-owned media and poor planning by the MEC. The ruling party
frequently monopolized resources and used public funds for campaign
purposes. Voter turnout was low compared with the two previous
presidential elections. With approximately 36 percent of the popular
vote, President Mutharika, chosen by former president Muluzi as the UDF
candidate, was elected to serve a five-year term. Election
discrepancies prevented parliamentary candidates from taking seats in
eight constituencies. By-elections for these vacancies took place in
2005. Observers declared them free and fair and better organized than
the national elections. The president and vice president can run for
parliamentary seats but are constitutionally barred from simultaneously
holding more than one public office.
The executive branch exerted considerable influence over the
unicameral National Assembly, which followed a hybrid parliamentary
system loosely based on the British model but which operated in the
context of a presidential-parliamentary model; all cabinet ministers
are currently also members of the National Assembly but are not
required to be.
Although the Government did not prevent the activities of
opposition political parties, the parties alleged that the Government
used bribery, other inducements, and violence to encourage opposition
party divisions. During the year the Government detained numerous
opposition leaders (See Section 1.d.). Sporadic minor violence was
common between supporters of rival political parties.
On April 28, President Mutharika opened the National Assembly for
the first time since dismissing it last September to prevent the
speaker of the National Assembly from enforcing Section 65 of the
constitution, which requires members of parliament who change political
parties after being elected to vacate their seats. At least 40 members
of the ruling (but minority) DPP would have been affected by
enforcement of the law. Opposition pressure to implement section 65
continued, forcing a second sitting of parliament which finally passed
the national budget on August 28.
In May while the opposition parties boycotted, the National
Assembly approved the president's appointees to the positions of chief
justice of the Supreme Court of Appeal and auditor general. The
opposition maintained the appointments occurred without a quorum.
In May 2005 President Mutharika dissolved district and municipal
assemblies in anticipation of constitutionally-mandated local
government elections that were scheduled for that same month; however,
the Government failed to hold elections, citing a budgetary shortfall
related to the food crisis. Civil society and the donor community
criticized the Government for delaying the staging of these elections,
which were postponed until 2010.
There were 25 women in the 193-seat National Assembly and six women
in the 42-member cabinet. Women comprised approximately 25 percent of
the civil service. There were three female justices among the 22
supreme and high court justices.
There were three members of minorities in the National Assembly.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials sometimes engaged in
corrupt practices with impunity. The World Bank's Worldwide Governance
Indicators reflected that corruption was a serious problem and noted a
slight decline in the control of corruption from the previous year. The
public also perceived corruption as a problem, although some informed
observers, including leaders in the business and banking community,
claimed a significant reduction in corruption under the current
government. A financial disclosure law existed but only applied to
members of parliament and was voluntary.
In November 2007 Alexius Nampota was named as the new director of
the ACB, ending a period of over a year where the ACB lacked a
permanent head. A commission of inquiry found that the ACB's former
acting director Tumalisye Ndovi drew two salaries while serving in the
position. The president reprimanded Ndovi, but reappointed him as a
police commissioner where he served until his death in June.
The ACB continued to launch investigations, but indictments of
former high-level government officials remained slow. Many of the cases
were tied up in the courts due to legal challenges on investigation
procedures. Surveys indicated that while a majority of citizens had
been exposed to government anticorruption messages, only 15 percent
knew how to report corruption to the ACB. Additionally, the ACB said
both complaints and investigations had declined since 2004-2005 when
President Mutharika began his anticorruption campaign; the ACB
completed 52 corruption convictions since 2004.
In April the High Court convicted Sam Mpasu, a former cabinet
minister and National Assembly speaker, of abuse of office in the high-
profile Fieldyork notebook case. The court sentenced Mpasu to six
years' imprisonment, and he remained in prison pending his appeal.
The ACB continued prosecuting the October 2007 case of Kandi
Padambo, the former head of the Electricity Supply Commission of
Malawi, charged with steering contracts towards a business associate.
Padambo, who denied all charges before he was granted bail, was also
accused of misusing his public office and failing to disclose his
interests while chairing an internal procurement committee. On December
22, a magistrate's court acquitted Padambo, but the ACB stated it would
appeal the ruling.
There was no progress in the case of Minister of Information
Patricia Kaliati, who was accused of accepting vehicles from a foreign
company in return for a concession at a national park; her ministry
previously included the Department of Tourism.
There was little progress during the year in the corruption case
against former president Muluzi due to legal injunctions and delays in
scheduling appeals. On September 15, the Supreme Court of Appeal
dismissed an application by the ACB to vacate a stay order Muluzi
obtained. The order restrains the ACB from questioning Muluzi about the
1.4 billion MWK (approximately $10 million) donor funds that it
contends ended up in Muluzi's accounts. A final verdict in the matter
by the Supreme Court was pending at year's end.
The law provides for public access to government information, and
the Government granted access to citizens and noncitizens, including
foreign media.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, training civic
educators, advocating changes to existing laws and cultural practices,
and investigating and publishing their findings on human rights cases.
Government officials often were cooperative and responsive to their
views.
The MHRC, an independent government agency, is charged with
monitoring, auditing, promoting human rights, and conducting
investigations regarding violations of human rights; however, a
shortage of resources resulted in a backlog of cases, delayed
production of reports, and hindered human rights monitoring. The MHRC
reported that it had received 585 complaints of human rights violations
during the year; most were related to labor issues, inadequate access
to the judiciary, violations of children's rights, restrictions on
property rights and economic activity, and rights of prisoners. The
Government cooperated with international governmental organizations and
permitted visits by UN representatives and other organizations.
UN agencies and international NGOs are resident in the country and
have access to investigate human rights abuses. The ICRC delegation for
southern Africa based in Harare, Zimbabwe also covers the country.
The ombudsman was mandated by law to investigate and take legal
action against government officials responsible for human rights
violations and other abuses. However, his freedom of action was
circumscribed by legislation that requires a warrant and a three-day
waiting period to gain access to certain government records. The
activities of the ombudsman were subject to judicial review, but he
enjoyed government cooperation and operated without government or party
interference. The ombudsman lacked adequate resources, having only
eight investigators for the entire country, and some recommendations
were referred to parliament after being ignored or challenged by
government departments and agencies, since the ombudsman does not have
the authority to enforce its determinations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law specifically provides for equal rights for women, forbids
discrimination based on language or culture, race, disability, or
social status and provides for equality and recognition before the law
for every citizen. However, the capacity of government institutions to
ensure equal rights for all citizens was limited.
Women.--The law criminalizes rape with a maximum penalty of life
imprisonment. Spousal rape is not explicitly mentioned but could be
prosecuted under the same rape laws. The Government generally enforced
the law effectively, and convicted rapists routinely received prison
sentences. Data on the prevalence of rape or spousal rape and
conviction figures were unavailable; however, press reports of rape
arrests and convictions were an almost daily occurrence.
On February 1, HIV counselor Charles Namphambo was convicted of
raping a 19-year-old woman under the pretext of conducting an HIV test.
Namphambo was sentenced to four years in prison. In April Lickson
Paison was sentenced to 12 years in prison for raping a 90-year-old
woman. On March 12, Jawadu Magowero was sentenced to nine years in
prison for defiling a three-year-old girl.
The judiciary continued to impose penalties on those convicted of
rape-including up to 14-year prison sentences for child rape-and
assault.
Domestic violence, especially wife beating, was common, although
women seldom discussed the problem openly, and victims rarely sought
legal recourse. Legal experts and human rights workers attributed
victims' reluctance to report their abusers to economic dependence on
the abuser, lack of awareness of their legal rights and fear of
retribution and ostracism. The law provides a maximum penalty of life
imprisonment for domestic violence. The law also recognizes that both
men and women can be perpetrators as well as victims of domestic
violence. Police regularly investigated cases of rape and sexual
assault but did not normally intervene in domestic disputes.
Police victims support units provide shelter to abuse victims and
deal with human rights and gender-based violence, but officers'
capacity to assist and document cases was limited.
Prostitution is legal and prevalent around hotels and bars in urban
and tourist areas; however, the law prohibits living off wages earned
through prostitution, owning a brothel, or forcing another person into
prostitution. Loitering is the main charge under which prostitutes were
arrested, resulting usually in small fines.
Sexual harassment is not specifically prohibited by law, but can be
prosecuted under existing sections of the penal code such as indecent
assault on a female, which carries up to a 14-year prison sentence, or
insulting the modesty of a woman, which is a misdemeanor punishable by
one year in jail. There was no available data on the extent of sexual
harassment or effectiveness of government enforcement.
Under the law women have the right to full and equal protection and
may not be discriminated against on the basis of gender or marital
status, including in the workplace; however, discrimination against
women was pervasive, and women did not have opportunities equal to
those available to men. Women had significantly lower levels of
literacy, education, formal and nontraditional employment
opportunities, and access to resources to increase agricultural
productivity.
Women often had less access to legal and financial assistance, and
widows often were victims of discriminatory and illegal inheritance
practices in which most of an estate was taken by the deceased
husband's family. Women usually were at a disadvantage in marriage,
family, and property rights; however, awareness of women's legal rights
continued to increase, and women began to speak out against abuse and
discrimination. Households headed by women were represented
disproportionately in the lowest quarter of income distribution. Fifty-
two percent of full-time farmers were women; however, they had limited
access to agricultural extension services, training, and credit. Gender
training for agricultural extension workers and the gradual
introduction of rural credit programs for women have increased;
however, few women participated in the limited formal labor market,
where they constituted less than 5 percent of managerial and
administrative staff.
The law provides for a minimum level of child support, widows'
rights, and the right to maternity leave; however, only individuals who
could utilize the formal legal system benefited from these legal
protections. In a few isolated areas, a widow was sometimes forced to
have sex with in-laws as part of a culturally-mandated ``sexual
cleansing'' ritual following the death of her husband. In some cases,
she was ``inherited'' by a brother-in-law or other male relative.
Although there were no laws specifically prohibiting these practices,
the Government and civil society continued efforts to abolish them by
raising awareness concerning the inherent dangers of such behavior,
including the risk of HIV/AIDS transmission.
The Government addressed women's concerns through the Ministry of
Women and Child Development.
Children.--The constitution prohibits treatment of children that is
harmful to their physical or mental development or that may interfere
with their education. Government spending levels have not kept up with
increasing needs.
In 2007 the Government launched the pilot phase of the National
Registration and Identification System, the first step in the creation
of a national identification system to provide for mandatory
registration of births, but the system had not been fully implemented
by year's end. There is no requirement for registration of births;
however, there were no reports of discrimination or denial of services
due to lack of birth registration. Other documents such as health pass
books could alternatively be used to identify children.
The Government provided free primary education for all children,
although education was not compulsory. Families were responsible for
paying book fees and purchasing uniforms. Students from poor families
had access to a public book fund. Girls, especially in rural areas,
have historically been unable to complete even a primary education and
therefore were at a serious disadvantage in finding employment. A 2006
survey showed that boys were 28 percent more likely to attend secondary
school than girls.
Child abuse was a problem. The press reported many cases of sexual
abuse of children, including arrests for rape, incest, sodomy, and
defilement. For example, on April 10, South Lunzu magistrate sentenced
Steven Nkhata to 14 years in prison for raping an 11-year-old girl.
A July report from the Mzuzu police victims support unit indicated
that abduction, child abuse, and child rape cases had risen during the
year. The Church of Central Africa, Presbyterian's paralegal department
also reported an increase in child abuse and defilement cases for the
past year. However, Rumphi police stated in January that the victim
support units were raising awareness and gender-based violence cases
had dropped from five to 10 per week to one to two in their area.
The Government took steps to respond to a 2004 UN Children's Fund
(UNICEF) study that showed a number of girls entered into sexual
relationships with teachers for money, became pregnant, and
subsequently left school. The study also found that many girls left
school because of violent behavior by some teachers. In response the
Government expanded legal protection of students subjected to
exploitation and inappropriate relationships at school. For example, on
July 15, courts sentenced teacher David Chombwe to three years in
prison for defiling a pupil for the previous four years. Chombwe began
raping the girl when she was only nine.
During the year the Teacher's Association of Malawi publicly stated
it would not shield members who committed sexual assault against
pupils. A study by the Safe Schools Program in Machinga said 90 percent
of girls and 47 percent of boys in primary schools experienced some
form of violence including sexual touching by other students, sexual
abuse by teachers, corporal punishment, and verbal and psychological
abuse.
Abusive practices, including the secret initiation of girls into
their future adult roles, were widespread. In a few traditional
communities, girls averaging 12-years-old were forced to have sex with
older men as part of such initiation rites. ``Kupimbira,'' a practice
that allows a poor family to receive a loan or livestock in exchange
for daughters of any age still existed in some areas. The Forum for
African Educationists in Malawi noted a rise in forced marriages in 40
percent of the districts it worked in. The MHRC expressed concern over
reports of parents forcing their daughters into marriages for food.
The law does not specifically prohibit female genital mutilation
(FGM) and it was practiced by a few small ethnic groups. In most cases
FGM was perpetrated on girls between 10 and 15 years of age, less often
on 16-to 20-year-olds. A government/UNICEF awareness campaign against
harmful cultural practices affecting children included the subject.
The widespread belief that children were unlikely to be HIV
positive and that sexual intercourse with virgins can cleanse an
individual of sexually transmitted diseases, including HIV/AIDS,
contributed to the sexual exploitation of minors.
On February 28, the High Court sentenced Peter Chakwamba to 20
years in prison for mutilating the genitals of a 14-year-old boy in
2007.
The Ministry of Women and Child Development undertook various
activities to enhance protection and support of victims. The ministry
trained and paid small stipends to over 800 community child protection
workers who worked nationally to identify victims of child abuse,
under-age labor, and trafficking, and referred cases to district social
welfare offices or the police. In 2005 the ministry announced the
introduction of a child abuse hotline; however, budget and other
limitations prevented its establishment by year's end. The ministry
continued to support the Lilongwe social welfare and rehabilitation
center but did not have centers in the southern or northern regions.
Religious and NGO-supported centers such as Chisomo Children's Club in
Blantyre, and a Salvation Army center in Mchinji augmented government
support.
The trafficking of children for sexual purposes was a problem, and
child prostitution for survival without third party involvement also
occurred.
A few charitable organizations attempted to reduce the number of
child beggars in urban areas; however, the problem of street children
remained serious as the number of orphans whose parents died from HIV/
AIDS increased. Extended family members normally cared for such
children and other orphans.
Trafficking in Persons.--The law does not prohibit trafficking in
persons specifically, and women, children, and men were trafficked to,
from, and within the country. While the extent of human trafficking was
undocumented, the Government made efforts to combat it and used
existing laws to prosecute cases of child trafficking for agricultural
labor exploitation. Although the age of sexual consent is 14, there was
no age specified for the protection of minors from sexual exploitation,
child prostitution, or child pornography.
The country is a source, transit, and destination point for women
and children trafficked for sexual purposes locally and to brothels
abroad, particularly in South Africa. Victims trafficked to South
Africa were typically between 14 and 24 years old, and were recruited
with phony offers of marriage, study, or employment. According to the
International Organization for Migration, sex tourists, primarily from
Germany, the Netherlands, and the United Kingdom, lured children into
sexual relationships while in the country.
Poverty and low educational levels contributed to such
exploitation. Traffickers involved in land border trafficking to South
Africa were typically long-distance truck drivers and local
businesswomen. Children were primarily trafficked internally for
agricultural labor, but also for cattle herding, domestic servitude,
commercial sexual exploitation, and to perform menial tasks for small
businesses.
A 2008 study by the Center for Social Research and Norwegian Church
Aid found that between 500 and 1,500 women and children were trafficked
within the country annually. Approximately 35 percent of those
trafficked were children between the ages of 14 and 18.
The penal code contains several provisions relating to prostitution
and indecency that the Government has used to prosecute traffickers.
During the year the Government prosecuted child traffickers; most of
the cases involved trafficking of children for agricultural labor
exploitation and cattle herding. International trafficking was done on
valid travel documents obtained through unlawful means. It occurred at
both unmonitored crossing points and official points of entry. Some
convicted child traffickers were sentenced to prison or required to pay
fines; however, some who claimed ignorance of the law were merely
warned and released.
Police and the Ministry of Women and Child Development handled
cases brought to their attention and provided services for victims,
including counseling and reintegration assistance. The ministry
repatriated victims to their home villages. Children were resettled
with their families and most offenders were fined.
The Government continued to implement a multiyear strategy to
protect vulnerable children from exploitation, but there was no
reportable progress on the development of a nationwide,
interministerial plan to identify the extent of trafficking and
possible solutions.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The Employment Act prohibits
discrimination for employment; however, there is no comprehensive law
governing discrimination against persons with disabilities. The law
provides for the support of persons with disabilities through greater
access to public places, fair opportunities in employment, and full
participation in all spheres of society; however, extremely limited
resources prevented the Government from protecting these rights in
practice. Reported violations were taken seriously, and the president
publicly declared that students with disabilities should have equal
access to education and other government services. The Government has
not mandated accessibility to buildings and services for persons with
disabilities.
A study by the Federation of Disability Organizations in Malawi
found that 35 percent of children with disabilities had never attended
school. The organization cited poor physical access to schools, lack of
special needs teachers, and negative attitudes of parents and fellow
pupils as causes. The 2007-08 budget for special needs education was
cut by about 60 percent from 2006 levels.
The Ministry of Persons with Disabilities and the Elderly is
responsible for protecting the rights of persons with disabilities.
There were both public and privately supported schools and training
centers that assisted persons with disabilities. There also were
several self-supporting businesses run by and for persons with
disabilities. The Malawi Rural Development Fund provided loans to
persons with disabilities to support these activities.
Other Societal Abuses and Discrimination.--Societal violence and
discrimination based on sexual orientation occurred. A 2008 study by
the Center for the Development of People found that approximately 34
percent of homosexual men in the country had been blackmailed or denied
services such as housing or healthcare due to their sexual orientation.
Additionally, 8 percent surveyed said they had been beaten by police or
other security forces due to their sexual orientation.
Homosexuality is illegal, although there were no prosecutions for
homosexuality during the year.
Societal discrimination against persons living with HIV/AIDS was
widespread and inhibited access to treatment; many individuals
preferred to keep silent about their health rather than seek help and
risk being ostracized, but campaigns by the Government and NGOs to
combat the stigma were having some success. The National AIDS
Commission stated that discrimination was a problem in both the public
and private sector.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers, except for
army personnel and the police, to form and join trade unions of their
choice without previous authorization or excessive requirements, and
workers exercised this right in practice; however, union membership was
low due to the small percentage of the workforce in the formal sector,
the lack of awareness of worker rights, and resistance on the part of
many employees to joining unions. Union leaders estimated that 12
percent of the formal sector workforce belonged to unions; however,
accurate statistics were not available. Employers, labor unions, and
the Government lacked sufficient knowledge of their legitimate roles in
labor relations and disputes, which limited their effectiveness in
implementation and enforcement of the law. The law provides for unions
to conduct their activities without government interference.
Unions must register with the Registrar of Trade Unions and
Employers' Organizations in the Ministry of Labor, and registration was
routinely granted.
The law allows members of a registered union to strike or go
through a formal mediation process overseen by the Ministry of Labor,
and workers exercised this right. A strike can only occur after all
settlement procedures established in a collective agreement (an
understanding, not necessarily signed, reached by both parties to
attempt mediation) and conciliation efforts have failed. Laws do not
specifically prohibit retaliation against strikers. There was no
prohibition on actions against unions that were not registered legally.
Members of a registered union in ``essential services'' have a limited
right to strike. Essential services were specified as services whose
interruption would endanger the life, health, or personal safety of the
whole or part of the population, as determined by the Industrial
Relations Court (IRC).
Arbitration rulings were legally enforceable; however, in practice,
due to the lack of funding and heavy case backlog, the IRC could not
monitor cases or adequately enforce the laws.
b. The Right to Organize and Bargain Collectively.--Unions have the
right to organize and bargain collectively, and the Government
protected this right. The law requires that at least 20 percent of
employees (excluding senior managerial staff) belong to a union before
such a union can engage in collective bargaining at the enterprise
level, and at least 15 percent union membership for collective
bargaining at the sector level. The law provides for the establishment
of industrial councils in the absence of collective agreements for
sector-level bargaining. Industrial council functions included wage
negotiation, dispute resolution, and industry-specific labor policy
development. The law was not effectively implemented due to lack of
human and financial resources.
There were no reports of antiunion discrimination.
Twenty four firms held licenses to operate under export processing
zone (EPZ) status, and 20 were operational. There are no special laws
or exemptions from regular labor laws in export processing zones;
however, many companies in the EPZs resisted union activity and union
organizers stated they had little access to workers in the EPZs.
c. Prohibition of Forced or Compulsory Labor.--The Government
prohibits forced or compulsory labor, including by children; however,
there were reports that such practices occurred. Forced labor is
punishable by a maximum fine of 10,000 MWK (approximately $70) or two
years' imprisonment. However, in practice punishments were almost
always limited to fines, and the modest fines imposed were not
effective in discouraging labor violations.
Although the Ministry of Labor reported no cases of forced labor,
forced and bonded labor involving entire families occurred under the
tenancy system. Tobacco plantation tenants have exclusive arrangements,
often unwritten, with the estate owners to sell their crop and to buy
inputs such as fertilizer, seed, and often food. These costs, in
addition to rent charges, often were greater than the amount of money
received from tobacco sales, leading to a situation of debt and bonded
labor to repay the input and other costs.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age for employment at 14 years of age, and
children aged 14-18 may not work in jobs that are considered hazardous
or that interfere with their education; nevertheless, child labor was a
problem.
In June the Ministry of Labor stated that over 1.4 million children
were engaged in child labor. A study in Thyolo found 41 percent of
children under 15 engaged in at least part-time work. Seventy-eight
percent of children between 10 and 14 living on tenant farms worked at
least part-time with their parents on the farm.
Child labor was common on tobacco farms, subsistence farms, and in
domestic service. Many boys worked as vendors and young girls in urban
areas often worked outside of their families as domestic servants,
receiving low or no wages. Child trafficking for agricultural work took
place both internally and across porous borders with Zambia and
Mozambique.
In October police arrested Lilongwe restaurant owner Mohamed Abed
Ali and his employee Petro Kandindi for hiring four boys to clean a
septic tank of the restaurant. The four boys, who ranged from ages 13-
18, were not provided any safety gear for the job. Kandindi claimed he
thought all of the boys were over 18, but admitted he did not provide
protective gear. The Ministry of Tourism sealed the restaurant and
revoked its license. The case was still in the court at year's end.
Police and the Ministry of Labor officials were responsible for
enforcing child labor laws and policies; however, labor inspectors do
not have law enforcement capabilities and must cooperate with the
police to pursue violators. The law specifies a maximum fine of 20,000
MWK (approximately $140) or five years' imprisonment for violations.
The ministry continued to conduct child labor law enforcement
courses for district labor officers, district social welfare officers,
police, and district magistrate court officers. During the year the
ministry continued inspections, particularly on agricultural estates.
There were 31 district labor officers and an estimated 150 labor
inspectors at year's end. There was no information available on the
number of inspections carried out during the year. The Government
continued to participate in several social programs to address child
labor, including a three-year International Labor Organization project
begun in 2005 to withdraw children and keep them from engaging in
hazardous work on tobacco and tea farms and in domestic service. To
date over 7,000 youths have been removed and rehabilitated under the
program. The labor ministry youth committees in rural areas continued
to monitor and report on child labor. Despite these efforts,
enforcement by police and ministry inspectors of child labor laws was
hindered by lack of funding.
e. Acceptable Conditions of Work.--The Ministry of Labor sets
separate urban and rural minimum wage rates based on recommendations of
the Tripartite Wage Advisory Board (TWAB), composed of representatives
of labor, government, and the private sector. However, poor functioning
of the TWAB resulted in delayed and inadequate wage rate revisions. The
urban minimum was 142 MWK (approximately $1) per day; in all other
areas, it was 105 MWK (approximately $0.75) per day. Minimum wage rates
did not provide a decent standard of living for a worker and family.
Official minimum wages only apply to the formal sector. Wage earners
often supplemented their incomes through farming activities. The
Ministry of Labor lacked the resources to effectively enforce the
minimum wage. However, the minimum wage was irrelevant for most
citizens, who earned their livelihood outside the formal wage sector.
There was no exception for foreign or migrant workers.
The maximum legal workweek was 48 hours, with a mandatory weekly
24-hour rest period. The law requires payment for overtime work and
prohibits compulsory overtime. In practice these standards were not
effectively enforced and employers frequently violated statutory time
restrictions.
The law includes extensive occupational health and safety
standards; however, ministry enforcement of these standards was poor.
Workers, particularly in industrial jobs, often worked without
basic safety clothing and equipment. Workers dismissed for filing
complaints about workplace conditions have the right to file a
complaint at the labor office or sue the employer for wrongful
dismissal. Workers have the right to remove themselves from dangerous
work situations without jeopardy to continued employment; however,
given the low level of education of most workers and the high level of
unemployment, workers were unlikely to exercise this right.
The law protects foreign workers in correct legal status. Illegal
foreign workers were subject to deportation.
__________
MALI
Mali, with a population of approximately 12 million, is a
constitutional democracy. International and domestic observers
characterized the April 2007 presidential election, which resulted in
the reelection of President Amadou Toumani Toure, and the July 2007
legislative elections, as generally free and fair; however, there were
some administrative irregularities. Groups of armed Tuaregs attacked
military units and posts in the regions of Kidal, Gao, and Segou
throughout the year. While civilian authorities generally maintained
effective control of the security forces, there were instances in which
elements of the security forces acted independently.
The Government generally respected its citizens' human rights;
however, there were problems, including arbitrary or unlawful
deprivation of life, police abuses of civilians, poor prison
conditions, arbitrary detention, lengthy pretrial detention, prolonged
trial delays, restrictions on freedom of assembly, official corruption
and impunity, domestic violence and discrimination against women,
female genital mutilation (FGM), trafficking in persons, societal
discrimination against black Tamacheks, slavery-like practices and
hereditary servitude relationships between ethnic groups, and child
labor.
Attacks by groups of armed Tuaregs, including the Northern Mali
Tuareg Alliance for Change (ATNMC) and the Alliance for Democracy and
Change (ADC), injured civilians and displaced thousands of persons. A
militia group called the Ganda-Izo reportedly killed civilians in the
Gao region.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the Government or its agents committed arbitrary or unlawful
killings.
On November 10, in Lere, National Guard troops fired on a crowd of
demonstrators, killing one person and injuring six others. A government
commission of inquiry into the incident produced no findings.
Tuareg rebels alleged that security forces killed two Tuaregs,
including one a former Tuareg rebel who had been reintegrated into the
army. The Government denied any involvement in the killings (See
Section 1.g.). There were no other reports of politically motivated
killings.
The August 2007 death of Youssouf Dembele was still being
investigated at year's end.
The Government released members of the 314th Army Company who were
detained in connection with the October 2007 killing of Assaleh ag
Mohamed, a gendarme and ethnic Tuareg; there were no further
investigations into the case.
b. Disappearance.--There were no reports that the Government
committed politically motivated disappearances.
On October 31, the terrorist organization al-Qaida in the Islamic
Maghreb (AQIM) released two Austrian tourists to government officials
in the north of the country. AQIM captured the Austrians in Tunisia in
February.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were occasional reports that police abused civilians, and that
police used excessive force to disperse demonstrators.
On September 9, in Bamako, police arrested and beat several
Congolese accorded refugee status by the United Nations High Commission
for Refugees (UNHCR). The police reportedly arrested the refugees
during an operation to arrest other immigrants. Police released the
Congolese nationals the same day after UNHCR intervention.
On October 10, in the Bamako neighborhood Medina Coura, police
reportedly used excessive force and tear gas to disperse a
demonstration, injuring two protestors.
Prison and Detention Center Conditions.--Overall prison conditions
remained poor. Prisons continued to be overcrowded, medical facilities
were inadequate, and food supplies was insufficient. Inadequate
sanitation and medical facilities posed serious threats to health.
In Bamako, men and women were placed in separate prisons. Outside
the capital men and women were held in separate cells within the same
prison. Arrested individuals may be held for up to 72 hours in police
stations where there are no separate holding areas for men and women.
Juvenile offenders usually were held in the same prison as adult
offenders, but were kept in separate cells. Pretrial detainees were
held with convicted prisoners.
The Government permitted prison visits by human rights monitors;
however, nongovernmental organizations (NGOs) and other monitors were
required to submit a request to the prison director, who then forwarded
it to the Ministry of Justice. Approvals, which took up to one week,
were routinely granted, but the week delay hindered the ability of
monitors to ascertain if there were human rights violations. Several
NGOs, including the Malian Association of Human Rights and the Malian
Association of Women Lawyers (AJM), visited prisoners and worked with
female and juvenile prisoners to improve their conditions.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, security forces
detained persons without charge in connection with the country's
internal conflict (See Section 1.g.) and arbitrarily arrested and beat
several Congolese nationals accorded refugee status by the UNHCR.
Role of the Police and Security Apparatus.--Security forces include
the army, air force, gendarmerie, National Guard, and police. The army
and air force are under the control of the civilian minister of
defense. The National Guard is administratively under the minister of
defense; however, it is effectively under the control of the minister
of internal security and civil protection. The police and gendarmerie
are under the Ministry of Internal Security and Civil Protection.
Police have responsibility for law enforcement and maintaining order in
urban areas, while gendarmes have that responsibility in rural areas.
The national police force is organized into districts. Each
district has a commissioner who reports to the regional director at
national headquarters. The police force was moderately effective but
lacked resources and training. Corruption was a problem, and some
police and gendarmes extorted bribes. Impunity was a problem, and
police were often not held accountable for corruption. The gendarmerie
conducted investigations of police officers. During the year 187 police
officers were disciplined for infractions including excessive use of
force, solicitation of bribes, and theft. In September the new general
director of the National Police, Niame Keita, replaced 45 high-ranking
police officers, including senior police official Boubacar Diouf. Diouf
had been implicated in the disappearance of approximately 448 million
CFA francs (approximately $1 million) from the police officers' pension
fund, and was reassigned to another police position.
Arrest and Detention.--Judicial warrants are required for arrest.
Bailiffs normally deliver warrants, which stipulate when a person is
scheduled to appear at a police station. While persons were usually
apprehended openly with warrants based on sufficient evidence and
issued by a duly authorized official, there were occasions on which
warrants were not based on sufficient evidence. In cases involving a
monetary debt, the arrested person frequently resolved the case at the
police precinct, and the police received a portion of the recovered
money. The law provides that suspects must be charged or released
within 48 hours and that they are entitled to counsel; however, in
practice detainees were not always charged within the 48-hour period.
Suspects must be transferred from a police station to a prison within
72 hours after being arrested; however, in practice detainees were
sometimes held more than 72 hours. Limited rights of bail or the
granting of conditional liberty exist, particularly for minor crimes
and civil matters. On occasion authorities released defendants on their
own recognizance. Detainees are brought before an independent judiciary
and have the right to a lawyer of their choice or a state-provided
lawyer if indigent; however, administrative backlogs and an
insufficient number of lawyers often prevented prompt access to legal
representation and produced substantial trial delays. Detainees were
allowed prompt access to family members.
The Government detained persons without charge in connection with
the country's internal conflict (See Section 1.g.) and arbitrarily
arrested and beat several Congolese nationals accorded refugee status
by the UNHCR.
In contrast to 2007, there were no reports of incidents in which
police arbitrarily arrested journalists, demonstrators, students, or
teachers.
Lengthy pretrial detention was a problem due to lengthy trial
procedures, large numbers of detainees, judicial inefficiency,
corruption, and staff shortages. In extreme cases, individuals remained
in prison for several years before their cases came to trial. Judges
set provisions for bail; however, many individuals lacked the financial
resources needed to meet these provisions. Approximately 67 percent of
the prison population consisted of persons awaiting trial.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the executive branch continued
to exert influence over the judicial system, and corruption and limited
resources affected the fairness of some trials. Domestic human rights
groups alleged that there were instances of bribery and influence
peddling in the courts. The minister of justice appoints and may
suspend judges, and the Ministry of Justice supervises both law
enforcement and judicial functions. The president of the country heads
the Council of Magistrates, which oversees judicial activity.
The country has a lower circuit court, a Supreme Court with both
judicial and administrative powers, and a Constitutional Court that
oversees constitutional issues and acts as an election arbiter. The
constitution also provides for the convening of a High Court of Justice
to try senior government officials in cases of treason.
The military court system was not operational.
Village chiefs, in consultation with local elders, decided the
majority of disputes in rural areas based on local traditions and
values.
Trial Procedures.--Except in the case of minors, trials generally
are public and juries are used. Defendants have the right to be present
and have an attorney of their choice. Court-appointed attorneys are
provided for the indigent without charge. Defendants have the right to
consult with their attorney, but administrative backlogs and an
insufficient number of lawyers often prevented prompt access.
Defendants and attorneys have access to government evidence relevant to
their cases. Defendants are presumed innocent and have the right to
confront witnesses, to present witnesses and evidence on their behalf,
and to appeal decisions to the Supreme Court. These rights extend to
all citizens and all groups.
In contrast to 2007, there were no reports of closed trials that
were contrary to customary procedures.
Political Prisoners and Detainees.--In contrast to 2007 when five
journalists and a high school teacher were imprisoned in June for
``offending'' the head of state, there were no reports of political
prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. There is no separate court
system for lawsuits seeking damages for, or cessation of, a human
rights violation.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Violence in the north increased during the year as attacks by rebels
and other armed groups of Tuaregs displaced thousands of civilians.
Armed groups of Tuaregs, including the ATNMC and the ADC, attacked
military units and posts in the regions of Kidal, Gao, and Segou.
On March 26, in Aguelhok, several children were wounded by gunfire
during a rebel attack on a military base.
On April 10, two Tuaregs, Commandant Barka ag Cheikh and his driver
Mohammed ag Moussa, were killed in Kidal. Ag Cheikh was an ADC member
who had been reintegrated into the military. Ag Moussa was ag Cheikh's
driver and also a local imam. ADC leaders accused the army of carrying
out the killings; however, the Government denied any involvement. There
were no arrests in connection with the killings and there was no
inquiry underway by year's end.
On December 20, the ATNMC attacked a military base in Nampala, in
the Segou region; several civilians who lived within the base were
reportedly killed during the attack.
The Ganda-Izo militia, composed of ethnic Peuls and Songhai, killed
four civilians of Tuareg descent: Rhissa ag Intawin, Zeynudin ag
Sidiya, Attaher ag Erhq, and one other villager on September 1, in the
town of Hourala. In response security forces arrested several dozen
suspected Ganda-Izo members, including some members of the security
forces. On September 15, in the village of Fafa, the military attacked
a suspected Ganda-Izo hideout, arresting several more suspected Ganda-
Izo members. One suspected militia member and one soldier were
reportedly killed and an unknown number of persons injured. While the
Government released many of those arrested, an unknown number of others
remained detained without charge at year's end. On September 25, Amadou
Diallo, the leader of Ganda-Izo, was arrested in Niger and extradited
to Mali where he remained detained without charge at year's end.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and in contrast to 2007, the
Government generally respected these rights in practice.
Individuals criticized the Government publicly and privately,
generally without reprisal; however, on occasion the Government
attempted to impede such criticism.
The independent media were active and expressed a wide variety of
views.
There were instances in which journalists were subject to arrest,
harassment, and intimidation.
On April 7, security forces in Gao detained a French journalist
from the French television station France 24 and another journalist
from the French newspaper Liberation. The France 24 journalist was made
to return to Bamako, and remained in police custody for 24 hours.
Security officials informed the journalists that they lacked proper
authorization to travel to the north.
Journalist Gnimadi Destin of Le Republicain newspaper reported
receiving anonymous death threats after publishing an article on
government corruption.
On September 20, in Kita, police reportedly arrested and detained
journalist Sidiki Doumbia overnight. According to Doumbia, he was
traveling on public transportation when a police officer stopped the
vehicle, made passengers without identity cards pay a fee, and then
arrested him upon becoming aware he was a journalist. Doumbia filed a
law suit against the arresting police officer. The suit was pending at
year's end.
There were few reported incidents of harassment of media outlets by
the Government.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
There were numerous Internet cafes in Bamako, although home access in
the capital was limited by cost. Outside of Bamako, there were a few
sites where the Internet was available for public use.
Academic Freedom and Cultural Events.--In contrast to 2007, there
were no incidents of the Government restricting academic freedom or
cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, at times the Government did not respect this right in
practice.
During the year the Government prohibited some Muslim groups from
holding marches to express opposition to a proposed law abolishing the
death penalty.
On October 10, residents of the Bamako neighborhood Medina Coura
accused the police of using excessive force and tear gas to disperse a
group protesting a local leader's decision to place a garbage dump
between two schools. Two of the protestors were injured.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right; however, the law prohibits association deemed immoral. In 2005
the governor of the District of Bamako cited this law to refuse
official recognition of a gay rights association.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right.
The Government required that all public associations, including
religious associations, register; the process was routine and not
burdensome. Traditional indigenous religious groups were not required
to register.
Societal Abuses and Discrimination.--The Jewish population was
estimated at fewer than 50, and there were no reports of anti-Semitic
acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. Police routinely stopped and checked both citizens and
foreigners to restrict the movement of contraband and to verify vehicle
registrations. Some police and gendarmes extorted bribes.
The constitution and law specifically prohibit forced exile; the
Government did not use it.
Internally Displaced Persons (IDPs).--Attacks by Tuareg rebels
displaced several thousand persons in the northern region of Kidal
during the year. In April local and international aid organizations
estimated that there were 3,250 IDPs in Tinzawaten, 800 in In-Bulal,
3,500 near Aguelhok, and more than 3,000 near Kidal. An unknown number
of IDPs went to distant desert encampments or to Algeria.
The Government provided some assistance to IDPs, allowed the
International Committee of the Red Cross (ICRC) access to IDPs, and
permitted IDPs to accept assistance provided by humanitarian
organizations. The distances involved, difficult local terrain, land
mine concerns, and rebel attacks hampered assistance efforts. The
Government did not attack or target IDPs or forcibly return or resettle
them. After peace negotiations in August, the Government and Tuareg
rebels actively promoted the safe return of displaced persons; however,
many persons remained displaced at year's end.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice, the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. A national committee in charge of refugees
operated with institutional assistance from the UNHCR.
During the year the Government also provided temporary protection
to individuals who may not qualify as refugees under the 1951
convention or the 1967 protocol and provided it to 54 persons during
the year.
On September 9, police arrested and beat several Congolese accorded
refugee status by the UNHCR. Police released the Congolese nationals
the same day after UNHCR intervention.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections held on the basis
of universal suffrage.
Elections and Political Participation.--In April 2007 voters
elected President Amadou Toumani Toure to a second five-year term with
71 percent of the vote. Legislative elections were held in July 2007.
Domestic and international observers characterized both elections as
generally free, fair, and without evident fraud, but there were
administrative irregularities.
Political parties generally operated without restrictions or
outside interference.
Fifteen women were elected to the 147-member National Assembly.
There were six women in the 27-seat cabinet, five women on the 33-
member Supreme Court, and three women on the nine-member Constitutional
Court; a woman chaired the Supreme Court.
The National Assembly had 15 members from historically marginalized
pastoralist and nomadic ethnic minorities representing the northern
regions of Gao, Timbuktu, and Kidal. The cabinet also had two members
from such minorities.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, corruption was a serious
problem and officials frequently engaged in corrupt practices with
impunity.
On September 29, Ahmed Sow, who was appointed as the minister of
energy, mines, and water in 2007, resigned due to corruption
allegations stemming from his previous position as the director of the
European Union's Center for Business Development.
The Malian Anticorruption Agency (CASCA) and the independent Office
of the Auditor General (OAG) are responsible for combating corruption.
The CASCA oversees a number of smaller anticorruption units within
various government ministries and reports directly to the presidency.
The OAG's report for 2007 (released in 2008) found approximately 31
billion CFA francs ($15 million) in lost revenues due to fraud and
mismanagement, including lost revenue in the Customs Office, the
Ministry of Finance, the Ministry of Mines, the Commission for Food
Security, the Office du Niger, and the state-owned cotton company.
There were no developments regarding the auditor general's annual
report for 2006 (released in 2007) that cited approximately 101.4
billion CFA francs ($218 million) in lost revenues in 2006 due to
financial mismanagement, corruption, and fraud.
The constitution requires the prime minister and other cabinet
members to annually submit a financial statement and written
declaration of their earnings to the Supreme Court. These documents
were not made public.
The law provides for public access to government information, and
the Government generally granted such access for citizens and
noncitizens, including foreign media. If an information request is
refused, the person inquiring can appeal to an administrative court,
which must handle the appeal within three months.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views.
Major local human rights NGOS include the Collective of the Women
NGOs and Associations (CAFO), AJM, Women and Children Rights Watch
(ODEF), Women and Children's Rights Committee (CADEF), Women and Human
Rights, Mali Human Rights Association (AMDH), the black Tamachek
Association (TEMEDT), Mali Enjeu, and ENDA Tiers Monde.
The Government cooperated with international organizations and
permitted visits by UN representatives and other organizations such as
the ICRC.
In 2006 Mali created a National Commission on Human Rights (CNDH),
under the Ministry of Justice; however, the CNDH existed in name only
and produced no reports.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on social
origin and status, color, language, gender, or race, but not
disability.
Women.--The law criminalizes rape; however, only a small percentage
of rape cases were prosecuted and most cases of rape were not reported.
There is no law specifically prohibiting spousal rape, but law
enforcement officials stated that the criminal laws against rape
applied to spousal rape.
Domestic violence against women, including spousal abuse, was a
problem. Most cases went unreported. Spousal abuse is a crime, but
police were reluctant to enforce laws against or intervene in cases of
domestic violence. Many women were reluctant to file complaints against
their husbands because they feared such allegations would be
interpreted as grounds for divorce, were unable to support themselves
financially, or sought to avoid social stigma. In 2007 the Government
created a Planning and Statistics Unit to track prosecutions, but it
was not operational.
Assault is punishable by prison terms of one to five years and
fines of up to 500,000 CFA francs (approximately $1,000) or, if
premeditated, up to 10 years' imprisonment. The Ministry for the
Promotion of Women, Children, and the Family distributed a guide
regarding violence against women for use by health care providers,
police, lawyers, and judges. The NGOs Action for the Defense and
Promotion of Women Rights and Action for the Promotion of Household
Maids operated shelters for abused female domestic laborers.
Prostitution is legal and common in cities.
The law does not specifically address sexual harassment, which
occurred frequently.
Family law favors men, and women are particularly vulnerable in
cases of divorce, child custody, and inheritance rights, as well as in
the general protection of civil rights. Women had very limited access
to legal services due to their lack of education and information, as
well as the prohibitive cost. For example, if a woman wanted a divorce,
she had to pay approximately 50,000 CFA francs ($100) in legal and
administrative fees to start the process, a prohibitive amount for most
women.
While the law provides for equal property rights, traditional
practices and ignorance of the law prevented women from taking full
advantage of their rights. A community property marriage must be
specified in the marriage contract. In addition, if the type of
marriage was not specified on the marriage certificate, judges presumed
the marriage was polygynous. Traditional practice discriminated against
women in inheritance matters, and men inherited most of the family
wealth.
Women's access to employment and to economic and educational
opportunities was limited. According to the National Center for
Information on Women and Children, women constituted approximately 15
percent of the formal labor force. The Government, the country's major
employer, paid women the same as men for similar work. The Ministry for
the Promotion of Women, Children, and the Family was charged with
ensuring the legal rights of women.
The National Committee Against Violence Towards Women was largely
nonfunctional. Several women's rights groups worked to highlight legal
inequities. These groups also provided legal assistance to women and
promoted women's rights.
Children.--The Government was committed to providing for children's
welfare and rights. Several laws protect children and provide for their
welfare, including an ordinance that provides for regional positions as
``child delegates'' to safeguard the rights and interests of children.
Many births were not registered immediately; though the Government
undertook a registration campaign during the year.
Students were required to provide their own uniforms and supplies.
During the 2006-07 school year, 58.8 percent of children ages seven to
12 (51.7 percent of girls and 66.2 percent of boys) attended primary
school. Girls' enrollment in school was lower than boys' at all levels
due to poverty, cultural tendencies to emphasize boys' education, and
early marriages for girls. Other factors affecting school enrollment
included distance to the nearest school, lack of transportation, and
shortages of teachers and instructional materials. There were an
insufficient number of schools and teachers.
Members of the black Tamachek community reported that some Tamachek
children were denied educational opportunities due to slavery-like
practices.
Approximately 11 percent of students attended private Arabic-
language schools, or ``medersas.'' While medersas are required to
adhere to an approved national curriculum, severe shortages of trained
teachers and instructional materials made it difficult for many
medersas to meet national standards.
An unknown number of primary school-aged children throughout the
country, mostly under age 10, attended part-time Koranic schools.
Koranic schools taught only the Koran and were funded by students and
their parents. Koranic masters often forced students, known as
``garibouts,'' to beg for money on the streets or work as laborers in
agricultural settings.
There were no statistics on child abuse. Most child abuse cases
went unreported. The police and the social services department under
the Ministry for Solidarity and Social Development investigated and
intervened in cases of child abuse or neglect; however, the Government
provided few services for such children.
In 2007 in Bamako, the police's Division for Protection of Children
and Morals rescued 125 children from prostitution, including two
underage boys. A 2004 governmental study, which involved 450
interviews, found that the children most at risk for sexual
exploitation were girls between the ages of 12 and 18 who worked as
street vendors or domestic servants, or who were homeless children or
the victims of child trafficking. Such exploitation was most prevalent
in border zones, towns on transportation routes, and in mining areas.
The study noted that most cases of sexual exploitation went unreported
and recommended that the country strengthen its laws to protect
children.
FGM was common, particularly in rural areas, and was performed on
girls between the ages of six months and six years. Approximately 95
percent of adult women had undergone FGM. The practice was widespread
in most regions with the exception of certain northern areas, occurred
among most ethnic groups, was not subject to class boundaries, and was
not religiously based. There are no laws specifically prohibiting FGM;
however, a government decree prohibits FGM in government-funded health
centers.
The Government was unable to eliminate FGM by 2008, despite
continued implementation of a two-phase plan to do so. Information
campaigns regarding FGM reached citizens throughout the country and
human rights organizations reported that FGM decreased among children
of educated parents. In some instances, FGM practitioners agreed to
stop the practice in exchange for other income-generating activities.
The marriage code allows girls under age 15 to marry if they have
parental consent and special permission from a judge, and sets the
minimum age for girls to marry without such consent at 15. Underage
marriage was a problem throughout the country, with parents in some
cases arranging marriages for girls as young as nine. According to
local human rights organizations, judicial officials frequently
accepted false documents claiming that girls under the age of 15 were
old enough to marry.
Trafficking in Persons.--The law prohibits trafficking in children,
but does not address trafficking in adults, and there were reports that
women and children were trafficked to, from, and within the country.
Persons, including children, were trafficked between Mali and other
West African countries, including Burkina Faso, Cote d'Ivoire, Guinea,
Senegal, Nigeria, and Mauritania for the purposes of forced labor and
commercial sexual exploitation. Most child trafficking occurred within
the country. In many cases parents in rural areas entrusted their
children to traffickers, falsely believing that the children would be
provided with economic or educational opportunities. Children were
trafficked for agricultural work, domestic servitude, begging, gold
mining, and prostitution.
Child trafficking is punishable by five to 25 years' imprisonment.
There were no reports of trafficking-related prosecutions during the
year.
On March 12, police in the town of Kita rescued 26 children
reportedly trafficked by three Malian nationals. Of these children, 24
were Guinean citizens; they were repatriated to Guinea on March 29. The
two Malian children were returned to their families. One of the
arrested suspects claimed to be a Koranic school teacher. On June 20,
all three suspects were released from prison on their own recognizance
pending trial. At year's end no trial date had been set.
In early December NGOs repatriated seven Burkinabe children
trafficked by a Koranic school teacher to the country. No charges were
filed against the teacher by year's end.
The two Ivoirian nationals who were arrested in March 2007 for
trafficking boys ages 16 to 18 from Cote d'Ivoire were released on
their own recognizance pending trial. At year's end no trial date had
been set.
The two persons arrested in 2006 for allegedly trafficking 24
persons from Burkina Faso remained in prison awaiting trial at year's
end.
The Ministry for the Promotion of Women, Children, and the Family
and the Ministry of Labor and Civil Service shared responsibility for
combating trafficking.
When asked, the Government assisted with international trafficking
investigations and the extradition of citizens accused of trafficking
in other countries, but there were no such cases reported during the
year. The Government worked closely with international organizations
and NGOs to coordinate the repatriation and reintegration of
trafficking victims.
Welcome centers operated by NGOs in Mopti, Segou, Sikasso, and
Bamako assisted in returning trafficked children to their families. The
Government worked through these NGOs to provide temporary shelter and
protection for victims of trafficking.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--There was no specific law protecting
the rights of persons with disabilities in employment, education,
access to health care, or in the provision of other state services.
There is no law mandating accessibility to public buildings. The
Ministry of Social Affairs is charged with the protection of the rights
of persons with disabilities.
National/Racial/Ethnic Minorities.--Societal discrimination against
``black'' Tamacheks, often referred to by the pejorative label Bellah,
continued. Some black Tamachecks were deprived of civil liberties by
other ethnic groups due to traditional slavery-like practices and
hereditary servitude relationships between certain ethnic groups. Black
Tamachek communities in Gao and Menaka also reported systematic
discrimination by local officials and others that hindered their
ability to obtain identity documents or voter registration cards,
locate adequate housing, protect their animals from theft, seek legal
protections, or access development aid.
Other Social Abuses and Discrimination.--Societal discrimination
based on sexual orientation occurred.
Societal discrimination against persons with HIV/AIDS occurred.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form or
join independent unions of their choice without previous authorization
or excessive requirements, and workers exercised these rights. Only the
military, the gendarmerie, and the National Guard were prohibited from
forming unions. An estimated 95 percent of salaried employees were
organized, including teachers, magistrates, health workers, and senior
civil servants.
The law allows unions to conduct their activities without
interference, and the Government respected this right in practice.
Unions have the right to strike, and workers exercised this right.
Civil servants and workers in state-owned enterprises are required to
give two weeks' notice of a planned strike and to enter into mediation
and negotiations with the employer and a third party, usually the
Ministry of Labor and State Reforms. The labor code prohibits
retribution against strikers, and the Government generally enforced
these laws effectively.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to collective bargaining, and workers exercised
this right freely. The law does not prohibit antiunion discrimination,
but there were no reports of antiunion behavior or activities during
the year.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, such
practices occurred.
The law prohibits the contractual use of persons without their
consent; penalties include a fine and hard labor. Penalties increase to
20-years imprisonment if a person under age 15 years of age is
involved.
Many black Tamacheks continued to be subjected to slavery-like
practices and hereditary servitude relationships, particularly in the
northern regions of Gao, Timbuktu, and Kidal.
In March Agiachatou walet Touka, a black Tamachek woman, filed a
lawsuit in Menaka against Sagoudene ag Adime, claiming she was a victim
of slavery and that several of her family members remain in captivity.
Judicial authorities took no action on the case during the year.
Also in March Iddar ag Ogazide, a black Tamachek, filed a complaint
in the city of Gao against Erzaghi ag Bayes for slave holding. Ag
Ogazide and his wife allegedly lived in servitude to the ag Bayes
family. In April antislavery activists helped ag Ogazide recover his
three-year-old son from ag Bayes. As part of the complaint, ag Ogazide
demanded the release of two family members that he claimed were still
held by ag Bayes. Judicial authorities took no action on this case
during the year.
In 2007 in Menaka, Tatche walet Ekadaye filed a complaint against
Ahmed Iknane ag Bakka that included an accusation against him for
slave-holding. According to the complaint, ag Bakka claimed traditional
ownership rights over Tatche and her family, and in 2003 had abducted
five children from Tatche's family. Two of the children were rescued by
government authorities a few months later. Ag Bakka continued to hold
the two remaining children during the year. No action was taken on the
case by year's end.
There were no developments in the case of Moumou ag Tamou, a black
Tamachek child taken from his family by Hamed Lamine ag Alwafi in Kidal
in September 2007. Ag Alwafi allegedly claimed traditional ownership
rights over the child.
Debt bondage occurred in the salt mines of Taoudenni, which is in
the north. Individuals primarily of Songhai ethnicity, including some
children, worked as salt miners to pay off debts owed to businessmen in
Timbuktu.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code has specific policies that pertain to child labor; however,
these regulations often were ignored in practice. Child labor was a
problem. Child labor predominated in the agricultural, mining, and
domestic help sectors and, to a lesser degree, in craft and trade
apprenticeships and cottage industries.
The labor code permits children between the ages of 12 and 14 to
work in domestic work or light seasonal work, and limits the number of
hours that they may work. No child is permitted to be employed for more
than eight hours per day under any circumstances. Female children ages
16 to 18 cannot be employed for more than six hours per day. However,
these regulations were not enforced in practice.
A 2005 survey found that two-thirds of children age five to 17 were
economically active and that most of these children were subjected to
the worst forms of labor. Some Koranic schoolmasters forced boys to beg
for money. Children, especially girls, were used for forced domestic
labor and prostitution. Child labor in the mining sector, including
salt mining in Taoudenni and gold mining, was also a problem. Black
Tamachek children were used as forced domestic and forced agricultural
laborers.
The authorities enforced labor code provisions through inspectors
from the Ministry of Labor and State Reforms, which conducted surprise
inspections and complaint-based inspections; however, resource
limitations restricted the frequency and effectiveness of oversight by
the Labor Inspection Service, which operated only in the formal sector.
A 43-member national committee for child labor and trafficking
issues worked to develop a list of the worst forms of child labor. The
committee is composed of 13 ministries as well as NGOs, and is chaired
by the Ministry of Labor. The Government did not approve the list by
year's end.
e. Acceptable Conditions of Work.--The national minimum wage rate,
set during the year, was 28,465 CFA francs ($60) per month, which did
not provide a decent standard of living for a worker and family. The
minimum wage was supplemented by a required package of benefits,
including social security and health care. While this total package
could provide a minimum standard of living for one person, most wage
earners supported large extended families. Persons working in informal
and subsistence sectors did not receive the minimum wage. The labor
code specifies conditions of employment, including hours, wages, and
social security; however, many employers either ignored or did not
comply completely with the regulations.
The legal workweek was 40 hours (45 hours for agricultural
employees), with a requirement for a 24-hour rest period. Workers had
to be paid overtime for additional hours. The law limits overtime to
eight hours per week. Labor inspectors usually visited work sites only
after complaints were filed by labor unions.
The law provides a broad range of legal protections against hazards
in the workplace; however, authorities did not effectively enforce
these standards. Workers' groups brought pressure on employers to
respect sections of the regulations. With high unemployment, however,
workers often were reluctant to report violations of occupational
safety regulations. The Labor Inspection Service oversees these
standards but limited enforcement to the formal sector. It was not
effective in investigating and enforcing workers' safety and was
insufficiently funded for its responsibilities. Workers had the right
to remove themselves from dangerous work situations and to request an
investigation by the Social Security Department, which is responsible
for recommending remedial action where deemed necessary; it was not
known if any worker had done so.
__________
MAURITANIA
Mauritania, with an estimated population of 3.4 million, is a
highly centralized Islamic republic governed by a military junta known
as the High State Council (HSC). The HSC is led by General Mohammed
Ould Abdel Aziz, who also claims the title of Head of State. The HSC
assumed power on August 6, when several military officers overthrew
democratically elected president Sidi Ould Cheikh Abdallahi in a
bloodless coup. The HSC formed a new government under the new Prime
Minister Moulaye Ould Mohammed Laghdaf, but did not dissolve
parliament. The military coup followed a multiparty March 2007
presidential election and parliamentary elections in 2006 and February
2007; both elections were deemed free and fair by international
observers. Until the August 6 coup, civilian authorities maintained
effective control of the security forces.
Following the August 6 coup, several prominent civil society
organizations reported deterioration in the human rights situation. The
coup abridged citizens' right to choose their government. Prison
conditions remained harsh. There were arbitrary arrests and political
detainees, including President Abdallahi and Prime Minister Yahya Ould
Ahmed El Waghef. Mistreatment and torture of detainees and prisoners,
and lengthy pretrial detention occurred. There were limits on freedom
of the press and assembly with instances of police beating
demonstrators. Slavery and slavery-like practices persisted,
particularly in rural areas. Restriction on freedom of religion
continued. Corruption was a problem. Long-term problems of
discrimination against women, female genital mutilation (FGM), child
labor, and political marginalization of largely southern-based ethnic
groups persisted.
Prior to the August 6 coup, the democratic government supported
nationwide sensitization on a new antislavery law and increased public
discussion on taboo issues, such as ethnic divisions and social
injustices. The democratic government also supported national
reconciliation efforts regarding the country's 1989-91 expulsion of
Afro-Mauritanians through the launch of a repatriation program in
coordination with the Office of the UN High Commissioner for Refugees
(UNHCR). The HSC stated these efforts would continue, but some
nongovernmental organizations (NGOs) reported that nothing had been
done by the military government to further raise awareness. However,
repatriation efforts continued.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit such practices,
there were credible reports that police beat and mistreated detainees
and prisoners. Those who lacked money or influential family or tribal
ties reportedly were most likely to be mistreated. According to a
December 3 Amnesty International (AI) report, security forces used
torture as a method of investigation and repression, and perpetrators
acted with impunity. Security forces tortured detainees to extract
confessions, with incidents of torture increasing under the military
junta. Torture methods included electric shocks, burnings, beatings,
pulling out of hair, and sexual violence. According to AI, there were
no known cases where authorities investigated reports of torture or
abuse or took action against perpetrators.
As of May 26, police had detained 39 suspected terrorists allegedly
involved in the December 2007 Aleg murders of four French citizens and
the February 1 attack against the Israeli Embassy in Nouakchott. Police
reportedly tortured and held the suspects incommunicado in military
detention prior to transferring them in August to a civilian prison. At
year's end, there had been no progress on these cases.
On May 29, lawyers for suspected terrorists Abdel Kerim Ben Veraz
El Baraoui, Ahmed El Moctar Ould Semane, and Cheikh Ould Salem claimed
that police tortured their clients by hanging them by their feet and
burning cigarettes on their bodies. There were no reports of
authorities investigating the matter by year's end.
Prison and Detention Center Conditions.--Prison conditions were
harsh and the Government's capacity to administer detention facilities
remained poor. One of Nouakchott's two prisons was rebuilt and reopened
as a high-security prison in September. Funds to improve prison
conditions remained inadequate. As in the previous year, prisoners at
the Nouadhibou prison protested poor conditions on July 9, as did
prisoners in Nouakchott on October 3. Serious overcrowding and
inadequate sanitation facilities in some prisons contributed to
diseases such as tuberculosis, diarrhea, and skin ailments. Medical
supplies remained insufficient in all prisons. Prisoners with high-
level connections or families to bring them food and medicines fared
better than the less privileged or foreign prisoners.
There were credible reports of torture, beatings, and abuse in
police detention centers, several prisons throughout the country, and
gendarmerie and military facilities.
Women and minors were held in two separate facilities. Sexual
violence reportedly occurred in the women's prison, which employed both
male and female guards. Children of female prisoners remained with
their mothers, or the Ministry of Justice gave temporary custody of the
children to another family member. International NGOs, such as Noura
Foundation, Caritas, and Terre des Hommes provided educational and
economic opportunities for current and former juvenile and female
detainees. Overcrowding was reportedly due to the high number of
pretrial detainees, the majority of whom were juveniles. As a result
pretrial detainees were frequently held with convicted prisoners.
Pretrial terrorist suspects were held in separate areas from the
general prison population in Nouakchott's central prison. Many
prisoners were unable to leave their extremely crowded cells or breathe
fresh air for months or years at a time.
The Government permitted prison visits by NGOs, diplomats, and
international human rights observers. The International Committee of
the Red Cross (ICRC) had access to prisons and conducted multiple
prison visits in accordance with its standard modalities, including
visits to terrorism suspects.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the democratic government
generally observed these prohibitions. However, during and after the
August coup, the military arrested a number of political figures
without charge or hearings.
Role of the Police and Security Apparatus.--The National Police,
under the Ministry of the Interior, is responsible for law enforcement
and maintaining order in urban areas. The National Guard, also under
the Ministry of Interior, performs police functions throughout the
country in areas in which city police are not present. The gendarmerie,
a specialized paramilitary group under the Ministry of Justice and
Ministry of the Interior, is responsible for maintaining civil order in
and outside metropolitan areas.
The police were unprofessional, unresponsive, and lacked equipment
and training. Corruption was a serious problem. Police regularly
demanded bribes at illegal roadblocks in Nouakchott. Police in some
regions arrested former criminals and demanded bribes for their
release, and some indicted detainees were released before trial without
explanation. The Government rarely held security officials accountable
or prosecuted them for abuses. There were no prosecutions of police
during the year.
Arrest and Detention.--The application of constitutional safeguards
continued to vary widely from case to case. The law requires duly
authorized arrest warrants, but they were not commonly used. The law
requires that courts review the legality of a person's detention within
48 hours of arrest; however, the police can extend the period for an
additional 48 hours, and a prosecutor or court can detain persons for
up to three weeks in national security cases. Only after the prosecutor
submits charges does a suspect have the right to contact an attorney.
Attorneys for the indigent are provided at state expense. While one
article of the law provides detainees the right to prompt judicial
determination of the charges against them, an older law allows the
Government to detain persons for up to 30 days without a judicial
determination. NGOs reported that respect for these timelines
deteriorated over the course of the year. There was no functional bail
system.
In October the Government arrested seven individuals for alleged
ties to terrorist groups. Four of them were released without charge and
three were formally charged (one with the additional charge of
possession of explosives) within the prescribed time. There were no
developments reported in these cases by year's end.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, it was not independent in
practice. The executive branch continued to exercise significant
influence over the judiciary through its ability to appoint and
pressure judges. In addition, poorly educated and trained judges were
susceptible to social, financial, and tribal pressures which limited
judicial fairness. International donors funded training for prosecutors
and judges during the year to increase judicial efficiency.
There is a single system of courts consistent with modified
principles of Shari'a law. Departmental, regional, and labor tribunals
are the courts of first instance at the lower level. The 53
departmental tribunals, composed of a president and magistrates with
traditional Islamic legal training, heard civil cases involving sums
less than 10,000 ouguiya (approximately $37) and family issues,
including domestic, divorce, and inheritance cases. A total of 13
regional tribunals accepted appeals in commercial and civil matters
from the departmental tribunals and heard misdemeanor cases. At the
middle level, three courts of appeal, each with seven chambers (civil,
commercial, administrative, and penal chambers, as well as criminal,
minors, and labor courts) heard appeals from the regional courts and
have original jurisdiction for felonies.
The High Court of Justice (HCJ) also lacks independence because its
members are elected from both parliamentary houses. The HCJ reviews
decisions and rulings made by the courts of appeal to determine their
compliance with law and procedure. It also has jurisdiction to hear
cases of abuse or corruption by high government officials.
Constitutional review was within the purview of a six-member High
Constitutional Council. The annual review was intended to determine
whether courts applied the law correctly and followed proper
procedures. Reviews also served as a basis for evaluating the reform
process and reassigning judges based on their qualifications. In
December the council exercised its limited oversight in rejecting the
National Assembly's proposed amendments to its internal procedures.
These amendments were drafted by procoup parliamentarians and designed
to force the ouster of National Assembly President Messaoud Ould
Boulkheir.
Trial Procedures.--The law provides for due process. Defendants
have a right to a public trial, but juries are not used. All
defendants, regardless of the court or their ability to pay, have the
legal right to representation by counsel during the proceedings. If
defendants lacked the ability to pay for counsel, the court appointed
an attorney from a list prepared by the National Order of Lawyers,
which provided a defense free of charge. However, this measure was not
efficiently enforced during the year. There is a presumption of
innocence and the right to appeal. These rights were also extended to
minorities. Defendants can confront or question witnesses and present
witnesses and evidence in both civil and criminal cases. In theory,
defendants have access to government-held evidence, but access has
proven difficult in practice. The foregoing rights generally were
observed in practice, but did not extend to women.
Shari'a provides the legal principles upon which the law and legal
procedure are based; the courts did not treat women as the equals of
men in all cases.
A special court hears cases involving children under the age of 18.
Children who appeared before the court received more lenient sentences
than adults, and extenuating circumstances received greater
consideration in juvenile cases. The minimum age for children to be
tried is 12. Those between the ages of 12 and 18 are tried and, if
convicted, sentenced to the juvenile detention center.
Political Prisoners and Detainees.--Since the August 6 coup, a
number of political figures were arbitrarily arrested or detained under
house arrest without charges or hearings. They included President
Abdallahi, the First lady Khattou Mint Bakhari, Prime Minister Waghef,
Interior Minister Mohammed Ould R'Zeizim, the National Pact for
Democracy and Development (PNDD/Adil) party Vice-President Ahmed Ould
Sidi Baba, the President of the National Agency for the Welcome and
Reintegration of Refugees (ANAIR) Moussa Fall, the director of the
Government radio station (Radio Mauritanie) Kabir Ould Hamoudi, Colonel
Abderrahmane Ould Boubacar, and Colonel Ahmed Ould Ismael. President
Abdallahi and his wife were held incommunicado at times. All the
detainees except Abdallahi were released after a few days.
On August 21, former Prime Minister Waghef was again detained while
traveling to an antimilitary protest in Nouadhibou. Waghef was
subsequently transferred to his home village of Moudjeria, 250 miles
east of Nouakchott, and placed under house arrest. On November 13,
junta authorities formally arrested Waghef on charges of embezzlement;
Waghef remained in prison in Nouakchott at year's end.
On November 13, the HSC authorities transferred President Abdallahi
from house arrest in Nouakchott to house arrest in his hometown of
Lemden, where he was allowed contact with his family, supporters, and
diplomatic representatives. On December 21, authorities released
Abdallahi from house arrest and forcibly transferred him to Nouakchott
during the night. Abdallahi chose to return voluntarily to Lemden so he
could return to Nouakchott at a time of his own choosing. At year's
end, Abdallahi was still in Lemden.
Civil Judicial Procedures and Remedies.--The Administrative Court
has the jurisdiction to hear complaints of human rights violations. NGO
representatives stated they collaborated with the court, but that it
was not impartial in practice.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government respected these
rights in practice. Individuals could criticize the Government publicly
or privately; however, police questioned and detained members of the
press on several occasions, including the March 25-31 detention of
Assiraje newspaper journalist Mohamed Salem Ould Mohamedou for unknown
reasons; the June 12-15 detention of Arabic-language weekly Al-
hurriya's director of publication, Mohamed Nema Oumar; and the July 21-
August 17 detention of Al-hurriya journalist Mohamed Ould Abdellatif.
Oumar and Abdellatif were detained and then charged with defamation due
to an Al-hurriya article accusing three judges of corruption. After
spending nearly a month in prison, they were granted provisional
release pending the start of their trial; the trial had not begun by
year's end.
In February an appeals court upheld the November 2007 one-year
prison sentence of Al-Aqsa newspaper director Abdel Fettah Ould
Abeidna, who was convicted of falsely accusing a prominent businessman
of involvement in a drug scandal.
On October 8, trade union activists allegedly assaulted Al Jazeera
cameraman Mohamed Ould Moustafa due to his film coverage of post-coup
opposition activities.
The independent media were active and expressed a wide variety of
views with limited restrictions. However, some journalists practiced
self-censorship in areas deemed sensitive, including the military,
foreign diplomatic missions, corruption, and Shari'a law.
There were approximately 30 privately owned newspapers that were
published on a regular basis in both French and Arabic. NGOs and the
privately owned press openly criticized the Government and its leaders.
Two daily newspapers, Horizons (French language version) and Chaab
(Arabic language version), were government-owned.
On August 6, immediately following the coup, military authorities
blocked the road as a means of protecting the presidential palace. This
action prevented several newspapers from publishing that day since the
country's only printing press is located on the same road. There were
no reports that the Government restricted opposition access to the
printing press during the year.
All broadcast media remained state owned. Radio France
International was rebroadcast locally, and citizens could receive
worldwide television broadcasts through satellite receivers and dish
antennas.
On June 12, the only private radio program, Radio Citoyenne, was
taken off the air when state-run Radio Mauritanie opted not to renew
the program's contract. The Governmental justification for not renewing
the contract was that Radio Mauritanie was no longer able to provide
time slots for Radio Citoyenne's broadcast. The Government also
suspended other radio and television programs devoted to civic
education.
On July 21, then prime minister Waghef opened a multiday conference
on the liberalization of the audiovisual sector. The Government enacted
a law on the liberalization of the audiovisual sector, but the
application decree was never passed.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by electronic
mail. Internet access was available in urban areas throughout the
country, with home access common among the affluent, and cyber cafes
serving the remainder of the population.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution guarantees freedom of assembly. The law
requires that organizers apply to the local prefect (hakim) for
permission to hold large meetings or assemblies, and permission was
generally approved prior to the August 6 coup. Following the coup,
public demonstrations with varying levels of violence, both supporting
and opposing the coup, were reported around the country with varying
levels of violence. There were a number of incidents in which security
forces forcefully dispersed opposition demonstrations.
On August 13, police used tear gas to disperse a group of women
marching against the coup in front of the National Assembly; one
demonstrator was injured. On August 18, police used tear gas to
disperse another group of opposition protesters and injured one person.
On August 18, Nouakchott authorities denied a protest permit to the
National Front for the Defense of Democracy (FNDD), an opposition party
coalition, despite granting a permit to a projunta group on the same
day. On the same day, authorities in Aleg also denied protest permits
to opposition members.
On August 19, police dispersed a trade union protest in Nouakchott
with tear gas and clubs. Police also arrested the union's secretary
general, Samory O. Beye, and released him on the same day.
On October 5 and 7, Nouakchott police dispersed with tear gas and
use of force an opposition group's anticoup protest after authorities
denied the group's permit.
On October 15, opposition groups attempted a public anticoup
protest in Nouakchott without approval from authorities. Police again
dispersed the crowds with tear gas and the use of force, reportedly
injuring two demonstrators.
Freedom of Association.--The law provides for freedom of
association, and the Government generally respected this right.
All political parties and local NGOs must register with the
Ministry of the Interior, while all international NGOs must register
with the Ministry of Economic Affairs and Development. The Government
encouraged local NGOs to join the Civil Society Platform, a government-
sponsored entity implemented in January. NGOs that are members of the
platform do not receive government funding. Some NGOs maintained that,
after the coup, the platform became a collection of procoup
organizations.
The country has approximately 55 registered political parties and
numerous NGOs, which generally functioned openly, issued public
statements, and chose their own leadership. The Government did not
prevent unrecognized political parties or NGOs from functioning.
However, on August 6, police raided the headquarters of the PNDD/Adil,
the party of President Abdallahi. Police also arrested and later
released without charge the party's president, former prime minister
Waghef, and its vice president, Ahmed Ould Sidi Baba.
c. Freedom of Religion.--The constitution establishes the country
as an Islamic republic and decrees that Islam is the religion of its
citizens and the state. The Government continued to prohibit
proselytizing by non-Muslims and the printing and distribution of
Bibles and other non-Islamic religious materials. However, the
possession of Bibles and other Christian religious materials in private
homes was not illegal. Bibles and other religious publications were
available among the small Christian community, which was composed
almost entirely of expatriates. There was a multidenominational church
in Nouakchott with a regular schedule of services.
The Government did not register religious groups, although NGOs-
including humanitarian and development NGOs affiliated with religious
groups-had to register with the Ministry of the Interior. The
Government continued to restrict Protestant groups from meeting in
members' homes until they received official recognition.
Societal Abuses and Discrimination.--A very small number of
expatriates practiced Judaism.
On February 1, terrorists affiliated with al-Qa'ida shot at the
Israeli Embassy and adjacent buildings. The democratic government under
President Abdallahi publicly condemned the attack. Five persons were
reportedly injured. Nine suspects were arrested and were still held in
prison by year's end without trial.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation. The Government generally respected these rights, but
persons lacking identity cards could not travel freely in some regions.
Since the August coup, HSC authorities reportedly restricted
international travel of some opposition members.
The Government set up roadblocks where gendarmerie, police, or
customs officials checked the papers of travelers and often demanded
bribes. During the year the Government maintained fewer roadblocks and
reduced the time taken in questioning and conducting vehicle searches;
however, there were periodic reports of more stringent searches in the
southern border areas and in the eastern regions where the group al-
Qa'ida in the Islamic Maghreb (AQIM) was active.
The law does not prohibit forced exile, and there were no reports
that the Government used it.
On January 2, President Abdallahi by decree created the agency
ANAIR, whose mandate is to ensure the integration of repatriated
refugees, provide administration and identification support, and
contribute to social and economic development of resettlement areas.
The majority of Afro-Mauritanian returnees were unable to obtain
identity cards. Although Abdallahi's government worked in good faith to
reintegrate refugees, the military junta under General Aziz attempted
to create divisions within the refugee community.
The Government cooperated with the UNHCR and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, returning refugees, asylum seekers, stateless
persons, and other persons of concern; however, the Government lacked
resources to effectively support these persons. According to the UNHCR,
approximately 4,670 Afro-Mauritanian refugees returned during the year
as part of a national repatriation program. These were among the
estimated 25,000 to 34,000 Afro-Mauritanians who took refuge in Senegal
and Mali during the 1989-91 expulsion.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees or its 1967 protocol, or the 1967
African Union Convention on the Status of Refugees, but a prior
government established a system for providing such protection. In
practice the Government provided protection against the expulsion or
return of refugees to countries where their lives or freedoms would be
threatened. The Government provided protection to approximately 1,000
refugees during the year.
During the year the Government worked to assist the UNHCR, the
European Commission, and the Government of Spain in returning migrants
attempting to enter the Canary Islands by sea to their countries of
origin. The Government operated a migrant reception center in the
Dahklet Nouadhibou region, with assistance of the Mauritanian Red
Crescent and Spanish Red Cross, to process returned migrants and to
provide nutritional and medical care. The Government gave the UNHCR
access to returned migrants to determine if they were eligible for
refugee status. In view of freedom of movement agreements with the
Economic Community of West African States, the Government allowed West
African migrants to remain, deporting only those found in the act of
attempting illegal travel to the Canary Islands.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides for universal direct and indirect
suffrage, a republican government, and the regular election of the
president and legislature. However, on August 6, a group of military
officers led by General Aziz seized power from democratically elected
President Abdallahi in a bloodless military coup. The military
authorities, also known as the HSC, supplanted the office of the
president while retaining the parliament and appointing a new prime
minister. However, the HSC issued a decree in which it reserved the
right to exercise legislative authority as well if it deems the
legislature ineffective.
Elections and Political Participation.--The country enjoyed a
peaceful transition to democratically elected government for the first
time in its history with the March 2007 election of President
Abdallahi, who won 53 percent of the vote. National and international
observers judged the election as free and fair.
The 95-person National Assembly includes representatives from 12 of
the 25 parties that contested the 2006 legislative elections as well as
41 independents.
There were 15 women in the National Assembly and eight women in the
Senate. During the year there were four women and seven to 10 ethnic
minority members in each of the three successive cabinets. The HSC's
cabinet included two women and seven ethnic minorities.
The electoral law requires that legislative candidate lists to be
at least 20 percent women, which resulted in the election of
approximately that percentage in the National Assembly.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
enforce the law effectively, and officials often engaged in corrupt
practices with impunity. Corrupt practices were widely believed to
exist at all levels of government, and the World Bank governance
indicators reflected that corruption was a serious problem. Government
officials reportedly received frequent favors from authorities, such as
unauthorized exemption from taxes, special grants of land, and
preferential treatment during bidding on government projects.
Corruption was most pervasive in government procurement, bank loans,
fishing license distribution, land distribution, and tax payments. The
Government did not enforce the requirement for senior officials,
including the president, to publicly declare their personal assets.
Members of the HSC did not declare their personal wealth during the
year. On September 2, parliamentary members elected officials from
among themselves to sit on the HCJ, which should be composed of
parliamentary members proposed by the president and confirmed by the
National Assembly.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Several domestic and international human rights groups generally
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were
somewhat cooperative and responsive to their views.
Major local human rights organizations included the Mauritanian
Association of Human Rights (AMDH), the Mauritanian League of Human
Rights (LMDH), SOS Esclaves, and the Mauritanian Association for
Maternal and Child Health, all of which were independent NGOs. These
NGOs were also members of several networks or coalitions such as the
National Forum of Organizations for Human Rights (FONADH) and the
National Commission of Human Rights (CNDH). Since the CNDH included
government members, it was not fully independent.
The Government met with local NGO monitors during the year and
cooperated during visits by the UN and ICRC.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law provide for equality for all citizens
regardless of race, national origin, sex, or social status, and
prohibits racial or ethnic propaganda; however, the Government often
favored individuals on the basis of racial and tribal affiliation,
social status, and political ties. Societal discrimination against
women, trafficking in persons, and racial and ethnic discrimination
were problems.
Women.--According to NGOs, the incidence of both reported and
unreported rape continued to be high. Reported rapes in Nouakchott
increased threefold from 25 in 2007 to 75 during the year. Rape,
including spousal rape, is illegal; however, the Government did not
enforce the law effectively. Several cases were reported of wealthy
rape suspects avoiding prosecution or, if prosecuted, avoiding prison
time. National statistics on arrests, prosecutions, and convictions for
rape were unavailable.
Human rights monitors and female lawyers reported few cases of
domestic violence; however, it is thought such cases go largely
unreported. Spousal abuse and domestic violence are illegal; however,
the Government did not usually enforce the law effectively. Penalties
included imprisonment, but convictions were very rare. The police and
judiciary occasionally intervened in domestic abuse cases, but women in
traditional society rarely sought legal redress, relying instead on
family and community leaders to resolve domestic disputes.
Although prostitution is illegal, NGO reporting indicated that it
was a growing problem in some urban areas, particularly among Afro-
Mauritanian and Black Moor women. Trafficking of Chinese women for
brothels catering to foreigners in Nouakchott and Nouadhibou was
reported, although no cases of women seeking assistance were reported.
Traditional forms of mistreatment of women continued, mostly in
isolated rural communities, but these practices appeared to be
declining. One form of such mistreatment was the forced feeding of
adolescent girls (gavage) prior to marriage, which was practiced only
among White Moor tribal groups. Increased government, media, and civil
society attention to the problem led to a marked decline in traditional
views encouraging female obesity despite the health risks.
Women have legal rights to property and child custody, and, among
the more modern and urbanized population, these rights were recognized.
By local tradition, a woman's first marriage requires parental consent.
In accordance with the personal status code, men are required to
request spousal consent before marrying again. Women were encouraged by
government awareness programs to obtain a contractual agreement at the
time of marriage stipulating that the marriage ends if the husband
marries a second wife. This practice was common in Moor society.
Nevertheless, women who do not establish a solid contract remain
unprotected. In practice, polygamy continued to be rare among Moors but
was gaining in popularity. It was common among other ethnic groups.
Arranged marriages were increasingly rare, particularly among the Moor
population. In theory, the legal marriage age in the country is 18 but
the law is rarely enforced and there were reports of child marriages.
Women still faced legal discrimination. According to Shari'a law,
the testimony of two women was necessary to equal that of one man. The
courts grant only half the amount of an indemnity to the family of a
woman who has been killed that they award for a man's death. Formulas
applied to property distribution varied widely from case to case. In
addition the validity of and right to establish prenuptial agreements
was not always respected. The personal status code provides a framework
for the consistent application of secular law and Shari'a-based family
law, but the code had yet to be implemented.
Women did not face legal discrimination in areas not addressed
specifically by Shari'a. The law provides that men and women should
receive equal pay for equal work. While not applied universally in
practice, the two largest employers, the civil service and the state
mining company, observed this law. In the modern wage sector, women
also received family benefits, including three months of maternity
leave.
The Government sought to open new employment opportunities for
women in areas that were traditionally filled by men, such as health
care, communications, police, and customs services. For example, during
the year 35 women were inducted into the National Guard as
noncommissioned officers. Women continued to become more involved in
the fishing industry and established several women's fishing
cooperatives.
The Secretariat for Women's Affairs worked with many NGOs and
cooperatives to improve the status of women. Women's groups and
national and international NGOs organized meetings, seminars, and
workshops throughout the year to publicize women's rights. The
secretariat, in collaboration with the German NGO GTZ, publicized
women's rights and organized workshops regarding their rights.
Children.--The law makes special provision for the protection of
children's welfare, and there were government programs to care for
abandoned children; however, inadequate funding hampered these
programs.
School attendance is mandatory for six years, with full
implementation of universal primary education. Primary student
completion rates increased from 44 percent in 2006-07 to 53 percent in
the 2007-08 school year. Public education was free through university
level. Classes were fully integrated, including boys and girls from all
social and ethnic groups. Children of slave families were allowed to
attend school. There were no legal restrictions on the education of
girls. Almost all children, regardless of gender or ethnic group,
attended Koranic school between the ages of five and seven and gained
at least rudimentary skills in reading and writing Arabic.
FGM was practiced by all ethnic groups and performed on young
girls, often on the seventh day after birth and almost always before
the age of six months. The child protection penal code states that any
act or attempt to damage a female child's sexual organs is punishable
by imprisonment and a 120,000-300,000 ougiya (approximately $460-
$1,153) penalty. The most recent statistics on FGM indicated a decrease
in incidence from 71 percent in 2001 to 65 percent in 2007, and the
practice decreased overall in the urban sector. Local experts agreed
that the least severe form of excision was practiced and not
infibulation, the most severe form.
The Government and international NGOs continued to coordinate anti-
FGM efforts focused on eradicating the practice in hospitals,
discouraging midwives from practicing FGM, and educating the
population. The Government, the UN Population Fund, the UN Children's
Fund (UNICEF), and the national Imams' Association joined other civil
society members to emphasize the serious health risks of FGM and that
FGM was not a religious requirement. Government hospitals and licensed
medical practitioners were barred from performing FGM, and several
government agencies worked to prevent others from performing the
practice. According to several women's rights experts, the campaign
against FGM appeared to be changing attitudes towards the practice. In
October the National Assembly held a series of provincial meetings,
supported by UNICEF, which focused on children's rights and included
discussions of FGM.
Local NGOs estimated that there were approximately 400 street
children, largely as a result of poverty and the urbanization of
formerly nomadic families. The Government and at least one NGO worked
to assist families with street children and to encourage their school
attendance.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that persons were trafficked
to, from, and within the country. There were no available estimates on
prosecutions or sentencing of traffickers during the year.
Young boys known as talibes were trafficked within the country and
from Mali and Senegal for forced begging by religious teachers called
marabouts. Children were trafficked by street gang leaders within the
country, who forced them to steal, beg, and sell drugs. Girls were
trafficked internally and from Senegal and Mali for domestic servitude.
There were reports that children were trafficked for forced labor in
agriculture, construction fishing, and cattle herding.
The labor code includes criminal penalties for human trafficking in
all of its recognized forms.
The country was a source and destination for men, women, and
children. There were reports that young girls were trafficked to the
Gulf States and held as servants, sex slaves, or prostitutes. UNICEF,
the Ministry of Justice, and the Government of the United Arab Emirates
(UAE) continued collaborative efforts to repatriate and provide
compensation for Mauritanian children trafficked to the UAE as camel
jockeys. According to UNICEF, the UAE compensated 497 child jockeys
between 260,000-1,560,000 ouguiyas (approximately $1,000-$6,000) per
child. The UAE also provided 260,000,000 ouguiyas ($1 million) towards
a social reinsertion and poverty reduction program for the children and
their communities.
According to NGOs, slavery-related practices, and slavery itself,
persisted in isolated areas of the country where a barter economy still
prevailed (See Section 6.c.).
Government assistance and protection services for trafficking
victims remained limited, with most resources going towards prevention
in the form of training for police, gendarmes, and legal officials to
better identify, investigate, and convict traffickers. For at least
part of the year, the Government and UNICEF continued to jointly fund
six centers in Nouakchott that provided care to indigent children, many
of whom were talibes. These centers, however, did not operate
efficiently. In addition human rights organizations criticized the
special police unit established to protect talibes for not enforcing
the laws.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in education, employment, or the
provision of other state services, and there were no reports of
governmental or societal discrimination against persons with
disabilities. The Government did not mandate preference in employment
or education or public accessibility for persons with disabilities,
although it did provide some rehabilitation and other assistance for
such persons.
National/Racial/Ethnic Minorities.--Ethnic minorities faced
governmental discrimination. The inconsistent issuance of national
identification cards, which were required for voting, effectively
disenfranchised numerous members of southern minority groups. Racial
and cultural tension and discrimination also arose from the geographic
and cultural divides between Moors and Afro-Mauritanians. The Moors are
divided among numerous ethnolinguistic tribal and clan groups and
further distinguished as either White Moor or Black Moor, although it
is often difficult to distinguish between the two by skin color. White
Moor tribes and clans, many of whom are dark-skinned after centuries of
intermarriage with Berbers and sub-Saharan African groups, dominated
positions in government and business. The Black Moors (also called
Haratines or freed slaves) remain politically and economically weaker
than White Moors. Afro-Mauritanian ethnic groups, comprising the
Halpulaar (the largest non-Moor group), Wolof, and Soninke, are
concentrated in the south and urban areas. Afro-Mauritanians are
underrepresented in the military and security sectors.
The constitution designates Arabic as the official language and
Arabic, Pulaar, Soninke, and Wolof as the country's national languages.
The Government continued to encourage French and Arabic bilingualism
within the school system, as opposed to previous efforts at
``Arabization.'' Neither Afro-Mauritanian national languages nor the
local Hassaniya Arabic dialect are used as languages of instruction.
Ethnic rivalry contributed to political divisions and tensions.
Some political parties tended to have readily identifiable ethnic
bases, although political coalitions among them were increasingly
important. Black Moors and Afro-Mauritanians continued to be
underrepresented in mid-to high-level public and private sector jobs.
Other Societal Abuses and Discrimination.--There was no evidence of
either societal violence or systematic government discrimination
directed at practicing homosexuals. Although Shari'a outlaws
homosexuality under certain conditions, secular laws do not.
There was no evidence of systematic discrimination by either
society or the Government against persons with HIV/AIDS; however,
taboos and beliefs associated with the disease caused victims in some
areas to face isolation or exclusion. Although the official HIV-
positive rate was estimated at less than 1 percent, it was likely to be
significantly higher because of the stigma related to the disease, the
lack of viable health statistics, and the impression that victims are
guilty of violating Islamic practices.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form and
join unions of their choice without authorization or excessive
requirements, and workers exercised this right. The law also provides
for freedom of association, and workers exercised this right in
practice. All workers except members of the military and police were
free to associate in and establish unions at the local and national
levels. The majority of the labor force was in the informal sector,
with most workers engaged in subsistence agriculture and animal
husbandry; only 25 percent were employed in regularly paid positions.
Nearly 90 percent of industrial and commercial workers, however, were
unionized.
To be legally recognized, a union must have the authorization of
the public prosecutor, who can provisionally suspend a trade union at
the request of the Ministry of the Interior if it believes that the
union has not complied with the law. The Government has the power to
decide whether to recognize a trade union.
The law provides workers with the right to strike, and workers
exercised this right during the year. The Government can dissolve a
union for what it considered an illegal or politically motivated
strike; however, no unions were disbanded during the year. Workers must
provide advance notice of at least 10 working days for any strike.
Workers are not allowed to hold sit-ins, or block nonstriking workers
from entering work premises.
b. The Right to Organize and Bargain Collectively.--The law
provides that unions may organize workers freely without government or
employer interference, and workers exercised this right in practice.
Laws provide workers with protection against antiunion
discrimination; however, national human rights groups reported that
authorities did not actively investigate alleged antiunion practices in
some private firms owned by very wealthy citizens.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, men, women,
and children were trafficked for purposes of forced labor. The
antislavery law criminalizes the practice of slavery and imposes
penalties on government officials who do not take action on reported
cases; however, no cases were prosecuted during the year. The labor
code also includes criminal penalties for contracting to benefit from
forced labor and for exploiting forced labor as part of an organized
criminal network. Slavery-related practices, typically flowing from
ancestral master-slave relationships, continued in isolated parts of
the country where a barter economy existed, education levels were
generally low, and a need existed for herding livestock, tending
fields, and other manual labor. Some individuals considered themselves
either slaves or masters and were unaware that slavery had been
abolished. Human rights groups reported that persons in slave-like
relationships were persuaded by their masters to deny the relationship
to activists.
Voluntary servitude continued, with some former slaves and
descendants of slaves continuing to work for former masters in exchange
for some combination of money, lodging, food, or medical care. The
reasons for the persistence of such practices varied widely among the
different ethnic groups; however, a barter economy, poverty, and
persistent drought provided few economic alternatives for many and left
some former slaves and descendants of slaves vulnerable to exploitation
by former masters. Adult females with children faced greater
difficulties and could be compelled to remain in a condition of
servitude, performing domestic duties, tending fields, or herding
animals.
There were reports that some former slaves continued to work for
their former masters or others without remuneration to retain access to
land they traditionally farmed. Although the law provides for
distribution of land to the landless, including to former slaves, it
has been enforced in only a few cases. Deeply embedded psychological
and tribal bonds also made it difficult for many individuals, who had
generations of forebears who were slaves, to break their bonds with
former masters or their tribes. Some persons continued to link
themselves to former masters because they believed their slave status
had been divinely ordained and they feared religious sanction if that
bond were broken. Former slaves often performed manual labor in
markets, airports, and ports.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law provides that children cannot be employed before the age of 14 in
the nonagricultural sector or under age 13 in the agricultural sector
unless the minister of labor grants an exception due to local
circumstances; however, child labor in some parts of the informal
sector was common and a significant problem, particularly within poorer
inner-city areas. The law states that employed children between the
ages of 14 and 16 should receive 70 percent of the minimum wage and
that those between the ages of 17 and 18 should receive 90 percent of
the minimum wage.
The law prohibits all forms of trafficking in persons; however,
there were reports that children were trafficked to, from, and within
the country for the purpose of forced labor.
Several reports suggested that young girls from remote regions, and
possibly from western Mali, worked as unpaid housemaids in some wealthy
urban homes. An unknown number of young talibes, nearly all from
Halpulaar tribes, begged in the streets as part of an arrangement with
marabouts for receiving religious instruction. There were reliable
reports that a small number of marabouts forced their talibes to beg
for over 12 hours a day and provided them with insufficient food and
shelter. The Government continued a program to reduce the number of
talibes and partnered with NGOs to provide talibes with basic medical
and nutritional care.
Young children in the countryside were commonly employed in
herding, cultivation of subsistence crops, such as rice, millet, and
sorghum, fishing, and other significant labor in support of their
families' activities. Young children in urban areas often drove donkey
carts and delivered water and building materials. In keeping with
longstanding tradition, many children served apprenticeships in small
industries, such as metalworking, carpentry, vehicle repair, masonry,
and in the informal sector. Reporting by some human rights NGOs,
including SOS-Esclaves, strongly suggested that domestic employment of
girls as young as seven, often unpaid, continued to be a problem. There
was no child labor in the modern industrial sector.
There was a labor inspectorate with the authority to refer
violations directly to the appropriate judicial authorities, but the
eight regional inspectors and 30 inspector/controllers lacked the basic
resources, such as transport and office equipment, needed to enforce
existing child labor and other labor laws.
e. Acceptable Conditions of Work.--The nationally mandated minimum
monthly wage for adults, which was not enforced, was 21,150 ouguiya
(approximately $81), which did not provide a decent standard of living
for a worker and family. All workers are covered by the minimum wage
law.
The standard, legal, nonagricultural workweek could not exceed
either 40 hours or six days without overtime compensation, which was
paid at rates that were graduated according to the number of
supplemental hours worked. Domestic workers and certain other
categories could work 56 hours per week. Employees must be given at
least one 24-hour period of rest per week. There are no legal
provisions regarding compulsory overtime.
The Labor Directorate of the Ministry of Labor is responsible for
enforcement of the labor laws, but there was a lack of effective
enforcement due to inadequate funding.
The Government set health and safety standards. The Ministry of
Labor was responsible for enforcing these standards, but did so
inconsistently due to inadequate funding. In principle workers could
remove themselves from hazardous conditions without risking loss of
employment, but in practice they could not.
__________
MAURITIUS
Mauritius is a constitutional parliamentary democracy of
approximately 1.2 million citizens governed by a prime minister, a
council of ministers, and a National Assembly. In 2005 the Social
Alliance, a coalition led by Prime Minister Navinchandra Ramgoolam,
defeated the party alliance of the Mauritian Militant Movement (MMM)
and the Militant Socialist Movement (MSM) in national elections judged
by international and local observers to be generally free and fair.
Civilian authorities generally maintained effective control of the
security forces.
The Government generally respected the human rights of its
citizens; however, the following human rights problems were reported:
security force torture and abuse of suspects and detainees; prison
overcrowding; harassment and intimidation of journalists; official
corruption; violence and discrimination against women; abuse and sexual
exploitation of children; discrimination against persons living with
HIV/AIDS; restrictions on labor rights, antiunion discrimination,
forced labor, including by children, and child labor.
As part of a series of measures to reform the judiciary, reduce
caseloads in the Supreme Court, and improve the previously fragmented
approach to family law, the Government established the Family Court,
which became operational on January 7.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
On August 29, the four police officers involved in the 2006 death
in custody of Rajesh Ramlugon were charged with abuse of authority and
concealing evidence; the case was ongoing at year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there continued to be reports of police abuses.
Prison and Detention Center Conditions.--There were reports of
torture and abuse of prisoners, overcrowding, and drug abuse in
prisons. The maximum security prison, which was closed in October 2007
following a visit of the UN Subcommittee on the Prevention of Torture,
reopened on May 16 after a follow-up visit by the subcommittee. The
Central Prison, which has a capacity of 677, held 1,048 prisoners. On
May 22, three detainees at the maximum security prison were
hospitalized following a fight between two rival groups.
Unlike in the previous year, there were no reports that prisoners
died from poor medical care, although 17 died from natural causes.
During the year the independent National Human Rights Commission
(NHRC), which accompanied the UN Subcommittee on the Prevention of
Torture during their 2007 prison visits to the country and Rodrigues
Island, registered eight complaints from prisoners.
The Government permitted prison visits by independent observers,
including the press, NHRC, local nongovernmental organizations (NGOs),
and the UN. Local NGO Association Kinouete also ran programs to
rehabilitate prisoners.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--The police force is
headed by a police commissioner who has authority over all security and
police forces, including the Coast Guard and Special Mobile Forces, a
paramilitary unit that shares responsibility with police for internal
security. The police commissioner reports directly to the Prime
Minister's Office. Police corruption and abuse of detainees were
problems. The NHRC investigates allegations of police abuses and may
report such cases to the Office of the Director of Public Prosecutions
(DPP), an independent entity. As of August the NHRC had received 68
complaints of physical or verbal abuse by police: 29 complaints were
withdrawn or dismissed for lack of substantiation; 10 cases were
referred to the appropriate authorities for follow up; and 29 cases
remained under investigation.
The Police Complaints Investigation Bureau registered three cases
of corruption against police officers during the year; the Governmental
Independent Commission Against Corruption registered 70 complaints of
corruption against police officers.
The investigation continued into the September 2007 arrest of a
police officer in the Passport and Immigration Office for aiding four
undocumented persons to transit the country.
Orientation training for all new police recruits included a segment
on human rights; management officers were required to take a refresher
course, which was offered several times yearly. More than 200 qualified
candidates participated in human rights courses during the year.
Arrest and Detention.--The constitution and law require arrest
warrants and that the accused be read his/her rights, including the
right to remain silent and the right to an attorney. The law requires
that suspects be brought before the local district magistrate within 48
hours. Police generally respected these rights, although police
sometimes delayed suspects' access to defense counsel. Minors and those
who did not know their rights were less likely to be provided prompt
access. Detainees have prompt access to family members. Indigent
detainees were provided an attorney at state expense. A suspect can be
detained for up to a week, after which the issue of bail is brought
before a magistrate. Alternatively, if police concur, the accused may
be released on bail the same day as the arrest. Individuals charged
with drug trafficking may be detained for up to 36 hours without access
to legal counsel or bail.
Due to a backlogged court system, approximately one-third of the
prison population was in pretrial detention. Pretrial detainees
generally remained in remand for three to four years before being
tried. Time served in remand did not apply to subsequent sentences.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice.
The country's judicial system consists of the Supreme Court, which
has appellate powers, and a series of lower courts. The Supreme Court
has a chief justice and 16 other judges who also serve on the court of
criminal appeal, and the court of civil appeal. Magistrates sit on the
intermediate court, the industrial court, and the 10 District Courts.
Final appeal may be made to the Privy Council in the United Kingdom.
The DPP determines which court hears particular cases based on the
severity of the crime and anticipated punishment. Crimes carrying the
death penalty or life imprisonment are sent to the Supreme Court, while
crimes of medium severity are sent to intermediate courts and lesser
crimes to District Courts.
As part of a series of measures to reform the judiciary, reduce the
caseload burden on the Supreme Court, and improve upon the previously
fragmented approach to family law, the Family Court became operational
on January 7. Two full-time judges are assigned to the Family Court,
which hears cases of divorce, child custody, and rights of access and
alimony.
Trial Procedures.--Defendants enjoy a presumption of innocence, and
trials are public. Juries are only used in murder trials. Defendants
have the right to be present and to consult an attorney in a timely
manner. An attorney is provided at public expense when indigent
defendants face serious criminal charges. Defendants can confront or
question witnesses against them or present witnesses and evidence on
their behalf. Defendants and attorneys have access to government-held
evidence relevant to their cases, and defendants have a right of
appeal. These rights were respected in practice, although an extensive
case backlog delayed the process, particularly for obtaining
government-held evidence.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters. The constitution provides
for an ombudsman to investigate complaints from the public and members
of the parliament against government institutions and to seek redress
for injustices committed by a public officer or authority in official
duties as an alternative to the court system.
Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice; however, police intimidated radio
journalists, and officials used libel laws to suppress media criticism
of political leaders.
The independent media was active and expressed a wide variety of
views without restriction. There were four daily and 12 weekly
newspapers and three private radio stations that offered diverse
political viewpoints.
Unlike the previous year, there were no arrests of journalists. On
March 15, however, police interrogated two private radio journalists
for three hours after they reported that the weekly ministers' cabinet
meeting was cancelled because the prime minister was sick.
On July 1, the State Law Office requested that the charges for
diffusion and publishing of false news be dropped against two radio
journalists and a newspaper chief editor who, in November 2007,
reported an alleged racketeering case involving the police. On August
18, the State Law Office withdrew the libel charges and dropped the
suit.
The Government owned and regulated the sole domestic television
network, and opposition parties and media experts regularly criticized
the station for its progovernment bias and unfair coverage of national
assembly debates. International television networks were available by
subscription or via a cable box.
Internet Freedom.--Unlike the previous year, when the Government
blocked access to an international social networking site, there were
no government restrictions 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, on June
7, police seized five copies of the Salman Rushdie novel, The Satanic
Verses, from a bookstore and fined the owner 10,000 rupees ($333); the
book has been banned since 1989.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
Foreign missionary groups were allowed to operate on a case-by-case
basis. Although there were no regulations restricting their presence or
proselytizing, each missionary was required to obtain both a resident
permit and a work permit. The Prime Minister's Office must approve
issuance of these documents, and in practice there were limits on the
number of missionaries issued the requisite permits.
Societal Abuses and Discrimination.--There were reports of
increasing animosity among the Hindu population towards the Assembly of
God Church due to its proselytizing and the high rate of conversion
among Hindus. Societal animosity was also directed toward missionaries
from the Church of Jesus Christ of Latter-day Saints.
Approximately 120 Jews resided in the country. On August 17, there
were reports of graffiti proclaiming support for Osama Bin Laden and
Hamas written on the walls of the local Jewish community organization's
headquarters.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has not established a system for providing protection to
refugees. However, the Government has cooperated with the UN High
Commission for Refugees and has not expelled or returned refugees to
countries where their lives or freedom would be threatened. The
Government did not grant refugee status or asylum.
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.--According to international
and local observers, the 2005 national elections were generally free
and fair, with the opposition Social Alliance defeating the ruling MMM-
MSM alliance. Political parties operated without restriction or outside
interference.
There were 12 women in the 71-seat National Assembly. Following the
September cabinet reshuffle, there were two female ministers in the 22-
member cabinet.
Although historically the Hindu majority dominated politics, no
groups were excluded from the political system. Authorities required
national assembly candidates to identify themselves with one of four
ethnic groupings: Hindu, Muslim, Sino-Mauritian, or general population.
For this purpose, ``general population'' refers to the Creole and
Franco-Mauritian communities. Based on these categories, in the
National Assembly there were 41 Hindus, 19 members of the general
population, 10 Muslims, and one Sino-Mauritian. In the cabinet there
were 15 Hindus, three Muslims, three members of the general population,
and one Sino-Mauritian.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, but the Government did not implement
these laws effectively. There was a widespread public perception of
corruption in the legislative and executive branches. The World Bank's
Worldwide Governance Indicators reflected that corruption was a
problem.
On September 5, police arrested and released on bail the chairman
of the Mauritius Ports Authority following an investigation into
allegations that he had accepted 25,000 euros ($35,000) from a Dutch
company that obtained a 2006 contract to dredge the harbor. The
Government dismissed the chairman, and the investigation continued at
year's end.
The Governmental Independent Commission Against Corruption, which
investigates allegations of corruption, received one complaint of
corruption against an immigration official; the case was under
investigation at year's end.
Ministers and commissioners are required to make a disclosure of
family assets, including assets of spouses and children, upon taking
office and at the dissolution of the National Assembly or of the
Regional Assembly.
The law provides for access to government information, and the
Government generally complied with requests from noncitizens and
foreign media as well as from citizens.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were often cooperative and responsive to their views.
Local human rights NGOs worked to assist persons with HIV/AIDS,
rehabilitate former prisoners, promote women's rights, and support the
lesbian, gay, bisexual, and transgender community. The Government
regularly consulted NGOs in formulating policy and worked in
partnership with UN bodies and the local branch of Amnesty
International.
An ombudsman is appointed by the president to investigate
complaints against public servants, police officers, and prison guards.
Investigations may be initiated by individual citizens, cabinet
ministers, or members of the National Assembly.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives or other
organizations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law specifically prohibit discrimination on
the basis of race, caste, place of origin, political opinion, color,
gender, disability, or language, and the Government generally enforced
these provisions. Some societal discrimination occurred.
Women.--The law prohibits rape, including spousal rape, and the
police and judicial system enforced the law. Rape is punishable by up
to eight years' imprisonment. By October there were 52 rape cases
reported to the police, of which 31 were prosecuted, convicted, or
punished during the year. Many victims chose not to report or prosecute
their attackers due to cultural pressures and fear of retaliation.
The law criminalizes domestic violence; however it was a major
problem. Domestic violence activists complained that police did not
effectively enforce the law. More than 5,000 domestic violence cases
were reported during the year. Anyone found guilty of violating a
Protection Order may be fined up to 25,000 rupees ($754) or imprisoned
for up to two years. The local NGO SOS Femmes reported that women
remained in abusive situations for fear of losing financial support and
that few filed complaints against their abusers. The Ministry of
Women's Rights, Child Development, and Family Welfare maintained an
abuse hotline and a Web page on legal protections for victims.
Prostitution is illegal; however, it was prevalent.
The law prohibits sexual harassment, but it occurred. Sexual
harassment is punishable by up to two years' imprisonment. During the
year the Sex Discrimination Division of the NHRC received 49
complaints, of which nine involved sex discrimination and nine involved
sexual harassment; 19 of the 49 cases remained under investigation at
year's end.
Women played subordinate roles in society, and societal
discrimination continued; however, women had equal access to education,
employment, and government services. Women had equal access to credit
and to own or manage businesses; however, women's rights activists
reported that women were paid less than men in the private sector. The
law criminalizes the abandonment of one's family or pregnant spouse for
more than two months and the nonpayment of court-ordered food support.
The law affords women broadly defined wage protections, and authorities
generally respected the law in practice. The law protects women from
being forced to carry loads above certain weight limits; however,
remuneration is based on the amount that one was able to carry during a
period of time, so women in agriculture were often paid less than men.
Children.--The Government placed strong emphasis on the health and
welfare of children and displayed a commitment to expand educational
opportunities for children.
Child abuse was more widespread than was acknowledged publicly,
according to NGOs. The law criminalizes certain acts compromising the
health, security, or morality of a child, although the Government was
unable to enforce complete compliance with the law. The state-funded
National Children's Council and the Ministry of Women's Rights, Child
Development, and Family Welfare provided counseling, investigated
reports of child abuse, and took remedial action to protect affected
children. The Police Unit for the Protection of Minors conducted public
education programs on the sexual abuse of minors.
On July 1, police arrested three men for sexually exploiting a 12-
year-old girl. On June 14, a woman was arrested for sexually exploiting
a 13-year-old girl, and on January 12, authorities arrested a foreign
resident for sexually exploiting a 12-year-old girl with the consent of
her aunt and uncle. All three cases were under investigation at year's
end.
Child prostitution was a problem, and the Government targeted the
practice as a law enforcement and prevention priority. There were
reports that some schoolgirls, independent of third party involvement,
engaged in prostitution for spending money.
Trafficking in Persons.--The law prohibits trafficking in persons,
and there were no reports that persons were trafficked to or from the
country; however, there were reports of child prostitution within the
country. The law provides for up to 15 years' imprisonment for
trafficking in persons. There were reports that some schoolgirls
voluntarily worked in conjunction with prostitution rings, while others
were forced into prostitution by family members.
The Ministry of Women's Rights, Child Development, and Family
Welfare maintained a hotline for reporting cases of child prostitution.
The ministry also conducted information campaigns on child trafficking
for NGOs, high school students, women, and other community leaders. The
Minors Brigade and the Family Protection Unit conducted information
campaigns on child prostitution and child sexual abuse for high school
students and the population in general. The police sought ways to
prevent child prostitution and prosecuted four cases during the year.
The Government drop-in center provided shelters, counseling, and
education for victims of child prostitution.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities, and the Training and Employment of
Disabled Persons Board effectively enforced it; however, the law does
not require that work sites be accessible to persons with disabilities,
making it difficult for persons with disabilities to fill many jobs.
The Government effectively implemented a 2005 law mandating access to
buildings for persons with disabilities. The law requires organizations
that employ more than 35 persons to set aside at least 3 percent of
their positions for persons with disabilities.
Other Societal Abuses and Discrimination.--The law protects the
rights of persons living with HIV/AIDS from stigmatization and
discrimination; however, there were reports of discrimination against
such persons and their relatives.
During the year the local NGO PILS, which deals with HIV/AIDS
issues, recorded 210 cases of discrimination against HIV/AIDS patients,
including denial of access to public health care services. PILS relayed
such cases to the Ministry of Health and Quality of Life, which
initiated investigations of the doctors.
On April 12, the Government amended the Immigration and Civil
Status Acts to allow foreign citizens with HIV/AIDS to marry citizens;
the law followed a public outcry over the case of a foreign citizen who
was denied permission to marry a citizen due to her HIV/AIDS status.
Incitement to Acts of Discrimination.--During an August 21
political rally, the secretary general of the Mauritius Labor Party
referred to the former director of customs, a Canadian citizen, as a
``worthless foreigner.'' In a 2000 political rally, the same official
criticized the white skin of the then-minister of finance and urged
party members to vote for their Hindu culture, religion, and language.
Section 6. Worker Rights
a. The Right of Association.--The constitution and the law provide
for the right of workers to form and join unions of their choice
without previous authorization or excessive requirements, and workers
exercised this right in practice. With the exception of police, the
Special Mobile Force, and persons in government services who were not
executive officials, workers were free to form and join unions and to
organize in all sectors, including in the Export Processing Zone (EPZ);
however, the law grants authorities the right to cancel a union's
registration if it fails to comply with certain legal obligations.
Approximately 350 unions represented 115,000 workers, and 16 major
labor federations served as umbrella organizations for smaller unions.
The unionized workforce represented approximately 20 percent of the
labor force.
The law allows unions to conduct their activities without
government interference and provides for the right to strike; however,
there are restrictions, and the prime minister may declare any strike
illegal if he considers that it ``imperils the economy.'' Before
declaring a strike, the law requires a 21-day cooling-off period
followed by binding arbitration; in practice, this made most strikes
illegal. The Government has 21 days to respond to any labor dispute and
refer it to either the Permanent Arbitrary Tribunal or the Industrial
Relations Commission; if the Government does not respond within this
time frame, the proposed strike can proceed. Worker participation in an
unlawful strike is sufficient grounds for dismissal, but workers may
seek remedy in court if they believe that their dismissals were
unjustified. Foreign workers who participated in strikes could be
deported.
b. The Right to Organize and Bargain Collectively.--The law
protects collective bargaining, and workers exercised this right. The
National Remuneration Board (NRB), whose chairman was appointed by the
minister of labor, set minimum wages for non-managerial workers,
although most unions negotiated wages higher than those set by the NRB.
The law prohibits antiunion discrimination; however, the Government
did not always protect this right. For example, as of September 24, the
Federation of Parastatal Bodies and Other Unions registered six cases
of employees suspended or dismissed for their trade union activities.
The law does not provide for the reinstatement of dismissed employees;
however, employees can resort to the Industrial Relations Court to seek
redress.
National labor laws cover EPZ workers; however, there are some EPZ-
specific labor laws that condone longer working hours, including the
provision for 10 hours per week of mandatory paid overtime at a higher
wage than for ordinary working hours. Some employers reportedly
established employer-controlled work councils for EPZ workers,
effectively blocking union efforts to organize at the enterprise level.
Approximately 67,000 persons worked in the EPZ; only 10 percent
belonged to unions.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that child labor occurred. The Ministry of Labor, Industrial
Relations, and Employment (MOL) recorded one case of child labor during
the year; the child was employed as a household servant.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children below 16 years of age and
prohibits the employment of children between 16 and 18 years old from
work that is dangerous, unhealthy, or otherwise unsuitable for young
persons. While the Government generally respected this law, child labor
occurred. According to the law, the penalties for employing a child are
a fine of no more than 2,200 rupees ($66) and imprisonment not to
exceed one year.
Children worked in the informal section as street traders, in small
businesses, in restaurants, in agriculture, and in small apparel
workshops.
The MOL is responsible for the enforcement of child labor laws and
conducted frequent inspections; however, it employed only 45 inspectors
to investigate all reports of labor abuses, including those of child
labor. During the year a man was prosecuted and fined 6,000 rupees
($181) for employing five underage teenagers to work as apparel vendors
in 2007.
The MOL developed vocational training programs to prevent
employment of underage children.
e. Acceptable Conditions of Work.--The Government established
minimum wages, which varied by sector, and mandated that the minimum
wage rise each year based on the inflation rate. The minimum wage for
an unskilled worker in the EPZ was approximately 562 rupees ($17) per
week, while the minimum wage for an unskilled factory worker outside
the EPZ was approximately 734 rupees ($22) per week. Although these
wages did not provide a decent standard of living for a worker and
family, the actual market wage for most workers was much higher due to
a labor shortage and collective bargaining. The MOL effectively
enforced minimum wage law.
The standard legal workweek in the industrial sector was 45 hours.
According to the Mauritius Labor Congress, 10 hours of overtime a week
is mandatory at certain textile factories in the EPZ. By law no worker
can be forced to work more than eight hours a day, six days a week.
Those who work more than their stipulated hours must be remunerated at
one and a half times the normal salary. Those who work during their
stipulated hours on public holidays are remunerated at double their
normal salary. For industrial positions, workers are not permitted to
work more than 10 hours a day. If the worker has worked until or past
10 p.m., the employer cannot require work to resume until at least 11
hours have elapsed. These standards were generally enforced. Unions
have reported cases of underpayment for overtime in the textile and
apparel industries due to differences in existing legislation and
remuneration orders for the calculation of overtime hours.
The Government set health and safety standards, and MOL officials
inspected working conditions; however, the inadequate number of
inspectors limited the Government's enforcement ability. Voluntary
employer compliance with safety regulations helped reduce the number of
occupational accidents, with the ministry reporting a general trend
downward in the number of industrial accidents over the past 10 years.
Workers had the right to remove themselves from dangerous situations
without jeopardizing their continued employment, and they did so in
practice.
__________
MOZAMBIQUE
Mozambique is a constitutional democracy with an estimated
population of 20 million. President Armando Guebuza was elected in 2004
in what national and international observers judged to be generally
free and fair elections, despite some irregularities. The Front for the
Liberation of Mozambique (FRELIMO) has been the ruling political party
since independence in 1975, heavily influencing both policymaking and
implementation. While civilian authorities generally maintained
effective control of the security forces, there were some instances in
which elements of the security forces acted independently.
Incidents of serious human rights abuses in some areas, including
vigilante killings, increased during the year. Security forces
continued to commit unlawful killings although the Government took
steps to prosecute perpetrators. Prison conditions improved, but
remained harsh and life threatening, resulting in several deaths.
Arbitrary arrest and detention as well as lengthy pretrial detention
were problems. An understaffed and inadequately trained judiciary was
inefficient and heavily influenced by the ruling party. Political and
judicial decisions involving independent media outlets constrained
press freedom. Societal problems including domestic violence,
discrimination against women, abuse, exploitation, and forced labor of
children, trafficking in women and children, and discrimination against
persons with HIV/AIDS remained widespread.
respect for human rights
Section 1. Respect for Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
security forces killed several individuals.
Violence as a first resort, excessive use of force, and abuse by
police remained problems. According to a report issued by Amnesty
International in April, police operated ``with a license to kill,'' and
the weak police accountability systems have led to a general climate of
impunity. The nongovernmental organization (NGO) Human Rights League
(LDH) reported that police officers summarily executed 10 citizens
during the first nine months of the year in Maputo and Matola. However,
authorities terminated and, in a few cases, brought criminal charges
against some officers for disciplinary offenses during the year.
Sustained high levels of crime in and around Maputo City,
particularly with the return of nearly 50,000 citizens fleeing violence
in South Africa, and continued violence against police by criminal
gangs were likely factors in the number of unlawful killings committed
by security forces during the year. An overanxious police force
responded with a strong show of force and often resorted to violence.
On February 5, police fired rubber bullets, tear gas, and live
ammunition at demonstrators in Maputo protesting increases in the cost
of living and particularly a rise in bus fares. According to press
reports and police statements, more than 100 persons were injured
(including 68 persons shot by the police), and at least five persons
died from their injuries. Commenting on police actions during the
demonstrations, a police spokesman claimed that police carried out
their duty ``to guarantee public order and tranquility.'' No police
were punished for firing into the crowd.
On February 11, police in Chokwe, Gaza Province, clashed with
protesters demonstrating against the rising cost of living. While
Chokwe authorities stated that one person died during the clashes, an
independent media report insisted that between three and six persons
died. In response to the violence, the Gaza provincial governor claimed
that police had no choice but to respond with force in order to restore
calm to the city.
In August the press reported that a police officer shot and killed
a man in Maputo at point blank range during a personal dispute. A
Maputo police spokesman indicated that an investigation, including a
ballistics examination, was ongoing, and that a criminal proceeding had
been filed against the officer. There were no further developments at
year's end.
In April the Criminal Investigation Police (PIC) released one of
two police officers being held for the December 2007 killing of August
Covilas because his 90-day maximum preventive detention had expired.
The two officers shot and killed Covilas after responding to a report
that his house was being robbed. The investigation of the second
officer was ongoing at year's end.
On July 31, the Maputo City Court sentenced three police officers
to 21 years' imprisonment each and ordered them to pay 600,000 meticais
(approximately $24,000) for the April 2007 killings of Carlos Cossa,
Mustafa Assene Momede, and Francisco Antonio Nhantumbo. While an
initial investigation by the PIC indicated the victims were criminals
who had escaped from a police car, a separate investigation by the
attorney general's office concluded that the shots fired by police were
excessive and discharged at close range, demonstrating intent to kill.
In September a Maputo public prosecutor accused PIC agent Alexandre
Francisco Balate of the August 2007 killing of Abranches Afonso
Penicelo. There were no further developments at year's end.
There were no developments in the 2007 police killing of Juliao
Macul.
There were a few reports of death resulting from police torture.
Unlike in the previous year, there were no reported killings as a
result of torture and other abuses by members of the Community Policing
Councils (CPC), nonstatutory bodies set up by the Mozambican National
Police (PRM) in many districts to prevent crime.
Mine-related accidents resulted in deaths and injuries. The
Government continued to cooperate with international organizations and
donors as well as commercial firms to clear suspected landmine areas.
There were no new developments regarding the investigation into the
2006 killing of leading opposition party Mozambican National Resistance
(RENAMO) deputy Jose Gaspar Mascarenhas by an unknown gunman.
Killings by vigilante groups increased compared with 2007. The LDH
and other civil society groups claimed these killings were related to
the increased cost of living, high unemployment rates, sustained high
levels of crime, lack of police presence in outlying metropolitan
neighborhoods, and an ineffective justice system. Most targets of such
killings were suspected muggers, thieves, sexual abusers, and drug
dealers. While nationwide statistics were not available, the press and
civil society reported at least 46 killings by vigilantes during the
first ten months of the year, most of which occurred in and around
Maputo City, Chimoio, Matola, and Beira.
For example, in February a mob in Chimoio beat and killed a group
of six persons, including a woman, who the mob accused of being
criminals. In April a group of men in a Maputo suburb beat and burned
to death a man accused of stealing cash and cell phones. In August a
mob in Matola beat to death two brothers suspected of raping a minor.
In November a mob of 300 persons lynched two individuals in Chokwe
district.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--While the constitution and law prohibit such practices,
police continued to commit abuses. During the year human rights
advocates and the media reported occurrences of torture and other cruel
treatment, including several cases involving sexual abuse of women,
beatings, and prolonged detention.
The LDH reported that during prison visits conducted between
January and April it did not encounter any cases of torture, compared
with 161 cases reported the previous year. According to the LDH, the
decrease resulted from increased training of prison guards. However,
torture and other abusive treatment continued at police squadrons,
according to the LDH.
There continued to be reports of abuse and violence by members of
the CPC. During the February 5 demonstrations, the LDH recorded five
cases where police beat protesters with batons. In September, prior to
a soccer match, two police agents handcuffed several youths outside the
stadium and beat them repeatedly for allegedly being criminals. In
October the daily O Pais reported that agents of the PIC in Matola shot
Justino Tembe after believing he was an armed criminal fleeing from
authorities. The PIC brought Tembe to a hospital in Matola, where they
kept him handcuffed for 20 days until a judge in Maputo ordered him
released for lack of criminal evidence.
There were no reported developments regarding police involvement in
the following 2007 torture cases: the April police beating of a British
citizen at a checkpoint, and the July police beating of trainee lawyer
Aguinaldo Mandlate at a police station during an interrogation.
Vigilante violence also resulted in deaths and injuries.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening, although some improvements were noted.
The Administration for Prison Services, under the Ministry of
Justice, operated 211 prisons in 10 provinces. The Ministry of Interior
and the police are responsible for jails at police stations.
Overcrowding remained the most serious problem. The LDH noted that
many prisons held more than three times the number of prisoners for
which they were built, and that often prisoners slept in bathrooms,
standing up, or in shifts. For example, the Maputo Central Prison held
2,538 prisoners in a facility designed to hold 800, and the Inhambane
Provincial Prison held 339 prisoners in a facility for 75. During the
first half of the year, the LDH visited 74 prisons and detention
facilities, which held a total of 11,424 inmates in facilities designed
to hold 5,913.
The LDH found that, based on those visits, the number of inmates
held beyond the legal 90-day preventive detention period decreased to
59 from 399 during the same period in 2007, an 86 percent reduction.
The LDH described 35 facilities as ``physically inadequate.''
In detention facilities, overcrowding did not appear to be a
serious problem. During the first half of the year, the LDH visited
several police station detention facilities and noted that some
detainees continued to be held beyond the maximum police station
preventive detention period of 48 hours.
Reports continued that most prisoners received only one meal a day.
In 13 of the prisons visited, the LDH characterized the provision of
food as ``poor.'' It was customary for families to bring food to
prisoners; however, there continued to be occasional reports that
guards demanded bribes in exchange for delivering food to prisoners. In
several prisons, inmates engaged in prostitution in exchange for food,
according to the LDH.
There continued to be many reported deaths in prison, the vast
majority due to illness and disease. For example, in May the director
of the Chimoio Agricultural Penitentiary reported that in the first
four months of the year, 22 inmates had died, mostly due to malaria,
HIV/AIDS, and tuberculosis (TB). In many facilities, overcrowding, lack
of sanitation, potable water, and food also led to sickness.
In a series of prison visits conducted during the year, the LDH
found malaria, TB, and HIV/AIDS to be commonplace among prisoners in
nearly all prisons. LDH also found other illnesses caused by
malnutrition, including paralysis and blindness. Both healthy and sick
prisoners regularly were kept in the same cells.
In the first half of 2007, the most recent data available, the LDH
reported 39 juveniles under the age of 16 held with adults in the
general prison population.
Pretrial detainees were held with convicted prisoners.
International and domestic human rights groups had access to
prisoners, although at the discretion of Ministries of Justice and
Interior. Unlike the previous year, the LDH reported no problems
obtaining credentials to visit prisons.
d. Arbitrary Arrest or Detention.--While the constitution and law
prohibit arbitrary arrest and detention, both practices continued to
occur.
Role of the Police and Security Apparatus.--Forces under the
Ministry of Interior, including the PIC, the PRM, and the Rapid
Intervention Force, are responsible for internal security. An
additional security body, the State Information and Security Service,
reports directly to the president. The armed forces (FADM) are
responsible for external security.
The police continued to be poorly paid, despite an increase in pay
during the year. Trainee-level officers reportedly received
approximately 2,345 meticais (approximately $90) a month, while those
at higher rank received approximately 3,025 meticais (approximately
$120) a month. Corruption and extortion by police were widespread, and
impunity remained a serious problem. In July a former head of the PIC
stated that gangs had captured the police. He noted that due to low
wages and poor conditions, some police members tipped off criminals to
police operations, and in some cases, such corruption was responsible
for numerous killings of police by criminals.
Police regularly detained persons for arbitrary reasons and
demanded identification documents solely to extort payments. Many crime
victims reportedly declined to seek police assistance because of
expected demands for bribes and a lack of confidence that the police
would help. During April 2007-08, the Maputo City Police Command
initiated disciplinary and criminal proceedings against 113 Maputo
policemen, expelling 28 of these from the force. The most common
reasons for disciplinary action, according to Maputo's police chief,
were collaboration with criminals, extortion of goods and money,
excessive alcohol consumption, and abandonment of post. During the year
the Ministry of Interior brought disciplinary charges against 367
police officers which resulted in 76 criminal cases, 52 court cases, 29
jail sentences, and the expulsion of one police officer from the force.
However, the vast majority of police who committed infractions were
``recycled,'' sent back to school, and then transferred to a new unit.
In the three months preceding March, the ministry ``recycled'' 178
police. These included suspected criminals, thieves, and agents
suspected of collaborating with criminals.
Professional training for police officers continued during the
year; in August 70 PRM officers in Gaza Province completed human rights
training.
Implementation of the 2003-12 strategic plan of action and
modernization for the PRM continued; seven of its nine ``guiding
principles'' reflected respect for human rights. While the plan
acknowledged the problem of abuse of police powers, it made no specific
provision for ensuring greater accountability for such abuses.
Arrest and Detention.--Although the law provides that persons be
arrested openly with warrants issued by a judge or prosecutor (except
persons caught in the act of committing a crime), police continued to
arrest and detain citizens arbitrarily. By law the maximum length of
investigative detention without a warrant is 48 hours, during which
time a detainee has the right to judicial review of the case. The
individual may be detained another 90 days while the PIC continues its
investigation. When a person is accused of a crime carrying a sentence
of more than eight years, the individual may be detained up to an
additional 84 days without being charged formally. With court approval,
such detainees may be held for two more periods of 84 days each without
charge while the police complete their investigation. The law provides
that when the prescribed period for investigation has been completed
and no charges have been brought, the detainee must be released. In
many cases the authorities either were unaware of these regulations or
ignored them, often also ignoring a detainee's constitutional right to
counsel and to contact relatives or friends. The law provides that
citizens have access to the courts as well as the right to
representation, regardless of ability to pay for such services.
However, due to a shortage of legal professionals, indigent defendants
frequently had no legal representation.
The bail system remained poorly defined. Prisoners, their families,
and NGOs continued to complain that police and prison officials
demanded bribes for releasing prisoners.
There were reports that police harassed and arbitrarily detained
persons, including journalists, during the year.
Government statistics indicated that approximately 40 percent of
inmates were awaiting trial.
There continued to be reports of detainees who spent longer in
pretrial detention than the length of the sentence they eventually
received. By law a judge has 48 hours to validate a detention in any
proceeding; however, this statute often was not enforced.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the executive branch and the
ruling FRELIMO party heavily influenced an understaffed and
inadequately trained judiciary, particularly in the lower tiers. The
judicial system continued to suffer from a lack of transparency and
often did not comply with the principles of promotion and protection of
human rights.
In May the parliament passed a new judicial organization law which
establishes intermediate appeals courts. While the law has yet to be
implemented, it empowers District Court judges to rule on criminal
cases with penalties ranging between eight and 12 years, compared with
up to only two years before the law. In addition alternative measures
such as work brigades, conditional release for prisoners who have
completed half of their sentence, and traveling tribunals continued to
be employed.
Approximately 93 of the country's 128 judicial districts had
functioning courts; however, a shortage of judges and qualified staff
was a major problem. In March Chief Justice Mario Mangaze reiterated
that the country had only 36 percent of the judges and prosecutors
needed to administer justice effectively. There were 221 judges (or
approximately one per 90,500 inhabitants), 183 of whom held law degrees
as required by law for all judges appointed after 2000. During the year
7 percent of the 1,429 staff employed by the courts held university
degrees. Continuing problems included chronic absenteeism, unequal
treatment, low salaries, corruption, deliberate delays, and omissions
in handling cases.
The president appoints both the Supreme Court president and vice
president. The Higher Judicial Magistrates' Council (CSMJ) prepares
Supreme Court nominations and submits a list of qualified potential
nominees to the president. Members of the CSMJ tended to be either
FRELIMO members or FRELIMO-affiliated. The president also makes all
other judicial appointments.
There were two complementary formal justice systems: the civil
justice system and the military justice system. The Supreme Court
administers the civil system, and the Ministry of National Defense
administers military courts. The military court system was legally
absorbed into the civil system during the year. Under the Supreme Court
there are province and district-level courts, and each province has a
court of appeal. Cases in military courts may be appealed to the
Supreme Court. Civilians are not under the jurisdiction of, or tried
in, the military courts.
There also are courts that exercise limited, specialized
jurisdiction, such as the Administrative Court, the Customs Court, and
the Maritime Court. The Constitutional Council is charged with
determining the constitutionality of laws and decrees, supervising the
electoral process, declaring and validating electoral results, and
ruling on electoral disputes. A separate court system exists for minors
16 years of age and younger. The Government may send minors to
correctional, educational, or other institutions.
Trial Procedures.--Persons accused of crimes against the Government
are tried publicly in regular civilian courts under standard criminal
judicial procedures. Members of the media may attend trials, although
space limitations excluded the general public. A judge may order a
trial closed to the media in the interest of national security or to
protect the privacy of the plaintiff in a sexual assault case. Article
12 of the judicial organization law ``prohibits the production and
public transmission of images and sounds at trials.'' There is no trial
by jury.
In regular courts all accused persons, in principle, are presumed
innocent, and have the right to legal counsel and appeal; however,
authorities did not always respect these rights. Although the law
specifically provides for public defenders for the accused, such
assistance generally was not available in practice, particularly in
rural areas. The Mozambican Legal Aid Institute, an organization under
the Ministry of Justice, works to ensure that accused persons are
provided with court-appointed legal counsel if requested, though due to
a lack of trained lawyers, this was not always possible. The LDH
reported that most citizens remained unaware of this right, and many
had no access to legal counsel. Some NGOs offered limited legal counsel
at little or no cost to both defendants and prisoners. Only judges or
lawyers may confront or question witnesses, although all citizens have
a right to self-defense, and as such are allowed to present witnesses
and evidence on their own behalf, and have access to government-held
evidence.
Outside the formal court system, local customary courts and
traditional authority figures often adjudicated matters such as estate
and divorce cases. Local arbiters with no formal training staffed
customary courts.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--While the law provides for
an independent and impartial judiciary in civil matters, in practice
the judiciary was subject to political interference. Although in theory
citizens have access to courts to bring lawsuits seeking damages for,
or cessation of, human rights violations, in practice this did not
occur.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
However, opposition party members alleged that government intelligence
services and ruling party activists continued without warrants to
monitor telephone calls and e-mails, conduct surveillance of their
offices, follow opposition members, use informants, and disrupt party
activities in certain areas, including in Cabo Delgado and Nampula
Provinces. By law police require a warrant to enter homes and
businesses.
Unlike in the previous year, there were no reports that the FADM
required senior members to complete a confidential questionnaire
regarding party affiliation and activities in support of the party,
though advancement in the executive branch is tied directly to
affiliation with the ruling party.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, in practice there were
some restrictions on these rights. While the law allows individuals to
criticize the Government publicly or privately without reprisal, there
were a few cases during the year where such criticism resulted in
punishment.
There were occasional reports that police and local officials
harassed journalists, and journalists admitted that self-censorship was
common. The NGO Media Institute of Southern Africa (MISA) noted in its
annual report that although the independent media continued to rapidly
expand and diversify, in general the media faced increasing harassment
from the courts, prosecutors, and district administrators, particularly
outside of Maputo Province. In addition court rulings on libel cases
involving several independent media outlets during the year constrained
press freedom.
The independent media were active and expressed a wide variety of
views. The Government maintained majority ownership in Noticias, the
main newspaper and one of three daily papers with nationwide
distribution. Noticias, the daily Diario de Mocambique, and the weekly
Domingo largely reflected the views of the Government and provided
marginal, often critical coverage of RENAMO but also demonstrated a
willingness to examine government actions. In some cases, media support
of the Government was more overt; for example, prior to the municipal
election in November the daily Noticias Maputo edition carried a
picture of the FRELIMO candidate for mayor and the party emblem in the
title banner of the paper, a space not normally reserved for political
advertisements. The Government-run news agency, Agencia de Informacao
de Mocambique, often printed stories critical of the performance of
government ministries or agencies.
International media were allowed to operate freely.
There were numerous private community and regional radio stations
that operated throughout the country. Radio Mocambique, which received
60 percent of its operating budget from the Government, was the most
influential media service with the largest audience. Although it
broadcast debates on important issues, Radio Mocambique tended to
invite participants that were less critical of the Government.
MISA noted that the process for obtaining a radio operating license
was often long, convoluted, and politically biased. According to MISA,
a new law was needed which would clearly delineate the difference
between commercial and public radio.
The Government supplied 80 percent of the operating budget for
Televisao de Mocambique (TVM), the television station with the largest
viewership. TVM's news coverage was moderately balanced, but still
retained a government and FRELIMO bias.
Security forces harassed and arbitrarily detained local journalists
during the year. In April the Mozambican National Union of Journalists
reported that two local FRELIMO members confiscated the equipment of
and made threats against community radio reporter Pedro Rafael in Cabo
Delgado Province. The FRELIMO members released Rafael on the same day.
The local district administrator condemned the actions as a violation
of press freedom. In February MISA and the NGO Center for Public
Integrity issued a press statement asserting that lack of coverage by
media outlets funded mostly by the Government (TVM, Noticias, and Radio
Mocambique) concerning the February 5 demonstrations violated freedom
of expression, media, and information, and confirmed the existence of
government censorship of the media. The press release noted that
despite its being the biggest news event of the year, TVM, Noticias,
and Radio Mocambique provided extremely limited coverage, and that the
limited coverage provided was edited to distort the truth.
In August a Maputo court sentenced journalists Fernando Veloso,
Alvarito de Carvalho, and Luis Nhachote of the independent weekly
Zambeze to six months' imprisonment (converted to a fine) for libeling
Prime Minister Luisa Diogo by suggesting that Diogo might not be a
citizen. Although she never brought a libel suit against Zambeze, the
court filed charges and ruled that the journalists violated state
security by ``offending the honor and image of the prime minister.''
The lawyer for the journalists appealed the decision and the appeal was
pending at year's end.
Defamation of the president is prohibited; no one was charged with
the offense during the year.
Newsprint and other printing supplies must be imported from South
Africa, and the Government did not exempt these supplies from import
duties. Some newspapers found it more cost-effective to print in South
Africa and import the final product. Other journals were only published
in electronic versions, severely limiting their readership. Journals
printed on paper had restricted readership beyond Maputo, due to high
transportation costs.
Internet Freedom.--Although there were no government restrictions
on access to the Internet, opposition party members reported that
government intelligence agents monitored e-mail. Individuals and groups
could engage in the peaceful expression of views via the Internet,
including by e-mail. While public access to the Internet continued to
expand, particularly in the larger cities, lack of infrastructure in
rural areas and installation costs limited overall use.
Academic Freedom and Cultural Events.--While the Government
generally did not restrict academic freedom, there were reports that
teachers at the university, secondary, and primary school level felt
pressure to align themselves with FRELIMO, particularly in the central
and northern provinces.
In April the attorney general's office summoned musician Edson da
Luz for questioning concerning the lyrics of a song he wrote about
violence stemming from the February demonstrations in Maputo. The LDH
and numerous press editorials viewed the interrogation as a form of
intimidation and musical censorship.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.The constitution and law provide for freedom of assembly;
however, there was one instance in which police briefly detained
demonstrators during the year. While the law regulates public
demonstrations, it does not apply to private gatherings held indoors
and by individual invitation, nor does it affect religious gatherings
or election campaigning.
Police beat demonstrators with batons during a February 5
demonstration.
In June police cancelled a legal demonstration in Maputo organized
by the LDH and the Center for Mozambican and International Studies in
solidarity with the people of Zimbabwe. According to press reports,
police cancelled the demonstration because they did not have enough
officers to provide adequate security.
In September a strong police presence prevented a legal
demonstration organized by the National Forum of Demobilized Veterans
(AMODEG) which, according to press reports, resulted in the arrest of
19 forum members. Police spokesmen called the demonstration illegal,
although AMODEG claimed it had notified Maputo municipal authorities
well in advance of the planned date.
Freedom of Association.--The constitution and law generally provide
for freedom of association, although the Government imposed some limits
on this right. According to the law a political party is required to
demonstrate that it has no regional, racial, ethnic, or religious
exclusiveness and must secure at least 2,000 signatures to be
recognized. There were approximately 50 registered political parties.
In July police in Maputo City detained a member of the small
political party Together for the City (JPC) while he was collecting
signatures to support a candidate for the November municipal elections.
Some press reports indicated that FRELIMO party leaders had incited the
police to arrest the JPC member. The police released him the same day.
A government decree regulates the registration and activities of
foreign NGOs. The registration process for foreign NGOs and religious
groups reportedly involved significant discretion on the part of
government officials and regularly took several months.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
The constitution and the law governing political parties
specifically forbid political parties from directly affiliating with a
religion or church and from sponsoring religious propaganda as threats
to national unity.
Societal Abuses and Discrimination.--Relations among various
religions groups were generally amicable.
Three persons arrested in the burning of three mosques in August
2007 were released for lack of sufficient evidence.
There is a very small Jewish population, and there were no reports
of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--While the law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, the Government sometimes infringed upon these rights in
practice.
Traffic checkpoints are legal and under the jurisdiction of traffic
police. Checkpoints occasionally affected freedom of movement, and
according to press reports, authorities sometimes abused and demanded
bribes from citizens at checkpoints. Police sometimes stopped
foreigners and ordered them to present original passports or resident
papers, refused to accept notarized copies, and fined or detained those
who failed to show proper documents. Police, including members of CPCs,
also routinely harassed, detained, and extorted bribes from local
citizens for failure to carry identity papers.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government cooperated with the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in assisting refugees and asylum seekers.
The Government worked closely with the UNHCR to implement a local
integration program with longer term refugees, primarily from the Great
Lakes region, at the Marratane Camp in Nampula Province.
Unlike in previous years, there were no reports of attacks against
Burundian and Congolese refugees in Nampula Province. The Government is
now willing to offer limited temporary protection to some Zimbabweans
filing for asylum claims. There were numerous reports during the year
of Zimbabwean women being sexually exploited in exchange for food.
The Government continued to limit refugee movement within the
country. Refugees must request authorization to move outside the
geographic region in which they have been registered. In addition
refugees residing within the Marratane camp in Nampula Province must
request authorization to leave its boundaries, which has perpetuated
officials extracting bribes.
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.--International observers
described the November municipal elections as well-run and transparent.
Nonetheless, opposition parties accused FRELIMO once again of using
state funds and resources for campaign purposes, in violation of
electoral law, and RENAMO issued complaints of election fraud.
Preceding the election, the National Election Commission rejected three
RENAMO mayoral candidates on technicalities in the registration
process. The Constitutional Council subsequently reinstated the
candidates, stating that their exclusion was illegal.
During the run-up to the elections, police shot two persons for
tearing down FRELIMO campaign posters in Beira and arrested seven
others, including a candidate. In October the RENAMO mayor of Manjacase
was arrested, and later released, for alleged forgery. In November two
persons were injured when rival motorcades for FRELIMO and RENAMO
parties crossed paths in Dondo.
In 2004 citizens elected Armando Guebuza of the ruling FRELIMO
party as president in the country's third multiparty general elections.
While domestic and international observers noted that voting day
procedures generally followed international norms, they also documented
irregularities during the campaign and in the vote count. FRELIMO used
significant state funds and resources for campaign purposes, in
violation of election law. In municipal elections during the year,
observers found that both major parties used state resources for
campaign purposes, and noted that the election was transparent, with
some irregularities. RENAMO issued complaints of election fraud to
several agencies.
Political parties could generally operate with some restriction or
outside interference, including unlawful arrest, unlawful
disqualification of candidates, and other interference by the
Government.
There were 93 women in the 250-seat National Assembly. The prime
minister was a woman, and women held six of the 24 ministerial
positions and four of the 18 vice ministerial positions. Women held 30
percent of the seats on FRELIMO's 160-member Central Committee and six
seats on its 17-member Political Commission.
Members of many ethnic groups held key positions in both the
legislative and executive branches. There was no evidence that specific
ethnic groups were excluded.
Government Corruption and Transparency.--While the law provides
criminal penalties for official corruption, the Government did not
implement the law effectively, and officials often engaged in corrupt
practices with impunity. There are no laws against conflict of
interests for government officials. No corruption cases involving high-
profile individuals have been brought to trial during the Guebuza
administration; however, during the year several senior current and
former government officials, including the former ministers of interior
and transportation, were arrested on charges of corruption. Their cases
were pending at year's end.
In October an office in the Ministry of Finance that was
investigating a corruption case, erupted in fire, which the deputy
attorney general described as arson in December.
Despite the Government's strong anticorruption rhetoric, corruption
in the executive and legislative branches was widely perceived to be
endemic. The World Bank's Worldwide Governance Indicators reflected
that corruption was a serious problem, with no change in ranking from
the previous year. For the first time in five years, the country
dropped in Transparency International's 2008 Corruption Perception
Index, indicating that corruption was rampant. Petty corruption by low-
level government officials to supplement low incomes, and high-level
corruption by a small group of politically and economically connected
elites continued to be the norm. Corruption largely resulted from a
lack of checks and balances, minimal accountability, and a culture of
impunity. Local NGOs, such as the Center for Public Integrity, and
media groups continued to be the main civic forces fighting corruption,
reporting and investigating numerous corruption cases. The law requires
that all members of the Government declare and deposit their assets
with the Constitutional Council, but does not require that such
information be made available to the general public.
The Central Office for the Combat of Corruption (GCCC) functions as
an autonomous unit under the attorney general's office with its own
state budget. According to the GCCC, from January to October
prosecutors received 429 allegations of corruption, carried out 187
investigations, submitted 132 cases to the attorney general's office,
terminated 49 cases for lack of evidence, and tried 56 cases of
corruption with a further eight cases having scheduled trial dates
involving 98 suspects. The Ministry of Civil Service reported that
between January and June authorities investigated 2,415 government
employees, terminated 813 public servants, fined 380, and demoted 247
for various irregularities, including corruption and theft, which in
some cases will be followed by criminal proceedings.
Several new cases of corruption were reported. In June a commission
of inquiry established by the Ministry of Labor announced that 192
million meticais (approximately $7.6 million) had been stolen from the
National Institute of Social Security (INSS) since 2002. The commission
found that the theft involved a variety of fraudulent operations,
including over-invoicing, double payments, kickbacks, and preferred
direct tenders. According to the commission, the fraudulent operations
occurred in six of the 11 provinces and were masterminded by the former
director of the INSS, Armando Pedro. The attorney general's office
initiated criminal proceedings against Pedro, and police arrested him
in September in connection with the case. There were no further updates
at year's end.
In July a court in Niassa Province sentenced the former provincial
administrator for youth and sports to 16 years' imprisonment for the
2007 theft of 1.2 million meticais (approximately $47,000).
In September police, under orders from the Maputo City attorney's
office, arrested former minister of interior Almerino Manhenje in
connection with the theft of approximately 211 million meticais
(approximately $8.3 million) from the Ministry of Interior. Authorities
charged Manhenje with payment of illegal salaries and embezzlement of
state money. He remained in prison awaiting trial at year's end.
In October police arrested the head of the Mozambique Airports
Company Diodino Cambaza for misuse of funds. According to press
reports, Cambaza used company money to pay for expensive houses, luxury
cars, and travel. He remained in prison awaiting trial at year's end.
In December the minister of interior announced that approximately
400 passports had been fraudulently issued by corrupt immigration
officials, who were neither arrested nor charged.
There were no further developments in the 2007 investigations into
alleged corruption by Deputy Director of the Maputo Central Prison
Arminda Parruque and six health service administrators in Cabo Delgado
Province.
There were no laws providing for public access to government
information, and in practice the Government restricted citizens' and
noncitizens' access to government information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic and international human rights groups generally operated
without government restriction, investigating and publishing their
findings on human rights cases. Although at times slow, government
officials were generally cooperative and responsive to their views.
Registration procedures for NGOs often were lengthy.
UN agencies, the International Committee of the Red Cross, and
international NGOs are resident in the country and have access to
investigate human rights abuses.
While an independent ombudsman position to investigate allegations
of abuses, including human rights violations, by state officials was
created by constitutional amendment in 2005, an ombudsman had not been
named by year's end.
In December parliament passed a law to create a human rights
commission.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status, but in practice
discrimination persisted against women, persons with disabilities, and
persons with HIV/AIDS.
Women.--The law prohibits rape (excluding spousal rape) but was not
effectively enforced. Penalties range from two to eight years'
imprisonment if the victim is 12 years of age or older, and eight to 12
years' imprisonment if the victim is under the age of 12. While there
were no official estimates as to the extent of spousal rape, it was
regarded as a common problem. According to NGO reports, many families
preferred to settle such matters privately through financial
remuneration rather than through the formal judicial system. There were
no reports of rape cases prosecuted during the year.
Reports indicated that domestic violence against women,
particularly spousal rape and beatings, was widespread, and the PRM
received 6,406 reports of violence against women through June, a nearly
30 percent increase compared with the previous year. There is no law
that defines domestic violence as a crime, but laws prohibiting rape,
battery, and assault could be used to prosecute domestic violence. Many
women believed it was acceptable for their husbands to beat them.
Cultural pressures discouraged women from taking legal action against
abusive spouses. A 15-month survey released in 2006 revealed that 54
percent of women respondents admitted suffering an act of physical or
sexual violence perpetrated by a man at some point in their lives, 37
percent in the last five years, and 21 percent during the past year.
The Government and NGOs often worked together to combat domestic
violence. The PRM operated special women and children's units in police
squadrons that received cases of domestic violence, sexual assault, and
violence against children; the units provided assistance to victims and
their families. All 30 police squadrons in Maputo had women and
children's centers. In addition all police squadrons in the country
installed a ``green line'' (a free telephone line) to receive
complaints of violence against women and children. It was not fully
operational by year's end.
Kukuyana, a national network of women living with HIV/AIDS,
reported that many women were expelled from their homes and/or
abandoned by their husbands and relatives because they were HIV
positive. It also reported that some women who were widowed by HIV/AIDS
were accused of being witches who purposely killed their husbands to
acquire belongings, and in retribution were deprived of all
possessions.
Prostitution is legal, although it is governed by several laws
against indecency and immoral behavior and restricted to certain areas.
The practice was particularly prevalent along major transportation
corridors and in border towns where long-distance truckers stop
overnight. Young women without means of support were at the greatest
risk for being drawn into prostitution.
Sexual harassment is illegal; however, it was pervasive in
business, government, and education. Although no formal data existed,
the media reported numerous instances of harassment during the year.
The law is based on the Portuguese penal code from the 1920s; sexual
harassment charges are usually regarded as acts of ``indecency'' with a
maximum penalty of two years.
Forced marriage of girls and women was a problem.
``Purification,'' whereby a widowed woman is obligated to have
unprotected sex with a member of her husband's family, continued to be
practiced, particularly in rural areas.
With the exception of some ethnic and religious groups, the groom's
family provided a dowry to the bride's family, usually in the form of
money, livestock, or other goods. Among Muslims, the bride's family
usually paid for the wedding and provided gifts. Some believed that
these exchanges contributed to violence against women and other
inequalities, due to the perception that the women subsequently were
``owned'' by their husbands.
The Family Law, which took effect in 2005, sets the age of marriage
for both genders at 18 for those with parental consent, and 21 for
those without parental consent. The law also eliminates husbands' de
facto status as heads of family, and legalizes civil, religious, and
common law unions. While the law does not recognize new cases of
polygyny, it grants women already in polygynous marriages full marital
and inheritance rights. The law more precisely defines women's legal
rights with regard to property, child custody, and other issues.
However, nearly four years after taking effect, a survey conducted by
the NGO MULEIDE found that approximately 63 percent of women remained
uninformed about the law. A Save the Children report on inheritance
practices released in June 2007 noted that 60 percent of women cited
discrimination in inheritance process and highlighted cases in which
women lost inheritance rights for not being ``purified'' following the
death of their husbands.
Customary law was still practiced in many areas. In some regions,
particularly the northern provinces, women had limited access to the
formal judicial system for enforcement of rights provided under the
civil code and instead relied on customary law to settle disputes.
Under customary law, women have no rights to inherit land.
Women continued to experience economic discrimination, were three
times less likely than men to be represented in the public and formal
private sectors, and often received lower pay than men for the same
work.
Children.--While the Government continued to stress the importance
of children's rights and welfare, significant problems remained. In
April the National Assembly passed a law on child protection. The law
contains sections dealing with protection against physical and sexual
abuse, removal from parents who are unable to defend, assist, and
educate them, and the establishment of minors' courts to deal with
matters of adoption, maintenance, and regulating parental power.
A UN Children's Fund (UNICEF) report released in May 2007 estimated
that the incidence of birth registration was less than 40 percent, and
that 94 percent of children under age four were not registered. In some
cases, particularly in rural areas, lack of birth certificates
prevented children from registering for school, obtaining health care,
and obtaining public documents, such as identity cards or passports.
Education is compulsory through age 12, but enforcement was
inconsistent. Public education is free, but most families paid
enrollment fees for each child and purchased books, uniforms, and other
school supplies. Children who have a certificate that testifies their
parents' incomes are below a certain poverty level are exempt from
fees, but for most families, fees and associated costs remained a
significant financial burden.
In 2007 UNICEF estimated that 94 percent of children were enrolled
in school. Despite joint government/NGO initiatives in certain
localities and districts to improve girls' school attendance,
completion rates for primary school students were approximately 41
percent for boys and 29 percent for girls.
The PRM reported more than 1,500 cases of child abuse through June,
but noted that the vast majority of cases went unreported. In December
the Government, in partnership with an NGO network, began a 24 hour
hotline, allowing the public to report cases of child abuse. Most cases
involved sexual abuse, physical abuse, or negligence. Several cases of
fathers sexually abusing their daughters were reported. Sexual abuse in
schools was a growing problem. There were numerous press reports during
the year focusing on the large numbers of high-school-aged girls
pregnant as a result of being coerced into having sex with their
teacher.
There continued to be newspaper reports of physical abuse of
students by teachers during the year.
Local custom, primarily in the northern provinces and in Muslim and
South Asian communities, allowed underage marriage.
The law prohibits pornography, child prostitution, and sexual abuse
of children under 16 and prescribes prison sentences and fines for
perpetrators; however, exploitation of children below the age of 15
continued and child prostitution remained a problem. Child prostitution
appeared to be most prevalent in Maputo, Nampula, Beira, and at border
towns and overnight stopping points along key transportation routes.
Child prostitution reportedly was growing in the Maputo, Beira,
Chimoio, and Nacala areas, which had highly mobile populations and a
large number of transport workers. Child prostitution also was reported
in Sofala and Zambezia provinces. Some NGOs provided health care,
counseling, and training in other vocations to children engaged in
prostitution. In practice perpetrators of these crimes rarely were
identified and prosecuted, and punishment was not commensurate with the
crime. However, in July a Maputo court sentenced two Turkish citizens
to a year in prison and 75,000 meticais (approximately $3,000) each for
sexually abusing 17 children living at a private residence in Maputo
City.
There continued to be a significant number of street children, but
no nationwide figures were available.
Zimbabwean children, many of whom entered the country alone,
continued to face labor exploitation and discrimination. They lacked
protection due to inadequate documentation and had limited access to
schools and other social welfare institutions. Coercion of Zimbabwean
girls into the sex industry was common.
The Government took steps to address the problems facing HIV/AIDS
orphans. In June the Government estimated the country had 430,000
orphans who had lost either one or both parents to HIV/AIDS, and a
study released during the year by UNICEF estimated that this number
could reach 650,000 by 2010. Several government agencies, including the
Ministry of Health and the Ministry of Women and Social Action,
implemented programs to provide health assistance and vocational
education for HIV/AIDS orphans.
The Maputo City Office of Women and Social Action continued its
program to rescue abandoned orphans and assisting single mothers who
headed families of three or more persons. It also offered special
classes to children of broken homes in local schools. NGO groups
sponsored food, shelter, and education programs in all major cities.
Trafficking in Persons.--The April Antitrafficking in Persons Law
prohibits all forms of trafficking in persons; however, there were
reports that persons were trafficked to, from, through, and within the
country. Most trafficking victims were transported to South Africa on
the highway from Maputo to Johannesburg. The majority of victims were
women and children trafficked for both sexual exploitation and forced
labor. Boys were trafficked for labor on South African farms and in
mines, and girls were trafficked for use in prostitution and domestic
servitude.
Traffickers were principally citizens or South Africans.
Trafficking groups included small networks of citizens based in Maputo
and Nampula, and there were reports that Chinese, Pakistani, and
Nigerian organized crime groups were involved. Traffickers often lured
victims by promising better jobs in South Africa. Once there, they were
threatened with exposure of their illegal status and forced to work for
little or no pay. Often women were sexually assaulted en route to their
destination or once they arrived in South Africa. There were also
reports that syndicates trafficked young girls from Thailand through
the country en route to South Africa. Small numbers of children and
adults reportedly were trafficked to Zambia for agricultural labor, and
Zimbabwean women and girls were trafficked to Mozambique for sexual
exploitation and domestic servitude.
The law provides for penalties of 16 to 20 years' imprisonment for
those recruiting or facilitating exploitation of a person for purposes
of prostitution, forced labor, slavery, or involuntary debt servitude.
The Government's law enforcement efforts increased over the previous
year. Following the passage of the antitrafficking law, the PRM created
a special unit to deal specifically with apprehensions, investigations,
and reintegration. In March South African authorities apprehended a
Mozambican woman alleged to have trafficked local girls to Pretoria for
forced prostitution; the Government immediately dispatched
investigators from the attorney general's office and the PIC to South
Africa to assist in the investigation and discuss possible extradition.
While there were no prosecutions or convictions for trafficking
cases during the year, police authorities stated they had rescued more
than 200 children being trafficked to South Africa during the first six
months of the year. In addition police made arrests of traffickers and
transporters involved in these cases, and several investigations were
ongoing. Many lower-ranking police and border control agents were
suspected of accepting bribes from traffickers.
Due to a lack of resources, government officials regularly called
on NGOs for the provision of protection and assistance to victims,
including shelter, food, counseling, and rehabilitation. The Ministry
of Interior expanded the number of offices for attending to women and
child victims of violence from 96 to 152, and provided victims'
assistance training for police officers who dealt with such cases. The
police also conducted general training on trafficking and detecting at-
risk children in the central provinces of Sofala, Manica, and Zambezia
and the northern province of Nampula.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--Although the constitution and law
stipulate that citizens with disabilities shall fully enjoy the same
rights as all other citizens, the Government provided few resources to
implement this provision. Discrimination was common against persons
with disabilities in employment, education, access to health care, and
in the provision of other state services. The law does not mandate
access to buildings for persons with disabilities, but the Ministry of
Public Works and Habitation worked to ensure that public buildings in
Maputo city provided access to persons with disabilities. Electoral law
provides for the needs of voters with disabilities in the polling
booths.
Concerns of persons with disabilities included lack of access to
socioeconomic opportunities and employment, limited access to buildings
and transportation, and a lack of wheelchairs. Special access
facilities were rare. There were few job opportunities for persons with
disabilities in the formal sector.
The country's only psychiatric hospital was overwhelmed with
patients and lacked the means to guarantee even basic nutrition,
medicine, or shelter. During the first six months of the year, the
hospital received 1,160 patients, compared with 348 during the same
period in 2006. Doctors at the hospital also reported that many
families abandoned members with disabilities at the hospital. Veterans
with disabilities continued to complain about not receiving pensions.
The Ministry of Women and Social Action is responsible for
protecting the rights of persons with disabilities. The four-year
National Action Plan in the Area of Disabilities announced in 2006
still had not received any financing for implementation.
Maputo city offered free bus passes to persons with disabilities.
National/Racial/Ethnic Minorities.--There were reports of tension
between newly arrived Chinese guest workers, often employed in
construction, and citizens in Maputo city and Beira, Sofala Province.
There were reports of discrimination by police against Zimbabwean
immigrants during the year.
Other Societal Abuses and Discrimination.--The law prohibits
discrimination of workers on the basis of HIV/AIDS status, and the
Ministry of Labor generally intervened in cases of perceived
discrimination by employers. In July the Ministry of Labor reported
receiving more than 100 cases annually of workers being dismissed by
their employers for having HIV/AIDS. Often, workers were obligated by
the employer to take HIV/AIDS tests. In response to these violations,
the ministry registered the complaints and confronted companies
responsible for dismissals.
The law does not specifically prohibit discrimination based on
sexual orientation, and there were occasional reports of such
discrimination. The LDH reported cases of discrimination against
homosexuals in the courts. The Workers Law includes an article that
prevents discrimination in the workplace based on a number of factors,
including sexual orientation.
Section 6. Worker Rights
a. The Right of Association.--The constitution and law provide that
all non-government workers are free to form and join a trade union of
their choice without previous authorization or excessive requirements,
and workers exercised these rights in practice. Until November, when a
new law was passed, labor laws guaranteeing the right of association
did not cover government employees, including firefighters, members of
the judicial agencies, and prison guards. As of June the Mozambican
Workers Association (OTM) estimated that of the approximately 500,000
workers in the formal sector, 98,000 were unionized. Some unions
alleged that the OTM was under the influence of FRELIMO. While
government employees were previously not allowed to form unions, in
November parliament approved new statutes which allow government
employees to form unions and strike.
The law explicitly provides for the right to strike, and workers
exercised this right in practice; however, until November civil
servants, police, military personnel, and workers in other essential
services (including sanitation, firefighting, and health care) did not
have the right to strike. The law specifies that strikers must notify
police, the Government, union, and employers 48 hours in advance of
intended strikes.
Unlike in the previous year, there were no reports that security
forces shot or killed strikers.
b. The Right to Organize and Bargain Collectively.--Although the
law provides for the right of workers to organize and engage in
collective bargaining, such contracts covered less than 2 percent of
the work force. The Government did not set private sector salaries.
Unions were responsible for negotiating wage increases.
The law prohibits antiunion discrimination; however, there were
reports that many companies continued to engage in antiunion
discrimination by replacing persons at the end of contracts, dismissing
workers for going on strike, and not abiding by collective bargaining
agreements.
There are no special laws or exemption from regular labor laws in
the few export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and while there were
few reports that such practices occurred in the formal economy, forced
and bonded labor, particularly by children, was common in rural areas.
Forced prostitution and domestic servitude also occurred. There were
also numerous reports of children brought from rural areas to urban
centers with promises of schooling and a better life, only to end up as
forced domestic workers.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits child labor; however, it remained a problem. In the
formal economy, the minimum working age without restrictions is 18
years of age. The law permits children between 15 and 18 to work, but
the employer is required to provide for their education and
professional training and to ensure that conditions of work are not
damaging to their physical and moral development. Children between the
ages of 12 and 15 are permitted to work under special conditions
authorized jointly by the ministries of labor, health, and education.
For children under the age of 18, the maximum workweek is 38 hours, the
maximum workday is seven hours, and they are not permitted to work in
unhealthy or dangerous occupations or those requiring significant
physical effort. Children must undergo a medical examination before
beginning work. By law children must be paid at least the minimum wage
or a minimum of two-thirds of the adult salary, whichever is higher.
Although the law prohibits forced and bonded labor by children, it
was considered to be a common problem, especially in rural areas. Many
children in rural areas were forced to work, particularly in commercial
agriculture, as domestics, as well as to engage in prostitution. The
major factors contributing to the worst forms of child labor were
chronic family poverty, lack of employment for adults, breakdown of
family support mechanisms, the changing economic environment, lack of
educational opportunities, gender inequality, and the impact of HIV/
AIDS. Children, including those under the age of 15, commonly worked on
family farms in seasonal harvests or on commercial plantations, where
they picked cotton or tea leaves and were paid on a piecework basis.
The Ministry of Labor regulates child labor in both the informal
and formal sectors. Labor inspectors may obtain court orders and use
police to enforce compliance with child labor provisions. Violations of
child labor provisions are punishable with fines ranging from one to 40
months of salary at minimum wage. Enforcement mechanisms generally were
adequate in the formal sector but remained poor in the informal sector.
The labor inspectorate and police forces lacked adequate staff, funds,
and training to investigate child labor cases, especially in areas
outside the capital where a majority of the abuses occurred. Although
the Government provided training for police on child prostitution and
abuse, there was no specialized child labor training for the labor
inspectorate. The Government disseminated information and provided
education about the dangers of child labor to the general public.
e. Acceptable Conditions of Work.--In May the Government announced
increases for a new nine-part (electricity/gas, manufacturing,
financial services, non-financial services, agriculture, construction,
fisheries, mining, and government) minimum wage system, which replaced
the old two-part industry/services and agriculture system. The lowest
increase was 10 percent for government employees, and the highest
increase was 30 percent for workers in the electricity and gas sector.
Despite the increase, which was slightly above the inflation rate
reported during the year, none of the minimum wages provided a decent
standard of living for a worker and family. Although the industrial
sector frequently paid above minimum wage, there was little industry
outside of the Maputo area. In addition less than 10 percent of workers
held salaried positions, and the majority of the labor force worked in
subsistence farming. Many workers used a variety of strategies to
survive, including finding a second job, maintaining their own gardens,
or depending on the income of other family members.
The Ministry of Labor is responsible for enforcing the minimum wage
rates in the private sector and the Ministry of Finance in the public
sector. Violations of minimum wage rates usually were investigated only
after workers registered a complaint. Workers generally received
benefits, such as transportation and food, in addition to wages.
The standard legal workweek is 40 hours but can be extended to 48
hours. After 48 hours, overtime must be paid at 50 percent over the
base hourly salary. Overtime is limited by law to two hours per day and
100 hours per year. The law provides for one hour of rest per day.
Foreign workers are protected under the law.
Worker complaints continued during the year concerning employers
deducting social security contributions from wages but failing to pay
them into accounts; lack of access to the social security system; not
adhering to the law concerning firings; and intimidation of union
members. At year's end no action was taken on any of these cases.
In the small formal sector, health and environmental laws were in
place to protect workers; however, the Ministry of Labor did not
effectively enforce these laws, and the Government only occasionally
closed firms for noncompliance. There continued to be significant
violations of labor laws in many companies and services. Workers have
the right to remove themselves from work situations that endanger their
health or safety without jeopardy to their continued employment; in
practice threats of dismissal and peer pressure restricted this right.
In October 2007 the Ministry of Labor found approximately 90
workers at the Golden Fields Flower Company living in slave-like
conditions working long hours and without access to sanitary facilities
or safe drinking water. Following an inspection in March, the ministry
determined that conditions had improved and lifted its suspension on
the company.
At year's end the Ministry of Labor reported 416 labor accident
victims, 251 of whom were temporarily incapacitated and 152 of whom
were permanently disabled, and 13 of whom were killed. While the law
imposes fines for recurring accidents, no fines were imposed during the
year. The law also requires that companies insure workers, but Ministry
of Labor estimates indicated that only between 50 and 60 percent of
companies actually provided coverage. Workers had the right to remove
themselves from situations that endangered health and safety without
jeopardy to their employment and authorities enforced this right.
__________
NAMIBIA
Namibia is a multiparty democracy with a population of
approximately two million. President Hifikepunye Pohamba was elected in
2004, succeeding Sam Nujoma, the country's first president and former
leader of the ruling South West Africa People's Organization (SWAPO).
International and domestic observers generally considered the 2004
presidential and parliamentary elections free and fair. Civilian
authorities generally maintained effective control of the security
forces.
Although the Government generally respected the human rights of its
citizens, human rights problems included: police use of excessive
force; poor conditions in prisons and detention centers; arbitrary
arrest, prolonged pretrial detention and long delays in trials;
government criticism of the media and nongovernmental organizations
(NGOs); attacks, harassment, and intimidation of opposition members by
some SWAPO supporters; and official corruption. Societal abuses
included violence against women and children, including rape and child
abuse; discrimination against women, ethnic minorities, and indigenous
peoples; and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
on February 3, an unidentified police officer shot and killed Ndishishi
Ya Nambinga, a demonstrator who was reportedly disrupting a SWAPO party
political rally. According to the police and the local NGO National
Society for Human Rights (NSHR), Ya Nambinga stabbed Constable Hilma
Nakumbwata, who was attempting to arrest him for disorderly conduct.
The unidentified police officer fired a warning shot in the air before
shooting Ya Nambinga several times in the stomach.
An investigation into the April 2007 suffocation death of William
Cloete, who died in a shipping container which police in the town of
Rosh Pinah used as a detention center, was ongoing at year's end.
The January 2006 police shooting and killing of Collen Goliath
remained under investigation at year's end.
There were no developments, and none were expected, in the case of
Linus Muhimba, who died while in police custody in May 2006.
Two of the 16 police officers accused of beating five men, one of
whom died from his injuries in May 2005, were acquitted of all charges.
The trial for the remaining 14 was moved to the High Court and was
ongoing at year's end.
Unlike in the previous year, no deaths resulted from unexploded
ordnance.
On August 30, the NSHR announced the discovery of possible mass
graves along the country's border with Angola. The NSHR alleged the
graves could be linked to ``enforced disappearances'' in Caprivi and
Kavongo regions between 1994 and 2003. The Government subsequently
investigated one of the grave sites, which contained the remains of
five political activists who were killed without trial by South African
security forces in 1972. Government officials claimed the site was well
known and did not represent a new finding. The NSHR contested the
Government's claim that the gravesite was publicly known and argued
that the Government should reveal all information it had on mass
graves. None of the other mass graves had been investigated by year's
end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
police sometimes used excessive force when apprehending, interrogating,
and detaining criminal suspects. Press reports and human rights
advocates noted a continuing decline in incidents of police brutality
during the year. For example, the Legal Assistance Center (LAC) and the
NSHR noted considerably fewer claims of police abuse from detainees
than in previous years. The Government took action against some
perpetrators of abuse.
Unlike in the previous year, there were no reports that police used
force, including beatings, to disperse demonstrators, although SWAPO
supporters assaulted demonstrators and attacked opposition members (See
Section 2.b.).
There were no developments in the case of Hafeni Joseph Amalwa, who
filed charges against an arresting officer for allegedly assaulting him
in April 2007.
There were no developments, and none were expected, in the
following 2006 security force assault cases still pending before the
courts: the mob assault, led by two members of the Special Field Force
(SFF), against two women accused of witchcraft; the alleged assault on
Mariental residents by members of the SFF police unit and the Namibian
Defense Force (NDF); and the kidnapping and assault of Hofenie Angomo
Ikolola.
Numerous individuals continued to pursue civil court cases against
the Government as a result of alleged security force abuses during the
1999 Caprivi secessionist attacks. Three of the civil claims were
settled out of court in September, almost eight years after the claims
were initially filed with the High Court. The remaining 112 civil cases
remained pending before the courts at year's end.
Suspects in the Caprivi treason trial continued to complain of poor
medical services and intimidation of their visitors by prison
officials.
On July 11, two supporters of the new opposition Rally for
Democracy and Progress (RDP) party, Sylvanus Reinhold and Sackey
Amenya, sustained serious wounds after being attacked by a mob of
ruling SWAPO party supporters in the Windhoek township of Katutura.
Three SWAPO supporters were subsequently arrested, and their case was
under investigation at year's end.
Unlike in the previous year, there were no reports of injuries from
unexploded ordnance.
Prison and Detention Center Conditions.--Prisons and detention
centers were overcrowded, poorly maintained, and lacked basic
sanitation and adequate food. Guards sometimes abused prisoners,
although there were no such reports during the year. In April the
newspaper The Namibian reported that Windhoek Central Prison held 1,172
prisoners, almost 30 percent over its official capacity of 912
prisoners. The Government-owned New Era newspaper reported during the
year that one police holding facility designed to accommodate 105
persons held 224.
Conditions of police holding cells showed little change since a
2006 ombudsman's report cited the cells for poor sanitary conditions,
overcrowding, insufficient food, unsafe infrastructure, and lack of
access to medical care and potable water. Minister of Safety and
Security Nickey Iyambo, who visited a number of police holding
facilities throughout the year, criticized their poor conditions.
Victims of prison abuse were able to pursue legal remedies,
although lengthy delays were common. For example, in June a court
ordered the Ministry of Prison Services to pay Paul Kennedy, an inmate
at the Windhoek Central Prison, 15,000 Namibian dollars (approximately
$1,482) in damages for an assault by a prison officer in 2002.
Some detainees were held with convicted prisoners, and juveniles
continued to be held with adults in many rural areas. There were pilot
programs that provided alternatives to incarceration for juvenile
offenders, such as placing youths in shelters and foster homes. The NGO
Criminals Return into Society also offered a number of rehabilitation
programs to build vocational skills. In 2007 the Government launched a
community service pilot project as an alternative to incarceration in
four of the 13 regions for adult and juvenile persons convicted of
petty crimes.
The Government continued to grant NGOs regular access to prisons
and prisoners. The International Committee of the Red Cross (ICRC)
continued to visit prisons and detention centers from its regional
delegation headquarters in Zimbabwe.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest or detention; however, there were reports
that security forces sometimes assaulted or otherwise mistreated
citizens during arrest or in detention.
Role of the Police and Security Apparatus.--The police, including
the paramilitary SFF, are under the Ministry of Safety and Security.
The NDF, which has approximately 16,000 members, is under the Ministry
of Defense. All are responsible for internal security. The Namibian
Police Force (NAMPOL) has approximately 12,000 members and is highly
centralized, with regional commands responsible to the inspector
general of police, who reports to the minister of safety and security.
Approximately half of NAMPOL's overall complement is assigned to the
SFF, a paramilitary unit composed primarily of combatants from the
former People's Liberation Army of Namibia. SFF members were assigned
to guard duty, checkpoints, and the maintenance of public order. NAMPOL
lacked the resources, training, and personnel to effectively deter or
investigate street crime.
Police corruption and impunity were problems.
In July The Namibian newspaper reported that police officers
sometimes threatened to arrest prostitutes if they did not agree to
perform sex.
Although some security force members accused of abuse and
corruption were arrested and tried in military courts or the civilian
criminal justice system, the Government took no action against others.
The case was still pending against Andrew Iyambo, the deputy
commissioner of police for Erongo Region, who was suspended in 2007 for
misappropriating funds donated to the regional police by a fishing
company.
No action was taken, and none was expected, in the 2006 corruption
case against police commanders Lottinelomba Uusiku and Joseph Kamati.
Police continued to receive human rights training designed by the
Windhoek-based LAC. Some officers attended training programs with human
rights components at the International Law Enforcement Academy in
Gaborone, Botswana.
Arrest and Detention.--Arrest warrants are not required in all
cases, such as when a suspect is apprehended during the commission of a
crime. Persons arrested must be informed of the reason for their arrest
and brought before a magistrate within 48 hours of their detention, but
the Government did not always respect these provisions in practice.
Detainees generally were promptly informed of the charges against them.
Those accused are entitled to defense by the legal counsel of their
choice, and those who cannot afford a lawyer are entitled to state-
provided counsel; however, many prisoners could not afford counsel, and
indigent persons were not always provided counsel, primarily due to an
insufficient number of public defenders. There is a functioning bail
system. Under a state of emergency, the constitution permits detention
without trial, although the names of detainees must be published in the
Government's gazette within 14 days, and an advisory board appointed by
the president must review their cases.
There were reports of arbitrary arrest and detention.
Security forces arrested opposition members (See Section 3).
City police arrested homeless children and detained them in police
stations. In February police rounded up and detained 16 homeless
children on suspicion of theft. The children, none of whom was formally
charged, were detained in the same holding cells as adults.
Unlike in the previous year, there were no reports of incommunicado
detention.
The Government sometimes remunerated persons who were arbitrarily
arrested and did so in 2007; however, there were no such cases during
the year.
A trial must take place within ``a reasonable time,'' or the
accused must be released; however, lengthy pretrial detention was a
problem. Approximately 8 percent of the general prison population was
awaiting trial, and there were approximately 50,000 unresolved cases on
the court dockets. The lack of qualified magistrates and other court
officials, the high cost of legal aid, and slow or incomplete police
investigations resulted in a serious backlog of criminal cases and
delays of years between arrest and trial.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and while the courts continued to act
independently and at times made judgments and rulings critical of the
Government, the judicial system was hampered by inefficiency and a lack
of resources.
The formal court system has three levels: 30 magistrate courts; the
High Court; and the Supreme Court. The latter served as a court of
appeals and constitutional review court. Military courts try members of
the military only. Customary courts heard most civil and petty criminal
cases in rural areas. The law delineates which offenses may be dealt
with under the traditional system.
Most rural citizens first encountered the legal system through the
traditional courts, which deal with infractions of local customs among
members of the same ethnic group. The law delineates the role, duties,
and powers of traditional leaders and provides that customary law is
invalid if it is inconsistent with the constitution.
Trial Procedures.--The constitution and law provide for the right
to a fair trial, but this right was limited by long delays in hearing
cases in the regular courts and the uneven application of
constitutional protections in the traditional system. The 131 Caprivi
treason detainees imprisoned in Windhoek, for example, have been
waiting for the completion of their trials for seven years. The law
provides for public trials, but not juries. Defendants have the right
to be present at trial, to consult with an attorney in a timely manner,
and along with their attorneys to have access to government-held
evidence. Indigent defendants are entitled to a lawyer provided by the
state; however, this often did not occur due to insufficient public
defenders. Defendants are presumed innocent, can confront witnesses,
and have the right of appeal.
During the year procedural problems continued to dominate the high
treason trials of detainees arrested in connection with the 1999
attacks on government institutions at Katima Mulilo. The prosecution
sought to have some of their witnesses declared hostile, and a pay
dispute involving the state-provided lawyers for the defense delayed
proceedings for a week. There were no convictions or acquittals by
year's end. The ten Caprivi detainees who were convicted in 2007 filed
a motion to appeal their conviction during the year.
The case of two ethnic Mafwe witnesses who appeared in court in
2006 on charges of perjury and obstruction of justice for denying
statements they had made to investigators in the Caprivi treason trial
was postponed to June 2009. The two claimed their statements were
obtained under duress inflicted by security forces.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights. High-level government officials sometimes
chided journalists who criticized the Government, former president
Nujoma, or the ruling party, and threatened unspecified consequences
against some media outlets, although no threats were carried out during
the year. Journalists working for government-affiliated media practiced
self-censorship, although such outlets also criticized the Government,
as did reporters for independent newspapers.
There were four daily national newspapers, three of which were
independent, and four independent weekly newspapers. The New Era
newspaper and the Namibian Press Agency were both parastatals, whose
boards were appointed by the minister of information and broadcasting.
The Government shared equal ownership of the regional weekly newspaper
Southern Times with the Government of Zimbabwe. The ruling SWAPO party
owned one publication, Namibia Today.
The Government owned and operated the Namibian Broadcasting
Corporation (NBC) Radio and Television, which were the most widely
broadcast and influential media in the country. NBC's television and
nine radio services broadcast in English and indigenous languages.
There were 12 private radio stations and one private television
network, One Africa TV. There were two cable and satellite TV
providers, which offered numerous channels of programming; SWAPO owned
51 percent of one of the providers.
On November 28, security forces arrested South African television
journalist Bonita Nuttall for working after entering the country on a
tourist visa; the law requires foreign journalists to obtain temporary
residence and work permits before entering the country. Nuttall, who
spent the night in an airport holding cell, was released the next day
and ordered to pay 2,000 Namibian dollars (approximately $198) bail
pending an initial court appearance. On December 3, a Windhoek court
ordered Nuttall to pay additional bail of 8,000 Namibian dollars ($790)
pending a trial scheduled for February 2009. In a December 5 letter to
the minister of communications technology, the international NGO
Reporters Without Borders called Nuttall's detention ``an abuse of
authority out of proportion to the offence.''
In November newspaper editors called for the withdrawal of a clause
from a proposed communication bill that would allow the intelligence
services to tap phones and monitor e-mail without referring to a court.
The Media Institute of Southern Africa called the proposed bill a
setback for free expression.
Some senior SWAPO officials have criticized media outlets at
campaign events and suggested that they need to tell ``the truth'' or
face the consequences. On February 19, the Media Institute for Southern
Africa expressed concern that statements by SWAPO Vice President and
Trade Minister Hage Geingob could be perceived as threatening to the
press; Geingob had praised the Government for standing firm and ``not
arresting or touching'' Windhoek Observer editor Hannes Smith for
``nonsense'' published in the Observer and other media outlets about
the Government.
Despite a February 7 announcement by the minister of information
that the Government would form a media council to regulate the media
and provide a mechanism for the public to file complaints, no action
had been taken by year's end; SWAPO passed a resolution in November
2007 instructing the minister of information to establish a media
council to regulate media ethics.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail and
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
While Internet access was unrestricted, usage was limited in rural
areas due to poverty.
Academic Freedom and Cultural Events.--On September 9, the NSHR
claimed that the Government-owned PolyTechnic Hotel and Tourism School
canceled its booking on the day of the NSHR's planned presentation of a
report on alleged mass graves (See Section 1.a.). The school provided
no prior notice or explanation.
During the year the University of Namibia (UNAM) filed disciplinary
charges against two senior lecturers, Patrick Iijambo and Usuatuije
Maamberua, for holding office in the SWANU political party while being
employed at the institution; UNAM forbids its employees from holding
political office. The professors, who claimed that UNAM took no action
against university staff who held office in SWAPO and that UNAM's
policy violated their constitutional right to freedom of expression,
filed an appeal to an internal UNAM council. In December the council
ruled in favor of Iijambo and Maamberua.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and unlike in the previous year, the Government generally respected
this right; however, SWAPO supporters attempted to block opposition RDP
rallies on several occasions.
On November 22, SWAPO supporters prevented RDP supporters from
holding a rally in Outapi and subsequently assaulted RDP supporters and
police. Senior government officials, including President Pohamba,
defended the perpetrators, alleging that the RDP had provoked the SWAPO
supporters by planning the rally in SWAPO's stronghold. The president
then called on political parties and the citizenry to respect the
authority of the police and the sanctity of the constitution. SWAPO
supporters also attempted to block an opposition RDP rally in the
Tobias-Hainyeko constituency of Windhoek on October 18 and in the
northern town of Omuthiya on September 26.
On February 3, an unidentified police officer shot and killed a
demonstrator who had stabbed a police constable (See Section 1.a.).
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
Societal Abuses and Discrimination.--There was a very small Jewish
community and no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement, foreign travel, emigration, and repatriation, and
the Government generally respected this right in practice. The
Government cooperated with the UN Office of the High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in protecting and
assisting internally displaced persons, refugees, returning refugees,
asylum seekers, stateless persons, and other persons of concern.
The Government continued to limit the freedom of travel of Cuban
doctors working in the country under a Cuban bilateral assistance
program. These doctors were generally not allowed to travel within or
from the country without consent from the Cuban embassy, which held
their passports.
The constitution prohibits forced exile, and the Government did not
use it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees; and although the country is not a
signatory to its 1967 protocol, the Government has established a system
for providing protection to refugees. In practice the Government
provided protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened. The
Government also provided temporary protection to certain individuals
who may not qualify as refugees under the 1951 convention or the 1967
protocol.
According to the UNHCR, approximately 6,400 refugees resided in
Osire Refugee Camp, and another 1,300 lived outside the camp among the
general population. Approximately 5,600 of the refugees were from
Angola; the others were primarily from the Democratic Republic of the
Congo, Burundi, and Rwanda. During the year the Government issued
identification cards to all refugees to facilitate travel outside the
camp. Nevertheless, some refugees complained that they were still
prevented from working outside the refugee camp. Education through
grade 10 was available to all refugees, and the Government facilitated
further secondary education for students with financial sponsorship at
schools outside the camp. The Government provided antiretroviral
therapy to refugees infected with HIV/AIDS.
The Government continued to maintain strict control over civilian
access to the Osire refugee camp; however, the ICRC, the UNHCR, and the
UNHCR's NGO partners had regular and unrestricted access to the camp.
Section 3. Respect for Political Rights: The Right of Citizens to
Change their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic and free elections held on the basis of
universal suffrage. In the lead up to local elections held during the
year, SWAPO supporters used violence and intimidation against
opposition party members and leaders.
Elections and Political Participation.--On September 26, after two
postponements due to voter list and registration discrepancies, the
town of Omuthiya held a local council election in which SWAPO won six
of seven seats. While SWAPO and the new opposition party RDP
acknowledged the voting to have been generally free and fair, RDP
officials accused SWAPO of using intimidation and violence before the
voting. Irregularities in registering voters resulted in the Electoral
Commission's March 7 decision to suspend Director of Elections Philemon
Kanime.
Presidential and parliamentary elections were held in 2004. SWAPO
candidate Hifikepunye Pohamba was elected president with 76.4 percent
of the vote, and SWAPO candidates won 55 of 72 elected National
Assembly seats. International and domestic observers characterized both
elections as free and reflecting the will of the electorate despite
some irregularities. Observers criticized the inefficient vote
tabulation system and the unequal access to media coverage and campaign
financing. In the National Assembly, six opposition parties won a total
of 17 seats.
During the year opposition members were subjected to political
violence. In separate incidents in the same northern village of Okongo,
alleged SWAPO supporters on February 23 stabbed two RDP supporters, one
of whom was admitted to a hospital in critical condition; one person,
an alleged SWAPO supporter, was arrested. Following the incidents,
SWAPO Secretary General and Minister of Justice Pendukeni Iivula-Ithana
claimed that the media exaggerated the two incidents and that neither
was politically motivated.
On October 28, citing registration problems and Electoral
Commission bias, three opposition political parties decided to boycott
the October 31 Tobias Hainyeko constituency by-election. On the eve of
the election, security forces arrested and briefly detained four
opposition party leaders, who had circulated a document urging
residents not to vote; the four were charged with violating section 104
of the Electoral Act, which prohibits the use of threats or violence to
prevent people from voting. Both the LAC and the Institute for Public
Policy Research questioned the use of Article 104 as justification for
the detentions. By year's end the prosecutor general had not decided
whether to prosecute the opposition leaders.
Two days prior to the Tobias Hainyeko constituency by-election,
unknown assailants threw tear gas at the house of RDP candidate Erasmus
Hendjala.
Women held 24 seats in the 78-seat National Assembly, which
included six appointed seats and 72 elected ones. There were six female
ministers, including the deputy prime minister, and five female deputy
ministers among the 45 ministerial and deputy ministerial incumbents.
Historic economic and educational disadvantages limited the
participation of the indigenous San ethnic group in politics; however,
a SWAPO member of the San community represented the community in the
National Assembly. Virtually all of the country's other ethnic
minorities were represented in parliament and in senior positions in
the cabinet. Members of smaller ethnic groups held the offices of
deputy prime minister and speaker of the National Assembly.
Government Corruption and Transparency.--The law prohibits
corruption, but the Government did not implement the law effectively,
and officials engaged in corrupt practices. The World Bank's Worldwide
Governance Indicators reflected that corruption was a problem.
During the year the Government took action against corrupt
officials. On November 27, the Anti-Corruption Commission (ACC)
arrested Vincent Hailulu, the chief executive officer of the National
Housing Enterprise. Hailulu was charged with ``enriching himself'' with
public funds-overcharging on travel and using a government credit card
for private reasons-as well as not following proper hiring procedures.
Hailulu was released on bail and awaited a trial scheduled for February
2009.
On August 7, a court sentenced former employee Jacqueline Snewe of
the Government-owned Namibia Wildlife Resorts to six years'
imprisonment for diverting 500,000 Namibian dollars ($49,442) in
tourism fees from the Ministry of Environment and Tourism, according to
press reports.
On August 18, the Karas Regional Council decided not to renew the
contract of its chief regional officer, Salman Jacobs, who was charged
with filing fraudulent travel vouchers and defrauding the council on a
gardening project.
Investigations into 2007 corruption cases involving the Ministry of
Works, Transport, and Communication; the Henties Bay Town Council; and
the Ministry of Lands and Resettlement were ongoing at year's end.
The 2005 embezzlement case against Gerry Munyama, the former
director general of NBC, was still pending before the courts at year's
end.
Critics of the anticorruption campaign charged that the ACC
narrowly interpreted its mandate and focused on minor cases, few of
which were prosecuted. Observers cited the 2007 case against Namibia
Liquid Fuel (NLF) as an example of the ACC overlooking or not
vigorously pursuing cases in which more senior officials were
implicated. NLF was a privately held company founded by senior
government officials shortly before the company won a lucrative
contract to import petroleum products on behalf of a parastatal. In the
2007 case, the ACC found that government officials had appropriately
disclosed their interests in NLF but failed to comment on the adequacy
of existing government regulations on conflict of interest or of the
propriety of government employees using their positions for personal
gain.
Public officials were subject to financial disclosure laws.
Government institutions, the ACC, the Office of the Ombudsman, and the
Office of the Auditor General were responsible for combating public
corruption.
No laws provided for public access to government information, and
media outlets generally found the Government unwilling to provide
information, including salary scales for public officials.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases; however, government
officials continued to disapprove publicly of NGO criticism of the
ruling party and government policies.
The NSHR and the LAC were the primary human rights NGOs in the
country, and the police regularly met with both. The LAC often assisted
police with human rights training, while the NSHR reported incidents of
police brutality and abuse of power.
On March 11, SWAPO Secretary General and Minister of Justice
Pendukeni Iivula-Ithana called NSHR Director Phil ya Nangoloh ``an
agent provocateur who wants to instigate violence'' after ya Nangoloh's
group filmed what it claimed was evidence of SWAPO violence against RDP
supporters. The film showed SWAPO party supporters trying to disrupt a
procession of RDP supporters on their way to an RDP rally at Omuthiya.
The Government generally cooperated with international NGO human
rights organizations, and the ICRC and other international bodies made
visits during the year.
There was an autonomous ombudsman, with whom the Government
cooperated; he was considered effective in addressing some corruption
and human rights problems.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
creed, gender, language, disability, social status, or religion, and
specifically prohibit ``the practice and ideology of aparthei.'';
however, the Government did not effectively enforce these prohibitions.
Women.--The law defines rape in broad terms and allows for the
prosecution of spousal rape. Numerous cases of rape were prosecuted
during the year, and the Government generally enforced rape penalties,
which provided for sentences of between five and 45 years' imprisonment
for convicted rapists. According to police statistics for 2007, more
than 12,563 cases of gender-based violence were reported, 1,111 of
which involved rape. A 2006 LAC report cited a number of factors that
hampered rape prosecutions, including lack of police transport, poor
communication between police stations, and lack of expertise in dealing
with child rape complainants. The report also noted that approximately
one-third of all rape complainants withdrew their cases, usually within
one or two months of filing charges, and that almost two-thirds of rape
cases involved partners, family members, or acquaintances.
Domestic violence is against the law; however, domestic violence,
including beatings and rape, was widespread. There were 15 women's and
children's shelters staffed with police officers trained to assist
victims of sexual assault. During the year the People's Education,
Assistance, and Counseling for Empowerment Center and other NGOs
continued to provide training to these units. In 2007 the Ministry of
Gender Equality and Child Welfare hosted a national conference on
gender-based violence which developed a comprehensive strategy to
address the issue. As part of that strategy, the Government, together
with its civil society partners, concluded a study during the year on
social conditions that resulted in violence against women and children.
In some magistrates' courts, there were special courtrooms to protect
vulnerable witnesses from open testimony; the courtrooms featured a
cubicle made of one-way glass and child-friendly waiting rooms.
The law does not prohibit prostitution, and it was widespread.
The law prohibits sexual harassment. Statistics were unavailable,
but the problem was believed to be widespread. In late 2007 the LAC
filed the first court case of workplace sexual harassment, which was
settled in February for an undisclosed sum.
The law prohibits discrimination against women, including
employment discrimination; however, men dominated positions in upper
management. The Ministry of Labor and Social Welfare and the Employment
Equity Commission, which report to the minister of labor, were
responsible for problems involving discrimination in employment;
however, neither was effective due to the backlog of cases. The law
prohibits discriminatory practices against women married under civil
law, but women who married under customary (traditional) law continued
to face legal and cultural discrimination. Traditional practices that
permitted family members to confiscate the property of deceased men
from their widows and children still existed.
The Ministry of Gender Equality and Child Welfare was responsible
for advocating for women's rights. The Ministry of Justice's Law Reform
and Development Commission advocated for women's rights in legislation.
Children.--The law enumerates children's rights; however, resource
constraints and untrained support staff resulted in inadequate
attention to child welfare. The Government dedicated approximately 21
percent of its budget to education and 9 percent to health care.
According to a 2006 survey conducted by the Government,
approximately 40 percent of children-many of whom were born at home in
rural areas-did not possess birth certificates, which are necessary to
apply for social grants. Although prohibited by law, teachers in
regions of the country bordering Angola, Zambia, Zimbabwe, and Botswana
reportedly often refused to teach children who could not prove their
citizenship. Mothers who delayed registration often faced a difficult
process and long delays, particularly if parents had died and death
certificates or other needed documents had never been obtained.
During the year officials from the Department of Home Affairs and
Immigration deployed to Katutura State Hospital in Windhoek in a pilot
project to facilitate applications for birth certificates; previously,
new mothers waited in long lines at the department's office.
The birth registration pilot project at Katutura was open to all
children, including the San, a significant number of whom did not have
birth certificates or other forms of state identification. San often
lived in remote areas, however, and the Government conducted mobile
registration projects to those regions to register births. NGOs
reported a decrease in San complaints of being unable to obtain proper
identification documents; however, problems continued due to lack of
birth records and lack of government officials with the necessary
language skills. As with other undocumented citizens, orphaned San
often could not receive government grants, and undocumented adult San
could not receive state pension payments.
During the year the court found unconstitutional a law that barred
a child born out of wedlock from inheriting from the biological father.
The ruling was made retroactive until 1990, the year when the
constitution came into force. The ruling was considered particularly
important given the number of children born outside marriage and the
relatively low percentage of persons with wills.
Although the constitution provides children with the right to
primary and junior secondary education (grades one to 10), the numerous
fees, which included fees for uniforms, books, boarding costs, and
school improvement, placed a heavy burden on poor families and
precluded some children from attending school. In general, more girls
than boys were enrolled in secondary schools. Many San children and
children from destitute families did not attend school.
Child abuse was a serious problem, and authorities vigorously
prosecuted crimes against children, particularly rape and incest. The
law protects children under 18 years of age by criminalizing the
actions of the client or pimp in cases of sexual exploitation, child
pornography, and child prostitution. The Government continued to
provide training for police officials to improve the handling of child
sex abuse cases. Centers for abused women and children worked actively
to reduce the trauma suffered by abused children.
Child prostitution occurred, generally without third-party
involvement, and primarily as a means of survival among HIV/AIDS
orphans and other vulnerable children. The growing number of HIV/AIDS
orphans increased the vulnerability of children to sexual abuse and
exploitation.
City police arrested homeless children and detained them in police
stations (See Section 1.d.).
During the year the Government took several steps to provide
medical care and other assistance to approximately 250,000 HIV/AIDS
orphans and vulnerable children. For example, the Government reduced or
eliminated school fees and provided social grants for such children.
Trafficking in Persons.--The law specifically prohibits trafficking
in persons; however, there were reports that persons were trafficked
to, from, or within the country. The law also prohibits slavery,
kidnapping, and forced labor, including forced prostitution, child
labor, and alien smuggling.
During the year there were reports that Zambian and Angolan
children were trafficked to Namibia for domestic servitude,
agricultural labor, and livestock herding.
On December 3, the Irish Times newspaper reported that Irish
authorities had ``disrupted and dismantled'' a trafficking ring and
that one of the seven trafficking victims was a Namibian woman. On
December 5, The Namibian newspaper reported that immigration officials
had detained a Somali woman with an Irish passport and her children at
Hosea Kutako International Airport for being suspected victims of
trafficking. No further information was available, and it was unclear
whether the newspapers were referring to the same or different cases.
The police Serious Crime Unit is responsible for monitoring and
investigating possible cases of trafficking.
Traffickers were subject to fines of up to one million Namibian
dollars (approximately $98,907) or up to 50-years' imprisonment.
The UN Children's Fund and several NGOs assisted trafficking
victims by providing support to counseling programs and shelters.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--While discrimination on the basis of
disability is not addressed in the constitution, the law prohibits
discrimination against persons with physical and mental disabilities in
employment. Enforcement in this area was ineffective, and societal
discrimination persisted. The Government does not require special
access to public buildings, and some ministries remained inaccessible.
Although some municipal governments have installed ramps and special
curbing for persons with disabilities at street crossings, physical
access for those with disabilities remained a problem. Disability
concerns received greater public attention than in previous years, with
wider press coverage of the human rights problems that faced persons
with disabilities. The Office of the Prime Minister employed an advisor
on disability.
On September 22, Air Namibia, the state-owned airline, barred a
wheelchair-bound customer, David Mukwasa, from boarding a flight. Air
Namibia stated that its Beechcraft 1900 D aircraft, used for all
domestic flights, could not accommodate passengers with limited
mobility. Air Namibia subsequently transported Mukwasa to his
destination by car.
National/Racial/Ethnic Minorities.--Despite constitutional
prohibitions, societal, racial, and ethnic discrimination persisted.
Some citizens continued to accuse the Government of providing more
development assistance and professional opportunities to the majority
Ovambo ethnic group. There were reports of farm workers, mostly black,
suffering discrimination in remote areas by farm owners, both black and
white.
Indigenous People.--The San, the country's earliest known
inhabitants, historically have been exploited by other ethnic groups.
By law all indigenous groups participate equally in decisions affecting
their lands, cultures, traditions, and allocations of natural
resources; however, the San and other indigenous citizens have been
unable to exercise these rights fully as a result of minimal access to
education, limited economic opportunities, and their relative
isolation. The Government took measures to end societal discrimination
against the San, including seeking their advice about proposed
legislation on communal lands and increasing their access to education.
Indigenous lands were effectively demarcated, but poorly managed.
During the year the deputy prime minister continued promoting special
projects for the advancement of the San community. Despite these
measures, many San children did not attend school.
The Government has authority to confer recognition or withhold it
from traditional leaders, even in opposition to local preference. This
authority was controversial because of local leaders' influence on
local issues, including local police powers. In some cases the
Government allegedly withheld recognition from traditional leaders for
political reasons.
For example, Katjamba Tjambiru, a female chief of the Ovahimba
community, in February alleged that the Government rejected her
application for official recognition as a traditional authority because
she did not support the ruling party. The Government subsequently
recognized her nephew Vemuii Tjambiru, a SWAPO supporter.
Other Societal Abuses and Discrimination.--The law does not
prohibit homosexuality; however, sodomy between males is illegal, and
the practice of homosexuality was frowned upon, according to The
Rainbow Project, a group that lobbies for the rights of sexual
minorities. There were no reported cases of discrimination against
homosexuals during the year.
There were no reports of discrimination against workers because of
their HIV/AIDS status, although high-level officials conceded that
societal discrimination against and stigmatization of persons living
with HIV/AIDS was a problem. The Government supported the work of the
Namibia Business Coalition against HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The constitution provides for the
right to form and join trade unions without previous authorization or
excessive requirements, and most workers exercised this right in
practice; however, workers in essential services are prohibited from
doing so. Approximately 25 percent of employed persons belonged to some
form of union or employers organization, while almost 4 percent of
unemployed persons belonged to such an organization, according to the
2004 Labor Force Survey.
The labor code provides for the protection of all workers, but farm
workers and domestic servants working on rural and remote farms often
did not know their rights, and unions experienced obstacles in
attempting to organize these workers. As a result, some farm workers
reportedly suffered abuse by employers. Some also had poor access to
health care. During the year the Government continued efforts to train
labor inspectors and educate workers on their rights.
Except for workers in public health, safety, and other essential
services, workers have the right to strike once conciliation procedures
are exhausted and 48-hour notice has been given to the employer and
labor commissioner. Strike action can be used only in disputes
involving specific worker interests, such as pay raises. Disputes over
worker rights, including dismissals, must be referred to a labor court
for arbitration. The law protects workers engaged in legal strikes from
unfair dismissal. The law also specifically protects both union
organizers and striking workers from employer retaliation; however, the
scarcity of judges and lack of expertise in labor law caused lengthy
and unnecessary delays in such cases.
In May a private security firm at the Skorpion Zinc mine used
rubber bullets to disperse 50 workers, who were protesting a lockout at
the mine. The manager of the security firm, who was charged with
assault and released on bail, had not been brought to trial by year's
end.
b. The Right to Organize and Bargain Collectively.--The law
provides employees with the right to bargain individually or
collectively and to recognize the exclusive collective bargaining power
of the union when a majority of the workers are members of that union;
workers exercised these rights in practice. Collective bargaining was
not practiced widely outside the mining, construction, agriculture, and
public service sectors. Almost all collective bargaining was at the
workplace and company level. The Ministry of Labor cited lack of
information and basic negotiation skills as factors hampering workers'
ability to bargain with employers successfully. The majority of trade
unions officially were affiliated with SWAPO, which many argued limited
their independence in promoting worker rights.
In 2007 the Government passed a new Labor Act, which entered into
force November 1. Among other provisions, the act provides for
arbitration and conciliation to resolve labor disputes more quickly.
The law prohibits antiunion discrimination. There were no instances
of companies failing to reinstate workers who were fired for legal
union activities.
There are export processing zones (EPZs) at the Walvis Bay and
Oshikango industrial parks and a number of single-factory EPZs outside
of these parks. The law applies to EPZs, and unions have been active in
the EPZs since their establishment.
c. Prohibition of Forced or Compulsory Labor.--Although the law
prohibits forced or compulsory labor, including by children, there
continued to be media reports that farm workers, including some
children on communal farms, and domestic workers often received
inadequate compensation for their labor and were subject to strict
control by employers. Given the Ministry of Labor's resource
constraints, labor inspectors sometimes encountered problems in gaining
access to the country's large communal and family-owned commercial
farms to investigate possible labor code violations.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace;
however, child labor continued to be a problem. The 2007 Labor Act
provides that persons found guilty of employing children can face a
maximum fine of 20,000 Namibian dollars ($2,056) and/or up to four
years' imprisonment. Criminal penalties and court orders were available
to the Government to enforce child labor laws, but such action involved
a complicated legal procedure. Under the law, the minimum age for
employment is 14, with higher age requirements for night work and in
certain sectors such as mining and construction. The minimum age was
inconsistent with the age for completing education requirements.
Children below the age of 14 often worked on family-owned commercial
farms and in the informal sector, and some also worked in communal
areas or assisted parents working in the charcoal industry.
During the year the Ministry of Labor and Social Welfare, which is
responsible for enforcing child labor laws, investigated three child
labor cases and sentenced the offending employers under the more
lenient legislation in effect prior to the 2007 Labor Act. In the first
case, the employer of a 10-year-old boy who was paralyzed and
ultimately died as a result of an injury incurred performing farm work
was given a ``compliance order,'' a directive from the minister to
comply with the law or face sanctions. In the second case, the
employers of several Angolan cattle herders between 10 and 13 years of
age also were given compliance orders; however, the case was scheduled
to be reopened under the 2007 Act. In the third case, in the Caprivi
region, the organizer of a child labor ring was given a compliance
order; the three Zambian children involved in the ring were
repatriated.
The Ministry of Labor's National Initiative to Eliminate the Worst
Forms of Child Labor concluded its baseline study of the extent of
child labor in the country, and made recommendations to eliminate the
practice. In April the Government and other interested parties
developed an action plan to eliminate child labor, which was most
prevalent in agriculture, charcoal production, and domestic service.
The Ministry of Gender Equality and Child Welfare conducted several
programs aimed at encouraging parents and guardians to allow children
to attend school.
According to an ILO report which cites a 1999 child labor survey,
16 percent (or roughly 72,500) of Namibian children between six and 18
years of age worked for profit, pay, or family gain; children in rural
areas were ten times more likely to be employed than urban children.
The report also noted that girls often were forced into domestic work
and prostitution, while boys engaged in child labor usually worked on
farms or in construction, charcoal production, or prostitution.
The Government has introduced several programs aimed at supporting
children to stay in school and away from the labor market. The Ministry
of Gender Equality and Child Welfare and the Ministry of Health and
Social Services coordinated welfare programs for orphans, including
those affected by HIV/AIDS, by providing grants and scholarships to
keep them in school. Additionally, the Government collaborated with the
Namibia Agricultural Union and the Namibia Farm Workers Union to
eliminate child labor through awareness campaigns. The Government also
continued to work with NGOs such as Project Hope to assist the victims
of child labor.
e. Acceptable Conditions of Work.--There was no statutory minimum
wage law, but the mining, construction, security, and agricultural
sectors set basic levels of pay through collective bargaining. Average
wages for unskilled workers did not provide a decent standard of living
for a worker and family, especially since the average wage earner
supported an extended family. Wage levels for the less educated
majority remained very low.
The standard legal workweek is 45 hours with at least one 36-hour
rest period per week. An employer may require no more than 10 hours per
week of overtime, and the law requires premium pay for overtime work.
The law mandates 24 workdays of annual leave per year, at least 36
workdays of sick leave over a three-year period, and three months of
maternity leave paid by the employer and the Social Security
Commission. The Ministry of Labor did not always enforce these
provisions.
There continued to be concerns that Chinese firms failed to adhere
to the labor code, in part by allegedly hiring and firing workers at
will, failing to pay established minimum wages and benefits in certain
industries, and failing to respect work-hour regulations for public
holidays and Sundays.
The Ministry of Labor and Social Welfare mandates occupational
health and safety standards, and the Labor Act empowers the president
to enforce these standards through inspections and criminal penalties.
Labor laws generally were implemented efficiently, but the Ministry of
Labor lacked an adequate number of trained inspectors to monitor
adherence, especially in small, family-owned operations. The law
requires employers to ensure the health, safety, and welfare of their
employees. It provides employees with the right to remove themselves
from dangerous work situations; however, some workers did not have this
right in practice.
__________
NIGER
Niger is a multiparty republic that restored its multiparty system
in 1999 following coups in 1996 and 1999; it has a population estimated
at 14.8 million. In 2004 voters elected Mamadou Tandja to a second
five-year presidential term in an election that international observers
deemed generally free and fair. Four parties joined the ruling
coalition of the National Movement for the Development of Society
(MNSD) and the Democratic and Social Convention (CDS) to win a majority
of national assembly seats. In February 2007 the Tuareg rebel group
Niger Movement for Justice (MNJ) launched a series of attacks against
military and strategic installations in the north. The frequency and
intensity of attacks diminished at the end of 2008, but the Government
did not lift the state of alert declared in August 2007. While civilian
authorities generally maintained effective control of the security
forces, there were instances in which elements of the security forces
acted independently of government authority.
Government respect for human rights did not improve from the
previous year. Human rights abuses included extrajudicial killings and
use of excessive force by security forces; poor jail and prison
conditions; arbitrary arrest and detention; prolonged pretrial
detention; executive interference in the judiciary; excessive use of
force and other abuses in internal conflict; restrictions on press
freedom; forcible dispersal of demonstrators; restrictions on freedom
of movement; official corruption; societal discrimination and violence
against women; female genital mutilation (FGM); trafficking in persons;
the practice of slavery by some groups; and child labor. Official
impunity was a problem.
The MNJ committed arbitrary killings and other abuses.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
security forces were responsible for the deaths of civilians in
connection with the conflict in the north. (See Section 1.g.)
There were developments in the 2004 killing of local political
leader Adam Amangue. On July 14, the Court of Appeals sentenced former
minister and Tuareg political figure Rhissa Ag Boula to death in
absentia for ordering the killing. Of the four individuals who remained
in prison on charges related to the killing, the court dismissed
charges against one and sentenced three to 20 years' imprisonment and
fined them a total of 20 million CFA (approximately $40,000) in
damages.
There were no developments in the 2006 deaths of Alpha Harouna
Hinsa and Moussa Douka, both of whom died after being taken into police
custody.
Bandits continued to set up roadblocks along highways to attack,
rob, and kill persons. For example, on March 12, armed bandits attacked
a vehicle transporting goods between Agadez and Arlit, killing one
person.
There were no further developments in the 2006 attack on a
cigarette convoy in the northern region.
Disputes between herders and farmers over land rights and grazing
areas continued and resulted in several deaths. There were no further
developments regarding the January 2007 dispute in Zinder Region that
resulted in four deaths, or the July 2007 clash that left seven dead
and seven injured in Tillabery Region. On February 8, in the town of
Konni, south-central Niger, a clash between herders and private
vigilante groups resulted in the death of one person.
On September 25, 12 villagers died as a result of community clashes
over livestock theft in Chiwilli, Tillabery Region. Regional and local
authorities visited the village to restore peace. The case was under
investigation at year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances; however, on December 14, the UN Secretary General's
Special Envoy for Niger, former Canadian Ambassador Robert Fowler, and
his Special Assistant Louis Guay and their driver, disappeared.
Security officials recovered their vehicle and personal effects. While
government and security officials continued investigations, the victims
remained missing at year's end.
There were reports also of disappearances during the year in
connection with the conflict in the north. (See Section 1.g.)
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that security forces and the MNJ beat and reportedly
tortured civilians in connection with the conflict in the north.
Fighting between government and rebel forces in the north resulted in
civilian injuries. (See Section 1.g.)
Police forcibly dispersed demonstrations, which resulted in
injuries.
Disputes between farmers and herders resulted in deaths and
injuries.
Prison and Detention Center Conditions.--Prison conditions were
poor and life threatening. Prisons were underfunded, understaffed, and
overcrowded. For example, in Niamey's civil prison there were 718
prisoners in a facility built for 350. Family visits were allowed, and
prisoners could receive supplemental food, medicine, and other
necessities from their families; however, nutrition, sanitation, and
health conditions were poor, and deaths occurred from AIDS,
tuberculosis, and malaria.
Corruption among prison staff continued. Officials demanded bribes
to let prisoners leave prison for the day and serve their sentences in
the evenings or serve their sentences in the national hospital in
Niamey.
Pretrial detainees were held with convicted prisoners.
Human rights observers, including the International Committee of
the Red Cross (ICRC), the National Human Rights and Fundamental
Liberties Commission, the Collective of Human Rights and Democracy
Association, and media representatives were granted unrestricted access
to prisons and detention centers and conducted visits during the year.
ICRC visits were in accordance with its standard modalities.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the law prohibits
detention without charge in excess of 48 hours; however, police
violated these provisions.
The state of alert in the north allowed security forces to arrest
and detain individuals without charge indefinitely. (See Section 1.g.)
Role of the Police and Security Apparatus.--The armed forces, under
the Defense Ministry, are responsible for internal and external
security. The gendarmerie, also under the Defense Ministry, has primary
responsibility for rural security. The national forces for intervention
and security, under the Interior Ministry, are responsible for domestic
security and the protection of high-level officials and government
buildings. The national police, also under the Interior Ministry, are
charged with urban law enforcement.
The police were ineffective, largely due to a lack of basic
supplies such as vehicle fuel, radios, uniforms, handcuffs, batons, and
badges. Patrols were sporadic, and emergency response time in Niamey
could take 45 minutes. Police training was minimal, and only
specialized police units had basic weapons-handling skills. Citizens
complained that security forces did not adequately police border
regions and remote rural areas. Corruption remained an ongoing problem.
The gendarmerie is responsible for investigation of police abuse;
however, impunity was a widespread problem.
Arrest and Detention.--The constitution and law require a warrant
for an arrest, and this generally was observed in practice in areas
outside the north. Judges and prosecutors weigh evidence and issue
warrants accordingly. Persons are brought before an independent
judiciary. However, there were reports that several persons were
detained arbitrarily under the state of alert. The law allows
individuals to be detained initially for up to 48 hours without charge,
and allows an additional 48 hour detention period if police need more
time to gather evidence. Detainees have a right to prompt judicial
determination, and this generally occurred in practice. Security forces
usually informed detainees of the charges against them promptly;
however, detainees involved with sensitive cases were sometimes held
longer than legally permitted. There is a functioning bail system for
crimes carrying a penalty of fewer than 10 years' imprisonment. Those
arrested must be notified of their right to a lawyer within 24 hours.
Indigents are provided a lawyer by the Government. Widespread ignorance
of the law and lack of financial means prevented many from fully
exercising their right to an attorney and using the bail system.
Security forces arrested journalists during the year.
Police occasionally conducted sweeps to detain suspected criminals.
There were serious backlogs in the judicial system. The law
provides for a maximum pretrial confinement of 30 months for serious
crimes and 12 months for minor offenses, with special extensions in
certain sensitive cases; however, some persons waited as long as six
years to be tried. At year's end, 70 percent of the prisoners in
Niamey's civil prison were awaiting trial. Trial delays occurred due to
factors such as lengthy legal procedures, inadequate resources, staff
shortages, and corruption.
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, the executive branch sometimes
interfered with the judicial process. Corruption and inefficiency were
problems. Judges sometimes feared reassignment or having their
financial benefits reduced if they rendered a decision unfavorable to
the Government. In civil matters there were reports that family and
business ties influenced lower court decisions. In some instances
judges granted provisional release pending trial to high-profile
defendants. These defendants were seldom called back for trial, and had
complete freedom of movement and could leave the country.
The Court of Appeals reviews questions of fact and law, while the
Supreme Court reviews application of the law and constitutional
questions. The High Court of Justice (HCJ) deals with cases involving
senior government officials. The justice system also includes civil
criminal courts, customary courts, traditional mediation, and a
military court. The military court provides the same rights as civil
criminal courts; however, customary courts do not. The military court
cannot try civilians.
Under customary courts and traditional mediation, individuals do
not have the same legal protections as those using the formal court
systems. Traditional chiefs can act as mediators and counselors. They
have authority to arbitrate in many customary law matters, including
marriage, inheritance, land, and community disputes, but not in all
civil issues. Chiefs received government stipends, but had no police or
judicial powers.
Customary courts, based largely on Islamic law and local tradition,
are located only in large towns and cities and try civil law cases. A
legal practitioner with basic legal training, advised by an assessor
knowledgeable in the society's traditions, heads these courts. The
judicial actions of chiefs and customary courts are not regulated by
formal law, and defendants can appeal a verdict in the formal court
system.
Trial Procedures.--The law affirms the presumption of innocence.
Trials were public, and juries are used. Defendants have the right to
counsel, including counsel at public expense for minors and indigent
defendants charged with crimes carrying a sentence of 10 years or more.
Those arrested must be notified of their right to a lawyer within 24
hours of detention. Indigents are provided a lawyer by the Government.
Defendants also have the right to be present at trial, to confront
witnesses, and to present witnesses on their own behalf. The Government
has a legal obligation to inform defendants of all evidence against
them, and defendants have access to government-held evidence.
Defendants may appeal verdicts, first to the court of appeals and then
to the Supreme Court. Widespread ignorance of the law prevented many
accused from taking full advantage of these rights.
Although lawyers complied with government requests to provide
counsel, the Government generally did not remunerate them.
Women do not have equal legal status with men in customary courts
and traditional mediation, and do not enjoy the same access to legal
redress.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Courts of civil procedure
exist in each major city. These courts are generally independent and
impartial, and there is access to seek damages for human rights
violations. These courts hear lawsuits related to civil matters and can
apply judicial remedies, while a single appellate entity is responsible
for administrative remedies.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law generally prohibit such
actions, and the Government generally respected these prohibitions;
however, police may conduct searches without warrants when they have
strong suspicion that a house shelters criminals or stolen property.
On January 16, police searched the house of Kambeidou Salamatou
Coulibaly, a member of a predominantly Tuareg political party, without
a warrant. The police stated the search was part of an investigation
following a landmine explosion in Niamey the week before.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
In February 2007 the MNJ began a series of attacks against military and
strategic installations in the country's uranium-rich northern region.
The MNJ demanded greater regional autonomy and a larger share of the
region's resources and claimed the Government had not honored
provisions of the 1995 peace accord that ended a five-year Tuareg
rebellion. The Government stated it had fulfilled most of the peace
accord provisions. In response to the attacks, the Government sent at
least 4,000 troops to the region, where they continued to operate at
year's end under special powers the president granted under the state
of alert declared in August 2007. The state of alert allowed the
Government to arrest and detain persons without charge indefinitely,
restrict freedom of movement, and ban live broadcasts about the
Government's policy in the north.
Killings.--Fighting between government and rebel forces resulted in
the deaths of dozens of civilians during the year. For example, on
January 21, one civilian died during an MNJ attack in Tanout.
Soldiers killed suspected informants and rebel collaborators. There
were reports that the army killed at least eight civilians in the north
between March 19 and March 26.
The Government's investigation into the army's December 2007
killing of six civilians and an off-duty police officer near Tiguidit
was ongoing at year's end. The victims' families also lodged a
complaint and the case was pending before the Tribunal of Niamey at
years' end. The Ministry of National Defense had referred the results
of its collection of evidence and information to the Ministry of
Justice for legal analysis and investigation by year's end.
During the year landmines killed dozens and wounded about 120,
including civilians, according to the Government and international
monitors. The Government and the MNJ accused each other of laying the
landmines.
For example, on January 8, a landmine exploded and killed one
civilian in Niamey; on August 24, a landmine accidentally killed one
civilian and injured several persons during an arms lay down ceremony
in Goure, Zinder; and on August 29, a landmine accidentally exploded
and killed the occupants of a vehicle transporting a stockpile of
weapons found abandoned near the border with Chad.
Abductions.--On April 3, international human rights organization
Amnesty International urged the Government to order the security forces
to stop extrajudicial executions and forced disappearances of civilians
in the north.
Local human rights organizations and media published a list of at
least 50 individuals held in detention centers in various localities
from 2007 to year's end. However, the Government had not released the
names of many of those held or the charges against them in these
conflict-related cases.
For example, in January police arrested two army corporals, two
former military officers, and one taxi driver in Niamey, reportedly for
attempting to join the MNJ. On April 3, the gendarmerie arrested
Abdoulaye Amadou, Director General of Public Security, suspected of
collaborating with the MNJ; it released him on June 11 and officials
removed him from office. On April 7, security forces arrested Colonel
Soumana Gouro, a military attache, for allegedly making public comments
``tarnishing his country's image,'' and released him a month later. On
April 30, local authorities in Agadez arrested Catherine Dubois, a
French citizen and head of local non-governmental organization (NGO)
Nomad's Land, on charges of conspiracy against state security for
alleged links with the MNJ. The Court of Appeals of Zinder granted her
provisional release on August 8, which allowed her to return to her
country. On May 14, the gendarmerie temporarily detained human rights
activist Corinne Lee Dufka.
In June the army released Aziz Amayagy, the international NGO
Africare employee it had detained in August 2007 in Agadez.
There were several cases of abduction by MNJ forces. On January 21,
the MNJ kidnapped the prefet (prefect) of Tanout during a raid; they
released him to the ICRC with 24 other hostages on March 9. On January
25, the MNJ abducted four civilians at Titirtagatt, in the District of
Arlit, but released them shortly thereafter. On May 15, the MNJ
abducted the vice president of the Government's National Commission for
Human Rights and Fundamental Liberties and his nephew in Tanout, Zinder
Region; on May 24, the MNJ released them to the custody of the ICRC. On
June 22, the MNJ kidnapped three French citizens; they turned them over
to the ICRC on June 27.
Physical Abuse, Punishment, and Torture.--There were reports of
torture by both government soldiers and the MNJ.
There were reports that the army arrested several civilians, and
beat and detained them in military barracks before turning some over to
law enforcement officials. Security forces held some individuals
incommunicado.
Alleged MNJ rebels stopped transport vehicles, beat passengers, and
stole their valuables.
Child Soldiers.--Unlike the previous year, there were no reports of
children being used in conflicts.
Other Conflict-Related Abuses.--Reports indicated that
approximately 23,000 persons living north of the city of Agadez
remained inaccessible due to the conflict. The 23,000 represent the
estimated rural population (not only internally displaced persons) in
the conflict zone. According to the UN Office for the Coordination of
Humanitarian Affairs (OCHA), more than 10,000 persons were displaced.
Humanitarian organizations had difficulties providing assistance to the
north due to landmines and a lack of security. Food shortages and
fighting between MNJ and government troops displaced civilians from
late 2007 through the early months of the year. About 4,500 persons
from Iferouane left in late 2007, and the mayor's office was
transferred to Arlit. The Iferouane mayor stated in February that
Iferouane schools were also shutting down. UN agencies reported that
thousands of students pulled out of school during the year and that
there were an estimated 700 displaced children under six years old in
the communes of Tchirozerine, Arlit, and Agadez. Residents of several
other towns north of Agadez were also displaced.
Section 2. Respect for Civil Liberties, Including:
Freedom of Speech and Press.--The constitution provides for freedom
of expression; however, the Government did not respect press freedom in
practice, particularly in relation to the conflict in the north.
Journalists practiced self-censorship. The state of alert in the north
restricted journalists' travel and their reporting on the conflict.
(See Section 1.g.)
Individuals generally could criticize the Government publicly or
privately without reprisal; however, the Government attempted to impede
criticism.
The Government published a daily newspaper. There were
approximately 45 private newspapers, some of which were affiliated
loosely with political parties. The private press criticized government
actions.
Radio was the most widely accessible medium. A government-owned
radio station provided news and other programs in French and local
languages. There were 15 private radio stations; eight were locally-
owned and featured news in local languages. Private radio stations were
generally less critical of the Government than private newspapers.
The two government-owned television stations broadcast in French
and the major national languages. Three private television stations
broadcast local and foreign programming, and also began a daily
newscast. A fourth private channel broadcast religious programming.
International channels were available in Niamey.
International media were not allowed to operate freely. The
Government did not allow them to cover events freely in the north. (See
Section 1.g.) BBC World Service was available in Niamey and Zinder.
Private radio stations carried Voice of America and Deutsche Welle.
Security forces arrested and detained journalists during the year,
mostly in relation to reporting on the conflict in the north. Security
forces also arrested journalists under libel laws for reporting on
other subjects.
The Government suspended or closed several private media outlets
during the year. One radio station-Sahara FM-remained closed at year's
end. Government officials continued to use criminal libel laws and the
media regulatory body to intimidate critics.
On February 5, the Tribunal of Niamey sentenced Idrissa Soumana
Maiga, director of private newspaper L'Enqueteur, and his editor,
Ibrahim Souley, to one month's imprisonment and a fine of 40,000 CFA
($80) each, following the Minister of Finance's complaint of
defamation. The charges resulted from the publication in November 2007
of an article accusing the minister of corruption and cronyism. The
state prosecutor appealed; the two journalists remained free pending
the decision of the Court of Appeals.
On February 26, officials sentenced Aboubacar Gourouza, director of
publication for private weekly L'Eveil Plus, to a one-month prison term
for ``discrediting Niger's justice system.'' The charges resulted from
his publication of an article critical of the provisional release of a
Nigerien municipal official, previously arrested for corruption.
Officials released Gourouza on March 27.
On March 12, the High Council of Communication (CSC) suspended
broadcasts by Radio France International (RFI) FM in Niger for three
months in reaction to a day-long program in support of jailed RFI
affiliate director Moussa Kaka, which was broadcast on March 10.
According to the CSC, RFI ``discredited national institutions'' and
refused to allow Nigerien authorities to comment on air during the
program.
On April 22, the CSC ordered the closure of Sahara FM, a private
radio station in Agadez, for an indefinite period for broadcasting
interviews with alleged victims of abuse by government troops. The
station remained closed at year's end.
On June 28, the CSC warned privately-owned TV/radio outlet Dounia,
demanded that it self-censor its reporting, and threatened to revoke
its license if it broadcast footage or announcements that could
``provoke instability.'' The CSC action resulted from Dounia's coverage
of police suppression of protests in support of jailed ex-prime
minister Hama Amadou. Dounia announced on air that it had received this
letter, which led other media outlets, civil society associations, and
NGOs to complain about government interference and intimidation of the
media. The CSC sent a separate letter to each of the country's
television and radio stations, warning them of possible legal sanctions
for similar reporting. On August 19, the CSC ordered Dounia to suspend
its broadcasts for one month for ``failure to respect the terms of
reference.'' The order did not elaborate on the event which triggered
the suspension, and CSC leadership refused to provide further
information in response to inquiries by Dounia's management. Dounia
resumed radio and television broadcasts on September 18.
On June 30, the Ministry of Communication closed Niger's Maison de
la Presse, a professional media center located on the ministry compound
in Niamey. According to a press release from the minister of
communication, the Maison de la Presse had become ``hostage to some
interest groups with hidden goals.'' The members of the Maison de la
Presse condemned the closure of the media center and, on September 27,
opened a new media center in a privately owned location.
On July 30, police arrested Moussa Aksar, the director of
publication of private newspaper L'Evenement. Officials accused Aksar
of ``propagation of false news'' for reporting on the police discovery
of arms in Niamey. The report tied ownership of the weapons cache to a
Nigerien army officer. On August 1, authorities released Aksar from
jail after charging him with ``divulging a defense secret.'' On
November 11, security forces again arrested Aksar and his assistant
Sani Aboubacar following a complaint by Ibrahim Foukori, director of
power company NIGELEC, regarding an article that was critical of
Foukori. Authorities released the two journalists on November 19
following a court ruling that sentenced them to three months' suspended
prison sentence. The two journalists appealed the decision. No trial
date was set by year's end.
On August 26, Abdoulaye Tiemogo, managing editor of Le Canard
Dechaine, a privately owned Niamey-based newspaper, fled to Mali,
alleging his life was in danger for publishing accounts critical of the
president. Tiemogo claimed that police mounted a search in Niamey to
arrest him and that an anonymous group had threatened to kill him. He
remained outside the country at year's end.
On September 4, the minister of communications threatened to
dissolve all professional media organizations in the country after
several fruitless attempts to force journalists to amend Maison de la
Presse by-laws to include representatives from the Government and the
CSC. The Minister did not carry out the threat.
On October 29, security forces arrested journalist and director of
independent weekly Opinions, Alzouma Zakari, after a complaint filed by
Minister of the Interior Albade Abouba in reaction to a recently
published article. On November 11, the court sentenced him to three
months' imprisonment and fined him 100,000 CFA (approximately $200);
his sentence was suspended and he was released.
On February 12, the Niamey Court of Appeals reversed a lower court
ruling barring consideration of alleged wiretap evidence against
journalist Moussa Kaka, in jail since September 2007; the court
reassigned his case to another judge. Kaka continued to be held through
a series of appeals by the state prosecutor that contested official
decisions to grant Kaka provisional release and dismiss the charges
against him. On September 16, state prosecutors requested that the
court revise the charges against Kaka from conspiracy against national
security to acts aiming to undermine national defense. On October 7,
the court affirmed the new charges against Kaka but granted him
immediate, provisional release pending trial. While the Government
contended that the case was not related to his work as a journalist,
the case has received worldwide attention-especially from international
media watchdogs-as a press freedom issue.
On February 6, the Court of Appeals of Zinder granted provisional
release to Air Info newspaper director Ibrahim Manzo Diallo, arrested
in October 2007. The court had not set a trial date at year's end.
On January 18, the Tribunal of Niamey granted provisional release
to two French journalists arrested in December 2007 on bail of 10
million CFA (approximately $20,000) each, but had not set a trial date
by year's end.
In August 2007 the Government banned all live private broadcasts of
debates on the conflict in the north. This ban continued at year's end.
Rebroadcast of taped debates was permitted, implying that broadcasters
should edit out unfavorable or controversial commentary. In practice
the media widely ignored the order. During the year the Government
continued to call on journalists to self-censor their reporting in the
interest of ``national unity'' and patriotism.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
However, few citizens used the Internet, due to lack of infrastructure.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, police forcibly dispersed demonstrators. The Government
retained authority to prohibit gatherings under tense social conditions
or if 48-hour advance notice was not provided.
On June 26, police used tear gas to disperse a crowd of supporters
that attempted to prevent a police convoy from transporting former
prime minister and MNSD ruling party leader Hama Amadou following a HCJ
investigative commission's decision to put him under preventive
detention. Nine persons suffered minor injuries. On October 25, local
authorities banned a meeting and protest planned by MNSD supporters to
demand Hama's release.
On December 30, the mayor of Zinder banned a protest aimed at
responding peacefully to various authorized demonstrations calling for
an extension of the incumbent president's term. The mayor stated that
protest organizers did not comply with the advance notice requirement.
They promptly submitted another request within the legal time frame,
but the mayor again banned the protest citing public order concerns.
There were no further developments in this case.
On January 23, the tribunal of Niamey granted provisional release
to University of Niamey Nigerien Students Union leaders Ibrahim Diori
and Hama Hamadou, who had been arrested in March 2007.
Freedom of Association.--The law provides for freedom of
association; however, citizens may not form political parties based on
ethnicity, religion, or region.
During the year the Government ordered various NGOs and
associations to suspend their activities. (See Section 4.)
On January 30, the governor of Zinder Region, citing current
security concerns, banned all regional and ethnic associations. Civil
society representatives saw the decision as a violation of the
constitution and said they would challenge it in court. At year's end
there were no reports that Zinder authorities had enforced this
decision or that civil society groups had taken legal action against
it.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
Islam was the dominant religion, and the Islamic Association, which
acted as an official advisory committee to the Government on religious
matters, broadcast biweekly on the Government- controlled television
station. Government-controlled media broadcast Christian programs only
on special occasions, such as Christmas and Easter, although the
independent media regularly broadcast such programs.
Religious organizations must register with the Interior Ministry.
Registration is a formality, and there was no evidence that the
Government favored one religious group over another or that it ever had
refused to register a religious organization. Approval is based on
submission of required legal documents and the vetting of organization
leaders.
The Government monitors religious expression it views as
potentially threatening to public order or national unity.
Societal Abuses and Discrimination.--There were no reports of
violence, harassment, or discrimination against members of religious
groups during the year.
There was no significant Jewish community, and there were no
reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement, foreign travel, emigration, and repatriation;
however, the Government continued to restrict freedom of movement in
the north. (See Section 1.g.)
Throughout the country security forces at checkpoints monitored the
movement of persons and goods, particularly near major population
centers. Security forces sometimes demanded bribes. Transportation
unions and civil society groups continued to criticize such practices.
During the year bandits set up roadblocks along highways and robbed and
killed travelers.
The law prohibits forced exile, and there were no reports that the
Government used it. However, on August 26, journalist Abdoulaye Tiemogo
fled into self-imposed exile alleging his life was in danger. (See
Section 2.a.)
Internally Displaced Persons (IDPs).--The conflict in the north
displaced many persons. (See Section 1.g.)
The Government and humanitarian organizations provided food for
IDPs. In March the World Food Program (WFP) sent more than 550 metric
tons of food to the northern communes. The WFP expected to deliver an
additional 992 tons of foodstuffs intended for 53,000 persons. Agadez
authorities stated they allowed many displaced parents from Iferouane
and Tchintelous who settled in Agadez or Arlit to register their
children in public schools. Authorities assigned teachers to the
schools and supplied those that had canteens.
Protection of Refugees.--The law does not provide for granting
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has not established a system for providing protection to
refugees. In practice the Government did not routinely grant refugee
status or asylum but provided protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened. The Government also provided temporary protection to
approximately 342 individuals who may not qualify as refugees under the
1951 convention or the 1967 protocol and during the year. The
Government cooperated with the Office of the UN High Commissioner for
Refugees and other humanitarian organizations in assisting refugees and
asylum seekers.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic and generally free and fair elections held on the
basis of universal suffrage.
Elections and Political Participation.--In 2004 voters elected
Mamadou Tandja to his second five-year presidential term with 65
percent of the vote in an election that international observers
described as generally free and fair, despite some irregularities on
election day. Irregularities included difficulties in voter card
distribution, ballots and other electoral materials lost or damaged
during transportation to polling places, late opening of polling
stations, ``proxy ballots'' and ``witnessed votes,'' lack of security
guards in rural polling stations, and other issues. A coalition
composed of the MNSD, CDS, The Rally for Social Democracy, the Rally
for Democracy and Progress, the Nigerien Alliance for Democracy and
Progress, and the Social-Democratic Party of Niger backed Tandja and,
in legislative elections held at the same time, won 88 of the 113 seats
in the National Assembly. The opposition Nigerien Party for Democracy
and Socialism won 25 seats. Tandja reappointed MNSD party president
Hama Amadou as prime minister. In May 2007 a National Assembly vote of
no confidence related to allegations of his involvement in a corruption
scandal forced Prime Minister Hama Amadou and his cabinet to resign.
The president appointed Seini Oumarou prime minister, who formed a new
cabinet.
Political parties operated without restriction or outside
interference. Individuals and political parties could freely declare
candidacies and stand for election.
The societal practice of husbands voting their wives' proxy ballots
diminished considerably and female voter turnout substantially
increased during the local, legislative, and presidential elections
held in 2004.
There were 14 women in the 113-member National Assembly and eight
female ministers in the 31-member cabinet; six of the country's 20
ambassadors were women. The law mandates that women fill 25 percent of
senior government positions and fill 10 percent of elected seats; women
held at least 10 percent of the 3,747 local council positions.
All major ethnic groups were represented at all levels of
government. There were eight seats in the National Assembly designated
for representatives of ``special constituencies,'' specifically ethnic
minorities and nomadic populations. President Tandja, reported to be
half Fulani and half Kanouri, is the country's first president who is
not from either the Hausa or Zarma ethnic groups, which make up 56
percent and 22 percent, respectively, of the population.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials often engaged in corrupt
practices with impunity. The World Bank's Worldwide Governance
Indicators reflected that corruption was a severe problem. The
Government publicly acknowledged that corruption was a problem.
Civil servants sometimes demanded bribes to circumvent bureaucratic
obstacles. Corruption was compounded by a poorly financed and trained
law enforcement system and weak administrative controls. Other
underlying causes were poverty; low salaries; the politicization of the
public service; the influence of traditional kinship, ethnic, and
family ties on decision making; a culture of impunity; and a lack of
civic education.
Nevertheless, during the year continued pressure from foreign
donors, civil society organizations, and many citizens led to some
progress in the fight against corruption. On January 17, the Government
established an intersectoral committee on corruption charged with
``examining and approving general and annual action plans for actions
to be carried out in line with support for the fight against
corruption.'' During the installation ceremony the minister of justice
emphasized that the president had given firm instructions to the
Ministry of Justice to fight ``without mercy'' any diversion of public
funds, and that persons involved in corruption of any degree would be
punished. On various occasions during the year the president reiterated
that the ``clean hands operation'' (crackdown on corruption) would
continue.
Law enforcement officials received more resources to carry out
their jobs. Officials in the justice system showed more diligence in
investigating, prosecuting, and punishing high-profile corruption
cases. The HCJ resumed the investigation of the Ministry of Education
and Literacy (MEBA) corruption case. The Government requested a
National Assembly session to waive the immunity of three
parliamentarians to appear in court in connection with the MEBA case.
The national commission to develop strategies to combat corruption
submitted its report and the Government was drafting legislation at
year's end to establish a national agency for the fight against
corruption.
In March security forces in Zinder detained all three district
mayors of the city of Maradi for purported involvement in corruption.
On April 9, the Court of Appeals of Zinder granted them provisional
release after they paid sums equal to the funds they were accused of
having misappropriated. A date for their trial was not set at year's
end.
On April 29, security forces detained in the Tillabery prison the
mayors of Falmey, Ngonga, and Dosso-communities in Tillabery Region-on
mismanagement and corruption charges. On June 3, officials granted them
provisional release after three months' imprisonment. A date for their
trial was not set by year's end.
In May the minister of interior by letter and the president in a
speech said all mayors who are facing corruption charges should be
suspended.
On May 21, security forces arrested and detained in the Niamey
prison the mayors of Sokorbe and Loga in Dosso Region on charges of
embezzlement. No date was set for their trial by year's end.
On June 11, officials suspended the mayor of Niamey Commune II,
Seyni Mounkaila, for embezzlement of 125 million CFA (approximately
$250,000). The case was under investigation at year's end.
On June 24, the National Assembly passed a resolution requesting
that the HCJ indict former prime minister Hama Amadou on charges that
he misused funds meant to support the private press. On June 26, the
HCJ ordered his detention at the maximum security Koutoukale prison. He
remained in prison while investigations continued at year's end.
On November 5, the Supreme Court indicted and ordered the arrest of
former justice minister Maty Elhadji Moussa on charges of illicit
enrichment and fraud. At year's end Moussa was under preventive
detention at Kollo prison pending further investigation and trial.
There were no further developments in the corruption case involving
the president of the Niamey City Council, Aboubacar Seydou Ganda, and
five of his senior staff members arrested in November 2007. In December
the Niamey District Court granted Ganda provisional release to seek
medical attention outside Niger. The 12 businessmen involved in this
case remained in prison at year's end.
On February 18, security forces rearrested and incarcerated Idi
Malle, president of the Maradi City Council, in the Maradi prison. In
December 2007 security forces had arrested and detained him for misuse
of public funds. Officials released him on bail a week later after he
paid back 40 million CFA (approximately $80,000).
There were no further developments in the MEBA corruption case
reopened in December 2007 and subsequently postponed.
There were no further developments in the 2006 case of three school
principals and two teachers charged with committing fraud in connection
with school exams.
The National Commission on Corruption's ability to investigate
corruption remained limited. It was an interim commission tasked to
study the magnitude of corruption and to determine strategies to combat
it. The commission also did not have adequate resources to carry out
its work fully.
Articles 40 and 63 of the constitution require the president and
cabinet members to submit written statements of their personal property
and assets before the Constitutional Court upon assuming office. These
statements are subject to annual updates and at the end of their term.
Initial statements and updates are published in the National Register
and via the press. A copy of the statements is forwarded to fiscal
services. Any discrepancy between the initial and the updated
statements must be justified. The Constitutional Court has authority to
assess such matters.
There were no laws that provided for public access to government
information; however, many documents could be obtained from individual
ministries and the National Archives. The Government granted access to
government information to both citizens and noncitizens, including
foreign media.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. However, during the
year, the Government ordered three humanitarian NGOs to suspend their
activities. Government officials were somewhat cooperative and
responsive to their views, but insecurity and travel restrictions in
the north limited the ability of human rights groups to investigate
human rights violations.
On July 10, police, acting on the orders of the minister of health,
forcibly closed a women's fistula care center managed by Dimol, a local
NGO. The Government ordered the NGO to suspend all activities and
evacuate the center funded by foreign donors on land provided by the
Government. While Dimol's donors and beneficiaries praised the
project's management, the Government accused the NGO of mismanagement,
unsatisfactory performance, and failure to comply with the Ministry of
Health's policy on fistula care and social reintegration.
On July 18, the Government ordered the French NGO Medecins Sans
Frontieres (MSF) to suspend aid activities in the region of Maradi. The
minister of health accused MSF of not complying with national and
international health protocols, showing a ``propagandistic attitude
contrary to medical ethics,'' and ``providing false figures on the
children who were victims of malnutrition with a view to raising lots
of money from donors.'' After various failed attempts to convince the
Government to reconsider its decision, MSF France terminated its
program in Niger on October 30.
On August 26, local authorities ordered the French NGO Action
Contre la Faim (ACF) to suspend its activities in the region of Tahoua.
However, they rescinded this decision a few days later.
In April 2007 the Government ordered WFP and several international
NGOs to stop food-for-work programs. During the year the Government
allowed international NGOs to monetize their food stocks in order to
conduct cash-for-work programs.
The Government-established National Commission on Human Rights and
Fundamental Liberties operated without government interference;
however, it lacked resources, was generally considered ineffective, and
issued few reports or recommendations.
During 2007 new commission elections were held but controversy over
the selection process continued, with representatives of two human
rights associations contesting each other's participation. The
Government attempted to mediate the controversy, but one of the groups
requested the Supreme Court's arbitration, while representatives of the
second group had assumed seats on the commission. On September 4, with
the completion of the commission members' term, commission members
elected a new president and new members without dispute.
On August 18, the Government established a mediator of the
republic. The mediator's role is to solve difficulties in the
implementation and interpretation of laws and regulations. The
president appoints the mediator, who is an independent administrative
authority charged with investigating citizens' complaints and trying to
find amicable solutions. The mediator has no decision-making powers,
however, and instead submits results of investigations to the president
and the prime minister.
There were developments in the 2005 case regarding the beating of
civil society activist Nouhou Arzika by the bodyguards of Moussa Dan
Foulani. On August 15, the Niamey District Court sentenced Dan Foulani
to six months' suspended sentence and ordered him to pay a fine of
200,000 CFA (approximately $400) and 50 million CFA ($100,000) in
damages to the plaintiff. The defendant appealed the fine, and the
plaintiffs appealed the whole judgment. No date was set for a trial.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government generally effectively
enforced these prohibitions.
Women.--Rape is punishable by 10 to 30 years' imprisonment,
depending upon the circumstances and age of the victim. The law does
not explicitly recognize spousal rape but appears to cover it in
practice. Authorities made efforts to enforce the law. Although
statistics were not available, the Court of Appeals tried several
criminal rape cases during the year. However, in many cases spousal
rape did not lead to prosecution, as victims often sought to resolve
the issue within the family or were pressured to do so. Absent reliable
statistics on its prevalence, the number of reported rape cases was
minimal.
Domestic violence against women was widespread, although reliable
statistics were also not available. Husbands commonly beat their wives.
The law does not explicitly prohibit domestic violence; however, a
woman can sue her husband or lodge criminal charges for battery,
penalties for which ranged from two months in prison and a 10,000 CFA
(approximately $20) fine to 30 years' imprisonment. The Government
tried with limited success to enforce these laws. No data were
available on how many abusers were prosecuted or convicted during the
year. Charges stemming from family disputes were often dropped in favor
of traditional dispute resolution mechanisms. While women have the
right to seek redress for violence in the customary or modern courts,
few did so due to ignorance of the legal system and fear of repudiation
or social stigma. The Ministry of Women's Promotion and Children's
Protection, international organizations, NGOs, and women's
organizations conducted public awareness campaigns on violence against
women through several events that received wide media coverage. Courts
prosecuted cases of domestic violence when they received complaints.
According to the UN Children's Fund (UNICEF), 429 cases of violence
against women were reported from October 2006 through September 2007,
although this figure is thought to understate greatly the actual
prevalence. Battery represented 44.9 percent of the cases, indecent
assault 17.6 percent, and rape or attempted rape 16.4 percent.
Prostitution is illegal, but remained prevalent in big cities and
near major mining and military sites.
Sexual harassment is a crime punishable by prison sentences from
three to six months and fines of 10,000 to 100,000 CFA (approximately
$20 to $200). If the violator is in a position of authority, the prison
sentence is three months to one year, and the fine is increased to
20,000 to 200,000 CFA ($40 to $400).
The constitution provides for equal rights regardless of sex;
however, women do not have the same rights as men under family law in
customary courts. Legal rights as head of household applied only to
men; a divorced or widowed woman, even with children, was not
considered to be a head of households. Traditional and religious
beliefs resulted in discrimination in education, employment, and
property rights. Discrimination was worse in rural areas, where women
helped with subsistence farming and did most of the childrearing,
water- and wood-gathering, and other work. Despite constituting 47
percent of the formal sector work force, only 26 percent of civil
service workers and 22 percent of professionals were female in 2006. In
the absence of a formal will stating otherwise, women received one-
third of a deceased parent's property. In the east there were reports
that some husbands cloistered wives and prevented them from leaving
their homes unless escorted by a male relative and usually only after
dark.
In the civil service and the formal sector there was no indication
that women experienced discrimination in access to employment or pay
for similar work.
During an October 10 interview, the minister of women's promotion
and children's protection outlined the ministry's commitment to
promoting women's entrepreneurship through access to credit and
microcredit, public education on gender issues, and women's political
participation. The Government, in conjunction with foreign donors and
women's organizations, approved the establishment of a special bank for
the promotion of women's businesses; the Government also allowed the
creation of several credit unions for women.
Children.--The constitution and law require that the Government
promote children's welfare; however, minimal financial resources were
allotted for this purpose.
The Government continued its multifaceted public education.
campaign on children's rights. This included forced labor issues,
efforts to improve girls' education, the dangers of child marriage,
improvements in birth registration, and efforts to withdraw children
from the labor force and reenroll them in schools and vocational
training programs. Birth registration, especially in remote rural areas
and in nomadic communities, did not take place promptly due to a lack
of awareness, remoteness of government services, or inadequate
resources. The Government, with the support of UNICEF, worked to
address this problem.
In principle, education was compulsory, free, and universal for a
minimum period of six years; however, in practice only a fraction of
children attended school. The Government estimated that the gross
national primary school enrollment rate was 52 percent in 2006, and the
net primary school enrollment rate was 41 percent; boys constituted 60
percent of those who finished primary school. UNICEF in 2007 estimated
that only one-third of primary and only 6 percent of secondary-school-
age girls were enrolled, and even fewer attended regularly. Most
parents kept young girls at home to work, and girls rarely attended
school for more than a few years. This resulted in estimated literacy
rates of 15 percent for girls and 42.9 percent for boys, according to a
2006 UN Development Program report. Literacy rates, particularly for
girls, were even lower in rural areas. The conflict in the north led
thousands of children to avoid school and caused schools in the north
to shut down. (See Section 1.g.)
Certain ethnic groups practiced FGM, predominantly the Fulani and
Zarma in the western region of the country. According to UNICEF, the
FGM rate decreased from 5 percent in 1998 to 2.2 percent in 2006.
However, an October 17 UN IRIN report stated that circumcisers traveled
from Burkina Faso to Niger to carry out FGM on nomad Gourmantche girls
as part of a rising trend of cross-border FGM. FGM was practiced on
young girls, and clitoridectomy was the most common form. FGM is
against the law and punishable by six months to three years in prison.
If an FGM victim dies, the practitioner can be sentenced to 10-20
years' imprisonment. The Government actively combated FGM, continuing
its close collaboration with local NGOs, community leaders, UNICEF, and
other donors to distribute educational materials at health centers and
participated in educational events.
Child marriage was a problem, especially in rural areas and in
traditional communities. The law allows a girl deemed to be
``sufficiently mature'' to marry as young as 15 years old. Some
families entered into marriage agreements under which girls from rural
areas were sent by the age of 10 or 12 and sometimes younger to join
their husbands' families under the tutelage of their mothers-in-law.
The Ministry of Women's Promotion and Child Protection cooperated with
women's associations to sensitize rural communities and their
traditional chiefs and religious leaders to the problem of underage
marriage.
Infanticide occurred, and approximately 60 percent of the female
prison population was charged with the crime.
There were many displaced children, mostly boys, begging on the
streets of larger cities. Most of the boys came from rural areas and
were indentured to Islamic schools. Hundreds of children were displaced
in conjunction with the conflict in the north. (See Section 1.g.)
Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons, and persons were trafficked to, from, and
within the country. Traffickers could be prosecuted under a law that
criminalizes slavery and coerced labor; punishments ranged from 10-30
years' imprisonment. Child prostitution is not criminalized
specifically; however, the law prohibits indecent acts toward minors.
Such activity and a corollary statute against ``the incitement of
minors to wrongdoing'' were punishable by three to five years in
prison.
A 2005 NGO survey found that 5.8 percent of households interviewed
claimed that at least one member of their family had been a trafficking
victim.
A traditional form of caste-based servitude was still practiced by
the Tuareg, Zarma, and Arab ethnic minorities.
The country was a transit point for persons trafficked between
Nigeria, Benin, Togo, Ghana, Burkina Faso, and Mali; final destinations
also included North African and European countries. The country was a
source of women trafficked to Nigeria, North Africa, Europe, and the
Middle East for domestic servitude and commercial sexual exploitation.
The country was a destination for a small number of trafficked persons.
Young boys from neighboring countries were trafficked into the country
for labor exploitation.
Women and girls were trafficked into and within the country for
domestic service and prostitution. Child prostitution was especially
prevalent along the main East-West highway, particularly between the
cities of Birni n'Konni and Zinder.
There was internal trafficking of boys. Some rural parents sent
their sons to learn the Koran in the cities, where the boys worked for
their teachers (marabouts) as beggars or provided manual labor.
Traffickers also transported boys to Mali and Nigeria for this purpose.
Traffickers transported children internally for work in mines.
Generally, small operators trafficked persons with false promises
of well paid employment in the country. Victims usually had to perform
poorly paid domestic work or prostitution upon arrival, and had to pay
off a ``debt'' to the trafficker. Traffickers had victims sign
agreements before departing their country of origin, and retained the
victims' travel documents. Traffickers used similar methods to
transport victims from Niger to other countries. Traffickers within the
country forced or falsely enticed some girls into prostitution,
sometimes with their family's complicity.
The Government prosecuted traffickers. During the year, law
enforcement authorities arrested several traffickers in connection with
the trafficking of at least 58 children. Of these, officials released
two without charge, but charged the others with the abduction of
minors, handing over one to Interpol Mali.
On March 20, RDM Tanafili, a local NGO, rescued and assisted six
families of former slaves (40 persons) in purchasing land from their
former masters in Tajae, Tahoua Region. The NGO was expected to sponsor
the families for one year by providing them food, livestock to start a
new life, and education for the children.
During the year local authorities assisted UNICEF and a local NGO
partner to identify and rehabilitate child victims of trafficking in
the Agadez and Niamey regions. Police and prosecutors arrested and
prosecuted traffickers whom the project identified and ensured that
rescued victims were handed over to a local NGO for rehabilitation. In
October officials rescued 37 child trafficking victims; they were
rehabilitated in the city of Agadez, including receipt of counseling
and support to return home and start a business for older children, and
return to their parents' custody for younger ones. However, the
Government released the suspected traffickers without charge.
On October 23, police in Gaya arrested a man when he could not
prove his relationship to several children with whom he was traveling.
The police handed over the children to the district of Gaya's Office of
Women's Promotion and Children's Protection. During the same period,
the office also handed over to the Benin border police 11 young girls
presumed to be victims of trafficking.
On December 19, a local NGO, acting with support from law
enforcement authorities, apprehended a Malian marabout suspected of
trafficking 11 children (seven Malians and four Nigeriens). At year's
end the marabout was in detention, and the children were under the
NGO's care, pending return to their families.
The Ministries of Justice, Interior, and the Promotion of Women and
Protection of Children shared responsibility for combating trafficking
in persons. The National Commission for the Coordination of the Fight
Against Trafficking in Persons existed on paper but had no budget.
The Government provided some services directly to trafficking
victims, including basic health care and assistance in returning to
their home villages. The Government also supported the efforts of NGOs
and international organizations in providing food, temporary shelter,
and primary health care to victims of trafficking, and sponsored public
outreach sessions on trafficking and child abuse.
There were no further developments in the case of three traffickers
in custody since 2007 on charges of child trafficking in Agadez.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with physical and mental disabilities in
employment, education, and access to health care and other state
services, and the Government generally enforced these provisions. The
law mandates that the state provide for persons with disabilities, but
there were no specific regulations that mandated accessibility to
buildings, transportation, and education for those with special needs.
The Government provides limited health care to persons with
disabilities. Societal discrimination existed against persons with
disabilities, particularly mental disabilities and leprosy. The
Ministry of Population and Social Welfare is responsible for protecting
the rights of persons with disabilities.
Other Societal Abuses and Discrimination.--Homosexuals experienced
social discrimination.
Persons with HIV/AIDS experienced social discrimination. There were
strong government efforts to discourage such discrimination. The
Government continued its antidiscrimination campaign in conjunction
with several other organizations working on HIV/AIDS issues.
Section 6. Worker Rights
a. The Right of Association.--The constitution and law allow all
workers to form and join trade unions without previous authorization or
excessive requirements, and workers exercised this right. However, in
2006 more than 85 percent of the workforce worked in the nonunionized
subsistence agricultural and small trading sectors.
The constitution and the law provide for the right to strike,
except for the police and other security forces, and workers exercised
this right. Requirements for conducting a legal strike are not lengthy
or cumbersome; workers must give employers at least three days' advance
notice.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and unions
exercised their right to bargain collectively for wages above the legal
minimum and for more favorable working conditions. Collective
bargaining also existed in the public sector. Antiunion discrimination
and employer interference in union activities occurred occasionally.
There were no further developments in the 2006 case of the dismissal of
106 Liptako Mining Company union members for striking.
There were no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, except for legally convicted prisoners, and
prohibits slavery; however, it does not specifically prohibit forced or
compulsory labor by children, and such practices occurred. In general,
the Government did not adequately enforce the antislavery laws. A
traditional form of caste-based servitude was still practiced by the
Tuareg, Zarma, and Arab ethnic minorities, particularly in remote
northern and western regions and along the border with Nigeria.
Persons born into a traditionally subordinate caste sometimes
worked without pay for those above them in the traditional social
structure. Estimates regarding the number of persons who work under
such conditions vary widely, and include a 2004 estimate of 8,800 and a
2003 estimate of 43,000. Under this system, persons are forced to work
without pay for their masters throughout their lives, primarily herding
cattle, working on farmland, or as domestic servants. Children become
the property of their masters and can be passed from one slave owner to
another as gifts or as part of a dowry. Abusers force girls to start
work as domestic servants at a very young age. Girls may be sexually
abused by men in the household or forced to marry at a young age.
The Government publicly banned slavery in 2003, and during 2007
slaves continued to be liberated and given certificates to show that
they were free. Individuals had the legal right to change their
situations, and it was illegal for their masters to retain them;
however, in practice, most victims of slavery did not act on their
rights. Fear and physical or social coercion likely played roles,
although a lack of viable economic alternatives for freed slaves was
also a factor.
In the 2006 enslavement case of Timidria and Haoulata Ibrahim vs.
Seidimou Hiyar, the Court of Appeals of Niamey sentenced the defendant
to two years' imprisonment (six months behind bars and 18 months
suspended) and 100,000 CFA (approximately $200) in damages. Although
the defendant served his prison term, he had not paid the damages by
year's end.
On October 27, in a landmark ruling in the case Timidria and
Hadidjatou Mani Koraou vs. the Government of Niger, the Economic
Community of West African States Court of Justice recognized that Mani
Koraou had been a victim of slavery and held the Government of Niger
responsible for the inaction of its administrative and legal services,
which failed to protect a woman sold into slavery. The court fined the
Government of Niger 10 million CFA (approximately $20,000) in damages
for the victim. The Government stated that it would abide by the
ruling, and authorized payment of the 10 million CFA.
There were developments in the 2006 slavery case of Timidria and
Assibit Wanagoda v. Tafane Abouzeidi and Timidria. On December 22, the
Court of Appeals of Niamey held hearings on the case and planned to
deliver its verdict on February 9, 2009.
There were no further developments in the 2006 slavery case of Midi
Ajinalher v. Hamad Alamine and three brothers.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children under age 14, except as
authorized by decree; however, child labor was a problem and the
Government did not effectively enforce the law. A 1967 labor decree
also regulates child labor. Children under the age of 12 are prohibited
from working. Twelve- and 13-year-olds may perform nonindustrial light
work for a maximum of two hours per day outside of school hours with a
labor inspector's authorization as long as such work does not impede
their schooling. Light work is defined as including some domestic work,
fruit picking and sorting, and other light nonindustrial work. Those
14-18 years of age may work a maximum of 4.5 hours per day. Children
may not perform work that requires force greater than their strength,
may damage their health or development, is risky, or is likely to
undermine their morality. The law requires employers to ensure minimum
sanitary working conditions for children.
On June 12, Niger's unions and women's associations stated that 46
percent of school-age children were in difficult conditions, performing
work beyond their physical abilities in mines, slaughterhouses, and
domestic work.
Inspectors of the Ministry of Labor are responsible for enforcing
child labor laws; however, resource constraints limited their ability
to do so, and there were no labor inspections during the year.
Children worked in the agricultural, commercial, handicraft, and
domestic service sectors. The majority of rural children regularly
worked with their families from an early age helping in the fields,
pounding grain, tending animals, gathering firewood and water, and
doing similar tasks. Some boys were kept out of school to work as
beggars alongside blind relatives. Others were sent to Islamic schools
where their teachers used them for work as beggars and for manual
labor. Child labor also occurred in largely unregulated artisanal gold
mining operations, as well as in trona (a mineral used as a source of
sodium compounds), salt, and gypsum mines. Children working in gold
mines were particularly vulnerable to poor ventilation, collapse
hazards, and insufficient lighting; they also were susceptible to
alcohol and substance abuse. Young boys from neighboring countries were
trafficked into the country to work in mines, on farms, as mechanics,
or as welders.
Child trafficking, prostitution, forced labor, and traditional
caste-based servitude and slavery occurred.
The Ministry of Labor worked with UNICEF and the International
Program on the Elimination of Child Labor (IPEC) of the International
Labor Organization (ILO) to determine the extent of child labor. A 2006
UNICEF and government study found that 38 percent of children between
ages five and 14 were economically active; 38 percent of children
between the ages of five and nine, and 39 percent of children between
the ages of 10 and 14 worked; 8 percent of child workers were not paid.
The Government also worked with international partners to provide
relevant education as an inducement to parents to keep their children
in school. The Ministry of Basic Education conducted training sessions
to help educators meet the special needs of child laborers. The
Government cooperated with a foreign government-funded project that was
implemented by IPEC to eliminate child labor in the mining sector.
From 2005 to 2008, the Government worked with a foreign government
on a one billion CFA (approximately $2 million) program on child labor
education managed by three NGOs-Catholic Relief Services (CRS), Plan
International, and World Vision. To meet the special needs of former
child laborers and at-risk children, the Ministry of Basic Education
and Literacy provided specially trained teachers, inspectors, and
materials to schools for rescued child laborers. The project directly
benefited 7,151 former child laborers, including hundreds withdrawn
from artisanal mines. The project also benefited more than 84,288 other
children by improving the quality of instruction in the schools that
they shared with former child workers.
The Government supported a 2006-2009 foreign donor program with
funds of 1.5 billion CFA ($3 million) for the prevention and
elimination of child labor in mining in West Africa, implemented by
ILO/IPEC. The project was launched in 2006 and targeted approximately
4,000 children.
In January the Ministry of Labor, with support from the Association
of Niger Christian Women and the ILO, launched a project to rescue
street children in Niamey Commune V. On May 21, the minister of labor
launched a vocational training program for 50 former street children
(30 boys and 20 girls) rescued by the project. The training was
scheduled to take place over 16 months. At the completion of the
training, beneficiaries were expected to receive financial and material
support to start their own small businesses.
e. Acceptable Conditions of Work.--The labor code establishes a
minimum wage only for salaried workers in the formal sector with fixed
(contractual) terms of employment. Minimum wages are set for each class
and category within the formal sector; however, minimum wages did not
provide a decent standard of living for workers and their families. As
of 2006 the lowest minimum wage was 28,000 CFA (approximately $56) per
month, with an additional 1,000 CFA ($2) added per month per child. The
Ministry of Labor effectively enforced minimum wages only in the
regulated formal sector.
The formal sector legal workweek was 40 hours with a minimum of one
24-hour rest period; however, the Ministry of Labor authorized longer
workweeks of up to 72 hours for certain occupations such as private
security guards, domestic workers, and drivers. Premium pay must be
paid for overtime, although the rate is not set by law; employees of
each enterprise or government agency negotiate with their employer to
set the rate. These formal sector standards were effectively enforced.
The labor code establishes occupational safety and health
standards. The Ministry of Labor is charged with enforcing these
standards, although due to staff shortages inspectors focused on safety
violations only in the most dangerous industries: mining, building, and
manufacturing. The Government effectively enforced the standards within
those three industries, except that gold mining was largely
unregulated. Although generally satisfied with the safety equipment
provided by employers, citing in particular adequate protection from
radiation in the uranium mines, union workers in many cases did not
receive information about the risks posed by their jobs. Workers have
the right to remove themselves from hazardous conditions without fear
of losing their jobs.
__________
NIGERIA
Nigeria is a federal republic of 36 states and a capital territory,
with a population of approximately 140 million. In April 2007 Umaru
Musa Yar'Adua of the ruling People's Democratic Party (PDP) was elected
to a four-year term as president; the PDP won 70 percent of seats in
the national legislature and 75 percent of state governorships. The
election was marred by what international and domestic observers
characterized as massive fraud and serious irregularities, including
vote rigging and political violence. Numerous election tribunals, which
continued to hear complaints brought by losing parties at all levels,
resulted by year's end in the nullification of nine local-level
elections, nine senatorial elections, and 11 gubernatorial elections.
On December 12, the Supreme Court rejected the appeals of two major
opposition presidential candidates, upholding the election of President
Yar'Adua. While civilian authorities generally maintained effective
control of the security forces, there were numerous instances in which
elements of the security forces acted outside the law.
The Government's human rights record remained poor, and government
officials at all levels continued to commit serious abuses. The most
significant human rights problems included the abridgement of citizens'
right to change their government; extrajudicial killings by security
forces; the use of lethal and excessive force by security forces;
vigilante killings; impunity for abuses by security forces; torture,
rape, and other cruel, inhuman or degrading treatment of prisoners,
detainees, and criminal suspects; harsh and life-threatening prison and
detention center conditions; arbitrary arrest and prolonged pretrial
detention; executive influence on the judiciary and judicial
corruption; infringement on privacy rights; restrictions on freedom of
speech, press, assembly, religion, and movement; domestic violence and
discrimination against women; female genital mutilation (FGM); child
abuse and child sexual exploitation; societal violence; ethnic,
regional, and religious discrimination; trafficking in persons for the
purpose of prostitution and forced labor; and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
national police, army, and other security forces committed
extrajudicial killings and used lethal and excessive force to apprehend
criminals and to disperse demonstrators during the year.
On February 25, police killed approximately 50 persons, burned
nearly 100 homes, and destroyed more than 150 market stalls in
Ogaminana, just outside Okene, Adavi local government area, Kogi State.
Credible reports indicate the police attacked the village in reprisal
for the reported killing of a colleague by local youths the previous
day. There was no formal investigation of the incident.
On November 27, in Jos, ethno-religious violence erupted during the
vote tabulation for the Jos North Local Government Area elections
resulting in the deaths of approximately 300 persons. Credible reports
indicate the police and military used lethal force during attempts to
quell the violence, killing approximately 100 civilians. On December
25, President Yar'Adua constituted an Administrative Panel of Inquiry
to investigate the incident. Plateau State Governor Jonah Jang
challenged the federal government before the Supreme Court, contending
that the federal government did not have authority to investigate state
affairs. Jang established a state level judicial panel to investigate
the situation on December 30. The House of Representatives also
established an eight-member committee to investigate the incident. The
investigations were ongoing at year's end.
Police officers were not held accountable for excessive or deadly
force or for the deaths of persons in custody. Police generally
operated with impunity in the apprehension, illegal detention, and
sometimes execution of criminal suspects.
On December 4, a coalition of 15 civil society groups operating
under the umbrella of the Osun State Civil Societies Coalition Against
Corruption and Rights Violations petitioned the state House of
Representatives to investigate extrajudicial killings in Osun State,
providing details to 10 alleged incidents, three of which occurred
during the year. The state house of representatives had not initiated
an investigation by year's end.
For example, on October 14, four police officers from the 'A'
Division Police Station in Ede, Osun State allegedly beat Misitura
Ademola to death while in custody following her arrest over allegations
of theft. There was no formal investigation of the incident. On October
31, the local NGO Network on Police Reform in Nigeria (NOPRIN) reported
that police officers in Oshogbo, Osun State beat Dauda Najeem to death
in an Ataoja Police Division cell while trying to obtain a confession
on charges of theft. The police later claimed that Najeem committed
suicide while in custody. There was no investigation by year's end.
There were no developments in the July 2007 case in which police
from the Federal Capital Territory (FCT) Command shot and killed Mallam
Ibrahim, an Islamic cleric.
There were no developments in the following 2006 cases: the case in
which police officers killed two suspected thieves in the Rivers State
city of Port Harcourt; the case in which four persons were killed when
military and police officers stormed the Ariaria market in Aba, Abia
State, on the pretext of preventing vigilantes from operating there;
the case in which the media reported that brothers Juth and Romanus
Akpowbo were arrested and killed in Kano State after having been
accused of armed robbery of the staff quarters of Bayero University; or
the case in which police in Umuahia North Local Government Area killed
12 suspected robbers.
Violence and lethal force at unauthorized police and military
roadblocks and checkpoints continued during the year, despite numerous
announcements by the inspector-general of police that independent
police roadblocks would be eliminated and offenders punished. Police
generally ignored the orders. Security forces were known to kill
persons while trying to extort money from them. For example, on October
31, a police officer shot and killed 23-year old Gabriel Mordi at a
checkpoint in Agbor,Delta State after an argument began over the police
attempting to extort money from Mordi's driver. Five police officers
involved with the incident were reportedly arrested in early November,
but no further developments occurred by year's end.
There were no developments in the November 2007 case in which a
police officer in Anambra State shot and killed 15-year-old Daniel
Offiali and wounded six other bus passengers after the driver refused
to pay a 20 naira (approximately $0.16) bribe. The police officer was
reportedly dismissed from the National Police Force and arrested, but
at year's end the status of the case was unknown.
There were no developments in the 2006 case in which police
officers in the FCT outside Abuja shot and killed a driver who refused
to pay a 20 naira (approximately $0.16) bribe.
Police and military personnel used excessive and sometimes deadly
force in the suppression of civil unrest, property vandalism, and
interethnic violence.
On January 3, police in Okeagbe, Ondo State allegedly shot and
killed three youths and wounded two others who were demonstrating
against local police extortion. There were no further developments in
the case at year's end.
On January 15, police allegedly killed four persons in the Sabon
Tasha area of Kaduna State protesting the failure of the Power Holding
Company of Nigeria to deal with power outages. There were no further
developments in the case at year's end.
There were no developments in the following 2007 cases: the January
case in which one person was killed and 20 injured by police when
violence erupted at the Oshogbo Local Government Office after several
members of the local government council asked the council's chairman to
explain the expenditure of funds from the federal accounts; or the July
case in which police shot and killed two persons in Omi-Adio, Oyo
State, during a clash with members of the National Union of Road
Transport Workers, who accused police of torturing and killing a union
member the day before. The union members set the police station afire
and attacked the officer on duty. Police arrested 49 persons. No
further information on the status of the case was available at year's
end.
The Joint Task Force (JTF) conducted raids on militant groups and
criminal suspects in the Niger Delta region, resulting in numerous
deaths and injuries (See Section 1.g.).
There were reports of summary executions, assaults, and other
abuses carried out by military personnel and paramilitary mobile police
across the Niger Delta (See Section 1.g.).
Unlike last year, there were no reports of killings by unknown
assailants that may have been politically motivated.
There were no developments in the following 2007 cases: the
February case in which unknown gunmen killed PDP Chieftain Lawson
Onokpasa of Delta State; the March case in which unidentified gunmen
assassinated Taofiki Onigboho, a relative of a suspected criminal
working for Governor Rasheed Ladoja, in Ibadan; or the August case in
which Victor Obafaiye, the principal witness for the opposition Action
Congress in the Kogi State election tribunal case, was killed.
Despite President Yar'Adua's 2007 directive to the inspector
general of police to reopen all unresolved cases of killings of
political figures, there were no developments in the May 2007 arrest of
nine suspects allegedly connected to the 2006 killing of Lagos State
gubernatorial candidate Funsho Williams- including the three mobile
policemen responsible for guarding him and four colleagues close to
him- all of whom were imprisoned without trial; or the June 2007
reopening of the case of Bola Ige, the former attorney general whose
killing in 2001 was widely believed to be linked to a political dispute
between the then governor and deputy governor of Osun State.
There were no developments in the following 2006 killings, which
may have been politically motivated: the January killing by unknown
assailants of Hajiya Saudatu Rimi, wife of former Kano State governor
Alhaji Abubakar Rimi; the June abduction and July killing of Plateau
State gubernatorial aspirant Jesse Aruku of the Advanced Congress of
Democrats party; the August killing of Ekiti State PDP gubernatorial
candidate Ayodeji Daramola; and the December killing by unknown
assailants of Timothy Ageba Uttah, the former council chairman of Gboko
Local Government Area and PDP aspirant for the state House of Assembly
of Benue State.
There were no developments in the 2006 killings of four persons in
Emohua and six persons in Gokana by gangs controlled by rival political
leaders in Rivers State.
Killings carried out by organized gangs of armed robbers remained
common during the year. In Lagos State, groups of street youths,
popularly known as ``area boys,'' operated illegal highway checkpoints
at which they demanded money from motorists. There were no developments
in the case of six ``area boys'' arrested in 2006 for allegedly killing
two Federal Road Management Agency officers.
There continued to be reports of street mobs killing suspected
criminals during the year. There were no arrests reported from these
mob actions, and no developments in cases from previous years.
b. Disappearance.--There were no reports of politically motivated
disappearances; however, there were kidnappings by militant groups in
connection with the conflict in the Niger Delta, particularly Port
Harcourt (See Section 1.g.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit such practices
and provide for punishment of such abuses, security services personnel,
including police, military, and State Security Service (SSS) officers,
regularly beat demonstrators, criminal suspects, detainees, and
convicted prisoners. Police mistreated civilians regularly to extort
money. The law prohibits the introduction into trials of evidence and
confessions obtained through torture; however, police often used
torture to extract confessions.
There were reports that security forces tortured persons and used
excessive force during the year. In March 2007 the UN Special
Rapporteur on Torture visited the country at the Government's
invitation to assess reports of official abuse. On the basis of
discussions with detainees, visits to prisons and police stations, and
forensic medical evidence collected over a one-week period, the
rapporteur reported that torture was endemic in law enforcement
operations, including police custody, and was often used to extract
alleged confessions. According to his report, methods of torture
included flogging with whips; beating with batons and machetes;
shooting in the foot; threatening a suspect with death and then
shooting him with powder cartridges; suspension from the ceiling; and
denying food, water, and medical treatment.
On July 26, a police officer allegedly beat Baba Mohammed into a
coma at the conclusion of a marathon, when participants began to
protest against the event organizer, local cellular phone company MTN,
for not distributing prizes as promised. According to eyewitnesses, the
police officer struck Mohammed three times with his baton before
leaving him unconscious. Mohammed was brought to a local hospital where
he continued his recovery at year's end. There was no formal
investigation of the incident.
On November 3, Nigerian navy officers pulled Uzoma Okere from her
car and beat and stripped her for allegedly failing to move out of the
way of the navy officers' vehicle. The incident was filmed by a
bystander. President Yar'Adua called for an investigation into the
incident and for a report to be submitted. A Board of Inquiry was
established and on November 26, Chief of Defense Staff Paul Dike
submitted its findings to President Yar'Adua. The report was not made
public, but there were allegations that Okere was not allowed to
provide testimony. There were no further developments at year's end.
There were no developments in the September 2007 case in which 25-
year-old Surajo Mohammed died in detention while being interrogated by
a Katsina State police sergeant who had arrested him for allegedly
stealing a bottle of palm wine. Following the incident, State Police
Commissioner Dan Doma announced that the officer had been arrested, but
no trial had been scheduled by year's end.
There were no developments in the following 2006 cases: the May
case in which police in Delta State arrested Segun Pioko, allegedly
tortured him, and killed him; in the October case in which Kano State
police beat unruly youth with sticks and whips to clear the way for the
motorcade of the governor; the April case in which four demonstrators
died and 50 persons were arrested when police in the Njaba local
government area, Imo State, carried out reprisal attacks after youths
rioted outside the local police station to protest police roadblocks in
the area; or the June case in which Delta State police officers beat
Peter Osimiri and left him for dead when he refused to pay a 20,000
naira (approximately $156) bribe. Osmiri died shortly after arriving at
the hospital.
There were credible reports during the year that security forces
committed rape and other forms of sexual violence against women and
girls with impunity. Police officials acknowledged that rape was a
problem. Amnesty International (AI) reported that women frequently were
raped while in detention but did not report the abuse because of the
social stigma attached to rape and the fact that police officers were
the perpetrators. In July the National Human Rights Commission (NHRC)
reported a sharp increase in reported cases of rape and sexual abuse,
particularly of minors and women in prisons and detention centers
around the country. In December 2007 NOPRIN stated it had monitored 400
police stations in 13 states for a year and found that killings,
torture, extortion, and rape had become routine because the authorities
shielded police officers from the law.
There were reports that security forces beat journalists during the
year.
Varying Shari'a penal codes (Islamic law) were in place in 12
northern states, and Shari'a courts delivered ``hadd'' sentences, for
example caning, for minor offenses such as petty theft, public
consumption of alcohol, and prostitution; it was unknown if any of the
sentences were carried out by year's end. The term hadd refers to those
crimes mentioned explicitly in the Koran. For example, adulterers are
subject to death by stoning. Although such sentences were handed down
during the year, none were carried out, nor were death sentences
carried out in cases originating in earlier years. In contrast to the
previous year, there were no sentences of amputation handed down.
However, there were numerous Shari'a cases from previous years pending
appeal or implementation of sentence, including pending amputation and
stoning sentences in Jigawa, Bauchi, Niger, Kano, and Zamfara States.
Statutory law mandates that state governors either impose a stay or
implement amputation or death sentences. Sentences under Shari'a often
were not carried out because of the lengthy process for appeals.
Because no relevant case had been appealed to the federal level,
federal appellate courts had yet to decide whether such punishments
violate the constitution. Stoning and amputation sentences were
consistently overturned on procedural or evidentiary grounds but had
not been challenged on constitutional grounds. Caning is also a
punishment under common law in the Northern Region Penal Code and had
not been challenged in the courts as a violation of statutory law. In
some cases convicted persons were allowed to pay a fine or go to jail
instead of being caned. These sentences usually were carried out
immediately, while the Shari'a criminal procedure code allows
defendants 30 days to appeal sentences involving mutilation or death;
in practice, appeals often took much longer.
On February 23, an upper Shari'a Court in Katsina State sentenced
Mani Sule and Rabo Umaru to death by stoning for adultery for the
alleged rape and impregnation of a 16-year-old girl. The sentence was
not carried out by year's end.
There were no developments in the May 2007 case in which the
Shari'a court of Bauchi State sentenced Ade Dabo to death by stoning
for the alleged rape of two female minors in 2003.
There were numerous ethnic or communal clashes during the year. The
Government generally did not provide police in rural areas with
sufficient resources to control societal violence.
Prison and Detention Center Conditions.--Prison and detention
conditions remained harsh and life threatening. Most of the 227 prisons
were built 70 to 80 years ago and lacked basic facilities. Lack of
potable water, inadequate sewage facilities, and severe overcrowding
resulted in dangerous and unsanitary conditions. The 227 prisons held
an estimated population of 40,000, with some prisons holding 200 to 300
percent more persons than their designed capacity. Additionally, the
country operated 86 satellite prisons, 11 farm centers, eight zonal
offices, and six directorates, all of which housed prisoners and
detainees. Reliable data was not available to estimate the number of
persons held in these other facilities. The Government acknowledged
overcrowding as the main cause of the harsh conditions common in the
prison system. Excessively long pretrial detention contributed to the
overcrowding.
On April 14, Superintendent of Prisons and Public Relations Officer
of Lagos State Command Ope Fantinikun reported that although the
prisons in Lagos only had capacity for 2,905 prisoners, they housed
over 4,000.
Makurdi Prison in Benue State, which had capacity for 240
prisoners, housed 464. Ado-Ekiti Prison in Edo State, which reportedly
had the capacity for 200 prisoners, held 290 in March.
In July Controller General of Nigeria Prisons Olusola Ogundipe told
the NHRC that the Port Harcourt prison had capacity for 808 inmates but
actually housed approximately 2,800, of whom 2,000 were awaiting trial.
In March 2007 the UN Special Rapporteur on Torture reported that
prison conditions were deplorable, that those awaiting trial suffered
more than those already convicted due to lack of funding for their
care, and that inadequate medical treatment caused many prisoners to
die of treatable illnesses.
Following a July 2007 visit to 10 prisons in the states of Enugu,
Kano, Lagos, and the FCT, AI issued a report citing appalling prison
conditions, noting that many prisoners were considered ``forgotten
inmates'' because they had been incarcerated for years without trial.
Disease was pervasive in the cramped, poorly ventilated facilities,
and chronic shortages of medical supplies were reported. HIV/AIDS and
tuberculosis were of particular concern. Only those with money or whose
relatives brought food regularly had sufficient food; prison officials
routinely stole money provided for food for prisoners. Poor inmates
often relied on handouts from others to survive. Beds or mattresses
were not provided to many inmates, forcing them to sleep on concrete
floors, often without a blanket. Prison officials, police, and other
security forces often denied inmates food and medical treatment as
punishment or to extort money. The International Committee of the Red
Cross (ICRC) continued to provide health and hygiene items to prisoners
during the year.
Harsh conditions and denial of proper medical treatment contributed
to many prison deaths. For example, in September 2007 inadequate
medical attention allegedly contributed to the death of Olawale Daniel,
an inmate at the Agodi Federal Prison in Ibadan. His death sparked a
riot between inmates and guards on September 11, which resulted in the
deaths of 11 prisoners and injury to an estimated 60 others, including
four staff members.
Women were held with male prisoners, especially in rural areas.
Although the law precludes the imprisonment of children, Attorney
General and Minister of Justice Michael Aondoakaa stated there were
more than 300 children in the prisons, many of whom were born there.
Aondoakaa stated that the federal government had ordered the release of
those children and the ministry would try to identify and release the
mothers as well. There was no information on whether any inmates or
children were released by year's end.
The Government allowed international and domestic NGOs, including
AI and Prisoners Rehabilitation and Welfare Action (PRAWA), and the
ICRC regular access to prisons. PRAWA and the ICRC published
newsletters on their work. The Government admitted that there were
problems with its incarceration and rehabilitation programs and worked
with groups such as these to address those problems.
The UN Special Rapporteur on Torture reported appalling conditions
in detention center cells, noting crowded and unsanitary cells and
insufficient food, clean water, and access to medical care. The
rapporteur noted, however, that conditions for female detainees were
much better than those of males.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, police and security
forces continued to employ these practices.
Role of the Police and Security Apparatus.--The Nigeria Police
Force (NPF) is responsible for law enforcement. Internal security is
the duty of the SSS, which reports to the president through the
national security advisor. Due to the inefficacy of the police, who
were often unable to control societal violence, the Government
continued to rely on the army in some cases. Each NPF state unit was
commanded by an assistant inspector general. The constitution prohibits
state- and local-level governments from organizing their own police
forces. The NPF committed human rights abuses and generally operated
with impunity in the apprehension, illegal detention, and sometimes
execution of criminal suspects. The SSS also was responsible for a
variety of human rights abuses, particularly in limiting freedom of
speech and press.
Corruption was rampant, most often at highway checkpoints. Police
routinely stopped drivers who had committed no traffic infractions,
refusing to allow a car to continue until the driver paid a bribe. The
Inspector General of Police (IGP) made efforts to strengthen the Police
Monitoring Unit which was supposed to visit police stations and search
police officers for signs of accepting bribes. During the year, the
unit visited six police stations in the FCT and reportedly arrested
eight officers for extorting bribes from the public. In November, the
IGP arrested seven officers for mounting illegal checkpoints at the
border between Ogun and Oyo States.
Although citizens could report incidents of police corruption to
the NHRC, this agency was not empowered to act in response to such
complaints.
On January 8, the federal government inaugurated a 16-member Police
Reform Committee to examine the NPF and identify measures to enhance
its effectiveness. However, no action had been taken by year's end.
Arrest and Detention.--Police and security forces were empowered to
arrest without warrant based on reasonable suspicion that a person had
committed an offense; they often abused this power. Under the law
police may detain persons for 48 hours before charging them with an
offense. The law requires an arresting officer to inform the accused of
charges at the time of arrest and take the accused to a police station
for processing within a reasonable time; and provide suspects with the
opportunity to engage counsel and post bail. However, suspects were
routinely detained without being informed of charges and denied access
to counsel and family members. Detainees often were kept incommunicado
for long periods. Provision of bail was often arbitrary or subject to
extrajudicial influence. Conditions of bail set by judges often were
too stringent to be met. At the November 2007 All Nigerian Judges
Conference, President Yar'Adua reminded judges to respect the rights of
citizens while implementing the law. At the same conference, Chief
Justice of Nigeria Idris Kutigi called on judges to stop purposely
setting bail with almost unattainable conditions. In many areas there
was no functioning bail system, so suspects were held in investigative
detention for prolonged periods. Numerous detainees alleged that police
demanded bribes before they were taken to court to have their cases
heard. If family members wanted to attend a trial, police often
demanded additional payment.
Persons who happened to be in the vicinity of a crime reportedly
were held for interrogation for periods ranging from a few hours to
several months. After their release, they frequently were asked to
return for further questioning.
Unlike last year, there were no alleged cases of arbitrary arrest
based on political motives.
No action was taken against officials involved in the following
2007 cases: the April case in which the All Nigeria Peoples Party
(ANPP) governorship candidate in Kaduna State and other key officials
of the party were arrested, detained, and later released ; the April
case in which the ANPP governorship candidate in Ebonyi State, Chief
Ogbonnaya Onu, was beaten, arrested, and released a week later after
his supporters protested the results of the gubernatorial election; or
the April case in which Emmanuel Ezeazu, secretary general of the
Alliance for Credible Elections, was detained and questioned by the SSS
in connection with a planned demonstration against the conduct of the
April 22 elections. He was asked to sign an agreement not to organize
or protest, but he declined to do so and was released on May 1.
Members of the Movement for the Actualization of the Sovereign
State of Biafra (MASSOB), a separatist group espousing Igbo unity and
the secession of Igbo-majority states, initiated frequent violent
clashes with the Government, particularly in Onitsha, Anambra State.
Police sometimes reacted by arresting large numbers of MASSOB members.
In June police arrested 78 MASSOB members during a commemoration
celebration of the Nigerian Civil War-era secessionist state of Biafra
and charged them with conspiracy to commit a felony because of their
intent to stage a protest that would result in political unrest.
On May 15, an Abuja Court of Appeal granted MASSOB leader Ralph
Uwazurike continued bail after a High Court judge released him on bail
in October 2007 for three months. The Court of Appeal also granted bail
to the 10 others accused with Uwazurike of treason and stated the
evidence in the case was weak. However, on the same day, all of the
accused were rearraigned on charges of treason because the High Court
judge who had granted bail was transferred, requiring the trial to
start anew for the third time since 2005. Although all of the accused
remained free on bail, there was no progress in the trial by year's
end.
Most of the 69 MASSOB members arrested in a 2006 sweep remained in
detention at year's end.
There were no developments involving the trial of Mujaheed Asari
Dokubo, who was released on bail in June 2007. Dokubo, the leader of
the Niger Delta People's Volunteer Force, was arrested in 2005 for
treason.
On April 11, a Lagos State judge acquitted Hamza Al Mustapha and
his four codefendants of charges of treason for an alleged
assassination attempt on former President Obasanjo. However, on April
15, an Ikeja high court rearraigned Al Mustapha and three of his
codefendants on charges of conspiracy and the 1996 attempted murder of
Alex Ibru, the minister of internal affairs under the Abacha regime and
publisher of The Guardian newspaper. The chief judge of Lagos State
granted bail to one of the four codefendants, Ishaya Bamaiyi, and
transferred his case to another high court. By separating the cases,
the trial was forced to begin anew in June. Despite the attention given
in the press, there were no developments in the new trial by year's
end, and Al Mustapha remained in detention almost 10 years after his
initial arrest.
The Economic and Financial Crimes Commission (EFCC) arrested and
detained several state, local, and federal government officials on
corruption charges during the year. Critics charged that some arrests
were politically motivated and that periods of investigative detention
at times exceeded legal limits.
Security forces detained journalists and demonstrators during the
year.
Lengthy pretrial detention remained a serious problem, and human
rights groups reported that detainees awaiting trial constituted 65
percent of the prison population, with some awaiting trial more than 10
years. Serious backlogs, endemic corruption, and undue political
influence continued to hamper the judicial system. In a July interview
with the NHRC, Controller of Prisons Olusola Adigun Ogundipe stated
that there were 40,240 inmates in the country's prisons, 27,287 of whom
were awaiting trial. Multiple adjournments in some cases led to serious
delays. Police cited their inability to provide secure transportation
to court for detainees on their trial dates as one reason why so many
were denied a trial. The NHRC reported that some detainees were held
because their case files had been lost. Some state governments released
inmates already detained for longer than the potential maximum sentence
would be if they were convicted. Although detainees had the right to
submit complaints to the NHRC, the commission had no power to respond.
Detainees could try to complain to the courts, but often found this
impossible. Even detainees with legal representation often waited years
to gain access to the courts.
On April 14, the local NGO New Initiative for Social Development
(NISD) facilitated the bail and release of 11 prisoners as a result of
a March 12 workshop entitled ``Stakeholders in Access to Justice for
Prisoners Awaiting Trial in Ekiti State'' that brought together
representatives from the prisons service, police, and judiciary to
discuss issues related to prisoners awaiting trial.
Amnesty.--Despite the Government's announcement in 2006 that it
planned to relieve prison overcrowding by granting amnesty to 25,000 of
the country's 40,000 prisoners, little progress was made. However, the
Government often extended amnesties to those whose pretrial detention
period exceeded the maximum sentence they would have received if
convicted. In May 2007 the Government announced that it would free all
prisoners over age 70 and all those over 60 who had been on death row
for more than a decade; however, there was no evidence that any inmates
were released by year's end.
On April 14, Lagos State Chief Judge Ade Alabi released 36 inmates
from Ikoyi Prison in Lagos due to time already served.
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, the judicial branch remained
susceptible to executive and legislative branch pressure. Political
leaders influenced the judiciary, particularly at the state and local
levels. Understaffing, underfunding, inefficiency, and corruption
continued to prevent the judiciary from functioning adequately. There
was a widespread perception that judges were easily bribed and that
litigants could not rely on the courts to render impartial judgments.
Citizens encountered long delays and frequent requests from judicial
officials for bribes to expedite cases or obtain a favorable ruling.
Judges frequently failed to appear for trials, often because they were
pursuing other sources of income, and sometimes because of threats
against them. In addition court officials often lacked the proper
equipment, training, and motivation to perform their duties, with lack
of motivation primarily due to inadequate compensation. During the year
Supreme Court judges called for a more independent judiciary.
The Ministry of Justice implemented strict requirements for
education and length of service for judges at the federal and state
level; however, there were no requirements or monitoring body for
judges at the local level, leading to corruption and miscarriages of
justice in those courts.
The regular court system is composed of federal and state trial
courts, state appeals courts, the Federal Court of Appeal, and the
Supreme Court. There are Shari'a and customary (traditional) courts of
appeal in states that use Shari'a for civil or criminal law, including
a customary court in the FCT. Courts of first instance include
magistrate or District Courts, customary or traditional courts, Shari'a
courts, and for some specified cases, the state high courts. The
constitution also provides that the Government establish a Federal
Shari'a Court of Appeal and Final Court of Appeal, but these courts had
not been established by year's end.
The constitution provides that states may establish courts based on
common law or customary law systems. The law also provides that states
may elect to use the Shari'a Penal Code in the courts. While Shari'a
courts had been in operation throughout the northern part of the
country for centuries, in 2000, Shari'a courts were empowered to also
hear criminal cases and pass sentences based on the Shari'a penal code,
which outlines hadd offenses and punishments, including caning, death
by stoning, and amputation.
The nature of a case usually determined which court had
jurisdiction. The return to the Shari'a courts stemmed at least in part
from inefficiency and corruption in the regular court system.
Defendants have the right to challenge the constitutionality of
Shari'a criminal statutes through the common law appellate courts;
however, no challenges with adequate legal standing reached the common
law appellate system. The constitution also provides for the Government
to establish a federal Shari'a court of appeal; however, this had not
been done by year's end. The highest appellate court for Shari'a
remained the Supreme Court, staffed by common law judges who were not
required to have any formal training in the Shari'a penal code.
Trial Procedures.--According to the constitution, defendants have
the right to an expeditious trial. The law requires a trial within
three months of arraignment for most crimes; however, there were
considerable delays, often stretching to several years, in bringing
suspects to trial. The law does not provide for juries. Most detainees
were poor and could not afford to pay the informal costs, such as
transportation to the court house or bribes, associated with moving
their trials forward, and as a result they remained in prison.
Wealthier defendants who were not detained employed numerous delaying
tactics and in many cases bribed judges to grant numerous continuances.
Such practices clogged the court calendar and prevented trials from
starting or progressing.
Although the constitution provides for public trials in the regular
court system and individual rights in criminal cases, including a
presumption of innocence, the right to be present, confront witnesses,
present evidence and witnesses, be represented by legal counsel and
have access to government-held evidence; these rights were not always
respected or observed due to corruption and lack of institutional
capacity within the judiciary. Although an accused person is entitled
to counsel of his choice, there is no law preventing a trial from going
forward without counsel, except for certain offenses for which the
penalty is death. The Legal Aid Act provides for the appointment of
counsel in such cases, and stipulates that a trial should not go
forward without it.
In both common law and Shari'a courts, indigent persons without
representation were more likely to have their sentences carried out
immediately upon being sentenced, although all convicted persons have
the right to appeal. The federal government instituted a panel of legal
scholars in 2003 to draft a uniform Shari'a penal code to replace
divergent Shari'a codes adopted by various northern states; however,
the panel did not produce a report during the year, and states
continued to apply their individual codes.
There were no legal provisions in common law barring women or other
groups from testifying in civil or criminal proceedings or giving their
testimony less weight, but the testimony of women and non-Muslims
usually was accorded less weight in Shari'a courts. Some ``qadis''
(Shari'a court judges) allowed separate evidentiary requirements to
prove adultery or fornication for male and female defendants. For
women, pregnancy was deemed permissible evidence in some Shari'a
courts. By contrast, men could only be convicted by confessing to the
crime or if there was eyewitness testimony. However, Shari'a courts did
provide women with some benefits, including increased access to
divorce, child custody, and alimony, because it was significantly
easier, faster, and cheaper to get an audience in a Shari'a court than
a common law court.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees; however, persons arrested in previous
years for alleged treason remained in detention at year's end.
Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent judiciary in civil matters; however, the
executive and the legislature also exerted undue influence and pressure
in civil cases. A widespread lack of will by authorities to implement
court decisions, and corruption, also interfered with due process. The
law provides for access to the courts for the redress of grievances,
and courts can award damages and issue injunctions to stop or prevent a
human rights violation. However, the decisions of civil courts were
extremely difficult to enforce.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, but authorities at
times continued to infringe on these rights. Police raided homes
without warrants.
The Federal Capital Development Authority (FCDA) continued to
illegally demolish homes and businesses in the FCT. The Government
typically claimed that the homes or offices that were demolished lacked
proper permits and consequently did not provide compensation to the
owners, even sometimes to those able to produce paperwork indicating
the structures were built legally. There was no transparent legal
process for deciding which homes would be bulldozed, and those who had
their homes bulldozed had no recourse to appeal and received no
compensation. The FCDA maintained the public position that the homes
and offices did not comply with the master plan for the city. According
to the Swiss-based Centre on Housing Rights and Evictions, authorities
demolished more than 800,000 homes in the Abuja area since 2003. There
was widespread opinion that the demolitions were primarily motivated by
corruption and discrimination based on socioeconomic class, since
mostly lower and middle class persons lost their homes and property,
which was sold to wealthy persons with connections to government
officials once vacated.
In June bulldozers accompanied by police officers razed hundreds of
homes and displaced approximately 2,000 persons living in the Toge area
of Abuja. Although authorities apparently alerted residents months in
advance by marking each home with a giant red X, many residents
remained due to poverty.
On August 4, authorities demolished homes in Gabi and Karamagigi
villages in Abuja. The district officer in charge of the demolition
team reportedly claimed that the residents were given two weeks' notice
and that these villages had in fact been demolished two years ago, but
the residents illegally rebuilt in the same location.
During the week of November 14, the Lagos State government
demolished an estimated 2,000 homes despite a Lagos High Court ruling
in May that called for a stay of action until a hearing scheduled for
November 18. The Lagos State Ministry of Lands claimed the houses,
which had been there over 25 years, were illegal structures and that
government was recovering its land.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
The Niger Delta region was home to one of Africa's largest oil
industries, which exported nearly 2 million barrels of crude per day.
Particularly since 2006, militant groups increasingly employed
violence, including kidnapping of oil company workers, to demand
greater control of the region's resources. Abductions for ransom, armed
robberies, gang turf wars, and fighting connected to the theft of crude
oil, known as illegal oil bunkering, continued during the year and
contributed to the region's general insecurity and lack of economic
vitality.
Criminal gangs in areas such as Port Harcourt, Rivers State, were
widely believed to have been sponsored initially by politicians to
intimidate opponents and aid election rigging, but have since engaged
in crimes unrelated to political objectives. Some of these gangs
(locally called ``cult.'') had amassed significant wealth and power.
Power struggles between gangs resulted in hundreds of deaths, including
of civilian bystanders, and reportedly damaged personal property and
homes.
Numerous hostage takings occurred during the year, including the
abduction of 82 expatriates, five of whom continued to be held by their
kidnappers at year's end. There were four expatriate fatalities in
connection with attacks on oil facilities or hostage taking incidents.
An estimated 400 persons (nationals and expatriates) were kidnapped in
approximately 100 incidents during the year. Some kidnappings were
perpetrated by militant groups trying to force the Government to
develop local economies, increase local control of oil revenues, or
release prisoners; others were conducted for financial gain. Oil
facility guards and JTF soldiers were among those killed in these
incidents. During the year Niger Delta criminals continued to kidnap
the relatives (usually children or mothers) of prominent state
politicians for ransom or to force payment for services, such as
protection details and voter intimidation, which were rendered during
the elections. In some areas tensions remained high between oil
producing communities and oil company employees and contractors.
Government authorities responded to some incidents by deploying the
JTF, a unit composed of the various military branches, security
services and the Nigerian Police Force and established by the
Government in 2003 to restore stability in the Niger Delta region. The
JTF reportedly used excessive force and engaged militants and criminals
in gun battles, which occasionally resulted in civilian casualties and
worsened security. Credible reports indicate the JTF's participation in
violent clashes resulted in the destruction of communities.
Multinational and domestic oil producing companies often hired
private security forces and subsidized living expenses for police and
soldiers from area units assigned to protect oil facilities in the
volatile Niger Delta region.
According to a report from the international NGO Doctors Without
Borders, violence in Port Harcourt reached unusually high levels in
August 2007, resulting in 71 gunshot wounds, 27 stabbings, 16 serious
beatings, and one rape; seven persons died from their injuries. Most of
the injured were bystanders who were either at a market or near a bus
station when armed gangs began shooting indiscriminately into crowds.
The Government deployed troops and helicopter gunships to the city.
There were numerous reports that military fire struck civilian
bystanders.
Killings.--On March 24, the JTF reportedly killed four men near
Isaka in the Okrika Local Government Area, Rivers State, when they
confronted them and other armed men attempting to hijack a barge. There
was no investigation conducted.
On July 24, the JTF reportedly killed 12 suspected militants and
arrested 48 others during an attempted crackdown in Bayelsa and Rivers
states. No investigation of the incident occurred.
On August 30, a series of violent clashes erupted between the
military and militant groups in Bayelsa, Delta, and Rivers states,
allegedly resulting in the deaths of 35 persons. Authorities did not
investigate the killings.
On September 13, confrontations between the JTF and armed militants
in the Elem Tombia and Ogboma communities of Rivers State resulted in
an estimated 15-30 deaths, hundreds of displaced persons, and the
destruction of homes and property worth millions of naira.
There were no developments in the March 2007 incident in which 10
persons were killed during several days of rival gang clashes in Port
Harcourt; or the May 2007 incident in which gang leader Prince Igodo
was killed during a gun battle allegedly led by militant Soboma George.
There were no developments in the June 2007 incident in which JTF
troops killed a dozen gunmen who were holding two dozen workers and
soldiers hostage at a flow station run by Italian energy company Eni;
the August 2007 incident in which the JTF launched a raid on an alleged
hideout of militants who had been fighting in Port Harcourt for days,
resulting in the deaths of at least 40 persons, including innocent
civilian bystanders; or the September 2007 incident in which the JTF
launched an attack on a suspected criminal hideout near Ogbogoro,
Rivers State, using helicopter gunships and ground troops, resulting in
an undetermined number of deaths.
Although the JTF perpetrated violence in some situations, some
observers reported that the force added to the region's overall level
of security by filling a void left by the ineffective NPF.
There were no developments in the 2006 case in which military
forces in the Niger Delta opened fire on a boat carrying suspected
militants, killing 10 persons.
Abductions.--Militants and criminals abducted approximately 400
persons during the year, including women, children, foreign citizens,
and an increasing number of prominent citizens or their family members.
Many abductions took place at oil facilities despite the presence of
armed guards and military police escorts.
On June 19, Movement for the Emancipation of the Niger Delta (MEND)
rebels claimed responsibility for an attack on Royal Dutch Shell's
offshore Bonga oilfield and in the kidnapping of a U.S. citizen captain
of a nearby supply ship. The captain was later released unharmed.
On July 24, armed men attacked a vessel off Bonny Island and
kidnapped 11 Russians and one Ukrainian. Seven were released the next
day and the remaining five were released on July 28.
On August 2, gunmen attacked a bar in Onne, Rivers State, and
kidnapped two French expatriates, who were later released. The attack
also resulted in three other deaths.
On September 9, unidentified gunmen seized the vessel ``Blue
Ocean'' with a crew of 23 including five expatriates. One crew member
was killed during the seizure. All other crew members were released,
except for two British citizens who remained captive at year's end.
On November 3, armed gunmen kidnapped a Lebanese employee of a
construction company, killing one and injuring two bystanders during
the incident. The Lebanese employee was later released.
On December 2, two Russian employees of Aluminium Smelter Company
of Nigeria were abducted from their housing compound in Akwa Ibom
State. They had not been released by year's end.
Other Conflict-Related Abuses.--Violent conflict between the JTF
and Niger Delta militants resulted in forcible displacement of persons
and substantial property destruction.
For example, on August 4, the 78th Battalion of the JTF stormed
Agge in Baylesa State in attempt to flush out armed youths who
supposedly were hiding there, resulting in a gun battle that destroyed
approximately 500 homes. Bayelsa State JTF Commander Lt. Col. Chris
Musa claimed that the community was harboring the criminals and that
the JTF was justified in its attack.
Section 2. Respect for Civil Liberties, Including:
Freedom of Speech and Press.--The constitution and law provide for
freedom of speech and of the press; however, the Government sometimes
restricted these rights in practice. Security forces beat, detained,
and harassed journalists, some of whom practiced self-censorship. Some
journalists were harassed, intimidated, threatened or detained for
reporting on sensitive issues such as President Yar'Adua's health.
There was a large and vibrant private domestic press that
frequently criticized the Government. Only one national, government-
owned daily newspaper was published. Several state governments owned
daily or weekly newspapers. These state-owned publications tended to be
poorly produced, had limited circulation, and required large state
subsidies to continue operating. There were more than 14 privately
owned major daily newspapers, six weekly newsmagazines, and several
sensationalist evening newspapers and tabloid publications.
There were 19 independently owned private radio stations. The
Government owned one radio network with 34 stations.
There were 14 independently owned private TV stations, and two
privately owned direct to home satellite network stations. The
Government owned one TV network, the Nigerian Television Authority,
with 96 affiliate stations. The law requires local television stations
to limit programming from other countries to 40 percent and restricts
the foreign content of satellite broadcasting to 20 percent. On
December 16, Chief Executive of National Broadcasting Commission (NBC)
Yomi Bolarinwa issued a statement that, starting in 2009, all prime
time news broadcast by local stations must be 100 percent local
content. The NBC 2004 ban on live broadcast of foreign news and
programs remained in force, but it did not apply to international cable
or satellite services.
Because newspapers and television were relatively expensive and
literacy levels low, radio remained the most important medium of mass
communication and information. The Government controlled much of the
electronic media through the NBC, which was responsible for monitoring
and deregulation of broadcast media.
In contrast to the previous year, there were reports that
journalists were killed.
On August 17, unknown assassins killed Paul Abayomi Ogundeji, a
reporter for the privately owned This Day newspaper and member of its
editorial board. The August 19 issues of two other papers, The Punch
and The Nigerian Compass, quoted an unidentified source stating that a
uniformed police officer shot Ogundeji. Although the NPF began an
investigation, there were no further developments at year's end.
On October 15, six unknown assailants shot and killed the chairman
of the Credential Committee of the Nigeria Union of Journalists and
Nasarawa State Broadcasting Service, radio journalist Eiphraim Audu in
Lafia, Nasarawa State. An investigation was launched but provided no
results by year's end.
There were no developments in the 2006 killing by unknown
assailants of Godwin Aybroko, editor and columnist of This Day
newspaper in Lagos.
Security forces beat journalists. For example, on August 1,
security operatives beat a Channels TV cameraman who attempted to take
pictures of a raid on the house of Niger Delta Peoples Volunteer Force
leader Asari Dokubo in Abuja. There were no additional developments at
year's end.
On September 4, police officers in Lagos reportedly beat three
journalists, Adewole Ajayi from the Nigeria Tribune, Emmanuel Oladesu
from The Nation, and Bimbo Ogunnaike with the Nigerian Compass, for
attempting to cover an Action Congress (AC) political rally. The
officers were escorting a politician from the AC. Joe Igbokwe, the AC
Publicity Secretary in the State, offered an apology after the
incident. No further action was taken by year's end.
There were no developments in the May 2007 case in which journalist
Dare Folorunso was taken to a hospital in a coma after several Ondo
State policemen, including Deputy Commissioner Joshua Mumbo, beat him.
Folorunso later recovered and was discharged. The local Union of
Journalists asked police to pay compensation and offer Folorunso a
public apology; however, no action was taken by year's end.
Security forces detained journalists and seized newspapers during
the year. Several journalists were detained and their media outlets
seized for reporting on President Yar'Adua's health.
On January 24, Akwa Ibom State security operatives arrested Essien
Asuquo Ewoh, a newspaper distributor in Uyo, and on January 27 arrested
Sam Asowata, chairman of the editorial board of the weekly newspaper
Fresh Facts. Police allegedly also ransacked Fresh Facts' office. Both
were charged with sedition and ``conspiracy to distribute copies of
Fresh Facts newspaper with the intent to bring hatred or contempt to
the governor of the state'' with a story about Akwa Ibom State Governor
Akpabio's alleged ties to corrupt persons. Owoh and Asowata were later
released.
In March the Kano State government arrested Hausa filmmaker Hamisu
Lamido, known as Iyan Tama, for operating his company Iyan Tama
Multimedia without registration and for releasing the film
``Tsintsiya,'' a Hausa adaptation of the film ``West Side Story,'' in
Kano without having it first reviewed by the state censorship board.
The trial initially was scheduled for May 12, but was moved to a new
location without notification to the defendant, resulting in Lamido's
arrest for violation of bail by not appearing. Lamido was later
released on bail and the trial was rescheduled. On December 30, a Kano
magistrate court found Iyan Tama guilty and sentenced him to 15 months
in prison and a 300,000 naira fine. Attorneys for the defendant filed
an appeal to the High Court and the case was ongoing at year's end.
On April 12, security forces arrested four U.S. filmmakers and one
Nigerian for attempting to make a documentary about the effects of the
oil industry on the Niger Delta region. Charges were later dropped and
all five were released after four days in detention.
On October 18, SSS operatives arrested Jonathan Elendu, owner of
the Elendu Reports, an on-line publication, when he arrived at the
airport in Abuja from abroad. Elendu was detained for nearly two weeks
without charge, reportedly due to several reports published speculating
about President Yar'Adua's health, before being released. Authorities
seized his passport to prevent his travel outside the country until the
investigation, which continued at year's end, concluded.
On October 28, the SSS arrested a dual U.S.-Nigerian citizen upon
his arrival at the Murtala Muhammad International Airport in Lagos
allegedly for running several items about President Yar'Adua's health
on his online magazine website. The accused was released on bail on
November 4; but the SSS retained his passport and prevented him from
leaving the country until an investigation was concluded.
On November 14, SSS officials detained Leadership newspaper
publisher Sam Nda Isaiah and questioned him for two days regarding a
November 8 story reporting that President Yar'Adua was critically ill.
On November 27, President Yar'Adua issued a directive for the NPF to
arrest Isaiah, Daily Editor Abdulrazaque Bello-Barkindo, Weekend Editor
Laura Olugbemi, and former Associate Editor Simon Imoboswam for alleged
``defamation of character and injurious falsehood,'' over the story.
All four were released on bail pending trial which was postponed until
2009.
There were no developments in the January 2007 case in which SSS
agents raided the offices of daily newspaper Leadership, seized
documents, and detained reporter Danladi Ndayebo for nine hours.
There were no developments in the January 2007 case in which SSS
officials detained Abuja Inquirer publisher Dan Akpovwa and editor Sode
Abbah in connection with a story that claimed a military coup was
possible because of a public disagreement between former president
Obasanjo and former vice president Atiku Abubakar. SSS agents sealed
the newspaper's office and seized computer discs, a hard drive, and
copies of the newspaper. Akpovwa was released after 36 hours, and Abbah
12 hours later.
There were no developments in the June 2007 case in which 15 armed
men, including two uniformed police officers, stormed the printing
plant of privately owned weekly paper Events in Uyo, Akwa Ibom State,
and allegedly seized an estimated 5,000 copies of the newspaper.
There were no developments in the October 2007 case in which the
SSS arrested Events editor Jerome Imeime and charged him with sedition
for criticizing the state's governor on the front page of the paper.
Imeime was released three weeks later.
The Government suspended television and radio stations during the
year.
For example, on September 17, the NBC announced the suspension of
operations and revocation of license for Channels TV following its
September 16 closure by the SSS. Federal agents, led by Minister of
Information Odey, shut down Channels TV in Lagos and Abuja for
broadcasting a ``false news story..'' Channels TV had broadcast a story
stating the president might resign due to health reasons. The station
and many other news outlets apparently received the information from an
email address claiming to be News Agency of Nigeria (NAN). NAN denied
any involvement and stated that the e-mail address did not belong to
it. Five staff members of Channels TV were detained for three days. On
September 19, NBC gave Channels TV permission to resume broadcasting
and confirmed the release of all journalists without charges.
In April 2007 SSS backed by police forcefully entered the studio of
AIT and forced the staff to stop transmitting a documentary critical of
President Obasanjo and the ruling PDP. SSS agents seized tapes of all
commercially sponsored programs that were scheduled for that day and
shut down AIT's sister radio station, Ray Power FM. Press reports
quoted an SSS spokesman as saying that the programming had ``security
implications.'' The NBC warned the station that it would face ``serious
sanction'' if it aired the program again.
In May 2007 armed men invaded the Broadcasting Corporation of Oyo
State, where the Oyo State radio and television stations were located.
Some workers were injured as the men vandalized the studios, carted
away broadcast equipment, and disrupted broadcasting. The affiliation
of the armed men had not been determined by year's end.
Local NGOs suggested that newspaper editors and owners
underreported killings and other human rights abuses, due in part to
government intimidation.
The law criminalizes libel and requires defendants to prove the
truth of opinion or value judgment contained in news reports or
commentaries. This limited the circumstances in which media defendants
could rely on the defense of ``fair comment on matters of public
interest'' and restricted the right to freedom of expression. Penalties
for libel ranged from one to seven years' imprisonment.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. However, several Internet news sites critical of
the Government experienced server problems which site owners attributed
to government interference. Such disruptions in service usually lasted
a few hours to a day.
Individuals and groups could engage in the peaceful expression of
views via the Internet, including by e-mail. A 2006 survey revealed
that only 1.3 percent of households owned a personal computer and that
1.5 percent had fixed line telephone service. Cyber cafes, unmonitored
by the Government, were widely available in metropolitan areas.
Academic Freedom and Cultural Events.--State governments continued
to restrict academic freedom by controlling curriculum at all levels,
including mandating religious instruction. Student groups alleged that
numerous strikes, inadequate facilities, and the rise of gangs on
campuses, particularly in the south, continued to hamper educational
progress.
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 for progovernment
rallies, while opposition gatherings continued to be restricted. In
areas that experienced societal violence, police and security forces
permitted public meetings and demonstrations on a case-by-case basis.
Police frequently cited the 1990 Public Order Act to disband
meetings critical of the Government, in spite of the Abuja High Court's
2005 decision to strike down the act, which required a police permit to
be issued for all public rallies and processions. The attorney general
and the NPF appealed the decision, and in December 2007 the Court of
Appeal in Abuja declared that a permit would no longer be necessary for
any assembly, and that the Public Order Act infringed upon fundamental
constitutional rights. Following the ruling, however, the inspector
general of police announced that the NPF would appeal to the Supreme
Court. There were no developments in the case at year's end.
The Government occasionally banned gatherings whose political,
ethnic, or religious nature might lead to unrest. Open-air religious
services held away from places of worship remained prohibited in many
states due to fears that they might heighten interreligious tensions.
The Kaduna State government ban on processions, rallies,
demonstrations, and meetings in public places still was enforced on a
case-by-case basis. A security forces committee ban on all political,
cultural, and religious meetings in Plateau State continued to be
implemented on an ad hoc basis.
There were no developments in the March 2007 case in which groups
affiliated with the PDP and DPP went on a 48-hour vandalism spree in
Sokoto, destroying each other's party offices and members' vehicles.
Several injuries were reported, and the police responded by banning all
political rallies in the state through the April 2007 elections.
Security forces forcibly dispersed and arrested demonstrators
during the year, resulting in numerous injuries.
There were no developments in the May 2007 case in which Abuja
police detained more than 235 persons for attempting to protest the
recent elections, and police in Lagos arrested approximately 80 others
during the nationwide Labor Day celebrations, or the July 2007 case in
which a team of mobile police officers accompanied by officials on the
Abuja Environmental Protection Board (AEPB) disbanded an Abuja rally
held to draw attention to hunger in the country. AEPB officers arrested
Ojobo Atuluku, the country's nominee to the UN Committee on the Rights
of the Child, and 20 other employees of ActionAid International,
Nigeria (AAIN). AEPB official Muhammed Abuja, who led the arrest,
stated that the march was illegal since the organizers did not obtain
the board's permission. Police officers roughly handled the AAIN
employees and used teargas to disperse the crowd.
Freedom of Association.--The constitution and law provide for the
right to associate freely with other persons in political parties,
trade unions, or special interest associations, and the Government
generally respected this right in practice. The constitution and law
allow the free formation of political parties. There were 50 parties
registered with the Independent National Electoral Commission (INEC) at
year's end.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion. Although the federal government generally
respected religious freedom, there were instances in which limits were
placed on religious activity to address security and public safety
concerns.
The constitution prohibits state and local governments from
adopting or giving preferential treatment to a religious or ethnic
community; however, states, whether predominantly Christian or Muslim,
generally favored the faith practiced by the majority of their
residents. Many Christians alleged that the 2000 reintroduction and
enforcement of criminal aspects of the Shari'a legal system and the
continued use of state resources to fund the construction of mosques,
the teaching of qadis (Shari'a court judges), and subsidies for the
pilgrimage to Mecca in the 12 northern states amounted to the adoption
of Islam as a de facto state religion. Moreover, the NGO Civil
Liberties Organization (CLO) contended that the establishment of a
Ministry of Religious Affairs and the creation of a preacher's council
in Zamfara State were tantamount to adopting Islam as a state religion.
However, several states, including northern states, apportioned funds
to finance Christian pilgrimages to Jerusalem and to construct
churches.
The constitution provides that states may establish courts based on
the common law or customary court law systems. Individual states in the
north had elected to create Shari'a courts alongside the common law and
customary courts. Many other states, including central states Benue and
Plateau, had Shari'a appellate courts. In 2000, 12 northern states
(Sokoto, Kebbi, Niger, Kano, Katsina, Kaduna, Jigawa, Yobe, Bauchi,
Borno, Zamfara, and Gombe) reintroduced criminal law aspects of the
Shari'a legal system. Prior to 2000 the courts used the Shari'a system
to adjudicate civil matters only. Adherence to Shari'a criminal law was
compulsory for Muslims in some states and optional in others. While the
constitution technically does not permit non-Muslims to consent to
Shari'a jurisdiction, in practice non-Muslims have the option of doing
so when the penalty under Shari'a is less severe than under civil law
(e.g., a fine rather than a prison sentence).
Although several northern states continued to ban public
proselytizing to forestall ethno-religious violence, some Christian
proselytizing groups nonetheless remained active. The bans generally
were enforced on a case-by-case basis.
The constitution does not require students to receive religious
instruction in secular public schools. However, state governments
occasionally passed laws seeking to incorporate religious studies into
the curriculum. NGOs such as the CLO claimed that the 12 northern
states had made Islamic religious education compulsory in previously
secular public schools. Authorities of several of these states claimed
that schools did not require students to attend classes of a religious
group other than their own, and that students could request a teacher
of their own religious beliefs to provide alternative instruction.
However, there were often no teachers of ``Christian Religious
Knowledge'' in many northern schools.
Although the Government generally did not restrict distribution of
religious publications, it sporadically enforced a ban against
broadcasting religious notices on state-owned radio and television
stations. Private radio stations regularly broadcast religious
programming.
Although the expanded jurisdiction of Shari'a did not apply to non-
Muslims in civil and criminal proceedings, certain social mores
inspired by Shari'a, such as the separation of the sexes in public
schools, health care, and public transport, also affected non-Muslim
minorities in the north at times.
A number of states with expanded Shari'a laws sanctioned
enforcement by private groups known as the Hisbah, which were funded by
state governments. In some cases these groups had authority to make
arrests, but they primarily served as traffic wardens and helped
regulate commercial activity in the marketplace. Hisbah groups were
active during the year in Zamfara, Niger, and Kano states.
Although most Shari'a states did not criminalize alcohol
consumption by non-Muslims, Kano State maintained laws providing for
steep fines and prison sentences for the distribution and public
consumption of alcohol. However, there were no reports of non-Muslims
being penalized during the year. In spite of the ban, alcohol was
available in Kano at some hotel bars and restaurants and in the Sabon
Gari area of Kano, where a majority of non-Muslims lived. During the
year, however, the governor and state Hisbah began cracking down on the
import of alcohol into Sabon Gari by mounting checkpoints and
impounding vehicles carrying alcohol. The Legal Director of the Hisbah
Board reportedly claimed the Hisbah had authority to operate throughout
the state. Others responded that the federal constitution, which
permits the sale of alcohol, has priority over the Hisbah's mandate. In
some northern states, government officials restricted the sale and
public consumption of alcohol to federal government installations, such
as military and police barracks.
On November 17, press reports indicated that the Chairman of the
Liquor Licensing Board announced that 427 persons were arrested and 54
convicted in Minna, Niger State for violating the state liquor law
which prohibits the sale and consumption of alcohol in specified areas.
The sentences for those convicted could not be confirmed.
Societal Abuses and Discrimination.--The law prohibits religious
discrimination in employment and other practices; however, private
businesses frequently discriminated on the basis of religion or
ethnicity in their hiring practices and purchasing patterns. In nearly
all states, ethnic rivalries between ``indigenes'' and ``settlers'' led
to some societal discrimination against minority ethnic and religious
groups.
Religious differences often mirrored regional, tribal-ethnic, and
occupational differences. For example, in many areas of the Middle
Belt, Muslim Fulani tended to be pastoralists, while the Muslim Hausa
and most Christian Igbo and other ethnic groups tended to be farmers or
work in urban areas. Consequently ethnic, regional, economic, and land
use competition often correlated with religious differences between the
competing groups. Interreligious tension between Christians and Muslims
remained in some areas, and conflicts of a socioeconomic or political
nature often divided persons along religious lines.
There were a few instances of societal abuse and discrimination
against members of Jehovah's Witnesses who refused for religious
reasons to join local age-grade associations or women's associations.
Ethno-religious violence resulted in numerous deaths and the
displacement of thousands of persons throughout the country.
On November 27, in Jos, ethno-religious violence erupted during the
vote tabulation for the Jos North Local Government Area elections,
resulting in the deaths of approximately 300 persons. As with previous
such outbreaks, local elites may have exploited underlying tensions
between the Muslim Hausa-Fulani in Jos North and surrounding Christian
ethnic groups for political purposes. Credible reports indicate police
used lethal force during attempts to quell the violence, killing many
civilians (See Section 1.a.).
On August 31, Muslims in Ilorin, Kwara State, allegedly set fire to
the four-year-old, 20 million naira (approximately $170,575), Christ
Apostolic Church building in the Baboko area due to its proximity to a
mosque. Local Muslim leaders had complained to the Inter-Religious
Committee, an interfaith panel established by the state government to
mediate Muslim-Christian conflicts, and after initially rejecting their
complaint, the committee offered the congregation 3 million naira
($24,580) and ordered them to relocate. The church leadership rejected
the directive and appealed to the committee to reconsider. There were
no additional developments at year's end.
There were no reports of anti-Semitic acts during the year. There
are an estimated 30,000 members of the Jewish community and 26
synagogues in the country.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement, foreign travel, emigration, and repatriation, and
while the Government generally respected these rights, police
occasionally restricted freedom of movement by enforcing curfews in
areas experiencing ethno-religious violence, and routinely set up
roadblocks and checkpoints to extort money from travelers. Security
officials continued to use excessive force at checkpoints and
roadblocks. On some roads police maintained checkpoints every few
miles.
Following the November ethno-religious riots in Jos, security
forces instituted a 7:00 pm to 6:00 am curfew throughout Jos. The
curfew remained in place at year's end.
The FCDA continued to demolish homes and businesses illegally in
the FCT, which left numerous persons homeless.
Internally Displaced Persons (IDPs).--Ethnic conflict along the
borders of Benue, Taraba, and Ebonyi states resulted in the
displacement of hundreds of persons throughout the year as they fled
their homes to avoid further persecution in the decades-old ethnic
disputes over farmland and political power. The governors of Benue,
Taraba, and Ebonyi states attempted to quell the violence through
meetings with local leaders, curfews, and development programs. The
federal government deployed mobile police units to affected areas to
prevent further violence.
For example, on January 19, a week of renewed hostilities erupted
between the Agile community in Benue State and their Mgbo neighbors in
Ebonyi State. Residents of Agile fled their homes; schools, churches
and homes were destroyed; and five persons were reported killed.
On March 25, violence erupted between the Jukun and Kuteb
communities of Taraba State, which reportedly resulted in the deaths of
seven persons, destruction of property, and displacement of the Kuteb
community. The Government deployed mobile policemen to the area to
prevent further violence. On December 28, the violence reignited when
the Kuteb protested the Jukun trying to hold a cultural festival known
as Puje. The Kuteb were previously prohibited by the Government from
holding their own cultural festival, Kuchicheb, earlier in the year.
The clash reportedly resulted in millions of naira worth of damage,
thousands of residents fleeing for safety, and seven deaths.
On July 23, a violent clash between the Atagenyi and Omelemu
communities of Benue State resulted in attacks and counterattacks that
left five persons dead, property destroyed, and which displaced all
residents of Atagenyi, Omelemu, and neighboring Ojantle.
On August 14, the federal government ceded the Bakassi Peninsula to
Cameroon in accordance with a 2002 International Court of Justice
decision. The Cross River State Emergency Management Agency estimated
that 3,855 Nigerians were displaced and resettled in the Ekpiri Ikang
Local Government Area (renamed the Bakassi Local Government Area) of
Cross River State, where the federal government was constructing homes
and facilities for the IDPs. A majority of the IDPs, however, did not
remain in the resettlement center and relocated on their own, claiming
that the facilities were inadequate and that they would rather decide
for themselves where to live. By October, all non-native Cross River
IDPs had reportedly resettled in Delta, Bayelsa, Rivers, and Akwa Ibom
States.
Protection of Refugees.--The law provides for the granting of
asylum and refugee status to persons in accordance with the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol,
and the Government has established a system for providing protection to
refugees. The Government provided protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened, and granted refugee status or asylum. The Government
cooperated with Office of the UN High Commissioner for Refugees (UNHCR)
and other humanitarian organizations in assisting refugees and asylum
seekers through the National Commission for Refugees, its federal
commissioner, and the National Emergency Management Agency. The
Eligibility Committee (on which the UNHCR had observer status),
governed the granting of refugee status, asylum, and resettlement, and
reviewed refugee and resettlement applications.
Refugee camps were generally overcrowded, and refugees' requests
for police and judicial assistance usually received no attention.
Refugees, like citizens, had poor access to the courts.
In early February, due to escalating violence in neighboring Chad,
more than 2,000 refugees fled to Gamboru-Ngala in Borno State.
According to the ICRC, the State of Borno housed the refugees in an
abandoned building and new camp on the outskirts of town, while the
Nigerian Red Cross and the Nigeria Immigration Service registered all
the refugees. By February 10, after the violence subsided, most
refugees had returned to Chad.
The Government also provided temporary protection to individuals
who may not qualify as refugees under the 1951 convention and the 1967
protocol and provided it to a few hundred persons during the year.
In August 2007 the Government signed a multipartite agreement with
the Governments of Liberia and Sierra Leone, the Economic Community of
West African States, and UNHCR to locally integrate Liberian and Sierra
Leonean refugees. In November 2007 the Government held a national
conference in Abuja to develop a plan to implement the integration;
however, the plan had not been implemented by year's end.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully through periodic, free, and fair elections
held on the basis of universal suffrage; however, citizens' right to
change their government was abridged during the most recent national
and state elections in April 2007, which were conducted amid widespread
fraud and numerous incidents of violence.
Elections and Political Participation.--In May 2007 Umaru Musa
Yar'Adua was sworn in as president with his Vice President Goodluck
Jonathan. The inauguration marked the first transition from one elected
presidential administration to another since the country gained
independence from Britain in 1960. However, the 2007 election that
brought them to power was deemed fundamentally flawed by citizens and
international observers alike. In August 2007, as part of his pledge to
address the shortcomings in the electoral system, President Yar'Adua
established the Electoral Reforms Committee (ERC), consisting of
governmental and NGO representatives, which was charged with bringing
the electoral process up to international standards. On December 11,
following regular meetings throughout the year and public hearings
across the country in May and June, the ERC submitted its report to
President Yar'Adua. The report cited the lack of independence for INEC
and state electoral committees as key deficiencies in the April 2007
electoral process, and it recommended a system of proportional
representation for both legislative and local elections as well as the
reinstatement of independent candidacies. The report also called for
the creation of three new commissions that would alleviate INEC of many
responsibilities, in an effort to allow it to focus solely on
conducting elections.
The April 2007 presidential, national assembly, gubernatorial, and
state-level elections were marred by poor organization, widespread
fraud, and numerous incidents of violence. The Government, through
INEC, undertook voter registration; however, this effort was poorly
organized, seriously flawed, incomplete, and not widely publicized.
Although INEC claimed 60 percent voter turnout nationwide, most
independent observers estimated it at less than 20 percent. In some
states, local and international observers reported that they were
unable to locate any open polling stations where voting was supposed to
be taking place, despite INEC's later claims of voter turnout well
above 50 percent for those polling stations. In other states, observers
noted polling stations did not open until the late afternoon and were
forced to close in the early evening due to darkness or state curfews,
thereby restricting the number of voters who could be processed and
allowed to vote.
A total of 43 parties participated in the national assembly
elections, and 24 parties in the presidential election. The European
Union Election Observation Mission stated that the elections ``fell far
short of basic international and regional standards for democratic
elections,'' while the Transition Monitoring Group-a coalition of over
60 organizations throughout the country that monitors elections,
encourages voter participation, and promotes proper voting procedures-
described the elections as ``a charade.'' All major independent
observer groups, international and domestic, issued statements
questioning the fairness of the elections and cited problems throughout
the country including ballot stuffing, intentional miscounting at both
polling stations and ballot compilation stages, underage voting,
multiple voting, intimidation, violence, and at least 300 deaths,
including some politically motivated killings. Although all parties
participated in the misconduct, observers cited violations by the
ruling PDP significantly more often than those by other parties.
Following the elections, election tribunals received over 1,250
legal motions filed across the country to overturn the results of
individual elections for all levels of government posts, including the
presidency. Both major rival candidates of Yar'Adua-Atiku Abubakar and
Muhammadu Buhari-petitioned for the annulment of the presidential race.
The tribunal upheld the election, but Abubakar and Buhari appealed to
the Supreme Court. On December 12, the Supreme Court rejected the
appeals, thereby upholding the election of President Yar'adua in a 4-3
decision. The cases filed to overturn National Assembly results
included a case contesting the election of Senate President David Mark
in Benue State. Although the tribunal challenged the results of Mark's
election in part of the district, this ruling was overturned by the
Court of Appeal. By year's end several tribunals had concluded their
deliberations, resulting in the nullification of nine local-level
elections, nine senatorial elections, and 11 gubernatorial elections.
Due to discrepancies during the 2003 elections, the Government passed
the Electoral Act of 2006, which outlines the legal procedures for
conducting and contesting an election. Although it was widely accepted
that the 2007 elections were fraudulent, most of the tribunals
overturned elections based on technicalities such as lacking the party
logo on the ballot or not having the party name listed, rather than for
criminal activity or fraud related to the elections.
In some cases in which elections were rerun after the original
results were annulled by tribunals, observers noted the same type of
irregularities repeated as witnessed during the April 2007 elections.
Political violence occurred at federal, state, and local levels, as
well as within political parties. However, NGOs could not agree on what
constituted political violence or how many such incidents occurred. By
March 2007, 51 cases of killings, kidnappings, and clashes among
supporters in Bayelesa, Bauchi, Benue, Rivers, and Delta states were
recorded by the Nigerian Alliance for Peaceful Elections. The South
Africa-based Institute for Democracy claimed that as many as 280
persons were killed in the country between February and March 2007. The
Government made little effort to investigate or bring charges in any of
these cases of political violence.
On January 24, 10 persons were wounded when members of the PDP and
AC clashed in Ibadan, Oyo State.
There were no developments in the February 2007 case in which at
least 35 persons were killed during seven days of clashes in the Ogoni
region of Rivers State, where two of former Governor Peter Odili's
associates were fighting over political control; the March 2007 case in
which fighting broke out between PDP and ANPP supporters in Abeokuta,
Ogun State, resulting in the death of four persons; or the March 2007
case in which armed DPP supporters in Gombe stormed a magistrate's
court, forcibly freeing DPP gubernatorial candidate Abubakar Habu
Hashidu and wounding the judge presiding over his case.
There were no developments in the 2006 cases in which violence
marred PDP local government congresses in several states.
The electoral law allowed those who felt they had been
disenfranchised to leave their existing party and form a new one.
Parties generally formed around individuals rather than on ideological
grounds. There were allegations that new parties were established by
the PDP for the purpose of confusing voters with large numbers of
candidates.
There were no developments in the 2006 cases in which the SSS
detained and questioned the leader of the Advanced Congress of
Democrats, a political party that had recently been formed by former
members of the ruling PDP; or in which eight leaders of the Turaki
Vanguard, a campaign group supporting the vice president, were charged
with belonging to an unlawful society.
Although there were more than 500 ministerial and National Assembly
positions, men still accounted for more than 90 percent of the
country's appointed and elected officials. There were only six female
ministers out of 42, nine female senators out of 109 and 30 female
representatives out of 360 at year's end. Although there were no female
governors, five out of 36 states had female deputy governors.
To promote national unity and loyalty, the law mandates that the
composition of the federal, state, and local governments and their
agencies, as well as the conduct of their affairs, reflect the diverse
character of the country-this is referred to as Federal Character. The
Yar'Adua administration was an example of this diversity: President
Yar'Adua is a Fulani from the northern city of Katsina, the vice
president is an Ijaw from the southern state of Bayelsa, and the senate
president is an Idoma from the central state of Benue. The Government
also attempted to balance other key positions among the different
regions and ethnic groups. The political parties also engaged in
``zoning,'' a practice of rotating positions within the party among the
different regions and ethnic groups to ensure that each region was
given adequate representation. Despite this effort, with more than 250
ethnic groups, it was difficult to ensure representation of every group
in the Government.
Government Corruption and Transparency.--Corruption was massive,
widespread, and pervasive, at all levels of government and society. The
constitution provides immunity from civil and criminal prosecution to
the president, vice president, governors, and deputy governors while in
office.
The EFCC's anticorruption efforts waned, with little progress on
prosecutions of federal, state, and local officials accused of
corruption. On May 15, President Yar'Adua appointed Farida Waziri, a
former assistant inspector general of police, as the new EFCC chairman.
The Yar'Adua administration continued to voice publicly its commitment
to fighting corruption at all levels; however, critics continued to
claim that some EFCC investigations were politically motivated,
singling out political opponents of the administration while turning a
blind eye to actions of those in favor, and that the EFCC did not
always follow proper criminal procedure. Penalties for corruption, if
found guilty, remained insufficient to serve as a deterrent.
On June 30, the EFCC arrested former ministers of aviation Femi
Fani-Kayode and Babalola Borishade following a Senate probe into the
19.5 billion naira (approximately $166 million) Aviation Intervention
Fund. The two former ministers were charged with conspiracy and
diversion of public funds due to inflating a 6.5 million naira
($55,000) contract. On July 10, both Fani-Kayode and Borishade were
released on bail. On December 22, however, the EFCC rearrested Fani-
Kayode on charges of corruption and violations to the EFCC Money
Laundering Act and Lagos Federal High Court remanded him to Ikoyi
Prison in Lagos where he remained in custody at year's end. Trials for
both defendants remained pending at year's end.
On July 31, the EFCC arrested former Adamawa governor Boni Haruna
on a 21-count charge of misappropriating 93 million naira
(approximately $790,000) of the state's money. He was released on bail
on August 8, and his trial was pending at year's end.
On August 7, the EFCC arrested former chairman of the Nigeria Ports
Authority (NPA) Board of Directors Bode George and five other members
of the NPA on a 163-count charge of abuse of office with the intent to
defraud and illegal award of contracts worth 84 billion naira
(approximately $700 million). On 0ctober 28, the charges were reduced
from 163 to 68 counts and the defendants were granted bail. The trial
was pending at year's end.
On December 18, a Federal High Court in Enugu convicted former Edo
State governor Lucky Igbinedion on only one-count of corruption despite
the 142 counts filed alleging embezzlement of over 3.6 billion naira
(approximately $24 million). The court released Igbinedion and fined
him 3.5 million naira ($23,000), which he paid immediately. The EFCC
was appealing the verdict due to the meager sentence.
There were no new developments in the July 2007 arrest on money
laundering charges of four former governors- Chief Orji Kalu of Abia
State, Saminu Turaki of Jigawa State, Reverend Jolly Nyame of Taraba
State, and Joshua Dariye of Plateau State.
The EFCC prosecuted former governor of Abia State Orji Kalu for
allegedly laundering an estimated 3.1 billion naira (approximately
$24.5 million) of Abia State funds. The Federal High Court in Abuja
remanded Kalu to Kuje Medium Security Prison, where he spent 16 days
before posting bail in August 2007. The attorney general attempted to
have the trial discontinued based on an earlier Abia State High Court
ruling that was intended to shield Kalu from arrest and trial. In
September 2007 the EFCC appealed and insisted it had the right to
arrest and prosecute Kalu. There were no new developments at year's
end.
The trial of former Delta State governor James Ibori on a 103-count
charge of abuse of office, corruption, and money laundering continued
to be delayed at year's end. The EFCC arrested Ibori in December 2007
and remanded him to Kaduna Central prison until February 10, when a
Federal High Court granted him bail.
The EFCC also investigated numerous federal government officials
for allegedly accepting bribes from international companies. In
December 2007 the Government suspended dealings and canceled a supply
contract with Siemens Telecommunications pending an investigation into
allegations it paid more than 687 million naira (approximately $4.5
million) in bribes to federal officials in connection with four
telecommunications contracts valued at 20 billion naira ($130 million).
Also in December 2007 the EFCC investigated numerous federal officials
over a 700 million naira ($6 million) bribe allegedly paid by Wilbros
Group to facilitate a gas pipeline contract. Investigations were
ongoing at year's end.
The trial of former governor of Ekiti State Ayodele Fayose was
repeatedly delayed and rescheduled for February 2009. On January 7 a
Lagos High Court granted Fayose bail and later gave him permission to
travel abroad for medical treatment. In December 2007 Fayose
surrendered to the EFCC to defend himself against allegations that he
fraudulently obtained 11.8 billion naira (approximately $101 million)
from Ekiti State funds. The Federal High Court in Lagos remanded Fayose
to Ikoyi Prison in Lagos on a 51-count charge of fraud, money
laundering, and illegal diversion of public funds. Fayose pleaded not
guilty but was denied bail. While still in custody, the Ekiti High
Court issued a warrant for Fayose's arrest for the murder of Tunde
Omojola, a former AC gubernatorial candidate who reportedly tried to
stop Fayose from stealing a ballot box during local government
elections in 2005.
There were no developments in the 2007 case involving the former
Plateau State governor Joshua Dariye, who was arrested and later
released on bail for alleged corruption.
There were no further developments concerning the July 2007 case of
former Bayelsa State governor Diepreye Alamieyeseigha, who was arrested
in 2005 on charges of money laundering, denied bail in 2006, pleaded
guilty to six of the charges, was sentenced to 12 years in prison, but
was released due to time already served. The court also ordered the
confiscation and forfeiture of his assets, which allegedly consisted of
six companies, nine properties located in several countries, and funds
in excess of 2.4 billion naira (approximately $20.4 million).
There were no laws providing for access to information, and the
Government provided limited access in practice.
On September 23, President Yar'Adua required approximately 70
political office holders within the Presidency to take an oath of
secrecy. Although a presidential spokesman downplayed the event as
routine, NGOs and the press criticized the move as an attempt to limit
transparency within the Government.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views; but the
Government's capacity, and at times willingness, to follow through on
necessary reforms was lacking.
In September 2007 in an incident that observers described as a
government effort to intimidate local civil society groups, the SSS
detained and charged with espionage the American director of an NGO
that worked to promote conflict management in the Delta region, her
Nigerian colleague, and two German filmmakers for filming oil
installations in the Delta. However, the Government later claimed that
the filmmakers deliberately falsified their reason for entry into the
country on their visa applications and were caught filming sensitive
installations in the Delta without permission. In the process of trying
to collect evidence, the SSS searched other NGO offices in the Port
Harcourt area that were known to have a connection to the American. In
November 2007 the attorney general filed a motion for the dismissal of
the charges and all were released.
Numerous domestic and international NGOs were active in the
country. Significant NGOs included AI, Civil Society Legislative
Advocacy Center, the Alliance for Credible Elections, the Open Society
Institute, ActionAid, the Campaign for Democracy, the Center for Law
Enforcement Education, the Committee for the Defense of Human Rights,
Global Rights, Human Rights Watch (HRW), Women Trafficking and Child
Labor Eradication Foundation (WOTCLEF), and the Women's Consortium of
Nigeria. NGOs were generally independent of the Government although
some, such as WOTCLEF, which the previous vice president's wife
chaired, had close government ties.
The Government frequently met with NGOs and civil society
organizations; but few results came from their communications.
International NGOs, including AI and HRW, as well as the UN Special
Rapporteur on Torture, actively addressed human rights issues in the
country during the year.
The NHRC, which the Government tasked with monitoring and
protecting human rights, had zonal affiliates in each of the country's
six political regions. Since its inception, the NHRC's operations were
limited by insufficient funding. The commission also lacked judicial
authority and could only make nonbinding recommendations to the
Government. The commission published an annual report detailing
specific human rights abuses including torture, prison conditions and
extra-judicial killings.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on
community, place of origin, ethnic group, sex, religion, or political
opinion; however, the Government did not enforce the law effectively.
Women.--The law criminalizes rape and provides penalties of 10
years to life imprisonment and/or 200,000 naira (approximately $1,560)
fine, but societal pressures and the stigma associated with being a
rape victim reduced both the percentage of rapes reported and the
penalties imposed for conviction. The law recognizes spousal rape as a
separate offense; however, spousal rape was difficult to prove in
court, and no such prosecutions were reported during the year. Rape
continued to be epidemic in universities. In 2006 AI issued a report
criticizing the judicial system for a conviction rate of only 10
percent of the total number of rape prosecutions. Although the
occurrence of rape is widespread, the stigma attached to victims,
rather than the attackers, deters many from reporting crimes or
pressing charges as perpetrators are rarely brought to justice.
The constitution provides for equality and freedom from
discrimination; but there are no laws that criminalize gender-based
violence, while some federal laws condone such violence. Domestic
violence was widespread and often considered socially acceptable.
Reports of spousal abuse were common, especially wife beating. Police
normally did not intervene in domestic disputes, which seldom were
discussed publicly. The Penal Code, Northern Nigeria law 1963 cap 89,
permits husbands to use physical means to chastise their wives as long
as it does not result in ``grievous harm,'' which is defined as loss of
sight, hearing, speech, facial disfigurement, or life-threatening
injuries. In more rural areas, courts and police were reluctant to
intervene to protect women who formally accused their husbands of
abuse, if the level of alleged abuse did not exceed customary norms in
the areas. According to the 2003 Nigeria Demographic and Health Survey
(NDHS), 64.5 percent of women and 61.3 percent of men agreed that a
husband was justified in hitting or beating his wife for at least one
of six specified reasons, including burning food and not cooking on
time.
Project Alert on Violence Against Women, a local NGO, initiated
various outreach efforts to combat domestic violence. During the year
they conducted training programs with the police in an effort to
sensitize them to domestic violence, a ``Catch Them Young'' project
that aimed to educate young people about physical and sexual abuse, and
assisted faith-based organizations on providing counsel to victims of
domestic abuse. Project Alert also maintained a shelter, called
Sophia's Place, specifically for victims of domestic violence, which
offered services such as counseling, legal aid, and skills acquisition.
The Women's Rights Advancement and Protection Alternative was also a
leading voice in the campaign on violence against women and
continuously engaged in legislative advocacy for the passage of various
bills on the protection of women's rights.
AI estimated in 2005 that two-thirds of the women in certain
communities in Lagos State experienced physical, sexual, or
psychological violence in the family, with husbands, partners, and
fathers responsible for most of the violence. Discriminatory laws
exacerbated the problem. For example, the penalty for sexual assault of
a man is more severe than the penalty for the same offense against a
woman.
The NDHS estimated that 19 percent of females had been subjected to
FGM, although the incidence had declined steadily in recent years.
While practiced in all parts of the country, FGM was much more
prevalent in the southern region among the Yoruba and Igbo. Women from
northern states were less likely to undergo the most severe type of
FGM, infibulation. The age at which women and girls were subjected to
the practice varied from the first week of life until after a woman
delivered her first child; however, three-quarters of the NDHS 2003
survey respondents who had undergone FGM had been subjected to it
before their first birthday.
The federal government publicly opposed FGM but took no legal
action to curb the practice. Because of the considerable impediments
that anti-FGM groups faced at the federal level, most refocused their
energies on combating the practice at the state and local levels.
Bayelsa, Edo, Ogun, Cross River, Osun, and Rivers states banned FGM.
However, once a state legislature criminalized FGM, NGOs found that
they had to convince the local government area authorities that state
laws were applicable in their districts. The Ministry of Health,
women's groups, and many NGOs sponsored public awareness projects to
educate communities about the health hazards of FGM. They worked to
eradicate the practice, but financial and logistical obstacles limited
their contact with health care workers on the harmful effects of FGM.
During the year there were no known prosecutions resulting from a
2005 Osun State law intended to punish persons who encouraged FGM. The
law criminalizes the removal of any part of a sexual organ from a woman
or girl, except for medical reasons approved by a doctor. According to
the provisions of the law, an offender is any female who offers herself
for FGM; any person who coerces, entices, or induces any female to
undergo FGM; and any person who other than for medical reasons performs
an operation removing part of a woman or girl's sexual organs. The law
provides for a fine of 50,000 naira (approximately $385), one year's
imprisonment, or both for a first offense, and doubled penalties for a
second conviction.
FGM often resulted in obstetrical fistula (a tearing of the vaginal
area as a result of prolonged, obstructed labor without timely medical
intervention) during childbirth as scar tissue from the cutting often
opens and tears. Additionally, women who suffered from fistula were
often victims of other forms of abuse and neglect. The three delays
that caused most fistulas were: delay in seeking care; delay in
reaching a health facility; and delay in receiving care. Overcoming the
first two delays in many Nigerian homes is dependent on the husband or
male relative permitting the women to seek skilled care and providing
resources for transportation. Most fistulas resulted in the death of
the baby and chronic incontinence in the woman. The social consequences
of fistula included physical and emotional isolation, abandonment or
divorce, ridicule and shame, infertility, lack of economic support, and
the risk of violence and abuse. Fistula sufferers were often abandoned
or neglected by their husbands and families and ostracized by their
communities. Without treatment, prospects for work and family life were
greatly diminished and the women were often left to rely on charity.
Prostitution was pervasive, particularly in urban areas. There are
statutes at both the federal and state levels criminalizing
prostitution. All states that had adopted Shari'a had criminalized
prostitution, and this ban was enforced with varying degrees of
success. The police frequently used the antiprostitution statutes as
tools for harassment, arresting prostitutes and holding them until they
paid a bribe, but rarely prosecuting the cases in court. Corporate
prostitution-the hiring of women as corporate employees in the formal
sector to perform sexual acts to attract or retain clients to a
company-was a problem, particularly in the banking industry.
Sexual harassment was a common problem. There were no statutes
against sexual harassment, but violent forms were adjudicated under
assault statutes. The practice of demanding sexual favors in exchange
for employment or university grades continued to be common. In some
parts of the country, women continued to be harassed for social and
religious reasons. Purdah, the cultural practice of secluding women and
pubescent girls from unrelated men, continued in various parts of the
north. Although women's movement was restricted during daylight hours,
many women pursued economic and social activities outside the home in
the evening.
Women also experienced considerable economic discrimination. While
there are no laws barring women from particular fields of employment,
women often experienced discrimination under traditional and religious
practices. The Nigerian NGOs Coalition expressed concern regarding
continued discrimination against women in the private sector,
particularly in access to employment, promotion to higher professional
positions, and salary equality. There were credible reports that many
businesses operated with a ``get pregnant, get fired'' policy. Women
remained underrepresented in the formal sector but played an active and
vital role in the country's informal economy. While the number of women
employed in the business sector increased every year, women did not
receive equal pay for equal work. According to the Human Development
Report 2007/2008 published by the United Nations Development Program,
women earned only 40 percent of what men did and often found it
extremely difficult to acquire commercial credit or to obtain tax
deductions or rebates as heads of households. Unmarried women in
particular endured many forms of discrimination.
Although some women made considerable progress in both the academic
and business worlds, women overall remained marginalized. Although
women were not legally barred from owning land, under some customary
land tenure systems only men could own land, and women could gain
access to land only through marriage or family. In addition many
customary practices did not recognize a woman's right to inherit her
husband's property, and many widows were rendered destitute when their
in-laws took virtually all of the deceased husband's property.
In some parts of the country, widows experienced unfavorable
conditions as a result of discriminatory traditional customs and
economic deprivation. ``Confinement,'' which occurred predominantly in
the east, was the most common rite of deprivation to which widows were
subjected. Confined widows were under social restrictions for as long
as one year and usually were expected to shave their heads and dress in
black as part of a culturally mandated mourning period. In other areas
a widow was considered a part of her husband's property, to be
``inherited'' by his family.
Polygyny is legal and continued to be practiced widely among many
ethnic and religious groups.
Women in the 12 northern states were affected to varying degrees by
Shari'a. In Zamfara State local governments enforced laws requiring the
separation of Muslim men and women in transportation and health care.
Kano State's 2005 ban prohibiting commercial motorcycle taxis from
taking women as passengers remained in place; however, it was not
strictly enforced.
The testimony of women was given less weight than that of men in
many criminal courts.
Children.--The Government seldom enforced even the inadequate laws
designed to protect the rights of children.
Public schools continued to be substandard, and limited facilities
precluded access to education for many children. The law calls for the
Government, ``when practical,'' to provide free, compulsory, and
universal primary education; however, compulsory primary education
rarely was provided, and the numerous required school fees meant
schooling was not free. A 2004 NDHS survey showed primary school net
attendance rates of 64 percent for boys and 57 percent for girls, with
approximately 96 percent of those attending completing five years of
primary education. Secondary school net attendance was considerably
lower, at 38 percent for boys and 33 percent for girls. In many parts
of the country, girls were discriminated against in access to education
for social and economic reasons. When economic hardship restricted
families' ability to send children to school, many girls were directed
into activities such as domestic work, trading, and street vending.
Many families favored boys over girls in deciding which children to
enroll in secondary and elementary schools. The literacy rate was 58
percent for men but only 41 percent for women.
While most schools in the north traditionally separated children by
gender, the law requires this practice in Zamfara, Sokoto, and Kebbi
state schools. In August, Bauchi State banned coeducation at all junior
and senior level schools. The law listed the need to fight teenage
pregnancy and poor performance as justification. Private schools were
exempt.
To lessen the gap between boys' and girls' access to education, the
UN Children's Fund (UNICEF) collaborated with the Government on a
Strategy for Acceleration of Girls' Education in Nigeria, which
resulted in the launch of the Girls' Education Project (GEP) in 2004.
The GEP proved to be a successful pilot, and enrollment for girls
improved as did attendance and retention rates. In 2007 the Government
allocated 822 million naira (approximately $7 million) for the
provision of water and sanitation facilities at schools. However, the
GEP program ended in 2007, leaving the local governments responsible
for maintaining the progress. During the year, the GEP was only
implemented in a small number of schools in a few states.
Girls and boys had equal access to government health care. However,
girls were much more likely than boys to receive complete immunization
series against childhood diseases. Complete immunization rates were 17
percent for girls and 9.1 percent for boys.
FGM was commonly performed on girls in southern areas of the
country.
Cases of child abuse, abandoned infants, child prostitution, and
physically dangerous child labor practices remained common throughout
the country. The Government criticized child abuse and neglect but did
not undertake any significant measures to stop traditional practices
harmful to children, such as the sale of young girls into marriage.
There were credible reports that poor families sold their daughters
into marriage as a means to supplement their incomes. Young girls
sometimes were forced into marriage as soon as they reached puberty,
regardless of age, to prevent the ``indecency'' associated with
premarital sex or for other cultural and religious reasons. Human
rights groups reported sexual assaults and rapes of young girls,
especially in the north. On January 3, Kano State Deputy Police Chief
Suleiman Abba reported an upsurge of child rape, noting that the 54
recorded cases during the final six months of 2007 accounted for two
thirds more than the number recorded for the first six months.
Many children were homeless and lived on the streets. There were no
known statistics on their numbers. Major factors that caused children
to turn to the streets included instability in the home, poverty,
hunger, abuse and violence by parents, and displacement caused by
clashes in the community. HIV/AIDS also greatly increased the numbers
of orphaned street children.
In the north, an estimated two million children were ``almajirai,''
or children whose parents sent them from their rural homes to urban
areas with the expectation that they would study and live with Islamic
teachers. Instead of receiving an education, however, many almajirai
became child beggars who were forced to work manual jobs or beg for
money that was then turned over to their teacher. The religious leaders
often did not provide the almajirai with sufficient shelter or food,
and many of these children were effectively homeless. During the year
the Government distributed 90 million naira (approximately $770,000) to
15 states for the induction of Koranic education into the mainstream
educational system. Officials at the Universal Basic Education agency
reported that each participating state received six million naira
($51,300) for the project which was targeted at the rehabilitation,
integration, and education of the almajirai.
Trafficking in Persons.--Although the law prohibits trafficking in
persons, persons were trafficked to, from, and within the country.
The country was a source, transit, and destination country for
trafficked persons during the year. No government or NGO estimates on
the extent of trafficking were available, but the magnitude of the
problem was believed to be significant. This was based on several
factors, including the number of deportees returned to the country and
reports of Nigerians stranded along trafficking routes, particularly in
North African countries. The largest segment of trafficking victims
rescued by the National Agency for Prohibition of Trafficking in
Persons (NAPTIP) came from Akwa Ibom and Edo states. In 2006 the
executive director of the Women's Consortium for Nigeria stated that
the country, and Ogun State in particular, was a strategic location for
traffickers engaged in trafficking to, from, and within the country. In
2005 the International Labor Organization (ILO) estimated that 40
percent of child street peddlers were trafficking victims.
Nigerians were trafficked to Europe, the Middle East, and other
countries in Africa for the purposes of forced labor, domestic
servitude, and sexual exploitation. Girls and women were trafficked for
forced prostitution and domestic labor to Italy, Austria, Spain,
Norway, Belgium, the Netherlands, Greece, the United Kingdom, Russia,
and countries in West and Central Africa. UNICEF estimated between
50,000 and 70,000 African female trafficking victims were in Italy for
prostitution, of whom 70 percent were from Nigeria. Children were
trafficked for involuntary domestic and agricultural labor and street
peddling within the country and to countries in West and Central
Africa. Both women and children were trafficked to Saudi Arabia for the
purposes of prostitution, sexual exploitation, and labor. There also
were reports that trafficked children were used as camel jockeys in the
Middle East. The country was a destination country for children
trafficked for forced labor from other West African countries,
primarily Benin. UNICEF estimated 5,000 Beninese children were
trafficked into Abeokuta, Ogun State, and forced to work in the granite
mines.
Women and children were most at risk of being trafficked. Boys were
trafficked primarily to work as forced bondage laborers, street
peddlers, and beggars, while girls were trafficked for domestic
service, street peddling, and commercial sexual exploitation.
Trafficking in children, and to a lesser extent in women, occurred
within the country's borders. Children in rural areas were trafficked
to urban centers to work as domestics, street peddlers, and beggars.
The UN Office of Drugs and Crime reported that individual criminals
and organized criminal groups conducted trafficking, often involving
relatives or other persons already known to the victims. Traffickers
employed various methods during the year. Many were organized into
specialties, such as document and passport forgery, recruitment, and
transportation. To recruit young women, traffickers often made false
promises of legitimate work outside the country. Traffickers also
deceived child victims and their parents with promises of education,
training, and pay. Once away from their families, children were
subjected to harsh treatment and intimidation. Traffickers subjected
victims to debt bondage, particularly victims forced into prostitution.
In some cases, traffickers employed practitioners of traditional magic
to threaten victims with curses to procure their silence. Victims were
transported by air, land, and sea. Established land routes to Europe
transited Benin, Togo, Ghana, Cote d'Ivoire, Guinea, Mali, Niger,
Libya, and Morocco.
Child trafficking increased in the southeast states of Abia,
Ebonyi, and Enugu, specifically the selling of babies through illegal
and unregistered hospitals and maternity homes. Many young girls, upon
discovering they were pregnant, decided to enter these hospitals in
order to make money from selling the baby. NAPTIP officials reported
that the girls received 20-30,000 naira (approximately $170-$255) for
selling the baby; the baby was then resold for 300-400,000 naira
($2550-$3400) in illegal and undocumented transactions. Reportedly
babies were sometimes sold to legitimate couples who wanted a child,
but also many babies were sold for use in rituals during which they
were killed.
The law prohibits human trafficking and provides for penalties
including monetary fines, imprisonment, deportation, forfeiture of
assets and passport, and liability for compensation to victims in civil
proceedings. Prison terms range from 12 months to life, while fines
range from 50,000-200,000 naira (approximately $375 to $1,500).
NAPTIP, a 585-employee agency nationwide with 109 investigators and
27 prosecutors dedicated to trafficking, bears primary responsibility
for combating trafficking. The NPF and the Nigerian Immigration Service
(NIS) also had antitrafficking units.
On August 20, the federal government passed the National Plan of
Action (NPA) on Trafficking In Persons that was presented initially to
former President Obasanjo in 2006. The NPA is a broad framework of
action that covers research, prevention, prosecution, and protection
and requires coordination between government, law enforcement agencies,
the legislature, NGOs. Despite the passage of the NPA, implementation
had not begun by year's end as the Government continued to devote
inadequate resources to curb trafficking. Enforcement efforts continued
to improve, the number of trafficking cases investigated and prosecuted
during the year increased, and recordkeeping improved as NAPTIP, NPF,
and NIS roles were more clearly defined through a series of NAPTIP-
sponsored meetings, conferences, training sessions, and networking
events. On September 4, NAPTIP, in association with the American Bar
Association-Rule of Law Initiative, commissioned the Trafficking in
Persons database, Very Small Aperture Terminal (VSAT) and solar power
project. The database connected all NAPTIP zonal offices via VSAT with
a solar-powered server, providing 24 hour access and operational
capacity, despite frequent power outages. The database was established
to allow law enforcement and civil society across the country to
collect and collate data in an effective and efficient manner to better
track both criminals and victims, enhancing both prosecution and
protection.
Preliminary data indicated that during the year NAPTIP investigated
149 new cases, prosecuted 37 new cases, and obtained 20 convictions. At
year's end there were 66 cases pending. Observers attributed the low
conviction rate to witnesses' reluctance to testify and the slow
progress of cases through the courts.
The NPF Antitrafficking Task Force was established in 2005 and
staffed 22 units in states with the worst trafficking problems.
Officials complained of insufficient funding to support investigative
field work.
The Government increased collaboration on investigations with law
enforcement agencies in the Netherlands, France, Spain, Italy, and
Benin. Officials attended international workshops on trafficking, and
the Government collaborated with Benin to arrest traffickers and
repatriate trafficking victims. In August 2007 UNICEF and NAPTIP held a
border coordination forum along the Nigeria-Benin border to discuss
crossborder trafficking issues. During the year officials from NAPTIP
conducted digital video conferences with Ghanaian officials and civil
society members to instruct them on how Ghana's newly formed
antitrafficking task force could best combat trafficking and create an
agency similar to NAPTIP.
On September 10, NAPTIP announced the arrest of 60 Nigerians in
eight European countries for human trafficking. In coordination with
international agencies, NAPTIP had co-organized Operation Koovis, which
was carried out in Belgium, France, Spain, Italy, Ireland, Germany, the
Netherlands, and Britain, where the offenders faced prosecution.
Reports continued from informants and foreign officials that law
enforcement officers and individuals in the immigration and airport
authorities collaborated in trafficking persons across the country's
borders. NAPTIP provided training to police and customs officials on
trafficking. The law provides punitive measures for officials who aid
or abet trafficking; however, NAPTIP and NPF found no evidence of
official complicity, and no officials were prosecuted, tried, or
convicted of trafficking-related charges. In 2006 one police inspector
was arrested in Abuja for releasing two trafficking suspects after
receiving specific orders to hold them, but he was later released due
to lack of evidence.
On November 12, the Government passed the National Policy on
Protection and Assistance to Trafficked Persons in Nigeria which
focused on the protection and rehabilitation of victims; but continued
to provide limited funding for assistance. NAPTIP served as the point
of contact for immigration and police officials when victims were
found; 867 victims passed through the agency during the year. NAPTIP
provided overnight shelter to victims, and agency officials connected
victims to nongovernmental or international organizations for shelter,
counseling, and reintegration assistance. NAPTIP maintained a hot line
for victims and anyone seeking or wanting to provide information
regarding trafficking. The hot line received approximately 77 calls
during the year. During the year the Government helped victims in some
cases to repatriate to their home countries and reunited trafficked
children with their families.
The Ministry of Employment, Labor, and Productivity, in
collaboration with the ILO, NAPTIP, the police, and other federal
agencies, provided food, transportation, and other logistical
assistance to reunite internally and externally trafficked children
with their families. In 2006 the ministry used funding from the ILO
International Program on the Elimination of Child Labor (IPEC) to
repatriate 350 trafficked child laborers to their countries of origin;
however, this funding was not available for subsequent years, and the
ministry did not repatriate any child trafficking victims during the
year. The Government continued to operate the 120-bed shelter in Lagos,
with involvement by the International Organization for Migration and
the American Bar Association. NAPTIP also operated shelter facilities
at secure locations in Abuja, Benin City, Uyo, Enugu, Sokoto, and Kano.
The Ministry of Women Affairs operated two shelters, one in Kano and
another in Benin City.
The Government provided some funding for protection activities. For
victims serving as witnesses, divisional police officers were appointed
to serve as witness protection officers. NAPTIP officials and the
police officers worked together to provide assistance. NAPTIP organized
``town hall'' meetings with NGOs to bring together community and
traditional leaders, teachers, school children, and other groups to
raise awareness of the dangers of trafficking, legal protections, and
available resources. Several state governments in the south continued
efforts to protect victims. An Edo State NGO, Idia Renaissance,
operated a youth resource center, funded by UNICEF and foreign
organizations, which provided job-skills training and counseling to
trafficking victims and other youths. The Society for the Empowerment
of Young Persons, with support from the American Bar Association,
provided vocational training and business mentoring support to
trafficking victims in Edo State.
The stakeholder forum, established by NAPTIP in 2003 to conduct
training of security and immigration officials and hold meetings with
local government leaders to raise awareness of trafficking issues, was
supposed to meet monthly in each state and quarterly in Abuja; however,
involvement at the state level waned over the year. Two national forums
were held in Abuja during the year, both with large attendance by law
enforcement officials, ministerial and government representatives, NGO
groups and diplomatic missions. NAPTIP officials met with several major
traditional leaders to raise their awareness regarding trafficking and
the antitrafficking law. NAPTIP also worked with the media to raise
awareness among the public, and officials appeared on national talk
shows and state programs. On August 5-6, NAPTIP conducted the First
Anti-Human Trafficking Awareness Week in Abuja to celebrate the fifth
anniversary of the agency and to launch the Red Card to Human
Trafficking. The Red Card is an informational card for distribution
that includes facts about trafficking and phone numbers for NAPTIP's
zonal hotlines. Events consisted of press conferences, a charity walk,
a two-day sensitization workshop, a benefit dinner, an awards dinner,
and the launch of the Victims Trust Fund. The Government continued
implementing the ILO/IPEC West Africa Cocoa Agriculture Project to
prevent the trafficking or employment of children in commercial
agriculture, especially cocoa production.
State-level antitrafficking committees consisting of immigration
officials, civil society organizations, law enforcement agents, and
federal ministries existed in 26 states; but not all were active. These
groups were charged with coordinating action in trafficking cases among
their respective organizations. Several state governments continued
significant prevention efforts during the year, including awareness
campaigns among at-risk populations. NAPTIP's Public Enlightenment Unit
conducted several awareness events throughout the country.
Persons With Disabilities.--There are no laws that prohibit
discrimination against persons with physical and mental disabilities in
employment, education, access to health care, or the provision of other
state services. There are no laws requiring physical accessibility for
person with disabilities.
Persons with disabilities faced social stigma, exploitation, and
discrimination, and were often regarded by their own families as a
source of shame. Children with disabilities who could not contribute to
family income were seen as a liability, and in some cases were severely
neglected. Many indigent persons with disabilities begged on the
streets.
The Government ran vocational training centers in Abuja and Lagos
to train indigent persons with disabilities. Individual states also
provided facilities to assist blind and otherwise physically
incapacitated individuals to become self-supporting. Persons with
disabilities established a growing number of self-help NGOs such as the
Hope for the Blind Foundation in Zaria, the Kano Polio Victims Trust
Association, the Joint National Association of Persons with
Disabilities, and Comprehensive Empowerment of Nigerians with
Disabilities.
National/Racial/Ethnic Minorities.--The country's population was
ethnically diverse and consisted of more than 250 groups, many of which
were concentrated geographically and spoke distinct primary languages.
There was no majority ethnic group; however the three major groups-
Hausa, Igbo, and Yoruba- jointly constituted approximately half the
population. Ethnic discrimination was practiced widely by members of
all ethnic groups and was evident in private-sector hiring patterns, de
facto ethnic segregation of urban neighborhoods, and a low rate of
intermarriage across major ethnic and regional lines. There was a long
history of tension among some ethnic groups.
Many groups complained of insufficient representation in
government.
The law prohibits ethnic discrimination by the Government, but
claims of marginalization continued, particularly by members of
southern groups and Igbos. In particular the ethnic groups of the Niger
Delta continued their calls for high-level representation on petroleum
agencies and committees and within the security forces. The
constitution requires that the Government have a ``national
character,'' meaning that cabinet and other high-level positions are
distributed to persons representing each of the 36 states. Traditional
relationships continued to be used to impose pressure on individual
government officials to favor their own ethnic groups for important
positions and other patronage.
In 2006 HRW published a report on discrimination against
nonindigenes. While all citizens have the right to live in any part of
the country, state and local governments frequently discriminated
against those whose ethnic group was not judged to be indigenous to the
area, occasionally compelling individuals to return to a part of the
country where their ethnic group originated but to which they had no
personal ties. The Government sometimes compelled nonindigenes to move
by use of bulldozers, threats with clubs and torches, and
discrimination in hiring and employment. When they were allowed to
stay, these persons experienced discrimination including denial of
scholarships and exclusion from employment in the civil service,
police, and the military.
In Plateau State, the Hausa and Fulani, most of whom were Muslim
and considered nonindigenes, claimed to face significant discrimination
from the local government in scholarships and government
representation.
Ethnic groups claimed environmental degradation and government
indifference to their status in the oil-producing Niger Delta region.
Groups continued to express unhappiness regarding the economic
exploitation and the environmental destruction of their homelands, and
incidents of ethnic conflict and confrontation with government
officials and forces continued in the Delta area.
Religious differences often mirrored regional and ethnic
differences and resulted in numerous deaths and the displacement of
thousands of persons during the year.
Interethnic fighting in Warri, Delta State, continued to wane
following a 2004 ceasefire.
Interethnic fighting elsewhere displaced thousands of persons. For
example, on October 2, Ebonyi State Governor Martin Elechi announced
the immediate relocation of the Ezza-Ezillo community to Egu-Echara, a
nearby village, for no less than 90 days. The governor also declared a
dusk to dawn curfew and asked for military assistance to restore
normalcy after months of continued violence. The tensions began on May
10, when approximately 200 homes were razed due to a clash over control
of the local market land. On November 27, ethno-religious fighting in
Jos resulted in the killings of hundreds of persons and the
displacement of thousands to makeshift camps, in which access to food,
water, and other necessities was sporadic. Most of the displaced
persons had vacated the camps and returned to their homes by year's
end.
Conflict over land rights continued among members of the Tiv,
Kwalla, Jukun, and Azara ethnic groups living near the convergence of
Nassarawa, Benue, and Taraba states.
Other Societal Abuses and Discrimination.--Homosexuality is illegal
under federal law; homosexual practices are punishable by prison
sentences of up to 14 years. In the 12 northern states that have
adopted Shari'a law, adults convicted of engaging in homosexual
intercourse are subject to execution by stoning, although no such
sentences were imposed during the year. Because of widespread taboos
against homosexuality, very few persons were openly homosexual.
On September 12, local newspapers Nation, Vanguard, PM News and the
Sunday Sun published photos, names, and addresses of members of the
House of Rainbow Metropolitan Community Church, a lesbian, gay,
bisexual, and transgendered-friendly church in Lagos. Following
publication, persons started harassing the 12 members. One woman was
attacked by 11 men, while others were threatened, stoned, and beaten.
No investigation was initiated by year's end.
There were repeated delays in the trial of 18 men arrested in
August 2007 by Bauchi State police and charged with ``addressing each
other as women and dressing themselves as women,'' which is illegal
under the Shari'a penal code. The men, all in their twenties, also were
charged originally with sodomy, but the charges were later changed to
``vagrancy'' under the Bauchi State Islamic code. All 18 accused
remained free on bail at year's end, but no developments occurred in
their trial.
There was widespread discrimination against persons living with
HIV/AIDS, which the public considered a disease resulting from immoral
behavior. Persons living with HIV/AIDS often lost their jobs or were
denied health care services. Public education campaigns were
implemented to reduce stigma and change perceptions of the disease.
In September the Bauchi State Agency for the Control of HIV/AIDS,
Tuberculosis, Leprosy, and Malaria announced an initiative to pair up
HIV-positive couples for marriage in an attempt to reduce the spread of
the disease. The couples were introduced during counseling sessions and
had the right to say yes or no to a partner suggestion. By year's end
more than 70 HIV positive couples were matched and married. UNAIDS
voiced concern over the plan due to the increased risk of passing the
virus on to any children born and the possibility of leaving the
children orphaned.
Section 6. Worker Rights
a. The Right of Association.--The law provides all citizens with
the right to form or belong to any trade union or other association for
the protection of their interests, and while workers exercised this
right in practice, some statutory limitations on the right of
association and on trade unions restricted this right. Some of these
restrictions were put in place to curb the practice of forming
thousands of small unions with as few as three or four employees each.
Workers, except members of the armed forces and employees
designated as essential by the Government, may join trade unions.
Essential workers included government employees in the police, customs,
immigration, prisons, the federal mint, and the Central Bank. The
Government's application of the ``essential worker'' designation was
broad compared to the ILO definition. Employees working in a designated
Export Processing Zone (EPZ) may not join a union until 10 years after
the establishment of the enterprise.
According to figures provided by the Michael Imoudu National
Institute for Labor Studies, eight million workers belonged to unions.
Approximately 60 percent of formal sector workers belonged to a union.
With the exception of a small number of workers engaged in commercial
food processing, the agricultural sector, which employed most workers,
was not organized. The agriculture sector is considered both formal and
informal. Farmers that produced at subsistence level are mostly
considered informal; while commercial farmers, particularly plantation
owners, government extension workers, and mechanized farmers, are
mostly considered formal, since they pay wages. There is no law that
forbids the informal sector from organizing, but it is a difficult
group to define into recognized sectors, and as a result not easy to
organize. Most workers in the informal sector operate through thrift
and cooperative societies, which help with daily savings and loans to
meet business needs.
Trade union federations, now called ``central labor
organizations,'' must be registered formally by the Government. Each
federation must consist of 12 or more trade unions, and trade union
membership in a federation must be exclusive. A minimum of 50 workers
per enterprise is required to form a trade union.
The law allows unions to conduct their activities without
interference; however, the law also narrowly defines what union
activity is legal.
The law limits the right to strike to matters pertaining to breach
of contract or wages and conditions of work, thereby prohibiting
strikes over matters of national economic policy; however, the ILO
ruled that this policy is contrary to ILO conventions. The Government
chose not to enforce this provision of the law during the June 2007
strike over fuel prices and other national policy issues.
Workers outside the legally defined category of ``essential'' had
the right to strike, although they were required to provide advance
notice. A worker under a collective bargaining agreement cannot
participate in a strike unless his union complied with the requirements
of the law, which included provisions for mandatory mediation and for
referral of the dispute to the Government. Workers can bring labor
grievances to the judicial system for review; however, the courts did
not ensure due process in the protection of workers' rights. Workers
are specifically prohibited from forcing persons to join a strike or
from closing airports or obstructing public by-ways. Stiff fines and/or
prison sentences are imposed under the law. Despite this restriction,
workers successfully closed airports during the June 2007 national
strike without punitive reaction from the Government.
There are no laws prohibiting retribution against strikers and
strike leaders, but strikers who believed they were victims of unfair
retribution could submit their cases to the Industrial Arbitration
Panel (IAP), with the approval of the Labor Ministry. The IAP's
decisions were binding on parties but could be appealed to the National
Industrial Court. In practice the decisions of these bodies
infrequently carried the force of law. Union representatives described
the arbitration process as cumbersome, time-consuming, and an
ineffective deterrent to retribution against strikers.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to both organize and bargain collectively
between management and trade unions, and collective bargaining occurred
throughout the public sector and the organized private sector. However,
collective bargaining in the private sector was restricted.
The Ministry of Labor is responsible for monitoring monitor and
addressing reported cases of antiunion discrimination, but in most
cases workers' fears of negative repercussions prohibited them from
reporting antiunion activities.
There were reported cases of Chinese employers failing to comply
with labor laws pertaining to the protection of union organizing,
especially in the construction sector.
Workers and employers in EPZs were subject to sections of the
national labor laws pertaining to EPZs, which provided for a 10-year
prohibition on trade unions, strikes, or lockouts following the
commencement of operations within a zone. In addition the law allows
the Nigerian Export Processing Zones Authority, which was created by
the federal government to oversee management and operations of EPZs, to
handle the resolution of disputes between employers and employees,
instead of workers' organizations or unions.
c. Prohibition of Forced or Compulsory Labor.--Although the law
prohibits forced or compulsory labor, including by children, there were
reports that it occurred. Enforcement of the law was not effective in
many parts of the country. During the year the Government undertook
training and sensitization programs in several regions to improve
enforcement.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Nigeria Labour Act sets a general minimum age for employment of 12
years. Young persons under age 14 may only be employed on a daily
basis, and must receive the day's wages at the end of each work day,
and be able to return each night to their parents' or guardian's
residence, but these regulations do not apply to domestic service. The
Act also provides exceptions for light work in agriculture and
horticulture for work in which the employer is a family member.
For industries and work on vessels, where a family member is not
employed, the minimum work age is 15 years, which is consistent with
the age for completing educational requirements; however, child labor
remained a problem. The law states that children may not be employed in
agricultural or domestic work for more than eight hours per day.
Apprenticeship of youths at the age of 13 is allowed under specific
conditions.
High numbers of children worked as beggars, street peddlers, bus
conductors, and domestic servants in urban areas. Children also worked
in the agricultural sector and in mines. Boys were forced to work as
bondage laborers on farms, in restaurants, small businesses and granite
mines, street peddlers, and beggars; while girls were forced to work as
domestic servants, street peddlers, and were exploited for commercial
sex purposes. The 2005 UNICEF State of the World's Children report
estimates that 39 percent of children aged five to 14 were involved in
child labor (not necessarily exploitative) in the country. Similarly, a
2003 study conducted by the Nigerian National Bureau of Statistics in
conjunction with the International Labor Organization (ILO) estimated
as many as 15 million children were working in Nigeria, with as many as
40 percent of them at risk of being trafficked for forced labor. The
same study estimated as many as two million children work more than 15
hours a day.
In addition to Nigerian children, there were reports of thousands
of trafficked Beninese children forced to work in granite mines in
Abeokuta, Ogun State. In Abakaliki, Ebonyi State, children could be
seen from the road hammering down large pieces of rocks, bundling them
into bunches, and carrying them on their heads; but there were no
official statistics on their country of origin.
The Ministry of Employment, Labor, and Productivity dealt
specifically with child labor problems and had an inspections
department responsible for enforcement of legal provisions relating to
conditions of work and protection of workers. Although the inspectorate
employed nearly 400 inspectors for all business sectors, there were
fewer than 50 factory inspectors for the entire country. Complaints
rarely were made by victims or their guardians due to intimidation and
fear of losing their jobs. Labor inspections were mostly random, but
occasionally occurred when there is suspicion, rather than actual
complaints of, illegal activity. The ministry conducted inspections
mostly in the formal business sector, where the incidence of child
labor was not reported to be a significant problem. NAPTIP bears some
responsibility for enforcing child labor laws, although it primarily
rehabilitates trafficking and child labor victims.
The Government's child labor policy focused on intervention,
advocacy, sensitization, legislation, the withdrawal of children from
potentially harmful labor situations, and rehabilitation and education
for children following their withdrawal. The Ministry of Employment,
Labor, and Productivity was responsible for enforcement of the law.
During 2007 the ministry conducted 110 child labor inspections, 410
regular labor inspections, and four comprehensive inspections. In 2006
the ministry also trained approximately 120 labor inspection officers
on child labor laws; trained 80 officers to perform inspections in
high-risk activities in agriculture, mining, and the informal sector;
and trained 20 officers to perform rapid assessment surveys in these
critical sectors. As of year's end the exact amount of funding for
continued training programs could not be confirmed; however, the
ministry reported that 10 training and awareness raising programs and
additional child labor staff were funded by the Government during the
year.
Public awareness of child labor increased, and the Government
demonstrated its commitment to addressing the problem throughout the
year. The federal government passed the Child Rights Act in 2003; but
it required state level ratification for full implementation. Four
states passed the law during the year: Akwa Ibom, Benue, Osun, and Edo;
bringing the total to 20 states plus the FCT. The following states
previously ratified the Child Rights Act: Abia, Anambra, Bayelsa,
Delta, Ebonyi, Ekiti, Imo, Jigawa, Kwara, Lagos, Nasarawa, Ogun, Ondo,
Oyo, Plateau, and Taraba. UNICEF continued work with stakeholders to
ensure enforcement of the law in these states and advocate for passage
in the others.
In an effort to keep them from and withdraw children from the worst
forms of child labor, the Ministry of Labor established and upgraded
skills acquisition and vocational training centers.
Private and government initiatives to stem the incidence of child
employment continued but were ineffective. The Government continued to
gradually implement the ILO/IPEC Sustainable Tree Crop Program (STCP)
in the cocoa and other agricultural subsectors, a component of which
was to sensitize farmers on hazardous child labor and child trafficking
for labor exploitation issues. Akwa Ibom, Ondo, Cross River, and Abia
states participated in the STCP during the year.
e. Acceptable Conditions of Work.--The law sets a minimum wage,
which was reviewed infrequently by a tripartite committee which
provides recommendations to the National Assembly. The national minimum
wage did not provide a decent standard of living for a worker and
family. The Government directed each state administration to establish
its own salary structure based on its ability to pay, with a floor of
at least the national minimum wage. Some federal ministries, states,
and private sector companies raised their monthly minimum wage for all
employees to 9,000 naira (approximately $71.42). However, there were
complaints that the minimum wage was not being implemented in some
states. Following the June national labor strike, the monthly minimum
wage increased 15 percent to 8,625 naira ($68.45) with a 13-month year
as the law mandates and extra month's pay for the Christmas holiday. On
June 28, the National Union of Teachers began a nationwide strike which
lasted almost two months, closing schools and sending pupils home. The
union called for a standardized national wage structure and an increase
in salaries to a living wage. The Government, through the Ministry of
Labor and the Ministry of Education, refused to negotiate with the
union, since teachers' wages are set at the state level. The Ministry
of Employment, Labor, and Productivity is responsible for monitoring
compliance with the minimum wage, which was strictly enforced for
companies with more than 50 employees. When a company with fewer than
50 employees was found to pay less than the minimum wage, the ministry
reviewed the company's records to determine whether it was capable of
paying the minimum wage and then issued a ruling.
The law mandates a 40-hour workweek, two to four weeks' annual
leave, and overtime and holiday pay, except for agricultural and
domestic workers. The law prohibits excessive compulsory overtime for
civilian government employees. Labor leaders reported that the law can
be interpreted as prohibiting some forms of excessive, compulsory
overtime; however, workplace health and safety conditions were not
properly monitored, and enforcement was irregular due to insufficient
police and factory inspectors. The law also establishes general health
and safety provisions, some of which were aimed specifically at young
or female workers. It requires that the inspectorate division of the
Ministry of Employment, Labor, and Productivity inspect factories for
compliance with health and safety standards. However, this agency was
greatly underfunded, lacked basic resources and training, and
consequently did not sufficiently enforce safety oversight at most
enterprises, particularly construction sites and other nonfactory work
locations. The law requires employers to compensate injured workers and
dependent survivors of those killed in industrial accidents; however,
the law was not strictly enforced. The Factories Law provides for the
protection of employees in hazardous situations, including the right to
remove themselves from such situations; however, the law did not
provide similar provisions for other workers.
The labor laws apply to legal foreign workers, but not all
companies respected these laws in practice.
__________
RWANDA
Rwanda is a constitutional republic dominated by a strong
presidency. The population was approximately nine million. In 2003
President Paul Kagame was elected to a seven-year term in largely
peaceful but seriously marred elections. Chamber of Deputies elections
took place on September 15 and were peaceful and orderly, despite
irregularities. The Rwanda Patriotic Front (RPF) dominated the
legislature, and the September elections further cemented its position.
Civilian authorities did not always maintain effective control of the
security forces, and security forces acted independently.
Significant human rights abuses occurred, although there were
improvements in some areas. Citizens' right to change their government
was restricted, and local defense forces (LDF) personnel were
responsible for four killings during the year. Violence against
genocide survivors and witnesses by unknown assailants claimed at least
16 lives. There were reports of torture and abuse of suspects, although
significantly fewer than in previous years. Prison and detention center
conditions remained harsh. Security forces arbitrarily arrested and
detained persons. Prolonged pretrial detention was a problem, and
government officials attempted to influence judicial outcomes, mostly
regarding the community-based justice system known as gacaca. There
continued to be limits on freedom of speech and of association, and
restrictions on the press increased. The Government limited religious
freedom, and official corruption was a problem. Restrictions on civil
society, societal violence and discrimination against women,
recruitment of child soldiers by representatives of a Democratic
Republic of the Congo (DRC)-based armed group, trafficking in persons,
child labor, and restrictions on labor rights occurred.
On December 12, the UN Group of Experts on the Democratic Republic
of Congo Report Pursuant to UNSCR Resolution 1807 reported that Rwandan
authorities have supplied military equipment and been complicit in
recruiting soldiers, including children, to support the Congolese rebel
National Congress in Defense of the People, led by a former general of
the Congolese Armed Forces, Laurent Nkunda. Also in December the
Rwandan and Congolese governments met to develop a joint strategy to
eliminate the Democratic Forces for the Liberation of Rwanda.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reported political killings by the Government or its agents; however,
the LDF allegedly committed four unlawful killings during the year. The
Government generally investigated security force killings and
prosecuted perpetrators; however, no action was taken against police
officers responsible for the 2007 shooting deaths of 22 criminal
suspects.
LDF personnel shot and killed local residents. For example, in
July, in Kigali's Nyagatare sector, an LDF member shot and killed a
university student fleeing an altercation. The LDF member was detained,
but there were no details on the status of the investigation at year's
end. Following the death of the student and three other killings by the
LDF in a six-month period in the same district, police disarmed all LDF
members in the district.
Unidentified individuals reportedly killed several witnesses to the
1994 genocide throughout the country to prevent testimony and undermine
the gacaca process, which the Government established to address certain
categories of crimes related to the genocide (See Section 1.e.).
The Government investigated and prosecuted individuals accused of
threatening, harming, or killing genocide survivors and witnesses or of
exhibiting ``genocide ideology.'' A special protection bureau in the
Prosecutor General's Office investigated 794 cases, 269 of which were
filed in court.
There were no further investigations of police for the shooting
deaths of 22 criminal suspects between January and May 2007, despite a
2007 Human Rights Watch (HRW) report asserting that many of the
killings appeared to be extrajudicial executions and recommending an
independent investigation and prosecution of perpetrators. The National
Police claimed they had insufficient resources to increase training for
officers, upgrade detention facilities, and acquire restraint devices,
as recommended by a 2007 police report.
There were no further developments after the 2007 police arrests of
seven additional suspects in the reprisal killings of eight persons
following the November 2006 killing of genocide survivor Frederic
Murasira.
In June four members of the Rwanda Defense Forces (RDF) were
arrested for complicity in the 1994 murders of 15 civilians, 13 of whom
were clergymen, in Kabgayi district in the Southern Province. Two of
the officers pled guilty to the charges, and two denied guilt. In
October the two officers who pled guilty were sentenced to eight years
in prison for their role; the other two were acquitted.
b. Disappearance.--There were no reports of politically motivated
disappearances within the country.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit torture, and instances
of torture and abuse of detainees and prisoners by police or prison
officials were rare and not tolerated by officials, according to
international observers and local human rights groups. A local
nongovernmental organization (NGO) that assists torture victims
confirmed that incidents and severity of abuse by authorities continued
to decline. Authorities dismissed or disciplined some police officers
for use of excessive force and other abuses during the year and
transferred criminal cases for prosecution; however, impunity was a
problem.
There were reports that police beat and detained members of the
Jehovah's Witnesses who refused to participate in nighttime security
patrols.
Isolated reports of torture and abuse by the LDF continued;
however, unlike in the previous year, there were no reports of the
collective punishment of residents by local authorities. In a July 2007
report, HRW noted several cases in which local authorities collectively
punished residents through fines, involuntary labor, or beatings,
generally in cases where violence or threats had been reported against
genocide survivors or witnesses.
No action was taken against LDF members who in 2006 allegedly
tortured a 17-year-old boy accused of theft in Muhanga District.
There were reports that unknown assailants on occasion harassed and
threatened journalists and citizens.
Unlike in the previous year, there were no reports of injuries
resulting from mob violence.
Prison and Detention Center Conditions.--Conditions in prisons and
detention centers were harsh. Individuals convicted of genocide-related
offenses since gacaca hearings began nationwide in July 2006 comprised
the majority of the approximately 59,000 prisoners in the country's 14
prisons. Police in a few police detention facilities sometimes beat
newly arrested suspects to obtain confessions, and in July a senate
committee called for the closure of the Gikondo transit center, where
street children, vagrants, and street sellers were held in substandard
conditions (See Section 1.d.). The Government remained committed to
improving prison and detention center conditions, and reports of abuse
of prisoners and detainees continued to decline.
The Government continued to improve prison healthcare but was
unable to provide adequate medical treatment. The Government increased
its food budget when in July it discontinued food contributions from
family members of prisoners and instituted a prepaid canteen system
that families could access. At year's end human rights groups
monitoring the Government's ability to provide adequate nutrition to
prisoners-especially those previously receiving family farm
contributions-found no signs of malnutrition or other nutritional
problems. Pregnant and breastfeeding prisoners, as well as female
prisoners with small children, continued to receive food supplements
from family members. The Government provided no food to prisoners in
smaller jails or detainees in police stations awaiting hearings or
transfers. Police regularly told crime victims that if they did not
provide food to the accused, the accused would be released. Some
prisoners transferred from police jails to national prisons had not
been fed for several days.
The International Committee of the Red Cross (ICRC) provided
additional expertise and medical, logistical, and material support to
improve conditions for inmates, including hygiene supplies, education
programs, health monitoring, and construction programs to improve
prison infrastructure.
There were a number of deaths in prison during the year, largely
the result of preventable diseases and suspected cases of HIV/AIDS. The
Government operated HIV/AIDS counseling and treatment programs in five
of the country's prisons, and prison deaths from preventable disease
and other causes had stabilized at rates approximately similar to those
found in the general population.
National prison policy prohibits the hiring of prisoners to perform
work at private residences and businesses. However, community service
was often part of a prison sentence for those who confessed to
genocide-related crimes, and prisoners may work (uncompensated) on
community projects such as building roads and bridges. Prisoners
charged with criminal offenses unrelated to the genocide were not
eligible to volunteer for work details. Prisoners often volunteered for
such details, which provided time away from overcrowded prisons and in
some cases extra privileges.
In some cases adult prisoners had access to the juvenile wards.
There were reports of abuse of minors, both by other minors and by the
adult prison population, especially among males.
Pretrial detainees generally were separated from convicted
prisoners; however, there were numerous exceptions as a result of the
large number of genocide detainees awaiting trial. The remaining high-
profile political prisoner was kept in a special section of the Kigali
``1930'' prison.
The ICRC reported unimpeded access on an unannounced basis to the
country's 14 prisons during the year. Local human rights NGO Rwandan
League for the Promotion and Defense of Human Rights (LIPRODHOR)
reported similar ease of access to all prisons and was granted
accreditation for an entire year, in contrast to previous years in
which they had to reapply every three months. The Government also
permitted independent monitoring of prison conditions by diplomats and
journalists. The ICRC continued its visits to communal jails and
military-supervised jails.
d. Arbitrary Arrest or Detention.--The constitution and law provide
legal safeguards against arbitrary arrest and detention; however,
security forces arrested and detained persons arbitrarily and without
due process. Some police officers were disciplined and dismissed for
such activities.
Role of Police and Security Apparatus.--The RDF maintains external
security. The Rwanda National Police (RNP), under the Ministry of
Internal Security, has responsibility for internal security and is
headed by a commissioner general and two deputy commissioners, one for
operations and another for administration. Five assistant commissioners
oversee the various units, such as traffic, intelligence, criminal
investigations, protection, and the provincial areas. The police lacked
basic resources such as handcuffs, radios, and patrol cars. During the
year there were reports of arbitrary arrest, beatings, corruption, and
lack of discipline within the police force. The police Office of
Internal Affairs, which reports directly to the RNP commissioner
general, investigated many of them.
The Prosecutor General's Office under the Ministry of Justice is
responsible for prosecuting police abuse cases. A special Internal
Affairs Office conducted investigations. There were six internal
investigations referred to the courts by the Office of Internal Affairs
at year's end, and 60 officers received administrative punishment on
various counts of indiscipline, including the solicitation of bribes,
beating persons, and absconding from duty. During the year 44 police
officers were fired for misconduct. Acts which rose to the level of
criminal offenses were referred to the Prosecutor General's Office, and
several prosecutions were underway at year's end. The RNP advertised a
toll-free number in the local radio and press encouraging citizens to
report problems regarding police and the LDF.
During the year 305 officers received training on community
relations, which included proper use of force and human rights; female
officers participated in several RNP-sponsored workshops on
professionalism and service provision.
Members of local communities chose community volunteers to serve in
the LDF, a statutorily established law enforcement organization of
approximately 20,000 members under the Ministry of Local Government
that assisted police. The RNP exercised tactical control of the LDF,
while local officials had responsibility for operational oversight. LDF
members performed basic security guard duties throughout the country,
including maintaining a presence at gacaca proceedings. LDF members
were ordinarily unpaid and received less training than RNP officers.
They did not have powers of arrest, but in practice they made arrests
on orders from local administrative officers and on their own. Among
its various duties, the LDF chased illegal street vendors, petty
criminals, and prostitutes away from public areas. There were reports
that the LDF acted with impunity when dealing with street vendors,
street children, vagrants, undocumented residents, and some religious
groups. During the year the Government publicly warned the LDF against
involvement in criminal activity, prosecuted LDF members who committed
crimes, and disarmed LDF members after unauthorized use of firearms;
however, some human rights groups accused the Government of not taking
sufficiently strong action against some LDF members and considered the
organization abusive.
After LDF personnel shot and killed a student and three other
persons during the year, police disarmed LDF members in the district
(See Section 1.a.); in 2007 police removed weapons from LDF personnel
in Musenze and Gicumbi districts after similar killings. The RNP began
nationwide training and counseling to LDF members following such
infractions, using military training facilities.
Arrest and Detention.--The law requires that authorities
investigate and obtain a warrant before arresting a suspect. Police may
detain persons for up to 72 hours without a warrant, and prosecutors
must bring formal charges within 10 days of arrest. These provisions
were sometimes disregarded during the year. At times police used
extrajudicial punishment when minor criminals confessed and the victims
agreed to the police officer's recommended penalty, such as week-long
detention or restitution. The law permits investigative detention if
authorities believe that public safety is threatened or that the
accused might flee. There is bail for minor crimes (with a maximum
sentence of five years); authorities may otherwise release a suspect
pending trial if they are satisfied that there is no risk that the
person may flee or become a threat to public safety and order. Family
members generally were promptly allowed to visit detained relatives. By
law detainees are allowed access to lawyers, although are not allowed
formal representation in the gacaca process. In practice, however,
access to legal representation was impeded by the scarcity of lawyers
(there were only 305 attorneys in the country, and most were located in
Kigali). The Government did not provide indigent persons with free
access to lawyers, but a Legal Aid Forum composed of 36 organizations,
including domestic and international NGOs, the Bar Association, and
university law faculties, provided legal aid services to indigent and
vulnerable groups. Such resources were insufficient to provide lawyers
to every indigent person. One international NGO also provided limited
access to defense counsel outside the forum and assisted more than
1,200 clients during the year. The law requires the Government to
provide minors with legal representation, which judicial observers
cited as a factor in juvenile trial delays.
Security forces briefly detained several opposition campaign
workers prior to the September 15 Chamber of Deputies elections (See
Section 3).
Security forces also arbitrarily arrested members of Jehovah's
Witnesses during the year and attempted to arrest at least one
journalist (See Sections 2.a. and 2.c.).
The Government enforced ill-defined laws against vagrancy and
illegal street vending. On several occasions police and the LDF
detained street children, vendors, beggars, and undocumented
nonresidents in Kigali, Butare, and other larger towns and charged them
with illegal street vending or ``vagrancy.'' Adults who could produce
identification were released. Street children were transported directly
to their home districts, to government-run or government-affiliated
shelters, or for processing into vocational and educational programs.
In 2007 the Kigali municipal government reopened the Gikondo
transit center, which was closed in 2006 after an HRW report detailed
substandard conditions and abuses, including inadequate food and
beatings of the street children, vagrants, and street vendors
temporarily detained in the facility. Government officials asserted
that persons placed in the facility were held for no more than one to
three weeks at a time. However, relatives of those detained were
commonly denied access, and detainees sometimes waited several months
before release. In July a senate committee publicly investigated and
released a report on street children and called for the closure of the
transit center, citing detainees with children under a year old and
detentions of up to six months. The report added that Gikondo did not
provide necessary social services and violated the rights of detainees.
Lengthy pretrial detention, including the detention of persons
whose unresolved cases dated from 1994, was a serious problem and a
consequence of the large number of persons suspected of committing
genocide who continued to be held in prisons and detention centers.
(The law permits the continued detention of genocide suspects long
enough to allow them to face trial either in a conventional court or in
the gacaca system, which began operating nationwide in 2006.) Primarily
as a result of the March 2007 gacaca law that moved thousands of the
less severe genocide cases from the prisons to the gacaca courts, the
Government made significant progress in reducing the case backlog. The
continuing efforts of the National Service of Gacaca Jurisdictions to
expedite genocide-related cases also helped reduce the backlog. The
majority of convicted prisoners (those who had confessed their genocide
crimes) were sent home to their families, with actual prison time to be
served after the suspended and community service portions of their
sentences had expired. After reaching a high of 98,000 prisoners in
June 2007, the prison population leveled off and began to decline as
the Government began to examine the cases and release those prisoners
who had previously confessed to genocide crimes.
By the end of 2007, the prison population stood at approximately
59,000 and continued at that level throughout the year. As of October
the prison population consisted of 43,376 convicted prisoners
(including 34,141 genocide prisoners and 9,235 ordinary prisoners) and
15,935 criminal suspects (including 2,846 genocide suspects and 13,089
ordinary suspects).
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the judiciary operated in most cases
without government interference; however, there were constraints on
judicial independence. Government officials sometimes attempted to
influence individual cases, primarily in gacaca cases. There were
reports that some members of the executive branch considered it
appropriate to call judges to discuss ongoing cases privately and to
express executive preferences.
During the year the country passed a constitutional amendment that
reduces most judicial appointments from life to four or five years,
potentially limiting judicial independence.
In its July report entitled Law and Reality: Progress in Judicial
Reform in Rwanda, HRW cited continuing lack of judicial independence
and concerns about basic trial rights, including the presumption of
innocence, the right to present defense witnesses, the right to equal
access to justice, and the right to protection from double jeopardy.
Among its recommendations, HRW suggested that ``the legislature revise
the penal code to make intimidating or tampering with witnesses or
judicial personnel a crime'' and that ``the Government order government
officials to end interference in judicial proceedings.''
The three International Criminal Tribunal for Rwanda (ICTR) panels
considering case transfers to Rwanda and a British court evaluating an
extradition request by the Government of several genocide suspects
found adequate judicial independence in the country. The ICTR panels
nevertheless denied case transfer, citing fair trial concerns,
including inadequate witness protection and improper sentencing
guidelines.
In October the Military Court in Kigali acquitted two senior RPF
officers for the June 1994 killings of 15 civilians, including high
officials of the Catholic Church; the case had been referred by the
prosecutor for the ICTR. The two junior RPF officers who pled guilty to
the crimes were given reduced sentences of eight years on grounds that
the crimes were not premeditated. The prosecutor appealed the decision
to a higher court.
During the year the Ombudsman's Office conducted several dozen
investigations into judicial corruption and referred them to the
Prosecutor General's Office. Several judges and court registrars were
dismissed for abuse of office or corruption after investigations by the
judicial council, a body charged with oversight and discipline of the
judicial branch.
The constitution provides for the adoption of a system of ordinary
and specialized courts. Ordinary courts include the Supreme Court, the
High Court, provincial courts, and District Courts. Specialized courts
include gacaca courts and military courts. During the year the
Government established commercial courts to address a backlog of
commercial disputes.
By year's end there were 47,000 criminal and civil cases pending in
the regular courts; approximately 39,000 such cases were pending at the
end of 2007.
Trial Procedures.--In the conventional court system, the law
provides for public trials, although courts closed proceedings in cases
involving minors, to protect witnesses, or at the request of
defendants. The law provides for a presumption of innocence, although
the Government sometimes restricted this provision, according to HRW.
Juries are not used. Defendants have the right to be present, question
witnesses used against them, and to present witnesses and evidence on
their own behalf. Defendants have the right to consult with an
attorney, although few defendants could afford counsel. The law
provides for the right to appeal, and this provision was generally
respected. Lawyers without Borders continued to provide legal
assistance to some indigent defendants and to train gacaca judges but
lacked the resources to provide defense counsel to all those in need.
The law does not provide for an attorney at state expense for indigent
defendants. Defendants and their attorneys have access to government-
held evidence relevant to their cases. New court officers continued to
be sworn in and assigned to courts across the country, but the
Government did not have a sufficient number of prosecutors, judges, or
courtrooms to hold trials within a reasonable period of time.
The RDF routinely tried military offenders in military courts,
which handed down sentences of fines, imprisonment, or both. Military
courts provided defendants with an attorney at public expense, and
defendants have the right of appeal and had access to government-held
evidence relevant to their cases. The law stipulates that military
courts should try civilian accomplices of soldiers accused of crimes.
Military courts tried 48 civilians as co-perpetrators or accomplices of
military personnel during the year.
Gacaca courts served as the Government's primary judicial process
for adjudicating hundreds of thousands of genocide cases and were
created to ensure that those who participated in the genocide were
brought to trial. (The Government estimated that adjudicating the
caseload in conventional courts would have taken decades.) Defendants
in gacaca courts can present witnesses and evidence on their own
behalf, although witnesses were sometimes reluctant to testify for fear
of reprisals, mainly in the form of accusations of complicity in the
alleged crimes at issue. Defendants can appeal gacaca proceedings at
sector-level courts. Lawyers are not permitted to participate
officially in gacaca but can testify as private citizens.
Genocide law is designed to encourage confessions in exchange for
reduced sentences for individuals accused of genocide-related crimes
other than Category I crimes (the most severe crimes, including rape,
murder, genocide instigation, or playing a leadership role in the
genocide). The majority of individuals charged with genocide-related
crimes have been classified as Categories II or III, and their cases
were either tried in gacaca courts (Category II cases) or settled
through gacaca mediation (Category III cases). In March 2007 the
Government passed legislation to lessen overall sentences and increase
the suspended sentence and community service portions of those
sentences. The March 2007 sentencing guidelines, which were created to
alleviate prison overcrowding, allow all persons convicted by gacaca
courts to serve their community service and suspended portions of their
sentences first, resulting in the release of thousands of prisoners,
some of whom had been held since 1994. Prisoners who confess can go
home, serve their jail sentences later, and may serve no more than one-
sixth of a 15- or 20-year sentence; suspects who do not confess may be
sentenced to decades in jail.
In June the law was further amended to move approximately 6,900
Category I cases-most involving rape-from regular courts to the gacaca
system. The law also provides for the transfer of approximately 1,200
genocide Category I cases already begun in the regular courts to the
gacaca courts. The law provides for the commutation of custodial
sentences and replaces remaining jail terms with community service once
the original community service portion of a sentence is completed.
By year's end gacaca officials claimed that more than 99 percent of
the genocide-related cases dating back to 2002, when the first gacaca
courts began operating, had been completed in gacaca courts, and under
10,000 remained to be heard under the statute revised in June.
There were 169,442 gacaca judges (seven per cell-level gacaca
court), or ``persons of integrity'' elected by the community and
provided with gacaca law training, serving in 12,103 cell-level gacaca
courts across the country. There were 1,545 appellate courts that heard
appeals from the 3,000 gacaca trial courts.
During the year one lawyer fled the country as a result of threats
or harassment by unknown persons resulting from his defense of persons
accused of genocide or related crimes; one fled in 2007.
Some gacaca judges denied defendants the right to present witnesses
and ordered the imprisonment of those who questioned the impartiality
of gacaca judges. Poorly qualified or trained judges and ill-defined
guidelines on evidence and hearsay were problems. During the year there
were reports that local gacaca officials and citizens abused the
process to pursue personal matters and settle grudges unrelated to the
genocide, including making false accusations to acquire land.
Unlike in the previous year, no gacaca judges were implicated in
the genocide and subsequently replaced. Some government officials
reportedly unduly influenced gacaca judges during the course of
hearings, although there were far fewer such reports than in previous
years.
Because the Government has not authorized gacaca courts to consider
human rights abuses allegedly committed by the RPF during the 1994
genocide, some human rights groups criticized the gacaca courts for
representing a form of incomplete or one-sided justice and for being
biased against those who acted on behalf of the former government. HRW
claimed that only 32 soldiers had been brought to trial for crimes
committed against civilians during the genocide and attributed the
number to government reluctance to try RPA soldiers for such crimes.
The Government, which claimed 46 soldiers had been prosecuted,
countered that RPF abuses have been addressed by requisite civil and
military authorities and that such abuses could not be equated with the
genocide. In June the Government brought charges against four former
RPA soldiers for their alleged role in the deaths of 15 civilians in
Kabgayi in June 1994. Two of the officers were sentenced to eight years
in prison after pleading guilty; two were acquitted (See Section 1.a.).
Most gacaca hearings were held without incident, but violence and
threats of violence-usually perpetrated by persons accused of crimes
related to genocide-against genocide witnesses were serious problems.
Some citizens were too frightened to testify in gacaca courts; however,
unlike in the previous year, there were no reports of suicides among
genocide survivors. The Government reported that 16 genocide survivors
and witnesses were killed in attacks during the year; the survivors'
organization Ibuka reported 22 killings of survivors from January
through December. Conventional courts handled the cases of hundreds of
persons accused of participating in the killing, injuring, or
threatening of witnesses, survivors, and judges. During the year police
processed 794 cases involving such violence against survivors and
witnesses, 269 of which were filed in court, and 340 cases of
``divisionism'' (a poorly defined term commonly used in relation to the
offense of sectarianism), 140 of which were filed in court; nearly all
cases involved gacaca proceedings. The Government also continued to
conduct criminal investigations of organized groups that targeted and
killed genocide witnesses in certain provinces. Criminal investigations
resulted in the prosecution of some persons.
The Government held local communities responsible for protecting
witnesses and relied on the LDF, local leaders, police, and community
members to ensure the safety of witnesses. A task force to monitor
genocide survivors continued efforts to enhance surveillance of
genocide survivors deemed most at risk and genocide suspects considered
most likely to: commit violent attacks; increase joint patrols in rural
areas by survivors and security personnel; use preventive detention of
genocide suspects to prevent attacks deemed imminent by security
officials; expand hot lines; and expedite gacaca hearings for those
cases deemed most likely to involve the risk of violence against
survivors and witnesses.
Ibuka, an umbrella association for genocide survivors, criticized
the Government for not doing enough to prevent such killings. IBUKA
also continued to call for increased cooperation between gacaca courts,
police, conventional courts, and mediators and for the creation of a
survivors' compensation fund.
There were continuing concerns among observers and analysts over
what was believed to be a sizable number of gacaca cases in which
persons had provided false testimony, despite the penalties for such
conduct. Some human rights observers expressed concern that suspects
confessed to avoid lengthy prison terms. There also were reports during
the year that some persons had been tried in both conventional and
gacaca courts for the same crimes.
The March 2007 amendments to the gacaca law dropped the previous
provision that anyone convicted of a Category I or II genocide-related
crime is no longer eligible to vote. However, those convicted of
Category I or II crimes may not run for public office or hold certain
positions, such as soldier, police officer, prosecutor, or community
leader. In anticipation of legislative changes to the Electoral Code,
the National Electoral Commission in early summer allowed 300,000
voters convicted of Category III genocide crimes to register to vote in
the September parliamentary elections. In August the Parliament changed
the Electoral Code to allow these Category III persons to vote.
During the year the National Unity and Reconciliation Commission
released the results of a survey on the gacaca process and national
unity and reconciliation. The overwhelming majority (99 percent of the
general population and 92 percent of survivors) expressed the belief
that the gacaca process ``is an essential step toward peace and
reconciliation in Rwanda,'' and 98 percent of the general population
reported gacaca ``is a more effective way'' to deal with genocide
crimes than the formal court system.
The ICTR, based in Tanzania, continued to prosecute genocide
suspects during the year (See Section 4).
Political Prisoners and Detainees.--Local human rights NGOs
reported that local officials briefly detained some individuals who
disagreed publicly with government decisions or policies.
Former transport minister Ntakirutinka was sentenced to 10 years'
imprisonment in 2004 in a trial that did not meet international
standards; he was charged with incitement of civil disobedience,
formation of a criminal association, and embezzlement of public funds.
Ntakirutinka and former president Bizimungu, who was released in 2007,
had sought to establish the Party for Democratic Renewal. The
Government permitted the ICRC access to Ntakirutinka.
Civil Judicial Procedures and Remedies.--The judiciary was
generally independent and impartial in civil matters. There are
mechanisms for citizens to file lawsuits in civil matters, including
violations of their constitutional rights. The Office of the Ombudsman
processes claims of judicial wrongdoing on an administrative basis.
There continued to be problems enforcing domestic court orders.
f. Arbitrary Interference with Privacy, Family, Home or
Correspondence.--The constitution and law prohibit such practices, and
authorities generally respected these prohibitions; however, there were
some reports that the Government monitored homes and telephone calls.
Due in part to the insurgency in the late 1990s, government policy
requires male citizens above the age of 18 to participate in night
watch patrols. During the year the Government sometimes arrested,
detained, and allegedly beat individuals who refused to participate
(See Section 2.c.).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press ``in conditions prescribed by the
la.''; however, the Government at times restricted these rights by
enforcing overly broad and vaguely defined laws, excluding journalists
from government events, and expelling foreign journalists. Press
freedom decreased during the year. While the press regularly published
articles critical of senior government officials and government policy,
the Government continued to harass, convict, fine, and intimidate
independent journalists who expressed views that were deemed critical
of the Government on sensitive topics or who were believed to have
violated law or journalistic standards monitored by a semi-independent
media regulatory council. Numerous journalists practiced self-
censorship.
The law prohibits the propagation of discrimination or sectarianism
based on ``ethnic, regional, racial, religious, language, or other
divisive characteristics.'' Public incitement to what is commonly
termed ``divisionism'' is punishable by up to five years in prison,
heavy fines, or both. Individuals could criticize the Government
publicly or privately on most topics; however, the laws prohibiting
divisionism, genocide ideology, and genocide denial continued to
discourage citizens from expressing viewpoints that might be construed
as promoting societal divisions. Other statutes forbid criticism
``attacking the dignity of a high authority.'' During the year the
expression of such viewpoints sometimes resulted in imprisonment,
harassment, or intimidation.
In April a Catholic priest was sentenced to 30 days in prison for
comments that could be construed as negating the 1994 genocide (See
Section 2.c.).
There were both private and government-owned newspapers, published
in English, French, and Kinyarwanda. The New Times, an English-language
paper with close ties to the Government and whose shareholders
reportedly included senior government officials, was the only newspaper
published daily. There were 36 newspapers, journals, and other
publications registered with the Government. The country's
sporadically-published independent newspapers-including Umuseso, Umuco,
and Umuvugizi-maintained positions contrary to or critical of the
Government, including pointed criticism of the performance of senior
government ministers and President Kagame. The New Times also
criticized government policies and officials. Some journalists said
government officials pressured government institutions to withhold
advertising from independent newspapers that criticized the Government.
Journalists from international media outlets reported being denied
access to cover certain government events and difficulty reaching
officials.
During the year the Government either prosecuted or expelled
members of the press from the country for articles deemed in violation
of the divisionism statute, the press law, or other articles of the
criminal code.
For example, in July the Directorate of Immigration and Emigration
deported Umuseso chief editor Furaha Mugisha, claiming that he was a
Tanzanian with fraudulent Rwandan identity papers illegally living and
practicing journalism in the country.
On May 2, the Government expelled three local journalists-Charles
Kabonero of Umuseso, Jean Bosco Gasasira of Umuvugizi, and Jean Gaubert
Burasa of Rushyasha-midway through a government event celebrating World
Press Freedom Day. The three and Bonaventure Bizumuremyi of Umuco were
subsequently excluded from covering government events.
The Government continued to use a media law that imposes criminal
sanctions on the media for libel and other forms of defamation to
suppress criticism and limit press freedom.
For example, in February local journalists Charles Kabonero and
Didas Gasana were convicted of libel for critical articles written
about a prominent businessman. They were given a one-year suspended
sentence and issued a fine. The journalists appealed, and the case had
been postponed indefinitely at year's end.
In March Umuco editor Bizumuremyi fled the country after his
newspaper ran side-by-side photos and an article equating President
Kagame with Adolf Hitler. The Rwanda Media Ethics Committee and the
High Council of the Media (formerly named the High Council of the
Press) called for the suspension of the publication. Police raided his
residence seeking his arrest, and the RNP spokesman publicly called for
assistance in apprehending Bizumuremyi on defamation charges. His
whereabouts were unknown at year's end. In April 2007 the Government
began prosecuting Bizumuremyi for defamation, divisionism, and
disobeying public authorities stemming from 2005 and 2006 Umuco
articles that ``insulted President Kagame,'' and also from
Bizumuremyi's noncompliance with a police summons in 2006.
Police harassed, intimidated, and detained journalists for
questioning. For example, in October police and immigration officials
seized an edition of Umuco at the country's border with Uganda (many
papers are printed in Kampala) and held the chief editor for
questioning for several days. Umuco was not published after October.
In January Umurabyo editor Agnes Nkusi-Uwimana, who was arrested in
January 2007 for divisionism, defamation, and passing a bad check, was
released from prison after serving a one-year sentence.
In October former Radio Rwanda journalist Dominique Makeli, who had
been held since 1994 for inciting genocide in his reporting, was
released from prison.
There were no developments in the September 2007 legal action taken
by the Weekly Post against the former minister of information who
closed the publication after one issue, citing irregularities in its
application for registration.
The High Council of the Media, which reports to the Office of the
President and has four government representatives among its nine
members, occasionally requested clarification from journalists on
articles that potentially violated the media law or criminal libel
statutes. Press freedom advocates continued to criticize the council
for its lack of independence and for monitoring journalists while
failing to defend their rights or to investigate possible infringements
of press freedom. The council occasionally sent representatives to
accompany journalists called by the police for questioning.
According to some journalists, government officials pressured
government institutions and local businesses to withhold advertising
from newspapers critical of the Government, affecting the newspapers'
revenue. Print media often published abroad to avoid more expensive
local publishing costs.
The law authorizes private radio and TV broadcasting, subject to
the approval of the Government, although some have complained that the
licensing fees remained prohibitively high. Although the Government
authorized the licensing of private television stations, it owned and
operated the country's only television station. In addition to Radio
Rwanda, which was owned and operated by the Government, there were four
community radio stations, five religious stations, one university
station, and four independent FM radio stations broadcasting during the
year, focused primarily on music and talk shows. Foreign media groups,
including Voice of America (VOA), the BBC, and Deutsche Welle broadcast
throughout the year and were among the few stations in the country that
regularly broadcast independent news; however, journalists from the BBC
and VOA Kinyarwanda radio services were sometimes not allowed to
operate freely after a September cabinet decision to exclude them from
government events.
Radio stations broadcast increased criticism of government policies
during the year, including through the use of popular citizen call-in
shows featuring criticism on local government, health, media, gacaca,
and other issues.
Radio France Internationale, which was closed after the November
2006 break in diplomatic relations with France, remained closed during
the year.
In some cases journalists were harassed and threatened by
unidentified individuals. For example, several journalists reported
receiving threatening telephone calls from unidentified individuals or
being followed by unknown vehicles. One journalist said he was falsely
accused of rape; the accusation was dropped by the alleged victim when
other witnesses disputed the claim.
Internet Freedom.--There were no government restrictions on the
Internet or reports that the Government monitored e-mail or Internet
chat rooms. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail. Internet
cafes were common and used regularly in the largest towns, although the
Internet was generally unavailable to the majority of people living in
rural areas.
Academic Freedom and Cultural Events.--The Government generally did
not restrict academic freedom or cultural events; however, there were
several reports of authorities suspending secondary school students on
accusations of engaging in genocide ideology. The National University
of Rwanda expelled two students accused of divisionism and genocide
ideology in June.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the Government generally respected this right in practice; however,
there were some exceptions. Authorities legally may require advance
notice for outdoor rallies, demonstrations, and meetings.
Local government officials reportedly prevented opposition meetings
preceding the September 15 Chamber of Deputies elections.
The Government continued to limit the type of locations where
religious groups could assemble, at times citing municipal zoning
regulations as the reason. Authorities also reportedly prohibited
nighttime meetings of some religious groups (See Section 2.c.).
Freedom of Association.--The constitution provides for freedom of
association; however, the Government limited this right in practice.
Private organizations were required to register, and the Government
generally granted licenses without undue delay; however, there were
some exceptions. The Government restricted political party activities
by requiring membership in the Political Party Forum.
The Government generally imposed difficult and burdensome NGO
registration and renewal requirements, as well as time-consuming
requirements to submit annual financial and activity reports.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and other laws and policies contributed to the generally free
practice of religion; however, there were some exceptions. Local
government officials detained members of Jehovah's Witnesses for
refusing to participate in security patrols and fired Jehovah's
Witnesses teachers for not participating in government-sponsored
solidarity camps.
The law requires that all nonprofit organizations, including
churches and religious organizations, register with the Ministry of
Local Government and the Ministry of Justice to acquire the status of
``legal entity.'' There were reports that some religious organizations
operated without legal recognition because the registration process was
arduous, which government officials confirmed. Members of unregistered
groups were vulnerable to censorship and possible detention. The
Government did not deny any new applications during the year.
In April Catholic priest Edward Sentarure was sentenced to 30 days
in prison for comments that could be construed as negating the 1994
genocide.
The Government continued to require religious groups to hold
services at their established places of worship and to ban the use of
private homes for this purpose. Some small religious groups that met in
private homes were forced to move to new locations.
In July police briefly arrested 112 residents, including women and
children, in Rusizi District for holding night prayers in a private
home.
There were reports of police detaining and arresting members of
Jehovah's Witnesses because they refused-on religious grounds-to
participate in nighttime security patrols. Two individuals were also
beaten for refusing to participate in these patrols. Such abuses
occurred despite a 2005 government ruling that the Prosecutor's Office
had wrongly applied to religious groups a law requiring some form of
community work.
For example, on June 5, police arrested and detained four members
of Jehovah's Witnesses while they were in local government offices
waiting to get their identity cards; they were informed the arrest was
a result of their failure to participate in nighttime security patrols.
At a July 15 court hearing, their attorney argued that the four had
performed alternative community work, pursuant to an agreement with the
Government, and that the arrest and detention had been illegal. On July
16, the High Court in Gisenyi ruled that the four should be released,
which occurred on July 18.
On two occasions in August local authorities briefly detained
between 70 and 150 members of Jehovah's Witnesses, including women and
children, for ``congregating'' at night and consequently not
participating in evening patrols. Both groups were released without
charge the next morning. There was one report of two members of
Jehovah's Witnesses being arrested and held for four days in Nyanza for
failure to provide evidence they had voted in the September 15
legislative elections.
In April 215 Jehovah's Witnesses teachers were fired for failing to
participate in government-sponsored solidarity camps on religious
grounds. None of the teachers had been reinstated by year's end, and
some reported difficulty finding alternative employment as a result of
the incident.
Church officials reported that since May 2, 112 children of
Jehovah's Witnesses were expelled from school for refusing to sing the
national anthem. None had been readmitted by year's end, despite
repeated attempts by church officials to engage government officials.
Government officials presiding over wedding ceremonies generally
required couples to take an oath while touching the national flag, a
practice that members of Jehovah's Witnesses objected to on religious
grounds. This practice made it difficult for church members to marry as
they had to find officials willing to perform the ceremony without the
flag requirement.
During the year government authorities and Jehovah's Witnesses
leaders continued to address problems and misunderstandings through a
collaborative mechanism begun in 2005. However, church leaders
reportedly found officials less willing to respond to their concerns,
particularly regarding the fired teachers.
Societal Abuses and Discrimination.--There was a very small Jewish
community, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement, foreign travel, emigration, and repatriation, and
the Government generally respected these rights in practice.
The Government generally cooperated with the UNHCR.
The law prohibits forced exile, and the Government did not use it.
Internally Displaced Persons (IDPs).--In July the Government
demolished homes and businesses in an impoverished section of Kigali's
Kiyovu neighborhood, as part of the city's master development plan.
Some residents claimed they were given very little notice to vacate,
and in some cases received insufficient compensation for their property
and, in the case of business owners, loss of livelihood. Residents
moved to new government-built housing on the outskirts of Kigali or in
with family members around the city.
During the year the country accepted 8,205 citizens returning from
other countries, all but approximately 500 from the DRC; most were
settled in their districts of origin. The Government worked with the
UNHCR and other aid organizations to assist the returnees who were
resettled. Government mediators handled land disputes resulting from
the large number of returnees.
The Government continued to accept former combatants who returned
to the country from the DRC as part of the ongoing peace process
between the two countries. A total of 6,812 former combatants from
armed groups in the DRC, including 699 former child soldiers, have been
demobilized and peacefully resettled in Rwanda since the beginning of
the disarmament, demobilization, and reintegration program in 2001.
During the year 136 adult former combatants from armed groups and 28
children were demobilized; 969 RDF soldiers were demobilized during the
year. With international support, the Government's Demobilization and
Reintegration Commission, the lead agency for the reinsertion of
returned former combatants, placed such persons in a two-month
reeducation program at demobilization and reintegration centers in the
Northern Province. There also was a center solely for former child
combatants in the Eastern Province. After the two-month reeducation
period, each adult former combatant was given approximately 50,000
Rwandan francs (approximately $90) and allowed to return to his
village. Returnees who were accused of committing genocide and were
over 28 years of age (or 14 years old at the time of the genocide) were
subject to gacaca trials.
Protection of Refugees.--The law provides for the granting of
asylum and refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The constitution recognizes the right to asylum ``under
conditions determined by law,'' and there was a law in place to
recognize refugees. However, the Government was slow to implement
refugee registration procedures, and most persons seeking asylum or
refugee status had to seek private assistance (finding housing, food,
and other supplies) while awaiting formal recognition by the
Government.
In practice the Government provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened.
The UNHCR, with government support, continued to assist refugees
and asylum seekers and provided temporary protection to 55,926 persons
as of November 26; the vast majority were refugees from the DRC.
Some refugees seeking third-country resettlement reportedly had
difficulty obtaining exit visas from the Government. Lack of
government-issued ID cards also created difficulties for refugees when
they were outside the camps.
During the year there were reports that representatives of a DRC-
based armed group recruited children and adults from Rwandan refugee
camps to be combatants or forced laborers. The Government noted that it
was difficult to control camps that had no fences and populations that
regularly crossed borders. Refugees had access to primary schools and
health care, but few were able to find jobs, although there were no
laws denying them access to employment.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide for the right of citizens to
change their government peacefully; however, this right was effectively
restricted.
Elections and Political Participation.--Chamber of Deputies
elections took place on September 15 and were peaceful and orderly,
with a heavy turnout; however, observers noted irregularities in the
electoral process. The RPF won 42 of 53 directly elected seats (79
percent of the vote), the Social Democratic Party (PSD) won seven seats
(13 percent), and the Liberal Party (PL) won four (7.5 percent). On
September 16 and 17, the councils of women and persons with
disabilities elected the other 27 chamber members. A total of nine
political parties contested the elections, with six of them having
joined in coalition with the RPF rather than field independent lists of
candidates. Two parties, the PL and PSD, ran separate slates of
candidates. One independent candidate also contested.
National Electoral Commission (NEC) rulings restricted the ability
of the PSD and the PL to effectively spread their message, allowing the
RPF to dominate the 22-day electoral campaign. The media devoted the
bulk of its coverage to the RPF. There were credible reports of local
government interference with PL and PSD rallies and meetings, and
security forces briefly detained several campaign workers.
According to observers many voting stations opened early, did not
make proper use of forms, and did not initially seal ballot boxes.
Observers were often prevented by NEC and other government officials
from monitoring the ballot counting above the polling station and
polling center level (the first two levels). The Civil Society Election
Observation Mission observed in its Statement of Preliminary Findings
that ``in a significant proportion of cases, it was not possible to
confirm the accuracy of consolidated results at any stage beyond
polling center consolidation.''
In 2003 President Paul Kagame won a landslide victory against two
independent presidential candidates, receiving 95 percent of the vote
in a largely peaceful but seriously marred election.
The constitution provides for a multiparty system but offers few
rights for parties and their candidates. According to the 2006 African
Peer Review Mechanism report, released by the New Partnership for
Africa's Development, a mandated initiative of the African Union, the
country had made significant progress toward political pluralism, but
parties were still ``not able to operate freely'' and faced legal
sanctions if accused of engaging in divisive acts. The Government's
continuing campaign against divisionism discouraged debate or criticism
of the Government and resulted in brief detentions and the holding of
one political prisoner, former minister Ntakarutinka.
All political organizations were constitutionally required to join
the Forum for Political Organizations, which continued to limit
competitive political pluralism, according to the 2006 APRM report.
Despite a June 2007 law allowing political parties to open offices at
every administrative level, local officials on occasion reportedly
prevented opposition meetings preceding the September parliamentary
elections, citing improper paperwork or venue booking conflicts. During
the year there were no reported efforts to form any new parties or
efforts by the Government to deny registration to any party.
In accordance with the constitution, which states that ``a
political organization holding the majority of seats in the Chamber of
Deputies may not exceed 50 percent of all the members of the Cabinet,''
independents and members of other political parties held key positions
in government and parliament, including that of the prime minister and
the speaker of the Chamber of Deputies.
The constitution requires that at least 30 percent of the seats in
parliament be reserved for women. At year's end there were nine women
in the 26-seat Senate and 45 women in the 80-seat Chamber of Deputies.
There were 10 women in ministerial positions, representing 38 percent
of cabinet positions.
There was one member of the Batwa ethnic group in the 26-seat
Senate but none in the Chamber of Deputies.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government implemented these
laws with increasing effectiveness; however, corruption was a problem.
During the year the Government investigated several senior
officials on corruption charges, including two vice-mayors and the
executive secretary of Gasabo district in Kigali. In January Kigali
authorities asked Andre Bizimana, the vice-mayor of social affairs, to
resign and suspended other officials. In March the former director
general of the Rwanda Bureau of Standards was sentenced in absentia to
7.5 years in prison on corruption charges. In May the minister of trade
suspended an agricultural cooperative of demobilized RPA soldiers and
arrested 13 members on charges of corruption and price fixing. In June
senior police officials, including the commissioner general and the
head of the Criminal Investigation Department, were suspended for abuse
of office, reportedly related to tendering irregularities.
Investigation of their alleged offenses continued at year's end.
The inspector general of government worked to prevent corruption,
including through investigations of improper tendering practices at
government ministries. The Government's Office of the Ombudsman had an
active good governance program and several anticorruption units that
worked at the local level. Although the office does not have the
authority to prosecute cases, it can recommend cases to the Prosecutor
General's Office, and during the year the office pursued several
thousand corruption cases, the majority of which involved land. For
example, in October, 32 local government officials were investigated
for embezzlement as part of a land expropriation exercise in Kigali; 16
were held as investigations continued at year's end. The Government
continued a broad inquiry into misuse of public funds by 46 government
institutions; some corruption charges and prosecutions reportedly were
directed at political opponents of the RPF. During the year the police
and prosecution service used the auditor general's annual report to
pursue investigations into the conduct of government businesses. The
law provides for annual reporting of assets by public officials but not
public disclosure of those assets; most public officials complied.
The law does not provide for access to government information, and
it remained difficult for citizens and foreigners, including
journalists, to obtain access to government information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of international NGOs and several increasingly
independent domestic human rights groups operated in the country,
investigating and publishing their findings on human rights cases.
Domestic NGOs noted that relations with the Government were generally
positive; however, some indicated that the Government was intolerant of
criticism and suspicious of local and international human rights
observers, often rejecting their criticism as biased and uninformed.
During the year some NGOs expressed fear of the Government and self-
censored their activities and comments. International and local NGOs
reported unfettered access to the country's prisons.
Domestic NGOs LIPRODHOR and the League for Human Rights in the
Great Lakes Region (LDGL) focused on human rights abuses. Other local
NGOs dealt with at least some human rights issues and conducted
activities such as lobbying the legislature to provide more protection
for vulnerable groups; observing elections; raising awareness of human
rights among youth; and providing explanations of legislation, legal
advice, and advocacy. LIPRODHOR employed its 400 members and 106
district volunteers to conduct field investigations of alleged abuses,
and both LIPRODHOR and LDGL published their findings and discussed them
with government officials-including on sensitive cases-and raised
concerns about false accusations in gacaca trials. A few domestic NGOs
produced publications regularly on general human rights issues.
The law on nonprofit associations permits government authorities to
control projects, budgets, and the hiring of personnel. NGOs often
found the registration process difficult, and one domestic human rights
NGO reported it had not been able to register by year's end. To obtain
a provisional six-month approval, domestic NGOs must present their
objectives, plan of action, and financial information to local
authorities of every district in which the organizations intend to
work. After obtaining provisional agreement, domestic NGOs must apply
for registration (legal recognition) each year under the authority of
the Ministry of Justice. If a local NGO is initially denied
registration, the NGO sometimes must renew its registration documents.
Domestic NGOs also were required to submit financial and activity
reports each year to the national government. NGOs complained that
these requirements and near-compulsory participation in the Joint
Action Forum strained their limited resources. While there was no legal
requirement to contribute financially to the forum, some organizations
felt pressured to do so.
The Government also requires international organizations to
register each year and to obtain yearly provisional authorization from
the local governments of every district in which the organizations
intend to work, followed by final authorization from the requisite
ministry. This requirement made registration difficult for some
organizations. The Government also requires international organizations
to submit yearly reports with the relevant local governments and
national level ministries. The paperwork involved was burdensome.
Civil society groups were required to submit quarterly financial
statements and lists of staff and assets in each of the districts where
projects occurred.
A progovernment NGO platform group, the Civil Society Platform,
continued to manage and direct some NGOs through the use of umbrella
groups, which theoretically aggregated NGOs working in particular
thematic sectors; however, many observers believed that the Government
controlled some of these umbrella NGOs.
The Government continued to claim that calls by human rights groups
or opposition figures for investigations of alleged RPF war crimes
constituted attempts to equate the genocide with abuses committed by
RPF soldiers who stopped the genocide. There were reports that some
NGOs were pressured to cooperate with the Government to provide
information on the activities of other NGOs.
Government officials sometimes criticized domestic NGOs that sought
assistance from international NGOs and the diplomatic corps in
resolving disputes with the Government.
During the year two NGOs reported government harassment and
surveillance.
The Government generally cooperated with international NGOS;
however it criticized HRW throughout the year, particularly after HRW's
July report on judicial reform (See Section 1.e.).
In September and again in December, the Government denied an entry
visa to a senior HRW researcher who had travelled extensively in the
country; no reason for the denials was provided.
The National Human Rights Commission (NHRC) did not have adequate
resources to investigate all reported cases of violations and remained
biased towards the Government, according to some observers.
The Office of the Ombudsman existed with government cooperation and
took action on cases of corruption and other abuses, including of human
rights (See Sections 1.e. and 3).
Parliamentary human rights committees issued recommendations during
the year. For example, in July a senate committee on social welfare and
human rights issued a report on street children (See Section 1.d.).
The ICTR in Tanzania continued to prosecute genocide suspects
during the year. Since 1994 the ICTR has completed 36 cases, with 31
convictions and five acquittals. At year's end there were 31
individuals on trial, nine individuals awaiting trial, and 13
fugitives. Despite continued government efforts to prepare its
facilities and legal system to meet international standards, the ICTR
rejected four applications to transfer genocide suspects to Rwanda for
trial; the cases remained under appeal at year's end (See Section
1.d.).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides that all citizens are equal before the
law, without discrimination on the basis of ethnic origin, tribe, clan,
color, sex, region, social origin, religion or faith opinion, economic
status, culture, language, social status, or physical or mental
disability. The Government generally enforced these provisions;
however, problems remained.
Women.--The law criminalizes rape, and the Government handled rape
cases as a priority within its courts and tribunals. In recent years
those convicted of rape generally received sentences of between 20 and
30 years' imprisonment. Rape and other crimes of sexual violence
committed during the genocide are classified as a Category I genocide
crime. The Government also improved protection at the local level for
rape victims testifying at gacaca courts. For example, a law passed in
May provides that gacaca cases involving rape be heard ``in camera''
and that persons who reveal the contents of such proceedings be subject
to penalty. During the year police investigated 1,500 rape cases.
The law does not specifically prohibit domestic violence, and
domestic violence against women, including wife beating, was common.
Figures from the National Institute of Statistics indicate that 31
percent of women over age 15 were victims of domestic violence, and
10.2 percent of women experienced domestic violence during pregnancy.
Cases normally were handled within the context of the extended family.
In 2007 officials at police headquarters in Kigali established a hot
line for domestic violence together with an examination room, trained
counselors, and provided access to a police hospital for more intensive
interventions. Each of the 62 police stations nationwide had its own
gender desk, trained officer, and public outreach program. The national
gender desk in Kigali also monitored investigations and prosecutions
nationwide into gender-based violence. Drawing from a 2007 workshop for
senior officials on gender-based violence, the Government in June
produced a comprehensive guide to investigation and prosecution of
gender-based crime, including appropriate treatment of victims.
Prostitution is illegal, but was prevalent.
The law does not prohibit sexual harassment, and it occurred.
The law allows women to inherit property from their fathers and
husbands, and couples may make their own legal property arrangements;
however, women had serious difficulties pursuing property claims. Since
the 1994 genocide, which left numerous women as heads of households,
women assumed a larger role in the formal sector, and many operated
their own businesses. Despite the election in September of a Chamber of
Deputies with a female majority, women continued to have limited
opportunities for education, employment, and promotion. Women performed
most of the subsistence farming in the country. The Government-funded
Women's Council served as a forum for women's issues and consulted with
the Government on land, inheritance, and child protection laws. A
minister of gender and family promotion in the Office of the Prime
Minister headed government programs to address women's issues and
coordinated programs with other ministries, police, and NGOs. The
Government also provided scholarships for girls in primary and
secondary school and loans to rural women. A number of women's groups
were active in promoting women's concerns, particularly those faced by
widows, orphaned girls, and households headed by children. In April the
Government sponsored a workshop on the rights of female workers and
admonished employers against paying insufficient salaries to women on
maternity leave.
Children.--The Government was committed to children's rights and
welfare and worked to improve education and health care for children,
who headed at least 106,000 households. The Government worked closely
with international NGOs to secure assistance for children who were
heads of households and sensitized local officials to the needs of
children in such situations.
While primary school fees were abolished, most parents still had to
pay unofficial fees to support basic school operations. According to
the UN Children's Fund (UNICEF), the net primary school attendance/
enrollment ratio was 75 percent. Of the children who entered the first
grade, 46 percent reached the fifth grade. Equal numbers of boys and
girls began primary school, but attendance by girls declined at a
faster rate than boys. Only 17 percent of secondary school-age children
were enrolled in school during the year.
There were no statistics available on child abuse; however, it was
a problem.
According to UNICEF, 20 percent of women between the ages of 20 and
24 had married or entered into a union before they were 18 years old.
The legal age for marriage for both males and females is 21.
Due to the genocide and deaths from HIV/AIDS, there were numerous
households headed by children, some of whom resorted to prostitution to
survive.
During the year there were reports that representatives of an armed
group from the DRC recruited children from Rwandan refugee camps for
use as combatants or forced laborers (See Section 2.d.).
The Government continued to support the Muhazi demobilization
center for children in the Eastern Province, which provided care and
reintegration preparation during the year for 41 children who had
served as soldiers in the DRC; 12 of the 28 child soldiers received at
the center during the year were reunited with their families.
There were approximately 7,000 street children throughout the
country. Authorities rounded up street children and placed them in
foster homes or government-run facilities. In July a senate committee
called for the closure of the Gikondo transit center, where street
children, vagrants, and street sellers were held in substandard
conditions (See Section 1.d.). The Government also supported 12
childcare institutions across the country that provided shelter, basic
needs, and rehabilitation for 2,950 street children. The Government
worked with international organizations and NGOs to provide vocational
training and psychosocial support to street children, to reintegrate
them into their communities, and to educate parents on prevention of
street children.
Trafficking in Persons.--While there was no specific
antitrafficking law, laws against slavery, prostitution by coercion,
kidnapping, rape, and defilement were available to prosecute
traffickers. There were reports that persons were trafficked from and
within the country during the year.
The country was a source for small numbers of women and children
trafficked for sexual exploitation, domestic labor, and soldiering. The
largest trafficking problem was underage prostitution; small numbers of
impoverished girls, typically between the ages of 14 and 18, used
prostitution as a means of survival, and some were exploited by loosely
organized prostitution networks. Due to the genocide and deaths from
HIV/AIDS, numerous children headed households, and some of these
children resorted to prostitution or may have been trafficked into
domestic servitude. While police reportedly conducted regular
operations against prostitution, no statistics were available on
prosecutions of those who utilized or exploited children in
prostitution.
The RNP is the lead government agency responsible for combating
trafficking of persons.
Traffickers prosecuted under laws against prostitution by coercion,
slavery, kidnapping, rape, and defilement were subject to criminal
penalties, including imprisonment.
In May a man was sentenced to 30 years in prison by a Gasabo
District Court for operating an underage prostitution ring; several
investigations into other trafficking cases were ongoing at year's end.
When the Government dismantled prostitution rings, it offered women
rehabilitation programs that included employment training and were
sponsored by the Ministry of Gender and Family Promotion. The
Government provided training on sex crimes and crimes against children
as part of the police training curriculum. During the year the police
offered specialized training in recognizing trafficking, particularly
trafficking involving children, to many police cadets. The Government
also monitored immigration and emigration patterns, as well as border
areas that were accessible by road. The RNP conducted sensitization
programs against prostitution and warned hotel owners against allowing
underage girls to frequent them.
Persons With Disabilities.--The law specifically prohibits
discrimination against persons with disabilities in regard to
employment, education, and access to social services, and the
Government generally enforced these provisions. The constitution
prohibits discrimination on the basis of physical or mental disability.
The law also mandates access to public facilities, accommodations for
taking national exams, provision of medical care by the Government, and
monitoring of implementation by the NHRC; these provisions generally
were implemented. One member of the Chamber of Deputies is appointed by
the Federation of the Associations of Persons with Disabilities.
In March the National University of Rwanda began admitting blind
students, becoming the second public higher education institution
(behind the Kigali Institute of Education) to do so.
National/Racial/Ethnic Minorities.--Large-scale interethnic
violence in the country between Hutus and Tutsis culminated in the 1994
genocide, renamed the ``Tutsi Genocide'' by a constitutional amendment
passed during the year. Genocidal killing of much of the resident Tutsi
population and moderate Hutus under the direction of a Hutu-dominated
rump government and in large part implemented by the Hutu-dominated
national army and Interahamwe armed youth militia resulted in up to a
million people killed. The genocide ended later the same year when the
predominantly Tutsi Rwandan Patriotic Army (RPA), operating out of
Uganda, occupied Rwandan territory, defeated the national army and Hutu
militias, and established an RPF-led government of National Unity,
which was composed of members of eight political parties and which
ruled until the 2003 elections.
Since 1994 the Government has called for national reconciliation
and abolished policies of the former government that created and
deepened ethnic cleavages. The Government eliminated all references to
ethnicity in written and nonwritten official discourse. There was no
government policy of ethnic quotas for education, training, or
government employment. The constitution provides for the eradication of
ethnic, regional, and other divisions and the promotion of national
unity. Some organizations and individuals continued to accuse the
Government of favoring Tutsis-particularly English-speaking Tutsis-in
government employment, admission to professional schooling, recruitment
into or promotion within the army, and other matters. However, there
was no evidence suggesting that the Government practiced ethnic
favoritism.
Indigenous People.--Prior to the 1994 genocide, citizens were
required to carry identity cards that indicated ethnicity-Hutu, Tutsi,
and Twa. Following the genocide the Government banned all identity card
references to ethnic affiliation as divisionist or contributing to
genocide ideology. As a result the Batwa, purported descendants of
Pygmy tribes of the mountainous forest areas bordering the DRC and
numbering approximately 33,000, were no longer designated as an ethnic
group. On this basis the Government no longer recognized groups
advocating for Batwa needs. Some Batwa said their rights as an
indigenous ethnic group were denied as a result of such government
policies. The Government recognized the Community of Indigenous Peoples
of Rwanda (CAURWA), a Batwa advocacy organization, although it was not
formally acknowledged as an organization supporting an indigenous
group. Despite the recognition of CAURWA and joint health and education
projects with the Government, most Batwa continued to live on the
margins of society with very limited access to education, and they
continued to be treated as inferior citizens.
Other Societal Abuses and Discrimination.--Discrimination based on
sexual orientation occurred, and in September 2007 some members of
parliament publicly called for legislation criminalizing homosexuality.
During the year security forces detained two women for several days
upon their return from a conference on lesbians in Africa; security
forces also reportedly searched their e-mail.
Unlike in the previous year, there were no reports that police
officers assaulted homosexuals or that landlords evicted homosexual
tenants.
Discrimination against persons living with HIV/AIDS occurred,
although such incidents continued to decrease. The Government actively
supported public education campaigns on the issue, including the
establishment of HIV/AIDS awareness clubs in secondary schools and
making public pronouncements against the stigmatization of the disease.
Members of the military with HIV/AIDS are not permitted to participate
in peacekeeping missions abroad, but remain in the military.
Section 6. Worker Rights
a. The Right of Association.--The law provides all salaried
workers, except for civil servants, the right to form and to join
unions of their choice without previous authorization or excessive
requirements, and workers exercised this right in practice. The law
allows unions to conduct their activities without interference, and
while the Government respected this right in practice, some private
sector employers did not and often harassed union members to discourage
their activities. Between 20 and 30 percent of the total workforce,
including agricultural workers, was unionized.
All unions must register with the Ministry of Labor for official
recognition, and the application process was reportedly more difficult
than in previous years.
The law provides some workers the right to strike, but this right
was severely restricted; civil servants were not allowed to strike.
Participation in unauthorized demonstrations could result in employee
dismissal, nonpayment of wages, and civil action against the union. A
union's executive committee must approve any strike, and the union must
first try to resolve its differences with management following a
process prescribed by the Ministry of Labor; this process effectively
prohibited strikes.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, but this right was severely
limited. The Government was heavily involved in the collective
bargaining process since most union members were in the public sector.
Only the Central Union of Rwandan Workers (CESTRAR) had an established
collective bargaining agreement with the Government.
The law prohibits antiunion discrimination, but there were no
functioning labor courts to resolve complaints involving discrimination
against unions. According to CESTRAR, employers frequently intimidated
unionists through the use of transfers, demotions, and dismissals,
though less often than in the previous year. The law requires employers
to reinstate workers fired for union activity; however, this law was
seldom enforced.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and the Government generally enforced this
right; however, prisoners were assigned work details that generally
involved uncompensated public maintenance duties. Gacaca courts
sentenced convicts to perform community service, and those suspected of
committing genocide who confessed were given sentences involving
community service. By year's end approximately 54,000 persons had been
formally registered for community service; of these, approximately
28,000 were either working as day laborers or as residents in one of 64
community service camps, while the rest were awaiting community service
assignments.
There were reports indicating that representatives of an armed
group based in the DRC recruited children from Rwandan refugee camps
for labor and soldiering in the DRC (See Section 2.d.).
Forced child labor and trafficking of children for sexual
exploitation occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
While the law does not specifically prohibit forced or compulsory labor
by children, there are laws to protect children from exploitation in
the workplace; however, the Government did not effectively enforce
them. During the year the Government increased efforts to stop child
prostitution; however, child labor, including forced prostitution, was
prevalent. In June 2007 the Government indicated that approximately
450,000 children (approximately 9 percent of the country's four million
children under 18) were engaged in all forms of child labor. However, a
2006 UN report suggested that 36 percent of children between the ages
of five and 14 (approximately one million children) were engaged in
child labor.
Except for subsistence agricultural workers, who account for more
than 85 percent of the workforce, the law prohibits children under the
age of 16 from working without their parents' or guardians' permission
and prohibits children under 16 from participating in night work
(between 7 p.m. and 5 a.m.) or any work deemed hazardous or difficult
by the minister of labor. Children also must have a rest period of at
least 12 hours between work engagements. The minimum age for full-time
employment is 18 years (14 years for apprenticeships), provided that
the child has completed primary school.
The Government identified five forms of child labor as those that
should be considered as the ``worst forms of labor,'' including
domestic work outside the family sphere; agricultural activities on
tea, rice, and sugar cane plantations; work in brickyards and sand
extraction quarries; crushing stones; and prostitution. During the year
child labor persisted in the agricultural sector (particularly on tea
plantations), among household domestics, in small companies, and in the
brick-making industry. Children received low wages, and abuse was
common. In addition child prostitution and trafficking of children were
problems. There were reports of representatives of a DRC-based armed
group recruiting children in refugee camps to be used as combatants or
forced laborers.
A National Advisory Committee on Child Labor comprising various
government ministries, the NHRC, the RNP, trade unions, and NGOs met
regularly to provide guidance and technical assistance to the
Government on child labor issues and to develop a national child labor
policy. The Government continued to support 30 child labor inspectors
in 12 regional offices; however, the Government was unable to provide
them with adequate resources to effectively identify and prevent the
use of child labor. Some districts established by-laws to prevent child
labor, and child labor reduction benchmarks were integrated into
district performance contracts.
The Government worked with NGOs to raise awareness of the problem,
to identify children involved in child labor, and to send them to
school or vocational training. Since March 2005, in collaboration with
multiple NGOs, the Government rescued 3,485 children from exploitative
labor conditions and provided training and prevention services to
another 2,582 children considered at risk for trafficking or other
exploitation. The Government imposed fines against those who illegally
employed children or sent their children to work instead of to school.
During the year teachers and local authorities received training on the
rights of children.
e. Acceptable Conditions of Work.--There was no single minimum
wage, but minimum wages in the formal economy did not provide a decent
standard of living for a worker and his family. For example, minimum
wage in the tea industry ranged from 500 to 750 Rwandan francs per day
(approximately $0.90 to $1.35), while in the construction industry it
ranged from 1000 to 1500 francs a day ($1.80 to $2.70). Minimum wages,
however, provided a higher standard of living than that of the 85
percent of the population relying only on subsistence farming. The
Ministry of Public Service, Skills Development, and Labor set minimum
wages in the small formal sector. The Government, the main employer,
effectively set most other wage rates as well. In practice some workers
accepted less than the minimum wage. Families regularly supplemented
their incomes by working in small businesses or subsistence
agriculture.
Officially, government offices and private-sector entities had a
40-hour workweek; the maximum workweek was 45 hours. Aside from a 30-
minute break for lunch, there is no mandated rest period. The law does
not provide for premium pay for overtime, but there are prohibitions on
excessive compulsory overtime. The law regulates hours of work and
occupational health and safety standards in the formal wage sector, but
inspectors from the Ministry of Public Service did not enforce these
standards aggressively. Workers did not have the right to remove
themselves from dangerous work situations without jeopardizing their
jobs; however, the Government established a list of dangerous
professions subject to heightened safety scrutiny. The same standards
applied to migrant and foreign workers.
__________
SAO TOME AND PRINCIPE
The Democratic Republic of Sao Tome and Principe is a multiparty
constitutional democracy with a population of approximately 206,000.
The chief of state is President Fradique De Menezes, and the head of
government, chosen by the National Assembly and approved by the
president, is Prime Minister Joachim Rafael Branco. International
observers deemed presidential and legislative elections, held in 2006,
to have been free and fair. Civilian authorities generally maintained
effective control of the security forces.
The Government generally respected the human rights of its
citizens. However, there were problems in some areas, including harsh
prison conditions, prolonged pretrial detention, official corruption,
impunity, violence and discrimination against women, child labor, and
harsh labor conditions.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
Police officer Larry Alberto Paris remained in pretrial detention
for the 2006 shooting of Gustavo Sidonio Pinto.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
security forces generally observed these prohibitions.
The public prosecutor's investigation into the 2006 shooting of
Argentino dos Ramos Taty remained open. Soldiers accompanying forestry
guards shot and injured Taty, who was cutting a log on private
property.
Prison and Detention Center Conditions.--Prison conditions were
harsh but generally not life threatening. Facilities were overcrowded,
sanitary and medical conditions were poor, and food was inadequate.
Pretrial prisoners were held with convicted prisoners, and juveniles
were held with adults. There was one prison and no jails or detention
centers. In general police stations had a small room or space to
incarcerate an offender for brief periods.
The Government permitted human rights monitors to visit the prison;
however, there were no visits during the year.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--In June, with the
formation of the 13th constitutional government in the country's
history, the national police and immigration service came under the
control of a new ministry, the Ministry of Internal Affairs, Government
Reforms, and Civilian Protection. The Ministry of National Defense
continues to supervise and control the military. Despite increased
personnel and training offered throughout the year, the police remained
ineffective and were widely viewed as corrupt. Impunity was a problem,
and efforts to reform the Criminal Investigation Police, a separate
agency under the Ministry of Justice, were unsuccessful, primarily due
to inadequate resources.
In January the Supreme Court ruled that 10 members of the now-
disbanded Special Intervention Police Unit .''Ninja.'') should be
released on probation; they had been arrested in October and November
2007 for a series of armed sieges of police headquarters in a dispute
over back pay, which also culminated in the death of one Ninja.
Arrest and Detention.--The law requires arrest warrants issued by
an authorized official to apprehend suspects, unless the suspect is
caught during the commission of a crime. The law requires a
determination within 48 hours of the legality of a detention, and
authorities generally respected this right. Detainees are to be
informed promptly of charges against them. There was a functioning bail
system.
Severe budgetary constraints, inadequate facilities, a shortage of
trained judges and lawyers, and political instability resulted in
lengthy pretrial detention. According to the director of the Sao Tome
prison, 34 percent of the country's prisoners were awaiting trial in
2007, and some pretrial detainees had been held for more than a year.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, at times the judicial system was
subject to political influence or manipulation. Judicial salaries
remained low, and credible suspicions persisted that judges were
tempted to accept bribes. In 2006 the Government took steps that proved
somewhat helpful to strengthen the judiciary by creating the new
Constitutional Court and decreasing docket backlogs to reduce the
number of persons in pretrial detention.
The legal system is based on the Portuguese model. The court system
has three levels: circuit courts, the Supreme Court, and the
Constitutional Court, which is the highest judicial authority.
Trial Procedures.--The constitution provides for the right to a
fair public trial by a judge (juries are not used), the right of
appeal, the right to legal representation, and, if a person is
indigent, the right to an attorney provided by the state. Defendants
are presumed innocent, have the right to confront their accusers,
confront witnesses, access government evidence, and present evidence
and witnesses on their own behalf. However, inadequate resources
continued to result in lengthy pretrial detention and greatly hindered
investigations in criminal cases.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The same courts consider
both criminal and civil cases, but different procedures are used in
civil cases. Plaintiffs may bring lawsuits seeking damages for, or
cessation of, a human rights violation; there are also administrative
and judicial remedies for alleged wrongs.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights; however, journalists practiced self-censorship.
Individuals could privately or publicly criticize the Government,
including specific officials, without fear of reprisal. There were no
reports of the Government impeding criticism.
Two government-run and seven independent newspapers and newsletters
were published sporadically, usually on a monthly or biweekly basis;
resource constraints determined publishing frequency. International
media operated freely.
The Government operated television and radio stations. The Voice of
America, Radio International Portugal, and Radio France International
also were rebroadcast locally. The law grants all opposition parties
access to the state-run media, including a minimum of three minutes per
month on television.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Severe lack of infrastructure, including inadequate electricity and
communications networks, limited public access to the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of peaceful assembly and association, and
the Government generally respected these rights.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right.
Societal Abuses and Discrimination.--There were no reports of
discrimination against members of religious groups. There was no known
Jewish community and no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 Annual Report on
International Religious Freedom at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights.
The law does not prohibit forced exile; however, there were no
reports that the Government used it.
Protection of Refugees.--The law does not specifically provide for
the granting of asylum or refugee status in accordance with the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol,
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. During the year there were no
known requests for refugee or asylum status. In the past the Government
cooperated with the Office of the UN High Commissioner for Refugees and
other humanitarian organizations in assisting refugees and asylum
seekers.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic and generally free and fair elections based on
universal suffrage.
Elections and Political Participation.--The 2006 legislative
elections gave a plurality of seats in the National Assembly to a
coalition of parties, the Democratic Movement of Forces for Change/
Party for Democratic Convergence (MDFM/PCD), supporting President De
Menezes. The MDFM/PCD subsequently formed a government. President De
Menezes was reelected in 2006 with 60 percent of the vote.
International observers deemed both elections generally free and fair.
Also in 2006, for the first time in more than a decade, local elections
were held; on the same date, regional elections were held on the island
of Principe. The MDFM/PCD won control of five of the six districts in
these elections; the principal opposition party, the Movement for the
Liberation of Sao Tome and Principe (MLSTP/PSD), won one district, and
a new party, Novo Rumo, won the presidency of the regional government
on Principe.
Political parties operated without restriction or government
interference.
Women held positions throughout the Government, including two seats
in the 55-seat National Assembly, four of 13 cabinet positions, one
seat on the three-member Supreme Court, and two judgeships in the
circuit courts.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials frequently engaged in
corrupt practices with impunity.
Official corruption was widespread. The World Bank's 2008 Worldwide
Governance Indicators reflected that corruption was a serious problem.
Several high-level officials, including one former prime minister, were
brought before the tribunal on corruption charges for their alleged
involvement in the disappearance of millions of dollars from the
Government's foreign aid fund. The trial was suspended December 22 and
was set to resume on January 30, 2009.
In 2005 the attorney general presented to the National Assembly the
results of his investigation into allegations of corruption in the
awarding of exploration and/or production rights to certain oil blocks.
The investigation uncovered serious procedural deficiencies in the
process and raised questions about the actions of members of the
current and former governments. Lack of cooperation from Nigerian
authorities (whose government shares control of some of the oil blocks)
impeded follow-up, and no further action was taken by year's end. Low
salaries for civil servants contributed to public corruption.
Public officials were not subject to financial disclosure laws.
There are no laws that provide for public access to government
information; however, there were no reports that the Government
restricted access to information by citizens or noncitizens, including
foreign media.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
In the past a small number of domestic human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Because of the general
improvement in respect for human rights, such groups generally remained
inactive. Government officials generally were cooperative and
responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for the equality of all citizens
regardless of gender, race, social origin or status, political views,
creed, philosophical convictions, disability, or language;
nevertheless, women faced discrimination. The Gender Equality Institute
within the Office of Women's Affairs held numerous seminars and
workshops to raise awareness about discrimination against women.
Women.--Rape, including spousal rape, is illegal and punishable by
two to 12 years' imprisonment. Rape occurred occasionally, with
prosecution most likely in cases where there was evidence of violent
assault as well as rape or if the victim was a minor. However, no
statistics on prosecutions were available. Government family planning
clinics and nongovernmental organizations (NGOs) sought to combat rape
by raising awareness of the problem.
Reports of domestic violence, including rape, against women
increased. Although women have the right to legal recourse-including
against spouses-many were reluctant to bring legal action or were
ignorant of their rights under the law. Tradition inhibited women from
taking domestic disputes outside the family. The law does not
specifically address domestic violence; however, there are provisions
for assault that may be used in cases of domestic violence. If the
victim misses fewer than 10 days of work, the penalty for assault is
six months in prison, while for 10 to 20 workdays missed the sentence
is one year, and so forth. The law was strictly enforced, including in
cases of domestic violence, but there was no data on the number of
prosecutions for domestic violence. The Office of Women's Affairs
maintained a counseling center with a hot line. While the hot line did
not receive many calls due to unreliable telephone service, the
counseling center received numerous walk-ins.
Prostitution is illegal but did occur. Prostitution was rare in the
past, but observers estimated its prevalence was increasing with the
growing number of foreign workers in the country.
The law does not prohibit sexual harassment, and it was a problem.
No data was available on its extent.
The constitution stipulates that women and men have equal
political, economic, and social rights. While many women have access to
opportunities in education, business, and government, women in general
continued to encounter significant societal discrimination. Traditional
beliefs left women with most child-rearing responsibilities and with
less access to education or entry into the professions. A high teenage
pregnancy rate further reduced economic opportunities for women.
Children.--A number of government- and donor-funded programs
operated to improve conditions for children, notably an ongoing malaria
control project and a program for acquisition of school and medical
equipment.
By law education is universal, compulsory through sixth grade, and
tuition-free to the age of 15 or sixth grade. In practice many rural
students stopped attending school after the fourth grade.
Mistreatment of children was not widespread; however, there were
few protections for orphans and abandoned children.
Child labor was a problem.
In 2007 the Ministry of Labor and Solidarity began a social
services program that collected street children in three centers, where
they attended classes and received training. Conditions at the centers
were good; however, because of overcrowding, some children were
returned to their families to sleep at night, and a few of these
children ran away.
Trafficking in Persons.--The law prohibits trafficking in persons,
and there were no reports that persons were trafficked to, from, or
within the country. In 2007 the UN Children's Fund and the Economic
Community of Central African States held a conference in the country
that addressed trafficking in persons.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law does not prohibit
discrimination against persons with physical or mental disabilities;
however, there were no reports of discrimination against such persons.
The law does not mandate access to buildings, transportation, or
services for persons with disabilities. Local NGOs that criticized the
Government in the past for not implementing accessibility programs for
such persons were not active during the year.
Other Societal Abuses and Discrimination.--There was societal
discrimination based on sexual orientation.
Persons with HIV/AIDS were often rejected by their communities and
shunned by their families. However, there were no reports that workers
were discriminated against due to their HIV/AIDS status. As in the
previous year, there were a number of government-sponsored workshops
and awareness campaigns to reduce such instances. The Government also
provided free AIDS testing and distributed antiretroviral drugs to all
recognized patients.
Section 6. Worker Rights
a. The Right of Association.--The constitution and law allow
workers to form and join unions of their choice without previous
authorization or excessive requirements, and workers generally
exercised this right in practice. Only two unions existed in the very
small formal wage sector: the General Union of Workers and the National
Organization of Workers of Sao Tome and Principe. Both represented
government workers, who constituted the majority of formal sector wage
earners, and members of farmers' cooperatives.
The constitution provides for the freedom to strike, including by
government employees and other essential workers, although during the
year no strikes occurred.
b. The Right to Organize and Bargain Collectively.--The
constitution and law state that workers may organize and bargain
collectively; however, due to its role as the principal employer in the
formal wage sector, the Government remained the key interlocutor for
organized labor on all matters, including wages.
The law does not prohibit retaliation against strikers, but there
were no reports of such actions during the year.
There were no laws prohibiting antiunion discrimination; however,
there were no reports such discrimination occurred.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Employers in the formal wage sector generally respected the legally
mandated minimum employment age of 18; however, child labor was a
problem. The law prohibits minors from working more than seven hours a
day and 35 hours a week. Children worked in subsistence agriculture, on
plantations, in informal commerce, and in domestic work. No cases of
child labor abuses were prosecuted, although the law states that
employers of underage workers can be fined. The Ministry of Labor is
responsible for enforcing child labor laws.
There were initiatives taken to prevent child labor. The Ministry
of Education extended compulsory school attendance from the fourth to
the sixth grade, and the Government granted some assistance to several
low-income families to keep their children in school. The Ministry of
Labor also created teams of labor inspectors to increase inspections at
work sites.
e. Acceptable Conditions of Work.--There is no national minimum
wage. Although the legal minimum wage for civil servants increased in
2007 from 500,000 dobras ($35) to 650,000 dobras ($46) per month, it
was insufficient to provide a decent standard of living for a worker
and family. Working two or more jobs was common. The labor law
specifies occupations in which civil servants may work if they pursue a
second job. Civil servants in ``strategic sectors,'' such as the court
system, the Ministries of Finance, Ccustoms, and Education, and the
Criminal Investigation Police, earned up to 400 percent more than other
public sector employees.
Working conditions on many of the cocoa plantations-the largest
informal wage sector-were extremely harsh. The average salary for
plantation workers did not provide a decent standard of living for a
worker and family, and the purchasing power of their pay was further
eroded by a high rate of inflation.
The legal workweek is 40 hours, with 48 consecutive hours mandated
for rest. However, shopkeepers could work 48 hours a week. The law
provides for compensation for overtime work. The law prescribes basic
occupational health and safety standards; however, due to resource
constraints, the Ministry of Justice and the Ministry of Labor and
Solidarity's enforcement of these standards was not effective.
Employees have the right to leave unsafe working conditions, but none
sought to do so, and enforcement of the right was very limited.
__________
SENEGAL
Senegal, with an estimated population of 12.5 million, is a
moderately decentralized republic dominated by a strong executive
branch. In February 2007 Abdoulaye Wade was reelected president in an
election generally viewed as free and fair despite sporadic incidents
of violence and intimidation. In June 2007 the ruling Senegalese
Democratic Party (PDS) won the majority of seats in National Assembly
elections that were boycotted by the leading opposition parties.
However, international observers characterized the elections as
generally free and transparent. Civilian authorities generally
maintained effective control of the security forces.
The Government generally respected citizens' rights; however, there
were problems in some areas, including: inhuman and degrading treatment
of detainees and prisoners; overcrowded prisons; questionable
investigative detention and long pretrial detention; corruption and
impunity; limits on freedoms of speech, press, and assembly; domestic
violence, rape, sexual harassment, and discrimination against women;
female genital mutilation (FGM); child abuse, child marriage,
infanticide, trafficking in persons, and child labor.
Rebels from the Movement of Democratic Forces of Casamance (MFDC)
and a splinter group, the Movement for the Liberation of the People of
the Casamance, killed civilians, committed robberies, and harassed
local populations while fighting each other.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Neither the
Government nor its agents committed any politically motivated killings.
Unlike previous years, there were no reports of arbitrary killings by
security forces.
There were no developments in the following 2007 cases: the January
killing of a young man by a police officer in Diourbel; the April death
in police custody of Dominique Lopy in Kolda; the June killing of
Cheikh Ahmet Tidian Fall by customs officers in Mbour; the July killing
of Abdoulaye Seck in Bignona; and the December death in police custody
of Badara Diop in Kaolack. The December 2007 killings of Mamadou Sakho
Badji and the Government's special advisor for the Casamance peace
process, Cherif Samesidine Nema Aidara, were still under investigation
at year's end; one suspect remained in pretrial detention.
During the year the Criminal Investigations Division (DIC) did not
release the results of the 2006 investigation into the police killing
of a merchant in Dakar, and no action was taken against those
responsible.
According to statistics from Handicap International, there were
four separate landmine accidents in the Casamance region during the
year which resulted in one killing and four injuries. The killing
occurred on May 1, when a passenger vehicle from Sindian traveling to
The Gambia hit a landmine near the village of Toukara. There were no
government efforts to remove landmines during the year.
During the year MFDC rebels reportedly attacked civilians and
committed highway robberies in the Casamance.
On May 15, MFDC rebels allegedly shot at a group of villagers
harvesting in Camaracounda, resulting in the death of Frederic Mendy.
On May 20, fighting between MFDC rebels and soldiers in the village
of Niassaran (Djibidione) north of Ziguinchor resulted in the deaths of
two soldiers. Local media reported at least seven rebels also died in
the attack.
On July 22, armed men attacked dozens of cars and robbed passengers
between Teubi and Tobor, north of Ziguinchor, killing one passenger.
On December 23, Mamdaou Sinna Sidibe was shot and killed during a
violent riot to protest poor living conditions and lack of jobs in the
mineral-rich region of Kedougou. An investigation into his death was
ongoing at year's end.
There were no developments in the January 2006 case of MFDC rebels
killing the subprefect of Diouloulou.
Suspects had not been identified by year's end in the December 2006
kidnapping and killing of Oumar Lamine Badji, president of the Regional
Council of Ziguinchor.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year.
The Government did not take any action to resolve older cases of
disappearances, particularly in the Casamance, linked to government
security forces.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were occasional reports that government officials employed them.
Human rights groups noted examples of physical abuse committed by
security forces, including cruel and degrading treatment in prisons and
detention facilities. In particular, they criticized strip-search and
other interrogation methods. Police also reportedly forced detainees to
sleep on bare floors, directed bright lights at their pupils, beat them
with batons, and kept them in cells with minimal access to air. During
the year authorities took no action against police involved in these
abuses.
Human rights organizations highlighted the lack of supervision and
impunity with which security forces treated persons in police custody.
The African Assembly for Human Rights (RADDHO) continued to demand
prosecutions for the deaths of two suspects in police custody in 2007.
During the year they also denounced the abusive treatment inflicted by
gendarmes in Dakar on the city's former mayor, Mamadou Diop, who
indicated that he was stripped and made to lie on a stone floor.
Human rights organizations reported cases of torture by security
forces following a riot in the city of Kedougou on December 23.
According to nongovernmental organization (NGO) reports, security force
members wearing masks broke into homes of suspects, beat, arrested, and
subjected persons to long interrogations. Physical evidence of
suspects' beatings was displayed during their trials; however, the
court dismissed the allegations of torture made by attorneys.
On May 7, in Camaracounda, armed men allegedly belonging to the
MFDC mutilated 16 persons by cutting off one ear of each as punishment
for harvesting in the forest occupied by rebels.
On July 23, the National Assembly and the Senate jointly amended
the constitution to allow retroactive prosecution of genocide and
crimes against humanity. On July 29, the National Assembly passed a law
introducing new provisions in the Code of Criminal Procedure whereby
defendants have the right to appeal in a case heard before the Court of
Appeals and juries were replaced with magistrates. These legal
provisions lifted the last obstacles to the prosecution of former
Chadian dictator Hissene Habre on charges of torture and crimes against
humanity. Habre has lived in exile in the country for 19 years. During
the year authorities appointed judges to investigate the Habre case;
however, in mid-October, the Government stated Habre's prosecution
could not take place without international donor funding. No further
government action was taken by year's end.
An increase in alleged rebel attacks in the Casamance on vehicles
was noted during the year. These attacks resulted in injuries and theft
of money, jewelry, and cell phones. No arrests were made during the
year.
There were several cases of mob violence. Due to a weak judiciary
and widespread impunity, civilians often administered punishment by
beating presumed thieves before handing them over to security forces.
Prison and Detention Center Conditions.--Prison and detention
center conditions were poor, in part because no prisons have been built
since the colonial era. The National Organization for Human Rights
(ONDH) identified overcrowding and lack of adequate sanitation as major
problems. Dakar's Central Prison, which had a maximum capacity of 700
persons, held approximately 1,400, while the penal camp in Dakar, which
had a capacity of 400, held an estimated 800 detainees. To alleviate
overcrowded prisons in Dakar, authorities transferred some prisoners to
Thies, which resulted in overcrowded prisons in that city. Human rights
activists noted that Nioro Prison was severely overcrowded and
resembled ``a chicken coop'' more than a prison. Detainees in Diourbel
were sometimes held in a former horse stable; detention conditions in
Tambacounda were also extremely poor.
Prisons lacked doctors and medicine. The ONDH reported a national
ratio of one doctor per 5,000 inmates and that the Government spent
only 450 CFAF (approximately $1) a day per inmate to cover all costs
including medical care. There was one mattress for every five
detainees. Due to an old and overburdened infrastructure, prisons
experienced drainage problems during the rainy season and stifling heat
during the summer. Prisons also were infested by bugs, and prisoners
suffered sexual assault and extremely low quality food.
As part of a three-year investment plan, government funds were
provided to prisons for renovations and refurbishment. During the year
Dakar's central prison received new mattresses and inmates were able to
create more space by building bunk beds. The ONDH, which visited six
prisons during the year, reported that the Diourbel Prison also
received new mattresses. The ONDH also noted that, for the first time,
prison inspectors were recruited from penitentiary officers, which
resulted in prison personnel attaining the same level of law
enforcement authority as the police and gendarmes.
Human rights organizations highlighted that some children, who
committed crimes or who were found by police late at night in the
street, were kept in custody for long periods because their parents
could not be located or identified.
Local NGOs reported that prisoner separation regulations were not
always enforced. Pretrial detainees were occasionally held with
convicted prisoners, and juveniles were occasionally held with adults.
Local NGOs reported that the rape of female prisoners was a serious
issue not addressed by government authorities during the year.
During the year the Government permitted prison visits by local and
international human rights groups, which also provided humanitarian
support to inmates.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, authorities at times
arbitrarily arrested and detained persons. Human rights groups
described arbitrary detention as a growing problem.
Role of the Police and Security Apparatus.--Police and gendarmes
are responsible for maintaining law and order. The army shares that
responsibility in exceptional cases, such as during a state of
emergency. The police force includes 10 departments which constitute
the Directorate General of National Safety. In each of the country's 11
regions, there is at least one police station and at least one mobile
safety brigade. Dakar has more than 15 police stations. The police
force effectively maintained law and order.
Impunity and corruption were problems. An amnesty law covers police
and security personnel involved in ``political crimes,'' except those
who committed assassinations ``in cold blood.''
According to human rights groups, attorneys, and victims, security
forces regularly extorted money from detainees in exchange for release
and from prostitutes to overlook noncompliance with prostitution
regulations and other.
The DIC is in charge of investigating police abuses. According to
human rights groups, new members of the police force received training
in human rights protection.
Arrest and Detention.--Although the law specifies that warrants
issued by judges are required for arrests, in practice police often
lacked warrants when detaining individuals. The law grants police broad
powers to detain prisoners for long periods of time before filing
formal charges. The DIC may hold persons up to 24 hours before
releasing them. Many detainees were not promptly informed of the
charges against them. Police officers, including DIC may double the
detention period from 24-48 hours without charges, but they must obtain
authorization from the prosecutor. Investigators can request that a
prosecutor double this period to 96 hours. For cases involving claimed
threats to state security, the detention period can be further doubled.
Thus, someone accused of plotting to overthrow the Government or
undermining national defense can be held up to 192 hours.
The detention period does not formally begin until authorities
officially declare that an individual is being detained, a practice
human rights groups criticized for resulting in unjustly long detention
periods. Bail is rarely available. In the first 48 hours of detention,
the accused has no access to an attorney but has the right to a medical
exam and possible access to family; however, family access was not
generally allowed. The accused has the right to an attorney at the
accused's expense after this initial period of detention. Attorneys are
provided at public expense to all criminal defendants who cannot afford
one. A number of NGOs also provided legal assistance or counseling to
those charged with crimes.
The Government used security forces, especially the DIC, to harass
journalists and arrest political opponents and civil society leaders
(See Section 2.b.).
Judicial backlogs and absenteeism of judges contributed to long
pretrial detention periods. The law states that an accused person may
not be held in pretrial detention for more than six months for minor
crimes; however, persons were routinely held in custody until a court
demanded their release. Despite the six-month limit on detention for
most crimes, the average time between charging and trial was two years.
In many cases persons are freed without charges being filed. In such
circumstances there is no compensation paid by the state.
In cases involving murder, threats to state security and
embezzlement of public funds, there are no limits on the length of
pretrial detention. Judges are allowed the time necessary to
investigate these more serious cases, but may order release pending
trial with the prosecutor's consent. If a prosecutor opposes release,
the order is frozen until an appeals court decides whether to grant
release. Under the law, the prosecutor has total discretion to deny
provisional release pending trial for cases involving threats to state
security, murder and embezzlement. However, since judges lacked
sufficient time to review all cases, orders to extend detention were
often signed without consideration of the facts to avoid releasing
potentially guilty detainees.
During the year the Supreme Court heard an ONDH case regarding 23
detainees who had been held in pretrial detention between two and six
years for felonies including murder, gang rape, robberies, and criminal
conspiracies. The Supreme Court released six detainees and sentenced
the remaining 18 to various jail terms.
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, the judiciary was subject to
corruption and government influence.
Magistrates continued to publicly criticize their working
conditions, including overwhelming case loads, lack of equipment, and
inadequate transportation. Magistrates also openly questioned the
Government's commitment to judicial independence.
After a long hiatus, the High Council of the Magistrature met
during the year and made several decisions including the appointment of
the head of the new Supreme Court. Based on French civil law, the
judiciary is composed of ordinary courts and several higher and special
courts. In July the constitution was amended to reintroduce a Supreme
Court. The new Supreme Court is the final court of appeal for all
judicial and civil cases and is the highest judicial institution. Other
components of the judiciary include the Constitutional Council, which
has jurisdiction over all constitutional and electoral issues, and the
Accounting Court that has jurisdiction on financial and budgetary
affairs.
In July the Cour d'Assises was also reformed. It is a specialized
court attached to the Court of Appeals, which meets twice a year to
prosecute felony cases. Jurors were eliminated from the Cour d'Assises
so that only judges deliberate on the cases. It is possible to appeal
verdicts of the Cour d'Assises.
The High Court of Justice presides over cases against senior
government officials concerning acts committed in an official capacity.
The court has the authority to convict and sentence or acquit. It is
composed of eight national assembly deputies and one judge. The
National Assembly elects the eight deputy members of the High Court and
eight substitutes, at the beginning of each session. Three-fifths of
all deputies must vote to pass a resolution to permit prosecution of a
head of state or minister. If a resolution is so passed, the High Court
can convene.
While civil court judges preside over civil and customary law
cases; plaintiffs can also bring disputes involving family matters to
religious judges, who act as advisors. Religious law has been
incorporated into the country's laws. Individuals and companies can
also refer commercial disputes to arbitration courts and some citizens
still rely on tribal leaders to settle family and community disputes.
The Regional Court of Dakar includes a military tribunal, which has
jurisdiction over crimes that are military in nature. The tribunal is
composed of a civilian judge, a civilian prosecutor, and two military
assistants to advise the judge, one of whom must be of equal rank to
the defendant. The tribunal may try civilians only if they were
involved with military personnel who violated military law.
Trial Procedures.--All defendants have the right to a public trial,
to be present in court, confront witnesses, present evidence and
witnesses, and have an attorney in felony cases.
Evidentiary hearings may be closed to the public and the press.
Although defendant and counsel may introduce evidence before the
investigating judge who decides to refer a case for trial, they do not
always have access to all evidence presented prior to trial. Access to
evidence may be limited by police who want to protect their informants.
A panel of judges presides over ordinary courts in civil and criminal
cases since trials by jury were eliminated by a law passed on July 28.
Defendants are presumed innocent. The right of appeal exists in all
courts, except for the High Court of Justice. All of these extend to
all citizens.
Political Prisoners and Detainees.--On October 10, the Government
arrested five members of the Socialist Party for distributing pamphlets
in front of the National Assembly. The detainees were held for eight
days on charges of unlawful gathering, before they were granted bail.
On October 22, a judge on the regional court of Dakar dismissed the
case. There were no other known political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Citizens may seek
cessation of and reparation for human rights violations in regular
administrative or judicial courts. Administrative remedies also can be
sought by filing a complaint with the High Commission for Peace and
Human Rights based in the Office of the President. However, corruption
and lack of independence hampered judicial and administrative handling
of these cases. At times prosecutors refused to prosecute security
officials, and violators often went unpunished. In addition, there were
problems in enforcing court orders, since the Government can ignore
court orders without legal consequences.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice;
however, human rights organizations stated that illegal phone
monitoring by security services was common practice.
Section 2. Respect for Civil Liberties, Including:
Freedom of Speech and Press.--The constitution and law provide for
freedom of speech and of the press; however, the Government limited
these rights in practice, and security forces and politicians
intimidated or harassed journalists during the year. Journalists also
practiced self-censorship.
Individuals could generally criticize the Government publicly or
privately without reprisals.
There were several independent and three government-affiliated,
newspapers. Due to high illiteracy rates, radio was the most important
medium of mass information and source of news.
There were approximately 80 community, public, and private
commercial radio stations. Although an administrative law is in place
to regulate radio frequency assignments, community radio operators
claimed there was a lack of transparency in the allocation of
frequencies. Radio stations were often controlled by a single
religious, political, or ethnic group.
Although the Government continued to maintain a monopoly on locally
televised information and opinion through Radio Television Senegal
(RTS), three privately-owned television channels broadcast during the
year. Under law the Government must hold a majority interest in RTS,
and the president directly or indirectly controlled selection of all
members of the 12-person RTS executive staff. Several human rights and
journalist groups criticized the fact that some religious leaders were
able to broadcast on government-controlled TV and radio without charge,
while other groups were obliged to pay.
Government failure to enforce regulations on establishing media
outlets and government-provided media assistance resulted in an
increase of unprofessional or politicized media. Journalists and human
rights groups maintained that some media outlets-such as the dailies
Express News and Le Messager and FM radio stations Anur and RMD-were
created solely to refute antigovernment criticism.
Journalists continued to criticize government efforts to control
media content by selectively granting or withholding state subsidies,
which were given to both government-affiliated and private independent
media. The Government frequently used subsidies, and in a few cases
threats and intimidation, to pressure the media not to publicize
certain issues.
The international media were active and expressed a wide variety of
views without restriction.
During the year a number of journalists were intimidated, beaten,
and jailed, leading to a two-month period of demonstrations against the
Government by media organizations. In addition there was growing
concern about the culture of impunity for crimes and threats by
government and religious leaders against journalists.
On April 10, Madiambal Diagne, publisher of the weekly magazine
Weekend, filed a complaint after receiving death threats from Mouride
disciples over an interview with one of the wives of Caliph-General
Serigne Bara Mbacke. No one was charged by year's end.
On April 16, in Dakar, police forcibly entered independent
television station Wal Fadjiri and terminated its live broadcast of a
demonstration by the Consumer Association. The police seized the
television station's videotapes without a court order.
On April 18, PDS political leader Moustapha Cisse threatened to
shoot Ibrahima Benjamin Diagne, a reporter for the Diourbel-based Radio
Disso FM station, after a listener criticized Cisse during a radio talk
show.
Following the June 1 national political dialogue known as Les
Assises Nationales, the Government threatened to punish all those who
attended, including members of the diplomatic corps. The dialogue was
organized by political opponents of the Government and included a
number of civil society members seeking political reforms.
On June 3, President Wade threatened Yakham Mbaye, editor of the
daily newspaper Le Populaire. Mbaye had tried to question the president
during a press conference at an international World Food Security
conference in Rome.
On June 13, Caliph-General Serigne Bara Mbacke, the Mouride
Brotherhood leader, grabbed reporter Babou Birame Faye of the Weekend
magazine in the region of Diourbel. Caliph Mbacke was reportedly
unhappy with a report about his private life. Some of his disciples
attempted to beat Faye, but the caliph stopped them. Although not
injured, Faye was intimidated with the threat of possible further
reprisals by the caliph's disciples. The caliph later apologized and
the journalists' union refrained from filing a complaint against him.
On June 21, police attacked Boubacar Campbell Dieng and Karamokho
Thioune, journalists of Radio Futurs Media and West Africa Democracy
Radio respectively, after a soccer match at Senghor stadium in Dakar.
The attack occurred in an area where the media was allowed to interview
players. There were no investigations or charges filed against
perpetrators by the end of the year.
On August 7, the minister of transportation threatened to beat a
journalist from the daily newspaper Walf Grand-Place after the
journalist reportedly accused the minister of lying about his
educational degree. On August 17, 12 men led by the driver of the
Minister of Air Transportation, Farba Senghor, invaded and ransacked
the premises of 24 Heures Chrono and L'As, two privately owned Dakar-
based daily newspapers. The men were later sentenced to jail terms of
between five to six years. They appealed the sentencing, but there were
no further case developments by year's end. On August 28, Senghor
resigned his post; no charges had been filed against him by year's end.
On August 28, the police closed down the office of 24 Heures
Chrono, arrested editor-in-chief El Malick Seck, and seized the August
28th edition of the publication. The newspaper had published an old,
vaguely sourced story claiming the president and his son Karim had been
involved in laundering money stolen from the Central Bank for West
African Countries. On September 12, the court found Seck guilty of
``disseminating false news'' and ``public insult.'' Seck received a
three-year prison term, which he appealed, and the newspaper was
suspended for three months. The newspaper did not resume publishing by
year's end and there were no further developments in the Seck case by
year's end.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
With more than a dozen Internet service providers and an estimated 2.3
million subscribers, the country had extensive online access. Cyber
cafes were numerous in Dakar and often found in provincial centers.
Approximately 60 percent of the country, however, was not connected to
the country's electrical grid.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Although the constitution and law provide for freedom of
assembly, the Government interfered with this right in practice. During
the year the Government repeatedly denied public permits for civil
society and opposition demonstrations. Opposition groups complained of
undue delays when waiting for a government response to authorization
requests.
On March 30, in Dakar, police beat and detained Momar Ndao and Jean
Pierre Dieng, leaders of the Consumer Association, following a protest
staged by their organization to demand that the Government lower the
prices of certain commodities. On April 16, Ndao and Dieng were
prosecuted and each received a one-month suspended sentence.
During the year police used excessive force to disperse
unauthorized demonstrations, resulting in injuries. No action was taken
against the perpetrators.
On July 28, gendarmes opened fire against demonstrators in
Marsassoum, in the region of Sedhiou, injuring 10 persons. The
demonstrators had blocked roads to pressure central government
authorities to grant their area higher priority in the ongoing
decentralization process.
There were no developments in the April 2007 killing by Kolda
police of Dioutala Mane, who had been participating in a demonstration
against the death of Dominique Lopy in police custody.
During the year there was no action taken against the Ziguinchor
riot police who beat seven female elementary teachers in May 2007.
During the year no action was taken against police who beat with
clubs a group of disabled former servicemen in September 2006.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
Any religious group seeking to form an association with legal
status must register with the Ministry of Interior in accordance with
the civil and commercial code. Registration was generally granted.
Unlike other religious groups, Muslims have the right to choose
Muslim-based laws contained in the family code for marriage and
inheritance cases. Civil court judges can preside over civil and
customary law cases, but many disputes were turned over to religious
leaders for adjudication, particularly in rural areas.
Muslims and Christians continued to enjoy harmonious relationships.
On September 26, Muslims and Christian leaders led a joint prayer to
commemorate the anniversary of the sinking of the ferry Joola.
During the year the Agency for the Organization of the Islamic
Conference (ANOCI) provided support to mosques damaged by floods and
built a parking lot for Dakar's main Christian cemetery. The Government
provided some financial support for both Muslim and Christian
pilgrimages.
Societal Abuses and Discrimination.--There were no reports of
societal violence, harassment, or discrimination against members of
religious groups. There were approximately 120 resident Jews in
country; there were no reports of anti-Semitic activities during the
year.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The Government generally cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, asylum seekers, and stateless persons.
Some public employees, including teachers, are required by law to
obtain government approval before departing the country; however, this
law was not generally enforced.
The constitution and law prohibit forced exile, and the Government
did not employ it.
Some local leaders advised NGOs to gauge MFDC reaction in the
Casamance region before undertaking projects or traveling in areas with
a strong rebel presence. Military check points were still erected by
the army, but no restriction of movement was noted. Highway robberies
deterred many from traveling by road.
Internally Displaced Persons (IDPs).--During the 23-year-old
Casamance conflict, tens of thousands of persons have left villages in
the region due to fighting, forced removal, and landmines, and many
persons were reportedly displaced during the year in the region. The
Government estimated that there were approximately 10,000 IDPs in the
Casamance. Some IDPs who attempted to return to their villages met
hostility from MFDC combatants in rural communities south of
Ziguinchor. On March 16, MFDC forces reportedly detained for three days
12 IDPs who had returned to their village of Mbissine to prepare their
land for farming.
Protection of Refugees.--The law provides for the granting of
refugee or asylum status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. Since the president must approve each case, delays of one to
two years in granting refugee status remained a problem. In practice
the Government provided some protection against the expulsion or return
of refugees to countries where their lives or freedom would be
threatened. The Government generally granted refugee status or asylum,
and provided refugees with food and nonfood assistance.
The Government violated the rights of some asylum seekers by not
offering them due process or security since appeals filed by denied
asylum seekers were examined by the same committee that examined their
original cases, and a denied asylum seeker can be arrested for staying
illegally in the country. Those arrested sometimes remained in
``administrative detention'' for up to three months before being
deported.
Since 1989 the country has offered temporary protection to
Mauritanian refugees, who generally lived in dispersed locations in the
river valley along the Mauritanian border and enjoyed free movement
within the country. However, most refugees could not obtain refugee
documents from authorities and sometimes encountered administrative
difficulties when using their expired refugee application receipts. On
January 29, UNHCR began a repatriation program of Afro-Mauritanians
from the country to Mauritania, resulting in approximately 5,000
persons returned during the year. In addition the Government continued
to permit generally unsupervised and largely informal repatriation.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens generally exercised this
right in February presidential elections and June legislative
elections. For the first time, military and paramilitary forces were
allowed to vote.
Elections and Political Participation.--The National Assembly
postponed local elections that were scheduled for May to March 2009.
In February 2007 President Wade was reelected to a second term with
approximately 55 percent of the vote, which ensured him a first round
victory over 14 other candidates. International observers declared the
voting to be generally free and fair; however, there was preelection
violence and irregularities, especially in the issuance of voter cards.
Noting that numerous persons voted multiple times and that voter
registration cards were deliberately issued late in non PDS-dominated
areas, many opposition parties did not accept the election results. The
parties petitioned the Constitutional Council to void the election;
however, the council rejected their petition. In the June 2007
legislative election, President Wade's PDS coalition won 131 of 150
seats. International observers declared the elections to be generally
free and fair. Opposition parties, organized under the umbrella
organization ``Front Siggil Senegal,'' boycotted the elections,
resulting in a historically low turnout of 34.7 percent. Senate
elections were held in August 2007 after a January 2007 law
reestablished the Senate. Thirty five senators are indirectly elected
by local officials and members of parliament; the remaining 65 senate
seats are filled by the president. The PDS won 34 of the 35 contested
seats. The main opposition parties boycotted the elections, since the
majority of senate seats are appointed.
The 100 registered political parties operated without restriction
or outside interference.
At year's end there were 34 women in the 150-seat National Assembly
and five women in the 31-member cabinet. Only 13 percent of locally
elected leaders were women. The 100-member Senate included 37 women.
Women's groups argued that the current apportionment of Senate seats
should be declared unconstitutional, as the constitution states that
two-fifths of seats should be allocated to women.
There were approximately 39 members of minority groups in the 150-
seat National Assembly and an estimated 12 members in the 39-member
cabinet.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively and officials often engaged in corrupt
practices with impunity.
The World Bank's 2008 Worldwide Governance Indicators reflected
that corruption was a serious problem, and there was widespread public
perception of government corruption. The perception was exacerbated by
officials granting themselves salary increases, vehicles, and land over
the last few years to National Assembly deputies and civil servants at
all levels.
The National Commission to Fight Non-Transparency, Corruption, and
Government Fraud had no authority to investigate or prosecute. It
remained inefficient in fighting corruption, and no government
officials were prosecuted for the crime. However, on July 28, the
Government passed a law giving commission members financial benefits
and extending their terms of office for another six years from 2007.
In July President Wade circulated a petition calling for the
resignation of the National Assembly President Macky Sall. Sall, who
previously served as prime minister, had supported a call for the
president's son, as the head of ANOCI, to testify about the use of
funds for infrastructure. Wade's petition was unsuccessful in removing
Sall; however, in October the National Assembly passed a bill reducing
the tenure of office of the National Assembly presidency and voted to
dismiss Sall. Sall subsequently resigned from the PDS ruling party and
created a new political party called the Alliance for the Republic.
The 2006 case of Pape Malick Ndiaye was still pending at year's
end, although Ndiaye was freed on bail in January 2007 and remained
free at year's end. Ndiaye was originally charged with libel and fraud
for accusing Abdoulaye Balde, the Secretary General of ANOCI, of taking
a kickback related to ANOCI-related public works.
The constitution and law provide citizens the right to access
government information freely; however, the Government rarely provided
access in practice.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their findings. However,
some human rights organizations alleged that their telephones were
regularly tapped during the year.
Local independent NGOs included Tostan, the Committee to Combat
Violence Against Women and Children (CLVF), ONDH, RADDHO, Terre des
Hommes International Federation, and Plan International Senegal.
The Government's National Committee on Human Rights (NCHR) includes
government representatives, civil society groups, and independent human
rights organizations. The NCHR has the authority to investigate abuses;
however, it lacked credibility since it was poorly funded, did not meet
regularly, and did not conduct investigations or release a report
during the year.
According to the NCHR, the Government met regularly with civil
society and human rights NGOs to discuss topics including
discrimination (racial, gender, and religious), migration, and domestic
violence. The Government was somewhat responsive to inquiries by NGOs
and held meetings with them to discuss rights issues such as torture,
domestic violence, and the Hissein Habre case.
Death threats against leaders of opposition political parties,
unions, journalists, NGOs and even a senior official were common and
generally were believed to originate in circles close to the ruling
party.
Although the Government did not prevent visits by international
organizations, no such visits were reported during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides that men and women are equal under the
law and prohibits all forms of discrimination. However, gender
discrimination was widespread in practice, and antidiscrimination laws
often were not enforced.
Women.--Rape was a widespread problem, while spousal rape remained
difficult to quantify since it was a taboo subject and very seldom
reported. The law prohibits rape, but not spousal rape; however, the
Government rarely enforced the law. A womens' rights NGO criticized the
country's lack of rape shield laws which allow the common practice of
using a woman's sexual history to defend men accused of rape.
Prosecutions for rape remained minimal since judges seldom have
sufficient proof that rape occurred, especially when rape happens
within a family. It is common to settle rape cases out of court to
avoid the publicity and costs associated with prosecution. Ministry of
Justice statistics estimate that 47 percent of accused rapists go
unpunished and released without going to trial. According to APROFES, a
women's NGO, there were 195 documented cases of rape and sexual abuses
during the year.
Domestic violence, including spousal abuse, was a widespread
problem. Several women's groups and the NGO CLVF reported a rise in
violence against women during the year. Violence against women is
against the law, but the law was not enforced. The law criminalizes
assaults and provides for a punishment of one to five years in prison
and a fine. If the victim is a woman, the prison term and fine are both
increased. Domestic violence that causes lasting injuries is punishable
with a prison sentence of 10 to 20 years; if an act of domestic
violence causes death, the law prescribes life imprisonment. The CLVF
criticized the failure of some judges to apply the law, citing cases
where judges claimed lack of adequate evidence as a reason to issue
lenient sentences.
Police usually did not intervene in domestic disputes, and most
persons were reluctant to go outside the family for redress. There were
no statistics available on the number of abusers prosecuted under the
law. The CLVF indicated that the availability of more shelters and its
successful campaign to sensitize women to their rights resulted in a
substantial increase in reports of domestic violence.
Organizations combating violence criticized the Government's
failure to permit associations to bring suit on behalf of victims. The
Ministry of Women, Family, Social Development, and Women's
Entrepreneurship was responsible for ensuring the rights of women.
There were no government programs to combat domestic violence
during the year.
Although soliciting customers is illegal, prostitution is legal if
individuals are at least 21 years of age, register with the police,
carry a valid sanitary card, and test negative for sexually transmitted
infections. NGOs working with prostitutes claimed that police targeted
prostitutes for abuse and extortion. There were arrests of illegal
foreign prostitutes, underage prostitutes, and pimps during the year.
Evidence suggested foreign prostitutes' entry into the country was
professionally organized.
The law mandates prison terms of five months to three years, and
fines of 50,000 to 500,000 CFAF (approximately $100 to $1,000) for
sexual harassment; however, the practice was common. The Government did
not effectively enforce the law, and women's rights groups claimed
sexual harassment victims found it difficult, if not impossible, to
present sufficient proof to secure prosecutions.
Under national law, women have the right to choose when and whom
they marry, but traditional practices restricted a woman's choice. The
law prohibits marriage for girls younger than 16, although this law was
not enforced in some communities where marriages were arranged. Under
certain conditions, a judge may grant a special dispensation for
marriage to a person below the age of consent. Women typically married
young, usually by the age of 16 in rural areas.
Women faced pervasive discrimination, especially in rural areas
where traditional customs, including polygyny and rules of inheritance,
were strongest. According to the law, a woman's approval is required
for a polygynous union, but once in such a union, a woman need not be
notified nor give prior consent for the man's subsequent marriage.
Approximately 50 percent of marriages were polygynous. Although
protected under the law, marriage rights were not enforced due to
sociocultural pressures, judicial reluctance to enforce the law, and a
lack of information on marriage laws.
The Family Code's definition of paternal rights remains an obstacle
to equality between men and women, as men are considered the head of
household and women cannot take legal responsibility for their
children. Women can only become the legal head of family when the
father formally renounces his authority before the administration. This
makes it particularly difficult for the 20 percent of families that are
supported and led by women. Problems in both the law and traditional
practices also made it difficult for women to purchase property.
Women represented 52 percent of the population, but performed 90
percent of domestic work and 85 percent of agricultural work.
Children.--The Government was somewhat committed to children's
rights and welfare. The Ministry of Women's Affairs, Family, Social
Development, and Women's Entrepreneurship was responsible for promoting
children's welfare and was assisted by the health, education, and labor
ministries.
The law provides for free education, and education is compulsory
for all children ages six to 16; however, many children did not attend
school due to lack of resources or available facilities. Students must
pay for their own books, uniforms, and other school supplies. Due to
efforts of the Government, NGOs, and international donors, primary
school enrollment reached 82.3 percent during the year.
The highest level of education attained by most children was
primary school. The middle school enrollment rate was 31.9 percent, and
the secondary school enrollment rate was 10.9 percent. During the 2006-
07 academic year, more girls than boys were enrolled in elementary
school; however, young girls still encountered greater difficulties in
receiving an education. For example, when families could not afford for
all of their children to attend school, parents tended to remove their
daughters rather than sons from school. Only 23 percent of women and
girls over 15 years of age were literate, compared with 43 percent of
men. However, this differential is decreasing as a result of a UNICEF
program, currently active in Tambacounda, Kolda, and Ziguinchor, to
enroll girls in schools. A foreign government supported a middle school
construction program to increase girls' enrollment.
The Government took steps to provide religious education classes in
the formal school system as an alternative to parents sending their
children to Koranic schools, where trafficking in the form of forced
begging often occurred. The Government also has a program to provide
education and social services to at-risk children.
Child abuse was common. Easily observable were the many poorly
dressed, barefoot young boys, known as talibes, begging on street
corners for food or money for their Koranic teachers, known as
marabouts. These children were exploited by their teachers and exposed
to dangers. Physical abuse of talibes was widely known and discussed. A
2007 joint study by UNICEF, the International Labor Organization (ILO),
and the World Bank identified 7,600 child-beggars in the Dakar area.
Most of these children were around 10-years-old, although some as young
as two were reported. In general they were undernourished and prone to
sickness. Since they beg full time they devote almost no time to
Koranic studies, and are forced to give the proceeds of their begging
to their teachers. The average that each child was expected to collect
per day was 400 CFA (approximately $0.80).
On July 3, a marabout severely beat an eight-year-old talibe for
collecting less than the daily quota. Police arrested the marabout and
he was prosecuted on October 2; he received a five-year sentence in
November.
The law punishes sexual abusers of children with five to 10 years'
imprisonment. If the offender is a family member, the punishment is 10
years' imprisonment. Any offense against the decency of a child is
punishable by imprisonment for two to five years and in certain
aggravated cases up to 10 years. Procuring a minor for prostitution is
punishable by imprisonment for two to five years and a fine of 300,000
to 4 million CFAF (approximately $575 to $7,600). However, the law was
not effectively enforced in general.
There were periodic reports of child rape and pedophilia. On March
6, a 13-year-old girl was raped in Keur Massar and, on May 17, a nine-
year-old girl was kidnapped, raped, and abandoned in Guediawaye. In
both cases the alleged perpetrators were arrested by the police;
however, neither had been tried by year's end.
On October 3, an individual named Abdoulaye Wade, who was
reportedly mentally ill, raped and killed an 11-year-old girl in Dakar.
Wade was subsequently beaten to death by a local mob.
On October 12, a 14-year-old girl was killed by her uncle in
Ziguinchor. The man was arrested and was awaiting trial at year's end.
The media reported that on October 18, a man reportedly posing as a
police officer raped a 17-year-old girl in Dakar. No arrest was made by
year's end.
Due to social pressures and fear of embarrassment, incest remained
taboo and often went unreported and unpunished. A womens' rights NGO
stated that, of all cases of violence committed against girls, paternal
incest was increasing the fastest.
The NGO Tostan and UNICEF estimated that FGM was practiced in
thousands of villages throughout the country. Some girls were as young
as one when FGM was performed on them. Almost all women in the
country's northern Fouta region were FGM victims, as were 60 to 70
percent of women in the south and southeast. Sealing, one of the most
extreme and dangerous forms of FGM, was sometimes practiced by the
Toucouleur, Mandinka, Soninke, Peul, and Bambara ethnicities,
particularly in rural and some urban areas.
FGM is a criminal offense under the law, carrying a prison sentence
of six months to five years for those directly practicing it or
ordering it to be carried out on a third person. However, many persons
still practiced FGM openly and with impunity. The Government prosecuted
those caught engaging in the practice and fought to end FGM by
collaborating with the NGO Tostan and other groups to educate people
about its inherent dangers. Tostan reported that 3,307 out of an
estimated 5,000 communities had formally abandoned the practice by
year's end. According to Tostan the movement to abandon FGM
accelerated, with 60 percent of previously FGM-practicing communities
in the country ending the harmful practice.
Family ministry officials and women's rights groups considered
child marriage a significant problem in parts of the country,
particularly in rural areas, although child marriage is against the
law. Girls, sometimes as young as nine-years-old, were married to older
men due to religious, economic, and cultural reasons.
Women's rights groups highlighted infanticide, usually due to
poverty or embarrassment, as a continuing problem. Domestic workers or
women from villages working in cities who became pregnant sometimes
killed their babies, since they could not care for them. Others, who
were married to men working outside the country, killed their infants
out of shame. In some cases, the families of the women shamed them into
killing their own babies. Methods ranged from burying them alive,
putting them in septic tanks, or simply abandoning them along the road.
When the identity of the mother was discovered, the police arrested and
prosecuted her.
Many children were displaced due to the Casamance conflict and
often lived with extended family members, neighbors, in children's
homes, or on the streets. The Government lacked adequate resources to
effectively support these children. According to NGOs in the Casamance,
displaced children suffered from the psychological effects of conflict,
malnutrition, and poor health. According to UNICEF there were an
estimated 100,000 talibe boys and 10,000 street children.
Trafficking in Persons.--The constitution and law prohibit
trafficking in persons; however, persons were trafficked to, within,
and from the country. Laws that prohibit pimping and kidnapping can be
used in some trafficking cases.
Trafficking in and through the country was significant, especially
with regard to child begging. Talibes were trafficked from neighboring
countries, including The Gambia, Mali, Guinea, and Guinea-Bissau, and
internally to participate in exploitive begging for some Koranic
schools.
Young girls were trafficked from villages in the Diourbel, Fatick,
Kaolack, Thies, and Ziguinchor regions to urban centers for work as
underage domestics.
Young girls from both urban and rural areas were involved in
prostitution, which NGOs stated involved an adult pimp to facilitate
commercial sex transactions or provide shelter. Young boys also were
involved in prostitution, particularly to support their families.
The country was believed to be a transit point for women en route
to Europe for sexual purposes.
Under the law, those who recruit, transport, transfer, or harbor
persons, whether by means of violence, fraud, abuse of authority, or
otherwise for the purposes of sexual exploitation, labor, forced
servitude, or slavery are subject to punishment of five to 10 years'
imprisonment and a fine of five to 20 million CFAF (approximately
$10,000 to $40,000). When the crime involves torture, barbarism, the
removal of human organs, or exposing the victim to a risk of death or
injury, prison terms range from 10 to 30 years. The Government did not
effectively enforce the law. There was no available data as to who were
principal traffickers.
The human rights commissioner and the family ministry were the
Government coordinators on human trafficking issues.
Most government efforts to combat trafficking in persons were
centered in the Ministry of Women, Family, Social Development, and
Women's Entrepreneurship. The ministry operated the Ginddi Center in
Dakar, a children's center where child trafficking victims received
nutritional, medical, and other assistance. The center accommodated
children from The Gambia, Mali, Guinea-Bissau, and Guinea. The center
also operated a toll-free child protection hot line that fielded many
calls. With assistance from a foreign government, the police have
established a trafficking-in-persons database. There were no government
programs to protect or assist trafficked women.
The State Department's annual Trafficking in Person's Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or the provision of other state services, and the
Government effectively enforced it. The law also mandates accessibility
for persons with disabilities; however, there was a lack of
infrastructure to assist them. The Ministry of National Solidarity is
responsible for protecting the rights of persons with disabilities.
The law reserves 15 percent of new civil service positions for
persons with disabilities. However, according to the Senegalese
National Association of People with Physical Disabilities, the National
Assembly must pass a pending implementation bill to make the law
operational. The Government operated schools for children with
disabilities, provided grants for persons with disabilities to receive
vocational training, and managed regional centers for persons with
disabilities to receive training and funding for establishing
businesses.
Several government programs, which appeared to be earmarked for
persons with disabilities, offered services to other vulnerable
populations, reducing resources for persons with disabilities. Due to a
lack of special education training for teachers and a lack of
facilities accessible to children with disabilities, only approximately
40 percent of such children were enrolled in primary school.
During the year the Government completed construction of five
multipurpose social centers in the country as part of its five-year
national program for community- based rehabilitation of persons with
disabilities.
During the year the Association of Handicapped Students of the
University of Dakar demanded better living conditions, noting that many
of their members had to abandon their studies due to poor lodging and
working conditions. The 210 students of the university lived six
persons to a room that was built to house two. In March the Association
of Female Handicapped of MBour denounced the stigmatization they
suffered from employment discrimination and mobility problems.
The following May 2006 cases remained pending at year's end: the
rape of a 16-year-old deaf and mute girl in Thiaroye, and the rape of a
15-year-old girl with disabilities in Yeumbeul.
National/Racial/Ethnic Minorities.--While the country's many ethnic
groups have coexisted relatively peacefully, interethnic tensions
between Wolofs and southern ethnic groups played a significant role in
the long-running Casamance rebellion that was characterized by grievous
human rights abuses.
Other Societal Abuses and Discrimination.--As a result of both
government and NGO HIV/AIDS awareness campaigns, persons with HIV or
AIDS were increasingly accepted in society.
Homosexuality, which is indirectly referred to in the law as
``unnatural sexual intercourse,'' is a criminal offense. This article
of the criminal code has been used to prosecute homosexuals.
Homosexuals faced widespread discrimination, social intolerance, and
acts of violence.
On February 2, the DIC arrested Pape Mbaye, a well-known homosexual
entertainer, and five of his friends after a magazine published photos
of Mbaye attending a 2006 homosexual marriage ceremony. Mbaye was
jailed for five days before being released. He was not formally
charged, and his friends also were released after they threatened to
identify influential persons as being homosexual. After police and
Ministry of the Interior officials reportedly told Mbaye that they
could not protect him against subsequent societal harassment, Mbaye
fled to Ziguinchor and The Gambia. Mbaye returned to Dakar on May 16,
and the NGO RADDHO took up his case. On June 9, authorities issued
Mbaye a passport and he later left the country.
On February 15, the Government did not authorize an attempt by an
Islamic group to stage an antigay demonstration at the Grand Mosque of
Dakar.
On April 2, three homosexuals reportedly were attacked in
Ziguinchor. One of them was severely injured and taken to a hospital.
No arrests occurred by year's end.
On August 12, a mob attacked a suspected homosexual man in the
Dakar suburb of Patte D'Oie. The man sustained injuries and was treated
at a hospital. No arrests occurred by year's end.
On December 19, police raided the home of Diadji Diouf, the
director of AIDES Senegal, an NGO provides HIV prevention services. The
police arrested Diouf and seven men; they remained in custody at the
end of the year.
Section 6. Worker Rights
a. The Right of Association.--By law, all workers, except security
forces, including police and gendarmes, customs officers and judges,
are free to form and join unions, and workers exercised this right in
practice. However, the labor code requires the interior minister to
give prior authorization before a trade union can exist legally. The
Government can also dissolve trade unions by administrative order, but
did not do so during the year. The labor code does not apply to the
agricultural or informal sectors, and thus the majority of the
workforce. Approximately 4 percent of the workforce was employed in the
private industrial sector, of which 40-50 percent belonged to unions.
The law provides for the right to strike, and workers exercised
this right; however, there were significant restrictions. The law
states that workplaces may not be occupied during a strike. Several
strikes were staged during the year by transportation, health,
education, bakery, and waste collection workers. Unions representing
members of the civil service must notify the Government of their intent
to strike at least one month in advance; private sector unions must
notify the Government three days in advance.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. The law provides for the
right to collective bargaining, and it was freely practiced everywhere
but in private security companies. Collective bargaining agreements
applied to approximately 44 percent of union workers.
Antiunion discrimination is prohibited by law; and no antiunion
discrimination occurred during the year.
There are no special laws or exemptions from regular labor laws in
the country's one export processing zone.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, such
practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law bans the exploitation of child labor, and there are regulations on
child labor that set the minimum working age, working hours, working
conditions, and bar children from performing particularly dangerous
jobs; however, child labor was a problem. Most child labor occurred in
the informal economy where labor regulations were not enforced.
Economic pressures and inadequate educational opportunities often
pushed rural families to emphasize labor over education for their
children.
The minimum age for employment was 15; however, children under the
age of 15 continued to work in traditional labor sectors, particularly
in rural areas where there was no enforcement of child labor laws.
In August the Government's National Agency of Demography and
Statistics published a national child labor survey which measured the
economic activities of children during the prior 12 months. According
to the survey 1,378,724 of the country's 3,759,074 children between the
ages of five and 17 years worked. Child labor was especially common in
the regions of Tambacounda, Louga, and Fatick. Child labor is prevalent
in many informal and family-based sectors such as agriculture, fishing,
artisanal gold mining, garage mechanics, and metal and wood working
shops.
Many religious instructors in Koranic schools brought young boys
from rural villages to urban areas and held them under conditions of
servitude, forcing them to beg on a daily basis in unsanitary and
dangerous conditions or work in the agriculture sector under the threat
of physical punishment.
One particularly egregious area of child labor was in the mining
and rock quarry sector. Child gold washers, mostly between the ages of
10 and 14, worked approximately eight hours a day without training or
protective equipment. Children worked long hours in rock quarries,
crushing rock, and carrying heavy loads without protection. Both types
of work resulted in serious accidents and long-term illness.
According to an October 2007 government survey, 90 percent of
children in Kaolack, Fatick, and Ziguinchor carry out tasks detrimental
to their health and education. The study also found that 75 percent of
girls were responsible for domestic chores, leading to many dropping
out of school.
The labor ministry and social security inspectors were in charge of
investigating and initiating lawsuits in child labor cases. Inspectors
can visit any institution during work hours to verify and investigate
compliance with labor laws and can act on tips from trade unions or
ordinary citizens. In practice inspectors did not initiate visits
because of a lack of resources and relied on unions to report
violators. Labor inspectors closely monitored and enforced minimum age
rules within the small formal-wage sector, which included state-owned
corporations, large private enterprises, and cooperatives. However,
there were no statistics available on the number of violations found.
The Government has raised awareness of the dangers of child labor
and exploitive begging through seminars with local officials, NGOs, and
civil society. The Government also participated in a project funded by
a foreign government to withdraw 3,000 children from and prevent 6,000
others from entering exploitive child labor in agriculture, fishing,
begging, and domestic service. The Government also participated in an
ILO project to combat child labor.
To reduce the incidence of exploitive begging, the Ministry of
Women, Family, Social Development, and Women's Entrepreneurship is
implementing a program to help support 48 Koranic schools whose
teachers do not force their students to engage in begging.
e. Acceptable Conditions of Work.--The national minimum wage was
209 CFAF (approximately $0.42) per hour, which did not provide a decent
standard of living for a worker and family. The Ministry of Labor was
responsible for enforcing the minimum wage. Labor unions also acted as
watchdogs and contributed to effective implementation of minimum wage
in the formal sector. The minimum wage was not respected in the
informal sector, especially for domestic workers.
Within the formal sector, the law mandates for most occupations a
standard workweek of 40-48 hours with at least one 24-hour rest period,
one month per year of annual leave, enrollment in government social
security and retirement plans, safety standards, and other measures;
however, enforcement was irregular. The law does not cover the informal
sector. Premium pay for overtime was required in the formal sector.
While there are legal regulations on workplace safety, they often
were not enforced. There is no explicit legal protection for workers
who file complaints about unsafe working conditions. Workers, including
foreign or migrant workers, had the right to remove themselves from
situations that endangered health or safety without jeopardy to their
employment; however, it was seldom exercised due to high unemployment
and a slow legal system. The Ministry of Labor, through the Labor
Inspection Office, enforced labor standards. However, labor inspectors
had very poor working conditions and lacked transportation to conduct
their mission effectively.
__________
SEYCHELLES
Seychelles is a multiparty republic of approximately 82,000
citizens. In 2006 voters elected President James Michel, who assumed
power in 2004 when former president France Albert Rene resigned.
International observers deemed the process credible, although there
were complaints of unfair campaign practices. The president and the
Seychelles People's Progressive Front (SPPF) dominated the country
through a pervasive system of political patronage and control over
government jobs, contracts, and resources. The May 2007 National
Assembly elections did not result in any change in the balance of power
between the ruling SPPF and the opposition Seychelles National Party
(SNP). Civilian authorities generally maintained effective control of
the security forces.
The Government generally respected the human rights of its
citizens. However, the following human rights problems were reported:
prolonged pretrial detention; abuse of detainees; arbitrary arrest and
detention; an inefficient and politically influenced court system;
restrictions on speech, press, and assembly; official corruption;
violence against women and children; violations of and restrictions on
labor rights; and discrimination against foreign workers.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--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, but
police and prison officers were accused of inhumane treatment of
detainees.
On April 11, Le Nouveau Seychelles Weekly reported that Special
Support Unit (SSU) police officers beat and robbed 10 youths after they
had been asked to kneel and pray. The 10 young persons spent the night
in a police cell and were released without charges the following day.
On May 1, Le Nouveau Seychelles Weekly reported that five soldiers
arrested eight persons and handed them over to Central Police Station
officers, who beat the detainees. One individual passed out from the
beatings and was transferred to the hospital. Authorities charged the
man with threatening violence and fined him SRS 500 (approximately $63)
before releasing him the next day.
On July 15, Italian Life, an online Italian magazine, and local
newspapers reported that prison guards and other detainees at the
Montagne Posee Prison physically abused and extorted money from an
Italian prisoner awaiting trial. The prisoner subsequently was tried
and sentenced to one year in prison; he was released on August 16
following completion of his prison sentence, which was reduced to
reflect time served before sentencing.
On August 6, Regar, a local newspaper, reported that four police
officers assaulted a man, sprayed him with tear gas, and took him to
the Central Police Station where he was beaten. He was held overnight
at Beau Vallon Police Station and released without charges the
following morning.
The Seychellois Muslim detainee who had his beard shaved and was
allegedly abused physically by prison guards in July 2007 reported no
further discrimination since an imam visited prison authorities in
April.
Prison and Detention Center Conditions.--Detention centers included
the Grand Police High Security Prison for violent inmates and the
Montagne Posee Prison for all other prisoners and those awaiting trial
or sentencing. In June 2007 the Grand Police High Security Prison began
transitioning all inmates to the newly opened Montagne Posee Prison.
This transition was completed in August 2007, and the Grand Police High
Security Prison was shut down, effectively leaving Montagne Posee
Prison as the only prison. Prison officials stated that staff shortages
forced guards to limit prisoner time outside their cells. The new
facility housed high security and ordinary prisoners, including female
prisoners, as well as those in pretrial detention. The prison, which
had a maximum capacity of 400, held 305, including 185 men in pretrial
detention and seven women. Male and female prisoners were held
separately; however, remand prisoners were still kept with convicted
criminals. On September 18, there were reports from foreign observers
of hygienic problems at the prison. On a November 25 prison visit,
foreign observers noted that there were inadequate sanitation
facilities as a result of irregular water supply. On December 16, Le
Nouveau Seychelles Weekly reported that prisoners held hunger strikes
to protest against the hygiene and sanitation conditions, as well as
food shortages. The same newspaper reported that on November 17, a
South African prison consultant beat unconscious a prisoner who was
later taken to hospital for treatment.
The Government generally permitted independent monitoring of prison
conditions by local and international human rights groups; however, on
September 10, authorities denied a visit request by diplomatic
observers. An Internal Affairs official said that the decision was due
to the alleged absence of the prison superintendent. During the year
the International Committee of the Red Cross (ICRC) did not make any
request for prison visits.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, the Government did
not always observe these prohibitions (See Section 1.c.).
On August 6, four police officers reportedly assaulted and sprayed
a man with tear gas; he was taken to the police station, beaten again,
held overnight, and released without charges.
On April 11, Special Support Unit (SSU) police officers reportedly
beat and robbed 10 youths, who spent the night in a police cell and
then were released without charges.
Role of the Police and Security Apparatus.--The president has
complete control over the security apparatus, which includes the
National Guard, the Seychelles People Defense Forces (SPDF), the
Presidential Protection Unit, the Coast Guard, and the police. The
police commissioner, who reports directly to the president, commands
the unarmed police and the armed paramilitary Police Mobile Unit, which
together have primary responsibility for internal security. When
necessary, police were assisted by the SPDF on matters of internal
security. In February 2007 authorities incorporated the SSU, a division
of the police force formerly responsible for crowd and riot control,
into the Public Security Support Wing, as part of a restructuring
program of the Police Department.
Corruption remained a problem. The Enquiry Board, a police
complaint office, existed but was rarely used. In practice private
attorneys filed complaints or published them in the opposition party
newspapers Regar and Le Nouveau Seychelles Weekly. Although human
rights is included as a core precept in officer training, such training
was limited in practice.
Arrest and Detention.--The constitution and law provide that
persons arrested must be brought before a magistrate within 24 hours,
with allowances for boat travel from distant islands; however, police
did not always respect this requirement. The constitution and law also
provide for detention without charge for up to seven days if authorized
by court order, and police generally respected this provision.
Detainees have the right to legal counsel. Free counsel is not a legal
right, but courts usually provided it to the indigent. Courts provided
bail for most offenses. Although warrants are required by law, police
made some arrests and detentions without a warrant.
The constitution provides for remand prisoners to be released after
six months detention if their case had not been heard within that
period; however, prolonged pretrial detention was a problem. Prisoners
often waited more than three years for trial or sentencing due to the
inefficiency of the judicial system. Approximately 36 percent of the
prison population consisted of pretrial detainees.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judiciary was inefficient
and subject to executive influence. Both civil and criminal court cases
generally lasted years. There were no reports of judicial corruption,
although there was a widespread public perception that some judges were
corrupt.
The judicial system includes magistrates' courts (or small-claims
courts), the Supreme (or trial) Court, the Constitution and Law Court,
and the Court of Appeal.
One supreme court judge, one appeals court judge, and two
magistrate court judges were citizens of the country by birth. All
others were either naturalized citizens or citizens of other
Commonwealth countries. The bar association criticized the Government
for not advertising domestically that judicial positions were
available. Critics widely believed that some foreign justices bent to
the will of the executive branch due to fear of deportation.
Several justices of the peace were responsible for small-claims
cases, and there were allegations that many of the justices were
appointed because of their affiliation with the SPPF.
An 18-member, part-time family tribunal heard and decided all
matters relating to the care, custody, access, and maintenance of
children, except paternity cases, which remained under the courts. The
Government empowered the family tribunal to offer protection orders to
victims of family violence. Most members of the tribunal were not
legally trained and were affiliated with the SPPF.
Trial Procedures.--Defendants have the right to a fair public
trial, and trials were public in practice. A magistrates' court or the
Supreme Court heard criminal cases, depending on the gravity of the
offense. Cases involving murder or treason use juries. Defendants are
considered innocent until proven guilty. Defendants have the right to
be present at their trial, to confront witnesses, and to appeal. The
constitution makes provision for defendants to present evidence and
witnesses and cross-examine witnesses in court. The law provides for
defendants to consult with an attorney in a timely manner. Defendants
have the right to access government-held evidence; however, in
practice, such requests are often delayed. The above rights are enjoyed
equally by all citizens.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent and impartial judiciary in civil matters;
however, the judiciary was inefficient and subject to executive
influence.
There is no institution to examine cases of human rights abuses.
However, citizens have turned to the Ombudsman Office to investigate
human rights abuses and to seek redress for other issues.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
However, there remained widespread suspicion of government monitoring
of private communication without legal process.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government did not
respect these rights in practice. The law provides restrictions ``for
protecting the reputation, rights, and freedoms of private lives of
persons'' and ``in the interest of defense, public safety, public
order, public morality, or public health.'' As a result, civil lawsuits
could be filed to penalize journalists for alleged libel. Journalists
practiced self-censorship.
Individuals could not criticize the Government publicly or
privately for fear of reprisal. On November 5, the editor of Le Nouveau
Seychelles Weekly was arrested and detained in a police cell, after he
publicly spoke against the Government's economic reforms using a
speakerphone. On November 6, police interrogated him and searched the
newspaper's building and the editor's house for the speakerphone. He
was released the same day without charge.
The only daily newspaper was the Government-owned Nation, which
generally supported government policies, gave limited attention to the
opposition, and generally ignored news that reflected adversely on the
Government. There were three weekly political party newspapers: Regar,
The People, and Le Nouveau Seychelles Weekly.
The law allows the minister of information technology to prohibit
the broadcast of any material believed to be against the ``national
interest'' or ``objectionable.'' The law also requires
telecommunications companies to submit subscriber information to the
Government.
Unlike in previous years, there were no reports that security
agents harassed employees of Le Nouveau Seychelles Weekly.
The Government owns the only television station and all radio
stations. The law allows for independent radio and television, but the
licensing fee of approximately 800,000 rupees (approximately $51,480)
per year discouraged the opening of any independent outlets. Following
the 2006 elections, the opposition Seychelles National Party (SNP)
collected funds for the radio licensing fee and announced plans to
apply for a license. The National Assembly subsequently passed an
amendment to the Broadcasting and Telecommunications Act that prevents
political parties and religious groups from obtaining radio licenses.
In 2007 the president established a law and order committee in
response to a 2006 SNP demonstration against the amendment to the
Broadcasting and Telecommunications Act. The committee, composed of
government officials, representatives of opposition parties, and
members of the clergy, by year's end had not made recommendations on
the amendment to the Telecommunications Act.
Internet Freedom.--There were no government restrictions on access
to the Internet; however, there were reports that the Government
monitored e-mail and Internet chat rooms. Individuals and groups
engaged in the peaceful expression of views via the Internet, including
by e-mail. Internet access was widely available to the public.
Academic Freedom and Cultural Events.--Opposition activists claimed
that the Government limited academic freedom by reportedly not allowing
academic professionals to reach senior positions in the academic
bureaucracy without demonstrating at least nominal loyalty to the SPPF.
The Government controlled faculty appointments to the Polytechnic, the
most advanced learning institution; there were no universities.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly and
association; however, the Government did not always respect it.
Freedom of Association.--The constitution and law provide for
freedom of association; however, the Government did not always respect
this right. There were complaints that government officials intimidated
and even dismissed civil servants who participated in opposition
political party activities.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
Other Societal Abuses and Discrimination.--The Jewish community
numbered fewer than 10 persons, and there were no reports of anti-
Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. Although it was not used during the year, the law allows the
Government to deny passports to any citizen if the minister of defense
finds that such denial is ``in the national interest.''
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--The law provides for the granting of
refugee status or asylum in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, but the
Government has not established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened.
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 the
2007 National Assembly election and the 2006 presidential elections,
both deemed credible by international observers.
Elections and Political Participation.--On July 19, an SNP
candidate won a national assembly by-election by an 87 percent margin.
Prior to the vote, the SPPF leader, former president France Albert
Rene, called on voters to boycott the by-election, and only candidates
from the SNP and the Democratic Party (DP) contested the election.
There were reports that SPPF partisans harassed opposition supporters
in the days prior to the voting, and both the SNP and DP filed
complaints with the Electoral Commissioner's Office.
The 2007 national assembly elections produced no change in the
balance of power between the ruling SPPF and the opposition SNP.
International observers found the elections to be credible. Minor
complaints of electoral irregularities were filed with the electoral
commissioner.
In 2006 approximately 88 percent of eligible voters elected
incumbent and SPPF presidential candidate James Michel with 54 percent
of the vote. International observers characterized the electoral
process as credible and well-organized; however, campaign and electoral
practices reportedly were not fair.
The ruling SPPF, which assumed power in a 1977 coup, continued to
use its political resources and those of the Government to develop and
maintain a nationwide organization that extended to the village level.
There were reports that SPPF membership conferred business and
political advantage; for example, some members of opposition parties
claimed that they lost their government jobs because of their political
affiliation and were at a disadvantage when applying for government
licenses and loans. On June 8, the Immigration Division of the Internal
Affairs Department terminated a Russian citizen's residence permit,
even though she did not violate any laws and was gainfully employed.
The decision to expel the Russian citizen and prohibit her reentry was
maintained even though the court of appeal struck down the Immigration
Division's ruling. Local press reports, civil society members, and
opposition leaders allege that the Russian citizen was being treated
unfairly due to her husband's SNP membership.
There were 10 women in the 34-seat National Assembly, seven elected
by direct election and three by proportional representation. Following
the July cabinet reshuffle, there were two women in the cabinet.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials sometimes engaged in
corrupt practices with impunity. The World Bank's 2008 Worldwide
Governance Indicators reflected that corruption was a problem. There
were reports of rewards to SPPF supporters in the form of job
assistance, land distribution, free building materials, and monetary
payments. An ombudsman has legal authority to investigate and report on
allegations of official fraud and corruption. He investigated
approximately 90 cases during the year involving problems such as labor
law litigation, allegations of fraud and corruption, human rights
abuse, and land and property disputes.
The liquidation and subsequent sell-off of the Plantation Club,
formerly the country's second largest hotel, raised suspicions of
government corruption among many local press outlets and business
institutions, including the chamber of commerce. The former owner of
the hotel claimed that he was threatened into selling the hotel by a
businessman with ties to the Government. On September 4, the person who
is now chief justice ordered the hotel sold, and the local press
speculated that the Government appointed the chief justice to his
position because of his order. The purchasers of the hotel were the
lowest bidder, a newly formed group allegedly led by the same
businessman with close government ties who threatened the previous
owner.
There are laws allowing public access to government information,
although the Government did not enforce them, and citizens routinely
did not have access to such information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A small number of international human rights nongovernmental
organizations (NGOs) and one domestic human rights group, the Centre
for Rights and Development (CEFRAD), generally operated without
government restriction, investigating and publishing their findings on
human rights cases. Government officials were generally cooperative and
responsive to the views of international NGOs; however, cooperation
with CEFRAD, which was perceived as being aligned with the opposition,
was limited. For example, the Government refused to permit CEFRAD and
other local groups to observe the 2006 presidential election or the May
2007 legislative elections.
A government-run National Humanitarian Affairs Committee (NHAC)
operated with a range of members from both civil society and the
Government. The ICRC acted as a technical adviser to the NHAC.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law affirm the right to be free from all types
of discrimination but do not prohibit discrimination based on specific
factors. In practice there was no overt discrimination in housing,
employment, education, or other social services based on race, gender,
ethnicity, nationality, or disability.
Women.--Rape, spousal rape, and domestic abuse are criminal
offenses punishable by a maximum of 20 years' imprisonment. The
Government enforced the law effectively. During the year the Family
Tribunal registered 186 domestic violence complaints. The police
registered five rape cases for the year. The Social Affairs Division of
the Ministry of Health and Social Development, and Women in Action and
Solidarity Organization, a local NGO, provided counseling services to
rape victims. During the year one sexual abuser was prosecuted, but had
not been convicted by year's end.
Domestic violence against women was a continuing problem. Police
rarely intervened in domestic disputes unless it involved a weapon or
major assault. The authorities often dismissed the few cases that
reached a prosecutor, or the court gave the perpetrator a light
sentence. On July 16, the Ministry of Health and Social Development
launched the 2008-12 National Strategy Plan on Domestic Violence. A
local NGO, GEMSA Plus Seychelles, carried out three information
sessions with 20 civil society representatives on the domestic violence
strategy plan in order to raise awareness of the issue.
Prostitution is illegal but remained prevalent. Any person found
guilty of prostitution is liable to imprisonment for two years. Police
generally did not apprehend prostitutes unless their actions involved
other crimes.
The law prohibits sexual harassment but was rarely enforced. The
Penal Code does not provide any penalty for persons found guilty of
sexual harassment; however, the court can order a person accused of
sexual harassment to keep a bond of peace.
Women enjoyed the same rights as men. The society is largely
matriarchal. Unwed mothers are the societal norm, and the law requires
fathers to support their children. There was no officially sanctioned
discrimination in employment, and women were well represented in
business. There is no economic discrimination against women in
employment, access to credit, equal pay for equal work, or owning or
managing a business. Inheritance laws do not discriminate against
women.
Children.--The Division of Social Affairs in the Ministry of Health
and Social Development worked to protect children's rights, and in
practice it was somewhat effective.
The Government requires children to attend school through the 10th
grade and made tuition-free public education available through the
secondary level until age 18.
The law prohibits physical abuse of children; however, child abuse
was a problem and was rarely reported. Sexual abuse of children,
usually perpetrated by stepfathers and older brothers, was a problem.
Rape of girls under the age of 15 continued to be a problem, according
to the Ministry of Health and Social Development. Authorities
prosecuted very few child abuse cases in court due to lack of efficient
working relations among government agencies and departments. The
strongest public advocate for young victims was a semiautonomous
agency, the National Council for Children.
The age of consent for marriage is 15 years. Girls were not allowed
to attend school when they were pregnant, and many did not return to
school after the birth of a child.
There were no reports of street children.
Trafficking in Persons.--The law prohibits trafficking in persons,
and there were no reports that persons were trafficked to, from, or
within the country.
Persons With Disabilities.--The constitution and law provide for
the right of persons with disabilities to special protection, including
reasonable provisions for improving the quality of life; however, there
were no laws providing for access to public buildings, transportation,
or state services, and the Government did not provide such access for
persons with disabilities. There was no discrimination reported against
persons with disabilities in housing, employment, or education, or in
the provision of other state services.
Other Societal Abuses and Discrimination.--There were no reports of
discrimination based on sexual orientation.
There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers with the
right to form and join unions of their choosing; however, police,
military, prison, and fire fighting personnel may not unionize. The law
is silent regarding the rights of foreign or migrant workers to join a
union. Some citizens were reluctant to join the Seychelles National
Trade Union (SNTU), a nongovernment-sponsored labor union, due to fear
of government reprisal. Unions organized between 15 and 20 percent of
the workforce.
The Seychelles Federation of Workers Union (SPPF-associated) is the
only trade union in active operation; the SNP-associated SNTU ceased
operations in February 2007. Despite the legal provisions allowing
workers to form and join unions, membership in the SNTU had continued
to decrease because workers feared losing their jobs. The SNTU claimed
that employers did not reinstate workers fired for union activity.
Strikes are illegal unless arbitration procedures are first
exhausted. Observers noted that the Industrial Relations Act provisions
regarding the holding of strikes hinder unions' right to strike.
b. The Right to Organize and Bargain Collectively.--The law allows
for unions to organize and conduct their activities without
interference. The law provides workers with the right to engage in
collective bargaining, but this seldom occurred. The Government has the
right to review and approve all collective bargaining agreements in the
public and private sectors. There was little flexibility in setting
wages. In the public sector, which employed over 50 percent of the
labor force, the Government set mandatory wage scales for employees.
The employer generally set wages in the private sector through
individual agreements with the employee, but the Government set wage
rates in the few larger businesses.
The law authorizes the Ministry of Employment and Human Resource
Development to establish and enforce employment terms, conditions, and
benefits, and in practice workers frequently obtained recourse against
their employers through the ministry.
Unions engaged in collective bargaining in the private sector;
however, observers noted that private sector employers were reluctant
to do so.
The law prohibits antiunion discrimination, and there were no
reports of it during the year.
There was one export processing zone, the Seychelles International
Trade Zone (SITZ), with 25 participating companies. Only the Seychelles
Trade Zone Act applied in the SITZ, and the Government did not require
the SITZ to adhere to labor, property, tax, business, or immigration
laws.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law states that the minimum age for employment is 15, ``subject to
exceptions for children who are employed part-time in light work
prescribed by law without harm to their health, morals, or educatio.'';
in practice the Government followed these requirements. It is otherwise
a criminal offense punishable by a fine of 6,000 rupees (approximately
$386) to employ a child under the age of 15. The Ministry of Employment
and Human Resource Development enforced child labor laws. The ministry
handled such complaints within its general budget and staffing and did
not report any case requiring investigation. No children were found
working in the fishing, tourism, agricultural, boat building, and
processing industries, as the Ministry of Education carried out regular
checks to ensure that children were actually attending school.
e. Acceptable Conditions of Work.--There is no official private
sector minimum wage. The Government encouraged but did not require the
private sector to grant the minimum public sector wage. As of 2006 the
minimum public sector wage was 2,325 rupees (approximately $149) per
month. Even with free public services, primarily health care and
education, a single salary at the low end of the pay scale did not
provide a decent standard of living for a worker and family. Private
employers generally paid higher wages than the Government to attract
qualified workers.
The legal maximum workweek varied from 45 to 55 hours, depending on
the economic sector; in practice some workers worked up to 60 hours per
week. Government employees worked fewer hours. Regulations entitled
each full-time worker to a 30-minute break per day and a minimum of 21
days of paid annual leave. The Government permitted workers to work
overtime up to 60 additional hours per month. The Government generally
enforced these regulations. The law requires premium pay for overtime
work.
Foreign workers-mainly employed in the construction and commercial
fishing sectors-did not enjoy the same legal protections as citizens.
Companies sometimes paid foreign workers lower wages, forced them to
work longer hours, and provided them with inadequate housing.
The Ministry of Health and Social Development has formal
responsibility for drafting the Government's comprehensive occupational
health and safety regulations, and the ministry enforced these
standards, although safety and health inspectors rarely visited job
sites. Occupational injuries were most common in the construction,
marine, and port industries. The law has been amended to allow workers
to remove themselves from dangerous or unhealthy work situations,
report the employer to the Health and Safety Commission, and seek
compensation without jeopardizing their employment.
__________
SIERRA LEONE
Sierra Leone is a constitutional republic with a directly elected
president, a unicameral legislature, and a population of approximately
six million. In peaceful presidential and parliamentary elections held
in August and September 2007, the opposition All People's Congress
(APC) won a majority in parliament, and citizens elected party leader
Ernest Bai Koroma president. Domestic and international observers
characterized the elections as credible and free but noted
irregularities that did not affect the outcome. In 2002 the devastating
11-year civil conflict officially ended, and the Government, backed by
a United Nations peacekeeping force (UNAMSIL), asserted control over
the whole country. In 2004 UNAMSIL handed responsibility for security
countrywide to the Republic of Sierra Leone Armed Forces (RSLAF) and
Sierra Leone Police (SLP). In 2005 UNAMSIL withdrew all remaining
peacekeepers and transferred nonpeacekeeping responsibilities to a
follow-on peacebuilding UN mission (UNIOSIL). In September UNIOSIL's
mandate ended, and the UN Integrated Peacebuilding Office in Sierra
Leone (UNIPSIL) was established to support government institutions and
monitor and protect human rights and the rule of law. Civilian
authorities generally maintained effective control of the security
forces.
The Government generally respected the human rights of its
citizens. However, there were serious problems in a number of areas,
including: security force abuse and use of excessive force with
detainees, including juveniles; police theft and extortion; harsh
conditions in prisons and jails; official impunity; arbitrary arrest
and detention; prolonged detention, excessive bail, and insufficient
legal representation; restrictions on freedom of speech and press;
forcible dispersion of demonstrators; harassment of opposition party
supporters by ruling party members; widespread official corruption;
societal discrimination and violence against women; female genital
mutilation (FGM); child abuse; trafficking in persons, including
children; and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that security and police forces used excessive
force, and stole, extorted, and demanded bribes. The Corporal
Punishment Act allows up to 36 lashes as punishment. Although NGO
sources state that such incidents occurred less frequently than
previous years, prison guards reportedly beat prisoners with impunity.
In July an inmate was severely beaten by a prison warden and was
taken to the hospital for medical attention. No action was taken
against the warden.
No action was taken in any of the 2007 cases involving police use
of excessive force.
The trial of the police officer who raped a 10-year-old Liberian
refugee in 2006 concluded, but no details were available at year's end.
Police use of excessive force to disperse demonstrators resulted in
injuries.
In August police and security officials forcibly dispersed a crowd
of protestors at the State House, resulting in several journalists
being injured. A joint investigation between police and journalists
resolved the matter with the journalists receiving compensation.
During the year men and women were forcibly initiated into tribal
secret societies, a process that for women usually involved FGM.
Vigilante violence was common in urban areas, particularly for
suspected thieves and unsettled debts. Suspected thieves were often set
upon by crowds. In March a thief was murdered by a mob in Eastern
Freetown. At year's end no one had been charged for the crime.
There were several reports that Guinean troops along the eastern
border harassed local residents.
Prison and Detention Center Conditions.--Prison conditions were
harsh and sometimes life threatening. Overcrowding was a major problem.
The Pademba Road Prison, which was designed to house 324 prisoners,
held 1,229, according to Prison Watch, a local independent
organization. In some cases, cells measuring six feet by nine feet
housed nine prisoners. According to UNIOSIL's 2007 assessment of
prisons, corporal punishment, solitary confinement, reduction in diets,
loss of visits, and loss of exercise were routine disciplinary
measures. In Kabala and Port Loko Prisons, UNIOSIL reported that
officers in charge were present when guards beat inmates with canes and
plastic water pipes. While such practices continued, nongovernmental
organizations (NGOs) reported that training and monitoring resulted in
a reduction of such incidents.
Human rights observers reported that detention conditions
frequently fell below minimum international standards because of
overcrowding, lack of access to food, unhygienic conditions, and
insufficient medical attention. Prison cells often lacked proper
lighting, bedding, ventilation, and protection from mosquitoes.
Few prisoners had access to adequate medical facilities, and
clinics lacked supplies and medical personnel. Only patients with
emergency situations were allowed to visit the clinic outside of the
assigned schedule. Women were treated as outpatients or were referred
to the local hospitals for special care. However, prisoners often were
refused treatment or received inferior care from doctors and nurses in
these hospitals because of the social stigma associated with assisting
criminals.
Prison Watch reported that there was a shortage of prison staff,
and sometimes officers were not paid regularly. Consequently, guards
provided only minimal security, and abuse of prisoners and prison
breaks occurred. Prison Watch received reports that prison guards sold
prisoner food rations to supplement their meager salaries.
Conditions in holding cells in police stations were poor,
especially in small stations outside Freetown. Cells were dark with
little ventilation. However, overcrowding in some police cells improved
during the year due to magistrate judges deployed to the districts to
process cases.
Twenty-six prisoner deaths occurred during the year, allegedly as a
result of acute malnutrition, lack of hygienic conditions, malaria, and
heart failure.
Men and women were held in separate cells; however, in many of the
prisons, men and women were held in the same block and shared
facilities. During the year the Pademba Road and Kenema Prisons held
several infants, most of whom were born in the prison and continued to
be detained there with their mothers. While the women's section of the
prison in Pademba Road was significantly less crowded with better
facilities than the male section, officials detained together persons
being tried for petty and serious offenses; the section had no shower
facilities, no exercise area, and few rehabilitation programs.
While an effort was made to prevent juveniles from being detained
with adults, minors were regularly imprisoned with adult offenders in
Pademba, Bo, Makeni, Kambia, Kenema, and Kailahun. Police sometimes
released juveniles suspected of committing crimes to avoid
incarcerating them with adults. At the same time, when questioned by
Prison Watch about detaining juveniles, officers alleged that in some
cases, police officers inflated the ages of juveniles to escape blame
for detaining and prosecuting minors. In the three juvenile facilities,
detainees did not have adequate access to food, education, or
vocational training, and sometimes were unable to attend court hearings
due to lack of transportation. Violence among youth was a problem, and
small riots occurred in some facilities. Juveniles housed with adults
and then moved to age-appropriate facilities were often instigators of
violence, as noted by the Justice Sector Development Program (JSDP).
In most cases pretrial detainees were held with convicted
prisoners. According to Prison Watch, only 200 of the 1,229 prisoners
in Pademba Road Prison had been convicted.
The Government permitted family visits, but according to NGO
reports, family members had to bribe prison guards to visit in some
prisons. The International Committee of the Red Cross (ICRC) provided a
message delivery service that allowed prisoners housed in all district
prisons to communicate with their families on a quarterly basis.
International monitors, including UNIOSIL and the ICRC, had
unrestricted access to the prisons, detention centers, and police
holding cells. Additionally, some NGOs such as Prison Watch, JSDP, and
Lawyers Center for Legal Assistance (LAWCLA) monitored the prisons.
Amnesty International (AI), however, reported that the Government
refused to grant permission to visit any of the prisons despite several
requests.
Since the July incarceration of 21 suspects involved in the
country's largest drug trafficking case, the Government has denied most
requests to visit the Pademba Road Prison.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, government forces
occasionally arrested and detained persons arbitrarily.
Role of the Police and Security Apparatus.--The SLP has primary
responsibility for maintaining internal order but was poorly equipped
and lacked investigative, forensic, and riot control capabilities. The
military is responsible for external security; however, the ``Military
Assistance to the Police Program'' provided additional assistance to
police in extraordinary circumstances, such as during the local
elections.
There were fewer cases of police brutality during the year, but
police corruption was a serious problem, in part exacerbated by low
salaries. There were continued reports that police officers took bribes
at checkpoints, falsely charged motorists with violations, and
impounded vehicles to extort money. Police also accepted bribes from
criminal suspects in exchange for dropping charges or having their
rivals arrested and charged with crimes.
Police were frequently not present or chose not to intervene when
crowds beat alleged thieves. There were numerous instances in which
police refused to make arrests when warranted, or arrested persons
without charge for civil causes, such as alleged breach of contract or
failure to satisfy debt, in exchange for kickbacks.
During the year there were still many who feared the SLP,
particularly traffic officials who were notorious for harassing
motorists, taking bribes at checkpoints, falsely charging motorists
with violations, and impounding vehicles to extort money. Police also
accepted bribes from criminal suspects in exchange for dropping charges
and/or having their rivals arrested and charged with crimes.
According to the JSDP, impunity was less of a problem than in the
past, and there were several mechanisms available to investigate police
abuses. The Police Complaints Commission and the Complaints, Discipline
and Internal Investigations Department (CDIID) heard complaints against
police officers. There was also a Police Council, composed of the vice
president, minister of internal affairs, inspector general, and others
who accepted written complaints against police officers. The CDIID
facilitated all hearings and trials related to police officer
complaints. An appeals process was available. After disciplinary
measures by the CDIID were issued, the SLP officer was subject to the
civilian court if criminal action was involved. SLP newsletter
published disciplinary action against officers.
Between January and July CDIID received 1,273 complaints
countrywide, resulting in at least 176 officers being either dismissed,
demoted, suspended, or officially warned. The other cases were at
various stages of investigation or review. The most common complaints
lodged against police were corruption, unfair treatment, lack of
professionalism, and assault. Cases requiring dismissal of an officer
most commonly involved criminal cases or officers fraudulently posing
as land owners or businessmen to extort money.
Police continued to receive professional, leadership, and human
rights training, and new recruits received a six-month introductory
course before deployment. The SLP retained a full-time UN technical
advisor and a number of UN Civil Police advisors. As a result of
training programs during the year and the introduction of community
policing conducted by the Department for International Development, the
Commonwealth, and the JSDP, professional conduct of the police force
improved.
Until its mandate ended in September, UNIOSIL worked with the JSDP
to implement its strategic plan and develop a training program to
enhance the SLP's capacity to provide security for the presidential and
parliamentary elections.
Arrest and Detention.--The law requires warrants for searches and
arrests in many cases; however, arrest without warrant was common.
According to UNIOSIL's 2007 assessment of prison conditions,
adjournment dates on some warrants were altered and not endorsed by the
magistrate, while other warrants were signed, but not by the presiding
magistrate. Prison Watch and LAWCLA reported that most arrests were
made without warrants and that the SLP rarely followed proper arrest
procedures.
Once arrested, a detainee must be told the reason for arrest within
24 hours, and a case must be charged to court within 72 hours, or in
the case of serious crimes, within 10 days. According to LAWCLA,
remanded prisoners were routinely brought to court on a weekly basis to
be re-remanded to bypass the legal restrictions.
Detainees have the right of access to family and legal
representation; however, due to a lack of financial resources, only 10
percent of inmates had access to legal representation. Lawyers were
generally allowed unrestricted access to detainees; however, during the
year lawyers representing accused drug traffickers in a high-profile
case publicly claimed that they had limited opportunities to meet with
clients. Although the constitution provides for legal aid, there were
only 10 state counsels serving the entire country, and they were only
available for more serious criminal cases. Regular family visits were
permitted with the frequency and duration of the visits varying from
prison to prison. According to NGO reports, however, family members
were required to pay bribes to gain visitation rights.
There were provisions for bail, and there was a functioning bail
system; however, the bail regime was rigorous, excessive, and
inconsistent.
Lengthy pretrial detention was a problem. According to AI, as a
result of case backlogs in the courts, pretrial and remand detainees
spent an average of three to five years in pretrial detention before
courts examined their cases or filed formal charges. Approximately 60
percent of the country's detainees in prison were in pretrial
detention. According to the Open Society Initiative for West Africa,
remand prisoners frequently changed their pleas from ``not guilty'' to
``guilty'' to be removed from the remand section to the better areas of
the prison.
Amnesty.--Unlike in the previous year, the president granted no
amnesties.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
this provision; however, the judiciary at times was subject to
government influence and corruption. The Sierra Leone Bar Association
complained in September that high-level political interference was
impacting the higher and lower courts' decisions, although no specific
cases were cited.
The judicial system consists of the Supreme Court, Court of Appeal,
High Court of Justice, and magistrate courts in each of the 12
districts and the Western Area. There was also one juvenile court. The
president appoints and parliament approves justices for the courts.
Local chieftaincy courts administer customary law with lay judges;
appeals from these lower courts are heard by the superior courts.
The rotation system between wards in specific districts continued
to improve magistrate presence. However, with inexperienced new
magistrates, high court fees, and fewer than 20 lawyers practicing
outside of Freetown, access to justice remained limited for most
citizens.
Traditional justice systems supplemented the central government
judiciary, especially in rural areas. Paramount chiefs maintained their
own police and courts to enforce uncodified local laws, which acted in
parallel with the Government's own civil police and court system.
Chieftaincy police and courts exercised the authority to arrest, try,
and incarcerate individuals, and sometimes abused that power. However,
traditional justice systems improved in rural areas during the year due
to government and NGO training of traditional elders and an influx of
paralegals.
Trial Procedures.--The law provides for a fair trial; however, in
practice, the lack of judicial officers and facilities often produced
long delays. Trials are public, and the accused have a limited right to
a trial by jury in the magistrate courts. Juries were drawn from a list
maintained by the master and registrar of active and retired civil
servants and youth groups; however, the attorney general frequently
exercised his power to determine that cases be heard by a judge alone.
Defendants generally enjoyed a presumption of innocence. While
defendants have the right to be present and to consult with an attorney
in a timely manner, access to counsel often was delayed. The law
provides for attorneys at public expense if defendants could not afford
their own; however, state-appointed attorneys often were overburdened
and poorly paid, and indigent detainees usually did not receive legal
advice prior to trial. Defendants can confront or question witnesses
against them, present witnesses and evidence on their own behalf, and
access government-held evidence relevant to their cases. Trials were
generally fair; however, there was credible evidence that corruption
influenced many cases. A majority of cases on the magistrate level were
prosecuted by police officers, many of whom had little or no formal
legal training. Although the law provides defendants with the right to
appeal, the appeals process was excessively delayed, sometimes over two
years.
Human rights NGOs noted wide disparities in sentencing patterns
from district to district. There were numerous cases in which sentences
imposed were grossly disproportional to the offenses. Many prisoners
were serving excessively long sentences for non-capital offenses, such
as sacrilege (50 years), larceny (25 years), and larceny and burglary
(45 years). Many attributed the inconsistent sentencing to the
defendant's ability to pay a fine or bribe.
Traditional justice systems continued to supplement extensively the
central government judiciary, especially in rural areas, in cases
involving family law, inheritance, and land tenure. However, the
customary law guiding these courts is not codified, and decisions in
similar cases were inconsistent. Paramount chiefs acting as judges were
notorious for accepting bribes and favoring wealthier defendants. Local
chieftains at times exceeded their mandates and administered harsh
punishments.
There are a number of civil laws and customary laws that
discriminate against women, and many traditional courts continued to
ignore the rights of women regarding family law and inheritance.
Trials continued before the Special Court for Sierra Leone (SCSL)
of those bearing the greatest responsibility for crimes against
humanity, war crimes, and other serious violations against
international law committed during the civil war.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Both the central
government judiciary and customary law courts handled civil complaints;
however, corruption influenced some cases and sentencing was
inconsistent. Administrative and judicial remedies were available for
alleged wrongs, but enforcement was difficult. Victims of human rights
abuses have access to the regular courts to seek redress for human
rights violations.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
unlike in the previous year, the Government generally respected these
prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
Freedom of Speech and Press.--The constitution and law provide for
freedom of speech and of the press; however, the Government at times
restricted these rights in practice. Journalists practiced self-
censorship.
The Government rarely attempted to impede criticism. However,
reporting on press conditions, the Society for Democracy Initiative
noted that its members received telephonic death threats for several
weeks. The calls were not traced to members of the Government and an
investigation was inconclusive.
More than 50 newspapers were published in Freetown during the year,
covering a wide spectrum of interests and editorial opinion. Most of
the newspapers were independent, and several were associated with
opposition political parties. Reporting was often politicized and
inaccurate, in large part because of poor journalistic skills,
insufficient resources, and lack of professional ethics. Corruption
among journalists was widespread. Newspapers openly and routinely
criticized the Government and its officials, as well as opposition
parties, but also libeled individuals.
International media could operate freely but were required to
register with the Ministry of Information and Broadcasting and the
Independent Media Commission (IMC) to obtain a license. Nine new local
newspapers registered with the IMC during the year. Although the IMC
instituted stricter registration requirements, there were no cases of
local or international media being denied registration.
On August 13, security forces attacked and beat several journalists
for allegedly criticizing the SLP's handling of a party fracas outside
the State House between members of the opposition APC and the ruling
Sierra Leone People's Party (SLPP). Following an investigation, the
journalists were compensated (See Section 1.c.).
The Public Order Act of 1965 criminalizes both defamatory and
seditious libel; however, the law was rarely applied. Punishment for
first-time offenders can be up to three years' imprisonment, and
subsequent seditious libel convictions are punishable by prison terms
of up to seven years. The IMC and the Sierra Leone Association of
Journalists continued to lobby parliament to amend the act without
success.
The IMC regulated independent media organizations and demonstrated
independence from government influence. During the year the IMC
considered multiple government claims of libel or false reporting in
various newspapers, but rejected government requests to close the media
outlet. The IMC also received increased libel complaints from the
public, largely due to increased public confidence and awareness of the
organization.
Due to the low level of literacy and the relatively high cost of
newspapers and televisions, radio remained the most important medium
for public dissemination of information. During the year over 45
government and private radio and television stations provided domestic
news and political commentary. The APC and the SLPP set up radio
stations; however, there were calls from different sectors of the
society to ban them as they continued to broadcast propaganda that
could incite violence such as libeling political party leaders. UN
Radio provided additional coverage of news and other current events.
The 2007 case against Philip Neville, editor of the Standard Times,
was dropped after the newspaper published a retraction.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
There were at least five Internet service providers in the country. In
Freetown there were many Internet cafes but few in rural areas due to
infrastructure constraints.
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. Unlike
in the previous year, there were no reports that the Government
monitored or prevented opposition meetings.
Occasionally, police forcibly dispersed demonstrators, resulting in
injuries. Police were sometimes unable to control demonstration
violence, and demonstrators at times attacked police stations.
In the run-up to the July local elections, police clashed with
demonstrators protesting allegations that SLPP supporters had defaced
the president's portrait.
In August police used tear gas and forcible means to end a clash
between SLPP and APC members.
In November students from a high school in Freetown attacked a
police barrack after police used excessive force on a student accused
of assaulting an officer. The incident resulted in a number of injuries
to both police and students.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice; however, there were some reports that under the
ruling APC, members of opposition parties lost or were denied
government jobs and government benefits.
Freedom of Religion.--The constitution and law provide for freedom
of religion, and the Government generally respected this right in
practice.
Societal Abuses and Discrimination.--There were no reports of
discrimination against members of religious groups.
There reportedly was a small Jewish community; there were no
reports of anti-Semitic acts.
An application filed in 2006 to the Inter-Religious Council for
official recognition of the approximately 20 Jews in Makeni remained
pending at year's end.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
the freedom of movement within the country, foreign travel, emigration,
and repatriation, and the Government generally respected these rights
in practice. However, there were reports that police officers who
operated security roadblocks outside of the capital often extorted
money from motorists.
The border shared with Liberia was officially open, and authorities
generally admitted refugees, returnees, and other persons to move
regularly between the two countries; however, there were reports that
police, customs, and army personnel demanded bribes at border crossing
points.
The law does not provide for forced exile, and the Government did
not use it.
Internally Displaced Persons (IDPs).--No officially registered IDPs
remained. During the year, the last remaining settlement for war-
wounded persons and their families closed in Grafton, which
subsequently housed persons officially settled on the land on a
permanent basis with the help of the Government.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the 1969
OAU Convention Governing the Specific Aspects of Refugee Problems in
Africa. The Government has established a system for providing
protection to refugees and cooperated with the UN High Commissioner for
Refugees (UNHCR) and other organizations in assisting refugees.
The 2007 Refugee Protection Act, which entered into force during
the year, provides for refugee status, as defined by international
convention, to be granted to eligible asylum seekers. UNHCR worked with
government authorities to develop standard operating procedures for
refugee status determination.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened.
According to UNHCR, the Government did not provide temporary
protection to certain individuals who may not qualify as refugees under
the 1951 convention and the 1967 protocol.
The Government assisted the safe, voluntary return of Liberian
refugees to Liberia and facilitated local integration for Liberian
refuges unwilling or unable to return to their homes.
On December 31, the UNHCR declared the cessation of refugee status
for Sierra Leonean refugees, citing legal and social reforms and
progress in fundamental rights and freedoms since the civil war. UNHCR
announced that Sierra Leonean refugees remaining outside the country
after December 31 would no longer be entitled to claim international
protection as refuge. During the year, the Government, with UNHCR,
facilitated the repatriation of Sierra Leonean refugees wishing to
return home before the cessation of their refugee status.
There were no further developments in the 2007 sexual abuse case of
two Liberian refugee minors or the rape of host community minors by a
refugee in Tobanda Refugee Camp.
Two lawyers were kept on retainer by UNHCR during the year to
represent victims of rape; however, few were willing to pursue legal
action because of cultural pressure from elders and community members.
UNHCR worked closely with the Network Movement for Justice and
Democracy in educating refugees and the host community through
educational workshops focused on sexual and gender-based violence.
The case was concluded against a police officer who raped a 10-
year-old Liberian refugee near the Liberian border at Zimmi in 2006,
but details of the outcome of the case were unavailable.
There were no reports of discrimination against refugees with
regards to employment, access to social services, and arbitrary arrest.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Domestic and international
observers characterized the July 5 local elections as generally free
and fair, although there were irregularities that did not affect the
final outcome.
During the year there were multiple reports of harassment and
intimidation of members of opposition parties. In other instances,
independent and female candidates were forced to drop out of the race
due to intimidation by APC and SLPP supporters.
There also were reports of voter coercion by party bosses and
traditional leaders. The Political Parties Registration Commission
(PPRC) reported one case of a family being banished by a paramount
chief in Kambia until after the election cycle.
In peaceful presidential and parliamentary elections held in August
and September 2007, the opposition APC won a majority in parliament,
and party leader Ernest Bai Koroma was elected president with 54
percent of the vote. There were multiple reports of harassment and
intimidation of members of opposition parties. There were also reports
of voter coercion by party bosses and traditional leaders. Domestic and
international observers characterized the elections as generally free
and fair, noting that irregularities did not affect the outcome.
The PPRC, which governed the behavior of political parties, did not
sanction any political party for inappropriate behavior despite
numerous complaints of abuse.
A parallel unit of local government is the paramount chief, who is
elected for a life term. Candidates for the position are limited to
members of local ruling houses. Only tribal authorities (those who
collected local taxes from at least 20 taxpayers) were allowed to vote
for paramount chief, and in the north only men could be designated as
tribal authorities. Although paramount chiefs' authority exists
independently of the central government and local councils, they
frequently displayed party affiliations, were influenced by the party
in power, and allegedly influenced the votes of their constituents. The
election of paramount chiefs at times exacerbated ethnic tensions.
Women are permitted to vote, but there were numerous allegations
that their votes were dictated by husbands or other patriarchal
figures. Of the 124 parliamentary members, 16 were women. Four women
held cabinet positions. There were four female judges out of seven
judges on the High Court, and the acting chief justice is a woman.
Three out of six judges on the Court of Appeal were women.
Only citizens can vote, and the Citizenship Act restricts the
acquisition of citizenship at birth to persons of ``patrilineal Negro-
African descent.'' Legal requirements for naturalization effectively
denied citizenship to many long-term residents, and a large number of
persons of Lebanese ancestry, who were born and resided in the country,
could not vote. While a small percentage of the Lebanese population was
naturalized, some insisted that naturalization implied second-class
citizenship and refused to vote.
Ethnic affiliations have traditionally been a strong influence in
political party membership for the country's two dominant ethnic
groups, the Mende and Temne, each of which included approximately 30
percent of the population. The Mende traditionally supported the SLPP
and the Temne the APC. Other than ethnic Limbas, the third most
populous ethnic group who have traditionally supported the APC, the
country's other ethnic minority groups had no strong political party
affiliations. The new cabinet consisted of 12 Temnes, three Mendes, one
Fullahs, and three Krios.
Government Corruption and Transparency.--Corruption in the
executive, legislative, and judicial branches was widespread. Official
corruption was exacerbated by low salaries and a lack of
accountability. The World Bank's Worldwide Governance Indicators
reflected that corruption was a severe problem.
The Anticorruption Commission (ACC) made little progress in curbing
corruption during the year or in improving transparency. Many observers
complained that the work of the ACC's investigations department was
politicized and ineffective. However, on September 1, a new ACC Act
came into force with new offenses, tougher penalties, and broader
prosecutorial powers. The law expands the appointed members of the
Advisory Committee to include representatives of civil society,
professional bodies, religious organizations, educational institutions,
and the media. It also broadens the mandate of the ACC Board to
annually assess the work of the Commission.
During the year the Government developed and approved a five-year
national action plan to combat corruption and ministries began
including anticorruption activities into their strategic plans. Besides
passing the revised law, the ACC has taken several steps to implement
the action plan, including an internal restructuring to improve its
effectiveness, conducting sensitization campaigns with the public and
government ministries, and enforcing whistleblower protection measures.
Corrupt procurement practices were a problem, and several
ministries, including the Ministry of Health and Energy, were under
investigation. During the year 10 cases of corruption were forwarded to
the Ministry of Justice for authorization to prosecute; five received
authorization, and five were pending at year's end.
The new ACC law also provides for public officers, their spouses,
and children to declare their assets and liabilities to encourage
integrity in public life. The president declared his assets the day the
law came into force, and all other public servants are required to
declare their assets before year's end.
There is no provision in the law for public access to government
information; however, the Government at times provided access to
citizens and noncitizens, including foreign media.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated with few government restrictions, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views.
The National Forum for Human Rights (NFHR) served as an umbrella
organization for human rights groups in the country. There were 41
human rights NGOs registered with the NFHR, and all reportedly were
active. Most domestic human rights NGOs focused on human rights
education. A few NGOs, including the Campaign for Good Governance,
LAWCLA, and Access to Justice, monitored and reported on human rights
abuses.
Human rights monitors traveled freely throughout the country.
Representatives of international and domestic NGOs, foreign diplomats,
the ICRC, and UN human rights officers monitored trials and visited
prisons and custodial facilities during the year; however, AI reported
that the Government refused to grant permission to visit any prisons,
despite multiple requests.
The National Human Rights Commission, which became operational
during the year, generally operated without government interference;
however, government agencies were slow to support the commission, and
it was also hampered by lack of funds. The commission published a
report on the status of human rights which recommended, among other
things, increased funding for agencies and NGOs involved in human
rights and making the protection of women's and children's rights a
priority.
The Parliamentary Human Rights Committee was active in protecting
human rights, and it operated without government or party interference.
The committee's resources were limited, but it received support from
the UN Nations Development Program and the UNHCR.
The trial before the SCSL in The Hague of former Liberian president
Charles Taylor resumed in January and was ongoing at year's end. In an
appeals judgment issued February 22, the SCSL upheld the July 2007
convictions of Alex Brima, Brima Kamara, and Santigie Kanu, senior
commanders of the AFRC. In the first such finding in an international
court, the appeals judgment stated that acts of forced marriage should
be considered different from acts of sexual slavery and must be
considered a crime against humanity in their own right.
In a May 28 appeals judgment, the SCSL reversed the October 2007
conviction of Allielu Kondewa of the Civil Defence Force (CDF) for
enlisting child soldiers, and his and CDF Moinina Fofanah's convictions
for using collective punishment. However, Kondewa and Fofanah received
new convictions for murder and inhumane acts for crimes against
humanity. Their sentences were lengthened to 15 years for Fofanah, and
20 years for Kondewa.
The trial phase of the case against RUF leaders Issa Sesay, Morris
Kallon, and Augustine Gbao ended August 5. At year's end judgments were
pending.
Recommendations of the Truth and Reconciliation Commission (TRC),
established to provide a forum for publicly airing the grievances of
victims and the confessions of perpetrators during the civil war, were
being implemented. The Human Rights Commission continued its work,
including ensuring enforcement of the Child Rights Bill and three
gender bills, and there was increased use of its human rights
violations reporting system. The Government took steps to implement a
reparations program for the victims of the conflict, as recommended by
the TRC. Efforts were underway to establish a trust fund for war
victims. However, many NGOs continue to be disappointed at the slow
implementation of some of the TRC recommendations, such as the trust
fund, identification database of war victims, and splitting of the
attorney general and minister of justice positions, requiring
constitutional reform.
The UN and numerous NGOs, domestic and international, continued to
educate and sensitize the population about the TRC and the SCSL, and
the Government generally supported these efforts.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination on the basis of race, tribe, sex,
place of origin, political opinions, color (although citizenship is
generally limited to persons of ``patrilineal Negro-African descen.''),
or creed; however, the Government did not effectively enforce these
provisions, and a number of legal acts and customary laws contravene
these constitutional provisions.
Women.--The law prohibits rape, which is punishable by up to 14
years' imprisonment; however, rape was common and viewed more as a
societal norm than a criminal problem. The law does not specifically
prohibit spousal rape. Cases of rape were underreported and indictments
were rare, especially in rural areas; this reluctance to pursue justice
for women, combined with a lack of income and economic independence,
helped perpetuate a cycle of violence and a culture of impunity for
violence against women. Since the establishment of the Family Support
Units (FSUs) and the passage of the Gender Acts in 2007, however,
reports of rapes, especially involving child victims, steadily
increased. Rapes were documented of children as young as a few months
old. An NGO providing services to rape victims reported that 6 to 7
percent of the cases seen involved victims under age five. Rape
victims, especially when pregnancy occurred, were encouraged to marry
their attackers.
During the year FSU recorded 1,186 cases of sexual assault. Of
these cases, 437 perpetrators were charged, while 555 are still under
investigation. The International Rescue Committee (IRC) reported that
at least 25 cases resulted in convictions, with perpetrators receiving
sentences between 18 months to seven years. Rape cases were frequently
settled out of court, or did not make it to trial because of
inefficiencies in the judicial system. Most legal advisors assigned to
prosecute rape cases had only three weeks' training and could not
compete against well trained defense lawyers. Most perpetrators were
known to their victims and included teachers, family friends,
relatives, and neighbors. The JSDP noted an increase in adolescent boys
as perpetrators.
Medical and psychological services for rape victims were limited.
Rape victims were required to obtain a medical report to file charges,
and most government doctors still charged up to 35,000 leones
(approximately $11.50) per report, which was prohibitively expensive
for most victims. The IRC ran centers in Freetown, Kenema, and Koidu to
perform medical examinations, provide counseling for victims of sexual
assault, and offer legal assistance for victims who wanted to prosecute
their cases. However, these Rainbo Centers were the only such centers
in the country and many victims had no access to medical attention or
services. During the year the Rainbo Centers worked with 1,235 sexual
assault clients, the vast majority of whom were 11-15 years old, with
almost all under 20 years of age. Approximately 7 percent of the
victims were between one to five years old, with the youngest client
being only one year old at the time of the incident.
Despite the passage of the Domestic Violence Bill in 2007, domestic
violence against women, especially wife beating and rape, was common
and often surrounded by a culture of silence. The police were unlikely
to intervene in domestic disputes except in cases involving injury or
death. The SLP used mediation as their primary tool for handling
domestic violence. During the year FSUs noted that 2,738 women reported
domestic violence. Of these cases, 360 perpetrators were charged and
1,434 were under investigation at year's end. The FSU does not maintain
conviction rate statistics, but NGO reports indicate that few
perpetrators were convicted due to poorly trained prosecutors and out-
of-court settlements. Awareness of the Domestic Violence Act has
resulted in an increase in reported cases in urban areas around the
country; however, most human rights organizations note that domestic
violence continues to be most prevalent and largely underreported in
the northern provinces.
According to UNICEF, 85 percent of women felt that domestic beating
was justified for actions such as going out without telling a husband,
neglecting the children, refusing sex, or burning food. Women suspected
of marital infidelity often were subjected to physical abuse. Because
husbands could claim monetary indemnities from their wives' partners,
beatings often continued until the women named several men, even if
there were no such relationships. There were also reports that women
suspected of infidelity were required to undergo animistic rituals to
prove their innocence.
Prostitution was widespread and not prohibited by law; however,
prostitutes sometimes were arrested and charged with loitering or
vagrancy. Many women and girls, particularly those displaced from their
homes and with few resources, resorted to prostitution to support
themselves and their children.
Sexual harassment is not specifically prohibited by law, and it was
widespread.
The 2007 bill on customary marriages and divorce empowers either
spouse to acquire property and guarantees that gifts, payments, or
dowries upon marriage are non-refundable allowing women in unhappy
marriages to divorce without being forced to make decisions based on
paid dowries.
The 2007 Devolution of Estate Act provides for intestate succession
including the transmission of property to the deceased's spouse and/or
children as well as to single persons who cohabited with the deceased
for 10 or more years. The Ministry of Social Welfare, Gender, and
Children's Affairs finalized their action plan for the implementation
of the Gender Acts in October. However, paramount chiefs and local
magistrates had not been given the forms or training to register people
under the Customary Marriage Act and none of the Acts had been
implemented by year's end.
Women faced widespread legal and societal discrimination,
particularly in matters of marriage, divorce, property, and
inheritance, which are guided by customary law in all areas except for
the capital. Formal laws, such as the Gender Acts of 2007, apply in
customary as well as formal courts, but customary judges had limited to
no legal training and often were unaware or could choose to ignore
formal laws. Chiefs sometimes colluded with men to forcibly evict women
and children from their homes or subject them to arbitrary detention.
In some cases chiefs imposed arbitrary and exorbitant fines, imprisoned
women unlawfully in their homes or ``chiefdom jails,'' and expelled
them from the community. Their rights and status under customary law
varied significantly depending upon the ethnic group to which they
belonged, but was routinely inferior to that of men. Under customary
law women's status in society is equal to that of a minor. A woman was
frequently perceived to be the property of her husband, to be inherited
on his death with his other property. In rural areas polygyny was
widespread; UNICEF estimated in 2007 that 43 percent of women were
involved in polygynous unions. All women in the Western (Freetown)
Area, which is governed by general law, had a statutory right to own
property in their own names. Women in the provinces, which are governed
by customary laws that vary from chiefdom to chiefdom, did not.
In the Temne ethnic group, women could not become paramount chiefs,
subordinate chiefs, or chiefdom authorities; however, in the Mende
tribe, there were several female leaders. Efforts by international and
domestic NGOs to promote female candidates during the run up to July
local council elections resulted in the election in every council of at
least one female representative.
Women did not have equal access to education, economic
opportunities, health facilities, or social freedoms. In rural areas
women performed much of the subsistence farming and had little
opportunity for formal education. Women also experienced discrimination
in access to employment, credit, pay for similar work, and owning and/
or managing business.
The Ministry of Social Welfare, Gender and Children's Affairs has a
mandate to protect the rights of women; however, the Government cut the
ministry's budget despite increasing its responsibilities. Most
international and domestic NGOs complained that the ministry lacked the
resources, infrastructure, and support of other ministries to
effectively handle its projects assigned. The ministry routinely relied
on the assistance of international organizations and NGOs to help
combat women's rights violations.
Women were active in civic and philanthropic organizations.
Domestic NGOs, such as 50/50, the Forum for African Women
Educationalists, and Women's Forum raised awareness of the lack of
gender equality and other women's issues, and they encouraged women to
enter politics as candidates for mayoral positions and local councils.
Children.--The Government was committed to improving children's
education and welfare; however, it lacked the means to provide basic
education and health services.
Although birth registration was not universal, lack of registration
did not impact access to public services.
Primary school education is tuition-free countrywide, and secondary
school education is tuition-free for girls in the north. However, many
parents were unable to put their children through primary school
because they could not afford school uniforms, books, and other fees
charged by school authorities. The average educational level for girls
was markedly below that of boys, and only 25 percent of women were
literate. At the secondary level, pregnancy forced many girls out of
school. New laws were enacted to allow girls to return to school after
giving birth, but many communities did not abide by this.
Sexual violence against children was a problem, and the Government
took few steps to address the issue. The FSUs received training in
dealing with sexual violence against children, and cases of child
sexual abuse were generally taken more seriously than adult rape cases.
However, in many cases of sexual assault against children, parents
accept payment instead of taking the perpetrator to court due to
difficulties dealing with the justice system.
No law specifically prohibits FGM, and it was practiced widely and
supported by politicians and community members. UNICEF and other groups
estimated that 80 to 90 percent of women and girls had been victims of
the practice; however, some local groups believed that this figure was
overstated. FGM was practiced on girls as young as five years old, and
UNIOSIL reported cases in which one and two-year-old children underwent
FGM because their young age made it cheaper for parents.
Although police occasionally detained practitioners on accusations
of forced mutilation or manslaughter, human rights workers reported
that police remained hesitant to interfere in cultural practices.
In October a 10-year-old girl in Port Loko District died as a
result of FGM. At year's end the SLP were still investigating.
In 2007 the parliament passed the Child Rights Act, which makes it
illegal to subject anybody under the age of 18 to harmful treatment,
including any cultural practice which dehumanizes or is injurious to
the physical and mental welfare of the child; however, the act does not
explicitly address FGM. The act prohibits marriage of girls under the
age of 18, including forced marriage, as did the 2007 Act on
registration of customary marriages and divorce. Despite the new
legislation forced child marriage continued to be a problem. UNICEF
estimated that 62 percent of females under the age of 18 were married.
The Child Rights Act also provides for the creation of family
courts and child committees at the local government level. As of
October the FSU reported 136 cases of child cruelty, of which nine had
been charged in court. There were no convictions.
Child prostitution continued to be a problem. A UNICEF analysis of
Freetown and Bo indicated that over half of the street children
survived through prostitution.
The number and plight of street children were problems. Many are
forced to engage in petty trading and other economic activities to
survive, and are vulnerable to trafficking and other exploitive
practices.
According to UNICEF, there were 48 residential homes for orphans.
The quality of care at the facilities varied, but met most minimum
standards. Each facility provided at least one meal a day, some health
care, and some type of education.
Trafficking in Persons.--The law prohibits trafficking in persons;
however, there were reports that persons were trafficked to, from, and
within the country.
The country continued to be a source, transit point, and
destination for internationally trafficked persons. The majority of
victims were women and children, and the majority of traffickers were
family members or friends who lured victims from their home villages
with false promises of education, caretaking, or employment. Orphaned
children were the most vulnerable population for trafficking. There was
no evidence of trafficking through employment agencies, organized
crime, or marriage brokers.
Reports indicated that women and children were trafficked from the
provinces to work in the capital as laborers and commercial sex workers
and to diamond areas for labor and sex work; persons were trafficked
from neighboring countries for domestic and street labor and for
commercial sex work; persons were trafficked out of the country to
destinations in west Africa, including Liberia, Nigeria, Cote d'Ivoire,
Guinea, Guinea-Bissau, and the Gambia for labor and sexual;
exploitation; persons were also trafficked to Lebanon, Europe, and
North America; and the country served as a transit point for persons
trafficked from elsewhere in west Africa and possibly the Middle East.
According to a center for street children, 80 to 90 percent of the
cases they dealt with involved internal trafficking.
A person convicted of trafficking can be sentenced to up to 10
years in prison. During the year FSU reported 38 cases of human
trafficking, of which more than half were girls under the age of 16. Of
the cases reported, 12 individuals were charged with trafficking but
none were convicted.
There were no further developments in the 2007 case of two minors,
Abu Bakarr Koroma and Nasira Mansaray, who were arrested for
trafficking a five-year-old boy.
A number of government agencies are responsible for combating
trafficking, including the SLP, Ministry of Social Welfare, Gender and
Children's Affairs, the Immigration Department, and the Office of
National Security. The Government assisted in reintegrating trafficking
victims when requested; however, there were no known requests for
assistance with international investigations or extraditions.
Document fraud was common and government registry officials,
police, immigration officials, and border guards frequently accepted
bribes. Although there was no proof that forged documents were used to
facilitate trafficking, government officials who forged documents such
as birth, marriage, and death certificates rarely suffered punishment.
A shelter for trafficking victims, run by the International
Organization for Migration, has been operational since late 2006 and
provided safe haven, medical care, counseling, and reintegration for
over 145 victims of trafficking during the year. There were gaps in the
services they were able to provide due to limited funding and the lack
of shelter facilities outside of Freetown.
Government officials continued to work with NGOs on trafficking-
related issues and attended NGO training sessions on trafficking. The
Ministry of Social Welfare, Gender, and Children's Affairs and the SLP
publicly supported NGO anti-trafficking efforts. However, the
trafficking secretariat, established by the 2005 law, had yet to be
funded, and the three-year work plan developed by the antitrafficking
task force remained largely unfunded.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law does not prohibit
discrimination against persons with physical and mental disabilities.
No law mandates accessibility to buildings or assistance to disabled
persons. There was no government policy or program to assist persons
with disabilities; public facility access and discrimination against
persons with disabilities were not considered public policy priorities.
A few private agencies and organizations provided job training for such
persons.
There was no outright discrimination against persons with
disabilities in employment, education, access to health care, or in the
provision of other state services; however, given the high rate of
general unemployment, work opportunities for persons with disabilities
were few. Despite the sizeable numbers of persons disabled by polio,
there was little government assistance to this group.
Psychiatric patients at the Kissy Mental Hospital were usually
restrained by being chained to their cots for the first few weeks of
treatment due to the lack of soft restraints.
Some of the many individuals maimed in the civil war, or who had
their limbs amputated by rebel forces, received special assistance from
local and international humanitarian organizations. Such programs
involved reconstructive surgery, prostheses, and vocational training to
help victims acquire new work skills; however, amputees complained that
they did not receive sufficient assistance compared to former
combatants, who received aid through the demobilization process. In
response to TRC recommendations, the Government accepted in principle
the need to develop an aid program for war wounded, amputees, and
victims of sexual violence; however, assistance to these groups
remained limited and mostly funded by outside entities.
National/Racial/Ethnic Minorities.--The ethnically diverse
population consists of about 18 ethnic groups of African origin, many
of whom spoke distinct languages and were concentrated outside urban
areas. In addition there are significant Lebanese and Indian
minorities, and small groups of European and Pakistani origin. Little
ethnic segregation was apparent in urban areas, where interethnic
marriage was common. The two largest ethnic groups were the Temne in
the north and the Mende in the south. These groups each constituted an
estimated 30 percent of the population; however, the Krio, who
constituted 10 percent of the population, have historically dominated
the civil service and judiciary. Strong ethnic loyalties, bias, and
stereotypes existed among all ethnic groups. The Temne and Mende have
vied historically for political power, and the violence during the 11-
year civil war had some ethnic undertones. Ethnic loyalty remained an
important factor in the Government, armed forces, and business.
Complaints of ethnic discrimination in government appointments,
contract assignment, and military promotions were common both with the
former SLPP and current APC ruling parties.
Ethnic clashes between Limbas and Mandingos resulted in injuries
and property damage, including killed livestock and burned homes and
villages.
Residents of non-African descent faced institutionalized political
restrictions. Legal requirements for naturalization, such as continuous
residence in the country for 15 years, or the past 12 months and 15 of
the previous 20 years, effectively denied citizenship to many locally
born residents, most notably members of the Lebanese community.
Other Societal Abuses and Discrimination.--The law prohibits
discrimination based on actual, perceived, or suspected HIV status;
however, persons with HIV/AIDS were stigmatized in society. There was
no official discrimination against HIV/AIDS positive persons.
The law prohibits homosexual acts, and there was official and
societal discrimination based on sexual orientation. Many homosexuals
concealed their sexual orientation.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to join unions
of their choice without prior authorization or excessive requirements;
however, civil service, police, and members of the armed services are
prohibited from joining unions. The law allows unions to conduct their
activities without interference, and the Government generally protected
this right; however, by year's end the Government had not granted a
bargaining certificate to the Civil Servant's Union, whose application
had been on file since 1986. According to the Ministry of Labor,
approximately 35 to 40 percent of workers were unionized, including
mainly agricultural workers, mineworkers, and health workers.
Unions have the right to strike, although the Government could
require 21 days' notice, and workers exercised this right in practice.
The law does not prohibit retaliation against strikers, even for a
lawful strike.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, and the Government protected this
right in practice. Collective bargaining must take place in trade group
negotiating councils, each of which had an equal number of employer and
worker representatives. Collective bargaining was widespread in the
formal sector, and most enterprises were covered by collective
bargaining agreements on wages and working conditions. No reliable data
was available on the percentage of workers covered by collective
agreements.
The law does not prohibit antiunion discrimination against union
members nor employer interference in the establishment of unions;
however, during the year there were no reports of such occurrences.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced and compulsory labor, including by children; however, the
Government did not effectively enforce the law, and forced and bonded
child labor remained a largely unquantifiable problem. Under the
Chiefdom's Council Act, individual chiefs may impose forced labor as
punishment and have done so in the past; however, there were no
reported occurrences during the year. Chiefs also may require villagers
to contribute to the improvement of common areas, a practice that
occurred in rural areas. There is no penalty for noncompliance.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits forced and bonded labor by children; however, the
Government did not effectively enforce the law, and child labor
remained a problem due to strong tradition and high levels of extreme
poverty. Almost half of children aged 14-15 years were engaged in some
form of child labor, but the rate varied from 27 percent in urban areas
to 57 percent in rural areas. The law limits child labor, allowing
light work at age 13, full-time work at age 15, and hazardous work at
age 18. The law states that children under 13 should not be employed in
any capacity; however, enforcement was not effective.
Children aged 15 may be apprenticed (provided they have finished
schooling) and employed full-time in non-hazardous work. The law also
proscribes work by any children under 18 between 8 p.m. and 6 a.m. The
law sets health and safety standards and requires school attendance
through the age of 15, but the Government did not enforce this. Many of
the laws were not enforced because of lack of knowledge, societal
perception of children's roles, and poverty.
In many cases children worked alongside parents or relatives and
these children abandoned educational or vocational training. There were
no reports that authorities conducted any child labor inspections
during the year.
In rural areas children worked seasonally on family subsistence
farms. Children also routinely assisted in family businesses and worked
as petty vendors. Adults engaged a large number of street children to
sell, steal, and beg. Because the adult unemployment rate remained
high, few children were involved in the industrial sector or elsewhere
in the formal economy.
There were reports that foreign employers hired local children to
work as domestic laborers outside the country at extremely low wages
and in poor conditions. The Ministry of Social Welfare, Gender, and
Children's Affairs was responsible for reviewing the issuance of
passports to minors, but did not do so effectively, and the prevalence
of document fraud made effective government oversight difficult.
There were reports that children whose parents sent them to friends
or relatives in urban areas for education were forced to work on the
street. There also were reports that adults asked orphanages for
children to be used as household help.
Many girls, particularly those displaced from their homes and with
few resources, resorted to prostitution as a means to support
themselves.
In remote villages, children are made to carry heavy loads as
porters resulting in stunted growth and development. Children are also
engaged in sand mining, fishing, hawking, mining, and prostitution.
Some of the children who were hired by employers outside the country
may have been victims of trafficking.
The Ministry of Labor was responsible for enforcing child labor
laws. The Ministry of Mineral Resources enforced regulatory
prohibitions against the worst forms of child labor. The ministry also
was charged with protecting children working in the diamond mining
areas; however, enforcement was not effective.
An initiative called ``chiefs as champions for children'' used
traditional leaders to advocate for children's rights. The Freetown
City Council contributed non-financial support to programs that provide
free schooling and services to at-risk youth.
e. Acceptable Conditions of Work.--The national minimum wage,
covering all occupations, including in the informal sector, was set at
25,000 leones (approximately $8.30) per month, which did not provide a
decent standard of living for a worker and family. The Ministry of
Labor is responsible for enforcing the minimum wage, but it lacked the
resources to effectively do so, and compliance was difficult to monitor
in the informal sector. Most workers supported an extended family,
often including relatives who had been displaced by the insurgency in
the countryside. It was common to pool incomes and to supplement wages
with subsistence farming and child labor.
Although not stipulated by law, the standard workweek was 40 hours
(60 hours for security personnel). Employers negotiated work hours with
employees at the time of hiring, and overtime was to be paid if an
employee's work hours exceeded the standard workweek. There was no
prohibition on excessive compulsory overtime.
The Ministry of Health and Sanitation was responsible for setting
and enforcing health and safety standards. Although the Government set
these standards, it lacked the funding to enforce them properly. Trade
unions provided the only protection for workers who filed complaints
about working conditions. Initially, a union could make a formal
complaint about a hazardous working condition; if this complaint was
rejected, the union could issue a 21-day strike notice; however, no
such actions were reported during the year. If workers were to remove
themselves from dangerous work situations without making a formal
complaint, they risked being fired.
The law protects both foreign and domestic workers; however, there
were fewer protections for illegal foreign workers.
__________
SOMALIA
Somalia\1\ has an estimated population of seven million. The
territory, which was recognized as the Somali state from 1960 to 1991,
was fragmented into regions led in whole or in part by three distinct
entities: the Transitional Federal Institutions, with the Transitional
Federal Parliament (TFP) in Baidoa, and the presidency and most of the
Transitional Federal Government (TFG) in Mogadishu; the self-declared
Republic of Somaliland in the northwest; and the semi-autonomous region
of Puntland in the northeast. The TFG was formed in late 2004, with a
five-year transitional mandate to establish permanent, representative
government institutions and organize national elections.
---------------------------------------------------------------------------
\1\ The United States does not have diplomatic representation in
Somalia, and U.S. government personnel were not permitted to travel
regularly into any of the territory of the former state of Somalia
during the year. This report draws in large part on non-U.S. government
sources.
---------------------------------------------------------------------------
A political process to establish peace and stability in the country
continued as the TFG and the Alliance for the Re-liberation of Somalia
(ARS) reached the Djibouti Agreement on June 9 and began to implement
its terms; however, significant problems remained. Ethiopian National
Defense Forces (ENDF) entered the country in 2006 at the request of the
TFG to combat the Council of Islamic Courts and its associated armed
militants, who had captured Mogadishu and were expanding control in
south central Somalia. During the year the ENDF remained in south
central Somalia, and an influx of weapons and small arms to all parties
contributed to the conflict. Fighting between TFG/ENDF forces and their
militias against antigovernment forces, terrorist groups, and extremist
elements increased and resulted in widespread human rights abuses,
including the killing of thousands of civilians (there are no reliable
estimates for the number and most presented vary widely), the
displacement of over one million persons, and widespread property
damage, particularly in Mogadishu. The larger clans had armed militias
at their disposal, and personal quarrels and clan disputes frequently
escalated into killings. Targeted assassinations, once rare, became
frequent. Roadside bombings increased and there were four suicide
bombings reported during the year. Civilian authorities did not
maintain effective control of the security forces in any area of the
country, although elected civilian authorities in Somaliland and
Puntland maintained some control over security forces in their
respective regions.
The country's poor human rights situation deteriorated further
during the year, exacerbated by the absence of effective governance
institutions and rule of law, the widespread availability of small arms
and light weapons, and ongoing conflicts. As a consequence citizens
were unable to change their government. Human rights abuses included
unlawful and politically motivated killings; kidnapping, torture, rape,
and beatings; official impunity; harsh and life-threatening prison
conditions; and arbitrary arrest and detention. In part due to the
absence of functioning institutions, the perpetrators of human rights
abuses were rarely punished. Denial of fair trial and limited privacy
rights were problems, and there were restrictions on freedoms of
speech, press, assembly, association, religion, and movement.
Discrimination and violence against women, including rape; female
genital mutilation (FGM); child abuse; recruitment of child soldiers;
trafficking in persons; abuse and discrimination against clan and
religious minorities; restrictions on workers' rights; forced labor,
including by children; and child labor were also problems.
In its March report, the UN Independent Expert on Human Rights in
Somalia (UNIE) noted that despite the overall deteriorated situation,
very small yet incremental changes in terms of human rights awareness
and knowledge were taking place in small areas.
Members of antigovernment, extremist groups, and terrorist
organizations like al-Shabaab, some of whose members were affiliated
with al-Qa'ida, committed numerous human rights violations, including
killings of TFG members and civilians; kidnappings and disappearances;
restrictions on freedom of movement; displacement of civilians; and
attacks on journalists, aid workers, civil society leaders, and human
rights activists.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were numerous
reports that the Government or its agents committed arbitrary or
unlawful killings.
Fighting between TFG/ENDF forces and antigovernment groups resulted
in thousands of civilian deaths in south central Somalia, particularly
Mogadishu; political killings and assassinations also occurred (See
Section 1.g.).
Politically motivated killings by antigovernment groups, extremist
elements, and terrorist organizations resulted in the deaths of
approximately 20 senior TFG officials (See Section 1.g.).
Prominent peace activists, clan elders, and their family members
became targets and were either killed or injured for their role in
peace-building. There were no confirmed reports of government
involvement in these killings, but the Government neither identified
nor punished the perpetrators. On March 10, two unidentified gunmen
killed Sheikh Muhammad Ahmed ``Kashka,'' a prominent cleric and peace
activist as he left a mosque in Mogadishu. Sheikh Ahmed's killing
immediately followed his sermon condemning groups behind assassinations
of TFG officials. On June 22, unknown gunmen assassinated Mohamed
Hassan Kulmiye, director of the central office of the Center for
Research and Dialogue (CRD) in Beletweyn. Kulmiye was leading a foreign
government-funded dialogue and was reportedly targeted for his work. As
in all previous killings of peace activists, the perpetrators were not
arrested by year's end.
The Government summarily executed persons during the year. For
example, on January 13, a firing squad executed Hussein Mohamed, a
government security officer, for killing a woman. On March 31,
authorities in the semiautonomous region of Puntland executed Jamal
Jabir after local courts convicted him of murdering Said Shire six days
earlier. Clan elders did not allow Jabir to present a full defense in
his case.
Use of excessive force by government forces, militia associated
with members of the TFG, and ENDF troops resulted in the deaths of
demonstrators during the year (See Section 2.b.).
Throughout the year government and ENDF security forces killed
street children. On February 9, TFG forces at a checkpoint near Villa
Somalia, the presidential palace in Mogadishu, reportedly killed two
children, ages seven and eight, on their way to madrassa in Mogadishu's
Wardhigley district. On August 27, TFG forces on search operations in
Mogadishu's Zobe neighborhood deliberately targeted and killed a street
boy. Many children were caught in crossfire during ongoing fighting.
On January 20, militants fired mortars at Villa Somalia, the
presidential palace in Mogadishu, killing four TFG security officers
and wounding another. The attack occurred shortly after Prime Minister
Hassan Hussein and his cabinet relocated to the capital. On March 29,
President Yusuf was targeted in a mortar attack on Villa Somalia while
he was meeting with Ethiopia's foreign minister. Several of Yusuf's
bodyguards were killed and others reportedly hurt in the attack. A TFG/
ENDF counterattack against insurgents killed a number of fighters and
civilians in Bakara market. On June 1, President Yusuf's convoy was
attacked along Maka-al-Mukarama road on its way to Mogadishu airport,
and on the same day, mortar rounds were fired at a plane the president
had boarded. On July 7, armed militias attacked TFG security forces at
Villa Baidoa, the presidential residence, and at the Baidoa airstrip.
On December 30, six persons were killed and scores injured in a
restaurant in Bakara market during a TFG counterattack against al-
Shabaab militants.
Senior members of the TFG were killed. On March 25, in Baidoa,
three unidentified men shot and killed TFG national security officer
Colonel Mohamed Abdi ``Shikshigow.'' In Baidoa members of parliament
were killed and their family members threatened. On August 26, a
grenade attack on the home of parliamentarian Mohamed Hussien Rage
killed his son and a security guard. Also on August 26, unidentified
gunmen attacked the homes of Mohamed Omar Dhalha, deputy speaker of
parliament, and Osman Ali ``Atto,'' before they were repulsed by
security guards. A security guard at Ali's residence was injured in the
attack. On September 10, unknown gunmen killed parliamentarian Mohamed
Osman Maye outside a Baidoa mosque after evening prayers. A few days
prior to his death, Maye reportedly made a speech before parliament on
the deteriorating security situation in the country. On December 27, in
Baidoa unknown assailants killed the deputy minister for constitution,
federal affairs, reconciliation, and regional development, Ismail
Hassan Mohamud ``Timir,'' as he left a mosque.
Several deaths resulted from random shootings by Islamic extremists
trying to impose strict social edicts. For example, in February at
least 20 persons were killed and 100 others injured after two
successive explosions in the port city of Bossaso, Puntland. Many of
the victims were Ethiopians believed to be on their way to Yemen and
other countries on the Arabian Peninsula. Some reports suggest they
were targeted because of ``sinful'' behavior. Puntland police arrested
six suspects linked to the explosion who were released after several
months without trial. Also on February 17, at least four persons were
injured when armed extremist groups simultaneously attacked four
cinemas in Mogadishu that were screening a sports match. In another
February incident, militia associated with Hassan al-Turki killed a
teenager and injured three others for sitting in a tea shop in Doblay
where music was being played. On April 13, an assailant lobbed a
grenade at a cinema in Merka, killing five persons, including three
children, and wounding 18 others. Also in April in Hudur, al-Shabaab
militia shut down cinemas, burnt down khat stores, forcefully shaved
the heads of persons they accused of wearing inappropriate hairstyles,
and imposed a ban on smoking and music.
There were several killings of prominent persons by unknown
assailants. On February 8, unknown assassins killed Hussein Gorgor, a
TFG colonel, and injured his bodyguard in Lower Shabelle's Wanlaweyn
district. In February unknown assailants killed a TFG national security
officer in Baidoa. On March 12, the TFG Balad police chief in Middle
Shabelle region was beheaded by unknown assailants. On May 11, unknown
assailants killed Mohamed Abdulle Mahdi, a civil society activist and
chairman of Women and Child Care Association (WOCCA) in Beletweyn. On
July 2, unknown gunmen killed Abdikarim Ibrahim, a prominent Mogadishu
businessman. On September 16, unidentified gunmen in Galkayo killed
Abdiduh Himbil, a prominent businessman, when they opened fire on his
vehicle on his way home from a mosque.
During the year two journalists and media owners were killed,
generally by unknown assailants (See Section 2.a.).
Attacks on humanitarian workers, NGO employees, and foreign
peacekeepers resulted in deaths during the year (See Section 4).
During the year hundreds of civilians were killed in inter- or
intraclan militia clashes. The killings resulted from clan militias
fighting for political power and control of territory and resources;
revenge attacks; criminal activities and banditry; private disputes
over property and marriage; and vendettas after such incidents as
rapes, family disagreements, killings, and abductions. With the
breakdown of law and order, very few of these cases were investigated
by the authorities, and there were few reports that those cases
resulted in formal action by the local justice system.
On March 18, a land dispute escalated into interclan conflict
between Sa'ad and Dir in Galkayo that resulted in the deaths of 10
persons. Twenty others were injured. On April 11, clashes over water
and pasture between two Abgaal subclans in the Middle Shabelle region
killed 15 persons. On May 14, interclan clashes between Biyamal and
Somali Bantu in Jamaame, in Lower Juba, killed 10 persons and injured
an estimated 20. The clashes also displaced hundreds of Somali Bantu
families.
In June conflict between the Gadhweyn and Warsangeli subclans in
Erigavo in the disputed Sanaag region between Somaliland and Puntland
displaced approximately 600 persons from their homes. Clashes continued
between the Marehan and Majerten over control of Kismayo, escalating
into a fierce battle in August that resulted in the deaths of more than
100 fighters and civilians and injury to more than 300. While the
conflict had its roots in internal clan conflict, al-Shabaab took
advantage of the fighting to back a loose coalition of clan militia
that eventually established control over the port city.
In September Darood and Hawiye subclans in Galkayo exchanged
captives and vehicles seized from each other in earlier conflicts. No
action was taken against the responsible members of the security forces
or militias who committed killings in 2007 or 2006, nor were there any
developments in the reported killings due to inter- or intraclan
fighting in prior years.
Landmines throughout the country resulted in numerous civilian
deaths (See Section 1.g.).
b. Disappearance.--There were no reports of politically motivated
disappearances, although cases could be concealed due to the separation
from their families of thousands of refugees and IDPs. Abductions to
extort ransom increased. Abduction as a tactic in clan disputes or to
attain political ends was less frequent. The Somali NGO Safety
Preparedness and Support Program (SPAS) reported increased incidences
of kidnapping.
During the year there were a few kidnappings by militia groups and
armed assailants who demanded ransom for hostages. The majority of
reported kidnappings were in the Puntland and southern regions,
especially in areas surrounding Mogadishu, where ransoms allegedly
funded purchases of weapons and ammunition. More than 25 aid workers
and nongovernmental organization (NGO) workers were kidnapped during
the year (See Section 4).
Maritime piracy and the kidnapping of crews increased dramatically,
especially along the eastern and northeastern coasts, hampering
humanitarian efforts to provide essential commodities to thousands of
IDPs in the country (See Section 1.g.).
There were no investigations or action taken against the
perpetrators of any kidnappings during the year, nor were there any
developments in the cases of kidnappings from previous years.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Transitional Federal Charter (TFC) prohibits torture.
The Puntland Charter prohibits torture ``unless sentenced by Islamic
Shari'a courts in accordance with Islamic law.'' However, there were
reports of the use of torture by the Puntland and Somaliland
administrations and warring militiamen against each other and against
civilians. Observers believed that many incidents of torture were not
reported. The TFG, militias allied with the TFG, and various clan
militias across the country tortured and abused detainees. Unlike
previous years, there were no reports of public floggings by persons
affiliated with the TFG.
Persons assembled at food distribution centers were killed and
injured. On April 24, in Baidoa, ENDF killed two persons and injured
another at a WFP food distribution point when they opened fire in
response to a grenade attack against them.
On May 14, in Kismayo, a woman was killed and three other persons
injured when security escorts opened fire on a crowd attempting to
steal food.
Police raped women, and there continued to be reports of militias
using rape to punish and intimidate rivals. Rape was commonly
perpetrated in interclan conflicts.
There were no reports of action taken against Somaliland or
Puntland forces, warlord supporters, or members of militias responsible
for torturing, beating, raping, or otherwise abusing persons in 2007 or
2006. There also was no action taken against members of the defunct
Council of Islamic Courts for torture and abuse committed in 2006.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening in all regions of the country. The main
Somaliland prison in Hargeisa, designed for 150 inmates, held more than
700 prisoners. Overcrowding, poor sanitary conditions, lack of access
to health care, and inadequate food and water persisted in prisons
throughout the country. Tuberculosis, HIV/AIDS, and pneumonia were
widespread. Abuse by guards was common. Detainees' families and clans
generally were expected to pay the costs of detention. In many areas
prisoners depended on food received from family members or from relief
agencies.
Prisons were not properly secured and there were several instances
when prisoners escaped. For example, on March 5, armed militias opened
fire on the Kismayo prison and forcefully released four prisoners who
had been detained for a March carjacking. The assailants and prisoners
remain at large. On April 10, armed men stormed Garowe prison and
released a fellow militia member who was detained for selling a vehicle
and weapons belonging to the Puntland administration. Outraged by the
incident, the prison director opened the prison gate for all the other
detainees to escape. The director and the police commander were
subsequently fired.
TFG-allied militias, antigovernment groups, extremist elements,
warlords, and clan leaders reportedly ran their own detention centers,
in which conditions were harsh and guards frequently abused detainees.
Human rights organizations and civil society leaders in Mogadishu
reported the existence of makeshift detention centers in Mogadishu
where prisoners were held during and after episodes of heavy fighting.
In prisons and detention centers, juveniles frequently were held
with adults. The incarceration of juveniles at the request of families
who wanted their children disciplined continued to be a major problem.
Female prisoners were separated from males; however, particularly in
south central Somalia, pretrial detainees were not necessarily
separated from convicted prisoners.
The Puntland administration permitted prison visits by independent
monitors. An agreement between Somaliland and the UN Development
Program (UNDP) allows for the monitoring of prison conditions. There
were no visits by the International Committee of the Red Cross to
prisons in Somaliland or in the rest of Somalia during the year, but a
Prisons Conditions Management Committee organized by the UNDP and
comprised of medical doctors, government officials, and civil society
representatives continued to visit prisons in Somaliland. During the
year UNDP managed a program to improve the Somaliland prisons by
building new facilities and assisting in training wardens and judicial
officials.
d. Arbitrary Arrest or Detention.--In the absence of enforced
constitutional or other legal protections, the TFG, militias allied to
it, and various clan militias across the country continued to engage in
arbitrary arrest and detention, and there was no system of due process.
Although precise figures were unobtainable, local human rights
organizations and international organizations reported that, although
there were fewer arrests than last year, TFG and ENDF forces had
arrested thousands of persons, most of whom were quickly released.
However, many were detained for longer periods in up to eight detention
facilities and allegedly subjected to beatings, mistreatment, and
torture. A 2008 Human Rights Watch report stated that released
individuals described serious abuses of detainees by TFG and ENDF
forces. The same report accused TFG police of arbitrarily arresting
civilians to extort money from their families. Reports by NGOs and
other international organizations indicate that mistreatment continued
during the year.
In January 13, TFG forces arrested 35 persons at a Baidoa mosque
after evening prayer. The TFG regional security commander reportedly
stated they were looking for criminal suspects in the congregation.
On April 19, ENDF detained for several days an estimated 40
madrassa children after a raid in Hidaya following clashes with
antigovernment groups.
Role of the Police and Security Apparatus.--The police were
generally ineffective, underpaid, and corrupt. With the possible
exception of approximately 2,000 UN-trained police known as the Somali
Police Unit, members of the TFG titular police forces throughout the
country often directly participated in politically based conflict and
owed their positions largely to clan and familial links to government
authorities. There were continued allegations that TFG security
officials were responsible for extrajudicial killings, indiscriminate
firing on civilians, arbitrary arrest and detention, rape, extortion,
looting, and harassment.
In Somaliland an estimated 60 percent of the budget was allocated
to maintaining a militia and police force comprised of former soldiers.
Abuses by police and militia members were rarely investigated, and
impunity was a problem. Police generally failed to prevent or respond
to societal violence.
On January 27, Puntland military elements stormed the Puntland
Central Bank in Garowe, blocked all vehicular and pedestrian routes,
and held employees hostage to protest several months of unpaid
salaries. After approximately one hour, the military dispersed after
negotiations with Puntland authorities. The Puntland police force has
never been paid on a regular basis, and the armed militia was not
aligned with the Somali National Army.
Arrest and Detention.--Judicial systems were not well established,
were not based upon codified law, did not function, or simply did not
exist in most areas of the country. The country's previously codified
law requires warrants based on sufficient evidence issued by authorized
officials for the apprehension of suspects; prompt notification of
charges and judicial determinations; prompt access to lawyers and
family members; and other legal protections for the detained. However,
adherence to these procedural safeguards was rare. There was no
functioning bail system or the equivalent.
Arbitrary arrest was a problem countrywide.
Authorities in each region arbitrarily arrested journalists during
the year (See Section 2.a.). TFG forces also arrested NGO and UN
employees during the year (See Section 4.).
TFG-allied militia, who were not paid wages, arrested persons at
random and demanded ``bail'' from their family members as a condition
for their release, according to international and local NGOs. In May an
investigative journalist reported that TFG paramilitary groups under
the command of the Mogadishu mayor, the police commissioner, and the
head of national security extorted money from relatives of detainees in
their custody to secure their release.
TFG police often detained persons without charge. For example, on
January 22, the TFG police released Yusuf Mohamed Barow, director of
Holy Quran radio in Mogadishu after two months of detention. On January
27, TFG released Ahmed Dirie, spokesman for the Hawiye Traditional and
Unity Council (HTUC), and several other Hawiye clan elders after they
were detained for three months. On April 24, TFG security released
Mohamed Shidane Daban, Banadir Radio reporter, from detention three
months after he was arrested at Mogadishu airport in connection with
the death of Mohamed Ali, a Banadir administration official who was
killed in a roadside bomb explosion in January. None of these persons
was charged with a crime.
There also were reports of politically motivated arrests. In April
Yusuf Ali Harun, the TFG's former chief justice, and Justice Mohamed
Nur were released. Harun and Nur were arrested in September 2007 by the
TFG National Security Service on orders from Abdullahi Barre, the
attorney general, on charges of corruption and misuse of office. There
were reports that arrested persons were sometimes held for extended
periods while awaiting trial. Militias and factions held pretrial
detainees without charge and for lengthy periods.
Authorities in Somalia arrested or detained numerous persons
accused of terrorism and support for the former Islamic Courts and al-
Shabaab. Authorities in Kenya subsequently arrested other suspected
terrorists after they fled Somalia. According to media reports and
human rights NGOs, some of those detained in 2007 were released, while
others were transferred without judicial process to Ethiopia. There
were no reports of new transfers. In May 2007 Ethiopian authorities
acknowledged that 41 suspected foreign terrorists were being held and
investigated, although most were released by the end of 2007. In June
more of these suspects were released.
Irregular forces and extremist elements arrested and detained
persons. For example, on August 15, in Jowhar town in Middle Shabelle
Region, forces affiliated with the Islamic Courts Union (ICU) arrested
12 persons who were allegedly consuming and selling drugs. There was no
further information as to the whereabouts of those arrested at year's
end.
e. Denial of Fair Public Trial.--The TFC provides for an
independent judiciary, but there was no functioning judicial system for
the TFG to administer. The TFC outlines a five-year transitional
process that includes the drafting of a new constitution to replace the
1960 constitution that was in force prior to the 1991 collapse of the
Barre regime; however, for many issues not addressed in the charter,
the former constitution still applies in principle.
The TFC provides for a high commission of justice, a supreme court,
a court of appeal, and courts of first reference; however, in practice
no such courts existed. Some regions established local courts that
depended on the predominant local clan and associated factions for
their authority. The judiciary in most areas relied on some combination
of elements from traditional and customary law, Shari'a, and the penal
code of the pre-1991 government.
The Somaliland constitution provides for an independent judiciary;
however, the judiciary was not independent in practice. The Somaliland
constitution is based on democratic principles, but the region
continued to use laws that predate the constitution, some of which
contradict democratic principles. Functional courts exist though there
was a serious lack of trained judges and a shortage of legal
documentation to build judicial precedence in Somaliland. Untrained
police and other unqualified persons reportedly served as judges.
International NGOs reported that local officials often interfered with
legal matters and that the Public Order Law in Somaliland was often
used to detain and imprison persons without trial.
The Puntland Charter provides for an independent judiciary;
however, the judiciary was not independent in practice. The charter
also provides for a Supreme Court, courts of appeal, and courts of
first instance. These courts function, though they lack the capacity to
provide equal protections under the law.
Clans and subclans frequently used traditional justice, which was
swift. For example, in March a militia leader was publicly executed in
Kismayo for killing another militia member in Jilib. Traditional
judgments sometimes held entire opposing clans or subclans responsible
for alleged violations by individuals.
Trial Procedures.--The TFC provides for the right to be represented
by counsel. That right and the right to appeal did not exist in those
areas that applied traditional and customary practices or Shari'a.
In Somaliland the rights to be represented by counsel and to appeal
were more often respected. Authorities in this region did not recognize
the TFC and continued to apply the Somaliland constitution, as well as
pre-1991 laws.
In Puntland, as in most other areas of Somalia, clan elders
resolved the majority of cases using traditional methods; those with no
clan representation in Puntland, however, were subject to the
administration's judicial system.
Political Prisoners and Detainees.--There were no official reports
of political prisoners or detainees, although some arrests and
detentions appeared to be politically motivated.
Civil Judicial Procedures and Remedies.--The inability of the
judiciary to handle civil cases involving such matters as defaulted
loans or contract disputes encouraged clans to take matters into their
own hands and led to increased interclan conflict. There were no
lawsuits seeking damages for, or cessation of, a human rights
violation. With the breakdown of the rule of law and the lack of a
coherent legal system or effective government, individuals were not
afforded adequate protection or recourse.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The TFC provides for the sanctity of private property
and privacy; however, looting, land seizure, and forced entry into
private property continued in Mogadishu and elsewhere with impunity.
The Puntland Charter and the Somaliland constitution recognize the
right to private property; however, authorities did not generally
respect this right in practice.
On March 4, armed militia associated with the TFG opened fire and
looted Bakara market, Mogadishu's main market. Dressed in civilian
clothes, the armed men burglarized shops and seized valuable goods. A
combined contingent of ENDF and TFG forces cordoned off the market,
providing cover for those looting the market. Despite promises by the
prime minister, there was no investigation and no perpetrators were
punished.
Throughout the year TFG forces extorted money from public service
vehicles and truck drivers transporting goods. On February 26, a TFG
soldier manning a checkpoint in Hodan district of Mogadishu shot and
killed a bus driver for not paying the extortion fee.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Killings.--Fighting during the year among TFG/ENDF troops, extremist
elements, antigovernment groups, and al-Shabaab in south central
Somalia resulted in the deaths of at least 3,000 persons, as reported
by the Somalia-based Elman Human Rights Organization. An estimated
5,000 others were injured, and the UN High Commissioner for Refugees
(UNHCR) reported that over one million civilians were displaced, some
several times, as a result of conflict during the year. All parties to
the conflict employed indiscriminate, lethal tactics. Antigovernment
and extremist groups, including al-Shabaab, were accused of launching
mortar attacks from hidden sites within civilian populated areas, and
using civilians as human shields. In addition, such groups reportedly
conducted suicide bombings, used landmines and remote controlled
roadside bombs, and conducted targeted killings of journalists, aid
workers, and civil society leaders. TFG/ENDF forces often responded to
such attacks with disproportionate force and indiscriminate shelling of
civilian populated areas. The NGO Human Rights Watch accused all
parties to the conflict of indiscriminate attacks, deployment of forces
in densely populated areas, and a failure to take steps to minimize
civilian harm. As a result homes, hospitals, schools, mosques, and
other infrastructure were destroyed in Mogadishu. Since the collapse of
the Government in 1991, tens of thousands of persons, mostly
noncombatants, have died in interclan and intraclan fighting. No action
was generally taken against those responsible for the violence.
For example, on March 18, in Mogadishu, three unidentified men shot
and killed an old man at Kah-Sheekhal IDP camp. At year's end there
were no developments in the case. On March 26, ICU sympathizers
believed to be from an Abgal/Agonyar sub-clan militia of the Hawiye
clan attacked Jowhar. Unconfirmed reports indicated that four persons
died and three were injured in the incident.
On December 13, at least 12 civilians who were at a water
collection point in Kaba Hirig in Lower Shabelle region died during
shelling in response to a roadside bomb targeting TFG/ENDF forces.
In its December report, Human Rights Watch documented numerous
killings including summary executions of civilians by members of the
ENDF, TFG forces, and antigovernment and extremist groups. The report
detailed cases of indiscriminate attacks by these groups and
disproportionate responses by security forces.
For example, on March 20, in the Heliwa District of Mogadishu,
Ethiopian Troops shot and killed Ali Dheere, a medical doctor.
On March 23, in the Wardhigley District of Mogadishu, TFG forces
shot and killed a three-year-old boy standing at the gate of his house
(See Section 5).
On March 28, in the Yaqshid District of Mogadishu, Ethiopian troops
opened fire on a public bus, causing the death of three passengers and
injuries to six others.
Roadside bombings, suicide attacks, and armed raids targeting TFG
officials and sympathizers as well as civil society groups continued
throughout the year. Antigovernment and extremist groups were
responsible for numerous killings of government officials and police.
Politically motivated killings by antigovernment groups resulted in the
deaths of several (senior TFG officials and members of the Banadir
regional administration, including district commissioners and their
deputies, and security and court officials. For example, on March 19,
unidentified armed men shot and killed Moallim Osman, a neighborhood
leader, in the Waberi district of Mogadishu. More than 10 district or
deputy district commissioners in and around Mogadishu were targeted by
armed gunmen, bombs, or remote-controlled explosive devices. On January
5, unknown gunmen killed Sheikh Ibrahim Goole, Beletweyn district
judge. On February 1, gunmen killed Abbas Nur Galeyr, spokesman for the
Mogadishu mayor, only a month after his predecessor was killed. Also in
February gunmen in Mogadishu's Yaqshid district killed Abdullahi
Muhammad Qasim, Banadir region director of social affairs. None of the
assailants were identified by year's end. Al-Shabaab claimed
responsibility for several attacks against the TFG and its supporters
during the year.
During attacks on police stations in Mogadishu and elsewhere,
antigovernment groups summarily executed police officers. In a June 27
attack on Dayniile police station, 10 police officers were killed and
five were injured.
There were numerous reported cases of TFG security forces killing
civilians whom they suspected of planning attacks or giving information
to antigovernment forces. For example, on February 27, TFG forces
killed Abukar Abdisalan Adan in front of his Mogadishu home. On March
13, militia associated with the TFG killed a madrassa teacher. On March
20, police killed two armed militia and arrested 10 at Alhamdulilah
police barracks after they attempted to use force to pass a roadblock.
On August 9, near Elasha Biyaha, Ethiopian-trained TFG police
reportedly killed four civilians and injured women operating a nearby
restaurant in response to an explosion targeting them.
During the year security forces killed persons waiting for food
aid.
No action was taken against security officials responsible for
civilian deaths during the year.
On April 15, one person was killed and seven injured when police
manning a checkpoint opened fire on a minibus that apparently did not
stop.
During the year attacks on Ugandan and Burundian troops
participating in the African Union's Peace Support Mission (AMISOM)
increased. On April 8, a suicide car bomb explosion in Mogadishu killed
a Burundian peacekeeper. On May 23, an AMISOM vehicle hit a roadside
mine while on a mine clearing operation in Mogadishu, injuring four
Ugandan peacekeepers. On September 14 and 15, two Ugandan soldiers were
killed and two injured in separate attacks.
Landmines throughout the country resulted in human and livestock
casualties, denial of access to grazing and arable land, and road
closures. The UN Children's Fund (UNICEF) reported a continued
proliferation of mines and ordnance during the year resulting in
numerous deaths and injuries due to landmines. Antipersonnel and
antivehicle landmines, most of them remotely controlled, were
frequently deployed by antigovernment groups against TFG forces, ENDF
troops, and civilians.
For example, on January 12, Osman Mohamed Barre, Hiran regional
supreme court chairman, escaped with minor wounds when a remote
controlled roadside bomb destroyed his car in Beletweyn; the explosion
also injured two civilians. On April 7, a land mine in Beletweyn killed
six civilians and injured 27. On August 3, a roadside bomb killed 20
women cleaning Mogadishu streets and injured 47 others. Al-Shabaab
reportedly warned the women against cleaning the streets as their
actions might trigger landmines laid for TFG/ENDF. Also in August an
al-Shabaab gunman shot and killed a businesswoman in Afgoe for selling
eggs to Ethiopian troops.
Attacks on and harassment of humanitarian, religious, and NGO
workers resulted in numerous deaths.
Numerous children were killed while playing with unexploded
ordnance (UXO). For example, on February 23, a multiple land mine
explosion in Ashagabi, a remote village in Baidoa, injured eight
children. On March 18, three children were killed and another injured
in Balguri village in Afgoe while playing with unexploded ordnance. On
July 10, in Hawlwadag District in Nugal Region, four children were
killed and nine injured when an UXO they found detonated. In
Somaliland, as in previous years, children continued to be the largest
casualty group in accidents caused by UXO.
Police officers and local administrators also were killed by
landmines. For example, on July 5, a Yaqshid deputy district
commissioner, his wife, and three guards were killed and five others
injured when their vehicle hit a roadside mine.
Physical Abuse, Punishment, and Torture.--On February 2, TFG
security forces beat, harassed, and briefly detained a Somali medical
doctor who worked in Madina Hospital. After several hours and
intervention by the police commissioner, the doctor was released.
Throughout the year Ethiopian forces clashed with armed militias,
causing civilian deaths, destruction of property and displacement.
Local human rights groups accused ENDF of committing abuses including
indiscriminate and excessive use of force, shelling residential areas
and market places, arbitrary arrests, and aiding TFG forces in looting.
Many of these incidents occurred in reaction to an attack by insurgents
or other antigovernment groups.
For example, on April 19, ENDF reportedly killed 21 civilians in
Mogadishu, including Sheikh Said Yahya, a prominent Tabliqh cleric, and
several members of his congregation in Hidaya mosque. On the same day,
ENDF detained over 40 children who were at the mosque's school. The
children were released after several days. In July ENDF reportedly
fired several artillery shells in the western districts of Beletweyn
before deploying ground forces to combat insurgent groups in the town.
The incident resulted in civilian deaths and displaced approximately
70,000 persons. On August 16, ENDF opened fire on two minibuses
following a roadside explosion, reportedly killing 60 civilians. On
August 21, after an attack on Villa Somalia, ENDF shelling in Bakara
market reportedly killed at least 10 civilians and injured several
others at Bakara mosque. Local human rights organizations reported 80
civilians killed and more than 100 injured during an August ENDF
offensive against insurgents in the Yaqshid, Heliwa, Hodan, and
Wardigley districts of Mogadishu.
Child Soldiers.--The recruitment and use of children in militias
and other fighting forces was a longstanding practice in the country
and continued during the year. Children continued to be recruited into
militias by the TFG and its related forces, as well as by clan militias
and antigovernment groups. This recruitment was on occasion forced. The
May UN Security Council report of the secretary general on children and
armed conflict in Somalia cited TFG, local administrations, former
Union of Islamic Courts (UIC) and al-Shabaab as having continued
recruitment of boys and girls as young as eight into their militias.
According to the report, a boy of 14 orphaned in the conflict worked at
a TFG checkpoint and was paid 30,000 Somali shillings ($0.50) a day.
The report also mentions a 16-year-old girl who was recruited, trained
for three weeks in Hilweyne, and officially became a member of the TFG
military. Similarly, al-Shabaab conscripted children into armed
conflict and military operations in addition to using them to plant
roadside bombs and other explosive devices. According to the UN report,
al-Shabaab recruited children as young as eight from schools and
madrassas and trained them to plant bombs and carry out assassinations
for financial reward.
In July 2007 the UN Security Council Working Group on Children and
Armed Conflict called on all parties to stop recruiting children and
demobilize those serving as soldiers. In some administrations in
Somalia, like that of Jowhar, authorities committed to demobilize child
soldiers with UNICEF's assistance; however, there was no progress in
demobilizing child soldiers.
The TFG pledged to address child recruitment when ministers signed
the Paris Commitments in February 2007; however, all parties to the
conflict, including the TFG, continued to recruit child soldiers during
the year. UNICEF continued its public outreach program with radio
broadcasts to highlight the problem of child soldiers.
The Somaliland constitution contains no minimum age for recruitment
into the armed forces, but there were no reports of minors in its
forces; however, an inadequate system of birth registration made it
difficult to establish the exact age of recruits.
Other Conflict Related Abuses.--Security problems complicated the
work of local and international organizations, especially in the south.
Attacks on NGOs, looting, and piracy disrupted flights and food
distribution during the year. As a result of threats and harassment,
some organizations evacuated their staffs or halted relief food
distribution and other aid-related activities.
During the year piracy off the coast of Somalia significantly
increased, and the International Maritime Bureau identified Somali
territorial waters as the most dangerous in the world. Pirates
conducted 42 successful hijackings and 69 unsuccessful attacks on
vessels off the Somali coast. Many incidents occurred in the Gulf of
Aden, and most of the ships were brought into the waters off the coast
of Puntland and held near the coastal town of Eyl. Fueled by lucrative
ransoms, Eyl developed a burgeoning industry to support the pirates and
their hostages. Following ransom payments that in some cases reached
several millions of dollars, the hijacked vessels were released. In
each instance crews were held hostage until ransom was paid. In April
Puntland security forces stormed a hijacked ship and rescued its crew
members. They arrested seven pirates, and Puntland courts sentenced the
perpetrators to life in prison. In September Somaliland authorities
arrested and sentenced five suspected pirates to five-year prison terms
for plotting to conduct piracy off the coast of Berbera. At year's end
15 vessels and more than 200 crew members remained in the custody of
Somali pirates.
The TFG improved its treatment of humanitarian agency personnel and
ceased much of the rhetoric against NGOs common in the previous year,
but has been unable to prevent attacks against them. During the year
attacks on aid workers increased. The deteriorating security situation
and continued targeting of national and international relief workers
presented significant challenges to humanitarian operations in Somalia.
During the year 36 aid workers were killed and 28 kidnapped, 10 of whom
remained captive at year's end. In addition, 22 humanitarian vehicles
were hijacked. As a result relief agencies significantly reduced or
relocated international staff. Aid agencies increasingly relied on
national staff, who were equally under threat, and partnerships with
local implementing organizations to deliver relief assistance to
vulnerable beneficiaries.
On April 6, armed militiamen in Garowe, Puntland, opened fire on a
UNHCR vehicle. The passengers were not injured.
On April 14, four expatriates working for a private ``Christian''
school in Koshiin village of Beletweyn town were killed by remnants of
an ICU militia who moved into the town after Ethiopian forces based in
the town reinforced Ethiopian troops who were attacked en route Bulo-
Burte district (See Section 2.c.).
On May 17, unknown assailants killed Ahmed Bario, an educator who
had been managing the operations of the Promotion of Employment Through
Training project in Kismayo run by the Horn Relief Organization.
On June 22, the same day that unknown gunmen assassinated human
rights activist Engineer Mohamed Hassan Kulmiye in Beletweyn, unknown
gunmen in Mogadishu abducted Hassan Mohamed Ali ``Kenyan,'' head of
UNHCR Somalia, and held him at an undisclosed location for two months
until his August release.
On July 6, unidentified gunmen killed Osman Ali Ahmed, head of the
United Nations Development Program (UNDP) office in Mogadishu, as he
exited a mosque with his son and brother.
On August 4, in the Dharkenly district of the Banadir Region, eight
civilians were killed and 11 injured as a result of indiscriminate fire
between armed opposition groups, the TFG, and Ethiopian forces.
On August 14, at KM8 in Mogadishu, Ethiopian Forces opened fire on
a minibus en route to a hospital. The patient and six of his relatives
were killed.
On October 29, simultaneous explosions in Hargeisa targeting the
UNDP, Somaliland Elections Commission, and the Ethiopian embassy and
offices in Bossasso killed 20 persons and injured 37.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The TFC and the Somaliland
constitution provide for freedom of speech and press. However, there
were instances of harassment, arrest, and detention of journalists in
all regions of the country, including Puntland and Somaliland. The
Puntland Charter provides for press freedom ``as long as they respect
the la.''; however, this right was not respected in practice. Freedom
House has classified Somalia as ``not free'' every year from 1972 to
2008. Reporters Without Borders also gave the country a low rating for
press freedom. Journalists engaged in rigorous self-censorship to avoid
reprisals.
The print media consisted largely of short, photocopied dailies
published in the larger cities and often affiliated with one or another
of the factions. Several of these dailies were nominally independent
and published criticism of prominent persons and political leaders.
In Somaliland there were six independent daily newspapers. There
was also one government daily and two English-language weekly
newspapers. There were two independent television stations, Hargeisa TV
and Hargeisa Cable TV, and one government-owned station, Somaliland
National TV. Although the Somaliland constitution permits independent
media, the Somaliland government has consistently prohibited the
establishment of independent FM stations. The only FM station in
Somaliland was the Government-owned Radio Hargeisa.
Most citizens obtained news from foreign radio broadcasts,
primarily the BBC's Somali Service and the Voice of America's Somali
service that transmitted daily Somali-language programs. There were
reportedly eight FM radio stations and one short-wave station operating
in Mogadishu. A radio station funded by local businessmen operated in
the south, as did several other small FM stations in various towns in
the central and southern parts of the country. There were at least six
independent radio stations in Puntland.
Opposition elements, many affiliated with the former UIC and other
extremists, continued to harass journalists. Journalists reported that
antigovernment groups threatened to kill them if they did not report on
antigovernment attacks conducted by al-Shabaab. Journalists added that
publishing criticism of the opposition ingratiated them with the TFG
but subjected them to opposition threats, and vice versa. In September
the Kismayo administration established rules for journalists, including
a requirement to refrain from reporting news that undermines Islamic
law.
Journalists and media organizations in all regions reported
harassment including killings, kidnappings, detention without charge,
and assaults on persons and property. Most of the experienced field
reporters and senior editors have fled the country due to direct
threats from both the TFG security forces and antigovernment groups.
Two journalists have been killed in Somalia. In Baidoa and Mogadishu,
the TFG continued to enforce strict orders against reporting or
photographing ENDF security operations.
There was one targeted killing of a journalist during the year,
compared to eight such killings in 2007. There was also one death due
to an attack unrelated to journalism. On January 28, Hassan Kafi Hared,
a Somali News Agency employee, was killed when a bomb exploded under a
passing vehicle. In June, Nasteh Dahir Farah of the BBC Somali Service
was killed in what appeared to be a targeted operation. In addition,
Bisharo Mohammed Waeys, the last woman in Puntland working openly as a
journalist, escaped an assassination attempt in May. There were no
arrests in connection with any killings or attempted killings of
journalists during the year.
Numerous journalists were arrested and detained during the year.
For example, on January 13 an editor, Bashir Mohammed Abdulkadir, and
the director, Abdirahman Mohamed Hassan (Hudeyfi), of Somaliweyn Radio
were arrested in Mogadishu for unknown reasons by TFG personnel. They
were released after 19 and 14 days, respectively. On January 15, BBC
freelance reporter Ayanle Hussien Abdi was arrested in Beledweyne in
Hiran Region, allegedly for failing to attend a press conference called
by the regional governor. He was released after two days in custody. In
April Somaliland police arrested Jamhuuriya newspaper reporter
Abdirahman Muhammad Habbane in Awdal Region for unknown reasons and
reportedly released him after a few days in custody. In April five
journalists from Radio Voice of Peace were arrested after a raid on the
station, which led to the station's temporary closure. They were held
for four days, and the station resumed broadcasting shortly after the
raid. On May 9, Director of the Somali Broadcasting Corporation (SBC)
Mowlid Haji Abdi was detained for approximately 12 hours by the
Puntland Regional State police for SBC's reporting on armed conflict in
Puntland. In June Abdulkadir Mohamed Nunow, deputy director of Horseed
Media and a VOA Somali Service correspondent, was arrested and held for
one day after an interview with kidnapped Westerners.
On August 23, Canadian journalist Amanda Lindhout, Australian
photojournalist Nigel Brenan, and Abdifatah Mohammed Elmi were
abducted; no claim of responsibility was made, and the motive for the
kidnappings remained unknown. At year's end the journalists were
reportedly being held in northern Mogadishu.
Also in August Somaliland police forces in Burao arrested Universal
TV reporter Fosi Suleyman Aw Bindhe at the venue where the opposition
Kulmiye political party was holding its central committee meeting. He
was held for six days.
In February the Waayaha Press newspaper office was attacked and
looted by TFG security forces, who allegedly threatened the journalists
with reprisal if they reported the incident.
On September 17, Abdiqani Ismail Goh was arrested by Somaliland
Police after head of Somali Red Crescent (SRC) in Las Anod Dakir Ali
Nur filed a complaint against Goh for his Internet reporting on SRC's
food distribution. Goh was released on September 22 without trial or
further explanation.
On November 3, Hadis Mohammed Hadis was arrested at Igal
International Airport by Somaliland Criminal Investigations Department
(CID) agents. According to journalists in Hargeisa, Hadis was arrested
after local residents saw him filming the sites of the dual bombings on
October 29 in Hargeisa and then followed the journalist while speaking
on a telephone about the bombings. He was released on November 18.
On November 16, Radio Galkayo was shut down by Puntland police and
Hassan Mohammed Jama, director of Radio Galkayo, was arrested and
detained for five days. These actions were reportedly in response to
Radio Galkayo's reporting on the upcoming Puntland presidential
election, an activity that had been prohibited by the Puntland regional
government.
On November 26, a British and a Spanish journalist were abducted in
Bosasso.
Several broadcasting stations were closed during the year. In
March, Radio Simba, Radio Shabelle, and Horn Afrik were forcibly closed
by TFG forces, who removed equipment, disabling stations. In April
Radio Voice of Peace was reportedly raided and closed, and five
journalists were arrested and held for four days.
At least two radio stations were closed by Islamic administrations.
On December 10, Radio Markabley in Bardhere district in Gedo region was
closed by an al-Shabaab administration that claimed the station was
broadcasting forbidden music. On December 13, the Kismayo branch of
Horn Afrik was closed for undisclosed reasons.
Journalists report continued pressure from both the TFG and
opposition elements to provide favorable reporting for each side, with
threats of reprisal if reporting was perceived to be critical of them.
Internet Freedom.--There were no government restrictions on access
to the Internet, but opposition elements in Mogadishu reportedly
closely monitored Internet use and were believed to be the authors of
anonymous e-mail threats to local journalists. Media outlets continue
to create Web sites associated with their broadcast operations,
resulting in a proliferation of news-oriented Somali language Web
sites. The Web sites are widely viewed, and Internet use was widespread
in both rural and urban areas.
Academic Freedom and Cultural Events.--There were few functioning
universities in Somalia-three in Mogadishu, three in Somaliland, and
three in Puntland. There were dozens of others that existed only in
name. There were restrictions on academic freedom, and academicians
practiced self-censorship. In Puntland a government permit was required
to conduct academic research.
There were no official restrictions on attending cultural events,
playing music, or going to the cinema, although the security situation
effectively restricted access to and organization of cultural events.
In certain areas local Islamic groups established rules for public
conduct, similar to 2006, when the (UIC) controlled much of south
central Somalia. For example, in September the Islamic administration
that controls Kismayo asked that radio stations cease playing
``immoral'' music.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The TFC, the Somaliland constitution, and the Puntland
Charter provide for freedom of assembly; however, a ban on
demonstrations continued, and the lack of security effectively limited
this right in many parts of the country. Use of excessive force by
security personnel to disperse demonstrators resulted in numerous
deaths and injuries.
For example, on May 6, TFG police killed five demonstrators when
thousands marched in the streets of Mogadishu to demonstrate against
rising food prices and merchants' refusal to accept old currency notes.
On April 27, Somaliland police killed three persons and injured
several others while dispersing a demonstration. On July 18, police in
Hargeisa killed two civilians and injured an estimated seven after
firing into a group of youth demonstrators.
The use of excessive force by security forces in south central
Somalia resulted in the deaths and injuries of persons assembled at
food distribution centers. On June 25, TFG forces reportedly killed an
estimated five persons while dispersing a crowd gathered at a food
distribution center.
Freedom of Association.--The TFC provides for freedom of
association; however, the TFG did not permit freedom of association
during the year. The Puntland Charter provides for freedom of
association; however, the Puntland administration continued to ban all
political parties.
The Somaliland constitution provides for freedom of association,
and this right was generally respected in practice; however, in July
2007 Somaliland authorities arrested three opposition politicians who
were planning to form a new political party. These persons were
released in December 2007. President Riyale stated that he issued an
official pardon; however, their judicial record was not cleared, and
the leaders were effectively blocked from participating in the
electoral process as candidates for any party.
Legislation governing the formation of political parties in
Somaliland limits the number of parties allowed to contest general
elections to three. An ad hoc commission nominated by the president and
approved by the legislature was responsible for considering
applications. The law provides that approved parties obtaining 20
percent of the vote are allowed to operate. There were three approved
political parties.
c. Freedom of Religion.--While the TFC provides for religious
freedom, this right was widely ignored in practice. The TFG generally
did not enforce legal restrictions or protections concerning religious
freedom.
Militia groups, particularly those associated with al-Shabaab and
individuals previously affiliated with the UIC, at times imposed a
strict interpretation of Islam on communities under their control.
There were reports that individuals who did not practice Islam were
discriminated against, and at least four nonobservant Somalis may have
been killed.
The TFC, Somaliland constitution, and Puntland Charter establish
Islam as the official religion. Somalis are overwhelmingly Sunni
Muslims of a Sufi tradition. There also is a very small, extremely low-
profile Christian community, in addition to small numbers of followers
of other religions. The constitution and/or charters governing the
various regions provide the right to study and discuss the religion of
one's choice. However, the Government does not permit freedom of
worship. The number of adherents of strains of conservative Islam and
the number of Islamic schools supported by religiously conservative
sources continued to grow.
In Puntland, only Shafi'iyyah, a moderate Islamic doctrine followed
by most citizens, is allowed. Puntland security forces closely
monitored religious activities. Religious schools and places of worship
must receive permission to operate from the Ministry of Justice and
Religious Affairs, but such permission was granted routinely to schools
and mosques espousing Shafi'iyyah.
In Somaliland religious schools and places of worship must obtain
the Ministry of Religion's permission to operate. Proselytizing for any
religion except Islam is prohibited in Puntland and Somaliland and
effectively blocked by informal social consensus elsewhere in the
country. Apart from restrictions imposed by the security situation,
Christian-based international relief organizations generally operated
freely as long as they refrained from proselytizing. However, on April
13, a militia reportedly affiliated with al-Shabaab killed four
Christian teachers at their school in Beledweyne.
Societal Abuses and Discrimination.--During the year, in the Bay
and Lower Juba regions as well as in Mogadishu, Muslim extremists
killed several prominent clerics. On August 15, armed youth lobbed
grenades at a mosque in Doblay. The mosque is used by members of the
Takfir, a Muslim sect that brands all other Muslims ``unbelievers,''
killing two persons.
Suspected Islamic extremists bombed cinemas and attacked persons
whom they asserted were not behaving ``appropriately.'' On March 26, in
Shalmbot town of Lower Shabelle, unidentified UIC supporters hurled a
hand grenade to a cinema house resulting in four persons injured.
During the year clan-based militias and militias associated with the
former UIC and al-Shabaab temporarily occupied several towns, closing
institutions and regulating behavior deemed un-Islamic.
Non-Sunni Muslims often were viewed with suspicion by members of
the Sunni majority. Non-Muslims who practiced their religion openly
faced societal harassment. Although not legally prohibited, conversion
from Islam to another religion was considered socially unacceptable.
Those suspected of conversion faced harassment or even death from
members of their community.
In April a worshipper was stabbed in a mosque in Somaliland after
two groups clashed in a mosque over differences in interpretation of
Islamic beliefs.
The small Christian community kept a low profile. There were no
public places of worship for non-Muslims in Somalia. Christians, as
well as other non-Muslims who proclaim their religion, faced harassment
or even death.
There is no known Jewish community in the country, and there were
no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The TFC and the Puntland Charter
provide for freedom of movement within the country; however, this right
continued to be restricted in some parts of the country. Checkpoints
operated by the TFG, TFG-allied militias, and armed clan factions
inhibited passage and exposed travelers to looting, extortion, rape,
and harassment, particularly of civilians fleeing conflict. For
example, on March 23, militias in Kismayo put local checkpoints within
the town, halting local transportation and attacking community elders.
According to the UN, checkpoints increased to over 400 in south and
central Somalia. In the absence of effective governance institutions,
few citizens had the documents needed for international travel.
The law does not prohibit forced exile; however, none of the
authorities used forced exile during the year.
There were no organized repatriations to any region of Somalia
during the year.
Internally Displaced Persons (IDPs).--UN agencies estimated that
since January 2007 approximately 870,000 persons had fled their homes
in Mogadishu and its surroundings as a result of ongoing conflicts
between TFG/ENDF forces and antigovernment groups. The Somalia office
of the UNHCR, based in Kenya, estimated that there were approximately
1.1 million IDPs in the country as a result of internal conflict,
flooding, droughts, and other causes going back to the early 1990s.
Many of the newly displaced lived without basic services, primarily
settling on the Afgoye corridor between Mogadishu and Baidoa. Militia
groups, aligned with both sides of the conflict, have restricted access
during food distributions. During the year Puntland authorities in
Galkayo and Garowe forcibly repatriated Somalis from south central
Somalia.
Protection of Refugees.--The 1990 constitution and TFC do not
include provisions for granting asylum or refugee status in accordance
with the 1951 UN Convention relating to the Status of Refugees and its
1967 protocol, and there was no official system for providing such
protection. The authorities provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened, and in practice the authorities granted
refugee status or asylum. The UNHCR reported approximately 9,600
refugees and asylum seekers in northern Somalia; other estimates were
as high as 1.5 million displaced due to conflict, food shortages, and
inflation, which made it impossible to purchase rations. An additional
3.5 million Somalis were in need of humanitarian assistance; however,
insecurity in south and central Somalia has limited the access of UN
and international aid workers. UN agencies reported that 36
humanitarian workers were killed in Somalia during the year.
Somaliland authorities cooperated with the UNHCR and other
humanitarian organizations in assisting refugees and asylum seekers.
The UNHCR reported that more than 31,375 Somalis attempted to cross
illegally from Somaliland and Puntland, and Djibouti to Yemen during
the year, resulting in at least 328 confirmed deaths and another 359
missing and presumed dead.
In January 2007 the Kenyan government closed its border to all
traffic to and from Somalia, although it later allowed humanitarian
relief supplies to enter Somalia on a case-by-case basis. Despite the
border closure, an estimated 60,000 asylum seekers made their way to
the already overcrowded Dadaab refugee camps in Kenya through the
porous border during the year, significantly more than in 2007. The
UNHCR estimated that more than 80,000 Somalis sought refuge in
neighboring countries.
There continued to be reports that Somali women, girls, and in
isolated cases men, were raped in refugee camps in Kenya during the
year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
In the absence of effective governance institutions, citizens could
not exercise the right to change their government. The country was
governed by an internationally recognized, although unelected, TFG with
a mandate until 2009 to prepare the country for national elections.
Clan leaders operated as de facto rulers in most regions under the
nominal control of the TFG. Although many such leaders derived their
authority from the traditional deference given to clan elders, they
often faced opposition from intraclan groups and political factions, as
well as from the perceived central authority of the TFG.
Elections and Political Participation.--The TFG was formed in late
2004 and early 2005 following two years of negotiations in Kenya, which
were led by the Intergovernmental Authority on Development. The TFC is
the legal framework for the transitional federal institutions of
parliament and government, which operate under a five-year mandate that
expires in 2009. In 2004 the clan-based TFP elected Abdullahi Yusuf
Ahmed, the former president of Puntland, as transitional federal
president, and he then appointed Ali Mohammed Gedi as prime minister.
After Gedi resigned in October 2007, in November 2007 President Yusuf
appointed Nur ``Adde'' Hassan Hussein as prime minister. Yusuf
attempted to remove Prime Minister Hussein, first by supporting a
parliamentary vote of ``no-confidence'' and then by dismissing him
through a presidential decree. Both plans backfired and after
significant discord within the TFG, on December 29, Abdullahi Yusuf
resigned. Elected in January 2007 as speaker of parliament, Sheikh Adan
Mohamed Nur became interim president following Yusuf's resignation. The
TFC stipulates that the interim president remain in office for 30 days
until the parliament selects a new president. At year's end Nur
remained the interim president.
Following the TFG/ENDF defeat of the UIC in late 2006, the
Government moved its base from Baidoa to Mogadishu; however, the TFP
remained in Baidoa. One of the key outcomes of the 2007 National
Reconciliation Congress (NRC) to reconcile all Somali clans and build
support for the transitional process was the appointment of government
ministers from outside parliament.
In January, after consulting with members of parliament and clan
leaders, Prime Minister Hussein appointed a new, smaller cabinet. Many
of the ministers were from outside the TFP. Also in January the prime
minister effectively established all executive operations in Mogadishu.
After taking office the prime minister began advancing the cause of
reconciliation, particularly in Mogadishu, reaching out to the business
community, clan elders, and civil society.
In September 2007 ousted parliamentarians, significant elements
from the former UIC, and civil society leaders held a conference in
Asmara and formed a political organization called the Alliance for the
Re-liberation of Somalia (ARS). Sheikh Sharif Ahmed, former UIC
Chairman, became the chairman of the ARS and Sharif Hassan Sheikh Adan,
the first speaker of the TFP, became the chairman of the ARS Central
Committee. In May the TFG and the ARS began UN-facilitated discussions
in Djibouti to establish a peace process. During the first stage of
meetings, the majority of the ARS leadership relocated from Eritrea to
Djibouti, where many were granted citizenship. The ARS also committed
to taking part in a political transition through elections.
On June 9, the leaders of the TFG and the ARS agreed to an 11-point
UN-brokered agreement to cease all armed confrontation, ensure
unhindered humanitarian access, and work toward a durable peace. The
formal signing of the agreement took place on August 18, during the
first meetings of the High Level Committee and the Joint Security
Committee that were charged with implementing the agreement. The
committees met several more times during the year to draft a ceasefire
agreement and establish subcommittees to develop a peace process inside
Somalia. On October 26, the TFG and the ARS agreed to form a unity
government and support a cessation of armed confrontation. On November
25, the High Level Committee recommended a unity government consisting
of an expanded parliament and to extend the transitional period by two
years. At year's end the committees were working together to ensure
that the Djibouti Process and the presidential succession were mutually
supportive.
While Prime Minister Hussein enjoyed high marks for his
reconciliation efforts, he drew intense criticism from President Yusuf
and the TFP for not addressing financial and budgetary issues and the
deteriorating security situation. Differences between Yusuf and Hussein
on security and other issues led to an intractable rift between the two
leaders. Internal conflicts deepened with an August attempt by the TFP
to pass a no-confidence motion against the prime minister, thus
removing him from office. Following Ethiopian mediation, President
Yusuf, the prime minister and the TFP speaker signed an agreement on
August 26 to resolve internal crises, hold elections for a new Banadir
administration, improve revenue collection, redeploy security forces,
withdraw Ethiopian troops, and support the Djibouti agreement. On
November 16, Prime Minister Hussein named a new cabinet consisting of
18 ministers and 18 deputy ministers. Yusuf rejected these
appointments, but on December 15 parliament ratified the cabinet at the
same time it passed a vote of confidence in Prime Minister Hussein and
his government. The conflict between the two leaders culminated in the
December presidential decree dismissing the prime minister and Yusuf's
attempted appointment of Mohammed Mahmud Guled ``Gamadheere'' as prime
minister. Few recognized Gamadheere's appointment, and Mogadishu
residents launched public demonstrations of support for Prime Minister
Hussein. The outcry against Yusuf, including the threat of sanctions
against the former president and his allies, led to his resignation.
The Banadir regional elections were delayed by several weeks but
eventually took place on November 23 through secret ballot. Three
elected officials assumed the positions of Mogadishu mayor and Banadir
governor and first and second deputy mayor/governor. These officials
would lead the counselors in a 69-member Banadir administration who
were selected by the prime minister and an interim governing body
through complex clan negotiations.
Somaliland has a constitution and bicameral parliament with
proportional clan representation and an elected president and vice
president. Somaliland authorities have established functioning
administrative institutions in virtually all of the territory they
claim, which is the same as the Somaliland state that achieved
international recognition briefly in 1960 before entering into a union
with the former Italian colony of Somalia. In a 2001 referendum, 97
percent of voters supported Somaliland independence.
In 2006 President of Somaliland Dahir Riyale Kahin postponed
elections for the parliament's House of Elders and initiated a process
to extend the mandate of the unelected upper house, or Guurti, for four
years. On April 10, presidential and local elections scheduled for July
and August were again postponed, this time by the Guurti. As in 2006,
opposition parties again declared the process illegal. The Guurti
decided to extend President Riyale's term in office for an additional
year. Subsequent to international mediation the stakeholders agreed to
a new electoral timetable and a national voter registration process
where each Somaliland citizen would also receive a national ID card. By
year's end the registration process had concluded successfully in most
of Somaliland's regions. During the year it was reported that
presidential elections were scheduled for April 6, 2009, and were to be
followed by local elections.
In December 2007 Somaliland opposition figures Mohamed Abdi
Gaboose, Mohamed Hashi Elmi, and Jamal Aideed Ibrahim were released
from prison after serving three months on charges of founding an
illegal organization and creating instability. At year's end the three
leader's political rights were not fully restored. They were able to
register to vote, but they were not allowed to participate in the
electoral process as a candidate for any party.
In 1998 Puntland declared itself a semiautonomous regional
government during a consultative conference of delegates from six
regions that included traditional community elders, the leadership of
political organizations, members of local legislative assemblies,
regional administrators, and civil society representatives. Puntland
has a single-chamber quasi-legislative branch called the Council of
Elders, which has played a largely consultative role. Political parties
were banned. General Mohamud Muse Hersi was elected president by the
Puntland Parliament in 2005. Parliamentary representatives are seated
by their respective clan elders, and on December 30, Puntland's
election and ratification commission announced the names of 66 new
members of parliament selected by clan elders in the six administrative
regions.
Some Puntland cabinet ministers had their own militias, which
contributed to a general lack of security. As part of the election
process, each presidential candidate was required to pay a $5,000
qualification fee and each vice-presidential candidate a $2,500 fee.
Some of these funds were to be used for security during the
proceedings.
Somaliland and Puntland continued to contest parts of Sanaag
region, as well as the Sool region and the Buhodle district of Togdheer
region during the year. Both governments maintained elements of their
administrations in the Sanaag and Sool regions, and both governments
exerted influence in various communities. During the year there were
renewed hostilities in Las Anod, Sool region. On January 13, Puntland
militia attacked Somaliland troops stationed near Dhabansaar village,
southeast of Las Anod. There were no reports of casualties, but
Somaliland forces took an estimated 40 of the Puntland troops prisoner.
Tensions between pro-Puntland and pro-Somaliland militias remained high
in the Las Anod area. Humanitarian aid agencies reported that
approximately 9,000 families (22,000-54,000 persons) were displaced by
the fighting. On March 21, Somaliland authorities released 79 prisoners
captured in 2007 during fighting between Somaliland and Puntland forces
in Las Anod. Somaliland forces remained in control of Las Anod although
Puntland forces threatened attack and had reportedly expanded their
security presence in the surrounding areas.
There were 23 women in the 275-seat TFP; the number fell short of
the TFC requirement that at least 12 percent of parliamentary seats be
reserved for women. In the 23-member cabinet appointed in January,
there was only one woman minister, the minister for gender and family
affairs, and one deputy minister. In the 36-member cabinet ratified by
parliament on December 15, there was still only one woman minister and
one deputy minister. In the Somaliland government consisting of 28
ministers, a woman held the post of gender and family minister, and two
women were elected to the 82-member lower house of parliament. In
Puntland there have never been any women on the Puntland Council of
Elders, and in December there were two women selected as
representatives of the 66-member parliament. These two women served in
the previous Puntland parliament from 2005 to 2008. Asha Gelle held the
position of minister of gender and family and was the only female
minister in the Puntland administration. On August 8, Gelle resigned
from her position as special representative of the president for Mudug
region because of executive interference in government affairs. She
maintained her ministerial position.
There were 31 members of the minority Bantu and Arab ethnic groups
in the TFP and only one in the TFG cabinet. There were no members of
minority groups in the Somaliland parliament and cabinet. There are 136
distinct sub-clan groups in Puntland, 46 of which are represented in
parliament. These are the largest sub-clan groups and each have between
one to four representatives in the 66-member body. The other smaller
sub-clans do not necessarily consider themselves as ``minorities,'' and
most believe they represented within the larger Darod/Harti clan and
the parliamentary body.
Government Corruption and Transparency.--Official corruption was
endemic throughout the country. The law does not provide criminal
penalties for official corruption and officials frequently engaged in
corrupt practices with impunity. Corruption exists in almost every
transaction in Somalia and there is no regulatory or penal framework in
place to combat it. This is true even in the provision of humanitarian
assistance. The 2008 World Bank Worldwide Governance Indicators
reflected that corruption was a severe problem.
There were no laws providing for public access to government
information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups operated
throughout the country investigating and publishing their findings on
human rights cases. However, security considerations constrained their
ability to operate freely. The Mogadishu-based Dr. Ismael Jumale Human
Rights Center (DIJHRC) and Elman Peace and Human Rights Organization,
Isha Baidoa Human Rights Organization in the Bay and Bakol regions,
KISIMA in Kismayo, and other local human rights groups were active
during the year, although less than previously. The DIJHRC investigated
the causes of the continuing conflict in the Mogadishu area and
conducted human rights monitoring. The Mogadishu-based National Union
of Somali Journalists (NUSOJ) continued to advocate for media freedom
throughout the country. The Mogadishu-based Center for Research and
Dialogue, several women's NGOs, and other civil society organizations
also played a role in promoting intraclan dialogue, national
reconciliation, and dialogue between the TFG/Ethiopians and elders of
the dominant Hawiye clan in Mogadishu.
Somaliland human rights organizations accused authorities of
meddling in their internal affairs and fomenting conflict among them.
Attacks and incidents of harassment of humanitarian, religious,
civil society, and NGO workers resulted in at least 52 deaths during
the year. TFG officials accused NGOs and civil society organizations of
siding with opposition groups and exaggerating human rights abuses
committed by TFG forces. The TFG intimidated and arrested NGO workers,
who also received death threats from regional administrators, clan
militias, and criminals.
On January 18 in Kismayo, a roadside bomb explosion killed three
aid workers from Medecins Sans Frontieres-Holland (MSF): Victor Okunnu,
a Kenyan medical doctor; Damien Lehalle, a French logistician; and
Billan, a Somali driver. MSF subsequently closed its operations in
Kismayo.
There were numerous occurrences of looting, hijacking, and attacks
on convoys of WFP and other humanitarian relief shipments during the
year. For example, on April 1, two UN staff were hijacked and abducted
15 kilometers south of Sakow town in Middle Juba. One of the two
expatriates, thought to be British, was injured in the incident, which
was orchestrated by local militia.
On May 20, a senior national project officer for an international
NGO was shot and killed outside his house. Clan militias reportedly
were involved in the killing.
On May 21, an unidentified armed militia group attacked an
international NGO guest house compound where two expatriates and a
Somali national were residing in Awdigley, Lower Shabelle Region.
Documents and laptops were reportedly taken during the incident with
one security guard injured. The three staff were allegedly blindfolded
and taken away to an unknown destination. The two internationals were
allegedly freed after a ransom of 1 million dollars was paid, according
to local media sources.
On July 12, in the Gal-hareri District of the Galgadud Region
unidentified gunmen at a checkpoint shot and killed a senior national
staff member of a local NGO. At year's end there were no arrests or
developments in this killing.
Somaliland authorities continued to hold convicted murderers Jama
Abdi Ismail and Mohamed Ali Isse, who were sentenced to death in
November 2005 for the killing of four foreign aid workers in 2003 and
2004.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The TFC prohibits discrimination on the basis of gender or national
origin; however, societal discrimination based on clan and ethnic
origin, violence against women and widespread abuse of children
continued to be serious problems. The Somaliland constitution and the
Puntland Charter prohibit discrimination on the basis of gender or
national origin, but these rights were not respected in practice.
Women.--Laws prohibiting rape exist; however, they were not
enforced. There were no laws against spousal rape. There were no
reports that rape cases were prosecuted during the year. NGOs
documented patterns of rape perpetrated with impunity, particularly of
women displaced from their homes due to civil conflict or who were
members of minority clans. Police and militia members engaged in rape,
and rape was commonly practiced in interclan conflicts. Traditional
approaches to dealing with rape tended to ignore the victim's situation
and instead communalized the resolution or compensation for rape
through a negotiation between members of the perpetrator's and the
victim's clans. Victims suffered from subsequent discrimination based
on attributions of ``impurity.'' Women and girls in IDP camps were
especially vulnerable to sexual violence, contributing to the spread of
HIV/AIDS. In March the UNIE reported that in Mogadishu and Kismayo IDP
women and girls, particularly those belonging to minority groups, were
increasingly becoming the targets of sexual violence by youth gangs. In
Somaliland gang rape continued to be a problem in urban areas,
primarily by youth gangs, members of police forces, and male students.
Many of these cases occurred in poorer neighborhoods and among
immigrants, refugee returnees, and displaced rural populations living
in urban areas. Many cases were not reported.
Domestic violence against women remained a serious problem. There
are no laws specifically addressing domestic violence; however, both
Shari'a and customary law address the resolution of family disputes.
The UNIE reported that ``honor'' or revenge killings still took place.
No statistical information was available on the extent of domestic
violence. Sexual violence in the home was reportedly a serious problem,
linked to general gender discrimination. Women have suffered
disproportionately in the country's civil war and interclan fighting.
Prostitution is illegal and there were no statistics on its
prevalence. In the country's overwhelmingly patriarchal culture, women
do not have the same rights as men and are systematically subordinated.
Polygamy was permitted. Under laws promulgated by the former
government, girls could inherit property, but only half the amount to
which their brothers were entitled. Similarly, according to the Shari'a
and local tradition of blood compensation, anyone found guilty of the
death of a woman only must pay half the amount that would be payable to
the aggrieved family if the victim were male.
Women's groups in Mogadishu, Hargeisa (Somaliland), Bossaso
(Puntland), and other towns actively promoted equal rights for women
and advocated the inclusion of women in responsible government
positions, and observers reported some improvement in the profile and
political participation of women in the country.
Children.--Authorities generally were not committed to children's
rights and welfare. There was some progress on the child justice bill
in the TFP; however, it was not passed at year's end.
In the absence of a consistent central authority, births were not
registered in Puntland or southern and central Somalia. Birth
registration was taken seriously in Somaliland for hospital and home
births; however, limited government capacity combined with the nomadic
lifestyle of many persons caused numerous births to go unregistered.
During the year numerous attacks on schoolchildren, teachers, and
schools were reported across the country. TFG/ENDF forces, al-Shabaab
and other antigovernment groups were all responsible for targeted
attacks. On August 26, TFG security forces stormed the SYL Primary and
Secondary School firing indiscriminately and injuring five students and
two teachers. They purposely destroyed school property and stole money.
The incident occurred after an unidentified gunman killed a TFG soldier
near the school. On the same day, TFG forces entered Imam Shafi'i
Primary School and fired shots at the students and teachers. There were
no injuries. Al-Shabaab and armed militia associated with the former
UIC attacked schools and killed teachers and education workers in the
country.
Less than 30 percent of the school-age population attended school,
according to UNICEF. Because of insecurity, there has not been a school
survey conducted in Mogadishu since 2006, but school enrollment rates
were lower than in 2007. UNICEF reported that more than 60 percent of
schools in Mogadishu were closed and the remaining schools operated
with reduced enrollment and attendance as many parents withdrew their
children because of security concerns. Since the collapse of the state
in 1991, education services have been partially revived in various
forms, including a traditional system of Koranic schools; public
primary and secondary school systems financed by communities, foreign
donors, and the administrations in Somaliland and Puntland; Islamic
charity-run schools; and a number of privately run primary and
secondary schools, universities, and vocational training institutes.
Few children who entered primary school completed secondary school.
Schools at all levels lacked textbooks, laboratory equipment, toilets,
and running water. Teachers were poorly qualified and poorly paid; many
relied entirely on community support for payment. The literacy rate was
estimated at 25 percent. There was a continued influx of foreign
teachers to teach in private Koranic schools and madrassas. These
schools were inexpensive and provided basic education; however, there
were reports that they required the veiling of small girls and other
conservative Islamic practices not traditionally found in the local
culture.
Child abuse was a serious problem, although no statistics on its
prevalence were available. A 2003 UNICEF report noted that nearly a
third of all displaced children reported rape as a problem within their
families, as did 17 percent of children in the general population.
During the year child abuse and rape remained a problem.
Children remained among the chief victims of continuing societal
violence. Child protection monitors verified that hundreds of children
were killed or injured during the year as a direct result of conflict.
Militia members raped children during the conflict and departure of
civilians from Mogadishu.
The practice of FGM was widespread throughout the country. There
were estimates that as many as 98 percent of women had undergone FGM;
the majority were subjected to infibulation, the most severe form of
FGM. In Somaliland FGM is illegal; however, the law was not enforced.
Puntland also has legislation prohibiting FGM, but the law was not
effectively enforced. UN agencies and NGOs made intensive efforts to
educate the population about the dangers of FGM, but there were no
reliable statistics to measure the success of their programs.
All parties to the conflict recruited and used child soldiers (See
Section 1.g.).
In its March report, the UNIE noted with concern the continued
practice of ``asi walid,'' a custom whereby parents placed their
children in prison for disciplinary purposes and without any legal
procedure. Many of these juveniles were incarcerated with adults.
A UNICEF monitoring trip at the beginning of the year revealed that
many children were imprisoned in Somaliland, most without passing
through the court system, usually for disobedience to parents or for
petty crimes. UNICEF and the UNDP started a project to provide the
children with legal assistance and have as many as possible released.
Child prostitution was practiced; however, because it was
culturally proscribed and not reported, no statistics were available on
its prevalence.
Trafficking in Persons.--The TFC does not explicitly prohibit
trafficking. In February, Puntland authorities announced that persons
who were caught engaging in alien smuggling would be punished by death.
On April 5 in the Maydh District of the Sanaag Region seven human
traffickers were captured near the coast in the Maydh District. There
are no laws against slavery or forced or involuntary prostitution.
Information regarding trafficking in the country's territory was
extremely difficult to obtain or verify; however, the Somali territory
was known to be a source, transit, and possibly destination country for
trafficked women and children, and there were reports of trafficking
during the year. Human smuggling was widespread, and there was evidence
that traffickers utilized the same networks and methods as those used
by smugglers. Dubious employment agencies were involved with or served
as fronts for traffickers, especially to target individuals destined
for the Gulf States. Somali women were trafficked to destinations in
the Middle East, including Iraq, Lebanon, and Syria, as well as to
South Africa, for domestic labor and commercial sexual exploitation.
Somali men were trafficked into labor exploitation as herdsmen and
menial workers in the Gulf States. Somali children were reportedly
trafficked to Djibouti, Malawi, and Tanzania for commercial sexual
exploitation and exploitative child labor. Ethiopian women were
believed to be trafficked to and through the country to the Middle East
for forced labor or sexual exploitation. Small numbers of Cambodian men
were trafficked to work on long-range fishing boats operating off the
coast of Somalia. Armed militias reportedly also trafficked women and
children for forced labor or sexual exploitation, and some of those
victims also may have been trafficked to the Middle East and Europe.
Trafficking networks were reported to be involved in transporting child
victims to South Africa for sexual exploitation.
Puntland was noted by human rights organizations as an entry point
for trafficking. The UNIE reported that trafficking in persons remained
rampant and that the lack of an effective authority to police the
country's long coastline contributed to trafficking. Various forms of
trafficking are prohibited under some interpretations of Shari'a and
customary law, but there was no unified policing in the country to
interdict these practices, nor was there an effective justice system
for the prosecution of traffickers.
Because of an inability to provide care for all family members,
some Somalis willingly surrender custody of their children to persons
with whom they share family relations and clan linkages. Some of these
children may become victims of forced labor or commercial sexual
exploitation. At various times, political authorities in the regional
administrations of Somaliland and Puntland expressed a commitment to
address trafficking, but corruption and lack of resources prevented the
development of effective policies and programs. Some officials in these
administrations were known to facilitate or condone human trafficking.
No resources were devoted to trafficking prevention or to victim
protection. There were no reports of trafficking-related arrests or
prosecutions. Somaliland and Puntland officials were not trained to
identify or assist trafficking victims. NGOs worked with IDPs, some of
whom may have been trafficking victims.
Persons With Disabilities.--The TFC, the Somaliland constitution,
and the Puntland Charter all prohibit against discrimination.
The TFC states that the state will be responsible for the welfare
of persons with disabilities, along with orphans, widows, heroes who
contributed and fought in defense of the country, and the elderly.
The constitution indicates that the Somaliland state is be
responsible for the health, care, development and education of the
mother, the child, the disabled who have no one to care for them, and
the mentally handicapped persons who are not able and have no one to
care for them.
The Puntland Charter safeguards and advocates for the rights of the
orphans, disabled persons and whoever needs the protection of the law.
In the absence of functioning governance institutions, the needs of
most persons with disabilities were not addressed. Several local NGOs
in Somaliland provided services for persons with disabilities.
Associations of persons with disabilities reported numerous cases of
discrimination to the UNIE.
There was widespread abuse of persons with mental illness. Without
a public health infrastructure, there were no specialized institutions
in the country to provide care or education to the mentally ill. It was
common for such persons to be chained to a tree or within their homes.
National/Racial/Ethnic Minorities.--More than 85 percent of the
population shared a common ethnic heritage, religion, and nomad-
influenced culture. However, the UNIE estimated that minority groups
constitute approximately 22 percent of the population. In most areas
members of groups other than the predominant clan were excluded from
effective participation in governing institutions and were subject to
discrimination in employment, judicial proceedings, and access to
public services.
Minority groups and low-caste clans included the Bantu (the largest
minority group), the Benadiri, Rer Hamar, Brawanese, Swahili, Tumal,
Yibir, Yaxar, Madhiban, Hawrarsame, Muse Dheryo, and Faqayaqub.
Intermarriage between minority groups and mainstream clans was
restricted. Minority groups had no armed militias and continued to be
disproportionately subject to killings, torture, rape, kidnapping for
ransom, and looting of land and property with impunity by faction
militias and majority clan members. Many minority communities continued
to live in deep poverty and to suffer from numerous forms of
discrimination and exclusion.
In Galkayo on September 16, militiamen from the Omar Mohammud
subclan shot and killed a taxi driver in Galkayo. The driver was from
the minority Marehan clan, and most residents reported that the killing
was clan-linked.
Other Societal Abuses and Discrimination.--Sexual orientation is
considered a taboo topic and there is no public discussion of this
issue in any region in Somalia. There were no reports of societal
violence or discrimination based on sexual orientation.
Persons with HIV/AIDS continued to face discrimination and abuse in
their local communities, and by employers in all parts of the country.
UNICEF reported that persons with HIV/AIDS were subjected to physical
abuse, rejected by their families, and subjected to workplace
discrimination and dismissal. Children whose parent(s) were HIV-
positive also suffered discrimination, which hindered prevention
efforts and access to services.
Section 6. Worker Rights
a. The Right of Association.--The 1960 constitution allows workers
to form and join unions, and the TFG respected this right; however, due
to the civil war and clan fighting, the only partially functioning
labor union in the country was the journalist association NUSOJ. Other
unions exist in name, but had no activities during the year. The
Puntland Charter and the Somaliland constitution also protect workers'
freedom of association. However, labor laws were not enforced in the
country, resulting in an absence of effective protection for workers'
rights.
The Somaliland Trade Union Organization (SOLTUO), formed in 2004,
claimed to have 26,000 members representing 21 individual unions.
SOLTUO claimed to be democratic and independent, but there were no
activities undertaken by the SOLTUO during the year.
The TFC allows unions to conduct their activities without
interference and grants workers the right to strike.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected by laws in Somalia, Somaliland, and Puntland,
but they are generally not enforced.
Wages and work conditions in the traditional culture were
established largely on the basis of ad hoc arrangements based on
supply, demand, and the influence of the worker's clan. There are no
export processing zones.
The TFC allows unions to conduct their activities without
interference and grants workers the right to strike. There are no
export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The pre-1991 Penal
Code and the TFC prohibit forced or compulsory labor, including by
children; however, there were reports that such practices occurred. It
could not be confirmed whether, as had been reported in 2005, local
clan militias or other armed militia forced members of minority groups
to work on banana plantations without compensation. It also could not
be confirmed if in Middle and Lower Juba, and Lower Shabelle Bantus
were used as forced labor, as in previous years.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
pre-1991 labor code and the TFC prohibit child labor; however, child
labor was widespread.
The recruiting and use of child soldiers was a problem (See Section
1.g.). Young persons commonly were employed in herding, agriculture,
and household labor from an early age. Children broke rocks into gravel
and worked as vendors of cigarettes and khat on the streets. UNICEF
estimated that from 1999 to 2005, 36 percent of children between the
ages of five and 14 were in the workforce-31 percent of males and 41
percent of females. The actual percentage of working children was
believed to be higher. The lack of educational opportunities and
severely depressed economic conditions contributed to the prevalence of
child labor.
In Somalia the Ministries of Labor and Social Affairs and Gender
and Family Affairs were responsible for enforcing child labor laws. In
Somaliland it was the Ministry of Family and Social Development and in
Puntland it was the Ministry of Labor, Youth and Sports. In practice
none of these ministries enforced these laws.
e. Acceptable Conditions of Work.--Although the TFC and the
Somaliland constitution both include provisions for acceptable working
conditions, there was no organized effort by any of the factions or de
facto regional administrations to monitor acceptable conditions of work
during the year. There is no national minimum wage. There was no
information on the existence or status or foreign of migrant workers in
Somalia. With an estimated 43 percent of the population earning less
than 40,000 Somali shillings (less than $1) per day, there was no
mechanism to attain a decent standard of living for workers and their
families. During the year high inflation, continued insecurity, and
other factors significantly decreased the standard of living in all
areas of the country. By year's end 3.5 million Somalis required
emergency humanitarian assistance.
__________
SOUTH AFRICA
South Africa is a multiparty parliamentary democracy in which
constitutional power is shared between the president and the
parliament. The country has a population of approximately 48.5 million.
On September 21, Thabo Mbeki resigned as president following his recall
by the ruling African National Congress (ANC) and was replaced by
deputy ANC president Kgalema Motlanthe on September 25. Motlanthe will
serve until mid-2009 when parliamentary elections are expected to be
held and followed by the parliamentary election of a new president. In
December 2007 Jacob Zuma was elected president of the ANC. Also in
2007, following so-called floor-crossing periods during which
legislators can switch parties while retaining their seats, the ANC
increased its representation from 279 to 297 out of 400 seats. The most
recent national election in 2004 was generally free and fair. Civilian
authorities generally maintained effective control of the security
forces.
The Government generally respected the human rights of its
citizens. However, the Government, nongovernmental organizations
(NGOs), and local media reported the following serious human rights
problems: police use of excessive force against suspects and detainees,
which resulted in deaths and injuries; vigilante and mob violence;
abuse of prisoners, including beatings and rape, and severe
overcrowding of prisons; lengthy delays in trials and prolonged
pretrial detention; forcible dispersal of demonstrations; pervasive
violence against women and children and societal discrimination against
women and persons with disabilities; trafficking in persons; violence
resulting from racial and ethnic tensions and conflicts with
foreigners; and child labor, including forced child labor and child
prostitution.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of politically motivated killings by the Government or its
agents; however, police use of lethal force during apprehensions
resulted in a significant number of deaths, and deaths in police
custody were a problem. Police efforts to control vigilante violence
also resulted in deaths. In some cases, the Government investigated and
punished the perpetrators.
According to the Governmental Independent Complaints Directorate
(ICD), there were 792 deaths in police custody or as a result of police
action from April 2007 to March 31, 2008; a 13-percent increase from
the previous year. Authorities attributed 38 percent of these deaths to
natural causes, suicide, or injuries sustained prior to detention.
The ICD reported that shootings accounted for 44 percent of deaths
in police custody or as a result of police action, with the majority of
shootings occurring during official police operations. However,
negligence was cited in six deaths, and domestic violence and off-duty
shootings in 60 deaths. The ICD report also expressed concern that
three innocent bystanders were killed in crossfire between the police
and criminals, and that 70 civilians were killed due to being hit by
police vehicles.
There were no confirmed reports of deaths from political conflict
among parties, although the Inkatha Freedom Party (IFP) alleged the ANC
was responsible for the killings of two IFP supporters in August.
Police did not find evidence of political motivation behind the
killings.
In 2007 police arrested three persons in connection with the 2006
killings of Estcourt deputy mayor Dolly Dladla and councilor Music
Mchunu, both IFP members. There was no further information available by
year's end.
Incidents of vigilante violence and mob killing continued,
particularly in Gauteng, the Western Cape, Mpumalanga, and KwaZulu
Natal (KZN) in the rural areas and townships. For example, in March in
Mpumalanga, a mob stoned a man to death after he was seen burgling a
house. Community members reportedly refused to cooperate with the
police, who made no arrests. In June vigilantes stoned a man suspected
of stabbing another man in KZN. The South African Police Service (SAPS)
opened an investigation but reported that townspeople were reluctant to
cooperate, and no suspects were arrested. The investigation was ongoing
at year's end.
In May xenophobic attacks on foreign African migrants and ethnic
minorities by South African civilians escalated, resulting in 62 deaths
and the displacement of 80,000 persons.
Killings and other violent crimes against white farmers and, on
occasion, their families, continued in rural areas. Despite concern
among the farmers that they were targeted for racial and political
reasons, studies indicated that the perpetrators generally were common
criminals motivated by financial gain. Unlike in previous years, SAPS
incorporated farm attacks and killings into overall statistics of
violence and homicide, rather than reporting them separately. The
Freedom Front Plus, an Afrikaner minority political party, and farmers'
unions criticized what they viewed as an inadequate government response
to the scale and brutality of farm attacks.
There were reports that persons accused of witchcraft were attacked
and driven from their villages in rural communities, and in some cases
murdered, particularly in Limpopo, Mpumalanga, KwaZulu Natal, and the
Eastern Cape, where suspicion of witchcraft activity could lead to
accusation, assault, forced exile, and killings, particularly of
elderly women. Traditional leaders generally cooperated with government
educational programs and reported threats against persons suspected of
witchcraft. On September 4, two brothers in the Eastern Cape admitted
to killing their younger brother, whom they suspected of practicing
witchcraft. The court case was postponed until February 2009. In April
2007 a mob in Lusikisiki in the Eastern Cape killed three family
members accused of witchcraft. Six persons were arrested. The
investigation was ongoing at year's end.
Ritual killings (Muti killings), especially of children, to obtain
body parts for traditional healing remained a problem. Unlike in
previous years, SAPS incorporated occult-related cases into its
standard crime reporting of killings and assaults and specific muti
statistics were unavailable. On November 4, a 41-year-old man in the
Eastern Cape survived an attack in which an assailant cut off his nose
and genitalia. SAPS believed the attacker was a serial killer, who used
body parts for muti purposes, and may have been responsible for
multiple muti killings. A police investigation was ongoing at year's
end.
In March 2007 eight gang members and a 63 year old traditional
healer (sangoma), who allegedly bought body parts from them, were
arrested in Umbumbulu for the alleged muti related killings and
mutilations of nine women from KZN in February 2007. Charges were
dropped against seven of the accused, including the sangoma; the
remaining two were charged with murder. On October 9, the two were
found guilty of assault with intent to do grievous bodily harm. One was
sentenced to five years in prison, while the other received a four-year
sentence, of which two years were suspended. The judge found
insufficient evidence to convict them of murder, and medical testimony
did not support the muti allegations.
In August 2007 the South African military court found Air Force
Sergeant Philippus Jacobus Venter guilty of raping and murdering a 14
year old girl while serving as a peacekeeper in Burundi in 2004. He
also was found guilty of assaulting a Burundian security guard. Venter
was sentenced to 24 years' imprisonment. On October 8, Venter appealed
the military court's ruling, claiming his constitutional right to a
fair trail was breached, as the arresting military police officer
failed to follow proper procedure. The judge reserved judgment on
Venter's appeal; the case was pending at year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
some police officers reportedly tortured, beat, raped, and otherwise
abused suspects. Police torture and physical abuse allegedly occurred
during interrogation, arrest, detention, and searches of persons'
homes. The ICD reported that 24 complaints of rape and 20 complaints of
torture were filed against police officers during its 2007-08 reporting
period. The ICD report did not indicate the disposition of these
complaints.
On October 14, 10 police officers from the Vosloorus Tracing Unit
allegedly tortured two brothers suspected of theft. On November 22, a
17-year-old alleged he was beaten and tortured by six police officers
from the Diepkloof Police Station. On November 23, Tefo Kgame collapsed
and died of unnatural causes after police allegedly beat him at the
same station. Relatives filed murder charges, but the implicated
officers were not suspended from duty. An ICD investigation was ongoing
at year's end.
Incidents of police harassment of foreigners continued,
particularly during coordinated police raids in areas where foreign
nationals resided. Some state hospitals reportedly refused emergency
treatment on a routine basis to indigent foreigners, despite
regulations requiring that hospitals provide such treatment.
Asylum seekers claimed that government-contracted security forces
outside immigration facilities used excessive force. On September 30
and October 22, security forces forcibly dispersed asylum seekers
outside the Nyanga Refugee Reception Centre in Cape Town. The media
reported that police fired rubber bullets and that contracted security
employees whipped asylum seekers. The Department of Home Affairs (DHA)
stated it would investigate and punish the perpetrators; no action had
been taken by year's end.
Injuries resulted from vigilante and mob action against suspected
criminals, in addition to acts of violence against persons suspected of
being witches.
Prison and Detention Center Conditions.--The majority of the 237
operational prisons did not meet international standards, and prison
conditions did not always meet the country's minimum legal
requirements. According to the latest Judicial Inspectorate of Prisons
(JIP) report for the period from April 2007, through March 31, 2008,
there were 165,987 prisoners in facilities designed to hold 114,559. Of
these, 6,615 inmates were foreign nationals, primarily from Zimbabwe
and Mozambique. Due to severe overcrowding, many prisoners had less
than 13 square feet in which to eat, sleep, and spend 23 hours a day.
The unmet norm applied to prisons for floor space per prisoner is
approximately 36 square feet for communal space and 60 for single
cells. According to the JIP report, there were 1,136 prison deaths in
2007-08, 1,056 of them from natural causes, including HIV/AIDS; the
remaining 80 deaths were the result of suicides, assaults, or
accidents.
A 2008 Department of Correctional Services (DCS) study on HIV/AIDS
indicated 19.8 percent of sentenced prisoners between the ages of 15
and 49 were HIV-positive. However, NGOs working on HIV/AIDS in prisons
believed that the percentage of HIV-positive prisoners was higher than
that of the general population's 25 percent. The DCS had 16 centers
dispensing antiretroviral (ARV) therapy to approximately 3,500
sentenced prisoners during the year.
According to the 2007-08 JIP report, there were 1,498 complaints of
assault by inmates on inmates and 1,004 complaints of assault by staff
on inmates. There were several reports of physical and sexual abuse by
both prison officials and prisoners. Some detainees awaiting trial
reportedly contracted HIV/AIDS through rape.
Corruption remained a problem within prisons, although in most
cases correctional services officials were either suspended or fired
following an investigation. According to the JIP report, there were 392
complaints of corruption during the annual reporting period. In
November 2007 President Mbeki ordered the Special Investigating Unit
(SIU) to look into allegations of tender abuse in the DCS. On May 20,
SIU briefed the Parliamentary Portfolio Committee on Correctional
Services. Investigations, which remain ongoing, had raised procedural
concerns, identified irregularities in 23 contracts, and recommended
433 officials for discipline. On August 20, the DCS national
commissioner launched an investigation into allegations of malfeasance
in tendering for contracts in which funds were allegedly awarded
unlawfully to a catering company.
There were allegations of corruption and abuse of detainees by
officials at the overcrowded Lindela Repatriation Center, the country's
largest detention facility for undocumented immigrants. Officers from
Lindela were among those convicted by the DCS of corruption or abuse.
Following the recommendations made by the presidentially mandated Jali
Commission in 2006, DHA assigned more staff to redress the shortfall at
the Lindela center, and new legislation shortened the deportation
process to less than a month, significantly reducing strain on center
operations.
Although the Government operated 13 youth detention facilities, the
JIP reported that 1,692 children under the age of 18 were held with
adults because they needed to be close to the courts; 867 of them had
not been sentenced at the end of the reporting period. There were
credible reports that these youths were vulnerable to sexual
exploitation, including rape.
Pretrial detainees generally were held with convicted prisoners.
The Government permitted independent monitoring of prison conditions,
including visits by human rights organizations to 83 percent of
facilities. In total the JIP received and recorded 158,362 complaints
from prisoners.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions; however, prolonged pretrial detention was
a problem, and police arbitrarily arrested demonstrators.
Role of the Police and Security Apparatus.--The SAPS, under the
Department of Safety and Security, has primary responsibility for
internal security. The South African National Defense Force (SANDF),
under the Department of Defense, is responsible for external security
but also has domestic security responsibilities. During the year the
president ordered elements of the SANDF to be deployed into townships
to assist the SAPS after xenophobic violence broke out in May. Major
cities, including Johannesburg, Durban, Pretoria, and Cape Town, also
maintained metropolitan police forces under local control.
The NPA's Directorate of Special Operations (DSO), known as ``the
Scorpions,'' was used to coordinate efforts against organized crime and
official corruption. The DSO was in the process of being disbanded
under an initiative launched by the ANC. Legislation to amalgamate the
DSO with the SAPS was passed by parliament in October. The political
opposition and general public criticized the legislation, charging that
the disbandment was retaliation for DSO investigations of high-ranking
ANC officials, including party president Jacob Zuma.
During the year the ICD received 2,101 allegations of criminal
offenses committed by police, a 3-percent increase over the previous
year, and 2,770 complaints of police misconduct, a 3-percent decline
from the previous year.
To address problems of crime and misconduct, SAPS provided its
officers with comprehensive training in corruption prevention, human
rights, and ethics, and with access to social workers, psychologists,
and chaplains to enhance psychological well-being. The ICD investigated
reports of police misconduct and crime; during the reporting period,
nine officers were found guilty of murder and sentenced to
imprisonment, while eight officers were found guilty of culpable
homicide and sentenced to imprisonment, suspended sentences, and/or
fines.
Following a presidentially mandated review of the criminal justice
system in August, Deputy Justice Minister Johnny de Lange announced the
need for major reforms. De Lange commissioned 10 task groups to
recommend reform strategies. Their work was ongoing at year's end. SAPS
continued efforts to professionalize; however, it remained ill
equipped, overworked, underpaid, and poorly trained. Although SAPS made
efforts to improve coverage in rural and township areas, the majority
of law enforcement activities remained focused on wealthy residential
and business areas.
Arrest and Detention.--The law requires arrest warrants based on
sufficient evidence and issued by a magistrate or judge and provides
that all detainees be informed promptly of the reasons for their
detention, and of their right to remain silent and the consequences of
waiving that right. Detainees must be charged within 48 hours of
arrest, held in conditions respecting human dignity, allowed to consult
with legal counsel at every stage of their detention, and permitted to
communicate with relatives, medical practitioners, and religious
counselors. Courts and police generally respected these rights.
Detainees must be released (with or without bail) unless the interests
of justice require otherwise; however, bail for pretrial detainees
often exceeded what suspects could pay. According to the annual JIP
report, 11,941 prisoners remained in detention as of March 31 because
they were unable to post bail. Some schoolchildren spent more than a
year in detention because their families could not post bail.
Human rights groups, judges, and judicial scholars continued to
express concern about the Criminal Procedure Second Amendment Act,
which mandates minimum jail sentences and prohibits bail in certain
cases.
Lengthy pretrial detention was a problem. According to the JIP
annual report, detainees waited an average of three months, but some as
long as two years, before a trial. The report found that 48,729
prisoners were awaiting trial as of March 31, an increase from 45,079
prisoners from the previous 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. However, the judiciary was
understaffed and underfunded, and there were reports that legal
documents used in trials were lost. In April files pertaining to the
case of suspended Ekurhuleni police chief Robert McBride disappeared.
Trial Procedures.--The bill of rights provides for due process,
including the right to a fair public trial within a reasonable time
after being charged, and the right to appeal to a higher court. It also
gives detainees the right to state funded legal counsel when
``substantial injustice would otherwise resul.''; however, a general
lack of information for accused persons regarding their rights to legal
representation and the Government's inability to pay for these services
remained problems.
There is a legal presumption of innocence for criminal defendants.
Judges and magistrates hear criminal cases and determine guilt or
innocence. In lieu of juries, the law requires that a panel of lay
assessors and a magistrate hear cases involving murder, rape, robbery,
indecent assault, and assault leading to serious bodily harm. The two
assessors may overrule magistrates on questions of fact. Magistrates
also can use assessors in an advisory capacity in adjudicating bail
applications and sentences. Defendants have the right to be present in
court and can question witnesses in court and present their own
witnesses and evidence. Defendants have access to government evidence
before going to court. During the year the Government operated 57
justice centers that provided legal assistance to the poor in order to
speed the administration of justice, reduce the court rolls, and
alleviate overcrowding in prisons. However, serious delays continued to
be a problem.
Political Prisoners and Detainees.--Since 2005 IFP has maintained
there were 384 IFP members in prison for political reasons. In January
the IFP petitioned both the president and the justice minister for
their release. In February the IFP took the matter to the High Court,
where the judge ordered the justice minister to consider all 384
applications for presidential pardons within three months. In April the
IFP sent a letter to the NGO Amnesty International (AI) complaining
that both President Mbeki and Justice Minister Mabandla had ignored the
matter. There were no further developments by year's end.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. There is access to the courts
to bring lawsuits seeking damages for, or cessation of, a human rights
violation.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions.
However, there were allegations of police abuse during sweeps and home
searches and criticisms of police and judicial procedures, including
that warrants were issued despite minimal evidence.
The law authorizes state monitoring of telecommunications systems,
including cellular telephones, the Internet, and e mail, for criminal
investigations. However, opposition parties and many civil society
groups opposed the law, and the provisions were not implemented by
year's end.
The Promotion of Access to Information Act is intended to assist
authorities in obtaining personal information in connection with
criminal investigations; however, opposition parties and human rights
NGOs objected to its broadly defined provision that enables the
Government to access an individual's personal information.
Farm owners continued to evict workers legally and illegally. The
law requires that evictions be approved by a court; however, less than
1 percent of evictions involved a legal process, according to the Nkuzi
Development Association, a domestic NGO. Nkuzi's extensive national
eviction survey indicated that farm workers were generally unaware of
their right to legal counsel during eviction proceedings. In Limpopo,
where several hundred evictions took place, the NGO had only two
attorneys and at times lacked funds for litigation.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights. Individuals criticized the Government both
publicly and privately without reprisal. However, several apartheid era
laws that remained in force posed a potential threat to media
independence.
The independent media expressed a wide variety of views, although
some journalists expressed concern that the Government heavily
influenced and tried to control the media. In November 2007 former ANC
presidential candidate Tokyo Sexwale launched a successful bid for a 30
percent stake in Johncom Media, which owns the Sunday Times, the
Sowetan, and part of Business Day. In November 2007 Koni Media Holdings
failed in its bid to buy a controlling stake in Johncom. Koni is owned
by foreign affairs spokesperson Ronnie Mamoepa, presidential adviser
Titus Mafolo, and former protocol chief Billy Modise, close confidantes
of former president Mbeki.
According to the South African Advertising Research Foundation,
print media reached 46.4 percent of the population. Nevertheless, the
majority received news through radio broadcasts from the Government
owned South African Broadcasting Corporation (SABC) and community radio
stations.
The SABC broadcast in the country's 11 official languages and owned
and controlled the majority of television and radio outlets. The SABC
signal reached 92 percent of the population, with a viewership share of
66 percent over the age of 16. SABC estimated that 75 percent of its
audience was black, 12 percent white, 10 percent colored, and 3 percent
Indian.
The SABC provided news coverage of the Government and the leading
opposition parties. In December 2007 President Mbeki appointed new
members to the SABC board. Supporters of Mbeki's rival, Jacob Zuma,
accused the new board of being biased towards Mbeki. The following
months saw conflict between the SABC board and Zuma allies on the
Parliamentary Portfolio Committee on Communications. On April 30, the
committee, led by ANC members and over the objections of opposition
parties, passed a vote of no confidence in the SABC board. On November
13, parliament passed the Broadcasting Amendment Bill, allowing the
president to replace any member of the board.
Low power, nonprofit community radio stations continued to play an
important role in informing the mostly rural public; however, they
often had difficulty producing adequate content and maintaining staff.
Government broadcast regulators regularly issued new community radio
licenses and withdrew others for noncompliance with the terms of
issuance.
Privately owned E.tv was the second largest channel in the country
with a terrestrial signal reaching 80.5 percent of the population. It
was also the most-viewed English language channel with a viewership of
38.4 percent over the age of 16. E.tv estimated that 70 percent of its
audience was black, with the highest growth segment being viewers from
the black middle class; 13 percent was white, 13 percent colored, and 4
percent Indian.
High ranking government and political officials on occasion reacted
sharply to media criticism and accused black journalists of disloyalty
and white journalists of racism. Some journalists believed that the
Government's sensitivity to criticism caused self censorship in the
media.
On April 23, the SABC publicly defended itself against claims it
favored the ANC. On November 3, the opposition party United Democratic
Movement filed a complaint with the Independent Communications
Authority of South Africa, accusing the SABC of granting scant airtime
to smaller parties and of cutting a November 2 scheduled interview with
five opposition parties in favor of live coverage of an ANC rally. The
ANC later filed a complaint with ICASA accusing SABC of favoring a new
party that was critical of the ANC.
Several laws remained in effect that permitted the Government to
restrict the publication of information about the police, the national
defense forces, prisons, and mental institutions. There were no reports
that these laws were invoked during the year; however, journalists and
media managers considered them a threat to constitutional protections.
The Foreign Publication Board reviewed written and graphic
materials published in, or imported into, the country. The board had
the power to edit or ban books, magazines, movies, and videos, and it
regularly exercised that power, mostly regarding pornographic material.
Journalists, media houses, and industry associations continued to
criticize efforts to extend the board's authority to newspapers and
broadcast media.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e mail or
Internet chat rooms. Individuals and groups could engage in peaceful
expression of views via the Internet, including by e-mail. A private
technology industry survey published in December estimated there were
4.5 million Internet users in the country, representing approximately 9
percent of the population. The study reported an increase in access of
12.5 percent since 2007, attributed largely to small businesses.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, police forcibly dispersed several demonstrations during the
year, which resulted in injuries.
Several protests over poor delivery of basic services took place
across the country, including violent demonstrations in Western Cape,
Gauteng, and North West provinces. Police used batons and rubber
bullets to control the demonstrations; several injuries were reported.
For example, from January 28 to 31, police in Cape Town used plastic-
coated steel bullets and stun grenades to disperse 900 members of the
South African Municipal Workers' Union, which was protesting the city's
proposed labor restructuring.
Freedom of Association.--The law provides for freedom of
association, and the Government generally respected this right.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
Societal Abuses and Discrimination.--There were occasional reports
of desecration and vandalism or verbal or written harassment directed
against religious minorities during the year.
The Jewish community was estimated at 75,000 to 80,000, although it
was contracting due to the emigration of young professionals seeking
economic opportunities. According to the Jewish Board of Deputies,
there were 59 anti-Semitic incidents recorded in 2007, down from a
record 82 the previous year. Most of these were verbal assaults, often
made by occupants of cars passing near synagogues. There were cases of
hate mail and offensive anti-Jewish literature and an incident of
offensive graffiti in a Jewish book at a school event. Two Johannesburg
kosher butcheries received telephone threats of an anti-Israel boycott.
In April the Palestine Solidarity Committee on the campus of the
University of the Witwatersrand in Johannesburg launched an anti-Israel
campaign. Within 24 hours of the launch, swastikas were spray-painted
on school property and anti-Semitic slogans appeared around campus.
Jewish students concerned for their safety removed their yarmulkes.
University administrators forced the committee to halt the campaign in
response to complaints.
On September 14, during Ramadan, unknown assailants broke into a
mosque in Potchefstroom, smeared the prayer room with blood and left
two pig heads behind. Faith groups, including the Council of Muslim
Theologians and the Bishop Desmond Tutu Diversity Trust, condemned the
desecration. Police launched an investigation; it was ongoing at year's
end.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government's policy prohibited encampment of foreign
asylum seekers and refugees in favor of free movement and integration
of documented migrants into local communities, with guarantees for the
right to work and access to social services. While this generally
offered greater liberty to foreigners, many NGOs criticized government
protection of foreigners as inadequate during the year.
The law does not prohibit forced exile; however, the Government did
not use it.
Internally Displaced Persons (IDPs).--In mid-May xenophobic attacks
against foreign African migrants and ethnic minorities by South African
civilians in townships in Johannesburg escalated into a national wave
of violence in which 62 people were killed in Western Cape, Gauteng,
and KZN provinces. Of these, 21 were South African citizens, 11 were
Mozambican, five were Zimbabwean, and three were Somali. The remaining
22 bodies were not identifiable. Fifty-three of the killings took place
in Gauteng Province. An estimated 670 persons were seriously injured
nationwide. On May 22, SANDF deployed in conjunction with SAPS to areas
where violence had occurred.
The perpetrators blamed the immigrants for job and housing losses
and increasing levels of crime. Most attacks were perpetrated by small
mobs adopting vigilante tactics, in some cases under the influence of
alcohol. Some victims were beaten to death, others were stabbed, and
their shacks were looted and burned. In one incident on June 14,
Mozambican Ernesto Alfabeto Nhamuave was beaten and then burned to
death by vigilantes incited to violence by a local pastor.
According to the Department of Justice, an estimated 1,300 citizens
were arrested on xenophobia-related charges in the weeks following the
attacks. In total 1,446 criminal charges were brought against 421
persons in seven of the nine provinces. Of these, 82 suspects were
exonerated by year's end. Only in Western Cape were special courts
created to address the cases.
The estimated 80,000 migrants who were displaced by the violence
fled to 72 temporary shelters set up by NGOs and the Government in the
wake of the attacks. Humanitarian organizations raised concerns that
government efforts did not adequately meet the UN Guiding Principles on
Internal Displacement, which require states to provide food, water,
shelter, medical care, and security to displaced persons. The
organizations cited a lack of consultation and information-sharing with
the displaced, separation of women from their children, hostility from
local residents living near the relocation sites, inadequate water, and
sanitation and security as serious problems.
Populations at the shelter sites gradually decreased, as some IDPs
returned to their countries of origin (mainly Mozambique, Malawi, and
Zimbabwe), while others returned to their former homes or sought safer
accommodation in new locations.
On July 31, the Gauteng provincial government announced it would
begin closing its temporary shelters by August 15, and the Western Cape
followed suit. The closures drew criticism from the UN and assistance
organizations, which voiced concern that government efforts to
encourage host communities to accept foreigners were inadequate. The
provinces argued that migrants were safe to return to the townships.
However, following the killings of at least five resettled foreigners
in early August, reports that IDPs feared for their lives if they
returned to their host communities, and pressure from UNHCR and NGOs,
the provinces extended their closure deadlines.
On September 19, the Constitutional Court ruled that all temporary
shelters were to remain open until a full hearing could be held on
November 20. However, the provinces began closing the sites before the
hearing was held. For example, on September 23, an estimated 800
foreign migrants were left without formal shelter after workers
contracted by the provincial government in Gauteng removed the army
tents at Camp Akasia. On September 30, despite increasing criticism
from Office of the UN High Commissioner for Refugees (UNHCR) and NGOs,
Gauteng demolished three more camps at Glenanda, Boksburg, and Rand
Airport. UNHCR officers provided small stipends of 500 rand ($54) or
1,200 rand ($129) for reintegration.
Citing the constitutional court's ruling requiring the care of
asylum seekers and refugees, but not illegal aliens, provincial
governments held summary reviews of hundreds of camp residents. Most
were deemed not to have valid asylum claims and were thus subject to
deportation. All Gauteng sites were officially closed by October 1,
while the last shelter in Western Cape closed at the end of November.
However, a number of foreigners refused to leave, claiming they feared
reprisal if they returned to their host townships. At year's end, small
groups of foreign migrants remained at two of the camps despite the
lack of piped water, sanitation, or regular food deliveries.
Violence continued against Somalis during the year. On October 3,
in Eastern Cape Province, Somali Sahra Omar Fara was stabbed and
bludgeoned to death along with her two teenage sons and 12-year-old
daughter. Also in October, three other Somali shopkeepers were killed.
On October 7, UN High Commissioner for Human Rights Navi Pillay and AI
condemned the killings and called on the Government to do more to stop
the xenophobic violence.
Protection of Refugees.--The law provides for the granting of
asylum and refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The law also provides for a broader definition of refugee
status to be granted if a person satisfies the definition in the 1969
Organization of African Unity's Convention Governing the Specific
Aspects of Refugee Problems in Africa.
In practice, the Government generally provided protection against
the expulsion or return of those recognized as refugees. However,
refugee advocacy organizations charged that police and immigration
officials abused refugees and asylum seekers and that they repatriated
asylum seekers from throughout Africa immediately upon their arrival at
airports without giving them the benefit of formal asylum processing.
Daily deportations of undocumented Zimbabweans continued, even though
some may have had a valid fear of persecution based on ongoing
political violence in Zimbabwe. Applicants for asylum and NGOs
assisting refugees also reported that immigration authorities sought
bribes from those seeking permits to remain in the country. The DHA
adopted anticorruption programs and imposed sanctions on officials or
contracted security officers found to be accepting bribes.
On some occasions there was concern about the expulsion or return
of refugees to countries where their lives or freedom would be
threatened. According to the NGO Lawyers for Human Rights (LHR), 750
documented refugees were transported to Lindela repatriation center
from the Rifle Range safety site for IDPs. LHR launched an urgent
application in the Pretoria High Court to prevent the refugees from
being deported. The 750, mainly Congolese, were released and squatted
near a highway. A few days later, 208 men were arrested and detained.
After charges against them were withdrawn, they were sent back to
Lindela, despite having valid documents. Most of the group ultimately
returned to their home countries.
Due to the growing economic and political problems in neighboring
Zimbabwe, the number of Zimbabweans seeking employment in the country
continued to increase. While no official statistics were released,
reports by independent organizations such as UNHCR asserted that as
many as 20,000 Zimbabweans entered each month. In June the UNHCR and
DHA reported an increase in Zimbabwean asylum applications to an
estimated 40,000. DHA struggled to keep up with processing; however, in
June DHA began an operational overhaul to enable same-day adjudication
of asylum claims.
Unlike in the previous year, there were no reported incidents of
white farmers adopting vigilante tactics in an attempt to stem the flow
of Zimbabwean migrants. Some white farmers were accused of hiring
Zimbabweans at below-minimum wages at the expense of local workers.
The Government cooperated to some degree with the UNHCR and other
humanitarian organizations in assisting recognized refugees and asylum
seekers. The Government also offered temporary protection to some
individuals who may not have qualified as refugees under the 1951
convention or the 1967 protocol. From April 2007 through March 2008,
DHA, in collaboration with UNHCR, issued 1,117 UN Convention Travel
Documents. DHA issued 8,322 refugee identity documents and considered
58,584 asylum applications, of which 41,684 were rejected and 9,727
were approved.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--The country held a largely
peaceful national election in 2004; Mbeki was elected to a second five
year term as president and head of state. The 2004 election was marred
by a few incidents of political violence in KZN. The IFP registered
complaints with the Independent Electoral Commission, including of
excessive numbers of absentee ballots and incidents of political
intimidation. The IPF challenged the election in KZN but later withdrew
its court action and accepted the results. The ANC increased its
parliamentary strength from 266 seats to 279 out of 400. Floor crossing
by members initially elected as representatives of other parties
increased the ANC's seats to 297 at the end of 2007. Three small
parties lost their parliamentary representatives to other parties in
2007, reducing the number of parties with parliamentary representation
to 15.
On September 21, Mbeki resigned the presidency following a
September 20 statement by the ANC National Executive Committee
recalling him. On September 23, Deputy President Phumzile Mlambo-Ngucka
and a third of Mbeki's cabinet ministers and deputy ministers resigned
in solidarity with Mbeki, although 18 ministers ultimately retained
their positions. On September 25, parliament elected ANC Deputy
President Kgalema Motlanthe as interim president until elections
anticipated in 2009. Speaker of Parliament Baleka Mbete was named the
new deputy president.
Incidents of violence among rival factions of the ANC occurred. On
June 12, at an ANC rally in the Western Cape, ANC Provincial Secretary
Mcebisi Skwatsha was stabbed in the neck by another ANC member, who was
arrested and charged with attempted murder. On August 25, the case was
reassigned to a regional court and was ongoing at year's end.
On June 16, ANC Youth League President Julius Malema's vow to kill
for ANC president Jacob Zuma provoked widespread alarm and criticism
from political circles and civil society groups. On July 13, following
the ANC North West provincial conference, two ANC members were stabbed
by five suspended ANC members who were barred from attending the
provincial conference.
Prior to the recall of President Mbeki and subsequent reshuffling
of ministers, women held 11 of 28 ministerial positions, including the
ministerial portfolios of health and foreign affairs, and nine of 21
deputy ministerial positions. There were 135 women in the 400 seat
National Assembly and 22 women among the 54 permanent members of the
National Council of Provinces (NCOP). Women occupied three of four
parliamentary presiding officer positions, including the speaker and
deputy speaker of the National Assembly and deputy chair of the NCOP.
Also prior to the recall, there were an estimated 142 members of
minorities (non black citizens) in the National Assembly. There were 18
minority members among the 54 permanent members of the NCOP. The
cabinet included seven members of minority groups.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. Public officials were subject to
financial disclosure laws, and the Government continued its efforts to
curb corruption; however, corruption remained a problem. The public
perception of widespread official corruption, particularly in the
police and the DHA, continued despite government assurances that the
issue was being addressed.
The Government's anticorruption actions included ongoing
investigations into the alleged misconduct of public officials. At
least 10 agencies were engaged in anticorruption efforts. Some, like
the Public Service Commission, the Office of the Public Prosecutor, and
the Office of the Auditor General, are constitutionally mandated. SAPS
had a unit dedicated to anticorruption activities.
The SIU investigated corruption in government departments and
identified civil servants alleged to have improperly received state
housing subsidies. The Government took administrative action to recover
these subsidies. The SIU investigated 31,000 public servants and
prosecuted 3,800 for fraud. Of the remainder, 443 who admitted guilt
were allowed to keep their jobs if they agreed to reimburse the stolen
money.
The Office of the Public Protector investigated government abuse
and mismanagement and served as the office of last resort for citizens
reporting unfair treatment by government entities. The office handled
an increasing number of complaints but was hampered by severe resource
constraints.
There were no developments in the trial, postponed since 2006, of
Bloemfontein's former mayor, Pappie Mokoena, municipal manager, chief
operating officer, and nine other city officials on charges of
corruption and fraud.
The Government suspended prosecutions in ``Travelgate,'' the 2004
controversy involving misuse of official funds by parliamentarians and
their travel agents. In May the liquidators of Bathong Travel, the
agency at the center of the scandal, announced that the parliamentary
probe had been terminated. Opposition parties asked parliament to
explain why all civil actions against members of parliament (MPs) were
abandoned. Parliament responded that internal parliamentary proceedings
against 11 implicated MPs were still ongoing. One of the MPs identified
for prosecution, Mnyamezeli Booi, was recently appointed as the ANC's
chief whip in the National Assembly.
The National Prosecuting Authority (NPA) continued its
investigation into corruption charges against ANC President Jacob Zuma.
In December 2007 the NPA indicted Zuma on 16 counts of racketeering,
corruption, money laundering, and fraud. In July Zuma lost his
Constitutional Court appeal to have the warrants used by the DSO to
search his properties ruled invalid. On September 12, Pietermaritzburg
High Court Judge Chris Nicholson dismissed the corruption charges
against Zuma, ruling that the Government had mishandled the case and
that Zuma had been wrongly denied a chance to give his side of the
story to investigators before being charged. In his ruling, Nicholson
stated he was not convinced that Zuma ``was incorrect in averring
political meddling in his prosecution,'' an inference that led the ANC
to recall President Mbeki.
In his resignation speech, Mbeki disputed Nicholson's
characterization and denied using the NPA to undermine Zuma. On
November 12, Mbeki lost an appeal against the Nicholson ruling to the
Constitutional Court, but he planned to appeal to the Supreme Court.
Separately, the NPA made two appeals to the Supreme Court. The
first was regarding the Nicholson ruling. On November 28, the Supreme
Court reserved judgment on this appeal until 2009. The NPA's second
appeal to the Supreme Court, which opposed Mbeki's appeal, was also
pending at year's end.
The law provides for access to government information; however, the
Government did not always comply with the law. If a government
department refuses to provide information, the requester can launch an
internal appeal. If this also fails, the requester may appeal a
decision to the High Court, a lengthy process that excludes groups or
individuals who cannot afford it. The Open Democracy Advice Center
(ODAC) continued to report that many requests for information went
unanswered or were answered outside the period provided for in the
legislation. However, ODAC's 2007 annual report noted that many
requests were unclear or poorly drafted, making a response difficult.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views. Many
organizations participated in governmental bodies that gathered
information and developed policies related to human rights.
International and domestic NGOs and UN agencies spoke out against
xenophobic violence in the country during the year and criticized the
Government's response.
The South African Human Rights Commission (SAHRC), which was
created by the Government but operated independently, was responsible
for promoting the observance of fundamental human rights at all levels
of government and throughout the general population. The SAHRC also has
the power to conduct investigations, issue subpoenas, and hear
testimony under oath. SAHRC enjoyed support from the Government without
interference, and the Government reacted positively towards SAHRC
reports. During the year the SAHRC issued reports on xenophobia, crime,
refugees, human rights, and democracy.
The SAHRC investigated several complaints during the year,
including those prompted by ANC Youth League President Julius Malema's
public oath at a Youth Day rally on June 16 that he would kill for ANC
President Jacob Zuma. Malema ignored SAHRC's deadline for a public
apology, but he agreed not to use the term ``kill.'' Congress of South
African Trade Unions Secretary General Zwelinthini Vavi was similarly
investigated for incendiary remarks at a funeral on June 21. Although
Vavi did not apologize, he did meet with the SAHRC and agreed not to
use the phrase ``shoot to kill.''
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination on the grounds of
race, disability, ethnic or social origin, color, age, culture,
language, sex, pregnancy, sexual orientation, or marital status.
However, entrenched attitudes and practices sometimes restricted these
rights in practice.
Women.--Rape, including spousal rape, is illegal but remained a
serious problem. According to the 2007 08 SAPS annual report, the
reported incidence of rape from April to December 2007 decreased 8.8
percent from the comparable nine-month period in 2006. However, over
4,000 rapes were reported on average each month, alongside 750
additional cases per month of assault.
Further, the Medical Research Council estimated that only one in
nine rapes was reported to SAPS, as in most cases the attackers were
friends or family members of the victims, who therefore were afraid or
reluctant to press charges. This estimate implies that half a million
women suffered sexual violence. The NGO Treatment Action Campaign
reported that one in three South African women would be raped in her
lifetime.
A poor security climate and societal attitudes condoning sexual
violence against women contributed to the problem. On February 17,
Nwabisa Ngcukana was stripped and sexually assaulted by men at a taxi
rank in KZN who claimed her attire was indecent; she was wearing a
miniskirt. In April the Taylor Nelson Sofres Research Survey found 29
percent of black men nationwide believed a woman wearing revealing
clothes was asking to be raped.
Although judges in rape cases generally followed statutory
sentencing guidelines, women's advocacy groups criticized judges for
using criteria such as the victim's behavior or relationship to the
rapist as a basis for imposing lighter sentences.
Allegations of rape, sexual assault, and sexual harassment of black
and foreign female farm workers by farm owners, managers, and other
farm workers were common.
In December 2007 parliament passed amendments to the Sexual
Offences Act that broadened the physical definitions of rape and
indecent assault, included males as victims, and restricted admission
of victims' sexual histories as evidence in court in an effort to
improve the Government's capacity to punish perpetrators and protect
victims. Victims' rights groups were critical, however, of the law's
conditional provision of post-exposure prophylaxis only to victims who
filed charges with SAPS or reported the alleged offenses to designated
health establishments.
The Government operated 64 sexual offenses courts throughout the
country that included designated waiting rooms and counseling for
victims. The NPA's Sexual Offences and Community Affairs Unit (SOCA)
operated 20 Thuthuzela Care Centers (TCC), which specialized in rape
care management and streamlined a network of existing investigative,
prosecutorial, medical, and psychological services in the hospitals
where they were located.
According to a 2008 study by SAPS and the Centre for the Study of
Violence and Reconciliation, only 4.1 percent of reported cases
resulted in convictions. One in every eight suspects was under the age
of 17. In rape cases involving victims under the age of 16, one of
every 10 cases resulted in a conviction.
Domestic violence was pervasive and included physical, sexual,
emotional, and verbal abuse, as well as harassment and stalking by
former partners. The Domestic Violence Act of 1998 defines victims of
domestic violence (including persons who are not in legal or common law
marriages), facilitates the serving of protection orders on abusers,
requires the police to take victims to a place of safety, and allows
police to seize firearms at the scene and to arrest abusers without a
warrant. Violating a protection order is punishable by a prison
sentence of up to five years, or 20 years if additional criminal
charges are brought.
According to NGOs, about one in four women were in abusive
relationships, but few reported it. TCC counselors also alleged that
doctors, police officers, and judges often treated abused women poorly.
The Government financed 39 shelters for abused women, but more were
needed, particularly in rural areas. The SAPS continued converting
Child Protection Units to Family Violence, Child Protection, and Sexual
Offences Units (FCS). FCS investigating officers and some other police
officers received annual training in gender sensitivity. The Government
continued to conduct domestic violence awareness campaigns.
Prostitution is illegal but was widespread and practiced openly.
Women were trafficked to, from, and within the country for exploitation
in prostitution.
The law prohibits sexual harassment; however, sexual harassment
remained a widespread problem. The Government left enforcement
primarily to employers, with criminal prosecution a rare secondary step
at the initiative of the complainant. The Department of Labor (DOL)
issued guidelines to employers on how to handle workplace complaints,
which allowed for dismissal in some circumstances. Tougher punishments
could be generated for assault, which carries a range of penalties
depending on the severity of the act, but only if the complainants
press charges.
Discrimination against women remained a serious problem despite
their equal rights under the law governing inheritance, divorce, and
child custody. Women experienced economic discrimination in areas such
as wages, extension of credit, and ownership of land. For example,
township housing transfer schemes favored existing titleholders, who
tended to be men.
Many rural areas were administered through traditional patrilineal
authorities, such as a chief or a council of elders, who did not grant
land tenure to women, a precondition for access to housing subsidies. A
constitutional court ruling in June upholding a tribe's decision to
allow Tinyiko Shilubana to succeed her father as chief was criticized
by traditional authorities who said the verdict contravened African
custom.
Women, particularly black women, typically had lower incomes and
less job security than men. Most women were engaged in poorly paid
domestic labor and microenterprises, which did not provide job security
or benefits. The Department of Trade and Industry provided incentive
grants to promote the development of small and medium-size businesses
and microenterprises for women, young persons, and persons with
disabilities.
According to the Businesswomen's Association 2008 census, the
number of women in top leadership positions grew in recent years.
Nevertheless, women held only 25.3 percent of executive level and 14.3
percent of director level positions. According to the presidency's
Development Indicators Report for 2008, which cited 2006 data, women
held only 27.4 percent of senior management and 21.6 percent of top
management positions. The Government's Labor Force Survey published in
March indicated unemployment among women was higher than among men, at
26.7 percent versus 20 percent.
Female farm workers often experienced discrimination, and their
access to housing often was dependent on their relationship to male
farm workers. Female farm workers on maternity leave who could not
obtain timely compensation via the Unemployment Insurance Fund often
had no choice but to return to work shortly after giving birth,
according to NGOs working with farm workers in Limpopo Province.
A number of governmental bodies, particularly the Gender Commission
and the presidential Office of the Status of Women, and numerous NGOs
monitored and promoted women's rights.
Children.--The Government was generally committed to children's
rights and welfare. However, registration of births was inconsistent,
especially in remote rural areas or among parents who were foreign
nationals and themselves unregistered. This resulted in lack of access
for children to public services such as education, health care, and
financial grants. According to a Social Security Agency report, more
than 8.2 million children received social welfare grants. The
Government's 2008 budget extended child support grants from age 14 to
15; however, it was sometimes difficult for children, particularly
those in rural areas or without documentation, to obtain access to
health care facilities and other programs.
The law provides for increased access to education for
disadvantaged children-traditionally black children-through a uniform
system for the organization, governance, and funding of schools. It
mandates compulsory education from ages seven to 15 and ensures that
children cannot be refused admission to public schools due to a lack of
funds. However, public education is fee based and the Government does
not fully subsidize education. Even if children qualified for fee
exemptions, low income parents had difficulty paying for uniforms,
books, and supplies. Some children, therefore, were enrolled in school
but did not attend.
According to the December 2007 School Realities Report published by
the Department of Education, 98 percent of grade 1 12 school age
children were enrolled in school. Those not enrolled tended to be
children with special needs. Most children attended school until the
age of 15, when eligibility for the Child Support Grant ends. There
were an equal number of boys and girls in grades 1-12, with boys
slightly outnumbering girls in primary school (grades 1-7), but 8
percent more girls than boys were in secondary school (grades 8-12).
There continued to be reports of rape, sexual abuse, sexual
harassment, and assaults of girls at school by teachers, students, and
other persons in the school community. The law requires schools to
disclose sexual abuse to the authorities; however, administrators often
concealed sexual violence or delayed disciplinary action. The level of
sexual violence in schools also increased the risk for girls of
contracting HIV/AIDS or other sexually transmitted diseases, as well as
unwanted pregnancies.
Although the law prohibits corporal punishment in schools, there
were reports that teachers used physical violence to discipline
students. Student on student violence, including racially motivated
violence, continued to be a major concern of educational authorities
and parents. Teacher organizations, parents, and police worked together
in the ``Safe Schools Program'' to address these problems. Many schools
implemented ``Adopt a Cop'' programs inviting SAPS officers into their
schools for training and security.
HIV/AIDS activists, physicians, and opposition parties continued to
criticize the Government for failing to provide ARV therapy to all
pregnant and breastfeeding women and thereby protect young children
from HIV/AIDS transmission. In March the Government issued new
guidelines, consistent with those of the World Health Organization, to
provide dual therapy, instead of nevirapine alone, to HIV-positive
women nationwide to prevent mother-to-child HIV transmission; however,
the new program reached only an estimated 30 percent of targeted women
during the year. The Government expanded the number of prenatal clinics
but was not able to keep up with the rapidly growing number of children
affected by HIV/AIDS, including both infected children and AIDS
orphans.
Violence against children, including domestic violence and sexual
abuse, remained widespread. While there was increased attention to the
problem, a lack of coordinated and comprehensive strategies to deal
with violent crimes continued to impede the delivery of needed services
to young victims. According to the 2007-08 SAPS report, 16,068 children
were raped between April and December 2007, 1,410 were murdered, 19,687
were assaulted with intention to do grievous bodily harm, and 3,517
were subjected to indecent assault. Observers believed that these
figures represented a small percentage of the actual incidence of child
rape, especially since most cases involving family members were not
reported. According to the NGO Childline, girls have a one-in-four
risk, and boys a one-in-five risk, of being raped before age 16. The
country had a low conviction rate for rape and child abuse. The law
states that no child under the age of 12 can consent to any sexual
activity and sets 16 as the lowest age for consensual sex with another
minor. Statutory rape is defined as sexual intercourse between anyone
under 18 and an adult more than two years older. The statutory sentence
for rape of a child is life in prison; however, the law grants judges
discretion to issue more lenient sentences.
The high incidence of HIV/AIDS resulted in an increase in the
number of child-headed households. These children sometimes turned to
prostitution to support themselves and their siblings. Other children
have been trafficked and forced into prostitution. NGOs provided
shelter and medical and legal assistance for children in prostitution
and a hotline for victims of child abuse. The Government donated land
and buildings for shelters for such children, as well as other victims
of sexual abuse, street children, and orphans.
AIDS activists alleged that children in prostitution were often
highly sought after because of the widely held belief that sex with a
virgin provided a cure for HIV/AIDS. SAPS officials, however, said that
under questioning perpetrators usually admitted they knew this claim
was false.
Despite outreach programs to discourage the practice, ritual
circumcision of males, including children, usually by medically
unqualified practitioners, was still a prevalent initiation tradition
in various areas. Circumcision was considered a precondition for adult
status, enabling marriage, inheritance, and other societal privileges.
The House of Traditional Leaders attempted to address unsafe initiation
practices and designed strategies to prevent deaths and the spread of
diseases, such as HIV/AIDS. However, discussing the practice was taboo
in many communities where it was considered a matter for chiefs to
decide, and some traditional leaders spoke out against state
interference.
Five boys died in Limpopo Province as a result of botched
circumcisions, the same number as in 2007, despite legislation passed
in 2001, regulating initiation schools. The Department of Health in the
Eastern Cape provided surgeons, health officials, and vehicles during
the June initiation season to monitor initiation practices.
Nonetheless, 22 circumcision-related deaths at the hands of unmonitored
practitioners were reported in the Eastern Cape during the June
initiation period, according to press reports. From 2001 through 2007
the Eastern Cape recorded nearly 2,600 hospital admissions, 156 genital
mutilations or amputations, and 232 deaths due to dehydration and
infection from unsafe and nonsterile procedures. Illegal traditional
surgeons were arrested and charged with culpable homicide.
Trafficking in Persons.--The Government is limited to the use of
piecemeal provisions of various laws to prosecute traffickers. The
Prevention of Organized Crime Act of 1998 can be applied to
trafficking, as can specific laws against child labor and forced labor.
The Sexual Offences Act of 2007 makes interim provisions outlawing
trafficking for purposes of sexual exploitation, in addition to
creating new or expanded statutory offenses applicable to all forms of
sexual violation of children and the mentally disabled and provisions
for prosecutions of extraterritorial sexual exploitation. The 2005
Children's Act prohibits ``the recruitment, sale, supply,
transportation, transfer, harboring or receipt of children, within or
across the borders of the Republic.'' The law also prohibits the
commercial sexual exploitation of children, sexual intercourse with
children under 16, or permitting a female under 16 to stay in a brothel
for the purpose of prostitution. The maximum penalty for violations of
the law is 20 years in prison. The Children's Amendment Act of 2007
addresses unlawful child labor in extreme forms such as slavery and
commercial sexual exploitation. However, until the completion of
regulations governing the act's implementation, the provisions on child
trafficking cannot take effect.
The country was a source, transit, and destination for the
trafficking of persons, including children, from other countries in
Africa, Asia, and Europe for prostitution and forced labor. Domestic
and international organized crime syndicates trafficked women in and
out of the country for use in the sex industry, and girls were
exploited for sex or domestic servitude. Young men were trafficked
internally and across borders chiefly for agricultural work, but also
for street vending, crime, begging, and prostitution.
The precise extent of trafficking operations was unknown, but a
substantial number of persons were believed to be trafficked annually
both internally and across borders. Of the 252 victims directly
assisted by the International Organization for Migration (IOM) from
2004 through October 2008, most were Thai (140), Congolese (35), South
African (22), Indian (12), Chinese (11), Mozambican (9) and Zimbabwean
(9).
Trafficked women and children forced to work in the commercial sex
industry often lived with other trafficked victims in segregated areas.
They were frequently under constant surveillance; usually had no money
or identifying documents; were often in debt to the agents who arranged
their travel; often worked long hours-in some cases up to 18 hours each
day and on weekends and when ill; and sometimes were fined by their
traffickers for infractions of arbitrary rules. Young men trafficked
for forced agricultural labor were often subjected to violence and food
rationing.
Children were especially vulnerable to trafficking and in practice
remained relatively unprotected from exploitation for sexual and labor
purposes. The Government did not address the growing problem of child
sex tourism, for which girls and boys were trafficked internally and
across borders. The trafficking of Mozambican, Malawian, and Zimbabwean
children for agricultural labor resulted in the children's deportation
as illegal aliens without appropriate protections.
According to the NPA, which leads government efforts to combat
trafficking, Chinese traffickers made Johannesburg a regional hub for
collecting victims from Lesotho, Mozambique, and Swaziland for
exploitation locally and in other cities. Nigerians based in the
country sold Malawian women into Europe. Russian and Bulgarian women
were exploited in private men's clubs. Local women were sent to Hong
Kong and Macau, while Thai women were brought into the country's port
cities.
In most cases traffickers lured foreign women with promises of
employment, marriage, or educational opportunities abroad. Traffickers
often lured the children of poor families with promises of jobs,
education, or a better way of life. Victims, who might have been
kidnapped or forced to follow their traffickers, were subjected to
threats of violence, withholding of documents, and debt bondage to
ensure compliance.
The Government continued to arrest and prosecute victims of human
trafficking for unlawful acts committed as a direct result of their
being trafficked. In addition, extensive pretrial delays caused some
trafficking victims not to testify at the trials of their alleged
traffickers.
In January the NPA's SOCA office established the Human Trafficking
Unit to revive a defunct interagency task force and formulate a new
strategy for dealing comprehensively with trafficking in persons. The
NPA enlisted IOM to conduct training workshops for hundreds of social
workers and government officials to improve recognition of trafficking
victims, care and attention to victims, and referrals of cases to
authorities. The Government, IOM, and NGOs continued to expand
awareness-raising activities.
The NPA maintained a witness protection unit headed by a special
director of public prosecutions, but it relied heavily on NGOs to
provide witness protection for trafficking victims. Some domestic
victims of trafficking were placed in government facilities for the
sexually abused. The Government continued to fund private shelters that
provided short- and long term health care, counseling, and legal
support to trafficking victims. However, the Government continued to
arrest, prosecute, convict, and deport trafficking victims for crimes
they committed as a direct result of being trafficked.
Corruption within the police, immigration, customs, and private
services at the international airports impeded interdiction efforts.
Traffickers reportedly bribed officials to help them move victims out
of transit areas to avoid detection. During the year DHA dismissed
several immigration officers for involvement in trafficking and for
petty corruption relating to trafficking. The border police, SAPS, and
judicial officials received additional antitrafficking training during
the year, but confusion between smuggling and trafficking remained a
problem. Although the country had 64 sexual offenses courts with
authority to handle trafficking cases, the lack of clear and complete
antitrafficking legislation inhibited prosecutions.
In March SAPS arrested 27 Chinese women along with seven men
accused of transporting them into the country and trafficking them into
the sex trade. A police spokesperson indicated the women entered the
country illegally and, despite their status as victims of trafficking,
would be deported.
In May Mozambican Aldina dos Santos was charged with child
trafficking and forced labor for subjecting three girls to sexual
exploitation and domestic servitude. The case was ongoing at year's
end.
In June in Durban, a Sierra Leone national was arrested for selling
girls aged eight to 12 into prostitution; the case was pending at
year's end. From November 8 to 10, five Nigerian men were arrested for
allegedly trafficking Nigerians through the country. On December 3,
they were charged with human trafficking under the Sexual Offences Act
of 2007 and drug-related offenses. In April 2007, 22 Thai women and two
Thai traffickers pleaded guilty to violation of the Immigration Act,
following their 2006 arrest in Durban. All 24 received suspended
sentences and were deported to Thailand. Three local citizens involved
in the case faced charges of racketeering; there was no further
information available.
Persons With Disabilities.--The law prohibits discrimination on the
basis of both physical and mental disability; however, government and
private sector discrimination in employment existed. The law mandates
access to buildings for persons with disabilities, but such regulations
were rarely enforced, and public awareness of them remained minimal.
General responsibility for the rights of persons with disabilities fell
within the Department of Health, with individual organizations tending
to particular handicaps such as blindness.
The law provides persons with disabilities with protection from
harassment and, in conjunction with the Employment Equity Act, also
provides guidelines on the recruitment and selection of persons with
disabilities, reasonable accommodation for persons with disabilities,
and guidelines on proper handling of employee medical information.
Enforcement of this law was limited. The law also requires employers
with more than 50 workers to create an affirmative action plan with
provisions for achieving employment equity for persons with
disabilities. Persons with disabilities constituted 5.9 percent of the
general population, but only an estimated 0.02 percent of the public
service workforce. The law does not allow persons with mental
disabilities to vote.
In April 2007 allegations of sexual abuse surfaced at the Cullinan
Care and Rehabilitation Center for intellectually and physically
disabled persons in Pretoria. Following a media report exposing
conditions at the center, the Department of Health intervened in
September 2007. Several staff members were disciplined but were allowed
to continue working at the facility.
National/Racial/Ethnic Minorities.--The law requires employers with
50 or more employees to ensure that previously disadvantaged groups,
legally defined as ``Blacks'' (including ``Africans,'' ``Colored,'' and
``Asians,'' and collectively constituting more than 90 percent of the
country's population) are represented adequately at all levels of the
workforce. Notwithstanding the country's antidiscrimination
legislation, however, the DOL 2007 Employment Equity Analysis reported
that Blacks remained underrepresented, particularly at the professional
and managerial levels. According to the report, only 22.2 percent of
top management positions, and approximately 36.5 percent of
professional positions, were held by Blacks, and Black women remained
by far the most disadvantaged group in number and quality of management
or skilled jobs. Employers cited a lack of training and development,
poor recruitment processes, and an antagonistic corporate culture as
the main impediments to affirmative action.
In June the Pretoria High Court ruled in favor of the Chinese
Association of South Africa's petition that ethnically Chinese South
African citizens be defined as Black in legislation benefiting
previously disadvantaged groups such as the Broad-Based Economic
Empowerment Act and the Employment Equity Act.
The continued killings of mostly white farm owners by black
assailants created concern among white farmers that they were being
targeted for racial and political reasons, although studies showed
perpetrators were generally common criminals motivated by financial
gain. There also were reports that white employers abused and killed
black farm laborers, and complaints that white employers received
preferential treatment from the authorities.
Indigenous People.--The Khoikhoi, indigenous nomadic herders of
cattle and sheep, were dispossessed of their native lands and dispersed
throughout the country in the 1970s. Today only a few thousand Khoikhoi
remain, some of whom work as farmers or as farm laborers. Under the
law, the Khoikhoi have the same political and economic rights as other
citizens; however, the Government did not always effectively protect
those rights. Their participation was limited due to fewer
opportunities, minimal access to education, and relative isolation.
Other Societal Abuses and Discrimination.--The post apartheid
constitution outlaws discrimination based on sexual orientation, and in
2006 the country legalized same sex marriage. There were no reports of
official mistreatment or discrimination. However, in its annual Social
Attitudes Survey released on November 24, the Human Sciences Research
Council found widespread public intolerance of homosexuality, which was
commonly labeled ``unAfrican,'' with 80 percent of respondents
believing sex between two same-gender persons was ``wrong.''
Rights groups reported that homosexuals were subject to societal
abuses including hate crimes, gender violence targeting lesbians, and
killings. The NGO People Opposed to Women Abuse reported that attacks
increased during the year and estimated that a lesbian was killed every
three months in the country's townships. On April 28, Eudy Simelane, a
former player on the national women's soccer team and well-known
lesbian activist, was allegedly gang-raped and then stabbed to death
east of Johannesburg. Five men were arrested; four were charged with
murder, robbery, and rape. The case was pending at year's end.
On December 5, following at least 16 postponements, testimony began
in the trial of seven men accused of the 2006 murder of a lesbian woman
in Cape Town. The case was pending at year's end.
In July 2007 lesbian activist Sizakele Sigasa and her partner
Salome Masooa were raped and shot to death in Soweto; no arrests were
made. Two weeks later in July, Thokozane Qwabe, a lesbian, was killed
in KZN, prompting an outcry from rights groups.
With availability of life-saving ARV treatments, civil society
activities such as the Treatment Action Campaign, and government
campaigns to reduce discrimination against persons with HIV/AIDS, the
social stigma associated with HIV/AIDS began to decline but remained a
general problem.
In May the soldiers' South African Security Force Union (SASFU)
sued the SANDF for allegedly discriminatory HIV/AIDS policies. On May
17, the Constitutional Court ruled that SANDF must conduct
individualized health assessments of members of the armed forces and
SANDF could not exclude HIV positive persons from recruitment, external
deployments, or promotions.
Section 6. Worker Rights
a. The Right of Association.--The law allows all workers with the
exception of members of the National Intelligence Agency and the Secret
Service to form and join unions of their choice without previous
authorization or excessive requirements, and these laws were applied. A
labor court and labor appeals court enforced these rights. There were
slight gains in union membership during the year, which were attributed
to global economic growth and a halt in government privatization,
despite most job creation being in nonunionized service sectors. As of
March, trade union membership was approximately 3.4 million, or
approximately 35 percent of the population employed in the formal
sector.
Labor laws extend to farm workers. The National African Farmers'
Union received no complaints of harassment of union representatives.
The DOL and unions enlisted the cooperation of AgriSA, the national
farmers' organization, to educate farmers about workers' rights and to
improve working conditions. According to Cosatu's 2006 report, only 10
percent of the workers in the agricultural labor force were unionized,
a decline that some observers attributed to the 2005-06 droughts and
poor harvests.
The law provides for the right to strike, and workers exercised
this right, although workers considered to be providing essential
services were prohibited from striking. Essential services were those
deemed vital to the public's safety or health, such as police and
military, prison wardens, firefighters, and emergency health workers.
Disputes between workers in essential services and their employers that
are not resolved through collective bargaining, independent mediation,
or conciliation are referred to arbitration or the labor courts.
Despite the prohibition, NPA prosecutors staged silent protests in
August and were reportedly considering work stoppages over nonreceipt
of pay increases promised a year earlier.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference. The Government
protected these rights and workers exercised them. Collective
bargaining is protected by law. The law prohibits employers from
discriminating against employees or applicants due to past, present, or
potential union membership or participation in lawful union activities.
There were no lawsuits filed for antiunion discrimination.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred in the context of human
trafficking, including prostitution, agricultural labor, and domestic
servitude.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor is prohibited by law; and the Children's Amendment Act
signed into law on March 13 defines and prohibits the worst forms of
child labor. However, child labor was widespread in informal and
agricultural sectors, particularly in the former homeland areas. The
law prohibits employment of a child less than 15 years of age. Children
over 15 but under 18 are also prohibited from work that places at risk
the child's wellbeing, education, physical or mental health, or
spiritual, moral, or social development. The Government generally
enforced child labor laws in the formal sectors of the economy.
Underage children were allowed to work in the performing arts if their
employer received DOL permission and agreed to follow specific
guidelines.
The HIV/AIDS epidemic contributed to the number of households
headed by children who supported themselves and often younger siblings.
However, in its 2007-08 Child Gauge Report, the Children's Institute at
the University of Cape Town stated that there was little evidence of
recent rapid growth in the orphan population due to HIV/AIDS. Citing
the Government's 2006 General Household Survey, which estimated that
child-headed households accounted for 0.7 percent of all children and
0.5 percent of all households, the Children's Institute noted that the
levels had remained relatively stable since the survey began in 2002.
According to the 1999 Survey of Activities of Young People, issued
by the DOL in 2002, approximately 800,000 of the country's children
older than 10 were working as laborers, either in or outside the home.
The study stated that nearly 270,000 children reported having
difficulty in school because of work obligations, while 80,000 children
reported missing school completely. Among those who claimed that work
was damaging their school performance, approximately 21,000 children
said they were doing paid labor or working in a family business. Of all
child laborers, roughly 92,000 were doing work that violated the
country's labor laws. Child laborers, including some from Zimbabwe and
Mozambique, worked illegally in the country on commercial farms, for
the taxi industry, or as domestic servants.
During the year the DOL employed approximately 1,000 labor
inspectors to investigate reports of violations and to enforce existing
policies. Violation of laws regulating child employment is punishable
by a maximum prison sentence of three years or a fine of 15,000 rand
($1,613). In some cases, DOL inspectors opted to resolve child labor
cases by counseling of employers, parents, and children, or by
enlisting the services of professionals in the welfare and education
departments. There were reports that inspectors had difficulty gaining
access to farms where child labor was reported.
The Government's Child Labor Program of Action integrated the
priorities of government ministries to combat child labor. However, the
single largest factor in reducing child labor remained the Child
Support Grant, which was nearly 200 rand ($22) per month and covered
children up to 15 years old.
e. Acceptable Conditions of Work.--There was no legally mandated
national minimum wage, although the law gives the DOL authority to set
wages by sector. Minimum wages were established for the retail sector,
farm laborers, domestic workers, and taxi (minibus) drivers. The
minimum wage for farm workers was approximately 1,041 rand ($112) a
month in urban areas and 989 rand ($106) a month in rural areas. The
minimum monthly wages for domestic workers employed more than 27 hours
per week ranged from 1,067 rand ($115) to 1,167 rand ($125). Depending
on the province, compliance with the minimum wage rate generally ranged
from 65 to 90 percent, according to 2007 DOL figures. Minimum wages did
not provide a decent standard of living for a worker and family; the
Government undertook other actions to alleviate poverty, including
annual above inflation mandatory wage increases for farm workers,
exemptions from school fees, and improved access to health care.
In July textile manufacturer Tai Yuen Textile was fined 17 million
rand ($1.8 million) for underpayment of workers in KZN. This was the
highest fine ever imposed on a company for exploitation of employees.
Annual negotiations between employers and employee associations or
unions set wage rates on an industry by industry or plant by plant
basis for unionized workers in the formal economy. Such negotiated
wages were generally sufficient to provide a decent standard of living
for a worker and family; however, this was not the case in sectors
where workers were not organized sufficiently to engage in collective
bargaining. As a result, many unskilled or rural workers were unable to
provide an adequate standard of living for themselves and their
families.
The law establishes a 45 hour workweek, standardizes time and a
half pay for overtime, and authorizes four months of maternity leave
for women. No employer may require or permit an employee to work
overtime except by agreement, and overtime may not be more than 10
hours a week. The law stipulates rest periods of 12 consecutive hours
daily and 36 hours weekly, which must include Sunday. The law allows
for adjustments to rest periods by mutual agreement. These standards
were effectively enforced, as labor unions and labor courts focused on
compliance. A ministerial determination exempted businesses employing
fewer than 10 persons from certain provisions of the law concerning
overtime and leave. Farmers and other employers could apply for
variations from the law by showing good cause.
The law protects both foreigners and immigrant workers. On March
28, the Commission for Conciliation, Mediation, and Arbitration (CCMA)
ruled in favor of a foreign employee whose employment contract had been
terminated by Discovery Health Limited when the employee's temporary
work permit had expired. The CCMA's ruling established that foreign
workers are included and protected by the Labor Reform Act.
The Government set occupational health and safety standards through
the Department of Minerals and Energy (DME) for the mining industry and
through the DOL for all other industries. Occupational health and
safety issues were a top priority of trade unions, especially in the
mining, construction, and heavy manufacturing industries where
processes were dangerous and sometimes deadly. The law provides for the
right of mine employees to remove themselves from work deemed dangerous
to health or safety. The law prohibits discrimination against an
employee who asserts a right granted by the law and requires mine
owners to file annual reports providing statistics on health and safety
incidents for each mine. In addition, a tripartite mine health and
safety council and an inspectorate of mine health and safety were
responsible for enforcing the law and monitoring compliance with its
provisions.
In January the DME launched an inspection of all 2,800 mines in the
country. August press reports stated audit results were finalized and
due for release; however, by year's end the report was still
unreleased, and opposition parties had filed actions to force its
issuance. There were 85 mine deaths during the year's reporting period,
down 22 percent compared to the same period in 2007.
On November 19, parliament passed amendments to the Mine Health and
Safety Act, making employers liable for heavy fines or imprisonment for
serious injury, illness, or death of employees due to unsafe mine
conditions. The amendments provide for mine inspectors to enter any
mine at any time to interview employees and audit records.
Outside the mining industry, there were no laws or regulations that
permitted workers to remove themselves from work situations deemed
dangerous to their health or safety without risking loss of employment;
however, the law provides that employers may not retaliate against
employees who disclose dangerous workplace conditions.
In February an explosion at the Assmang ferromanganese smelter
killed six workers. The DOL launched an investigation into reports that
Assmang was warned of a malfunctioning furnace two days prior to the
incident and advised that it be switched off immediately. The National
Union of Mineworkers called for the prosecution of Assmang's chief
executive.
While labor conditions had improved on large commercial farms, they
remained harsh, especially for small holdings' workers, most of whom
were black. Many owners of small farms did not measure working hours
accurately. Twelve hour days were common during harvest time, and few
farmers provided overtime benefits. In February 2007 Human Rights Watch
reported low wages, a lack of basic services in farm workers' housing,
and inadequate education for workers' dependents. Farm owners continued
to evict workers legally and illegally. There was a lack of compliance
with labor legislation and significant violence and crime against farm
workers and farm owners. Health and safety regulations often were not
observed when chemicals were used in agricultural work.
__________
SUDAN
Sudan, a republic with an estimated population of 40.2 million, is
governed according to a power-sharing arrangement established by the
2005 Comprehensive Peace Agreement (CPA), which ended the 22-year civil
war between the north and south and established an interim Government
of National Unity (GNU). The CPA calls for national elections to be
held in 2009. The GNU is composed of the National Congress Party (NCP),
dominated by Islamists from the north and ruled by authoritarian
President Omar Hassan al-Bashir and his inner circle, and the Sudan
People's Liberation Movement (SPLM), the political wing of the Sudan
People's Liberation Army (SPLA) led predominantly by Christians and
practitioners of traditional indigenous religions from the south. The
most recent national elections were held in 2000; Bashir was reelected,
and his political party won 340 out of 360 seats in the parliament in
deeply flawed elections boycotted by all major opposition parties. The
SPLM is the ruling party of the autonomous Government of Southern Sudan
(GOSS), established in 2005. The GOSS ratified a separate constitution
in 2005. A referendum to determine whether the south will become an
independent entity is scheduled for 2011. The country experienced
several violent conflicts during the year. While civilian authorities
in the north generally maintained effective control of the security
forces and government-aligned militia outside of Darfur, there were
frequent instances in which elements of the security forces and
government-aligned militia acted independently in Darfur. In the south,
civilian authorities generally maintained effective control of security
forces, but there were frequent instances in which elements of the
security forces acted independently.
Conflict in Darfur continued despite the 2006 Darfur Peace
Agreement (DPA) between the Government and Minni Minawi's faction of
the Sudan Liberation Movement/Army (SLM/A). Civilians in Darfur
continued to suffer from the effects of genocide. Government forces
bombed villages, killed civilians including internally displaced
persons (IDPs), and collaborated with janjaweed militias and tribal
factions to raze villages and perpetrate violence against women. The
Government supported Chadian rebel groups. During January and February,
violence in West Darfur displaced tens of thousands of persons;
approximately 12,000 persons were displaced to Chad. Darfur rebel
groups continued to commit serious abuses. On May 10, the Justice and
Equality Movement (JEM), a Darfuri rebel movement, mounted an attack on
Omdurman, near the capital. Intertribal conflict also killed civilians.
According to the UN, nearly 2.7 million civilians have been internally
displaced, and approximately 250,000 refugees have fled to neighboring
Chad since the conflict in Darfur began in 2003. During the year
approximately 315,000 civilians were displaced within Darfur and to
Chad. Estimates on the number of deaths vary. In 2006 the UN estimated
that 200,000 persons had died as a result of the conflict.
Tensions over CPA implementation persisted between the north and
the south. Sudanese Armed Forces (SAF) and the SPLA forces engaged in
open combat in the disputed Abyei region from May 14 until May 22.
Intertribal violence in the south continued. The Lord's Resistance Army
(LRA), a rebel movement formerly-based in Uganda, made incursions into
Southern Sudan and attacked and killed civilians.
The Government's human rights record remained poor, and there were
numerous serious abuses, including: abridgement of citizens' right to
change their government; extrajudicial and other unlawful killings by
government forces and other government-aligned groups throughout the
country; disappearances, including of hundreds of Darfuris in Omdurman
and Khartoum following the May 10 JEM attack; torture, beatings, rape,
and other cruel, inhumane treatment or punishment by security forces;
harsh prison conditions; arbitrary arrest and detention, incommunicado
detention of suspected government opponents, and prolonged pretrial
detention; executive interference with the judiciary and denial of due
process; obstruction of the delivery of humanitarian assistance;
restrictions on privacy; restrictions on freedom of speech; increased
restrictions on the press, including direct censorship; restrictions on
freedoms of assembly, association, religion, and movement; harassment
of IDPs and of local and international human rights and humanitarian
organizations; violence and discrimination against women, including
female genital mutilation (FGM); child abuse, including sexual violence
and recruitment of child soldiers, particularly in Darfur; preventing
international human rights observers from traveling to/within Sudan;
trafficking in persons; discrimination and violence against ethnic
minorities; denial of workers' rights; and forced and child labor.
In Southern Sudan, serious human rights abuses were reported during
the year, including extrajudicial killings and physical abuse of
persons by the SPLA; poor prison and detention center conditions;
arbitrary arrest; lengthy pretrial detention; use of child soldiers;
abduction of women and children; and child labor. Interethnic violence
was a problem.
In Darfur government-aligned militias killed and injured civilians,
including during attacks on villages; raped women and children;
destroyed and looted civilian property; and used child soldiers.
Rebel factions and bandits in Darfur killed and abducted persons,
including civilians, humanitarian workers, and United Nations-African
Union Mission in Darfur (UNAMID) peacekeeping troops and workers; beat
and raped civilians; recruited and used child soldiers; and restricted
humanitarian access.
The LRA attacked villages and killed and abducted civilians in the
south.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were numerous
reports that the Government and its agents committed arbitrary and
unlawful killings. Government forces, government-aligned militias, and
rebels killed civilians in connection with the conflict in Darfur (See
Section 1.g.). Civilians were also killed in connection to conflict in
Abyei (See Section 1.g.).
Fighting between government forces and JEM rebels killed civilians
during the May 10 JEM attack on Omdurman. A UN report cited the
Government as asserting that 57 civilians were killed, but the actual
number of civilian casualties was believed to be far higher.
In the aftermath of the May 10 JEM attack, National Intelligence
and Security Services (NISS) forces committed three confirmed
extrajudicial killings in Khartoum and Omdurman. NISS forces killed one
woman as she tried to prevent the arrest of her brother; one Darfuri
student; and beat one man who later died of his injuries.
The police and army killed demonstrators.
On May 21, students undergoing mandatory military training at Ed
Damazin Camp protested violently against harsh training techniques and
the death of a fellow student. SAF soldiers shot at the students,
killing two and injuring 15 of them.
On July 27, police killed two demonstrators in White Nile after
local farmers gathered to protest government land confiscation.
The UN Mission in Sudan (UNMIS) continued to receive reports that
SPLA soldiers committed extrajudicial killings.
Civilians were killed and injured as a result of fighting between
the SPLA and civilians during a GOSS disarmament campaign. For example,
on June 5, in Iloli and Loguruny villages in Eastern Equatoria, eight
civilians were killed and an estimated 1,410 persons displaced by
fighting; the incident was not under investigation by year's end. On
September 8, the SPLA injured persons during a disarmament activity in
Rumbek.
Approximately 50 civilians reportedly died due to landmines in the
south during the year, although some observers believed the number to
be much higher since only a small percentage of deaths were actually
reported to the UN. The Government continued to cooperate with the UN
Mine Action Group to remove landmines in the south.
On January 1, diplomat John Granville and driver Abdelrahman Abbas
Rahama were killed in Khartoum. By August authorities had arrested five
suspects in connection with the killings and commenced to try them; the
trial was ongoing at year's end.
Interethnic conflict throughout the country resulted in deaths
during the year (See Section 1.g.).
The LRA committed numerous arbitrary killings in Southern Sudan
throughout the year.
For example, on January 30, in Central Equatoria State, four
civilians were killed in an LRA attack. In February an LRA incursion
into Western Equatoria resulted in the deaths of 136 persons. On June
5, in Nabanga in Western Equatoria, an LRA attack on an SPLA base
killed an estimated 12 civilians. In December the Governments of
Uganda, the Democratic Republic of Congo, and Southern Sudan began a
joint military operation against the LRA.
b. Disappearance.--The Government was responsible for hundreds of
politically and ethnically-motivated disappearances, particularly of
Zaghawas living in Khartoum and Omdurman.
The NISS arrested hundreds of Darfuris in May and June following
the May 10 attack, detaining pedestrians and car passengers who
appeared to be Zaghawa. Released detainees reported that the NISS
continued to hold up to 2,500 detainees at several detention locations
in the weeks following the attack. Several reported that they were
beaten while in custody. By year's end fewer than 300 persons had been
charged with participating in the May 10 attacks. Human rights
organizations claimed that while most of the detainees were released,
the Government continued to hold several hundred without charges at
year's end.
Prominent Darfuri lawyers and activists arrested by the NISS in
Khartoum remained unaccounted for by year's end. For example, in May,
Abdelillahi Widaa, cofounder of the nongovernmental organization (NGO)
Darfur Forum for Reconciliation and Peaceful Coexistence, fled Khartoum
following repeated visits by NISS officers to his home and place of
work, as well as a reported threat by the NISS to kill him. On May 19,
Widaa turned himself in to NISS headquarters for questioning and
subsequently disappeared; as of year's end his whereabouts were
unknown.
From May 11 to 21, NISS officers arrested six Darfuri lawyers from
the independent Darfur Bar Association, including Abdelshakur Dirar. On
June 6, Dirar's wife and nine-month-old baby were also arrested and
taken to NISS headquarters. On August 20, Dirar's wife and baby were
released. All six lawyers were released by year's end.
An estimated 15,000 Dinka women and children were abducted, mainly
from 1983 to 1999; thousands of them remained unaccounted for. In
contrast to 2007, the Government's Committee to Eradicate the Abduction
of Women and Children (CEAWC) reportedly returned 228 previously
abducted Dinka to their ancestral villages in Southern Sudan during the
year. During the year CEAWC received four million Sudanese pounds
(approximately $180 million) in government funding. The UN Children's
Fund (UNICEF) estimated that 4,000 Dinka abductees remain in South
Darfur.
Rebel forces in Darfur abducted persons, including humanitarian aid
workers (See Section 1.g.).
Intertribal abductions of women and children in the south
continued.
The LRA abducted persons, including children in Southern Sudan. On
April 20, LRA members abducted women and children during an attack on
villages in Western Equatoria State. On December 22, the LRA attacked
Lokurubanga village in Central Equatoria State, and abducted 12
persons. In late December the LRA abducted persons, including children,
from Luro village in Western Equatoria.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Interim National Constitution prohibits such
practices; however, government security forces continued to torture,
beat, and harass suspected political opponents and others. In Darfur
and other areas of conflict government forces, rebel groups, and tribal
factions committed torture and abuse (See Section 1.g.). SPLA forces
sometimes abused persons in the south.
In accordance with Shari'a (Islamic law), the Criminal Act provides
for physical punishments, including flogging, amputation, stoning, and
crucifixion-the public display of a body after execution. Under the
Interim National Constitution, the Government exempts the 10 southern
states from Shari'a, although its application in the south still
occurred on an ad hoc basis, and traditional customary law was
frequently applied against convicted defendants. Northern courts
routinely imposed flogging, especially for production of alcohol.
Government security forces beat and tortured persons in detention,
including members of the political opposition, civil society activists,
and journalists. These persons were often subsequently released without
charges.
On May 11, NISS officers arrested Abdelaziz Sam, Secretary of Legal
Affairs for the Transitional Darfur Regional Authority (TDRA), and
three members of his family. The men were bound together and beaten for
five hours, then later released without charge.
On May 18, NISS officers arrested Al-Ghali Shegifat, journalist for
the independent Rai Al-shaab newspaper and head of the Darfur
Journalist Association; he was detained for 60 days without charge,
during which time he was regularly beaten.
On November 24, the NISS detained human rights activists Abdel
Moniem El Gak, Osman Hummaida, and Amir Suleiman. Suleiman was released
the same day. El Gak was released on November 26, after having been
released and detained again on November 25. Hummaida was released on
November 28. Security forces physically abused El Gak and Hummaida, and
threatened Suleiman that he would be tortured. El Gak and Suleiman fled
the country following their release.
Police and NISS officers forcibly dispersed student protestors,
which resulted in serious injuries.
On June 12, at the University of Khartoum, police forcibly
dispersed Darfuri students who were peacefully protesting the arrest of
a fellow student the previous day. NISS officers followed the students
to their dormitory, where they beat several of them and threw two
students from windows, severely injuring them.
Unlike in 2007, there were no reports that police conducted
sporadic raids on houses occupied by Ethiopian and Eritrean refugees or
migrants.
SPLA military police detained eight third-country nationals
suspected of stealing SPLA payroll funds. All of the detainees were
taken to SPLA headquarters in Juba. Four detainees were released a week
later. The remaining four were transferred to a detention facility
known as the customs market, then to another location; during detention
they were reportedly caned, shackled, and allegedly subjected to
psychological abuse. The four were released under house arrest in June,
and by year's end were permitted to continue working and living in the
country.
In June the SPLA reportedly detained one of its captains for
beating a foreign national.
According to a UN report, on March 9, guards at an unofficial SPLA
detention facility known as Jail 1 shot an SAF soldier when he tried to
escape.
There were cases in which Southern Sudan Police Services (SPSS)
officers and SPLA officers reportedly raped women, often with impunity.
In Darfur, government forces, government-aligned militias, rebel
groups, and tribal factions killed, injured, and raped civilians (See
Section 1.g.).
Prison and Detention Center Conditions.--Prison conditions
throughout the country remained harsh and overcrowded. Almost all
prisons lacked basic facilities such as toilets and showers. Health
care was primitive; prisoners usually relied on family or friends for
food. Officials continued to arbitrarily deny visits to prisoners.
The Government routinely mistreated persons in custody. There were
credible reports that security forces held detainees incommunicado;
beat them; deprived them of food, water, and toilets; and forced them
to sleep on cold floors. Prisoners died from lack of health care and
poor prison conditions.
Juveniles often were held with adults in the north.
Government authorities detained 109 children in connection with the
May 10 JEM attack. Most of the children were sent to a detention
facility for children after having been initially held with adults for
several days. UN officials described the conditions in the separate
facility as good. However, some children were not sent to the separate
facility and remained detained with adults. Ninety-nine of the children
were pardoned and released; four were tried, acquitted and released;
five had ongoing trials and remained detained; and one, who was given a
death sentence, was going through an appeal process.
Unlike the previous year, the Government allowed some restricted
visits to prisons by human rights observers in the north. The
International Committee of the Red Cross (ICRC) had limited access to
government prisons during the year; however, released prisoners
reported that officials hid high-profile detainees during visits.
Prisons in Southern Sudan provided inmates with at least one meal
per day. The Prisons Directorate of Southern Sudan (SSPD) provided
separate quarters for male and female prisoners and usually housed
juveniles in separate cells. Prison labor was used for the construction
of private residences for SPLM officials.
Pretrial detainees were generally held in jails separate from
convicted prisoners in the south. Detention centers in Southern Sudan
were under the control of local tribal or state authorities, and were
uniformly substandard. Some were holes dug in the ground around a tree,
with detainees shackled to the tree. Sanitary and medical facilities
were uniformly inadequate.
The SSPD permitted monitoring of prison conditions by the ICRC and
other observers.
SLA/Minni Minawi continued to operate detention centers in North
Darfur, including in Dar al Salaam, Zam Zam, and Shagil Tobaya. UNAMID
reported that detainees were held in poor conditions. The SLA and other
rebel groups allowed the ICRC access to some detainees during the year.
d. Arbitrary Arrest or Detention.--The Interim National
Constitution prohibits arbitrary arrest and detention without charge;
however, the Government continued to arbitrarily arrest and detain
persons, often under the National Security Act. In Southern Sudan,
arbitrary arrests and detention were common. While the law does not
provide the SPLA with arrest powers, the SPLA arrested and detained
persons.
Role of the Police and Security Apparatus.--Several government
entities have responsibility for internal security including the
police, the NISS, the Ministry of Interior, and the Ministry of
Defense; all had active security forces. Government security forces
committed serious and widespread abuses against civilians with
impunity, including in connection with the conflict in Darfur (See
Section 1.g.). The NISS maintains security officers in major towns and
cities throughout the north, including Darfur, and also has a presence
in the south. The NISS also controlled the Central Reserve Police
(CRP). The CRP committed abuses in Darfur, including, for example, the
August 25 killings of 33 IDPs at Kalma Camp. The SAF, under the
Ministry of Defense, attacked civilian targets in Darfur. The Ministry
of Defense's Border Intelligence Force (BIF), a loosely-organized force
composed of former janjaweed fighters in Darfur, also committed abuses.
Fighting between BIF and other security forces in Darfur resulted in
civilian deaths.
Police corruption was a problem, and some police officers
supplemented their incomes by extorting bribes.
The SPSS has responsibility for law enforcement in the south under
the interim GOSS constitution. The SPSS lacked resources and capacity.
Police reports were often incomplete, if used, files frequently
misplaced, and suspects frequently detained based on accusations rather
than official investigations. Police corruption, impunity, and lack of
effectiveness were problems. There were reports of retaliation against
persons who complained about police abuses.
The SPLA does not have law enforcement authority under the interim
GOSS constitution, except when requested by civil authorities due to
necessity; however, the SPLA detained persons, including in SPLA-run
detention facilities.
UNMIS regularly trained SSPS and SPLA personnel on a wide-range of
security-related subjects during the year, but limited GOSS resources
hampered the effectiveness of the training programs.
Arrest and Detention.--Warrants are not required for an arrest. The
Criminal Code permits authorities to detain individuals for three days
without charge, which can be extended for 30 days by order of the
director of security and another 30 days with the approval of the
prosecuting attorney. Under the National Security Act, which superseded
the Criminal Code, an individual accused of violating national security
may be detained for three months without charge, and the director of
security may extend this period for another three months. In practice,
indefinite detentions were common. The law provides for the individual
to be informed of the charges at the time of arrest and for judicial
determination without undue delay, but these provisions were rarely
followed.
The law allows for bail, except for those accused of crimes
punishable by death or life imprisonment, and there was a functioning
bail system in the north. Southern Sudan had no functioning bail
system; suspects granted bail in exceptional cases were generally
required to post exorbitant amounts as bond.
Although the law provides for access to a lawyer, government
security forces often held persons incommunicado for long periods in
unknown locations without access to lawyers or family members.
Following arrests of an unknown number of Darfuris in Khartoum and
Omdurman after the May 10 JEM attack, lawyers belonging to the Darfur
Bar Association volunteered to represent the detainees, but authorities
severely restricted their access to the detainees and arrested some
defense lawyers. Southern Sudan had fewer than 60 practicing defense
lawyers, and no system of legal assistance.
Individuals were arbitrarily arrested and detained. The NISS
committed numerous arbitrary arrests. Authorities often detained
persons for a few days before releasing them without charge, but many
persons were held for much longer.
Foreigners in Southern Sudan, generally Ugandans or Kenyans, were
held for long periods without trial; authorities required the families
of juveniles to sign for their release, resulting in indefinite
detention for some juveniles from foreign countries.
Journalists and NGO members were arrested, detained, and tortured
during the year.
Unlike in previous years, there were no reports of religious
leaders being arrested and beaten.
There were reports that some businessmen were held in detention
without due process for failure to pay back large loans to Sudanese
financial institutions.
Security forces in the north often targeted southern women in IDP
camps because they produced and sold traditional home brewed alcohol
beverages; these women were arrested and imprisoned for up to six
months under Shari'a.
Women in Southern Sudan were frequently arrested and detained on
suspicion of adultery.
Lengthy pretrial detention was common. Trial delays were caused by
large numbers of detainees and judicial inefficiency, such as the
failure of judges to appear for court. In Southern Sudan, trial delays
also resulted in unreasonably lengthy pretrial detentions, and persons
were not provided prompt access to lawyers.
The Government routinely imposed house arrest without due process.
e. Denial of Fair Public Trial.--Although the Interim National
Constitution and the law provide for an independent judiciary, the
judiciary was largely subservient to the president or the security
forces, particularly in cases of alleged crimes against the state. The
judiciary was inefficient and subject to corruption.
An executive-level judiciary committee recommends and the president
appoints the chief justice and justices of the Supreme Court. The
president appoints the Constitutional Court's seven members. On
occasion courts displayed a degree of independence. However, political
interference with the courts was commonplace.
The judicial system includes four types of courts: regular,
military, special, and tribal. In the regular court system, there are
civil and criminal courts, appeals courts, and the Supreme Court.
Military courts tried only military personnel and did not provide the
same rights as civilian and criminal courts. Special courts existed in
Darfur under the state of emergency to try crimes against the state.
There were three such courts, one in each Darfur state capital;
however, the courts did not function during the year. Tribal courts
functioned in rural areas to resolve disputes over land and water
rights, and family matters.
In August the Ministry of Justice appointed a special prosecutor
for crimes in Darfur, Nimr Ibrahim Mohamed. Human rights observers
asserted that the special prosecutor was biased in favor of the ruling
party, and that the process was not credible. The special prosecutor
did not begin judicial proceedings against any persons for crimes in
Darfur by year's end.
Antiterrorism courts were set up to try persons arrested in
connection with the May 10 JEM attack on Omdurman. Persons tried under
these courts did not have the same rights as those tried in regular
courts.
In the south the GOSS employed a judicial system of traditional
chiefs' courts, payam (district) courts, county judges, regional
judges, and a court of appeals. Traditional courts have been formalized
and integrated into the judicial system. The court system did not
function in many areas due to lack of infrastructure, communications,
funding, and an ineffective police force. The GOSS recognized
traditional courts or courts of elders, which applied customary law to
most cases in remote and rural areas of the south, including domestic
matters and criminal cases.
Trial Procedures.--The Interim National Constitution and law
provide for fair and prompt trials as well as a presumption of
innocence; however, this was often not respected. Trials were open to
the public at the discretion of the judge. In cases of national
security and offenses against the state, trials were usually closed.
Juries are not used. The accused normally has the right to an attorney,
and the courts are required to provide free legal counsel for indigent
defendants accused of crimes punishable by death or life imprisonment.
Defendants and their attorneys generally had the right to present
evidence and witnesses; to be present in court; to confront accusers;
and had access to government-held evidence relevant to their cases.
However, there were reports that defendants frequently did not receive
legal counsel, and that counsel in some cases could only advise the
defendant and not address the court. There were reports that the
Government sometimes did not allow the calling of defense witnesses.
Defendants have a right to appeal, except in military trials, where
there is no appeal.
In both the north and south, women were usually not allowed to
testify as witnesses without the backing of three men.
Lawyers wishing to practice were required to maintain membership in
the Government-controlled Sudanese Bar Association. The Government
continued to arrest and harass members of the legal profession whom it
considered political opponents, and did not allow the Darfur Bar
Association to register as an NGO.
Military trials, which sometimes were secret and brief, did not
provide procedural safeguards. For example, the defendant's attorney
could advise the defendant, but could not address the court. Witnesses
may be permitted to appear at military trials.
During the year the Ministry of Justice tried suspects, including
children, in connection with the May 10 JEM attacks in antiterrorism
courts under the Terrorism Act of 2001. Authorities did not permit
defense lawyers consistent access to their clients; frequently changed
venues and admission procedures at the last minute; and did not fully
identify all the suspects. In August the court sentenced 42 defendants
to death on charges of subverting the state and engaging in terrorism,
and trials of 87 additional suspects were ongoing at year's end.
Defense lawyers for the accused claimed that two were mentally ill.
Nine children were tried in the courts: four of them were acquitted and
released; the trials of five were ongoing; and one was sentenced to
death and had on ongoing appeal.
The Special Courts Act created special three person security courts
to deal with violations of constitutional decrees, emergency
regulations, and some sections of the Penal Code, as well as drug and
currency offenses. Special courts, composed primarily of civilian
judges, handled most security related cases.
Shari'a is applied in the north, but not in the south, under the
Interim National Constitution. However, some judges in the south
reportedly continued to follow Shari'a legal procedures. In the south,
traditional or customary law was often used.
In Southern Sudan, according to the UN, most persons sentenced to
death had not had adequate legal representation.
In parts of the south and the Nuba Mountains, where civil
authorities and institutions did not operate, there were no effective
judicial procedures beyond customary courts. According to credible
reports, military units in those areas summarily tried and punished
those accused of crimes, especially of offenses against civil order.
Political Prisoners and Detainees.--The Government held an
undetermined number of political detainees. Security forces detained
without charge, abused, and held incommunicado political opponents.
Detentions of such persons often were prolonged.
The NISS arrested and detained large numbers of Darfuris in May and
June following the May 10 JEM attack on Omdurman. Human rights
organizations claimed that while most of the detainees were released,
the Government continued to hold several hundred detainees without
charges at year's end.
Several members of SLA/Minni Minawi were arrested at their homes,
beaten, and detained overnight following the May 10 JEM attack. Hassan
al Turabi, leader of the Popular Congress Party (PCP), was also
arrested and detained for 12 hours after the attack.
PCP members were detained for short periods of time; members
arrested in previous years remained in detention. Journalists and
lawyers active in the PCP were also detained.
The Government arrested and detained journalists.
The Government did not permit international humanitarian
organizations to have access to political detainees.
Civil Judicial Procedures and Remedies.--There was access to a
court for lawsuits seeking damages for human rights violations;
however, the judiciary was not independent. There were problems
enforcing domestic court orders.
Property Restitution.--There were numerous ongoing disputes between
the Government and various churches involving confiscated church
property. There were no reports of court-ordered property restitution
or compensation.
There were reports that the Government's Merowe Dam Implementation
Unit did not compensate nomads for land it took in 2006. During the
year the Government closed the dam's flood gates, causing the water
level to rise and civilians to be displaced. By year's end
approximately 21,000 persons remained without adequate shelter or
access to humanitarian assistance after refusing to settle on land
provided for them, which they claimed was substandard and distant from
their ancestral homelands along the Nile. In March the UN Special
Rapporteur on the situation of human rights in Sudan was denied access
to Northern State, where she had planned to meet with communities
affected by the Merowe and planned Kajbar dams. On August 23, on Sai
Island, police reportedly beat persons while dispersing a protest
regarding the dams.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Interim National Constitution and law prohibit
such actions, but the Government routinely violated these rights in
practice.
Security forces frequently conducted searches without warrants and
targeted persons suspected of political crimes.
In Darfur, throughout the year, government armed forces and aligned
militia continued to bomb and burn villages, loot property, and
attacked IDPs (See Section 1.g.).
Police often entered IDP areas without a warrant in search of
illegal alcohol brewing and often seized property unrelated to brewing.
Police also extorted money from illegal alcohol brewers by threatening
them with prison.
The Government monitored private communication and movement of
individuals without legal process. A wide network of government
informants conducted surveillance in schools, universities, markets,
workplaces, and neighborhoods.
In several areas the Government sought to forcibly resettle or
displace local populations. There were no developments in the case of
12,000 persons displaced during the 2006 demolition of a squatter camp
in Gezira State.
The use of child soldiers in Darfur was a problem (See Section
1.g.).
Under Shari'a, a Muslim man may marry a non Muslim, but a Muslim
woman cannot marry a non Muslim unless he converts to Islam; this
prohibition was not observed or enforced universally in the south or
among the Nubans. Non Muslims may adopt only non Muslim children; no
such restrictions apply to Muslim parents.
The Government detained persons for alleged violations by a member
of their family.
The GOSS generally did not interfere with privacy, home, or
correspondence in the south; however, there were reports that rural
detention centers held family members of accused persons who had fled
before they could be arrested in the south.
The use of child soldiers in the south was a problem (See Section
1.g.).
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Darfur.--In Darfur fighting involving government, government-aligned
militias, rebel groups, and ethnic groups continued during the year,
and insecurity increased. The Government and government-aligned
militias continued to attack villages; aerial bombardment of villages
by the Government continued. Humanitarian access was restricted by the
Government, and rebels attacked and abducted humanitarian workers. On
May 10, JEM rebels attacked Omdurman, near Khartoum. On November 12,
President Bashir announced a cease-fire in Darfur; however, government
and rebel attacks continued. Intertribal violence also continued.
A UN Panel of Experts report found that Chadian armed groups
operate openly in Darfur, and are supplied and supported by Sudanese
authorities. The panel noted that the NISS reportedly provides
vehicles, weapons, and fuel to Chadian rebels and that Chadian rebels
receive training in Darfur, including in SAF-controlled areas. Several
Chadian rebel groups were observed operating openly in West Darfur. The
panel frequently saw vehicles of the Chadian rebel group Union of
Forces for Democracy and Development entering and leaving government
installations.
Attacks and other acts of violence by all parties to the conflict
resulted in widespread civilian deaths and injuries, displacement, and
property destruction. The use of rape as a weapon of war and
recruitment of child soldiers continued to be widespread.
Killings.--Government forces and government-aligned militias
engaged in the deliberate killing of civilians, including continued
aerial bombardment of civilian targets, such as homes, schools, and
markets. According to several UN reports, the Government painted white
the aircraft used to conduct bombing raids and transport arms to
Darfur, the same color as UN aircraft, in violation of UN Security
Council Resolution 1591. The aerial bombardment of villages was often
followed by ground attacks by janjaweed and SAF vehicles.
The SAF bombed rebel-held villages in West Darfur, displacing tens
of thousands of civilians and killing many others. For example, on
January 7, 12, and 24, the SAF and supporting militias attacked and
burned Seraf Jidad village, killing 26 civilians. On February 8, the
SAF bombed the towns of Abu Suruj, Silea, and Sirba-SAF and militia
ground attacks followed; at least 115 persons were killed. In Silea
attackers also killed two NGO workers. A UN report noted that the SAF
and armed militias committed ``violations of international humanitarian
and human rights law against the civilian populations of Seraf Jidad,
Sirba, Silea, and Abu Suruj.'' In February the SAF also conducted
several aerial bombings of JEM positions in and around Jebel Moon,
displacing thousands, including some to Chad, and killing at least 20
civilians.
During the year aerial bombardments of villages in North Darfur
killed civilians. For example, government bombing of Madu and Mou on
March 29, and of Shegeg Karo on May 4, killed civilians. On September
3, SAF aircraft bombed the villages of Birmaza and Diza; the bombings
and follow-up ground attacks killed at least 20 civilians.
The Government attacked IDPs, killing and injuring many. On August
25, at Kalma IDP Camp, South Darfur, the CRP killed 33 IDPs and injured
108 IDPs when they opened fire on a group of IDPs assembled to prevent
a search of the camp. On October 9, government forces attacked Nertiti
IDP Camp, injuring civilians.
There was no evidence that the Government prosecuted or otherwise
penalized attacking militias. Government forces provided support,
weapons, and ammunition to government-aligned militias.
Government security forces frequently fired on uniformed rebels in
civilian areas, including those of DPA signatories. During a two-week
period in May, 14 fighters with SLA/Minni Minawi were killed in North
Darfur, including seven at a police checkpoint near the village of Dar
Al Salaam.
Conflicts between different government security forces resulted in
civilian casualties.
On April 9, janjaweed working in the BIF rode into the El Fasher
market on horseback to protest unpaid salaries, and killed one civilian
in the ensuing gun battle with local police.
In July fighting between BIF and CRP forces in South Darfur killed
one civilian.
On August 28, fighting between the CRP and BIF in the South Darfur
town of Mershing killed one civilian and wounded eight.
Conflicts among different rebel groups in Darfur resulted in
civilian casualties throughout the year. On May 21, in Kafoud, North
Darfur, fighting between SLA/Minni Minawi and SLA/Free Will killed 13
civilians and injured eight.
There were developments in the September 2007 case of several
hundred unidentified rebels who attacked an African Union Mission in
Sudan camp in Haskanita, South Darfur, killing 10 peacekeepers and
wounding many more. On November 20, the International Criminal Court
(ICC) prosecutor requested an arrest warrant for three rebel commanders
for war crimes pertaining to this attack; the names of the rebel
commanders were not released by year's end. On December 9, the ICC
pretrial chamber requested that the prosecutor first submit additional
information.
Unknown assailants killed 12 UNAMID peacekeeping troops during the
year.
For example, on July 8, hundreds of well-armed fighters ambushed a
UNAMID convoy east of Shagil Tobaya in an attack lasting several hours;
seven peacekeepers and police officers were killed and 22 wounded. By
year's end no suspects had been arrested and no specific rebel groups
had been formally accused of attacking the convoy.
On July 10, a UNAMID officer was killed in his vehicle in West
Darfur by unknown assailants.
Intertribal fighting also resulted in the killings of civilians,
particularly in South Darfur.
For example, fighting in June between the Tarjam and Benihalba Arab
tribes in South Darfur resulted in more than 100 deaths, including of a
Benihalba sheikh who had attempted to mediate between the two parties.
SAF aerial bombardment of Benihalba villages following the fighting
resulted in an unknown number of deaths.
In July and August, in South Darfur, fighting between the Rizeigat
and Misseriya Arab tribes killed at least 60 persons.
In October, near Abu Dangal village and Muhajeria town, in South
Darfur, interethnic fighting and ethnic militia attacks destroyed
villages, killed persons, and displaced thousands.
Physical Abuse, Punishment, and Torture.--All parties to the
conflict perpetrated acts of torture and abuse. The Government abused
persons detained after armed conflict as well as IDPs suspected of
having links to rebel groups. There were continued reports that
janjaweed, rebels, and government security forces raped women and
children.
In 2005 the UN noted the ``widespread and systematic'' prevalence
of sexual violence in Darfur directed against women and girls, and this
trend continued during the year. Women and girls in IDP camps
frequently reported rapes by ``men in uniform,'' and their assailants
generally beat them and threatened to kill them.
For example, there were reports that janjaweed raped children
during the February 8 SAF attacks in West Darfur. In March, in Nyala,
government soldiers raped two 14-year-old girls. On August 19, an IDP
spokesman reported that janjaweed raped two girls and one woman after
they left the camp to gather firewood. UNAMID reported that armed men
in uniform raped two girls, age 11 and 12, in November in North Darfur.
Authorities often obstructed access to justice for rape victims,
and during the year only one person was convicted of rape in Darfur.
A report by the Darfur Consortium documented several cases from
2003 to 2007 in which the janjaweed abducted persons for varying
lengths of time, and raped or used them for forced labor. The report
also cites other such incidents involving the SAF and the Popular
Defense Forces (PDF).
Child Soldiers.--Recruitment of child soldiers remained a serious
problem in Darfur.
A 2007 UN report cited the SAF, police including the CRP,
janjaweed, government-aligned PDF, and Darfur rebel groups JEM, the
SLA/Gasim, the SLA/Free Will, the SLA/Minni Minawi, the SLA/Abdul
Wahid, and the SLA/Shafi as recruiting or using child soldiers. The UN
report also cited recruitment or use of child soldiers by Chadian rebel
forces operating inside Sudan. Darfur rebel groups also recruited child
soldiers in the Sudanese refugee camps in Chad.
The JEM used child soldiers as part of the May 10 attack.
Government authorities detained 109 children in connection with the
attack. Most were sent to a detention facility for children after
having been initially held along with adults for several days. UN
officials described the conditions in the separate facility as good.
However, some children were not sent to the separate facility and were
detained with adults. Ninety-nine of the children were pardoned and
released; four were tried, acquitted and released; five had ongoing
trials and remained detained; and one, who was given a death sentence,
was going through an appeal process.
In June 2007 UNICEF signed an action plan with SLA/Minni Minawi
that committed the rebel group to identify locations of child soldiers;
however, SLA/Minni Minawi continued to use child soldiers. In August
UNAMID officers visited an SLA/Minni Minawi encampment and observed
numerous boys bearing arms intermingled with older soldiers.
Other Conflict-Related Abuses.--All parties to the conflict
obstructed the work of humanitarian organizations, caused the
displacement of approximately 315,000 civilians during the year, and
abused IDPs.
The Government continued to restrict and obstruct humanitarian
assistance to Darfur, despite the March 2007 Joint Communique between
the Government and the UN.
Government forces frequently harassed NGOs that received
international assistance. The Government often shut down NGO offices;
restricted or denied humanitarian assessments; copied NGO files;
confiscated NGO property; questioned humanitarian workers at length;
monitored humanitarian workers' personal correspondence; and publicly
accused humanitarian workers of being ``spies,'' ``Western agents,''
and ``workers for Israel.''
The Government frequently changed procedures pertaining to NGOs
operating in Darfur.
Government officials did not issue visas and travel permits for
international humanitarian workers on a timely basis despite agreements
to do so.
Policy discrepancies between Darfur state-level and Khartoum-based
officials in the Humanitarian Affairs Commission (HAC) adversely
affected humanitarian operations.
The HAC continued to request that NGOs refrain from interviewing or
selecting staff unless they used a five-person government selection
panel and had HAC officials present, significantly delaying the hiring
of new staff in Darfur.
The HAC also continued to impose new additional requirements on
humanitarian organizations during the year, including for medical
supply documentation, regional and local governmental approvals, and
travel.
On January 7, near Tine, SAF personnel shot at a UNAMID convoy,
injuring a driver and damaging an armored personnel carrier and diesel
tanker.
Rebel forces and bandits obstructed humanitarian assistance,
regularly attacked the compounds of humanitarian organizations, and
seized humanitarian aid, assets, and vehicles. Attacks against
humanitarian convoys increased during the year. Instability forced many
international aid organizations to scale back their operations in
Darfur.
According to the UN, bandits and other armed persons killed 11
humanitarian workers, abducted 189 staff, hijacked 261 vehicles, and
broke into 172 humanitarian compounds during the year as of November
30.
In May increased attacks on humanitarian convoys forced the World
Food Program (WFP) to cut food rations in Darfur by 50 percent. WFP was
able to restore full rations by year's end due to relative improvements
in the security situation and the opening of alternative road corridors
with the end of the rainy season.
According to the UN, nearly 2.7 million civilians have been
internally displaced, and approximately 250,000 refugees have fled to
neighboring Chad since the conflict in Darfur began in 2003. Despite
the signing of the DPA in May 2006, continued attacks and violence in
Darfur, perpetrated by all parties to the conflict, resulted in 315,000
new displacements during the year, and some existing IDPs were
displaced for the second or third time. Darfur IDPs did not return in
any significant numbers to their places of origin, although small-scale
spontaneous returns to certain villages occurred.
There were numerous reports of abuses committed by security forces,
rebels, and militias against IDPs, including rapes, beatings, and
attempts by the Government to forcibly return relocated persons to
other sites. There were credible reports that the Government harassed
IDPs in Darfur who spoke with foreign observers.
Insecurity in Darfur, especially outside of IDP camps, restricted
IDPs' freedom of movement; women and girls who left the town and camps
risked sexual violence.
On May 12, the CRP burned the market and several homes in Rwanda
IDP Camp, causing camp residents to flee.
The Government forced IDPs to relocate to alternative IDP camps or
other sites.
Following several days of interethnic clashes inside Kalma IDP
Camp, on October 20 the governor of South Darfur announced plans to
divide the camp into nine smaller camps. At year's end, approximately
20,000 of the estimated 90,000 residents had left the camp as a result
of the clashes. According to the International Organization on
Migration, Sudanese security forces and the Government's Humanitarian
Affairs Commission forcibly relocated approximately 500 IDP households
between October 26 and October 28.
Kalma Camp representatives accused the local government of shifting
the course of a major river in Nyala, causing it to flow through the
camp and displacing thousands of IDPs within the camp.
There were reports that the Government forced or coerced IDPs to
return to their villages by promising food and money; however, most
IDPs who returned to the villages to receive the assistance later
returned to the IDP camps. Government attempts to resettle IDPs were
generally unsuccessful.
The Government provided little assistance or protection to IDPs in
Darfur. Most IDP camps had no functioning police force.
In October government authorities arrested a Khartoum journalist
who translated an elderly IDP's statement from Zaghawa into Arabic for
a visiting Qatari envoy; he was later released.
International observers noted that criminal gangs aligned with
rebel groups operated openly in several IDP camps, as well as operated
back-and-forth across the border with Chad.
Southern Sudan.--Tensions over CPA implementation persisted.
Civilians were killed and displaced by fighting in Abyei from May 14 to
22 and from December 12 to 13; LRA attacks along the country's southern
border; and regularly occurring intertribal fighting, including between
police and SPLA soldiers of different tribes.
According to the UN, approximately 2.1 million persons returned to
Southern Sudan and the Three Areas (Abyei, the Nuba Mountains, and Blue
Nile) since 2005. These persons had been displaced as a result of
conflict, famine, and fighting during the north-south conflict.
Fighting between the SAF and SPLA from May 14 to 22 destroyed much
of the town of Abyei, caused hundreds of casualties among combatants
and civilians, and displaced more than 50,000 persons.
On June 8, the presidency endorsed the Abyei roadmap agreement. The
agreement includes provisions for the deployment of new joint
integrated units (units composed of SAF and SPLA forces), the return of
IDPs, administration and wealth sharing, and arbitration to resolve
disagreements regarding the Abyei Boundaries Commission's findings (a
commission established under the CPA to define Abyei's boundaries).
Implementation of the agreement was slow. By December a tribunal to
arbitrate the disagreement over the ABC report had been established,
its members appointed, and the Government and SPLA/M had submitted
briefs. On November 11, a chief administrator of Abyei and five other
administration members were appointed; however, the administration did
not have an operating budget. New joint integrated units and police
were put in place, but a small number of SPLA and SAF troops remained
in the area.
On December 12 and 13, in Abyei town, clashes between joint
integrated units and joint integrated police units killed approximately
two civilians and caused thousands of civilians to flee the town. At
year's end the joint integrated units were withdrawn from Abyei town,
and the joint integrated police units were given responsibility for law
enforcement.
Few of those displaced by the May 14-22 and the December 12-13
fighting returned.
In previous years members of the Government-allied PDF were
responsible for the deaths of numerous civilians and returning IDPs; no
specific information was available during the year.
Intertribal and intercommunal clashes also resulted in hundreds of
civilian deaths and displacement.
On March 9 and 10, interethnic attacks in Tonj County, Warrap State
killed 67, injured 117, and displaced 2,600 persons.
On April 22, 92 persons were reportedly killed during fighting
between Dinka Luach of Warrap State and Dinka Pakam of Lakes State.
In April and May, in the villages of El Sunnut and Abu Junuk in
Southern Kordofan State, armed conflict between Misseriya Arab and Nuba
ethnic groups displaced approximately 5,000 persons.
In February fighting in Jonglei State between the SSPS and the SPLA
displaced more than 3,500 persons.
Child Soldiers.--A 2007 UN report cited the SAF, South Sudan
Defense Forces, including those of Major-General Gabriel Tang Ginyi,
the SPLA, and the Pibor Defense Forces (a local militia in the south)
as recruiting or using child soldiers.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Interim National Constitution
provides for freedom of thought, expression, and of the press ``as
regulated by la.''; however, the Government severely restricted these
rights in practice. Restrictions on the media increased during the
year. The Government, through the NISS, continued to censor print and
broadcast media, ban the printing of newspapers, and harass vocal
critics of the Government. The Government controlled media through the
National Press Council, which administered mandatory professional exams
for journalists and editors. Journalists also practiced self-
censorship.
Individuals who criticized the Government publically or privately
were subject to reprisal, including arrest. The Government attempted to
impede such criticism, and monitored political meetings.
The Government directly controlled some print media outlets and
exerted a great degree of control over the limited number of
independent newspapers, including through direct censorship.
The Government directly controlled radio and television and
required that both reflect government policies. Some foreign shortwave
radio broadcasts were available. A private FM radio station continued
to operate, and UN radio operated throughout the country. In addition
to domestic and satellite television services, there was a pay cable
network, which directly rebroadcast uncensored foreign news and other
programs.
The Government restricted international media in the north. While
some foreign journalists were denied visas, others had regular access
to opposition politicians, rebels, and civil society advocates.
Journalists were subjected to arrest, harassment, intimidation, and
violence due to their reporting.
In February the Government detained overnight Sid Ahmed Khalifa and
Adil Sid Ahmed, the editor and deputy editor of Al-Watan, after they
published an article regarding the police.
On May 18, the NISS arrested Al Ghali Shegifat, a journalist for
the independent Rai Al-shaab newspaper, and head of the Darfur
Journalists Association. Shegifat was held for 60 days without charges,
and was beaten regularly during his confinement.
On November 1, journalist Salah Bab Allah of Al Entibaha was
reportedly arrested after he wrote an article on hemorrhagic fever; he
was later released.
On November 17, police arrested approximately 70 demonstrators,
many of whom were journalists, during a protest against censorship. The
protesters were subsequently released.
The Government directly censored the media.
In March the NISS instituted a policy that required newspaper
editors to bring their broadsheets to NISS headquarters for review
before printing. Censors removed controversial articles before
newspapers were printed at a government-controlled printing press.
In May three Arabic-language newspapers were shut down for refusing
to comply with the NISS policy. After several days of negotiations, the
NISS instituted a new policy requiring newspapers to permit NISS
censors to review newspapers each evening in their respective editorial
offices. Human rights lawyers estimated that censors removed an average
of five press articles each day.
Authorities similarly harassed English-language newspapers whose
primary readership was southerners. According to editors of The Citizen
and The Khartoum Monitor, two daily newspapers printed in Khartoum, in
September authorities refused the newspapers permission to print in
Khartoum after both printed articles critical of the Government's
policy in Darfur. The editors temporarily printed The Citizen and The
Khartoum Monitor in Uganda. The Sudan Tribune was also banned from
printing in Khartoum on September 1; the ban was lifted approximately
one week later. By year's end all three newspapers had resumed printing
in Khartoum.
Authorities in Southern Sudan generally respected press freedom,
although there were some reports of harassment of journalists. For
example, on October 10, in Juba, GOSS authorities arrested Nhial Bol,
editor of The Citizen, after he published an article regarding
corruption. On October 12, he was released on bail.
Internet Freedom.--The Government monitored Internet
communications, and the NISS read e-mail messages between private
citizens. Some Web sites deemed offensive to public morality were
blocked by the National Telecommunications Corporation, as were most
proxy servers. While there generally were no restrictions on access to
news and information Web sites, authorities briefly blocked access to
youtube.com. Internet access was generally available and widely used in
urban areas, but it was limited by lack of infrastructure outside of
cities.
Academic Freedom and Cultural Events.--The Government restricted
academic freedom. In public universities, the Government appointed the
vice chancellors, who were responsible for administering the
institutions. The Government also determined the curriculum. Some
universities required students to participate regularly in
progovernment rallies and other activities. Some professors exercised
self-censorship.
The Government frequently censored films, especially those imported
from the West, if they were deemed offensive to public morality.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Although the Interim National Constitution and law provide
for freedom of assembly, the Government severely restricted this right
in practice. The Government formally banned all rallies and public
demonstrations in the country, although this was not always enforced.
Islamic orders associated with opposition political parties,
particularly the Ansar (Umma Party) and Khatmiya (Democratic Unionist
Party), continued to be denied permission to hold large public
gatherings, but did hold regular opposition rallies on private
property. Government security agents occasionally attended opposition
political meetings, disrupted opposition rallies, and summoned
participants to security headquarters for questioning after political
meetings.
Police use of excessive force to disperse demonstrators resulted in
deaths and injuries.
On May 21, SAF soldiers shot student protestors, killing two and
injuring 15, at Ed Damazin SAF training camp.
On July 27, police killed two demonstrators in White Nile.
On November 17, police arrested approximately 70 demonstrators,
many of whom were journalists, during a protest against censorship. The
protesters were subsequently released.
Authorities took no action against security force members who used
excessive force.
In the south, on November 11, in Central Equatoria State, teachers
and students violently protested the nonpayment of teachers' salaries.
The UN reported that two student protestors were injured during clashes
with GOSS authorities, one of whom later died as a result of his
injuries.
Freedom of Association.--The Interim National Constitution and law
provide for freedom of association, but the Government severely
restricted this right in practice. Although there were 20 officially
registered political parties, the law effectively prohibits political
parties linked to armed opposition to the Government.
The Government continued to harass some opposition leaders who
spoke with foreign organizations or embassies.
The Government did not allow the Darfur Bar Association the right
to register as an NGO.
c. Freedom of Religion.--The Interim National Constitution and law
provide for freedom of worship throughout the country; however, the
Government continued to place restrictions on non-Muslims, non-Arab
Muslims, and Muslims from tribes or sects not affiliated with the
ruling party. The NCP, which originally came into power with a goal of
Islamization, treated Islam as the state religion, declaring that Islam
must inspire the country's laws, institutions, and policies.
Religious organizations, including churches, were subject to the
same restrictions placed on nonreligious corporations. Although the law
requires religious groups to register to be recognized or to assemble
legally, registration reportedly was no longer necessary, and churches,
including the Catholic Church, declined to register.
Blasphemy and defaming religion are punishable by imprisonment in
the north, although these restrictions were rarely enforced.
The Commission for the Rights of Non-Muslims in the National
Capital, a CPA mechanism for protecting religious freedom, issued
regular reports and recommendations to the Government.
The construction and use of houses of worship required government
approval. Three new churches in Khartoum were under construction during
the year.
Under the state-mandated curriculum, all schools in the north-
including private schools operated by Christian groups-are required to
teach Islamic education classes from preschool through university.
While the law permits non Muslims to convert to Islam, conversion
by a Muslim is punishable by death. Authorities occasionally subjected
converts to intense scrutiny, ostracism, or intimidation, or encouraged
them to leave the country; however, there were no reports of conversion
punished by death.
Foreign Christian religious workers, including priests and
teachers, experienced lengthy delays in obtaining visas.
The NISS routinely monitored religious activities at mosques and
churches.
Various governmental bodies have decreed that women must dress
modestly according to Islamic standards, including wearing a head
covering, and there were isolated instances in which police in the
north and south arrested women for their dress. However, women often
appeared in public wearing trousers or with their heads uncovered. In
Khartoum persons known as religious police, who were not government
officials, occasionally demanded that women pay on-the-spot fines for
violating Islamic standards.
In the south, Christians, Muslims, and followers of traditional
indigenous beliefs generally worshiped freely. The GOSS officially
favored secular government. Christians dominated the GOSS. Local
government authorities often had a close relationship with local
Christian religious leaders.
Societal Abuses and Discrimination.--Muslims in the north who
express an interest in Christianity or convert to Christianity faced
severe social pressure. Christians reported pressure on children in
school; some teachers and media characterized non-Muslims as
nonbelievers.
There were reports that some Muslims received preferential
treatment regarding limited government services, such as access to
medical care, and in court cases involving Muslim against non-Muslim.
Non-Arab Muslims and Muslims from tribes and sects not affiliated
with the ruling party, such as in Darfur and the Nuba Mountains, stated
that they were treated as second-class citizens and were discriminated
against in applying for government jobs and contracts in the north and
government-controlled southern areas.
The Jewish community remained small, and there were no reports of
anti-Semitic violence during the year; however, government officials
made anti-Semitic comments, and government-controlled newspapers
featured anti-Semitic caricatures.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The Interim National Constitution and
law provide for freedom of movement, foreign travel, emigration, and
repatriation, but the Government restricted these rights in practice.
While movement was generally unhindered for citizens outside
conflict areas, foreigners needed government permission for domestic
travel outside of Khartoum, which could be difficult to obtain and was
sometimes refused. Foreigners were required to register with the police
on entering the country, obtain permission to move more than 25
kilometers outside of Khartoum and from one city to another, and
reregister at each new location within three days of arrival. The GOSS
did not restrict the movement of foreigners in the south, and did not
require foreigners to register upon entry.
The Government continued to delay issuance of entry visas and work
or travel permits for Darfur and the Three Areas to foreign NGO staff.
The Government delayed issuing humanitarian and diplomatic visas, and
nationals of many countries encountered difficulties in obtaining visas
to work with NGOs.
In contrast to previous years, there were no reports that the
Government detained persons, particularly opposition political figures,
at the airport and prevented them from traveling, citing security
concerns.
The Government required citizens to obtain an exit visa to depart
the country. While the issuance of exit visas was usually pro forma and
not used to restrict citizens' travel, the Government did deny some
humanitarian workers exit visas.
Women cannot travel abroad without the permission of their husbands
or male guardians; however, this prohibition was not applied in the
south and was not strictly enforced for members of the NCP.
The law prohibits forced exile, and the Government did not use it.
Opposition leaders remained in self imposed exile throughout northern
Africa and Europe during the year.
Internally Displaced Persons.--In Darfur, approximately 2.7 million
civilians have been internally displaced since the conflict began in
2003. During the year approximately 315,000 civilians were displaced
within Darfur and to Chad. Many persons were displaced for the second
or third time during the year (See Section 1.g).
Since 2005 an estimated 2.1 million IDPs and refugees returned to
the south. Approximately 28,500 IDPs returned to their places of origin
and 62,000 refugees returned during the year either as a part of
organized or assisted returns. Fighting in Abyei, intertribal and
intercommunal fighting, and LRA attacks displaced persons during the
year (See Sections 1.a. and 1.g.)
Approximately 379,000 Sudanese refugees resided in neighboring
countries because of the conflicts in the south and Darfur. Some
250,000 refugees from Darfur were in Chad. Others were in countries
including Uganda, Kenya, Ethiopia, and Egypt.
There was a report that the Government destroyed thousands of homes
in an IDP settlement known as Mandela, located near Khartoum.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, but the
Government has not established a system for providing protection to
refugees. In practice the Government did not provide protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened.
The Government granted asylum to a large number of asylum seekers,
but there was no standard determination procedure or documentation.
Government officials reportedly were unresponsive to applications for
refugee status.
In previous years there were reports of abuses against Ethiopian
refugees, although there was no specific information on such actions
during the year.
The Government also provided temporary protection to individuals
who might not qualify as refugees under the 1951 convention and the
1967 protocol.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian assistance
organizations in assisting refugees and asylum seekers in some cases;
in others, the Government defied agreements and targeted refugees and
asylum seekers for abuse.
Child refugees did not receive free primary school education nor
were they treated as citizens as required by the 1951 convention.
Refugees were vulnerable to arbitrary arrests, harassment, and beatings
because applicants did not receive identification cards while awaiting
government determination of refugee status. Refugees could not become
resident aliens or citizens, regardless of their length of stay.
Refugees were not entitled to work permits.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Although the Interim National Constitution provides citizens the
right to change their government peacefully, the CPA established an
interim government; under the CPA, national elections are scheduled for
2009.
The Interim National Constitution provides for power sharing
nationwide between the NCP and the SPLM. The DPA, which was
incorporated into the interim constitution upon its signing, contains
provisions for power sharing and the inclusion of Darfuris at all
levels of government; however, the majority of the power-sharing
provisions in the DPA remained unimplemented at year's end.
The Interim National Constitution established a three-member
presidency to head the Government, consisting of a president, Omar
Hassan al-Bashir (NCP); a first vice President, Salva Kiir Mayardit
(SPLM), the president of the GOSS; and a vice president, Ali Osman Taha
(NCP), who was formerly the country's first vice president. The DPA
created a fourth ranking member in the presidency, a senior assistant
to the president, Minni Minawi, leader of the Darfur rebel group SLA/
Minawi. Minawi returned to his troops in Darfur in July, citing lack of
progress on DPA implementation, although he did not officially withdraw
from the GNU; he returned to his position in Khartoum by year's end.
A bicameral legislature is composed of the 450-member National
Assembly and 52-member Council of States. Legislative and cabinet
positions are allocated by a CPA-specified formula that reserves 52
percent of the positions for the NCP, 28 percent for the SPLM, 14
percent for northern opposition parties, including those from Darfur,
and 6 percent for southern opposition parties.
GNU members took office in 2005, and in October of that year Salva
Kiir Mayardit, the country's first vice president and president of the
GOSS, appointed the GOSS cabinet. At the same time, Kiir appointed
governors of the 10 states of Southern Sudan, and each southern state
also formed its legislative assembly with 48 members allocated
proportionally as stipulated in the CPA: 70 percent to the SPLM, 15
percent to the NCP, and 15 percent to other southern political groups.
Southern Sudan's legislative assembly approved an interim constitution
in 2005, which President Kiir signed in December of that year.
The DPA-mandated TDRA, headed by Minawi, and charged with
implementing the DPA and promoting coordination and cooperation among
the three Darfur states, was established in April 2007, but the
Government withheld 99 percent of its budget during the year.
Elections and Political Participation.--Presidential and
parliamentary elections were last held in 2000; they were marked by
serious irregularities, including official interference, electoral
fraud, insufficient opportunities for voters to register, and
inadequate election monitoring. All major opposition parties boycotted
the elections.
A national census, called for under the CPA to be held no later
than July 2007, was conducted from April 22 to May 6. The CPA states
that certain power sharing provisions of the agreement are to be
adjusted based on the census results. The presidency scheduled the
census for April 15 to 30, but it was further postponed until April 22
after the GOSS announced a delay due to concerns regarding the number
of IDPs from the south who remained in the north, the exclusion of
questions on ethnicity and religion, border demarcation, insecurity
along the north-south border, and unexpected and heavy rainfall.
According to the UN, the census was supported by most of the
population; however, the UN noted that Darfur IDPs in several camps
opposed the census and did not participate; areas in West Darfur and
Southern Darfur were not accessible due to insecurity; irregularities
occurred in Southern Kordofan due to a deputy governor's decree to
boycott; and insecurity and logistical problems limited access of
enumerators to certain areas in the south. The census results were
still pending at year's end.
On July 7, a new election law was signed, but opposition activists
from smaller political parties asserted that the law favored the NCP
and SPLM. On November 25, the national electoral commission was formed.
The law permits the existence of political parties, but prohibits
parties linked to armed opposition to the Government, and the
Government routinely denied permission for, or disrupted, gatherings
viewed as politically oriented. Security forces arrested, detained, and
abused political opponents. Unlike in 2007, there were no reports that
security forces raided the offices of political parties during the
year.
Women had the right to vote. There were approximately 70 women in
the 450-seat National Assembly, three national female state ministers,
and one female minister in the GNU. The GOSS agreed to set aside 25
percent of all government positions for women, although in practice
representation was far short of that goal. The DPA also includes
provisions to ensure the representation of women at all levels of
government; however, in practice, there were few women in government in
Darfur.
Government Corruption and Transparency.--The law does not provide
criminal penalties for official corruption, and the World Bank's 2008
Worldwide Governance Indicators reflected that corruption was a severe
problem. Government officials frequently engaged in corrupt practices.
The Government did not investigate officials suspected of corruption.
Government officials were not subject to financial disclosure laws.
There were no laws providing for public access to government
information, and the Government did not provide such access.
In Southern Sudan GOSS officials often engaged in corrupt practices
with impunity. Corruption was a problem in all branches of the GOSS.
The GOSS granted access to government information for citizens and
noncitizens, including foreign media.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government restricted and harassed domestic and international
human rights organizations.
Various local human rights groups were active in the country, but
they suffered from government harassment, particularly those groups
reporting on sexual violence. The Government was generally
uncooperative with and unresponsive to domestic human rights groups.
Members of local human rights organizations were subject to arrest and
detention. Local human rights organizations include the Khartoum Center
for Human Rights and the Sudan Development Organization.
The Government did not allow the Darfur Bar Association the right
to register as an NGO.
Humanitarian NGOs operating in Darfur continued to face
bureaucratic impediments to their work, especially in South Darfur
state. All NGOs must register with the HAC, the Government's entity for
regulating humanitarian efforts. In 2005 the HAC assumed a role in
hiring NGO national staff, which caused major delays in hiring new
staff for Darfur and resulted in some NGO selections not being
considered. During the year the HAC often changed its rules and
regulations without prior notification.
There were no developments in the 2007 case of more than 50 local
human rights NGOs suspended by the South Darfur HAC.
The Government continued to use bureaucratic impediments to
restrict the actions of humanitarian organizations, despite the March
2007 Joint Communique between the Government and the UN. Rebels and
other armed bandits abducted NGO workers and contractors, particularly
in Darfur. Banditry and armed robbery of humanitarian convoys by rebel
groups in Darfur was common.
The UN continued to investigate the humanitarian situation in
Darfur. The UNHCR and the UN special rapporteur on the situation of
human rights in Sudan visited the country during the year. The special
rapporteur was not permitted access to Northern State. The rapporteur
reported to the UN on conditions in the country and concluded that,
``Despite some steps by the Government of Sudan principally in the area
of law reform, the human rights situation on the ground remains grim,
with many interlocutors even reporting an overall deterioration in the
country.'' UNMIS deployed observers to Darfur to monitor and
investigate the human rights situation.
The Government's Advisory Council for Human Rights did not respond
to requests of international organizations for investigations into
human rights violations, and did not provide lists of detained
individuals to the international community.
In Southern Sudan, the South Sudan Council for Human Rights
operated somewhat independently. Its members were appointed by the
president of the GOSS. The council cooperated with international human
rights advocates and submitted regular reports and recommendations to
the GOSS.
In 2005 UN Security Council Resolution 1593 referred the situation
in Darfur to the prosecutor of the ICC. The same year the ICC chief
prosecutor opened an investigation into Darfur without the cooperation
of the Government, which refused to hand over any alleged perpetrators
associated with the conflict.
On November 20, the ICC prosecutor requested an arrest warrant for
three rebel commanders for war crimes pertaining to the 2007 attack on
African Union peacekeepers at Haskanita. On December 9, the ICC
Pretrial Chamber requested that the prosecutor submit additional
information pertaining to the request for a warrant.
On July 14, the ICC prosecutor requested an arrest warrant for
President Bashir for genocide, crimes against humanity, and war crimes
in Darfur. On October 15, the pretrial chamber requested that the
prosecutor submit additional information pertaining to the request for
a warrant, and the prosecutor did so in November.
In April 2007 the ICC Pretrial Chamber issued warrants of arrest
for Ahmad Muhammad Haroun, state minister for humanitarian affairs, and
Ali Muhammad Abd al-Rahman, also known as ``Ali Kushayb,'' a janjaweed
militia commander, for the commission of war crimes and crimes against
humanity in Darfur. In September government officials announced they
arrested Kushayb, but human rights advocates indicated that the
information was not correct. Kushayb's whereabouts were unknown at the
end of the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The Interim National Constitution prohibits discrimination based on
race and gender, but the Government did not effectively enforce these
provisions. The law does not address discrimination based on
disability, language, or social status.
Women.--The punishment for rape under the law varies from 100
lashes to 10 years' imprisonment to death; however, the Government did
not effectively enforce these provisions. In most rape cases
convictions were not publicized; however, observers believed that
sentences often were less than the legal maximum. Spousal rape is not
addressed in the law. There was no information available on the total
number of persons who were prosecuted, convicted, or punished for rape.
Rape of women and girls throughout the country, including
systematic rape in Darfur, continued to be a serious problem (See
Section 1.g.). Authorities often obstructed access to justice for rape
victims, and during the year only one person was convicted of rape in
Darfur.
Many victims did not report their cases either to family or
authorities for fear they would be punished or arrested for ``illegal
pregnancy.'' The police arrested unmarried pregnant women who claimed
to have been raped. Unless a rape victim could provide proof of the
crime, she could be charged with the capital offense of adultery.
The law does not specifically prohibit domestic violence. Violence,
including spousal abuse, against women was common, although there were
no reliable statistics on its prevalence. Women who filed claims were
subjected to accusations of lying or spreading false information,
harassment, or detention, which made many women reluctant to file
formal complaints, although such abuse constituted grounds for divorce.
The police normally did not intervene in domestic disputes. Statistics
on the number of abusers prosecuted, convicted, or punished were not
available. Prostitution is illegal but widespread throughout the
country.
While no law specifically prohibits sexual harassment, the law does
prohibit gross indecency, which is defined as any act contrary to
another person's modesty. The penalty for gross indecency is
imprisonment of up to one year and 40 lashes. Harassment reportedly
occurred, although reliable statistics were not available. There were
frequent reports of sexual harassment by police in Darfur and
elsewhere.
Some aspects of the law discriminated against women, including many
traditional legal practices and certain provisions of Shari'a as
interpreted and applied by the Government. In accordance with Shari'a,
a Muslim widow inherits one-eighth of her husband's estate; of the
remaining seven eighths, two-thirds goes to the sons and one-third to
the daughters. It is much easier for men than for women to initiate
legal divorce proceedings.
A Muslim woman cannot legally marry a non-Muslim unless he converts
to Islam. This prohibition usually was neither observed nor enforced in
areas of the south or among Nubans (most of whom were Muslim).
Traditional or customary courts in the south routinely imprisoned
women for lengthy pretrial detention on allegations of adultery.
Women cannot travel abroad without the permission of their husbands
or male guardians; however, this prohibition was not enforced strictly.
To obtain an exit visa, children must receive the permission of
their father or a paternal uncle. Women cannot apply for exit visas for
their children.
Various governmental bodies have decreed that women must dress
modestly according to Islamic standards, including wearing a head
covering, and there were isolated instances in which police in the
north and south arrested women for their dress. However, women often
appeared in public wearing trousers or with their heads uncovered. In
Khartoum, persons known as religious police, who were not government
officials, occasionally demanded that women pay on-the-spot fines for
violating Islamic standards.
Women experienced economic discrimination in access to employment,
credit, and pay for substantially similar work, and owning or managing
businesses.
Women were accepted in professional roles; more than half the
professors at Khartoum University were women.
Children.--The Government was somewhat committed to children's
rights and welfare, but there were great disparities by region. The
Government cooperated with UNICEF on the issues of child health, FGM,
and child soldiers; however, significant problems continued.
The Government did not register all births immediately.
The law provides for free basic education up to eighth grade;
however, students often had to pay school, uniform, and exam fees. In
the north the primary school enrollment rate was approximately 68
percent in 2005. Boys and girls generally had equal access to primary
education, although girls were more affected by early marriage and the
fact that many families with restricted income chose to send sons and
not daughters to school. In Darfur information on enrollment rates was
unavailable, but few children outside of cities had access to primary
education. Primary school enrollment in the south tripled since 2005,
according to UNICEF; however, lack of schools remained a serious
problem in the south, and girls in the south did not have equal access
to education.
In 2005 UNICEF reported that in Southern Sudan, which has an
estimated population of seven million, only approximately 500 girls
completed primary school each year; the primary school completion rate
for girls was estimated at 1 percent.
Many children were abused, abducted, or used as slaves. Child labor
remained a problem.
Female genital mutilation (FGM) remained widespread, particularly
in the north, where a 2005 UNICEF estimate put prevalence at 90
percent. The law does not prohibit FGM. While a growing number of
urban, educated families no longer practiced FGM, there were reports
that the prevalence of FGM in Darfur had increased as persons moved to
cities. The Government actively campaigned against it. Several NGOs
worked to eradicate FGM.
The law establishes the legal age of marriage as 10 for girls and
15 or puberty for boys. There were no reliable statistics on the extent
of child marriage, but child marriage was a problem.
Child prostitution, trafficking of children, and sexual abuse of
children remained problems, particularly in the south. Children engaged
in prostitution for survival, usually without third-party involvement.
Children were used as soldiers in armed groups (See Section 1.g.).
Internally displaced children often lacked access to government
services such as education.
The Government operated ``reformation camps'' for vagrant children.
Police typically sent homeless children who had committed crimes to
these camps, where they were detained for indefinite periods. Health
care and schooling at the camps generally were poor, and basic living
conditions often were primitive. All of the children in the camps,
including non Muslims, must study the Koran, and there was pressure on
non Muslims to convert to Islam.
Trafficking in Persons.--The law does not prohibit all forms of
trafficking in persons, but does prohibit abduction, luring, and forced
labor. The Interim National Constitution prohibits slavery. The State
of Emergency Law prohibits all forms of sexual exploitation, and
penalties include fines and imprisonment. However, internal trafficking
for the purposes of forced labor, sexual exploitation, and domestic
servitude occurred. Women and girls were also possibly trafficked to
Middle Eastern countries for domestic servitude. Ethiopian women were
trafficked to and through the country for domestic servitude. In the
south, intertribal abduction of women and children continued.
There were no informed estimates on the extent of trafficking.
Government and other armed groups continued to recruit child
soldiers (See Section 1.g.).
The LRA, which used child soldiers, continued to operate in the
south despite its 2006 signing of an agreement to cease hostilities.
The LRA abducted adults and children in the south.
In contrast to previous years, there were no reports of children
being trafficked for use as camel jockeys.
A report by the Darfur Consortium documented several cases from
2003 to 2007 in which the janjaweed abducted persons for varying
lengths of time, and raped or used them for forced labor. The report
also cites other such incidents involving the SAF and the PDF.
Intertribal abductions of women and children continued in the
south. Victims frequently became part of the new tribe, with most women
marrying into, or being forcibly married into, the new tribe; however,
other victims were used for labor or sexual purposes.
The Government's Committee to Eradicate the Abduction of Women and
Children (CEAWC) and its 22 joint tribal committees investigated a
limited number of abduction cases involving Dinkas abducted by the
Misseriya and Rezeigat tribes that dated back to the 1980s and 1990s,
and repatriated 228 individuals to their home regions during the year.
However, there were problems with the return process, including the
insufficient provision of food, water, shelter, and reintegration
services to the released abductees; these problems were not resolved by
year's end. The Government acknowledged that abductions occurred and
that abductees were sometimes forced into domestic servitude and sexual
exploitation.
In 2007 the Governments of Sudan and the United Arab Emirates (UAE)
signed an agreement establishing claims facilities to compensate former
Sudanese child camel jockeys for their injuries. UNICEF and the
Government's National Council for Child Welfare estimated that 219
former child camel jockeys were repatriated from the UAE during the
year, and the Government began compensation programs for them. A police
task force assisted in repatriation efforts.
There were no prosecutions of trafficking cases during the year.
The Government conducted antitrafficking public information and
education campaigns at the national, state, and local levels.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--While the law does not specifically
prohibit discrimination against persons with disabilities, it does
stipulate that ``the state shall guarantee to persons with special
needs the enjoyment of all the rights and freedoms set out in the
constitution, access to suitable education, employment, and full
participation in society.'' The Government has not enacted laws or
implemented effective programs to ensure access to buildings for
persons with disabilities. Credible sources noted that prisoners with
mental disabilities were chained 24 hours per day, and mentally
disabled prisoners were not exempted from trial.
National/Racial/Ethnic Minorities.--The population is a multiethnic
mix of more than 500 Arab and African tribes with numerous languages
and dialects. Northern Muslims traditionally dominated the Government.
Interethnic fighting in Darfur was between Muslims who consider
themselves either Arab or non-Arab (See Section 1.g.). Interethnic and
intercommunal fighting in the south continued (See Section 1.g.).
The Muslim majority and the Government continued to discriminate
against ethnic minorities in almost every aspect of society in the
north. Citizens in Arabic speaking areas who did not speak Arabic
experienced discrimination in education, employment, and other areas.
There also were reports of discrimination against Arabs and Muslims by
individuals in the Christian-dominated south.
Other Societal Abuses and Discrimination.--The law prohibits
homosexuality, but there were no reports of persons being prosecuted on
the charge. Societal, but not official, discrimination existed against
homosexuals.
There were no reports of societal violence or discrimination based
on HIV/AIDS status.
Incitement to Acts of Discrimination.--The Government and
government supported militias actively promoted hatred and
discrimination, using standard propaganda techniques to incite tribal
violence. Credible sources noted that the Government supported one
tribe over another, arming certain tribal militias against other
tribes.
Section 6. Worker Rights
a. The Right of Association.--Although the law provides for the
right of association for economic and trade union purposes, the
Government denied this right in practice. The Trade Union Act
established a trade union monopoly under the Government. Only the
Government-controlled Sudan Workers Trade Union Federation, which
consists of 25 state unions and 22 industry unions, can function
legally; all other unions were banned.
Strikes were considered illegal unless the Government granted
approval, which has never occurred. In most cases employees who tried
to strike were subject to employment termination; however, workers went
on strike during the year and were not terminated.
b. The Right to Organize and Bargain Collectively.--The law denies
trade unions autonomy to exercise the right to organize or to bargain
collectively. The law defines the objectives, terms of office, scope of
activities, and organizational structures and alliances for labor
unions. The Government's auditor general supervised union funds because
they were considered public money.
There were credible reports that the Government routinely
intervened to manipulate professional, trade union, and student union
elections.
Specialized labor courts adjudicated standard labor disputes, but
the Ministry of Labor has the authority to refer a dispute to
compulsory arbitration.
The law does not prohibit antiunion discrimination by employers.
There is one export processing zone, in Port Sudan, and it is
exempt from regular labor laws.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, such
practices continued.
Abduction, forced labor, and sexual slavery of women and children
continued.
Although the Government continued to deny that slavery and forced
labor existed in the country, CEAWC acknowledged that abductions had
occurred in the 1980s and 1990s, and that not all abductees had since
been freed.
The forcible recruitment of persons into armed groups continued
(See Section 1.g.).
Forced prison labor was used for the construction of private
residences for SPLM officials.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Although mandated by the Interim National Constitution to protect
children from exploitation, the Government did not effectively do so,
and child labor was a serious problem. The legal minimum age for
workers was 18 years, but the law was not enforced in practice. Child
labor in the agricultural sector was common. Children were engaged in
shining shoes, washing cars, street vending, begging, herding animals,
construction, and other menial labor.
The use of child soldiers, child trafficking, and child
prostitution were problems (See Sections 1.g. and 4).
The Ministry of Social Welfare, Women, and Child Affairs has
responsibility for enforcing child labor laws; however, enforcement was
ineffective.
In the south, child labor laws were rarely enforced.
e. Acceptable Conditions of Work.--The minimum wage was 124
Sudanese pounds (approximately $62) per month, which did not provide a
worker and family a decent standard of living. The Ministry of Labor,
which maintained field offices in most major cities, was responsible
for enforcing the minimum wage, which employers generally respected.
Due to a lack of capacity and difficulties in establishing the new
government in the south, civil service workers, including teachers,
often worked for long periods without getting paid.
The law, which was generally respected, limits the workweek to 40
hours (five eight-hour days), with days of rest on Friday and Saturday.
Overtime should not exceed 12 hours per week or four hours per day.
There was no prohibition on excessive compulsory overtime.
Although the laws prescribe health and safety standards, working
conditions generally were poor, and enforcement by the Ministry of
Labor was minimal. The right of workers to remove themselves from
dangerous work situations without loss of employment is not recognized.
In the south, the Ministry of Labor and Public Services is
responsible for monitoring health and safety standards for workers;
however, it did not do so effectively.
__________
SWAZILAND
Swaziland is an absolute monarchy, and King Mswati III has ultimate
authority over the cabinet, legislature, and judiciary. The population
was approximately 1.02 million, according to the 2007 census. There was
a prime minister and a partially elected parliament, but political
power remained largely with the King and his traditional advisors, the
most influential of whom remained the queen mother. International
observers concluded that parliamentary elections held on September 19
did not meet international standards. A bombing the same day at a
bridge close to the king's palace resulted in rapid implementation of a
June law to silence dissent and ban certain political organizations.
While civilian authorities generally maintained effective control of
the security forces, there were some instances in which elements of the
security forces committed abuses.
Government agents continued to commit or condone serious abuses,
and the human rights situation in the country deteriorated. Human
rights problems included inability of citizens to change their
government; extrajudicial killings by security forces; mob killings;
police use of torture, beatings, and excessive force on detainees;
police impunity; arbitrary arrests and lengthy pretrial detention;
arbitrary interference with privacy and home; restrictions on freedoms
of speech and press and harassment of journalists; restrictions on
freedoms of assembly, association, and movement; prohibitions on
political activity and harassment of political activists;
discrimination and violence against women; child abuse; trafficking in
persons; societal discrimination against mixed race and white citizens;
and harassment of labor leaders, restrictions on worker rights, and
child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government and
its agents did not commit any politically motivated killings; however,
security forces committed extrajudicial killings and were responsible
for a number of deaths during apprehension. No action was taken against
security force members responsible for such deaths.
On January 12, in Mbabane, a Royal Swaziland Police Service (RSPS)
officer shot and killed a man who allegedly broke into a store and
resisted arrest.
On March 1, in Nhlango, an Umbutfo Swaziland Defense Force (USDF)
soldier patrolling the border shot and killed an alleged car smuggler.
In a separate incident on April 16, a soldier in Nhlangano shot and
killed another suspected car smuggler.
On August 8, Nick Reilly, the general manager of Mkhaya Private
Game Reserve, went to the home of Musa Gamedze, who he then shot and
killed; Reilly was accompanied by three plainclothes RSPS officers.
Although Gamedze was unarmed and there was no evidence of poaching on
his person or at his home, police claimed that Gamedze was wanted in
connection with several cases of stock theft and violations of the Game
Act; the law permits rangers to shoot and kill poachers if caught in
the act. No investigation into the incident had been conducted by
year's end.
No known investigation was conducted nor was action taken in the
following 2007 security force killings: the April RSPS killing of four
suspected thieves; the August RSPS killing of a man suspected of
killing a police officer; and the August USDF killing of an alleged car
smuggler.
No known action was taken against security forces responsible for
arbitrary killings in 2006.
During the year there were reports of killings by community police,
volunteers with arrest authority under the supervision of a chief. For
example, on July 14, Mbhuleni community police beat to death University
of Swaziland student Jabulani Motsa for allegedly stealing oranges,
apples, and cell phones. An investigation was ongoing at year's end.
There were numerous reports of mob killings during the year. On
February 12, the Times of Swaziland newspaper reported that a mob
forced Tikhuba resident Gideon Gamedze to drink poison, then beat and
strangled him to death for suspected involvement in cattle theft. On
November 13, a mob beat to death suspected rapist Mkhululeki Ndlela,
who was later exonerated by the alleged rape victim. No persons were
arrested in either case.
On August 10, the RSPS arrested Themba Dlamini and Ncamiso Simelane
for participating in a mob that beat to death suspected burglar
Mpostoli Nkambule.
No action was taken against persons who participated in 2007 or
2006 mob killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however, the
provision prohibiting law enforcement officials from engaging in
torture is located in the ``policy'' section of the constitution and is
not enforceable in any court or tribunal. The law does not specifically
prohibit such practices. Security officials who engage in such
practices may be punished, but no punishments were reported during the
year. There were reports that government officials sometimes used
torture during interrogation, assaulted citizens, and used excessive
force in carrying out their duties. Reports surfaced during the year
that police continued to use the ``tube'' style of interrogation, in
which police temporarily suffocated suspects by putting a rubber tube
around the suspect's face and mouth.
Police forcibly dispersed demonstrators and strikers, resulting in
numerous injuries (See Sections 2.b. and 6.a.).
In a May 15 court appearance in Mbabane, four young men arrested
for theft in December 2007 alleged that the police ``tubed'' them, beat
them with a hammer and other objects, and threatened to kill them in
the bush. All four men were subsequently convicted. Authorities had not
responded to inquiries regarding alleged police abuse, and no known
investigation had been conducted by year's end.
In a May 26 court appearance, Sibusiso Sitsebe alleged that police
beat and tried to suffocate him to force a confession after his
November 2007 arrest for theft. Authorities had not responded to
inquiries regarding alleged police abuse, and no known investigation
had been conducted by year's end.
Despite numerous requests from civic organizations, the
investigative report on the alleged 2005 torture of 17 political
organization members had not been released by year's end; the report
was submitted to the Prime Minister's Office in September 2007.
No actions were taken, nor were any expected, against security
force members responsible for abuse in 2007 or 2006.
There were credible reports of excessive force by community police
during the year. On January 3, the Swazi Times newspaper reported that
Mbhuleni community police officers severely whipped a young woman
suspected of assisting in abortions.
On April 22, Mbhuleni community police chained, beat, and detained
Mangaliso Mazibuko and a 16-year-old girl for more than five hours
before handing them over to the RSPS. Mazibuko had allegedly resisted
arrest and stabbed a community police officer who tried to intervene;
the 16-year-old girl had been reported missing by her family.
On August 11, a Mahwalala community police officer beat five
homeless children after he discovered they had slept in his car during
the night.
On September 5, in Mbhuleni, a mob that included community police
officers forcibly entered a house and beat unconscious Sifiso Vilakati,
whose legs were both fractured.
No action was taken against community police who abused persons in
2007 and 2006.
Mob violence resulted in injuries. For example, on January 30, a
mob in Manzini severely beat Nhlanhla Motsa, who was seen loitering in
the neighborhood, for suspected burglary. On February 19, a mob in
Manzini assaulted a man for the suspected rape of a female student at
Ngwane Park High School.
No action was taken against persons who participated in 2007 or
2006 mob violence.
Prison and Detention Center Conditions.--Government prisons and
detention centers remained overcrowded, and conditions generally were
poor. According to the 2006-07 annual report, there were 2,829
prisoners in 12 correctional centers. Prison guards tortured and abused
prisoners. The Swaziland Coalition of Concerned Civic Organizations
reported that physical punishment of prisoners and detainees was an
accepted part of the culture and not viewed as a human rights problem.
Rape and consensual sex between prisoners contributed to the spread
of HIV/AIDS, although prevention programs have been introduced in
correctional facilities. There are medical clinics in correctional
facilities, and prisoners are offered free HIV/AIDS testing,
counseling, and antiretroviral treatment.
In Mawelawela, the country's only female detention facility,
detainees were not held separately from convicts, and several children
lived with their mothers in the facility. Female juveniles were also
held in the women's correctional facility, although they slept in
different quarters within the facility.
During the year the Government refused requests by religious
leaders, labor union leaders, and a foreign embassy to visit political
prisoner Mario Masuku (See Section 1.e.).
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, police arbitrarily
arrested and detained numerous persons, primarily under the Suppression
of Terrorism Act passed during the year.
Role of the Police and Security Apparatus.--The King is the
commander in chief and also holds the position of minister of defense.
He presides over a civilian principal secretary of defense and a
commanding general.
The RSPS is responsible for maintaining internal security. The USDF
is responsible for external security but also has limited domestic
security responsibilities. The RSPS is under the authority of the prime
minister, while the USDF reports to the defense minister. The principal
secretary of defense and the army commander are responsible for day-to-
day USDF operations. The RSPS and the USDF were generally professional,
despite inadequate resources and bureaucratic inefficiency; however,
both forces were susceptible to political pressure and corruption. The
Government generally failed to prosecute or otherwise discipline
security officers accused of abuses. No independent body had the
authority to investigate police abuses. An internal RSPS complaints and
discipline unit investigated reports of police abuse but did not
release results to the public. There were no reports of government
action to reform the RSPS, although a number of officers attended
training programs outside the country.
Traditional chiefs supervise volunteer rural ``community police,''
who have the authority to arrest suspects and bring them before an
inner council within the chiefdom for trial. Cases of serious crimes
were handed over to the RSPS for further investigation.
Arrest and Detention.--The law requires warrants for arrests,
except when police observe a crime being committed or believe that a
person is about to commit a crime. Detainees may consult with a lawyer
of their choice, but the Government pays for defense counsel only in
cases in which the potential penalty is death or life imprisonment.
Detainees must be charged with the violation of a statute within a
reasonable time, usually 48 hours or, in remote areas, as soon as the
judicial officer appears; however, arresting authorities did not always
present detainees within that period. In general, detainees were
promptly informed of the charges against them, and their families had
access to them. There is a functioning bail system, and suspects can
request bail at their first appearance in court except in cases of
murder and rape.
Police arbitrarily detained journalists, opposition members, trade
union leaders, strikers, and demonstrators, one of whom was charged
under the Suppression of Terrorism Act passed during the year (See
Sections 1.e., 2.a., 2.b., 3, and 6.a.).
Lengthy pretrial detention was common. In 2007 the International
Centre for Prison Studies found that 31 percent of the prison
population were pretrial detainees. Judicial inefficiency and staff
shortages contributed to the problem, as did the police practice of
prolonging detention to collect evidence and to prevent detainees from
influencing witnesses. In some cases persons were exonerated after
years of repeated remands requested by police.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the King. on recommendation of
the Judicial Services Commission, appoints the judiciary, limiting
judicial independence. Judicial powers are vested in two systems: one
based on Roman-Dutch law, and the other based on a system of
traditional courts that follows traditional law and custom. The Roman-
Dutch judiciary consists of the Supreme Court, the High Court, and
magistrate courts.
The Supreme Court, which is composed entirely of foreign-born
judges, primarily South African, has appellate and supervisory
jurisdiction over the High Court and magistrate courts. Some observers
believed foreign justices increased the judiciary's credibility and
independence, while others believed that reliance on foreign
professionals undermined the development of a strong national base of
professional justices. Neither the Supreme Court nor the High Court,
which interprets the constitution, has jurisdiction in matters
concerning the office of the King or queen mother, the regency,
chieftancies, the Swazi National Council, or the traditional
``regiments'' system, as these are governed by national law and custom.
Most citizens who encountered the legal system did so through the
13 traditional courts. Each has a president appointed by the King.
Authorities may bring citizens to these courts for minor offenses and
violations of traditional law and custom.
The public prosecutor has the legal authority to determine which
court should hear a case, but in practice police usually made the
determination. Persons convicted in the traditional courts may appeal
to the High Court. Prolonged delays during trials in the magistrate
courts and High Court were common.
Military courts are not allowed to try civilians.
Trial Procedures.--The constitution provides for the right to a
fair public trial except when exclusion of the public is necessary in
the ``interests of defense, public safety, public order, justice,
public morality, the welfare of persons under the age of 18 years, or
the protection of the private lives of the persons concerned in the
proceedings,'' and the judiciary generally enforced this right in
practice. Defendants enjoy a presumption of innocence, but juries are
not used. Court-appointed counsel is provided at government expense in
capital cases or if the crime is punishable by life imprisonment.
Otherwise, defendants in superior and magistrate courts are entitled to
hire counsel at their own expense. Defendants can question witnesses
against them and present witnesses on their own behalf. Defendants and
their attorneys have access to relevant government-held evidence,
generally obtained during pretrial consultations with the public
prosecutor's office. Defendants and prosecutors have the right of
appeal, up to the Supreme Court.
The traditional courts serve the chiefs, who are appointed by the
King. and have limited civil and criminal jurisdiction. They are
authorized to impose fines of up to 100 emalangeni ($11) and prison
sentences of up to 12 months. Traditional courts are empowered to
administer customary law only ``insofar as it is not repugnant to
natural justice or morality'' or inconsistent with the provisions of
any civil law in force; however, some traditional laws and practices
violated civil laws and international treaties signed by the country,
particularly those involving women's and children's rights. Defendants
in traditional courts are not permitted formal legal counsel but may
speak on their own behalf, call witnesses, and be assisted by informal
advisors. Sentences are subject to review by traditional authorities
and can be appealed to the High Court.
Political Prisoners and Detainees.--Mario Musuku, the leader of the
People's United Democratic Movement of Swaziland (PUDEMO), became the
country's sole political prisoner when he was arrested on November 15
under the Suppression of Terrorism Act (See Section 2.b.); the attorney
general claimed it had evidence that Masuku met its legal definition of
a terrorist. When police were unable to find weapons-making literature
in Masuku's possession, the Government on November 17 charged Masuku
with unlawfully and knowingly supporting a terrorist act, citing
``utterings'' Masuku allegedly made at the funeral of one of the
alleged September bombers, who was killed when the explosive planted
near the king's palace detonated prematurely. In December Masuku was
also charged with sedition. Masuku, who refused bail, remained in
detention awaiting trial at year's end. As a result of international
attention to the case, the Government allowed Masuku to receive medical
visits. However, the Government denied visits requested by members of
PUDEMO, friends of Masuku, foreign diplomats, and religious leaders,
claiming that the denials were for Masuku's protection.
Civil Judicial Procedures and Remedies.--The judiciary, which has
limited independence, tries civil as well as criminal cases, including
suits for damages against government agents.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions except
``in the interest of defense, public safety, public order, public
morality, public health, town and country planning, use of mineral
resources, and development of land in the public benefi.''; however,
the Government did not always respect these prohibitions and broadly
construed exceptions to the law. The law requires police to obtain a
warrant from a magistrate before searching homes or other premises;
however, police officers with the rank of subinspector or higher have
the authority to conduct a search without a warrant if they believe
that evidence might be lost.
Following the January 17 forcible dispersion of University of
Swaziland demonstrators, police forcefully entered nearby homes and
assaulted the occupants in an attempt to locate fleeing students,
according to media reports and Thembeka Simelane, who filed a lawsuit
claiming damages (See Section 2.b.).
During the year the army conducted random checks in homes and set
up roadblocks.
Police conducted physical surveillance of members of labor unions,
political groups, religious groups, and others.
In August, for example, police instructed a youth group conducting
civic education classes in the Big Bend area that the classes would be
discontinued unless the group allowed police to conduct surveillance of
its activities.
On November 28, police told representatives of the Council of
Swaziland Churches that they could not meet with foreign diplomats
unless police were allowed to attend, allegedly for the protection of
the diplomats; the council had invited the local diplomatic community
to a forum to discuss human rights in the country.
On December 3, plainclothes officers threatened to disrupt a Media
Institute for Southern Africa training workshop if they were not
allowed to monitor it.
While the constitution recognizes that chieftancies were usually
hereditary positions, it also states that the King ``can appoint any
person to be chief over any area.'' As a result, many chieftaincies
were nonhereditary appointments, which provoked land disputes,
especially at the time of burials. A High Court ruling in one case
upheld the right of a family to bury a former chief on traditional
land, which had been opposed by the chief appointed by the King for
five years while the body lay in the morgue.
On November 14, the Government issued an official declaration
designating PUDEMO, the Swaziland Solidarity Network (SSN), Swaziland
Youth Congress (SWAYOCO), and the Swaziland People's Liberation Army
(UMBANE) as ``specified entities'' under the Suppression of Terrorism
Act passed on June 19. Persons who abetted, aided, sympathized with,
sheltered, or provided logistical support to these organizations were
subject to arrest and prison terms of 25 years to life.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, but the King may waive these rights
at his discretion, and the Government restricted these rights during
the year. Publishing criticism of the monarchy is banned, and the law
empowers the Government to ban publications if they are deemed
``prejudicial or potentially prejudicial to the interests of defense,
public safety, public order, public morality, or public health.'' Most
journalists practiced self-censorship.
The King may suspend the constitutional right to free expression at
his discretion, and the Government severely restricted freedom of
expression, especially regarding political issues or the royal family.
During the year the attorney general and the prime minister warned
journalists and diplomats against making statements that could be
interpreted as seditious. After the November 15 arrest of PUDEMO leader
Masuku, several civic organizations, including the Council of Swaziland
Churches and the Law Society, published notices in daily papers
alerting the King to their concern about the ``selective implementation
of the country's constitution.''
There were two daily newspapers, the independent Times of Swaziland
and the Swazi Observer, which was owned by the king's investment
company, Tibiyo Taka Ngwane. Both newspapers continued to criticize
government corruption and inefficiency but generally steered clear of
the royal family. The Ministry of Public Service and Information
periodically published Swaziland Today newspaper. Private companies and
church groups owned several newsletters and magazines.
Journalists were threatened, harassed, assaulted, and detained
during the year, particularly after Attorney General Majahenkhaba
Dlamini warned on November 17 that journalists who criticized the
Government could be viewed as supporting terrorists and arrested under
the Suppression of Terrorism Act (See Section 2.b.).
Journalists received anonymous telephone calls advising them not to
pursue particular stories, and many of them complied, according to a
July 4 Media Institute of Southern Africa report.
On June 14, traditional governor Jim Gama harshly criticized the
print media for negative reporting on a national gathering called by
the King.
In August USDF soldiers assaulted a Times newspaper team and seized
their cameras; the journalists were at the airport to cover the return
of nine of the king's wives and their entourage from a lavish shopping
spree abroad. No action was taken against the soldiers.
On September 18, police searched and harassed freelance journalist
Lunga Masuku and Times newspaper reporter Peter Mavuso, who were
covering a labor demonstration aimed at blocking the movement of goods
between Swaziland and South Africa (See Section 2.b.). Police also
threatened to delete photos from the camera of the Times journalist.
After a verbal confrontation, the officers allowed the journalists to
carry on with their duties.
On December 16, police officers detained two freelance journalists
for six hours after raiding the location where they were meeting an
informant. The police repeatedly slapped the journalists and broke
their equipment. No investigation of the incident had been conducted by
year's end.
In July 2007 parliament investigated charges of contempt against
Times newspaper editor Mbongeni Mbino, who criticized Speaker of the
House Prince Guduza in a July 2007 editorial; Mbingo was cleared of the
charges in October 2007.
Former prime minister Absalom Themba Dlamini hosted monthly media
breakfasts for journalists of both Times and Observer newspapers and
broadcast media; however, the Government generally restricted media
content, especially on government television and radio, and limited
access to information.
At an August 27 press conference, a government official instructed
journalists in the questions they were permitted to ask the King.
In June 2007 the minister of health and social welfare barred
journalists from government hospitals and banned government hospital
staff from talking to the media following an article in the Times
newspaper that attributed the death of a four-year-old girl with rabies
to the hospital's inadequate supply of drugs.
Harsh defamation laws were used to stifle the press. On March 18,
Speaker of the House Guduza, brother to the King. sued the Times
newspaper for two million emalangeni ($212,800) for articles it
published about his involvement with a company that allegedly illegally
imported cigarettes worth 17 million emalangeni (approximately $1.8
million) into the country. The case had not gone to trial by year's
end.
On February 7, the High Court awarded Member of Parliament (MP)
Marwick Khumalo a default judgment of 120,000 emalangeni ($12,766); in
July 2007 Khumalo had sued Bheki Makhubu, the editor of the private
Nation magazine, for defamation after Makhubu wrote an article accusing
Khumalo of corruption. However, on February 22, the High Court granted
the Nation magazine an order for stay of execution, and the case
remained pending at year's end.
The March 2007 defamation suit filed by MP Maqhawe Mavuso against
the Swazi Observer newspaper remained pending at year's end; the
Observer had included Mavuso's name in an article about an alleged
assault.
There was one government-owned radio station and one independent
radio station that broadcast religious programs. There was a privately
owned television station; however, the owner's mother was a daughter of
the previous King. Sobhuza II, and the station's reporting favored the
monarchy. The Government-owned Swaziland Television Authority and radio
stations were the most influential media in reaching the public,
although neither generally broadcast coverage of antigovernment
demonstrations, such as the women's march against a foreign shopping
spree by most of the king's wives and children. Government broadcast
facilities retransmitted some Voice of America and BBC news programs in
their entirety.
Consumers freely purchased and used satellite dishes to receive
signals and programming from independent South African and other
international service providers.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chatrooms. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail. Internet
cafes existed in larger urban areas, but most citizens lived in rural
areas, and only 3.5 percent of residents had daily access to the
Internet. A single Internet provider held a government-approved
monopoly.
Academic Freedom and Cultural Events.--Restrictions on political
gatherings and the practice of self-censorship restricted academic
freedom by limiting academic meetings, writings, and discussion on
political topics. There were no government restrictions on cultural
events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
the Government severely restricted this right during the year. The law
requires police consent to hold political meetings, marches, or
demonstrations in a public place. Authorities withheld permission to
hold some meetings sponsored by groups such as the Congress of South
Africa Trade Unions on grounds that they were not in the national
interest or would ``compromise peace, security and stability of the
country.''
In early September the Government attempted to ban demonstrations
in Mbabane and Manzini; however, more than 10,000 demonstrators marched
to demand political reform.
On October 13, the Government banned the Southern African Social
Forum (SASF) from holding its annual meeting in Manzini, citing public
safety; the Government charged that participating labor groups had
approved of the September bombings. On October 15, the High Court ruled
that the ban was unconstitutional, and the SASF held the conference,
although attendance was low due to confusion by foreign delegates over
the Government's original restriction and the reluctance of local
groups to attend a function officially disallowed by their political
leaders.
Police arrested union members and forcibly dispersed thousands of
workers conducting legal strikes during the year (See Section 6.a.).
Police attacked and forcibly dispersed demonstrators, many of whom
were injured. No action was taken against police who used excessive
force on demonstrators.
For example, on January 17, police dispersed University of
Swaziland demonstrators with batons, rubber bullets, and tear gas,
according to media reports; numerous students were injured, including
one person who was shot. Police also forcefully entered nearby homes
and assaulted occupants (See Section 1.f.).
On September 18, in Shiselweni, police beat and used tear gas on
textile workers who were attempting to blockade the border with South
Africa to demonstrate for political reform. Since most imports come
from South Africa, demonstrators hoped that an effective boycott on the
day before national elections would highlight their grievances with the
Government. Police prevented protestors from nearing the four key
border posts with South Africa and detained labor leaders (See Section
6.a.). Prime Minister Dlamini called ``unacceptable'' the exercise of
the right to protest by disrupting the free flow of goods and services.
No action was taken against security forces that forcibly dispersed
demonstrations in 2007 and 2006.
Freedom of Association.--The constitution provides for freedom of
association, but the Government severely restricted this right during
the year. The constitution does not address the formation or role of
political parties, and a 2006 High Court appeal to the 1973 ban on
political parties had not been heard by year's end. However, in a
September affidavit, the former prime minister reiterated that
political parties were banned, and on November 14, Prime Minister
Dlamini issued an official declaration designating PUDEMO, SSN,
SWAYOCO, and UMBANE as ``specified entities'' under the Suppression of
Terrorism Act. The act, which was implemented following the September
19 detonation of a bomb near King Mswati's palace, provides that
persons or groups found associating with any of the four illegal groups
can be sentenced to prison terms of 25 years to life. According to the
attorney general, persons or groups that abet, aid, sympathize with,
shelter, or provide logistical support to these organizations invite
the ``wrath of the law.''
The Government harassed and detained opposition members and
conducted surveillance on members of labor unions, political groups,
and groups considered potentially political (See Sections 1.f. and 3).
Prior to the ban on political parties and organizations, several
political organizations in June filed suit to nullify the Elections and
Boundary Commission because it did not include representation from
political parties (See Section 3).
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
New religious groups or churches are expected to register with the
Government, and there were no reports that any groups were denied
registration during the year.
Government permission was required for the construction of new
religious buildings. Non-Christian groups sometimes experienced minor
delays in obtaining permits from the Government. The Government-owned
television and radio stations did not permit non-Christian religious
groups to broadcast.
Societal Abuses and Discrimination.--Relations between religious
groups were generally amicable, although church-related land disputes
and rivalry between branches of some sects resulted in violence, arson,
and two deaths that were under investigation at year's end. The Jewish
community comprised less than 1 percent of the population, and there
were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation. It also states that provisions of law and custom, which
impose restrictions on the freedom of any person to reside in the
country, shall not contravene the freedom granted by the constitution.
Non-ethnic Swazis sometimes experienced lengthy processing delays
when seeking passports and citizenship documents, in part due to the
country's history when mixed-race and white persons were not considered
legitimate citizens.
The Government routinely granted Swazi travel and citizenship
documents to several thousand ethnic Swazis living in, and legal
citizens of, South Africa.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 Protocol, and the
Government has established a system for providing protection to
refugees. In practice, the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government cooperated with the Office
of the UN High Commissioner for Refugees and other humanitarian
organizations in providing protection and minimal assistance to
refugees and asylum seekers. In July the Government provided temporary
protection to Somali refugees fleeing xenophobic attacks in South
Africa.
The Government accepted refugees for permanent resettlement,
allowed them to compete for jobs, and granted them work permits and
temporary residence permits without discrimination. The Government also
provided refugees with free transportation twice a week to buy food in
local markets and to earn a living. Refugees who lived in the country
more than five years qualified for citizenship; however, most refugees
applied after extended periods of time living in the country, due to
lack of information regarding their immigration status.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens could not change their government peacefully, and
political parties were banned. The King retains ultimate executive and
legislative authority; parliament has limited authority. Legislation
passed by parliament requires the king's consent to become law. Under
the constitution, the King selects the prime minister, the cabinet,
two-thirds of the Senate, many senior civil servants, the chief justice
and other justices of the superior courts, members of commissions
established by the constitution, and the heads of government offices.
On the advice of the prime minister, the King appoints the cabinet from
among members of parliament. The constitution states that the King is
required to consult with others (usually a traditional council) before
exercising a major decision; however, he is not required to accept
their advice.
The September 19 explosion of a bomb, which detonated early and
killed two of the suspected instigators, was the catalyst for King
Mswati's decision to make fighting terrorism his number one concern. On
October 16, the King announced Barnabas Dlamini as the new prime
minister, denounced terrorism, and said any necessary means should be
used to stop it. He warned progressive organizations that they would be
dealt with accordingly. On November 14, Prime Minister Dlamini issued a
declaration designating PUDEMO, SSN, SYC, and the SPLA as ``specified
entities'' under the Suppression of Terrorism Act (See Section 2.b.).
Persons found associating with any of the organizations faced prison
terms of 25 years to life.
Elections and Political Participation.--On September 19,
parliamentary elections were held, the first since the constitution
went into effect in 2006; the King appointed a new government in
October. International observers concluded that the elections did not
meet international standards. Political parties were not allowed to
register or sponsor candidates; ballots were cast in secrecy but could
be traced by registration number back to voters; some ballot boxes were
not properly protected; and accusations of bribery occurred. There were
widespread reports that citizens were advised that if they did not
register to vote, they would no longer receive government services.
The constitution provides that the five members of the Electoral
and Boundaries Commission (EBC) be chosen by the King on the
recommendation of the Judicial Services Commission; EBC commissioners
serve for 12 years and draw district boundaries, commission civic
education and voter registration programs, and publish postelection
reports. After the five members were selected in March, the National
Constitution Assembly, Swaziland National Association of Teachers,
Swaziland Federation of Labor, Swaziland Federation of Trade Unions
(SFTU), Ngwane National Liberation Congress, and PUDEMO collectively
sued the EBC on the grounds that its composition did not reflect
diverse societal groupings in the country, including political
organizations. One judge on the High Court, and the person named to
replace her, recused themselves without explanation. On September 17,
the High Court ruled that there was no legal requirement for the EBC to
include all types of groups.
In July the Swaziland Coalition of Concerned Civic Organizations
also filed suit against the EBC, claiming the commission did not meet
the constitutional requirements for independence and relevant
qualifications. The High Court heard the case on November 12 but had
not issued a verdict by year's end.
In 2007 the High Court rejected a petition by the National
Constituency Assembly (NCA), a group of civic associations, to declare
the constitution null and void since the drafting process did not
include extensive consultation with citizens, as required by the 1973
Emergency Decree. Despite plans to do so, the NCA had not appealed the
2007 court decision by year's end.
When the new constitution took effect, the 1973 decree that banned
political parties lapsed; the constitution provides for freedom of
association but does not address political parties. In 2006 the
minister of justice and constitutional affairs stated that political
organizations could hold meetings at ``tinkhundla'' (local government)
centers if they obtained permission from the regional administrator and
allowed a police officer to attend the meeting. However, political and
civic organizations reported problems with traditional authorities when
they requested permission to meet.
During the year the Government harassed and arrested opposition
members. On July 5, police arrested four PUDEMO members during a rally
organized to commemorate PUDEMO's 25th anniversary; the members were
charged with malicious damage to property. A police officer pointed a
gun at PUDEMO secretary Sphasha Dlamini and demanded that she hand over
her camera, after which police deleted all photos of the day's event,
including those documenting police harassment.
Chiefs are custodians of traditional law and custom and are
responsible for the day-to-day running of their chiefdoms and for
maintaining law and order. Chiefs act as overseers or guardians of
families within the communities. They are an integral part of society
and traditionally report directly to the King. Local custom mandates
that chieftaincy is hereditary. However, the constitution, while
recognizing that chieftaincy is ``usually hereditary and is regulated
by Swazi law and custom,'' also states that the King ``can appoint any
person to be chief over any area.'' As a result, many chieftaincies
were nonhereditary appointments, which provoked land disputes,
especially at the time of burials.
The constitution provides that 55 of the 65 members of the House of
Assembly be popularly contested and that the King appoint the remaining
10 members; five of the 10 must be women, and the other five must
represent ``interests, including marginalized groups not already
adequately represented in the House.'' If women do not constitute one-
third of the 65 members of the House, the constitution provides for the
inclusion of one woman from each of the four regions, nominated by the
elected house members from that region. Despite these constitutional
requirements, by year's end the King had appointed two women, rather
than five, and the House had not appointed any of the four female
regional representatives by year's end.
The King appoints 20 members of the 30-seat Senate, and the House
of Assembly elects the other 10. The new constitution provides that
eight of the king's nominees and five of the House of Assembly's
nominees be women. The constitution also states that candidates for
public office must compete on their individual merit, thereby blocking
competition based on political party affiliation. Despite these
constitutional requirements, by year's end the King had appointed seven
women as senators, rather than eight, and another five female senators
were elected by House members. By year's end, women constituted 20
percent, rather than the mandatory 30 percent, of parliamentary seats.
The King also appointed five women as ministers.
Widows in mourning (for periods that can vary from one to three
years) were prevented from appearing in certain public places and in
close proximity to the King. As a result, widows were effectively
excluded from voting or running for office.
There were no ethnic minorities in the Government. The constitution
provides that other appointees should represent ``interests, including
marginalized groups not already adequately represented in the House.''
However, most officials were from the royal Dlamini family.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively. There was a widespread public perception
of corruption in the executive and legislative branches of government
and a general consensus that the Government was doing little to combat
it. In September the Anticorruption Commission, with a commissioner and
two deputies, was officially launched; however, no corruption cases had
been filed by year's end. The World Bank's Worldwide Governance
Indicators reflect that corruption was a serious problem.
Credible reports continued that business contracts were awarded on
the basis of the owners' relationship with government officials.
In February government official Maswazi Shongwe and Senator Thandi
Maziya were arrested and charged with fraud; the two were accused of
presenting false receipts to the accountant general for the purchase of
five cattle for official celebrations, defrauding the Government of
100,000 emalangeni ($10,640). Both officials were released on bail and
awaiting trial at year's end.
According to April media reports, the Ministry of Foreign Affairs
and Trade principal secretary, Clifford Mamba, testified before
parliament's public accounts committee that Prince David, the former
minster of justice and constitutional affairs, simultaneously received
a salary as cabinet minster and the country's ambassador to Denmark.
The Ministry of Foreign Affairs asked the attorney general's office to
intervene after Prince David refused to reimburse the Government more
than 430,000 emalangeni ($45,700); however, no action had been taken by
year's end.
The nine suspects released on bail in January 2007, including the
former principal secretary of the minister of finance and other
individuals closely associated with the King. were still awaiting trial
at year's end for spending 50 million emalangeni ($5.3 million) on a
business training exercise for which the Government had allocated only
10 million emalangeni ($1.6 million).
No further action was taken on the March 2007 parliamentary report
alleging government corruption in the procurement of medicine; in June
2007 the House of Assembly rejected the report for containing
unsubstantiated claims of corruption.
No action was taken on the 2006 report recommending disciplinary
hearings for seven customs officials implicated in undercharging
importers by approximately 28.5 million emalangeni ($3 million) or the
recommendation in the report to ban several companies from eligibility
for government tenders.
The constitution prohibits government officials from assuming
positions in which their personal interest is likely to conflict with
their official duties. These officials are required to declare their
assets and liabilities to the Integrity Commission within six months of
its establishment; however, the Integrity Commission is subsumed under
the Commission on Human Rights and Public Administration, which still
had not been established by year's end.
There is no law permitting public access to government documents,
and public documents were difficult to access.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases; however, government
officials were rarely responsive to their views. Among the active
groups were the Swaziland Action Group Against Abuse, Lawyers for Human
Rights of Swaziland, and Women and Law in Southern Africa. Human rights
groups spoke out on a number of occasions, criticizing the lack of
accountability and transparency in the Government.
The constitution provides for the independence of human rights
nongovernmental organizations; however, this provision falls within the
``policy'' section, which cannot be enforced in any court or tribunal.
The Government still had not established the Commission on Human
Rights and Public Administration by year's end; the constitution
provides that the commission be established no later than 2007. The
commission, once established, may not investigate ``a matter relating
to the exercise of any royal prerogative by the Crown.''
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, sex,
disability, age, ethnicity, religion, political opinion, or social
status; however, the Government did not consistently enforce the law.
Women.--The law criminalizes rape, including spousal rape; however,
rape was common, and the Government did not always enforce the law
effectively. According to the 2007 RSPS Annual Report, 663 rape cases
were reported in 2007. Rape was regarded by many men as a minor
offense, despite being against the law; a sense of shame and
helplessness often inhibited women from reporting such crimes,
particularly when incest was involved. The maximum sentence for
aggravated rape is 15 years; however, the acquittal rate for rape was
high, and sentences were generally lenient.
Domestic violence against women, particularly wife beating, was
common, despite traditional restrictions against it. According to a
survey conducted during the year by the Government's Central Statistics
Office, 60 percent of men believed it was acceptable to beat their
wives, and 18 percent of females between 13 and 14 years old had
contemplated suicide, primarily as a result of domestic violence. Women
have the right to charge their husbands with assault under both the
Roman-Dutch and the traditional legal systems, and urban women
frequently did so, usually in extreme cases when intervention by
extended family members failed to end such violence. Penalties for men
found guilty of assault against a woman, not involving rape, depended
on the court's discretion. Rural women often had no relief if family
intervention did not succeed because traditional courts were
unsympathetic to ``unruly'' or ``disobedient'' women and were less
likely than modern courts to convict men for spousal abuse. The Roman-
Dutch legal system often gave light sentences in cases of abuse against
women. During the year units for domestic violence, child abuse, and
sexual abuse were established in two regions of the country.
Prostitution is illegal, but enforcement was inconsistent,
particularly near industries and military bases.
The law provides some protection from sexual harassment, but its
provisions were vague and largely ineffective; no cases have been
brought to court. There were occasional reports of sexual harassment,
most often of female students by teachers.
Women occupied a subordinate role in society. The dualistic nature
of the legal system complicated the issue of women's rights. Since
unwritten law and custom govern traditional marriage and matters of
inheritance and family law, women's rights often were unclear and
changed according to where and by whom they were interpreted. Couples
often married in both civil and traditional ceremonies, creating
problems in determining which set of rules applied to the marriage and
to subsequent questions of child custody and inheritance in the event
of divorce or death. Under the constitution children derive citizenship
from the father and not from the mother, unless the birth occurred
outside marriage and the father does not claim the child. A foreign
woman who marries a citizen can become a citizen by lodging a
declaration with the proper authorities.
The constitution provides that women can open bank accounts, obtain
passports, and take jobs without the permission of a male relative;
however, these rights were not always protected. Women routinely
executed contracts and entered into a variety of transactions in their
own names; however, banks still refused personal loans to women without
a male guarantor. The constitution provides for equal access to land;
however, in practice this right was not enforced. The law requires
equal pay for equal work; however, the average wage rates for men by
skill category usually exceeded those of women. Several existing acts
reportedly require amendments to bring them into line with the
constitution, including the Marriage Act, the Administration of Estates
Act, the Deeds Registry Act, and others.
In traditional marriages a man may take more than one wife. A man
who marries a woman under civil law may not legally have more than one
wife, although in practice this restriction sometimes was ignored.
Traditional marriages consider children to belong to the father and his
family if the couple divorce. Children born out of wedlock are viewed
as belonging to the mother. Inheritances are passed through male
children only. Traditional authorities still exercise the right to fine
women for wearing pants. For example, in May a Manzini-based vendors'
association banned young females from wearing pants.
The constitution states that ``a woman shall not be compelled to
undergo or uphold any custom to which she is in conscience oppose.'';
however, traditional family practices may treat a woman as an outcast
if she refuses to undergo the mourning rite. When the husband dies, his
widow must remain in strict mourning for one month, during which time
she cannot leave the house, and the husband's family can move into the
homestead and take control of its operations. In some cases the
mourning period can last for years. During the year the media reported
that widows and children heading households sometimes became homeless
as a result of the custom and were forced to seek public assistance, a
development exacerbated by the country's high rate of HIV/AIDS. The
2006-07 Demographic and Health Survey found that 6 percent of women
between 15 and 49 years of age were widows, half of whom had been
dispossessed of property.
During the year Nhlangano election officials refused to allow
widows in mourning to register to vote.
The Ministry of Home Affairs Gender Unit is responsible for
coordinating women's issues. During the year the unit visited a number
of communities as part of a national campaign against gender violence
and launched the ``Vote for Women'' campaign with assistance from the
UN Development Program and in collaboration with the Women and Law in
Southern Africa.
Children.--Government efforts to protect children's rights and
welfare were inadequate, due in part to the growing number of orphans
and vulnerable children (OVC), which made up an estimated 10 percent of
the population.
The Government did not provide free, compulsory education for
children. The Government paid textbook costs for first through seventh
grade students, while the student paid varying school fees and
contributed to the building fund. The Government set per-child and per-
school limits on the amounts it paid for OVC tuition and school fees,
but some schools complained of delayed payment and expelled OVCs for
nonpayment of fees. Supplemental money sometimes had to be raised for
building maintenance, including teachers' housing. Rural families
favored boys over girls if they could not send all their children to
school.
Child abuse, including rape of children and incest, was a serious
problem, but the crime was rarely reported, perpetrators of abuse were
seldom punished, and penalties seldom matched the crime. Many children
became HIV positive as a result of rape. A study released by the UN
Children's Fund (UNICEF) in April found that one in three women in the
country has suffered some form of sexual abuse as a child and that one
in four experienced physical violence. Most sexual assaults of girls
occurred at home, and less than half of sexual assaults were reported.
Disabled children, children out of school, and orphans were at
particular risk. Punishment for child abuse was minimal, and even the
perpetrators of abuse that resulted in death were generally fined no
more than 200 emalangeni ($21).
Corporal punishment by teachers and principals is legal and
routinely practiced. School regulations state that a teacher can
administer a maximum of four strokes on the buttocks to a student
younger than 16. On May 29, the media reported that the chairman of a
school whipped 18 primary school children for eating their lunch from
buckets. Some parents protested the whippings of their children.
On September 15, the Times of Swaziland newspaper reported that
traditional leaders in KaGwegwe whipped four girls on the buttocks for
not dancing during their Reed Dance, an annual celebration.
The media frequently reported on the abandonment of newborn babies
by unwed mothers, but no official statistics were available.
The legal age of marriage is 18 for both men and women. However,
with parental consent and approval from the minister of justice, girls
can marry at age 16. The Government recognized two types of marriage:
civil marriage and marriage under law and custom. Traditional marriages
under law and custom can be with girls as young as 14. Critics of the
royal family said the king's many wives and young fiancees, some of
whom were 16 years old, set a poor example in a country with an HIV/
AIDS prevalence at 33.4 percent among persons between 15 and 49 years
of age.
The law prohibits prostitution and child pornography, provides
protection to children less than 16 years of age from sexual
exploitation, and sets the age of sexual consent at 16 years. There
were reports that girls worked as prostitutes, including vulnerable
children orphaned by HIV/AIDS and street children.
There were growing numbers of street children in Mbabane and
Manzini. A large and increasing number of HIV/AIDS orphans were cared
for by aging relatives or neighbors, or they struggled to survive in
child-headed households. Some lost their property to adult relatives.
NGOs, such as the National Emergency Response Committee on HIV and
AIDS, a private group partly funded by the Government and by
international donors, assisted some AIDS orphans.
With more than 10 percent of households headed by children, UNICEF
supported school feeding programs, established a number of neighborhood
care points, and provided nutritional support to children weakened by
AIDS.
Trafficking in Persons.--The law does not prohibit trafficking in
persons; however, existing statutes against crimes such as kidnapping,
forced and compulsory labor, aiding and abetting ``prohibited
immigrants'' to enter the country, brothel keeping, and procurement for
prostitution could be used to prosecute traffickers. A human
trafficking problem was suspected but neither substantiated nor ruled
out by specific reporting or official investigation. Anecdotal evidence
indicated children were trafficked internally or from Mozambique for
domestic servitude in the homes of wealthy families, as well as through
the country to South Africa for domestic servitude and possibly also
for commercial sexual exploitation. According to the International
Organization for Migration, Chinese women were trafficked through the
country and sold in neighboring countries.
There were no known investigations or prosecutions of trafficking
cases during the year. No government agency is specifically responsible
for combating trafficking in persons or maintaining records
distinguishing trafficked persons from other illegal immigrants or
refugees.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The constitution provides protection
for persons with disabilities and requires parliament to enact relevant
implementing legislation. However, parliament had not passed laws to
prohibit discrimination against persons with disabilities in employment
or to provide access to health care or other state services by year's
end. Persons with disabilities have complained of government neglect.
There are no laws that mandate accessibility for persons with
disabilities to buildings, transportation, or government services,
although government buildings under construction included some
improvements for those with disabilities, including accessibility
ramps.
There is one school for the deaf and one special educational
alternative school for children with physical or mental disabilities.
Only 25 percent of adults with disabilities were employed, mostly in
the private sector, according to a 2006 study conducted by the Ministry
of Health and Social Welfare. In 2006 the minister for enterprise and
employment found that of 10,600 visually impaired persons in the
country, only three were employed. Despite the minister's 2006 pledge
to introduce a bill compelling employers to create specific jobs for
the visually impaired, no bill had been introduced by year's end. The
hospital for persons with mental disabilities in Manzini was
overcrowded and understaffed.
In October a blind man was appointed as a senator, marking the
first time a person with disabilities served in parliament.
National/Racial/Ethnic Minorities.--The constitution forbids
discrimination on the grounds of race, color, ethnic origin, tribe, or
birth; however, governmental and societal discrimination was practiced
against non-ethnic Swazis, generally white persons and persons of mixed
race. Although there were no official statistics, an estimated 2
percent of the population was non-ethnic Swazi. Non-ethnic Swazis
experienced difficulty in obtaining official documents, including
passports, and suffered from other forms of governmental and societal
discrimination, such as needing special permits or stamps to buy a car
or house, delays in receiving building permits for houses, and
difficulties in applying for a bank loan.
Other Societal Abuses and Discrimination.--Societal discrimination
against homosexuals was prevalent, and homosexuals generally concealed
their sexual preferences.
There was a social stigma associated with being HIV positive, which
discouraged persons from being tested, despite public relations
campaigns to promote testing. Nevertheless, there were often long lines
of persons waiting to be tested during prevention campaigns, especially
among the young. The military encouraged testing and did not
discriminate against those testing positive.
Section 6. Worker Rights
a. The Right of Association.--The constitution and law provide that
workers have the right to form and join associations of their choice,
including trade unions, without previous authorization or excessive
requirements, and workers exercised this right in practice, with some
exceptions. Employees in essential services, which included police and
security forces, correctional services, firefighting, health, and many
civil service positions, may not form unions. Unions must represent at
least 50 percent of employees in a work place to be automatically
recognized; otherwise, recognition is left to the discretion of
employers. Approximately 80 percent of the formal private sector was
unionized. The law allows unions to conduct their activities without
government interference. The law does not specifically permit strikes,
but it allows employees who are not engaged in essential services to
participate in peaceful protest action to promote their socioeconomic
interests.
On May 23, the Supreme Court upheld a High Court ruling that banned
registration of unions within the disciplined forces; in 2007 the
unregistered Swaziland Police Union (SWAPU) and the Swaziland
Correctional Officers Union filed suit to register as unions. SWAPU
claimed that the 2000 Industrial Act, which excludes the disciplined
forces from the right to form a union, conflicted with constitutional
provisions on freedom of expression and association. The Supreme Court
urged parliament in its decision to reconsider the conflicting articles
of legislation.
The procedure for announcing a protest requires an advance notice
of at least 14 days. The law details the steps to be followed when
disputes arise and provides penalties for employers who conduct
unauthorized lockouts. When disputes arose with civil servant unions,
the Government often intervened to reduce the chances of a protest
action, which may not be called legally until all avenues of
negotiation have been exhausted and a secret ballot of union members
has been conducted.
From March 3-10, in Manzini and Nhlangano, police shot, beat, and
used tear gas to disperse thousands of textile and public transport
workers engaged in a legal strike; an estimated 40 persons-mostly
women-were injured, according to the Swaziland Manufacturing and Allied
Workers Union. Police also briefly detained eight workers, one of whom
was charged with intent to organize and illegal demonstration; police
reportedly took another detainee to a dam, where he was submerged
multiple times in an effort to obtain information. Union members
subsequently suspended the textile workers' strike due to the intensity
of police attacks. Police spokesperson Vusi Masuku said police had used
minimal force.
Police also detained union leaders. For example, on August 21, 10
police officers briefly detained and interrogated SFTU secretary
general Jan Sithole about his participation in an August 16 protest
march at the Heads of State Summit in South Africa.
On September 18, police briefly detained SFTU secretary general
Sithole, Swaziland National Association of Teachers (SNAT) secretary
general Dominic Nxumalo, SNAT member Sibongile Mabuza, SWAYOCO member
Jerome Shongwe, and several others who were en route to a border
blockade. During a six-hour ride in the back of a police van, police
interrogated and threatened them with physical abuse, eventually
dumping the men at police headquarters in Manzini. Other political
party members detained by police were dumped in a forest in Nkhabba.
Unlike in the previous year, there were no reports that union
leaders were ordered to surrender their travel documents after
attending meetings abroad.
b. The Right to Organize and Bargain Collectively.--The
constitution and law provide for the right to organize and bargain
collectively, and the Government generally respected this right in
practice. However, employer interference with representatives of
workers' councils to negotiate rules and terms of conditions of work
contributed to the failure of some trade unions to negotiate or promote
collective bargaining agreements.
The law prohibits antiunion discrimination; however, such
discrimination continued to occur. In the case of unfair dismissal, the
court can order reinstatement and compensation for the employee, as
well as fine the employer. Union leaders made credible charges that
private sector management in various industries dismissed workers for
union activity, but no cases were pursued through the courts. Other
concerns identified by unions were undefined hours of work and pay
days, assaults on workers by supervisors, surveillance by hired
security officers of trade union activity, both at the workplace and
outside, and the use of workers' councils stacked with employer-picked
representatives to prevent genuine worker representation. The
allegations of antiunion discrimination were most common in the mostly
foreign-owned garment sector.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced or compulsory labor, including by children;
however, there were reports that such practices occurred. The SFTU
characterized the 1998 Administrative Order as a form of forced labor,
noting that it reinforced the tradition of residents performing
uncompensated tasks for chiefs, who could penalize those who did not
participate.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
constitution and law prohibit child labor, but child labor was a
problem. The law prohibits hiring a child younger than 15 in an
industrial undertaking, except in cases where only family members were
employed in the firm, or in technical schools where children worked
under supervision. However, children were vulnerable to joining the
workforce early to survive or support their families, and the law does
not provide for compulsory primary school education. The law limits the
number of night hours that children may work on school days to six and
the overall hours per week to 33.
Employment of children in the formal sector was not common, but
children were found doing unpaid labor and often exposed to harsh
conditions of work. In rural areas, children below the minimum age
frequently were employed in the agricultural sector, particularly in
the eastern cotton-growing region, and were employed as domestic
workers and as herder boys. Children reportedly worked in towns as
traders, hawkers, porters, car wash attendants, and bus attendants.
Minors were reportedly victims of prostitution and trafficking.
The Ministry of Enterprise and Employment's Department of Labor was
responsible for enforcement, but its effectiveness was limited by
personnel shortages and other resource constraints.
e. Acceptable Conditions of Work.--The Ministry of Enterprise and
Employment sets wage scales for each industry. There was a legally
mandated sliding scale of minimum wages depending on the type of work
performed. The minimum monthly wage for a domestic worker was
approximately 300 emalangeni ($32), for an unskilled worker 420
emalangeni ($45), and for a skilled worker 600 emalangeni ($64). In May
correctional and police officers received a 15 percent pay increase,
backdated to April 1. In October 2007 the Government agreed to a 140-
million-emalangeni ($15 million) pay increase backdated to April for
civil servants, to include a 4.5 percent increase in living allowances
and a 225 percent increase in housing allowances, the latter
representing an increase of 100 emalangeni ($11) to 650 emalangeni
($70). These minimum wages still did not provide a decent standard of
living for a worker and family. Migrant workers were not covered under
minimum wage laws. Wage arrears, particularly in the garment industry,
were a problem.
There was a standard 48-hour workweek for most workers and a 72-
hour workweek for security guards. The law permits all workers at least
one day of rest per week and provides for premium pay for overtime.
Most workers received a minimum of 12 days of annual leave. Workers
receive 14 days of sick leave with full pay, and 14 days with half pay
after three months of continuous service; however, these provisions
apply only once per calendar year. No sick leave is granted if an
injury results from an employee's own negligence or misconduct. These
standards do not apply to foreign and migrant workers. The labor
commissioner conducted inspections in the formal sector; however, these
inspections generally did not result in enforcement of the law.
The constitution calls on parliament to enact new laws to protect a
worker's right to satisfactory, safe, and healthy employment
conditions; however, parliament had not enacted any such laws by year's
end. The law provides for some protection of workers' health and
safety. The Government set safety standards for industrial operations
and encouraged private companies to develop accident prevention
programs; however, the Labor Commissioner's Office conducted few safety
inspections because of staffing deficiencies and an alleged desire not
to ``scare off foreign investors.'' Workers have no legal right to
remove themselves from dangerous workplaces without jeopardizing their
continued employment, and collective bargaining agreements do not
address the matter.
There were extensive provisions allowing workers to seek redress
for alleged wrongful dismissal, and these provisions frequently were
invoked during the year.
__________
TANZANIA
The United Republic of Tanzania, with a population of approximately
40 million, is a multiparty republic consisting of the mainland and the
Zanzibar archipelago, whose main islands are Unguja and Pemba. The
union is headed by a president, who is also head of government; its
unicameral legislative body is the National Assembly (parliament).
Zanzibar, although integrated into the country's governmental and party
structure, has its own president, court system, and legislature, and
exercises considerable autonomy. In the 2005 union presidential and
legislative elections, Jakaya Kikwete was elected president, and the
ruling Chama Cha Mapinduzi (CCM) Party made significant gains in
parliament. Observers considered the union elections on both the
mainland and in Zanzibar to be largely free and fair. The 2005
elections for president of Zanzibar were more contentious, however,
with serious irregularities and politically motivated violence. While
civilian authorities generally maintained effective control of the
security forces, there were instances in which elements of the security
forces acted independently of government authority.
There were a number of continuing human rights problems. Police and
prison guards used excessive force against inmates and suspects, at
times resulting in death, and police impunity was a problem; prison
conditions were harsh and life threatening; there was widespread police
corruption and violation of legal procedures; the judiciary suffered
from corruption and inefficiency in the lower courts; freedom of speech
and press were partly limited; governmental corruption remained a
problem; authorities restricted the movement of refugees; societal
violence against women persisted; and trafficking in persons and child
labor were problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
politically motivated killings by the Government or its agents during
the year; however, on several occasions security forces used lethal
force against citizens, including persons in custody. Senior police
officials accused subordinate officers of unlawful killings. For
example, in January villagers in the Isaka village of Kahama district
reported that local policemen beat 16-year-old James Deus to death
while in custody for allegedly being part of an armed robbery attack on
a petrol station in Shinyanga region. No information was available on
how the authorities responded to the killing.
At year's end 15 police officers allegedly involved in shooting and
killing three gemstone dealers and a taxi driver near Dar es Salaam in
2006 were on trial for murder. A special commission headed by a high
court judge investigated the incident and concluded that the victims
were not robbers, as the police claimed, nor had they been resisting
arrest.
Deaths as a result of mob violence, including by stoning, beating,
hacking with machetes, and burning, declined following a government
outreach campaign and non-governmental organization (NGO) efforts to
discourage such violence. However, there were at least five reports of
lynchings and one man beaten to death for petty crime. In February
Mtwara Regional Commissioner Anatoly Tarimo expressed concern that 11
persons had died as a result of mob justice during the previous 13
months. The July 22 Uhuru newspaper reported that in Chamwino district,
Dodoma region, a mob had beaten Lukas John to death after he stabbed
his father-in-law during a family dispute.
In September Clarence Kipobota of the Legal and Human Rights Centre
told the press that his office recorded 17 incidents of mob violence,
30 incidents of ``witch'' killings, and 13 incidents of torture while
in police custody from January to June.
The widespread belief in witchcraft and fear of witches led to the
continued killing of alleged witches by persons claiming to be the
victims of witchcraft, relatives of victims, or mobs. Responding to the
June 7 mob killing of an elderly couple on suspicion that they were
witches, Prime Minister Mizengo Pinda condemned the killing of the
elderly on such suspicions and urged everyone to take their concerns to
a court of law instead of using mob justice.
It was difficult to prosecute persons accused of killing suspected
witches, due to the lack of police resources and an unwillingness of
witnesses to come forward, but the Government did prosecute several
such cases. In September four persons were arrested for killing Nyabusa
Nyanda, aged 60, in Sengerema district, Mwanza region, after accusing
her of being a witch. The case remained ongoing at year's end.
Although there were unofficial reports of hundreds of persons with
albinism killed across the country during the year, approximately 26-
mostly women and children-were confirmed killed, and numerous others
were mutilated, in the misguided belief that their body parts could be
used to create wealth. In October persons with albinism held a rally
where many said that if the Government could not ensure their safety
they would be forced to seek refuge in neighboring countries. Earlier
in the year, the Tanzania Albino Society expressed concern to the
Government that no arrests had been made, and questioned whether the
Government was ignoring this crime. Subsequently, President Kikwete
announced that the police arrested 47 persons nationwide for crimes
connected to deaths of persons with albinism. Also during the year,
President Kikwete ordered a crackdown on witch doctors involved in
activities such as using body parts from persons with albinism to
create potions; and in April he announced the appointment of a person
with albinism-Al-Shaymaa Kwegyr-to parliament, to oversee the
Government's efforts to defend the rights of persons with albinism. At
year's end there were approximately 270,000 such persons living in the
country.
There were other incidents of mob violence during the year.
Examples included: three persons suspected of stealing cattle and maize
who were stoned to death and burned beyond recognition in Rukwa region;
two suspected thieves killed in a forest between Malangali and Kasense;
three persons tortured and burned by an angry mob for illegal fishing;
and an angry mob killed a man for stealing two chickens.
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 the practice of torture
and cruel punishment; however, police officers abused, threatened, and
otherwise mistreated civilians, suspected criminals, and prisoners
during the year. Beatings were the method most commonly used. In April
more than 150 villagers in the Ormelili, Embukoi, and Orkolili villages
in the Siha district of Kilimanjaro region, protested routine
harassment by local police officers. Villagers complained that the
police forced them to vacate their houses and beat them for occupying
land that belonged to a police college. It was also reported in April
that police shot and injured three gemstone miners accused of working
land belonging to a multinational mining company.
In June Godbless Kiwelu of Dar es Salaam accused police of using
excessive force during his arrest after a fight with a colleague. He
claimed the police beat him and broke both his legs. At year's end the
preliminary investigation report had been completed and forwarded to
the Director of Public Prosecution for further action.
Local government officials and courts occasionally used caning as a
punishment for both juvenile and adult offenders. For example, in
August the Shinyanga District Court sentenced an 18-year-old boy to
five strokes of the cane for rape. Nevertheless, the practice of caning
by teachers continued to decline in schools during the year, following
public outreach efforts by the Ministry of Education, NGOs, and the
press. There was some public support for caning.
There were fewer reports during the year that soldiers beat
civilians; classes on respecting human rights and antitrafficking
activities had been added to the soldiers' basic curriculum. However,
in February soldiers from the Tanzania People's Defense forces (TPDF)
assaulted and detained five workers of the Dar es Salaam Water and
Sewerage Corporation (DAWASCO) who had disconnected their camp water
supply due to nonpayment of bills. The DAWASCO employees also accused
the soldiers of stealing their cellular telephones. A newspaper
reporter who was taking pictures of the incident later complained that
the soldiers confiscated his camera. Following the incident, Deputy
Minister of Home Affairs Hamis Kagasheki said the conduct of the
soldiers was a violation of human rights and he would hold them
accountable. There was no report on the final outcome of the case.
During the year there were reports that prison officers sexually
abused individuals in detention. In August prison officer Hija Mchwao
was arrested in Zanzibar for the rape of a minor. At year's end no
trial date had been set.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening. Diseases were common and resulted in
numerous deaths in prisons. According to NGO reports, the leading
causes of death were malaria, tuberculosis, HIV/AIDS, cholera, and
diseases related to poor sanitation. Prison dispensaries offered only
limited treatment, and friends and family members of prisoners
generally had to provide medications or the funds to purchase them. In
February 2007, in order to prevent the spread of HIV/AIDS in prisons,
the Government established 12 voluntary counseling and testing centers
to provide services to penal institutions.
In addition to infectious diseases, the Government acknowledged
severe problems of overcrowding, lengthy pretrial detention of
prisoners, and holding juveniles together with adult prisoners. To ease
overcrowding and to speed up the judicial process, prison officials
provided transport for rural prisoners to attend courts in Dar es
Salaam. Also, in August 395 acres of land in the Arusha region were
allocated for the construction of a new prison. Previously, parliament
had allocated funds for the construction of a prison.
In April prisoners in the Bariadi prison of Shinyanga region
complained to the Commission for Human Rights and Good Governance
(CHRAGG), an independent government-appointed body, that prison
officials were denying them basic rights and services. They complained
of substandard food, lack of medication, and having only a bucket as a
toilet. Prisoners said that when they demanded better conditions, they
were threatened with beatings and solitary confinement. The CHRAGG
later reported that toilet facilities were constructed in some prisons.
In October in Zanzibar, the chairman of the CHRAGG presented the
results of their investigative report on prison conditions in Zanzibar
and Pemba to prison officials. The report declared that there was gross
overcrowding in the prisons and that children younger than 15 were
sharing cells with adult offenders.
In early October seven prisoners in Keko prison, Dar es Salaam,
went on a hunger strike to protest their lengthy pretrial detention.
They ended their strike on October 9 after Judge Semistocles Kaijage
and high court officials visited the jail and promised the prisoners
that their cases would be heard the following month. There were no
further reports as to whether their cases were heard in November, nor
reports of further hunger strikes.
The country's prisons held 45,000 convicted prisoners and pretrial
detainees, whereas the maximum capacity of the prisons was 27,653. The
average wait for a trial to begin was estimated at not less than three
years, with an additional two years for completion of the trial. An
earlier government push to ensure that gasoline was available for
vehicles to take prisoners to court and that funds were provided for
night court operations, reduced the time from arrest to trial outcome
from approximately seven years.
During the year, in an effort to improve prison conditions, the
Government established a Department of Public Complaints with the
responsibility to visit detainees, prisoners, pregnant prisoners, and
children of prisoners.
Guards sometimes beat and sexually abused prisoners during the
year. In July Zanzibar police officials fired officer Pandu Ndame for
the rape of a 13-year-old school girl at the police station. No
information was available concerning the disposition of two cases from
the previous year; one involved the rape of a 15-year-old female
prisoner, and the other was the investigation of the rape of a
schoolgirl inside a police station.
At year's end there was no further information about the August
2007 case of prison officials who allegedly severely beat and robbed
eight youths in detention after a prison official accused some of them
of stealing from him.
The law requires prisoners to be separated based on age and gender,
and whether a person is awaiting trial or has been convicted of a
crime. However, there was only one facility for juveniles, which was
used primarily for housing boys. Girls were almost universally given
probation. Male juveniles awaiting trial were held in one of five
remand homes.
Authorities often moved prisoners to different prisons without
notifying their families.
Local NGOs, international organizations, and diplomatic observers
were permitted to monitor prison conditions during the year. The
International Committee of the Red Cross visited prisoners at the
International Criminal Tribunal for Rwanda in Arusha, and visited
refugees in various prisons across the country to monitor whether their
fundamental rights were observed. The Office of the UN High
Commissioner for Refugees (UNHCR) visited prisons holding refugees to
learn their immigration status and to provide help to those who
believed they had been wrongly arrested and sentenced for illegal
immigration. International and domestic NGOs also visited prisons and
offered legal and humanitarian assistance.
During the year the CHRAGG visited a substantial number of prisons
to inspect conditions, including food and water, toilet facilities, and
congestion in sleeping quarters. The commission also inspected the
living conditions of wardens and the food storage systems. Prisoners
complained to the commission about the length of pretrial detention,
the lack of copies of rulings or judgments needed so they could appeal
their cases, their close proximity to prisoners with contagious
diseases such as tuberculosis, the lack of blankets, and intrusive
physical inspection when they entered and left the prisons. By law the
commission must report to the Government and make regular follow up
visits to make sure action has been taken. The Prisons Department then
grades the prisons and the report and the grades are available for
public review. Based on these reports, prisons have been provided with
additional blankets and one prison was required to install toilets
instead of the buckets prisoners had been using.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention; however, both were problems.
For example, on May 11, police raided the homes of seven citizens
in Pemba who had sent a petition to the United Nations asking for
recognition of the rights of Pembans to self-determination. They were
detained for six days for ``acting against the Constitution'' and were
then released on bail as the investigation into the matter continued.
According to representatives from the opposition party Civic United
Front, at year's end the investigation was ongoing and the seven
elderly citizens were still required to report periodically to the
police station.
Role of the Police and Security Apparatus.--The national police
force, under the Ministry of Public Safety and Security, has primary
responsibility for maintaining law and order. A special division called
the Field Force Unit deals with unlawful demonstrations and riots.
Sungusungu citizens' patrols-traditional neighborhood and village
anticrime groups-also worked with local government leaders to support
the police force in refugee camps and other areas. A division of the
Ministry of Defense is responsible for external security with some
limited domestic security responsibilities.
The police force remained under funded and largely inefficient.
Police use of excessive force, police corruption, and impunity were
serious problems. During the year the commissioner for administration
and finance of police forces, Clodwig Mtweve, stated that the police
department was fighting internal corruption with seminars throughout
the country and prompt action against police officers implicated in
wrongdoing. Mtweve said this program resulted in a reduction of
complaints against the police, but his claim could not be objectively
verified.
Police frequently acted as prosecutors before the courts. Many
judicial experts criticized this arrangement as allowing police to
manipulate evidence in criminal cases. According to NGO reports, there
were instances where evidence was reported lost, and suspects sometimes
avoided prosecution by bribing police officers.
During the year there continued to be newspaper articles, civil
complaints, and reports of police corruption from the newly established
office for the Prevention of Corruption and Crimes Bureau (PCCB). In
June the newspaper Habari Leo published a government survey on poverty
and development in the country which found that the public in 10 out of
the 21 mainland regions considered the police force as the most corrupt
institution, followed by the courts and then the judicial system. The
September 2 Daily News, a government daily, reported that two policemen
were arrested in Singida region for taking bribes. During the year the
trial began of two policemen arrested in 2006 after drugs were stolen
from police custody at the Ministry of Home Affairs' Antinarcotics Unit
in Dar es Salaam.
During the year the police held training seminars on surveillance
and detection, human rights, antitrafficking in persons, expediting
investigations, finalizing criminal cases, and how to deal with
opposition political party members. On July 14, inspector general of
police Saidi Mwema inaugurated a six-day seminar to sensitize police
officers on sexual crimes against women and children. Police sometimes
collaborated with international experts for training.
The law grants legal status to the Sungusungu village anticrime
groups. Sungusungu members are appointed from communities by local
governments with citizen participation. They have the authority to
arrest suspects; they carry wooden clubs but no firearms. Family units
of a neighborhood in which Sungusungu operated customarily either
contributed money to the Sungusungu for patrols, or provided a
volunteer to participate in patrols. In refugee camps, Sungusungu
groups composed of refugees acted as security forces supplementing
contingents of regular police. Some Sungusungu units were criticized
for using excessive force, including severely beating suspects
resulting in death. In March residents of Chababala, Nyabishenge, and
Kaisho villages in Kagera region asked their district officials to take
action against the Sungusungu for routinely inciting villagers to take
mob action.
Arrest and Detention.--The law requires that persons be apprehended
openly with warrants based on sufficient evidence, and authorities
generally complied with the law. The law also requires that a person
arrested for a crime, other than a national security detainee, be
charged before a magistrate within 24 hours of arrest; however, in
practice the police often failed to comply with this requirement. The
law gives accused persons the right to contact a lawyer or talk with
family members, but authorities at times denied this right. Prompt
access to counsel was often limited by the lack of lawyers in rural
areas, the lack of communication systems and infrastructure, and the
illiteracy and poverty of the accused. Authorities promptly informed
detainees of the charges against them. The Government provided legal
representation for indigent defendants and for all suspects charged
with murder or treason. The law does not allow bail for the offenses of
murder and treason. According to a high court judgment in July 2007,
denial of bail for the offense of armed robbery is unconstitutional.
This ruling gave the Government 18 months to make the necessary
legislative changes; however, at year's end there were no legislative
changes reported. When bail is granted in some cases, strict conditions
on freedom of movement and association are imposed. In the primary and
District Courts, bribes sometimes determined whether or not bail was
granted.
By law the president may order the arrest and indefinite detention
without bail of any person considered dangerous to the public order or
national security. The Government must then release such detainees
within 15 days or inform them of the reason for their continued
detention; it also allows a detainee to challenge the grounds for
detention at 90-day intervals. The Government has additional broad
detention powers under the law, which permits regional and district
commissioners to arrest and detain for 48 hours anyone who may
``disturb public tranquility.'' This act was not invoked during the
year.
During the year the courts of law continued to adjudicate election
petitions by aggrieved parties in connection with the 2005 elections.
By year's end all but one of the 36 such cases had been decided: 30 in
favor of the plaintiffs and one in favor of the defendant. Five cases
were dismissed for failing to meet legal requirements.
In 2007 approximately 44 percent of the prison population were
pretrial detainees. Detainees charged with criminal matters generally
waited several years for trial due to the time required to complete
police investigations, a lack of judges to hear cases, and an
inadequate judicial budget. Demands by police and court officials for
bribes further delayed many trials. Pretrial detention at times
exceeded the legal penalty for the offense charged. Observers estimated
that 5 percent of detainees held in remand were ultimately convicted,
and often those convicted had already served their full sentences
before their trials were concluded. A government official estimated
that it took up to five years for homicide cases to reach the high
court. According to a March 2007 article in the Guardian newspaper,
some suspects had spent as many as 15 years in prison without having
their cases heard before a court.
In October more than 57 pretrial prisoners refused to get off a bus
at the Arusha regional court because the investigations of their cases
were taking too long. The prisoners accused the regional crimes officer
of delaying the investigations. The prisoners also claimed that fellow
prisoners were released within six months of arrest if they bribed the
relevant officials. These prisoners, having been charged with murder,
were not eligible for bail.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the judiciary remained under funded,
corrupt, inefficient, and subject to executive influence. Corruption
was particularly pervasive among lower court officials and court
clerks.
Court clerks took bribes to decide whether or not to open cases and
to hide or misdirect the files of those accused of crimes. According to
news reports, magistrates of lower courts occasionally accepted bribes
to determine guilt or innocence, pass sentences, or decide appeals of
cases coming from the primary courts to District Courts. A December
2007 edition of Nipashe reported that the PCCB arrested a magistrate of
the Temeke District Court, charged with demanding a bribe of 4 million
shillings (approximately $3,600). The same newspaper reported the
arrest of another magistrate of the Kisutu resident magistrate's court
for demanding a 60,000 shillings ($50) bribe. At year's end both cases
were still awaiting a hearing date.
The union Ministry of Justice faced a critical shortage of court
buildings. In April 2007 a senior high court official in Dar es Salaam
reportedly told law sector reform officials that eight regions of the
country did not have high courts. To a limited extent this problem was
addressed by having roving judges and prosecution and defense lawyers,
but the cost of traveling to the nearest court was often prohibitive.
During the year the Zanzibar Ministry of Justice also faced a shortage
of magistrates and judges; Zanzibar hired additional judges and
magistrates from the mainland and from Nigeria to speed up the trial
process.
Both the union and Zanzibar legal systems are based on British
common law and also recognize customary and Islamic law in civil cases.
In criminal matters both Christians and Muslims are governed by
statutory or common law.
A Judicial Service Commission, chaired by the chief justice of the
Court of Appeal, appoints all judges except those for the Court of
Appeal and the high courts, who are appointed by the president. All
courts, including Islamic courts in Zanzibar, are staffed by civil
servants.
The country has a five-tier judicial system whose highest court is
the Court of Appeal. In addition, in Zanzibar, whose population is
almost entirely Muslim, there is a system of Islamic kadhi courts with
its own hierarchy, topped by a kadhi court of appeal. These courts hear
matters involving customary Islamic law on family and related matters.
On the mainland, civil law essentially governs all persons involved in
cases of child custody and divorce. Islamic and customary law govern
other family matters for Muslims and Christians, respectively. The
issue of establishing a kadhi court on the mainland, which has divided
Muslim and Christian leaders, remained contentious.
There was one juvenile court; however, it was overburdened and
handled cases only for young offenders in Dar es Salaam. Juvenile
offenders in other regions were tried in adult courts in most cases, or
waited months for cross-country transportation to the juvenile court.
The law also provides for commercial courts, land courts, housing
tribunals, and military tribunals. Military tribunals do not try
civilians, but defendants convicted by military tribunals may appeal to
the High Court and the Court of Appeal.
Trial Procedures.--With some exceptions, criminal trials were open
to the public and the press. Courts that hold secret proceedings-such
as in drug trafficking cases-generally are required to provide reasons
for closing proceedings. In cases involving terrorism suspects, the law
provides that everyone except the interested parties may be excluded
and that information may be under special arrangements for the
protection of witnesses. The law prohibits lawyers from appearing or
defending clients in primary level courts.
Juries are not used. The law provides for the presumption of
innocence. Defendants or their lawyers have access to evidence held by
the Government, the right to question witnesses, and the right to
present evidence on the defendant's behalf. All defendants charged with
civil or criminal matters-except parties appearing before kadhi courts
and cases examining the constitutionality of Zanzibar laws-could appeal
decisions to the high courts and the Court of Appeal. The law provides
a right to free counsel for defendants accused of murder and treason as
well as for indigent defendants in other serious cases. Most indigent
defendants charged with lesser crimes did not have legal counsel.
There were only a few hundred practicing lawyers in the country,
although the number continued to increase. Most defendants in urban
areas who could not afford to hire a legal representative or lawyer
represented themselves in court, but women and the economically needy
were provided with free legal assistance by the Government and some
NGOs, such as the Tanzania Women Lawyers Association (TAWLA) and the
National Organization for Legal Assistance.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Civil proceedings are
administered in the High Court or at the magistrate or district level.
Persons may bring lawsuits seeking damages or the cessation of human
rights violations; however, civil judicial procedures often were slow,
inefficient, and corrupt.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law generally prohibits such actions without a
search warrant; however, the Government did not consistently respect
these prohibitions. Only courts can issue search warrants; however, the
law also authorizes searches of persons and premises without a warrant
if necessary to prevent the loss or destruction of evidence or if
circumstances are serious and urgent. During the year security forces
increasingly sought search warrants in accordance with the law, and
citizens had a greater awareness of their civil liberties and
complained when they were violated.
The law relating to terrorism permits high-ranking police officers
to conduct searches without a warrant in certain urgent cases; there
were no reports that this provision of the act has ever been invoked.
It was widely believed that security forces monitored telephones
and correspondence of some citizens and foreign residents.
On April 24, the Court of Appeal heard the appeal of a High Court
decision against 135 villagers who claimed that in 2001 they had been
illegally evicted from their land by government officials in the
Nyamuma villages of Serengeti district in Mara region. CHRAGG had ruled
in the villagers' favor, while the Government ruled it would not
compensate or resettle the villagers because CHRAGG had no authority to
compel the state to do so. On appeal, The High Court agreed with the
state's decision. However, during the year the NGO Legal and Human
Rights Center took on the case and the Court of Appeal ruled that the
case had enough merit to be heard again by the High Court, with a new
judge who would not be influenced by the previous decision. The
claimants were asking for compensation of 900 million Tanzanian
shillings (Tshs. (approximately $750,000) and resettlement to the parts
of Nyamuma that were not taken over by the Government. At year's end
the parties to the suit were awaiting a hearing date.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech but does not explicitly provide for freedom of the
press.
The use of abusive or derogatory language to publicly describe the
country's leadership is punishable by arrest and prosecution under the
penal code. This provision was applied in October 2007 when the
chairman of the opposition Democratic Party, Reverend Christopher
Mtikila, was arrested for the offence of ``instigating disorder and
creating hatred among sections of the societ.''; he had distributed
leaflets accusing President Kikwete of being a terrorist who wanted to
establish a mainland kadhi court system. At year's end trial had not
begun.
The president publicly expressed support for press freedom, and
journalists were generally able to publish articles, for example
alleging corruption by government officials, without reprisal. The
Media Council, a professional organization for journalists, met with
parliament in August to express concern over proposed amendments to the
Media Services Bill and the Right to Information Bill. The Media
Council was concerned by ambiguities in the law and asked that no steps
be taken in future legislation that might restrict freedom of the
press.
During the year the weekly Swahili newspaper MwanaHalisi was
involved in several conflicts with government authorities. In January
unidentified persons attacked MwanaHalisi's managing editor, Saeed
Kubenea, and his media consultant, Ndimara Tegambwage, pouring acid on
their faces and cutting them with machetes. Government officials
launched an investigation into the crime, but the attackers were not
identified. Many speculated that they were ruling party loyalists
sympathetic to the Government officials criticized by MwanaHalisi.
President Kikwete publicly condemned the attack and made a nationally
televised visit to the hospitalized victims to demonstrate his concern.
On July 18, police raided MwanaHalisi's office and took computers
because of a published article on a corruption case which was under
judicial investigation, thus in violation of the PCCB statute against
such actions. The editor was detained; he was released after several
hours and the computers were returned.
In October the Government suspended MwanaHalisi for three months,
alleging the paper had ``consistently published seditious material.''
The suspension followed MwanaHalisi's publication of an article on an
alleged plot involving President Kikwete's son to prevent the
president's reelection in 2010. The Editor's Forum, representing all
the major media houses, asked the president to reverse the decision,
and to appoint a new minister of information. The suspension remained
in effect at year's end.
On February 18, Maxence Mello and Mike Mushi, editors of Jambo
Forums, a popular public discussion Web site, were detained for 24
hours and their site closed for five days for ``disseminating wrong
information'' concerning a scandal-ridden private energy deal involving
the then-prime minister.
The mainland government allowed political opponents unrestricted
access to the media. Publications such as the opposition party
CHADEMA's Tanzania Daima, were published daily.
Although the media were primarily government-controlled in
Zanzibar, political opposition spokespersons had access to the media. A
permit was required for reporting on police or prisons activities, and
journalists needed special permission to attend meetings in the
Zanzibar house of representatives. Anyone publishing information
accusing a Zanzibar member of parliament of involvement in illegal
activities was liable to a fine of not less than 250,000 thousand
Tanzania Shillings (approximately $280), or three years' imprisonment,
or both. Nothing in the law specifies whether this penalty stands if
the allegations were proven to be true. Also, under the Newspaper Act,
the Government was empowered to fine and suspend newspapers without
warning.
The Committee to Protect Journalists (CPJ) published an article in
February, also cited by the UNHCR journal RefWatch, expressing
concerning over the arbitrary arrest of journalists ``in an attempt to
silence public dialogue.'' Officially, journalists were arrested for
violating the country's criminal statute against reporting slanderously
on political leaders. Similar arrests and detentions were reported by
individuals asking sensitive questions of politicians at political
events. The charges were not always clearly stated, and the actions of
the police officers, such as searching homes and seizing equipment,
were not always authorized under the law.
Registering newspapers remained difficult and was at the discretion
of the Registrar of Newspapers at the Ministry of Information on both
the mainland and Zanzibar. On the mainland, many radio stations and all
but one television station were privately owned. There were government
restrictions on broadcasting in tribal languages.
In Zanzibar, one of the two newspapers was privately owned and the
other was government owned. The Government controlled all content of
radio and television broadcasts, whether privately or publicly owned.
Internet Freedom.--There were no government restrictions on access
to the Internet. During the year the police started monitoring the
Internet to prevent trafficking in persons and other illegal
activities. Web sites and blogs critical of the Government faced the
same scrutiny and possibility of arrest as print journalists. However,
in general, individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail. The number
of Internet cafes and providers increased during the year; however,
since only 10 percent of citizens had access to electricity, Internet
access was severely limited.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly, and the
Government generally respected this right in practice.
The Government requires organizers of rallies to obtain police
permission. Police may deny permission on public safety or security
grounds or if the permit seeker belongs to an unregistered organization
or political party. In October, during a by-election in Tarime, Mara
region, the CHADEMA opposition party candidate and other party leaders
were arrested for addressing a campaign rally without a police permit.
CHADEMA officials accused police authorities of using tear gas to
disperse CHADEMA supporters, beating their officials, and severely
injuring three of them.
Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right in
practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion; however, there were some limits on this freedom.
Religious organizations must register with the Ministry of Home
Affairs. To register, a religious organization must have at least 10
followers and present a constitution, the resumes of its leaders, and a
letter of recommendation from the district commissioner of the locale
where the organization would be based. Muslim groups on the mainland
also were required to submit a letter of recommendation from BAKWATA,
the council that governs Islamic matters on the mainland, and from the
office of the mufti in Zanzibar.
There were no reports that the Government refused to register any
group during the year.
The law prohibits preaching, or distributing materials, that are
inflammatory or a threat to the public order. For example, the office
of the chief mufti of Zanzibar banned four Islamic preachers from the
mainland for preaching sermons that might lead to a breach of the peace
after they were accused of slandering other faiths. In 2007 the
Government occasionally rejected requests from religious groups seeking
to hold demonstrations because of the possibility that the gathering
could become confrontational or inflame religious tensions. In December
2007 and March 2008, the deputy mufti of Zanzibar revoked the permit of
the Daawa Islamic Youth Group, which had been allowed to preach
throughout the country, for making defamatory statements regarding
Christianity.
In October a trial magistrate dismissed the 2006 case against
Christian minister Cecil Simbaulanga for lack of evidence; Simbaulanga
had been arrested for ``inflammatory preaching'' that insulted Islam.
However, he still had to answer other charges of insulting Islam in a
separate incident in Kigoma region.
During the year Muslim religious leaders appealed to the Government
to introduce kadhi courts and Shari'a law to the mainland for the
adjudication of Islamic civil matters. Christian groups have objected
that such courts would violate government neutrality among religions
and that the union constitution did not provide for a national kadhi
court.
Societal Abuses and Discrimination.--Government policy prohibits
discrimination against any individual on the basis of religious beliefs
or practices. Some Muslim groups charged that the Government
discriminated against them in hiring, education, and law enforcement
practices, and some Christian groups said that all sensitive government
positions were filled by Muslims, but neutral observers said that there
did not appear to be government bias toward any particular religious
group.
There were sporadic reports of religion-based violence and
disturbances in various communities. Most of these reports involved
practitioners of animism targeted by members of the community who
objected to their traditional beliefs.
In January villagers in Idiwili, Mbeya region, burned down the
house of a Pentecostal preacher they accused of using witchcraft
against them, and then fled their homes for fear of reprisal from the
police.
In March a Muslim publication reported that Muslim primary school
girls who wore the headscarf in public schools were being harassed by
some of their teachers. A Muslim cleric complained that some children
were not allowed to wear the headscarf in class, although this
situation did not appear to be widespread.
The Jewish population was very small; there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights. The
Government cooperated with the office of the UNHCR and other
humanitarian organizations in providing protection and assistance to
refugees and asylum seekers. The Government detained and deported
illegal immigrants.
Police at checkpoints sometimes solicited bribes.
The law does not permit the forced exile of citizens, and the
Government did not use forced exile in practice.
Protection of Refugees.--The law provides for the granting of
refugee status or asylum in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. In December the minister of home affairs
announced that approximately 200,000 refugees who arrived from Burundi
in 1972 would be granted citizenship. In close consultation with UNHCR,
the Government began the process of identifying those qualified for
citizenship and local integration.
UNHCR officials were permitted to be present at border screenings
for refugees and the International Organization for Migration (IOM) was
permitted to enter detention facilities to help distinguish illegal
migrants from trafficking victims.
There were approximately 440,000 refugees in the country at the
start of the year, but only approximately 130,000 by the end of the
year, primarily from Burundi and the Democratic Republic of the Congo
(DRC). Two hundred thousand Burundi refugees from the 1972 exodus were
still officially refugees but lived independently, were granted special
status by UNHCR and the Government, and were being processed for
citizenship. They were not generally included in the official count of
refugees. All other Burundi refugees, except for approximately 50,000,
were returned to Burundi as the political situation there improved.
As of October there were three UNHCR-supported camps. It remained
illegal for refugees to live outside their camps or settlements, or to
travel outside the camps without permits, except to collect firewood
within two and a half miles of the camps. Refugees and asylum seekers
who were apprehended outside camps without permits were sentenced to
community service, rather than imprisonment and deportation as had been
the case in earlier years.
The UNHCR, with government cooperation, continued to provide
security for refugees.
During the year the Government investigated, prosecuted, and
punished perpetrators of abuses in the refugee camps; most cases of
refugees involved in crime and abuse outside the camps were handled by
local authorities. Residents of refugee camps suffered delays and
limited access to courts, common problems faced by citizens as well.
There were reports that some refugees engaged in intimidation and
vigilante justice within camps, but fewer reported cases than in
previous years.
Burundian and Congolese refugees continued to return home during
the year, motivated by improved security in Burundi and, earlier in the
year, in the DRC, as well as by strong encouragement from the
Government and UNHCR assistance. During the year the tripartite
commission, composed of the UNHCR and the Governments of Tanzania and
Burundi, encouraged repatriation by closing schools in the camps and
stopping refugee income-generating projects. Seven camps were closed
during the year and the UNHCR facilitated the repatriation of over
70,000 Burundian refugees and more than 20,000 refugees to the DRC. All
returns were voluntary; however, some refugees departed under the
perceived threat of restrictions on their activities from local
politicians or of forced return to a country where they feared life was
not safe or economically viable.
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 exercise this right in elections on
the mainland and in Zanzibar. However, electoral irregularities,
political violence, and legal and financial provisions that favored the
ruling CCM Party limited the effectiveness of the electoral process in
Zanzibar. Political parties are required by law to support the union
between Tanganyika and Zanzibar; it also prohibits parties based on
ethnic, regional, or religious affiliation. Unregistered parties were
prohibited from fielding candidates during the 2005 elections.
Elections and Political Participation.--Separate elections are held
on the mainland and on Zanzibar, sometimes on the same day, in which
citizens of the two parts of the union elect local officials, members
of the national parliament, and a union (national) president. In
addition Zanzibaris separately elect a president of Zanzibar and
members of the Zanzibar House of Representatives.
In 2005 Jakaya Kikwete, the CCM candidate, was elected president of
the union with 80.2 percent of the vote in an election widely
considered by observers as more free and fair than previous elections;
however, the campaigns preceding them were marked by violence in some
regions.
In 2005 voters in the semiautonomous archipelago of Zanzibar
elected a president, legislators, and local representatives for the
archipelago. CCM candidate Amani Karume, the incumbent president, was
reelected with 53 percent of the vote in an election marred by
irregularities and violence.
Harassment of opposition political parties by the Government has
diminished since 2005. Individuals and parties could freely declare
their candidacy and stand for election. The law requires that persons
running for office must represent a registered political party. During
the year, there were two parliamentary by-elections. Although Chadema,
an opposition party, won one of the by-elections, it alleged that the
police used undue force against its members during the campaigns.
In Zanzibar, particularly on Pemba, opposition party members
claimed that the Government, the largest employer, discriminated
against them in hiring.
The registrar of political parties has sole authority to approve
registration of any political party and is responsible for enforcing
regulations on registered parties. Parties granted provisional
registration may hold public meetings and recruit members. To secure
full registration and to be eligible to field candidates for election,
they have six months to submit lists of at least 200 members in 10 of
the country's 26 regions, including two of the five regions of
Zanzibar.
The election law provides for parliamentarians completing a term to
receive Tshs. 20,000,000 (approximately $16,000) as a ``gratuity,''
which incumbents can use in reelection campaigns. Several NGOs and
opposition parties criticized this provision, saying that it made it
extremely difficult for aspiring parliamentary candidates from
opposition parties to mount an effective challenge.
During the year, Christopher Mtikila, leader of the opposition
Democratic Party, expressed concern about the long judicial process in
handling the 2007 government appeal of a 2006 ruling by the High Court,
which allowed independent candidates to contest local and national
elections. The appeal remained pending at year's end.
The law requires that women occupy at least 30 percent of seats in
parliament. Women are appointed by their respective political parties
to serve in seats set aside for them, according to the number of seats
their parties win. After the 2005 elections there were 75 special seats
for women, and at year's end there were 91 women in the 320-seat
parliament. After taking office in 2005, President Kikwete appointed
seven women ministers (compared with four in the former administration)
and 10 women deputy ministers. Some of these women were appointed to
head key ministries, including foreign affairs, finance, and justice.
During the year at least seven women served as judges of the High Court
and one woman served as a justice of the Union Court of Appeal. Women
held 18 seats in the 81-seat Zanzibar House of Representatives and four
positions in the cabinet of the Zanzibar government.
There were 11 members of parliament of Asian origin in the 320-seat
National Assembly; at the start of the year there was one who served as
minister of finance. After a February cabinet reshuffle, there were no
ministers of Asian origin.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption. Despite improvements in recent
years, the World Bank's Worldwide Governance Indicators reflected that
corruption remained a serious problem. During the year, the Government
began prosecuting several high-profile corruption cases.
Beginning in October, the Government arrested and filed charges
against more than twenty individuals, including four officials of the
Bank of Tanzania, for their involvement in a scheme to obtain funds
fraudulently from the bank's external payment arrears account. On
October 31, President Kikwete announced that the Government had
recovered Tshs. 69 billion (approximately $53 million) of the Tshs. 90
billion fraudulently paid to 13 companies. An additional Tshs. 42
billion paid to nine companies that remained under investigation at
year's end.
In November the Government launched prosecutions against two former
ministers of finance, one of whom was a sitting member of parliament,
for abuse of office and occasioning loss to the Government of Tshs.
11.7 billion (approximately $10 million). In December the just-retired
permanent secretary in the Ministry of Finance was charged in the same
case.
The Government continued to use specialized agencies to fight
corruption, but their effectiveness was limited. A three-person unit in
the Ministry of Good Governance, a department within the president's
office, was charged with implementing anticorruption legislation,
coordinating anticorruption efforts, and collecting information from
all the ministries for publication in quarterly reports; however, this
unit was not effective.
There was little accountability in most government entities; senior
government officials estimated that 20 percent of the Government's
budget in each fiscal year was lost to corruption, including theft and
fraud, and including fake purchasing transactions. For example in
January, 12 accountants working in the country's embassies were
recalled due to misappropriation of funds. All were given disciplinary
actions such as probations and suspensions; several were forced to
retire.
Preliminary hearings in a corruption case involving a former
ambassador to Italy began in August 2007; at the end of the year the
case was ongoing.
Out of concern for corruption allegations in November 2007,
President Kikwete appointed a former attorney general as chairman of a
committee to review all mining contracts. Members of the committee
included legislators from the ruling CCM Party and from the opposition,
as well as private sector and senior government officials. In November,
after consideration of the committee's findings and recommendations,
parliament proposed resolutions which included provisions for the
amendment of all laws pertaining to mining. Parliament also ``urged''
that all mining companies and contracts be placed in hold until
parliament is able to debate the issue during its 2009 session.
In September the PCCB director general indicated that the PCCB was
investigating 20 percent more corruption cases than during the previous
year. According to the PCCB, most corruption investigations concerned
government involvement in mining, land matters, energy, and investment.
NGOs reported that most allegations of corruption involved the
country's Revenue Authority, local government officials, the police,
licensing authorities, hospital workers, and the media.
Government Ministers and Members of Parliament are required to
disclose their assets when they take office.
There is no law providing for public access to government
information, and access to government information remained limited.
Government officials routinely refused to make information available.
In Zanzibar, journalists complained about lack of access to government
information. Civil service regulations effectively allow only a handful
of high-level government representatives to communicate information to
the media.
According to a survey by Haki Elimu, a local NGO, and the
International Budget Project, an international NGO, the public did not
have access to information about the Government's fiscal activities and
budget. Government officials estimated that 90 percent of all
government documents, including administrative forms, were treated as
classified. According to access-to-information advocates, laws blocked
public access to government information relating to national security,
broadcasting, newspapers, prisons, restricted areas, official secrets,
and police. There was no mechanism for appealing denials.
Parliament continued to use the Parliamentary Online Information
System (POLIS), which was available to the public via the Internet, to
increase access to government information. However, POLIS's reach
remained limited, since only approximately 400,000 of the country's
citizens had Internet access.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. On the mainland, more
than five thousand NGOs were registered and entered into the database
maintained by a government-appointed NGO coordination unit within the
vice president's office. International NGOs may operate both on the
mainland and Zanzibar. However, NGOs in Zanzibar must apply through the
local government for approval and all religious NGOs must seek approval
from the Office of the Mufti, The Muslim religious authority.
Mainland government officials generally were cooperative and
responsive to the views of human rights groups, although there was one
reported case in 2007 of a human rights organization from Kenya being
harassed and temporarily detained by local police when members of the
group entered the country to investigate the killing-allegedly by
police-of 11 Kenyans in the Arusha region.
Coordination and cooperation between the Government of Zanzibar and
NGOs improved. The Government of Zanzibar continued to be less tolerant
of NGOs that criticized the Government, and subjected them to fines,
suspensions, and removal for violations of laws against sedition.
Active domestic human rights NGOs included Tanzania Gender
Networking Programme, Haki Elimu, the Center for Human Rights
Promotion, the Legal and Human Rights Centre, Tanzania Media Women's
Association, Action on Disability and Development, Tanzania Albino
Society, and the Tanzania Women Lawyers' Association. There were also
many smaller local human rights NGOs based outside of Dar es Salaam.
The Zanzibar Legal Services Center was one of the few active human
rights organizations in Zanzibar. All of these organizations were
independent of the Government. During the year the Government
threatened to deregister so-called ``shell'' NGOs countrywide that
collected donor money for personal profit. However, there were no
reports of action taken against any NGO.
There was an improved level of cooperation between the Government
and UNHCR, which operated one Congolese and two Burundian refugee camps
in western Tanzania, down from a total of 10 a year earlier. In 2007
the Government decided to close all refugee camps for Burundians by the
end of that year, stating that there were no longer security reasons
for Burundian refugees to remain in the country. However, UNHCR
negotiated an extension to June 2008 to ease the pressure on the
Government of Burundi with the mass return of refugees, and at year's
end the camps were still operating with the full consent of the
Government. UNHCR representatives reported that the Government had been
cooperative by not putting pressure on UNHCR to repatriate the
remaining Burundian refugees more quickly. The Government agreed to
give Tanzanian citizenship to more than 200,000 Burundian refugees.
The CHRAGG operated independently without government interference.
It enjoyed government cooperation on the mainland and in 2007 also
became active in Zanzibar. The commission employed more than 160
persons and operated with a government-financed budget of approximately
Tshs 2.8 billion (approximately $2,340,000). The commission received an
increased number of complaints on issues of human rights and
administrative justice, partly as a result of awareness campaigns
conducted through the media and countrywide rural visits by the
commissioners and investigative officers. They estimated that they
received approximately 2,000 new complaints during the year. Officials
said financial constraints limited the number of cross country visits;
otherwise they would have collected more complaints from the rural
public.
The union parliamentary committee for constitutional, legal, and
public administration is responsible for reporting and making
recommendations regarding human rights. Although the majority of
committee members were from the ruling CCM party, the committee
nevertheless acted independently of government and political party
influence, and most observers viewed it as an unbiased institution.
The Government continued to host the International Criminal
Tribunal for Rwanda War Crimes (ICTR) in Arusha, and the Government was
supportive of, and cooperated with, the ICTR. Authorities worked
jointly with the tracking team of ICTR's office of the prosecutor, the
INTERPOL National Central Bureau in Dar es Salaam, and INTERPOL's
Fugitive Investigative Services to arrest Callixte Nzabonimana, a
former Rwandan minister, wanted for his participation in the 1994
genocide. Nzabonimana was arrested in Arusha on February 19.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on nationality,
ethnicity, political affiliation, race, social status, or religion. The
law requires that anyone who wants to become a citizen must live in the
country for at least 10 years, have no criminal record, and be able to
speak Swahili. However, the Government did not always effectively
enforce these prohibitions. Discrimination based on gender, age, or
disability was not explicitly prohibited by law but was discouraged
publicly in official statements and by government policies.
Discrimination against women, refugees, minorities, and persons with
HIV/AIDS persisted, and ethnic tensions continued in some parts of the
country.
Women.--The law provides for life imprisonment for persons
convicted of rape, including spousal rape; however, rape continued to
be a serious problem. During the year several persons were prosecuted
and convicted for rape and battery, but only a small fraction of rape
cases resulted in court proceedings. At an August 2007 forum organized
by the Tanzania Media Women's Association, it was estimated that 80
percent of rape victims did not report their cases. Rape and sexual
abuse of girls and women with disabilities reportedly was prevalent
during the year.
A survey released in July by the Tanzania Media Women's Association
indicated that efforts to fight violence against women in Zanzibar were
undermined by insensitivity to gender-based violence by the police, the
judicial system, and hospital workers. According to the survey,
communities considered violence against women as a private matter and
discouraged victims from taking legal action. Furthermore, the survey
concluded that the way police and hospitals handled such cases
discouraged victims from seeking legal remedies. Respondents said that
some police officers made humiliating comments to women who reported
cases of rape, and sometimes asked for a bribe for their cases to be
processed. An example cited in the survey as typical was a 13-year-old
girl in Kumbini in Southern Pemba who reported that she was raped by
two men. On the advice of the police, the family accepted financial
compensation from the accused and dropped the case.
Domestic violence against women remained widespread. The law
prohibits assault but does not specifically prohibit spousal battery.
Cultural, family, and social pressures often prevented women from
reporting abuses, and authorities rarely took action against abusers of
women. Police reportedly were often reluctant to pursue domestic abuse
cases. Societal attitudes towards domestic violence are changing,
especially in urban areas. Increasingly, domestic violence is not
considered acceptable. During the year there were prosecutions and
convictions for spousal abuse of husbands who beat their wives. There
were also rare cases of husbands who took their wives to court for
abuse. NGOs such as Kiwohede and TAWLA regularly educated the public
about the laws concerning spousal abuse and provided education and
shelter assistance to victims.
The courts recognized domestic violence as grounds for divorce.
However, women often tolerated prolonged domestic abuse before seeking
a divorce. Women in urban areas who sought advice from legal aid
clinics most commonly cited domestic abuse as the reason for wanting a
divorce.
The law prohibits prostitution; however, prostitution remained
common. Prostitutes were occasionally arrested, but the police did not
keep official statistics on prostitution arrests. Rural women and young
girls immigrating to urban areas were most at risk for prostitution.
The law prohibits sexual harassment of women in the workplace, but
no statistics existed on the extent of its occurrence or on
effectiveness of enforcement.
Inheritance and marriage laws do not consistently provide full
equality for women, and in practice women's rights often were not
respected. The Ministry of Community Development, Women, and Children,
and the Ministry of Justice and Constitutional Affairs were responsible
for protecting the legal rights of women. Discrimination against women
was most acute in rural areas. Rural women had little opportunity to
attend school or obtain wage employment.
In family matters, the content and application of some customary
and Islamic laws was viewed by many as discriminatory against women.
The law gives individuals the right to use, transfer, and occupy
land without distinction of gender, and recognizes women's occupancy
rights (all land in Tanzania belongs to the Government), but
implementation was difficult because most women were unaware of the
law. Historically, rural women did not own land or manage businesses
because of cultural constraints and lack of education. Civil society
activists reported widespread discrimination against women in property
matters related to inheritance and divorce. This was particularly the
case in Zanzibar, but also in some parts of the mainland, where
activists maintained that judges relied on customary and Islamic law in
discriminatory fashion. Women were particularly vulnerable if they
initiated the separation from their partners or if their partners died.
In Zanzibar, women who became pregnant out of wedlock could be
sentenced to perform community service set by the Zanzibar director of
public prosecution.
In the private sector, there were complaints that women sometimes
faced discrimination because of employers' concerns that their
household obligations would be a professional limitation.
Children.--The law supported children's rights and welfare and in
practice the Government made efforts to address children's welfare,
including close cooperation with international and local organizations
working to assist neglected children and the country's estimated 2.5
million orphans.
Primary education was compulsory, free, and universal on both the
mainland and Zanzibar through the age of 15 for all children; however,
there were inadequate numbers of schools, teachers, books, and other
educational materials to meet the demand.
During the year fees continued to be charged for enrollment beyond
form one, the equivalent of the first year of high school. As a result,
many children did not have access to a complete secondary education.
The responsibility to pay for books, uniforms, and school lunches fell
primarily to parents.
Overall school completion rates were the same for boys and girls:
56 percent for primary school and 33 percent for secondary.
All children aged five years and younger had equal access to state-
provided medical care.
Child sexual abuse remained a problem, and there were several
convictions during the year; most persons convicted for the sexual
abuse of children were given the maximum sentence of 30 years'
imprisonment.
The law prohibits female genital mutilation (FGM), also known as
female circumcision; however, it continued to be practiced by some
tribes and families. During the year the Government embarked on an
education program for magistrates, police officers, doctors, and
community development experts on FGM. Statutory penalties for FGM on
girls under 18 ranged from five to 15 years' imprisonment, a fine, or
both, but those who conducted the illegal procedure were rarely
prosecuted. The law also provides for the payment of compensation by
the perpetrator to the person against whom the offense was committed.
The law provides that anyone who has custody, charge, or care of a
girl under 18 and who causes her to undergo FGM, commits the offense of
cruelty to children.
According to 2005 data, the Ministry of Health estimated that 5 to
15 percent of women and girls underwent FGM; their average age was less
than 10 years old, reportedly including some newborns. FGM was
practiced by approximately 20 of the country's 130 tribes and was most
prevalent in the mainland regions of Arusha, Singida, Kilimanjaro,
Morogoro, and Dar es Salaam. In other parts of the country, less than 5
percent of the population practiced FGM. Most frequently employed was
clitoridectomy, a less severe form of FGM; however, infibulation, the
most severe form, was also practiced, mainly in the northern highlands
and the central zone.
On June 11, it was reported that infants below one year of age in
Makiungu village, Singida region, were subjected to FGM by their
mothers-unlike in the past when the procedure was performed by
traditional healers called ``ngaribas.'' AFNET, an NGO dealing with
women's rights, reported that 47 out of 59 infants and girls up to age
5 who attended a village clinic in Singida region had undergone FGM.
There were no reports of prosecutions related to FGM during the
year. Enforcement of the anti FGM law was difficult for a number of
reasons: many police officers and communities were not aware of the
law; victims were often reluctant to testify; and some witnesses feared
reprisals from supporters of FGM. Corruption also was a factor; some
villagers reportedly bribed local leaders not to enforce the law in
order to carry out FGM on their daughters.
The Government continued to implement the 2001-15 national plan of
action for the prevention and eradication of violence against women and
children. This strategy sought the elimination of FGM by involving both
male and female practitioners and community leaders. Anti-FGM groups
urged parliamentarians and local officials to take a more active role
in enforcing the law.
During the year the Government and NGOs continued to make progress
toward eliminating the practice of FGM. The Anti-Female Genital
Mutilation Network and a coalition of anti-FGM NGOs engaged in
awareness-raising activities and conducted research on FGM. Anti-FGM
groups continued their attempts to educate the ngaribas about the
harmful effects of FGM and to train them for other occupations. The
chairman of the Tanga Regional Committee for Culture and Traditions
reported in July that reported incidents of FGM declined during the
year in Mkinga district, Tanga region, following efforts by local
communities to educate villagers about the long term and ill effects of
FGM. In some areas there were reports of local clinics educating
ngaribas on basic nursing skills to assist with community health
education.
Corporal punishment in schools remained a problem. Caning was
supported by law, although the practice continued to decline during the
year following public outreach efforts by the Government and the media.
Under the law, sexual intercourse with a child under 18 years is
considered rape regardless of consent; however, the law was not
effectively enforced. In an apparent contradiction, family law provided
for girls as young as 15 to be considered adults for the purposes of
marriage. The Manyoni District Court in Singida region sentenced a man
to 30 years in jail for marrying a 10-year-old girl. In many cases,
offenders bribed police or paid a bride price to the family of the girl
to avoid prosecution. In order to marry, a girl under 18 is required to
obtain the consent of her father, mother, or guardian; no consent is
required for an orphaned girl with no guardian. The courts also had
discretion to allow for marriages of parties who were 14 years old, for
example in the case of pregnancy. Additionally, the law allows Muslim
and Hindu girls to marry as young as 12 so long as the marriage is not
consummated until the girl reaches the age of 15.
Sexual activity with a female student, regardless of age or mutual
consent, is illegal. During the year the Government continued its
efforts to enforce the law penalizing anyone who impregnated a female
student. After the November 19 arrest of a secondary school teacher on
charges of rape of a female student, Deputy Minister of Education and
Vocational Training, Mwantumu Mahiza, said it was ``high time'' for
harsh penalties to be handed down on sexual offenders of female
students. The Government launched a national campaign, ``Learn without
Fear.'' The definition of schoolgirl was anyone in school through the
final year of a secondary education-generally about 18 years old.
UNICEF has stated there is no clear legal definition of a child in the
country.
The law criminalizes child prostitution; however, sexual
exploitation and trafficking in persons, including children, were
problems.
There were reports that individuals practicing witchcraft killed
children, especially children with albinism, for their body parts.
Infanticide continued to be a problem for poor rural mothers who
believed themselves unable to afford to raise a child.
The number of orphans in the country was estimated at 2.5 million,
most of them orphaned by AIDS. Most orphans were absorbed into other
families. Those who were not absorbed generally qualified as extremely
vulnerable individuals and received additional support and counseling
from the Government and several state-sponsored NGOs, including an NGO
run by the first lady, Salma Kikwete. There were significant numbers of
street children in Dar es Salaam and Arusha. Street children had
limited access to health and education services because they lacked a
fixed address and money to purchase medicines, school uniforms, and
books. They were also vulnerable to sexual abuse by older street
children and homeless persons.
Trafficking in Persons.--The comprehensive Anti-Trafficking in
Persons Act of 2008 was passed by the legislature and signed by the
president in August. However, the process of translating the law into
Swahili and vetting it for official publication was not completed at
year's end and the law was not yet in force. With no explicit
antitrafficking law in force, traffickers could be prosecuted for
related violations, such as rape or abuse.
The country is a source, transit, and destination country for men,
women, and especially children trafficked for the purposes of forced
labor and sexual exploitation. Most victims were trafficked internally
from poor rural areas. Boys are trafficked within the country for
forced labor on farms, in mines, and in the informal business sector.
Girls from rural areas are trafficked to urban centers and the island
of Zanzibar for domestic servitude; sexual exploitation was often
reported after young girls were brought into homes for forced labor. No
reliable statistics exist on the extent of trafficking.
Small numbers of persons were reportedly trafficked to South
Africa, Saudi Arabia, the United Kingdom, and possibly other European
countries for domestic servitude and sexual exploitation. Indian women
who entered the country legally to work as entertainers in restaurants
and nightclubs were at times exploited as prostitutes after arrival. It
was believed that in tourist areas, such as Zanzibar and Arusha, some
girls who were hired for hotel work, both locally and from India, were
later coerced into prostitution.
Trafficking methods varied. Victims were lured by false promises of
income, opportunity to attend school, and better living conditions,
especially from rural to urban areas. Some trafficking victims left
their homes with assistance from their families; some left on their own
to escape life in rural areas; and some were transported by someone who
offered to help them find city work, legitimate or otherwise. There
were reports that men recruited village girls who had completed primary
school but were not entering secondary school. The men offered the
girls money and employment and promised the girls a better life if they
accompanied them to urban areas; however, these girls ended up in
domestic labor or prostitution. Another method of trafficking involved
low-income parents entrusting children to wealthier relatives or
respected members of the community to care for the child as one of
their own. Some took advantage of this traditional practice and placed
children in abusive or exploitive situations.
Living conditions for trafficking victims were usually grim, with
only the most basic amenities, long working hours, little or no pay,
and missed educational opportunities.
In 2007 the IOM launched an awareness campaign concerning human
trafficking and encouraged public discussion of the issue by national
leaders and opinion makers. The IOM aired a documentary and distributed
articles and television news spots about trafficking. IOM also served
as the coordinating office for the Government's antitrafficking
stakeholders meetings, which included various ministries, NGOs, UN
agencies, and representatives of the international community.
During the year the leading NGOs concerned with trafficked
children, KIWOHEDE and Child in the Sun, assisted approximately 80
victims of trafficking, and medically screened 50 victims. In addition,
34 victims were offered school or vocational training and 50 children
were reunited with their families. Some rescued victims were provided
with grants for school or micro income generating projects. An NGO in
the Kilimanjaro region that specializes in rescuing children from the
mining industry, Mererani Good Hope Program, withdrew an estimated 750
from child labor and prevented 1300 from being lured into the worst
forms of child labor; all were assisted with school placements.
Children in low-income families were at significant risk of being
trafficked. Girls were more vulnerable than boys since they were
generally considered more of an economic burden on their families.
There were no prosecutions for trafficking as such during the year,
because the antitrafficking law had not entered into force.
Prosecutions generally proceeded only if other crimes, such as rape or
abuse, were associated with the act of trafficking in persons. Law
enforcement, prosecutors, and immigration officials at all levels went
through extensive training in the new antitrafficking legislation in
anticipation of its enactment. The Ministry of Health and Social
Welfare, with foreign cooperation, conducted training programs and
developed a training manual for health workers who have direct contact
with victims of trafficking.
In January the Anti-Human Trafficking Unit changed its policy
requiring trafficking victims to go to a police station to make a
statement. Instead, a plainclothes female police officer visited
shelters to obtain the victim's statement. The unit also hired a female
police sergeant to facilitate its interactions with female victims. A
24-hour crime hot line staffed by police officers was available for
citizens to make anonymous reports about suspected trafficking victims.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with disabilities, but there is no
implementing law to prevent discrimination under this provision.
Persons with physical disabilities were effectively restricted in
employment, education, access to health care, and other state services
by physical barriers and inadequate budget resources. Although the
Government mandates access to public buildings, transportation, and
government services for persons with disabilities through several
pieces of legislation, few buildings were accessible, not all
structures required building permits, and many buildings were
constructed before this requirement came into force. No funds were
available for retrofitting existing structures.
The ministries of education, justice, and labor were responsible
for enforcing the protection of rights of persons with disabilities for
education, legal claims, and labor rights, respectively. The Department
of Social Welfare had responsibility for coordinating disabilities
matters. A few local NGOs also tried to highlight the plight of persons
with disabilities.
There were reports that students with disabilities dropped out of
schools that lacked adequate facilities. For example, Braille paper and
tape recorders were generally not available for blind students. In
August the NGO Media Network for Disability (MWAKU) published findings
stating that 317 students with disabilities dropped out of school in
Dodoma and Morogoro regions during the year. The report cited poverty
and pregnancies as the chief reasons for dropping out. In April the
principal of the Malangani School for the Blind in Rukwa region claimed
that that region had more than 600 blind children whose parents and
guardians prevented them from attending school because they did not see
the benefit of educating a child with a disability such as blindness.
Indigenous People.--Unlike in the previous year, there were no
reports of disputes or other issues with indigenous people during the
year.
Other Societal Abuses and Discrimination.--Homosexuality was
illegal. The penal code makes it an offense punishable by up to five
years in prison to have carnal knowledge of any person of the same sex.
The law in Zanzibar establishes a penalty of up to 25 years'
imprisonment for men who engage in homosexual relationships and seven
years for women in lesbian relationships. There were no reports that
anyone was punished under the law during the year. Homosexuals faced
societal discrimination.
The Tanzania Parliamentarians' AIDS Coalition addressed
discrimination against persons infected with HIV/AIDS. However, there
were reports that discrimination in housing, healthcare, and education
continued to occur against the estimated 1.4 million persons in the
country living with HIV/AIDS. The Government, working with NGOs,
continued to sensitize the public about HIV/AIDS-related discrimination
and to create safeguards for HIV/AIDS patients' human rights. A network
of lawyers, policymakers, and doctors continued lobbying efforts and
other activities to deal with legal, ethical, and human rights problems
associated with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The union and Zanzibar governments
have separate labor laws. Workers on the mainland had the right to form
and join independent trade unions. Labor legislation for the mainland
established the Labor, Economic, and Social Council, the Commission for
Mediation and Arbitration, and the labor court. As of 2005 (the most
recent data available), approximately 27 percent of the formal sector
work force were members of the Trade Union Congress of Tanzania
(TUCTA), the sole labor federation. In the agricultural sector, the
country's single largest employer, an estimated 5 to 8 percent of the
work force was unionized.
A trade union or employers' association must register within six
months of its establishment; failure to register is a criminal offense.
Mainland workers have the legal right to strike and employers have
the right to a lockout after complying with certain legal requirements
and procedures. These rights are qualified according to the law. For
example, all parties to a dispute may be bound by an agreement to
arbitrate and neither party may then engage in a strike or a lockout
until that process has been completed. This occurred in October, when
the Government was granted a court injunction stopping hundreds of
thousands of teachers across the country from striking over unpaid
salaries and allowances. A judge ordered the teachers and the
Government into arbitration before allowing the teachers to go on
strike. At year's end arbitration continued.
A lawful strike or lockout is protected and does not constitute a
breach of contract, nor can it be considered a criminal offense. An
employer may not terminate the employment of an employee for
participating in a lawful strike, or terminate an employee who accedes
to the demands of an employer during a lockout.
The law restricts the right to strike when to do so would endanger
the life and health of the population. Workers in certain sectors
(water and sanitation, electricity, health services and associated
laboratory services, firefighting, air traffic control, civil aviation
telecommunications, and any transport services required for the
provisions of these services) are restricted from striking. Workers in
other sectors may also be subject to this limitation.
The labor law in Zanzibar applies only to private sector workers.
Zanzibar workers do not have the right to strike. They are not allowed
to join mainland-based labor unions. The Zanzibar labor law requires a
union with 50 or more members to be registered and sets literacy
standards for trade union officers. An estimated 40 percent of the
Zanzibar workforce is unionized.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining in the private sector, and workers
and employers practiced it freely during the year. In the public sector
the Government set wages administratively, including for employees of
state-owned organizations.
On the mainland, disputes are regulated and resolved by mediation
through the Commission for Mediation and Arbitration. If the mediator
fails to resolve a dispute within 30 days of referral, or any longer
period agreed upon in writing by both parties, either party to the
dispute may give notice of its intention to commence a strike or
lockout. If the mediation fails to resolve the complaint, the
Commission for Mediation and Arbitration may appoint an arbitrator to
decide the dispute, or it may be referred to the labor court.
In practice many private sector employers adopted antiunion
policies or tactics. On the mainland the law prohibits discriminatory
activities by an employer against union members; however, there were
reports of antiunion discrimination in the formal private sector during
the year. The law requires employers found guilty of antiunion
activities to reinstate workers.
On the mainland there are 23 export processing zones (EPZs); seven
of them are developer licensees and the rest are operator licensees. In
Zanzibar there are three free economic zones, which are treated as
EPZs. There are no special laws or exemptions from regular labor laws
in EPZs.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, forced and compulsory labor by
children occurred and children were trafficked primarily for forced
labor as domestic servants and to a lesser extent for commercial sexual
exploitation.
The law allows prisoners to work without pay on projects such as
agriculture within the prison so that the prison can be more self-
sufficient. Prisoners were also used as forced labor on projects
outside of the prison, such as road repair and government construction
projects.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the exploitation of children in the workplace. Under the
law the minimum age for contractual employment is 14 and children may
be employed only to do light work that is unlikely to be harmful to
their health and development and does not prejudice their attendance at
school. Children under 18 may not crew on a ship or be employed in a
mine, factory, or any other worksite where working conditions may be
hazardous.
The law establishes criminal penalties for employers of child labor
as well as forced labor; violators can be fined an amount not exceeding
Tshs. 4,680,000 (approximately $3,900), imprisonment for one year, or
both, but no penalties were reportedly imposed during the year, and
child labor remained a problem. A shortage of inspectors resulted in
little enforcement of child labor provisions. The most recent data
available, from 2000-2001, indicated that 35.4 percent of children ages
five to 14 were working.
The Government implemented some measures to ameliorate the problem,
including increasing the number of labor inspectors, ensuring that
children of school age attend school, imposing penalties on parents who
did not enroll their children in school, and sensitizing employers in
the formal sector against employing children below the age of 18.
In 2005 the International Labor Organization (ILO) and UNICEF
reported that children who left home to work as domestic laborers in
other towns or villages were often subjected to commercial sexual
exploitation. According to the trade union Conservation, Hotel,
Domestic, and Allied Workers Union and the ILO, the majority of
domestic child laborers were girls, mostly between the ages of 13 and
15. Most of them worked 12-14 hours per day, seven days a week, without
rest or extra compensation for the long hours worked; at times they
worked under abusive conditions. In many cases they were subjected to
forced labor as domestic servants or for commercial sexual
exploitation.
The ILO supported a project aimed at accelerating the removal of
children from the most abusive forms of child labor. The sectors
involved included commercial agriculture, mining, fishing, and domestic
work. In 2007 an estimated total of four thousand children were kept or
withdrawn from the worst forms of child labor. The Time Bound Program,
a project of support to the Government from ILO, worked toward a target
of preventing and withdrawing 22,000 children from the worst forms of
child labor by 2009. During the year, the Ministry of Labor, together
with ILO, launched a National Employment Policy, which deals
extensively with child labor issues.
Child labor was also widespread in Zanzibar; children were used in
fishing, clove picking, domestic labor, small business such as selling
cakes, and commercial sexual exploitation near tourist attractions.
The Ministry of Labor remained responsible for enforcement of labor
laws, together with the Commission for Mediation and Arbitration and
the labor court. The ministry continued conducting seminars on child
labor in different parts of the country.
Several government ministries, including the Ministry of Labor,
Youth Development, and Sports, have special child labor units.
e. Acceptable Conditions of Work.--New minimum wage standards took
effect in January. Divided into eight employment sectors, the lowest
minimum wage was Tshs. 65,000 ($55) per month for hotel workers and the
highest, Tshs. 350,000 ($300) per month for workers in the mineral
sector. Implementation proved difficult for some businesses, which
complained that they would have to raise salaries more than 100
percent.
TUCTA issued a statement threatening to call a nationwide strike
because the Government was not paying the minimum wage. The strike was
called off after President Kikwete promised workers that the Government
would pay the promised wages. However, at year's end the Government did
not say when it would start enforcing payment of the new minimum wages.
There were reports that to avoid providing required minimum salary
and benefits to employees employed for more than three months, some
employers fired employees before the three month period expired.
There was no standard legal workweek for private sector workers,
but most private employers retained a six-day, 44- to 48-hour workweek.
A five-day, 40-hour workweek was in effect for government workers.
Under most circumstances, it was illegal to employ women to work
between 10:00 p.m. and 6:00 a.m.; however, employers frequently ignored
this restriction.
Several laws regulate safety in the workplace. The Ministry of
Labor, Youth Development, and Sports managed an inspection system;
however, its effectiveness was limited. Labor standards were not
enforced in the informal sector, where most of the workforce was
employed.
Workers could sue an employer if their working conditions did not
comply with the Ministry of Labor's health and environmental standards.
There were no reported incidents during the year. Disputes are
generally resolved through the Commission for Mediation and
Arbitration.
__________
TOGO
Togo, with a population of 6.3 million, is a republic governed by
President Faure Gnassingbe, who was declared president in 2005 in an
election marred by severe irregularities. President Faure Gnassingbe
replaced his father, former president Gnassingbe Eyadema, who died in
2005 after 38 years in power. Eyadema and his party, Rally of the
Togolese People (RPT), strongly backed by the armed forces, had
dominated politics and maintained firm control over all levels of the
highly centralized government until his death. In October 2007 the
Independent National Electoral Commission (CENI) organized generally
free and fair legislative elections for the 81 seats in the National
Assembly. All major opposition parties participated in the elections,
and the opposition won a total of 31 seats. While civilian authorities
generally maintained effective control of the security forces, there
were instances in which elements of the security forces acted
independently.
The human rights situation in the country improved; however,
serious human rights problems continued, including: partial inability
of citizens to change their government; torture and other abuse of
detainees; rape; official impunity; harsh and life-threatening prison
conditions; arbitrary arrests and detention; lengthy pretrial
detention; executive influence over the judiciary; infringement of
citizens' privacy rights; restrictions on the press, including banning
media programs; restrictions on freedom of assembly and movement;
corruption; female genital mutilation (FGM) and violence against women;
discrimination against women; regional and ethnic favoritism;
trafficking in persons, especially children; child labor, including
forced child labor; and lack of workers' rights in export processing
zones (EPZs).
During the year the Government took significant steps to advance
human and political rights, including the organization of a Truth,
Justice, and Reconciliation consultation process meant to facilitate
forgiveness and reconciliation, aid the fight against corruption and
judicial impunity, and reinforce national unity in the country. The
Government waived public primary school fees and more than doubled the
minimum wage.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any confirmed politically motivated killings.
On August 15, an outspoken political leader and former government
minister was found dead on the beach in Lome. The results of an autopsy
performed by a coroner from the international NGO Physicians for Human
Rights were inconclusive but did disprove the findings of the Togolese
coroner, who had ruled the minister's death as a result of a drug
overdose. The Government did not investigate the minister's death
further.
Despite promises to investigate, the Government had not released a
report at year's end on the July 2007 killing of a soldier guarding the
national radio station, Radio Lome.
The Government took no action against the police officer who beat
Yaya Moussa to death in 2006.
During the year the Government held no trials and conducted no
prosecutions of the perpetrators of violence and vandalism related to
the 2005 presidential elections. In 2005 there were reports of mass
graves, and military personnel reportedly transported more than 100
unidentified bodies to unknown destinations. In 2005 the Government
created the Special Independent Investigation Commission to probe the
violence and vandalism that occurred before, during, and after the
election. The commission held security forces, the ruling party, and
opposition party members responsible for the violence and recommended
that individuals involved be prosecuted. However, the Government still
had not acted on the recommendations at year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however, such
practices continued to occur. There were numerous reports of torture or
mistreatment of detainees, according to Amnesty International (AI) in
its 2008 report. Impunity remained a problem, and the Government did
not prosecute publicly officials for such abuses.
Members of the security forces raped prostitutes who refused to
provide sex in exchange for being allowed to enter some sections of
Lome.
Prison and Detention Center Conditions.--Prison conditions remained
harsh, with serious overcrowding, poor sanitation, and unhealthy food.
At year's end Lome's central prison, built to accommodate 500
prisoners, held 1,557 inmates, including 39 women. Medical facilities
were inadequate, and disease and drug abuse were widespread. Sick
prisoners reportedly had to pay 1,500 CFA francs (approximately $3.30)
to guards before being allowed to visit the infirmary. There were
reports that prison officials sometimes withheld medical treatment from
prisoners. Lawyers and journalists reported that prison guards charged
prisoners a small fee to shower, use the toilet, or have a place to
sleep. Local press reported that prison guards sexually harassed female
prisoners.
The Government provided no statistics on the number of prison
deaths, but confirmed that prisoners died as a result of poor living
conditions.
The infants of convicted women were incarcerated with their
mothers. Pretrial detainees were not held separately from convicted
prisoners.
Local nongovernmental organizations (NGOs) were allowed access to
all prisons. Local NGOs also had access to military detention centers;
however, the visits by NGOs generally were announced well in advance.
In April 2007 a delegation of the UN Special Rapporteur on Torture
visited prison, gendarmerie, police, and military detention facilities
throughout the country without prior announcement and met with
detainees. The special rapporteur stated that prisons were overcrowded.
He noted evidence of ill-treatment by law enforcement officials, mainly
inflicted during interrogation to obtain a confession, and that
conditions in police custody and in most prisons amounted to inhumane
treatment. He reported that soldiers at the military camp of Kara
insulted and threatened the members of his delegation and prevented
them from visiting cells inside the camp.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, the Government did
not always respect these prohibitions.
Role of the Police and Security Apparatus.--The security forces
consist of the army, navy, air force, national security service
(including the national police and investigation bureau), and the
gendarmerie. The police are under the direction of the Ministry of
Security, which reports to the prime minister. The Ministry of Defense,
which reports directly to the president, oversees the gendarmerie and
military. Police and gendarmes are responsible for law enforcement and
maintenance of order. However, the army, charged with external security
by law, was in charge of domestic security. Approximately 80 percent of
the army's officers and soldiers were from the previous and current
presidents' ethnic group, the Kabye, which constitutes approximately 23
percent of the population.
Police generally were ineffective and corrupt, and impunity was a
problem. Police often failed to respond to societal violence. The
Government in general did not investigate or punish effectively those
who committed abuses, nor did it prosecute persons responsible in
previous years for unlawful killings and disappearances. No progress
was made in examining complaints from a collective of more than 100
victims of human rights abuses committed during the 2005 presidential
election. In 2007 the victims were asked to pay 25,000 CFA francs
(approximately $50) to the court to move their cases forward. Some of
the victims were unable to pay and withdrew their complaints. Others
paid the requested fee but still saw no progress on their cases during
the year.
In August 2007 newly recruited police agents randomly beat
civilians in an area of Lome; young men in the area had beaten a
policeman a day earlier. The chief of police stated that the
perpetrating police agents, as well as the men who beat the policeman,
would be arrested and prosecuted. However, by year's end there was no
new information available on the case.
In October the military trained about 40 senior and junior officers
and subordinates under the theme ``the role of the armed forces in the
promotion and protection of human rights.''
Arrest and Detention.--The law authorizes judges, senior police
officials, prefects, and mayors to issue arrest warrants; however,
persons were detained arbitrarily and secretly. Although detainees have
the right to be informed of the charges against them, police sometimes
ignored this right. The law allows authorities to hold arrested persons
incommunicado without charge for 48 hours, with an additional 48-hour
extension in cases deemed serious or complex. Family members and
attorneys officially had access to a detainee after 48 or 96 hours of
detention, but authorities often delayed, and sometimes denied, access.
The law stipulates that a special judge conduct a pretrial
investigation to examine the adequacy of evidence and decide on bail;
however, in practice detainees often were held without bail for lengthy
periods with or without the approval of a judge.
A number of persons detained in 2005 continued to be held without
trial in Lome Central Prison, including suspected critics of the
Government. Most reportedly were tortured or mistreated during the
first few days of detention, according to AI's 2007 report. An accurate
count of the detainees was not available. During the year a domestic
newspaper reported that six persons detained in 2005 in connection with
election-related violence remained in prison, although the Government
continued to claim that there were no political prisoners.
As during the previous year, the Government made some effort to
clear the backlog of criminal cases by providing free legal services
for 67 prisoners and preparing for trial 94 cases of pretrial
detainees.
A shortage of judges and other qualified personnel, as well as
official inaction, resulted in lengthy pretrial detention-in some cases
several years-and confinement of prisoners for periods exceeding the
time they would have served if tried and convicted. Almost 80 percent
of inmates were pretrial detainees.
On April 27, the 48th anniversary of the country's independence
day, the president released 297 prisoners who had served three quarters
of their sentences.
e. Denial of Fair Public Trial.--Although the constitution provides
for an independent judiciary, the executive branch continued to exert
control over the judiciary, and corruption was a problem. Lawyers often
bribed judges to influence the outcome of cases. The court system
remained overburdened and understaffed. A judicial reform process
started in 2005 and intended to last until 2010 was significantly
behind schedule.
There were three associations of magistrates in the country: the
Union of Magistrates of Togo (SMT), the National Association of
Magistrates (ANM), and the Professional Association of Magistrates of
Togo (APMT). A majority of the APMT members were supporters of
President Gnassingbe's party, the RPT. Judges who belonged to the pro
RPT APMT reportedly received the most prestigious assignments, while
judges who advocated an independent judiciary and belonged to the ANM
or SMT often were assigned to second-tier positions. For example, the
president of the Constitutional Court was the founder and leader of the
APMT; in Lome, the presidents of the Supreme Court, Court of Appeals,
and Court of First Instance were members of the APMT as were the public
prosecutor and the attorney general. In Kara, the president of the
Court of Appeals and the president of the Court of First Instance were
members of the APMT.
The Constitutional Court is the highest court for constitutional
issues while the Supreme Court is the highest court for civil judicial
cases. The civil judiciary system includes the Supreme Court, appeals
courts, and courts of first instance. A military tribunal exists for
crimes committed by security forces; its proceedings were closed. The
military court cannot try civilians. The military court does not accord
military defendants the same rights as civilians.
Trial Procedures.--The judicial system employs both traditional law
and the Napoleonic Code in trying criminal and civil cases. Defendants
do not enjoy a presumption of innocence. Defendants have the right to
be present at their trials. Trials were open to the public, juries were
used, and judicial procedures generally were respected. Defendants have
the right to counsel and to appeal. All defendants have the right to an
attorney and the bar association provides attorneys for the indigent.
Defendants may confront witnesses and present witnesses and evidence on
their own behalf. Defendants have the right to access government-held
evidence relevant to their cases, but in practice were denied that
right.
In rural areas, the village chief or council of elders is
authorized to try minor criminal and civil cases. Those who reject the
traditional authority can take their cases to the regular court system,
which is the starting point for cases in urban areas.
Political Prisoners and Detainees.--The Government denied the
existence of political detainees; however, six persons arrested after
the 2005 election and affiliated with the opposition reportedly were
being held in a prison near Kara, an area of strong RPT support. AI
reported that dozens of persons were in detention following the
election. Security forces sometimes moved political detainees to
informal detention centers under the control of the military or RPT
militia. Because the Government did not acknowledge any political
detainees, it did not permit any organizations to have access to them.
Civil Judicial Procedures and Remedies.--Both the constitution and
the law provide for civil and administrative remedies for wrongdoing,
but the judiciary did not respect such provisions, and most citizens
were unaware of them.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice. In
criminal cases, a judge or senior police official may authorize
searches of private residences; in political and national security
cases, security forces need no prior authorization.
Citizens believed that the Government monitored telephones and
correspondence, although such surveillance was not confirmed.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government
continued to restrict these rights. During the year the Government at
times interfered with radio stations. Journalists and radio and
television broadcasters practiced self censorship.
Although the Government did not officially censor individual
expression, most persons practiced self-censorship because of past
violent reprisals by government agents.
There was a lively independent press, most of which was heavily
politicized, and some of which was highly critical of the Government.
More than 25 privately owned newspapers were published with some
regularity. The only daily newspaper, Togo Presse, was owned and
controlled by the Government. The official media heavily slanted their
content in favor of the Government.
Radio remained the most important medium of mass communication.
Some private radio stations broadcast domestic news; however, they
offered little of the political commentary and criticism of the
Government that was widespread in the print media.
International media were allowed to operate freely.
The station director of Radio Lumiere, who fled the country after a
military detachment seized Radio Lumiere's broadcasting equipment in
2005, remained in self-exile. Radio Lumiere resumed broadcasting under
another director in 2005, but in July the High Authority of
Audiovisuals and Communications (HAAC) suspended all live debates on
the station.
The Government-owned Togo Television was the only major television
station. Eight smaller television stations operated during the year-
four covering sports or religion, two private political stations and
two independent political stations-but broadcast only to limited
geographic areas. TV7, an independent station, also carried weekly
political debates through the program ``Seven on Seven,'' a weekly
political forum in which governing and opposition party leaders, human
rights organizations, and other observers participated in discussions
of political issues and expressed either criticism or support for the
Government. La Chaine du Futur, a private station similar to TV7
created during the year, reported positively on the ruling government.
The constitution established the HAAC to provide for freedom of the
press, ensure ethical standards, and allocate frequencies to private
television and radio stations. Although nominally independent, in
practice the HAAC operated as an arm of the Government.
According to the NGO Committee to Protect Journalists, on February
19, the HAAC issued a ruling banning all editorials and commentary by
journalist Daniel Lawson-Drackey from private radio station Nana FM;
the ban continued at year's end. In February 2007 the president of the
HAAC temporarily had banned radio Nana FM from broadcasting commentary
by journalist Daniel Lawson-Drackey that criticized the minister of
territorial administration.
In January 2007 the president of the HAAC closed Radio Victoire for
ignoring two warnings to stop airing a program that French journalist
Jacques Roux presented. The program criticized the chairman of the
football federation. The HAAC stated that the French journalist had no
accreditation and was insulting authorities on air. The ban lasted for
15 days.
In June 2007 the HAAC temporarily suspended three newspapers: La
Trompette for four months for disrespecting its authority and for
refusing to publish a right of reply, Le Perroquet for two months for
publishing false news and for refusing to respect the press code, and
Le Courrier de la Republique for three months for refusing to publish a
right of reply.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Internet access was readily available except in remote rural locations.
Academic Freedom and Cultural Events.--The Government intimidated
academics by maintaining a security force presence at the University of
Lome. According to students and professors, a government informer
system continued to exist and undercover gendarmes attended classes.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the Government generally restricted this right, although less
than in previous years.
In March the Government denied applications for permits from the
Togolese Consumers Association to protest the high cost of living.
On April 15, military police used tear gas to disperse a group of
retired military members who were protesting the nonpayment of pension
arrears from 2000.
On April 16, a paratroop brigade broke up a group of students
protesting the condition of the University of Kara. Several injuries
were reported.
In February 2007 the Government published new rules for political
demonstrations. The rules provide that, in compliance with the Global
Political Agreement (which provided for a transitional unity government
to prepare for legislative elections), and to preserve public order,
political parties must hold their public demonstrations on a Saturday
or Sunday and must notify the Ministry of Security and the Ministry of
Territorial Administration 72 hours prior to the planned demonstration.
No notification is required for rallies on private property.
In August 2007 the Government banned street demonstrations planned
by several opposition parties, including the UFC, ADDI, and UDS-Togo.
The Government stated that the demonstrations aimed to block
preparations for the legislative elections.
In October 2007 security forces used tear gas to disperse a group
of UFC activists attempting to invade the CENI office after a meeting
that the party held at Freau Jardin, a local plaza. The UFC and the
media reported that security forces beat, brutalized, and insulted
demonstrators; an estimated 10 persons were injured and 25 arrested.
Freedom of Association.--Under the constitution and law, citizens
have the right to organize associations and political parties, and the
Government generally respected this right.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right.
The Government recognizes three main faiths as state religions:
Roman Catholicism, Protestantism, and Islam. Other religious groups,
such as animists, Mormons, and Jehovah's Witnesses, were required to
register as associations. Official recognition as an association
affords the same rights that the official religious groups enjoy.
Societal Abuses and Discrimination.--The Jewish community was very
small, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation; however, the Government restricted some of these rights
in practice. Checkpoints with armed security personnel and arbitrary
searches of vehicles and individuals were common. Security forces
frequently demanded bribes, which impeded freedom of movement. While
the Government reduced the number of official checkpoints to four
countrywide during the year, there were many unofficial checkpoints, at
which security forces solicited bribes.
On August 28 and August 30, two parliamentarians were prohibited
from departing the country because they did not have written permission
from the president of the National Assembly; written permission for
parliamentarians to travel is not required by law.
The constitution prohibits forced exile, and the Government did not
employ it. However, several opposition and human rights workers
remained in self-imposed exile because they feared arrest.
Of the 40,000 citizens who fled as refugees to Ghana and Benin
following election-related violence in 2005, most had returned due to
government outreach and facilitation agreements signed between the
Government, UNHCR and the Governments of Benin and Ghana. Approximately
4,600 refugees remained in Ghana and Benin at year's end.
Protection of Refugees.--The laws do not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, but the
Government has established a system for providing protection to
refugees. In practice, the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government granted refugee status or
asylum.
A voluntary repatriation program for 508 Ghanaian refugees remained
unimplemented because of continuing unrest and instability in Ghana
along the Togo-Ghana border. An unknown number of additional Ghanaian
refugees arrived during the year. Some of these refugees have been
integrated into society and no longer receive assistance.
The Government also provided temporary protection to approximately
420 individuals who may not qualify as refugees under the 1951
convention and its 1967 protocol.
The Government cooperated with the UNHCR and other humanitarian
organizations in assisting refugees and asylum seekers.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right partially
through legislative elections in October 2007 declared to be generally
free and fair by the international community. However, the National
Assembly exercised no real oversight of the executive branch of the
Government. In 2005 Faure Gnassingbe was declared president in an
election characterized by international observers as marred by severe
irregularities and violence, including the deaths of an estimated 500
persons.
After the October 2007 elections, the National Assembly comprised
three political parties, although cabinet members were drawn largely
from the party of the president. The Government remained highly
centralized. The national government appoints officials and controls
the budgets of government entities at all levels, including prefectures
and municipalities, and influences the selection of traditional chiefs.
Elections and Political Participation.--In October 2007 citizens
voted to elect the 81 members of the National Assembly in 31 electoral
districts, choosing from 2,000 candidates who ran on 395 party lists.
International and national observers monitored the elections and
declared them to be generally free, fair, transparent, and peaceful.
On October 23, CENI announced that the ruling RPT had won 50 seats,
the UFC 27 seats, and the Action Committee for Renewal (CAR) four
seats. The Constitutional Court, which is the final arbiter of all
electoral issues, concurred and issued definitive results on October
30.
A new government was appointed on September 15 after the
resignation of Prime Minister Komlan Mally following the completion of
his mandate.
In August the Government prohibited two opposition parliamentarians
from leaving the country because they did not notify the president of
the National Assembly. Both submitted their letters and were allowed to
leave several days later.
There were nine female members of the National Assembly and four
female ministers in the 28-member cabinet.
Members of the southern ethnic groups remained underrepresented in
both the Government and military.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials frequently engaged in
corrupt practices with impunity. For example, in 2007 the CAC levied
allegations of corruption against the director general of the Social
Security Agency, who remained in his position at year's end.
According to the Government's official interim poverty reduction
strategy paper, prepared in April, corruption and lack of transparency
in the management of public funds was a problem throughout the
Government. The constitution provides for the creation of a court of
accounts to oversee public expenditures; however, the Government had
not established it by year's end.
Officials were not subject to financial disclosure laws.
Although the press code provides for public access to government
information, the Government did not permit access for either citizens
or noncitizens, including foreign media. Reasons for denial were not
given.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
sometimes were cooperative but typically were not responsive to NGO
recommendations.
There were several domestic private human rights groups, including
the Togolese League of Human Rights, the Center for Observation and
Promotion of the Rule of Law, and the Togolese Association for the
Defense and Protection of Human Rights. Years of government threats and
intimidation of human rights leaders, combined with a lack of results
from human rights initiatives, have led some human rights groups to
become inactive.
The Government met with some domestic NGOs that monitor human
rights but took no action in response to their recommendations. In 2006
AI and other international NGOs criticized the Government for failing
to bring to justice those involved in election-related violence during
2005.
The Government generally cooperated with international governmental
organizations and permitted visits by UN representatives or other
organizations such as the International Committee of the Red Cross.
In April 2007 a delegation of the UN Special Rapporteur on Torture
visited prison, gendarmerie, police, and military detention facilities
without prior announcement throughout the country and met with
detainees. The special rapporteur stated that prisons were overcrowded.
He noted evidence of ill-treatment by law enforcement officials, mainly
inflicted during interrogation to obtain a confession, and noted
conditions in police custody and in most prisons amounted to inhumane
treatment. He reported that soldiers at the military camp of Kara
insulted and threatened the delegation and prevented it from visiting
cells inside the camp.
A permanent human rights committee exists within the National
Assembly, but it did not play any significant role in policymaking and
was not independent of the Government.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, religion, disability, language, or social status; however, the
Government did not enforce these provisions effectively.
Women.--The law criminalizes rape and provides for prison terms of
five to 10 years for anyone found guilty of the crime. The prison term
is 20 years if the victim is a child under 14, is gang-raped, or if the
rape results in pregnancy, disease, or incapacitation lasting more than
six weeks. The law does not specifically outlaw spousal rape. Although
the Government was diligent in investigating and prosecuting reports of
rape, victims were reluctant to report it because of the social stigma
associated with being raped. Rape was thought to be a widespread
problem throughout the country.
The law does not specifically prohibit domestic violence, and
domestic violence against women continued to be a widespread problem.
According to a local NGO, 614 women in Lome reported being victims of
domestic violence during the year. Police generally did not intervene
in abusive situations, and women were not made aware of the formal
judicial mechanisms designed to protect them.
The law prohibits prostitution, including operating a brothel, and
provides for fines of up to one million CFA francs (approximately
$2,200) for brothel owners and panderers. Prostitution in Lome was
fairly widespread since economic opportunities for women were severely
limited. Several prostitutes in Lome reported that they had to pay
security forces to pass through certain parts of town; this payment
most often took the form of sex or bribes. Members of the security
forces raped prostitutes who protested the payment. The Government did
not act to stop this practice.
A presidential decree, issued in 1984, prohibits sexual harassment
and specifically mentions harassment of female students; however,
authorities did not enforce the decree.
Although the law declares women equal under the law, women
continued to experience discrimination, especially in education,
pension benefits, and inheritance, as a consequence of traditional law,
which applies to the vast majority of women. A husband legally can
restrict his wife's freedom to work or control her earnings. In urban
areas women and girls dominated market activities and commerce;
however, harsh economic conditions in rural areas, where most of the
population lived, left women with little time for activities other than
domestic tasks and agricultural fieldwork. The labor code requires
equal pay for equal work, regardless of gender, but this provision
generally was observed only in the formal sector. There are no
restrictions on women owning property. Under traditional law a wife has
no maintenance or child support rights in the event of divorce or
separation and no inheritance rights upon the death of her husband.
Polygyny was practiced. Otherwise, women can own property with no
special restrictions. Women did not experience economic discrimination
in access to employment, credit, or managing a business.
During the year the Ministry of Social Affairs and Promotion of
Women, along with independent women's groups and concerned NGOs,
continued to campaign to inform women of their rights.
Children.--Although the law provides for the protection of
children's rights, government programs often suffered from a lack of
funding, materials, and enforcement. According to the year's budget,
4.2 percent of the national budget was allocated to education.
There were many practices that discriminated against children,
especially girls. A private radio station, Radio Zephir, sponsored by
the NGO Plan International, broadcast a weekly program for children
titled ``Children Also Have Rights.''
In July 2007, the Government put into effect the country's first
Child Code. The code provides for the protection of children's
economic, psychological, and moral rights and includes national and
international standards intended to protect children. The code
prohibits child trafficking, child prostitution, child pornography, the
employment of children in armed conflict, and other worst forms of
child labor, including the selling of children for sexual exploitation,
forced labor, or servitude. As a result of this code, during the year,
hundreds of children were released from service as assistants to
traditional healers.
The Government provided education in state schools, and school
attendance is compulsory for both boys and girls until the age of 15.
On October 1, the Government announced that public nursery schools and
primary schools would be free. According to the UN Children's Fund
(UNICEF), although 92 percent of boys and 85 percent of girls started
primary school only an estimated 58 percent of boys and 41 percent of
girls finished primary school. For secondary school, the net enrollment
was 34 percent for boys and 12 percent for girls, but only 19 percent
of boys and 9 percent of girls completed secondary school.
Orphans and other needy children received some aid from extended
families or private organizations but little from the Government. There
were social programs to provide free health care for poor children.
Child abuse was a widespread problem. Although the law explicitly
prohibits sexual exploitation of children and child prostitution, the
Government did not effectively enforce the prohibitions. The Government
continued to work with local NGOs on public awareness campaigns to
prevent exploitation of children.
The law prohibits FGM; however, according to UNICEF, FGM continued
to be perpetrated on approximately six percent of girls. Although no
statistics were available, the Government and NGOs believed the
practice had decreased significantly in urban areas since the 1998
anti-FGM law was passed but continued as previously in rural areas. The
most common form of FGM was excision, which was usually performed on
girls a few months after birth. Most of the larger ethnic groups did
not practice FGM. Penalties for practitioners of FGM range from two
months to five years in prison as well as substantial fines. However,
the law rarely was applied because most FGM cases occurred in rural
areas where victims generally were unaware of their rights. Traditional
customs often took precedence over the legal system among certain
ethnic groups. The Government continued to sponsor seminars to educate
and campaign against FGM. Several NGOs, with international assistance,
organized educational campaigns to inform women of their rights and how
to care for victims of FGM and worked to create alternative labor
opportunities for former practitioners.
Trafficking in Persons.--The law prohibits trafficking in children
but not adults; however, persons were trafficked to, from, and within
the country. The Government had little or no funding to investigate
traffickers. Police had limited success in intercepting victims of
trafficking, and prosecution of traffickers was rare. Detained
traffickers often can pay a bribe to secure their release; however,
during the year ten traffickers were arrested, and all remained in
prison at year's end.
Government agencies involved in antitrafficking efforts included
the Ministry of Social Affairs and Protection of Women, the Ministry of
Health, the Ministry of Security, the Ministry of Justice, the Ministry
of Labor, and the security forces (especially police, army, and customs
units). The Government cooperated with NGOs and the Governments of
Ghana, Benin, and Nigeria under a quadripartite law allowing for
expedited extradition among those countries.
The country remained a country of origin, transit, and destination
for trafficking in persons, primarily children. More young girls than
boys were victims of trafficking. Trafficking in women for the purpose
of prostitution or forced labor as domestic servants was a problem.
Trafficking occurred throughout the country. The majority of
trafficking victims were children from the poorest rural areas,
particularly those of Kotocoli, Tchamba, Ewe, Kabye, and Akposso
ethnicity and mainly from the Maritime, Plateau, and Central regions.
Adult victims usually were lured with phony job offers. Children often
were trafficked abroad by parents misled by false information.
Sometimes parents sold their children to traffickers for bicycles,
radios, or clothing and signed parental authorizations transferring
their children to the custody of the trafficker.
Children were trafficked into indentured and exploitative
servitude, which amounted at times to slavery. Most trafficking
occurred internally, with children trafficked from rural areas to
cities, primarily Lome, to work as domestics, produce porters, or
roadside sellers. The country was a transit point for children
trafficked from Burkina Faso, Ghana, Cote d'Ivoire, and Nigeria. There
were credible reports that Nigerian women and children were trafficked
through the country to Europe (particularly Italy and the Netherlands)
for the purpose of prostitution. Victims were trafficked elsewhere in
West Africa and to Central Africa, particularly Cote d'Ivoire, Nigeria,
and Gabon; to Europe, primarily France and Germany; and to the Middle
East, including Lebanon and Saudi Arabia. Children were trafficked to
Benin for indentured servitude and to Cote d'Ivoire and Ghana for
domestic servitude. Boys were trafficked for agricultural work to Cote
d'Ivoire, Nigeria, and Benin, and to Gabon for domestic servitude and
street labor. They were fed poorly, clothed crudely, cared for
inadequately, given drugs to work longer hours, and not educated or
permitted to learn a trade. There were reports that young girls were
trafficked to Nigeria for prostitution.
Traffickers were believed to be men and women of Togolese,
Beninese, and Nigerian nationalities.
The 2005 Law for the Repression of Child Trafficking provides for
prison sentences and fines for anyone who recruits, transports, hosts,
or receives trafficked children, as well as prison sentences for
parents who willingly facilitate the trafficking of their children. The
law provides for prison sentences from three months to 10 years and
fines ranging from one to 10 million CFA francs (approximately $2,200
to $22,000) for traffickers of children or their accomplices. Anyone
who assists or provides information, arms, or transportation to
facilitate the trafficking is considered an accomplice.
There were no reports that governmental authorities or security
force members facilitated or condoned trafficking in persons. There
were no reports that border guards, customs or immigration officials,
labor inspectors, or local police received bribes from traffickers,
although it was possible given the high level of corruption.
The Government, along with international and local NGOs and some
diplomatic representatives, continued to train judges, security forces,
and local volunteer committees on the 2005 antitrafficking law and
other existing texts; by year's end approximately 100 members of the
security forces had received such training.
Trafficking occurred at both official points of entry and covertly
at unrecognized, unmonitored border crossing points.
Local volunteer committees investigated reports of trafficking. The
ministries of education, interior, and social affairs worked with the
International Labor Organization (ILO) to establish approximately 300
antitrafficking committees in 2007.
The National Committee for the Reception and Social Reinsertion of
Trafficked Children is the focal point for statistics on child
trafficking and is represented in each prefecture. The committee worked
with local officials to reintegrate returned trafficking victims, and
during the year assisted in the repatriation of 55 trafficking victims,
including 52 children. Most of these children were reintegrated into
their communities.
The Government provided only limited assistance for victims,
primarily because of a lack of resources. The NGO Terre des Hommes
assisted recovered children until their parents or other next of kin
could be notified. Assistance was also available from the Government-
funded Social Center for Abandoned Children. The center sends recovered
children to school or finds apprenticeships for them. CARE
International-Togo worked with NGOs including Terre des Hommes, La
Colombe, RELUTET and Ahuefaon reintegration of trafficked children,
awareness campaigns for parents and communities, keeping children in
school, and supporting women's income-generating activities.
During the year local officials, especially the Ministry of Social
Affairs, worked closely with numerous NGOs, including Plan Togo, the
World Association for Orphans-Afrique, CARE International-Togo, and
Terre des Hommes, to conduct public awareness campaigns and training
workshops for lawyers, journalists, judges, NGO representatives, and
security personnel. The ILO and UNICEF assisted the Government in
organizing and training regional and local committees and in
sensitizing and educating parents on the dangers of child trafficking
and labor throughout the country. On June 17, the president presided
over a day-long workshop that analyzed different aspects of trafficking
in persons.
Persons With Disabilities.--A law enacted in 2005 prohibits
discrimination against persons with disabilities in employment,
education, access to health care, or in the provision of other state
services, but the Government did not effectively enforce these
provisions. There was no overt government discrimination against
persons with disabilities, and some held government positions, but
societal discrimination against persons with disabilities was a
problem. The Government does not mandate accessibility to public or
private facilities for persons with disabilities, although some public
buildings have ramps. Although the law nominally obliged the Government
to aid persons with disabilities and shelter them from social
injustice, the Government provided only limited assistance.
National/Racial/Ethnic Minorities.--The relative dominance in
private sector commerce and professions of members of southern ethnic
groups, and the relative prevalence in the public sector and especially
the security forces of members of the former and current presidents'
Kabye and other northern groups, were sources of political tension.
Political parties tended to have readily identifiable ethnic and
regional bases: the RPT party was more represented among northern
ethnic groups than among southern groups; the reverse was true of the
UFC and CAR opposition parties.
In addition, due to the congruence of political divisions and
ethnic and regional divisions, human rights abuses motivated by
politics at times had ethnic and regional overtones.
Other Societal Abuses and Discrimination.--A 2005 law prohibits
discrimination against persons infected with HIV/AIDS. The Government
sponsored broadcasts aimed at dissuading discrimination. However,
persons infected with HIV/AIDS continued to face significant societal
discrimination.
There was also societal discrimination based on sexual orientation.
Homosexuality is illegal. The penal code provides that a person who
engages in a homosexual act may be punished by one to three years'
imprisonment and fined 100,000 to 500,000 CFA francs (approximately
$220 to $550).
Section 6. Worker Rights
a. The Right of Association.--The constitution and law provide
workers, except security forces (including firefighters and police),
with the right to form and join unions, and they exercised this right
in practice.
Approximately 60 to 70 percent of formal sector workers were union
members or supporters.
The constitution and law provide most workers with the right to
strike, including for members of the security forces and government
health workers, although the latter must ensure minimal services. The
2006 labor code prohibits retribution against strikers by employers.
However, in July, after a strike of five hours and 30 minutes by the
employees of the national phosphate company, Societe Nouvelle des
Phosphates du Togo, nine of the strikers were fired.
In January health workers went on strike to protest work
conditions. The minister of health promised to meet their conditions;
however, nothing was done, and the health workers went on strike again
in September. As a result of the September strike some of the strikers'
conditions were met; some received overtime pay from 2007, and others
were promised ``risk pay'' for performing dangerous activities.
In September 2007 the Government responded to a threatened strike
by agreeing to pay arrears on civil servant salaries and on pension
payments for retired public and private sector workers.
b. The Right to Organize and Bargain Collectively.--The
constitution and the labor code nominally provide workers the right to
organize and bargain collectively; however, the Government limited
collective bargaining to producing a single nationwide agreement that
had to be negotiated and endorsed by representatives of the Government,
labor unions, and employers. All formal sector employees were covered
by the collective bargaining agreement that set nationwide wage
standards for all formal sector workers. The Government participated in
this process both as a labor-management mediator and as the largest
employer in the formal sector, managing numerous state-owned firms that
monopolized many sectors of the formal economy. Individual groups in
the formal sector could attempt to negotiate agreements more favorable
to labor through sector-specific or firm-specific collective
bargaining, but this option was rarely used.
The Ministry of Labor failed to enforce the prohibition against
antiunion discrimination.
The law provides exemptions from some provisions of the labor code,
notably the regulations on hiring and firing for companies in the EPZs.
Employees of EPZ firms did not enjoy the same protection against
antiunion discrimination as did other workers. Workers in the EPZs were
prevented from exercising freedom of association, because unions did
not have free access to EPZs or the freedom to organize workers there.
c. Prohibition of Forced or Compulsory Labor.--The labor code
prohibits forced or compulsory labor, including by children; however,
such practices occurred. Children sometimes were subjected to forced
labor, primarily as domestic servants, porters, and roadside sellers.
Forced or compulsory labor by children was a problem.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code prohibits the employment of children under the age of 15 in
any enterprise, prohibits children under age 18 from working at night,
and requires a daily rest period of at least 12 hours for all working
children. However, the Government did not effectively enforce child
labor laws, and child labor was a problem. Some children started work
at age five and typically did not attend school for most of the school
year.
Children are found working in both rural and urban areas,
particularly in family-based farming and small-scale trading. In some
cases children worked in factories.
For some types of industrial and technical employment, the minimum
age is 18. Inspectors from the Ministry of Labor enforced these age
requirements, but only in the formal sector in urban areas. In both
urban and rural areas, particularly in farming and small scale trading,
very young children traditionally assisted in their families' work. In
rural areas, parents sometimes placed young children into domestic work
in other households in exchange for one-time fees as low as 12,500 to
17,500 CFA francs ($28 to $39).
Children were trafficked into indentured and exploitative
servitude, which amounted at times to slavery.
There were credible reports that Nigerian women and children were
trafficked through the country to Europe, particularly to Italy and the
Netherlands, for the purpose of prostitution.
The Ministry of Social Affairs and Promotion of Women was
responsible for enforcing the prohibition of the worst forms of child
labor. In July 2007 the National Assembly adopted the Child Code that
prohibits the employment of children in the worst forms of child labor,
including child trafficking, child prostitution, child pornography, and
the use of children in armed conflict. Due to limited resources, the
enforcement of child labor laws was weak. The ministry funded a center
for abandoned children and worked with NGOs to combat child
trafficking.
e. Acceptable Conditions of Work.--The Government sets minimum
wages for different labor categories, ranging from unskilled through
professional positions. There was no minimum wage for workers in the
informal sector. In practice employers often paid less than the
official minimum wage, mostly to unskilled workers. In August the
Government raised the official monthly minimum wage from 10,000 to
16,000 CFA francs (approximately $22 to $36) to 28,000 francs CFA
($62). However, the new wage did not provide a decent standard of
living for a worker and family. Many workers supplemented their incomes
through second jobs or subsistence farming. The Ministry of Labor and
Social Security is responsible for enforcement of the minimum wage
system, especially in the private sectors, but did not enforce the law
in practice.
Working hours of all employees in any enterprise, except for the
agricultural sector, normally are not to exceed 40 hours per week; at
least one 24-hour rest period per week is compulsory, and workers are
expected to receive 30 days of paid leave each year. Working hours for
employees in the agricultural sector are not to exceed 2,400 hours per
year (46 hours per week). The law requires overtime compensation, and
there are restrictions on excessive overtime work; however, the
Ministry of Labor's enforcement was weak, and employers often ignored
these provisions.
A technical consulting committee in the Ministry of Labor sets
workplace health and safety standards. It may levy penalties on
employers who do not meet the standards, and employees have the right
to complain to labor inspectors of unhealthy or unsafe conditions
without penalty. In practice the ministry's enforcement of the various
provisions of the labor code was limited. Large enterprises are obliged
by law to provide medical services for their employees and usually
attempted to respect occupational health and safety rules, but smaller
firms often did not. Although workers have the legal right to remove
themselves from unsafe conditions without fear of losing their jobs, in
practice some could not do so. Labor laws also provide protection for
legal foreign workers.
__________
UGANDA
Uganda, with a population of 30 million, is a constitutional
republic led by President Yoweri Museveni of the dominant National
Resistance Movement (NRM) party. The 2006 presidential and
parliamentary elections generally reflected the will of the electorate;
however, both were marred by serious irregularities. Violence in the
Karamoja region was fueled by an influx of small arms and resulted in
deaths and injuries. Lord's Resistance Army (LRA) terrorist leader
Joseph Kony refused to sign a final peace agreement mediated by the
Government of Southern Sudan; however, there were no reports of LRA
attacks or kidnappings or reports of government killings of suspected
LRA rebels within the country during the year. On December 14, the
Governments of Uganda, Southern Sudan and the Democratic Republic of
Congo (DRC) launched a joint military operation against the LRA, which
was based in the DRC's Garamba National Park; the operation was ongoing
at year's end. While civilian authorities generally maintained
effective control of the security forces, elements of the security
forces occasionally acted independently of government authority.
The Government's human rights record remained poor. Although there
were improvements in a few areas, serious problems remained, including
unlawful killings by security forces; mob violence; torture and abuse
of suspects by security forces; poor prison conditions; official
impunity; arbitrary arrest; incommunicado and lengthy pretrial
detention; restrictions on the right to a fair trial and on freedoms of
speech, press, assembly, association, and religion; sexual abuse of
internally displaced persons (IDPs) in camps; restrictions on
opposition parties; electoral irregularities; official corruption;
violence and discrimination against women and children, including
female genital mutilation (FGM) and sexual abuse of children;
trafficking in persons; violence and discrimination against persons
with disabilities and homosexuals; restrictions on labor rights; and
forced labor, including child labor.
The LRA, which relocated to the DRC in 2005, was responsible for
killing, raping, and kidnapping hundreds of persons in the DRC, Central
African Republic (CAR), and Sudan. The LRA continued to hold children
it had forcibly abducted from Uganda.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
security forces were responsible for killings during apprehension and
for deaths in custody, some due to torture. The Government generally
punished perpetrators appropriately.
On January 20, Special Police Constables (SPCs) Simon Kirabira and
Peter Serukwaya killed Jovina Busulwa and Patrick Maale Sentumbwe while
trying to arrest a suspect in Nansana, a Kampala suburb. Eyewitnesses
reported that the SPCs shot indiscriminately into the suspect's home.
An investigation into the incident was ongoing at year's end.
On September 26, the Kampala High Court found SPCs Moses Byansi,
Jackson Kashaija, Mesach Tumuhairwe, Nathan Karungi, George Lwali, and
John Rungulu guilty of the March 25 killing of Edward Nyamwihura, a
suspect in the killing of a resident of Nalukonge Kyankwanzi village in
Kiboga District; all six were sentenced to death.
On September 16, Uganda People's Defense Forces (UPDF) soldiers
Muzamir Angufi, John Opio, Martin Menya, and Edward Pyenkya tortured to
death Muron Lomunan, the Local Council I chairman of Lokitaleb Village,
during a cordon and search operation in Kotido District, Karamoja
region. On October 13, the Kotido District Third Division Court Martial
sentenced each of the four soldiers to 12 years' imprisonment and
dismissed them from the army with disgrace. On October 15, the court
martial sentenced Lieutenant Richard Watum to 14 years' imprisonment
for ordering the torture and dismissed him from the army.
During the year several security force members were punished for
2007 and 2006 killings. For example, on January 22, the Moroto District
Third Division Court Martial found UPDF private John Achilam guilty of
killing a civilian during a cordon and search operation in November
2007. He was sentenced to six months in prison.
On February 29, the Moroto District Third Division Court Martial
found UPDF Presidential Guard Brigade (PGB) member Zepha Muhumuza
guilty of killing Rukia Nandago, Collins Nabende, and Moses Kiwani in
April 2007. Muhumuza was sentenced to death.
On June 28, the Gulu District Fourth Division Court Martial found
UPDF soldiers Michael Ocwir, Richard Baguma, and Geoffrey Lubwama
guilty of killing suspected chicken thieves Wilfred Kinyera and Joel
Orem in 2006. All three were sentenced to death.
Several 2007 cases involving security force killings remained
ongoing at year's end, including the trial of Peter Ahimbisibwe, who
was arrested for the April killing of presidential office official
Nelson Ssendegeya; the May death of Faizal Kirunda from injuries
inflicted by authorities at the Malukhu Prison in eastern Uganda; the
October killing of suspect Ronald Bukyayanga by three Nabbingo SPCs;
the October killing of Rogers Mugenyi by a Kampala traffic police
officer; and the October rape and killing of a woman by UPDF soldier
Ochen Obonyo.
Local Defense Unit (LDU) members were responsible for killings
during the year. For example, on July 2, LDU member Kenneth Albino
killed civilians David Olah, Ismail Okello, and Obina Torit in a
nightclub following a quarrel over a woman in Omiya-Nyima IDP camp,
Kitgum District. On July 15, police arrested Albino, who pled guilty to
three counts of murder before a court martial in Kitgum. The case was
pending at year's end.
Murusi Katusabe, an LDU member arrested for the April 2007 killing
of two civilians, remained at large.
Mob attacks against persons suspected of committing crimes resulted
in deaths. Witnesses rarely cooperated with police, making
investigation of such incidents difficult.
For example, on July 10, a mob in Mukono District burned to death
Alex Sendawula, who had reportedly tried to steal a bicycle in Lugazi
Town.
On September 10, a mob in Luweero District burned to death
suspected thieves Godfrey Matovu, Yusuf Kasozi, and Fred Kiwanuka. On
October 1, police arrested Musa Mungomaon for suspected involvement in
the incident, and the case remained pending at year's end.
There were no developments in 2007 cases of mob violence.
In the Karamoja region, there were fewer interclan cattle raids
between Karamojong tribes in the east; however, violence in the region
continued. Deaths from cattle raids, the UPDF's response to those
raids, and the Government's forced disarmament campaign resulted in 74
deaths during the year, according to UPDF records. In October the UN
Office for the Coordination of Humanitarian Affairs (OCHA) reported
that incursions of illegally armed Karamojong in neighboring districts
decreased during the year, which OCHA attributed to the deployment of
police units to the area to prevent cattle theft.
While there were no reports of LRA attacks within the country
during the year, the group killed numerous persons in the DRC, CAR, and
Sudan. For example, on June 6, an LRA attack on the Sudanese People's
Liberation Army (SPLA) resulted in the deaths of 14 SPLA soldiers and
nine civilians. Between September 4 and 5, rebels killed two residents
of Dimba, DRC, and raped 16 women from the village.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year; however, some disappearances from
earlier years remained unresolved. The Forum for Democratic Change
(FDC) reported that the whereabouts of party member Robert Mugyenyi,
who disappeared in 2006, remained unknown at year's end.
There were no reports of LRA abductions in northern Uganda;
however, an estimated 5,000 of the 40,000 children and young adults
abducted by the LRA in previous years remained unaccounted for,
according to the international nongovernmental organization (NGO) Save
the Children. The LRA continued to abduct children and adults in the
DRC, CAR, and Sudan.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were credible reports that security forces tortured and beat
suspects, and that detainees died as a result of torture. Torture
generally occurred in unregistered detention facilities and was
intended to force confessions. The Uganda Human Rights Commission
(UHRC) received 197 complaints of torture during the year.
The UHRC, Human Rights Watch (HRW), the Foundation for Human Rights
Initiative (FHRI), and other human rights organizations reported
incidents of torture by security forces, including caning; severe
beating with rifle butts, sticks, and electric cables; removal of
fingernails; hammering needles into the body; electric shock; use of
snakes, ants, and chemical substances; rape; and inflicting pain to the
genitals. From January to August, the African Center for Treatment and
Rehabilitation of Torture Victims (ACTV) registered 10 cases of torture
against SPCs, eight against the UPDF and its Chieftaincy of Military
Intelligence (CMI), and three against the Violent Crime Crack Unit
(VCCU) or Rapid Protection Unit. Torture victims included political
activists and detainees.
In October SPC Eric Kiirya shot and injured Masaba Bakari, who
defied traffic police directives to stop in Mazulu village, Namutumba
District. A police investigation was ongoing at year's end.
Police use of excessive force to disperse opposition politicians
and demonstrators resulted in injuries. (See Section 2.b.)
For example, on June 10, in Kampala, police arrested, assaulted,
and nearly stripped naked Kampala District Member of Parliament (MP)
Nabilah Sempala for allegedly conducting an illegal rally in her
district; Sempala was subsequently released. The Parliamentary
Committee on Defense and Internal Affairs was investigating the case at
year's end.
The UHRC tribunal made 19 rulings on torture cases from previous
years, including awarding 20 million shillings ($10,666) to Constable
Sam Etimu Opio as compensation for the 2004 torture death by the
defunct Arrow Boys, a paramilitary group, of his brother Richard
Okello. During the year the tribunal also awarded 28 million shillings
($14,776) to Charles Omony for having been tortured by UPDF soldiers in
Gulu in 2003.
Mobs attacked persons suspected of stealing and other crimes,
resulting in deaths and injuries. Motivated in part by lack of
confidence in law enforcement and the judicial system, mobs beat,
lynched, and otherwise mistreated their victims.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and frequently life threatening. In addition there were reports
that security forces and guards tortured inmates, although the
September FHRI report noted improved treatment of inmates by wardens
and fewer incidents of corporal punishment. Unlike in the previous
year, there were no reports that prison officials raped detainees.
Forced labor in prisons countrywide remained a problem and resulted in
one death during the year.
Prison conditions came closest to meeting international standards
in Kampala, where medical care, running water, and sanitation were
provided; however, these prisons also were among the most overcrowded.
There were an estimated 26,000 prisoners in the prison system at the
end of July, approximately three times the capacity. Severe
overcrowding was also a problem at juvenile detention facilities and in
female wings of prisons. The Kampala remand home, designed for 45
persons, held 131 children. The reception center, designed for 30
prisoners, held 63 juveniles under the age of 12. Serious problems in
prisons outside of Kampala included congestion, inadequate staff, and
lack of food, water, medical care, and bedding, although FHRI reported
that access to medical care improved during the year, especially for
HIV/AIDS patients in prisons in Lira, Apac, and Lusira.
Overcrowding, malnutrition, poor sanitation, disease, overwork, and
lack of medical care resulted in 149 prisoner deaths nationwide,
according to the Prisons Service.
On April 8, Isaac Apungia, an inmate at Amuria prison in northern
Uganda, collapsed and died after he was subjected to harsh conditions
on a prison farm. Apungia was reportedly forced to dig after he
complained of health problems. A police investigation was ongoing at
year's end.
On June 29, prisoners Geoffrey Akandwanaho, Fred Mugisha, and
Ephraim Nankunda were found dead in Kiruhura prison. A Prisons Service
investigation determined that severe overcrowding had caused all three
to suffocate. No action was taken against prison authorities.
Female prisoners in central prisons were held in separate
facilities; however, services and facilities for female prisoners in
local prisons, including separate cells, were lacking in some parts of
the country. The Prisons Service had no budget for pregnant women or
mothers of infants, although the number of infants in female prisons
increased during the year, according to FHRI. Due to lack of space in
juvenile facilities, minors were held in prisons with adults. Pretrial
detainees in Kampala prisons were separated from convicted prisoners,
but pretrial detainees and convicted prisoners in the rest of the
country were sometimes held together.
During the year the Government permitted access to prisons by the
International Committee of the Red Cross (ICRC), foreign diplomats, and
local NGOs, principally FHRI and the Uganda Prisoners' Aid Foundation.
However, authorities required advance notification of visits.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit such practices; however, members of the security forces
arrested and detained citizens arbitrarily during the year.
Role of the Police and Security Apparatus.--The Uganda Police Force
(UPF), under the Ministry of Internal Affairs, has primary
responsibility for law enforcement. The UPDF is the key armed force
charged with external security but has had partial responsibility for
maintaining order in the north, where it was deployed to protect
civilian IDPs from rebel attacks and to prevent violence resulting from
interclan cattle raids in the Karamoja region. The Internal Security
Organization (ISO) and External Security Organization (ESO), key
security agencies and intelligence-gathering entities under the direct
control of the president, occasionally detained civilians. The CMI,
under UPDF authority although it often acted as a semi-autonomous unit,
detained civilians suspected of rebel and terrorist activity, as did
the ISO and ESO. LDUs reinforced government efforts to protect
civilians from LRA attacks; they also sometimes participated in
offensive military operations and carried out police functions.
The UPF continued to be constrained by limited resources, including
low pay and lack of vehicles, equipment, and training. Corruption and
impunity were problems. Nineteen police officers faced charges of
corruption, and their cases were pending at year's end. No police
officers were discharged or dismissed for accepting bribes. The UPF
Human Rights Desk investigated complaints of police abuses, including
mismanagement of case papers; torture and harassment; unlawful arrest
and detention; abuse of office; irregular or discreditable conduct; and
corrupt practices.
During the year the UPDF continued efforts to transfer
responsibility for law enforcement in the north and in the Karamoja
region to the UPF. In conjuction with the UHRC and international
organizations such as the ICRC and the UN Office of the High
Commissioner for Human Rights (UNHCR), the UPDF, and the police
continued a training program to educate military officers on
internationally recognized human rights standards. In April 500 UPDF
soldiers and 173 police officers attended human rights information
sessions. During the year 25 UPDF instructors and legal officers,
including military media and medical staff, attended the seventh two-
week ``Training of Trainers'' course in Jinja. The police, UPDF, and
Prisons Service also used human rights manuals in their training
programs.
LDUs, which were poorly equipped and trained, were responsible for
numerous human rights abuses.
Arrest and Detention.--The law requires that judges or prosecutors
issue search warrants before arrests are made; however, in practice,
suspects often were taken into custody without warrants. Until March
26, when the Constitutional Court nullified the provision, the law
required suspects to be charged within 48 hours of arrest; suspects
frequently were held longer. Suspects arrested under the Antiterrorism
Law must be brought to trial or released on bail within 120 days (360
days for a capital offense); however, if the case is presented to the
court before the expiration of this period, there is no limit on
pretrial detention. Detainees must be informed immediately of the
reasons for their detention, although authorities did not always
enforce these procedural protections in practice. The law provides for
bail at the discretion of the judge, and bail was generally granted
with stringent conditions. Detainees are required by law to have access
to a lawyer; however, many went without legal representation. Indigent
defendants accused of capital offenses are provided attorneys at state
expense. The law provides for family visitation, but incommunicado
detention remained a problem during the year.
Mass arrests during police sweeps for criminals remained a problem,
as did arrests based on treason charges. Treason suspects were
subjected to numerous abuses, such as detention without charge,
detention in unregistered and unofficial locations, and mistreatment,
including torture. The Prisons Service held 33 pretrial treason
suspects during the year. The UHRC received 72 complaints during the
year from persons who claimed they were arbitrarily arrested, 13 of
which were confirmed by the UHRC tribunal. The Government paid
compensation to victims of arbitrary arrest during the year, but
government compensation was often slow in coming. On April 23, UHRC
Chairperson Margret Sekaggya petitioned parliament to establish a
national fund to pay victims; past compensation payments have been made
from general government funds administered by the Ministry of Justice
and Constitutional Affairs.
Human rights groups reported that civilians were detained in
military facilities and unregistered detention facilities known as safe
houses. Human rights groups continued to receive credible allegations
that CMI ordered detainees held incommunicado at police stations or in
so-called safe houses. According to the FHRI, the CMI held two
civilians incommunicado during the year, one of whom died; the Joint
Antiterrorism Task Force held 14 incommunicado. None of the detainees
had been released by year's end.
Police arbitrarily arrested activists and demonstrators during the
year. (See Section 2.b.)
No action was taken in the 2006 case of Muwanga Kivumbi, the
national coordinator of Popular Resistance Against Life Presidency, who
was arrested, interrogated for seditious remarks, and released.
Case backlogs in the judicial system contributed to pretrial
detentions of between two and three years but sometimes as long as
seven years. The Prisons Service reported that over half of its 29,000
inmates were pretrial detainees. The UHRC heard several cases brought
by prisoners challenging the length of their detention. In May the
Government appointed 12 judges to expedite adjudication, following
notification by parliament's Internal Affairs Committee that 29 inmates
at the Kigo Prison in Kampala were on remand for over five years for
lack of judges to hear their cases. Judges on circuit rides to the
north heard 331 of the 384 cases before them resulting in the release
of 103 prisoners during the year.
In October CMI denied reports that 300 UPDF soldiers attached to
the PGB had been detained without charge for one to five years in
Luzira, Makindye, and Katabi prisons.
Amnesty.--The Government has offered a blanket amnesty since 2000
to former combatants for treason charges to encourage defection from
the LRA and other rebel groups. Almost 23,000 individuals benefited
from the law since its implementation, over half of whom were former
LRA combatants.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
this provision in practice; however, the president has extensive legal
powers of judicial appointment. The president appoints Supreme Court,
High Court, and Court of Appeal judges with the approval of parliament.
The president also nominates, for the approval of parliament, members
of the Judicial Service Commission, who make recommendations on
appointments to the judiciary. The judiciary ruled against the
Government on several high-profile cases during the year. Lower courts
remained understaffed, weak, and inefficient.
Judicial corruption was a problem, and in May the Judicial Service
dismissed Gaster Mugoya, Mwanga II Court Chief Magistrate, for
corruption and abuse of office.
The corruption case against Solicitor General Lucien Tibaruha and
acting Director for Litigation Joseph Matsiko, who were indicted by the
Inspectorate General of Government (IGG) in May 2007 for mismanaging
cases that resulted in financial loss to the Government, remained
pending. In June 2007 the High Court invalidated Tibaruha's indictment,
but in September 2007 President Museveni ordered Tibaruha to vacate his
office. Both Tibaruha and Matsiko remained out of office, despite the
High Court's decision, at year's end.
The highest court is the Supreme Court, followed by the Court of
Appeal, which also functions as the Constitutional Court, the High
Court, magistrate's courts, and local council (LC) subcounty courts,
parish courts, and village courts. The LC courts have the authority to
settle civil disputes, including land ownership and debt cases, and
criminal cases involving children. These courts, often the only ones
available to villagers, reportedly exceeded their authority by hearing
criminal cases not involving children. Decisions made by LC courts can
be appealed to magistrate's courts, but there often were no records at
the village level, and some defendants were not aware of their right to
appeal.
The military court system often did not assure the right to a fair
trial. Although the accused has the right to legal counsel, some
military defense attorneys were untrained. The law establishes a court
martial appeals process; however, a sentence passed by a military
court, including the death penalty, could be appealed only to the
senior leadership of the UPDF. Under circumstances deemed exigent, a
field court martial could be convened at the scene of the crime. The
law does not permit appeal of a conviction under a field court martial.
The military general court martial can try civilians charged with
crimes listed under the UPDF Act.
On October 13, the Supreme Court reversed a lower court ruling that
Henry Tumukunde, the former director of the ISO, had violated army
rules and regulations when he criticized the Government and the army on
radio talk shows. The Supreme Court noted that the lower court had
ignored constitutional provisions of free expression and speech and
provisions of the Parliamentary Elections Act on procedures to elect or
remove army MPs from parliament. The Supreme Court directed the
Government to pay Tumukunde the court costs of both suits, which were
estimated at one billion shillings ($560,000).
Trial Procedures.--An inadequate system of judicial administration
and a lack of resources resulted in a serious backlog of cases and
limited the right to a fair trial. All nonmilitary trials are public,
but juries are not used. Defendants have the right to be present and to
consult with an attorney in a timely manner, but cases may proceed
without defendants in civil cases. The law requires that the Government
provide an attorney for indigent defendants accused of capital
offenses, but there were rarely funds to retain adequate counsel. By
law defendants may confront or question witnesses against them and
present witnesses and evidence on their behalf, but this right was not
respected in practice. On March 8, the Constitutional Court ruled that
suspected criminals have a right to demand the disclosure of
documentary evidence the state intends to use against them before the
start of their trial. The ruling struck down the practice of ``trial by
ambush.'' However, the ruling stated that the right of disclosure is
not absolute in highly sensitive cases. There is a presumption of
innocence, and defendants have the right of appeal.
Political Prisoners and Detainees.--There were reports of a number
of political prisoners and detainees during the year, but reliable
statistics were unavailable.
On May 29, FDC opposition party members Asaph Ntanda, Yusuf
Mukwate, Proscovia Naikooba, Cathey Ayebare, Olive Mbabazi, and Daniel
Katumba were arrested on allegations of engaging in paramilitary
training. All six were released on May 31 without charges. One week
before the arrest, in Kawempe, the FDC held a workshop which the
Government alleged was intended to teach young members how to overthrow
governments by force; the FDC claimed the workshop was to mobilize
young members.
Charges of treason remained pending in the High Court against FDC
opposition leader Kizza Besigye and nine other FDC members; a hearing
in the Constitutional Court on Besigye's petition challenging the
constitutionality of the treason charges was scheduled for December
2008. Besigye and five of the nine FDC members were released on bail
and one died in 2007; the remaining four were released on bail during
the year. The charge of unlawful possession of firearms against all but
Besigye was pending at year's end.
Bright Gabula Africa, whose death sentence for treason was upheld
by the Supreme Court in 1995, remained imprisoned pending the outcome
of his appeal to the Advisory Committee on the Prerogative of Mercy, a
largely autonomous constitutional body.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. In the case of a human rights
violation, there is access to the UHRC, which has the powers of a court
under the constitution. These powers include the authority to order the
release of detainees, payment of compensation to victims, and other
legal remedies. There were problems enforcing domestic court orders.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions and the
Government generally respected these prohibitions. At times the police
did not obtain search warrants, as required by law, to enter private
homes and offices.
On December 22, a High Court judge ruled that the Government in
2006 had violated the privacy rights of Juliet Mukasa, chair of the
Sexual Minorities of Uganda Group (SMUG). (See Section 5.)
The Antiterrorism Act authorizes certain law enforcement officials
to intercept communications to detect and prevent terrorist activities.
The Government continued to monitor telephone conversations.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government at
times restricted these rights, and the law criminalizes offenses by the
media and limited the media's ability to function effectively. The
Government at times harassed and intimidated journalists, who continued
to practice self-censorship.
Government officials used libel laws and cited national security as
grounds to impede freedom of speech, and detained and interrogated
politicians and activists who made public statements critical of the
Government. The President's Office reportedly monitored political talk
show debates closely, and the Government occasionally attempted to
block participation of opposition members on radio talk shows.
Opposition politicians reported difficulties securing media outlets to
convey their messages in Gulu and Hoima.
On March 31, Makindye West Parliamentarian Hussein Kyanjo was
charged with sedition and promoting sectarianism. Kyanjo stated on an
October 2007 radio talk show that President Museveni and other
government officials used their positions to displace persons in the
Kisozi region and to promote hostility among the Baganda and the
Balaalo ethnic groups. As with several other cases involving sedition
charges, no further action was taken pending a 2005 petition filed by
Andrew Mwenda, the managing editor of The Independent newspaper,
challenging the constitutionality of the sedition law.
On July 18, Buganda Deputy Minister of Information Medard Seggona
Lubega, Buganda Central Civic Education Committee Chairperson Betty
Nambooze, and Minister for Information and Cabinet Affairs Charles
Peter Mayiga were arrested and charged with sedition and promoting
sectarianism; the three had publicly criticized the Government's
proposed amendments to the 1998 Land Act. On July 23, a Kampala court
ordered their release after no charges had been filed within 48 hours.
On July 24, the police released and immediately rearrested Lubega,
Nambooze, and Mayiga, for a new 48-hour detention period. On July 25,
Lubega and Nambooze were charged with sedition and promoting
sectarianism and released on bail; Mayiga was released on bond pending
investigation. On August 13, a court in Kampala stayed the sedition
charges against Nambooze and Lubega, pending a ruling on the sedition
law.
The August 2007 case against Makindye East Parliamentarian Hussein
Kyanjo for inciting public violence through seditious statements was
pending in court at year's end.
The Government established a special committee in May to explore
avenues for managing the media. Human rights groups criticized the
action as a move to crack down on media freedom.
There were many privately owned publications and broadcast
stations, and the independent media were generally active and expressed
a wide variety of views, although they faced obstacles. Media laws
require that journalists be licensed and possess a university degree in
journalism or the equivalent. The law also grants the Media Council the
power to suspend newspapers. The Daily Monitor and The Weekly Observer
continued to publish articles critical of the Government despite
pending sedition cases against members of their staff. The Government
owned several daily and weekly newspapers.
Government restrictions on the press increased, but cases involving
such restrictions were suspended during the year pending a
Constitutional Court ruling on the 2005 petition challenging the
constitutionality of the sedition law. On February 17, the
Constitutional Court postponed the hearing of the 2005 petition on the
law's constitutionality filed by Andrew Mwenda. The court ordered
Mwenda and the East Africa Media Institute, which filed a similar
petition challenging the sedition law in 2007, to submit a joint
petition. The case was pending at year's end.
On January 29, former Daily Monitor editors Joachim Buwembo and
Bernard Tabaire were charged with sedition for printing stories
alleging that IGG Faith Mwondha made bogus salary claims. The case was
stayed pending a ruling on the sedition law.
On April 26, police detained Mwenda, contributing editor Charles
Bichachi, and reporter John Njoroge for publishing an article alleging
UPDF atrocities during 2003 in the LRA conflict, including first-person
accounts of torture in government safe houses. The three journalists,
who were interrogated for three hours and released, were charged on May
9 with sedition. On May 23, a lower court suspended the trial pending a
ruling on the sedition law.
The police forwarded one media case involving criticism of the
state to the Media Council during the year; the council ordered the Red
Pepper newspaper to apologize to former MP and conservative party
leader Ken Lukyamuzi.
Independent television and radio stations that hosted opposition
political candidates critical of the Government were sometimes subject
to government interference. The Government continued to ban new radio
stations in Kampala, reportedly because of limited available
frequencies; however, the ban was widely disregarded without penalty.
The Government arrested, harassed, and assaulted radio and
television journalists during the year.
For example, on January 14, police in Kabarole District arrested
Life Radio station presenters Steven Rwagwer, William Gonza, Gerald
Kankya, Joram Bintamanya, and Prosper Busingye on allegations of
threatening violence. The arrest followed critical comments the
detainees had made about the Tooro Kingdom government on a radio talk
show.
On August 27, police in Kampala harassed and assaulted Wavah
Broadcasting Station journalists Francis Tumwekwasize and Timothy
Sibasi, who were on assignment at Namboole Stadium in Kampala. The
police accused the journalists of negative reporting about the police.
On September 1, the journalists filed a petition with the UHRC, and an
investigation was ongoing at year's end.
On January 8, Regional Police Commander Martin Abiru banned the
Peoples' Rights and Awareness program on Life FM Radio because it had
criticized Tooro Kingdom leaders. On March 14, the High Court in
Kabarole District ruled that the show should be reinstated because the
ban violated the constitutional provisions for free speech and
expression. However, Life Radio owner, Pastor K.L. Dickson, suspended
the show following pressure from the Government's local security forces
in June. In October 2007 security agents allegedly poured acid on the
station's radio transmitter after a controversial broadcast.
No action was taken against perpetrators in the March 2007 assault
by security forces in Kampala of Sam Mateka of Simba FM, Richard
Ssemakula of the Government-owned Bukedde newspaper, Charles Sekajja of
Ddembe FM, and Chris Ahimbisibwe of the Government-owned New Vision;
the journalists were covering the trial of People's Redemption Army
(PRA) suspects. No action also was taken against security force members
who raided Life Radio in October 2007.
Internet Freedom.--Individuals and groups could generally engage in
the peaceful expression of views via the Internet, including by e-mail;
however, at times the Government restricted access. The 2006 ban on
access to radiokatwe.com, an antigovernment gossip Web site, remained
in place. Access to the Internet continued to increase during the year,
although only approximately 5.7 percent of the population used the
Internet at least monthly due to lack of infrastructure.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom; however, research clearance was
required in certain academic areas, such as history and political
science, and was difficult to obtain.
In May the Media Council blocked the screening of two films-
Watermelon Woman and Rag Tag-at a film festival in Kampala for
perceived promotion of homosexuality.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law restricts freedom of assembly. As a result of a
September 2007 declaration by the Ministry of Internal Affairs, police
permits are required for all public meetings, demonstrations, and
processions. On May 27, the Constitutional Court nullified section
32(2) of the Police Act, which had abolished the Government's
requirement to obtain written permission before holding an assembly or
demonstration of 25 or more persons and permitted the inspector general
of police to stop a public rally, demonstration, or procession.
However, on May 30, the Ministry of Justice and Constitutional Affairs
appealed the court decision, which in effect stayed any action on the
court's ruling.
Security forces forcibly dispersed and arrested demonstrators;
unlike in the previous year, there were no reported deaths.
On February 12 and 13, following the Kampala City Council's
decision to award a contract to develop the Kisekka market to a private
company without consulting the market vendors association, Kisekka
market vendors conducted another violent demonstration. Mobile patrol
police armed with AK-47 rifles shot at the demonstrators, who began
throwing stones and other objects. Four demonstrators were injured, and
14 were imprisoned. Three police officers were under investigation at
year's end for use of excessive force. The city council subsequently
invalidated the contract with the private company and agreed that the
traders should be given first right to develop the market.
On June 10, Democratic Party (DP) members Domic Matovu Savio,
Emmanuel Mugandusi, Samuel Mulindwa, Margret Wazemba, and Ben Kiwanuka
were arrested and charged with emitting noise in excess of permissible
levels, taking part in a riot, assault, and carrying arms during an
``illegal'' rally at their party headquarters. The DP members were
released on bail, and the case was pending at year's end.
On August 6, police in Hoima District arrested 25 students of
Mandela Secondary School for participating in a demonstration; the
students were protesting the school's harsh punishments, banning of
nightclubs, and other grievances. The suspects were charged with
malicious damage to property and staging an unlawful demonstration. The
case was pending at year's end.
On August 12, a parliamentary select committee opened
investigations into allegations of police brutality following incidents
in which parliamentarians were allegedly assaulted by police during
``illegal'' political rallies. ((SeeSection 1.c.) For example, on June
9, in Kampala, Rubaga South MP Susan Nampijja was injured from tear gas
used by police to disperse a meeting that Nampijja had organized for
Kibuye Market residents.
There were no developments in the following 2007 cases of forcible
dispersion or arrest of demonstrators: the January unlawful assembly
case against DP members Vincent Kabuubi, Deo Ssekitoleko, Fred Sebyoto,
and Geoffrey Tomusange; the inquiry ordered by the inspector general of
police, Major General Kale Kayihura, into the death of a child as a
result of Kampala police firing tear gas at FDC leader Besigye and 200
supporters during a March demonstration; the April arrests and
subsequent release on bail of parliamentarians Beatrice Atim Anywar,
Hussein Kyanjo, and 24 others during a demonstration against the
proposed sale of the Mabira Forest Reserve; the June arrest and
subsequent release of 12 students in Bugembe for unlawful assembly and
rioting; and the July injury of five student demonstrators by three
police officers, who were charged but not tried for the offence.
No action was taken against police officers responsible for
injuring protesters during forcible dispersions of demonstrators in
2006.
Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected these rights.
On January 15, in response to NGO criticism and after consultation
with civil society, the Government established a committee to review
the 2006 NGO Registration Act, which requires most NGOs, including
religious organizations, to renew their registration permits annually.
Discussions were ongoing at year's end, and enforcement of the law was
temporarily suspended.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice with some restrictions. The law requires religious groups
and foreign missionaries to register with the Government under the same
law as NGOs, and failure to register is a criminal offense; following
NGO criticism, however, the Government established a committee to
review the law, and enforcement was temporarily suspended. There were
no reports of violence by the Government or its agents against
religious groups, leaders, or individual members, but there were
reports that the Government restricted worship by certain religious
groups.
Local officials imposed minor restrictions on nighttime
congregating to curb violence, criminal activity, and noise, which
indirectly impeded the activity of some religious groups. Groups
considered cults experienced extra scrutiny and restrictions.
On April 29, the Kamwenge District deputy resident commissioner
ordered the arrest of 11 members of the Nyangakaibo cult. The suspects
were charged with holding an illegal assembly on April 30 and remanded
to prison. The case was pending at year's end.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination based on religious belief or
practice, and prominent social leaders took positive steps to promote
religious freedom. However, some members of traditional religious
groups accused evangelical groups of practicing ``witchcraft.''
The Jewish community was very small, and there were no reports of
anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement, foreign travel, emigration, and repatriation;
however, the Government at times limited these rights in practice. A
married woman must obtain her husband's written permission on her
passport application if children are to be listed on her passport.
There were reports that government agents blocked the travel of
opposition party members.
The country has no law on forced exile; however, the Government did
not use forced exile during the year.
Internally Displaced Persons (IDPs).--Improved security in the
north and the Government's launch of the Peace, Recovery, and
Development Plan to rebuild infrastructure in the north encouraged the
return of most of the 1.8 million persons displaced in the LRA-affected
north by year's end. As of November, 39 percent of the original 1.1
million IDPs in the Acholi districts of Amuru, Gulu, Kitgum, and Pader
had moved either to transit sites within commuting distance of their
farms (30 percent) or to their villages of origin (41 percent). An
estimated 437,000 IDPs in the LRA-affected north remained in camps at
year's end. Insecurity in the Karamoja region continued to result in
the displacement of non-Karamojong residents in neighboring districts.
While the Government and international humanitarian organizations
provided assistance to IDPs in camps, health and living conditions
remained precarious in areas of return, and many former IDPs,
particularly women and children, were deprived of access to education,
basic health care, safe water, and protection. Some landlords forcibly
evicted IDPs. The Government continued to work with UNHCR and other
international organizations to prepare IDPs to return to their home
areas.
There were isolated reports that UPDF troops raped IDPs.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The Government granted refugee status or asylum. The
Government cooperated with the UNHCR and other humanitarian
organizations in providing protection and assistance to IDPs, refugees,
asylum seekers, and other persons of concern.
The Government also provided protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened.
The Government provides temporary protection to individuals who may
not qualify as refugees under the 1951 Convention and 1967 protocol;
however, no individuals received such protection during the year.
During the year the Government assisted UNHCR in the voluntary
repatriation of 46,984 refugees to Southern Sudan.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully; however, the ruling party's domination of
the Government and some restrictive constitutional and statutory
provisions limited citizens' effective exercise of this right.
Elections and Political Participation.--The 2006 presidential and
parliamentary elections, the first multiparty general elections since
President Museveni came to power in 1986, generally reflected the will
of the people, although serious irregularities occurred. The police
recorded 450 cases of violence during the electoral period. More than
100 election challenges were filed in the High Court and the
Constitutional Court following the 2006 elections, including charges of
bribery, intimidation, incidents of violence, multiple voting, and
ballot stuffing. The High Court nullified the results of 18 elections.
A total of 11 election appeals were pending before the Constitutional
Court and nine at the Supreme Court at year's end. Five by-elections
were held during the year to fill the seats declared vacant by the High
Court in 2007; election monitors reported numerous irregularities.
The ruling NRM party operated without restriction, regularly
holding rallies and conducting political activities. Approximately 33
other parties were registered and allowed to function, although members
of some parties were subject to political violence, and authorities
sometimes restricted opposition parties' ability to meet or
demonstrate. Political involvement was primarily concentrated within
the elite. Membership in the NRM conferred greater access to government
positions and resources.
There were no developments in the January 2007 case in which the
Masaka District Court charged DP President John Sebaana Kizito and MPs
Erias Lukwago and Issa Kikungwe with falsifying documents that
implicated the Government in the 1987 murder of Andrew Kayiira, a
former energy minister and leader of the defunct Uganda Freedom
Movement.
There were 102 women in the 333-member parliament. Of these, 80
held seats designated for women. There were 14 female ministers in the
president's 66-member cabinet. The deputy speaker, the deputy chief
justice of the Supreme Court, and the IGG were all women.
The law requires elections through electoral colleges for the seats
reserved for special interest groups in parliament: 80 seats were
reserved for women; five for organized labor; five for persons with
disabilities; five for youth; and 10 for the army, selected by the UPDF
High Command and President Museveni.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government investigated
offenders, but officials engaged in corrupt practices with impunity,
and corruption was a serious problem. The Government selectively
enforced financial disclosure laws. Government agencies responsible for
combating corruption include the IGG, parliamentary accounting
committees, the police Criminal Investigation Department (CID), the
Office of the Auditor General, and the Directorate for Ethics and
Integrity. Political will to combat corruption at the highest levels of
government remained weak, and corruption cases remained pending for
years.
On November 19, the IGG released the results of the third National
Integrity Survey, which characterized corruption as so rampant that it
was commonly viewed as a minor offence or none at all. New forms of
corruption included syndicated efforts by groups of employees and
others to defraud the Government. Among those rated the most corrupt
entities were the Kampala City Council, the electric company, and the
police.
In August press reports exposed influence peddling, conflict of
interest, and fraud in a land deal involving Minister of Security Amama
Mbabazi and Finance Minister Ezra Suruma. The two ministers used their
influence to pressure the National Social Security Fund (NSSF) to buy
land and deposit the funds into a bank in which they both owned
significant shares. The Parliamentary Committee on Commissions,
Statutory Authorities, and State Enterprises held public hearings and
recommended that the two ministers resign, repay the money, and that a
new NSSF board be constituted. When the report reached the floor of
parliament for debate, the attorney general said parliament had no
right to enforce the leadership code. On December 4, President Museveni
ordered the investigation of top NSSF managers David Chandi Jamwa and
his deputy Mondo Kangoyera and an audit of NSSF transactions during
their tenure.
During the year the CID charged several individuals in connection
with the investigation of stolen money from the global fund to fight
AIDS, tuberculosis, and malaria. On October 22, police in Kampala
arrested Teddy Cheeye, director of economic affairs in the President's
Office, over the mismanagement of 120 million shillings ($63,993) of
global fund money for HIV/AIDS vaccines. A court in Kampala found
Cheeye guilty on eight counts of forgery, nine of making false entry,
eight of uttering a false document, and one of embezzlement. Cheeye,
who pled guilty to all counts, was remanded to Luzira Prison, and his
case remained pending at year's end. On October 22, the same court
convicted Fred Kavuma, the former production manager of Uganda
Television, on 14 counts of misuse of global fund money and sent him to
prison; his case remained pending at year's end.
The Parliamentary Committee on Public Accounts (PAC) continued to
examine the June 2007 auditor general's report, which revealed that the
Government lost a significant portion of its 2005-06 budget to loans
not recorded, irregular procurements, payments to nonexistent public
service staff, and other irregular transactions. A report of the
findings of the committee was pending at year's end.
The Parliamentary Committee for Legal and Parliamentary Affairs
continued to investigate the IGG's interventions in public tendering
processes and allegations that her salary was higher than that to which
she was entitled. The IGG had not appeared before the committee at
year's end.
PAC findings in the November 2007 case involving Martin Odwedo, the
permanent secretary of the prime minister's Office, and three others
for failure to account for 1.3 billion shillings ($776,000) had not
been released at year's end.
In June the court exonerated deputy passport officer Chris Ongyero
of 2006 charges of abuse of office and irregular conduct; Ongyero was
reinstated to his former office.
On November 17, the Magistrates' Court in Kampala acquitted Uganda
Muslim Supreme Council Mufti Sheikh Shaban Ramadhan Mubajje, his
deputy, Sheikh Twaib Mukuye, and businessman Hassan Basajjabalaba of
mismanaging council affairs in October 2006.
In September the National Council of Sports reported that staff
members Nicholas Muramagi and Timothy Magala had refunded 14 million
shillings ($8,490) in connection with 2006 charges of fraud, forgery,
and false accountability.
The 2006 case against Zoe Bakoko, the former minister of gender,
labor and social affairs; former NSSF board chairman Geoffrey Onegi
Obel; former NSSF director Leonard Mpuuma; and James Isabirye remained
pending at year's end; all were charged with causing financial loss of
more than eight billion shillings ($4.5 million) and abuse of office.
Onegi Obel, Mpuuma, and Isabirye remained on bail, and the arrest
warrant for Bakoko, who reportedly fled the country, remained
outstanding at year's end.
The law provides for public access to government information, and
the Government provided such access in practice to citizens and
noncitizens, including foreign media.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were receptive to their views. Active, independent domestic
groups included FHRI, Human Rights Focus, Human Rights Network, Human
Rights and Peace Center of Makerere University, the International
Federation of Human Rights, the Justice and Peace Commission, the
Uganda Journalist Safety Committee, the Uganda Prisoner's Aid
Foundation, and the Uganda Association of Women Lawyers. Government
officials continued to attend conferences and seminars hosted by NGOs
on social problems and cooperated with NGOs on legal and prison
reforms.
On January 15, in response to NGO criticism and after consultation
with civil society, the Government established a committee to review
the 2006 NGO Registration Act, which requires most NGOs, including
religious organizations, to renew their registration permits annually.
Committee discussions were ongoing at year's end, and enforcement of
the law was temporarily suspended.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives and
organizations such as the ICRC.
The UHRC is a permanent independent body with quasi judicial
powers, although the president appoints the UHRC's eight-member board.
Under the law, the UHRC may subpoena information, order the release of
detainees, and order the payment of compensation for abuses. The UHRC
continued to pursue suspected human rights abusers, including in the
military and security, and had branches countrywide; however, the UHRC
did not have adequate resources to investigate all complaints it
received.
The Government continued bilateral discussions with the DRC on
reparations that the International Court of Justice ordered it to pay
to the DRC in 2005.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status; however, the Government did not enforce the
law in matters of locally or culturally prevalent discrimination
against women, children, persons with disabilities, or certain ethnic
groups.
Women.--The law criminalizes rape; however, the Government did not
consistently enforce the law. Although the Government arrested,
prosecuted, and convicted persons for rape during the year, the problem
was underreported, and most cases were not investigated. Of the 477
rapes that police recorded, 115 were taken to court; there were no
convictions.
Domestic violence against women, including spousal abuse, remained
common, and reports of such incidents continued to increase. The law
prohibits assault and battery with penalties of one to five years in
prison depending on the seriousness of the assault; however, there are
no laws that specifically protect women from spousal abuse. Many law
enforcement officials viewed wife-beating as a husband's prerogative,
as did the majority of the population, and rarely intervened in cases
of domestic violence. According to a September 2007 report on the
status of women by Akina Mama Wa Afrika, a local women's organization,
70 percent of women had been physically or sexually abused, and 60
percent of women had experienced physical violence by a husband or
partner.
The law requires that bride prices be nonrefundable gifts to the
parents of the bride. The constitutional amendments approved by
parliament in 2007 did not include a provision to abolish bride prices,
despite 2003 recommendations to do so from civil society groups.
Prostitution is illegal but common. In April the Uganda AIDS
Commission reported an increase in prostitution in some communities in
the north and noted that teachers were taking up prostitution to
supplement their salaries.
Sexual harassment was a common problem; although it was prohibited
by law with penalties up to 14 years' imprisonment, the Government did
not enforce the law effectively.
In May Makerere University set up committees to investigate
complaints by female students that male lecturers coerced them into
sexual acts for good grades.
A team from the Ministry of Health was deployed to Nakaseke to
investigate allegations of sexual harassment that 30 nurses filed in
October 2007 against a senior staff member in Nakaseke Hospital; no
report had been issued by year's end.
Discrimination against women continued to be widespread, especially
in rural areas where it was part of traditional culture. Many customary
laws discriminate against women in the areas of adoption, marriage,
divorce, and inheritance. Under local customary law in many areas,
women cannot own or inherit property or retain custody of their
children. Traditional divorce law in many areas requires women to meet
stricter evidentiary standards than men to prove adultery. Polygamy is
legal under both customary and Islamic law, and, in some ethnic groups,
men can ``inherit'' the widows of their deceased brothers. Women also
experienced economic discrimination. For example, they did most of the
agricultural work but owned only 7 percent of the agricultural land.
Women experienced economic discrimination in access to employment,
credit, pay, and in owning or managing businesses.
Eliminating gender inequality remained a high priority for the
Government, which, in conjunction with NGOs and women's rights groups,
sponsored workshops and training throughout the country to increase
awareness of women's rights.
Children.--The Government was committed to improving children's
welfare, and education received the largest percentage of the national
budget. However, the Government did not effectively enforce laws
protecting children, due in part to cultural norms.
According to Save the Children Uganda, only 4 percent of births
were registered; however, this generally did not result in denial of
public services.
On August 29, parliament passed a law that provides for free and
compulsory education for the first seven years of primary school or
through high school for underprivileged students. Students, except for
the underprivileged, still had to pay for school supplies and some
school costs, and many parents could not afford the school fees.
Several districts, including Tororo and Amuru, passed by-laws to
punish parents who did not send their children to school. On July 25,
police in Mbarara District arrested one hundred parents for failure to
take children to school and charged them with child neglect and abuse
of children's rights. Boys also were more likely to finish primary
school. The highest level of education achieved by most children was
the fourth year of primary school.
Child abuse remained a serious problem, particularly rape and other
sexual abuse of girls, although reported incidents of corporal
punishment in schools continued to decrease since the August 2006 ban
on the practice. In September local NGO Concern for Children and Women
Empowerment (COFCAWE) reported that 60 percent of children were abused.
Sexual contact outside of marriage with girls under 18 years of age,
regardless of consent or the age of the perpetrator, was called
``defilement'' under the law and carried a maximum sentence of death;
however such cases often were settled by a payment to the girl's
parents.
Perpetrators of sexual abuse often were family members, neighbors,
or teachers. In an effort to clear the backlog of cases, the Government
in May 2007 amended the 2006 Magistrate's Courts Bill, giving chief
magistrates the authority to hear rape cases of girls between the ages
of 14 and 17; the High Court continued to try cases involving rape of
girls under 14 years. On June 30, the Uganda Media Women's Association
launched a code of conduct on reporting cases of child sexual abuse and
exploitation.
On September 25, the High Court in Rukungiri District sentenced
primary school teacher Fudera Ntegyereize to 12 years in prison for
defiling a seven-year-old pupil in October 2005.
The following 2007 defilement cases remained pending: the March
case of Bright Academy Primary School teacher Abdul Kyeyune, who
allegedly defiled a student in Masaka District; and the July case of
Good Hope Primary School teacher David Wildong, who allegedly defiled a
student in Kibaale District.
There was no national law against FGM, which was practiced by the
Sabiny ethnic group in rural Kapchorwa District and the Pokot ethnic
group along the northeastern border with Kenya; however, in 2006 the
subcounties of Kapchorwa and Bukwo districts passed by-laws to make FGM
illegal. On October 10, Kapchorwa District passed another by-law that
provides for the arrest and prosecution of FGM practitioners and
collaborators. The Government, women's groups, and international
organizations continued programs to combat the practice through
education. These programs, which received some support from local
leaders, emphasized close cooperation with traditional authority
figures and peer counseling. In June the UN Population Fund, with the
cooperation of local charity Reproductive Education and Community
Health and the Uganda Muslim Supreme Council, organized a seminar in
Kapchorwa District to educate youth and female leaders on the dangers
of FGM.
Marriage of young girls by parental arrangement was common,
particularly in rural areas, although the legal age for marriage is 18.
COFCAWE reported that acute poverty forced some parents to give away
their children, including girls as young as 14 years, into early
marriage and sexual arrangements.
There were increased reports of the ritual sacrifice of children
during the year.
For example, on December 4, in Masaka District, the Magistrates'
Court charged businessman Godfrey Kato Kajuba with the October 26
ritual murder of 12-year-old Joseph Kasirye. Kajuba was remanded to
prison. On October 27, police also arrested Moses Musisi, Umar
Kateragga, and Mariam Nabukeera after they confessed that they had
killed Kasirye on Kajubi's orders. The case was pending at year's end.
The August 2007 case of family members Laston Muyaga, Jane Magezi,
Elizabeth Kantono, and Aidah Kasubo, who reportedly sacrificed a two-
year-old female relative, was pending at year's end.
In May the Ministry of Gender, Labor and Social Affairs reported
that child prostitution had increased with an estimated 7,000 to 12,000
juveniles engaged in commercial sex activities. The most vulnerable
children were girls, child heads of families, and child street hawkers.
Unlike in the previous year, there were no reports of underage
recruitment by the UPDF.
There were no reports during the year that the LRA abducted and
conscripted children within the country. On July 31, Save the Children
Uganda Deputy Country Director John Reinstein demanded the immediate
and unconditional release of children in LRA captivity; the LRA
abducted and conscripted approximately 40,000 children in previous
years for use as laborers, soldiers, guards, and sex slaves, and more
than 5,000 were reportedly still missing.
There were numerous reports of LRA abductions of children in the
DRC, CAR, and Sudan during the year.
Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons; however, the law does prohibit trafficking-
related offenses. Trafficking in persons was a problem, and there were
reports that men, women, and children were trafficked to, from, and
within the country.
Trafficking in persons primarily occurred internally for labor,
commercial sexual exploitation, and criminal activities, but
trafficking of Asian and Chinese laborers to the country also occurred.
There were reports that children were trafficked for labor to Pakistan,
Egypt, Turkey, the United Arab Emirates, Saudi Arabia, and Iraq.
The media reported on September 6 that four Ugandan girls-
Catherine, Patricia, Grace, and Faith Namisango-were stranded in Iraq
after their employers confiscated their passports. The girls were
reportedly taken to Iraq by a businessman only identified as Gordon,
whom they met in Muyenga. The agent had promised to get them employment
for a monthly pay of $400. When they arrived, however, they were taken
to work for Arab families as house helpers for $200 a month. Security
agencies were investigating the case.
On December 18, the Government of Yemen and an international
organization repatriated Ugandan citizen Sara Aisha Abdulkhim, also
known as Florence Kampi; Abdulkhim had been kidnapped from Uganda in
1982 and taken to Yemen as a child slave.
Immigration and police officials highlighted a new trend in
trafficking involving the use of legal means to take children out of
the country for illicit purposes. NGOs reportedly locate children and
convince their families that the children will receive an education or
better life. An expatriate then enters the country on a tourist visa
and gets a guardianship order through the courts, usually with the
permission of the family. The magistrates, at the insistence of the
guardian, require the passport office to issue the child a passport. In
one case involving two young boys taken to South Africa, immigration
officials learned that one boy had died after his kidneys were
harvested for a transplant. Immigration officials formed a task force
to examine the trend and make recommendations to the ministries of
internal affairs and justice.
Victims of internal trafficking were subjected to hazardous working
conditions, and commercial sex victims were subjected to physical abuse
and the risk of contracting sexually transmitted diseases. Victims of
commercial sex trafficking in urban centers often came from small rural
villages. According to NGOs, women and girls often willingly placed
themselves in the hands of intermediaries offering false promises to
seek employment in other areas of the country, only to find themselves
in situations of commercial sexual or labor exploitation. NGOs also
found evidence of a well-connected network of traffickers who
facilitated the movements of victims to prospective buyers, negotiated
their salaries in advance, and received a percentage of their monthly
wages. One study found that women and girls could be purchased for
approximately 5,000 to 30,000 shillings ($3 to $18) and used as
domestic workers. In the case of child trafficking for labor and
commercial sexual exploitation, intermediaries such as pimps,
employment bureaus, churches, transporters, NGOs, fishermen, and peers
lure children and facilitate their travel with accommodations and
travel documents.
The penal code specifies penalties for several trafficking-related
offenses; for example, the maximum penalty for the procurement of women
for purposes of prostitution or detention with sexual intent is seven
years' imprisonment, and the maximum penalty for trading in slaves is
10 years' imprisonment. Ministry of Gender, Labor, and Social
Development (MGLSD) is the lead agency on child trafficking issues, the
national police force are responsible for investigating trafficking-
related crimes, and the Justice Ministry and the Directorate of Public
Prosecutions prosecute cases.
The Government arrested suspected traffickers during the year and
assisted with international trafficking investigations or extradited
citizens accused of trafficking in other countries.
On January 9, police in Mbarara arrested Burundi national Noel
Gasamunyiga on suspicion of trafficking 12 persons, including three
girls; the victims reportedly were being trafficked to the USA, Canada,
Belgium, and France. On January 15, a court in Mbarara charged
Gasamunyiga with illegal entry into the country and sentenced him to
several months' imprisonment, after which he was to be deported. The
police handed over the 12 victims to the UNHCR.
In September the International Labour Organization (ILO) reported
that 124 children were trafficked in 2007, most for sex slavery, child
labor, and labor exploitation.
The Government's prosecution of child defilement cases included an
undetermined number of cases involving trafficked children.
There were no reports of developments in the June 2007 case in
which Nickson Owiny was arrested for kidnapping with intent to enslave
or the July 2007 case of child trafficker Susan Amekebe, who was
charged with inducing a person to give himself or herself as a slave.
The Government and NGOs worked together to identify and provide
assistance to persons at risk for trafficking. However, the Government
deported victims of foreign origin, unless the minister of internal
affairs granted an extended stay to aid in prosecution of the case. The
UPDF has child protection units in all districts and, along with
government agencies, continued to work with NGOs to reintegrate
thousands of former LRA abductees into society.
The national police maintained a Child and Family Protection Unit
to train local police on women and children's rights, including
identification of trafficking victims and prevention of trafficking.
The police also allowed an NGO to place its social workers in police
stations to assist children and other trafficking victims.
Parliamentary committee hearings on comprehensive antitrafficking
legislation occurred during the year.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and the provision of other state services; however, the
Government did not enforce the law effectively. Persons with
disabilities also faced societal discrimination and limited job and
educational opportunities. There was no statutory requirement that
buildings be accessible to persons with disabilities; however, the law
requires that children with disabilities be given necessary special
facilities.
During the year the UHRC received complaints of discrimination in
employment and access to transport, mobile telephone, and other public
services from persons with disabilities. On February 20, MP Alex Ndeezi
reported to the parliamentary Committee on Equal Opportunities that 40
persons with hearing impairment were in prison without trial due to
inability to communicate. Ndeezi added that the lack of communication
skills also denied such persons access to health services and
education.
The Government supported the right of persons with disabilities to
vote and participate in civic affairs; five seats in parliament were
reserved for representatives of persons with disabilities. Government
agencies responsible for protecting the rights of persons with
disabilities included the Ministry of State for Disabled Persons and
MGLSA, but both lacked sufficient funding to undertake or support any
significant initiatives. The parliamentary Equal Opportunities
Committee seeks to ensure compliance with all laws that protect persons
with disabilities.
Other Societal Abuses and Discrimination.--Homosexuals faced
discrimination and legal restrictions. It is illegal for homosexuals to
engage in sexual acts, based on a legal provision that criminalizes
``carnal acts against the order of nature'' with a penalty of life
imprisonment, although no homosexual has been charged under the law.
Public resentment of homosexuality sparked significant public debate
during the year. The Government took a strong position against the
practice. The local NGO SMUG protested alleged police harassment of
several members for their vocal stand against sexual discrimination.
On June 4, police arrested SMUG activists Pepe Julian Onziema,
Valentine Kalende, and Usaam Mukwaya for trespassing. The activists,
who did not have the required conference credentials, bypassed security
at the HIV/AIDS Implementers' Conference in Kampala to protest the
Government's lack of funding to combat HIV/AIDS in the homosexual
community. On June 6, the three were charged with criminal trespass and
released on bail. On August 15, the Government dropped the case.
On July 25, police in Kampala arrested SMUG activist Usaam Mukwaya
without charge and released him the following day. On September 24,
Mukwaya filed a complaint with the UHRC, alleging that he was tortured
and humiliated during his detention in a safe house and that the arrest
was arbitrary. The case, which received international attention, was
pending before the UHRC tribunal at year's end.
On September 10, security forces arrested SMUG members George Oundo
and Brenda Kiiza from Nansana, a Kampala suburb. On September 18, the
suspects were charged with indecent practices and released on police
bond.
On December 22, a High Court judge ruled that the Government in
2006 had violated the privacy rights of SMUG chair Juliet Mukasa, who
claimed that local government officials illegally searched her home in
2005. The High Court directed the Government to pay 3 million shillings
($1,500) to compensate Mukasa for violation of privacy and 10 million
shillings ($5,000) to her partner Yvonne Oyoo for humiliation, injury,
and trauma. The court also ordered the state to pay for their court
costs.
International and local NGOs, in cooperation with the Government,
sponsored public awareness campaigns that aimed to eliminate the stigma
of HIV/AIDS. In April the ILO reported in its publication ``Saving
Lives, Protecting Jobs'' that workers in the country were becoming more
supportive of their HIV-positive colleagues. However, a July meeting of
HIV/AIDS-positive teachers, officials from the Ministry of Education
and Sports, and the National Teachers Union concluded that HIV positive
teachers suffered stigma and discrimination inside and outside of
school settings; the meeting was sponsored by UNESCO, the World Health
Organization, and other organizations.
Counselors encouraged patients to be tested with their partners and
family so that they all received information about living with HIV/
AIDS. Persons living with HIV/AIDS formed support groups to promote
awareness in their communities.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form
unions, but all unions must be registered either under the National
Organization of Trade Unions or the Confederation of Trade Unions.
Except for ``essential'' government employees, including police, army,
and management-level officials, workers exercised the right of
association. The law allows unions to conduct their activities without
interference. Union officials estimated that over 855,000 workers were
unionized, representing approximately 8 percent of workers.
The law provides for the right to strike, and workers exercised
this right; however, government policy required labor and management to
make ``every effort to reconcile labor disputes before resorting to
strike action.'' The Government did not always protect the right to
strike, and police forcibly arrested persons engaged in organizing
strikes.
On August 24, police in Jinja arrested and later released 70 Kakira
sugar cane cutters during a strike to protest low pay and poor working
conditions.
Four workers from Kakonde Tea Estate, who were arrested in June
2007 for organizing a strike, remained missing at year's end.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining; however, the Government did not
protect this right in practice. Some employers ignored the legal
requirement to enter into collective bargaining agreements with
registered unions, and no public service unions, including medical
staff and teachers, were allowed to negotiate their salaries and
employment terms. The Government fixed the terms and conditions for all
civil service workers.
The law criminalizes any effort by an employer to obstruct the
right of association; however, the Government generally did not enforce
this provision.
There were reports that the Government took no action and did not
investigate reports that employers suppressed union activity in the
printing, mineral, and informal sectors. For example, on June 4, the
management of Kasese Cobalt, a copper mining company, fired 100 workers
after they demanded a salary increase. The Mines Union, which
represents the workers, reported the dismissals to the MGLSA
Commissioner of Labor; however, the commissioner took no action, and
the workers lost their jobs.
On February 6, the Uganda Fisheries and Allied Workers Union
petitioned Speaker of Parliament Edward Ssekandi over the dismissal of
100 workers by Hwansung Ltd. for allegedly signing forms to join a
union. There were no reports of government action at year's end.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred, particularly in prisons. While
the law does not expressly prohibit prison labor, it states that such
labor becomes forced if the worker is ``hired out to or placed at the
disposal of a private individual, company, or association.'' NGOs and
the UHRC reported that forced labor was a problem in local prisons
nationwide. Prison officials hired out prisoners to work on private
farms and construction sites where the prisoners were often overworked.
Prison officials routinely supplemented wages with cash crops grown by
prisoners on prison grounds. Male prisoners performed arduous physical
labor while female prisoners produced marketable handicrafts such as
woven basketry. Juvenile prisoners performed manual labor, often for 12
hours per day. Compensation, when paid, generally was very low.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits employers from hiring workers below the age of 18;
however, statutory orders issued by the MGLSD permit the employment of
children between the ages of 14 and 18, and 13-year-olds are allowed to
engage in ``light work'' provided it does not interfere with education.
Children under the age of 12 are prohibited from being employed in any
business or workplace, and all children are prohibited from being
employed during school hours. Nevertheless, child labor was common,
especially in the informal sector.
Many children left school and went into agricultural or domestic
work to help meet expenses or perform the work of absent or infirm
parents, a situation common throughout the country. The problem was
particularly acute among the large orphan population. In June the MGLSD
estimated that approximately 2.7 million children were employed.
In urban areas children sold small items on the street, worked in
shops, begged for money, and were involved in the commercial sex
industry. Children were also employed in the tea-harvesting sector,
sugarcane fields, commercial farming of tobacco and rice, other crop
farming, and stone quarries. The MGLSD reported new incidents of the
worst forms of child labor, including children involved in illicit
activities such as cross-border smuggling. Government officials noted
that child exploitation in the informal sector was of particular
concern and was difficult to investigate. Children were known to be
working as subsistence farmers, domestic servants, and prostitutes.
The ILO and the Federation of Uganda Employers sponsored a January
survey on child labor in the fisheries and tobacco industries that
found that most of the 291 children sampled worked long hours and that
71 percent were involved in hazardous work. Of the children involved
with fisheries, 31 percent worked at night, and all were subjected to
waterborne diseases, chest pains, fatigue, a high risk of contracting
HIV/AIDS, and injuries. Children on tobacco farms worked long days,
dropped out of school during peak periods of tobacco production, and
were exposed to dangerous chemicals, smoke, and dust.
Institutions responsible for enforcing child labor laws and
policies include the National Council of Children, the police force's
Child and Family Protection Unit, the Industrial Court, and the MGLSD;
however, financial constraints limited efforts. The MGLSD continued to
offer social services to children working in the worst forms of child
labor and other target groups, and it conducted training for staff,
local leaders, and district labor inspectors. Sixty MGLSD district
labor officers reported on child labor issues at the local level. The
Government coordinated its efforts to stop child labor through the
National Steering Committee on Child Labor, which included
representatives of the MGLSD, the Ministry of Education and Sports, the
Ministry of Local Government, the Federation of Uganda Employers, the
National Organization of Trade Unions, NGOs, journalists, and
academics. However, due to lack of funds and logistic support, district
labor officials have not conducted child labor inspections since 2004.
The Government organized a number of child labor awareness
workshops, disseminated printed information, and sponsored radio and
television discussions to educate the public on child labor issues. The
Government also cooperated with the ILO, foreign governments, and NGOs
on several initiatives to combat child labor, including the education
and reintegration of children into their communities. Several human
rights NGOs continued programs to remove children from hazardous work
situations.
e. Acceptable Conditions of Work.--The minimum legal wage was 6,000
shillings ($3.60) per month, a rate set in 1984 that did not provide a
decent standard of living for a worker and family and was not
effectively enforced. The Government and the private sector negotiated
a new rate in 2003; however, no minimum wage legislation had been
passed by year's end.
The law includes provisions for district labor inspectors to
``secure the enforcement of legal provisions relating to conditions of
work and the protection of workers while engaged in their wor.'';
however, no inspections were carried out during the year, due in part
to financial constraints.
In industries that employed workers on an hourly basis, the normal
workweek was 40 hours. The legal maximum workweek is 48 hours; however,
exceptions can be made with agreement of the employer and employee. The
law provides for an employee who works in excess of 48 hours per week
to be remunerated at the minimum rate of 1.5 times the normal hourly
rate and two times the hourly rate on public holidays. The law also
states that working hours may not exceed 10 hours per day or 56 hours
per week, including overtime hours; however, an employee may work in
excess of 10 hours a day if the average number of hours over a period
of three weeks does not exceed 10 hours per day or 56 hours per week.
Employees are granted a 30-minute break for every eight-hour work
shift. For every four months of continuous employment, an employee is
entitled to seven days of paid annual leave per calendar year. Many
industries paid workers annual increments or bonuses as payoffs to
avoid overtime.
The law establishes occupational health and safety standards, and
the MGLSD's Department of Occupational Health was responsible for
enforcement of occupational safety regulations. In practice inspections
were very rare, primarily due to the lack of vehicles and funding for
inspection trips, and standards were not effectively enforced. The law
also provides workers the right to remove themselves from situations
that endanger their health or safety without jeopardy to their
employment and, unlike in previous years, there were no reported cases
of workers being dismissed for refusal to perform dangerous work.
Strong unions in certain dangerous industries protected some such
workers; however, the MGLSA recorded 27 deaths due to poor safety
practices at several construction projects during the year.
__________
ZAMBIA
Zambia is a republic of 11.9 million citizens governed by a
president and a unicameral national assembly. The ruling Movement for
Multiparty Democracy (MMD) exerts considerable influence through its
patronage and allotment of government resources. In an October 30 by-
election, former vice president Rupiah Banda was elected president;
Banda replaced former president Levy Patrick Mwanawasa, who died on
August 19. Civilian authorities generally maintained effective control
of the security forces.
The Government's human rights record remained poor, although there
were improvements in a few areas. Human rights problems included
unlawful killings; torture, beatings, and abuse of suspects and
detainees by security forces; official impunity; poor and life
threatening prison conditions; arbitrary arrests and prolonged
detention; long trial delays; arbitrary interference with privacy;
restrictions on freedom of speech, press, assembly, and association;
government corruption; violence and discrimination against women; child
abuse; trafficking in persons; discrimination against persons with
disabilities; restrictions on labor rights; forced labor and child
labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
security forces committed unlawful killings during the year. The Legal
Resources Foundation (LRF), an independent human rights organization
that counseled victims' families and represented them in actions
against the Government, consistently investigated and publicized such
incidents; however, the Government rarely punished perpetrators. Police
and government officials encouraged police officers to use their
weapons when apprehending suspects, despite a 2006 government directive
that restricted the use of firearms by police officers and a 2006
government pledge to retrain police on the use of force. The Government
also did not enforce a November 2007 statement by Minister of Home
Affairs Ronnie Shikapwasha that off-duty police officers would no
longer have access to firearms; the statement followed a series of
civilian shootings by off-duty officers.
In April two police officers in Mumbwa allegedly handcuffed and
beat suspect Alfred Nyanga to death while he was in custody. Two police
officers were arrested over the incident, and investigations were
ongoing at year's end.
On May 29, two police officers in Mwinilunga allegedly beat to
death suspect Robert Chimwang'a while he was in police custody. A
police investigation was being conducted at year's end.
There were no developments, and none were expected, in the
following 2007 police killings: the January shooting death of a man
caught siphoning fuel; the February alleged rape and killing of a
female suspect in custody; and the October shooting death of a suspect
who refused to relinquish a fuel container to police.
No further information was available about the 2006 police killings
of two teenagers in Lusaka and two high school students in a Kitwe
nightclub.
Mob violence that targeted suspected criminals, persons accused of
witchcraft, persons suspected of sexual impropriety, or persons with
mental illness resulted in killings; no action was taken against
perpetrators. In February a mob stoned a minibus driver to death
following a dispute between the driver and a passenger over payment.
In March residents of Misisi Township in Lusaka attacked two men
suspected of being involved in the robbery and death of a Lusaka
businessman. The residents stoned the suspected robbers, one of whom
died. Police spokesperson Bonny Kapeso subsequently pled with the
public to turn over suspects to law enforcement and avoid taking the
law into their own hands.
In April a mob in Luanshya attacked an office where a suspected
thief was being held and eventually forced the suspect into the open.
The mob then stoned the suspected thief before pouring kerosene on him
and setting him ablaze. Police intervened to save the man from the
crowds, but the suspect subsequently died of his injuries.
No action was taken in 2007 cases of mob 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, police
frequently used excessive force including torture when apprehending,
interrogating, and detaining criminal suspects or illegal immigrants.
In 2006 the Government's Human Rights Commission (HRC) reported that
torture was prevalent in police stations, noting that ``police officers
continue to rely on torture as an interrogation technique.'' The HRC
urged the Government to draft and enact legislation that would
criminalize torture and provide for compensation to victims; however,
no legislation had been drafted by year's end. Authorities also
detained, interrogated, and physically abused family members or
associates of criminal suspects in attempts to identify or locate the
suspects. Officers who tortured, beat, or otherwise abused suspects
generally were not disciplined or arrested for such acts.
In June Mongu resident Monde Naluli reported to the LRF that when
she went to the police station for help in finding her missing child, a
police woman slapped her and placed her in custody for three days.
Naluli, who was seven months pregnant at the time, also reported that
the police shaved her head and forced her to run around the prison yard
with one of her other children, a two-year-old, on her back. The LRF
was assisting Naluli in pursuing a case against the police for abuse of
office and wrongful detention at year's end.
In July 2007 Deputy Minister for Home Affairs Grace Njapau told
parliament that the Government had put in place measures to reduce
brutality and abuse of inmates by police, including additional training
for police officers; however, no known action was taken on these
initiatives during the year.
No action was taken against guards at Mufulira State Prison who in
2007 stripped and beat prisoners.
According to human rights groups, police occasionally demanded sex
from female detainees as a condition for their release. There also were
reports that police officers raped women and young girls while they
were in custody.
In December 2007 a 14 year old girl filed a civil suit against the
attorney general and police officer Sitali Ikowa, alleging that Ikowa
impregnated her and infected her with HIV during her May through August
2007 detention at Prospect Police Station. According to the claim filed
before the Kabwe High Court and obtained by the LRF, Ikowa threatened
and raped the girl on numerous occasions.
No information was available on the police officer arrested in
December 2007 for raping a suspect at Nkana East Police Station.
There were several instances of mob violence reported during the
year; however, unlike in the previous year, there were no reports of
societal violence against accused witches.
Prison and Detention Center Conditions.--Prison conditions were
poor and life threatening. An inefficient judiciary delayed court
proceedings and exacerbated overcrowding. The country's prisons, which
were built to hold 5,500 inmates, held nearly 15,000 prisoners and
detainees. Lusaka Central Prison, which was designed to accommodate 200
prisoners, held more than 1,500, forcing some inmates to sleep sitting
upright. Poor sanitation, inadequate medical facilities, meager food
supplies, and lack of potable water resulted in serious outbreaks of
dysentery, cholera, and tuberculosis, which were exacerbated by
overcrowding.
Prisoners routinely complained that authorities denied them access
to medical care as provided for by law. Failure to remove or quarantine
sick inmates and the lack of infirmaries at many prisons resulted in
the spread of airborne illnesses such as tuberculosis, leading to
prisoner reinfection and death. Drugs to combat tuberculosis were
available but the supply was erratic. Many prisoners were malnourished
because they received only one serving of corn meal and beans per day,
called a ``combined meal'' because it represented breakfast, lunch, and
dinner.
The HIV/AIDS prevalence rate in prisons was estimated at 27
percent. Antiretroviral treatment (ART) was available to some prisoners
with HIV/AIDS; however, poor nutrition often rendered ART ineffective.
Juveniles often were not held separately from adults. Incarcerated
women who had no alternatives for child care could choose to have their
infants and young children with them in prison until the children
reached the age of four. Pretrial detainees were not held separately
from convicted prisoners.
The Government permitted prison visits by both domestic and
international nongovernmental organizations (NGOs) and by resident
foreign diplomats during the year. The International Committee of the
Red Cross (ICRC), provincial human rights committees, and the LRF
periodically inspected prison conditions during the year. In June the
HRC visited prisons in the North Western Province and expressed concern
with overcrowding, dilapidated infrastructure, lack of potable water,
and deficiencies in health facilities.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, the Government did
not respect these prohibitions.
Role of the Police and Security Apparatus.--The police, divided
into regular and paramilitary units under the Ministry of Home Affairs,
have primary responsibility for maintaining law and order. The Zambia
Security Intelligence Service (ZSIS), under the office of the
president, is responsible for intelligence and internal security.
Police posts in towns throughout the country reported to one of nine
provincial police stations, which in turn reported to the central
police command in Lusaka. Although the Government identified a need for
27,000 police officers, only 15,000 had been employed by year's end.
Lack of professionalism, investigatory skills, and discipline in
the police force remained serious problems. Low salaries and
substandard government housing exacerbated police corruption, as did
poor working conditions. Police released prisoners for bribes, extorted
money from victims, and required ``document processing fees'' or ``gas
money'' to commence investigations.
In an effort to address these issues, the Police Public Complaints
Authority (PPCA) met during the year to review complaints regarding
police conduct that were not resolved through internal police channels.
The PPCA reported that it received 64 complaints regarding police
misconduct from January to June; 17 were related to unlawful detention,
16 to unprofessional conduct, 15 to police brutality, seven to police
inaction, seven to abuse of authority, and two to death in police
custody. In five of the 64 cases, the perpetrator was punished or a
settlement was mediated. The range of recommended punishments included
fines, demotion in rank, and dismissal. Many cases of abuse went
unreported due to citizen ignorance of the PPCA and fear of
retribution.
Many complainants dropped their cases after involved police
officers intervened directly with the complainant. Such interventions
sometimes involved intimidation of complainants, but according to the
PPCA, some cases were dropped after police officers offered
compensation to avoid a formal PPCA investigation.
Arrest and Detention.--The constitution and law provide that
authorities obtain a warrant before arresting a person for some
offenses, but other offenses have no such requirement. For example,
police are not required to obtain a warrant when they suspect that a
person has committed offenses including treason, sedition, defamation
of the president, unlawful assembly, or abuse of office. In practice,
police rarely obtained warrants before making arrests.
According to the law, suspects being arrested must be informed of
their rights, including the immediate right to an attorney. The law
provides that persons arrested must appear before a magistrate within
24 hours of their arrest; however, detainees were frequently held for
much longer periods because prosecutors routinely required that
officers collect additional evidence before presenting cases to a
magistrate. There was a functioning bail system; however, prisons were
overcrowded in part because of the numerous offenses for which bail is
not granted, including treason, murder, aggravated robbery, and
violations of narcotics laws. In practice police generally did not
respect prisoners' right to apply for bail. Indigent detainees and
defendants rarely had the means to post bail. The Government's legal
aid office, responsible for providing representation for indigent
detainees and defendants in criminal or civil cases, assisted very few
arrestees.
Arbitrary arrest and detention remained problems. Police
arbitrarily arrested family members of criminal suspects. Criminal
suspects were arrested on the basis of insubstantial evidence,
uncorroborated accusations, or as a pretext for extortion. Police
stations frequently acted as ``debt collection centers,'' where police
officers acting on unofficial complaints detained debtors without
charge until they paid the complainants; in return, the police received
a percentage of the payments. Some officers found engaging in this
practice reportedly were disciplined.
In April a Kapiri Mposhi magistrate briefly detained Rachel Bwalya,
19, and her 19 month old baby for alleged contempt of court; the
magistrate alleged that the crying of the infant, who lived with Bwalya
near the court, disturbed court proceedings. Bwalya was released only
after her mother paid a fine of 250,000 kwacha ($50). Bwalya filed a
complaint demanding compensation from the magistrate for unlawful
detention.
Prolonged pretrial detention was a problem, and some defendants
awaited trial for as long as three years. Approximately one third of
persons incarcerated in prisons had not been convicted of a crime or
received a trial date. Broad rules of procedure give wide latitude to
prosecutors and defense attorneys to request delays or adjournments.
According to human rights groups, prison administrators routinely
doctored paperwork to make it look as though prisoners had appeared
before a magistrate when they had not, often because prison authorities
had no fuel to transport prisoners to courts. Judicial inefficiency,
lack of resources, and lack of trained personnel also contributed to
prolonged pretrial detention.
In July Ernest Banda, a suspect accused of robbery, asked the LRF
to secure his release from detention. Banda, who has been in detention
since 2005, last appeared in court in 2006 and allegedly has been kept
in prison without trial because his case record at court cannot be
found.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judicial system was hampered
by inefficiency, corruption, and lack of resources. Government
officials used their offices to circumvent standard police and judicial
procedures. However, during the year the courts at times made judgments
and rulings critical of the Government. In several instances, the
courts awarded damages in cases of police and security force abuse or
unlawful arrest.
For example, on April 7, a Kitwe High Court judge awarded Winstone
Chembe of Solwezi 20 million kwacha ($4,800) as compensation for false
imprisonment and ``malicious prosecution.'' Chembe was arrested in 2004
for allegedly stealing a bicycle and was detained for 13 days at
Solwezi Police Station before being released without charge. Although
the bicycle was later recovered from a suspect who confessed that he
had acted alone, Chembe was rearrested and prosecuted together with the
confessed thief. The State later withdrew the charges for lack of
evidence.
Poor working conditions caused many magistrates to leave their
jobs. There were 149 magistrates employed at the end of the year. Fully
qualified attorneys occupied approximately 35 magistrate positions
during the year, up from 12 in 2007; lay magistrates filled the rest.
Unlike in the previous year, there were no judicial strikes to protest
delayed housing allowances.
The Supreme Court has appellate jurisdiction for all legal and
constitutional disputes. The High Court, which held regular sessions in
all nine provincial capitals, has authority to hear criminal and civil
cases and appeals from lower courts. Magistrate courts have original
jurisdiction in some criminal and civil cases; customary courts heard
most civil and petty criminal cases in rural areas.
Trial Procedures.--Defendants are considered innocent until proven
guilty, and trials in magistrate and local courts are public. Juries
are not used, but trials are open to the public. Defendants have the
right to be present and to consult with an attorney; however, many
defendants lacked the resources to retain a lawyer. The law provides
for free legal counsel when defendants face serious charges; however,
public defenders were overwhelmed with cases, and many defendants did
not have legal representation. Defendants can confront or question
witnesses against them and present evidence and witnesses on their
behalf. Defendants and their attorneys have access to government-held
evidence relevant to their cases.
Courts were congested, and there were significant delays in trials
while the accused remained in custody. In cases in which the
magistrate's court did not have jurisdiction, at least six months
elapsed before a magistrate committed the defendant to the High Court
for trial. Following committal, preparation of the magistrate court
record for transmittal to the High Court took months, or in some cases,
as long as a year. Once a case reached the High Court for trial, court
proceedings lasted an average of six months.
Local courts employ customary (tribal) law, which varies widely
throughout the country. Lawyers are barred from participating in
proceedings in courts that apply customary law, and there are few
formal rules of procedure.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, and complainants have access
to the High Court to seek damages for human rights abuses. There were
problems enforcing domestic court orders due to insufficient judicial
resources.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions;
however, the Government frequently did not respect these prohibitions
in practice. The law requires a search or arrest warrant before police
may enter a home, except during a state of emergency. Police routinely
ignored this requirement and arrested suspected criminals at their
homes without an arrest warrant.
The law grants the Drug Enforcement Commission and the ZSIS
authority to wiretap telephones based on probable cause.
Authorities sometimes detained, interrogated, and physically abused
family members of criminal suspects to obtain their cooperation in
identifying or locating suspects. For example, on May 21, after
intervention by the LRF, Doreen Zimba of Chipata compound was released
from prison after being detained for one year without trial. Police
arrested Zimba in April 2007 after failing to find her son, who
allegedly had defiled a seven year old girl in 2006.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government at
times restricted these rights. The law includes provisions that may be
interpreted broadly to restrict these freedoms. Journalists in the
Government owned media generally practiced self censorship.
Individuals could criticize the Government publicly or privately
without reprisal. The Government did not attempt to impede such
criticism.
The independent media were active and expressed a wide variety of
views without restriction, although the Government often criticized
independent media outlets for being too outspoken. A number of
privately owned newspapers questioned government actions and policies,
and these circulated without government interference. The international
media operated freely.
The Government controlled Times of Zambia and Zambia Daily Mail
were two of the most widely circulated newspapers. The Government
exercised considerable influence over both newspapers, including
reviewing articles prior to publication and censuring individuals
responsible for published articles. Opposition political parties and
civil society groups complained that government control of the two
newspapers limited their access to mass communication.
On August 30, Mbita Chitala, the country's former ambassador to
Libya, threatened journalists from the Zambia Daily Mail that they
risked being sacked for not publishing his articles. At the time
Chitala was soliciting press coverage of the MMD's nomination of Vice
President Rupia Banda for the presidential by-election. Both the Press
Association of Zambia and the Zambia Union of Journalists criticized
Chitala's action.
The 2007 defamation case pursued by Deputy Secretary to the Cabinet
Robert Mataka against the Zambian Watchdog newspaper was ongoing at
year's end, as was the 2006 defamation suit filed by Patriotic Front
president Michael Sata against the Zambia Daily Mail.
In addition to a government controlled radio station, there were
numerous private radio stations. The Government detained and censured
individuals responsible for programs deemed offensive by the
Government.
On September 19, popular radio station Q-FM announced that it was
not able to air a weekly call-in show due to a governmental directive
requiring radio stations to use special equipment to screen calls.
Ministry of Information and Broadcasting Service Permanent Secretary
Emmanuel Nyirenda subsequently clarified that what was sent to radio
stations was not a directive, but rather ``timely advice'' to
management to refrain from airing call-in programs that allowed no
control over caller content. Observers believed the ``timely advice''
was connected to Q-FM's September 8 call-in program, during which
callers repeatedly asked ruling MMD member Vernon Mwaanga why he had
rigged past presidential elections.
On November 12, police arrested prominent radio personality Father
Frank Bwalya following his broadcast of a call-in show that criticized
the fairness of the October 30 elections and the high price of mealie-
meal, the corn meal staple of the country. Callers subsequently
encouraged listeners to participate in a November 15 rally by the
opposition Patriotic Front. Security forces held Bwalya overnight for
``issuing statements that cause hostility between groups, stating that
the elections were fraudulent, and saying that President Banda was not
legitimately elected.'' On November 27, the Government dropped the
charges, citing unspecified security reasons.
Unlike in previous years, there were no reports that radio
journalists in Western Province complained of censorship and
intimidation by the Barotse Royal Establishment, a traditional
leadership structure headed by a King.
The Government owned Zambia National Broadcasting Corporation was
the principal local-content television station. Several private
television stations, including foreign-owned media, also broadcast
locally. Opposition political parties and civil society groups charged
that government control of ZNBC also limited their access to mass
communication.
There were no developments in the investigation of Cabinet Protocol
Officer Lovewell Jere, who in August 2007 barred local journalists from
covering events surrounding the Southern African Development Community
Summit.
The law provides that investigative tribunals can call as witnesses
journalists and media managers who print allegations of parliamentary
misconduct. Failure to cooperate with a tribunal can result in charges
of contempt punishable by up to six months in prison. The media
criticized these provisions as clear infringements of freedom of the
press and as a means for parliamentarians to bypass the court system.
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. Although the law
gives the University Council a mandate to address faculty concerns, the
minister of education was empowered to appoint the members of the
council; some academics criticized this provision as an infringement of
academic freedom.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the Government restricted this right. Although the law does
not require a permit to hold a rally, it requires organizers to notify
police seven days in advance. Police are empowered to decide when and
where rallies are held and who may address participants. The Government
on occasion has used the law's broad mandate to arbitrarily change the
time and date of rallies, particularly of NGOs and opposition parties,
and did so during the presidential by-election campaign.
Police forcibly dispersed demonstrations during the year. In May
police in Lusaka shot and injured two University of Zambia students who
were demonstrating against government living allowances. During their
protest students occupied a main city thoroughfare and threw stones at
motorists. According to press reports, police used live bullets to
disperse the students ``because they ran out of tear gas canisters.''
Then president Mwanawasa condemned the police action. No action was
taken against police.
Freedom of Association.--The law provides for freedom of
association, but the Government placed some limits on this right. All
organizations must formally apply for registration to the Registrar of
Societies. The registration process was long and permitted considerable
discretion on the part of the registrar. During the year there were no
cases in which the registrar refused to register an organization,
although it threatened to deregister organizations that had not paid
fees or were otherwise not in compliance with the law.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice. Although the constitution declared the country a Christian
nation, the Government generally respected the right of all religious
groups to worship freely.
The Government required the registration of religious groups and
approved all applications for registration from religious groups
without discrimination.
The High Court did not rule, and was not expected to, on the
Universal Church of the Kingdom of God's petition to find the
Government in contempt for violating an order staying proceedings
against the church. The Government had sought to deregister the church
in 2005, but in January 2006 the High Court overturned the Government's
decision and allowed the church to continue operations.
Societal Abuses and Discrimination.--There were approximately 80
persons in the Jewish community and no reports of anti Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
these rights; however, the Government intermittently limited them.
Police continued to man numerous roadblocks around the country to
control criminal activity, enforce customs and immigration regulations,
check drivers' licenses, and inspect vehicles for safety compliance.
Police at times extorted money and goods from motorists at these
roadblocks.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--The law does not provide for the granting
of refugee status or asylum in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol; however, the
Government has established a system for providing protection to
refugees and granted refugee status or asylum. In practice the
Government provided some protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened;
however, there were reports during the year that the Government denied
protected status to several Zimbabweans seeking asylum and returned
them to northern Zimbabwe. The Government repeatedly denied the charge.
The Government cooperated with the UN High Commissioner for Refugees
(UNHCR) and other humanitarian organizations in providing protection
and assistance to internally displaced persons, refugees, returning
refugees, asylum seekers, stateless persons, and other persons of
concern. The Government also provided temporary protection to
individuals who may not qualify as refugees under the 1951 UN
convention or the 1967 protocol.
The country hosted approximately 85,000 refugees, mainly from
Angola and the Democratic Republic of Congo. During the year the
Government assisted in the repatriation of approximately 10,000
Congolese refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government, and citizens exercised this right in practice through
periodic elections held on the basis of universal suffrage.
Elections and Political Participation.--On October 30, former vice
president Rupiah Banda was elected president in a by-election conducted
after the August 19 death of former president Levy Mwanawasa; the
former president died after complications from a stroke suffered in
June. Despite the lack of updated voter rolls and other problems,
international observers characterized the by-election as transparent,
orderly, and well run; however, opposition Patriotic Front candidate
Michael Sata filed a petition with the Supreme Court to request a
recount. The court had not ruled on the petition by year's end.
During the year several by-elections were held after incumbent
deaths or court nullification of election results. Reports of vote-
buying and misappropriation of government resources for unfair
political advantage continued, and some cases were challenged in court.
On February 21, Patriotic Front candidate Gerry Chanda was elected
Kanyama member of parliament (MP), and on June 26, MMD candidate Reuben
Chisanga Banda was elected as Milanzi constituency MP. Although both
by-elections were generally free, they were marred by allegations of
vote buying, promises of massive development, and distribution of
clothing and food relief.
On August 12, the Supreme Court nullified the election of
Mwansabombwe MP Samuel Chitonge after Chitonge's opponent, Maybin
Mubanga, alleged the physical abuse of MMD members campaigning in the
area. Mubanga maintained that such abuse intimidated the local
population and prevented them from choosing the candidate of their
choice. On October 30, Chitonge won the by-election.
There were 23 women in parliament, three serving in the cabinet,
and three serving in the Supreme Court. The country's ethnic
communities were well represented in political institutions.
The National Constitutional Conference (NCC) continued to meet
throughout the year to consider the draft constitution proposed by the
2005 Mung'omba Constitutional Review Commission. Some civil society
groups, including large umbrella organizations representing women's
groups and church groups, maintained their boycott of the NCC in
protest of what they perceived as heavy government and ruling party
representation.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government attempted to
implement the law; however, officials engaged in corrupt practices with
impunity. Petty corruption in the police and other public authorities
was particularly problematic.
The World Bank's worldwide governance indicators reflected that
corruption was a serious problem; however, the Government made some
improvements in fighting corruption. The Government continued its
collaboration with the international community to improve its capacity
to investigate and prevent corruption. Parliamentary committees
sustained their scrutiny of executive branch operations, and the
Anticorruption Commission (ACC) continued its prosecution and public
educational activities. In 2007 the ACC received 880 reports of
corruption, 416 of which were investigated. Of those 416, there were 20
convictions. The ACC maintained a toll-free hotline for reports of
corrupt practices.
Despite these efforts there remained a widespread public perception
that corruption was pervasive in almost all government institutions.
Controls over government funds and property were often weak,
investigative units often lacked authority and personnel, and officials
dealing with the public frequently demanded illicit payments with
impunity. Additionally, the Government had no clear policy for the
disposal of confiscated assets, and the process to liquidate assets
seized in the anticorruption campaign was not transparent. Public
officials were not subject to financial disclosure laws, although
presidential candidates were required to disclose financial assets when
filing their candidacies with the Supreme Court.
The criminal case against former president Chiluba was convened and
adjourned several times and was ongoing at year's end; in May 2007 a
British court found Chiluba and several others liable in a civil suit
for misappropriating 164,000 billion kwacha ($33 million) in public
resources. The prosecution's case against Chiluba's wife, Regina
Chiluba, also continued at year's end.
The trials on 2004 corruption charges of several officials and
military commanders of the former Mwanawasa administration were ongoing
at year's end, including those of lieutenant generals Sande Kayumba and
Geojago Musengule; Lieutenant General Wilford Funjika was convicted of
corruption in October 2007.
The law does not provide for public access to government
information; however, the Government provided information to media and
other interested parties on an ad hoc basis. Information related to
defense and security forces was withheld from the public.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally cooperated with such groups.
Major local human rights NGOs included the Legal Resources
Foundation, Justice for Widows and Orphans, Women for Change, the NGO
Coordinating Council, Civil Society for Poverty Reduction, and the
Southern Africa Center for Constructive Resolution of Disputes.
Government officials sometimes denounced vocal civil society
leaders in the media to discredit them. For example, in an apparent
reference to the arrest of prominent radio personality Father Frank
Bwalya, Southern Province minister Daniel Munkombwe warned in November
that church leaders were becoming ``agents of genocide'' and should be
arrested.
The Government cooperated with international NGOs. During the year
the ICRC closed its Lusaka office but made occasional visits to the
country from its office in Harare, Zimbabwe.
The HRC oversaw human rights committees in all provincial capitals,
interceded on behalf of persons whose rights it believed were denied by
the Government, and spoke on behalf of detainees and prisoners.
Independent human rights groups continued to complain that the HRC was
understaffed, underfinanced, and lacked sufficient authority to enforce
its recommendations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
tribe, gender, place of origin, marital status, political opinion,
color, disability, language, social status, or creed; however, violence
and discrimination against women and persons with disabilities remained
a problem.
Women.--The law prohibits rape, and courts generally sentenced
rapists to hard labor. In 2007 the police Victim Support Unit (VSU)
recorded 178 cases of rape, 19 cases of attempted rape, and 135 cases
of indecent assault; 38 defendants were convicted, 12 were acquitted,
and 27 were withdrawn. The penal code does not specifically prohibit
marital rape, and statutes that criminalize rape cannot be used in a
practical sense to prosecute cases of rape in marriage.
Domestic violence against women was a serious problem, and wife
beating and rape were widespread. There is no specific law against
domestic violence, and cases of domestic violence were prosecuted under
the general assault statutes. Penalties imposed for assault ranged from
two to 25 years' imprisonment, depending on the severity of injury and
whether a weapon was used. The VSU was responsible for handling
problems of domestic assault, wife beating, mistreatment of widows by
the deceased husband's relatives, and property grabbing; however, in
practice, the police often were reluctant to pursue reports of domestic
violence and preferred to encourage reconciliation.
Due to traditional and cultural inhibitions, most cases of violence
against women and children went unreported; however, increased public
awareness resulted in more reporting of such incidents to police and
other authorities than in previous years. The VSU reported that victims
often refused to cooperate and that forensic equipment needed to
develop evidence was lacking. The Government and NGOs expressed
continued concern about violence against women. In a 2007 Human Rights
Watch study, women reported that fear of retribution from their
husbands often prevented them from seeking free access to HIV
counseling and testing, as well as to treatment.
Prostitution is illegal, and police routinely arrested street
prostitutes for loitering. There were no reliable statistics on the
number of prostitutes.
The law prohibits the sexual harassment of children, but there are
no laws that specifically prohibit sexual harassment of adults, and
sexual harassment in the workplace was common.
The law entitles women to equality with men in most areas; however,
women were severely disadvantaged in formal employment and education.
Married women who were employed often suffered from discriminatory
conditions of service. Women had little independent access to credit
facilities; in most cases, they remained dependent on their husbands,
who were required to cosign for loans. As a result, few women owned
their own homes; however, some small financial institutions allowed
women to sign independently for loans.
Customary law and practice also place women in a subordinate status
with respect to property, inheritance, and marriage, despite
constitutional and legal protections. Polygyny is permitted if the
first wife agrees to it at the time of her wedding. Under the law a
deceased man's children equally share 50 percent of an estate; the
widow receives 20 percent; the man's parents receive 20 percent; and
other relatives receive 10 percent. The widow's share must be divided
equally with any other women who can prove a marital relationship with
the deceased man, thus granting inheritance rights to other wives,
mistresses, and concubines. However, under the traditional customs
prevalent in most ethnic groups, all rights to inherit property rest
with the deceased man's family. Property grabbing by relatives remained
widespread, although increased training of local court officials may
have resulted in a slight decrease in the practice. Many widows were
ignorant of the law and as a result received little or nothing from the
estate. The fines that the law mandates for property grabbing were
extremely low. The police, through its VSU, treated instances of
property grabbing as criminal offenses.
The traditional practice of ``sexual cleansing,'' in which a widow
has sex with her late husband's relatives as part of a cleansing
ritual, continued, although some traditional leaders have banned the
practice. The penal code also outlaws sexual cleansing.
Children.--Although the Government sought to improve the welfare of
children through the ministries of labor and social security, sport,
youth, and child development, as well as education, scarce resources
and ineffective implementation of social programs continued to
adversely affect children.
Government policy provided for free basic education through grade
seven; however, education was not compulsory, and many children did not
attend school. Contrary to government policy, many teachers and school
administrators required students to purchase uniforms or pay a fee
before they would allow them to attend classes. The net enrollment rate
for children of primary school age increased from 66 percent in 1999 to
97 percent by 2005. The numbers of girls and boys in primary school
were approximately equal; however, fewer girls attended secondary
school. According to the UN Children's Fund, the sexual abuse of female
students by their teachers discouraged many girls from attending
classes.
Child abuse and violence against children were problems,
particularly defilement, which the law defines as the ``unlawful and
carnal knowledge of a child under the age of 16.'' The police VSU
recorded 696 defilement cases in 2007; prosecutions resulted in 160
convictions and 26 acquittals. In September the HRC held a series of
public hearings to draw attention to the problem of violence against
children and to find solutions.
Early marriage was a problem. Although a person must be at least 16
years old to marry under statutory law, there is no minimum age under
customary law. A few traditional leaders spoke against early marriage
and took steps to discourage it, but the majority of traditional
leaders condoned the practice. Courts intervened in cases of gross
abuse.
There are laws that criminalize child prostitution; however, the
law was not enforced effectively, and child prostitution was
widespread.
There were 1.2 million children under the age of 15 who were
orphaned, approximately 800,000 of these as a result of HIV/AIDS. These
children faced greater risks of child abuse, sexual abuse, and child
labor. Approximately 75 percent of all households were caring for at
least one orphan, and children headed approximately 7 percent of
households due to the death of both parents. The Government had
programs to increase public awareness of HIV/AIDS.
An estimated 20,000 to 30,000 children lived on the streets, often
begging or prostituting themselves to survive. In 2007 the police and
Ministry of Community Development and Social Services launched a Child
Protection Unit with offices in the ministry to identify and remove
children from the streets. In 2007, 346 street children were
reintegrated with their families, 234 children were sent to school, and
185 were placed in various centers. The ministry also initiated a cash
transfer scheme in five districts to target vulnerable families who
might otherwise send minors into the streets to beg or work. In 2007
the transfer program benefited 7,476 households.
The Ministry of Sport, Youth, and Child Development continued its
efforts to rehabilitate street children by providing education and
skills training at two converted national service camps in Kitwe and
Chipata. After graduating from the camps, the children are placed in
youth resource centers throughout the country, where they receive
training in carpentry, tailoring, farming, and other trades.
Trafficking in Persons.--On November 19, President Banda signed a
new antitrafficking law that prohibits the transport, reception, and
harboring of trafficking victims. To be convicted of trafficking under
the old law, a person had to be witnessed accepting money in exchange
for the victim. There were reports that persons were trafficked to,
from, and within the country.
The Government did not collect or maintain data on the extent or
nature of trafficking in the country; however, trafficking,
particularly in the form of child prostitution, was believed to be
significant. Female citizens were trafficked within the country and to
other parts of Africa and to Europe, and the country was used as a
transit point for regional trafficking of women for prostitution.
Traffickers fraudulently obtained Zambian travel documents for their
victims before proceeding to other destinations.
A June 2007 study on child trafficking in the country published by
the International Labor Organization (ILO) concluded that trafficking
was predominantly internal and involved family members and relatives.
The study noted that children were often trafficked as a source of
cheap labor and that girls were at more risk of being trafficked than
boys. Law enforcement and immigration officers had varying levels of
knowledge about trafficking, a problem exacerbated by extensive and
extremely porous borders.
Traffickers often used promises of employment to entice young girls
and women to leave their homes and families and then forced them into
prostitution.
Anyone convicted of trafficking is subject to a term of
imprisonment from 20 years to life.
In April the Kasama High Court sentenced two men to 20 and 25
years' imprisonment, respectively, for child trafficking. The men were
caught attempting to sell an eight-year-old boy in 2006.
Through its social welfare agencies, the Government provided
counseling, shelter, and protection to victims of child prostitution or
referred victims to NGOs that provided such services. In some cases
victims were placed in protective custody at rehabilitation centers or
victim support shelters operated by NGOs.
Unless government officials were unaware that victims had been
trafficked, victims were not detained, jailed, deported, or prosecuted
for violations of other laws. When trafficking investigations
substantiated allegations, the Government encouraged victims to assist
with investigation and prosecution. The Government did not have its own
means of protecting victims and witnesses; however, it arranged for
protective custody and security protection through facilities operated
by NGOs.
The Government did not have programs that specifically targeted
trafficking, although law enforcement officers attended training
courses that raised awareness of the problem. A government interagency
committee on human trafficking, chaired by the Ministry of Home
Affairs, also met during the year to promote coordination and
information sharing among agencies. Government agencies responsible for
combating trafficking included the police, immigration authorities, and
the ministries of justice, labor, and education.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination in
general, but there is no law that specifically prohibits discrimination
against persons with physical or mental health disabilities in
employment, education, or access to health care. Persons with
disabilities faced significant societal discrimination in employment
and education. Public buildings, schools, and hospitals rarely had
facilities to accommodate persons with disabilities. The Government did
not legislate or otherwise mandate accessibility to public buildings
and services for persons with disabilities. The Ministry of Community
Development has responsibility for ensuring the rights of persons with
disabilities.
Other Societal Abuses and Discrimination.--The law prohibits
``carnal knowledge of any person against the order of nature,'' but it
does not specifically outlaw homosexuality.
The Government actively discouraged discrimination against those
persons with HIV/AIDS; however, there was strong societal and
employment discrimination against such individuals. Government
officials made announcements discouraging such discrimination but made
little headway in changing entrenched attitudes.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form and
belong to trade unions of their choice without previous authorization
or excessive requirements, and workers exercised these rights in
practice. Police officers were not permitted to form unions and
remained nonunionized at year's end. Approximately two-thirds of the
country's 300,000 formal sector employees were unionized. The law
allows unions to conduct their activities without interference, and the
Government generally protected this right in practice. The law provides
for the right to strike, except for those engaged in essential
services, but requires that all other legal recourse be exhausted
first. The last legal strike in the country occurred in 1993. Workers
engaged in illegal strikes can be dismissed by their employers; the
Government at times intervened for political reasons when such
dismissals occurred. Unlike in the previous year, there were no such
dismissals.
The Industrial and Labor Relations Act (IRA) governs union
activity. No organization can be registered unless it has at least 25
members, and with some exceptions, no trade union can be registered if
it claims to represent a class of employees already represented by an
existing trade union. Unions may be deregistered under certain
circumstances; however, the IRA provides for notice, reconsideration,
and right of appeal to an industrial relations court.
During the year the Government challenged Joyce Nonde's eligibility
to be the president of the Federation of Free Trade Unions of Zambia on
the grounds that she had resigned her job at the Zambia National
Building Society to be employed full time by the Zambia Union of
Financial Institutions and Allied Workers. The court found in Nonde's
favor, but the Government subsequently proposed amendments to the
Industrial and Labor Relations bill that would disqualify Nonde based
on her lack of outside employment. The amendments bill was still under
consideration at year's end.
Essential services not permitted to strike include the defense
force, judiciary, police, prison service, and the ZSIS. The law further
defines essential services as any activity relating to the generation,
supply, or distribution of electricity; the supply and distribution of
water and sewerage; fire departments; and the maintenance of safe and
sound conditions in underground working environments such as shafts and
machinery in the mining sector.
In 2007 the Chinese government began construction of facilities in
an economic zone in the Copperbelt Province. During the year workers
rioted over pay and conditions, and approximately 500 workers were
dismissed by management. All workers were subsequently reinstated.
b. The Right to Organize and Bargain Collectively.--The right to
collective bargaining, without government interference, is protected in
law and freely practiced. The law also prohibits antiunion
discrimination and employer interference in union functions, and the
Government enforced this right.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, a study
released by the ILO during the year concluded that such practices
occurred. The law authorizes the Government to call upon citizens to
perform labor in specific instances, such as during national
emergencies or disasters. The Government also may require citizens to
perform labor that was associated with traditional civil or communal
obligations, as when a traditional leader or other dignitary calls upon
all members of a village to assist in preparing for a visit; however,
there were no reports of such activities during the year.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits employment of children at any commercial, agricultural,
or domestic worksite and the engaging of a child in the worst forms of
child labor as defined in international conventions. Nevertheless,
child labor was a problem in subsistence agriculture, domestic service,
and other informal sectors, where children under the age of 15 often
were employed, and the law was not enforced. The law also prohibits
slavery and the procurement or offering of a child for illicit
activities.
The minimum age for employment is 15; for hazardous work, it is 18.
The labor commissioner effectively enforced minimum age requirements in
the industrial sector, where there was little demand for child labor;
however, minimum wage standards were seldom enforced in the informal
sector, particularly in mining and agriculture. Among the worst forms
of child labor the law includes are child prostitution, slavery in all
its forms, military conscription, and work that is harmful to the
safety, health, or morals of children and young persons.
During the year children who had lost both parents to HIV/AIDS
continued to migrate to urban areas where they lived on the streets. In
urban areas children commonly engaged in street vending.
Child labor was most concentrated in the areas of agriculture,
construction, farming, transportation, prostitution, household work,
quarries, and mines.
The Ministry of Labor and Social Security (MLSS) is responsible for
the implementation and enforcement of child labor laws and regulations.
The MLSS can bring charges that provide for penalties ranging from a
fine to imprisonment for violations. Labor inspectors may also enter
family homesteads and agricultural fields to check for child labor
violations.
Because more than 85 percent of child labor in the country occurred
in the agricultural sector, most often with the consent of families,
the MLSS labor inspectors focused on counseling and educating families
that engaged children in child labor and did not refer any cases for
prosecution during the year. Labor inspectors frequently found it
difficult to access transportation, making it difficult to conduct
inspections in vast rural areas that were difficult to regulate. In
cooperation with NGO partners, the Government continued its efforts to
remove children from child labor. The children, mainly urban orphans,
were placed in formal and transitional classes, while others were given
vocational skills training. More than 20 District Child Labor
Committees had been established by year's end to perform outreach and
plan activities for vulnerable and working children. The purpose of the
committees was to increase awareness of child labor laws and the
harmful effects of child labor and to mobilize communities to eliminate
the worst forms of child labor.
The Government continued to provide awareness and training
activities for officials charged with enforcing child labor laws;
however, the MLSS reported that resource constraints prevented it from
providing all required training.
e. Acceptable Conditions of Work.--The minimum wage in the formal
sector was 268,000 kwacha ($53) per month, based on the legal maximum
workweek of 48 hours. The minimum wage for nonunionized workers, whose
wages and conditions of employment were not regulated through
collective bargaining, was determined by category of employment. The
minimum wage did not provide a worker and family with a decent standard
of living; most minimum wage earners supplemented their incomes through
second jobs, subsistence farming, or reliance on extended family. The
minimum wage act did not apply to domestic servants. The MLSS is
responsible for enforcing the minimum wage, and its inspectors received
and resolved complaints.
For unionized workers, wage scales and maximum workweek limits were
established through collective bargaining. In practice almost all
unionized workers received salaries considerably higher than the
nonunionized minimum wage. The standard work week was 40 hours, and
there were limits on excessive compulsory overtime, depending on the
work category of work. The law requires two days of annual leave per
month of service. The law provides for overtime pay. Employers must pay
employees who work more than 48 hours (45 hours in some categories) in
one week at a rate of one and a half times their hourly rate. Workers
receive double the rate of their hourly pay for work done on a Sunday
or public holiday. The Government effectively enforced these standards.
The law also regulates minimum health standards in industry, and
city and district councils were responsible for enforcement. The
inspector of factories under the minister of labor handled factory
safety; staffing shortages limited enforcement effectiveness. The MLSS
continued to conduct labor inspections during the year and ordered
businesses to close when it found significant violations of labor laws.
The law protects the right of workers to remove themselves from
work situations that endangered health or safety without jeopardy to
their continued employment, but workers did not exercise this right in
practice. The Government acted when well known occupational health
problems existed, such as by requiring that underground mine workers
receive annual medical examinations.
__________
ZIMBABWE
Zimbabwe, with a population of approximately nine million, is
constitutionally a republic, but the Government, dominated by President
Robert Mugabe and his Zimbabwe African National Union-Patriotic Front
(ZANU-PF) since independence, was not freely elected and was
authoritarian. The last four national elections-the presidential
election in 2002, the parliamentary elections in March 2005, the
harmonized presidential and parliamentary elections in March 2008, and
the presidential run-off in June-were not free and fair. In the March
29 elections two factions of the opposition Movement for Democratic
Change (MDC) gained a parliamentary majority. Mugabe was declared the
winner of the June 27 run-off election after opposing candidate Morgan
Tsvangirai withdrew due to ZANU-PF-directed violence that made a free
and fair election impossible. Negotiations subsequently took place
between ZANU-PF and the two MDC factions aimed at agreement on a power-
sharing government. On September 15, all three parties signed a power-
sharing agreement under which Mugabe would retain the presidency and
Tsvangirai would become prime minister-elect; however, the provisions
of the deal had not been implemented by year's end. Although the
constitution allows for multiple parties, ZANU-PF, through the use of
government and paramilitary forces, intimidated and committed abuses
against opposition parties and their supporters and obstructed their
activities. The Joint Operation Command (JOC), a group of senior
security and civilian authorities, maintained control of the security
forces, and often used them to control opposition to ZANU-PF.
The Government continued to engage in the pervasive and systematic
abuse of human rights, which increased during the year. The ruling
party's dominant control and manipulation of the political process
through violence, intimidation, and corruption effectively negated the
right of citizens to change their government. Unlawful killings and
politically motivated abductions increased. State-sanctioned use of
excessive force increased, and security forces tortured members of the
opposition, student leaders, and civil society activists with impunity.
Security forces refused to document cases of political violence
committed by ruling party loyalists against members of the opposition.
Prison conditions were harsh and life threatening. Security forces, who
regularly acted with impunity, arbitrarily arrested and detained the
opposition, members of civil society, labor leaders, journalists,
demonstrators, and religious leaders; lengthy pretrial detention was a
problem. Executive influence and interference in the judiciary
continued. The Government continued to evict citizens and to demolish
homes and informal marketplaces. The Government continued to use
repressive laws to suppress freedoms of speech, press, assembly,
association, academic freedom, and movement. Government corruption
remained widespread. High-ranking government officials made numerous
public threats of violence against demonstrators and members of the
opposition. A nearly three-month ban on the activities of
nongovernmental organizations (NGOs) exacerbated food insecurity and
poverty. After the ban was lifted, security forces, war veteran groups,
and provincial governors continued to interfere with NGO operations,
hampering food distributions. Tens of thousands of citizens were
displaced in the wake of election-related violence and instability, and
the Government impeded NGOs' efforts to assist them and other
vulnerable populations. The following human rights violations also
continued: violence and discrimination against women; trafficking of
women and children; discrimination against persons with disabilities,
ethnic minorities, homosexuals, and persons living with HIV/AIDS;
harassment and interference with labor organizations critical of
government policies; child labor; and forced labor, including of
children.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents committed politically motivated, arbitrary, and unlawful
killings during the year. By year's end over 193 citizens had been
killed in political violence that targeted members of the opposition
party. The MDC claimed that approximately 200 other members and
supporters were missing and presumed dead at year's end. The killings
were primarily committed by members of ZANU-PF, ZANU-PF youth militia,
war veterans, and, to a lesser extent, members of the military and
police. The majority of politically motivated killings occurred between
the March 29 harmonized election and the June 27 presidential run-off
election. NGOs also estimated security forces killed between 200 and
300 citizens in the Chiadzwa diamond fields in Manicaland Province.
Security forces killed opposition members during the year. For
example, on May 14, Tonderai Ndira, MDC Secretary for Security in the
party's Youth Assembly, was abducted from his home in a suburb of
Harare by suspected security agents. His mutilated body was found on
May 21.
On May 22, MDC treasurer in Mashonaland East Shepherd Jani was
abducted in Murehwa by four men suspected of being intelligence
officers. Jani's mutilated body was found two days later.
Security forces engaged in extralegal killings in connection with
illegal diamond mining. According to the press and NGO reports,
security forces undertook a major operation to kill illegal diamond
miners in the Marange/Chiadzwa area of Manicaland during the year, in
order to ensure the diamond sales benefited the Mugabe regime. On
December 12, the NGOs Global Witness and Partnership Africa Canada
claimed ``police reportedly shot and killed as many as 50 informal
diamond diggers in November's raid, allegedly termed Operation No
Return.'' According to numerous reports, military forces used a ground
attack with dogs and guns as well as an aerial assault to kill
indiscriminately persons digging for diamonds. The military allegedly
intervened after learning that police in the area were benefiting from
illegal diamond mining. Press reports from nearby Mutare, where many of
the bodies were taken, indicated dozens of men, women, and children
died from gunshot wounds, dog bite wounds, and torture inflicted by
soldiers. On December 12, the NGOs called for signatories to the
Kimberley Process to prevent Zimbabwean diamonds from entering the
global market, noting, ``the perpetuation of human rights abuses and
indiscriminate extrajudicial killing by governments in pursuit of
Kimberley Process objectives is little better than the problem the
scheme seeks to end. The Kimberley Process should act to condemn and
prevent such violence.''
There were killings by paramilitary forces during the year. For
example, on April 5, ZANU-PF youths and war veterans killed Tapiwa
Mbwanda, MDC organizing secretary for Hurungwe East. According to Human
Rights Watch (HRW), four people were arrested in connection with the
murder but were released without charge after a local ZANU-PF leader
demanded their release.
On April 25, MDC activist Tabitha Marume was shot and killed in
Manicaland when a group of war veterans opened fire on a group of MDC
supporters. Marume and 21 other MDC supporters had gone to a ZANU-PF-
sponsored torture camp to seek the release of 12 MDC members who had
been abducted by war veterans on April 23. When they attempted to
release their colleagues, several dozen war veterans and ZANU-PF
youths, some armed with AK-47 rifles, confronted them. As the MDC
supporters attempted to flee, three persons, including Marume, were
shot and killed.
There were killings by party supporters during the year. For
example, on June 7, a mob of ZANU-PF supporters killed Dadirai Chipiro,
the wife of Patson Chipiro, a MDC local chairman in Mhondoro, by
cutting off her hand and both feet, dragging her body into the kitchen
of their home, setting it on fire, and burning her alive.
On June 16, ZANU-PF supporters attacked the home of Harare's Deputy
Mayor and MDC Councilor for Ward 42, Emamnuel Chiroto, and took away
his wife, Abigail. On June 18, her burned body was found on a nearby
farm. HRW reported that police refused to take action to investigate
the killing.
On July 26, former police officer Kingsley Muteta died after he was
attacked by 12 suspected ZANU-PF youths at his family home in Mudzi.
The mob beat Muteta when he arrived at the house, intending to visit
his mother, who the group said was a known MDC activist. Police made
arrests in the case, but they were subsequently released.
Despite the nearly 200 killings resulting from political violence,
there were no prosecutions or convictions in any of the cases. The
Zimbabwe Human Rights NGO Forum filed five civil suits in the High
Court against perpetrators for wrongful deprivation of life; all were
pending at year's end.
There were no developments in previously reported killings from
2006 or 2007.
b. Disappearance.--There were numerous reports of politically
motivated abductions during the year. MDC leaders reported that state
security agents and ZANU-PF party supporters abducted and tortured
hundreds of opposition and civil society members, as well as student
leaders, as part of a systematic government-sponsored campaign to
dismantle the opposition party's structures before the March 29
election and, especially, immediately preceding the June 27
presidential run-off. In the majority of cases, victims were abducted
from their homes or off the streets by a group of unidentified
assailants, driven to remote locations, interrogated and tortured for
one or two days, and abandoned. In some cases, the abducted person was
located in police custody days or weeks later. Between late October and
year's end, approximately 32 people were abducted by suspected state
security agents and held for up to two months before being brought to
court. At year's end an estimated 14 were still missing.
On June 23, suspected ZANU-PF members abducted lawyer Ernest Jena
from his office in Bindura just before he was due to make a bail
application for detained MDC members. A group of men forced Jena into a
car marked with a ZANU-PF flag and stickers. The men drove Jena to a
secluded place outside Bindura and repeatedly beat him on the buttocks
and back. Jena was detained in leg irons without food and water for two
days. On June 27, Jena's assailants returned him to his office and
forcibly took his passport, identification documents, money, and other
private documents.
In late October, 13 MDC officials, who were primarily from the
Zvimba South constituency, and a two-year-old child were abducted near
Banket in Mashonaland West. Those abducted included Ward 25 councilor
Emmanuel Chinanzvavana; Mashonaland West women's assembly provincial
chairperson, defeated MP candidate, and member of the MDC National
Council Concilia Chinanzvavana; district chairman and defeated
senatorial candidate Fidelis Chiramba; Provincial Secretary Terry
Musona; party youth organizer Fanwell Tembo; party activists Tawanda
Bvumo, Larry Gaka, Gwenzi Kahiya, Agrippa Kakonda, Pieta Kaseke, and
Lloyd Tarumbwa; and youth chairman Collen Mutemagau, along with his
wife Violet Mupfuranhehwe and their two-year-old son Nigel Mutemagau.
Eight of the abductees surfaced in Harare jails on December 23. Police
continued to hold them in custody in connection with allegations of
plotting an insurgency at year's end. While Kakonda, Kahiya, Tembo,
Gaka, Musona, and Tarumbwa remained unaccounted for at year's end, the
six were included in the December 24 High Court order calling on police
to release them.
On December 3, Jestina Mukoko, Director of the NGO Zimbabwe Peace
Project (ZPP), was abducted from her home in Norton. Witnesses reported
that between 15 and 20 men and one woman, several of whom were armed,
arrived at Mukoko's house in two unmarked vehicles at 5:00 a.m., where
approximately five of the men dragged Mukoko from her home into an
unmarked vehicle. Her family immediately reported her abduction to
local police. On December 8, the Chief Superintendent of Norton police
responded to a letter from the National Association of NGOs (NANGO) by
stating that Mukoko was not in police custody and that her case was
being treated as a kidnapping. Despite a December 9 High Court order
directing the police to work closely with her lawyers, search for
Mukoko, and to report daily to the courts on their progress, police did
not fully comply with the order. Separately, on December 8, two ZPP
employees, Pascal Gonzo and Broderick Takawira, were abducted from the
ZPP office in Harare by six suspected state agents in an unmarked
vehicle.
On December 23, 18 persons, including Mukoko, Gonzo, Takawira,
eight persons abducted near Banket in October, and other persons
abducted in November and December, were discovered in numerous Harare
police stations. On December 24, some of the abductees appeared in a
lower court. Officials from the attorney general's office refused to
provide the defendants' lawyers with information on the intended
charges of recruiting and conspiring to mount an armed insurgency from
Botswana until the court hearing began.
On the same day, the High Court issued a final order declaring
illegal the detention of 32 abductees, including the 18 in police
custody and the 14 others still missing, and ordered that nine persons
claiming torture while in custody should be released to a clinic for
examination. On December 25, the majority of the group was moved to a
maximum security prison. On December 29, the Government appealed to the
Supreme Court. At year's end the case was ongoing, the group remained
in prison, and prison officials continued to deny the defendants'
lawyers access to meet privately with their clients.
Prison officials allowed a private doctor to examine the detainees
at a prison hospital; however, they were not granted access to a
private facility. Although officials claimed that the 18 detainees were
involved in various plots to overthrow the Government, none had been
formally charged by year's end. Due to a lack of formal charges and
arrest warrants, and because their custody defied the December 24 court
order, their lawyers referred to them as abductees.
In some cases, abducted persons were killed. For example, on May
13, Beta Chokururama, a member of the MDC National Youth Assembly, and
two other MDC activists, Cain Nyevhe and Godfrey Kauzani, were abducted
in Mashonaland East by men in two trucks without license plates.
Chokururama's body was found the same day; the bodies of Nyevhe and
Kauzani were found on May 18.
The Government seldom investigated reported abductions.
There were no developments in the July 2006 disappearance of an MDC
youth organizer.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution prohibits torture and other
cruel, inhuman, or degrading treatment or punishment, security forces
continued to engage in such practices. Security forces routinely
committed political violence, including torture of citizens in custody,
particularly in areas suspected of heavy support for the opposition.
Army and police units organized, participated in, or provided
logistical support to perpetrators of political violence and generally
permitted their activities. Police also refused to record reports of
politically motivated violence or destruction of property. Police used
excessive force in apprehending and detaining criminal suspects.
Government supporters continued to assault suspected and known
opposition members and their families, civil society activists, and
student leaders. Violent confrontations between various youth groups
aligned with either the Government or the opposition continued.
Human rights groups reported that physical and psychological
torture perpetrated by security agents and government supporters
increased during the year. The violence was particularly widespread
between the March 29 harmonized elections and the June 27 presidential
run-off when security agents and government supporters established
torture camps across the country, particularly in the northern,
central, and eastern provinces. The ruling party also set up numerous
torture camps throughout the country, including Matapi base in Mbare,
Chidodo in Uzumba Maramba Pfungwe, and Dendera in Mudzi. One NGO report
stated that at least 6,300 victims of torture and assault received
medical treatment during the year, nearly double the 3,463 victims
recorded in 2007. Torture and other assault methods commonly reported
included beating victims with sticks, whips and cables; suspension;
burning; electric shock; and falanga (beating the soles of the feet).
For example, on May 4, according to HRW, ZANU-PF officials and war
veterans tortured and beat 70 villagers at a ``re-education'' meeting
at Chaona primary school. Alex Chiseri, Fushirai Dofu, Wilson Emmanuel,
Joseph Madzuramhende, Tapiwa Meda, and Geoffrey Jemedze died as a
result of their injuries. According to witnesses and doctors, three of
the men who died had severely mutilated testicles. Madzuramhende's
genitals were tied with barbed wire, placed on a log and then beaten
severely. Others were forced to lie on the floor while ZANU-PF youths
beat their buttocks with sticks. Some victims required skin grafts for
their injuries. During the beatings, victims were forced to name other
MDC activists, who were then called forward for additional beatings.
On June 16, according to Amnesty International's (AI) October
report Zimbabwe: Time for Accountability, a woman who was five months
pregnant was assaulted by ZANU-PF supporters in Gutu, Midlands
Province, after she failed to attend a ZANU-PF meeting. An estimated
200 persons arrived at the house where the woman and her sister rented
a room. The mob broke windows and dragged the women from the house,
where they were beaten on their buttocks and forced to sing ZANU-PF
songs while the mob looted the home. The following day, a group of
ZANU-PF youths and uniformed soldiers came to the house and ordered the
woman to leave. The youths then beat the woman's sister and another
teenage boy who remained in the house. Soldiers guarded the area while
the ZANU-PF youths singing party songs stole food and soap and
destroyed furniture.
ZPP Director Jestina Mukoko and her colleague, Broderick Takawira,
were abducted by suspected state agents on December 3 and 8
respectively and then tortured in custody, according to affidavits they
presented to the High Court. Mukoko and Takawira reported they were
both subjected to falanga.
Eric Matinenga, an MDC member of parliament for Buhera West and a
prominent attorney, presented a case before the High Court on May 19,
alleging the involvement of the Zimbabwean Defense Forces in harassing,
assaulting, and humiliating MDC supporters. The case named the
Commander of the Defense Forces Constantine Chiwenga, and Major Svosve
as the organizers of the repressive activities by security personnel in
Buhera. On May 23, Justice Bhunu issued a court order declaring the
deployment of defense forces in Buhera for any purpose not in the
constitution as unlawful and ordered them to withdraw. However, reports
of army personnel in the area continued. HRW reported the details of
this case and similar incidents from other areas of the country.
Police repeatedly used cruel, inhuman, or degrading treatment or
punishment against those in custody. For example, on September 17, riot
police detained 10 student leaders from Bindura University after
dispersing a peaceful protest. The students were held for more than 12
hours without food and water and were assaulted in custody. Police told
the students their mission was to ``flush out and deal with little MDC
troublemakers,'' according to HRW.
Police also used excessive force to disperse demonstrators. For
example, on January 23, police fired tear gas into a crowd of several
hundred MDC supporters as they attempted to leave a Harare court
hearing where a magistrate ruled to allow a scheduled MDC rally to
proceed, despite a government ban on the rally that had been imposed
days earlier. Explaining her decision, the magistrate asked MDC
marchers to ``withdraw peacefully and in a nonriotous manner, and
proceed to the Glamis Stadium.'' However, before the MDC supporters
could leave, heavily armed riot police used batons and tear gas to
break up the crowd, resulting in numerous injuries.
On January 25, police beat and arrested 25 members of the NGO
Restoration of Human Rights in Zimbabwe (ROHR) as they marched in
protest of repressive legislation and police harassment. After police
dispersed the march, and while protesters were leaving the scene, more
than a dozen additional police arrived and arrested four more members
of ROHR. Riot police then went to ROHR's office, where they forcibly
took those present outside and beat them with batons before taking them
to the police station. The ROHR members paid fines for ``disorderly
conduct or conduct likely to cause a breach of the peace.''
Government supporters, including youth militia and war veterans
trained by ZANU-PF, were also deployed to harass and intimidate members
of the opposition, labor, student movement, and civic groups, as well
as journalists considered critical of the Government. For example, on
May 4, Zimbabwe Election Support Network (ZESN) observers in Mount
Darwin East were attacked by suspected ZANU-PF supporters for allegedly
facilitating an MDC victory in the March harmonized election. The
attacks involved harassment, assault of the observers and their
relatives, vandalizing and setting fire to observers' homes, and
looting of their property, including blankets and food reserves. At
least seven observers and two of their relatives sustained serious
injuries in the attacks and were hospitalized.
No action was taken in the other 2006 or 2007 cases of abuse.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life-threatening. The Government's 42 prisons were designed
for a maximum of 17,000 prisoners. In May the Ministry of Justice,
Legal, and Parliamentary Affairs reported that the country's prisons
held between 22,000-24,000 prisoners; however, a local NGO reported
that they actually held approximately 35,000 inmates. Prison guards
beat and abused prisoners. Poor sanitary conditions and overcrowding
persisted, which aggravated outbreaks of cholera, diarrhea, measles,
tuberculosis, and HIV/AIDS-related illnesses. Human rights activists
familiar with prison conditions reported constant shortages of food,
water, electricity, clothing, and soap. According to the 2006
Solidarity Peace Trust and Institute for Justice and Reconciliation
report Policing the State, ``political arrestees are routinely and
deliberately overcrowded, with 30 or more people being kept at times in
cells intended for six,'' and those ``who have been severely beaten by
the police and have fractures and other injuries, are routinely denied
any access to health care or medication for varying periods of time.''
In June then-Deputy Attorney General Johannes Tomana acknowledged
overcrowding and stated, ``jail is not nice. It is not meant to be
nice.'' Tomana was appointed Attorney General in December.
Food shortages were increasingly serious in most prisons. Some
prisoners reported receiving only one small meal a day. According to
the Zimbabwe Association for Crime Prevention and Rehabilitation of the
Offender, an average of two prisoners died in custody each day. In
December the media reported that in some prisons, guards stole food
from prisoners.
In May 2007 the UN Office for the Coordination of Humanitarian
Affairs reported that a delegation of parliamentarians had visited
prisons in 2006 and found that unsanitary conditions, including a lack
of running water, had made diarrhea and skin diseases endemic. A
medical orderly employed by the health department stated that more than
100 inmates had died of pellagra at Harare Central and Chikurubi
Maximum Security prisons since the beginning of the year. He noted that
in Chikurubi Maximum Security prison as many as 10 deaths were recorded
in one day.
Most prison deaths were attributed to harsh conditions, hunger, and
HIV/AIDS. In 2006 a local NGO estimated that 52 percent of prisoners
were HIV-positive. In 2006 Zimbabwe Prisons Service Commissioner
General Paradzai Zimondi described the mortality rate in prisons as a
``cause for concern.'' In November the local press reported that some
prisoners with hunger-related health conditions were released from
prisons.
Juveniles were not held separately from adults. The Prison
Fellowship of Zimbabwe, a local Christian organization working with
former inmates, estimated in 2006 that more than 200 children were
living in the prison system with their detained mothers. A two-year-old
child who was abducted with his mother from Zvimba South on October 31,
and appeared in police custody on December 22, remained in prison with
his mother at year's end. Due to overcrowding in police stations and
remand prisons, pretrial detainees were often held in prisons with
convicted prisoners until their bail hearings.
The law provides that international human rights monitors have the
right to visit prisons, but government procedures and requirements made
it very difficult to do so. The Government granted local NGOs access on
a number of occasions during the year.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, some laws effectively
weakened this prohibition, and security forces repeatedly arbitrarily
arrested and detained persons.
Role of the Police and Security Apparatus.--The Zimbabwe Republic
Police (ZRP) is responsible for maintaining law and order. Although the
ZRP officially is under the authority of the Ministry of Home Affairs,
in practice the president's office, through the JOC, controlled some
roles and missions. The Zimbabwe National Army and Air Force, under the
Defense Ministry, were responsible for external security; however,
there were cases in which the Government called upon them for domestic
operations. The Central Intelligence Organization (CIO), under the
Ministry of State for National Security, is responsible for internal
and external security.
Security forces were widely used to carry out government-sponsored
politically motivated violence. Police routinely and violently
disrupted public gatherings and demonstrations, and tortured opposition
and civil society activists in police custody.
It was difficult for rank-and-file police to remain impartial due
to continued politicization of the force's upper echelons. For example,
in the pre-election period, police officers were reportedly forced to
attend ZANU-PF rallies during work hours. In addition, the November HRW
report, Our Hands Are Tied: Erosion of the Rule of Law in Zimbabwe,
described occasions when police officers were told that they were not
to investigate or arrest ZANU-PF supporters who might have been
implicated in political violence.
In the March 29 election, police and military ballot results cast
in secret indicated overwhelming support for the MDC. However, there
were widespread reports that police were forced to vote under their
superiors' supervision in the June 27 run-off election, which ZANU-PF
won overwhelmingly. In mid-March the press quoted the commander of the
Zimbabwean Army, General Constantine Chiwenga as saying that ``the army
will not support or salute sell-outs and agents of the West before,
during, and after the presidential elections.'' There were reports that
untrained or unqualified personnel were hired into the police solely
because of their support for ZANU-PF.
There were reports that police and army personnel suspected of
being sympathetic to the political opposition were demoted or fired.
Several policemen told HRW that officers were told to support ZANU-PF
or resign, and that promotion in the police was contingent on support
for ZANU-PF. In September policeman Masimba Dinyero was sent to the
barracks for three weeks after he allegedly criticized Mugabe for
continuing to cling to power while police officers starved.
Police were poorly trained and equipped, underpaid, and corrupt.
Severely depleted human and material resources, especially fuel,
further reduced police effectiveness during the year. Corruption
continued to increase in part due to low salaries and a worsening
economy.
Security forces were rarely held accountable for abuses. Frequent
allegations of excessive force and torture were often dismissed by
senior government officials who claimed that the actions were necessary
to maintain public order. In March 2007, after security forces
violently prevented a public gathering, Mugabe was widely quoted as
saying that ``the police have a right to bash'' protesters who resist
them.
Mechanisms to investigate security force abuses remained weak.
Court orders compelling investigations into allegations of abuse were
routinely ignored by authorities. Government efforts to reform security
forces were minimal, and training was rarely provided.
Police seldom responded during incidents of vigilante violence.
Arrest and Detention.--Arrests require court-issued warrants, and
the law requires that police inform an arrested person of the charges
before taking the individual into custody; however, these rights were
not respected in practice. Although the law requires a preliminary
hearing before a magistrate within 48 hours of an arrest (or 96 hours
over a weekend), authorities routinely disregarded the law if a person
did not have legal representation. Police typically made arrests which
may have been politically motivated on Friday, which permitted legal
detention until Monday. There were numerous reports of security forces
arbitrarily arresting opposition and civil society activists,
interrogating and beating them for information about their
organizations' activities, and then releasing them the next day without
charge.
Although the Criminal Procedures and Evidence Act substantially
reduces the power of magistrates to grant bail without the consent of
the attorney general or his agents, a circular issued by the attorney
general giving a general authority to grant bail lessened the negative
effect of the law in practice. High Court judges at times granted bail
independently. The act allows police to hold persons suspected of
committing economic crimes for up to four weeks without bail.
On June 9, Deputy Attorney General Johannes Tomana announced the
attorney general's office would ``deny bail to all suspects arrested on
charges of either committing or inciting political violence.'' The
following day, Justice Minister Patrick Chinamasa proposed amnesty for
some convicts ``in order to create space for those convicted of
political violence.'' Zimbabwe Lawyers for Human Rights (ZLHR)
condemned the move, saying that to ``deny bail as a matter of policy in
cases of political violence is clearly unconstitutional.'' In some
cases, those arrested and denied bail were kept in remand prisons for
weeks or months, resulting in their inability to vote in the June 27
run-off. In other cases, police continued to hold persons in jail even
after a judge had granted bail or dropped the charges.
Authorities often did not allow detainees prompt or regular access
to their lawyers and often informed lawyers who attempted to visit
their clients that detainees were ``not available,'' especially in
cases involving opposition members and civil society activists. In
several cases police claimed not to know where they were holding a
detained individual, which delayed a hearing on bail release. Family
members sometimes were denied access unless accompanied by an attorney.
Detainees were often held incommunicado. Family members and attorneys
often could not verify that a person had been arrested until the
individual appeared in court.
For example, on April 4, Zimbabwe Electoral Commission (ZEC)
officer Dorcas Mpofu was arrested and detained by police in Mberengwa.
ZLHR deployed a lawyer to assist her, but police denied the lawyer
access. The ZEC officer was then charged with criminal abuse of her
duty as a public officer. Police made her sign a statement without her
lawyer present, and then released her. Subsequently, police took her
back into custody and advised her lawyer to make an application for
bail on April 8. The ZLHR lawyer attended court and was again denied
access to the client; the case was pending at year's end.
There were reports that victims or witnesses of crimes were
detained or charged with the crime after reporting it to police. For
example, in January three MDC activists were assaulted by ZANU-PF
youths, who accused the activists of spying on them while walking near
a ZANU-PF rally in Harare. When the MDC activists reported the incident
to police, they were detained for a week.
On June 18, MDC Minister of Parliament-elect (MP) Abednico Bhebhe
and Senator-elect Robert Makhula were arrested at the police station in
Nyaki where they were attempting to intercede on behalf of a
constituent who had been arrested the day before. When lawyers for the
three arrived, police denied them access to the arrestees. On June 20,
the lawyers obtained a court order directing police to bring the three
to court within 24 hours, but police refused to comply and threatened
the lawyers with arrest. The arrestees were brought to court on July 1
and released. The magistrate refused to place them on remand for trial,
effectively removing the case from the court's list of pending cases,
citing gross abuse and wanton disregard for the law by the police.
The Government increasingly used arbitrary arrest and detention as
a tool of intimidation and harassment, especially against opposition
members and supporters, civil society activists, student activists, and
journalists. The Zimbabwe Human Rights NGO Forum reported more than 800
confirmed cases of unlawful arrest and detention during the year.
According to the 2006 Solidarity Peace Trust and Institute for Justice
and Reconciliation report Policing the State, an evaluation of 1,981
politically-motivated arrests from 2000 to 2005 showed that 1,721 cases
resulted in no trial, 256 cases came to trial but resulted in no
conviction, and only four cases resulted in a conviction. This trend
continued during the year.
On April 25, police raided the MDC's headquarters, Harvest House,
in downtown Harare. The MDC estimated that 250 armed police arrested
approximately 300 persons who had fled election-related violence and
sought refuge at the office building. Police raided the office again on
June 23, and took approximately 30 elderly, ill, or injured persons
into custody. When MDC MP Evelyn Masaiti attempted to visit the
detainees in jail, police detained her as well. Authorities later moved
an estimated 30 persons to a facility in Ruwa, outside Harare. When
lawyers attempted to visit the detainees, police denied access, stating
that they had not been arrested. Over subsequent weeks, the detained
persons were slowly allowed to leave and were assisted returning to
their homes.
Police and other security officials detained MDC President Morgan
Tsvangirai without charge several times during the year. On January 23,
police executed a predawn raid on Tsvangirai's home and took him into
custody for several hours just before he was expected to lead an MDC
march and rally. On June 4, police stopped Tsvangirai and other MDC
officials at a roadblock near Bulawayo as they traveled between
political rallies. He and several other party officials were taken to a
police station and questioned. Police detained Tsvangirai for several
hours again on June 7.
MP for Buhera West and prominent attorney Eric Matinenga was
arrested on two occasions and spent a total of 23 days in police
custody. On May 31, Matinenga was arrested in his constituency when he
visited MDC activists detained for inciting public violence. He was
held for four days until a magistrate dismissed the case for lack of
evidence. Buhera police rearrested Matinenga on June 7, and once again
charged him with inciting public violence. On June 8, the High Court
ordered the Government to produce Matinenga in court and release him
unless it could demonstrate why he should continue to be detained.
However, magistrates in the area refused to hear the highly politicized
case. On June 14, Chief Magistrate Mandeya travelled from Harare to
hear the case and charged Matinenga for the same offenses dismissed by
the previous magistrate on June 4, and in spite of the High Court order
for his release on June 8. Matinenga was released on bail on June 26;
the case was pending at year's end.
On May 28, police arrested 14 members of the NGO Women of Zimbabwe
Arise (WOZA) in downtown Harare as they led a march to protest
election-related violence. Police assaulted three of the 14 during
their arrest. All 14 faced charges of breaching the peace, and WOZA
leader Jenni Williams faced further charges of ``causing disaffection
among the police'' and ``publishing or communicating false statements
prejudicial to the State.'' While 12 of the members were granted bail a
few days later, Williams and fellow WOZA leader Magodonga Mahlangu were
denied bail after the Government claimed they would organize violence
before the June 27 run-off. Williams and Mahlangu were held for 37 days
before a magistrate finally granted bail on July 3. In a hearing on
August 28, the magistrate and the Government set October 15 as the
trial date. On October 15, the Government was unprepared to try the
case, and the magistrate removed it from remand, essentially removing
it from the list of cases awaiting trial.
On October 16, WOZA led a protest march of approximately 200
persons in Bulawayo to call on the Government to declare a state of
emergency and allow emergency food aid. As the protesters sat outside
the Government office and waited for a group of elderly women to
deliver a petition, riot police dispersed the protestors and broke one
woman's finger. Williams and Mahlangu were arrested. On October 17,
they were charged with disturbing the peace. Before a court hearing
that day, the Government prosecutor told the defense lawyer that they
would not oppose bail and agreed to the amount and conditions. On
entering the court room, a new prosecutor appeared and argued,
referring to the May 28 arrest, that the two should be denied bail
because there was still an outstanding case pending. However, the
defense argued that since the group's case had been removed from remand
in the Magistrate's Court on October 15, the matter was no longer
pending. The magistrate allowed the Government time to verify this and
ordered Williams and Mahlangu to remain in custody until October 21. On
October 22, AI described the women as ``prisoners of conscience'' and
condemned their arrest as part of a government clampdown on human
rights defenders. On October 27, after additional delays by the court,
the magistrate denied the two women bail. On November 5, a High Court
judge granted the women bail, stating that the magistrate did not have
sufficient reason to deny them bail. On November 6, Williams and
Mahlangu were released and reported experiencing harrowing conditions
in prison, including food shortages. On December 2, the two were due to
face trial for charges of disturbing the peace and separate charges of
disturbing the peace in connection with 2004 arrests that were never
brought to trial. However, none of the state witnesses for the 2008
case and only one state witness for the 2004 case appeared in court.
The magistrate postponed the trial and the case was pending at year's
end.
On June 12, MDC Secretary General and MP for Harare East Tendai
Biti was arrested and charged with four counts: treason, publishing a
document prejudicial to the state, causing disaffection within the
police force, and insulting the president. The charges all stemmed from
a document he allegedly authored on March 25 that purported to detail
plans for an MDC government. The Government claimed the document
sparked postelection violence. In court hearings on June 18 and 19,
Biti's lawyers laid out several complaints against the Government
concerning the manner of his arrest and treatment in jail, including
that: he was not told the charges against him; upon his detention, he
was interrogated without rest for 19 hours; he was not given food,
water, or access to legal counsel for the first 48 hours of detention;
he was detained in inhuman circumstances in a police station previously
declared unfit for human habitation by the Supreme Court; and police
searched his computer without a warrant and never notified his lawyers
of his court date. After the court hearing, Biti was transferred to a
different jail where police held him until he was granted bail on June
26. On November 18, a court dropped charges of insulting the president
and causing disaffection to the armed forces. Biti continued to face
charges of treason and making statements likely to cause public
disorder. The case was pending at year's end.
There were no developments in the arrest cases reported in 2007 and
2006.
Prolonged pretrial detention remained a problem, and some detainees
were incarcerated for several years before trial or sentencing because
of a critical shortage of magistrates and court interpreters, poor
bureaucratic procedures, and for political reasons. During the year
some detainees in Harare Remand Prison went months without attending
court for bail hearings because Zimbabwe Prison Services lacked fuel to
provide transport. Others who had bail set but could not afford to pay
were left to languish in detention. According to lawyers, the country's
prisons were on record for having held pretrial detainees without
charge for as long as nine years. In 2007 SW Radio Africa, an
independent broadcaster, reported a backlog of 350,000 cases in the
judicial system.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the judiciary was under intense
pressure to conform to government policies, and the Government
repeatedly refused to abide by judicial decisions. The Government
routinely delayed payment of court costs or judgments awarded against
it in civil cases.
The law provides for a unitary court system consisting of headmen's
courts, chiefs' courts, magistrates' courts, the High Court, and the
Supreme Court. Victim-friendly courts, which had jurisdiction over
children and victims of sexual abuse, had specially trained magistrates
and prosecutors and equipment that allow victims to testify without
being seen. Civil and customary law cases may be heard at all levels of
the judiciary, including the Supreme Court.
Military courts deal with courts martial and disciplinary
proceedings only for military personnel. Police courts, which can
sentence a police officer to confinement in a camp or demotion, handle
disciplinary and misconduct cases. Defendants in these courts have the
right to appeal to the Supreme Court.
Judges are appointed to serve until the age of 65 and may extend
their terms until the age of 70 if they remain in good physical and
mental health. The constitution provides that they may be removed from
the bench only for gross misconduct and that they cannot be discharged
or transferred for political reasons. In November HRW reported on
several methods the Government used to undermine the independence of
the judiciary, including giving farms and homes to judges. On August 1,
the Government newspaper The Herald reported that the Reserve Bank had
given judges luxury cars, plasma televisions, and electricity
generators.
Magistrates, who are part of the civil service rather than the
judiciary, heard the vast majority of cases. Legal experts said that
defendants in politically sensitive cases were more likely to receive a
fair hearing in magistrates' lower courts than in higher courts, where
justices were more likely to make political decisions. According to a
November HRW report, most junior magistrates and magistrates in rural
areas did not benefit from government patronage. Instead, government
sympathizers relied on threats and intimidation to force magistrates,
particularly rural magistrates, to rule in the Government's favor. Some
urban-based junior magistrates had demonstrated a greater degree of
independence and granted MDC and civil society activists bail, against
the Government's wishes. Other judicial officers such as prosecutors
and private attorneys also faced political pressure, including
harassment and intimidation. For example, in May the resident
magistrate in Gutu, Musaiona Shortgame, fled the country temporarily
after his car was torched on April 21 by ZANU-PF party youths who
accused him of passing inappropriate sentences against their members.
He also received death threats.
On June 23, youths in ZANU-PF T-shirts beat up senior magistrate
Felix Mawadze in Bindura. His alleged crime was that he granted bail to
MDC supporters who were charged with politically motivated violence.
The youths tried to force him into a car, but he escaped to the nearby
courthouse. Although police reports were filed, no arrests were made.
On July 1, ZANU-PF members kidnapped Harare attorney Stewart
Nyamushaya as he attempted to serve them with eviction orders. The
tenants took Nyamushaya to the party's provincial offices where he was
assaulted; he suffered a fractured rib, and swollen buttocks and feet.
Three cabinet ministers intervened in the case and directed the city of
Harare to halt the eviction and provide the tenants time to ``identify
suitable unutilized buildings and open land where they can be
relocated.''
Trial Procedures.--The constitution provides for the right to a
fair trial; however, this right frequently was compromised in practice
due to political pressures. Defendants enjoy a presumption of innocence
under the law; however, this was not always preserved in practice.
Trials were held by judges without juries and were open to the public,
except in certain security cases. Every defendant has the right to a
lawyer of his or her choosing, but a local attorney reported that most
defendants in magistrates' courts did not have legal representation. In
criminal cases an indigent defendant may apply to have the Government
provide an attorney, but this was rarely granted except in capital
cases, where the Government provided an attorney for all defendants
unable to afford one. Litigants in civil cases may request free legal
assistance from the Legal Resources Foundation or ZLHR.
Attorneys sometimes were denied access to their clients, especially
in cases involving opposition members or civil society activists.
Defendants have the right to present witnesses and the right to
question witnesses against them; however, these rights were not always
observed in practice. While defendants and their attorneys sometimes
had access to government-held evidence relevant to their cases, this
was often not allowed in politically sensitive cases. The right to
appeal exists in all cases, and is automatic in cases in which the
death penalty is imposed.
Political Prisoners and Detainees.--There were hundreds of reports
of political detainees throughout the year, including opposition
officials, their supporters, NGO workers, and civil society activists.
Many were held for one or two days and released, others were held for
weeks or months. During the year police severely beat and tortured
numerous opposition, civil society, and student leaders while in
detention.
At year's end there were at least 18 political prisoners in police
custody. All were abducted between October 31 and mid-December and were
brought to jails in Harare on December 22 and 23 by the state security
agents who abducted them. According to affidavits and testimony from
victims, witnesses, and their families, they were abducted and later
jailed because of their affiliations with the MDC or membership in a
civil society organization. At least nine claimed they were tortured
after their abduction. Despite court orders calling on the state to
investigate the abductions and torture claims and to release the group,
police refused to take action. At year's end an additional 14 persons
abducted in the same manner remained unaccounted for, although civil
society organizations believed they were also in state custody.
Civil Judicial Procedures and Remedies.--There was an independent
and impartial judiciary in civil matters; however, in practice the
judiciary showed indications of being politically influenced or
intimidated in cases involving high-ranking government officials,
politically connected persons, or violations of human rights. There
were systematic problems enforcing domestic court orders, as resources
for the judiciary and police were severely strained.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, but
the Government did not respect these provisions in practice. Security
forces searched homes and offices without warrants; the Government
pressured local chiefs and ruling party loyalists to monitor and report
on suspected opposition supporters; and the Government forcibly
displaced persons from their homes. The Government coerced ruling party
supporters and punished opposition supporters by manipulating the
distribution of food aid, agricultural inputs, and access to other
government assistance programs.
In 2007 the president signed into law the Interception of
Communications Act (ICA) to provide for the interception and monitoring
of any communication (including telephone, postal mail, e-mail, and
Internet traffic) in the course of transmission through a
telecommunication, postal, or other related system in the country.
Civil liberties advocates criticized the ICA as repressive legislation
that allows the Government to stifle freedom of speech and to target
opposition and civil society activists.
During the year the Chief Executive Officer (CEO) of the state-run
Zimpapers secretly monitored subordinates' private e-mails for
political content.
During the election period, police routinely violated citizens'
privacy when they forced travelers stopped at roadblocks to relinquish
their cell phones so that the phones could be searched for political
messages.
In 2005 the Government embarked on Operation Murambatsvina (loosely
translated from Shona as ``Restore Order'' or ``Get Rid of the Filt.'')
without prior notice, during which more than 700,000 persons lost their
homes, their means of livelihood, or both through a program of forced
evictions. The Government's stated reason for the operation was to curb
illegal economic activities and crime in slums and illegal settlements
in several cities and towns, but it made no provision for the victims
of its policy. Those who returned to rural areas often faced
unemployment, food shortages, and other economic and social stresses.
According to the AI report Zimbabwe: Between a Rock and a Hard Place-
Women Human Rights Defenders at Risk, the operation resulted in the
destruction of more than 32,500 small and microbusinesses across the
country and created a loss of livelihood for more than 97,550 persons,
most of whom were women. An estimated 300,000 children lost access to
education as a result of displacement. The operation disrupted access
to medical care, particularly for HIV/AIDS patients. The Government
reportedly prevented or interfered with UN and other humanitarian
organizations' efforts to provide shelter and food assistance. The
Government's actions were widely condemned by local civil society
organizations and the international community.
In 2005 the Government announced a new operation, Garikai (Shona
for ``live wel.''), supposedly to provide housing plots for new homes
and to set up new vending sites for those who lost homes or businesses;
the program proceeded slowly.
According to local human rights and humanitarian NGOs, sporadic
evictions continued during the year, especially of tenants and informal
vendors suspected of supporting the opposition. According to a 2007
Shadow Report to the African Union's African Commission for Human and
Peoples' Rights (ACHPR) compiled by five independent human rights
organizations, including AI and HRW, two years after Operation
Murambatsvina, ``many victims remain homeless or living in makeshift
accommodation.'' The Government completed rebuilding only ``3,325
structures after destroying more than 92,000 dwellings,'' approximately
20 percent of which were ``allocated to police, soldiers and civil
servants and the remainder were given mostly to people who were not
affected by the mass evictions.'' The 2008 HRW report Neighbors in
Need: Zimbabweans Seeking Refuge in South Africa, detailed the
struggles of the estimated 1.5 million Zimbabweans living illegally in
South Africa. The report noted that a significant, but unknown, portion
of these were affected by Operation Murambatsvina.
No action was taken against security forces involved in 2007 forced
evictions.
Constitutional Amendment 17, enacted in 2005, transferred title of
all land previously acquired for resettlement purposes to the state,
prohibited court challenges to the acquisitions, and allowed the
Government to acquire any agricultural land for any purpose simply by
publishing a notice of acquisition. In 2006 the Gazetted Land
(Consequential Provisions) Act passed into law, requiring all farmers
whose land was compulsorily acquired by the Government and who were not
in possession of an official offer letter, permit, or lease, to cease
to occupy, hold, or use that land within 45 days and to vacate their
homes within 90 days. Only a small number of farmers received an offer
letter or lease. Failure to comply is a criminal offense punishable by
a fine and a maximum prison sentence of up to two years.
Disruptions at farms and seizures of property increased and were
sometimes violent. Under a government moratorium introduced in January
2007, farmers were given temporary extensions to continue growing crops
and to allow for a gradual ``wind down'' of operations, including
harvesting and selling crops. The Government in almost all cases took
no action to define the period of extension.
In June 2007 Didymus Mutasa, minister for lands, land reform, and
resettlement, announced that the Government was going to take action to
seize the remaining white-owned farms for resettlement. Following the
passage of Amendment 17 and the Gazetted Land (Consequential
Provisions) Act, there were renewed and intensified efforts to evict
many of the approximately 400 remaining farmers of the original 4,500
farmers of large-scale farms in operation when land seizures began in
2000. The announcement was followed by a sharp increase in reported
cases where farms had been invaded, eviction notices served, arrests
made, or farms visited in anticipation of future action during the last
six months of the year. In July 2007 many of the remaining white
farmers received eviction notices informing them to vacate their
properties, most by September 2007. In October 2007 at least 15 farmers
were summoned to court on charges of illegally occupying their farms
past the eviction deadline. Several farmers appealed to the Supreme
Court to declare the eviction notices unconstitutional.
In December 2007 the Southern African Development Community (SADC)
Tribunal in Namibia, in its first decision since its establishment in
2000, ruled in favor of Michael Campbell, who was contesting the
compulsory government acquisition of his farm. The tribunal was set up
to ensure that SADC member states, including Zimbabwe, adhere to the
SADC treaty and protocols, protect the rights of citizens, and ensure
the rule of law. According to the protocol establishing the tribunal, a
person can bring a case after exhausting all available remedies or when
unable to proceed under domestic jurisdiction. Campbell brought the
case to the tribunal after the Supreme Court in Zimbabwe failed to
issue a judgment on the case. The tribunal issued an interim protective
order, which prohibited the Government from evicting or allowing the
eviction of or interference with the farm, its owners, employees, or
property pending a decision by the tribunal on the issue of the
legality of the contested expropriation; government representatives
told the three-member tribunal it would abide by the decision.
However, on January 22, the Supreme Court issued a judgment
dismissing the Campbell case. Soon after the ruling, Minister Mutasa
declared that the country would only be bound by its laws and decisions
of its superior courts.
In April the SADC tribunal ruled that more than 70 white farmers
who had been evicted from their land could remain on their property
pending a hearing on their joint application on May 28; their cases
effectively joined the Campbell case that was still pending before the
tribunal. On June 29, a group of 20 war veterans abducted and assaulted
Michael Campbell and members of his family; they were hospitalized for
their injuries. The perpetrators also looted the Campbell home and
stole their car. On July 18, the tribunal reaffirmed the injunction,
condemning the Government's recent land seizures, and turning the issue
over to the SADC summit for further action. However, the Government
asserted that it would move forward with prosecutions of the farmers
who remained on the land, effectively dismissing the tribunal's
authority.
On November 28, the SADC tribunal ruled in favor of the 79 farmers
in the Campbell case, finding that by barring titleholders from being
heard in Zimbabwe's courts, the Government violated its undertaking to
SADC to uphold the rule of law; the farmers were discriminated against
on the basis of race; and the Government should compensate three
dispossessed landowners by June 30, 2009. Although the tribunal ordered
Zimbabwe not to interfere with any applicant still on his or her land
or in possession of it when applying for relief, in December the
Government continued prosecutions of farmers for remaining on state-
confiscated farms.
No action was taken against security officials involved in numerous
2007 and 2006 cases of land invasions, seizures of property, and
attacks on farm owners and workers.
No action was taken, nor was any anticipated, in the numerous other
reported 2007 and 2006 cases of arbitrary interference with citizens'
homes.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, but legislation limits these
freedoms in the ``interest of defense, public safety, public order,
state economic interests, public morality, and public health.'' The
Government restricted these rights in practice. Journalists and
publishers practiced self-censorship.
The Government continued to restrict freedom of speech,
particularly by those making or publicizing comments critical of
President Mugabe. Passage of the 2007 ICA increased the Government's
ability to monitor speech and to punish those who criticized the
Government.
Under authority of the Official Secrets Act, Public Order, and
Security Act (POSA), or the Criminal Law Act, the Government arrested
individuals for criticizing President Mugabe in public.
There were credible reports that CIO agents and informers routinely
monitored political and other meetings. Persons deemed critical of the
Government were frequently targeted for harassment, abduction, and
torture.
On March 20, ZANU-PF youth conducted a citizen's arrest on 16-year-
old girl Simanzeni Ngwabi after she allegedly made disparaging comments
about Mugabe to other ZANU-PF youths who were putting up campaign
posters in Bulawayo. Police detained Ngwabi for five days; she was
charged with insulting the president and the case was pending at year's
end.
On May 7, police arrested media and human rights lawyer Harrison
Nkomo on charges that he insulted the president on May 2 while
appearing in the High Court on behalf of freelance journalist Frank
Chikowore. Nkomo was released on May 9; the case was pending at year's
end.
On June 27, police arrested Lincoln Bongani Mathe, a student at
Bulawayo Polytechnic College, after he wrote ``Mugabe, he is evil'' on
his run-off ballot instead of voting for the candidate of his choice.
Mathe was charged with violating the Electoral Act and insulting the
president. He was released on bail on July 15, and the case was pending
at year's end.
The Government continued to restrict freedom of the press. The
Ministry for Information and Publicity controlled the state-run media,
including the two remaining daily newspapers, the Chronicle and the
Herald. The news coverage in these newspapers and in the state-
controlled media as a whole generally portrayed the activities of
government officials positively, portrayed opposition parties and other
antigovernment groups negatively, and downplayed events or information
that reflected adversely on the Government. High-ranking government
officials, including President Mugabe, used the state-controlled media
to threaten violence against suspected critics of the Government.
There were two main independent domestic weekly newspapers, the
Zimbabwe Independent and the Standard, and a semi-independent weekly
paper, the Financial Gazette, all three of which continued to operate
despite threats and pressure from the Government. Another independent
weekly paper, The Zimbabwean, was published in South Africa for the
Zimbabwe market. The independent newspapers continued to criticize the
Government and ruling party; however, they also continued to exercise
some self-censorship due to government intimidation and the continuing
prospect of prosecution under criminal libel and security laws.
On May 24, armed individuals bombed a truck belonging to The
Zimbabwean newspaper that was carrying 60,000 copies of the paper.
Government and ZANU-PF party officials had displayed open hostility
towards the newspaper, labeling it part of what they call the ``regime
change'' agenda. No one was charged in the attack.
Radio remained the principal medium of public communication,
particularly for the rural majority. The Government controlled all
domestic radio broadcasting stations through the state-owned Zimbabwe
Broadcasting Holdings, supervised by the Ministry for Information and
Publicity.
The popularity of independent short-wave and medium-wave radio
broadcasts to the country continued to grow, despite government jamming
of news broadcasts by radio stations based in other countries,
including Voice of America and SW Radio Africa.
The Government controlled the only domestically based television
broadcasting station, the Zimbabwean Broadcasting Corporation (ZBC).
The NGO Media Monitoring Project of Zimbabwe analyzed the distribution
of air time on ZBC before the elections. It found that between March 1
and March 28, ZBC devoted more than 90 percent of its news bulletins to
positive coverage of ZANU-PF. For the March and June elections, ZBC
provided over 200 hours of ZANU-PF coverage, and just over 16 of the
MDC. Most of the MDC coverage was negative.
International satellite television broadcasts were available freely
through private firms, but were not available to most citizens due to
their expense and the requirement for payment in foreign currency.
Senior government officials repeatedly criticized both local and
foreign independent media for what they deemed biased reporting meant
to discredit the Mugabe regime and to misrepresent the country's
political and economic conditions. Government used accreditation laws
to prevent most major international media outlets and some local
journalists from covering the country's combined presidential,
parliamentary, and local government elections. The South Africa
National Editor's Forum noted that only a handful of foreign
correspondents were accredited to cover the elections. Five days before
the March elections, government press secretary George Charamba told
the pro-government weekly The Sunday Mail that the Government was
examining 300 accreditation requests from foreign journalists to cover
the elections. Charamba said many were blocked since ``we are aware of
attempts to turn journalists into observers, or to smuggle in uninvited
observers and security personnel from hostile countries under the guise
of the media.''
According to the Media Institute for Southern Africa, ZEC denied
local freelance journalist Hopewell Chino'ono accreditation despite his
being previously accredited by the Government Media Information
Commission for the duration of the year.
Security forces arbitrarily harassed and arrested local and foreign
journalists who contributed to published stories critical of government
policies or security force operations.
On April 4, Sipho Moses Maseko and Abdulla Ismail Gaibee, two
engineers from Globecast Satellite in South Africa, were re-arrested on
three counts, including practicing journalism without a license, after
their acquittal by a magistrate following previous arrests on March 27.
Police argued that the magistrate's initial acquittal had been
``defective.'' On April 14, the two were acquitted of all charges and
allowed to leave Zimbabwe. Nonetheless, the Government retained their
equipment, including a camera and satellite truck. Lawyers filed an
application with the High Court ordering the police to release the
equipment, but no action had been taken by year's end.
On April 15, police arrested freelance journalist Frank Chikowore
and confiscated his computer, voice recorder, and a camera. Chikowore
appeared in court together with the former secretary general of the
Zimbabwe Union of Journalists (ZUJ), Luke Tamborinyoka, and six others
on charges of public violence. They were granted bail on May 2; there
were no further development's by year's end.
On April 17, individuals wearing army uniforms assaulted and robbed
ZUJ President Matthew Takaona. No further action was taken.
On April 18, journalist and VOA correspondent Stanley Karombo was
assaulted by ZANU-PF supporters during Independence Day celebrations.
After the assault, Karombo was handcuffed by police who searched his
home before taking him to a police station. Karombo was detained for
four days before being released without charge.
On May 8, police arrested Davison Maruziva, editor of The Standard,
for publishing an opinion piece in the weekly's April 20 edition
authored by opposition leader Arthur Mutambara under the headline: ``A
shameful betrayal of national independence.'' In the piece, Mutambara
sharply criticized Mugabe for his handling of the general election. He
also accused the Government of intimidation and questioned its right to
stay in office. Maruziva and Mutambara were charged with publishing or
communicating false statements prejudicial to the state. On May 12,
Maruziva was released on bail. The case was pending before the Supreme
Court at year's end.
There were no developments in the 2007 and 2006 cases of
harassment, abuse, and detention of journalists.
Journalists and publishers continued to practice self-censorship as
a result of government action and threats. There were credible reports
that the permanent secretary minister of information, George Charamba,
routinely reviewed state-owned media news and excised reports on the
activities of groups opposed to or critical of the Government.
On May 14, the Government dismissed Henry Muradzikwa, ZBC's chief
executive, for failing to slant coverage towards ZANU-PF ahead of the
March elections. Sources say ZBC was blamed for carrying MDC political
advertisements. In subsequent days, Muradzikwa's replacement, Happison
Muchechetere, reprogrammed ZBC's schedules to feature programs
glorifying Mugabe's role in the 1970s war of liberation and demonizing
Tsvangirai.
On June 3, ZBC suspended seven senior journalists and news
executives, allegedly as punishment for failing to cover Mugabe's
government favorably. The seven were not given reasons for the
suspensions except that they failed to act in a manner that was in
accordance with their contracts. Following an appeal by five of the
journalists, the court ordered ZBC to reinstate them. However, upon
their return to work, they were served with retrenchment letters,
effectively initiating the process to lay them off. When ZBC stopped
paying their salaries in October, their lawyers brought the matter to
the Labor Court. ZBC then reinstated their salaries and stopped the
retrenchment process, after being informed it was illegal.
The Government continued to use the Access to Information and
Privacy Protection Act (AIPPA) to serve as the primary justification to
control media content and licensing of journalists. The main provisions
of the law give the Government extensive powers to control the media
and suppress free speech by requiring the registration of journalists
and prohibiting the ``abuse of free expression.'' AIPPA was amended in
January, and initially observers believed the amendments would lead to
a more open media environment. However, according to Human Rights
Watch, ``amendments to the AIPPA in the run-up to the 2008 general
elections have not removed the restrictive requirements on reporting.''
On February 7, the Associated Newspapers of Zimbabwe, publishers of
the banned papers The Daily News and The Daily News on Sunday,
submitted a fresh application to the Minister of Communication to
relaunch of their newspapers; the request was pending at year's end.
On April 3, police arrested Johannesburg-based New York Times
correspondent Barry Bearak, a foreigner, and British freelance
journalist Steven Bevan, for practicing journalism without
accreditation in violation of AIPPA. The same day, Canadian Broadcast
Corporation correspondent Adrienne Arsenault was also detained briefly
before being released. Bearak and Bevan were held in prison for 13 days
before being released on April 16 when a magistrate ruled there were no
legal grounds for their arrest.
On May 5, police arrested and detained Zimbabwean national and
Reuters photographer Howard Burditt for three days for using a
satellite phone to send pictures during his coverage of the aftermath
of the elections. On May 28, Burditt pled guilty to charges of
contravening the Broadcasting Services Act (BSA), which prohibits
unauthorized possession, establishment, and operation of signal
transmitting stations. The Post and Telecommunications Regulatory
Authority of Zimbabwe, which licensed Reuters to cover the elections,
specified in the contract that journalists were not to use satellite
phones in their broadcasting. Burditt was sentenced to pay a fine of
Z$20 billion (approximately $30).
The BSA, which parliament's legal committee found to be
unconstitutional but which remains in force, gives the minister of
information final authority to issue and revoke broadcasting licenses.
The act allows for one independent radio broadcaster and one
independent television broadcaster but requires them to broadcast with
a government-controlled signal carrier. In 2007 Obert Muganyura, chief
executive of the Broadcasting Authority of Zimbabwe, the licensing
authority for broadcasters, testified before the parliamentary
Committee on Transport and Communication that the restrictive
provisions of the act do not allow for the entry of new players into
the broadcasting arena. Since its enactment, media and legal rights
groups have criticized the act for limiting free speech.
In February 2006 the Government passed the General Laws Amendment
Act (GLAA), which amended sections of POSA to allow authorities to
monitor and censor ``the publication of false statements that will
engender feelings of hostility towards-or cause hatred, contempt or
ridicule of-the president or acting president.'' The GLAA recommends a
prison term for any journalist who ``insults the president or
communicates falsehoods.''
The criminal code makes it an offense to publish or communicate
false statements prejudicial to the state. Legal experts have
criticized this section saying that it imposes limits on freedom of
expression beyond those permitted by the constitution.
An extremely broad Official Secrets Act makes it a crime to divulge
any information acquired in the course of official duties. In addition,
antidefamation laws criminalize libel of both public and private
persons.
POSA and the criminal code grant the Government a wide range of
legal powers to prosecute persons for political and security crimes
that are not clearly defined. The July 2006 enactment of the amended
criminal code consolidated a variety of criminal offenses, including
crimes against public order, reportedly to amend progressive portions
of POSA. However, the Institute for Justice and Reconciliation and the
Solidarity Peace Trust reported that almost all the offenses in POSA
were transferred to the criminal code, in some cases with drastic
increases in the penalties. For example, making a false statement
prejudicial to the state now carries a maximum prison sentence of 20
years in prison. Failure to give police the requisite advance written
notice of a meeting or demonstration remains an offense under POSA.
In June the Government introduced a 40 percent import tax on all
foreign newspapers after reclassifying them as luxury goods. The tax
forced a number of publications, including the Sunday Times, the Mail
and Guardian, The Zimbabwean, and magazines to reduce the number of
copies imported. For example, The Zimbabwean was forced to pay almost
Z$7 trillion (approximately $20,000) per week in U.S. currency and
subsequently reduced its circulation from 200,000 copies to 60,000; it
also stopped printing a Sunday edition. The World Association of
Newspapers and World Editors Forum formally protested the tax and
called for its repeal.
Internet Freedom.--There were no government restrictions on the
Internet; however, the ICA permits the Government to monitor all
communications in the country, including Internet transmissions.
Internet access was available but due to a lack of infrastructure was
not widely accessed by the public beyond commercial centers.
In September local media reported that Justin Mutasa, CEO of
Zimpapers, the state-run media, had put all of his editors under
surveillance during the year. In an October Zimpapers internal
disciplinary hearing against Bhekinkosi Ncube, editor of the Ndebele-
language newspaper Umthunywa, Mutasa suspended Ncube for insulting the
president in emails. The Zimpapers information manager stated that he
had accessed the editors' private emails using password cracking
software between August 3 and 15. Ncube's lawyers questioned the
legality of the manner in which the evidence was obtained. Ncube's
lawyers argued that the e-mail searches were in violation of the ICA,
as Zimpapers had accessed a private and secure email address without
the owner's consent or a warrant. The disciplinary committee ruled in
Ncube's favor, but Zimpapers' management prevented him from returning
to work. Ncube was subsequently terminated.
Academic Freedom and Cultural Events.--The Government continued to
restrict academic freedom. The president is the chancellor of all five
state-run universities and appoints all vice chancellors. The
Government has oversight of all higher education policy at public
universities. The University of Zimbabwe Amendment Act and the National
Council for Higher Education Act restricted the independence of
universities, subjecting them to government influence and extending the
disciplinary powers of the university authorities over staff and
students. The 2006 Zimbabwe Council of Higher Education Act mandated
the establishment of a nine-member council made up of members of the
higher education community from both public and private institutions.
The council advises the minister of higher education and technology on
matters pertaining to education, including funding for higher education
and accreditation of higher education institutions. The minister,
however, selects and appoints the council members, controls state
universities, and appoints their chancellors and vice chancellors; the
minister also appoints vice chancellors and other senior members of
university administration, the deans of faculty, and most members of
the university council. The appointed deans and heads of departments
require faculty to submit final examinations well in advance of the end
of term and have the right to censure exam content if they feel it is
too controversial or threatens ``sovereignty and national interest.''
During the year some lecturers were asked to revise final exams, and
department chairs rewrote exam questions before they were given to
students.
CIO personnel have assumed faculty and other positions and posed as
students at the University of Zimbabwe and other public universities to
intimidate and gather intelligence on faculty who criticize government
policies and students who protest government actions. CIO officers
regularly attended all lectures where noted MDC activists were
lecturers or students. In response both faculty and students often
practiced self-censorship in the classroom and academic work.
According to the Students Solidarity Trust (SST), a local NGO that
provides assistance to student activists, 188 students were arrested or
detained and 17 students were expelled or suspended for engaging in
student activism during the year.
The public education system failed to provide students with
adequate education during the year. As a result of election-related
violence, including harassment of teachers (many of whom were accused
of being MDC sympathizers), poor wages, and sanitation concerns, most
schools were open irregularly. In October, as the cholera epidemic
escalated, many schools closed because they did not have running water
and functioning toilets. Hyperinflation reduced the buying power of a
teacher's wages to under Z$374 million (approximately $10 per month at
the time), which did not cover even transportation costs. Mounting
economic hardship drove many teachers to leave the country. On October
7, both teachers' unions called for the Government to cancel the school
year because students had not received enough hours of instruction and
were unprepared for annual exams. The primary and secondary level exams
were held at the end of October, but had not been graded by year's end.
Public universities were also forced to close due to a lack of teachers
and sanitation on campuses.
The Zimbabwe Censorship Board continued to ban plays considered
critical of the Government, and police arrested and interrogated actors
and producers during the year.
On June 26, Harare Magistrate Gloria Takundwa fined two artists,
Silvanos Mudzvova and Anthony Tongani, Z$25 billion (approximately
$1.50 at the time) or four days in prison for contravening the
Censorship and Entertainment Control Act. Police arrested the artists
in October 2007 after they ``unlawfully'' performed a satire, ``Final
Push,'' that depicted the country's worsening political and economic
crisis. The Government argued that the two staged the play without
approval from the Censorship Board as required by law.
According to media reports, the Government blocked the opening of
two plays during the year. On April 24, police stopped the staging of
the play ``Sahwira-the Spirit of Friendship.'' Police said that they
were not informed in advance about the staging of the play. Police also
stopped the play ``Crocodile of Zambezi'' in Bulawayo.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
the Government restricted this right in practice. POSA does not require
permits for meetings or processions, but it requires that organizers
notify the police of their intentions to hold a public gathering seven
days in advance. Failure to do so results in criminal prosecution as
well as civil liability. In January POSA was amended as a part of
constitutional Amendment 18 to require police to go to a magistrate's
court and to state in an affidavit why a public gathering should not
take place. Although many groups that conducted meetings did not seek
permits, other groups informed the police of their planned events and
were denied permission, or their requests went unanswered. Police
insisted that their permission was required to hold public gatherings
and sometimes approved requests; however, they disrupted many events
whether or not they were notified.
In March 2007 the ACHPR's special rapporteur on human rights
defenders in Africa, Reine Alapini-Gansou, expressed concern that
police might be using POSA ``to arrest and persecute human rights
defenders'' to prevent them from carrying out ``their legitimate
activities in defense of human rights.'' Police personnel attended many
political meetings without invitation, ostensibly to protect attendees
from potential violence by unruly persons. The CIO also routinely sent
personnel undercover to monitor meetings perceived to be potentially
antigovernment.
During the election period, citing POSA, police routinely denied
MDC candidates permission to hold political rallies. On February 1,
police denied permission for two MDC marches in Mutare and Rusape. The
magistrate in Mutare ruled that the protestors could not march into the
city center but could hold a rally outside town.
On April 11, during the delay in announcing winners of the March 29
elections, Assistant Police Commissioner Faustin Masango announced that
``no political party will be allowed to hold a rally during this period
until after the announcement of the outstanding results.'' He told
journalists that police had denied MDC clearance to hold a rally that
day because ``the current period is still very sensitive.'' Politicians
and analysts said the ban was illegal and in contravention of POSA,
which states that bans could only be imposed at the district, not
national, level.
Security forces committed arbitrary or unlawful killings while
disrupting nonviolent demonstrations. Police erected roadblocks in
urban and rural areas to prevent public gatherings, repeatedly used
excessive force in dispersing demonstrations by the opposition and
civil society, and arrested numerous demonstrators during the year.
On March 8, WOZA and MOZA held a march in Bulawayo to commemorate
International Women's Day. After marching a few blocks, riot police
chased the demonstrators and beat them with batons. One woman was
reportedly thrown against a metal pole and one man was trampled on by a
police officer. While police beat one woman, WOZA leaders Jenni
Williams and Magodonga Mahlangu intervened. Police arrested all three
and took them to the police station; they were later released without
charge. WOZA reported that over 50 persons needed medical attention.
On October 27, in Harare, police used excessive force to disperse a
group of 100 women, all members of prominent civil society
organizations, who had gathered to present a petition to a meeting of
the SADC Troika to encourage them to finish the power-sharing
negotiations. When the women attempted to enter the hotel where the
talks were taking place, they were denied access by police. The women
retreated to a nearby field where they prayed for peace while waiting
for the rest of the petitioners to arrive; some 800 women from at least
12 organizations were expected. Police then used tear gas against the
women and beat them with batons; at least 42 were arrested and
approximately 20 others sought medical attention for their injuries.
Some of the women were released after paying an admission of guilt
fine; others were released without charge.
On November 18, approximately 300 health workers protested outside
the main public hospital in Harare, Parirenyatwa. The workers held a
second protest on December 3, attended by an estimated 100 doctors and
nurses outside the Ministry of Health. In both instances, the medical
professionals called for improved wages and working conditions
including equipment, medication, water, and electricity in public
hospitals. The protests came as a cholera epidemic was accelerating and
workers worried about their own safety and the ability of deteriorated
health facilities to handle the influx of patients. While police
initially allowed the protests, they ultimately disrupted both
demonstrations by chasing and beating health workers with batons. By
year's end the escalating cholera epidemic had infected 30,938 persons
and killed 1,551.
No further action was taken in the 2007 or 2006 cases in which
opposition figures and civil society members were harassed or arrested
by government authorities.
In response to continued unrest among student groups angered at
increasing tuition, the Government continued its harassment of
university student unions. On April 18, 10 students at the National
University of Science and Technology were arrested while they staged a
demonstration demanding that the ZEC release the presidential election
results and calling for a reduction of university fees. The students'
lawyer was denied access to the students twice when they were in
custody. On April 19, eight were released after being forced to pay
admission of guilt fines for breaching the peace. Two others were
released on April 21 after they were charged with malicious damage to
property. No action had been taken on the case at year's end.
On May 7, more than 600 students staged a peaceful protest at
Chinhoyi University of Technology, demanding Mugabe step down as
president. Leaders of the Zimbabwe National Students Union (ZINASU)
addressed students and attributed the collapse of tertiary education to
the national governance crisis. Two trucks of riot police interrupted
the protest and beat students. Police arrested five student leaders.
That night, war veterans abducted ZINASU spokesman Blessing Vava during
a raid on the campus residence halls. Vava was released three days
later at a farm in Banket.
On May 8, Chinhoyi University Students' Union leader Lothando
Makhubalo was arrested on campus by armed riot police who forcibly
dragged her from her residence hall, tearing her clothes off in the
process. The Government later refused to prosecute the case. In
September Chinhoyi University suspended Makhubalo for four semesters
when the student disciplinary committee found her guilty of inciting
violence, despite an apparent lack of evidence.
Freedom of Association.--Although the constitution and law provide
for freedom of association, the Government restricted this right in
practice. Organizations generally were free of governmental
interference only if the Government viewed their activities as
nonpolitical. ZANU-PF supporters, sometimes with government support or
acquiescence, intimidated and abused members of organizations perceived
to be associated with the opposition. The Government raided the offices
and inquired into the activities of numerous NGOs and other
organizations it believed opposed government policies.
On June 12, police raided the headquarters of the National
Constitutional Assembly (NCA). Police threatened to arrest members if
they did not reveal the whereabouts and contacts of the NCA leadership.
They also demanded to see the registration certificate of the
organization which police claimed was an NGO as police claimed they had
been given a government directive to close NGO offices. After the
chairman explained that the NCA, like ZLHR, operated on the basis of
their own constitutions and were not subject to the provisions of the
NGO bill, the police left.
On August 28, police raided and stopped the annual meeting of the
NGO Crisis Coalition in Zimbabwe even though police permission was not
legally required for an internal meeting. No action was taken against
the police.
The formation of political parties and unions was not restricted;
however, the Government interfered with activities of both during the
year.
For example, according to the March HRW report All Over Again:
Human Rights Abuses and Flawed Electoral Conditions in Zimbabwe's
Coming General Elections, on February 10, the MDC party chairman in
Bindura called a meeting of 20 MDC activists at a compound in the area.
On February 20, a magistrate sentenced the chairman to six months'
imprisonment for holding a political meeting; he was ordered to serve
105 hours of community service.
In February MDC supporters in Manicaland were forced to hold
clandestine meetings because police frequently denied them permission
according to HRW.
Police raided MDC's headquarters, Harvest House, twice. During the
first raid, on April 25, armed police forcibly rounded up an estimated
200 internally displaced persons (IDPs), including women and children,
who had fled post-election violence and sought refuge at the MDC
offices. The police took the IDPs to the police station, and detained
some for as long as four days. During the second raid on June 23,
persons claiming to be city health inspectors demanded access to the
building. Once MDC officials opened the doors, 50 armed police in riot
gear stormed the building. The approximately 2,600 IDPs who had sought
refuge at Harvest House were tipped off to the raid and had fled the
building before police arrived, leaving behind an estimated 30 IDPs who
were too ill, injured, or elderly to leave. Police took the remaining
IDPs to a newly established government camp in Ruwa where they were
held for weeks. Police did not produce a warrant to enter the building
in either raid.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice. The Government and the religious communities historically
have had good relations; however, the Government continued to criticize
and harass religious leaders who spoke out against the Government's
human rights abuses. Church leaders and members who criticized the
Government faced arrest, detention, and, in the case of foreigners,
possible deportation. Although not specifically aimed at religious
activities, POSA and other laws continued to be used to interfere with
religious and civil society groups organizing public prayer rallies.
In April and May police stormed various Anglican churches, breaking
up services and attacking worshipers, mostly women, with batons. Police
violence against citizens during April and May also included arresting
parishioners, interrogating priests and lay leaders, and locking doors
of churches to keep worshippers away.
The Government scrutinized churches suspected of providing food,
shelter, and other assistance to displaced people. In May and June
police raided several churches that were housing displaced persons and
took the displaced into custody. There were also credible reports of
ZANU-PF supporters threatening pastors for not encouraging congregants
to vote ZANU-PF and stopping pastors from praying for MDC victims of
violence.
Societal Abuses and Discrimination.--There were no reports of
societal violence, harassment, or discrimination against members of
religious groups, including interreligious and intrareligious
incidents, other than incidents that were politically motivated.
The Jewish community numbered approximately 270. There were no
reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country and foreign travel; however, the
Government restricted freedom of movement, foreign travel, and the
rights of IDPs in practice. The Government generally cooperated with
the Office of the UN High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in providing assistance to refugees and
asylum seekers, but interfered with humanitarian efforts directed at
IDPs.
During the year police continued to routinely erect roadblocks
staffed with armed police in and around cities and rural districts,
especially during election periods and before demonstrations and
opposition meetings. In the inter-election period, in particular,
security forces were deployed to strengthen roadblocks and border
security. Security forces claimed that they were looking for criminals,
smuggled goods, and food; however, in many cases, police arbitrarily
seized goods for their own consumption.
On August 14, Harare airport security officials seized Morgan
Tsvangirai's emergency travel document and the passports of other MDC
officials as they attempted to leave Zimbabwe for a SADC summit in
South Africa. Police returned the documents several hours later and
they were allowed to travel.
Registrar General Tobaiwa Mudede continued to seek to strip the
citizenship of persons deemed critical of the Government and to deny
the renewal of some individuals' passports. Although Mudede lost a
series of legal challenges in the Supreme Court and the High Court,
authorities seized passports and prevented citizens from leaving the
country during the year. For example, in May Morgan Tsvangirai applied
for a new passport since the pages of his previous passport were
filled. Although an emergency passport could typically be issued within
two days, the registrar general's office stated it could not issue a
passport due to a lack of material and instead gave Tsvangirai three
different short-term emergency travel documents between June and
November. However, the press reported that thousands of other passports
were issued during that period. The Government also did not issue
Tsvangirai a passport until December 25, despite his position as prime
minister-designate and repeated requests to travel on the document for
SADC-sponsored power-sharing negotiations.
During the year travel bans on a variety of persons remained in
effect, including British government officials, members of the British
parliament, a foreign human rights activist, and journalists. Foreign
correspondents were denied visas during the year.
The constitution prohibits forced exile, and there were no reports
that the Government used it. A number of persons, including former
government officials, prominent businessmen, human rights activists,
MDC members, and human rights lawyers, left the country and remained in
self-imposed exile.
The registrar general continued to deny passports based on his
interpretation of the Citizenship Act. The act requires all citizens
with a claim to dual citizenship to have renounced their claim to
foreign citizenship by January 2002 to retain their Zimbabwean
citizenship. The act revokes the citizenship of persons who fail to
return to the country in any five-year period. However, the High Court
ruled in 2002 that this interpretation does not take into account the
fact that a person is not automatically guaranteed foreign citizenship
merely because their parents were born in a foreign country, as some
countries require a person to confirm their citizenship, in which case
they could be rendered stateless. It further held that it is incorrect
to presume that when one has a parent or parents that are born out of
the country they are citizens of the other country by descent. In
addition, some countries, including in southern Africa, do not have a
means to renounce citizenship. Independent groups estimate as many as
two million citizens may have been disenfranchised by the law,
including, those perceived to have opposition leanings, such as the
more than 200,000 commercial farm workers from neighboring countries,
and approximately 30,000 mostly white dual nationals. The problem
became particularly acute during voter registration in late 2007 and
during the 2008 elections when some were denied the right to vote-
despite having voted previously-because they could not adequately
demonstrate their citizenship.
Internally Displaced Persons (IDPs).--According to independent
assessments, hundreds of thousands of persons remain displaced within
the country as a result of government policies including state-
sponsored election-related violence, land reform, and Operation
Murambatsvina in 2005. Eight percent of citizens surveyed in mid-2007
said they had moved in the last five years because they were ``asked to
move.'' Nevertheless, the Government denies an IDP problem exists. The
Government does not tolerate use of the phrase ``internally displaced
people'' and instead refers to ``mobile and vulnerable populations''
(MVPs).
The Government's campaign of forced evictions and the demolition of
homes and businesses continued during the year. At least 30,000 people
were displaced between April and July in the wake of government-
sponsored political violence and destruction of property, particularly
in rural areas. The Government did not provide assistance to IDPs,
established an NGO ban that forbid humanitarian agencies from assisting
IDPs or conducting surveys to assess the scope of the problem, and
refused to acknowledge that its policies had caused internal
displacement. In August, when violence levels in rural areas declined
in the wake of political talks, many IDPs returned to or near their
homes and were ``fined'' in food, animals, or money by local ZANU-PF
militias.
In the wake of the Government ban on humanitarian organizations'
activities between June and the end of August, aid agencies had limited
access to displaced persons. Private groups and individuals assisted
IDPs in urban areas by providing shelter, food, and clothing in
privately organized safe houses, which were routinely harassed by
security forces and ZANU-PF supporters. Although the ban was eventually
lifted, security forces and government officials continued to deny NGOs
access to some needy populations.
In 2005 an estimated 700,000 persons lost their homes or businesses
following Operation Murambatsvina, and approximately 2.4 million
persons were directly affected. The Government program ``Operation Live
Well,'' purportedly launched to build housing for those displaced,
primarily benefited government officials and the police rather than
victims of Operation Murambatsvina. The Swiss-based Internal
Displacement Monitoring Centre's August report The Many Faces of
Displacement: IDPs in Zimbabwe reported that victims of Operation
Murambatsvina continued to suffer and lacked permanent shelter. Some of
those who returned to rural areas were regarded with suspicion by rural
chiefs and were unable to remain. In urban areas, the continued lack of
housing contributed to high rent and overcrowding.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened, and granted refugee status or asylum.
According to law, refugees must live at Tongogara refugee camp, but
the camp afforded no means to earn a livelihood. Most refugees lived in
urban areas without the permission of the Government. In some cases,
the Government permitted refugees with special needs to live in urban
centers. The Government granted work permits to a few refugees,
primarily those with special skills.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully; however, this right was restricted in practice
because the political process continued to be tilted heavily in favor
of ZANU-PF, which has ruled continuously since independence in 1980.
Elections and Political Participation.--In 2007 SADC designated
South African President Thabo Mbeki to serve as mediator between Robert
Mugabe's government and the MDC. The mediation aimed to determine a
mutually agreed upon election date and procedures to rewrite the
constitution. Mbeki described his main objective as facilitating
elections ``whose outcome would not be contested.'' While the mediation
was ongoing, Mugabe announced on January 25 that elections would be
held in March, despite Morgan Tsvangirai's protests that mediation was
still underway and there was not enough time to campaign. On March 29,
the country held harmonized elections for the presidency, House of
Assembly, Senate, and local government.
As in previous elections in 2000, 2002, and 2005, the preelection
period was not free and fair. The environment was characterized by some
violence and a media environment that heavily favored Mugabe. Although
Tsvangirai was allowed to campaign, the country police did not permit
the MDC to hold all planned rallies, and some MDC activists were
intimidated and beaten in the weeks before the election. Foreign
journalists were not granted permission to cover the story from the
country.
The law stipulates that the ZEC is responsible for maintaining and
updating the voters' roll. However, the ZEC lacked the capacity to
carry out these functions and relied heavily on the Registrar General
of Voters office to help it carry out its responsibilities. In the
weeks preceding the March harmonized elections, the Registrar General
and the ZEC did not ensure an open inspection of the voters' roll for
aspiring candidates of the opposition party or the electorate in
certain cases until they were compelled to do so by a court order. In
some cases, voter rolls contained the names of deceased persons, known
as ``ghost voters.'' Before the March elections, the MDC claimed there
were as many as 8,000 ghost voters on the roll.
Election day was largely peaceful, with international observers
from the African Union, SADC, and the Pan African Parliament present;
international observers from Western nations were not invited. Domestic
observers, including representative from all the political parties and
independent groups such as ZESN, played a critical role in the March 29
election and observed both voting and vote tallying at polling places
across the country. For the first time, election results were posted
outside each polling station. At numerous polling places, observers
photographed the final vote count sheet and distributed the images.
The March election results demonstrated a significant shift in the
political environment. MDC secured a majority in numerous local
government councils and in the House of Assembly. On August 25,
Lovemore Moyo of the MDC was elected Speaker of the House by secret
ballot, marking the first time a non-ZANU-PF member held the seat since
1980.
The results of the presidential race were not released until May 2.
The lengthy delay called into question the credibility and independence
of the ZEC. According to the ZEC tally, 2,537,240 votes were cast, with
1,195,562 (47.9 percent) for MDC's Tsvangirai, while Mugabe obtained
1,079,730 (43.2 percent). Simba Makoni, who left ZANU-PF in February to
run as an independent, received 207,470 votes (8.3 percent). These
calculations differed from the parallel vote tabulation conducted by
ZESN and released on March 31. ZESN estimated that Tsvangirai received
49.4 percent (+/-2.4 percent margin of error), Mugabe received 41.8
percent (+/-2.6 percent margin of error), and Simba Makoni received 8.2
percent (+/-1.1 percent margin of error). The ZEC results fell within
the margin of error as estimated by ZESN's projections, but also
allowed for the possibility that Tsvangirai won out-right. Initially
the MDC challenged the results, asserting that Tsvangirai had secured
the majority of votes needed to win the presidency. According to the
ZEC tally, since no candidate secured the 50 percent-plus-one needed to
win outright, a run-off election was set for June 27.
The months leading up to the run-off election were marred by
widespread violence and intimidation perpetuated by the ZANU-PF
government and its supporters. On June 21, Mugabe gave a speech to
followers, indicating he intended to win by any means necessary.
According to local press reports, he stated, ``we will never allow an
event like an election to reverse our independence, our sovereignty,
our sweat and all that we fought for'' and ``we are not going to give
up our country because of a mere X [on a ballot].'' Domestic election
observers, non-ZANU-PF polling agents, and known MDC members and
supporters were targeted and attacked. At least one observer died, and
in June alone 30 observers were physically assaulted, over 200
displaced, and 14 had homes and property destroyed.
Violence throughout the pre-run-off period left more than 150 dead,
thousands injured, and tens of thousands displaced. On June 22, in the
wake of the violence, along with continued disruption of MDC rallies
and campaign efforts, Tsvangirai announced that he would not contest
the run-off election. The ZEC declared Tsvangirai's withdrawal
unlawful. A legal debate ensued over whether the Electoral Act required
a withdrawal to be submitted 21 days before the run-off or whether the
21-day period related only to the first round of elections. The ZEC
ultimately issued a statement on June 25 declaring the June 27 run-off
would proceed, despite statements from regional and international
bodies that the environment was not conducive to a free and fair
election. Some voters stated that they would purposefully mismark their
ballot in protest while others reported that they would boycott the
election entirely. On June 27, 2,514,750 voters went to the polls,
according to official results. In the run-off, the ZEC reported that
Mugabe received 2,150,269 votes, Morgan Tsvangirai received 233,000,
and 129,781 ballots were spoiled. According to the ZEC figures, Mugabe
received 1,070,539 more votes in June, and Tsvangirai received 962,562
fewer votes. On June 29, the ZEC announced Mugabe had won with more
than 85 percent of the vote; he was inaugurated the same day.
During the run-off, there were numerous reports of voter
intimidation. In the days leading up to the one-man election, ZANU-PF
youths threatened voters with beatings or death if they could not show
indelible ink on their finger as evidence of having voted. Some polling
stations were located in areas regarded as intimidating to voters, such
as at police stations, farms owned by war veterans, or next to local
ZANU-PF headquarters. At some polling places, police officers and other
unidentified individuals recorded the names of those who voted and used
serial numbers to track their ballots.
Electoral laws provide for postal voting for citizens that are not
able to vote in their area of residence on the day of election. During
the run-off, members of the security forces such as police, soldiers,
and prison officers were intimidated and forced to vote for the
incumbent by mail. A prison official filmed a video of the conditions
under which prison workers voted. The video depicted officers being
told to vote for Mugabe by their superiors and forced to vote in front
of them, violating secrecy of the ballot. According to HRW, senior
officers threatened lower ranking officers and stated that the
subordinates would not be allowed to ``sell out'' the country.
In a government policy shift from the March election, ZESN and
other domestic observers faced significant bureaucratic obstacles that
prevented them from observing the June election. Minister of Justice,
Legal, and Parliamentary Affairs Patrick Chimamasa greatly reduced the
number of accreditations from over 8,667 in the harmonized election to
500 in the presidential run-off, even though the Electoral Act provides
for two election agents per organization per polling station, which
would amount to 27,000 observers at the 9,231 polling places in the
run-off. Observers charged the shortage of accreditations was a means
to curtail the ability of civil society to monitor elections,
especially polling.
While the country did not allow nationals of most Western countries
to observe the elections, it did allow election observer missions from
three African groups. The Pan African Parliament concluded the run-off
election did not give rise to free, fair, or credible results. SADC's
report stated that the environment ``impinged on the credibility of the
electoral process'' and the ``elections did not represent the will of
the people of Zimbabwe.'' The African Union mission noted the violence
and fear that led up to the election and said that the election ``fell
short of accepted AU standards.'' Leaders of a number of neighboring
countries, including Botswana and Zambia, condemned the poll.
Following domestic and international protests of Mugabe's
inauguration, ZANU-PF and MDC resumed negotiations, with Mbeki as lead
SADC mediator. On July 21, the leaders of the two MDC factions and
ZANU-PF signed a Memorandum of Understanding (MOU) which set terms for
the forthcoming dialogue The MOU, unlike the agenda of the eight-month-
long SADC negotiations that ended in failure in January, envisaged that
the parties would form an inclusive government. On September 15,
Mugabe, Tsvangirai, and Mutambara signed a power-sharing agreement to
establish an ``inclusive'' government.
At year's end the agreement had not been implemented. The
abductions of MDC officials, along with Mugabe's reappointment of
Reserve Bank Governor Gideon Gono and appointment of Attorney General
Johannes Tomana, sparked criticism that Mugabe had violated provisions
of the September agreement and acted unilaterally to form a new
government.
Before the March elections, the Government enacted numerous changes
that affected the electoral system. On January 11, amendments were
enacted to the Electoral Laws Amendment Act, POSA, and AIPPA. The
Electoral Act abolished the Electoral Supervisory Commission, which
previously managed the election process, and turned its authorities
over to ZEC. The act was intended to streamline the election
bureaucracy and allow continuous voter registration, and prohibit the
use of intimidation during campaigns. In addition, the act requires
voters to vote at assigned polling stations in their wards, rather than
at any polling station within their constituency. The locations of
polling places were poorly advertised before the March and June
elections.
The ZEC, established in 2005, is charged with directing voter
registration, maintaining the voters roll, conducting voter education,
and accrediting observers. ZEC is comprised of seven members, three of
whom must be women, who are appointed by the president. The chairperson
is appointed after consultation with the Judicial Service Commission,
while the other six are appointed from a list of nominees submitted by
the Parliamentary Committee on Standing Rules and Orders. ZEC also has
provincial and district offices. Since its inception, observers have
questioned ZEC's independence and impartiality. Despite a provision in
the Electoral Act that prohibits military and civil servants from
serving on the ZEC, the March HRW report, All Over Again: Human Rights
Abuses and Flawed Electoral Conditions in Zimbabwe's Coming General
Elections, detailed cases of current and former military and
intelligence officers serving as ZEC officials. Notably, the chairman
of ZEC, Justice George Chiweshe, is a former military officer who also
chaired the commission that oversaw flawed elections in 2005. The
report also described the voter registration process as flawed. Mobile
voter registration was not advertised openly and, in some cases, NGO
officials said voters were not allowed to register unless they had
ZANU-PF membership cards.
The law states that ZEC should start a voter education program no
later than 90 days before election day. No person or entity other than
ZEC, or someone appointed by it, can provide voter education. Given the
new divisions of constituencies, the requirement to vote at a specific
polling place, and the introduction of four elections on one day,
independent groups charged that voter education was essential to
informing voters well ahead of the March 29 election. While ZEC
officers carried out voter education in urban areas, they provided
little education in rural areas. Media provided some information;
however, because of low literacy rates and limited access to media in
rural areas, populations in these areas remained relatively uninformed.
Although ZESN provided voter education in 2005, ZEC did not grant it
permission to conduct voter education campaigns.
In September 2007 parliament unanimously passed constitutional
Amendment 18. Among other changes, the amendment expanded the House of
Assembly by increasing the number of constituencies from 120 to 210. It
also empowered ZEC to set the boundaries of parliamentary and local
constituencies. The delimitation report was finalized on January 17.
Although the constitution provides that delimitations must be debated
in parliament, parliament adjourned before the report could be debated.
The MDC and members of civil society criticized the delimitation of
wards and constituencies as favoring ZANU-PF.
Although the constitution allows for multiple parties, the ruling
party and security forces intimidated and committed abuses against
opposition parties and their supporters and obstructed their
activities.
During the year the Government manipulated the electoral process,
including through partisan disbursement of food and other material
assistance to perpetuate public dependence on the ruling party,
disenfranchising of voters, and skewed elections in favor of ruling
party candidates. In some areas a ZANU-PF card was required to obtain
food and agricultural inputs. According to the ZESN, ZANU-PF prevailed
on traditional leaders to get out the vote for the ruling party.
Under the constitution, the president may unilaterally declare a
state of public emergency for a period of up to 14 days; has sole power
to dissolve parliament and to appoint or remove a vice president and
any minister or deputy minister; and directly appoints eight provincial
governors who sit in parliament, and six senators.
There were reports that the Government removed, from the civil
service and the military, persons perceived to be opposition
supporters. There also were reports that the Government assigned
soldiers and youth service members to work in government ministries.
The Government routinely interfered with MDC-led local governments.
In the March 29 elections, the MDC won a majority of seats in city
councils across the country. Under the Urban Councils Act, the Ministry
of Local Government has the power to appoint ``special interest
councilors'' to local councils to represent special interest groups.
Such appointments should fill ``gaps'' by including members of business
and civil society in the councils. However, Minister Ignatius Chombo
used this authority to appoint losing ZANU-PF candidates to councils
across the country. City councils in Mutare, Harare, Bulawayo, and
other cities challenged such appointments. In September a Bulawayo man
filed a claim in the High Court calling for the nullification of nine
of Minister Chombo's appointments to the Bulawayo council, a number of
whom were losing ZANU-PF candidates. In addition, the Bulawayo council
filed a report questioning the appointments, saying there ``was no
evidence of any special interest they represented.'' On October 11, in
a High Court hearing in Bulawayo, the Government attorney admitted that
the appointments were unlawful. By year's end the council had not
convened any full council meetings and special interest councilors had
not been inaugurated.
The ruling party's candidates continued to benefit from ZANU-PF's
control of the state- and party-owned firms that dominated the
country's economy and from its control of the state-monopolized
broadcast media. Youth wings of the ruling party continued to commit
abuses against the opposition and members of civil society with
impunity.
After the March elections, there were 32 women in the 210-seat
House of Assembly. Women won 21 of the 60 elected seats in the Senate,
including the president of the Senate. One vice president, one deputy
prime minister, four ministers, and two governors were women. Of these
270 elected positions, 53 were filled by women, constituting 19 percent
of the total, short of the SADC target for female representation of
one-third. In 2006 Rita Makarau became the first woman to hold the
position of judge-president of the High Court. Women participated in
politics without legal restriction, although according to local women's
groups, husbands commonly directed their wives to vote for the
husbands' preferred candidates, particularly in rural areas. The ZANU-
PF congress allotted women one-third of party positions and reserved 50
positions for women on the party's 180-member central committee, which
was one of the party's most powerful organizations.
There were 10 members of minority groups in the cabinet, including
Vice President Joseph Msika. There were 46 members of minority groups
in the 210-seat House of Assembly, including 43 Ndebele and three
whites.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively and impartially, and officials frequently
engaged in corrupt practices with impunity. The World Bank's Worldwide
Governance Indicators reflected that corruption was a severe problem.
Implementation of the Government's ongoing redistribution of
expropriated, white-owned, commercial farms substantially favored the
ruling party elite and continued to lack transparency. Top ruling party
officials continued to handpick numerous farms and register them in the
names of family members to evade the Government's one-farm policy. The
Government continued to allow individuals aligned with top officials to
seize land not designated for acquisition.
Top ruling party officials and entrepreneurs supporting the ruling
party received priority access to limited foreign exchange, farm inputs
such as fertilizer and seed, and fuel. The Government's campaign to
provide housing plots and vending sites for victims of Operation
Murambatsvina mostly benefited civil servants, security forces, and
ruling party supporters.
After significant shortages of basic goods in stores, in August the
Government established shops under the National Basic Commodities
Supply Enhancement Program (BACOSSI) designed to provide basic goods at
reduced prices. Under the program, local traditional leaders including
chiefs and headmen were involved in the distribution. Politicization of
the program was widely reported. In some cases, chiefs reportedly
refused to provide goods to members of their community who were members
of the MDC. In many of the stores, ZANU-PF cards were reportedly
required to purchase goods, and ZANU-PF leaders and soldiers reportedly
stole goods from some stores and later sold them on the black market at
an increased price. The Confederation of Zimbabwe Industries' 2008
Manufacturing Survey noted that ``the BACOSSI facilities are having
little impact given that they tend to be targeted and those who get
them are not getting their full disbursements.''
A government-appointed Anticorruption Commission was established in
2005 but had yet to register any notable accomplishments. In September,
one senior member of the ACC was implicated in the takeover of a
commercial farm when she planted her own crops on someone else's farm.
In November the Inspector General of the Global Fund for AIDS, TB,
and Malaria revealed that the Government had misused $7.3 million of
its $12.3 million grant. For several months, local organizations
providing life-saving medical assistance were unable to access the
funds, which were being held by the Reserve Bank because the Government
had reallocated the funds for other purposes. Due to the Government's
failure to use the money appropriately, only 495 of an intended 27,000
health workers received training in proper distribution of HIV/AIDS,
TB, and malaria drugs. Shortly after the misallocation became public,
the Government returned the funds to the Global Fund's account.
Prosecutions for corruption continued but were selective and
generally seen as politically motivated. The Government targeted
persons who had fallen out of favor with the ruling party or
individuals without high-level political backing. Prosecutions were
often for externalizing foreign currency, which was a common practice
among the political and business elites.
There were several cases of government employees buying food and
fertilizer and reselling it at an increased price. On September 22,
police arrested five workers at the Grain Marketing Board depot in
Chegutu for allegedly buying fertilizer from the Board and selling it
in foreign currency to two foreigners to be smuggled to Zambia. More
than 60 tons of fertilizer were recovered. The case was ongoing at
year's end.
The Government stated that the AIPPA was intended to improve public
access to government information; however, the law contains provisions
that restrict freedom of speech and press, and these elements of the
law were the ones the Government enforced most vigorously.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups operated
in the country, investigating and publishing their findings on human
rights cases; however, they were subject to government restrictions,
interference, monitoring, and harassment. Domestic NGOs worked on human
rights and democracy issues, including lobbying for revision of POSA
and AIPPA; election observation; constitutional and electoral reform;
increasing poor women's access to the courts; raising awareness of the
abuse of children; conducting civic education; preserving the
independence of the judiciary; and combating torture, arbitrary
detention, and restrictions on freedom of the press and assembly. Major
domestic independent human rights organizations included the Crisis in
Zimbabwe Coalition, Zimbabwe Human Rights NGO Forum, ZESN, ZLHR, ZPP,
NCA, SST, and WOZA.
The Government continued to use the state-controlled media to
disparage and attack human rights groups. Articles typically dismissed
the efforts and recommendations of NGOs that were considered critical
of the Government as efforts by groups that merely did the bidding of
``Western governments.''
During the year police arrested or detained NGO members, often in
connection with demonstrations or marches; many were beaten during
arrest and tortured while in custody. Some NGO members died in
postelection violence.
The Government harassed some NGOs it believed opposed government
policies with raids on their offices and investigations into their
activities. On June 9, police raided the offices of ZimRights,
Transparency International, the Student Christian Movement of Zimbabwe,
the Ecumenical Support Services, Christian Alliance, the Zimbabwe
National Pastors Conference, PADARE Men's Forum on Gender, and the NCA.
The raids, which were conducted without warrants, led to 10 arrests.
Those arrested were later charged with possessing subversive material
and detained. On June 13, they were released after the attorney
general's office declined to prosecute them, citing lack of evidence.
The Government increased its harassment and intimidation of human
rights lawyers during the year. Police often threatened, and in some
cases assaulted, lawyers when they attempted to gain access to their
clients in police custody. For example, in June in Matabeleland North,
13 members of the Media Monitoring Project were arrested for holding a
meeting without permission and held for three nights. Their lawyer was
abducted and released 15 miles from town the day of their hearing; the
13 were never charged.
The Government continued to obstruct the activities of
organizations involved in humanitarian activities, particularly in
rural areas. The Government restricted feeding programs and blocked
efforts by local and international NGOs to provide humanitarian relief
to those affected by Operation Murambatsvina. Following the March 29
election, NGOs and humanitarian organizations were increasingly denied
access by a variety of official and unofficial personnel acting on
behalf of the Government.
On May 28, the Minister of Social Welfare, Labor, and Public
Service Nicholas Goche ordered the NGO CARE to suspend all of its
operations. The suspension came after months of harassment by war
veterans, the military, and other officials who accused CARE of
meddling in Zimbabwe's internal politics and of using food aid to
encourage voters to vote for the MDC in the March 29 election.
On June 5, Minister Goche suspended all NGO ``field operations,''
specifically referring to the distribution of food aid. Although the
suspension technically only covered activities by NGOs and Private
Voluntary Organizations (PVOs), activities by other organizations,
including churches and UN agencies, were also curtailed by security
officials.
On June 6, government officials and ZANU-PF supporters hijacked a
truck carrying 20 metric tons of food donated by the international
community and destined for children at 27 schools in eastern Zimbabwe.
The truck driver was threatened and held at the local police station
for three days without charge. The food was distributed to ZANU-PF
supporters at an election rally.
The NGO suspension remained in effect until August 29 when
organizations were allowed to renew their activities but were compelled
to adhere to new reporting requirements to maintain valid NGO
registrations with the ministry.
Representatives of International NGOs were harassed. For example,
on April 3, security forces detained Dileepan Sivapathasundaram, a
foreigner with the National Democratic Institute, while he was
attempting to leave the country. Security forces interrogated
Sivapathasundaram for over 22 hours without allowing him access to
legal counsel and held him without charge for six days before his
release.
In May the Government declared the country director for the Swedish
Cooperative Center persona non grata and gave her 24 hours to leave the
country. The Government did not provide a justification for the action.
At the 43rd session of the African Commission on Human and Peoples'
Rights in May, the commission adopted a resolution expressing concern
for the deteriorating human rights situation and calling for a stop to
the escalating political violence and internal displacements.
On June 17, the Government abruptly deported a senior official with
the UNHCR less than a week after the officer's arrival in the country;
the Government did not provide a justification. Following the
expulsion, High Commissioner Louise Arbour stated that ``this seems to
fit into a pattern of the Government taking a very uncooperative
attitude vis-a-vis many international actors in the humanitarian
sector.''
In June UN Secretary General Ban Ki-moon appointed Assistant
Secretary General for Political Affairs Haile Menkerios as special
envoy to the country. The same month, Menkerios visited the country; he
also supported SADC-sponsored negotiations between ZANU-PF and the MDC
in August and September in South Africa. On June 30, the secretary
general denounced the results of the June 27 presidential run-off
election as illegitimate. UN Deputy Secretary-General Asha-Rose Migiro
described the crisis as ``the single greatest challenge to regional
stability in southern Africa, not only because of its terrible
humanitarian and security consequences, but also because of the
dangerous political precedent it sets.''
On July 1, at the 11th ordinary session of the African Union (AU),
the body adopted a resolution expressing concern over the negative
election reports from SADC, the AU, and the Pan-African Parliament and
election-related violence and loss of life, as well as the urgent need
to prevent further worsening of the situation.
In July the UN Security Council voted on a resolution to condemn
the actions of and impose sanctions on ZANU-PF's leaders. The
resolution sought to address political violence and intimidation
perpetrated against the opposition party and would have instituted an
arms embargo on the country, as well as a travel ban on Mugabe and 13
of his allies. While a majority of Security Council members voted in
favor of the resolution, it was vetoed by two of the council's
permanent members, Russia and China.
On November 22 and 23, three members of The Elders, former United
States president Jimmy Carter, former UN secretary general Kofi Annan,
and women's and children's rights advocate and former first lady of
Mozambique Graca Machel attempted to visit the country to evaluate the
growing humanitarian crisis. According to The Elders, on the eve of
their departure from South Africa for Harare, SADC negotiator Thabo
Mbeki informed them that their visit was not welcomed at that time by
the Zimbabwean government and they would not be permitted entry to the
country. The Elders remained in South Africa where they met with
political, business, civil society, and humanitarian aid workers to
discuss the crisis in Zimbabwe. In the report summarizing their
findings, Carter stated that, ``the entire basic structure in
education, healthcare, feeding people, social services and sanitation
has broken down. These are all indications that the crisis in Zimbabwe
is much greater, much worse than we ever could have imagined.''
On December 10, the UN Security Council held a closed-door meeting
to discuss the humanitarian and political crisis in Zimbabwe. Although
the Council agreed the humanitarian situation was appalling, Russia and
South Africa opposed UN intervention and stated the crisis should be
solved through regional negotiations.
In 2007 parliament unanimously approved Constitutional Amendment
18, which provides for the establishment of a parliamentary human
rights commission. However, critics charged that the law would restrict
efforts by international human rights organizations to accurately
report on the country's human rights situation. No further action was
taken toward establishing the commission by year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law provide that no person can be deprived of
fundamental rights, such as the right to life, liberty, and security of
person, based on one's race, tribe, place of origin, political
opinions, color, creed, gender, or disability; however, the
constitution allows for discrimination, primarily against women, on the
grounds of ``customary law.'' Discrimination against women and persons
with disabilities remained problems. The Government and ruling party
infringed on the right to due process, citizenship, and property
ownership in ways that affected the white minority disproportionately.
Women.--The law makes rape and nonconsensual sex between married
partners a crime; however, few cases of rape, especially spousal rape,
were reported to authorities because women were unaware that spousal
rape was a crime and feared losing the support of their families,
particularly in rural areas. The criminal code defines sexual offenses
as rape, sodomy, incest, indecent assault, or immoral or indecent acts
with a child or person with mental disabilities and provides for
penalties up to life in prison for sexual crimes. Police acted on
reported rape cases not associated with political violence, and the
Government media frequently published stories denouncing rape and
reporting convictions. In many cases the victims knew their rapists.
The criminal code also makes it a crime to knowingly infect anyone with
HIV. Local NGOs dealing with women's rights reported that rape cases
were brought to the court and there were convictions; however,
statistics were unavailable.
According to one local NGO, at least 50 women were raped during
election-related violence leading up to the June 27 run-off election.
Because rape was underreported, NGOs believe the actual number was much
higher.
Domestic violence against women, especially wife-beating, continued
to be a serious problem. In 2006 the Musasa Project, a local NGO that
worked for the protection and promotion of women's rights, reported
that approximately one-third of women in the country were in an abusive
marital relationship. Most cases of domestic violence went unreported
due to traditional sensitivities and fear of economic consequences for
the family. Authorities generally considered domestic violence to be a
private matter and usually only arrested an offender for assault if
there was physical evidence of abuse. There were newspaper reports of
wife killings, and there were a few reports of prosecutions and
convictions for such crimes. For example, in May, seven women were
reported killed in incidents of domestic violence. In one of the cases,
a man killed his pregnant wife when she prepared the wrong meal for
him. There were no prosecutions in any of these cases. In May a police
officer was sentenced to 15 years in prison for the 2005 murder of his
wife after a dispute over a cell phone.
In May dozens of civil society and women's groups sent a petition
to the UN Human Rights Council in Geneva calling for international
assistance in ending the violence. The petition stated that because
violence was predominant in rural areas where 80 percent of women
lived, women and children were suffering disproportionately.
In October 2007 the Government enacted the Domestic Violence Act,
which criminalizes domestic violence and provides enhanced protection
for victims of abuse; the act was viewed as a milestone by women's
rights groups. The law provides for a fine and a maximum prison
sentence of 10 years. The Ministry of Women's Affairs and local women's
groups coordinated efforts to develop an implementation strategy after
the act passed parliament in 2006. Government media reported that
police charged Clement Chaplin Kanyoka under the Domestic Violence Act
for the December 2007 killing of his wife. He was released on bail in
January, and the case was pending at year's end.
During the year the Government continued a public awareness
campaign on the act. Several women's rights groups worked with law
enforcement and provided training and literature on domestic violence
as well as shelters and counseling for women. Local women's rights
groups reported that awareness of domestic violence increased; however,
the press reported that the act has proven difficult to implement, as
the form to report domestic violence to the police is 30 pages long,
making it difficult to complete and photocopy.
Prostitution is illegal, and several civil society groups offered
anecdotal evidence that the country's worsening economic problems were
forcing more women and young girls into prostitution. There were
increasing reports that women and children were sexually exploited in
towns along the borders with South Africa, Botswana, Mozambique, and
Zambia. During the year there were numerous media reports regarding
concerted efforts by police to halt prostitution throughout the
country. Police arrested both prostitutes and their clients during the
year.
Labor legislation prohibits sexual harassment in the workplace and
an employer may be held liable for civil remedies if found in violation
of provisions against ``unfair labor practices'' including sexual
harassment. The penalties for these violations are not specified in the
law. Women commonly faced workplace sexual harassment, government
enforcement was not effective, and there were no reports of any
prosecutions during the year.
Despite laws aimed at enhancing women's rights and countering
certain discriminatory traditional practices, women remained
disadvantaged in society. Economic dependency and prevailing social
norms prevented rural women in particular from combating societal
discrimination. Despite legal prohibitions, women remained vulnerable
to entrenched customary practices, including pledging young women to
marry partners not of their choosing and forcing widows to marry the
brothers of their late spouses.
The law recognizes women's right to own property independently of
their husbands or fathers; however, many women continued to be unaware
of their property and inheritance rights. Divorce and maintenance laws
were equitable, but many women lacked awareness of their rights.
Women and children continued to be adversely affected by the
Government's forced evictions and demolition of homes and businesses in
several cities and towns. Many widows who earned their income in the
informal economy or by renting out cottages on their property lost
income when their market stalls or cottages were destroyed. Widows
faced particular difficulties when forced to relocate to rural areas.
Traditionally, women joined their husband's family when married and
were considered an unwanted burden by their childhood families.
Likewise, they were sometimes unwelcome in their husband's family in
rural areas where resources were already strained.
The Ministry of Women's Affairs, Gender, and Community Development
continued its efforts to advance women's rights. The ministry, through
collaboration with local NGOs, continued training workshops for
traditional leaders in rural communities to create more awareness on
women's issues. Women's Affairs Minister Oppah Muchinguri maintained
``gender units'' in every ministry. The Government gave qualified women
access to training in the military and national service. Although there
were advances for women within the armed forces in recent years, they
continued to occupy primarily administrative positions. In recent years
women progressed in health and education but in general were
concentrated in the lower echelons of the workforce, especially in the
financial industry. Women held positions of importance in the
legislative and executive branches of the Government. NGOs reported
that anecdotal evidence indicated women experienced economic
discrimination including access to employment, credit, pay, and owning
or managing businesses. However, detailed information was not
available.
Several active women's rights groups concentrated on improving
women's knowledge of their legal rights, increasing their economic
power, combating domestic violence, and protecting women against
domestic violence and sexual transmission of HIV/AIDS.
Children.--The Government's commitment to children's rights and
welfare did not improve during the year. Declining socioeconomic
conditions, violence, and a dysfunctional education system continued to
place more children at risk. According to statistics from UNICEF, one-
quarter of the country's children were orphans, and 100,000 children
lived in child-headed households. The education system experienced its
worst year on record.
In 2007 the Ministry of Public Service, Labor, and Social Welfare
and the UNICEF formalized agreements with 21 NGOs to advance the
National Action Plan for Orphans and Vulnerable Children (NAP for OVC),
designed to ensure that orphans and vulnerable children were able to
access education, food, health services, and birth registration and
were protected from abuse and exploitation. UNICEF reported that the
NGOs involved in the program had reached just over 200,000 OVC with
comprehensive support and protection since the beginning of the
program. However, the Government-imposed NGO ban between June and
August negatively affected the program, putting vulnerable children at
greater risk.
Although legislation existed to protect children's rights, it was
difficult to administer and enforce, primarily due to a lack of funding
and resources. Many orphaned children were unable to obtain birth
certificates, which the Child Protection Society reported made it
difficult for the children to enroll in school and access health
services; however, the Government made improvements in 2007 by
decentralizing the authority to issue birth certificates to local
Registrar General offices throughout the country.
Primary education is not compulsory, free, or universal for any
children. According to the UNICEF Humanitarian Action Report 2008:
Zimbabwe, the educational system was ``characterized by low enrolment
rates, declining attendance and completion rates, low transition rate
to secondary school and insufficient learning spaces, teachers and
learning materials.'' Many schools attempted to charge school fees in
foreign currency, fuel coupons, or even livestock, as the value of
local currency continued to fall. Many parents complained that they did
not have access to resources to pay school fees. In October the two
main teachers' unions jointly called for the school year to be
cancelled, labeling it a ``wasted year.'' Election preparations,
elections, election-related violence, teacher strikes, and teacher
salaries that were lower than commuting costs contributed to repeated
disruptions to effective learning during the year. One teachers' union
estimated students averaged only 23 days of formal instruction in the
entire academic year.
UNICEF estimated 82 percent net primary school enrollment through
2005; however, school attendance declined dramatically during the year.
At year's end UNICEF estimated that just 20 percent of children
attended school. This decline resulted from severe economic hardship,
displacement of thousands of children from their homes as a result of
election-related violence, emigration of qualified teachers, the
inability to pay school fees, and Operation Murambatsvina. The highest
level achieved by most students was primary level education. UNICEF
figures through 2005 showed a net secondary school enrollment of 35
percent for boys and 33 percent for girls.
In most regions of the country, fewer girls than boys attended
secondary school. If a family was unable to pay tuition costs, it was
most often female children who left school. The Child Protection
Society reported that girls were more likely to drop out because they
were more readily employable, especially as domestic workers. In 2006,
in collaboration with UNICEF and other partners, the Government
launched a National Girls' Education Strategic Plan to increase the
likelihood of achieving universal primary education and ensuring that
girls stayed in school.
Child abuse, including incest, infanticide, child abandonment, and
rape continued to be serious problems during the year. Police
statistics showed that child rape tripled between 2005 and 2007.
Anecdotal evidence suggested that a relative or someone who lived with
the child was the most common abuser. Girl Child Network reported that
girls believed to be virgins were at risk for rape due to the belief
among some that having sex with a virgin would cure men of HIV and
AIDS. In February UNICEF and the Government launched the ``Stand Up and
Speak Out'' child abuse awareness and prevention campaign.
The traditional practice of offering a young girl in marriage as
compensatory payment in interfamily disputes continued during the year,
as did arranged marriage of young girls. The legal age for a civil
marriage is 16 for girls and 18 for boys. Customary marriage,
recognized under the Customary Marriages Act, does not provide for a
minimum marriage age for either boys or girls; however, the criminal
code prohibits sexual relations with anyone younger than 16 years of
age. According to UNICEF in 2006, 29 percent of young women married
when they were under 18 years of age. Child welfare NGOs reported that
they occasionally saw evidence of underage marriages, particularly in
isolated religious communities or among orphans with HIV/AIDS.
The Government gave preference to national youth service graduates
among those entering and those seeking employment in the civil service,
especially in the security forces. The stated purpose of the training
camps was to instill national pride in youth, highlight the history of
the struggle for independence, and develop employment skills; however,
news reports quoted deserters as saying that the camps subjected
trainees to partisan political indoctrination as well as military
training. There were numerous credible reports that graduates were used
by the Government to carry out political violence.
With 1.6 million orphans with HIV/AIDS, the country had the world's
highest percentage of orphaned children at one in four, and the number
increased during the year. Ninety percent of orphans were cared for by
the extended family. Many grandparents were left to care for the young,
and, in some cases, children or adolescents headed families and were
forced to work to survive. Orphaned children were more likely to be
abused, not to be enrolled in school, and to suffer discrimination.
Some children were forced to turn to prostitution as a means of income.
UNICEF estimated that at least 10,000 children were displaced in
election-related violence. At year's end NGOs were uncertain how many
children remained affected. The continuing economic decline and the
Government's lack of support for social welfare institutions
contributed to a noticeable increase from the estimated 12,000 street
children throughout the country. NGOs operated training centers and
homes for street children and orphans, and government officials
referred children to these centers.
Trafficking in Persons.--No laws specifically address trafficking
in persons, and the country was a source, transit, and destination
country for trafficking in persons.
Trafficking was a serious problem. NGOs, international
organizations, and governments in neighboring countries reported an
upsurge in Zimbabwean emigrants facing conditions of exploitation.
Rural children were trafficked into farms or cities for agricultural
labor, domestic servitude, and commercial sexual exploitation, often
under the false pretenses of job or marriage proposals, according to
one NGO. Reports suggested that those children in desperate economic
circumstances, especially those in families headed by children, were
most at risk. Women and children were reportedly trafficked for sexual
exploitation in towns along the borders with the four neighboring
countries. In recent years, women and girls were lured to South Africa,
China, Egypt, the United Kingdom, Canada, and Zambia with false
employment offers that resulted in involuntary domestic servitude or
commercial sexual exploitation. Women and children from the Democratic
Republic of the Congo, Malawi, Mozambique, and Zambia were trafficked
through the country to South Africa. Small numbers of South African
girls were trafficked to the country for forced domestic labor.
Traffickers were typically independent businesspersons who were
part of small networks of local criminal groups that facilitated
trafficking within the country, as well as into South Africa or other
surrounding countries. Anecdotal reporting indicated that traffickers
approached a potential victim, usually young women or girls, with the
offer of a lucrative job in another part of the country or in a
neighboring country. Many young men and boys were exploited by
``guides'' when they attempted to cross the border illegally into South
Africa to find work. Trafficked citizens often labored for months
without pay in South Africa before their ``employers'' reported them to
authorities as illegal immigrants. Traffickers often transported
victims covertly across borders at unrecognized border crossing points.
The use of child laborers, especially as farm workers or domestic
servants, was common in the country, often with the complicity of
family members.
The constitution and law prohibit forced or compulsory labor,
including by children, with the exception of working for parents or the
national youth service. Forced labor is punishable by a fine, two
years' imprisonment, or both. It is a crime under the criminal code to
transport persons across the border for sex. The law provides for a
fine and a maximum prison sentence of two years (10 years if the victim
is under the age of 16) for procuring another person to become a
prostitute, whether inside or outside the country. Traffickers also can
be prosecuted under other legislation such as immigration and abduction
laws.
The Government demonstrated interest in combating trafficking;
however, it did not devote sufficient resources to investigating and
prosecuting cases.
The primary government authority to combat trafficking was the ZRP
which relied on NGOs to alert them to cases. During the year some
traffickers were arrested, but none of the arrests resulted in
prosecutions. The Interpol National Central Bureau Zimbabwe's
``antitrafficking desk'' was staffed with ZRP officers who assisted
with international investigations.
There were reports suggesting that corruption in law enforcement,
especially at the local level, directly or indirectly facilitated
trafficking. The Government took steps during the year to educate and
train officials to combat trafficking. Government officials attended
International Organization for Migration (IOM) seminars on trafficking
during the year. IOM held numerous sector-specific training workshops
during the year: four for law enforcement, three for social services
professionals, three for faith-based organizations, and three for
health and hygiene officials.
In January the Government signed a memorandum of understanding with
the South African government for a joint project to regularize the
status of illegal Zimbabwean migrant farm workers in South Africa's
Limpopo Province and ensure them proper employment conditions.
Although the Government lacked resources to provide protective
services on its own, the police Victim Friendly Unit, social services,
and immigration officials utilized an established process for referring
victims to international organizations and NGOs that provided shelter
and other services. The Government coordinated closely with the IOM-run
migrant reception center in the town of Beitbridge on the border with
South Africa, which provided social and reintegration services to the
large number of illegal migrants repatriated from South Africa. In May
IOM opened a second reception center in the town of Plumtree on the
border with Botswana on government-allocated land.
Victims suffering from child or domestic abuse were treated with
special procedures in victim-friendly courts, and trafficked persons
had the option to take cases before such courts. Local immigration and
social services officials referred trafficking victims to NGO-funded
centers. Save the Children Norway also offered shelter and referrals
for medical attention at the IOM reception centers in Beitbridge and
Plumtree for unaccompanied children and trafficking victims.
The Government-run media prominently featured articles about
trafficking in persons, and the Government had prevention programs to
provide alternatives for children at risk. The Government also
continued to cooperate with the IOM and Interpol in a public awareness
radio campaign in five languages that led to the identification of
several victims during the year. In December the IOM and local NGO
Oasis Zimbabwe launched an antitrafficking hotline.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with disabilities in employment, access
to public places, and the provision of services; however, the lack of
resources devoted to training and education severely hampered the
ability of persons with disabilities to compete for scarce jobs. The
law stipulates that government buildings be accessible to persons with
disabilities, but implementation has been slow. NGOs continued to lobby
to include persons with albinism in the definition of ``disabled''
under the law. Persons with disabilities faced harsh societal
discrimination. Traditional belief viewed persons with disabilities as
bewitched, and children with disabilities often were hidden when
visitors arrived. In September the Government announced it was
reviewing the Disabled Persons Act, the Mental Health Act, and the
constitution to align them with the Convention on the Rights of People
with Disabilities; no further action was taken by year's end.
According to the National Association of Societies for the Care of
the Handicapped (NASCOH), persons with disabilities continued to be a
forgotten and invisible group in society. For example, although an
estimated 10 percent of citizens had disabilities, the sector has
largely been marginalized from HIV/AIDS intervention programs. Except
for a short period in the 1990s, instructions on the use of condoms
have never been distributed in Braille for the visually impaired, and
no efforts were made to advertise condoms in sign language for the
deaf. There was no HIV/AIDS information in Braille. The organization
also reported that only 33 percent of children with disabilities had
access to education.
Voter turnout by persons with disabilities in the March 29 election
was low; only 245 of approximately 30,000 persons with disabilities in
Harare voted. NASCOH reported that 48 persons with disabilities served
as election observers in Harare in the March elections.
The amendments to electoral laws changed voting procedures for the
disabled. On February 29, ZEC issued a notice explaining that ``only
the Presiding Officer and two other Electoral Officers or employees of
the Commission will assist any voter who requests to be assisted.''
Some groups complained that this violated persons with disabilities'
right to cast their votes in secret. Ahead of the June 27 run-off,
there were widespread reports that ZANU-PF militias and war veterans
instructed voters to claim blindness at the polling place in order to
be assisted to vote for Mugabe.
In May NASCOH denounced the ongoing political violence,
particularly because the violence was resulting in permanently
disabling injuries. NASCOH stated that organizations providing support
and rehabilitation for persons with disabilities were already
overstretched and could not afford to also provide for persons who were
newly disabled.
Operation Murambatsvina in 2005 severely affected persons with
disabilities and, according to the UN special envoy's report on the
operation, the Government held approximately 50 persons with physical
and mental disabilities without care at a transit camp separated from
the rest of the camp population. The Government broadcast a regular,
prime-time program on state radio to promote awareness of the rights of
persons with disabilities.
National/Racial/Ethnic Minorities.--According to government
statistics, the Shona ethnic group makes up 82 percent of the
population, Ndebele 14 percent, whites less than 1 percent, and other
ethnic groups 3 percent. There was some tension between the white
minority and other groups, between the Shona majority and the Ndebele
minority, and among the various Shona subgroups.
The Government continued its attempts to attribute the country's
economic and political problems to the white minority and Western
countries. On some occasions, President Mugabe, members of his
government, and the Government-controlled media attempted to reignite
resentment of the white minority. Ruling party supporters seldom were
arrested or charged for infringing upon minority rights, especially
those of the white commercial farmers targeted in the land
redistribution program.
On March 9, Mugabe signed the Indigenization and Economic
Empowerment Bill into law. The bill's official purpose was to increase
participation of indigenous citizens in the economy with the ultimate
objective of at least 51 percent indigenous ownership of all
businesses. An indigenous Zimbabwean was defined as any person, or the
descendant of such person, who before April 18, 1980-the date of the
country's independence-was disadvantaged by unfair discrimination on
the grounds of his or her race. The bill was criticized as an attempt
to create patronage for ZANU-PF.
Other Societal Abuses and Discrimination.--Over a period of years,
Mugabe publicly denounced homosexuals, blaming them for Africa's ills.
Although there was no statutory law proscribing homosexual practice,
common law prevents homosexual men, and to a lesser extent, lesbians,
from fully expressing their sexual orientation and, in some cases,
criminalizes the display of affection between men. In 2006 the 2004
amended criminal code became effective, broadening the definition of
sodomy to include ``any act involving physical contact between males
that would be regarded by a reasonable person to be an indecent act.''
The Government had a national HIV/AIDS policy that prohibited
discrimination against persons living with HIV/AIDS, and the law aims
to protect against discrimination of workers in the private sector and
parastatals. Despite these provisions, societal discrimination against
persons affected by HIV/AIDS remained a problem. Although there was an
active information campaign by international and local NGOs, the
Ministry of Health, and the National AIDS Council to destigmatize HIV/
AIDS, ostracism and condemnation of those affected by HIV/AIDS
continued.
Incitement to Acts of Discrimination.--Throughout the year
government-controlled newspapers, radio, and television stations
continued to selectively vilify citizens of European ancestry and to
blame them for the country's problems.
Section 6. Worker Rights
a. The Right of Association.--While the law provides private sector
workers with the right to form or join unions without prior
authorization, and workers exercised these rights, they were not always
respected in practice. The 2005 Labor Amendment Bill eliminated
previous public sector worker rights and excluded such employees from
protection under labor laws, placing them instead under the Public
Service Act, which does not provide for the right to form and belong to
trade unions, collective bargaining, strikes, or alternative dispute
resolution mechanisms. These restrictions, however, were not enforced
in practice. Public sector employees participated in unions and
professional organizations. Some, particularly teachers and medical
professionals, mounted increasingly vocal lobbies for improved wages
and conditions during the year; however, union leaders and members were
harassed, arrested, and beaten during the year. The Government also
restricted union activity indirectly by defining all senior employees
as managers even though such employees did not enjoy benefits attached
to the title; this was not widely enforced in practice. Employees in
positions designated as managerial were excluded from general union
membership. Unions must be registered with the Ministry of Public
Service, Labor, and Social Welfare.
During the year approximately 300,000 persons belonged to the 36
unions that form the Zimbabwe Congress of Trade Unions (ZCTU);
approximately 65 percent of industries were unionized. The overall size
of the formal sector shrank, but no estimates were available at year's
end.
The Zimbabwe Federation of Trade Unions (ZFTU), a government-
created alternative labor body, continued to support splinter unions in
each economic sector; however, there was no evidence that either
employers or employees viewed the splinter unions as legitimate. In
addition to fostering confusion among workers, splinter unions forced
existing unions to spend scarce resources guarding against declining
membership. The splinter unions did not bargain collectively, handle
worker complaints, or provide worker education, and were not
particularly influential during the year.
The Government openly targeted the ZCTU, declaring it aligned with
the opposition MDC. Some pro-ZANU-PF employers declared their shops
off-limits to the ZCTU. The Government continued to use POSA to limit
the ZCTU and its affiliates' ability to meet with and consult their
constituencies, although the law does not apply to labor unions. For
example, unions were prevented from holding meetings with their
members, sometimes by the police and under threat of arrest. In
preparation for Worker's Day celebrations on May 1, ZCTU submitted
requests to hold events at 34 venues; five were denied. In some cases,
police did not provide a justification for the refusal.
On May 7, ZCTU President Lovemore Matombo and Secretary General
Wellington Chibebe were arrested and charged with communicating
falsehoods prejudicial to the state at a Worker's Day celebration. The
two were granted bail on May 19. Matombo and Chibebe appealed their
case, asserting their right to free speech; the case was referred to
the Supreme Court and was pending at year's end. Other unions were also
targeted. For example, on February 18, nine members of the Progressive
Teachers Union of Zimbabwe (PTUZ) were detained and beaten by police
officers and ZANU-PF youths after three PTUZ members were accosted by
ZANU-PF youths while distributing flyers. Initially, the nine were
taken to a ZANU-PF office where they were beaten with iron bars and
forced to recite ZANU-PF slogans; they were subsequently taken to
Harare Central Police Station. Lawyers and the Chairperson of the
Zimbabwe Association of Doctors for Human Rights (ZADHR) negotiated
their release to a hospital under police guard. All nine sustained
injuries including broken bones and serious bruising. No action was
taken against the perpetrators. On February 26, five of the assaulted
union members were arrested on charges of creating a criminal nuisance
and were subsequently released; no further action was taken.
Throughout the country, teachers had served as poll officials in
the March election. In the period between the March election and the
June run-off, PTUZ members were targeted for their perceived support
for and role in the MDC's victories on March 29. For example, on June
6, war veterans abducted a PTUZ member in Gokwe and held him captive
and beat him for nine hours. On June 7, war veterans beat up PTUZ Gokwe
coordinator Moses Mhaka and stole his identity card. On June 9, ZANU-PF
supporters and war veterans stormed and ransacked PTUZ's Gokwe office.
Similar incidents occurred in other areas.
In June the International Labor Organization's (ILO) Application of
Standards Committee, in its report on trade union rights abuses,
included cases filed by the ZCTU concerning violations of freedom of
association and protection of the right to organize for the second
consecutive year. Zimbabwe was one of two countries the committee
criticized regarding implementation of ILO Convention 87, which deals
with freedom of association. The committee called on the Government to
halt arrests, detentions, and threats, and criticized it for refusing
to appear before the committee for two consecutive years to face the
allegations. The International Trade Union Confederation also
criticized government harassment of unions during the year.
Although the Labor Relations Amendment Act (LRAA) explicitly
recognizes the right to strike, it is circumscribed with procedural
limits including 14-day advance-notice requirements, mandated 30-day
reconciliation periods, possible mandatory referral to binding
arbitration. It also requires that at least 50 percent of employees
vote for a strike, although workers protesting health and safety
standards or lack of equipment may strike without the notification and
arbitration procedure. The act prohibits essential services employees
from striking on the grounds that it ``endangers immediately the life,
personal safety, or health of the whole or any part of the public.''
The law also allows that ``any nonessential service may be declared an
essential service by the minister if a strike in a sector, service
industry, or enterprise persists to the point that the lives, personal
safety, or health of the whole or part of the population is
endangered.'' Managers were also prohibited from striking, and, in some
industries, the Government defined most employees as managers.
In practice, the Government harassed and arrested union leaders who
called for strikes and union members who attempted to participate in
strikes. Government-imposed delays prevented most employees and their
unions from declaring legal strikes, and those who participated in
strikes deemed illegal faced government intimidation and sentences of
up to five years in prison.
On September 18, three weeks into a nationwide teachers strike,
PTUZ President Takavafira Zhou was arrested and charged with
``insulting the president'' for allegedly describing an employee in the
president's office as a dog. His jailers accused him of ruining their
children's education through his role in calling the strike. The
officer responsible for the arrest told the press, ``if he interferes
with the education of our children, we will deal with him and his
group.we will not allow criminals to destroy the education system.''
The case was pending at year's end.
b. The Right to Organize and Bargain Collectively.--The LRAA
provides workers with the right to organize and permits unions to
bargain collectively over wages and conditions of employment, and
workers exercised this right in practice; however, government
harassment of union leaders and interference by ZFTU sometimes made
such negotiations difficult. Collective bargaining agreements applied
to all workers in an industry, not just union members. Public sector
employees do not have the right to collective bargaining, strike, or
alternative dispute resolution mechanisms; however, these restrictions
were not enforced in practice. For example, the Apex Council, which
represents civil servants, negotiated with the Government over
salaries. Teachers, the largest civil servant sector, engaged in labor
actions during the year.
The minister of labor retained the power to veto agreements that he
believed would harm the economy, but he did not involve himself
directly in labor negotiations unless requested to do so by one of the
parties.
Although the law prohibits antiunion discrimination, in practice
union members faced discrimination and harassment. A labor court
handled complaints of such discrimination under the mechanism for
resolving cases involving ``unfair labor practices.'' The determining
authority may direct that workers fired due to antiunion discrimination
be reinstated, although this did not happen in practice.
The Export Processing Zones Act states the LRAA does not apply to
workers in export processing zones (EPZs); however, according to the
ZCTU, employers generally applied the same wages and standards in the
EPZs as in the general economy. The ZCTU has negotiated directly with
EPZ employers to allow some unions in the EPZ, although their number
and level of activity remained low.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, with the exceptions
of working for parents or the national youth service; however, such
practices occurred. Forced labor is punishable by a fine, two years'
imprisonment, or both. Forced labor by children occurred. Child labor
occurred across a wide range of sectors; however, no detailed
information was available on the extent of forced child labor. Although
many children may not have been physically forced to engage in economic
activities, economic realities and the lack of public education forced
many to work.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Under the LRAA, child labor is punishable by a fine, two years'
imprisonment, or both; however, child labor was common. Under the LRAA,
a child between the ages of 13 and 15 can work as an apprentice or if
the work is an integral part of ``a course of training or technical or
vocational education.'' The law further states that no person under 18
shall perform any work likely to jeopardize that person's health,
safety, or morals. The status of children between 15 and 18 years of
age is not directly addressed, but 15 years of age remains the minimum
for light work, work other than apprenticeship, or work associated with
vocational education.
The Government released the 2004 Child Labor Report in March 2006.
According to the survey, approximately 46 percent of children between
the ages of five and 17 were engaged in economic activity. The
unemployment rate continued to grow, with some estimates as high as 90
percent, which decreased the number of children employed in the formal
sector. However, the incidence of children who worked in the informal
sector continued to increase as more children worked to fill the income
gap left by ill, unemployed, underemployed, or deceased relatives.
Children often lacked access to necessary safety equipment and
training. Children worked in the agricultural sector, as domestics, in
illegal gold and diamond mining, as street vendors, and as car-
watchers. In addition there were reports of an increasing number of
girls engaged in prostitution. Although the Government and NGOs
increasingly discussed the problem of child labor in the agricultural,
domestic, and informal sectors, concrete data on the number of cases
remained difficult to evaluate and confirm. An August 2007 survey by a
domestic NGO documenting child labor reported that approximately one-
third of children were working. Given the continued economic downturn
and reduction in school hours, the organization believes the percentage
of children working was higher during the year.
Most economically active children still worked in the agriculture
industry and were also involved in mining, domestic labor, and the
informal economy. Children worked in all aspects of tobacco farming,
from planting to preparation of leaves for sale; in the forestry
regions of the eastern highlands; and on tea and coffee plantations and
small farms. Children worked on cotton farms; one NGO reported that
school attendance rates declined in cotton growing areas during the
harvest. In cities, children commonly worked as street vendors and as
guards for parked automobiles. Throughout the country, children,
particularly girls, worked as domestic laborers, often for family
members. Information on the extent to which child labor occurred in the
production of commercial products was not available. At year's end
reports emerged that children as young as twelve living near the
Chiadzwa diamond mine in Manicaland were working under the guard of
security forces in diamond fields. It was unclear if this labor was
forced. There was no evidence that children were subjected to some of
the worst forms of child labor, including slavery, production of
pornographic material, or illicit activities. Children working in
agriculture, mining, and as street vendors faced threats to their
health and safety.
Some employers did not pay wages to child domestic workers,
believing they were assisting a child from a rural home by providing
housing and board. In addition some employers paid the parents for the
child's work. Relatives often used AIDS-orphaned children as domestics
without pay. There were also reports from NGOs that police rounded up
street children and took them to work on farms without pay.
The Department of Social Welfare in the Ministry of Labor is
responsible for enforcing child labor laws, but the department lacked
the human resources to carry out inspections or any other monitoring.
In 2007 the Ministry of Public Service, Labor and Social Welfare signed
a memorandum of understanding with the ILO to collaborate on a
multiphase program for the elimination of the worst forms of child
labor. The program was expected to address child labor issues and the
implementation of ILO Convention 182, including identifying the worst
forms of child labor and implementing activities pertaining to the
prevention of child labor and the protection of working children. In
July the Government and the ILO launched a nationwide survey on the
worst forms of child labor; the survey had not yet been released at
year's end.
e. Acceptable Conditions of Work.--There is no national minimum
wage except for agricultural and domestic workers. Government
regulations for each of the 22 industrial sectors continued to specify
minimum wages, hours, holidays, and required safety measures. The
minimum wage did not provide a decent standard of living for a worker
and family, and more than 85 percent of the population continued to
live below the Government's poverty line. The Ministry of Public
Service, Labor, and Social Welfare is responsible for enforcing the
minimum wage; however, monitoring systems were ineffective, and many
agricultural and domestic workers were remunerated below the minimum
wage. Minimum wages in the formal sector changed continuously as a
result of the high inflation rate. During the year, the ILO reported
that four of five jobs in the country were in the informal sector, 78
percent of which were in the agriculture. These jobs generally provided
extremely low cash income and poor working conditions and did not offer
adequate worker protections.
The maximum legal workweek is 54 hours, and the law prescribes a
minimum of one 24-hour rest period per week. No worker is allowed to
work more than 12 continuous hours; however, there was little or no
enforcement, particularly in the agricultural and domestic worker
sectors. The law prescribes that workers receive not less than twice
their standard remuneration for working on a public holiday. However,
workers were unlikely to complain to authorities about violations due
to fear of losing their jobs.
The public service commission sets conditions of employment in the
public sector. Health and safety standards were determined on an
industry-specific basis. The Government designated the Zimbabwe
Occupational Safety Council, a quasi-governmental advisory body made up
of six representatives each from the Government, employers, and trade
unions, to regulate safe work conditions; however, budgetary
constraints and staffing shortages, as well as its status as an
advisory council, made the council ineffective. The National Social
Security Authority (NSSA) continued to experience difficulty monitoring
the thousands of work sites across the country; however, it continued
to close shops and factories not in compliance. The NSSA reported in
2007 that a high turnover in staff meant that only 20 of 31 safety and
health inspector positions were filled to monitor an estimated 14,000
registered factories. In 2007 government media reported 64 workplace
fatalities and 5,568 injuries through November. By year's end the
Government had not taken action to address health risks in the
workplace. Workers have a legal right to remove themselves from
dangerous work situations without jeopardy to continued employment but
in practice risked the loss of their livelihood if they did so.
Information on the treatment of foreign and migrant workers was not
available. The Government considered many commercial farm workers
foreigners, due to foreign-born heritage.
__________
EAST ASIA AND THE PACIFIC
----------
AUSTRALIA
Australia is a constitutional democracy with a federal
parliamentary government. Its population was approximately 21.4
million. Citizens periodically choose their representatives in free and
fair multiparty elections. In federal parliamentary elections held in
November 2007, the Australian Labor Party (ALP) defeated the governing
Liberal Party and National Party coalition, and in December ALP leader
Kevin Rudd became prime minister. Civilian authorities generally
maintained effective control of the security forces.
The Government generally respected the human rights of its
citizens, and the law and judiciary provide effective means of
addressing individual instances of abuse. Problems were reported in a
few areas, including domestic violence against women and children, and
societal discrimination against Aboriginal people.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the Government
generally respected these provisions in practice. However, there were
occasional reports that police and prison officials mistreated suspects
in custody. Some indigenous groups charged that police harassment of
indigenous people was pervasive and that racial discrimination by some
police and prison custodians persisted.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted visits by independent human rights observers.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the armed forces and police, and the
Government has effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving the security
forces during the year.
Arrest and Detention.--Police officers may seek an arrest warrant
from a magistrate when a suspect cannot be located or fails to appear;
however, they also may arrest a person without a warrant if there are
reasonable grounds to believe the person committed an offense. Police
must inform arrested persons immediately of their legal rights and the
grounds for their arrest, and arrested persons must be brought before a
magistrate for a bail hearing at the next sitting of the court.
However, the law permits police to hold individuals in preventive
detention for up to 24 hours without charge if a senior police official
finds it is ``reasonably necessary to prevent a terrorist act or
preserve evidence of such an act.'' Individuals may be detained for an
additional 24 hours under an extension of the initial court order. Bail
generally is available to persons facing criminal charges unless the
person is considered to be a flight risk or is charged with an offense
carrying a penalty of 12 months' imprisonment or more. Attorneys and
families were granted prompt access to detainees. Government-provided
attorneys are available to provide legal advice to detainees who cannot
afford counsel.
The law permits a judge to authorize ``control orders'' on
individuals suspected of involvement with terrorism-related activities.
These orders may include a range of measures, such as monitoring of
suspects and house arrest, and may be in effect for up to a year
without the filing of criminal charges. If a control order is still
warranted after one year, a new order must be sought from a court. Both
the preventive detention and control order provisions expire in 2015.
The law mandates a review of these provisions in 2010.
In March the Government initiated an inquiry into the July 2007
detention of Mohamed Haneef, including an examination of ``any
deficiencies in the relevant laws'' under which he was detained.
Haneef, an Indian doctor working at a Queensland hospital on a
temporary visa, was held by police for 12 days before being charged
with recklessly providing support to a terrorist group in connection
with a failed terrorist attack in the United Kingdom. The charges were
dropped later the same month. Although the law states that the maximum
investigation period a person can be held without charge is 24 hours
(unless extended by court order), it also provides that the allowable
time for questioning a suspect can be spread across an unspecified
number of days (a concept known as ``dead time'')--a provision
criticized by human rights groups, the media, and the legal profession.
In its report, released on December 23, the inquiry body stated it
found no evidence connecting Haneef to terrorist activities. It
recommended an independent review of counterterrorism laws, changes to
investigation procedures, and better coordination between intelligence
and law enforcement agencies. In response the Government stated it
would implement most of the recommendations.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. In the
state district and county courts and the state and territorial supreme
courts, there generally are a judge and jury for serious offenses. The
judge conducts the trial, and the jury decides on the facts and the
verdict. Defendants have the right to an attorney, and government-
funded attorneys are available to low-income persons. The defendant's
attorney can question witnesses, present evidence on the defendant's
behalf, and access relevant government-held evidence. Defendants enjoy
the presumption of innocence and have the right to appeal the court's
decision or the sentence imposed. The law extends these rights to all
citizens.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. There is also an
administrative process at the state and federal levels to seek redress
for alleged wrongs by government departments. Generally, administrative
tribunals may only review a government decision if the decision is in a
category specified under a law, regulation, or other legislative
instrument as subject to a tribunal's review.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Although the constitution does not
explicitly provide for freedom of speech or of the press, the High
Court has held that a right to freedom of expression is implied in the
constitution, and the Government generally respected these rights in
practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press.
In April police raided The Sunday Times office in Perth. They
executed a search warrant for Western Australia (WA)State government
cabinet documents relating to an article reporter Paul Lampathakis
wrote in February about a A$16 million (approximately $10.2 million)
advertising bill charged to taxpayers apparently to help reelect the WA
government. In July a WA parliamentary committee asked Lampathakis to
reveal his source; he refused to comply. The then WA premier
characterized the raid as a ``complete overreaction,'' and as of year's
end, the WA parliament had taken no further action in the case.
In September the Australian Federal Police (AFP) searched the home
of Canberra Times reporter Philip Dorling, acting on warrants alleging
that he and an unnamed public servant had committed four breaches of
the Commonwealth Crimes Act by communicating confidential government
information or documents. However, as of year's end no charges had been
brought against Dorling.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Internet access was widely available and widely used by citizens.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--While the rights
of peaceful assembly and association are not codified in law, the
Government generally respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
Societal Abuses and Discrimination.--According to the 2006 census,
the country's Jewish community numbered 88,832 persons. In the 12-month
period ending September 30, an annual report on anti-Semitism in the
country written by the director of international and community affairs
of the Australia/Israel and Jewish Affairs Council, a nongovernmental
organization (NGO), recorded 652 anti-Semitic incidents. This was
approximately twice the annual average of the previous 18 years and 2
percent higher than 2007, the previous record year. These incidents
included physical assault, property damage, harassment, and offensive
written and electronic media. Among the 58 recorded incidents of
assault during the reporting period were an Orthodox man punched in the
face in Sydney in January and four Orthodox Jews assaulted in Perth in
May. The report also expressed concern about an increase in assaults
on, and harassment of, Jewish families walking to and from synagogues,
and anti-Jewish material posted on online social networking sites such
as Facebook and YouTube. On the other hand, the report's author noted
that the situation improved moderately in most other areas, including
the media, political life, and among extremist groups.
In March the police in Victoria State established an intelligence
desk focusing on attacks against the Jewish community. On August 19, a
settlement was reached in a lawsuit filed by a Jewish man against the
Victorian government and police for their response to a 2006 incident
in which members of Melbourne's Ocean Grove Football Club assaulted the
man. As part of the settlement, the Victorian deputy police
commissioner acknowledged that an off-duty policeman at the scene had
erred by not intervening at the earliest opportunity to assist the
victim.
In November approximately 400 persons held a rally in Gold Coast,
Queensland State protesting a planned Islamic school. On December 1,
approximately 200 residents demonstrated against the school. While some
protestors stated that their opposition stemmed from concerns about
parking issues, not religion, others asserted that Islamic schools led
to further segregation of Muslims from the rest of the community. The
mayor stated that the town had ``a very good mix of multicultural
society'' and that he would support the school if it met local council
planning criteria; a decision was expected in 2009.
Following the rejection in May by the local council in Camden, New
South Wales (NSW) of a 2007 proposal by the Quranic Society for a 1200-
student Islamic school, the society appealed to the Land and
Environmental Court. The town councilors stated they had based their
decision solely on planning grounds, citing a report on the school's
environmental impact. The court ordered the society to provide an
amended plan to the council; in response the society indicated it would
reduce the size of its proposal in a bid to obtain council approval.
However, in October the council rejected a new application from the
society, which indicated it would pursue the matter further in court.
The Government promoted acceptance of diversity through a number of
programs, including public awareness programs conducted by the Human
Rights and Equal Opportunity Commission (HREOC). The new government
continued the A$3.3 million (approximately $2.1 million) National
Action Plan for Social Cohesion, Harmony and Security, designed to help
Muslim communities connect with the wider society, and the Living in
Harmony program, which funded community projects to promote tolerance
and combat racism. In December the Government announced the appointment
of a 16-member Australian Multicultural Advisory Council to ``bring new
cultural diversity perspectives to the Australian Government.''
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law does not address forced exile, but the Government did not
use it in practice.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The Government granted refugee status and asylum and
facilitated local integration. 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 funded refugee resettlement services such as
language and employment programs.
In February the Government transferred all remaining detainees at
the country's offshore refugee processing center in Nauru to Australia
for resettlement, and in March closed the center. In May the Government
abolished Temporary Protection Visas (TPVs). Under the TPV scheme,
unauthorized arrivals, in the first instance, could not be granted
permanent visas.
On July 29, the Government announced major changes to the mandatory
detention policy for unauthorized arrivals. Under the new policy,
following health, identity, and security checks, unauthorized arrivals
are detained while their applications are being processed only if it is
determined that they pose a threat to the community. Previously, with
the exception of families with children, individuals could only be
released pending full adjudication of their asylum claim if they met
certain criteria, such as old age, ill health, or experience of torture
or other trauma.
The Department of Immigration and Citizenship (DIAC) provided
immigration advice and assistance to persons making an initial asylum
claim or application for lawful residence. DIAC also has a statutory
obligation to facilitate access to legal representation for persons in
immigration detention.
As of September 12, there were 274 persons in immigration
detention, the lowest level since 1994. The majority of detainees had
breached their visa conditions. Although delays in processing asylum
applications were not a significant problem during the year, a small
number of asylum seekers had remained in long-term detention despite
having exhausted the appeal process. They could not be returned to
their home country because they lacked travel documents or could not
obtain necessary transit visas. The commonwealth ombudsman reviews all
cases of persons in detention two years or more. In September the
ombudsman reported that of the 19 persons in immigration detention
longer than two years, only one remained and was awaiting removal from
the country. The other 18 either were removed, granted a visa, or
departed voluntarily.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage and
mandatory voting.
Elections and Political Participation.--In federal elections held
in November 2007, the ALP won a majority of seats in the lower house of
Parliament, and in December ALP leader Kevin Rudd became prime
minister. Political parties could operate without restriction or
outside interference.
There are no legal impediments to public office for women and
indigenous people. There were 67 women in the 226-seat federal
Parliament (40 in the House of Representatives and 27 in the Senate).
There were four female ministers in the 20-member federal cabinet,
three women among the 10 ministers outside the cabinet, and three women
among the 12 parliamentary secretaries. There was one woman among the
eight premiers and chief ministers of the six states and two
territories. The deputy prime minister was a woman, and there were two
female judges on the High Court. On September 5, a woman was sworn in
as governor-general, the first woman to hold that post.
Aboriginals generally were underrepresented among the political
leadership. There were no Aboriginals in the federal Parliament. There
was one Aboriginal in the Tasmania State parliament, one in the NSW
State parliament, two in the WA State parliament, and five in the
Northern Territory (NT) legislative assembly. In November 2007 an
Aboriginal woman became the highest ranking indigenous member of
government in the country's history when she was appointed NT deputy
chief minister, a position she retained. There was one Asian-Australian
in the federal cabinet.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. There were isolated reports of
government corruption.
Queensland, WA, and NSW have independent anticorruption bodies that
can investigate alleged government corruption, and every jurisdiction
has an ombudsman who can investigate and make recommendations in
response to complaints about government decisions. Public officials are
subject to financial disclosure laws.
On March 3, the NSW Independent Commission against Corruption
(ICAC) recommended that the Wollongong local council be dismissed
because of ``systemic corruption'' related to its handling of
development applications. The next day the NSW government dismissed the
council. In May ICAC announced a finding of ``serious corrupt
contempt'' against a planner on that council. In WA the Corruption and
Crime Commission charged public servants and politicians with
misconduct and corruption in relation to their dealings with a
lobbyist; there were nine convictions in that case.
Federal, state, and territorial governments have freedom of
information (FOI) laws that provide the public with access to
government information, generally subject to both an application and a
processing fee. Government information may be exempted from disclosure
to protect essential public interests or the private or business
affairs of others. An applicant, including foreign media, may appeal a
government decision to deny a request for information to the quasi-
legal Administrative Appeals Tribunal (AAT), an executive body that
reviews administrative decisions by government entities. An adverse AAT
decision may be appealed to the Federal Court of Australia.
The Australian Press Association and others have criticized the FOI
application process as unduly lengthy and costly, particularly with
regard to requests for nonpersonal information. On August 5, the
Government asked the Australian Law Reform Commission (ALRC) to review
secrecy laws and issue a report by October 31, 2009. On August 11, the
ALRC released a report recommending changes to the privacy laws,
including simplification of the laws; removal of exemptions for
political parties and small businesses; and stronger penalties for
violations. Parliament did not enact any of the recommended changes by
year's end.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
Federal laws prohibit discrimination based on sex, disability,
race, color, descent or national or ethnic origin, marital status, or
age. An independent judiciary and a network of federal, state, and
territorial equal opportunity offices effectively enforced the law.
HREOC investigates complaints of discrimination or breaches of human
rights under the federal laws that implement the country's human rights
treaty obligations.
Women.--The law criminalizes rape, including spousal rape, and the
Government enforced the law effectively when cases were reported to the
authorities. Penalties for rape are prescribed in the laws of the
individual states and territories.
On June 13, the Court of Appeals upheld the Queensland State
attorney general's appeal of the sentences imposed by a lower court on
nine defendants who pleaded guilty in the 2006 gang rape of a
developmentally disabled 10-year-old indigenous girl in her community
of Aurukun in the Cape York area. None of the nine defendants
originally received prison sentences. As a result of the appeal of the
original sentences, the Court of Appeals sentenced five of the nine
defendants to prison terms.
The law prohibits violence against women, including domestic abuse,
and the Government enforced the law. Nonetheless, violence against
women remained a problem, particularly in Aboriginal communities.
According to the Australian Bureau of Statistics (ABS),
approximately one in three Australian women experienced physical
violence during their lives, and almost one in five experienced sexual
violence. Aboriginal women were 40 times more likely to be victims of
family violence compared with other women. Domestic violence was
believed to be widely underreported in indigenous communities; among
reasons cited for this were cultural factors and the isolation of many
indigenous communities. The federal and state governments funded
programs to combat domestic violence and support victims, including
funding of numerous women's shelters.
Prostitution is legal or decriminalized in several states and
territories, and the Governments of Victoria, Queensland, NSW, and the
Australian Capital Territory (ACT) license brothels operating within
their borders. However, some brothels operated illegally. In some
locations state-funded sexual health services employees visited
brothels to educate workers about sexual health matters and to prevent
worker mistreatment. Local governments or prostitution licensing
authorities inspected brothels to ensure compliance with planning laws
and licensing requirements, including health and safety regulations.
However, government officials faced difficulties enforcing health and
safety standards in illegal brothels. Trafficking in persons, primarily
women from Asia, for prostitution was a limited problem.
The Sex Discrimination Act prohibits sexual harassment.
Circumstances that give rise to complaints of such harassment can also
give rise to criminal proceedings or disciplinary action against the
subject of the complaint and to compensation claims by the complainant.
On December 12, a Senate inquiry into the act reported its findings.
Its recommendations included amending the act to include breast feeding
as a specific ground of discrimination and to specifically protect
workers from sexual harassment by customers. It also recommended that
HREOC conduct a public inquiry to examine the merits of replacing the
various existing federal antidiscrimination acts with a single Equality
Act.
The independent federal sex discrimination commissioner, who is
part of HREOC, undertakes research, policy, and educational work
designed to eliminate discrimination between men and women. There also
is a federal Office for Women.
HREOC received 857 complaints under the Sex Discrimination Act from
July 2007 through June 2008. Of these, 22 percent alleged
discrimination based on pregnancy, and 18 percent alleged sexual
harassment. The commission resolved 421 of the complaints, 209 by
conciliation.
Women have equal status under the law, and the law provides for pay
equity. The law requires organizations with 100 or more employees to
establish a workplace program to remove the barriers to women entering
and advancing in their organization.
There were highly organized and effective private and public
women's rights organizations at the federal, state, and local levels.
Children.--The Government demonstrated its strong commitment to
children's rights and welfare through its publicly funded education and
health care systems.
State and territorial child protection agencies investigate and
institute prosecutions of persons for child neglect or abuse. All
states and territories have laws or guidelines that require members of
certain designated professions to report suspected child abuse or
neglect. The federal government's role in child abuse prevention is
limited to funding research and education campaigns, developing an
action plan against the commercial exploitation of children, and
funding community-based parenting programs.
According to the Australian Institute of Health and Welfare, there
were 58,563 substantiated cases of child abuse and neglect from July
2006 to June 2007, the latest period for which national statistics were
available. These included physical abuse, sexual abuse, emotional
abuse, and neglect. In July, following revelations of child neglect in
South Australia (SA), Queensland, and the ACT, the federal government
and states agreed to establish a national child protection framework.
The Government has enacted tough criminal laws aimed at restricting
the trade in, and possession of, child pornography; the law allows
suspected pedophiles to be tried in the country regardless of where the
crime was committed. The Child Sex Tourism Act prohibits child sex
tourism and related offenses for the country's residents and citizens
overseas and provides for a maximum sentence of 17 years' imprisonment
upon conviction. From 2006-07, the AFP conducted 57 investigations and
assessments under the act, securing 28 prosecutions and 18 convictions.
During the year the Government continued its awareness campaign to
deter child sex tourism through the distribution of materials to
citizens and residents traveling overseas. Child protection NGOs raised
community awareness of child trafficking. There were no reports of
children trafficked into the country during the year.
The new Government largely continued federal emergency intervention
measures initiated by its predecessor to combat child sexual abuse in
73 NT Aboriginal communities. The measures were taken following a June
2007 government report of widespread such abuse. These measures
included emergency bans on alcohol and pornography sales, restrictions
on the payment of welfare benefits in cash, linkage of support payments
to school attendance, and medical examinations for all NT indigenous
children under age 16. However, the Government dropped its
predecessor's plan to abolish the permit system used to enter
indigenous communities. In June the minister for indigenous affairs
stated that there were ``some positive signs coming out of some of the
measures,'' including higher school attendance and increased food
purchases. In October a board appointed by the Government to review the
intervention released its report. It recommended making the
intervention compliant with the Racial Discrimination Act; the
Government agreed. It also recommended that compulsory income
management only be applied to parents that neglected their children;
however, the Government did not accept this recommendation. While
public reaction to the intervention remained generally positive, some
lawyers and Aboriginal activists expressed concern that there was
inadequate consultation and that the measures were racially
discriminatory.
In May an SA state government inquiry reported widespread sexual
abuse of children in Aboriginal communities in the state's northwest.
The SA aboriginal affairs minister stated that overcrowded housing was
``centrally related'' to the problem of abuse, and the federal
government offered additional funding for housing.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons, but the country continued to be a destination for some
trafficked women in the sex industry and trafficked laborers.
Some women, primarily from the People's Republic of China (PRC),
the Republic of Korea, and Southeast Asia, entered the country for the
purpose of prostitution, sometimes entering with fraudulently obtained
tourist or student visas. Many of these women traveled to the country
voluntarily to work in both legal and illegal brothels but under
conditions that amounted to debt bondage or sexual servitude. There
were several reports of men and women from India, the PRC, and South
Korea migrating to Australia temporarily for work whose labor
conditions amounted to slavery, debt bondage, and involuntary
servitude.
Authorities believed that sex trafficking networks were composed
primarily of individual operators or small crime groups that often
relied on larger organized crime groups to procure fraudulent
documentation for the trafficked women.
The law comprehensively criminalizes ``people trafficking''
offenses, including sexual servitude, slavery, deceptive recruitment,
debt bondage, child trafficking, and domestic trafficking. These
offenses carry penalties of up to 25 years' imprisonment for slavery,
debt bondage, child trafficking, and domestic trafficking; 15 years for
sexual servitude; and seven years for deceptive recruitment. It is an
offense for citizens or residents to travel abroad to engage in sex
with minors under age 16.
In March the AFP and DIAC arrested five persons in Sydney on
several charges, including running a business that included sexual
slavery. Ten women were freed during the police raids. On December 2,
however, the public prosecutor's office ruled that there was
insufficient evidence to prosecute those arrested.
On December 22, a Gold Coast man was sentenced to five years'
imprisonment for crimes related to the sexual slavery of two Thai
women. He was found guilty of trafficking under the sexual slavery
laws.
On August 28, the High Court upheld the 2006 conviction of
Melbourne brothel owner Wei Tang on charges of slavery for holding
several Thai women in slave-like conditions. The court set a precedent
in ruling that the law does not require the prosecutor to prove that
the defendant knew or believed the victims to be slaves; if it is
established that a victim was held in slave-like conditions, the
perpetrator is guilty of slavery under the law.
The Government had a wide range of programs to combat trafficking,
prosecute traffickers, and assist trafficking victims. The AFP and DIAC
have lead roles in combating trafficking in persons. The AFP's
Transnational Sexual Exploitation and Trafficking Teams are responsible
for investigating trafficking syndicates operating in the country and
abroad. State police forces worked closely with the AFP on a
comprehensive policing strategy to counter trafficking in persons. From
April 2007 through March 2008, the AFP investigated 27 cases, of which
approximately 80 percent were related to sex trafficking.
An ambassador for people-smuggling issues is responsible for
promoting a coherent and effective international approach to combating
trafficking in persons (particularly in the Asia-Pacific region),
assisting in the negotiation of international agreements for the return
and resettlement of persons brought illegally into the country, and
working for the prosecution of traffickers. The ambassador coordinates
the country's participation with Indonesia in the Bali Process on
People Smuggling, Trafficking in Persons, and Related Transnational
Crime. The Government has antitrafficking agreements with Cambodia,
Burma, Laos, and Thailand designed to improve international cooperation
and police investigation of trafficking syndicates. The Government also
funded awareness campaigns in source countries and continued funding
the Asia Regional Cooperation to Prevent People Trafficking project.
Underway in four countries--Thailand, Laos, Burma, and Cambodia--the
project focused on strengthening the criminal justice process to combat
trafficking in persons.
Within the country the Government continued an awareness campaign
targeting the sex industry and the community at large and widely
publicized criminal cases against traffickers. Trafficking victims
willing to cooperate with authorities in the investigation and
prosecution of traffickers qualify for a temporary visa and a range of
social services. Counseling, temporary shelter, and other assistance
were available to all trafficking victims.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons with Disabilities.--The law prohibits discrimination
against persons with disabilities in employment; education; access to
premises; provision of goods, services (including health services), and
facilities; accommodation; purchase of land; activities of clubs and
associations; sport; and the administration of federal laws and
programs. The Government effectively enforced the law.
The disability discrimination commissioner, who is part of HREOC,
promotes compliance with federal laws that prohibit discrimination
against persons with disabilities. The commissioner also promotes
implementation and enforcement of state laws that require equal access
and otherwise protect the rights of persons with disabilities. The law
also provides for mediation by HREOC of discrimination complaints,
authorizes fines against violators, and awards damages to victims of
discrimination.
HREOC's July 2007 to June 2008 annual report stated that 988
complaints were filed under the Disability Discrimination Act during
that period. Of these, 46 percent were employment related, and 29
percent involved the provision of goods and services. HREOC finalized
815 complaints, 385 complaints through conciliation.
The Government provided A$26 million (approximately $21 million) to
the Australian Paralympic Committee to support athletes at the 2008
Paralympic Games.
National/Racial/Ethnic Minorities.--According to HREOC's July 2007
to June 2008 annual report, it received 376 complaints under the Racial
Discrimination Act, citing 669 alleged grounds of discrimination. Of
these, 50 percent involved employment, 13 percent involved provision of
goods and services, and 11 percent alleged ``racial hatred.'' Persons
born outside the country filed 41 percent of the complaints, and
Aboriginals and Torres Strait Islanders filed 46 percent.
Indigenous People.--According to the June 2006 census, Aboriginals
and Torres Strait Islanders numbered approximately 517,200 persons,
approximately 2.5 percent of the total population. The new government
continued the previous government's emphasis on ``practical
reconciliation'' aimed at raising the health, education, and living
standards of indigenous people while promoting individual
responsibility and an end to passive welfare. On February 13,
Parliament made a significant symbolic gesture by passing a government
motion apologizing for past mistreatment of indigenous citizens. This
included an apology to those affected by the forcible removal of
children from their families between 1910 and 1970--the ``stolen
generations.''
A wide variety of continuing government initiatives and programs
sought to improve all aspects of Aboriginal and Torres Strait Islander
life. The Government budgeted A$3.5 billion (approximately $2.24
billion) for indigenous-specific services in 2007-08 and A$4.3 billion
($2.75 billion) in 2008-09.
An Australian Institute of Health and Welfare report published in
April noted improvements in educational attainment, employment, income,
and home ownership among indigenous people in recent years. The
institute found, however, that the health status of indigenous people
remained poor compared to the rest of the population. Life expectancy
for indigenous citizens was 59 for males and 65 for females, compared
with 77 and 82 respectively for the nonindigenous. Indigenous persons
were twice as likely to be hospitalized as other citizens. According to
the ABS, 24 percent of prisoners were indigenous, a rate 13 times
higher than for the nonindigenous.
The National Drug Research Institute reported that Aboriginals were
more than twice as likely as their nonindigenous counterparts to die
from alcohol abuse. Researchers cited high rates of poverty and
unemployment, low educational levels, and lack of adequate access to
health services among Aboriginals as contributing causes, particularly
in isolated communities.
In October the federal government agreed to make resources
available for job training for Aboriginals under an ``Australian
employment covenant'' signed by business and Aboriginal leaders with a
goal of creating 50,000 jobs for indigenous citizens.
The National Native Title Tribunal resolves native land title
applications through mediation and acts as an arbitrator in cases where
the parties cannot reach agreement about proposed mining or other
development of land. In 2002 the High Court ruled that native title
rights do not extend to mineral or petroleum resources and that, in
cases where leasehold rights and native title rights are in conflict,
leaseholder rights prevail but do not extinguish native title rights.
In May the Government announced it would review the native title
process with a view to reducing its complexity and ensuring that
royalties indigenous communities received from the mining industry were
used beneficially. A discussion paper on the subject was released in
December.
On April 24, the full bench of the Federal Court overturned a 2006
decision by a federal court judge recognizing native title of the
Nyoongar Aboriginal group over a large portion of southwestern WA,
including the state capital of Perth. The state and federal governments
had appealed the original decision. In its April ruling, the court
cited serious errors in the original decision's application of High
Court rules for establishing proof of native titles and referred the
case back to a federal court judge for another hearing. There was no
further action on the case by year's end.
The A$1.4 billion (approximately $896 million) indigenous land fund
is a special account that provides an ongoing source of funds for
indigenous people to purchase land for their use. It is separate from
the Native Title Tribunal and is not for payment of compensation to
indigenous people for loss of land or to titleholders for return of
land to indigenous people.
Aboriginal NGOs included groups working on native title issues,
reconciliation, deaths in custody, and Aboriginal rights in general.
International NGOs, such as Amnesty International, also monitored and
reported on indigenous issues and rights. HREOC has an Aboriginal and
Torres Strait Islander social justice commissioner.
In December, the Government appointed a committee to develop a
model for a national indigenous representative body.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination against homosexuals. In June 2007
HREOC presented a report to Parliament noting 58 federal laws that
denied same-sex couples and their children basic financial and work-
related entitlements available to heterosexual couples and their
children. In November, Parliament passed government bills to amend 68
federal laws as a means of eliminating such discrimination.
On December 19, the minister for defense, science, and personnel
announced that as of January 1, 2009, same-sex partners of Defence
Ministry personnel would no longer be denied payment of death benefits
from military pension funds.
Federal and various state laws prohibit discrimination on the
grounds of HIV-positive status. HREOC reviews complaints of
discrimination on the grounds of HIV/AIDS status under the category of
disability-related complaints, but a specific breakdown of HIV/AIDS-
related cases was not available.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers, including
public servants, the right of association domestically and
internationally and protection against antiunion discrimination, and
workers exercised these rights in practice. An ABS survey released in
April indicated that as of August 2007,union membership had decreased
over the previous 12 months from 20.3 to 19 percent of the total
workforce, and to only 13.7 percent of the private-sector workforce.
Unions generally carried out their functions free from government or
political control.
Under the law workers are free to join or decline to join
industrial associations, and discrimination against individuals for
membership or nonmembership in a union is prohibited.
The law provides for the right to strike, but confines strikes to
the period when unions are negotiating a new enterprise agreement and
specifies that strikes must concern matters under negotiation. This is
known as ``protected action.'' Protected action provides employers,
employees, and unions with legal immunity from claims of losses
incurred by industrial action. The law subjects strikers to heavy fines
for taking industrial action during the life of an agreement and
contains secondary-boycott provisions. Industrial action must be
authorized by a secret ballot of employees; unions complained that this
requirement was unduly time consuming and expensive to implement. The
law permits the Government to stop strikes if they are judged to have
an ``adverse effect'' on the employer or damage third parties, but this
provision was not used during the year.
According to the ABS, during the 12-month period ending June 30,
there were 166 industrial disputes, 22 more than the previous year;
during the same period, total workdays lost due to strikes rose from
88,400 to 164,900.
b. The Right to Organize and Bargain Collectively.--Federal, state,
and territorial laws provide workers with the right to organize and
bargain collectively, and workers exercised this right in practice.
Under the 1996 Workplace Relations Act, negotiation of contracts
covering wages and working conditions shifted further from a
centralized awards system to enterprise-level agreements certified by
the Australian Industrial Relations Commission (AIRC). The WRA also
provided for the negotiation of Australian Workplace Agreements (AWAs)
between employers and individual workers, which were subject to fewer
government regulations than awards or enterprise bargaining agreements;
however, AWAs had to meet a ``no disadvantage'' test: a worker could
not be made worse off compared to the relevant award. Amendments to the
law in 2005 (known as ``WorkChoices'') removed the ``no disadvantage''
test and provided only for five minimum standards of employment: a
minimum wage, annual leave, sick leave, unpaid parental leave, and
maximum working hours. All other workplace conditions were negotiable.
In response to widespread opposition to the WorkChoices law from
both unions and the general public, in March Parliament passed the
Government's ``Transition to Forward with Fairness'' bill, which came
into effect on March 28. The new law abolished the signing of new AWAs
and established a new ``no disadvantage'' test for future workplace
agreements designed to ensure that they contain basic worker
protections. The law allows existing AWAs to continue until their
expiration and enables businesses that had staff on AWAs before
December 1, 2007, to continue to sign individual contracts, known as
Individual Transitional Employment Agreements (ITEAs), provided these
pass the ``no disadvantage'' test. To do so, an ITEA must not
disadvantage an employee as compared to an applicable collective
agreement, or to an industry-standard award if there is no collective
agreement. ITEAs can only run until December 31, 2009. In addition the
new law authorized AIRC to modernize industrial awards (standard
agreements for particular industries that have been created and refined
by decisions of AIRC) as part of a broader overhaul of the labor laws
planned by the Government for 2009.
Certain issues are excluded by law from inclusion in workplace
agreements. Such ``prohibited content'' includes, for example,
mandatory union involvement in dispute settlement and remedies for
unfair dismissal. The law permits unions to enter certain workplaces to
investigate a suspected breach of the WRA or hold discussions with
employees. However, unions may only enter a workplace to investigate a
breach of an award or collective agreement if a union member is
carrying out work at the premises and the suspected breach affects a
union member.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law explicitly
prohibits forced or compulsory labor, including by children; however,
trafficking in persons was a limited problem.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There is no federally mandated minimum age of employment, but state-
imposed compulsory educational requirements, enforced by state
educational authorities, effectively prevented most children from
joining the work force full time until they were 15 or 16 years of age.
Federal and state governments monitored and enforced a network of laws,
which varied from state to state, governing the minimum school-leaving
age, the minimum age to claim unemployment benefits, and the minimum
age to engage in specified occupations. The Australian Confederation of
Trade Unions also monitored adherence to these laws. Workers under age
18 require parental or guardian consent to sign an ITEA.
e. Acceptable Conditions of Work.--Although a formal minimum wage
exists, most workers received higher wages through enterprise
agreements or individual contracts. There are above-minimum wage
classifications for individual trades and professions. In October the
Australian Fair Pay Commission, which determines minimum wage
increases, raised the federal minimum award wage to A$543.78
(approximately $348) per week from A$522.86 ($335) per week, an
increase of 4.14 percent.
The Workplace Ombudsman provides employers and employees advice
about their rights and has authority to investigate employers alleged
to have unlawfully exploited employees.
Over the past two decades, there has been a substantial increase in
the percentage of the workforce regarded as temporary workers. The ABS
reported that, as of December, approximately three million persons (28
percent of the workforce) were employed as ``part-time'' workers, of
whom 72 percent were women. Such employees were not entitled to certain
employment benefits such as sick leave or annual leave but were paid at
a higher hourly wage rate.
Federal or state occupational health and safety laws apply to every
workplace. The law provides federal employees with the right to cease
work without endangering their future employment if they believe that
particular work activities pose an immediate threat to individual
health or safety. Most states and territories have laws that grant
similar rights to their employees. Employees have recourse to state
health and safety commissions, which investigate complaints and order
remedial action.
Labor law protects citizens, permanent residents, and migrant
workers alike. Migrant worker visas require that employers respect
these protections and provide bonds to cover health insurance, worker
compensation insurance, unemployment insurance, and other benefits.
However, there were complaints that some individuals entering the
country to work temporarily on so-called ``457'' skilled-worker visas
were being underpaid or charged excessive rents by their employers.
There also were complaints that some employers used foreign workers as
a less expensive substitute for Australian workers. In response to the
criticism and the report of a parliamentary committee on the issue, the
Government proposed, and in December Parliament passed, legislation
that expands DIAC's authority to monitor and investigate possible
noncompliance by employer-sponsors, introduces penalties for employers
in violation of their obligations, provides for improved government
information sharing, and defines sponsorship obligations for employers
and other sponsors. On August 1, minimum salary levels for temporary
overseas workers were increased by 3.8 percent. There were no reports
of worker rights abuses in the country's three inhabited dependent
territories of Christmas Island, Cocos (Keeling) Island, and Norfolk
Island.
__________
BRUNEI DARUSSALAM
Brunei Darussalam is a sultanate ruled by the same family for more
than 600 years, and it has a population of approximately 391,000.
Sultan Haji Hassanal Bolkiah governed under emergency powers that place
few limits on his power. The Legislative Council, made up of appointed,
indirectly elected, and ex-officio members, with a limited role in
recommending and approving legislation, met during the year. The sultan
maintained control over the security forces.
The following human rights problems were reported: inability of
citizens to change their government; arbitrary detention; limits on
freedom of speech, press, assembly, and association; restrictions on
religious freedom; discrimination against women; restricted labor
rights; and exploitation of foreign workers.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits mistreatment of prisoners, and there
were no reports of such mistreatment. Caning is mandatory for 42
criminal offenses, and it was included in 80 percent of criminal
sentences. In 2007 (2008 statistics were not provided by the
Government), 68 persons were sentenced to caning for immigration
violations. Canings were carried out in the presence of a doctor, who
had the authority to interrupt the punishment for medical reasons.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards.
In previous years conditions in police station detention cells were
considered Spartan. During the year lack of access prevented
verification of conditions. In the past there were credible reports
that Internal Security Act (ISA) detainees had been held in isolation,
were denied access to sunlight or fresh air, and were denied facilities
suited to performing Islamic religious obligations. Independent sources
asserted that conditions improved at the ISA facility in response to
complaints by detainees.
During the year there were no reports that human rights monitors
requested prison visits; foreign diplomats had consular access to
detained nationals. Family members were permitted to visit prisoners
and bring food.
d. Arbitrary Arrest or Detention.--The law provides for prompt
judicial determination regarding the validity of an arrest, but in
practice these provisions were superseded through invocation of
emergency powers.
Role of the Police and Security Apparatus.--The police force and
Internal Security Department (ISD) are under the direct control of the
Prime Minister's Office. The police and the ISD were considered free of
major corrupt practices, although there were reports of petty
corruption. There were 67 arrests involving police and military
personnel for criminal acts. There were no reports of prosecution or
conviction of police or military personnel for corruption.
Arrest and Detention.--A magistrate must endorse a warrant for
arrest, except when police are unable to obtain an endorsement in time
to prevent the flight of a suspect. Police officers have broad powers
to make arrests without warrants of persons caught in the act of
committing a crime. After arrest police may detain a suspect up to 48
hours before bringing the individual before a magistrate.
The ISA permits the Government to detain suspects without trial for
renewable two-year periods. ISA detainees are denied the right to legal
counsel and are not presumed to be innocent. According to reports,
detainees were promptly informed of the charges against them.
Information on detainees is made public only after their release.
The Government regularly convened an independent advisory board
consisting of executive and judicial branch officials to review
individual ISA detentions and recommend whether they should be renewed
for an additional two years.
On September 1, the Government released 58-year-old Haji Sarbini
bin Haji Junit, held under the ISA for involvement in a counterfeit
ring. Of the 16 members of the ring, Sarbini was the fifteenth to be
released. The advisory board renewed the detention of the lone
remaining detainee allegedly involved in the ring. On July 14, the
Government released three persons detained under the ISA for leaking
government secrets and classified information: 47-year-old Haisan
Mohamed Amin, 35-year-old Saiful Bahrin Metali, and 31-year-old Mahidi
Ahmad. According to official information, one person was being held
under the ISA at year's end.
The criminal procedure code allows for bail except in cases
indicated as ``discretionary'' by law. Detainees generally had prompt
access to lawyers and family visitations; however, police may deny
access in exceptional cases, such as probable cause to suspect witness
tampering. There is no legal provision to provide affordable legal
counsel for poor defendants, except in capital cases. In noncapital
cases, indigent defendants may act as their own lawyers in court.
e. Denial of Fair Public Trial.--The law does not provide
specifically for an independent judiciary, but the courts appeared to
act independently, and there were no known instances of government
interference with the judiciary. All higher court judges are appointed
by and serve at the pleasure of the sultan.
The judicial system consists of five levels of courts, with final
recourse for civil cases available through the Privy Council in the
United Kingdom.
A court run by the military legal unit provides military personnel
with the same rights as in civilian criminal court.
Trial Procedures.--Secular law, based on English common law,
provides all citizens with a fair and efficient judicial process.
Procedural safeguards include the right to defense counsel, an
interpreter, and a speedy trial, as well as the right to confront
accusers and to avoid self-incrimination. Lawyers have access to the
accused once charges are filed through the trial process, but not
during initial questioning. Defendants in criminal proceedings are
presumed innocent. Most criminal cases are conducted in public trials
by a judge or panel of judges. ISA detainees were denied the right to
legal counsel and were not presumed to be innocent.
Shari'a (Islamic law) supersedes secular law for Muslims in cases
of divorce, inheritance, and some sexual crimes. Shari'a is not applied
to non--Muslims.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees; however, information was very
difficult to obtain.
Civil Judicial Procedures and Remedies.--There is no specific
provision of law to bring civil suit for human rights violations. In
customary practice individuals may present written complaints about
rights violations to the sultan directly for review. Such complaints
were typically handled privately, and there were no reports of civil
remedies handled in this manner during the year. Individual government
servants who act outside their authority resulting in a civil wrong may
be subject to fines or prosecution. Civil courts are generally
unbiased.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law permits government intrusion into the privacy
of individual persons, families, and homes. Shari'a permits enforcement
of khalwat, an Islamic prohibition on the close proximity of a Muslim
and a member of the opposite sex other than a spouse or close male
relative. There continued to be numerous reports that religious
enforcement officers entered homes, buildings, and vehicles to detain
suspects. According to religious authorities, there were 163 khalwat
cases during the year, 44 of which involved noncitizens.
The Government monitored citizens' private e-mail, cell phone
messaging, and Internet chatroom exchanges believed to be subversive.
An informant system was used as part of the Government's internal
security apparatus to monitor suspected dissidents.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Under the emergency powers, the
Government significantly restricted freedom of speech and of the press.
Members of the legislative council are allowed to ``speak their
opinions freely,'' but they are prohibited from using language or
exhibiting behavior deemed ``irresponsible, derogatory, scandalous, or
injurious,'' and may be disqualified for service on the basis of
various offenses, including disloyalty to the sultan.
Under the Sedition Act, it is an offense to challenge in any way
the authority of the sultan or members of the royal family. The act
also makes it an offense to challenge ``the standing or prominence of
the national philosophy, the Malay Muslim Monarchy concept.'' This
ideology permeates the country's life and government administration,
promoting Islam as the state religion monarchical rule as the sole
acceptable governing system, and upholding the rights and privileges of
the Brunei Malay race.
The act provides for prosecution of newspaper publishers,
proprietors, or editors who publish anything allegedly having a
seditious intent. Publication may be suspended for up to one year, and
publishers, printers, or editors can be prohibited from publishing,
writing, or editing any other newspaper. Printing equipment can also be
seized. Persons convicted under the act face fines of up to B$5,000
(approximately $3,500) and jail terms of up to three years.
The law requires local newspapers to obtain operating licenses and
prior government approval of foreign editorial staff, journalists, and
printers. The law also gives the Government the right to bar
distribution of foreign publications and requires distributors of
foreign publications to obtain a government permit. The law allows the
Government to close a newspaper without giving prior notice or showing
cause. Journalists deemed to have published or written ``false and
malicious'' reports may be subjected to fines or prison sentences.
The country's daily newspapers, the Borneo Bulletin and the Brunei
Times, practiced self-censorship. However, letters to the editor often
included comments critical of government handling of certain social,
economic, and environmental issues. On occasion the Government
responded to public opinion on topics concerning social or
environmental problems and the delay of public services.
Foreign newspapers were routinely available, although the
Government must approve their distribution. Internet versions of
foreign media were routinely available.
The Government owned the only television station. Three Malaysian
television stations were also available, along with two satellite
television services. Some content was subject to censorship based on
theme, but such censorship was not consistent.
Internet Freedom.--According to official statistics, more than
19,000 households had Internet access and over 199,500 persons (more
than half of the population) were Internet users. The Government
monitored private e-mail and Internet chatroom exchanges of citizens
believed to be subversive. There was anecdotal information that fear of
government surveillance reduced the number of visitors to Internet
forums. The primary Internet service provider was state owned.
In 2006 the authorities advised Internet service and content
providers to monitor for content contrary to public interest, national
harmony, and social morals. There were no reports of any government
action to enforce this advisory.
Academic Freedom and Cultural Events.--The Government generally
respected academic freedom; however, some researchers chose to publish
under a pseudonym from overseas when they perceived that subject matter
would not be well received.
A Censorship Board made up of officials from the Ministries of Home
Affairs, Religious Affairs, and the Prime Minister's Office determines
the suitability of concerts, movies, cultural shows, and other public
performances. Religious authorities also review publications to ensure
compliance with social norms.
b. Freedom of Peaceful Assembly and Association.-- Freedom of
Assembly.--Under the emergency powers, the Government significantly
restricted the right to assemble. According to the Societies Order,
public gatherings of 10 or more persons require a government permit,
and police have the authority to stop an unofficial assembly of five or
more persons deemed likely to cause a disturbance of the peace.
Freedom of Association.--The law requires formal groups, including
religious, social, or cultural to register with the Registrar of
Societies and provide regular reports on membership and finances. The
Government continued to restrict the activities of international
service organizations such as Rotary, Kiwanis, and the Lions, which
developed out of the established business community. Religious
regulations promulgated by the Ministry of Religious Affairs and the
State Mufti's Office prohibited Muslims from joining these
organizations.
A Brunei political party maintained that government restrictions
have limited the party's growth.
c. Freedom of Religion.--The law states that ``the religion of
Brunei Darussalam shall be the Muslim religion according to the Shafi'i
sect of that religion: Provided that all other religions may be
practiced in peace and harmony by the person professing them in any
part of Brunei Darussalam.'' However, in practice the Government
restricted non--Islamic religions and non--Shafi'i Islamic groups,
reinforcing the legitimacy of the observance of traditional and Islamic
values through its national Malay Muslim Monarchy ideology. All mosques
are government controlled and the Ministry of Religious Affairs
prepared the weekly Friday sermons delivered in mosques countrywide.
The Government used its internal security apparatus against persons
it considered to be purveyors of radical Islam, non--Muslims who
attempted to proselytize, and religious groups that did not belong to
the official religion. According to government statistics, 28 foreign
citizens were expelled during the year for religious violations.
Registration is required by law for a group to worship communally.
An organization that fails to register can face charges of unlawful
assembly. All non--Shafi'i religious groups are required to register as
associations. There continued to be credible reports that certain
Christian groups were denied permission to register or chose not to
register out of the expectation that their applications would be
rejected.
The Government routinely restricted the practice of non--Muslim
religions by prohibiting proselytizing and, in the past, occasionally
denying entry to foreign clergy, banning the importation of religious
teaching materials or scriptures such as the Bible, and denying
requests to expand or build new churches, temples, and shrines.
Unlike in past years, no persons were accused of proselytizing
during the year.
Muslims who wished to change or renounce their religion faced
considerable difficulties. Born Muslims faced both official and
societal pressure not to leave Islam; permission from the Ministry of
Religious Affairs must be obtained to do so. During the year the
Ministry sanctioned one renunciation of Islam. There were instances of
persons who converted to Islam (often foreign nationals) as a prelude
to marrying Muslims; conversion is required by the country's Islamic
law. Government statistics indicated that there were 340 conversions to
Islam during the year. After marriage, those who wished to return to
their former religion faced intense official pressure not to do so or
encountered extraordinary delays in obtaining permission.
Authorities continued to arrest Muslims for offenses under Shari'a,
such as khalwat and consumption of alcohol.
The Ministry of Education requires courses on Islam and the
national ideology, and prohibits the teaching of other religions and
comparative religious studies. Private Christian schools were not
allowed to give Christian instruction to Christian or Muslim students
but could offer voluntary, Islamic instruction to Muslim students.
During the year the Government warned Christian schools that they could
be fined or imprisoned for teaching non--Muslim religious subjects.
However, the Government did not prohibit or restrict parents from
giving religious instruction to children at home.
The Government routinely censored magazine articles on other faiths
by blacking out or removing photographs of crucifixes and other
religious symbols. Government officials also confiscated religious
materials and prevented public display, distribution, and sale of items
featuring non--Islamic religious symbols. However, some Christian
churches displayed crosses on their buildings.
The Government requires residents to carry an identity card that
states the bearer's ethnicity, which is used in part to determine
whether they are subject to Shari'a law. Visitors to the country were
asked to identify their religion on their visa applications. Ethnic
Malays are assumed to be Muslim, and therefore subject to Shari'a law.
Non--Muslims are not held accountable to Shari'a precepts. Religious
authorities checked identity cards for ethnicity when conducting raids.
Only Islamic groups belonging to the Shafi'i school were permitted
to organize public religious processions; however, the Government
allowed public lion dances to celebrate the Lunar New Year.
Societal Abuses and Discrimination.--The country's various
religious groups coexisted peacefully. There were no known Jewish
communities in the country, and there were no reports of anti--Semitic
acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration and
repatriation, and the Government generally respected these rights.
Government employees, both citizens and foreigners working on a
contractual basis, must apply for approval to go abroad, which was
granted routinely. The Government restricted the movement of former
political prisoners during the year following their release. The
country is not a party to the UN Convention relating to the Status of
Refugees and its 1967 protocol and does not feel the need to cooperate
with office of the UN High Commissioner for Refugees.
By law the sultan may forcibly exile, permanently or temporarily,
any person deemed a threat to the safety, peace, or welfare of the
country. However, there have been no cases of banishment since 1984.
Protection of Refugees.--The laws do not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and the 1967 protocol, and the
Government has not established a system for providing protection to
refugees. In practice, the Government did not provide protection
against the expulsion or return of refugees to countries where their
lives or freedom would be threatened.
Stateless Persons.--According to unofficial sources there are
approximately 20,000 ``stateless'' persons in the country, including
persons born and raised in the country who were not automatically
accorded citizenship and its attendant rights but were granted
permanent resident status. Since these individuals, mostly ethnic
Chinese, did not enjoy full privileges of citizenship, they did not
have the right to own land and were not entitled to subsidized health
care or higher education. In lieu of Brunei passports, the Government
issued ``certificates of identity'' to allow these persons
international travel and reentry; foreign visas may be entered in the
certificates.
Primary education is free for citizens and permanent residents.
Secondary education (above grade 10 equivalent) fees of B$140
(approximately $100) per month are required for noncitizens. University
fees for noncitizens are B$2,800 to B$3,500 (approximately $2,000 to
$2,500).
The law, which was administered on a case-by-case basis, allows
citizenship to permanent residents who have contributed to the
country's economic growth, to women married to a citizen for two years,
to women married to permanent residents for five years, and to children
of permanent resident fathers after the age of two years and six
months.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens did not have the right to change their government
peacefully.
The same family has ruled the country for more than 600 years. In
1962 the then sultan invoked an article of the constitution that
allowed him to assume emergency powers for two years. These powers have
been renewed every two years since 1962. The state of emergency places
few limits on the sultan's power. The sultan also serves as prime
minister, minister of defense, minister of finance, chancellor of the
national university, inspector general of the Royal Brunei Police
Force, and head of the Islamic faith.
Elections and Political Participation.--Political authority and
control rested entirely with the sultan. A 29-person legislative
council (LegCo), which has no independent power and is made up
primarily of appointed members, provided a forum for public discussion
of proposed government programs as well as administrative deficiencies.
It convenes once a year.
Persons 18 years of age and above may vote by secret ballot in
village consultative council elections, which are based on a
traditional system of village chiefs. Candidates must be Muslim,
approved by the Government, and be citizens or permanent residents for
more than 15 years. The councils communicated constituent wishes
through a variety of channels, including periodic meetings chaired by
the minister of home affairs. The Government also met with mukim
(collections of villages) representatives to allow for airing of local
grievances and concerns.
The Brunei National Development Party (NDP) remained the country's
only registered political party. The NDP, as had other parties when
they were registered, pledged to support the sultan and the Government.
Although the parties criticized administrative deficiencies, their few
activities received limited publicity and they were hindered by
membership restrictions.
On June 21, the NDP held its third Party Congress which included
discussion of the politically sensitive Brunei--Malaysia territorial
dispute. In 2007 government officials advised members of political
parties not to discuss certain politically sensitive issues during
their congresses.
Individuals sought to express their views or influence government
decisions and policies by posting messages to Internet discussion
boards, writing letters to local newspapers, and petitioning the sultan
or handing him letters when he appeared in public.
There were no female ministers in the Government or female members
of the LegCo; however, the sultan's sister, Princess Masna, was the
second-ranking official in the Ministry of Foreign Affairs and Trade,
and one of four permanent secretaries in the Prime Minister's Office
was a woman. On February 19, a woman was promoted to become one of the
four permanent secretaries in the Ministry of Foreign Affairs and
Trade. One cabinet-level post and two LegCo positions were held by
ethnic Chinese.
Government Corruption and Transparency.--There were reliable
reports of corruption in the Government. In accordance with its zero
tolerance policy for corrupt practices, the Government successfully
prosecuted a number of low-level officials. At year's end the case of a
former government minister accused of corruption in awarding government
projects was pending a final ruling from the chief justice.
Government officials were not subject to financial disclosure
reports.
During the year the LegCo approved, and the Government published, a
summary of the fiscal year government budget. However, the Government
continued to restrict and classify as confidential some information on
the financial dealings of the Government and the royal family. The law
provides that no court can compel any person to give evidence relating
to unpublished government records unless consent is given by the
relevant ministry's permanent secretary. The Anticorruption Bureau,
under the purview of the Prime Minister's Office, reports directly to
the sultan.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Few if any civil society organizations dealt directly with human
rights. A nongovernmental organization (NGO) seeking to operate in the
country is required to apply for permission under the Companies Act and
provide a list of members. The Government may suspend the activities of
a registered NGO if it deems such an act in the public interest.
In September official statistics reported 460 registered NGOs. In
November the Registrar of Societies deregistered a political party and
54 youth, welfare, and sports associations for failing to submit
activities reports. In the past the Consumers' Association of Brunei
attempted to address human rights, but the Government impeded these
attempts. However, the association remained active in building
relationships with other NGOs in the region dealing with consumer
protection issues.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law does not contain specific provisions prohibiting
discrimination based on race, sex, disability, language, or social
status.
Women.--The law stipulates imprisonment of up to 30 years and
caning with not fewer than 12 strokes for rape. The law does not
criminalize spousal rape; it explicitly states that sexual intercourse
by a man with his wife, as long as she is not under 13 years of age, is
not rape. According to police statistics, there were 46 reported rape
cases during the year and 21 were under investigation. Police were
generally responsive in the investigation of such cases.
There is no specific domestic violence law, but arrests have been
made in domestic violence cases under the Women and Girls Protection
Act. During the year there were 225 reported cases of domestic violence
against women, and all cases were still under investigation at year's
end. The criminal penalty for a minor domestic assault is one to two
weeks in jail and a fine. An assault resulting in serious injury is
punishable by caning and a longer jail sentence.
A special unit staffed by female officers existed within the police
department to investigate domestic abuse and child abuse complaints. A
hot line was available for persons to report domestic violence. The
Ministry of Culture, Youth, and Sport's Department of Community
Development (DCD) provided counseling for women and their spouses.
Based on individual circumstances, some female and minor victims were
placed in protective custody in the DCD-operated Taman Noor Hidaya
shelter while waiting for their cases to be brought to court.
Islamic courts staffed by both male and female officials offered
counseling to married couples in domestic violence cases. Officials did
not encourage wives to reconcile with flagrantly abusive spouses, and
Islamic courts recognized assault as grounds for divorce.
Prostitution is illegal. Women who entered the country for purposes
of prostitution generally were tried, sentenced, and deported swiftly.
In accordance with the Government's interpretation of Koranic
precepts, Muslim women have rights similar to those of Muslim men in
areas such as divorce and child custody. The law requires that males
receive twice the inheritance of women. The law permits female citizens
to pass their nationality on to their children and to own property and
other assets, including business properties.
Men were eligible for permanent positions in government service
whether or not they had university degrees, but married women without
university degrees were only eligible to hold government positions on a
month to month basis. Women in these month to month positions could not
apply for travel allowances for their husbands and children. With this
exception, they received the same allowance privileges as their
college-educated counterparts in permanent positions.
Children.--No statistics were published regarding the welfare of
children. The strong commitment to family values within society, the
high standard of living, and government funding for children's welfare
provided most children a healthy and nurturing environment.
Trafficking in Persons.--The law prohibits trafficking and sexual
exploitation of women and girls, and there were very few identifiable
cases of trafficking. It was likely that trafficking of foreign workers
recruited from Indonesia, the Philippines, Pakistan, India, and
Bangladesh took place. Such workers occasionally faced harsh,
exploitative conditions in which their freedom of movement was
restricted. There were reports that women arrested for prostitution
subsequently claimed to have been victims of trafficking. There were
also reports that the country was used as a transit stop for smugglers
trafficking women to third countries. On September 24, a foreign
mission rescued four trafficking victims who were being exploited in a
neighboring country and were in the country to obtain work visa reentry
permits. Such visa renewals apparently occurred on a once-a-month
basis. Local immigration officers assisted in the rescue mission.
Under the Trafficking and Smuggling Persons Order, a person
convicted of trafficking persons, harboring smuggled persons, or
endangering the lives or safety of trafficked or smuggled persons can
be fined up to B$1 million ($700,000), imprisoned for up to 30 years,
and caned. A person convicted of facilitating trafficking or smuggling
persons can be fined up to B$50,000 ($35,000) and imprisoned for up to
10 years. Immigration and other law enforcement officials received
training to investigate and prosecute suspected offenders and to deal
with trafficked victims. During the year there were no reported cases
of prosecutions for human trafficking, nor were there any reports of
government officials involved in trafficking. A national committee
coordinates government-wide strategies for combating transnational
crime, including trafficking.
The country had limited capacity to protect foreign trafficking
victims. There were no NGOs to assist trafficking victims, and victims
were subject to prosecution for violations of immigration and labor
codes. There was no formal system of protection or benefits for foreign
trafficking victims. In cases where the Government considers a victim
to be a material witness in the prosecution of traffickers, police will
provide temporary protection and shelter as necessary. Several foreign
embassies also provided shelter for persons who may have been victims
of trafficking.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law does not mandate accessibility
or other assistance for persons with disabilities. The Government
provided educational services for children with disabilities, but
countrywide the level of services available was uneven. The DCD
conducted several programs targeted at promoting awareness of the needs
of people with disabilities.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination based on sexual orientation or
against persons with HIV/AIDS. The law makes it a criminal offense to
have ``sexual intercourse against the order of nature.'' There were no
reports of official discrimination based on sexual orientation in
employment, housing, access to education, or health care.
Section 6. Worker Rights
a. The Right of Association.--Under the Trade Unions Act, unions
are legal and must be registered with the Government. All workers,
including civil servants other than those serving in the military and
those working as prison guards or police officers, may form and join
trade unions; however, in practice trade union activity was minimal.
The Government did not encourage unions or facilitate their formation,
and employers in the industrial sector did not encourage foreign
workers to form unions. The three registered trade unions were in the
oil sector and had a total membership of less than 5 percent of the
industry's total work force. There were an estimated 88,000 foreign
workers, including almost 6,000 garment industry workers, none of whom
were members of any trade union.
While the law permits the formation of trade union federations, it
forbids affiliation with international labor organizations unless there
is consent from the home affairs minister and Department of Labor
(DOL).
The law makes no explicit provision allowing the right to strike.
b. The Right to Organize and Bargain Collectively.--The law
prohibits employers from discriminating against workers in connection
with union activities but provides no legal framework for collective
bargaining. There was very little union activity in the country, and
employer discrimination against union members was not reported.
There is a free trade zone in Muara Port, known as the Muara Export
Zone (MEZ). Labor laws are fully applicable in the MEZ.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
isolated reports of nonpayment of wages and little or no time off for
some foreign domestic workers.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Various laws prohibit the employment of children under age 16. Parental
consent and approval by the Labor Commission is required for those
under 18. Female workers under 18 may not work at night or on offshore
oil platforms. The DOL, which is part of the Ministry of Home Affairs,
effectively enforced laws related to the employment of children. There
were no reports of violations of child labor laws.
e. Acceptable Conditions of Work.--Most employed citizens commanded
good salaries. There is no minimum wage. The standard workweek is
Monday through Thursday and Saturday, with Friday and Sunday off,
allowing for two rest periods of 24 hours each week. Overtime is paid
for work in excess of 48 hours per week, and double time is paid for
work performed on legal holidays.
Occupational health and safety standards were established by
government regulations. The DOL inspected working conditions on a
routine basis and in response to complaints. The DOL generally enforced
labor regulations effectively, but enforcement in the unskilled labor
sector was lax, especially for foreign laborers at construction sites,
where pay arrearage and inadequate safety and living conditions were
reported. The DOL may close a workplace where health, safety, or
working conditions are unsatisfactory. The law permits a worker to
leave a hazardous job site without jeopardizing his employment, but
generally, this did not occur.
According to government data, approximately 88,000 foreigners
worked in the country. Foreign workers are excluded from most labor law
protections, including freedom of association. The rights of the
estimated 25,000 female domestic workers frequently were abused and
they had little access to legal remedies. Their liberty was severely
restricted and they were required to work exceptionally long hours
without being granted a day for rest. There also were isolated reports
of employers who beat domestic employees or did not provide them with
adequate food. Since most foreign female domestics were highly
dependent on their employers, those subject to abuse often were
unwilling or unable to bring complaints, either to the authorities or
to their respective embassies. However, when complaints were made, the
Government was usually quick to investigate and impose fines and
punishment. Employers found guilty of abuses typically were fined or
sentenced to prison and ordered to compensate the victim.
Government protective measures for foreign workers included arrival
briefings for workers, inspections of facilities, and a telephone hot
line for worker complaints. Government mediation continued to be the
most common means used to resolve labor disputes. Abusive employers
faced criminal and civil penalties. When grievances could not be
resolved, repatriation of foreign workers was at the expense of the
employer, and all outstanding wages were ordered paid. The majority of
abuse cases were settled out of court by the employer paying financial
compensation to the worker.
Workers, most notably in the garment industry, signed contracts
with employment agents or other sponsors in their home countries that
reduced their promised salaries through payments to the agencies or
sponsors. The Government forbade wage deductions to agencies or
sponsors and mandated that employees receive their full salaries;
nevertheless, foreign workers continued to pay high fees to manpower
agents to obtain work in the country.
There were credible reports of domestic and construction workers
from neighboring countries paying the equivalent of two months' wages
to fictitious employers to obtain labor passes and work freelance in
the local economy. There were also credible reports of nationals from
South Asian countries working for little or no pay for up to two years
to pay back foreign agents for securing jobs for them.
In 2007 (the Government did not provide 2008 statistics) the DOL
recorded 26 complaints by domestic helpers and 108 complaints by
corporate/garment workers against employers who failed to pay workers'
salaries. Sixteen of the complaints by domestic workers and 60 of the
complaints by corporate/garment workers were resolved, largely by
employer compensation payments. Eighteen complainants withdrew their
complaints while the remaining cases were still under investigation.
The Government also prosecuted employers who employed illegal
immigrants or did not process workers' documents, rendering them in
illegal status.
Immigration law allows for prison sentences and caning for workers
who overstay their work permits and illegal immigrants seeking work, as
well as for foreign workers employed by companies other than their
initial sponsor. While the majority of prosecutions were for long-term
overstayers, many workers stayed in an illegal status due to their
former employers' negligence.
__________
BURMA
Burma, with an estimated population of 54 million, is ruled by a
highly authoritarian military regime dominated by the majority ethnic
Burman group. The State Peace and Development Council (SPDC), led by
Senior General Than Shwe, was the country's de facto government.
Military officers wielded the ultimate authority at each level of
government. In 1990 prodemocracy parties won more than 80 percent of
the seats in a general parliamentary election, but the regime continued
to ignore the results. The military government controlled the security
forces without civilian oversight.
The regime continued to abridge the right of citizens to change
their government and committed other severe human rights abuses.
Government security forces allowed custodial deaths to occur and
committed other extrajudicial killings, disappearances, rape, and
torture. The Government detained civic activists indefinitely and
without charges. In addition regime-sponsored mass-member organizations
engaged in harassment, abuse, and detention of human rights and
prodemocracy activists. The Government abused prisoners and detainees,
held persons in harsh and life-threatening conditions, routinely used
incommunicado detention, and imprisoned citizens arbitrarily for
political motives. The army continued its attacks on ethnic minority
villagers. Aung San Suu Kyi, general secretary of the National League
for Democracy (NLD), and NLD Vice--Chairman Tin Oo remained under house
arrest. The Government routinely infringed on citizens' privacy and
restricted freedom of speech, press, assembly, association, religion,
and movement. The Government did not allow domestic human rights
nongovernmental organizations (NGOs) to function independently, and
international NGOs encountered a difficult environment. Violence and
societal discrimination against women continued, as did recruitment of
child soldiers, discrimination against ethnic minorities, and
trafficking in persons, particularly of women and girls. Workers'
rights remained restricted. Forced labor, including that of children,
also persisted. The Government took no significant actions to prosecute
or punish those responsible for human rights abuses.
Ethnic armed groups allegedly committed human rights abuses,
including forced labor. Some cease-fire groups reportedly committed
abuses. Armed insurgent groups and cease-fire groups also recruited
child soldiers.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were numerous
reports that the Government or its agents committed arbitrary or
unlawful killings. The Government did not punish officials responsible
for the deaths. In particular there were reports of extrajudicial
killings and custodial deaths.
On February 21, police in Akyab, Rakhine State, severely beat
Zawmir Uddin, a Rohingya who subsequently died in police custody.
On May 3, soldiers and riot police reportedly shot at a large group
of inmates in Insein Prison after the prisoners started a fire to warm
themselves. There were reports that at least 36 inmates were killed and
approximately 70 injured. The regime claimed that only two prisoners
were killed accidentally in the fire. Following the incident, prison
authorities reportedly conducted an investigation that resulted in the
death of four inmates during interrogation.
On May 20, soldiers killed a retired New Mon State Party medical
worker during interrogation in Khawzar police station, Mon State.
In mid-June a man accused of stealing Buddha statues in Magwe
Division died during interrogation at Magwe police station.
The Government took no action to investigate or punish those
responsible for extrajudicial killings of at least 30 persons during
the regime's violent suppression of peaceful prodemocracy
demonstrations in September 2007, including Buddhist monk U Thilavantha
and Japanese photojournalist Kenji Nagai. Additionally, the Government
did not investigate or punish those responsible for custodial deaths in
2007, including the following cases: Maung Chan Kun, Lin Lin Naing, Ko
Naing Oo, NLD member Win Shwe, and Ko Ko Win.
There were no developments in the 2006 killings of the following
persons: former political prisoner Thet Naing Oo, Wai Phyo Naung, Ma
Nyo Kyi, and Saw Stin Pho.
The Government persisted in its refusal to investigate or take
responsibility for the 2003 attack by government-affiliated forces on
an NLD convoy led by party leader Aung San Suu Kyi near the village of
Depeyin, in which as many as 70 persons were killed.
b. Disappearance.--Private citizens and political activists
continued to ``disappear'' for periods ranging from several hours to
several weeks or more, and many persons never reappeared. Such
disappearances generally were attributed to authorities detaining
individuals for questioning without informing family members and to the
army's practice of seizing private citizens for portering or related
duties, often without notifying family members. Requests for
information directed to the military forces were routinely ignored. In
some cases individuals who were detained for questioning were released
soon afterward and returned to their families.
The Government took no action to investigate reports that security
forces took large numbers of residents and monks from their homes and
monasteries during numerous nighttime raids following the peaceful
prodemocracy protests in September 2007.
The whereabouts of persons seized by military units to serve as
porters, as well as of prisoners transferred for labor or portering
duties, often remained unknown. Family members generally learned of
their relatives' fates only if fellow prisoners survived and later
reported information to the families.
There was no information regarding the whereabouts of 31 persons
who disappeared during a 2003 attack by government-affiliated forces on
an NLD convoy led by party leader Aung San Suu Kyi near the village of
Depeyin.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--There are laws that prohibit torture; however, members of
the security forces and other progovernment forces reportedly tortured,
beat, and otherwise abused prisoners, detainees, and other citizens.
They routinely subjected detainees to harsh interrogation techniques
designed to intimidate and disorient. As in previous years, authorities
took little or no action to investigate the incidents or punish the
perpetrators.
In 2005 the Thailand-based Assistance Association for Political
Prisoners released a report on the ``brutal and systematic'' torture
that the Government inflicted on political prisoners. Based on the
testimony of 35 former political prisoners, the report gave details of
the physical, psychological, and sexual abuse the Government employed
on dissidents, and it identified by name many of the perpetrators. The
report detailed the kinds of torture the Government used, including
severe beatings, often resulting in loss of consciousness and sometimes
death; repeated electric shocks to all parts of the body, including
genitals; rubbing iron rods on shins until the flesh comes off; burning
with cigarettes and lighters; prolonged restriction of movement for up
to several months using rope and shackles around the neck and ankles;
repeatedly striking the same area of a person's body for several hours;
forcing prisoners to walk or crawl on an aggregate of sharp stones,
metal, and glass; using dogs to rape male prisoners; and threatening
female prisoners with rape. Authorities used prolonged solitary
confinement to punish prisoners.
There were credible reports that prostitutes taken into police
custody were sometimes raped or robbed by the police. Occasionally,
authorities would arrest and prosecute women who reported being raped
by police or soldiers. Security officials frequently placed a hood on
those accused or suspected of political crimes upon arrest.
The armed forces routinely used coercive and abusive recruitment
methods to procure porters. Persons forced into portering or other
labor faced extremely difficult conditions, beatings, rape, lack of
food and clean water, and mistreatment that at times resulted in death.
Prison and Detention Center Conditions.--Prison and labor camp
conditions generally were harsh and life threatening. The Department of
Prisons operated approximately 40 prisons and 70 labor camps. Food,
clothing, and medical supplies reportedly were scarce in prisons. There
were reports that authorities in some prisons forced prisoners to pay
for food. Bedding often was inadequate, sometimes consisting of a
single mat on the floor. Prisoners were forced to rely on their
families, who were allowed one or two visits per month, for basic
necessities. The Government solicited private donations of food,
clothing, and medical supplies as well as books and television sets for
prisoner use but reportedly diverted all donated goods to government
officials. Prisoners were held without being charged for weeks or
months, and until a prisoner was officially charged with a crime,
families could not visit or send critical supplementary food. HIV/AIDS
infection rates in prisons reportedly were high due to communal use of
syringes for injections and sexual abuse by other prisoners.
The Government denied prisoners adequate medical care, although
medical services in prisons partially reflected the poor health care
services available to the general population.
There were numerous instances in which the Government failed to
provide prisoners with adequate medical care. On March 6, detained NLD
member Ko Win Tin died in Bago prison. He had been suffering from
untreated dysentery and tuberculosis.
On April 19, Azizullah, a 30-year-old man from Rathidaung Township,
Rakhine State, died in Akyab prison. He reportedly did not receive
proper medical treatment.
On July 18, political prisoner Khin Maung Tint died of tuberculosis
in Mandalay prison.
Officials allowed a prison doctor to visit detained Min Ko Naing,
an 88 Generation Students member, who was suffering from high blood
pressure and a degenerative spinal disease. However, they denied
requests to have a specialist examine and treat him.
The health of 88 Generation Students member Myo Yan Naung Thein
continued to deteriorate significantly in prison. The press reported
that authorities repeatedly denied his requests for adequate medical
care, including an operation to treat his paralysis. According to
Amnesty International, his condition was the result of beatings
received in custody.
In his August visit, UN Special Rapporteur for Human Rights in
Burma Tomas Ojea-Quintana urged authorities to allow a dentist to treat
prisoner Thurein Aung, who had been denied dental treatment for more
than a year. Shortly after Ojea--Quintana's visit, prison officials
allowed a dentist to treat the prisoner.
Prominent political prisoners who suffered from deteriorating
health included NLD member of parliament-elect (MP-elect) Naing Naing.
The health of writer Than Win Hlaing, held in Thayarwady Prison in Bago
Division, continued to deteriorate due to harsh prison conditions.
Rohingya MP-elect Kyaw Min and family also continued to experience
health problems. MPs-elect Than Nyein and May Win Myint, as well as
journalist Win Tin, also suffered health problems before their release
in September.
There was no information on the condition of imprisoned Shan
National League for Democracy (SNLD) Chairman Khun Htun Oo or SNLD
member U Sai Hla Aung, who were suffering from numerous health problems
but had not been permitted to receive medical attention.
Despite the Government's insistence that it did not hold any
political prisoners, reports by prisoners indicated that authorities
frequently placed politically active prisoners in communal cells, where
they were subjected to beatings and severe mistreatment by common
criminals.
The Government continued to deny the International Committee of the
Red Cross (ICRC) unfettered access to prisoners. The ICRC was unable to
talk in private with prisoners, make repeated visits as desired, or
provide necessary healthcare and hygienic supplies. As a result the
ICRC could not follow the cases of more than 4,000 detainees, including
security detainees, minors, foreigners, and prisoners who were
especially vulnerable, such as the sick and elderly.
d. Arbitrary Arrest or Detention.--The law does not prohibit
arbitrary arrest or detention, and the Government routinely used them.
The law allows authorities to extend sentences after prisoners have
completed their original sentence, and the Government regularly used
this provision.
Role of the Police and Security Apparatus.--The Myanmar Police
Force is under direct military command but falls administratively under
the Ministry of Home Affairs. Police primarily deal with common crimes
and do not handle political crimes. Corruption and impunity were
serious problems, due to a government-imposed system whereby police
were required to collect funds for their operations. Police typically
required victims to pay substantial sums for crime investigations and
routinely extorted money from the civilian population. There are no
effective legal mechanisms available to investigate security force
abuses. The Government took no significant measures to reform the
security forces.
Military Security Affairs (MSA) officers and Special Branch (SB)
police officers are responsible for detaining persons suspected of
``political crimes'' perceived to threaten the Government. Once a
person is detained, MSA or SB officers interrogate the individual for a
period ranging from hours to months and can charge the person with a
crime at any time during the interrogation.
The Union Solidarity and Development Association (USDA) and the
Government-backed ``private'' militia Swan Arr Shin increasingly
assumed the responsibilities of law enforcement authorities, engaging
in the arrest, detention, and interrogation of human rights and
prodemocracy activists.
Arrest and Detention.--By law warrants for searches and arrests are
required; however, the MSA and police have special authority to conduct
searches and make arrests at will. The law permits a court to detain
persons without charge for up to two weeks, with the possibility of a
second two-week extension. However, authorities frequently extended
detentions beyond this period without producing the detainees before a
judge. The Government often held persons under the Emergency Act of
1950, which allows for indefinite detention. In practice many persons
were held for years without being informed of the charges against them.
Bail was commonly offered in criminal cases, but it was rarely
allowed for political prisoners. The Government regularly refused
detainees the right to consult a lawyer, denied them and their families
the right to select independent legal representation, or forced them to
use government-appointed lawyers. The Government continued to use
incommunicado detention and often failed to inform detainees' relatives
of detentions until much later.
During the year the regime detained numerous prodemocracy and human
rights activists and several top opposition leaders and MPs-elect.
Other activists wanted by the regime remained in hiding or self-imposed
exile at year's end.
On January 9, police arrested NLD member and labor activist Htet
Wei while he attended a friend's trial in Rangoon. According to
witnesses, police took Htet Wei into custody when they allegedly saw
the defendant, detained protester U Ohn Than, pass him a piece of
paper. At year's end authorities had not released any information
concerning the status of Htet Wei.
In April and May, the regime detained more than 130 persons
suspected of campaigning against the Government's draft constitution in
the period preceding the May constitutional referendum. Many of these
individuals were released shortly after their arrest. Several others
remained in detention at year's end.
On April 1, Thingangyun township officials arrested NLD youth
activist Ko Aung Htun at his home, according to witnesses. At year's
end authorities had not released any information concerning the status
of Ko Aung Htun.
On June 13, police arrested prodemocracy activist Myat Thu, alleged
to be a leading figure in the 88 Generation Students prodemocracy
group. At year's end authorities had not released any information
concerning the status of Myat Thu.
On June 15, authorities arrested Myanmar Tribune editor Aung Kyaw
San and several other unidentified persons after they returned from the
cyclone-affected Irrawaddy Delta, where they had been burying cyclone
victims. The Government did not publicly acknowledge Aung Kyaw San's
arrest, although some observers believed that officials suspected him
of providing information about the cyclone's aftermath to foreign news
services. At year's end Aung Kyaw San remained in detention, and
authorities had not released any information regarding his legal
status.
On June 25, police in Rangoon arrested a protester in front of city
hall. According to the press, the woman shouted slogans calling for the
release of Aung San Suu Kyi and other political prisoners before the
authorities took her away. Officials did not acknowledge her arrest or
release her identity.
On July 2, authorities detained NLD official Khun Maung, reportedly
in connection with a small explosion at a USDA office earlier that day.
The Government did not release any information about his condition or
reasons for his arrest.
Amnesty.--On September 23, authorities announced the release of
9,002 prisoners as part of an amnesty. While the majority of those
released were incarcerated for minor common crimes, at least six
political prisoners were released, including journalist Win Tin, NLD
Central Executive Committee (CEC) member Khin Maung Swe, NLD member Aye
Thein, and MPs-elect May Win Myint, Than Nyein, and Aung Soe Myint. Win
Tin spent 19 years in prison before his release.
Win Htein, Aung San Suu Kyi's former assistant, was released on
September 23 as part of the amnesty but rearrested the next morning.
e. Denial of Fair Public Trial.--The judiciary is not independent
of the Government. The SPDC appoints justices to the Supreme Court,
which in turn appoints lower court judges with SPDC approval. These
courts adjudicate cases under decrees promulgated by the SPDC that
effectively have the force of law. The court system includes courts at
the township, district, state, and national levels. While separate
military courts for civilians do not exist, the military regime
frequently directs verdicts in politically sensitive trials of
civilians.
The Government continued to rule by decree and was not bound by any
constitutional provisions providing for fair public trials or any other
rights. Although remnants of the British-era legal system remain
formally in place, the court system and its operation were seriously
flawed, particularly in the handling of political cases. The misuse of
blanket laws--including the Emergency Provisions Act, Unlawful
Associations Act, Habitual Offenders Act, Electronic Transactions Law,
Video Act, and Law on Safeguarding the State from the Danger of
Subversive Elements--as well as the manipulation of the courts for
political ends continued to deprive citizens of the right to a fair
trial and to stifle peaceful dissent. Executive Order 5/96, which
provides for the arrest of any person deemed a threat to the National
Convention and the ``roadmap to democracy,'' effectively stifled open
debate among citizens. Pervasive corruption further served to undermine
the impartiality of the justice system.
The new constitution provides for the right to a fair trial, but it
also grants broad exceptions that in effect allow the regime to violate
these rights at will.
Trial Procedures.--There is a fundamental difference between
criminal trials involving political prisoners and defendants charged
with common crimes. Some basic due process rights, including the right
to be represented by a defense attorney, were generally respected in
common criminal cases but not in political cases that the Government
deemed especially sensitive. By law the Government is not obligated to
provide an attorney at public expense except in death penalty cases.
Juries are not used in any criminal trials. In common criminal cases,
defense attorneys generally were permitted 15 days to prepare for
trial, could call and cross-examine witnesses, examine evidence, and
were granted a 15-day delay for case preparation. However, their
primary function was not to disprove their client's guilt, which was
usually a foregone conclusion, but rather to bargain with the judge to
obtain the shortest possible sentence for their clients. Political
trials often were not open to family members or the public, and defense
attorneys frequently were not permitted to attend. Reliable reports
indicated that senior government authorities dictated verdicts in
political cases, regardless of the evidence or the law.
The law provides those convicted of crimes with a right of appeal;
however, in most cases verdicts were upheld without consideration of
the legal merits of the appeal.
In July a single judge on the Supreme Court rejected the appeals of
six labor activists arrested in connection with a Rangoon seminar in
May 2007. The court did not publish an opinion or otherwise explain the
legal rational for its decision, as it normally does. Although the law
allows for the defendants to appeal to a multijudge panel of the
Supreme Court, many legal observers pointed out that it would be
difficult to do so without the court's opinion on which to base the
appeal.
NLD members and other prodemocracy activists generally appeared
able to retain the counsel of lawyers without fear that the lawyers
might be imprisoned; however, lawyers were not always told when trials
would begin, and authorities often refused to allow them to attend
their clients' trials.
During the year authorities held closed legal hearings for a large
number of political prisoners. Foreign diplomatic observers were able
to confirm that the regime sentenced at least 120 persons, although
some human rights NGOs, such as the Assistance Association for
Political Prisoners (AAPP), estimated that more than 200 persons were
convicted. Some of those convicted had been detained for more than a
year without trial.
In October and November, criminal defense attorneys Aung Thein,
Khin Maung Shein, and Nyi Nyi Htwe were sentenced to between four and
six months' imprisonment for contempt of court after they objected to
the lack of due process afforded several political prisoners they were
representing. Another attorney, Saw Kyaw Kyaw Min, was cited for
contempt but fled before he was imprisoned. Independent legal observers
noted that it was unusual for lawyers to be imprisoned, rather than
fined, for contempt of court. Fourteen other lawyers, most sentenced
prior to 1998, remained imprisoned at year's end.
The Government routinely extended prison sentences under the Law
Safeguarding the State from the Dangers of Subversive Elements. The
minister of home affairs has the right to extend unilaterally a prison
sentence on six separate occasions for two months, for a total of up to
one year. SPDC Chairman Senior General Than Shwe can add five years to
a sentence.
Political Prisoners and Detainees.--Human rights observers reported
that at year's end there were approximately 2,100 ``security
detainees,'' including political prisoners, merchants, violators of
state security laws, and those accused of fostering religious
disturbances. Because the Government usually charged political
detainees with criminal offenses, it denied holding any political
prisoners. Despite government assertions, a vast majority of these
prisoners were not believed to have engaged in any violence, theft, or
other common crimes.
On January 29, authorities charged detained labor activist Su Su
Nwe with sedition, libel against foreign powers, and association with
an unlawful organization.
Also on January 29, officials charged Ye Min Oo, Ye Myat Hein, Kyi
Phyu, and Si Thu Maung with sedition. The four were arrested for their
alleged participation in the September 2007 prodemocracy protests. In
November authorities sentenced Ye Min Oo to five years' imprisonment
and Ye Myat Hein and Kyi Phyu to six years and six months each. Human
rights observers believed that Si Thu Maung remained in detention at
year's end.
In January nine 88 Generation Students members, including Min Ko
Naing and Ko Ko Gyi, were charged with failing to register printed
materials. The other seven persons charged were Kyaw Min Yu (Jimmy),
Mya Aye, Aung Thu, Min Zeya, Zaw Htet Ko Ko, Myo Aung Naing, and Ko Tin
Htoo Aung. In September 35 members of 88 Generation Students, including
Min Ko Naing and Ko Ko Gyi, were charged under statutes prohibiting
libel against friendly foreign governments and prohibiting speech or
conduct intended to disrupt the Government's ``roadmap to democracy.''
In November Min Ko Naing, Ko Ko Gyi, Kyaw Min Yu, Mya Aye, Aung Thu,
Min Zeya, and Myo Aung Naing were each sentenced to 65 years'
imprisonment. Tin Htoo Aung was sentenced to 33 years' imprisonment.
Zaw Htet Ko Ko remained in custody at year's end.
On March 8, police arrested opposition activist Aung Kyaw Oo,
allegedly a leading figure in Generation Wave, an opposition group that
authorities claimed was involved in the September 2007 protests. On
November 11, authorities sentenced Aung Kyaw Oo to four years and six
months in prison for his alleged involvement in the protests.
On the night of June 4, officials arrested prominent comedian and
activist Zarganar and charged him with violating the Video Act,
Electronics Act, and Unlawful Association Act, among others. On June
13, police arrested Zaw Thet Htwe, a journalist who worked with
Zarganar to provide relief to victims of Cyclone Nargis. In November
Zarganar was sentenced to 59 years' imprisonment and Zaw Htet Htwe to
15 years' imprisonment.
Between January and August, officials charged detained monk U
Gambira with 10 counts, including illegal border crossing, association
with an unlawful organization, publication of unapproved printed
materials, undermining the security of the state, and rioting. In
November he was sentenced to 68 years in prison.
On August 6, authorities arrested human rights activist Myo Min. On
November 28, Myo Min was sentenced to five years' imprisonment.
On August 8, police arrested human rights activist Myint Aye at his
home. On September 7, Director General of Police Khin Yi publicly
accused Myint Aye of having engaged in a conspiracy to commit bombings,
and on November 28, he was sentenced to 28 years' imprisonment after a
closed trial.
On September 10, police arrested 88 Generation Students member
Nilar Thein, who had been in hiding since August 2007, when authorities
arrested 70 other 88 Generation Students activists, including her
husband, Kyaw Min Yu. In November authorities sentenced Nilar Thein to
65 years' imprisonment. During the period she was in hiding,
authorities reportedly kept under surveillance her infant daughter,
whom she had been forced to leave with relatives.
Numerous prodemocracy and human rights activists arrested in 2007
were formally sentenced to prison terms during the year. In November
leading 88 Generation Students members Phone Cho, Arnt Bwe Kyaw, Htay
Kywe, Thet Zaw, Sandar Min, and Nyan Lin were sentenced to 65 years.
Human rights observers believed that several other 88 Generation
Students members arrested in 2007 remained in detention without
conviction, including Zeya, Kyaw Kyaw Htwe (Markee), Panneik Tun, and
Zaw Zaw Min.
In November officials sentenced several NLD members who were
arrested in 2007 to prison terms, including Ko Kyi Phyu, who received a
sentence of six years and six months; Aung Min Naing and Ko Wunna Aung,
four years and six months each; and Ko Tin Myint, two years and six
months. Human rights observers believed that several other NLD members
arrested in 2007 remained in detention without conviction at year's
end, including Ko Ye Min Zaw, Ko Soe Khine, Shwe Maung, Ko Myo Khin, Ko
Tun Myint, Ko Tin Oo Maung, Thin Gan Gyun, Ko Phyo Min Kyin, Ko Tin Zaw
Oo, Ko Law Lwin, Ko Taw Taw Aung, and Ko Ye.
Also in November officials sentenced Myanmar Development Committee
leader Htin Kyaw, who was arrested in 2007, to 12 years' imprisonment.
Human rights observers believed that several of his supporters remained
in detention at year's end, including Zaw Nyunt, Ko Han, and Han Ti.
In November authorities sentenced human rights activist Aung Zaw
Oo, arrested in 2007, to 12 years' imprisonment. Prodemocracy activist
and musician Win Maw was sentenced to two years' imprisonment.
Human rights observers believed that prodemocracy activist Myat
San, who was arrested in 2007, remained in detention at year's end.
They also believed that the leader of Maggin Monastery, Sayada
Aindakaat, remained in detention, as well as other monks arrested in
2007, including Sanda Wara.
NLD general secretary Aung San Suu Kyi remained under house arrest
without charge and without trial. In May the regime again extended her
detention, which began in 2003. Authorities continually denied Aung San
Suu Kyi the ability to meet freely with her supporters and others at a
time and place of her choosing. However, in January authorities allowed
her a supervised meeting with NLD party leaders, and in March she met
with UN Special Envoy Gambari. In August and September, authorities
permitted Aung San Suu Kyi to meet with her attorney on five occasions
at her home to prepare her legal appeal of her house arrest. She also
was permitted to meet with her doctor four times during the year. NLD
Vice--Chairman Tin Oo also remained under house arrest without trial.
Civil Judicial Procedures and Remedies.--Civil judicial procedures
and remedies existed in principle, but in practice there was no
assurance that a complainant would receive a fair hearing.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law does not prohibit such actions, and
authorities routinely infringed citizens' privacy. Through its
intelligence network and administrative procedures, the Government
systematically monitored the travel of all citizens and closely
monitored the activities of many citizens, particularly those known to
be active politically.
Forced entry without a court order is legal. The law requires that
any person who intends to spend the night at a place other than his
registered domicile inform local peace and development council
authorities in advance. Any household that hosts a person not domiciled
there must maintain a guest list and submit it to authorities. Ward-
level officials continued unannounced nighttime checks of residences
for unregistered visitors. Authorities in Rangoon Division continued
sporadically to require households to have ``family photographs'' taken
for government agents to use when conducting nighttime checks of
residences. Households subjected to this requirement were required to
pay for the cost of their photographs, usually at significantly higher
than market rates, and permanently display in their homes the
photographs of authorized residents.
Security personnel regularly screened private correspondence,
telephone calls, and e-mail.
The Government continued to control and monitor closely the
licensing and procurement of all two-way electronic communication
devices. Possession of an unregistered telephone, facsimile machine, or
computer modem is punishable by imprisonment. Users of unregistered
cordless telephones face up to three years in prison and a heavy fine.
Use of unregistered radios is also punishable by a fine and
imprisonment.
The Government continued its practice of conscripting members of
ethnic minorities for service as military porters in Bago Division and
Karen, Kachin, Kayah, and northern Rakhine states.
Government employees generally were prohibited from joining or
supporting political parties; however, this proscription was applied
selectively. The Government used coercion and intimidation to induce
persons, including nearly all public-sector employees and many
students, to join the Government's mass mobilization organizations--the
USDA, Myanmar Women's Affairs Federation (MWAF), and Myanmar Maternal
and Child Welfare Association--and attend meetings in support of the
regime. The Government also used coercion to entice or force members of
the NLD and other opposition parties to resign, and it publicized the
coerced resignations in government media.
Weak private property rights and poor land ownership records
facilitated involuntary relocations of persons by the Government. The
law does not permit private ownership of land, recognizing only
different categories of land-use rights, many of which are not freely
transferable. Postcolonial land laws also revived the precolonial
tradition that private rights to land are contingent upon the land
being put to productive use.
Forced relocations in rural areas continued during the year. The
relocations reportedly were often accompanied by executions, rapes, and
demands for forced labor to build infrastructure for military units.
While less frequent than in rural areas, reports persisted of
forced relocation in urban areas. The Government reportedly continued
to relocate forcibly some urban households for ``security'' reasons. In
Rangoon persons were compelled to leave homes or dwellings located on
property that could be used for commercial gain. In some cases those
forced to move were poorly compensated, if at all.
At year's end most civil servants in the administrative capital Nay
Pyi Taw continued to live separately from their families in Rangoon.
There were numerous reports that government troops looted and
confiscated property and possessions from forcibly relocated persons or
persons who were away from their homes. The materials often were used
for military construction. Commandeering privately owned vehicles for
military or VIP transport without compensating the vehicle owners was
commonplace throughout the country. The practice was particularly
widespread in Shan, Kayah, and Karen states and in areas of Mon State
and Bago Division.
In these same areas, thousands of civilians were displaced from
their traditional villages--which often were then burned to the
ground--and moved into settlements tightly controlled by government
troops in strategic areas. In other cases villagers driven from their
homes fled into the forest, frequently in heavily mined areas, without
adequate food, security, or basic medical care.
Forced relocations often generated large refugee flows to
neighboring countries or to parts of the country not controlled by the
Government. In some areas the Government replaced the original
occupants with ethnic Burmans. In Karen State army units forced, or
attempted to force, ethnic Karen to relocate to areas controlled by the
Democratic Karen Buddhist Army.
The Government routinely confiscated property, cash, and food from
civilians. Additionally, USDA members, acting under the cover of
governmental authority, confiscated property for their own use.
Military personnel also routinely confiscated livestock, fuel, food
supplies, fishponds, alcoholic drinks, vehicles, and money. Such abuses
were widespread. Regional commanders forced contributions of money,
food, labor, and building materials from civilians throughout the
country.
Marriages between female citizens and foreigners are banned, and
the Government ordered local attorneys not to be witnesses to such
marriages; however, the ban was not widely enforced.
The Government punished family members for alleged violations by
individuals. On September 9, police detained Ko Moe Htet Hlyan, the
brother-in-law of detained monk U Gambira. On September 11, authorities
arrested Ko Aung Ko Ko Lwin, the younger brother of U Gambira. Both
remained in detention at year's end.
On September 12, police arrested Daw Tin Tin Win, the 75-year-old
mother of detained 88 Generation Students member Ko Arnt Bwe Kyaw. She
was released later that day.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Ethnic insurgent groups continued to battle the Government for autonomy
or independence, including the Shan State Army--South, the Karenni
National Progressive Party, and the Karen National Union (KNU), through
its armed wing, the Karen National Liberation Army. In ethnic minority
regions, military personnel reportedly killed and raped civilians,
shelled villages and burned homes, destroyed food and seized
possessions, confiscated land, forced villagers to work on
infrastructure projects, and demanded that villagers provide food and
construction materials for military camps.
Killings.--There were unverified reports of deaths and injuries
caused by security forces using civilians to clear landmines,
particularly in Karen State, where the army continued attacks against
ethnic villages.
Disappearances.--There were reports of disappearances in connection
with the conflicts in Bago Division and Karen, Kayah, and Shan states.
Physical Abuse, Punishment, and Torture.--Newly arrived refugees
and internally displaced persons (IDPs) near the Thai border reported
that government soldiers in Chin, Shan, Kayah, Kachin, and Karen states
continued to rape ethnic women and girls. The Thailand-based Karen
Women's Organization cited 959 cases of women and girls in Karen State
who reported sexual abuses in the past 25 years. Additionally, NGOs and
international organizations continued to report numerous sexual
assaults by soldiers throughout the rest of the country.
Karen NGO sources indicated that government forces continued to
commit human rights abuses in Karen State, despite intermittent peace
talks. Numerous Karen villages were attacked and burned, forcing
hundreds of villagers to flee into the jungle.
Military forces also continued to abuse villagers and drive them
from their homes during campaigns in Bago Division and Kayah and Shan
states.
There were no reports that the Government investigated or otherwise
attempted to identify and punish those responsible for numerous acts of
killing, injury, and destruction committed against Karen communities
during the year.
Child Soldiers.--The army continued to recruit and use child
soldiers. The official age of enlistment in the army is 18 years. The
Government stated that its official policy is to avoid conscripting
child soldiers; however, numerous recruiters reportedly ignored the
policy. The International Labor Organization (ILO) reported that,
compared with 2007, the number of child soldier complaints rose in the
first half of the year. Some recruiting staff and other military
personnel were charged under military regulations for taking part in
child soldier recruitment. In most cases they were issued a reprimand
that was entered into their military records, but there were no
confirmed reports of any persons being criminally charged for their
involvement in child soldier recruitment.
In October 2007 Human Rights Watch published a report, Sold to be
Soldiers: The Recruitment and Use of Child Soldiers in Burma, which
detailed numerous specific instances of child soldier recruitment and
use by government forces and various armed insurgent groups.
In her November 2007 report on the use of child soldiers in Burma,
UN Special Representative for Children and Armed Conflict Radhika
Coomaraswamy cited evidence that the both the Government army and
several armed insurgent and cease-fire groups, including the United Wa
State Army, Kachin Independence Army, Karenni National People's
Liberation Front, Democratic Karen Buddhist Army, Shan State Army--
South, Myanmar National Democratic Alliance Army, and Karen National
Union Peace Council, recruited child soldiers.
Other Conflict Related Abuses.--According to the Office of the UN
High Commissioner for Refugees (UNHCR), approximately 150,000 Burmese
refugees lived in camps in Thailand. The regime did not allow the UNHCR
to monitor fully the potential areas of return to assess conditions for
the voluntary return of the refugees and IDPs, leading the UNHCR to
determine that conditions remained unsuitable for their return.
Approximately 21,000 Rohingyas lived in refugee camps in
southeastern Bangladesh, and it was estimated that as many as 200,000
others lived outside the camps.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The new constitution provides for
freedom of speech and of the press, but the Government continued to
restrict these rights severely and systematically.
The Government arrested, detained, convicted, and imprisoned
citizens for expressing political opinions critical of the Government
and for distributing or possessing publications in which opposition
opinions were expressed. Security services also monitored and harassed
persons believed to hold antigovernment opinions.
On January 22, authorities in Taungot Township, Rakhine State,
arrested Ko Than Htay and Ko Kalar Shay. Witnesses reported that the
two men, who were not NLD members or known political activists, rode
their bicycles through town calling for the release of political
prisoners and the reduction of commodity prices. Officials released the
two on February 5.
The Government continued to use force to prohibit all public speech
critical of the regime by all persons, including by individuals elected
to parliament in 1990 and leaders of political parties. The Government
pursued this policy consistently with few exceptions.
On August 12, authorities arrested NLD MPs-elect U Nyi Pu and Tin
Min Htut, two of five MPs-elect who signed a July 21 letter to UN
Secretary--General Ban Ki--Moon and the UN Security Council criticizing
the May constitutional referendum. They remained in detention at year's
end. Two other signatories reportedly went into hiding following the
arrest.
The law prohibits the publication or distribution of any printed
material without obtaining prior approval from the Government. The
Government controlled content in all print publications and owned and
controlled all domestic radio and television broadcasting facilities.
The official media remained propaganda organs of the Government and did
not report opposing views except to criticize them.
Privately owned media existed, but the Government's Press Scrutiny
Board tightly controlled all media and publications and took action
against any attempt to provide independent interpretation or comment on
news. The Ministry of Information issued licenses to private media
publishers as long as the media printed government-approved material.
An estimated one-third of private media licenses were held by
government agents or supporters.
A few foreign news agencies remained but had no expatriates based
in the country, leading them to rely on local journalists. Their bureau
chiefs were rarely permitted to enter on journalist visas.
Reporters were subject to arrest, harassment, intimidation, and
violence by the authorities and supporters of the regime. In November
Thet Zin and Sein Win Maung, the editor and office manager of Myanmar
Nation magazine, respectively, were sentenced to seven years'
imprisonment for violating the Printers and Publishers Act.
On September 1, authorities arrested Saw Myint Than, former
correspondent of the privately owned magazine Flower News Journal, and
charged him with violating the Electronics Law and criticizing
government authorities. He was released on October 21.
On October 1, NLD member and former journalist Ohn Kyaing was
arrested at his home. Ohn Kyaing was the chair of the NLD's Cyclone
Nargis relief committee. He previously had served 15 years'
imprisonment for ``writing and distributing seditious pamphlets'' and
``threatening the security of the state.'' He was held without charge
and released without explanation on December 11.
On November 5, authorities in Rangoon arrested journalists Khin
Maung Aye and Htun Htun Thein of the privately owned news journal News
Watch. In November authorities sentenced Khin Maung Aye and Htun Htun
Thein to six months' imprisonment.
Many prominent writers and journalists remained in prison for
expressing their political views. According to Reporters Without
Borders, at the beginning of the year, eight journalists were in
prison, including Ko Aung Gyi, former editor of the sports magazine 90
Minutes, and Myat Swe (Sunny Swe) and his father Thein Swe, co-owners
of the English--and Burmese-language weekly newspaper Myanmar Times.
Government censorship boards prohibited publication or distribution of
works authored by those in prison.
Government controls encouraged self-censorship, and publications
generally did not report domestic political news or sensitive economic
and political topics.
Imported publications remained subject to predistribution
censorship by state censorship boards, and possession or distribution
of publications not approved by the censorship boards was a serious
offense. The Government also restricted the importation of foreign news
periodicals and discouraged subscriptions to foreign periodicals;
however, some foreign newspapers could be purchased in Rangoon. Some
foreign newspapers and magazines were distributed uncensored.
Due to widespread poverty, limited literacy, and poor
infrastructure, radio and television remained the primary media of mass
communication. News periodicals rarely circulated outside of urban
areas. The Government continued to monopolize and control the content
of the two domestic radio stations. Foreign radio broadcasts, such as
those of Radio Free Asia, the Voice of America, the BBC, and the
Democratic Voice of Burma, remained the principal sources of uncensored
information.
The Government also continued to monopolize and control all
domestic television broadcasting tightly, offering only three channels,
including an armed forces channel. The general population was allowed
to register satellite television receivers for a fee. Illegal satellite
television was also available, but access to satellite television
remained far too expensive for the majority of the population.
The law makes it a criminal offense to publish, distribute, or
possess a videotape not approved by a state censorship board. The
Government continued to crack down on uncensored foreign videotapes and
digital video discs, although pirated copies remained widely available
on the street.
On March 8, authorities arrested Hlaing Township NLD members Ko
Thant Zin and Ko Tun Tun for allegedly possessing copies of the latest
``Rambo'' movie.
Internet Freedom.--No laws or regulations exist regarding
monitoring Internet communications or establishing penalties for the
exercise of freedom of expression via the Internet. However, the
Government monitored Internet communications and blocked Web sites so
that individuals could not freely engage in such activities.
Authorities frequently blocked access to Web sites that attracted
many users or large attachments related to political issues. E-mail
messages sometimes took several days to arrive in a receiver's inbox,
often with attachments deleted. Citizens believed this was due to the
regime's censoring of incoming and outgoing e-mail.
The Government banned most Web sites critical of the regime and its
activities. Authorities also periodically blocked access to free e-mail
services as well as to other Internet telephone and messaging services.
The Government attempted to block most Web sites containing words
that it considered suspicious, such as Burma, drugs, military
government, democracy, student movement, 8888, and human rights. Users
could sometimes reach the home pages of the Democratic Voice of Burma
and BBC's Burma service, but they could not access most articles on the
sites. Occasionally the Government mistakenly blocked educational or
other sites when its software detected censored words. The Government,
working with government-controlled Internet providers Myanmar Teleport
and the Ministry of Posts and Telecommunications, continued to search
for and shut down Web sites that posted news and photographs of the
September 2007 protests.
While the Government rarely charged persons explicitly for
expressing political, religious, or dissenting views in electronic
fora, including e-mail, it often charged persons suspected of such
activities with other crimes.
On January 30, authorities arrested Nay Phone Latt (Nay Myo Kyaw),
an Internet blogger and owner of three Internet cafes. He was later
charged with the unauthorized creation, reproduction, and distribution
of videos; crimes against public tranquility; and engaging in unlawful
electronic transactions. In November authorities sentenced Nay Phone
Latt to 20 years and six months in prison.
In its annual report, Reporters Without Borders stated that the
Government closely monitored Internet cafes, at which many computers
automatically executed screen captures every five minutes to monitor a
user's activity. All Internet cafes displayed a notice that forbade
users to access political and pornographic sites but did not state a
specific punishment.
Academic Freedom and Cultural Events.--The Government restricted
academic freedom. University teachers and professors, most of them
state employees, were subject to the same restrictions on freedom of
speech, political activities, and publications as other state
employees. The Ministry of Education routinely warned teachers against
criticizing the Government. It also instructed them not to discuss
politics at work, prohibited them from joining or supporting political
parties or from engaging in political activity, and required them to
obtain advance approval for meetings with foreigners. The Government
closely monitored curricula, censored course content, and intimidated
academics to practice self-censorship. Like all other state employees,
professors and teachers were required to join the USDA. Teachers at all
levels continued to be held responsible for the political activities of
their students. Foreigners were not permitted to visit university
campuses without prior approval or attend any meetings involving
students, including graduation ceremonies.
To limit the possibility of student unrest, the Government placed
undergraduate campuses in remote areas, warned teachers and students
that disturbances would be dealt with severely, and kept most on-campus
dormitories closed. The Government placed heavy security around
schools, even during summer vacation. These measures caused the quality
of education to deteriorate to such an extent that many students opted
to use self-study or private tutoring.
The Government tightly controlled the limited number of private
academic institutions and their curricula. Similar controls extended to
Buddhist monastery-based schools, Christian seminaries, and Muslim
madrassas. During the year the Government cracked down on private
tutoring and tried to ban the practice.
The Government monitored and censored most cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law limits freedom of assembly, and the Government
severely restricted it in practice. An ordinance officially prohibits
unauthorized outdoor assemblies of more than five persons, although it
was not enforced consistently and authorities sometimes prohibited
smaller gatherings. While still a legal political party, all NLD
offices except its Rangoon headquarters remained closed by government
order, and the NLD could not lawfully conduct party activities outside
its headquarters building. The nine other legally registered political
parties were required to request permission from the Government to hold
meetings of their members. Informal meetings involving NLD members
occurred outside the NLD office; however, security officials closely
monitored these activities. Authorities occasionally demanded that NLD
leaders provide them with lists of attendees in advance in an attempt
to discourage participation.
The regime and its supporters routinely used intimidation,
violence, and the power of arrest to disrupt peaceful demonstrations
and meetings.
On January 2, authorities arrested NLD MP-elect Aung Moe Nyo along
with NLD members Nay Myo Kyaw, Sein Win, Than Tun, and Maung Oo. All
were detained after holding meetings to commemorate Burmese
Independence Day.
On June 19, Swan Arr Shin members arrested up to 14 participants at
a ceremony to mark the 63rd birthday of NLD leader Aung San Suu Kyi.
Witnesses reported that the detainees were beaten before being loaded
into trucks and driven away. At year's end the persons remained in
detention.
Police in Taungot, Rakhine State, detained 48 persons on August 8
following a silent procession through the streets on the 20th
anniversary of the date in 1988 when the regime violently suppressed
prodemocracy protests in Rangoon. Although 43 detainees were
subsequently released, five of the alleged leaders remained in custody.
On September 27, authorities arrested nine NLD members as they made
their way to a ceremony at the party's Rangoon headquarters to mark the
NLD's 20th anniversary. All nine were released later that day but were
not permitted to attend the ceremony.
On December 30, authorities in Rangoon arrested nine NLD members as
they carried a banner reading ``Free Aung San Suu Kyi'' on a major
Rangoon thoroughfare. They remained in detention at year's end.
Freedom of Association.--The Government restricted freedom of
association, particularly for NLD members, prodemocracy supporters, and
those who contacted exile groups. A statute prohibits associating with
any organization that the head of state declares to be unlawful.
Freedom of association generally existed only for government-
approved organizations, including trade associations, professional
bodies, and the USDA. Few secular, nonprofit organizations existed, and
those that did took special care to act in accordance with government
policy. There were 10 legally registered political parties, but most
were moribund. Authorities harassed and intimidated parties that did
not support regime policies.
c. Freedom of Religion.--The new constitution provides for the
freedom of religion; however, it also grants broad exceptions that
allow the regime to restrict these rights at will.
There is no official state religion, but the Government continued
to show preference for Theravada Buddhism, the majority religion. Most
adherents of registered religious groups generally were free to worship
as they chose; however, the Government imposed restrictions on certain
religious activities and promoted Buddhism over other religions. The
Ministry of Religious Affairs has a separate department for the
``promotion and propagation of Sasana'' (Buddhism). The Government
promoted education at Buddhist monastic schools in rural areas and
subsidized Buddhist universities in Rangoon and Mandalay.
Virtually all organizations, religious or otherwise, must register
with the Government. Although an official directive exempts ``genuine''
religious organizations from registration, in practice only registered
organizations were allowed to buy or sell property or open bank
accounts. Consequently, most religious organizations registered with
the Government.
The Government continued its efforts to control the Buddhist clergy
(Sangha). It tried Sangha members for ``activities inconsistent with
and detrimental to Buddhism'' and imposed on the Sangha a code of
conduct enforced by criminal penalties. The Government did not hesitate
to arrest and imprison lower-level Buddhist monks who opposed the
Government. In prison monks were defrocked and treated as laypersons.
In general imprisoned monks were not allowed to shave their heads and
were not given food in accordance with the monastic code. Like other
political prisoners, they were often beaten and forced to do hard
labor. The Government also subjected the Sangha to special restrictions
on freedom of expression and association.
The Government prohibited efforts by Buddhist clergy to promote
human rights and political freedom. Members of the Sangha were not
allowed to preach sermons pertaining to politics. Religious lectures
could not contain any words, phrases, or stories reflecting political
views. The regime told Sangha members to distance themselves from
politics, political parties, and members of political parties. The
Government prohibited any organization of the Sangha other than the
nine state-recognized monastic orders under the authority of the State
Clergy Coordination Committee. The Government prohibited all religious
clergy from being members of a political party.
On July 15, police arrested nine monks at Rangoon Central Railway
Station. In August they were sentenced to two years' imprisonment for
``the deliberate and malicious...outraging of religious feelings.''
On August 23, authorities arrested monks U Damathara and U Nandara,
both from the Thardu monastery in Rangoon. Officials did not
acknowledge their arrest, although human rights observers believed they
may have been detained as a precaution against future protests. They
likely remained in custody at year's end.
In the weeks before the September anniversary of the 2007 protests
and crackdown, security forces occupied some monasteries in the cities
of Rangoon and Mandalay and the state of Rakhine that were suspected of
involvement in prodemocracy activities.
The Government continued to restrict the building of religious
structures by minority religious groups. The Government also permitted
the destruction of religious centers and schools.
The Government's border security force continued to conduct
arbitrary ``inspections'' of mosques in northern Rakhine State,
demanding that mosque officials show permits to operate the mosques.
When mosque officials could not produce the permits, officials ordered
congregation members to destroy the mosques.
In most regions of the country, Christian and Muslim groups that
sought to build small churches or mosques on side streets or other
inconspicuous locations occasionally were able to proceed, but based
only on informal approval from local authorities. These groups reported
that formal requests encountered long delays, generally were denied,
and even when approved, could subsequently be reversed by a more senior
authority.
Religious activities and organizations were subject to restrictions
on freedom of expression and association. The Government's pervasive
internal security apparatus imposed de facto restrictions on collective
and individual worship through its infiltration and monitoring of
meetings and activities of virtually all organizations, including
religious ones.
Although authorities appear to have moved away from a campaign of
forced conversion, there continued to be evidence that other means were
used to entice non--Buddhists to convert to Buddhism. Christian Chins
were pressured to attend Buddhist seminaries and monasteries and
encouraged to convert to Buddhism. Christian Chins reported that local
authorities operated a high school that only Buddhist students could
attend and promised government jobs to the graduates. Christians had to
convert to Buddhism to attend. An exile Chin human rights group claimed
that local government officials placed the children of Chin Christians
in Buddhist monasteries, where they were given religious instruction
and converted to Buddhism without their parents' knowledge or consent.
Reports suggested that in Sagaing Division the Government also sought
to induce members of the Naga ethnic group, most of whom are either
Christian or animists, to convert to Buddhism by similar means.
The Government discouraged proselytizing by all clergy.
Evangelizing religions, including some Christian denominations and
Islam, were most affected by these restrictions. The Government
generally did not allow permanent foreign religious missions to operate
in the country.
Buddhist doctrine remained part of the state-mandated curriculum in
all government elementary schools. Students could opt out of
instruction in Buddhism, and some did, but students of government
schools were required to recite a Buddhist prayer daily. Some Muslim
students were allowed to leave the room during this act, while at some
schools non--Buddhists were forced to recite the prayer.
Citizens and permanent residents of the country were required to
carry government-issued national registration cards that often
indicated religious affiliation and ethnicity. There appeared to be no
consistent criteria governing whether a person's religion was indicated
on the identification card. Citizens also were required to indicate
their religion on certain official application forms, such as for
passports.
The Government allowed some Muslims to go on the annual hajj and
Buddhists to go on pilgrimage to Bodhgaya, India, although it limited
the number of pilgrims.
Societal Abuses and Discrimination.--There were no reports of
conflicts between Muslims and Buddhists in the country. While official
religious discrimination was limited, de facto preferences for
Buddhists remained. There was one synagogue in Rangoon that served a
small Jewish congregation. There were no reports of anti--Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Although the Government restricted
freedom of movement, most citizens were able to travel within the
country. Exceptions included Muslims traveling to, from, and within
Rakhine State, as well as some opposition political party members.
However, citizens' movements were closely monitored, and all were
required to notify local officials of their whereabouts. Movement was
restricted in areas of armed conflict. Citizens were subjected to
arbitrary relocation. Authorities often prohibited NLD members who
traveled to Rangoon to attend party functions from lodging in the city
overnight.
The Government maintained close control over most ethnic leaders'
movements, requiring them to seek permission from the Government before
making any domestic trips.
Ethnic minority areas previously affected by conflict, such as the
large Karen areas of Irrawaddy Division, continued to experience tight
controls on personal movement, including frequent military checkpoints
and monitoring by the MSA. Government agents demanded bribes at
checkpoints in border areas.
In Rakhine State many controls and checkpoints applied only to the
Muslim population. The Government tightly controlled the movement of
Muslim Rohingyas, particularly in Buthidaung, Kyauktaw, Maungdaw, and
Rathedaung townships along the border with Bangladesh. Muslim youth
from Rakhine accepted for admission to universities and medical schools
outside the state were unable to enroll due to travel restrictions
imposed on them. The Government also required other noncitizens,
primarily ethnic South Asians and Chinese, to obtain prior permission
to travel internally. Nonetheless, the country's borders with China,
Thailand, Bangladesh, and India remained very porous, with significant
undocumented migration and commercial travel occurring.
An ordinary citizen needed three documents to travel outside the
country: a passport from the Ministry of Home Affairs, a revenue
clearance from the Ministry of Finance and Revenue, and a departure
form from the Ministry of Immigration and Population. To address the
problem of trafficking in persons, the Government continued to hinder
or restrict international travel for women, particularly those under 25
years of age.
The Government carefully scrutinized prospective travel abroad of
all passport holders. Rigorous control of passport and exit visa
issuance perpetuated rampant corruption, as applicants were forced to
pay bribes of up to 300,000 kyat (approximately $230), roughly
equivalent to the average annual salary of a skilled worker. The
Government regularly denied passports on political grounds. College
graduates who obtained a passport (except for certain government
employees) were required to reimburse the Government for the cost of
their education. It frequently took several months to receive a
passport, particularly if the applicant was unwilling to offer a bribe
as incentive for speedier service.
The Government permitted foreign diplomats and foreign UN employees
based in Rangoon to travel outside of Rangoon to designated tourist
sites without prior permission; all other travel required advance
permission and was regularly denied. The Government required all
foreign and local residents, except diplomats, to apply for
authorization to leave the country. Travel to and from the Irrawaddy
Delta after Cyclone Nargis in May was tightly controlled. Checkpoints
were established on all major roads leading in and out of the Delta,
and foreigners were required to obtain permission before traveling.
Travel permission was required to travel to the Delta, but access for
cyclone-related travel improved later in the year.
The abrogated 1974 constitution did not provide for forced exile,
and the Government generally did not use it. The constitution that the
Government reported was approved in a May referendum also does not
provide for forced exile.
In general citizens who emigrated legally were allowed to return to
visit relatives, and some who lived abroad illegally and acquired
foreign citizenship also were able to return.
The Government did not have legal arrangements to accept its
citizens deported from other countries; however, in the past the
Government accepted the return of several thousand illegal migrants
from Thailand and China.
Harassment, fear of repression, and deteriorating socioeconomic
conditions continued to force many citizens to leave for neighboring
countries and beyond. In border regions populated by minority ethnic
and religious groups, the Government maintained its practices of forced
labor, confiscation of land, compulsory contributions of food and
money, and forced relocations. These policies continued to produce
large numbers of refugees in neighboring countries, particularly
Thailand, India, Malaysia, and Bangladesh.
Internally Displaced Persons (IDPs).--According to the
International Displacement Monitoring Center, there were at least
500,000 IDPs in the country, although precise figures were difficult to
determine due to poor access to affected areas. The Government provided
little or no protection or assistance to IDPs, many of whom were
forcibly resettled under dangerous conditions. IDPs did not have
unfettered access to domestic and international humanitarian
organizations, although the UNHCR had limited access to IDPs in
northern Rakhine State. Humanitarian organizations were denied access
to many IDPs in eastern regions along the Thai border on security
grounds. IDPs in these areas regularly suffered hardships as a result
of ongoing fighting between government army and insurgent groups,
according to credible observers along the border. In addition IDP women
frequently suffered rape, according to these observers.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has not established a system for providing protection to
refugees. The Government did not grant refugee status or asylum.
On December 2, authorities along the Thai--Laos--Burma border
detained 19 North Koreans who had fled the Democratic People's Republic
of Korea. They were detained for 29 days before being expelled from the
country. Government officials did not permit these persons to see
representatives from the UNHCR or foreign diplomatic missions.
The UNHCR continued to negotiate for permission to work with
``communities that are affected by displacement.'' Despite the fact
that the previous memorandum of understanding (MOU) between the
Government and the UNHCR expired in November 2007, the Government
continued to allow the UNHCR to provide humanitarian assistance to
Rohingyas in northern Rakhine State, whom the Government does not
recognize as citizens. At year's end discussions were ongoing between
the UNHCR and the Government regarding the UNHCR's status in that area.
A two-year MOU signed in 2007 permitted the UNHCR to work with
implementing partners in the southeast region, including parts of Karen
and Mon states and Tanintharyi Division. Under the MOU, UNHCR foreign
personnel also were permitted to monitor their project activities in
the region.
Stateless Persons.--According to the new constitution, the terms of
which were scheduled to take effect after the parliament is convened in
2010, citizenship is extended to all current citizens and anyone whose
parents are both nationals of the country as prescribed by law. This
provision is consistent with the 1982 Citizenship Law, still in force.
There are 135 officially recognized ``national races'' who qualify for
citizenship. Some members of native-born but so-called nonindigenous
ethnic populations, such as Chinese, Indians, Bengalis, some Eurasians,
and the country's Rohingya population, are not included in the list and
are denied the full benefits of citizenship based on their
nonindigenous ancestry. Of these, the majority--Muslim Rohingya fare
the worst, with nearly all of Rohingya denied any benefits of
citizenship.
According to the UNHCR, there were approximately 730,000 legally
stateless persons, mostly Rohingya, residing in northern Rakhine State
near the border with Bangladesh. Only persons who were able to prove
long familial links to the country were eligible to apply for
naturalization. The Government has never recognised the existence of
the ``Rohingya'' ethnicity and claims that the Muslim residents of
northern Rakhine State are merely the descendents of illegal immigrants
from Bangladesh who moved into the country during the British colonial
rule. The Government consistently denied citizenship to most Rohingyas
on the grounds that their ancestors did not reside in the country for
one year prior to the start of British colonial rule in 1824, as
required by the highly restrictive citizenship law.
Persons without full citizenship faced restrictions in domestic
travel. They were barred from certain advanced university programs in
medicine and technological fields and excluded from government
positions.
Rohingyas experienced severe legal, economic, and social
discrimination. The Government required them to receive prior approval
for travel outside their village tract of residence. Local residents
reported that the farther from home the applicant intended to travel,
the more difficult it was to obtain permission, with travel outside of
Rakhine State severely restricted. Rohingyas had extremely limited
access to higher education and could not work as civil servants,
including service as doctors, nurses, or teachers. Access to medical
care was extremely limited. Rohingyas did not have access to state-
operated schools beyond primary education. Rohingyas who did not
possess temporary identification cards did not have the right to vote
in the May constitutional referendum. A number of restrictions are in
place on the construction or renovation of mosques and religious
schools in northern Rakhine State. The authorities pursued a number of
other practices intended to maintain pressure on the group, including a
requirement to obtain official permission for marriages. Numerous
regulations inevitably led to high demands for unofficial fees and
created additional difficulties for the impoverished population.
The Government continued a program, supported by the UNHCR, that
issued temporary identification cards to stateless persons in northern
Rakhine State. At year's end the UNHCR estimated that approximately
385,000 stateless persons beyond the age of 10 possessed temporary
identification cards and that 210,000 persons remained undocumented.
The cards, which are necessary for many basic tasks such as seeking a
marriage license and travel authorization, did not confer citizenship
but, by confirming lawful residence, contributed to improving legal
status.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The regime continued its systematic use of coercion and
intimidation to deny citizens the right to change their government. The
regime continued to prevent the parliament elected in 1990 from
convening.
The new constitution provides for popularly elected legislators to
a bicameral parliament; however, it ensures that at least 25 percent of
the seats will be reserved for military members appointed by the
uniformed commander in chief of Defense Services. It also bars many
persons from office on the basis of not having resided in the country
for at least 10 consecutive years prior to election, prior misconduct
the regime deems is disqualifying, having accepted assistance from a
foreign government, or being entitled to citizenship of a foreign
nation. Additionally, while the constitution technically came into
effect in May, by the constitution's own terms, the SPDC will continue
to ``exercise state sovereignty'' until the parliament is convened in
2010.
Since 1962 active-duty military officers have occupied the most
important positions in the central government and in local governments,
and the regime placed active duty or retired military officers in
senior-level positions in almost every ministry. At year's end active-
duty or retired military officers occupied 30 of 33 ministerial-level
posts, including that of prime minister and the mayoral posts in
Rangoon, Mandalay, and the administrative capital, Nay Pyi Taw.
Elections and Political Participation.--On May 10, the regime held
a referendum to approve its draft constitution except in cyclone-
affected areas in Rangoon and Irrawaddy divisions, where the vote was
delayed until May 24. Nonetheless, on May 15, the regime announced that
98.12 percent of eligible voters had participated and that the
constitution had been approved by 92.48 percent of voters, figures that
no independent observers believed were valid. The regime did not permit
comprehensive election monitoring. It allowed diplomats to visit only
hand-picked polling places under supervision of the Ministry of Foreign
Affairs. Despite these restrictive conditions, foreign diplomatic
observers witnessed irregularities, including voters being photographed
by authorities and officials following voters into ballot booths.
Domestic and international human rights groups reported numerous, more
serious election irregularities, including voter intimidation and
ballot stuffing.
According to its terms, the constitution came into force the day it
was approved. However, the constitution specifies that the SPDC will
continue to ``exercise state sovereignty'' and ``carry out...all the
functions of the parliament'' until the parliament is convened. Thus,
even though the constitution went into effect, the SPDC and military
remained in control of all organs of government.
Women were excluded from political leadership. Members of certain
minority groups also were denied a role in government and politics.
There were no female or ethnic minority members of the SPDC, cabinet,
or Supreme Court.
Government Corruption and Transparency.--The law provides for
criminal penalties for official corruption; however, the Government
rarely and inconsistently enforced the anticorruption statute, and
officials frequently engaged in corrupt practices with impunity. A
complex and capricious regulatory environment fostered corruption.
Authorities usually enforced anticorruption laws only when the regime's
senior generals wanted to take action against officials whose egregious
corruption had become an embarrassment or when they wanted to punish
officials deemed a threat to the senior generals' power. Public
officials were not subject to financial disclosure laws.
The Government did not provide access to most official documents,
nor is there a law allowing for it. Most government data, even routine
economic statistics, were classified or tightly controlled. Government
policymaking was not transparent, with decision-making confined to the
top layers of government, and new government policies rarely were
published or explained openly.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government did not allow domestic human rights organizations to
function independently, and it remained hostile to outside scrutiny of
its human rights record.
Approximately 44 nonpolitical, international humanitarian NGOs
operated in the country. A few others had a provisional presence while
undertaking the protracted negotiations necessary to establish
permanent operations in the country. With the exception of relief
efforts directed at cyclone-affected areas, many international
humanitarian NGOs and UN agencies reported government pressure to limit
their activities, and access to human rights activists, prisoners, and
ethnic minorities by international personnel became more difficult.
UN agencies and NGOs continued to negotiate with the Government to
agree on mutually acceptable guidelines for the activities of
humanitarian organizations. The Burmese-language version of the
guidelines, released in 2006, contained measures that were more
restrictive than those in the English-language version.
The Government maintained travel restrictions on foreign
journalists, NGO staff, UN agency staff, and diplomats in most regions.
Human rights advocates regularly were denied entry visas unless
traveling under the aegis of a sponsor acceptable to the Government and
for purposes approved by the Government. The Government's monitoring of
the movements of foreigners, its frequent interrogation of citizens
concerning contacts with foreigners, its restrictions on the freedom of
expression and association of citizens, and its practice of arresting
citizens who passed information about government human rights abuses to
foreigners obstructed efforts to investigate human rights abuses.
Reports of abuses, especially those committed in prisons or ethnic
minority areas, often emerged months or years after the abuses
allegedly were committed and seldom could be verified.
After Cyclone Nargis struck in May, the Government required NGOs,
the UN, and foreign aid agencies to obtain permission to travel to the
cyclone-affected areas but generally granted permission. Authorities
often allowed staff to travel to these areas ``unaccompanied,''
although SB police monitored many visits. Some international NGOs and
UN agencies were required to have a government representative accompany
them on field visits to other areas of the country, at the NGOs' or
UN's expense, although this rule was not consistently enforced. Foreign
staff often experienced difficulty obtaining permission to travel to
project sites outside of the cyclone-affected areas.
There were several high-level visits by UN officials during the
year. UN Secretary-General Ban Ki-Moon visited twice in May to address
the international humanitarian relief efforts undertaken in the
aftermath of Cyclone Nargis. On May 22, Ban participated in a
government-run tour of cyclone-affected areas in the Irrawaddy Delta.
The next day he traveled to Nay Pyi Taw, where he met with Senior
General Than Shwe. Ban returned to the country on May 25 to attend an
international donor conference on cyclone relief.
UN Special Envoy Gambari visited the country in March and August.
During his March visit, he met with eight ministers and the committee
responsible for organizing the May constitutional referendum. As in
previous visits, he was granted a supervised meeting with Aung San Suu
Kyi and several members of the NLD's CEC. During his August visit,
Gambari met with Prime Minister Thein Sein, other government officials,
the NLD CEC, and foreign diplomats. However, unlike during past visits,
Gambari did not meet with Aung San Suu Kyi, reportedly because she
refused to meet with him. On August 29, the NLD issued a statement
denouncing his mission as ineffectual.
In early August UN Special Rapporteur on Human Rights for Burma
Tomas Ojea Quintana met with several government officials. He also
visited the Irrawaddy Delta and met with the Cyclone Nargis Tripartite
Core Group, consisting of the UN, the Association of Southeast Asian
Nations, and the Government. Although his schedule was tightly
controlled, he was permitted to visit Insein Prison, where Ojea
Quintana insisted on meeting privately with five political prisoners:
Win Tin, U Gambira, Su Su Nwe, Kyaw Kyaw, and Thurein Aung. He had a
10-minute meeting with the NLD's CEC as well as meetings with the
Government-sponsored National Union Party.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The new constitution prohibits discrimination on the basis of
``race, birth, religion, official position, status, culture, sex, and
wealth.'' However, the SPDC continued to rule by decree and was not
bound by any constitutional or statutory provisions concerning
discrimination based on race, gender, disability, language, or social
status.
Women.--Rape is illegal, but the Government did not enforce the law
effectively. If the victim is under 14 years of age, the act is
considered rape with or without consent. In such cases the maximum
sentence is two years' imprisonment when the victim is between ages 12
and 14, and 10 years' to life imprisonment when the victim is under 12.
Spousal rape is not a crime unless the wife is under 14.
The Government did not release statistics regarding rape; however,
it stated that rape was not common in populous urban areas but occurred
more often in remote areas. The regime did not release any statistics
concerning the number of rape prosecutions and convictions.
Domestic violence against women, including spousal abuse, remained
a problem; however, because the Government did not maintain statistics
related to spousal abuse or domestic violence, it was difficult to
measure. There are no laws specifically against domestic violence or
spousal abuse, although there are laws related to committing bodily
harm against another person. The related prison terms range from one
year to life, in addition to possible fines. The Government-affiliated
MWAF sometimes lobbied local authorities, including the police, to
investigate domestic violence cases involving spousal abuse. Since the
MWAF is controlled by wives of regime leaders, police usually
investigated such cases referred to them by the group.
Prostitution is prohibited by law and punishable by three years in
prison; however, its prevalence grew in urban areas, particularly in
some of Rangoon's ``border towns'' and ``new towns,'' populated chiefly
by poor families who were relocated forcibly from older areas of the
capital.
There are no laws against sexual harassment, which continued to be
a problem.
Women remained underrepresented in most traditionally male
occupations and were effectively barred from certain professions,
including the military officer corps. Poverty affected women
disproportionately. Women did not receive equal pay for equal work on a
consistent basis. Women legally are entitled to receive up to 26 weeks
of maternity benefits, but in practice these benefits often were not
accorded them.
There were no independent women's rights organizations, although
there were several groups with some relationship to the Government. The
MWAF, chaired by the wife of former prime minister General Soe Win, was
the leading ``nongovernmental'' women's rights organization. With
branches in all 14 states and divisions, it was the primary government
organization responsible for addressing women's interests. The Myanmar
Maternal and Child Welfare Association, another government-controlled
agency, provided assistance to mothers and children. These
organizations were closely allied with the Government and conducted
activities that furthered government objectives. The Myanmar Women
Entrepreneurs' Association, a professional society for businesswomen,
provided loans to women starting new businesses. While not controlled
by the Government, the association enjoyed good relations with the
Government and was allowed to conduct its activities to support women
in business.
Children.--The Government did not dedicate significant resources to
protecting the rights and welfare of children. Children were at high
risk, as deteriorating economic conditions forced destitute parents to
take them out of school to work in factories and teashops or to beg.
Many were placed in orphanages. With few or no skills, increasing
numbers of children worked in the informal economy or in the street,
where they were exposed to drugs, petty crime, risk of arrest,
trafficking for sex and labor exploitation, and HIV/AIDS.
Rohingya Muslims who returned to Rakhine faced difficulty when
attempting to register births of their children.
By law education is compulsory, free, and universal through the 4th
standard (approximately age 10). However, the Government continued to
allocate minimal resources to public education. There has been a growth
in private educational institutions to fill the gap, despite a law
requiring private schools to obtain government authorization to collect
tuition. Additionally, due to extremely low teachers' wages, many
parents had to supplement teachers' salaries in order to send their
children to school. Rates of school attendance were low, largely due to
increasing economic hardship. The UN Children's Fund (UNICEF) reported
that 50 percent of primary school students left school before finishing
the 4th standard.
There are laws prohibiting child abuse, but they were neither
adequate nor enforced. The Government stated that child abuse was not a
significant problem. However, accurate statistics were not available,
and some international NGOs believed the problem was more widespread
than the Government acknowledged.
Trafficking in girls for the purpose of prostitution--especially
Shan girls who were sent or lured to Thailand--persisted as a major
problem. In Rangoon and Mandalay, foreign diplomatic representatives
noted widespread presence of female prostitutes who appeared to be in
their teens. Additionally, some brothels reportedly offered young
teenage ``virgins'' to their customers for a substantial additional
fee.
Trafficking in Persons.--Although there are laws prohibiting
trafficking in persons, trafficking, including of children, remained a
problem; however, there were no reliable statistics regarding its
extent. Laws specifically prohibiting child prostitution and child
pornography were not enforced effectively. In addition to forced labor
and forced recruitment of adult and child civilians to work as
soldiers, victims were trafficked to East and Southeast Asia and the
Middle East for sexual exploitation, domestic servitude, and bonded
labor.
Government data showed that Thailand was the primary destination
for trafficking victims, with much smaller numbers going directly to
China, Malaysia, Bangladesh, the Republic of Korea, and Macau.
Young women and girls were at high risk for trafficking for the
purpose of sexual exploitation, while both young men and women were
trafficked to East and Southeast Asia and the Middle East for domestic
servitude and bonded labor. Victims of trafficking faced hazardous
conditions, including sexual and physical abuse by their traffickers,
poor nutrition and sanitary conditions, and disease, including
tuberculosis and HIV/AIDS.
Shan and other ethnic minority women and girls were trafficked
across the border from the north; Karen and Mon women and girls were
trafficked from the south. There was evidence that internal trafficking
generally occurred from poor agricultural and urban centers to areas
where prostitution flourished (trucking routes, mining areas, military
bases, and industrial areas) as well as along the borders with Thailand
and China. Men and boys also reportedly were trafficked to other
countries for sexual exploitation and labor.
Some human traffickers appeared to be free-lance, small-scale
operators using village contacts to send victims to trafficking
brokers. Brokers were primarily foreign, but some Burmese brokers
operated in Thailand and China.
The penalties for trafficking women and minors is 10 years to life;
for trafficking men, five to 10 years; for fraud for the purpose of
trafficking, three to seven years; for using trafficked victims for
pornography, five to 10 years; for trafficking with an organized
criminal group, 10 years to life; for serious crime involving
trafficking, 10 years to life or the death penalty; for a public
official accepting money related to an investigation of the trafficking
law, three to seven years. All penalties also include the option of a
fine.
The Government made limited progress against trafficking in
persons. Officials recognized the importance of preventing cross-border
trafficking and prosecuting traffickers, although they often conflated
human smuggling and human trafficking, and they did little to combat
domestic trafficking and took no action on forced labor. Authorities
claimed to identify more than 400 traffickers involved in 191 separate
cases in 2006; the Government took action against 274 offenders, of
whom 65 were convicted, and returned 419 trafficking victims, according
to police reports. Most of those convicted received sentences of less
than five years. Since the Government did not accurately distinguish
between human traffickers and smugglers, the actual number of
traffickers convicted was probably less.
The Ministry of Home Affairs continued to maintain that there was
no complicity of government officials in trafficking; however,
corruption among local government officials was widespread. NGOs
reported that government officials were complicit in trafficking,
although it appeared limited to local and regional officials turning a
blind eye to trafficking activities. Authorities took no law
enforcement action against trafficking by government or military
officials. Although corruption was pervasive along the borders, there
were no reports of action taken against officials complicit in
profiting from or involved in trafficking.
The Government had four vocational training centers and one house
to shelter female trafficking victims; male victims were temporarily
sheltered in training schools. The Government insisted that repatriated
victims stay for one month in these centers, where they were confined
contrary to international norms of victim protection.
The MWAF and the Department of Social Welfare provided some basic
health and compulsory counseling services and job training for
trafficking victims before turning them over to an NGO or returning
them to their families. However, government funding for these programs
was very limited.
The Government made it difficult for single women to obtain
passports or marry foreigners, ostensibly to reduce the outflow of
women as victims of trafficking. Regulations forbid females under the
age of 25 from crossing the border unless accompanied by a guardian,
but most trafficked women crossed the border without passports.
The Ministry of Home Affairs placed antitrafficking units at nine
locations known for frequent trafficking. With assistance from
international NGOs, the Government conducted training and advocacy
workshops and also approved nationwide television and radio
announcements and distribution of materials at the state/division
level.
The Government worked with the UN Inter--Agency Project on Human
Trafficking to sponsor seminars for national, state/division, and
lower-level authorities and received training from the Asia Regional
Trafficking in Persons Project.
On February 7, the Government approved a National Action Plan
against Trafficking in Persons. The five-year plan lays out the
Government's priorities for 2007-2011. A senior police official stated
that the Government's priorities included conducting training courses,
improving support services provided to victims, raising public
awareness, and improving coordination with neighboring countries on
cross-border trafficking-in-persons matters.
International and local NGOs offered poverty alleviation and
educational programs designed to counter trafficking. These programs
were moderately successful.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The Government did not actively
discriminate against persons with disabilities in employment, access to
health care, education, or the provision of other state services, but
there were few official resources to assist persons with disabilities.
There are no laws mandating accessibility to buildings, public
transportation, or government facilities, and persons with disabilities
faced societal discrimination. There were several local and
international organizations that assisted persons with disabilities,
but most such persons had to rely exclusively on their families to
provide for their welfare.
Military veterans with disabilities received benefits on a priority
basis, usually a civil service job at equivalent pay. In principle,
official assistance to nonmilitary persons with disabilities included
two-thirds of pay for up to one year for a temporary disability and a
tax-free stipend for permanent disability; however, the Government did
not provide job protection for private sector workers who became
disabled.
The Ministry of Health is responsible for medical rehabilitation of
persons with disabilities, and the Ministry of Social Welfare is
responsible for vocational training. The Government operated three
schools for the blind, two for the deaf, two rehabilitation centers for
adults with disabilities, and two for children with disabilities.
However, the Government provided inadequate funds for its schools and
programs for persons with disabilities.
National/Racial/Ethnic Minorities.--Wide-ranging governmental and
societal discrimination against minorities persisted. Animosities
between the country's many ethnic minorities and the Burman majority,
which has dominated the Government and the armed forces since
independence, continued to fuel active conflict that resulted in
serious abuses during the year. The abuses included reported killings,
beatings, torture, forced labor, forced relocations, and rapes of Chin,
Karen, Karenni, Rohingya, Shan, Mon, and other ethnic groups by
government soldiers. Some armed ethnic groups also may have committed
abuses, but on a much smaller scale than the Government army.
Rohingya Muslims who returned to Rakhine State were discriminated
against because of their ethnicity. Returnees faced severe restrictions
on their ability to travel, engage in economic activity, obtain an
education, and register births, deaths, and marriages.
Ethnic minority groups generally used their own languages at home.
However, throughout all parts of the country controlled by the
Government, including ethnic minority areas, Burmese remained the
mandatory language of instruction in state schools, and teaching in
local languages was not offered. Even in ethnic minority areas, most
primary and secondary state schools did not offer instruction in the
local ethnic minority language. There were very few domestic
publications in indigenous minority languages.
The Government continued to resettle groups of ethnic Burmans in
various ethnic minority areas through the establishment of ``model
villages'' in Rakhine State and other regions. Many of these new
inhabitants had been released from prison on the condition that they
resettle in a ``model village.'' Government jobs in ethnic minority
regions, including as teachers, were increasingly reserved for ethnic
Burmans, according to reports from Kachin and Kayah states.
There were ethnic tensions between Burmans and nonindigenous ethnic
populations, including South Asians, many of whom were Muslims, and a
rapidly growing population of Chinese, most of whom emigrated from
Yunnan Province. Chinese immigrants increasingly dominated the economy
of the northern part of the country.
Other Societal Abuses and Discrimination.--Many citizens viewed
homosexuals with scorn. Penal code provisions against ``sexually
abnormal'' behavior were applied to charge gays and lesbians who drew
unfavorable attention to themselves. Nonetheless, homosexuals had a
certain degree of protection through societal traditions.
HIV-positive patients were discriminated against, although HIV
activists reported that awareness campaigns helped to reduce
discrimination and stigma. However, some persons reportedly were
reluctant to visit clinics that treat HIV/AIDS patients for fear of
being suspected of having the disease.
Section 6. Worker Rights
a. The Right of Association.--The law permits workers to form trade
unions with the prior consent of the Government; however, no free trade
unions existed in the country. Domestic and internationally affiliated
unions are not allowed, nor is individual membership in unions.
The Government maintained its 2006 ruling that criminalizes contact
with the Federation of Trade Unions--Burma (FTUB), claiming it is a
``terrorist group.''
The Government forbade seafarers who found work on foreign vessels
through the Seafarers Employment Control Division from having contact
with the Seafarers' Union of Burma (SUB)-affiliated to the Government-
banned FTUB--and the International Transport Workers' Federation, and
the Government often refused to document seafarers who were abroad,
which made it impossible for a seafarer to find regular employment.
The law prohibits labor strikes, although employees at a number of
large factories organized more than 60 informal strikes during the year
and in many cases won higher wages. Most strikes were resolved without
government intervention, but in some cases authorities pressured
workers and employers for resolution.
In July a single judge on the Supreme Court rejected the appeals of
six labor activists--Thurein Aung, Kyaw Kyaw, Wai Lin (Wai Aung), Nyi
Nyi Zaw, Kyaw Win (Wanna), and Myo Min--arrested in connection with a
labor rights seminar in Rangoon in May 2007 and sentenced in September
2007 to 20 to 28 years' imprisonment for sedition, reportedly without
proper legal representation. In November labor rights activist Su Su
Nway, who had successfully brought a forced labor complaint to the ILO
in 2006 but subsequently was arrested for supporting the Saffron
Revolution, was sentenced to more than 12 years' imprisonment for
sedition.
These convictions were in addition to previously incarcerated FTUB
leaders and labor activists serving long-term sentences, including FTUB
Central Executive Committee member Myo Aung Thant, U Aung Thein, Khin
Maung Win, Ma Khin Mar Soe, Ma Thein Thein Aye, U Aung Moe Tin Oo, Kyi
Thein, Chaw Su Hlaing, U Tin Hla, and 10 FTUB organizers in the Pegu
area.
b. The Right to Organize and Bargain Collectively.--The Government
generally does not allow workers to organize or bargain collectively.
However, Workers' Supervision Committees (WSCs) have been created in
some government-designated industrial zones. The WSCs were composed of
four representatives of the workers and chaired by the factory owner.
In some cases, particularly in wholly WSC foreign-owned companies,
workers were permitted to elect their representatives. However, in many
companies management selected the workers' representatives to the WSC.
On average WSCs met monthly to discuss grievances. If a dispute could
not be resolved at the factory level, it was referred to a township
committee chaired by the township chairman. The township committee
attempted to resolve the problem through negotiation or, if necessary,
arbitration. During the period that a dispute is before the WSC
process, the workers must continue their work, and demonstrations are
prohibited.
The Government's central arbitration board, which once provided a
means for settling major labor disputes, remained dormant, although the
Ministry of Labor reportedly played an arbitration role in settling
some disputes. Township WSCs addressed minor labor concerns. Local
labor authorities intervened as mediators in informal labor strikes to
ensure peaceful resolutions between workers and employers.
The Government unilaterally set wages in the public sector. In the
private sector, market forces generally set wages; however, the
Government pressured joint ventures to pay salaries no greater than
those of ministers or other senior government employees. Some joint
ventures circumvented this with supplemental pay or special incentive
systems. Foreign firms generally set wages near those of the domestic
private sector but followed the example of joint ventures in awarding
supplemental wages and benefits.
There are no export processing zones; however, there are special
military-owned industrial parks. Labor laws are applicable in all
industrial zones and across all industries, but they were not always
enforced.
c. Prohibition of Forced or Compulsory Labor.--The law provides for
the punishment of persons who impose forced labor on others. However,
government and military use of forced or compulsory labor remained a
widespread and serious problem, particularly targeting members of
ethnic minority groups. Throughout the country international observers
verified that the Government routinely forced citizens to work on
roads, construction, and other maintenance projects. Citizens also were
forced to work in the military-owned industrial zones.
The Government's use of forced labor in support of military
garrisons or military operations remained serious in ethnic or
religious minority regions. According to credible NGO sources,
villagers were ordered to build or repair military camp infrastructure
and perform other tasks within the camps, such as standing guard. The
same sources also reported that villagers were required to bring
lumber, at their own expense, to construct and repair military
facilities.
During the year NGOs presented credible evidence that the army
continued to use ethnic Karen villagers as porters in attacks against
Karen villages in Bago Division and Karen and Kayah states.
The ILO reported that military units continued to issue oral rather
than written demands to village heads to provide forced labor. The ILO
also reported that in some cases the Government substituted demands for
forced labor with demands for forced contributions of materials,
provisions, or money. The ILO reported that since 2002 the Government
increasingly used prisoners not sentenced to hard labor in place of
civilians as forced laborers, possibly due to international pressure
against the use of civilians.
Reports of forced labor for smaller projects in villages
countrywide persisted. Authorities also continued to use forced labor
countrywide to maintain existing civil infrastructure, including
transportation and irrigation facilities. Authorities often allowed
households or persons to substitute money or food for labor for
infrastructure projects, but widespread rural poverty forced most
households to contribute labor. Parents routinely called upon children
to help fulfill their households' forced labor obligations.
There were reports from nearly every division and state that
authorities forced citizens to buy and plant physic nut trees on public
and private property as part of the regime's campaign to produce more
biodiesel fuel. Those who tried to avoid planting the trees were
frequently threatened with fines.
In February the 2007 Supplementary Understanding, an agreement
between the Government and the ILO, was extended for an additional 12
months. Under the agreement the Government allows the ILO to set up a
system allowing citizens to register complaints with the ILO without
government retaliation; it also requires the Government and the ILO to
investigate jointly allegations of labor abuses referred by the ILO.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets a minimum age of 13 for the employment of children, but in
practice the law was not enforced. Child labor was prevalent and highly
visible. In cities children were employed primarily in small or family
enterprises. In rural areas children worked in family agricultural
activities. Children working in the urban informal sector in Rangoon
and Mandalay often began work at very young ages. In cities child
workers were found mostly in the food processing, street vending,
refuse collecting, and light manufacturing industries and as restaurant
and teashop attendants.
The law does not prohibit compulsory labor by children, and
children were subjected to forced labor. Authorities reportedly rounded
up teenage children in Rangoon and Mandalay and forced them into
porterage or military service.
No specific government agency was designated to enforce child labor
laws. UNICEF continued to work with the Ministry of Labor to facilitate
several interagency meetings and workshops on the protection of
children. UNICEF representatives stated that the Government worked with
them to disseminate the minimum standards for the protection of working
children.
e. Acceptable Conditions of Work.--Only government employees and
employees of a few traditional industries were covered by minimum wage
provisions. The minimum monthly wage for salaried public employees
remained on a par with the market monthly wage of 15,000 kyat
(approximately $11.50) for what was in effect an eight-hour workday.
The rate for day laborers was 500 kyat ($0.38) per day. Various
subsidies and allowances supplemented this sum. Neither the minimum
wage nor the higher wages earned by senior officials provided a worker
and family with a decent standard of living. Low real wages in the
public sector fostered widespread corruption and absenteeism. In the
private sector, urban laborers earned 500 to 1,000 kyat ($0.38 to
$0.75) per day, while rural agricultural workers earned approximately
half that rate. Some private sector workers earned substantially more;
for example, a skilled factory worker earned 30,000 kyat ($23) per
month, according to private sector employers.
A surplus of labor, a poor economy, and the lack of protection by
the Government continued to foster substandard conditions for workers.
The law prescribes a five-day, 35-hour workweek for employees in the
public sector and a six-day, 44-hour workweek for private and state
enterprise employees, with overtime paid for additional work. Factory
workers at state-owned enterprises must work 44 to 48 hours per week,
depending on the type of factory. The law also allows for a 24-hour
rest period per week, and workers are permitted 21 paid holidays per
year; however, in practice such provisions benefited only a small
portion of the labor force, since most was engaged in rural agriculture
or the informal sector. The laws were generally enforced in the
Government sector, but there were frequent violations by private
enterprises.
Numerous health and safety regulations existed, but the Government
did not enforce them. Although workers may remove themselves from
hazardous conditions, many could not expect to retain their jobs if
they did so.
__________
CAMBODIA
Cambodia is a constitutional monarchy with an elected government
and a population of approximately 14 million. In national elections on
July 27, the Cambodian People's Party (CPP), led by Prime Minister Hun
Sen, won 90 of 123 National Assembly seats. Most observers assessed
that the elections took place in an overall peaceful atmosphere with an
improved process over past elections. However, observers noted the
elections did not fully meet international standards. The CPP continued
to dominate the three branches of government and other national
institutions, with most power concentrated in the hands of the prime
minister. Although the civilian authorities nominally controlled the
security forces, in many instances security forces acted under
directives of the CPP leadership.
The Government's human rights record remained poor. Security forces
committed extrajudicial killings and acted with impunity. Detainees
were abused, often to extract confessions, and prison conditions were
harsh. Human rights monitors reported arbitrary arrests and prolonged
pretrial detention, underscoring a weak judiciary and denial of the
right to a fair trial. Land disputes and forced evictions were a
continuing problem. The Government restricted freedom of speech and the
press and at times interfered with freedom of assembly. Corruption was
endemic. Domestic violence and child abuse occurred, education of
children was inadequate, and trafficking in women and children
persisted. The Government offered little assistance to persons with
disabilities. Antiunion activity by employers and weak enforcement of
labor laws continued, and child labor in the informal sector remained a
problem.
On February 15, the Government passed and promulgated a
comprehensive Law on Suppression of Human Trafficking and Sexual
Exploitation containing provisions criminalizing all forms of human
trafficking. By year's end the Cambodian National Police had arrested
perpetrators in 48 trafficking-in-persons and related cases, and the
courts had convicted at least 12 persons on trafficking-related
charges.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed politically
motivated killings; however, human rights nongovernmental organizations
(NGOs) reported that extrajudicial killings continued to occur.
From January to August, the Cambodian Human Rights and Development
Association (ADHOC) recorded 40 cases of extrajudicial killings, 16 of
which allegedly were committed by police, 15 by soldiers, and the
remaining nine reportedly by local-level government officials. Police
arrested suspects in at least three cases.
On April 13, a Palhal Commune police officer in Tbeng Meanchey
District, Preah Vihear Province, shot and killed Buern Soksina during a
motorcycle chase. The victim reportedly was unarmed. The officer paid
the victim's family five million riels (approximately $1,250). At
year's end there was no arrest in the case, and the police officer
remained on duty.
On April 12, a villager who had sustained head injuries after
government security forces beat him during the November 2007 Preah
Vihear eviction died. An NGO reported that the victim had remained in
pretrial detention until April 6, when he was taken to the hospital for
medical treatment. According to the NGO, a hospital doctor stated that
the deceased died from a previously undiagnosed brain disease; however,
the NGO claimed that the villager died from head injuries.
On October 2, military soldier Heng Phanith reportedly opened fire
into a small crowd gathered near his parked car after the soldier found
damage to his car, killing bystander Suon Chanthoeun and injuring two
others. Heng Phanith fled the scene, and at year's end his whereabouts
were unknown. The Phnom Penh Municipal Court reportedly issued an
arrest warrant for the soldier. His family reportedly paid monetary
compensation to the deceased victim's family and was negotiating to
compensate one of the other victims.
Political and human rights activists continued to be the victims of
killings, but NGOs, international organizations (IOs), and police could
not confirm that the deaths were politically motivated. During the year
there were as many as 17 killings of political activists reported, with
NGO and IO investigations coming to different conclusions and
indicating that anywhere from none to seven of the killings may have
been politically motivated.
On May 7, villagers in Tak O'Khang Cheung Village, Kirivong
District, Takeo Province, found in an irrigation channel the body of
Cheang Sorm, reportedly a former CPP activist who a local Human Rights
Party (HRP) chief claimed had switched to the HRP. CPP officials denied
the deceased had switched parties. A police investigation concluded
that Cheang Sorm died after accidentally falling and closed the
investigation. An NGO reportedly viewed photos of Cheang Sorm's corpse
showing his head twisted in a way that suggested his neck may have been
broken and his front teeth broken and missing. One NGO investigation
concluded that the incident was politically motivated.
On May 17, Norodom Ranariddh Party (NRP) Deputy Chief Sok Run in
Banteay Dek Commune, Kien Svay District, Kandal Province, was found
dead in an irrigation channel with bruises on his back and signs of
bleeding from his nose, ears, and eyes. He was last seen alive walking
home after inviting village NRP members to a meeting. A local police
investigation concluded that Sok Run accidentally fell to his death.
NGO investigations concluded that an unidentified assailant caused the
injuries and that the death was politically motivated.
On July 11, unidentified assailants on a motorcycle shot and killed
journalist Khem Sambo, known for his work for pro-opposition Sam Rainsy
Party (SRP) newspaper Moneaksekar Khmer, and his 22-year-old son, Khat
Sarintheada. Some investigators noted eyewitness accounts that after
shooting Khem Sambo and driving away, the assailants returned to the
scene and fired additional shots at his son. At year's end the
investigation was ongoing, and the identity of the killers and their
motive remained unknown.
There were no developments in the following cases: the February
2007 death of Khmer Kampuchea Krom monk Eang Sok Thoeurn, who was found
with his throat cut in Kandal Province; the February 2007 killing of
SRP activist Chea Sovin, who was shot in Battambang Province; the April
2007 incident involving police officer Siv Soeun, who killed a person
in Kampong Cham Province; or the July 2007 killing of SRP commune level
vice party chairperson Kleb Un.
There were no developments in the following 2006 deaths: SRP
activists Koent Chhuon and Thoeung Thear; Pao Rum and Khat Thoeun; 10
inmates killed after escaping from Kampong Thom and Battambang prisons;
and Nong Sam.
Mines dating from the Indochina conflict and Khmer Rouge period
continued to cause casualties. According to the Cambodia Mine/UXO
Victim Information System, during the year mines and unexploded
ordnance caused 47 deaths, 47 amputations, and 169 other injuries.
Local NGOs reported two mob killings during the year-one related to
a gambling dispute, the other to a theft. No suspects were arrested in
the cases. An NGO reported five cases of mob killings in 2007. In
previous years NGOs noted that a majority of mob killings were related
to thefts, robberies, or suspected witchcraft.
There were no developments in the June 2007 mob killings in Kampong
Speu and Kampong Chhnang provinces.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year.
On June 28, a Vietnam prison released Khmer Kampuchea Krom monk Tim
Sakhorn, head of a pagoda in Takeo Province who disappeared from
Cambodia in June 2007; at year's end he was reportedly under house
arrest in Vietnam with constant police surveillance.
In the August 2007 disappearance of Land Border Protection Unit 504
soldier Im Bun Ny, at year's end there were no arrests, and Im Bun Ny
remained missing. Four soldiers from his unit reportedly paid
compensation to the victim's family. The soldiers allegedly had beat Im
Bun Ny to death and buried his body.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however,
beatings and other forms of physical mistreatment of police detainees
and prison inmates continued to be a serious problem.
There were credible reports that military and civilian police
officials used physical and psychological torture and on occasion
severely beat criminal detainees, particularly during interrogation.
NGO reports stated that authorities allegedly tortured at least 85
prisoners, of whom 78 were tortured in police custody and seven in
prisons. Kicking, punching, and pistol whipping were the most common
methods of physical abuse, but techniques also included electric
shocks, suffocation, caning, and whipping with wire. NGOs reported that
it was not uncommon for police to torture detained suspects until they
confessed to a crime. Courts used forced confessions as legal evidence
during trial despite admissibility prohibitions under the law.
ADHOC noted that there were 110 cases of physical assaults on
civilians by local authorities, government agents, or private
bodyguards during the year, compared with 181 cases in 2007.
At year's end there was no arrest in connection with the May 2007
case of Kampong Speu Province military police officer Prak Vutha, who
reportedly arrested and beat unconscious a man named Sok Soeun.
There were no developments in the following 2006 cases: two
policemen from Border Protection Unit 701 implicated in the beating of
a 13 year old boy, Police Commissioner Team Sangkriem in Preah Vihear
Province and three other police agents who detained Kong Salath without
a warrant and beat him, and Battambang military police who reportedly
beat a motorist. In the 2006 case of Tous Sdoeung, whom two military
police officials allegedly tortured to death, there were no arrests or
court action; the police officials reportedly paid compensation to the
victim's family.
Reliable reports indicated that some police and the Ministry of
Social Affairs, Veterans, and Youth Rehabilitation (MOSAVY) guards
raped, physically abused, robbed, and extorted some detainees in police
custody and MOSAVY rehabilitation centers.
Prison and Detention Center Conditions.--Prison conditions did not
meet international standards. Conditions remained harsh and at times
were life threatening. Government efforts to improve them continued to
be hampered by a lack of funds and weak enforcement. Human rights
organizations cited a number of serious problems, including
overcrowding, medical and sanitation problems, food and water
shortages, malnutrition, and poor security.
There were reports at some prisons that cells of 40 by 20 feet held
up to 110 prisoners. At Correctional Center 1 prison, cells of 26 by 26
feet held an average of 50 prisoners. In some prisons authorities used
shackles and held prisoners in small, dark cells as a form of harsher
punishment. There were reports that at least 36 prisoners died in
custody in 18 prisons during the year.
On April 6, in the Toul Sangke area of Russei Keo District in Phnom
Penh, a mob beat Bun Vannarith for allegedly stealing a necklace. After
police arrived on the scene, they took the man to the hospital for
treatment but then removed him with a doctor's approval and placed him
in police detention. Police later found Bun Vannarith dead in his cell;
there was no police investigation of his death.
On April 28, 21-year-old prisoner Yan Sok Kea died at Preah
Monivong Hospital, reportedly from a high fever. An NGO believed the
death was the result of delays in providing medical treatment.
On November 21, 24-year-old prisoner Heng Touch died at Calmette
Hospital in Phnom Penh. Prey Sar prison officials reported that Heng
Touch was trying to kill himself by banging his head against a wall.
However, persons close to the victim reported that before Heng Touch
was sent to the hospital, he told them that he had been beaten with a
metal rod wrapped with cloth. An NGO reported Heng Touch had serious
injuries to his skull and torso. A hospital medical certificate stated
that he suffered multiple traumas and died while in a coma. The
victim's family filed a complaint to the Phnom Penh Municipal Court,
and the court investigation reportedly was ongoing at year's end.
An NGO reported that one elderly woman died while in detention in
one of the MOSAVY rehabilitation centers, having had no access to
medical care.
Government ration allowances for purchasing prisoners' food
routinely were misappropriated and inadequate, exacerbating
malnutrition and disease. One NGO claimed that in some cases prison
authorities sold the NGO's donations of supplemental food intended for
prisoners. According to rights organizations, families had to bribe
prison officials to visit prisoners or provide food and other
necessities. NGOs reported that prisoners whose families bribed prison
authorities received preferential treatment including access to
visitors, transfer to better cells, and the opportunity to leave cells
during the day.
There were credible reports that officials demanded bribes before
allowing prisoners to attend trials or appeal hearings and before
releasing inmates who had served full jail terms.
In most prisons there was no separation of adult and juvenile
prisoners, of male and female prisoners, or of persons convicted of
serious crimes and persons detained for minor offenses. Pretrial
detainees were routinely held together with convicted prisoners. As of
December 703 minors ages 13 to 17 reportedly were incarcerated, and
many were held in prisons that did not have facilities to separate
minors from adult prisoners. Also as of December, it was reported that
three pregnant women were in prison, and at least 43 children were
detained together with their mothers.
The Government generally continued to allow international and
domestic human rights groups, including the International Committee of
the Red Cross, to visit prisons and provide human rights training to
prison guards. However, NGOs reported that at times cooperation from
local authorities was limited, sometimes making it difficult to gain
access to pretrial detainees. The Ministry of Interior (MOI) continued
to require that lawyers, human rights monitors, and other visitors
obtain permission prior to visiting prisoners. The MOI withheld such
permission in some politically sensitive cases. Contrary to previous
years, at times officials permitted NGOs to interview prisoners in
private.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, at times the Government did not respect
these prohibitions. The criminal procedures code allows for pretrial
detention of up to six months for misdemeanors and 18 months for
felonies. Legal Aid of Cambodia reported that some accused were held in
pretrial detention longer than the legal time limit, sometimes without
legal representation or trial. Additionally, some courts lost case
files during pretrial detention periods, delaying court procedures.
ADHOC reported at least 96 cases of illegal arrest or detention
during the year. ADHOC stated that victims in 46 illegal detention
cases subsequently were freed following detainee complaints,
interventions by human rights NGOs, or payment of bribes. ADHOC
believed that the actual number of arbitrary arrests and detentions was
somewhat higher, because some victims in rural areas did not file
complaints due to difficulty in traveling to the NGO's offices or out
of fear for their family's security. According to ADHOC, authorities
took no legal or disciplinary actions against the persons responsible
for the illegal actions.
Role of the Police and Security Apparatus.--The General
Commissariat of the National Police, which is under the supervision of
the MOI, manages all civilian police units. The police forces are
divided into those who have the authority to make arrests, those
without such authority, and the judicial police. Military police are
permitted to arrest civilians on military property or when authorized
by local governments.
Police officials killed citizens and committed other abuses with
impunity, and in most cases the Government took little or no action.
There were reports that police, prosecutors, investigating judges, and
presiding judges received bribes from owners of illegal businesses.
The law requires police, prosecutors, and judges to investigate all
complaints, including those of police abuses; however, in practice
judges and prosecutors rarely conducted an independent investigation
prior to a public trial. Presiding judges passed down verdicts based
only on written reports from police and witness testimonies. In general
police received little professional training. Police who failed to
prevent or respond to societal violence were rarely disciplined.
On July 11, Brigade 70 Major Meur Bora reportedly beat two men
after the vehicle they were driving scratched the side of Meur Bora's
vehicle. Phnom Penh police detained Meur Bora overnight but released
him the next day after he gave money to the victims. There was no
further police or court investigation into the case.
On August 3, the unidentified driver of a vehicle belonging to the
prime minister's nephew struck and killed a man on a motorcycle. Local
police stationed nearby reportedly left the scene without taking
action. Military police arrived; however, the driver later left the
scene without charge. Several days later the victim's family was
reported to have been paid $4,000 in compensation. There was no report
of further police or court investigation into the case.
On September 4, a person believed by some witnesses to be a
government bodyguard shot and killed a woman while reportedly playing
with a gun during a drinking bout in a restaurant in Kandal Province.
Later that night Phnom Penh police arrested the perpetrator; however,
the court released him without charges. The alleged perpetrator
reportedly gave 10.8 million riel ($2,700) to the victim's family as
compensation. At year's end the case was under review by the Kandal
Provincial Court investigating judge.
There were no developments in the following 2006 cases: an antidrug
department and military police officer who shot and injured singer
Sovansocheata; two Brigade 70 military unit officials who shot and
injured a person in Phnom Penh; a military officer who shot and injured
a garment factory worker; or the appeal of the 2006 acquittal of three
judges, two deputy prosecutors, and two court clerks originally
convicted, then retried after appeal on finding of a mistrial, on
charges of corruption and corruption related conspiracy. In the 2006
case of three police officials accused of raping a 12 year old girl, on
July 4, the Siem Reap Provincial Court convicted in absentia the
officials to 17 years in prison each. However, police reportedly were
not able to locate the three to enforce the sentence.
Arrest and Detention.--The law requires police to obtain a warrant
from an investigating judge prior to making an arrest, but police may
arrest without a warrant anyone caught in the act of committing a
crime. The law allows police to take a person into custody and conduct
an investigation for 48 hours, excluding weekends and government
holidays, before charges must be filed. In felony cases of exceptional
circumstances prescribed by law, police may detain a suspect for an
additional 24 hours with the approval of a prosecutor. However,
authorities routinely held persons for extended periods before charging
them. Many prisoners, particularly those without legal representation,
had no opportunity to seek release on bail. Under the criminal
procedures code, accused persons may be arrested and detained for up to
24 hours before being afforded access to legal counsel, but prisoners
routinely were held for several days before gaining access to a lawyer
or family members. According to government officials, such prolonged
detention largely was a result of the limited capacity of the court
system.
In June human rights groups reported the arbitrary detention of
prostitutes detained after brothel raids and persons who were homeless,
including the mentally ill, pregnant, sick, elderly, and children, at
two rehabilitation centers run by MOSAVY in Phnom Penh and Kandal
Province. The detainees had not been charged with a crime by police or
courts but reportedly were held behind bars in the rehabilitation
centers. In June and September, MOSAVY released the detainees from the
centers.
It was reported by an NGO that as of December at least 25 pretrial
detainees had been detained longer than the four month limit for
misdemeanors and the 18-month limit for felonies.
On February 18, Order Police in the Cham Chao district of Phnom
Penh detained Priep Pov, a police officer who was involved in a Kep
Municipality land dispute with Princess Norodom Marie Ranariddh, and
held him without charges for five weeks. Police reported that they had
the right to detain another officer as part of their internal
disciplinary procedures. However, the 1995 Declaration on the
Discipline of the National Police Forces specifies only warnings,
demotions, expulsions from units, or court prosecution as punishments.
On March 24, Priep Pov was released for medical attention. Criminal
charges were filed against him with the Kampot Province Court in
relation to the land dispute. No action was taken against Phnom Penh
Order Police.
There were no developments in the following 2007 arrest and
detention cases: two military police officials in Banteay Meanchey
Province who detained Kim Heang without a warrant; or the Ratanakiri
Province pretrial detention and sentencing of a 13 year old Jarai
ethnic minority youth to eight months and 10 days, despite his being
under the minimum age for imprisonment when he was arrested. At year's
end the youth remained in jail, and the appeals court had not set a
trial date to review the case appeal, filed by the court prosecutor in
May 2007.
At year's end the appeals court had not set a trial date for the
appeal of an August 2007 Phnom Penh Municipal Court decision convicting
six persons and acquitting two charged with planning bombings at the
2006 Water Festival. Lawyers and NGOs maintained that police did not
serve arrest warrants or inform the suspects of the charges against
them.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, but in practice the Government generally did not
respect judicial independence. The courts were subject to influence and
interference by the executive branch, and there was widespread
corruption among judges, prosecutors, and court officials.
The court system consists of lower courts, an appeals court, and
the Supreme Court. The constitution also mandates a Constitutional
Council, which is empowered to review the constitutionality of laws,
and a Supreme Council of the Magistracy, which appoints, oversees, and
disciplines judges and prosecutors. The composition of both councils
heavily favored the CPP.
There is a separate military court system, which suffered from
deficiencies similar to those of the civilian court system. While
civilians may fall under military court jurisdiction in some cases, the
legal distinction between the military and civil courts sometimes was
ignored in practice.
In August the Extraordinary Chambers in the Courts of Cambodia
(ECCC) refined its internal rules to prosecute more rapidly egregious
crimes of the 1975 79 Khmer Rouge regime. In July the ECCC
coinvestigating judges brought the closing order (indictment) against
Kaing Guek Eav (alias Duch), former Khmer Rouge director of the S 21
torture prison (Tuol Sleng), for crimes against humanity and grave
breaches of the 1949 Geneva Convention (war crimes). On an appeal of
the closing order, a December pretrial chamber decision added the
charges of premeditated murder and torture. At year's end Duch remained
in an ECCC provisional detention center awaiting trial. The ECCC
continued investigating cases against four other detained Khmer Rouge
leaders charged with crimes against humanity and war crimes.
Trial Procedures.--Trials are public. Juries are not used; the
presiding judge possesses the authority to pass a verdict. Defendants
have the right to be present and consult with an attorney, confront and
question witnesses against them, and present witnesses and evidence on
their own behalf. If a defendant cannot afford an attorney, the court
is required to provide the defendant with free legal representation;
however, the judiciary lacked the resources to provide legal counsel,
and most defendants sought assistance from NGOs or went without legal
representation. Trials typically were perfunctory, and extensive cross
examination usually did not take place. Defendants and their attorneys
have the right to examine government held evidence relevant to their
cases; however, at times it was difficult for them to obtain such
access, especially if the case was political or involved a high ranking
government official or well connected member of the elite.
Defendants are entitled by law to the presumption of innocence and
the right of appeal, but due to pervasive corruption, defendants often
were expected to bribe judges to secure a favorable verdict. A
citizen's right to appeal sometimes was limited by difficulty in
transferring prisoners from provincial prisons to the appeals court in
Phnom Penh. Many appeals thus were heard in the absence of the
defendant.
A lack of resources, low salaries, and poor training contributed to
a high level of corruption and inefficiency in the judicial branch, and
the Government did not ensure due process. During the year the Center
for Social Development (CSD) monitored 2,329 felony and misdemeanor
hearings with 3,902 defendants and found moderate trial procedure
abuses in the Supreme Court, appeals court, and in four of the courts
of first instance. In a report of trials observed during the same
period, the center stated that courts tried approximately 27 percent of
3,902 defendants in absentia. Defendants were not present during 66
percent of appeals court trials. Of defendants charged with felonies,
83 percent had legal representation, compared with 22 percent of those
charged with misdemeanors. In trials monitored by the CSD, 78 percent
of juvenile defendants had access to legal representation.
Of 2,329 trials the CSD observed in seven provinces from January to
December, many defendants awaiting appeal hearings remained in custody
for prolonged periods, sometimes for a year or more. Thirty-six percent
were released while waiting for their appeal trial, including juvenile
defendants. Authorities released 67 percent of defendants in
misdemeanor cases pending appeal hearings. The CSD monitored 464
appeals court trials during the same period and reported that the court
postponed 277 for periods of between one week and three months. Of the
260 adult defendants in detention pending appeal, seven were detained
for less than four months, at least 27 were detained four to 12 months,
144 were detained one to three years, 66 from three to five years, and
15 more than five years. Of juvenile detainees, 32 percent were
detained pending appeal for two to four years.
Observers reported that many cases were pending due to a shortage
of judges and courtrooms. Observers also speculated that court
officials might have been focusing on cases from which they could gain
financial benefits.
There remained a critical shortage of trained lawyers, particularly
outside Phnom Penh. Persons without means to secure counsel often in
effect were denied the right to a fair trial. According to the Bar
Association, approximately 20 percent of the country's 647 lawyers
provided pro bono legal counsel to poor persons, which was inadequate
to cover the basic legal rights of all of the country's poor.
Sworn written statements from witnesses and the accused usually
constituted the only evidence presented at trials. The accused person's
statements sometimes were coerced through beatings or threats, and
illiterate defendants often were not informed of the content of written
confessions that they were forced to sign. In cases involving military
personnel, military officials often exerted pressure on judges of
civilian criminal courts to have the defendants released without trial.
Court delays or corrupt practices often allowed accused persons to
escape prosecution. Government officials or members of their families
who committed crimes often enjoyed impunity.
Although the courts prosecuted some members of the security forces
for human rights abuses, impunity for most of those who committed
abuses remained a problem. In many criminal cases, rich or powerful
defendants usually paid money to victims and authorities to drop
criminal charges against them. Authorities were known to urge victims
or their families to accept financial restitution in exchange for
dropping criminal charges or failing to appear as witnesses.
On December 31, the Supreme Court released on bail Born Samnang and
Sok Sam Oeun, imprisoned since their 2004 arrest for the murder of
labor leader Chea Vichea, and remanded the case to the appeals court
for reinvestigation and retrial. In 2007 the appeals court had upheld
the original convictions and sentences of 20 years each in prison.
During the Supreme Court announcement of its ruling, the court
president cited insufficient evidence and gaps in procedures, and he
relied on the constitution and new penal code as grounds for the
decision.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The country has a
judiciary in civil matters, and citizens are entitled to bring lawsuits
seeking damages for human rights violations. Generally, there are both
administrative and judicial remedies. However, the judiciary generally
was viewed as corrupt, politically biased, and weak, and according to a
September sample survey of adult citizens, 82 percent said going to
court was too expensive and required bribing judges or the police. The
public appeared especially distrustful of the judiciary to act in a
transparent manner when a case was in conflict with the Government.
Enforcing a court order for a civil or criminal case often was
problematic. Persons occasionally turned to vigilante justice.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law provides for the privacy of residence and
correspondence and prohibits illegal searches; however, observers
reported that police routinely conducted searches and seizures without
warrants.
There continued to be reports of authorities entering private
properties without proper judicial authorization. Due to the forced
collectivization during Khmer Rouge rule and the return of hundreds of
thousands of refugees, land ownership often was unclear. The 2001 land
law states that any person who peacefully possessed private or state
private property (not state public land) without contention for five
years prior to the 2001 promulgation of the law has the right to apply
for a definitive title to that property. Although the Ministry of Land
Management, Urban Planning, and Construction issued its one millionth
land title in 2007, most of the country's impoverished population
continued to lack adequate formal documentation of land ownership.
Provincial and district land offices continued to follow pre--2001 land
registration procedures, which did not include accurate land surveys
and opportunities for public comment. The Cadastral Commission failed
to implement the identification and demarcation of state land, leading
to land conflicts, arbitrary evictions, and ill-defined, uncontrolled
state development. Widespread land speculation, while slowed somewhat
in the last half of the year by stagnating land values, continued to
fuel disputes in every province and increased tensions between poor
rural communities and speculators. The Cadastral Commission continued
to perform its functions slowly. The courts remained responsible for
resolving disputes in cases where land was registered or disputants
were given land titles. The National Authority for Land Dispute
Resolution was ineffective, and confusion existed over its
jurisdiction, which overlapped with that of the national and provincial
cadastral commissions.
Cases of inhabitants being forced to relocate continued to occur
when officials or businesspersons colluded with local authorities. Some
persons also used the court system to intimidate the poor and
vulnerable into exchanging their land for compensation below market
value. ADHOC reported receiving 306 land related cases during the year.
During the same period, another NGO received 112 land related cases in
Phnom Penh and 14 provinces, affecting a total of 13,397 families. The
poor often had no legal documents to support their land claims and
lacked faith in the judicial system. Some of those expelled
successfully contested these actions in court, but the majority of the
cases in the courts were still being processed.
In January Jarai ethnic minority villagers from Kong Yu and Kong
Thom villages appeared for questioning before the Ratanakiri provincial
criminal prosecutor in connection with their land dispute case
involving Keat Kolney, a well-connected individual. In June 2007 Keat
Kolney filed a criminal complaint accusing some of the villagers of
fraud and defamation. She claimed 1,112 acres of land in Pate Commune,
O'Yadau District, Ratanakiri Province, based on 100 land contracts
dated August 2004. In July 2007, 42 of the 200 villagers retracted
earlier statements and said they willingly sold the land to Keat
Kolney. On October 23, the Ratanakiri provincial court appointed a new
judge to the case after villagers' lawyers successfully petitioned for
the removal of the previous judge on grounds of lack of progress. At
year's end there continued to be reports of Keat Kolney's company
clearing land in the disputed territory, despite an agreement to halt
development there while the court case proceeded.
On February 22, approximately 100 armed police and military police
evicted 23 families from a community in the Russei Keo District of
Phnom Penh. Some community members protested the eviction. During the
protest, authorities beat one woman and injured as many as four others.
Despite documents showing residents had lived on the private land since
1994, several businesspersons also appeared to have legitimate titles
to the land. The Supreme Court decided that the businesspersons had a
legal right to the land and authorized the eviction. Evicted families
were not paid compensation.
On March 9, soldiers in the Malai District of Banteay Meanchey
Province fired into a crowd of approximately 500 villagers, hitting two
in the legs. The villagers were protesting the bulldozing of state land
straddling Banteay Meanchey and Battambang provinces, on which they
lived and farmed. A man named Chea Sam Ath, who falsely claimed to be a
local village chief, and his wife reportedly ordered the soldiers to
shoot evictees. Chea Sam Ath and his wife fled; however, at year's end
Chea Sam Ath reportedly had returned freely to the village. Villagers
allegedly did not file complaints with the courts, and there was no
investigation into the shootings. According to one NGO, some of the
protesting villagers had bought the land from local soldiers and police
officials, who also claimed to own the land; others were squatters.
On June 21 and 22, Brigade 31 soldiers evicted approximately 450
squatter families from the Anlong Kroum area of Chey Sena Villages in
Taken Commune, Chhuk District, Kampot Province. Military and provincial
government representatives stated that the eviction was part of a
relocation program approved by the prime minister to provide land and
homes to 260 handicapped soldiers and their families in a military
development area already partly occupied by a military tree-planting
program. The evicted persons apparently had no clear legal claim to the
state land that Brigade 31 commanders claimed the prime minister
awarded to the unit in a social land concession. During the eviction
the military sealed off the villages and prevented others, including
commune officials and police, from entering. Soldiers reportedly gave
some squatters slips of paper with land plot numbers on them with a
promise that an actual title would come later. Some of those who
received the slips of paper were moved to a neighboring village, Kbal
Damrey, where existing villagers reportedly were forced to share the
land where they lived with the incoming evictees. Some of the existing
villagers protested, and soldiers allegedly beat one of them
unconscious and arrested him and three others on charges of willful
damage to property and another for allegedly stealing a cellular
telephone. On December 15, the Kampot Provincial Court acquitted three
of the arrested villagers and sentenced the fourth to time served.
On November 17, Kampot provincial government, forestry,
environment, and police officials, together with military Brigade 31
soldiers, attempted to evict approximately 300 families from Anlong
Khmeng Leng village, Taken Commune, Chhuk District, Kampot Province,
under orders from the Kampot governor. Forestry officials claimed the
villagers' occupation was illegal because the land was within the
borders of Bokor National Park. During the eviction soldiers hit three
villagers and caused them serious injuries. NGOs on the scene
reportedly attempted to evacuate the injured but alleged that soldiers
prevented them from leaving until later in the evening. Four additional
villagers sustained minor injuries and remained on the site. Forestry
officials burned the villagers' houses. Although they did not have a
legal claim to the land under the land law, approximately 200 of the
village families remained on the land after the attempted eviction. At
year's end community representatives reported that although there were
checkpoints at both ends of the through roads to the area, soldiers
allowed villagers to come and go freely.
There were no developments in the April 2007 eviction of 117
families from the Mittapheap District in Sihanoukville. In the May 2007
Kampong Speu Province case of 40 soldiers from ACO Tank Command
Headquarters who destroyed crops and fences on land for which there had
been no clear classification as state or private land, throughout the
year soldiers occupying the land divided it among themselves and built
demarcation fences. The land was also occupied by 25 Phnom Srouch
District families.
In April representatives of the Phnom Penh Tonle Bassac Group 78
(G78) met with Phnom Penh Governor Kep Chuktema regarding a 2006
eviction notice. While authorities claimed the land was state land, the
Government did not provide documents classifying it as state property,
and the land did not meet the 2001 land law definition for state public
land. According to the 2001 law, the land was eligible for transfer by
the state into private land. Many of the families had lived on the land
since the 1980s and claimed ownership under the 2001 law. G78 community
members stated that the municipality offered compensation that was
approximately equal to 2 percent of a November 2007 independent
assessment of market value, plus one plot in a Phnom Penh eviction
resettlement site per family. Municipal authorities reportedly told the
G78 community members that no eviction of G78 would occur. At year's
end the community remained under threat of eviction, and the
municipality had not ensured a transparent process for determining the
fair market value for compensation; dropping land prices made
assessment difficult.
On February 15, the appeals court upheld the decision of the Siem
Reap Provincial Court ordering SRP parliamentarian Son Chhay to sell
7.8 acres of land he purchased in 1995 to a government agency for an
amount reportedly below the market price. The land was to be turned
over to a private developer to build a hotel as part of a local
development plan. Son Chhay took the case to the Supreme Court; at
year's end the Supreme Court had not set a trial date.
The appeals court took no action in the 2006 case of 12 persons
convicted of deforestation and staking claims to state-owned land in
connection with a Kampot Province confrontation between 2,000 squatters
and local police. In a 2006 eviction case in Peam Chor District, Prey
Veng Province, that left one person dead and four others injured,
police from the same unit as the police who were implicated in the
killing arrested two of the villagers on robbery charges, in what NGOs
said was an attempt to intimidate the villagers. In November Prey Veng
Provincial Court acquitted one of the villagers and convicted the
other, sentencing him to six years in prison.
On February 18, villagers from 265 families in Sre Ambel District,
Koh Kong Province, held a peaceful demonstration along National Road 48
to protest two economic land concessions, shares of which in 2006 were
granted to Senator Ly Yong Phat, the Khon Kaen Sugar Corporation of
Thailand, and Ve Wong Corporation of Taiwan. The villagers were evicted
in 2006. The MOI has acted intermittently as mediator in the dispute;
however, as of year's end, the villagers had received no compensation
for the land.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, these rights were not
always respected in practice.
The constitution requires that free speech not adversely affect
public security. The constitution also declares that the King is
``inviolable.'' In December 2007 the Ministry of Information issued a
directive in conformity with the defamation law that reiterates these
limits and prohibits publishers and editors from disseminating stories
that insult or defame government leaders and institutions.
The 1995 press law prohibits prepublication censorship or
imprisonment for expressing opinions. However, the Government continued
to use the older UN Transitional Authority in Cambodia (UNTAC) law to
prosecute journalists and others on defamation and disinformation
charges. A 2006 amendment eliminates imprisonment for defamation but
not for spreading disinformation, which carries prison sentences of up
to three years. In both types of cases, judges can order fines, which
may lead to jail time if not paid.
The Government and influential individuals used the weak and often
politically biased judiciary to file defamation and disinformation
suits, both civil and criminal, in an effort to silence critics. In
January a Phnom Penh Municipal Court investigating judge questioned
pro-opposition newspaper Khmer Machas Srok (Khmer--Owned Land)
publisher Hang Chaktra in connection with an article that reportedly
was considered defamatory towards Commerce Minister Cham Prasidh and
his wife. As of December no trial date had been set. Also in January
the MOI questioned So Visal, a reporter for the radio station Voice of
Democracy, regarding a story about the demolition of a large Buddha
statue in Phnom Penh. Police briefly detained So Visal in December 2007
in connection with the same story.
On June 8, Dam Sith, editor in chief of the pro-opposition
newspaper Moneaksekar Khmer (Khmer Conscience), was arrested and
charged by the Phnom Penh Municipal Court after Foreign Minister Hor
Namhong filed a defamation and disinformation suit because the
newspaper printed opposition leader Sam Rainsy's allegations against
Foreign Minister Hor Namhong. On June 15, at the prime minister's
request, the court released Dam Sith from pretrial detention. It was
reported that Dam Sith privately apologized to Hor Namhong regarding
the story. Foreign Minister Hor Namhong later announced that he dropped
the lawsuit to avoid problems in the July 27 national elections. On
April 22, Hor Namhong filed a defamation lawsuit in the Cambodian
courts against Sam Rainsy over the same comments; on July 27, he also
filed a lawsuit with a French court, which was pending at year's end.
All major political parties had reasonable and regular access to
the print media. All major Khmer language newspapers received financial
support from political parties and were politically aligned. There were
an estimated 20 Khmer language newspapers published regularly; the
majority were considered pro CPP, and at least four newspapers were
considered to support each of the other main political parties--the
National United Front for a Neutral, Peaceful, Cooperative, and
Independent Cambodia (FUNCINPEC), SRP, HRP, and NRP. Although the three
largest circulation newspapers were considered pro CPP, most newspapers
criticized the Government, particularly on corruption and land
grabbing. The prime minister, NRP President Prince Norodom Ranariddh,
FUNCINPEC party leaders, and opposition party leaders frequently came
under attack.
The Government, military forces, and ruling political party
continued to dominate the broadcast media and influence the content of
broadcasts. There were eight domestic television stations and
approximately 50 radio stations. All television stations and most radio
stations were controlled or strongly influenced by the CPP, although a
few were independent or aligned with other parties. In the months
preceding the July 27 national election, major television stations were
dominated by stories outlining the ruling party's accomplishments.
Equal broadcast time was not given to opposition parties. In May the
Ministry of Information closed indefinitely Angkor Ratha, a private
radio station in Kratie Province, stating it did not respect the terms
of its government-issued license. Station owner Keo Chanratha was
quoted as saying that the Government shut down Angkor Ratha on grounds
that, by its own admission, it sold broadcast time to FUNCINPEC, HRP,
the League for Democracy Party, NRP, and SRP without prior permission,
as stipulated in the license contract. During the 30-day election
campaign, state television and radio stations made time available to
all 11 contesting parties based on an equity formula. State TVK
television also broadcast 10 multiparty debates. On the night before
the July 27 national election, approximately 20 police officials and
soldiers shut down the opposition-aligned FM 93.5 radio station after
it broadcast a reading of Sam Rainsy's book about his political life.
The Information Ministry stated that it closed the station because the
broadcast violated a 39-hour preelection day ban on political
propaganda. The station resumed broadcasting 11 days later after
issuing an apology letter.
Journalists, publishers, and distributors were also subject to
other forms of harassment and intimidation, including two death
threats, and most reporters and editors privately admitted to some self
censorship due to fear of government reprisals.
In April six bullets were found outside the home of Battambang
Province-based Radio Free Asia reporter Lem Pichpisey. This was the
second time the reporter was threatened after reporting on drug
trafficking involving a casino, a high-ranking police officer, and the
killing of a drug suspect in Poipet. In June the reporter went into
hiding after reportedly receiving a threatening telephone call about
his investigation of illegal logging in Kampong Thom Province.
In April Koh Kong police beat unconscious and arrested Meas Asi, a
reporter with the Koh Kong Province-based Khmer-language newspaper
Panhavorn Khmer (Khmer Intellectual). The reporter was on his way to
cover a land dispute protest in Chhouk Village. The reporter was
released on bail 17 days later. In July Sihanoukville military police
Captain Nget Chantha threatened and hit Koh Santepheap (Island of
Peace) journalist Ros Panha after the journalist refused to retract his
allegation that the officer was plotting to transport illegal timber
into the port.
The Government controlled national television and radio stations
broadcast taped National Assembly sessions; however, in several
instances these broadcasts were heavily edited. National radio and
television stations broadcast some human rights, social action, public
health, education, and civil society programming produced by domestic
NGOs.
In 2005 the Phnom Penh Municipal Court chief ordered that reporters
must have written permission to bring recording devices into the
courtroom and to interview court officials. Such permission rarely was
sought, and there were no reports of the court denying permission. A
2006 Council of Ministers directive prohibiting government officials
and employees from speaking to the media or the public about government
corruption remained in effect but did not appear to be enforced. After
the July general election, the Council of Ministers appointed a
Secretary of State who acted as a spokesperson and discussed corruption
and other issues.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e mail or
Internet chat rooms. However, in late December the minister of
information confirmed that his office was drafting a law that would
extend libel, defamation, and ethics rules governing print media to
other media platforms such as radio and television. Individuals and
groups could engage in the peaceful expression of views via the
Internet, including by e mail. According to an industry survey, less
than one-thousandth of the total population had Internet subscriptions,
most of them in Phnom Penh and Siem Reap. In urban areas Internet
access was widely available through Internet cafes.
Academic Freedom and Cultural Events.--In general there were no
legal impediments to academic freedom. However, scholars tended to be
careful when teaching politically related subjects for fear of
offending politicians. There were no developments in the February 2007
conviction of Tieng Narith, a former professor at the Buddhist
University of the Royal Academy of Preah Sihanouk Reach, who was
sentenced to two years and six months in prison for teaching from a
self-published text containing antigovernment material. Tieng Narith's
lawyer appealed the decision in 2007, but at year's end Narith remained
in prison, and the Appeals Court had not taken any action in the case.
There were no government restrictions on cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of peaceful assembly,
but at times the Government did not respect this right in practice. The
Government required that a permit be obtained in advance of a march or
demonstration. The Government routinely did not issue permits to groups
critical of the ruling party or of nations with which the Government
had friendly relations. Authorities cited the need for stability and
public security as reasons for denying permits. Police forcibly
dispersed groups that assembled without a permit, in some instances
causing minor injuries to some demonstrators. At times rallies
organized by groups critical of the ruling party received government
permission, but the Government intermittently blocked access to
demonstration sites and thus participation by some persons.
ADHOC reported that out of 122 protests--58 of which were related
to land, 30 to labor disputes--police and military police dispersed 21
protests, four of which were by labor protesters, 12 by land dispute
protesters, four by Khmer Kampuchea Krom monks, and one by persons
protesting a powerline tower to be constructed near their homes.
On April 6, the SRP organized a Phnom Penh rally to express
concerns over negative economic developments such as high inflation.
While the Government granted permission for the rally, police set up
intermittent roadblocks, stopping trucks and forcing persons on board
to disembark. Those who disembarked were not allowed to reboard but
could hire motorcycles or cars to complete the journey to the rally.
On May 23, the Ratanakiri provincial government denied permission
for an NGO to organize a march in Bunlong on grounds that the march
would threaten public order. However, in cooperation with provincial
government officials, the NGO held a gathering with approximately 270
community members at its office. The provincial governor later held a
joint workshop between community members, human rights organizations,
and law enforcement officials to discuss illegal logging.
There were cases of local government officials attempting to
disrupt opposition party meetings, sometimes with warnings that
participants would be prevented from accessing local administrative
services. On May 1, a village chief in Sieng Kvang Commune, Kamchaymea
District, Prey Veng Province, reportedly told NRP supporters going to
an NRP meeting that he would not help them access local administrative
services such as obtaining birth certificates and marriage and funeral
permits.
Local government officials attempted to disrupt or prevent some
public information and public forum gatherings. On February 24, Chhnuk
Tru Commune council members, police officials, and a village chief in
Boribo District, Kampong Chhnang Province, threatened organizers from
Cambodian Center for Human Rights (CCHR) and a local home owner with
arrest if they held a community dialogue with 30 participants, stating
the meeting would incite the community, but the organizers held the
event as scheduled. Several days later, police again threatened the
owner of the house with arrest if he organized this type of gathering
again.
On July 17, Tek Phus district officials denied permission for a
CCHR forum about human rights and community development in Preah Mlu
Village, Krang Thka Commune, Kampong Chhnang Province, stating that
they did not want to allow the forum so close to the July 27 national
election because it would be a public order concern.
Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right in
practice; however, the Government did not effectively enforce the
freedom of association provisions of the labor law.
Membership in the Khmer Rouge, which ruled the country from 1975 to
1979 and after its overthrow conducted an armed insurgency against the
Government, is illegal, as is membership in an armed group.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice. The constitution also prohibits discrimination based on
religion, and minority religions experienced little or no official
discrimination. Buddhism is the state religion, and more than 93
percent of the population is Buddhist. Ethnic Cham Muslims constitute
most of the remaining population.
The law requires all religious groups, including Buddhists, to
submit applications to the Ministry of Cults and Religious Affairs to
construct places of worship and conduct religious activities. However,
there is no penalty for failing to register. In July 2007 the Ministry
of Cults and Religious Affairs issued a directive restating a 2003
order prohibiting public proselytizing, which continued to be loosely
enforced.
Societal Abuses and Discrimination.--Minority religions experienced
little or no societal discrimination. There was no known Jewish
community in the country, and there were no reports of anti Semitic
acts.
For a more detailed discussion, see the 2008 Annual Report on
International Religious Freedom at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The constitution prohibits forced exile, and the Government did not
employ it.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The Government allows the Office of the UN High Commissioner
for Refugees (UNHCR) to process asylum seekers and assist refugees
while they are in the country.
A 2005 memorandum of understanding with the UNHCR and the
Government of Vietnam to resolve the situation of Montagnards under
UNHCR protection remained in effect. Asylum seekers who reached the
UNHCR Phnom Penh office were processed with government cooperation.
During the year 200 Montagnard and 39 non--Montagnard new arrivals
sought asylum with the UNHCR. According to the UNHCR, 82 Montagnard and
24 non Montagnard refugees departed for a third country, while
authorities deported 224 rejected Montagnard asylum seekers to Vietnam,
and 91 Montagnards voluntarily returned to their country of origin. At
year's end there were 226 Montagnards in UNHCR protection sites in
Phnom Penh. According to the UNHCR, during the year no refugees
requested local integration.
In practice the Government provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. Through the assistance of the UNHCR, the
Government provided temporary protection to individuals who may not
qualify as refugees under the 1951 convention and the 1967 protocol.
An NGO claimed that local authorities at the border with Vietnam
continued searches for Montagnards when they received information about
new arrivals of Montagnards. There were unconfirmed reports that
Vietnamese authorities offered incentive awards to Cambodian border
police who returned Vietnamese refugees to Vietnam and that Vietnamese
secret police covertly conducted searches for Vietnamese refugees on
the Cambodian side of the border.
Stateless Persons.--The country had habitual residents who were de
facto stateless, and the Government did not effectively implement laws
or policies to provide such persons the opportunity to gain
nationality. Under the nationality law, citizenship is derived by birth
from a foreign mother and father if both were born and living legally
in Cambodia, or if either parent has Cambodian citizenship. A study
commissioned by the UNHCR estimated that several thousand potentially
stateless persons lived in the country. However, the study's estimated
number of such persons came from anecdotal evidence from NGOs that
provided services to disenfranchised communities, including persons
with no proof of nationality, and not from a survey of stateless
persons; therefore, local UNHCR representatives did not consider the
figure conclusive.
The UNHCR stated that the country's potentially stateless
population included mostly ethnic Vietnamese. According to an NGO that
worked with ethnic Vietnamese, individuals without proof of nationality
often did not have access to formal employment, education, marriage
registration, the courts, and land ownership. The most common reason
for statelessness was lack of proper documents from the country of
origin.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens generally exercised this right in
practice through periodic elections on the basis of universal suffrage.
Suffrage is voluntary for all citizens age 18 years and older.
Elections and Political Participation.--On July 27, the country
held an election for its 123 National Assembly seats. The CPP won 90
seats, SRP 26, HRP three, NRP two, and FUNCINPEC two. Most observers
agreed the national elections took place in an overall peaceful
atmosphere with a process that was generally an improvement over past
elections. There were reports of 17 killings of political activists,
with NGO and international organization investigations coming to
different conclusions and indicating that anywhere from none to seven
of the killings may have been politically motivated.
Although some election day irregularities persisted, they were low
in number and did not appear to affect the outcome or distort the will
of the citizens. However, observers noted the elections did not fully
meet international standards. Outside of the 30-day campaign period,
the opposition parties' access to television broadcasting was minimal,
and the CPP dominated the airwaves. While more radio stations broadcast
a greater number of independent and opposition views, hindrances to
their operations persisted. Access by voters to their polling stations
was a problem in some areas of the country. A Neutral and Impartial
Committee for Free and Fair Elections in Cambodia survey showed that in
24.9 percent of all polling stations, five or more voters came to the
polling station but failed to find their name on the voter list. The
problem reflected difficulties with the Voter Information Notices, the
reassignment of voters to different polling stations from one election
to the next, and the deletion of as many as 57,000 legitimate voters
(approximately 0.6 percent) during a 2007 voter list cleanup exercise.
Parties could register, and individuals were free to be candidates
without restrictions. On July 30, the Supreme Court upheld a March 2007
Phnom Penh Municipal Court decision sentencing NRP president Prince
Norodom Ranariddh in absentia to 18 months in prison and a 600 million
riel ($150,000) fine on charges of breach of trust. The prince chose
self exile during the election campaign and on election day. On
September 28, the prince returned, and on October 2, he formally
withdrew from politics. On December 6, the King appointed Prince
Norodom Ranariddh as chief of high advisors to the King.
Some NGOs and political parties alleged that membership in the
dominant CPP party provided advantages, such as gifts or access to
government emergency aid.
Traditional culture limited the role of women in government;
however, women took part in the July 27 national election. The
country's first female candidate debates took place July 8-9. The
number of women increased in the National Assembly from 22 after the
2003 election to 27 after the July 27 election. A woman was appointed
deputy prime minister for the first time. There were nine women in the
61 seat Senate and 46 women working as ministers, secretaries of state,
undersecretaries of state, and National Election Commission officials.
Women also served as advisors, and there were 23 female judges in the
municipal and provincial courts, appeals court, and Supreme Court.
Although there were no female governors, the Government appointed women
as deputy governors in all but one of 20 provinces and four
municipalities. In the April 2007 commune council elections, 14.6
percent of the elected councilors were women, of whom 67 were elected
as chiefs.
There were five members of minorities--four Cham and one other
ethnic minority--in the National Assembly. There also were three
members of minorities in the Senate. At least eight officials in senior
positions in the Government were from minority groups.
Government Corruption and Transparency.--There is no anticorruption
law, and only a few provisions of other laws provide criminal penalties
for official corruption.
In 2005 the prime minister instructed the Ministry of National
Assembly Senate Relations and Inspection to prepare a draft
anticorruption law. As of year's end, observers had not seen a revised
draft since September 2006, and the issue was pending with the Council
of Ministers. Donors and potential investors continued to express
concern about the lack of an anticorruption law and the urgent need to
pass such legislation.
Corruption was considered endemic and extended throughout all
segments of society, including the executive, legislative, and judicial
branches of government. Officials frequently engaged in corrupt
practices. Meager salaries contributed to ``survival corruption'' among
low level public servants, while a culture of impunity enabled
corruption to flourish among senior officials. Public officials are not
subject to financial disclosure laws.
Reported public experience with corruption was widespread,
indicating many corrupt practices were not hidden. On May 16, more than
40 civil society organizations presented to the National Assembly a
petition calling for the passage of an international standard
anticorruption law, containing signatures and thumbprints of more than
1.1 million persons of voting age.
Legislation does not contain provisions offering protection to
persons who expose corruption in an organization. An independent
anticorruption body does not exist. The Council of Ministers' Anti--
Corruption Unit is charged with developing anticorruption measures and
presenting proposals to the Government. The Unit largely was credited
with a crackdown on three corrupt customs officials who illegally
smuggled cars from Thailand into the country. The Ministry of National
Assembly--Senate Relations and Inspections is mandated to investigate
allegations of corruption. The National Audit Authority has the
authority to audit ministries, institutions, and other entities.
The National Archives Law allows unlimited access to informational
documents in the public archive. However, the law grants access to
other unspecified government documents only after 20 years, and
documents affecting national security and preservation of personal
lives would be released after 40 and 120 years, respectively. Some NGOs
reported that in practice it was difficult for them to access
information; the Government frequently did not or could not answer
requests for information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
often cooperated with human rights workers in performing their
investigations; however, there were multiple reports of lack of
cooperation and, in some cases, intimidation by local government
officials throughout the country.
There were approximately 40 human rights NGOs in the country, but
only a small portion of them were actively involved in organizing
training programs or investigating abuses.
Domestic and international human rights organizations faced threats
and harassment from local officials. These took the form of
restrictions on and disruptions of gatherings sponsored by NGOs, verbal
intimidation, threats of legal action, and bureaucratic obstruction.
NGO public interest lawyers reported being denied access to clients in
detention in some human rights abuse cases, and an NGO reported that
government officials had warned that the NGO's representatives might be
charged with disinformation and incitement if they spoke to the media
about the cases.
The Government had three human rights bodies: two separate
Committees for the Protection of Human Rights and Reception of
Complaints, one under the Senate and one under the National Assembly;
and a Cambodian Human Rights Committee that reported to the prime
minister's cabinet. The committees did not have regular meetings or a
transparent operating process.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, sex,
color, or language; however, the Government did not generally protect
these rights.
Women.--The law prohibits rape and assault; nevertheless, local and
international NGOs reported that violence against women, including
domestic violence and rape, was common. Rape is a criminal offense and
punishable by a prison sentence of between five and 10 years, according
to the UNTAC law. A case of spousal rape could be prosecuted as
``rape,'' ``causing injury,'' or ``indecent assault'' under the UNTAC
law. Under the 2005 domestic violence law, spousal rape may fall within
the definition of domestic violence that includes ``sexual
aggression.'' Such charges for spousal rape cases under the UNTAC law
and the domestic violence law were rare. The domestic violence law
criminalizes domestic violence but does not specifically set out
penalties. However, the UNTAC law on battery and injury can be used to
penalize domestic violence offenses, with penalties ranging from two
months to five years' imprisonment.
According to one NGO, there were 419 cases of rape and 674 cases of
domestic violence reported during the year; courts tried 110 of these
cases. A different NGO documented 168 cases of domestic violence
affecting 168 victims in 12 provinces during the same time period.
During the year the MOI's antitrafficking department investigated 256
cases of violence against women and children, resulting in the arrest
of 91 perpetrators and rescue of 90 victims. Of the 256 cases, 226 were
for rape and attempted rape. The MOI reported that three cases of rape
resulted in the death of the victims. A legal advocacy NGO reported
receiving 1,022 cases of domestic violence, 639 of which went to trial
during the year. The number of cases likely underreported the scope of
the problem, due to ineffective enforcement, inadequate crime
statistics reporting, and the fact that women were afraid to make
complaints against perpetrators. NGOs reported that enforcement of the
domestic violence law was weak, authorities continued to avoid
involvement in domestic disputes, and victims frequently were reluctant
to pursue formal complaints.
The Government supported NGOs that provided training for poor women
vulnerable to spousal abuse, prostitution, and trafficking. A local
media center, an NGO, and the Ministry of Women's Affairs produced
programming on women's issues. NGOs provided shelters for women in
crisis.
The constitution prohibits prostitution; however, there is no
specific legislation against working as a prostitute. Trafficking in
women for the purpose of prostitution was a serious problem, despite
laws against procuring and kidnapping for purposes of sexual
exploitation. There were reports that police abused prostitutes.
Despite increased crackdowns on brothel operators in Phnom Penh,
prostitution and related trafficking persisted. Estimates of the number
of working prostitutes ranged from 14,725 to 18,250. Sex tourism was a
problem, fueled by pervasive poverty and the perception of impunity.
The labor law has provisions against sexual harassment in the
workplace but does not specify penalties. The International Labor
Organization (ILO) reported that sexual harassment in the industrial
sector was rare.
The constitution contains explicit language providing for equal
rights for women, equal pay for equal work, and equal status in
marriage. In practice women had equal property rights, the same legal
status to bring divorce proceedings, and equal access to education and
some jobs; however, cultural traditions continued to limit the ability
of women to reach senior positions in business and other areas. Women
often were concentrated in low paying jobs and largely were excluded
from management positions. Men made up the vast majority of the
military, police, and civil service.
The Ministry of Women's Affairs, mandated to protect the rights of
women and promote gender equality in society, continued its Neary
Ratanak (Women as Precious Gems) program. The program aimed to improve
the image of women through gender mainstreaming, enhanced participation
of women in economic and political life, and protection of women's
rights.
Children.--The constitution provides for children's rights, and the
Government made the welfare of children a specific goal. The Government
relied on international aid to fund most child social welfare programs,
resulting in only modest funding for problems that affect children.
The MOI administered a modernized birth registration system and
reported the program registered 91 percent of births in 2006, but it
was unclear whether this level of success was sustained in following
years. The system did not include special outreach to minority
communities. The Government's failure to register all births resulted
in discrimination, including the denial of public services. A study
commissioned by the UNHCR on statelessness in the country stated that
the birth registration process often excluded children of ethnic
minorities and stateless persons. NGOs that provided services to
disenfranchised communities reported that children without birth
registration and family books were often denied access to education and
healthcare. They stated that later in life the same individuals may be
unable to access employment, own property, vote, and use the legal
system.
Children were affected adversely by an inadequate educational
system. Education was free, but not compulsory, through grade nine.
Many children left school to help their families in subsistence
agriculture, worked in other activities, began school at a late age, or
did not attend school at all. The Government did not deny girls equal
access to education; however, families with limited resources often
gave priority to boys. In many areas schools were remote and
transportation was a problem. This especially affected girls, due to
safety concerns in traveling between their homes and schools.
Child abuse was believed to be common, although statistics were not
available. Child rape remained a serious problem; a local NGO reported
280 cases of rape and attempted rape committed on persons under age 18.
Twenty-three of the cases involved children below age five, 57 involved
children ages five to 10, and 200 involved children ages 10 to 18.
Sexual intercourse with a person under age 15 is illegal; however,
child prostitution and trafficking in children occurred. During the
year raids on brothels rescued underage girls trafficked for
prostitution. The MOI reported arrests of nine foreign pedophiles. Some
children engaged in prostitution for survival without third party
involvement.
A domestic NGO estimated that more than 2,000 street children in
Phnom Penh had no relationship with their families and an estimated
10,000 to 20,000 children worked on the streets but returned to
families in the evenings. An estimated 500 to 900 children lived with
their families on the streets in Phnom Penh. MOSAVY provided lower
statistics, reporting 3,084 street children nationwide in 2005.
As of December at least 43 children under the age of six reportedly
were living with their mothers in prison, and those children were
subjected to mistreatment by prison guards and faced physical dangers
from adult criminal cellmates. The children generally lacked proper
nutrition and education.
Child labor was a problem in the informal sector of the economy.
Trafficking in Persons.--On February 15, the Government passed and
promulgated a comprehensive Law on Suppression of Human Trafficking and
Sexual Exploitation that contains provisions criminalizing all forms of
trafficking. However, the country remained a source, destination, and
transit country for men, women, and children trafficked for sexual
exploitation and labor. Children were trafficked domestically for
sexual exploitation and labor. Some Vietnamese women and girls were
trafficked through the country for exploitation in the commercial sex
trade in other Asian countries.
Children were trafficked to Thailand and Vietnam for begging,
soliciting, street vending, and flower selling. The children frequently
were placed into debt bondage to beg or sell, or they formed part of
organized begging rings. Women as well as children were trafficked to
Malaysia and Thailand for sexual exploitation and forced labor in
factories or as domestic servants, while men were trafficked for forced
labor in the agriculture, fishing, and construction sectors. The
country is a destination for foreign child-sex tourists, and there were
increasing reports that Asian men travelled to the country to have sex
with underage virgin girls.
Trafficking victims, especially those trafficked for sexual
exploitation, faced the risk of contracting sexually transmitted
diseases, including HIV/AIDS. In some cases victims were detained and
physically and mentally abused by traffickers, brothel owners, and
clients.
Local traffickers covered specific small geographic areas and acted
as middlemen for larger trafficking networks. Organized crime groups,
employment agencies, and marriage brokers were believed to have some
degree of involvement. Traffickers used a variety of methods to acquire
victims. In many cases victims were lured by promises of legitimate
employment or travel documents. In other cases acquaintances, friends,
and family members sold the victims or received payment for helping
deceive them. Young children, the majority of them girls, were often
pledged as collateral for loans by desperately poor parents; the
children were responsible for repaying the loan and the accumulating
interest. A 2007 report by the International Organization for Migration
(IOM) stated that child domestic workers, particularly those used as
collateral or placed into debt bondage, were more likely to be
trafficked and to enter commercial sexually exploitive activities.
The law establishes a prison sentence of 15 to 20 years for a
person convicted of selling, buying, or exchanging a person under 18
years of age; the penalty is seven to 15 years in prison for
trafficking persons age 18 or older. According to the Cambodian
National Police Anti--Human Trafficking and Juvenile Protection
Department, from January to December police investigated 43 cases of
trafficking in persons. The investigations resulted in the arrest of 48
offenders. However, NGOs continued to report the general inability of
law enforcement and other government officials to act on trafficking
tip offs.
The Ministries of Interior, Women's Affairs, and Justice had
primary responsibility to combat trafficking in persons. A National
Task Force served as an interministerial antitrafficking coordination
body. The task force included an oversight body involving the top
government officials. There was a Department of Anti Human Trafficking
and Juvenile Protection, and the MOI operated specialized
antitrafficking divisions in all provinces and municipalities. While
the Government arrested and prosecuted traffickers and continued its
support for prevention and protection programs through collaboration
with foreign and domestic NGOs and international organizations, its
antitrafficking efforts continued to be hampered by corruption and a
weak judicial system. Certain observers of trafficking in persons in
the country believed that some law enforcement, court officials, and
other government officials received bribes that facilitated the sex
trade and trafficking in persons.
On June 4, a Sihanoukville Municipal Court judge released on bail
foreigner Fabio Cencini, who was arrested on charges of allegedly
sexually abusing six children, ages eight to 13.
On July 21, a Sihanoukville Municipal Court judge suspended the
three-year sentence of convicted pedophile Nikita Belov and released
him on probation after he had spent six months in prison for sexually
abusing two underage boys. On August 5, Belov fled the country. The
appeals court prosecutor appealed the case; however, Belov had already
left the country, and Cambodia has no extradition treaty with Belov's
home country.
On August 26, the appeals court reduced the sentence of pedophile
Philippe Dessart, a foreigner, from 18 years in prison, as was
allowable under the 1996 antitrafficking law, to three years in prison
under the new law, although Dessart committed his child abuse crimes in
2006. According to an NGO, Dessart compensated the victim, and the
victim thereafter told NGO lawyers their services were no longer
required. In December the prosecutor appealed the case to the Supreme
Court. As of year's end, a Supreme Court trial date had not been set.
On December 4, the appeals court reduced the prison sentence of
foreigner Thomas Wayne Rapanos from 30 months in prison to one year.
Rapanos was convicted in August by the Phnom Penh Municipal Court of
indecent acts with an underage victim, despite testimony that money
exchanged hands for sex with 12- and 16-year-old girls.
An unconfirmed MOI report stated there were seven convictions on
human trafficking charges with sentences ranging from two to 15 years
in prison during the year; however, a legal advocacy NGO reported that
at least five additional trafficking cases went to trial during the
year, resulting in three convictions. An unconfirmed Phnom Penh
Municipal Court report stated there were 12 convictions of human
trafficking offenders from January to October. Police, court officials,
and judges often did not separate victims from perpetrators during
raids, arrests, and trials. In some cases officials acted as though
victims were perpetrators.
MOSAVY referred trafficking victims to NGOs, which provided most
assistance to victims. The Government participated as a partner in a
number of these efforts; however, its contributions were severely
hampered by limited resources. NGOs provided intake screening services
to identify trafficking victims. Some victims were encouraged by NGOs
and the MOI to file complaints against perpetrators; however, in the
general climate of impunity, victim protection was problematic, and
some victims were known to be intimidated into abandoning their cases.
Social stigma against women who were prostitutes, victims of sexual
assault, or victims of sex trafficking made it difficult for victims to
reintegrate into families, communities, and society.
The antitrafficking law contains no provisions to protect foreign
victims from being charged under immigration laws, but during the year
there were no reported cases of trafficking victims being treated as
illegal immigrants. MOSAVY, often working with the IOM, repatriated
from Thailand, Vietnam, and Malaysia 864 child and adult victims, as
well as others vulnerable to becoming victims, and reintegrated them
with their families. With financial and technical support from the IOM,
MOSAVY repatriated four trafficked Vietnamese girls; however,
repatriation to Vietnam continued to be a long and arduous process.
Both the Government and international donors had programs to
prevent child labor or remove children from labor. The country is a
signatory to the Coordinated Mekong Ministerial Initiative against
Trafficking, whose activities include ensuring the legal, social, and
community protection of victims of trafficking; strengthening law
enforcement capacity to combat trafficking; and building a
comprehensive response involving all relevant ministries. Several
ministries, including the Ministry of Women's Affairs and the Ministry
of Tourism, had antitrafficking initiatives to reduce child labor.
Donors supported programs to combat child labor implemented by the ILO
and World Education, among others.
MOSAVY worked with the UN Children's Fund and local NGOs to manage
community based networks aimed at preventing trafficking.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--There is no law explicitly prohibiting
discrimination against persons with disabilities. The Government does
not require that buildings or government services be accessible to
persons with disabilities. The Government prohibits persons with
disabilities from being teachers in public schools.
Programs administered by various NGOs brought about substantial
improvements in the treatment and rehabilitation of persons who had
lost limbs, but they faced considerable societal discrimination,
especially in obtaining skilled employment.
There are no legal limitations on the rights of persons with
disabilities to vote or participate in civic affairs, but the
Government did not make any concerted effort to assist them in becoming
more civically engaged. MOSAVY is responsible for making policy to
protect the rights of persons with disabilities and for rehabilitation
and vocational skill training for persons with disabilities.
National/Racial/Ethnic Minorities.--The rights of minorities under
the nationality law are not explicit; constitutional protections are
extended only to ``Khmer people.'' Citizens of Chinese and Vietnamese
ethnicity constituted the largest ethnic minorities. Ethnic Chinese
citizens were accepted in society, but animosity continued toward
ethnic Vietnamese, who were seen as a threat to the nation and culture.
Some groups continued to make strong anti Vietnamese statements. They
complained of political control of the CPP by the Vietnamese
government, border encroachment, and other problems for which they held
ethnic Vietnamese at least partially responsible.
Indigenous People.--The Government often ignored efforts by
indigenous communities to protect their ancestral lands and natural
resources. Despite the 2001 land law requiring for the registration of
communal lands of indigenous people, little was done to implement
communal land titling. NGOs called for a moratorium on land sales and
land concessions affecting indigenous communities. International and
local NGOs were active in educating the indigenous communities about
the land registration process and providing legal representation in
disputes.
Starting on April 20, the foreign-owned Oryung Construction Company
reportedly began clearing approximately 250 acres of land claimed by
members of the indigenous community of Kak Village in Ta Lav Commune,
Andoung Meas District, Ratanakiri. NGOs stated that the Government
granted a 17,000-acre economic land concession covering the disputed
land to the company for a rubber plantation in 2006. NGOs reported that
much of the land in the concession may be eligible for registration as
indigenous community land under the 2001 law. The affected community
members were not aware of the concession until the land was cleared. In
September community members filed complaints with the Council of
Ministers, Ministry of Agriculture, and Ministry of Land Management,
Urban Planning and Construction, but at year's end they reportedly had
not received a government response.
On May 2, the Ratanakiri provincial governor reportedly granted a
1,250-acre, 90-year lease to the BVB Investment Company to develop a
tourist attraction site on Youl Mountain in Yeak Laom commune, Banlung
District, including parts of the indigenous Phnom, Sill, and Lapo
villages. NGOs reported that much of the leased area may be eligible
for registration as indigenous community land under the 2001 law. The
affected indigenous communities were not involved in lease
negotiations.
On December 20, 400 ethnic Phnong villagers in Pech Chreada
District, Mondulkiri Province, confronted workers of real estate
development company Khao Chuly Group who were clearing a 6,600-acre
economic land concession area for a rubber plantation. Villagers
claimed to own and farm part of the land and demanded that the company
leave or pay compensation. Villagers set fire to three of the company's
excavators and damaged a fourth. An NGO reported that police and
company workers did not attack or harm villagers during the incident.
The Khao Chuly Group agreed to pay compensation if the villagers could
prove that they owned the land. Under the 2001 law, economic
concessions are blocked in indigenous properties. However, the National
Cadastral Commission had not yet categorized indigenous community areas
in Mondulkiri and Ratanakiri provinces, and at year's end the case was
ongoing.
In the 2007 case of Stung Treng Province community forest land
cleared by four companies to which the Government allegedly
illegitimately granted timber concessions, a special committee was
established to resolve the dispute. The committee decided that disputed
land being farmed by villagers was to be returned to the local
indigenous community, and land not farmed by villagers was to be
returned to the companies. Both sides agreed to the decision. In the
2007 case of a Ratanakiri provincial official preventing Tampoun
indigenous villagers from burying their dead on land that had served as
their traditional burial ground since 1979, a local NGO reported that
in mid-year the Ministry of Agriculture registered the land as state
private land and reportedly transferred it to Tai Seng Company. There
were no developments in the 2007 case of Ratanakiri Jarai indigenous
families demanding the removal of local officials allegedly involved in
the fraudulent sale of more than 3,000 acres of their communal land.
Other Societal Abuses and Discrimination.--Societal discrimination
against those infected with HIV/AIDS remained a problem in rural areas;
however, discrimination was moderated by HIV/AIDS awareness programs.
There was no official discrimination against those infected with HIV/
AIDS.
There were no reported cases of sexual orientation discrimination
in employment, housing, statelessness, or access to education or health
care. However, homosexuality was typically treated with fear and
suspicion, and there were few support groups based on sexual
orientation where such cases could have been reported.
Section 6. Worker Rights
a. The Right of Association.--The labor law provides only private-
sector workers in the formal economy the right to join the trade union
of their choice without prior authorization; however, the Government's
enforcement of this right was selective. Membership in trade unions or
employee associations is not compulsory, and workers are free to
withdraw from such organizations, although a few unions attempted to
intimidate workers who wanted to withdraw. Unions may affiliate freely,
but the law does not address explicitly their right to affiliate
internationally. While the law applies to foreign workers, it does not
apply to civil servants, including teachers, judges, and military
personnel, or to workers in the informal sector. Personnel in the air
and maritime transportation industries are not entitled to the full
protections of the law but are free to form unions.
Less than 3 percent of the labor force, estimated in 2007 to be 8.4
million persons, was unionized. Unions were concentrated in the garment
and footwear industries, where approximately 70 to 75 percent of the
estimated 337,000 workers were union members. The Cambodian Tourism and
Service Workers Federation reported that it represented approximately
2,300 hotel, casino, and airport workers. There were more than 1,500
factory-level unions and 48 union federations and associations, the
majority of which were aligned with the Government, and five of which
were independent.
The Cambodia Independent Teachers Association (CITA), registered as
an ``association'' due to prohibitions on public sector unions,
represented 8,410 of the country's 110,000 teachers. CITA marches and
other protests were often forbidden, although the union reported no
direct government interference in day to day activities.
Another public sector association, the Cambodian Independent Civil
Servants' Association (CICA), represented approximately 1,060 officials
from ministries, provincial departments, and commune councils, out of
approximately 160,000 civil servants nationwide.
There were no developments in the February 2007 killing of local
union leader Hy Vuthy. In September an NGO reported that the Phnom Penh
Municipal Court had suspended the investigation into the killing, but
neither the lawyer in the case nor the court could confirm whether the
investigation was suspended.
The law provides for the right to strike and protects strikers from
reprisal. The law stipulates that strikes can be held only after
several requirements have been met, including the failure of other
methods of dispute resolution (such as negotiation, conciliation, or
arbitration), a secret-ballot vote of union membership, and a seven day
advance notice to the employer and the Ministry of Labor and Vocational
Training (MOLVT).
The MOLVT reported that 82 strikes occurred in the Phnom Penh area
during the year. The Garment Manufacturers Association of Cambodia
reported 105 strikes nationwide. International observers, employers,
and many union leaders agreed that almost no strikes fulfilled all
prestrike legal requirements. Although some unions complained of a lack
of MOLVT involvement, the MOLVT resolved up to 50 percent of the
disputes.
The Government allowed most strikes held at factories but denied
worker requests to hold protest marches outside of the factory area.
Police intervention in strikes generally was minimal and restrained,
even in those cases where property damage occurred.
On February 6, a car carrying a Kingsland Garment Factory
management team injured nine workers when it violently forced its way
out of the Phnom Penh factory as workers were striking outside. Four of
the nine workers were seriously injured. Workers also accused police
officials of using force to clear the way for the car to drive away.
Police denied any violence directed at the workers and stated that they
intervened because strikers were preventing workers from leaving the
factory. One week later the union filed a complaint with the Phnom Penh
Municipal Court and the MOI. No one was arrested in the incident, and
at year's end the court had taken no action.
In spite of legal provisions protecting strikers from reprisals,
there were credible reports that workers were dismissed on spurious
grounds after organizing or participating in strikes. While most
strikes were illegal, participating in an illegal strike was not by
itself a legally acceptable reason for dismissal. In some cases
employers pressured strikers to accept compensation and leave their
employment. There are potential remedies for such dismissals, although
none was particularly effective. The MOLVT can issue reinstatement
orders, but these often provoked management efforts to pressure workers
into resigning in exchange for a settlement. Collective disputes, such
as when multiple employees are dismissed, can be brought before the
Arbitration Council for a decision. Parties can choose if decisions are
binding or nonbinding; if neither party objects to the arbitral award
within eight days of its being issued, it automatically becomes
binding. Individual disputes can be brought before the courts, although
the judicial system was neither impartial nor transparent. Some unions
urged the Government to expand the role of the Arbitration Council to
include individual and collective interest disputes and to make its
decisions binding.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively, but the
Government's enforcement of these rights was inconsistent. Collective
bargaining agreements existed within the garment industry, hotels, and
contract workers at the two international airports.
There were 11 collective bargaining agreements registered with the
MOLVT during the year.
A regulation establishes procedures to allow unions to demonstrate
that they represent workers for purposes of collective bargaining. The
regulation also establishes requirements for employers and unions
regarding collective bargaining and provides union leaders with
additional protection from dismissal. The Bureau of Labor Relations is
responsible for facilitating the process of union registration and
certification of ``most representative status'' (MRS) for unions, which
entitles a union representing an absolute majority of workers in a
given enterprise to represent all of the workers in that establishment.
However, the MRS registration process was considered cumbersome, and
international observers reported that government lists of MRS unions
included management controlled unions. The Government began reexamining
its MRS certification process with support from international
organizations and a diplomatic mission. In April authorities issued a
new MRS notification detailing the procedures for applying, objecting
to, and holding of elections.
Enforcement of the right of association and freedom from antiunion
discrimination was poor. Acts of union discrimination by the employer
often went unpunished. Government enforcement of rights was hampered by
a lack of political will and by confused financial and political
relationships among employers and union leaders. The Government also
suffered from a lack of resources, including trained, experienced labor
inspectors, in part because it did not pay officials adequate salaries.
The MOLVT often decided in favor of employees but rarely used its legal
authority to penalize employers who defied its orders, instead
referring many cases to the Arbitration Council.
There were credible reports of antiunion harassment by employers,
including the dismissal of union leaders, in garment factories and
other enterprises. During the year approximately 50 union leaders were
dismissed or suspended without cause. Prominent independent and
opposition union leaders reported receiving veiled threats of violence,
including death threats. Three union leaders affiliated with the Free
Trade Union of Workers in the Kingdom of Cambodia, one of the five
independent union federations, were injured by progovernment rival
unions. In seven cases, 15 union leaders were sued for inciting workers
to strike, destroying private property, and attempting to incite
workers to commit assault. On several occasions dismissed union leaders
accepted cash settlements after unsuccessfully appealing to the
Government to enforce laws requiring their reinstatement. At other
times the Government upheld labor rights. For example, during the year
the MOLVT formally warned 927 companies of legal violations and fined
12 companies for violation of the labor law and regulations. The MOLVT
sent 84 cases of unresolved labor disputes to the Arbitration Council.
Unions continued to gain strength, but many were not able to
represent member interests adequately due to insufficient resources,
training, and experience. In addition, corruption plagued the ranks of
unions, employers, and government officials, hampering legitimate
industrial relations. Violence, harassment, and intimidation between
rival unions were common.
In some factories persons employed in management appeared to have
established their own unions, supported promanagement unions, or
compromised union leaders. Union leaders from across the political
spectrum complained that the progovernment Khmer Youth Federation of
Trade Unions habitually threatened strikes to extort money from
management and threatened and harassed workers from other unions.
Independent union leaders complained that the progovernment Cambodian
Coalition of Trade Unions frequently intervened in the affairs of other
unions, extorted money from management in exchange for discouraging
workers from conducting legal strikes and demonstrations, and
threatened rival union leaders.
Some CITA members feared that affiliation with the teachers
association could hamper their chance of career advancement, according
to union officials. CICA leaders alleged that fears of harassment or
demotion prevented other civil servants from joining.
There were no special laws or exemptions from regular labor laws in
export processing zones (known as special economic zones).
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, but there were
reports that such practices occurred, almost exclusively in the
informal sector. There were reports of forced labor by domestic
servants.
Involuntary overtime remained widespread. Under the law legal
overtime work cannot exceed two hours daily and must be voluntary;
however, in practice overtime was often extended beyond the legal
limit, and employers used coercion to force employees to work. Workers
often faced fines, dismissal, or loss of premium pay if they refused to
work overtime.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace; however,
enforcement was often weak. The law establishes 15 years as the minimum
age for employment and 18 years as the minimum age for hazardous work.
The law permits children between 12 and 15 to engage in ``light work''
that is not hazardous to their health and does not affect school
attendance.
Child labor was widespread in agriculture, brick making, fishing,
the commercial sex industry, domestic service, and on tobacco and
rubber plantations. Child labor was also reported in the formal sector
but to a much lesser extent. According to a 2006 study conducted by the
World Bank and others, more than 750,000 economically active children
were below the absolute minimum working age of 12, and an additional
500,000 children (12 to 14 years old) conducting nonlight economic
activity were below the minimum age for this type of work. More than
250,000 children ages 15 to 17 worked more than 43 hours per week or in
hazardous sectors. Three-quarters of economically active children were
in the agriculture sector, 15 percent in commerce, 5 percent in small-
scale manufacturing, and 2 percent in services.
No aspect of the law prohibiting child labor was adequately
enforced in the formal employment sector. No employer was prosecuted
for violating laws against child labor. The MOLVT has responsibility
for child labor issues in both the formal and informal sectors of the
economy, but its labor inspectors played no role in the informal sector
or in enforcing the law in illegal industries, such as unregistered
garment factories operating without a license from the MOLVT and the
Ministry of Commerce. Within the formal sector, labor inspectors
conducted routine inspections of some industries, such as garment
manufacturing (where the incidence of child labor is negligible), but
in some industries with the highest child labor risk, labor inspections
were entirely complaint driven.
The constitution prohibits forced or bonded child labor; however,
forced child labor was a serious problem in the commercial sex
industry, particularly among those ages 15 to 18. Law enforcement
agencies failed to combat child prostitution in a sustained, consistent
manner. Widespread corruption, lack of transparency, inadequate
resources, and staffing shortages remained the most challenging
obstacles.
e. Acceptable Conditions of Work.--The law requires the MOLVT to
establish a garment sector minimum wage based on recommendations from
the Labor Advisory Committee. There was no minimum wage for any other
industry. Garment-sector workers were guaranteed a minimum wage
equivalent to $50 per month, plus a minimum $6 living allowance, which
was added on April 1. Prevailing monthly wages in the garment sector
and many other professions were insufficient to provide a worker and
family with a decent standard of living, although garment-sector wages
were generally higher than wages in the informal economy. The vast
majority of employers in garment factories paid the minimum wage to
permanent workers, although temporary and other such workers were often
paid less.
The law provides for a standard legal workweek of 48 hours, not to
exceed eight hours per day. The law establishes a nightshift rate of
130 percent of daytime wages and 150 percent for overtime, which
increases to 200 percent if overtime occurs at night, on Sunday, or on
a holiday. Employees are allowed to work up to two hours of overtime
each day. However, the Government did not enforce these standards
effectively. Workers reported that overtime was frequently excessive
and sometimes mandatory. Similarly, outside the garment industry,
regulations on working hours were rarely enforced.
The law states that the workplace should have health and safety
standards adequate to ensure workers' well being. The Government
enforced existing standards selectively, in part because it lacked
trained staff and equipment. Work related injuries and health problems
were common. Most large garment factories producing for markets in
developed countries met relatively high health and safety standards as
conditions of their contracts with buyers. Working conditions in some
small scale factories and cottage industries were poor and often did
not meet international standards. Penalties are specified in the law,
but there are no specific provisions to protect workers who complain
about unsafe or unhealthy conditions. Workers have the right to remove
themselves from situations that endangered health or safety without
jeopardy to their employment, but those who did so may have risked loss
of employment.
__________
CHINA (includes Tibet, Hong Kong, and Macau)
The People's Republic of China, with a population of approximately
1.3 billion, is an authoritarian state in which the Chinese Communist
Party (CCP) constitutionally is the paramount source of power. Party
members hold almost all top government, police, and military positions.
Ultimate authority rests with the 25-member political bureau
(Politburo) of the CCP and its nine-member standing committee. Hu
Jintao holds the three most powerful positions as CCP general
secretary, president, and chairman of the Central Military Commission.
Civilian authorities generally maintained effective control of the
security forces.
The Government's human rights record remained poor and worsened in
some areas. During the year the Government increased its severe
cultural and religious repression of ethnic minorities in Tibetan areas
and the Xinjiang Uighur Autonomous Region (XUAR), increased detention
and harassment of dissidents and petitioners, and maintained tight
controls on freedom of speech and the Internet. Abuses peaked around
high-profile events, such as the Olympics and the unrest in Tibet. As
in previous years, citizens did not have the right to change their
government. Nongovernmental organizations (NGOs), both local and
international, continued to face intense scrutiny and restrictions.
Other serious human rights abuses included extrajudicial killings,
torture and coerced confessions of prisoners, and the use of forced
labor, including prison labor. Workers cannot choose an independent
union to represent them in the workplace, and the law does not protect
workers' right to strike.
The Government continued to monitor, harass, detain, arrest, and
imprison journalists, writers, activists, and defense lawyers and their
families, many of whom were seeking to exercise their rights under the
law. A lack of due process and restrictions on lawyers further limited
progress toward rule of law, with serious consequences for defendants
who were imprisoned or executed following proceedings that fell far
short of international standards. The party and state exercised strict
political control of courts and judges, conducted closed trials, and
carried out administrative detention. Individuals and groups,
especially those deemed politically sensitive by the Government,
continued to face tight restrictions on their freedom to assemble,
their freedom to practice religion, and their freedom to travel. The
Government continued its coercive birth limitation policy, in some
cases resulting in forced abortion or forced sterilization. The
Government failed to protect refugees adequately, and the detention and
forced repatriation of North Koreans continued to be a problem. Serious
social conditions that affected human rights included endemic
corruption, trafficking in persons, and discrimination against women,
minorities, and persons with disabilities.
On October 17, the Government made permanent rules granting foreign
journalists greater freedoms, which were initially applied in the
period leading up to and during the Olympic Games. The new rules
eliminated previous requirements that foreign journalists first seek
permission from local officials before conducting interviews in a
particular province or locality.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--During the year
security forces reportedly committed arbitrary or unlawful killings. No
official statistics on deaths in custody were available. The outbreak
of widespread unrest in the Tibet Autonomous Region (TAR) and other
Tibetan areas in March and April resulted in significant loss of life,
with many credible reports putting the number killed at over 200 (see
Tibet Addendum).
On January 7, Wei Wenhua was beaten to death by municipal ``urban
management'' officials in Tianmen, Hubei Province, after he filmed
their clash with local residents on his mobile phone. Authorities
detained 41 officials and sentenced four to short prison terms for
their role in Wei's death. On February 6, authorities reportedly
instructed the family of Falun Gong practitioner Yu Zhou, who had been
arrested in Beijing on January 26, to come to an emergency center to
see him. Yu was dead when the family arrived, and authorities claimed
he had died of diabetes. However, Yu's family stated that he was
healthy at the time of his arrest and that authorities refused the
family's request for an autopsy. On May 26, the family of Tibetan
protester Paltsal Kyab was informed he died in custody, after he was
detained in April for participating in a March 17 protest. Authorities
claimed Paltsal Kyab had died from kidney and stomach problems,
although relatives reported he was healthy at the time of his arrest.
According to witnesses his body was covered with bruises and burn
blisters. There were no reports of any official investigation into his
death. On July 16, 100 individuals reportedly attacked police in
Huizhou, Guangdong Province, after a motorcyclist died. Police reported
the man died in a traffic accident but his relatives claimed he was
beaten to death by security guards.
There were no developments in a 2007 incident in which 18 persons
were killed and 17 were arrested during a raid at a location in the
XUAR that officials called a terrorist training camp.
Defendants in criminal proceedings were executed following
convictions that sometimes took place under circumstances involving
severe lack of due process and inadequate channels for appeal. On
November 26, Yang Jia, who was accused of killing six Shanghai police
officers on July 1, was executed following a decision by the Shanghai
High Court to uphold his conviction. Yang's case included serious
irregularities at trial, and the appellate court deprived him an
opportunity to be examined for mental illness despite a request by
Yang's new attorney to allow it. On November 28, biomedical researcher
Wo Weihan was executed on charges of espionage. Wo, who was convicted
in a closed trial, was reportedly coerced into confessing and
mistreated in detention. Executions of Uighurs whom authorities accused
of separatism, but which some observers claimed were politically
motivated, were reported during prior reporting periods. In February
2007 authorities executed Ismail Semed, an ethnic Uighur from the XUAR,
following 2005 convictions for ``attempting to split the motherland''
and other counts related to possession of firearms and explosives.
b. Disappearance.--In May underground Catholic priests Zhang Li and
Zhang Jianlin disappeared after authorities detained them while they
were preparing to visit a Catholic shrine in Sheshan Province. At
year's end their whereabouts remained unknown. The whereabouts of Wu
Qinjing, the bishop of Zhouzhi, Shaanxi Province, who was detained in
March 2007, also remained unknown. Human rights defender Gao Zhisheng
was detained and questioned several times over the past two years, and
during the reporting period his whereabouts were unknown. There were no
new developments in the September 2007 disappearances of 21 farmers who
reportedly traveled from Chengdu to Beijing to petition the Government
in a land compensation case. At year's end the Government still had not
provided a comprehensive, credible accounting of all those killed,
missing, or detained in connection with the violent suppression of the
1989 Tiananmen demonstrations.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits the physical abuse of detainees and
forbids prison guards from extracting confessions by torture, insulting
prisoners' dignity, and beating or encouraging others to beat
prisoners. However, during the year there were reports that officials
used electric shocks, beatings, shackles, and other forms of abuse.
Mao Hengfeng, a family planning issues petitioner, reportedly was
physically and mentally abused in prison. During an August 13 phone
call, Mao reportedly told her husband that scars on her wrists that
resulted from being tied up tightly had not healed. On May 22,
Heilongjiang resident and reform activist Liu Jie was transferred from
a Qiqihar reeducation through labor (RTL) camp to the Harbin Drug
Rehabilitation Center, where she reportedly was tortured. Human rights
organizations also reported democracy activist and member of the China
Democracy Party (CDP) Chi Jianwei reportedly was tortured in July 2007
for refusing to confess to ``using an evil cult to hinder law
enforcement.''
In November the UN Committee Against Torture (UNCAT) stated its
deep concern about the routine and widespread use of torture and ill-
treatment of suspects in police custody, especially to extract
confessions or information used in criminal proceedings. However, UNCAT
did acknowledge government efforts to address the practice of torture
and related problems in the criminal justice system. Many alleged acts
of torture occurred in pretrial criminal detention centers or RTL
centers. Sexual and physical abuse and extortion occurred in some
detention centers.
According to foreign researchers, the country had 20 ankang
institutions (high-security psychiatric hospitals for the criminally
insane) directly administered by the Ministry of Public Security (MPS).
Political activists, underground religious believers, persons who
repeatedly petitioned the Government, members of the banned Chinese
Democracy Party (CDP), and Falun Gong adherents were among those housed
with mentally ill patients in these institutions, and they had no
mechanism for objecting to public security officials' determinations of
mental illness. Patients in these hospitals reportedly were given
medicine against their will and forcibly subjected to electric shock
treatment. The regulations for committing a person to an ankang
facility were not clear. Activists sentenced to administrative
detention also reported they were strapped to beds or other devices for
days at a time, beaten, forcibly injected or fed medications, and
denied food and use of toilet facilities.
Prison and Detention Center Conditions.--Conditions in penal
institutions for both political prisoners and common criminals
generally were harsh and often degrading. Prisoners and detainees often
were kept in overcrowded conditions with poor sanitation. Inadequate
prison capacity was an increasing problem in some areas. Food often was
inadequate and of poor quality, and many detainees relied on
supplemental food and medicines provided by relatives; some prominent
dissidents were not allowed to receive such goods.
Many inmates in penal and RTL facilities were required to work,
with minimal or no remuneration. In some cases prisoners worked in
facilities directly connected with penal institutions; in other cases
they were contracted to nonprison enterprises. Former prison inmates
reported that workers who refused to work in some prisons were beaten.
Facilities and their management profited from inmate labor.
In January 2007 Ministry of Health spokesman Mao Qunan reportedly
acknowledged that the Government harvested organs from executed
prisoners. Adequate, timely medical care for prisoners remained a
serious problem, despite official assurances that prisoners have the
right to prompt medical treatment. In October 2007 Chen Ningbiao died
in prison, reportedly due to mistreatment and denial of medical
treatment. Chen was one of seven villagers who led protests against
forced land evictions in April 2007, and was convicted of ``extortion
and blackmail.'' Labor activist Yao Fuxin remained in prison in very
poor health, in part because of abuse suffered in prison and inadequate
access to medical attention. Authorities continued to deny his family's
requests for medical parole. The poor health of reform activist Liu Jie
reportedly eroded further as a result of inadequate medical care and
other harsh treatment suffered while in detention. In April cyber
dissident He Depu wrote a letter to International Olympic Committee
President Jacques Rogge complaining about deteriorating conditions for
himself and other political prisoners. Prison officials reportedly
denied a February request from family members that He be released on
medical parole, and He's health reportedly remained poor due to medical
neglect and maltreatment. Many other prisoners with serious health
concerns remained in prison at year's end. Prison officials often
denied privileges, including the ability to purchase outside food, make
telephone calls, and receive family visits to those who refused to
acknowledge guilt.
Conditions in administrative detention facilities, such as RTL
camps, were similar to those in prisons. Beating deaths occurred in
administrative detention and RTL facilities.
The law requires juveniles to be held separately from adults,
unless facilities are insufficient. In practice children sometimes were
held with adult prisoners and required to work. Political prisoners
were segregated from each other and placed with common criminals, who
sometimes beat political prisoners at the instigation of guards. Newly
arrived prisoners or those who refused to acknowledge committing crimes
were particularly vulnerable to beatings.
The Government generally did not permit independent monitoring of
prisons or RTL camps, and prisoners remained inaccessible to local and
international human rights organizations, media groups, and the
International Committee of the Red Cross (ICRC).
d. Arbitrary Arrest or Detention.--Arbitrary arrest and detention
remained serious problems. The law permits police and security
authorities to detain persons without arresting or charging them.
Because the Government tightly controlled information, it was
impossible to determine accurately the total number of persons
subjected to arbitrary arrest or detention.
Role of the Police and Security Apparatus.--The security apparatus
is made up of the Ministries of State Security and Public Security, the
People's Armed Police, the People's Liberation Army (PLA), and the
state judicial, procuratorial, and penal systems. The Ministries of
State Security and Public Security and the People's Armed Police were
responsible for internal security. The Supreme People's Procuratorate
(SPP) and the Supreme People's Court (SPC) officials admitted that
courts and prosecutors often deferred to the security ministries on
policy matters and individual cases. The SPP was responsible for the
investigation of corruption and duty crimes. The PLA was responsible
for external security but also had some domestic security
responsibilities.
The Ministry of Public Security (MPS) coordinates the country's law
enforcement, which is administratively organized into local, county,
provincial, and specialized police agencies. Some efforts were made to
strengthen historically weak regulation and management of law
enforcement agencies; however, judicial oversight was limited, and
checks and balances were absent. Corruption at the local level was
widespread. Security officials, including ``urban management''
officials, reportedly took individuals into custody without just cause,
arbitrarily collected fees from individuals charged with crimes, and
mentally and physically abused victims and perpetrators.
The SPP acknowledged continuing widespread abuse in law
enforcement. Domestic news media reported the convictions of public
security officials who had beaten to death suspects or prisoners in
their custody. On October 23, Li Litian, a former policeman in Zhoukou
City, Henan Province, was executed for killing laid-off worker Li
Shengli in 2004. Li Litian and five other officers beat Li Shengli at
the request of a local court official with whom Li Shengli had a
dispute. After beating Li Shengli, police threw him off of the third
story of the police station. The court official, Lu Liusheng, was
sentenced to death with a two-year reprieve in May 2007. Investigation
of misconduct typically only came in response to publicity, public
pressure, and persistent efforts by relatives of victims to petition
the Government.
Arrest and Detention.--Public security organs do not require court-
approved warrants to detain suspects under their administrative
detention powers. After detention the procuracy can approve formal
arrest without court approval. According to the law, in routine
criminal cases police can unilaterally detain persons for up to 37 days
before releasing them or formally placing them under arrest. After a
suspect is arrested, the law allows police and prosecutors to detain a
person for up to seven months while public security organs further
investigate the case. Another 45 days of detention are allowed where
public security organs refer a case to the procuratorate to decide
whether to file charges. If charges are filed, authorities can detain a
suspect for an additional 45 day period between filing and trial.
However, in practice the police sometimes detained persons beyond the
time limits stipulated by law. In some cases, investigating security
agents or prosecutors sought repeated extensions, resulting in pretrial
detention of a year or longer. The criminal procedure law allows
detainees access to lawyers before formal charges are filed, although
police often limited such access.
The criminal procedure law requires a court to provide a lawyer to
a defendant who is blind, deaf, mute, a minor, or persons who may be
sentenced to death, if the defendant has not already retained a lawyer.
This law applies whether or not the defendant is indigent. Courts may
also provide lawyers to other criminal defendants who cannot afford
them, although courts often did not appoint counsel in such
circumstances.
Detained criminal suspects, defendants, their legal
representatives, and close relatives are entitled to apply for bail;
however, in practice few suspects were released on bail pending trial.
The Government used incommunicado detention. The law requires
notification of family members within 24 hours of detention, but
individuals often were held without notification for significantly
longer periods, especially in politically sensitive cases. Under a
sweeping exception, officials were not required to provide notification
if doing so would ``hinder the investigation'' of a case. In some cases
police treated those with no immediate family more severely.
There were numerous reports of citizens who reportedly were
detained with no or severely delayed notice. For example, on February
5, a court in Hanzhou sentenced writer and rights activist Lu Gengsong
to four years in prison for ``inciting subversion of state power.'' Lu
was detained in August 2007 following publication of articles critical
of authorities. On March 5, consumer rights advocate Chen Shuwei was
seized without warrant by a dozen police officers in a Beijing hotel
and held without charge until March 20. On March 7, human rights
activist and lawyer Teng Biao was taken by Beijing Public Security
agents and held incommunicado for two days. On May 18, police detained
Nanjing-based blogger and professor Guo Quan after Guo posted articles
critical of the Government's response to the May 12 earthquake in
Sichuan Province. Guo was released 10 days later but was detained again
on November 13 by Nanjing authorities on suspicion of ``inciting
subversion of state power.''
The law permits nonjudicial panels, called labor reeducation
panels, to sentence persons without trial to three years in RTL camps
or other administrative detention programs. The labor reeducation
committee is authorized to extend a sentence up to one year. Defendants
could challenge RTL sentences under the administrative litigation law
and appeal for a reduction in, or suspension of, their sentences.
However, appeals rarely succeeded. Many other persons were detained in
similar forms of administrative detention, known as ``custody and
education'' (for women engaged in prostitution and those soliciting
prostitution) and ``custody and training'' (for minors who committed
crimes). Administrative detention was used to intimidate political
activists and prevent public demonstrations. On June 4, Chen Lianqing
was detained while petitioning authorities in Beijing to investigate
the murder of his father; he was later sent to RTL. Authorities used
special reeducation centers to prolong detention of Falun Gong
practitioners who had completed terms in RTL.
Authorities arrested persons on charges of revealing state secrets,
subversion, and common crimes to suppress political dissent and social
advocacy. Citizens also were detained and prosecuted under broad and
ambiguous state secrets laws for, among other actions, disclosing
information on criminal trials, meetings, and government activity.
Information could retroactively be classified a state secret by the
Government.
During the year human rights activists, journalists, unregistered
religious figures, and former political prisoners and their family
members were among those targeted for arbitrary detention or arrest.
The Government continued to use house arrest as a nonjudicial
punishment and control measure against dissidents, former political
prisoners, family members of political prisoners, petitioners,
underground religious figures, and others it deemed politically
sensitive. House arrest encompassed varying degrees of stringency but
sometimes included complete isolation in one's own home or another
location under lock and guard. In some cases house arrest involved
constant monitoring, but the target of house arrest was occasionally
permitted to leave the home to work or run errands. Sometimes those
under house arrest were required to ride in the vehicles of their
police monitors when venturing outside. When outside the home, the
subject of house arrest was usually, but not always, under
surveillance. In some instances security officials assumed invasive
positions within the family home, rather than monitoring from the
outside.
On April 3, a Beijing court sentenced HIV/AIDS and environmental
activist Hu Jia to three years and six months in prison for ``inciting
subversion'' of state authority. Hu Jia was detained in December 2007
on suspicion of inciting subversion. Hu Jia's wife, activist Zeng
Jinyan, remained under house arrest with the couple's newborn child.
During the Olympics, authorities required Zeng and her child to go to
the northeastern city of Dalian, and restricted Zeng's contact with
outsiders. On May 31, police at Guiyang Airport apprehended human
rights activist Chen Xi as he was attempting to fly to Beijing to
commemorate the Tiananmen massacre. He was detained for nine hours
without explanation and then sent home, where he remained under house
arrest. Several underground Catholic clergy were under house arrest for
varying periods during the year. The longest serving among them may be
Bishop Su Zhimin, who has reportedly been detained in a form of house
arrest in Baoding, Hebei Province, since 1997. An unverified 2006 press
report stated that Bishop Su had died in custody; the Government has
never responded to inquiries about Bishop Su.
Police continued the practice of placing under surveillance,
harassing, and detaining citizens around politically sensitive events,
including before the third anniversary of Zhao Ziyang's death, the
plenary sessions of the National People's Congress (NPC) and the
Chinese People's Political Consultative Conference (CPPCC), and the
Olympic Games. Authorities in the XUAR used house arrest and other
forms of arbitrary detention against those accused of subscribing to
the ``three evils'' of religious extremism, ``splittism,'' and
terrorism. Raids, detentions, arrests, and judicial punishments
indiscriminately affected not only those suspected of supporting
terrorism but also those who peacefully sought to pursue political
goals or to worship.
e. Denial of Fair Public Trial.--The law states that the courts
shall exercise judicial power independently, without interference from
administrative organs, social organizations, and individuals. However,
in practice the judiciary was not independent. It received policy
guidance from both the Government and the CCP, whose leaders used a
variety of means to direct courts on verdicts and sentences,
particularly in politically sensitive cases. At both the central and
local levels, the Government and CCP frequently interfered in the
judicial system and dictated court decisions. Trial judges decide
individual cases under the direction of the adjudication committee in
each court. In addition the CCP's law and politics committee, which
includes representatives of the police, security services,
procuratorate, and courts, had the authority to review and influence
court operations at all levels of the judiciary; in some cases the
committee altered decisions. People's congresses also had authority to
alter court decisions, but this happened rarely.
Corruption often influenced judicial decision making, and
safeguards against corruption were vague and poorly enforced. Local
governments appointed judges at the corresponding level of the judicial
structure. Judges received their court finances and salaries from these
government bodies and could be replaced by them. Local authorities
often exerted undue influence over the judges they appointed and
financed. Several high-profile corruption cases involved procuracy
officials.
Courts lacked the independence and authority to rule on the
constitutionality of laws. The law permits organizations or individuals
to question laws and regulations they believe contradict the
constitution, but a constitutional challenge first requires
consultation with the body drafting the questioned regulation and can
only be appealed to the NPC. Accordingly, lawyers had little or no
opportunity to use the constitution in litigation.
The SPC is followed in descending order by the higher,
intermediate, and basic people's courts. These courts handle criminal,
civil, and administrative cases, including appeals of decisions by
police and security officials to use RTL and other forms of
administrative detention. There were special courts for handling
military, maritime, and railway transport cases.
The CCP used a form of discipline known as shuang gui for
violations of party discipline, but there were reports of its use
against nonparty members. Shuang gui is similar to house arrest and can
be authorized without judicial involvement or oversight. Shuang gui
requires the CCP party member under investigation to submit to
questioning at a designated place and time. According to regulations of
the Central Discipline Inspection Commission (CDIC) governing shuang
gui, corporal punishment is banned, the member's dignity must be
respected, and he or she is regarded as a comrade unless violations are
proved. Absent any legal oversight, it is unclear how these regulations
were enforced in practice.
Trial Procedures.--Trials took place before a judge, who often was
accompanied by ``people's assessors,'' lay persons hired by the court
to assist in decision making. According to law, people's assessors had
authority similar to judges, but in practice they deferred to judges
and did not exercise an independent jury-like function.
There was no presumption of innocence, and the criminal justice
system was biased toward a presumption of guilt, especially in high-
profile or politically sensitive cases. The combined conviction rate
for first and second instance criminal trials was more than 99 percent
in 2007; 933,156 defendants were tried, and 1,417 were found not
guilty. In many politically sensitive trials, which rarely lasted more
than several hours, the courts handed down guilty verdicts immediately
following proceedings. Courts often punished defendants who refused to
acknowledge guilt with harsher sentences than those who confessed.
There was an appeals process, but appeals rarely resulted in reversed
verdicts. Appeals processes failed to provide sufficient avenues for
review, and there were inadequate remedies for violations of
defendants' rights.
SPC regulations require all trials to be open to the public, with
certain exceptions, such as cases involving state secrets, privacy, and
minors. Authorities used the legal exception for cases involving state
secrets to keep politically sensitive proceedings closed to the public
and sometimes even to family members and to withhold access to defense
counsel. Under the regulations, foreigners with valid identification
are allowed the same access to trials as citizens, but in practice
foreigners were permitted to attend court proceedings by invitation
only. As in past years, foreign diplomats and journalists sought
permission to attend a number of trials only to have court officials
reclassify them as ``state secret'' cases, fill all available seats
with security officials, or otherwise close them to the public. For
example, foreign diplomats requested but were denied permission to
attend Hu Jia's March 18 trial on charges of subverting state
authority. Some trials were broadcast, and court proceedings were a
regular television feature. A few courts published their verdicts on
the Internet.
The law gives most suspects the right to seek legal counsel shortly
after their initial detention and interrogation, although police
frequently interfered with this right. Individuals who face
administrative detention do not have the right to seek legal counsel.
Both criminal and administrative cases remained eligible for legal
aid, although 70 percent or more of criminal defendants still went to
trial without a lawyer. According to the Ministry of Justice, the
number of legal-aid cases reached 420,000 in 2007, 3.3 times the 2002
figure. The country had 12,285 full-time legal aid personnel, including
5,927 lawyers, and 76,890 registered volunteers at the end of 2007,
although the number of legal-aid personnel remained inadequate to meet
demand. Nonattorney legal advisors and volunteers provided the only
legal aid options in many areas. According to the SPC's March work
report to the NPC, courts over the past five years have waived RMB 5.4
billion ($790 million) in litigation costs.
Government-employed lawyers often refused to represent defendants
in politically sensitive cases, and defendants frequently found it
difficult to find an attorney. When defendants were able to retain
counsel in politically sensitive cases, government officials sometimes
prevented effective representation of counsel. Officials deployed a
wide range of tactics to obstruct the work of lawyers representing
sensitive clients, including unlawful detentions, disbarment,
intimidation, refusal to allow a case to be tried before a court, and
physical abuse.
During the year the Beijing Judicial Bureau refused to renew the
professional license of distinguished lawyer Teng Biao, who offered to
represent Tibetans taken into custody for their role in the March
protests in Lhasa. Other lawyers deprived of their license to practice
law included Henan lawyers Li Wusi and Li Subin; Shanghai lawyers Zheng
Enchong and Guo Guoting; Beijing lawyer Gao Zhisheng; and Guangdong
lawyers Tang Jingling, Guo Yan, and Yang Zaixin. On June 2, Beijing-
based lawyer Pu Zhiqiang, who was barred from commemorating the June 4
massacre in Tiananmen Square, was followed by Beijing police and
detained on June 3 for several hours.
According to the law, defense attorneys can be held responsible if
their client commits perjury, and prosecutors and judges have wide
discretion to decide what constitutes perjury. In some sensitive cases,
lawyers had no pretrial access to their clients, and defendants and
lawyers were not allowed to speak during trials. In practice criminal
defendants often were not assigned an attorney until a case was brought
to court. Even in nonsensitive criminal trials, only one in seven
defendants reportedly had legal representation.
The mechanism that allows defendants to confront their accusers was
inadequate; the percentage of witnesses who came to court in criminal
cases was less than 10 percent and as low as 1 percent in some courts.
According to one expert, only 1 to 5 percent of trials involved
witnesses. In most criminal trials, prosecutors read witness
statements, which neither the defendant nor his lawyer had an
opportunity to question. Approximately 95 percent of witnesses in
criminal cases did not appear in court to testify, sometimes due to
hardship or fear of reprisals. Although the criminal procedure law
states pretrial witness statements cannot serve as the sole basis for
conviction, officials relied heavily on such statements to support
their cases. Defense attorneys had no authority to compel witnesses to
testify or to mandate discovery, although they could apply for access
to government-held evidence relevant to their case. In practice
pretrial access to information was minimal, and the defense often
lacked adequate opportunity to prepare for trial.
Police and prosecutorial officials often ignored the due process
provisions of the law, which led to particularly egregious consequences
in death penalty cases. By law there are at least 68 capital offenses,
including nonviolent financial crimes such as counterfeiting currency,
embezzlement, and corruption.
In 2007 the SPC reassumed jurisdiction to conduct final review of
death penalty cases handed down for immediate execution (but not death
sentences handed down with a two-year reprieve). In most cases the SPC
does not have authority to issue a new decision or declare a defendant
innocent if it discovers errors in the original judgment, and can only
approve or disapprove lower court decisions. SPC spokesman Ni Shouming
stated that, since reassuming the death penalty review power in January
2007, the SPC had rejected 15 percent of the cases it reviewed due to
unclear facts, insufficient evidence, inappropriateness of the death
sentence in some cases, and inadequate trial procedures. The SPC
remanded these cases back to lower courts for further proceedings,
although it did not provide underlying statistics or figures. Because
official statistics remained a state secret it was not possible to
evaluate independently the implementation and effects of the
procedures.
Following the SPC's reassumption of death penalty review power,
executions were not to be carried out on the date of conviction, but
only with the SPC's approval. On May 23, the chief judge of the third
criminal law division of the SPC declared that since the implementation
of this reform, the number of death sentences with a two-year reprieve
surpassed the number of immediate-execution death sentences. Media
reports stated that approximately 10 percent of executions were for
economic crimes, especially corruption.
Through the monitoring of publicly available records and reports,
Amnesty International estimated that in 2007 at least 470 persons were
executed and 1,860 persons were sentenced to death, although Amnesty
stated that the true figures were believed to be much higher. The
foreign-based Dui Hua Foundation estimated that about 6,000 persons
were executed in 2007, a 25 to 30 percent decrease from the previous
year's estimate.
Political Prisoners and Detainees.--Government officials continued
to deny holding any political prisoners, asserting that authorities
detained persons not for their political or religious views, but
because they violated the law; however, the authorities continued to
confine citizens for reasons related to politics and religion. Tens of
thousands of political prisoners remained incarcerated, some in prisons
and others in RTL camps or administrative detention. The Government did
not grant international humanitarian organizations access to political
prisoners.
Foreign NGOs estimated that several hundred persons remained in
prison for the repealed crime of ``counterrevolution,'' and thousands
of others were serving sentences under the state security law, which
authorities stated covers crimes similar to counterrevolution. Foreign
governments urged the Government to review the cases of those charged
before 1997 with counterrevolution and to release those who had been
jailed for nonviolent offenses under provisions of the criminal law,
which were eliminated when the law was revised. No systematic review
has occurred. The Government maintained that prisoners serving
sentences for counterrevolution and endangering state security were
eligible on an equal basis for sentence reduction and parole, but
evidence suggested that political prisoners benefitted from early
release at lower rates than those enjoyed by other prisoners. Dozens of
persons were believed to remain in prison in connection with their
involvement in the 1989 Tiananmen prodemocracy movement. International
organizations estimated that at least 10 and as many as 200 Tiananmen
activists were still in prison. The exact number was unknown because
official statistics have never been made public.
Many political prisoners remained in prison or under other forms of
detention at year's end, including rights activists Hu Jia and Wang
Bingzhang; Alim and Ablikim Abdureyim, sons of Uighur activist Rebiya
Kadeer; journalist Shi Tao; dissident Wang Xiaoning; land-rights
activist Yang Chunlin; Internet writers Yang Zili and Xu Wei; labor
activists Yao Fuxin, Hu Mingjun, Huang Xiangwei, Kong Youping, Ning
Xianhua, Li Jianfeng, Li Xintao, Lin Shun'an, Yue Tianxiang, Li
Wangyang, and She Wanbao; CDP cofounder Qin Yongmin; family planning
whistleblower Chen Guangcheng; Bishop Su Zhimin; Christian activist
Zhang Rongliang; Inner Mongolian activist Hada; Uighurs Tohti Tunyaz
and Dilkex Tilivaldi; and Tibetans Jigme Gyatso, Tenzin Deleg, and
Gendun Choekyi Nyima. Labor activist Hu Shigen was released in August.
Political prisoners obtained parole and sentence reduction much less
frequently than ordinary prisoners.
Criminal punishments included ``deprivation of political rights''
for a fixed period after release from prison, during which the
individual is denied the already-limited rights of free speech and
association granted to other citizens. Former prisoners sometimes found
their status in society, ability to find employment, freedom to travel,
and access to residence permits and social services severely
restricted. Former political prisoners and their families frequently
were subjected to police surveillance, telephone wiretaps, searches,
and other forms of harassment, and some encountered difficulty in
obtaining or keeping employment and housing.
Civil Judicial Procedures and Remedies.--Courts deciding civil
matters suffered from internal and external limitations on judicial
independence. The State Compensation Law provides administrative and
judicial remedies for deprivations of criminal rights, such as wrongful
arrest or conviction, extortion of confession by torture, or unlawful
use of force resulting in bodily injury. In civil matters, prevailing
parties often found it difficult to enforce court orders, and
resistance to the enforcement sometimes extended to forcible resistance
to court police.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law states that the ``freedom and privacy of
correspondence of citizens are protected by law;'' however, the
authorities often did not respect the privacy of citizens in practice.
Although the law requires warrants before law enforcement officials can
search premises, this provision frequently was ignored; moreover, the
Public Security Bureau (PSB) and prosecutors can issue search warrants
on their own authority without judicial consent, review, or
consideration. Cases of forced entry by police officers continued to be
reported.
During the year authorities monitored telephone conversations,
facsimile transmissions, e-mail, text messaging, and Internet
communications. Authorities also opened and censored domestic and
international mail. The security services routinely monitored and
entered residences and offices to gain access to computers, telephones,
and fax machines. All major hotels had a sizable internal security
presence, and hotel guestrooms were sometimes bugged and searched for
sensitive or proprietary materials.
Some citizens were under heavy surveillance and routinely had their
telephone calls monitored or telephone service disrupted. The
authorities frequently warned dissidents and activists, underground
religious figures, former political prisoners, and others whom the
Government considered to be troublemakers not to meet with foreign
journalists or diplomats, especially before sensitive anniversaries, at
the time of important government or party meetings, and during the
visits of high-level foreign officials. Security personnel also
harassed and detained the family members of political prisoners,
including following them to meetings with foreign reporters and
diplomats and urging them to remain silent about the cases of their
relatives.
Forced relocation because of urban development continued and in
some locations increased during the year. During the year protests over
relocation terms or compensation, some of which included thousands of
participants, were increasingly common and some protest leaders were
prosecuted. There were numerous reports that evictions in Beijing were
linked to construction for the Olympics. In rural areas relocation for
infrastructure and commercial development projects resulted in the
forced relocation of millions of persons.
The Government restricted the rights of parents to choose the
number of children they will have and the period of time between
births. While the national family planning authorities shifted their
emphasis from lowering fertility rates to maintaining low fertility
rates and emphasized quality of care in family planning practices, the
country's birth limitation policies retained harshly coercive elements
in law and practice. The penalties for violating the law are strict,
leaving some women little choice but to abort pregnancies. Although
some officials suggested that adjustments to the policy were needed to
address aging and sex-ratio at birth problems, during the year the
family planning minister announced the policy would not change for at
least a decade.
The law standardizes the implementation of the Government's birth
limitation policies; however, enforcement varied significantly. The law
only grants married couples the right to have one birth and allows
eligible couples to apply for permission to have a second child if they
meet conditions stipulated in local and provincial regulations. The law
requires couples that have an unapproved child to pay a ``social
compensation fee,'' which sometimes reached 10 times a person's annual
disposable income, and grants preferential treatment to couples who
abide by the birth limits. Although the law states that officials
should not violate citizens' rights, these rights, as well as penalties
for violating them, are not clearly defined. The law provides
significant and detailed sanctions for officials who help persons evade
the birth limitations.
Social compensation fees are set and assessed at the local level.
The law requires family planning officials to obtain court approval
before taking ``forcible'' action, such as detaining family members or
confiscating and destroying property of families who refuse to pay
social compensation fees. However, in practice this requirement was not
always followed and the national authorities remained ineffective at
reducing abuses by local officials.
The one-child limit was more strictly applied in the cities, where
only couples meeting certain conditions (e.g., both parents are only
children) were permitted to have a second child. In most rural areas
the policy was more relaxed, with slightly more than half of women
permitted to have a second child if the first was a girl or had a
disability.
All provinces have regulations implementing the national family
planning law. For example, Anhui Province's law permits 13 categories
of couples, including coal miners, some remarried divorcees, and some
farm couples, to have a second child. Ethnic minorities, such as the
Uighurs and the Tibetans, are also allowed more than one child. Several
provinces--Anhui, Hebei, Heilongjiang, Hubei, Hunan, Jilin, Liaoning,
and Ningxia--require ``termination of pregnancy'' if the pregnancy
violates provincial family planning regulations. An additional 10
provinces--Fujian, Guizhou, Guangdong, Gansu, Jiangxi, Qinghai,
Sichuan, Shanxi, Shaanxi, and Yunnan--require unspecified ``remedial
measures'' to deal with out-of-plan pregnancies.
Zhejiang and Hunan provinces revised their regulations to eliminate
their birth spacing requirement to adjust for local circumstances.
Birth spacing policies are set at the provincial level, typically
requiring that a couple wait four years between births if the couple is
eligible to have a second child. If the second pregnancy occurs during
the four-year waiting period, it is considered an unapproved pregnancy
and local officials may require termination. However, Hunan Province
also raised the social compensation fee from two times a family's
annual income to up to six times if the family was wealthy. Hunan
Province also added that violators of the birth limitation regulations
could not work as public servants.
The country's population control policy relied on education,
propaganda, and economic incentives, as well as on more coercive
measures. Those who violated the child limit policy by having an
unapproved child or helping another do so faced disciplinary measures
such as social compensation fees, job loss or demotion, loss of
promotion opportunity, expulsion from the party (membership in which
was an unofficial requirement for certain jobs), and other
administrative punishments, including in some cases the destruction of
private property. In the case of families that already had two
children, one parent was often pressured to undergo sterilization. The
penalties sometimes left women with little practical choice but to
undergo abortion or sterilization.
In order to delay childbearing, the law sets the minimum marriage
age for women at 20 years and for men at 22 years. It continued to be
illegal in almost all provinces for a single woman to have a child. In
November 2007, Hunan Province adopted new penalties for children
conceived out of wedlock, requiring violators to pay 6 to 8 percent of
their income from the previous year, in addition to the standard social
compensation fee. The law states that family planning bureaus will
conduct pregnancy tests on married women and provide them with
unspecified ``follow-up'' services. Some provinces fined women who did
not undergo periodic pregnancy tests. For example, in Hebei Province
fines ranged from RMB 200 to RMB 500 (approximately $29 to $73), and in
Henan Province fines ranged from RMB 50 to RMB 500 ($7 to $73).
Officials at all levels remained subject to rewards or penalties
based on meeting the population goals set by their administrative
region. Promotions for local officials depended in part on meeting
population targets. Linking job promotion with an official's ability to
meet or exceed such targets provided a powerful structural incentive
for officials to employ coercive measures to meet population goals. In
an effort to meet local sterilization targets, officials in Gansu
Province, who were often promised a promotion and a monetary reward,
reportedly forcibly detained and sterilized a Tibetan woman who had
abided by local population planning requirements. There continued to be
sporadic reports of violations of citizens' rights by local officials
attempting to reduce the number of births in their region. In March
family-planning officials in Henan Province reportedly forcibly
detained a 23-year-old unmarried woman who was seven months pregnant.
Officials reportedly tied her to a bed, induced labor, and killed the
newborn upon delivery. In April population-planning officials in
Shandong Province reportedly detained and beat the sister of a woman
who had illegally conceived a second child in an attempt to compel the
woman to undergo an abortion. In November in XUAR, family planning
officials and police escorted a Uighur woman, Arzigul Tursun, who was
more than six months pregnant with her third child, to the hospital for
an abortion. Tursun had gone into hiding to save her pregnancy but
returned amid threats that her family's home and land would be
confiscated. After the situation was brought to the attention of
central government officials, Tursun was released from the hospital
without having to undergo the procedure.
According to law, citizens may sue officials who exceed their
authority in implementing birth-planning policy. However, there were
few protections for whistleblowers against retaliation from local
officials.
Laws and regulations forbid the termination of pregnancies based on
the sex of the fetus, but because of the intersection of birth
limitations with the traditional preference for male children,
particularly in rural areas, many families used ultrasound technology
to identify female fetuses and terminate these pregnancies. National
Population and Family Planning Commission (NPFPC) regulations ban
nonmedically necessary determinations of the sex of the fetus and sex-
selective abortions, but some Chinese experts believed that the
penalties for violating the regulations were not severe enough to deter
unlawful behavior. According to government estimates released on
February 28, the male-female sex ratio at birth was 120 to 100 at the
end of 2007 (compared with norms elsewhere of between 103 and 107 to
100).
Family members of activists and rights defenders, Falun Gong
practitioners, journalists, unregistered religious figures, and former
political prisoners were targeted for arbitrary arrest, detention, and
harassment. Some were required to leave Beijing during the Olympics.
Rights activist Zeng Jinyan, the wife of Hu Jia, reportedly was held at
a hotel in Dalian during the Olympics. After returning Zeng Jinyan to
her Beijing apartment, authorities kept her under close surveillance.
Yuan Weijing, the wife of legal advisor Chen Guangcheng, continued to
be subjected to ongoing harassment, including strict surveillance,
confinement to her home, and denial of prison visits.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, although the Government generally did not
respect these rights in practice. The Government interpreted the CCP's
``leading role,'' as mandated in the constitution, as superseding and
circumscribing these rights. The Government continued to control print,
broadcast, and electronic media tightly and used them to propagate
government views and CCP ideology. During the year the Government
increased censorship and manipulation of the press and the Internet
during major events, including the Tibetan protests in March through
June, the May 12 Sichuan earthquake, and the Olympic games. All media
were expected to abide by censorship guidelines issued by the party. In
a June 20 speech on propaganda work, CCP General Secretary Hu Jintao
reiterated local media's subordinate role to the party, telling
journalists they must ``serve socialism'' and the party.
Media outlets received regular guidance from the Central Propaganda
Department, which listed topics that should not be covered, including
politically sensitive topics. During the year propaganda officials
issued guidelines restricting media coverage of sensitive topics,
including demonstrations by parents whose children died in the May 12
Sichuan earthquake when their schools collapsed. On August 12, the Hong
Kong-based South China Morning Post reported that propaganda
authorities had issued a 21-point directive outlining how the domestic
media should handle certain stories during the Olympics. According to
the directive, Chinese journalists were barred from reporting on the
lifting of censorship of foreign Web sites during the Olympics, the
private lives of visiting heads of state, and Tibetan and Uighur
separatist movements, among other topics. The directive also ordered
journalists to report positively on Olympic security arrangements.
So long as the speaker did not publish views that challenged the
CCP or disseminate such views to overseas audiences, the range of
permissible topics for private speech continued to expand. Political
topics could be discussed privately and in small groups without
punishment, and criticisms of the Government were common topics of
daily speech. However, public speeches, academic discussions, and
speeches at meetings or in public forums covered by the media remained
circumscribed, as did speeches pertaining to sensitive social topics.
The Government also frequently monitored gatherings of
intellectuals, scholars, and dissidents where political or sensitive
issues were discussed. Those who aired views that disagreed with the
Government's position on controversial topics or disseminated such
views to domestic and overseas audiences risked punishment ranging from
disciplinary action at government work units to police interrogation
and detention. To commemorate human rights day on December 10, a group
of 303 intellectuals and activists released a petition calling for
human rights and democracy. Security forces questioned or detained
several signatories to the document. At year's end one signer, writer
Liu Xiaobo, remained in detention. On May 21, police in Liaoning
Province detained Shenyang resident Gao Qianhui a day after she posted
a YouTube video criticizing the lack of entertainment during the
national period of mourning for Sichuan earthquake victims.
The Central Propaganda Department continued to list subjects that
were off limits to the domestic media, and the Government maintained
authority to approve all programming. Nearly all print media, broadcast
media, and book publishers were owned by, or affiliated with, the CCP
or a government agency. There were a small number of privately owned
print publications, but no privately owned television or radio
stations. International media were not allowed to operate freely and
faced heavy restrictions.
In October the Government permanently adopted the Olympics-related
temporary regulations that expanded press freedoms for foreign media.
In a September 17 statement, the Foreign Correspondent's Club of China
(FCCC) noted some improvements in government transparency, including
the release of more official data, especially on environmental matters,
and increased access to government officials. However, the FCCC also
reported that local authorities continued to infringe upon the freedom
of foreign journalists to travel and conduct interviews, and that
during the year harassment of foreign journalists rose sharply,
particularly in the weeks before and during the Olympics. Between July
25, when the Olympics media center opened, and August 23, the day
before the Olympics closing ceremony, the FCCC reported 30 cases of
``reporting interference.'' On July 22, police manhandled Hong Kong
journalists who were covering a crowd attempting to purchase Olympic
tickets. In Kashgar, XUAR police detained and beat two Japanese
journalists attempting to cover the aftermath of an August 4 deadly
attack on a People's Armed Police unit. From August 8 to 11, a foreign
writer and photographer and a foreign photojournalist were detained and
searched repeatedly while attempting to cover bombings in the Xinjiang
Province. On August 13, Beijing police roughed up and detained a
journalist for Independent Television News who was covering a Tibet-
related protest near the Olympic village. Foreign correspondents were
still unable to visit the TAR without official permits, which rarely
were granted.
Between January 1 and December 2, the FCCC reported 178 incidents
of harassment compared with 160 cases for all of 2007. On January 24,
thugs in Shandong Province threw stones at a German television crew
attempting to meet with Yuan Weijing, the wife of imprisoned rights
activist Chen Guangcheng. In November thugs beat a Belgian television
crew attempting to cover the HIV/AIDS epidemic in Henan Province. The
thugs also robbed the crew of its tapes, camera memory card, mobile
phones, and money.
After protests and rioting broke out in Tibetan areas in March,
more than two dozen foreign reporters were turned away from or forced
to leave Tibetan areas, including Lhasa, Tibet's regional capital, and
Xiahe in Gansu Province. Also in Xiahe, authorities barred a foreign
film crew from using e-mail and ordered the crew not to report on the
police in riot gear and soldiers they saw headed toward Labrang
Monastery. Several other reporting teams were turned away from Tibetan
areas during this period, including a foreign television crew, which
was told that foreigners were not allowed into the area due to concerns
for their safety. In the weeks after the riots, several Beijing-based
foreign correspondents received death threats after their personal
contact information, including mobile phone numbers, was revealed on
the Internet.
In May police in Henan Province detained two Finnish journalists
for seven hours while preparing a report on a migrant worker who had
been employed on an Olympics-related construction site in Beijing.
In the immediate aftermath of the May 12 Sichuan earthquake,
authorities generally allowed foreign reporters access to the disaster
areas, although the FCCC reported some incidents of local authorities
detaining journalists and confiscating photos and videos. However, this
access was sharply curtailed by June when parents of children who had
died in collapsed school buildings began organizing protests. The FCCC
reported ten incidents of harassment and intimidation of foreign
reporters attempting to report on the school collapses.
Officials can be punished for unauthorized contact with
journalists. According to Reporters Without Borders (RSF), Li Fuguo, a
municipal official in Fuyang, Anhui Province, died in prison in March.
RSF reported that Li was arrested in August 2007 after speaking with a
journalist about an illegal requisition of farm land. Prison officials,
RSF reported, claimed Li took his own life.
In December the Committee to Protect Journalists documented the
cases of 28 imprisoned journalists. Editors and journalists continued
to practice self-censorship as the primary means for the party to limit
freedom of the press on a day-to-day basis. Official guidance on
permitted speech was often vague, subject to change at the whim of
propaganda officials, and retroactively enforced. Propaganda
authorities can force newspapers to fire editors and journalists who
print articles that conflict with official views and can suspend or
close publications. The system of post-publication punishment
encourages editors to take a conservative approach since a publication
could face enormous business losses if it were suspended for
inadvertently printing forbidden content. In September authorities
ordered the China Business Post to suspend publication for three months
as punishment for publication of an article critical of the
Agricultural Bank of China.
Government officials used criminal prosecution, civil lawsuits, and
other punishments, including violence, detention, and other forms of
harassment, to intimidate authors and domestic journalists and block
controversial writings. On January 4, officials in Xifeng, Liaoning
Province, dispatched police to Beijing to arrest Zhu Wenna, a reporter
for the magazine Faren Zazhi, on defamation charges after Zhu
criticized a local communist party leader in a story about a contested
land seizure in Xifeng. Xifeng officials abandoned efforts to arrest
Zhu after a public and media outcry. On June 10, police in Chengdu
detained Internet writer and activist Huang Qi, director and cofounder
of the Tianwang Human Rights Center in Chengdu, after he posted an
article on his Web site criticizing the Government's handling of the
May 12 earthquake. On August 8, a reporter for the Chengdu newspaper,
Peng Shijun, was reportedly beaten by thugs and hospitalized while
reporting on alleged false advertising by a language translation school
in Xian, Shaanxi Province.
A domestic journalist can face demotion or job loss for publishing
views that challenge the Government. In April journalist Zhang Ping
(who writes under the name Chang Ping) was demoted from his job as
deputy editor of Nandu Weekly after publishing an article on his blog
critical of official censorship surrounding the outbreak of protests in
Tibet. In August Mehbube Ablesh, a Uighur writer, poet, and employee of
Xinjiang People's Radio, was fired from her post and detained by police
after posting articles online that criticized the central government
and provincial leaders.
Journalists who remained in prison included Lu Gengsong, Lu
Jianhua, Huang Jinqiu, Yu Huafeng, Li Minying, Cheng Yizhong, and Shi
Tao. In February Ching Cheong, who had been imprisoned since 2005 on
espionage charges, was released unexpectedly. During the year, Li
Changqing, former deputy news director of the Fuzhou Ribao, was
released after serving his two-year sentence in prison. However,
authorities refused to issue Li Changqing a passport, preventing him
from traveling overseas to receive the World Association of Newspapers'
Gold Pen prize. Authorities stopped Li's wife, Bao Dingling, at
Beijing's airport when she attempted to attend the June 2 award
ceremony on her husband's behalf.
During the year journalists and editors who exposed corruption
scandals frequently faced problems with the authorities. On May 16,
police in Heilongjiang Province reportedly detained Ren Shangyan,
assistant director of the corruption-monitoring Web site China Justice
Advocacy Web (Zhonghua Shenzheng Wang), for her reporting on national
and local corruption cases. Newspapers and journalists who reported on
corruption without government or party approval faced possible
sanction, although authorities allowed reporting on some high-profile
cases. On May 13, Qi Chonghuai, a journalist in Shandong Province, was
convicted of ``extortion and blackmail'' and sentenced to four years in
prison. Qi was arrested in June 2007 after he and a friend published an
article on the Xinhuanet Web site alleging official corruption in the
Tengzhou Communist Party. The coauthor of the article, photographer Ma
Shiping, remained in jail at year's end. On May 13, He Yanjie, who was
working as Qi's research assistant, was sentenced to two years in
prison.
According to an official report, during the year authorities
confiscated more than 83 million copies of ``pornographic, pirated, and
unauthorized publications.'' Some copies of the July 24 edition of the
Beijing News were removed from newsstands after the paper printed a
photo related to the 1989 Tiananmen Square crackdown. The paper also
removed the related story from its Web site.
Officials continued to censor, ban, and sanction reporting on
labor, health, environmental crises, and industrial accidents. Official
censorship, including strict media controls surrounding the Beijing
Olympic Games, prevented timely reporting by Chinese journalists of the
discovery of dairy products tainted with the chemical melamine.
Authorities later restricted reporting on efforts by parents of
children harmed by the tainted products to seek redress through the
court system.
By law only government-approved publishing houses were permitted to
print books. The State Press and Publications Administration (PPA)
controlled all licenses to publish. No newspaper, periodical, book,
audio, video, or electronic publication may be printed or distributed
without the PPA and relevant provincial publishing authorities'
approval of both the printer and distributor. Individuals who attempted
to publish without government approval faced imprisonment, fines,
confiscation of their books, and other sanctions. The CCP exerted
control over the publishing industry by preemptively classifying
certain topics as off-limits.
During a nationwide teleconference on January 17, party propaganda
department head Liu Yunshan ordered officials to step up the campaign
against ``illegal publications,'' a term that includes pornography and
pirated material, but also any content deemed politically subversive.
Many intellectuals and scholars exercised self-censorship,
anticipating that books or papers on political topics would be deemed
too sensitive to be published. The censorship process for private and
government media also increasingly relied on self-censorship and, in a
few cases, post-publication sanctions.
At year's end Korash Huseyin, the former editor of the Uighur-
language Kashgar Literature Journal, remained in an undisclosed prison.
In late 2004 Huseyin was sentenced to three years for publishing
Nurmuhemmet Yasin's short story ``Wild Pigeon,'' which authorities
considered critical of CCP rule of Xinjiang. Yasin remained in prison
serving a 10-year sentence. Authorities continued to ban books with
content they deemed controversial.
The authorities continued to jam, with varying degrees of success,
Chinese--, Uighur--, and Tibetan-language broadcasts of the Voice of
America (VOA), Radio Free Asia (RFA), and the BBC. English-language
broadcasts on VOA generally were not jammed. Government jamming of RFA
and BBC appeared to be more frequent and effective. Internet
distribution of ``streaming radio'' news and ``podcasts'' from these
sources often was blocked. Despite jamming overseas broadcasts, VOA,
BBC, RFA, Deutsche Welle, and Radio France International had large
audiences, including human rights advocates, ordinary citizens, and
government officials.
Television broadcasts of foreign news, which were largely
restricted to hotels and foreign residence compounds, were occasionally
subject to censorship. According to an October 18 report by the
communication news Web site c114.net, in the first half of the year
authorities confiscated more than 110,000 private satellite dishes and
closed over 2,000 vendors of illegal satellite equipment. In the days
following the outbreak of the March 14 riots in Lhasa and protests in
other Tibetan communities, authorities cut off satellite feeds from the
BBC World News and CNN when the stations aired reports about Tibet.
Such censorship of foreign broadcasts also occurred around the
anniversary of the 1989 crackdown in Tiananmen Square. Individual
issues of foreign newspapers and magazines were occasionally banned
when they contained articles deemed too sensitive. Authorities banned
the May issue of the Far Eastern Economic Review, reportedly because of
an article headlined, ``Beijing Embraces Classical Fascism.''
Politically sensitive coverage in Chinese, and to a lesser extent
in English, was censored more than coverage in other languages. The
Government prohibited some foreign and domestic films deemed too
sensitive.
Internet Freedom.--During the year the China Internet Network
Information Center reported that the number of Internet users increased
to 298 million, 91 percent of whom had broadband access. The Government
took steps to monitor Internet use, control content, restrict
information, and punish those who violated regulations, but these
measures were not universally effective. A large number of Internet
users used proxy servers to access banned content. During the year
political dissidents successfully used Internet instant-messaging
technology to hold large-scale, virtual meetings.
The MPS, which monitors the Internet under guidance from the
Central Propaganda Department, employed thousands of persons at the
national, provincial, and local levels to monitor electronic
communications. Xinhua News Agency reported that during the year
authorities closed 14,000 illegal Web sites and deleted more than
490,000 items of ``harmful'' content from the Internet. In 2007
authorities reported closing 62,600 illegal Web sites as part of a
nationwide crackdown on ``illegal and pornographic'' publications. Many
Web sites included images of cartoon police officers that warn users to
stay away from forbidden content. Operators of Web portals, blog
hosting services, and other content providers engaged in self-
censorship to ensure their servers were free from politically sensitive
content.
Individuals using the Internet in public libraries were required to
register using their national identity card. Internet usage reportedly
was monitored at all terminals in public libraries. Internet cafes were
required to install software that allows government officials to
monitor customers' Internet usage. Internet users at cafes were often
subject to surveillance. Many cafes sporadically enforced regulations
requiring patrons to provide identification.
The Government consistently blocked access to Web sites it deemed
controversial, especially those discussing Taiwanese and Tibetan
independence, underground religious and spiritual organizations,
democracy activists, and the 1989 Tiananmen crackdown. The Government
also at times blocked access to selected sites operated by major
foreign news outlets, health organizations, foreign governments, and
educational institutions. During the year, particularly during the
outbreak of unrest in Tibet and the run--up to the Olympic Games,
authorities maintained tight control over Internet news and
information. Computers set up at the Olympic press center were subject
to censorship, and journalists complained that they were unable to
visit some overseas Web sites. Following complaints by foreign
reporters, many normally blocked Web sites were temporarily available
during the games. During the Olympics, authorities temporarily blocked
iTunes, reportedly because officials were concerned that Olympic
athletes were downloading pro-Tibet songs.
Authorities employed an array of technical measures to block
sensitive Web sites based in foreign countries. The ability of users to
access sensitive foreign Web sites varied from city to city. Internet
police were also able to automatically censor e-mail and web chats
based on an ever-changing list of sensitive key words, such as ``Falun
Gong'' and ``Tibetan independence.'' While such censorship was
effective in keeping casual users away from sensitive content, it was
defeated easily through the use of various technologies. Software for
defeating official censorship was readily available inside the country.
Despite official monitoring and censorship, during the year some
dissidents continued to use voice-over-Internet and instant messaging
software, such as Skype, to conduct online meetings and events.
Given the limitations of technical censorship, self-censorship by
Internet companies remained the primary means for authorities to
restrict speech online. All Web sites are required to be licensed by,
or registered with, the Ministry of Information Industry and all
Internet content providers inside the country faced the potential
suspension of their licenses for failing to adequately monitor users of
e-mail, chat rooms, and instant messaging services. The Internet
Society of China, a group composed of private and state-run Internet
companies, government offices, and academic institutions, cosponsored a
Web site, China Internet Illegal Information Reporting Centre
(ciirc.china.cn), which invited members of the public to report illegal
online activity. Users were able to use the site to report crimes such
as pornography, fraud and gambling, but also ``attacks on the party and
government.'' Self-censorship by blog-hosting services intensified in
the weeks before and during the Olympic Games.
An October report by the OpenNet Initiative Asia and the
Information Warfare Monitor revealed that TOM--Skype, a Chinese version
of the Skype Internet communication software, was logging and saving
user messages on to TOM--Skype servers based on the presence of
sensitive key words, such as ``Communist Party,'' ``Falun Gong,'' and
``Taiwan independence.'' In response to the report, Skype President
Josh Silverman stated that while Skype's Chinese partner, TOM Online,
monitored and blocked certain messages in accordance with Chinese law,
the logging and storage of such messages was conducted without Skype's
knowledge.
In January provisions went into effect reiterating licensing
requirements for audio-- and video-hosting Web sites, requiring them to
be state owned or state controlled. In March the Government reported
the results of the two-month crackdown on audio and video, as well as
online map and geographical information Web sites, reporting that it
shut down 25 video Web sites and warned 32 others for, among other
things, failing to have the proper license or ``endangering the
security and interest of the state.'' The Government also reported that
most of the 10,000 Web sites that provided online maps did so without
approval and were subject to closure. In April the Government began a
year-long campaign to remove ``illegal'' maps from the Internet,
including those that label Taiwan as a country or fail to note the
Government's territorial claims in the South China Seas, the Diaoyu
Island, and the Chiwei Islands.
During the year authorities continued to jail numerous Internet
writers for peaceful expression of political views. For example on June
5, authorities in Shanghai detained Feng Zhenghu, a rights defender,
online writer, and freelance journalist, on suspicion of
``intentionally disturbing public order.'' The charges came after Feng
published and distributed a list of wrongful convictions handed down by
Shanghai courts, along with other writings. Feng was released June 15.
On June 27, Sun Lin, a reporter for the foreign-based Web site Boxun,
was sentenced to four years in prison for creating social unrest. Sun
and his wife He Fang were arrested in May 2007 after Sun wrote articles
on sensitive subjects, including crime and police brutality. He Fang
was also charged and given a suspended sentence. In July Internet
writer Du Daobin was rearrested and ordered to serve the remaining two
years of a previously suspended sentence for ``inciting subversion of
state power.'' On July 5, Shanghai PSB officers traveled to Suzhou to
arrest 23-year-old blogger Jia Xiaoyin, who later was charged with
libel for ``spreading rumors'' that Yang Jia's killing of six Shanghai
police officers July 1 was ``justifiable homicide'' because police
allegedly had tortured Yang (See Section 1.a). Jia's parents were not
notified of his arrest until mid-October. At year's end he was awaiting
trial. In May Chen Daojun, an Internet writer and environmental
activist based in Chengdu, Sichuan Province was arrested, and on
November 21 he was sentenced to three years in prison for ``inciting
subversion of state power.'' Chen was arrested after he participated in
an environmental protest and posted articles online supportive of
Tibetan demonstrators. According to Chen's lawyer, three of his
articles were submitted as evidence that he had attacked the CCP.
According to the PEN American Center, persons who remained in
prison as a result of their online writings and activities included:
Zhu Yufu (who was sentenced to two additional years in prison), Guo
Qizhen, Jin Haike, Kong Youping, Li Zhi, Lu Zengqi, Ning Xianhua, Tao
Haidong, Wu Yilong, Xu Wei, Yan Zhengxue, Yang Tongyan, Yang Zili, Yuan
Qiuyan, Zeng Hongling, Zhang Jianhong (aka ``Li Hong''), Zhang Honghai,
Zhang Lin, and Zheng Yichun.
Regulations prohibit a broad range of activities that authorities
interpret as subversive or slanderous to the state. Internet Service
Providers were instructed to use only domestic media news postings, to
record information useful for tracking users and their viewing habits,
to install software capable of copying e-mails, and to end immediately
transmission of so-called subversive material.
Academic Freedom and Cultural Events.--The Government did not
respect academic freedom and increased restrictions on political and
social discourse at colleges, universities, and research institutes
during the period leading up to and during the Olympics. Scholars and
researchers reported varying degrees of control regarding issues they
could examine and conclusions they could draw. There were reports that
academics who advocated political reform were discouraged from
attending academic conferences in the run--up to the Olympics. Others
were urged by their schools to keep a low profile and not publish
during the Olympics. Instructors were not allowed to raise certain
topics in class, such as the 1989 suppression of the Tiananmen
protesters. In July the General Administration of Press and Publication
banned the book The Real DPRK by writer Yu Yonglie, reportedly in
response to complaints from the Government of North Korea.
Authorities canceled university conferences involving foreign and
domestic academics on short notice when they deemed the topics too
sensitive. Information outreach, educational exchanges, and other
cultural and public diplomacy programs organized by foreign governments
occasionally were subject to government interference. Foreign experts
invited to participate in foreign government-sponsored programs on
certain topics were denied visas. During the year the Government
imposed new restrictions on cultural expression and banned artists it
deemed controversial. In November authorities banned the album
``Chinese Democracy'' by the band Guns N'Roses, both because of the
album title and song lyrics. In March, according to media reports, the
State Administration of Radio, Film, and Television (SARFT) issued
orders to television stations and print media to pull all advertising
featuring the actress Tang Wei, allegedly because of Tang's work in the
film Lust, Caution, which some officials deemed unpatriotic. In
February the General Administration of Press and Publications announced
a ban on the sale of horror movie videos. In January SARFT banned the
film Lost in Beijing and also barred the film's producer from working
in the film industry for two years. Prior to the Olympics, customs
officials seized a painting by New York-based artist Zhang Hongtu
because officials disliked the painting's portrayal of the Olympic
``Bird's Nest'' stadium.
The Government continued to use political attitudes and
affiliations as criteria for selecting persons for the few government-
sponsored study abroad programs but did not impose such restrictions on
privately sponsored students. The Government and the party controlled
the appointment of high-level officials at universities. While party
membership was not always a requirement to obtain a tenured faculty
position, scholars without party affiliation often had fewer chances
for promotion.
Researchers residing abroad also were subject to sanctions,
including denial of visas, from the authorities when their work did not
meet with official approval. For example, during the year some scholars
who contributed to the 2004 book Xinjiang: China's Muslim Borderland
reported subsequent difficulty obtaining visas.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of peaceful assembly; however,
the Government severely restricted this right in practice. The law
stipulates that such activities may not challenge ``party leadership''
or infringe upon the ``interests of the state.'' Protests against the
political system or national leaders were prohibited. Authorities
denied permits and quickly suppressed demonstrations involving
expression of dissenting political views.
All concerts, sports events, exercise classes, or other meetings of
more than 200 persons require approval from public security
authorities. Although peaceful protests are legal, in practice police
rarely granted approval. Despite restrictions, during the year there
were many demonstrations, but those with political or social themes
were broken up quickly, sometimes with excessive force. Social
inequalities and uneven economic development, combined with
dissatisfaction over widespread official corruption, increased social
unrest. As in past years, the vast majority of demonstrations concerned
land disputes, housing issues, industrial, environmental, and labor
matters, government corruption, taxation, and other economic and social
concerns. Others were provoked by accidents or related to personal
petition, administrative litigation, and other legal processes.
On June 28, an estimated 30,000 persons rioted and set fire to
government buildings and vehicles in Weng'an, Guizhou Province, after a
female middle school student died under mysterious circumstances. On
July 19, 400 rubber farmers clashed with police in Menglian County,
Yunnan Province. Police fired plastic bullets at the rioters and state
media reported two deaths and 54 persons injured, including 41 police
officers.
Beijing Olympic organizers designated three parks as special
protest zones during the August 8-24 Olympic Games. However, the
Beijing PSB did not approve a single application to stage a
demonstration, although reportedly 77 persons applied. At least six of
those who applied to use the protest zones later were detained and
several were returned forcibly to their home provinces. Two elderly
women who applied were administratively sentenced to one year of RTL,
although authorities later reportedly rescinded these sentences.
Police detained foreign citizens attempting to demonstrate near the
Olympic Village or on Tiananmen Square. Most foreign demonstrators were
expelled from the country within 24 hours.
During the Olympics Beijing-based dissidents were forced to leave
the city, placed under house arrest, or subjected to 24-hour police
surveillance. Many reported that in the weeks leading up to the opening
ceremony, they were visited by state security officials who warned them
to keep a low profile. Some dissidents were also warned against
granting media interviews.
Persons petitioning the Government continued to face restrictions
on their rights to assemble and raise grievances. Most petitions
mentioned grievances about land, housing, entitlements, the
environment, or corruption. Most petitioners sought to present their
complaints at national and provincial ``letters and visits'' offices.
Efforts to rid Beijing of petitioners resulted in heightened
harassment, detention, incarceration, and restrictions on rights to
assemble and raise grievances. During the year police in Beijing
stepped up a campaign to rid the capital of petitioners before the
Olympics. As the Olympics approached, Beijing hotels reportedly were
pressured by police not to rent rooms to petitioners. Police from
provinces across the country dispatched officers to the capital to
apprehend petitioners from their jurisdictions. During the Olympics
police cars from numerous provinces were seen near the offices of the
State Bureau of Letters and Calls, the primary government agency
responsible for receiving petitions. Police were also stationed outside
the Beijing municipal letters and calls office. In December the Beijing
News newspaper reported that authorities in Xintai, Shandong Province,
had been abducting petitioners and confining them to mental hospitals
and that some petitioners were reportedly force fed drugs. Officials
from Nanyang City, Henan Province, reportedly operated a ``black'' or
illegal jail in Beijing to detain Nanyang petitioners arriving in the
capital to press grievances for property claims, police brutality, and
official corruption. An official at the ``black jail'' reportedly
stated that the detention site operated with central government
permission.
Although regulations banned retaliation against petitioners,
reports of retaliation continued. This was partly due to incentives
provided to local officials by the central government to prevent
petitioners in their regions from raising complaints to higher levels.
Incentives included provincial cadre evaluations based in part on the
number of petitions from their provinces. This initiative aimed to
encourage local and provincial officials to resolve legitimate
complaints but also resulted in local officials sending security
personnel to Beijing and forcibly returning the petitioners to their
home provinces. Such detentions occurred before and after the enactment
of the new regulations and often went unrecorded.
Freedom of Association.--The law provides for freedom of
association, but the Government restricted this right in practice. CCP
policy and government regulations require that all professional,
social, and economic organizations officially register with, and be
approved by, the Government. In practice these regulations prevented
the formation of truly autonomous political, human rights, religious,
spiritual, labor, and other organizations that might challenge
government authority.
The Government maintained tight controls over civil society
organizations and in recent years heightened legal restraints and
surveillance aimed at controlling them, particularly in the run--up to
the Olympics. A government task force aimed at blocking NGOs involved
in social, political and charitable activities, and groups dedicated to
combating discrimination against women, persons with disabilities, and
minorities from fomenting political change.
To register, an NGO must find a government agency to serve as its
organizational sponsor, have a registered office, and hold a minimum
amount of funds. Some organizations with social or educational purposes
that previously had been registered as private or for-profit businesses
reportedly were requested to find a government sponsor and reregister
as NGOs during the year. Although registered organizations all came
under some degree of government control, some NGOs were still able to
operate with some degree of independence.
The number of NGOs continued to grow, despite tight restrictions
and regulations. According to official statistics, by the end of 2007
there were 387,000 registered NGOs, a 9.3 percent increase from 2006.
NGOs existed under a variety of formal and informal guises, including
national mass organizations created and funded by the CCP. The lack of
legal registration created numerous logistical challenges for NGOs,
including difficulty opening bank accounts, hiring workers, and renting
office space. To register, private NGOs often had to partner with
government agencies, while other NGOs chose to register as commercial
consulting companies, which allowed them to obtain legal recognition at
the cost of forgoing tax-free status. Security authorities routinely
warned domestic NGOs, regardless of their registration status, not to
accept donations from the National Endowment for Democracy and
international organizations deemed sensitive by the Government.
Authorities supported the growth of some NGOs that focused on social
problems, such as poverty alleviation and disaster relief, but
authorities remained concerned that these organizations might emerge as
a source of political opposition among disgruntled citizens. Several
NGOs working in Tibetan areas were forced to delay some activities
following the outbreak of riots in Lhasa and other Tibetan communities
in March.
No laws or regulations specifically govern the formation of
political parties. But the CDP remained banned, and the Government
continued to monitor, detain, and imprison current and former CDP
members.
c. Freedom of Religion.--The constitution and laws provide for
freedom of religious belief and the freedom not to believe, although
the constitution only protects religious activities defined as
``normal.'' The Government sought to restrict legal religious practice
to government-sanctioned organizations and registered places of worship
and to control the growth and scope of the activity of both registered
and unregistered religious groups, including house churches. To be
considered legal, religious groups must register with a government-
affiliated patriotic religious association (PRA) associated with one of
the five recognized religions: Buddhism, Taoism, Islam, Protestantism,
and Catholicism. The PRAs supervised the activities of each of these
religious groups and liaised with government religious affairs
authorities charged with monitoring religious activity. The Government
tried to control and regulate religious groups, particularly
unregistered groups, and repression and harassment of unregistered
religious groups intensified in the run--up to the Olympics.
Nonetheless, freedom to participate in religious activities continued
to increase in many areas. Religious activity grew not only among the
five main religions, but also among the Eastern Orthodox Church and
folk religions.
The Government's repression of religious freedom intensified in
Tibetan areas and in the XUAR. Authorities reportedly requested that
some house church groups in Beijing, including those with large
congregations, those that were high-profile, or those located near
Olympic venues, suspend meetings during the Olympic Games and
Paralympic Games, although few groups reported that this request was
enforced. Authorities reportedly asked some Beijing area house church
leaders to sign a written agreement not to meet, although there were no
confirmed instances in which any church leaders were required to sign
the document. Beijing authorities reportedly closed or requested a very
small number of unregistered groups to stop meeting during the Olympic
Games and Paralympic Games, although at least one large group ignored
the request with impunity. Officials detained and interrogated several
foreigners about their religious activities and in several cases
alleged that the foreigners had engaged in ``illegal religious
activities'' and cancelled their visas. Officials in the XUAR, the TAR,
and other Tibetan areas tightly controlled religious activity.
Followers of Tibetan Buddhism, including those in the Inner Mongolian
Autonomous Region and most Tibetan autonomous areas, faced more
restrictions on their religious practice and ability to organize than
Buddhists in other parts of the country. The ``patriotic education''
campaigns in the TAR and other Tibetan regions, which often required
monks and nuns to sign statements denouncing the Dalai Lama, and other
new restrictions on religious freedom were major factors that led monks
and nuns to mount peaceful protests at a number of monasteries on March
10. The protests and subsequent security response gave way to violence
in Lhasa and other Tibetan communities by March 14 and 15.
``Underground'' Roman Catholic clergy faced repression. The Government
continued to repress groups that it designated as ``cults,'' which
included several Christian groups and Falun Gong.
Government officials stated that the five PRAs were the only groups
registered as religious organizations under the Regulations on Social
Organizations, which are administered by the Ministry of Civil Affairs
and cross-referenced under the regulations on religious affairs (RRA).
The RRA states that all religious venues are required to register with
the State Administration for Religious Affairs (SARA) or its provincial
or local offices, which are known as Religious Affairs Bureaus (RABs).
SARA and the RABs were responsible for monitoring and judging whether
religious activity was ``normal'' and therefore lawful. SARA and the
CCP's United Front Work Department provided policy guidance and
supervision over implementation of government regulations on religious
activity.
The RRA and supplementary regulations issued between 2005 and 2007
provide some legal advantages and protections for activities in
registered religious venues. Inability to register under the RRA
deprived groups of the ability to hold funds in their own names and
enter lease contracts. Vague language and inconsistent implementation
limited the effectiveness of these regulations even for registered
groups, and the legal protections remain limited in scope, conditioned
on government approval, and applicable only to state-sanctioned
religions.
The law requires religious groups to register religious venues,
although many thousands of religious groups did not register. Spiritual
activities in religious venues that have not registered may be
considered illegal and participants can be punished. Government
officials stated that private homes where family and friends gather to
study the Bible would not be required to register. Clergy did not have
to be approved by the Government but had to be reported to the
Government after being selected pursuant to the rules of the relevant
government-affiliated religious association. Reports of government
pressure on religious groups to register or to come under the
supervision of official religious organizations continued during the
year. Various unofficial groups reported that authorities refused them
registration without explanation or that they were denied registration
because of their failure to affiliate with a PRA or to employ PRA-
approved clergy. The Government acknowledged that only those groups
associated with a PRA would be allowed to register a religious venue.
Some religious groups were reluctant to comply with the regulations out
of principled opposition to state control of religion. In the past some
groups expressed a fear of adverse consequences if they revealed, as
required, the names and addresses of church leaders and members.
Members of some house church groups reported that they did not want to
become a registered meeting point or venue of a state-approved church,
because they would not be able to administer communion or baptism and
would not be able to choose their own clergy.
Local authorities' handling of unregistered Protestant groups
varied in different regions of the country. In some regions
unregistered groups or house churches with hundreds of members met
openly, with the full knowledge of local authorities, who characterized
the meetings as informal gatherings. In other areas meetings of more
than a handful of family members and friends were strictly proscribed.
Leaders of unauthorized groups were sometimes the target of abuse.
Authorities disrupted church meetings and retreats; detained, beat, and
harassed leaders and church members; and confiscated the personal
property of church leaders and members. Unregistered groups were more
likely to encounter difficulties when their membership was large or
when they forged links with other unregistered groups or foreign
organizations. Unregistered groups also faced increased scrutiny from
authorities when they engaged in discussions of legal or political
activism.
In June several prominent Christians were harassed, placed under
surveillance, restricted to their homes, or forced to leave Beijing
during the visit of a delegation of foreign officials. These
individuals included religious freedom attorneys Li Baiguang and Li
Heping, Christian writer Yu Jie, and pastor Zhang Mingxuan and his
wife. Zhang Mingxuan was detained on and off for the last six months of
the year, including during the Olympics and during a celebration to
commemorate the third anniversary of the China House Church Alliance
(CHCA). Security officials in Beijing also severely beat his sons,
Zhang Jian and Zhang Chuang, and detained Zhang's wife and sister-in-
law. Authorities also pressed Zhang to sign a document agreeing to
abolish the CHCA, and when Zhang refused and attempted to file an
administrative statement of complaint, the court refused to accept his
case.
During the year there were numerous reports of detention and
harassment of unregistered Protestant groups. On November 5, pastor Lou
Yuanqi was tried for using superstition in violation of the criminal
law. He was accused of organizing people in his residence to preach
religion, contacting overseas individuals and organizations, and
providing them with false information to influence international
opinion.
On June 24, the Government extended the detention of Beijing
bookstore owner Shi Weihan, who was taken into police custody on March
19, for two months. Shi was initially detained in November 2007 for the
illegal publication of Bibles and Christian literature, but authorities
released him in January due to ``insufficient evidence.'' PSB officials
reportedly denied him contact with his family since March, and Shi was
not granted access to his lawyer until April.
On May 27, the Kashgar District Intermediate People's Court, XUAR,
tried Alimujiang Yimiti, a Uighur Christian employed by a foreign-owned
company, on the charge of ``endangering national security.'' The court
sent Yimiti's case back to prosecutors due to ``insufficient
evidence,'' yet reportedly had not released him at year's end. Yimiti
had been arrested in January on charges of engaging in illegal
religious activities ``in the name of business'' and preaching
Christianity to ethnic Uighurs. On May 11, authorities disrupted a
worship service at the unregistered Shouwang Church in Beijing and
ordered church members to stop meeting prior to the Olympics. However,
Shouwang Church continued to meet before and during the Olympics and
the Government did not interfere again. Officials had previously
rejected multiple attempts by the church to register.
The Government permitted registered and unregistered religious
groups to play a larger role in providing social services. Some groups
were permitted to provide assistance in response to natural disasters,
including the May earthquake in Sichuan Province.
Harassment of unregistered Catholic bishops, priests, and
laypersons continued, including government surveillance and detentions.
On August 24, officials reportedly detained 74-year-old Jia Zhiguo, an
underground bishop of the diocese of Zhengding, Hebei Province. There
was no new information about unregistered Bishop Su Zhimin, who
remained unaccounted for since his reported detention in 1997.
The Catholic Patriotic Association did not recognize the authority
of the Holy See to appoint bishops. However, it allowed the Vatican's
discreet input in selecting some bishops.
The distinction between the official Catholic Church, which the
Government controlled politically, and the unregistered Catholic Church
has blurred over time. In some official Catholic churches, clerics led
prayers for the pope, and pictures of the pope were displayed. An
estimated 90 percent of official Catholic bishops have reconciled with
the Vatican. Likewise, the large majority of Catholic bishops appointed
by the Government have received official approval from the Vatican
through ``apostolic mandates.''
Traditional folk religions, such as Fujian Province's ``Mazu
Cult,'' were still practiced in some locations. They were tolerated to
varying degrees, often seen as loose affiliates of Taoism or as ethnic
minority cultural practices. However, the Government labeled folk
religions ``feudal superstition'' and sometimes repressed them. An
administrative division at SARA was responsible for the activities of
folk religions and religions outside the main five, including the
Eastern Orthodox Church and the Church of Jesus Christ of Latter-day
Saints.
Buddhists made up the largest body of organized religious
believers. The traditional practice of Buddhism continued to expand
among citizens in many parts of the country. However, in Tibetan areas,
the level of repression of Tibetan Buddhists increased significantly
during the year, especially following the outbreak of protests across
the Tibetan Plateau in the spring.
Press and NGO reports suggested that continued tight government
controls on religious practices and places of worship in Tibetan areas
was a major factor contributing to the widespread protests that began
in March. Although authorities permitted many traditional practices and
public manifestations of belief, they promptly and forcibly suppressed
activities they viewed as vehicles for political dissent or advocacy of
Tibetan independence, including worshipping the Dalai Lama.
Following violent protests in Lhasa on March 14 and 15, authorities
locked down many monasteries across Tibetan areas and detained and
physically abused an unknown number of monks and nuns, or expelled them
from their monastery. The Government expanded and intensified patriotic
education campaigns in monasteries and nunneries, prompting additional
rounds of protests through June. At year's end some of the monasteries
in Tibetan areas remained closed. Following the outbreak of
demonstrations in Tibetan areas in March, government officials and
representatives of the Dalai Lama held three rounds of discussions in
May, July, and November, with no progress.
The Government tightly controlled the practice of Islam, and
official repression of Uighur Muslims in the XUAR increased.
Regulations restricting Muslims' religious activity, teaching, and
places of worship continued to be implemented forcefully in the XUAR.
Measures to tighten control over religion in XUAR included increasing
surveillance of mosques, religious leaders, and practitioners;
detaining and arresting persons engaged in unauthorized religious
activities; curbing illegal scripture readings; and increasing
accountability among implementing officials. On August 5, authorities
in Kashgar reportedly issued accountability measures to local officials
responsible for high-level surveillance of religious activity in the
region. Also in August in Kashgar, authorities called for enhancing
controls of groups that included religious figures as part of broader
CCP measures of ``prevention'' and ``attack.'' Authorities in Hotan
reportedly restricted women from wearing head coverings (Hijab) in
government offices. Coupled with news of a proposed government ban on
headscarves, this led to large protests in March. In addition some men
were required to shave their beards.
The Government reportedly continued to limit access to mosques,
detain citizens for possession of unauthorized religious texts,
imprison citizens for religious activities determined to be
``extremist,'' pressure Muslims who were fasting to eat during Ramadan,
and confiscate Muslims' passports to strengthen control over Muslim
pilgrimages. Following violent clashes in western Xinjiang during the
Olympic Games, XUAR authorities imposed widespread detentions,
restricted movement within the XUAR, and established curfews in some
cities. XUAR party secretary Wang Lequan declared in September that the
XUAR government would carry out ``preemptive attacks,'' implement
``antiseparatist reeducation'' across the region, and increase policing
of religious groups.
XUAR authorities maintained the most severe legal restrictions in
the country on children's right to practice religion. Authorities
continued to prohibit the teaching of Islam outside the home to
elementary-and middle-school-age children in some areas, and children
under the age of 18 were prohibited from entering mosques. In August
authorities reportedly forced the return of Uighur children studying
religion in another province and detained them in the XUAR for engaging
in ``illegal religious activities.''
According to procuratorial officials, XUAR authorities arrested
nearly 1,300 persons on state security charges during the first 11
months of the year. Authorities approved the prosecution of 1,154 of
these individuals for committing one or more of the ``three evils'' of
terrorism, separatism, and extremism. This was a dramatic increase from
2007, when the number of individuals arrested for state security crimes
nationwide was 744.
Authorities reserved the right to censor imams' sermons, and imams
were urged to emphasize the damage caused to Islam by terrorist acts in
the name of the religion. Certain Muslim leaders received particularly
harsh treatment. Authorities in some areas conducted monthly political
study sessions for religious personnel, which, according to one CCP
official who took part in a study session, called for ``creatively
interpreting and improving'' religious doctrine. Authorities also
reportedly tried to restrict Muslims' opportunities to study religion
overseas. The China Islamic Conference required religious personnel to
study ``new collected sermons'' compiled by an Islamic Association of
China (IAC) committee, including messages on patriotism and unity aimed
at building a ``socialist harmonious society.'' In contrast to the
heavy-handed approach to Muslims in the XUAR, officials in Ningxia,
Gansu, Qinghai, and Yunnan Provinces did not interfere heavily in
Muslims' activities.
In addition to the restrictions on practicing religion placed on
party members and government officials throughout the country,
teachers, professors, and university students in the XUAR were
sometimes not allowed to practice religion openly. Authorities imposed
restrictions on state employees' observance of Ramadan and prohibitions
on closing restaurants during periods of fasting. A local party
secretary, Zhang Zhengrong, reportedly called on schools to strengthen
propaganda education during Ramadan and to put a stop to activities
including fasting and professing a religion. The Kashgar Teachers
College reportedly implemented a series of measures to prevent students
from observing Ramadan, including imposing communal meals and requiring
students to obtain permission to leave campus. School authorities also
made students gather for a school assembly at a time of day coinciding
with Friday prayers.
The Government took steps to prevent Muslims from traveling on
unauthorized pilgrimages. The Government continued to enforce a policy
barring Muslims from obtaining hajj visas outside of China. The
Government published banners and slogans discouraging hajj pilgrimages
outside those organized by the IAC. Foreign media reported that XUAR
officials confiscated the passports of Uighur Muslims in some areas to
prevent unauthorized hajj pilgrimages. Government officials in some
areas also arbitrarily detained Muslims to prevent them from going on
the hajj, required them to show that their hajj travel funds were not
borrowed from other sources, required them to pay a large deposit to
retrieve their passports for overseas travel, and required them to pass
a health test.
Official reports noted that 11,900 Muslims traveled to Mecca during
the year for the hajj pilgrimage. This figure did not include
participants who were not organized by the Government, for whom there
were no official estimates but who numbered in the thousands in
previous years.
The law does not prohibit religious believers from holding public
office; however, party membership is required for almost all high-level
positions in government, state-owned businesses, and many official
organizations.
Despite regulations encouraging officials to be atheists, some
party officials engaged in religious activity, most commonly Buddhism
or a folk religion but also Christianity. The NPC included several
religious representatives. Religious groups also were represented in
the CPPCC, an advisory forum for ``multiparty'' cooperation and
consultation led by the CCP, and in local and provincial governments.
CPPCC Standing Committee vice chairmen included Pagbalha Geleg Namgyal,
a Tibetan reincarnate lama, and Cao Shengjie, president of the China
Christian Council.
The authorities continued a general crackdown on groups considered
to be ``cults.'' These ``cults'' included not only Falun Gong and
various traditional Chinese meditation and exercise groups (known
collectively as qigong groups), but also religious groups that
authorities accused of preaching beliefs outside the bounds of
officially approved doctrine.
Actions against members of such groups continued during the year.
Police also continued efforts to close down the underground evangelical
group Shouters, an offshoot of a pre--1949 indigenous Protestant group.
Government action against the South China Church continued.
Public Falun Gong activity in the country remained negligible, and
practitioners based abroad reported that the Government's crackdown
against the group continued. In the past the mere belief in the
discipline (even without any public practice of its tenets) sometimes
was sufficient grounds for practitioners to receive punishments ranging
from loss of employment to imprisonment. Falun Gong sources estimated
that since 1999 at least 6,000 Falun Gong practitioners have been
sentenced to prison, more than 100,000 practitioners have been
sentenced to RTL, and almost 3,000 have died from torture while in
custody. Some foreign observers estimated that Falun Gong adherents
constituted at least half of the 250,000 officially recorded inmates in
RTL camps, while Falun Gong sources overseas placed the number even
higher.
Over the past several years, Falun Gong members identified by the
Government as ``core leaders'' were singled out for particularly harsh
treatment. More than a dozen Falun Gong members were sentenced to
prison for the crime of ``endangering state security,'' but the great
majority of Falun Gong members convicted by the courts since 1999 were
sentenced to prison for ``organizing or using a sect to undermine the
implementation of the law,'' a less serious offense. Most
practitioners, however, were punished administratively. Some
practitioners were sentenced to RTL. Some Falun Gong members were sent
to ``legal education'' centers specifically established to
``rehabilitate'' practitioners who refused to recant publicly their
belief voluntarily after their release from RTL camps. Government
officials denied the existence of such ``legal education'' centers. In
addition hundreds of Falun Gong practitioners were confined to mental
hospitals, according to overseas groups.
Police continued to detain current and former Falun Gong
practitioners and used possession of Falun Gong material as a pretext
for arresting political activists. The Government continued its use of
high-pressure tactics and mandatory anti--Falun Gong study sessions to
force practitioners to renounce Falun Gong. Even practitioners who had
not protested or made other public demonstrations of belief reportedly
were forced to attend anti--Falun Gong classes or were sent directly to
RTL camps. These tactics reportedly resulted in large numbers of
practitioners signing pledges to renounce the movement.
The Government supported atheism in schools. Authorities in many
regions barred school-age children from attending religious services at
mosques, temples, or churches and prevented them from receiving
religious education outside the home.
Official religious organizations administered local religious
schools, seminaries, and institutes to train priests, ministers, imams,
Islamic scholars, and Buddhist monks. Students who attended these
institutes had to demonstrate ``political reliability,'' and all
graduates had to pass an examination on their political, as well as
theological, knowledge to qualify for the clergy. The Government
permitted registered religions to train clergy and allowed an
increasing number of Catholic and Protestant seminarians, Muslim
clerics, and Buddhist clergy to go abroad for additional religious
studies, but some religion students had difficulty getting passports or
obtaining approval to study abroad. In most cases foreign organizations
provided funding for such training programs.
Although Bibles and other religious texts were available in most
parts of the country, the Government tightly regulated the publication
of religious texts and prohibited individuals from printing religious
material.
In 2007, XUAR authorities also confiscated 25,000 illegal religious
publications. The Xinjiang People's Publication House was the only
publisher officially permitted to print Muslim literature.
The supply of Bibles was adequate in most parts of the country, but
some members of underground churches complained that the supply and
distribution of Bibles, especially in rural locations, was inadequate.
Individuals could not order Bibles directly from publishing houses.
Customs officials continued to monitor for the ``smuggling'' of
religious materials into the country. Authorities in a few areas
reportedly sometimes confiscated Bibles, Korans, and other religious
material. In August Kunming officials confiscated 315 Bibles that four
foreign citizens imported into the country. The Bibles were returned
when the visitors departed China.
Societal Abuses and Discrimination.--There were no reports of
societal abuses of religious practitioners or anti--Semitic acts during
the year. The Government does not recognize Judaism as an ethnicity or
religion.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration and
repatriation; however, the Government generally did not respect their
rights in practice. Authorities heightened restrictions periodically,
particularly curtailing the movement of individuals deemed politically
sensitive before key anniversaries and visits of foreign dignitaries,
and to forestall demonstrations. Freedom of movement was extremely
limited in the TAR and other Tibetan areas following the protests and
unrest in March. Police checkpoints were established in most counties
and on roads leading into many towns, as well as within major cities
such as Lhasa. The Government continued to consider all North Koreans
``economic migrants'' rather than refugees, and the UN High
Commissioner for Refugees (UNHCR) continued to have limited access to
North Korean refugees inside China. The lack of access to UNHCR-
supported durable solutions and options, as well as constant fear of
forced repatriation by authorities, left North Korean refugees
vulnerable to human traffickers. Even refugees under UNCHR care were
subjected to harassment and restrictions by authorities.
Although the Government maintained restrictions on the freedom to
change one's workplace or residence, the national household
registration system (hukou) continued to change, and the ability of
most citizens to move within the country to work and live continued to
expand. Rural residents continued to migrate to the cities, where the
per capita disposable income was more than four times the rural per
capita income, but many could not officially change their residence or
workplace within the country. Most cities had annual quotas for the
number of new temporary residence permits that could be issued, and all
workers, including university graduates, had to compete for a limited
number of such permits. It was particularly difficult for peasants from
rural areas to obtain household registration in more economically
developed urban areas.
The household registration system added to the difficulties rural
residents faced even after they relocated to urban areas and found
employment. The Ministry of Human Resources and Social Security
(MOHRSS) reported that there were approximately 230 million migrant
workers from rural areas engaged in wage employment in urban areas.
These economic migrants lacked official residence status in cities, and
it was difficult for them to gain full access to social services,
including education, despite laws, regulations, and programs meant to
address their needs. Furthermore, law and society generally limited
migrant workers to types of work considered least desirable by local
residents, and such workers had little recourse when subject to abuse
by employers and officials. Some major cities maintained programs to
provide migrant workers and their children access to public education
and other social services free of charge, but migrants in some
locations reported that it was difficult to qualify for these benefits
in practice.
Under the ``staying at prison employment'' system applicable to
recidivists incarcerated in RTL camps, authorities denied certain
persons permission to return to their homes after serving their
sentences. Some released or paroled prisoners returned home but were
not permitted freedom of movement.
The Government permitted legal emigration and foreign travel for
most citizens. There were reports that some academics faced travel
restrictions around the year's sensitive anniversaries, particularly
the anniversary of the Tiananmen Square massacre and the Olympics. Most
citizens could obtain passports, although those whom the Government
deemed threats, including religious leaders, political dissidents, and
ethnic minorities were refused passports or otherwise prevented from
traveling overseas. In March prominent human rights lawyer Teng Biao
told reporters that authorities seized his passport. On May 14, the
Chaoyang People's Court in Beijing upheld an administrative decision
that barred Yuan Weijing, the wife of lawyer Chen Guangcheng, from
leaving the country in August 2007 to receive an award on her
imprisoned husband's behalf. In July Tsering Woeser, a well-known
Tibetan writer, filed a lawsuit against the Government for denying her
a passport for more than three years.
The law neither provides for a citizen's right to repatriate nor
otherwise addresses exile. The Government continued to refuse reentry
to numerous citizens who were considered dissidents, Falun Gong
activists, or troublemakers. Although some dissidents living abroad
were allowed to return, dissidents released on medical parole and
allowed to leave the country often were effectively exiled. Activists
residing abroad were imprisoned upon their return to the country.
Some 2,445 Tibetans reportedly fled Tibetan areas for India in
2006, most of them teenagers and novice monks and nuns seeking
religious education. Police vowed to ``strike hard'' against such
border crossings as part of a campaign against ``separatists.'' The
Government continued to try to prevent many Tibetans from leaving and
detained many who were apprehended in flight (see Tibet Addendum). By
year's end Tibetan arrivals in the UNHCR reception center in Kathmandu
were down to 550, a 75 percent decrease from 2,164 in 2007. The biggest
disparities in arrivals occurred during the heavily trafficked fall and
winter months when border security historically has been weak.
Decreased flows were attributed to tightened security across Tibet,
along the border and inland, in the wake of the Lhasa crackdown in
March.
Protection of Refugees.--Although the country is a signatory of the
1951 UN Convention relating to the Status of Refugees and its 1967
protocol, the law does not provide for the granting of refugee or
asylum status. The Government largely cooperated with the UNHCR when
dealing with the resettlement of ethnic Han Chinese or ethnic
minorities from Vietnam and Laos resident in the country. During the
year the Government and UNHCR continued ongoing discussions concerning
the granting of citizenship to these residents. However, the Government
continued to deny the UNHCR permission to operate along its
northeastern border with North Korea.
In practice the Government did not provide protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. During the year, reportedly in preparation
for the Olympics, authorities stepped up efforts to locate, detain, and
forcibly return North Koreans to North Korea, where many faced
persecution and some may have been executed. Police in Yanbian
reportedly offered an award of RMB 2,000 ($292) to RMB 2,700 ($395) for
turning over North Koreans. Some North Koreans were permitted to travel
to third countries after they entered diplomatic compounds in the
country. The intensified crackdown against North Korean refugees
reportedly extended to harassment of religious communities along the
border. The undocumented children of some North Korean asylum seekers
and of mixed couples (i.e., one Chinese parent and one North Korean
parent) reportedly did not have access to health care and other social
services. The Government also arrested and detained individuals who
provided food, shelter, transportation, and other assistance to North
Koreans. According to reports, some activists or brokers detained for
assisting North Koreans were charged with human smuggling, and in some
cases the North Koreans were forcibly returned to North Korea. There
were also reports that North Korean agents operated clandestinely
within the country to forcibly repatriate North Korean citizens.
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 peacefully, and citizens cannot freely choose or change the
laws and officials that govern them. The CCP continued to control
appointments to positions of political power.
Elections and Political Participation.--According to the law, the
NPC is the highest organ of state power. Formally the NPC, composed of
2,987 deputies, elects president and vice president, the premier and
vice premiers, and the chairman of the State Central Military
Commission. In practice the NPC Standing Committee, which is composed
of 175 members, oversaw these elections and determined the agenda and
procedure for the NPC. The NPC Standing Committee remained under the
direct authority of the CCP's nine-member Politburo Standing Committee.
Despite its broad authority under the state constitution, the NPC does
not have power to set policy independently or remove political leaders
without the party's approval. At the March NPC plenary session, Hu
Jintao was reelected to a five-year term as president; Xi Jinping was
elected vice president.
All of the country's approximately one million villages were
expected to hold competitive, direct elections for members of local
village committees, which were subgovernment organizations. The direct
election of officials by ordinary citizens remained narrow in scope and
strictly confined to the local level. The Government estimated that
one-third of all elections had serious procedural flaws. Corruption,
vote buying, and interference by township-level and party officials
continued to be problems. The law permits each voter to cast proxy
votes for up to three other voters.
Although the law includes a provision for recalling village
committee members, local implementing regulations proved sufficiently
vague or cumbersome so as to prevent most attempted recalls. In cases
of alleged corruption, a handful of local legislative deputies, but not
village heads, were recalled.
The election law governs legislative bodies at all levels. Under
this law, citizens have the opportunity to vote for local people's
congress representatives at the county level and below, although in
most cases the nomination of candidates in those elections was strictly
controlled by the party. Legislators selected people's congress
delegates above the county level. For example, provincial-level
people's congresses selected delegates to the NPC. Local CCP
secretaries generally served concurrently as the head of the local
people's congress, thus strengthening party control over legislatures.
In 2006 and 2007 independent candidates not selected by local
authorities ran or attempted to run in CPC elections held across the
country. While a small number of independents were elected in some
areas, local officials reportedly exerted manipulation and pressure to
prevent others from winning. Local police detained and monitored
independent candidates, seized campaign materials, and intimidated
supporters, family members, and friends. Some activists also alleged
that vote counts were rigged to ensure defeat.
Although the CCP controlled appointments of officials to government
and party positions at all levels, some township, county, and
provincial elections featured experiments with increased competition,
including self-nomination of candidates, campaign speeches by
candidates, public vetting of nominees, and a two-tiered indirect
election system. State-run media reported in April that 16 candidates
used a live television debate format while running for four Nanjing
municipal government positions. Each of the candidates, including a
nonparty member, gave a speech and answered questions. A studio
audience of more than 240 commented and voted on candidates. Candidates
with the most votes were recommended to the Nanjing Municipal Party
Committee for final selection.
Official statements asserted that ``the political party system
China has adopted is multiparty cooperation and political consultation
under'' the CCP leadership. However, the CCP retained a monopoly on
political power and forbade the creation of new political parties. The
Government recognized nine parties founded prior to 1949, but not the
CDP, an opposition party founded in 1998 and subsequently declared
illegal. Dozens of CDP leaders, activists, and members have been
arrested, detained, or confined. One of the CDP's founders, Qin
Yongmin, who was imprisoned in 1998, remained in prison at year's end,
as did others connected with a 2002 open letter calling for political
reform and reappraisal of the 1989 Tiananmen massacre. More than 30
current or former CDP members reportedly remained imprisoned or held in
RTL camps, including Chen Shuqing, Zhang Lin, Sang Jiancheng, He Depu,
Yang Tianshui, Wang Rongqing, and Jiang Lijun.
The Government placed no special restrictions on the participation
of women or minority groups in the political process. However, women
held few positions of significant influence in the CCP or government
structure. There was one female member of the CCP's 25-member
Politburo, who also concurrently served as one of five state
councilors. During the year women headed three of the country's 27
ministries.
The Government encouraged women to exercise their right to vote in
village committee elections and to stand for those elections, although
only a small fraction of elected members were women. In many locations,
a seat on the village committee was reserved for a woman, who was
usually given responsibility for family planning.
Minorities, who made up approximately 8.4 percent of the
population, constituted 13.9 percent of the NPC. All of the country's
55 officially recognized minority groups were represented in the NPC
membership. The 17th Communist Party Congress elected 40 members of
ethnic minority groups as members or alternates on the Central
Committee. The only ministerial-level post held by an ethnic minority
was the ethnic affairs post, and there was one ethnic minority, Vice
Premier Hui Liangyu, on the Politburo. Minorities held few senior party
or government positions of significant influence.
Government Corruption and Transparency.--Corruption remained an
endemic problem. The National Audit Office in 2007 found that 56
ministerial level departments and their affiliates made unauthorized
use of RMB 6.87 billion (approximately $1 billion) during the first 11
months of the year. During the year a report delivered to the NPC by
the National Audit Office stated that in 2007 the office audited 53
departments at the central level and 368 affiliated organs, and that
RMB 46.37 billion (approximately $6.78 billion) had been misused.
Corruption plagued courts, law enforcement agencies, and other
government agencies.
During the year the courts and party agencies took disciplinary
action against many public and party officials. In the first five
months of the year, prosecutors filed and investigated 20,294 cases of
embezzlement, bribery, or dereliction of duty, down 9.6 percent from
the same period in 2007. From December 2002 to June 2007, the CCP's
CDIC reported that 518,484 party members were punished for breaking
party discipline. From November 2007 to November, 151,000 party
officials and cadres were disciplined. Of the 4,960 persons who were at
or above director level, 801 were transferred to judicial organs for
investigation of possible violations of law.
The Government experimented with various forms of public oversight
of government, including telephone hot lines and complaint centers,
administrative hearings, increased opportunity for citizen observation
of government proceedings, and other forms of citizen input in the
local legislative process, such as hearings to discuss draft
legislation. Citizens continued to file administrative lawsuits to seek
legal redress against government malfeasance. According to official
statistics, 101,510 administrative lawsuits were filed against the
Government in 2007, slightly more than in the previous year.
Petitioning officials directly and outside the court system was also a
common avenue used by citizens to redress grievances.
The national regulations on the disclosure of government
information went into effect on May 1. The regulations seek to ensure
access to government information in accordance with the law, enhance
government transparency, promote law-based government administration,
and foster open access to government information for use in the service
of the people's productivity and livelihood in social and economic
activities. According to a state council official, the regulations
attempt to protect ``the public's right to know, the right to
participate, and the right to supervise,'' and seek to ``curb
corruption at its source, largely reducing its occurrence.''
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government sought to maintain control over civil society
groups, halt the emergence of independent NGOs, and prevent what it has
called the ``westernization'' of the country. The Government did not
permit independent domestic NGOs to monitor openly or to comment on
human rights conditions; existing domestic NGOs were harassed. The
Government tended to be suspicious of independent organizations and
increased scrutiny of NGOs with links overseas. Most large NGOs were
quasigovernmental, and all NGOs had to be sponsored by government
agencies.
An informal network of activists around the country continued to
serve as a credible source of information about many human rights
violations. The information was disseminated through organizations such
as the Hong Kong-based Information Center for Human Rights and
Democracy and the foreign-based Human Rights in China.
The Government remained reluctant to accept criticism of its human
rights record by other nations or international organizations. It
criticized reports by international human rights monitoring groups,
claiming that such reports were inaccurate and interfered with the
country's internal affairs. Representatives of some international human
rights organizations reported that authorities denied their visa
requests or restricted the length of visas issued to them. The
Government-established China Society for Human Rights is an NGO whose
mandate is to defend the Government's human rights record. The
Government maintained that each country's economic, social, cultural,
and historical conditions influence its approach to human rights. Many
domestic and international NGOs were required to suspend meetings and
other activities around the Olympics. Some foreign NGO employees
reported difficulty obtaining and renewing visas during the period
leading up to the Olympics.
The ICRC operated an office in Beijing, but the Government did not
authorize the ICRC to visit prisons. The Government continued
unofficial discussions on human rights and prisoner issues with a
foreign-based human rights group, although the Government's cooperation
with the group was not as extensive as in previous years.
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
There were laws designed to protect women, children, persons with
disabilities, and minorities. However, in practice some discrimination
based on ethnicity, gender, and disability persisted.
Women.--Rape is illegal, and some persons convicted of rape were
executed. The law does not recognize expressly or exclude spousal rape.
According to official statistics, 31,833 cases of rape were reported to
police in 2007, down from 32,352 cases in 2006. In June media reports
indicated that riots erupted in the Southwest over what was seen as a
cover--up by police of a schoolgirl's rape and murder. Police arrested
up to 200 protesters who claimed that police were attempting to protect
the suspect of the crime, reportedly the son of a local politician. The
protests became violent when it became known that the 15-year-old
girl's uncle died, allegedly due to police beatings after questioning
the police's conclusion that his niece had committed suicide.
Violence against women remained a significant problem. There was no
national law criminalizing domestic violence, but the criminal law,
marriage law, and other laws on public security provide for mediation
and administrative penalties in cases of domestic violence. Critics
asserted that these penalties are vague and lack specific measures for
implementation.
Although the NPC amended the Law on the Protection of Women's
Rights specifically to prohibit domestic violence in 2005, critics
complained that the provision failed to define domestic violence.
According to media reports, approximately 30 percent of families
suffered from domestic violence, while 90 percent of the victims were
women and children. The All--China Women's Federation (ACWF) reported
that it received some 300,000 letters per year complaining about
general family problems, mostly involving domestic violence. In 2007
ACWF reported that it received approximately 40,000 specific complaints
about domestic violence, more than double the number received in 2000.
The actual incidence was believed to be higher because spousal abuse
largely went unreported. ACWF also reported that approximately one-
quarter of the 400,000 divorces registered each year were the result of
family violence. According to experts, domestic abuse was more common
in rural areas than in urban centers. An ACWF study found that only 7
percent of rural women who suffered domestic violence sought help from
police.
In response to an increased awareness of domestic violence, there
were a growing number of shelters for victims. During the year the ACWF
reported 27,000 legal aid service centers, 12,000 special police booths
for domestic violence complaints, 400 shelters for victims of domestic
violence, and 350 examination centers for women claiming to be injured
by domestic violence had been established nationwide. Most shelters
were government run, although some included NGO participation.
In August a District Court in Wuxi, Jiangsu Province, issued a
precedent-setting court order on the protection of personal safety,
prohibiting a husband from intimidating or beating his wife who had
tried to divorce him and who, he claimed, had not provided him with a
son. A second, similar order was issued in September at a District
Court in Changsha, Hunan Province. The two protection orders were based
on guidance issued by the SPC in May, intended for rulings on family
cases involving domestic violence. Building on lessons learned at the
provincial level and placing an emphasis on protection of victims, the
recommendations addressed a range of issues affecting domestic violence
cases, including typical behavior patterns of the offender and victim,
protection of victims during trial, testimony of children, and special
considerations for evidence collection, as well as effective mediation
techniques to be used in such cases.
Experts pointed out that in addition to the new guidance, 25 of 33
provinces and administrative regions have adopted their own legislation
to combat domestic violence. In July seven ministries, including the
MPS, the Ministries of Civil Affairs and Health, as well as the ACWF
issued new guidelines on the prevention and elimination of domestic
violence, which lay out specific actions to be taken to raise awareness
of the issue, properly handle domestic violence cases, protect victims,
and provide legal assistance where needed.
The law prohibits the use of physical coercion to compel persons to
submit to abortion or sterilization. However, intense pressure to meet
birth limitation targets set by government regulations resulted in
instances of local birth-planning officials using physical coercion to
meet government goals (See Section 1.f.). Such practices required the
use of birth control methods (particularly intrauterine devices and
female sterilization, which according to government statistics,
accounted for more than 80 percent of birth control methods employed),
and the abortion of certain pregnancies.
Although prostitution is illegal, experts estimated that between
1.7 million and 6 million women were involved in prostitution in the
country. According to state-run media, one out of every five massage
parlors in the country was involved in prostitution, with the
percentage higher in cities. In December Xinhua reported that,
according to Beijing's municipal health bureau, only 47 percent of
Beijing's 90,000 sex workers used condoms. The report also mentioned
that sexual transmission surpassed intravenous drug use as the primary
method of infection, which accounted for 55 percent of all HIV
transmissions in the capital.
Although the Government made some efforts to crack down on the sex
trade, media reports claimed that some local officials were complicit
in prostitution, owned prostitution venues, or received proceeds from
such businesses. Prostitution involved organized crime groups and
businesspersons as well as the police and the military. According to
official statistics, 94,687 cases involving prostitution were
investigated by police in 2007. Courts prosecuted persons who organized
or procured prostitutes, but actions to curtail prostitution had
limited results.
After the Law on the Protection of Women's Rights was amended in
2005 to include a ban on sexual harassment, the number of sexual
harassment complaints increased significantly. In June a court in
Chengdu sentenced a manager from a high-tech firm to five months in
prison for molesting a female employee, marking the first sexual
harassment conviction in the country.
The constitution states ``women enjoy equal rights with men in all
spheres of life.'' The Law on the Protection of Women's Rights and
Interests provides for equality in ownership of property, inheritance
rights, and access to education. The ACWF was the leading implementer
of women's policy for the Government, and the State Council's National
Working Committee on Children and Women coordinated women's policy.
Nonetheless, many activists and observers were concerned that the
progress made by women over the past 50 years was eroding. They
asserted that the Government appeared to have made the pursuit of
gender equality a secondary priority as it focused on economic reform
and political stability.
Women continued to report that discrimination, sexual harassment,
unfair dismissal, demotion, and wage discrepancies were significant
problems. In 2007 the ACWF reported that female migrant workers,
comprising more than 30 percent of all migrant workers in the country,
faced numerous challenges in the workplace. The survey found that
female migrant workers lacked legal protection (more than 50 percent
had no labor contract, compared with 40 percent of male migrants), had
long working hours (more than 40 percent worked nine to 10 hours a day
while 24.8 percent worked more than 11 hours a day), earned low wages,
and did not have access to safe and sanitary work environments. The
ACWF studies also showed that 21 percent of rural women working in
cities were fired after becoming pregnant or giving birth and that some
women delayed motherhood for fear of losing job and promotion
opportunities.
Authorities often did not enforce laws protecting the rights of
women. According to legal experts, it was difficult to litigate a sex
discrimination suit because the vague legal definition made it
difficult to quantify damages, so very few cases were brought to court.
Some observers noted that the agencies tasked with protecting women's
rights tended to focus on maternity-related benefits and wrongful
termination during maternity leave rather than on sex discrimination,
violence against women, and sexual harassment. Women's rights advocates
indicated that in rural areas women often forfeited land and property
rights to their husbands in divorce proceedings. In principle rural
contract law and laws protecting women's rights stipulate that women
enjoy equal rights in cases of land management, but experts argued that
in practice, this was rarely the case due to the complexity of the law
and difficulties in its implementation.
Many employers preferred to hire men to avoid the expense of
maternity leave and childcare, and some lowered the effective
retirement age for female workers to 40 (the official retirement age
for men was 60 and for women 55, with the exception of men and women
involved in physically demanding jobs for which the retirement age was
55 and 45, respectively). In addition work units were allowed to impose
an earlier mandatory retirement age for women than for men, which
limited a woman's lifetime earning power and career span. Lower
retirement ages also reduced pensions, which generally were based on
the number of years worked. Job advertisements sometimes specified
height and age requirements for women.
Women had less earning power than men, despite government policies
mandating nondiscrimination in employment and occupation. MOHRSS and
the local labor bureaus were responsible for ensuring enterprises
complied with the labor law and the employment promotion law, each of
which contains antidiscrimination provisions. Despite the existence of
administrative and civil remedies for discrimination, labor law
enforcement was generally lax. Lawyers explained that there were very
few cases of disputes regarding alleged discrimination, as such
allegations were difficult to prove.
The UN Economic and Social Council reported that less than 2
percent of women between the ages of 15 and 24 were illiterate.
According to 2008 official government statistics, women comprised more
than 70 percent of all illiterate persons above the age of 15. In some
underdeveloped regions, the female literacy rate lagged behind the male
literacy rate by 15 percent or more.
A high female suicide rate continued to be a serious problem.
According to the World Bank and the World Health Organization, there
were approximately 500 female suicides per day. The Beijing
Psychological Crisis Study and Prevention Center reported that the
suicide rate for females was three times higher than for males. Many
observers believed that violence against women and girls,
discrimination in education and employment, the traditional preference
for male children, the country's birth limitation policies, and other
societal factors contributed to the high female suicide rate. Women in
rural areas, where the suicide rate for women is three to four times
higher than for men, were especially vulnerable.
While the gap in the education levels of men and women narrowed,
differences in educational attainment remained a problem. Men continued
to be overrepresented among the relatively small number of persons who
received a university-level education. According to Ministry of
Education statistics, in 2006 women accounted for 48 percent of
undergraduate and college students, 44 percent of postgraduate
students, and 34 percent of doctoral students. Women with advanced
degrees reported discrimination in the hiring process as the job
distribution system became more competitive and market-driven.
Children.--The law prohibits maltreatment of children and provides
protection for a wide range of children's rights. However, accurate
statistics were difficult to obtain from the official sources, and
enforcement of laws remained weak. The State Council's National Working
Committee on Children and Women was tasked with carrying out policy on
children. Parents must register their children in compliance with the
national household registration system within one month of birth.
Children not registered cannot access public services.
The law provides for nine years of compulsory education for
children. However, in economically disadvantaged rural areas, many
children did not attend school for the required period and some never
attended at all. Public schools were not allowed to charge tuition but
faced with insufficient local and central government funding, many
schools continued to charge miscellaneous fees. Such fees and other
school-related expenses made it difficult for poorer families and some
migrant workers to send their children to school.
According to reports, the proportion of girls attending school in
rural and minority areas was smaller than in cities; in rural areas 61
percent of boys and 43 percent of girls completed education higher than
lower middle school. The Government reported that nearly 20 million
children of migrant laborers followed their parents to urban areas.
Most children of migrant workers who attended school did so at schools
that were unlicensed and poorly equipped.
The Law on the Protection of Juveniles forbids infanticide;
however, there was evidence that the practice continued. According to
the NPFPC, a handful of doctors have been charged with infanticide
under this law. Female infanticide, sex-selective abortions, and the
abandonment and neglect of baby girls remained problems due to the
traditional preference for sons and the coercive birth limitation
policy. Female babies also suffered from a higher mortality rate than
male babies, contrary to the worldwide norm. State media reported that
infant mortality rates in rural areas were 27 percent higher for girls
than boys and that neglect was one factor in their lower survival rate.
There were more than 150,000 urban ``street children,'' according
to state-run media. This number was even higher if the children of
migrant workers who spend the day on the streets were included. In
August state media reported that the number of children in rural areas
left behind by their migrant worker parents totaled 5.8 million.
The law forbids the mistreatment or abandonment of children. The
vast majority of children in orphanages were girls, many of whom were
abandoned. Boys in orphanages were usually disabled or in poor health.
Medical professionals sometimes advised parents of children with
disabilities to put the children into orphanages.
The Government denied that children in orphanages were mistreated
or refused medical care but acknowledged that the system often was
unable to provide adequately for some children, particularly those with
serious medical problems. Adopted children were counted under the birth
limitation regulations in most locations. As a result, couples that
adopted abandoned baby girls were sometimes barred from having
additional children.
Trafficking in Persons.--The law prohibits trafficking in women and
children for sexual exploitation; however, there were reports that men,
women, and children were trafficked to, from, through, and within the
country for sexual exploitation and forced labor. The Government
increased efforts to combat trafficking, including raising public
awareness, expanding social services, and improving international
cooperation. However, trafficking laws do not fully comply with
international standards, and the definition of trafficking did not
include forced labor or trafficking of men and boys; minors were
defined as persons under 14 years of age.
The country was both a source and destination for trafficking in
persons. Most trafficking was internal for the purposes of sexual
exploitation, forced labor, and forced marriage. Women and children,
who made up 90 percent of trafficking cases, were often trafficked from
poorer, rural areas where they were abducted or lured to urban centers
with false promises of employment and then trafficked into prostitution
or forced labor. The MPS estimated that 10,000 women and children were
abducted and sold each year, and NGOs estimated that between 10,000 and
20,000 were trafficked annually.
Domestic and cross-border trafficking continued to be significant
problems, although the exact number of persons involved could only be
estimated, due in part to an itinerant population of approximately 150
million. The MPS reported about 2,500 trafficking cases during the
year, although experts claimed the number was much higher.
In April state media reported that police dismantled a trafficking
ring that allegedly was trafficking elementary and middle school
students from Liangshan, Sichuan Province, to factories in coastal
cities. In June the Fujian Provincial High Court reportedly upheld
criminal sentences for a group of men convicted of trafficking more
than 130 individuals to various countries from 2002 to 2006. The three
ringleaders of the group were sentenced to jail terms of 13, 8, and 5
years. Between February and July, police in Guangdong Province
reportedly handled 33 trafficking cases and arrested 57 suspects
involved in trafficking in persons, 15 of whom were foreign nationals.
In November police in Fujian Province cracked a trafficking case
involving 18 Vietnamese women who had been trafficked to Yunnan,
Guangxi, and other provinces in China. The women were reportedly sold
into marriages in rural communities for RMB 20,000 (approximately
$3,000) to RMB 30,000 (approximately $4,400) each. In Guizhou Province
state media reported that courts heard a case involving 30 suspects
accused of trafficking more than 80 women over a four-year period from
Guizhou to Shanxi, Fujian, Zhejiang, and other provinces. The women
were led to believe they were being provided employment, but instead
were trafficked to rural areas for forced marriage.
Some experts and NGOs suggested trafficking of persons has been
fueled by economic disparity and the effects of population planning
policies and that a shortage of marriageable women fueled the demand
for abducted women, especially in rural areas. The serious imbalance in
the male-female sex ratio at birth, the tendency for women to leave
rural areas to seek employment, and the cost of traditional betrothal
gifts all made purchasing a wife attractive to some poor rural men.
Some men recruited women from poorer regions, while others sought help
from criminal gangs. Once in their new ``families,'' these women were
``married'' and sometimes became victims of forced labor and/or rape.
Some joined their new communities, others struggled and were punished,
and a few escaped. Some former trafficking victims became traffickers
themselves, lured by the prospect of financial gain.
Over the past five years, there reportedly was an increase in
cross-border trafficking cases, with most trafficked women and girls
coming from North Korea, Mongolia, and Vietnam. Others came from Burma,
Laos, Russia, and Ukraine. All were trafficked into the country for
sexual exploitation, forced marriage, and indentured servitude in
domestic service or businesses. North Korean women and girls were
trafficked into the country to work in the sex industry and for forced
marriages and other purposes, including forced labor. Because the
Government continued to classify all North Korean trafficking victims
as economic migrants, they were routinely deported back to North Korea.
North Korean women reportedly were sold for RMB 2,900 to RMB
9,700(approximately $425 to $1,420). In the year leading up to the
Olympic Games, authorities stepped up efforts to locate and forcibly
repatriate North Korean refugees, including trafficking victims. The UN
reported that Chinese citizens were most often trafficked to Malaysia,
Thailand, the United Kingdom, and the United States. Second--tier
destinations included Australia, European countries, Canada, Japan,
Burma, Singapore, South Africa, and Taiwan.
Trafficked persons became entangled with alien smuggling rings,
which often had ties to organized crime and were international in
scope. Persons trafficked by alien smugglers paid high prices for their
passage to other countries, where they hoped their economic prospects
would improve. Some reportedly promised to pay RMB 231,000 to RMB
385,000(approximately $33,791 to $56,320) for passage. Upon arrival
many reportedly were forced to repay traffickers for the smuggling
charges and their living expenses by working in specified jobs for a
set period of time. Living and working conditions for trafficked
persons were generally poor. Traffickers restricted their movements and
confiscated their travel documents. Threats to report trafficking
victims to the authorities or to retaliate against their families if
they protested made trafficked persons even more vulnerable.
The revised law on the protection of minors, which took effect in
June 2007, prohibits trafficking, kidnapping, and sexual exploitation
of minors. Persons convicted of forced prostitution, abduction, or
commercial exploitation face criminal sanctions including fines,
confiscation of personal property, life imprisonment, and, in extreme
cases, the death penalty; convictions for trafficking minors carry
heavier sentences. Victims and their families can also bring civil
suits against offenders, but in practice few civil suits made it beyond
initial stages. In cases where they did go beyond initial stages,
victims encountered obstacles in claiming their award compensation.
Kidnapping and the buying and selling of children for adoption
increased over the past several years, particularly in poor rural
areas. There were no reliable estimates of the number of children
trafficked. Most children trafficked internally were sold to couples
unable to have children, particularly sons. Those convicted of buying
an abducted child may be sentenced to three years' imprisonment. In the
past most children rescued were boys, but increased demand for children
reportedly drove traffickers to focus on girls as well.
NGOs reported an increase in child trafficking, especially in rural
areas, and in cases of children forced to work as beggars, petty
thieves, and prostitutes. Some children worked in factories, but many
ended up under the control of local gangs and were induced to commit
petty crimes such as purse snatching (See Section 6.d.).
MPS officials stated that repatriated victims of trafficking no
longer faced fines or other punishment upon their return. However,
authorities acknowledged that some victims continued to be sentenced or
fined because of corruption among police, provisions allowing for the
imposition of fines on persons traveling without proper documentation,
and the difficulty in identifying victims. Trafficking victims often
lacked proper identification, which made it difficult to distinguish
them from persons who illegally crossed borders. MPS trained border
officials to spot potential victims of trafficking, and MPS opened two
border liaison offices on the Burma and Vietnam borders to process
victims. However, the ACWF reported that ongoing problems required
intervention to protect trafficking victims from unjust punishment.
The law criminalizing the purchase of women makes abduction and
sale separate offenses. There were reports of local officials'
complicity in both alien smuggling and in prostitution, which sometimes
involved trafficked women. In some cases village leaders sought to
prevent police from rescuing women who had been sold to villagers.
Authorities had yet to take sufficient steps to deter or prevent
trafficking-related corruption in the country.
Principal organs responsible for combating trafficking or assisting
its victims were the MPS, the State Council's Work Committee for Women
and Children, and the ACWF. It was central government policy to provide
funds to provincial and local police to house victims and return them
to their homes. Government-funded women's federation offices and other
women's organizations provided some counseling on legal rights,
rehabilitation, and other assistance to trafficking victims, although
lack of funding reportedly limited services in many areas. The
Government and NGOs also supported centers in communities with large
numbers of migrant laborers, to train members of at-risk groups to
avoid being trafficked and to get out of trafficking situations. The
Government distributed information to combat trafficking, and schools
provided antitrafficking training to students. The December 2007
National Action Plan on Combating Trafficking of Women and Children
formalizes cooperation among government agencies and establishes a
national information and reporting system. However, there were no plans
for resources to be allocated to local and provincial governments for
the implementation of the plan. Additionally, the plan covered only sex
trafficking of females, and did not address labor trafficking or male
victims of sex trafficking. The ACWF assisted victims in obtaining
medical and psychological treatment. Overseas NGOs provided treatment
to trafficking victims and conducted educational outreach programs to
educate rural youth about the dangers of trafficking. However, the
country continued to lack comprehensive, countrywide victim protection
services.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law protects the rights of persons
with disabilities and prohibits discrimination; however, conditions for
such persons lagged far behind legal dictates, failing to provide
persons with disabilities access to programs designed to assist them.
The Ministry of Civil Affairs and the China Disabled Persons
Federation, a government-organized civil association, were the main
entities responsible for persons with disabilities. State-run media
reported that there were 83 million persons with disabilities living in
the country. According to government statistics, 3,250 educational and
vocational centers provided training and job-placement services for
persons with disabilities. In 2007, 572,000 persons with disabilities
received education or training, but approximately 1.15 million urban
and 3.37 million rural persons with disabilities were unemployed.
The law prohibits discrimination against minors with disabilities
and codifies a variety of judicial protections for juvenile offenders.
In 2007 the Ministry of Education reported that nationwide there were
1,618 schools for children with disabilities. During the year there
were 63,400 new enrollments, bringing the total number of children with
disabilities at school to 419,000. The physical abuse of children can
be grounds for criminal prosecution. Nationwide 243,000 school-age
children with disabilities did not attend school. Nearly 100,000
organizations existed, mostly in urban areas, to serve those with
disabilities and protect their legal rights. The Government, at times
in conjunction with NGOs, sponsored programs to integrate persons with
disabilities into society. However, misdiagnosis, inadequate medical
care, stigmatization, and abandonment remained common problems.
According to reports, doctors frequently persuaded parents of
children with disabilities to place their children in large government-
run institutions, where care was often inadequate. Those parents who
chose to keep children with disabilities at home generally faced
difficulty finding adequate medical care, day care, and education for
their children. Government statistics showed that almost one-quarter of
persons with disabilities lived in extreme poverty. Unemployment among
adults with disabilities remained a serious problem. Under the
Employment Promotion Law, local governments were required to offer
incentives to enterprises that hired persons with disabilities.
Existing regulations in some parts of the country also required
employers to pay into a national fund for the disabled when the
employees with disabilities did not make up the statutory minimum
percentage of the total workforce. Standards adopted for making roads
and buildings accessible to persons with disabilities were subject to
the Law on the Handicapped, which calls for their ``gradual''
implementation; compliance with the law was lax. Students with
disabilities were discriminated against in access to education. The law
permits universities legally to exclude otherwise qualified candidates
from higher education.
The law forbids the marriage of persons with certain acute mental
illnesses, such as schizophrenia. If doctors find that a couple is at
risk of transmitting disabling congenital defects to their children,
the couple may marry only if they agree to use birth control or undergo
sterilization. The law stipulates that local governments must employ
such practices to raise the percentage of healthy births. Media reports
publicized the forced sterilization of mentally challenged teenagers in
Nantong, Jiangsu Province.
National/Racial/Ethnic Minorities.--Most minority groups resided in
areas they traditionally inhabited. Government policy calls for members
of recognized minorities to receive preferential treatment in birth
planning, university admission, access to loans, and employment.
However, the substance and implementation of ethnic minority policies
remained poor, and discrimination against minorities remained
widespread.
Minority groups in border regions had less access to education than
their Han counterparts, faced job discrimination in favor of Han
migrants, and earned incomes well below those in other parts of the
country. Government-run development programs often disrupted
traditional living patterns of minority groups and included, in some
cases, the forced relocation of persons. Han Chinese benefited
disproportionately from government programs and economic growth. As
part of is emphasis on building a ``harmonious society,'' the
Government downplayed racism against minorities, which remained the
source of deep resentment in the XUAR, Inner Mongolia Autonomous
Region, and Tibetan areas.
Minorities constituted nearly 14 percent of the NPC, which was
higher than their percentage in the population. According to 2007
government statistics, 36.3 percent of Guangxi's cadres were ethnic
minorities. All five of the country's ethnic minority autonomous
regions had governors from minority groups for the first time in
history. However, the Communist Party secretaries of these five
autonomous regions were all Han. Han officials continued to hold most
of the most powerful party and government positions in minority
autonomous regions, particularly the XUAR.
The Government's policy to encourage Han Chinese migration into
minority areas has significantly increased the population of Han in the
XUAR. In recent decades the Han--Uighur ratio in the capital of Urumqi
has shifted from 20 to 80 to 80 to 20 and was a deep source of Uighur
resentment. Discriminatory hiring practices gave preference to Han and
discouraged job prospects for ethnic minorities. According to 2005
statistics published by XUAR officials, eight million of the XUAR's 20
million official residents were Han. Hui, Kazakhs, Kyrgyz, Uighur, and
other ethnic minorities comprised approximately 12 million XUAR
residents. Official statistics understated the Han population, because
they did not count the tens of thousands of Han Chinese who were long-
term ``temporary workers.'' While the Government continued to promote
Han migration into the XUAR and fill local jobs with migrant labor,
overseas human rights organizations reported during the year that local
officials under direction from higher levels of government have
deceived and pressured young Uighur women to participate in a
government sponsored labor transfer program.
The XUAR government took measures to dilute expressions of Uighur
identity, including measures to reduce education in ethnic minority
languages in XUAR schools and to institute language requirements that
disadvantaged ethnic minority teachers. The Government continued to
apply policies that prioritized Mandarin Chinese for instruction in
school, thereby reducing or eliminating ethnic-language instruction.
Graduates of minority language schools typically needed intensive
Chinese study before they could handle Chinese-language course work at
a university. The dominant position of standard Chinese in government,
commerce, and academia put graduates of minority-language schools who
lacked standard Chinese proficiency at a disadvantage.
During the year authorities increased repression in the XUAR, and
targeted the region's ethnic Uighur population. In August officials in
XUAR reiterated a pledge to crack down on the Government-designated
``three forces'' of religious extremism, ``splittism,'' and terrorism.
In September XUAR CCP Chair Wang Lequan stated that ``this winter and
next spring we will launch a concentrated antiseparatist reeducation
campaign across the whole region.'' It was sometimes difficult to
determine whether raids, detentions, and judicial punishments directed
at individuals or organizations suspected of promoting the ``three
forces'' were instead actually used to target those peacefully seeking
to express their political or religious views. The Government continued
to repress Uighurs expressing peaceful political dissent and
independent Muslim religious leaders, often citing counterterrorism as
the reason for taking action.
Uighurs were sentenced to long prison terms, and in some cases
executed, on charges of separatism. In April 2007 foreign citizen
Huseyin Celil was sentenced to life in prison for allegedly plotting to
split the country and 10 years in prison for belonging to a terrorist
organization, reportedly after being extradited from Uzbekistan and
tortured into giving a confession. During the year the Government
reportedly sought the repatriation of Uighurs living outside the
country, where they faced the risk of persecution.
Possession of publications or audiovisual materials discussing
independence or other sensitive subjects was not permitted. According
to reports, those possessing such materials received lengthy prison
sentences, such as Uighur Mehbube Ablesh, who was detained for
expressing sensitive views online. Uighurs who remained in prison at
year's end for their peaceful expression of ideas the Government found
objectionable included Abdulla Jamal, Tohti Tunyaz, Adduhelil Zunun,
Abdulghani Memetemin, and Nurmuhemmet Yasin.
During the year XUAR officials defended the campaign against
separatism as necessary to maintain public order and continued to use
the threat of violence as justification for extreme security measures
directed at the local population and visiting foreigners.
Han control of the region's political and economic institutions
also contributed to heightened tension. Although government policies
brought economic improvements to the XUAR, Han residents received a
disproportionate share of the benefits.
(See also the Tibet addendum.)
Other Societal Abuses and Discrimination.--No laws criminalize
private homosexual activity between consenting adults. Societal
discrimination and strong pressure to conform to family expectations
deterred most gay individuals from publicly discussing their sexual
orientation. Published reports stated that more than 80 percent of gay
men married because of social pressure.
The Employment Promotion Law, which went into effect January 1,
improves protection against discrimination in employment, and local
governments began modifying their regulations to reflect the new law.
Under the new law and adopted regulations, employment discrimination
against persons carrying an infectious disease is prohibited, and
provisions allow such persons to work as civil servants. While the new
law improves protection against discrimination in employment, it does
not address some common types of discrimination in employment,
including discrimination based on height, physical appearance, or place
of origin.
Despite provisions in the new Employment Promotion Law,
discrimination against persons with HIV/AIDS and hepatitis B carriers
(including 20 million chronic carriers) remained widespread in many
areas. Persons with HIV/AIDS suffered discrimination, and local
governments sometimes tried to suppress their activities. At the same
time, international involvement in HIV/AIDS prevention, care, and
treatment, as well as central government pressure on local governments
to respond appropriately, brought improvements in some localities. Some
hospitals that previously refused to treat HIV/AIDS patients had active
care and treatment programs because domestic and international training
programs improved the understanding of local healthcare workers and
their managers. In Beijing dozens of local community centers encouraged
and facilitated HIV/AIDS support groups.
Some NGOs working with HIV/AIDS patients and their family members
continued to report difficulties with local governments, particularly
in Henan Province, where thousands were infected in government-run
blood-selling stations during the 1990s. Henan authorities successfully
provided free treatment to persons with HIV/AIDS, but foreign and local
observers noted that local governments were reluctant or even hostile
toward coordinating efforts with NGOs and preferred to work
independently.
Section 6. Worker Rights
a. The Right of Association.--Although the law provides for the
freedom of association, in practice workers were not free to organize
or join unions of their own choosing. Workers cannot choose an
independent union to represent them in the workplace, as independent
unions are illegal. The right to strike is also not protected in law.
The All--China Federation of Trade Unions (ACFTU), which was
controlled by the CCP and chaired by a member of the Politburo, was the
sole legal workers' organization. The trade union law gives the ACFTU
control over all union organizations and activities, including
enterprise-level unions, and requires the ACFTU to ``uphold the
leadership of the Communist Party.'' In some cases, the ACFTU and its
constituent unions influenced and implemented government policies on
behalf of workers. During the first half of the year, the ACFTU claimed
to have 209 million members in 1.7 million constituent unions in 3.6
million enterprises. The number of active members and union
organizations was unknown.
Already established in the state-owned sector, where union
representatives frequently held senior management positions, the ACFTU
continued its 2006 campaign to organize unions in foreign-invested
enterprises. Labor laws make no distinction between domestic and
foreign-invested enterprises with respect to the establishment of
unions. The ACFTU set a goal to organize unions in 80 percent of
foreign-invested enterprises by the end of September; the actual
percentage was unknown at year's end. The ACFTU dropped barriers to
migrant workers joining ACFTU unions, and launched a campaign to
increase the number of migrant worker members.
Direct election by workers of union leaders was rare, occurred only
at the enterprise level, and was subject to supervision by higher
levels of the union or Communist Party organization. Although the law
states that trade union officers at each level should be elected, most
were appointed by higher levels of the ACFTU, often in coordination
with employers. In enterprises where direct election of union officers
took place, regional ACFTU offices and local party authorities retained
control over the selection and approval of candidates.
Some workers acted outside the ACFTU structure to demand back
wages, pension or health insurance contributions, or other benefits
owed by employers. During the year strikes and labor protests
throughout the country were increasingly widespread and well-organized.
Reports of protests in which workers blocked traffic or damaged
employers' facilities appeared to increase during the year. Most of
these protests occurred at export-oriented Hong Kong and Taiwan-
invested factories, which shut down suddenly due to deteriorating
business conditions without paying back wages or severance pay.
During the year the Government acted against some activist workers,
especially when they engaged in organized campaigns. Some workers who
complained to local labor and social security bureau offices about
working conditions reported that they faced harassment from their
employers and police and sometimes from labor bureau officials. Labor
rights activists complained throughout the year of police surveillance,
including interviews with police. In March authorities in Guangzhou
arrested and subsequently detained 13 workers from three factories in
Guangzhou's Panyu District who were involved in public protests over
unpaid wages. Authorities used force to suppress the demonstrations,
bringing criminal charges against the protestors, and continued to use
administrative detention, which is not subject to judicial review, as a
penalty for involvement in such protests.
Although the Government showed some tolerance for civil society
organizations and law firms involved in protecting workers' rights,
authorities continued to monitor labor rights organizations closely,
especially those receiving funding from foreign sources. In some cases
local authorities interfered with the programs or activities of labor
organizations. On May 16, Chen Yuping was reportedly sentenced to 18
months of RTL for ``disturbing public order'' after he applied to the
AFTCU to establish a labor union for workers involuntarily retired or
laid off by their former employer, Jilin Oilfield. According to
international NGOs, authorities detained two other workers connected
with the case for 10 days after they talked to overseas media. Labor
organizations reported close surveillance by government security
agencies, including close attention to sources of funding and
connections to foreign organizations. Some labor organizations reported
pressure from local governments to cancel certain activities and public
events.
Labor activists detained in previous years were reportedly still in
detention at year's end, including Yao Fuxin, Wang Sen, He Zhaohui, Yue
Tianxiang, Miao Jinhong, Ni Xiafei, Huang Xiangwei, Li Xintao, Hu
Mingjun, Li Wangyang, Liu Zhihua, Luo Mingzhong, Luo Huiquan, Kong
Youping, Ning Xianhua, Li Jianfeng, Lin Shun'an, Chen Wei, She Wanbao,
and Zhu Fangming. Family members of some imprisoned labor activists
reported surveillance and harassment by public security officials.
The trade union law acknowledges that strikes may occur, in which
case the union is to reflect the views and demands of workers in
seeking a resolution of the strike. Local government interpretations of
laws and regulations with respect to the right to strike vary, with
some jurisdictions showing limited tolerance for strikes. Other
jurisdictions continued to treat worker protests as illegal
demonstrations. Without a clearly defined right to strike, workers had
only a limited capacity to influence the negotiation process.
In some cases workers did strike to demand better conditions and
benefits. During the year labor strikes and protests throughout the
country became increasingly widespread and well organized. In January
in Guangzhou and Dongguan in Guangdong Province, thousands of workers
from Hong Kong and Taiwan-invested factories protested wage arrears and
other grievances. Some of these strikers reportedly clashed with
police.
During the year there were numerous media accounts of worker
protests other than strikes, involving actual or feared job loss, wage
or benefit arrears, dissatisfaction with new contracts offered in
enterprise restructuring, failure to honor contract terms, or
discontent over substandard conditions of employment. In March pilots
flying out of Kunming simultaneously turned their planes around in
flight in what the press reported was an organized protest against new
airline policies affecting their take home pay. In July the airline
suspended or demoted 13 of the pilots involved in the March incident.
In November and December, there were also a series of spontaneous taxi
strikes, beginning in Chongqing and spreading to other cities, in which
taxi drivers protested high operating fees and competition from
unlicensed cabs. Labor experts reported that such protests were
typically initiated by small numbers of workers and organized through
text messaging.
b. The Right to Organize and Bargain Collectively.--The labor law
permits collective bargaining for workers in all types of enterprises;
however, in practice collective bargaining fell far short of
international standards. Under the law, collective contracts are to be
developed through collaboration between the labor union and management
and should specify such matters as working conditions, wage scales, and
hours of work. In the private sector, where active labor unions were
rare and alternative union organizations had no legal standing to
negotiate, workers faced significant obstacles to bargaining
collectively with management.
The trade union law specifically addresses unions' responsibility
to bargain collectively on behalf of workers' interests. Regulations
required the union to gather input from workers prior to consultation
with management and to submit collective contracts to workers or their
congress for approval. There is no legal obligation for employers to
negotiate, and some employers refused to do so.
On January 1, the new labor contract law went into effect. A key
article of the labor contract law requires employers to consult with
labor unions or employee representatives on matters that have a direct
bearing on the immediate interests of their workers. Although the
central government had not clarified the meaning of this article, some
local jurisdictions interpreted it as a mandate for collective
bargaining and reflected such an interpretation in local regulations on
collective contract negotiations. During the year the ACFTU also called
on its local organizations to carry out more aggressively their mandate
to conclude collective contracts with employers. In 2007 the ACFTU
reported that there were more than 975,000 collective contracts in
place, covering 1.7 million enterprises and 128 million workers;
343,000 of these were contracts specifically covering wages. During the
first half of the year, the ACFTU reported that there were more than
1.09 million collective contracts in place, covering 1.8 million
enterprises and 143 million workers; 376,000 collective contracts
specifically addressed the issue of wages. However, the majority of the
collective contracts were prefabricated contracts adopted without
negotiation. Collective contracts generally reflected statutory minimum
labor standards. The majority of collective contracts did not address
the issue of wages.
The law provides for labor dispute resolution through a three-stage
process: mediation between the parties, arbitration by officially
designated arbitrators, and litigation. The labor dispute mediation and
arbitration law, which went into effect in May, improved workers'
access to and streamlined this three-stage process. During the year the
volume of cases processed through this system increased sharply, with
some jurisdictions, especially in the coastal exporting regions,
posting increases of 300 to 500 percent, according to government
statistics. The number of such officially adjudicated labor disputes
had already more than doubled between 2001 and 2007. Experts claimed
that this notable rise in recorded disputes was due to both an increase
in actual disputes and to the Government's increased capacity to record
and handle these disputes.
The trade union law provides specific legal remedies against
antiunion discrimination and specifies that union representatives may
not be transferred or terminated by enterprise management during their
term of office. Collective contract regulations provide similar
protections for employee representatives during collective
consultations. ACFTU officials and other observers reported that such
protections were difficult to enforce in practice.
Workers and their advocates suffered harassment and intimidation by
criminal elements often hired by employers. In January the local press
reported that 31 migrant workers in Beijing involved in a dispute with
their employer over unpaid wages were beaten by club--wielding thugs.
In March unknown assailants beat and severely injured two Shenzhen
labor lawyers with steel pipes after luring them to a remote area by
claiming to be workers seeking legal advice. This occurred two days
before the lawyers were to represent a group of over 20 workers in a
labor arbitration case.
There are no special laws or exemptions from regular labor laws in
export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced and compulsory labor, including by children, but such practices
occurred. In April police in Dongguan, Guangdong Province, rescued more
than 100 Yi minority youths, following reports that labor brokers in
the city were supplying workers to factories and workshops on contract
terms that violated labor, child welfare, and antitrafficking laws.
Press reports claimed that more than 1,000 underage Yi workers were
working in Dongguan. These workers reportedly received less than the
minimum wage, worked longer than the maximum number of hours permitted,
and received no social insurance benefits. There were also reports some
of the female workers were sexually exploited. The workers were
recruited, sometimes with the complicity of their families, through a
network of informal labor brokers from the impoverished Liangshan Yi
Minority Autonomous Prefecture in Sichuan Province. Employers
reportedly paid the wages directly to the labor brokers who kept a
portion and passed the rest to the workers' families. Press reports
indicated that many of the workers had false documentation, but were
really between 12 and 15 years old, and that some workers appeared to
be younger than 10. Dongguan authorities reported that all the rescued
workers had documentation indicating they were over 16, and that few of
the workers wanted to return to Liangshan. After the initial press
reports, local authorities suppressed reporting about the incident. In
June the MPS asserted that ``the information in the report on Dongguan
Child Labor Issues was not factual, nor did we find any enterprises in
Dongguan City using child labor.'' In March police in Harbin,
Heilongjiang Province, rescued 33 migrant construction workers, several
of whom were persons with mental disabilities, from confinement in a
room 98 feet square. State media reported the workers lived under
``slave-like'' conditions, and had been lured with false promises of
paid employment by traffickers, who targeted vulnerable workers at
train and bus stations.
Forced labor remained a serious problem in penal institutions. Many
prisoners and detainees in RTL facilities were required to work, often
with no remuneration. There was no effective mechanism to prevent the
export of goods made under such conditions.
It remained common for employers to withhold several months' wages,
or to require unskilled workers to deposit several months' wages, as
security against the workers departing early from their labor
contracts. These practices prevented workers from exercising their
right to leave their employment.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children under the age of 16, but the
Government had not adopted a comprehensive policy to combat child labor
and child labor remained a persistent problem. The labor law specifies
administrative review, fines, and revocation of business licenses of
those businesses that illegally hire minors. The law also stipulates
that parents or guardians should provide for children's subsistence.
Workers between the ages of 16 and 18 were referred to as ``juvenile
workers'' and were prohibited from engaging in certain forms of
physical work, including labor in mines.
A decree prohibiting the use of child labor provides that
businesses illegally hiring minors or in whose employ a child dies will
be punished via administrative review, fines, or revocation of their
business license. The decree further provides that underage children
found working should be returned to their parents or other custodians
in their original place of residence.
Child labor was reportedly discovered in low-skill manufacturing
sectors such as toys, textiles, and shoes. In October in Hubei
Province, authorities announced a crackdown on child labor in small-
scale workshops in Wuhan, after a local photojournalist posted an
expose on the Internet, including photographs of child laborers in
local garment, silk screening, zipper, and mop factories. After
announcing its crackdown, there was no further press reporting on the
story and the relevant Internet postings were blocked.
In June an international NGO reported that some factories licensed
to make goods bearing the 2008 Olympics logo employed child labor. A
subsequent investigation by the Government of Dongguan, Guangdong
Province, found that Lekit Stationery Company had hired eight students
under the age of 16. The students earned RMB 32 ($4.70) for a 12-hour
day and worked six days a week, according to the investigation. The
Beijing Organizing Committee for the Olympic Games revoked the
company's license to produce Olympic logo goods.
Social compliance auditors working for foreign buyers continued to
report a low but increasing incidence of child labor in factories
producing for export. Under the Government-permitted work-study
programs, elementary schools supplied factories with low-cost child
labor under the pretext of vocational training.
e. Acceptable Conditions of Work.--There was no national minimum
wage, but the labor law requires local governments to set their own
minimum wage according to standards promulgated by the Ministry of
Human Resources and Social Security. These standards include the
minimum cost of living for workers and their families, levels of
economic development, and employment in the area, as well as the level
of social insurance and other benefits contributions paid by the
employees themselves. Labor bureaus set these standards to cover basic
needs. The regulation states that labor and social security bureaus at
or above the county level are responsible for enforcement of the law.
It provides that where the ACFTU finds an employer in violation of the
regulation, it shall have the power to demand that the relevant labor
bureaus deal with the case.
During the early part of the year many cities increased their
minimum wages, typically by 10 to 15 percent, to keep up with a rising
cost of living. However, in November the MOHRSS announced that it would
postpone further planned increases in the minimum wage nationwide,
because of diminished economic growth and falling consumer prices.
Wage arrears remained a common problem, especially among migrant
workers. Some migrant workers received wages once a year, when settling
with employers prior to returning home for the lunar New Year.
Governments at various levels continued their efforts to prevent
arrears to recover payment of missing wages and insurance
contributions. Legal aid lawyers and government sources reported that
nonpayment or underpayment of wages still accounted for a large portion
of labor disputes. The incidence of wage arrears increased late in the
year as many of the country's export-oriented manufacturers, facing a
sharp decline in orders from overseas, began to lay off large numbers
of workers.
Migrant workers, estimated between 130 and 230 million, faced
numerous other obstacles with regard to working conditions and labor
rights. Many were unable to access public services, such as public
education or social insurance, in the cities where they lived and
worked. Because pension benefits are not portable, many migrant workers
opted not to participate, or had to forfeit the majority of social
insurance contributions made on their behalf when they moved to another
jurisdiction.
Other widespread illegal practices effectively reduced workers'
wages. These included arbitrary fines and wage deductions levied by
employers for alleged breaches of company rules. Many employers used an
``extended shift'' system, in which the employer set an unrealistic
production target that workers could not achieve within designated work
hours, forcing workers to work overtime without additional compensation
to meet the target and sometimes resulting in actual hourly wages that
were below the legal minimum wage. The illegal practice of collecting
wage deposits or paying wages in arrears to prevent workers from
quitting their jobs without the employer's consent remained a common
problem.
The labor law mandates a 40-hour standard workweek, excluding
overtime, and a 24-hour weekly rest period. It also prohibits overtime
work in excess of three hours per day or 36 hours per month and
mandates a required percentage of additional pay for overtime work.
However, in practice compliance with the law was weak, and standards
were regularly violated, particularly in the private sector and in
enterprises that used low-skilled migrant or seasonal labor. In some
cases local labor bureaus formally approved employers' overtime
policies that exceeded the legal maximum. Social auditors found that
factories routinely falsified overtime and payroll records.
Inadequate and poorly enforced occupational health and safety laws
and regulations continued to put workers' health and lives at risk. The
State Administration for Work Safety (SAWS) acknowledged that
occupational health and safety concerns remained serious. The work
safety law states that employees have the right, after spotting an
emergency situation that threatens their personal safety, to evacuate
the workplace. Employers are forbidden to cancel the labor contracts or
reduce the wages or benefits of any employee who takes such action. In
practice such protective provisions were difficult to enforce.
Overall there was a decline in reported accidents and fatalities
compared with the previous year. SAWS reported a 10.2 percent decline
in work and traffic-related fatalities compared with 2007 but did not
publish separate statistics for work-related accidents or fatalities.
The coal industry continued to have high accidents and fatalities.
SAWS reported that coal mine accidents and fatalities fell during the
year by 19.3 percent and 15.1 percent, respectively. The drop in
reported fatalities reflected, in part, the success of government
efforts to improve mine safety, which included a policy of
consolidating the industry into larger, better regulated mining
companies. About two-thirds of coal mine accidents occurred in small
mines, which accounted for only one-third of the country's coal
production. Although reported coal mine fatalities decreased in
absolute terms, the fatality rate remained very high by international
standards. There were 1.5 reported coal mine fatalities per million
metric tons of coal produced in 2007, compared with 2.4 fatalities per
ton in 2006.
The Government sought to prosecute some employers responsible for
these incidents. In January police arrested individuals who illegally
reopened a closed coal mine in Linfen City, Shanxi Province, after an
explosion killed 25 workers. In February, also in Linfen City,
authorities publicly convicted and sentenced 17 individuals in
connection with a mine explosion that killed 105 miners in December
2007.
Cover--ups of mine accidents and other work-related accidents were
common. Legislative and mine safety experts reported that mine safety
problems stemmed from an inadequate legal framework, weak penalties,
poor mine supervision, noncompliance with mine safety regulations and
mine closure orders, and inadequate training for mine inspectors, mine
operators, and miners. In September the governor of Shanxi Province
resigned following a mudslide that killed 260 villagers adjacent to an
illegally operated iron mine.
Work-related injuries and fatalities were also common outside the
mining sector. In January the Beijing Organizing Committee for the
Olympic Games denied allegations that 10 workers had died at Olympic
venue construction sites, but SAWS, which did not supervise the
construction industry directly, later confirmed the death of six
workers at Olympic construction sites over a three-year period. Also in
January the Government reported that 18 rail workers were killed in
Shandong Province when struck by a passing high-speed train.
Many factories that used harmful materials or processes not only
failed to protect their workers against the ill effects of such
materials or processes but also failed to inform them about the
hazards, neglected to provide them with health inspections as required
by law, and denied their claims for compensation when they fell ill. In
February 130 workers at a lead refinery in Shaanxi Province, which the
Government ordered closed in November 2007, reportedly suffered from
lead poisoning and were seeking compensation after being dismissed from
their jobs. In July, 20 workers at a battery factory in Jiangsu
Province reportedly suffered from cadmium poisoning and were seeking
compensation.
NGOs reported that local labor and social security bureaus
frequently rejected claims for compensation by workers because
employers failed to provide them with documentation as required by law.
Workers showed a willingness to use lawsuits to pursue injury and
illness claims against employers, but access to legal aid was limited.
While many labor laws and regulations were fully compatible with
international standards, implementation and enforcement were generally
poor. In addition labor contracts were executed rarely or contained
terms inconsistent with the law. The lack of written labor contracts
made it much more difficult for workers whose rights had been violated
to seek redress through administrative processes or through the courts.
The labor legislation that went into effect during the year aims to
improve the regulation of labor contracting agencies and limit the
conditions under which employers can use contingent or temporary labor;
however, the widespread use of such workers continued to create legal
gray areas that made labor law enforcement more difficult.
TIBET
The United States recognizes the Tibet Autonomous Region (TAR) and
Tibetan autonomous prefectures, counties, and townships in other
provinces to be a part of the People's Republic of China (PRC). The
Tibetan population within the TAR was approximately 2.8 million, while
the Tibetan population outside the TAR was an estimated 2.9 million.
The Government strictly controlled information about, and access to,
the TAR and Tibetan areas outside the TAR, making it difficult to
determine accurately the scope of human rights abuses. These controls
intensified following the outbreak of widespread unrest in Tibetan
areas on March 14.
The Government's human rights record in Tibetan areas of China
deteriorated severely during the year. Authorities continued to commit
serious human rights abuses, including torture, arbitrary arrest,
extrajudicial detention, and house arrest. Official repression of
freedoms of speech, religion, association, and movement increased
significantly following the outbreak of protests across the Tibetan
plateau in the spring. The preservation and development of Tibet's
unique religious, cultural, and linguistic heritage continued to be of
concern.
On March 10, monks and nuns from a number of monasteries mounted
peaceful protests in Lhasa and other Tibetan communities to commemorate
the anniversary of the 1959 Tibetan uprising. During the next few days,
laypeople joined the protests. Local police attempted to contain the
demonstrations with tear gas and detentions and conducted searches of
local monasteries and homes. On March 14 and 15, rioting occurred in
Lhasa after security officials used force to arrest some demonstrators,
including monks. Some protesters resorted to violence, in some cases
deadly, against ethnic Han and Hui residents. Protesters damaged
property and stole from non--Tibetan businesses and government
buildings. The demonstrations quickly spread to other ethnic Tibetan
communities in the TAR as well as in Qinghai, Gansu, and Sichuan
provinces, as protesters conveyed solidarity with the monks and nuns,
and expressed frustration over restrictions on fundamental rights,
including religious practice, and unequal economic and educational
opportunities. The Government responded by deploying large numbers of
People's Armed Police (PAP) troops to Tibetan areas and violently
suppressing demonstrations, which resulted in killings. PAP troops also
conducted random searches and arbitrary arrests, and severely limited
movement of Tibetans and foreigners. Protests, which at times turned
violent, continued in the TAR and Tibetan areas of Sichuan, Gansu and
Qinghai during the second half of the year.
Deprivation of Life.--There were numerous reports that the
Government or its agents committed arbitrary or unlawful killings.
Observers estimated security forces killed up to 218 Tibetans in March
and April during the outbreak of widespread protests in the TAR and
other Tibetan areas. According to eyewitness accounts, security forces
used firearms against demonstrators in Lhasa on March 14 and 15,
resulting in killings. However, on March 28, TAR Chairman Qiangba
Puncog asserted to a delegation of foreign diplomats in Lhasa that
security forces had not used deadly force to suppress the
demonstrations and riots in Lhasa. The Government reported that 22
persons were killed in the Lhasa violence, including 18 civilians, one
police officer, and three rioters. Outside observers, including Tibetan
exile groups and such NGOs as the International Campaign for Tibet
(ICT) and the Tibetan Center for Human Rights and Democracy (TCHRD),
variously placed the number of persons killed in Tibetan areas due to
official suppression that began March 10 at between 100 and 218.
Because the Government severely limited access by foreign diplomats and
journalists to Tibetan regions, it was not possible to verify
independently the number of killed and injured.
Following the March 14-15 riots in Lhasa, more than 125 protests
spread across the TAR and other Tibetan areas, occasionally becoming
violent. According to nongovernmental organization (NGO) reports, at
least 14 protests involved a significant degree of violence, including
the deaths of protesters. On March 15 or 16, in Phenpo Lhundrup county
(Linzhou) in the TAR, local police reportedly fired on a crowd
demanding the release of the monks arrested in Lhasa for demonstrating.
One businessman, Jinpa, was killed and hundreds of monks and local
residents were arrested. On March 16, press and NGOs reported that
police in Aba Prefecture, Sichuan Province, fired on demonstrators near
the Kirki monastery, resulting in the deaths of at least 10 Tibetans,
including monks and three high school students. The Xinhua News Agency
confirmed the incident, but reported police had fired in self-defense
and did not acknowledge causalities. On April 3, the ICT reported a
second incident in which security forces fired on protesters at Tongkor
monastery in Kardze (Ganzi) Tibetan Autonomous Prefecture (TAP),
Sichuan Province, killing 10 to 15 persons, including three monks, six
women and one child. The TCHRD reported that on May 28, in Kardze,
Sichuan Province, security forces shot a Tibetan student staging a
peaceful and solitary protest and dragged her away from the scene. The
ICT reported that on March 28, more than 80 bodies were burnt together
at a crematorium in one county under Lhasa Municipality.
Some Tibetans injured in the unrest in Lhasa reportedly were denied
medical care and access to hospitals, possibly resulting in an unknown
number of otherwise preventable deaths.
Disappearance.--Following the March 14 and 15 riots in Lhasa,
authorities arrested Tibetans arbitrarily, including monks and nuns,
many of whom remained missing. Official statistics for the number
detained were incomplete and covered only certain areas. On July 11,
official media reported that 953 persons were detained or had
surrendered to police in Lhasa following the riots. The report stated
that 42 persons were sentenced to prison in connection with the unrest,
and an additional 116 were awaiting trial. On November 4, the Xinhua
News Agency quoted a statement by TAR Vice Chairman Baema Cewang that
55 persons were sentenced to three years to life in connection with the
March violence in Lhasa. Cewang added that 1,317 persons had been
detained, ``of whom 1,115 subsequently were released,'' while the
remainder ``stood trial.'' At year's end at least 190 Tibetans had
reportedly been sentenced by various county-level courts in the TAR,
according to TCHRD. In August the ICT released a list with the names of
more than 900 individuals detained in connection with the March unrest,
263 of whom reportedly were still in custody. In September the TCHRD
reported that more than 1,000 Tibetans remained missing, including 80
monks from the Drepung Monastery near Lhasa. Family members and
monastic leaders often were unable to receive information regarding
missing family members from local authorities following the unrest.
On March 18, Phurbu Tsering Rinpoche of Tehor Kardze Monastery, a
highly revered religious leader and head of Pangri and Yatseg nunneries
in Kardze (where demonstrations occurred), was arbitrarily arrested in
his home. His whereabouts were unknown at year's end. On March 23,
Dhondup Wangchen and Jigme Gyatso, who filmed a documentary featuring
interviews with Tibetans discussing their views of the Beijing Olympic
Games and conditions in Tibet, reportedly were arrested, although their
whereabouts remained unknown at year's end.
According to the Asian Forum for Human Rights and Development and
TCHRD, on April 7, following a midnight raid on the Ramoche Temple in
Lhasa, five monks, including Sonam Rabgyal, Damdul, and Rabgyal,
disappeared. No new information was available on the whereabouts of
Phuntsok Gyaltsen, the deputy head of Phurbu Township, Palgon County,
TAR, who was detained in April 2007.
The whereabouts of the Panchen Lama, Gendun Choekyi Nyima, Tibetan
Buddhism's second most prominent figure after the Dalai Lama, and his
family remained unknown. In August TAR Ethnic and Religious Affairs
officials maintained that his recognition as the Panchen Lama was
illegal, and that he valued his privacy and was in good health.
Torture.--The security regime employed torture and degrading
treatment in dealing with some detainees and prisoners. Tibetans
repatriated from Nepal reportedly suffered torture, including electric
shocks, exposure to cold, and severe beatings, and were forced to
perform heavy physical labor. Prisoners were subjected routinely to
``political investigation'' sessions and were punished if deemed
insufficiently loyal to the state.
According to numerous sources, many of those detained after March
10 were subjected to extrajudicial punishments such as severe beatings
and deprivation of food, water, and sleep for long periods. In some
cases, detainees suffered broken bones and other serious injuries at
the hands of PAP and Public Security Bureau (PSB) officers. According
to eyewitnesses, the bodies of persons killed during the unrest or
subsequent interrogation were disposed of secretly rather than returned
to their families. Tibetan monk Jigme Guri from the Labrang Monastery
in Gansu Province told Associated Press journalists that prison
authorities beat him repeatedly during two months of detention
beginning March 21. According to Jigme, the beatings left him
unconscious for six days, and he required two hospitalizations. On
November 4, authorities reportedly detained Jigme again for unknown
reasons.
Tibetans seeking to flee to India and other countries overland via
Nepal risked violence and arrest at the hands of security forces.
Prison Conditions.--The mass detentions connected with the March
unrest amplified already crowded and harsh prison conditions. Some
prisons used forced labor, including those in the public security
reeducation through labor system (RTL), detention centers, and prison
work sites. The law states that prisoners may be required to work up to
12 hours per day, with one rest day every two weeks, but these
regulations often were not enforced.
Arbitrary Arrest and Detention.--Arbitrary arrest and detention
increased substantially in Tibetan areas during the year. Police
legally may detain persons for up to 37 days without formally arresting
or charging them. Following the 37-day period, police must either
formally arrest or release the detainees. Police must notify the
relatives or employer of an arrested person within 24 hours of the
arrest. In practice police frequently violated these requirements, and
international NGOs reported that police detained thousands of Tibetans
following the Lhasa riots for months without notifying their families.
Official state media reported the detentions of 4,434 persons in
Tibetan areas (1,315 in Lhasa) between March and April, although some
NGOS placed the number at more than 6,500. On March 25, the official
Xinhua News Agency reported that 381 rioters in Ngaba (Aba) TAP,
Sichuan Province, had surrendered to police. On April 9, Xinhua
reported that in the Gannan TAP, Gansu Province, 2,204 persons,
including 519 monks, surrendered to police, although police later
released 1,870 of them. The same report noted that police formally
arrested eight persons in Gannan and placed 432, including 170 monks,
in temporary custody.
On November 8, the Lhasa Evening News reported that on October 27,
the Lhasa Intermediate Court sentenced Wangdu (Wangdui), a former
employee of an HIV/AIDS prevention project run by a foreign NGO, to
life in prison for engaging in ``espionage'' on behalf of the ``Dalai
clique.'' The paper also reported that six other Tibetans, including
another former employee of a foreign NGO, Migmar Dhondup, received
sentences ranging from eight to 15 years for ``espionage'' or
``providing intelligence to foreigners.''
Many prisoners were subject to the RTL system or other forms of
detention not subject to judicial review.
Political Prisoners and Detainees.--Due to the lack of independent
access to prisoners and prisons, it was nearly impossible to ascertain
the number of Tibetan political prisoners. Many prisoners were held in
the extrajudicial RTL prisons operated by the Ministry of Public
Security and never appeared in court. The number of political prisoners
in Tibetan areas, estimated at 95 in 2007, rose sharply due to the
March unrest. Although exact figures were unavailable, the TCHRD placed
the number of Tibetans detained in the months following the protests at
more than 6,500.
Based on information available from the Congressional Executive
Commission on China's (CECC) political prisoner database (PPD), at
year's end there were 550 political prisoners imprisoned in Tibetan
areas. However, the actual number of Tibetan political prisoners and
detainees was believed to be much higher. Of the 550 documented
political prisoners and detainees, 463 were detained on or after March
10 and 385 political prisoners were Tibetan Buddhist monks and nuns. At
year's end the CECC PPD contained sentencing information on only 20 of
the Tibetan political prisoners. The judicial system imposed sentences
on these 20 political prisoners ranging from one year to life
imprisonment. An unknown number of prisoners continued to be held under
the RTL system.
On May 19, security forces reportedly arrested 12 monks from the
Dingri Shelkar Choedhe Monastery for resisting patriotic education. On
July 26, authorities reportedly arrested Asang Bersatsand, Ngoesoe
Konkyaptsang, Jamsang, and Gadho from Nangchen County (Yushu) in
Qinghai Province for protesting the Summer Festival.
Prominent Buddhist figure Tenzin Delek Rinpoche remained in
Sichuan's Chuandong Prison. Dozens of monks and nuns who resisted
``patriotic education'' campaigns before the March protests continued
serving prison terms.
The following persons remained in prison: Rongye Adrak; Adak Lupoe,
sentenced to 10 years in prison for ``endangering national security;''
Jarib Lothog, sentenced to three years in prison; Khenpo Jinpa,
sentenced to three years in prison; Jarib Lothog; art teacher and
musician Kunkhyen, sentenced to nine years in prison; Buchung; Penpa;
Jigme Gyatso and Bangri Chogtrul Rinpoche; monk Choeying Khedrub from
Nagchu Prefecture, sentenced to life in prison in 2001; Dawa (also
called Gyaltsen Namdak), sentenced in 2006 to five years' imprisonment
for allegedly distributing pamphlets containing political material;
monk Lobsang Palden from Ganzi Monastery, charged in 2006 for
initiating separatist activities based on his alleged possession of
photographs of the Dalai Lama; teacher Dolma Kyab; Sherab Yonten, Sonam
Gyelpo, and two others; and monk Tsering Dhondup.
Denial of Fair Public Trial.--Legal safeguards for Tibetans
detained or imprisoned were inadequate in both design and
implementation. Twenty-one lawyers from across China who had
volunteered free legal representation to detained Tibetans following
the March protests received warnings from authorities not to take on
such cases. The lawyers were questioned, threatened with punishment,
and many were placed under police surveillance. One such attorney,
Beijing-based lawyer Teng Biao, was barred from renewing his annual law
license. Most judges in the TAR had little or no legal training.
According to a TAR Bureau of Justice official, all seven cities and
prefectures had established legal assistance centers that offered
services in the Tibetan language. Prisoners may request a meeting with
a government-appointed attorney, but in practice many defendants did
not have access to legal representation. In cases involving state
security, trials were often cursory and closed. By law maximum prison
sentences for crimes such as ``endangering state security'' and
``splitting the country'' are 15 years for each count, not to exceed 20
years in total. Authorities frequently sentenced Tibetans for alleged
support of Tibetan independence regardless of whether their activities
involved violence.
Authorities sentenced Tibetans convicted of crimes in connection
with their participation in the March and April protests in mass
sentencing trials, none of which were open to foreign observers despite
repeated requests from the international community. On April 29, the
Lhasa Intermediate People's Court sentenced 30 Tibetans to terms
ranging from three years to life imprisonment. On June 19 and 20, the
same court convicted an additional 12 persons. In October a third
sentencing occurred with seven Tibetans (including Wangdu) receiving
sentences ranging from eight years to life.
During a secret trial in November, a court reportedly sentenced 81-
year-old Paljor Norbu, a Tibetan traditional painter, to seven years in
prison. His relatives received neither official notification of his
detention nor information regarding the charges against him. His
whereabouts were unknown at year's end.
Freedom of Speech and Press.--Tibetans who spoke to foreign
reporters, attempted to relay information to foreigners outside China,
or passed information regarding the March and April protests were
subject to harassment or detention. According to Radio Free Asia (RFA),
on April 19, authorities detained Nyima Drakpa in Tawu (Daofu) County,
Sichuan Province, for allegedly passing information and sending photos
of protests to a reporter in Hong Kong. On November 3, a court
sentenced Norzin Wangmo, from Ngaba TAP in Sichuan Province, to five
years in prison for passing news of the situation in Tibet.
The Government continued to jam radio broadcasts of Voice of
America's (VOA) and RFA's Tibetan-- and Chinese-language services and
the Oslo-based Voice of Tibet. In Ganzi TAP, Sichuan Province, police
confiscated or destroyed satellite dishes suspected of receiving VOA
television broadcasts. Some Tibetans reported that at times they were
able to receive such radio broadcasts despite frequent jamming. In the
days following the March protests, official censors cut off satellite
feeds from the BBC World News and CNN when the stations aired reports
concerning the protests. Domestic media showed images of the March 14-
15 violence perpetrated by Tibetans in Lhasa, but did not provide
domestic audiences with reporting on the violent official suppression
thereof, or on the protests that continued throughout the year.
Authorities reportedly also disrupted cell phone, landline, and
Internet transmissions in Tibetan areas following the riots.
The Government severely restricted travel by foreign journalists to
Tibetan areas. Liberalized regulations governing foreign media coverage
during the Beijing Olympic Games, which permitted unrestricted travel
throughout China by foreign journalists, were made permanent in October
but did not apply to foreign journalists traveling to the TAR.
After the March unrest, authorities barred a foreign film crew in
Xiahe, Gansu Province, from using email and ordered the crew not to
report on police activities at Labrang Monastery. Officials also
routinely denied foreign media representatives access to Tibetan areas
throughout the spring, ostensibly out of concern for their safety.
Domestic journalists reporting on repression in Tibetan areas faced
punishment. Authorities at the Nandu Weekly demoted journalist Zhang
Ping from his position as deputy editor after Zhang published an
article critical of official censorship during the March unrest on his
blog in April.
Internet Freedom.--The Internet blog of well-known Tibetan poet and
journalist Tsering Woeser, also known as Oser, remained inaccessible to
Internet users inside China due to official Internet filtering. During
the year hackers attacked Woeser's blog site and Skype account.
Authorities also refused to issue Woeser a passport. Most foreign
Tibet-related Web sites critical of official policy in the TAR were
blocked to users in China year-round. Following the March protests,
Internet Service Providers censored searches for news reports and
blocked Web site footage of the protests. On March 20, Reporters
Without Borders obtained a copy of a message from authorities in charge
of Internet censorship banning Internet users from posting news about
Tibetan events in Sichuan Province.
Critics of China's Tibet policy were subject to Internet-related
harassment. In the weeks after the March unrest, several Beijing-based
foreign correspondents received death threats after their personal
contact information, including mobile phone numbers, was revealed on
the Internet.
Academic Freedom and Cultural Events.--Authorities in Tibetan areas
required professors and students at institutions of higher education to
attend political education sessions in an effort to prevent separatist
political and religious activities on campus. The Government controlled
curricula, texts, and other course materials as well as the publication
of historically or politically sensitive academic books (see Protection
of Cultural Heritage). Academics in China who publicly criticized the
Chinese Communist Party's (CCP) policies on Tibetan affairs faced
official reprisal.
Freedom of Religion.--While the law provides for freedom of
religious belief, the level of repression in Tibetan areas increased
significantly during the year, especially following the March unrest.
Religious freedom often was restricted due to the Government's linkage
of reverence for the Dalai Lama with political opposition to the
Government and the CCP.
Press and NGO reports suggested that continued tight government
controls on religious practices and places of worship in Tibetan areas
was a major factor leading to the widespread protests that began in
March. Although authorities permitted many traditional practices and
public manifestations of belief, they promptly and forcibly suppressed
activities they viewed as vehicles for political dissent or advocacy of
Tibetan independence, including worshipping the Dalai Lama.
Although regional differences in religious freedom remained
throughout the year, official respect for religious practice
deteriorated sharply after the protests of March 10. Following the
unrest in Lhasa of March 14 and 15, authorities locked down many
monasteries across Tibetan areas, and detained and physically abused an
unknown number of monks and nuns or expelled them from their
monasteries. The Government expanded and intensified patriotic
education campaigns in monasteries and nunneries, prompting additional
rounds of protests through June. By year's end, according to reports
from many monks and some abbots, considerably fewer monks and nuns
resided in monasteries and nunneries than in the previous year.
Since March authorities reportedly detained more than 80 nuns in
Sichuan Province. On March 28-29, authorities arrested more than 570
monks from Ngaba Kirti Monastery in Ngaba County (Aba Xian), Sichuan
Province. On May 14, authorities arrested more than 55 nuns of Pangri
Na Tashi Gepheling Nunnery in Kardze County. The nuns were peacefully
demonstrating against the Government's handling of protesters, as well
as official statements that the Dalai Lama had masterminded the
protests.
In August an annual religious festival normally attended by tens of
thousands of persons at Labrang Monastery in Gansu Province was
cancelled, reportedly due to official desire to prevent any incidents
from taking place during the Olympic Games. While repression was less
evident in Tibetan areas of Yunnan Province, many monks from Sichuan
Province's Aba Prefecture fled to Chengdu and other areas to escape the
Government's harsh official response to the March and April protests.
As many as 80 percent of the approximately 2,500 monks at Kirti
Monastery in Aba's Ngaba county left the monastery in June and July to
avoid a continuing and increasingly intense patriotic education
campaign.
Following the March unrest, authorities forced many monks to attend
weekly, sometimes daily, political education sessions. On April 3, the
Government ordered officials across the TAR to conduct patriotic
education programs at monastic institutions, workplaces, businesses,
and schools. In some areas these political education campaigns involved
forced denunciations of the Dalai Lama. Officials also forced monks to
remove portraits of the Dalai Lama from prayer halls and personal
residences, although enforcement varied significantly by region.
Restriction on religious expression was most intense at high-profile
monasteries, such as Labrang in Xiahe, Gansu Province, and Drepung and
Sera near Lhasa.
Security measures intensified in the TAR and other Tibetan areas
during the Dalai Lama's birthday, sensitive anniversaries, and festival
days. The prohibition on celebrating the Dalai Lama's birthday on July
6 continued.
The Government maintained and intensified its criticism of the
Dalai Lama after the events of March 14 and 15, blaming him for
instigating the widespread protests and rejecting claims that the
protests signaled systemic problems with its Tibet policy. According to
the domestic press, shortly after the events of March 14-15, Secretary
of the CCP TAR Committee Zhang Qingli told regional officials that the
Dalai Lama was ``a wolf in Buddhist monk's robes, an evil spirit with a
human face and the heart of a beast.'' An official white paper released
by the Government in September stated, ``the Dalai Lama and his clique
are the chief representatives of the backward feudal serfdom system and
culture of theocratic rule and religious despotism that used to
prevail.''
In May, July, and November Chinese government officials and
representatives of the Dalai Lama held three rounds of discussions with
no progress.
The Government continued to ban pictures of Gendun Choekyi Nyima,
the boy recognized by the Dalai Lama as the Panchen Lama. Photos of the
``official'' Panchen Lama, Gyaltsen Norbu, were not widely displayed
except at some high-profile monasteries and then only at the insistence
of government leaders. However, photos of the previous Panchen Lama,
his daughter, and the Karmapa (the leader of Tibetan Buddhism's Karma
Kagyu schools and one of the most influential religious figures in
Tibetan Buddhism who fled to India in 1999) were widely sold and
displayed.
The TAR had 1,750 registered religious venues. Government officials
closely associated Buddhist monasteries with pro-independence activism
in Tibetan areas.
The Government restricts ethnic Han Buddhists from living and
studying in monasteries in the TAR and other Tibetan areas. Monks
outside the TAR who want to study in the TAR are required to obtain
official permission from the religious affairs bureaus (RABs) of their
home province and the TAR or Tibetan area involved, and such permission
was not readily granted.
Although Tibetan monks were not allowed to conduct large-scale
religious teachings outside Tibetan areas, many monks continued to give
private teachings to audiences in non--Tibetan regions of China.
According to reports, ethnic Han Buddhists outside Tibetan areas were
sometimes discouraged from inviting Tibetan monks to give teachings.
Such visits required explicit permission from both the monk's local RAB
and the receiving province's RAB. Nevertheless, Tibetan monks sometimes
traveled in plain clothes outside the TAR to teach.
Monasteries in the TAR were not allowed to establish relationships
with other monasteries or hold joint religious activities.
The Government continued to fund restoration efforts of religious
and cultural sites as part of its program to develop tourism in Tibetan
areas. The Xinhua News Agency reported that on April 18 the Government
launched a RMB 570 million (approximately $83 million) program to
preserve 22 historical and cultural sites in the TAR, including 15
monasteries. The same report noted that, ``over the past two decades
China has invested more than RMB 700 million to preserve and maintain
more than 1,400 monasteries, cultural relics and religious sites.''
Nevertheless, many monasteries destroyed during the Cultural Revolution
were not rebuilt or repaired, and others remained only partially
repaired. Most recent restoration efforts were funded privately,
although a few religious sites also received government support for
reconstruction projects during the year.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
Freedom of Movement.--The law provides for the freedom to travel;
however, in practice the Government strictly regulated travel and
freedom of movement of Tibetans. Many Tibetans, particularly prominent
religious figures, scholars, and dissidents, as well as those from
rural areas, continued to report difficulties obtaining passports.
After March 14, freedom of movement in Tibetan areas was limited
severely within Lhasa, throughout the TAR, and in Qinghai, Gansu, and
Sichuan. The PAP and local Public Security Bureaus set up multiple
roadblocks and checkpoints on major roads, in cities, and on the
outskirts of monasteries. Following the March protests in Lhasa and
other Tibetan communities, authorities sent many monks from outside the
TAR back to their home monasteries even if they had resided in Lhasa
monasteries for several years. Several monks also reported encountering
severe difficulty traveling between monasteries following the March
unrest. Authorities barred foreign nationals from entering most Tibetan
areas. Movement in some areas opened up slightly at the end of the
summer, and in late June foreign nationals with permission were allowed
to travel to Lhasa again, although their movements within the city and
surrounding areas remained restricted.
Tibetans continued to encounter substantial difficulties and
obstacles in traveling to India for religious, educational, and other
purposes. The Government placed restrictions on the movement of
Tibetans during sensitive anniversaries and events and increased
controls over border areas at these times. There were reports of
arbitrary detention of persons, particularly monks and nuns, returning
from India and Nepal. Detentions generally lasted for several months,
although in most cases authorities did not bring formal charges against
prisoners.
The reinforcement of border controls during the year sharply
reduced the number of people crossing the border into Nepal and India.
The Tibet Reception Center in Dharamsala, India, received 627 visitors
during the year.
The Office of the UN High Commissioner for Refugees (UNHCR)
reported a drastic reduction in the number of Tibetans who arrived at
the Tibetan Reception Center in Nepal during the year. Arrivals
virtually ceased following the breakout of unrest in March and the
ensuing near closure of the China/Nepal border. At the end of the
summer, Tibetans began to trickle across the border, but by year's end
there were only 596 arrivals, compared to 2,156 in 2007. The few
arrivals who succeeded in entering Nepal reported an intimidating
police presence in the border areas. Monks and nuns also reported
greater difficulty traveling within Tibet.
The Dalai Lama, the Karmapa, and leaders of all other schools of
Tibetan Buddhism remained in exile.
The Government also regulated foreign travel to the TAR. In
accordance with a 1989 regulation, foreign visitors were required to
obtain an official confirmation letter issued by the Government before
entering the TAR. Most tourists obtained such letters by booking tours
through officially registered travel agencies. After the March 14
demonstrations, access to the area by foreign nationals was impossible
in practice. Authorities prohibited more than two dozen foreign
reporters from entering Tibetan areas, and authorities forced some
reporters to leave. According to Chinese press reports, the region
reopened to domestic tourists on April 24 and foreign tourists on June
25, although tourists and diplomats reported continued difficulty in
securing permission to travel. Foreign diplomats must obtain permission
from the TAR's Foreign Affairs Office for each visit to the TAR.
Official visits to the TAR were supervised closely and afforded
delegation members very few opportunities to meet local persons not
previously approved by the authorities. Foreigners could not travel
freely in most Tibetan areas outside the TAR after March 14. With the
exception of a few highly controlled trips, authorities repeatedly
denied requests for international observers to visit Tibetan areas to
assess the situation, including a request by then UN High Commissioner
for Human Rights Louise Arbour.
National Minorities.--Although TAR census figures show that
Tibetans made up 92 percent of the TAR's permanently registered
population, official figures did not include a large number of long-,
medium--, and short-term Han residents, such as cadres, skilled
workers, unskilled laborers, military and paramilitary troops, and
their dependents. Chinese social scientists estimated the number of
this floating population, including tourists and visitors on short-term
business trips, for Lhasa alone was more than 200,000 (nearly half the
population of Lhasa and more than 10 percent of the TAR's population)
during the May to November high season for tourism and migrant workers.
Some Tibet experts in China asserted that the catastrophic May 12
earthquake in Sichuan Province led to a temporary decrease in the TAR's
migrant population as many migrants returned to their hometowns in the
disaster area to assist relatives in rebuilding.
Migrants to the TAR overwhelmingly were concentrated in urban
areas, where government economic policies disproportionately benefited
Han Chinese. Small businesses, mostly restaurants and retail shops, run
by Han and Hui migrants predominated in cities throughout Tibetan
areas. Tibetans continued to make up nearly 98 percent of the rural
population, according to official census figures.
Family planning policies permitted Tibetans and members of other
minority groups to have more children than Han. Urban Tibetans,
including CCP members, and some ethnic Han living in Tibetan areas,
generally were limited to two children. Rural Tibetans were encouraged,
but not always required, to limit births to three children.
Since 2000 the Government implemented a resettlement campaign of
Tibetan nomads into urban areas across the TAR and other Tibetan areas.
Officials offered nomads monetary incentives to kill or sell their
livestock and move to newly created Tibetan communities. However,
reports existed of incidences of compulsory resettlement with promised
compensation that either failed to materialize or was inadequate.
In January 2007 TAR Party Secretary Zhang Qingli stated that the
restructuring of Tibetan farming and grazing communities was not only
to promote economic development but also to counteract the Dalai Lama's
influence. He also stated that to do so was essential for ``continuing
to carry out major development of west China.'' According to a December
27 report by the Xinhua News Agency, during the year 57,800 TAR nomad
and farming households were resettled into permanent housing. The
report states ``to date, 860,000 farmers and herders from 170,000
families have moved into the new houses.'' Improving housing conditions
and education for Tibet's poorest were among the goals of resettlement,
yet a requirement that villagers build houses according to strict
official specifications within two or three years often forced
resettled families into debt to cover construction costs.
Although a 2007 state media report noted that Tibetans and other
minority ethnic groups made up 60 percent of government employees in
the TAR, ethnic Han continued to hold the top CCP positions in nearly
all counties and prefectures, including that of TAR party secretary.
Tibetans holding government positions were prohibited from worshipping
at monasteries or practicing their religion.
The economic and social exclusion of Tibetans was a major reason
why such a varied cross section of Tibetans, including business
operators, workers, students, university graduates, farmers, and
nomads, participated in the protests. Some Tibetans reported that they
experienced discrimination in employment and claimed that Han Chinese
were hired preferentially for many jobs and received greater pay for
the same work. Some Tibetans reported that it was more difficult for
Tibetans than Han to obtain permits and loans to open businesses. The
use of the Mandarin language was widespread in urban areas, and many
businesses limited employment opportunities for Tibetans who did not
speak Mandarin.
The TAR tourism bureau continued its policy of refusing to hire
Tibetan tour guides educated in India or Nepal. Government officials
stated that all tour guides working in the TAR were required to seek
employment with the Tourism Bureau and pass a licensing exam on tourism
and political ideology. The Government's stated intent was to ensure
that all tour guides provided visitors with the Government's position
opposing Tibetan independence and the activities of the Dalai Lama.
Some ethnic Tibetan tour guides in the TAR complained of unfair
competition from government-sponsored ``Help Tibet'' tour guides
brought in from outside the TAR and put to work after receiving a crash
course on Tibet.
Women and Children.--There were no formal restrictions on women's
participation in the political system, and women held many lower-level
government positions. However, women were underrepresented at the
provincial and prefecture levels of government. According to an
official Web site, female cadres in the TAR accounted for more than 30
percent of the TAR's total cadres.
There was no information on the incidence of rape or domestic
violence.
Prostitution was a growing problem in Tibetan areas, and hundreds
of brothels operated semi-openly in Lhasa. International development
workers in the TAR reported there were no reliable data on the number
of persons engaged in the commercial sex trade in Lhasa and Shigatse,
the TAR's two largest cities, although some estimates placed the number
as high as 10,000. Some of the prostitution occurred at sites owned by
the CCP, the Government, and the military. Most prostitutes in the TAR
were ethnic Han women, predominantly from Sichuan Province. However,
some ethnic Tibetans, mainly young girls from rural or nomadic areas,
also engaged in prostitution. While the incidence of HIV/AIDS among
those in prostitution in Tibetan areas was unknown, the TAR Health
Bureau reported 56 cases of HIV/AIDS in the TAR between 1994 and 2007.
Lack of knowledge about HIV transmission and economic pressures on
women and girls in prostitution to engage in unprotected sex made them
particularly vulnerable.
The TAR is one of the few areas of China that does not have a
skewed sex ratio resulting from sex-selective abortion and inadequate
health care for female infants.
According to official policy, primary education was compulsory,
free, and universal. According to official TAR statistics, 96.5 percent
of children between the ages of six and 13 attended school, and 90
percent of the TAR's 520,000 primary school students completed lower
middle school, for a total of nine years of education. In 2003 the UN
Special Rapporteur on the Right to Education reported that official
Chinese education statistics did not accurately reflect attendance and
were not independently verified. Miscellaneous fees for the TAR's
131,000 middle school students were abolished in 2007.
Protection of Cultural Heritage.--Rapid economic growth, the
expanding tourism industry, the resettlement of nomads, and the
introduction of more modern cultural influences continued to disrupt
traditional living patterns and customs.
The 2002 revision of the 1987 ``Regulation on the Study, Use, and
Development of the Tibetan Language in the TAR'' formally lowered the
status of the Tibetan language from the primary working language to an
optional language in many official contexts.
The Dalai Lama and other observers expressed concern that
development projects and other central government policies
disproportionately benefited non--Tibetans and continued to promote a
considerable influx of Han, Hui, and other ethnic groups into the TAR.
The opening of the Qinghai--TAR railroad in 2006 increased migration of
non--Tibetans into the TAR. The Government reported the railroad
carried 1.5 million passengers in 2007, approximately half of whom were
non-tourists.
Residents lacked the right to play a role in protecting their
cultural heritage, including their environment. In 2007 the TAR
government revised the TAR Cultural Relics Protection Regulations,
asserting ownership over religious relics and monasteries. In recent
years the Government attempted to restore some temples and other
physical vestiges of Tibetan Buddhism and culture that were damaged or
destroyed before and during the Cultural Revolution.
Tibetan and Mandarin are official languages in the TAR, and both
languages appear on public and commercial signs. Mandarin was widely
spoken and was used for most official communications. The illiteracy
rate among Tibetans was more than five times higher (47.6 percent) than
the national average (9.1 percent), according to 2000 census data. In
many rural and nomadic areas, children received only one to three years
of Tibetan-language education before continuing their education in a
Mandarin-language school. According to official figures, the illiteracy
rate was 15 percent at the end of 2005. However, the illiteracy rate
for this group was much higher in some areas. According to a 2006
report by the Xinhua News Agency, a looser definition of literacy was
used for Tibetan speakers than for Mandarin speakers in rural Tibet.
Tibetan-speaking peasants and nomads were considered literate if they
could read and write the 30 letters of the Tibetan syllabary and read
and write simple notes. Mandarin-speaking nomads and herders were
considered literate if they could recognize 1,500 Chinese characters.
The Government established a comprehensive national Tibetan-
language curriculum, and many elementary schools in Tibetan areas used
Tibetan as the primary language of instruction. Tibetan students also
were required to study Chinese, and Chinese generally was used to teach
certain subjects, such as arithmetic and science. In middle and high
schools--even some officially designated as Tibetan schools--teachers
often used Tibetan only to teach classes in Tibetan language,
literature, and culture and taught all other classes in Chinese.
As a practical matter, proficiency in Mandarin was essential to
qualify for higher education. China's most prestigious universities
provided instruction only in Mandarin, while the lower-ranked
universities established to serve ethnic minority students only offered
Tibetan-language instruction in courses focused on the study of the
Tibetan language or culture. At the minority universities, Tibetans and
other ethnic minority students typically achieved high proficiency in
Mandarin, since much of the curriculum, such as computer and business
courses, was in Mandarin.
Leading universities generally required English language
proficiency for matriculation. Most graduates of Tibetan schools,
however, learned only Mandarin and Tibetan and were thus unable to
attend the better universities. This resulted in a shortage of Tibetans
trained in science and engineering and, consequently, a near total
reliance on imported technical specialists from outside the TAR to work
on development projects inside the TAR.
HONG KONG
Hong Kong, with a population of approximately seven million, is a
Special Administrative Region (SAR) of the People's Republic of China
(PRC). The 1984 Sino--British Joint Declaration on the Question of Hong
Kong and the SAR's constitution, the Basic Law of the SAR (the Basic
Law), specify that Hong Kong will enjoy a high degree of autonomy
except in matters of defense and foreign affairs. In September, in
generally free and fair elections, the Fourth Term Legislative Council
(LegCo) was elected from a combination of geographic and functional
constituencies. Civilian authorities generally maintained effective
control of the security forces.
The Government generally respected the human rights of its
citizens, although core issues remained. The terms of the Basic Law
limit the ability of citizens to participate in and change their
government. Claims of press self-censorship persisted. The legislature
was limited in its power to introduce or amend legislation and could
not approve executive appointments. Violence against women remained a
concern. Workers had a number of problems, including a minimum wage and
a guaranteed right to bargain collectively.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--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 Basic Law prohibits torture and other forms of abuse,
and the Government generally observed the prohibition in practice. In
the first half of the year, there were 189 allegations of assault by
police officers on persons in detention. As of June, 81 of the officers
had been investigated with results endorsed by the Independent Police
Complaints Council (IPCC); the rest were pending at year's end.
Investigations found one case to be unsubstantiated, five to be false,
and 10 to be not pursuable; the remaining 65 allegations were
withdrawn. Forty--two cases of assault by police officers on persons
not in custody were filed, with 26 pending investigation as of June.
Investigations into the remaining 16 were endorsed by the IPCC, with
four cases found not pursuable and 12 complaints withdrawn.
Police use of strip searches during detentions of protesters and
criminal suspects prompted public complaints and a formal LegCo query.
Media reported concerns about, and the legislature raised questions
regarding, police use of strip searches. An IPCC review of one case led
the Police Department's Complaints Against Police Office (CAPO) to rule
in July that repeated searches conducted each time an individual
entered and departed a holding facility were incorrect. In response the
police revised the guidelines for conducting both regular searches and
searches involving removal of some or all of the detained person's
garments.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the Government permitted
visits by independent human rights observers and the media; however,
there were no requests during the year. For the first six months of the
year, the average prison occupancy rate was 96 percent. Overcrowding
occurred in some prisons, particularly in maximum security prisons,
which operated at an average occupancy rate of 112 percent.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest or detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police, and the Government had
generally effective mechanisms to investigate and punish abuse and
corruption.
There were no reports of impunity involving the security forces
during the year. On July 12, LegCo passed a bill granting a statutory
basis to the existing IPCC, which is charged with overseeing the CAPO.
The IPCC has a number of authorities to monitor investigations
undertaken by CAPO, including the authority to raise questions
regarding investigations and to request investigative documents. IPCC
members and observers are also empowered to attend any interview
conducted by the police concerning a reportable complaint and observe
the collection of evidence by the police in the investigation of a
reportable complaint at any time and without prior appointment.
However, human rights activists and some legislators expressed concern
that all IPCC members are appointed by the chief executive and that the
IPCC's lack of power to conduct independent investigations limits its
oversight capacity. While the UN Committee Against Torture ``welcomed
the enactment of the Independent Police Complaints Council
Ordinance...and the new Guidelines on Searching of Detained Persons,''
it ``recommended that Hong Kong continue to take steps to establish a
fully independent mechanism mandated to receive and investigate
complaints on police misconduct.''
Arrest and Detention.--Suspects were apprehended openly with
warrants based on sufficient evidence and issued by a duly authorized
official. Suspects must be charged within 48 hours or released, and the
Government respected this right in practice. There is a functioning
bail system, and detainees are allowed prompt access to a lawyer and
family members. The law provides accused persons with the right to a
prompt judicial determination.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice. The judiciary, underpinned by the Basic Law's
provision that the common law tradition be maintained, provided
citizens with a fair and efficient judicial process. The courts may
interpret those provisions of the Basic Law that address matters within
the limits of the SAR's autonomy. The courts also interpret provisions
of the Basic Law that touch on mainland government responsibilities or
on the relationship between the central authorities and the SAR.
However, before making final judgments on these matters, which are not
subject to appeal, the courts must seek an interpretation of the
relevant provisions from the Standing Committee of the National
People's Congress (NPCSC). The Basic Law requires that courts follow
the NPCSC interpretation of Basic Law provisions, although judgments
previously rendered are not affected. As the final interpreter of the
Basic Law, the NPCSC also has the power to initiate interpretations of
the Basic Law.
The NPCSC's mechanism for interpretation is its Committee for the
Basic Law, composed of six mainland and six Hong Kong members. The
chief executive, the LegCo president, and the chief justice nominate
the Hong Kong members. Human rights and lawyers' organizations
expressed concern that this process, which can supersede the Court of
Final Appeal's power of final adjudication, could be used to limit the
independence of the judiciary or could degrade the court's authority.
Trial Procedures.--The law provides for the right to a fair public
trial, and an independent judiciary generally enforced this right in
practice. Trials are by jury except at the magistrate court level. An
attorney is provided at the public's expense if defendants cannot
afford counsel. Defendants can confront and question witnesses
testifying against them and present witnesses to testify on their
behalf. Defendants and their attorneys have access to government-held
evidence relevant to their cases. Defendants have the right of appeal.
Defendants enjoy a presumption of innocence except in official
corruption cases. Under the Prevention of Bribery Ordinance, a current
or former government official who maintains a standard of living above
that commensurate with his official income, or who controls monies or
property disproportionate to his official income, is guilty of an
offense unless he can satisfactorily explain the discrepancy. In
practice the courts upheld this ordinance. Court is conducted in either
Cantonese or English, the SAR's two official languages.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters and access to a court to
bring lawsuits seeking damages for, or the cessation of, human rights
violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
The Office of the Privacy Commissioner for Personal Data works to
prevent the misuse, disclosure, or matching of personal data without
the consent of the subject individual or the commissioner. Certain
exemptions allow authorities to transfer personal data to a PRC body
for safeguarding the security, defense, or international relations of
the SAR and for the prevention, detection, or prosecution of a crime.
The use of covert surveillance and the interception of
telecommunications and postal communications can be granted only to
prevent or detect ``serious crime'' or protect ``public security.'' A
2006 law established a two-tiered system for granting approval for
surveillance activities, under which surveillance of a more intrusive
nature requires the approval of a judge, and surveillance of a less
intrusive nature requires the approval of a senior law enforcement
official. Applications to intercept telecommunications must involve
crimes with a penalty of at least seven years' imprisonment, while
applications for covert surveillance must involve crimes with a penalty
of at least three years' imprisonment or a fine of at least HK$1
million (approximately $128,000).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice.
The Code of Ethics of the Hong Kong Journalists Association (HKJA)
states that ``a journalist shall not lend himself/herself to the
distortion or suppression of the truth because of advertising or other
considerations.'' However, reports of media self-censorship continued
during the year. Most media outlets were owned by businesses with
interests on the Mainland, which led to claims that they were
vulnerable to self-censorship. The Hong Kong University Public Opinion
Program reported that an average of 45.8 percent of polled respondents
believed that news media practiced self-censorship, down 3 percent from
2007. According to a 2007 Lingnan University survey, 29.5 percent of
respondents within the industry said they practiced self-censorship. In
its July annual report, the HKJA expressed concern that rising
nationalism could threaten press freedom. The HKJA report noted a
growing reluctance on the part of many media outlets to address
mainland issues that were sensitive to the Government in Beijing. These
included matters of national security, including dissident and
separatist activities, as well as human rights issues, corruption, and
allegations of illegal land transfers and sales.
Although Secretary for Security Ambrose Lee stressed that the right
of protest during the 2008 Olympics and the right of persons from
abroad to travel to Hong Kong to participate in those protests would be
honored, he faced criticism for stating that those seen as seeking to
disrupt the Olympics would be barred from entry to the SAR. In advance
of Olympic events and the Olympic torch relay, some critics of the PRC
were barred, including Western critics of PRC policy on Darfur.
On April 29, Zhang Yu, Secretary-General of the Independent Chinese
PEN Center, who was traveling to Hong Kong to chair a World Press
Freedom Day conference and participate in other human rights
activities, was denied permission to enter.
The publication or importation of print or other media is subject
to regulation by provisions to safeguard the interest of readers, as in
the case of obscene print materials and other media not regulated by
the Broadcasting Ordinance.
Controversy continued over the independence of government-owned and
-operated Radio Television Hong Kong (RTHK). In 2007 a government-
appointed review panel recommended that a new public service
broadcaster be established, but the panel did not comment on the future
of RTHK. Several media groups criticized the findings, noting that RTHK
was already widely accepted as an independent public broadcaster. Media
groups criticized the composition of the panel, none of whose members
were public broadcasting experts. The panel's findings were widely
interpreted as a threat to media freedom. At year's end, although a new
program director had been appointed, the Government had not decided the
fate of RTHK.
International media organizations operated freely. Foreign
reporters needed no special visas or government-issued press cards. The
independent media were active and expressed a wide variety of views
without restriction.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that government monitored e-mail or Internet
chat rooms. Commercial Internet service was widely available, including
a number of government-supplied wireless (WiFi) ``hot spots'' and
public and commercial venues in which WiFi or other access was provided
at no charge to visitors and customers. Individuals and groups could
engage in the peaceful expression of views via the Internet, including
by e-mail.
Academic Freedom and Cultural Events.--There were generally no
restrictions on academic freedom and cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice. The Government routinely issued the
required permits for public meetings and demonstrations.
Some activists alleged instances of police using any physical
contact between protesters and police as a basis to detain protesters
on charges of assaulting police. In July a magistrate dismissed the
case of an activist detained in 2007 on charges of interfering with and
assaulting police officers. Media reported that video footage taken by
a witness showed aggressive police behavior, while the activist himself
remained calm and did not initiate physical contact with police. The
activist further reported to media that officers assaulted him and
others detained at the scene and at the police station.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
Societal Abuses and Discrimination.--No major societal abuses or
acts of religious discrimination, including anti--Semitic acts against
the small Jewish community, were reported during the year.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides residents freedom of
movement, freedom of emigration, and freedom to enter and leave the
territory, and the Government generally respected these rights in
practice, with some prominent exceptions. Although the SAR is not party
to the 1951 Convention on Refugees, the Government cooperated with the
Office of the UN High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in providing temporary permission to enter
the SAR and assistance to internally displaced persons, refugees,
returning refugees, asylum seekers, stateless persons, and other
persons of concern.
Most residents easily obtained travel documents from the SAR
government; however, limits on travel to the Mainland were sometimes
imposed by the mainland government on outspoken political figures.
Government policy was to repatriate undocumented migrants who
arrive from the Mainland, and authorities were not able to consider
them for refugee status under the ``one country, two systems''
framework. During the first half of the year, 1,352 migrants were
repatriated to the Mainland. The Government does not recognize the
Taiwan passport as valid for visa endorsement purposes, although
convenient mechanisms exist for Taiwan passport holders to visit Hong
Kong.
The law does not provide for, and the Government did not use,
forced exile.
PRC authorities do not permit some Hong Kong human rights activists
and most prodemocracy legislators to visit the Mainland. An exception
to this general practice occurred following the Sichuan earthquake, as
LegCo President Rita Fan led a delegation including democratic
legislators normally barred from the Mainland to view quake sites and
reconstruction efforts.
Protection of Refugees.--The 1951 UN Convention relating to the
Status of Refugees and its 1967 protocol do not extend to Hong Kong,
and the SAR has no temporary protection policy. The director of
immigration has discretion to grant refugee status or asylum on an ad
hoc basis, but only in cases of exceptional humanitarian or
compassionate need. The Immigration Ordinance does not provide
foreigners the right to have asylum claims recognized. The Government's
practice was to refer refugee and asylum claimants to a lawyer or the
UNHCR. In November the UN Committee Against Torture expressed concern
that there was ``still no legal regime governing asylum and
establishing a fair and efficient refugee status determination
procedure.''
In 2006, due to budget cuts, the UNHCR stopped providing financial
support to individuals awaiting status assessment. In response the
Government began offering limited allowances to adult claimants through
its Social Welfare Department. As of November 30, approximately 2,879
persons were receiving assistance-in-kind, based on the needs assessed
by professional workers, under the Government support program. The
UNHCR worked with potential host country representatives to resettle
persons designated as refugees.
A July court of appeal decision found current policies regarding
detention of persons seeking relief from removal to be at odds with the
Bill of Rights Ordinance, because the grounds by which the director of
immigration made determinations that a person should be detained were
not sufficiently ``certain and accessible.''
The High Court ruled in favor of six applicants for relief from
removal under the Convention Against Torture; they had challenged the
SAR's process for handling their applications in a December 2007 case.
The High Court found the SAR's process flawed in that it made no
provision for applicants to have counsel present during completion of
their application questionnaires (including free counsel for those
unable to afford their own). The court also struck down the system of
having one officer conduct the interview portion of the application
while another officer made the decision to grant or deny relief without
firsthand contact with the applicant. The court further determined that
the appeal process must grant both the opportunity for an oral hearing
with officials making the determination and access by the applicant to
any external advice given to the Security Bureau or Immigration
Department in making a determination on the application.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The right of residents to change their government peacefully is
limited by the Basic Law, which provides for the selection of the chief
executive by an 800-person election committee (composed of individuals
who are directly elected, indirectly elected, and appointed). The Basic
Law provides for the direct election of 30 of the 60 LegCo members and
the inclusion of appointed members to the elected district councils.
The approval of the chief executive, two-thirds of the LegCo, and two
thirds of Hong Kong's delegates to the Mainland's National People's
Congress (NPC) is required to place an amendment of the Basic Law on
the agenda of the NPC, which has the sole power to amend the Basic Law.
Elections and Political Participation.--In March 2007 the Chief
Executive Election Committee selected incumbent Donald Tsang. In April
2007 Tsang was appointed as chief executive, and the mainland
government approved his new cabinet in June 2007.
On September 7, Hong Kong voters in six geographic constituencies
elected 30 legislators, half of the total LegCo, in elections that were
generally free and fair. A record number of candidates, both party
affiliated and independent, contested the elections. Concerns were
raised over the use of exit polling data by organizations with
political party affiliations to assist parties in directing their
supporters to support particular candidates. Use of polling is not
illegal if the data is not publicly released prior to the close of the
polls; however, the question was raised whether polling activities in
support of particular political parties should be recognized as an
official election expense subject to the monetary limits and reporting
requirements of the law.
The other 30 seats in the LegCo were elected by 28 functional
constituencies (FCs), which represent key economic and social sectors.
The 28 FCs represent only 230,000 voters, less than the electorate in a
single geographic constituency. Of this number of voters, 150,000 are
represented by the three largest FCs, while the four smallest have less
than 200 voters. FCs set their own voting rules, with some allowing
heads of corporations to vote on behalf of their companies. Persons
with interests in more than one sector represented by an FC may thus be
able to cast three or more votes (one in their geographic constituency
and one in each FC for which they meet eligibility requirements).
Fourteen FC seats were returned uncontested, which spurred critics to
renew calls that the FCs be abolished in the process of establishing a
LegCo elected by universal suffrage.
As of October 31, the Independent Commission Against Corruption
(ICAC) had received 108 complaints related to the LegCo elections on
September 7. Of these, approximately 60 percent concerned corrupt
conduct and 30 percent to illegal conduct.
The Basic Law substantially limits the ability of the legislature
to influence policy by requiring separate majorities among members
elected from geographical and functional constituencies to pass a bill
introduced by an individual member. Another Basic Law provision
prohibits the LegCo from putting forward bills that affect public
expenditure, political structure, or government policy. Bills that
affect government policy cannot be introduced without the chief
executive's written consent. The Government has adopted a very broad
definition of ``government policy'' to block private member bills, and
the president of LegCo has upheld the Government's position.
District councils are responsible for advising the Government on
matters affecting the well-being of district residents, the provision
and use of public facilities, and the use of public funds allocated for
local public works and community activities. The District Council
Ordinance gives the chief executive authority to appoint 102 of 529 of
the district councilors, and he exercised this power in practice.
Hong Kong sends 36 delegates to the NPC. Four pandemocratic
candidates were among the 50 candidates for the NPC, but none was
selected by the NPC electoral committee for the 36-member Hong Kong
delegation.
Women were elected to seven of the 30 directly elected LegCo seats
and four of the 30 functional constituency seats. Women made up between
17 and 23 percent of the membership in the major political parties.
Four political parties or movements represented in the LegCo were
headed by women, and several women were party vice chairs. More than
one-third of civil servants were women, and four of the 22 most senior
government officials were women.
There is no legal restriction against non--Chinese standing for
electoral office or participating in the civil service, although some
positions require that the office holder have legal right of abode only
in Hong Kong. There were no ethnic minorities in the LegCo, but there
were a number of ethnic minorities in senior civil service positions.
Government Corruption and Transparency.--There were isolated
reports of government corruption, and the Government sought to combat
official corruption through the Prevention of Bribery Ordinance and the
ICAC.
By the end of September, the ICAC had received 2,549 reports of
corruption (a 5 percent decrease over the same period in 2007), of
which 743 were related to the Government (an increase of 2 percent from
2007). The ICAC completed 285 prosecutions involving 246 individuals
(an increase of 6 percent over 2007).
The SAR requires government officials to declare their financial
investments--annually for the 27 most senior civil service positions
and biennially for approximately 3,100 senior working-level officials.
Policy bureaus may also impose additional reporting requirements for
positions seen as having a greater risk of conflict of interest.
The law provides for access to government information with
exceptions that are narrowly defined and could be appealed; in practice
such information was provided to both citizens and noncitizens.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views. Prominent
human rights activists critical of the mainland government also
operated freely and maintained permanent resident status in Hong Kong.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law provides that all residents are equal, and the Government
enforced these rights in practice.
Women.--Violence against women continued to be a problem, although
the Government took measures against it. The Statute Law (Miscellaneous
Provisions) Bill criminalizes marital rape, and the Crimes Ordinance
expressly states that ``unlawful sexual intercourse'' could be applied
both outside and inside the bounds of marriage. From January to June,
47 rape cases and 683 indecent assault cases were reported to the
police.
The Government regarded domestic violence against women a serious
concern and took effective measures to prevent and prosecute offenses.
Between January and June, there were 3,103 cases of spousal battery and
408 cases of child abuse reported to the Social Welfare Department,
which receives reports from the police, social workers, the Health
Department, and volunteer organizations. The Domestic Violence
Ordinance allows victims to seek a three-month injunction, extendable
to six months, against an abuser. The ordinance does not criminalize
domestic violence directly, although abusers may be liable for criminal
charges under other ordinances, including the Crime Ordinance and the
Offences Against the Person Ordinance. The Government enforced the law
and prosecuted violators, but sentences typically consisted only of
injunctions or restraining orders.
On August 1, Hong Kong's Domestic Violence (Amendment) Ordinance
took effect. It expands the scope of previous law to cover molestation
between married couples and heterosexual cohabitants, former spouses or
cohabitants, and immediate and extended family members. The revised law
provides better protection for victims under age 18, allowing them to
apply for an injunction in their own right, with the assistance of an
adult guardian, against molestation by their parents, siblings, and
specified immediate and extended family members. The new law also
empowers the court to require the abuser to attend an antiviolence
program. In cases where the abuser caused bodily harm, the court may
attach an authorization of arrest to an existing injunction, and both
injunctions and authorizations for arrest can be extended to two years
under the new law.
The Government maintained programs that provide intervention and
counseling to batterers. There were eight Integrated Family Service
Centres and Family and Child Protective Services Units, which offered
services to domestic violence victims and batterers. The Government
also continued its publicity campaign to strengthen families and combat
violence and increased public education on the prevention of domestic
violence.
Prostitution is legal, but there are laws against activities such
as public solicitation, causing or procuring another to be a
prostitute, living on the prostitution of others, or keeping a vice
establishment.
The Sex Discrimination Ordinance prohibits sexual harassment of
women seeking employment or already working in an organization. As of
July 31, 51 complaints of sexual harassment had been reported to the
Equal Opportunity Commission (EOC).
The law prohibits discrimination based on gender. According to the
results of the General Household Survey conducted by the Census and
Statistics Department, there were 1,659 men for every 1,000 women
employed as professionals in the July--September period. Approximately
22 percent of judicial officers and judges were women.
While the law treats men and women equally in terms of property
rights in divorce settlements and inheritance matters, in practice
women faced discrimination in employment, salary, welfare, inheritance,
and promotion. Women reportedly formed the majority of the working poor
and those who fall outside the protection of labor laws.
The Government established a Women's Commission as an advisory body
for policy making, while the EOC oversaw enforcement of the Sex
Discrimination Ordinance. A number of nongovernmental organizations
(NGOs) were also active in raising problems of societal attitudes and
discrimination against women.
Children.--The Government supported children's rights and welfare
through well-funded systems of public education, medical care, and
protective services.
From January to June, there were 427 child abuse cases reported to
the Social Welfare Department: 238 involved physical abuse (referring
to victims younger than 14 years of age), and 125 involved sexual abuse
(referring to victims younger than 17 years of age). The Domestic
Violence Ordinance mandates substantial legal penalties for acts of
child abuse such as battery, assault, neglect, abandonment, sexual
exploitation, and child sex tourism, and the Government enforced the
law.
The Government provided parent education programs, including
instruction on child abuse prevention, in all 50 of the Department of
Health's maternal and child health centers. It also provided public
education programs to raise awareness of child abuse and alert children
about how to protect themselves. The Social Welfare Department provided
child psychologists for its clinical psychology units and social
workers for its family and child protective services units. The police
maintained a child abuse investigation unit and a child witness support
program. A law on child care centers helped prevent unsuitable persons
from providing child care services.
Social service providers and the media tracked a rise in the
incidence of ``compensated dating'' among minor girls. The majority of
cases appeared to involve teenage girls, both above and below the age
of consent, who advertised escort services that might include sex,
either to support themselves or for extra pocket money. However, in
September police raided the operations of a syndicate employing both
minors and women of legal age involved essentially in prostitution
services. Some women involved in the trade reported being beaten or
abused by clients. In response to this trend, police began monitoring
Internet chat rooms and Web sites used by both individuals and
syndicates to advertise services, with officers assigned to gather
evidence against the operations and determine the techniques used by
syndicates to recruit the girls.
Trafficking in Persons.--There is no consolidated antitrafficking
law; however, various laws and ordinances allow law enforcement
authorities to take action against traffickers. Despite robust efforts
by the SAR government to stop such activities, Hong Kong was a point of
transit and destination for a small number of persons trafficked for
sexual exploitation from the Mainland and Southeast Asia. The SAR
government stated that it was difficult to identify trafficking victims
from among the larger group of illegal immigrants.
Nearly all trafficking victims initially came to Hong Kong
willingly to engage in prostitution. Most came from rural areas of the
Mainland, Thailand, or the Philippines on 14-day tourist visas,
although a very small number entered using forged documents. The
overwhelming majority were women, although an increasing number of
young men came to work as homosexual prostitutes. While many came on
their own, some were lured by criminal syndicates and promises of
financial rewards but faced circumstances of debt bondage. Syndicates
sometimes held passports and travel documents until debts were paid.
Provisions in the Immigration Ordinance, the Crimes Ordinance, the
Employment Ordinance, and other relevant laws enable law enforcement
authorities to take action against trafficking in persons. The Security
Bureau, which also combats migrant trafficking and oversees the police,
customs, and immigration departments, enforces antitrafficking laws.
The courts can impose heavy fines and prison sentences of up to 14
years for activities such as arranging passage of unauthorized
entrants, arranging entrance or exit of a person for the purpose of
prostitution, and aiding and abetting any person to use forged, false,
or unlawfully obtained travel documents. Law enforcement officials
received special training on handling and protecting victims and
vulnerable witnesses, including victims of trafficking.
There were no reports that government officials participated in,
facilitated, or condoned trafficking, and no officials were prosecuted,
convicted, or sentenced to time in prison or were removed from their
duties for trafficking during the year.
The Government provided legal aid to those taking legal action
against an employer and immunity from prosecution for those assisting
in the investigation and prosecution of traffickers. The Social Welfare
Department and local NGOs provided an array of social services to
victims of trafficking. The Government also tried to prevent
trafficking by distributing pamphlets and other public messaging
campaigns, in a wide range of languages, on workers' rights.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
access to health care, or the provision of other state services, and
the Government effectively enforced these provisions. In the first
seven months, the Labour Department's Selective Placement Division
found jobs for 1,512 job seekers with disabilities out of 2,091 on the
register. As of March the Government employed 3,225 civil servants with
disabilities, out of a total workforce estimated at 155,000.
Nevertheless, instances of discrimination against persons with
disabilities persisted in employment, education, and the provision of
some public services. The Disability Discrimination Ordinance calls for
improved building access and sanctions against those who discriminate.
Despite inspections and the occasional closure of noncompliant
businesses under the Buildings Ordinance, access to public buildings
(including public schools) and transportation remained a serious
problem for persons with disabilities.
The EOC sponsored a variety of activities to address discrimination
against persons with disabilities, including offering youth education
programs, distributing guidelines and resources for employers, carrying
out media campaigns, and cosponsoring seminars and research.
National/Racial/Ethnic Minorities.--Although 95 percent ethnic
Chinese, Hong Kong is a multiethnic society with persons from a number
of ethnic groups recognized as citizens or legal permanent residents of
the SAR. Discrimination based on race is prohibited by law, and the EOC
oversees implementation and enforcement of the Race Discrimination
Ordinance passed during the year. The Race Relations Unit, which is
subordinate to the Constitutional and Mainland Affairs Bureau, served
as secretariat to the Committee on the Promotion of Racial Harmony and
implemented the committee's programs. The unit also maintained a
hotline for enquiries and complaints concerning racial discrimination.
Opponents of the new Race Discrimination Ordinance believed that it
lacked the clear statements of applicability to government agencies
found in the Sex Discrimination Ordinance and similar legislation. The
Government argued in turn that the law, if broadened in some areas,
could affect the Government's ability to function, including in areas
meant to correct societal inequities, and might open the Government up
to litigation. The Government further argued that, in areas not covered
by the Race Discrimination Ordinance, the Hong Kong Bill of Rights
Ordinance provided sufficient guarantees.
While English and Cantonese are the two official languages, persons
not fluent and literate in Cantonese faced tremendous challenges in
seeking employment and in choice of education. The Constitutional and
Mainland Affairs Bureau sponsored a ``Cross--Cultural Learning
Programme for Non--Chinese Speaking Youth'' through grants to NGO
service providers.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination based on sexual orientation. Human
rights activists expressed concern that while the new Domestic Violence
(Amendment) Ordinance covers unmarried heterosexual partnerships, it
does not extend the same protection to homosexual partnerships.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right of
association and the right of workers to establish and join
organizations of their own choosing. Trade unions must register under
the Trade Unions Ordinance and must have a minimum membership of seven
persons for registration. At the end of June, there were 782 registered
trade unions, comprising 739 employee unions, 19 employers'
associations, and 24 mixed organizations of employees and employers. In
the first half of the year, 13 new unions were registered and six
unions were deregistered upon request.
According to a 2008 International Trade Union Confederation (ITUC)
survey, almost 25 percent of Hong Kong's labor force was unionized.
The 1997 Employment and Labor Relations (Miscellaneous Amendments)
Ordinance bans the use of union funds for political purposes, requires
the chief executive's approval before unions can contribute funds to
any trade union outside of the SAR, and restricts the appointment of
persons from outside the enterprise or sector to union executive
committees.
Work stoppages and strikes are legal. There are some restrictions
on this right for civil servants. Although there is no legislative
prohibition of strikes, in practice most workers had to sign employment
contracts that typically stated that walking off the job is a breach of
contract, which could lead to summary dismissal. In addition there is
no legal entitlement to reinstatement in the case of unfair dismissal.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize, and this right was implemented in
practice; however, it does not guarantee the right to collective
bargaining. The 1997 Employment and Labor Relations (Miscellaneous
Amendments) Ordinance does not provide a legal framework for trade
unions to engage employers in collective bargaining. In all but a few
specific trades, unions were not powerful enough to force management to
engage in collective bargaining. The Government did not engage in
collective bargaining with civil servants' unions. According to the
ITUC report, only 1 percent of the workforce was covered by collective
agreements, and these were not legally binding.
The Workplace Consultation Promotion Unit in the Labour Department
facilitated communication, consultation, and voluntary negotiation
between employers and employees. Tripartite committees for each of the
nine sectors of the economy included representatives from some trade
unions, employers, and the Labour Department.
There is no provision guaranteeing reinstatement of workers
dismissed because of their trade union membership.
There are no export processing zones in the SAR.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and there were no reports that such
practices occurred. Although the law does not specifically prohibit
forced or compulsory labor by children, there were no reports that such
practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Employment of Children Regulations prohibits employment of children
under the age of 15 in any industrial establishment. Children 13 and 14
years of age may work in certain nonindustrial establishments, subject
to conditions aimed at ensuring a minimum of nine years of education
and protection of their safety, health, and welfare. The Labour
Department conducted regular workplace inspections to enforce
compliance with the regulations. During the first half of the year, the
Labour Department conducted 74,451 inspections and discovered five
suspected violations of the Employment of Children Regulations. The
regulations limit work hours in the manufacturing sector for persons 15
to 17 years of age to eight hours per day and 48 hours per week between
7 a.m. and 7 p.m. They also prohibit overtime in industrial
establishments with employment in dangerous trades for persons less
than 18 years of age.
e. Acceptable Conditions of Work.--There is no statutory minimum
wage except for domestic workers of foreign origin. Aside from a small
number of trades where a uniform wage structure exists, wage levels
customarily are fixed by individual agreement between employer and
employee and are determined by supply and demand. Some employers
provided workers with various kinds of allowances, medical treatment,
and subsidized transport. The average wage provided a decent standard
of living for a worker and family. Two-income households were the norm.
There are no regulations concerning working hours, paid weekly rest,
rest breaks, or compulsory overtime. Workweeks of up to 60 hours and
more were not uncommon.
The Occupational Safety and Health Branch of the Labour Department
is responsible for safety and health promotion, enforcement of safety
management legislation, and policy formulation and implementation. The
Factories and Industrial Undertakings Ordinance, the Occupational
Safety and Health Ordinance, the Boilers and Pressure Vessels
Ordinance, and their 35 sets of subsidiary regulations regulate safety
and health conditions. During the first half of the year, the Labour
Department's Occupational Safety and Health Branch conducted 58,872
workplace inspections. There were 889 convicted summonses, resulting in
fines totaling HK$6,596,450 (more than $850,000). Although worker
safety and health continued to improve, serious problems remained,
particularly in the construction industry. In the first quarter of the
year, the Labour Department reported 9,438 occupational injuries,
including 3,359 classified as industrial accidents. In the same period,
there were eight fatal industrial accidents. Employers are required
under the Employee's Compensation Ordinance to report any injuries
sustained by their employees in work-related accidents. There is no
specific legal provision allowing workers to remove themselves from
dangerous work situations without jeopardy to continued employment.
The minimum wage for foreign domestic workers was HK$3,580 per
month (approximately $460). The standard workweek was 48 hours, but
many domestic workers worked much longer hours. The standard contract
law requires employers to provide foreign domestic workers with
housing, worker's compensation insurance, travel allowances, and food
or a food allowance in addition to the minimum wage, which together
provide a decent standard of living. Foreign domestic workers can be
deported if dismissed. Labor groups reported that the 200,000 foreign
domestic workers were still vulnerable to extensive rights and contract
violations. During the first six months of the year, four employers
were convicted for labor law maltreatment violations under the
Employment Ordinance relating to the employment of foreign domestic
workers. During the first seven months of the year, 101 foreign
domestic workers filed criminal suits, 47 of which were against
employers, for other types of maltreatment, including rape, indecent
assault, and injuring and serious assault.
MACAU
Macau, with a population of approximately 543,000, is a Special
Administrative Region (SAR) of the People's Republic of China (PRC) and
enjoys a high degree of autonomy, except in defense and foreign
affairs, under the SAR's constitution the Basic Law. In the most recent
election for SAR leadership, held in 2004, Chief Executive Edmund Ho
was reelected to a second five-year term. In 2005, in elections
considered generally free and fair, voters elected 12 of the
legislature's 29 members in direct elections based on geographical
constituencies. Civilian authorities generally maintained effective
control of the security forces.
The Government generally respected the human rights of its
citizens; however, some problems remained, most notably limits on
citizens' ability to change their government, trafficking in persons,
and reports of official corruption.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the Government
generally respected these rights. In the first half of the year, there
were six reports of police brutality, none involving serious acts of
abuse.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards.
Although the Government permitted visits by independent human
rights observers, there were no requests during the year.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the Public Security Police (general
law enforcement) and Judiciary Police (criminal investigations), and
the Government has effective mechanisms to investigate and punish abuse
and corruption. There were no reports of impunity involving the
security forces during the year.
Arrest and Detention.--Persons were apprehended openly with
warrants based on sufficient evidence and issued by a duly authorized
official. Detainees were allowed access to a lawyer of their choice or,
if indigent, to one provided by the SAR government. Detainees also were
allowed prompt access to family members. Police must present persons
remanded in custody to an examining judge within 48 hours of detention.
The examining judge, who conducts a pretrial inquiry in criminal cases,
has a wide range of powers to collect evidence, order or dismiss
indictments, and determine whether to release detained persons. The law
provides that cases must come to trial within six months of an
indictment. The criminal procedure code mandates that pretrial
detention is limited to between six months to three years, depending on
the criminal charges and progress of the judicial system. Judges often
refused bail in cases where sentences could exceed three years.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Both Portuguese and Chinese (Cantonese) are official languages. The
need to translate laws and judgments from Chinese into Portuguese and a
shortage of local bilingual lawyers and magistrates hampered the
development of the legal system. There also was a severe shortage of
judges.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. The courts
may rule on matters that are ``the responsibility of the Central
People's Government or concern the relationship between the central
authorities and the SAR.'' However, before making their final judgment,
which is not subject to appeal, the courts must seek an interpretation
of relevant provisions from the National People's Congress (NPC)
Standing Committee. When the Standing Committee makes an interpretation
of the provisions concerned, the courts, in applying those provisions,
``shall follow the interpretation of the Standing Committee.'' The
Standing Committee must consult the NPC's Committee for the Basic Law
of the SAR before giving an interpretation of the law. This committee
is composed of 10 members--five from the SAR and five from the
mainland. The chief executive, the president of the SAR Legislative
Assembly, and the president of the Court of Final Appeal nominate the
SAR members.
Defendants enjoy a presumption of innocence and have access to
government-held evidence relevant to their cases and a right to appeal.
Defendants have the right to be present at their trials and to confront
witnesses. They also have the right to consult with an attorney in a
timely manner; public attorneys are provided for those who are
financially incapable of engaging lawyers or paying expenses of
proceedings. Trials are public and are by jury except at the
magistrate-court level. The law extends these rights to all citizens.
The judiciary provides citizens with a fair and efficient judicial
process; however, due to an overloaded court system, a period of up to
a year often passed between filing a civil case and its scheduled
hearing.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures.--There is an independent and impartial
judiciary for civil matters, and citizens have access to a court to
bring lawsuits seeking damages for, or cessation of, a human rights
violation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice.
The independent media were active and expressed a wide variety of
views without restriction, and international media operated freely.
Major newspapers were heavily subsidized by the Government and tended
to follow closely the PRC central government line on sensitive
political issues, such as Taiwan; however, they reported freely on the
SAR government, including reports critical of the Government.
In April Andrew To, a member of the Wong Tai Sin District Council
and vice chairman of League of Social Democrats in Hong Kong, was
refused entry into the SAR. To declared that authorities cited internal
security laws for the denial of his entry.
On April 28, members of the Hong Kong political party League of
Social Democrats members Chan Cheong and Michael Mak were denied entry
to the SAR ahead of the Olympic torch relay in Hong Kong and Macau. Mak
stated that authorities cited internal security laws for their refusal
to allow them to enter.
On June 12, authorities declined the entry of Hong Kong university
student Christina Chan, who waved the Tibetan Snow Lion Flag during the
Olympic torch relay in Hong Kong. A spokesman for the Government
Information Bureau declared that authorities declined her entry in
accordance with the security law that allows the authorities to refuse
the entry of a person who poses a threat to stability or internal
security.
In November Hong Kong democratic legislators, including members of
the League of Social Democrats, were able to participate in seminars
and public protests regarding Article 23 of the Basic Law, otherwise
known as the ``The Defense of National Security Act,'' which prohibits
acts such as treason, secession, sedition, and subversion against the
PRC government and theft of state secrets. One legislator was held by
immigration for 10 minutes on arrival but was admitted. However, in
December a group of 24 Hong Kong activists, including nine legislators,
was denied admission to attend Article 23-related activities.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Internet access was widely available; studies showed that approximately
64 percent of the population had regular access to the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
There were no reports that Falun Gong practitioners were denied
entry into the SAR.
Societal Abuses and Discrimination.--Societal relations among
various religious groups were generally amicable. The size of the
Jewish population remained extremely small, and there were no reports
of anti--Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected them in practice.
Persons denied entry into the SAR have the right to contact their
consulate or other representative of their country, to have assistance
with language interpretation, and to consult a lawyer. The Immigration
Department cooperated with the UN High Commissioner for Refugees in
handling refugees.
The law prohibits forced exile, and the Government generally
respected the law in practice.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. During the year there were two
applications (covering five persons) for refugee status, both of which
were pending at year's end.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law limits citizens' ability to change their government. The
Government was led by a chief executive, chosen by a 300-member
election committee, which in turn was chosen by a 100-member
preparatory committee, composed of 60 SAR and 40 mainland
representatives appointed by the NPC. Voters directly elected 12 of the
29 members of the Legislative Assembly, and local community interest
groups indirectly elected 10 members. The remaining seven members were
selected by the chief executive.
Elections and Political Participation.--In 2004 Chief Executive
Edmund Ho was reelected to a second five-year term. In 2005 the SAR
held elections for the Legislative Assembly, with 58 percent of
registered voters participating. The elections of directly elected
seats were considered generally free and fair.
There are limits on the types of legislation that legislators may
introduce. The law stipulates that legislators may not initiate
legislation related to public expenditure, the SAR's political
structure, or the operation of the Government. Proposed legislation
related to government policies must receive the chief executive's
written approval before it is submitted.
A 10-member Executive Council functions as an unofficial cabinet,
approving draft legislation before it is presented in the Legislative
Assembly. The Basic Law stipulates that the chief executive appoints
members of the SAR Executive Council from among the principal officials
of the executive authorities, members of the legislature, and public
figures.
There are no registered political parties; politically active
groups register as societies or companies. These groups are active in
promoting their political agendas, and those critical of the Government
do not face restrictions. Such groups participated in protests over
government policies or proposed legislation without restriction.
There were six women in the Legislative Assembly, including the
president. Women also held a number of senior positions throughout the
Government, including the secretary for justice and administration, the
second-highest official in the SAR government. Eleven of the SAR's 29
judges were women. There were three members of ethnic minorities in the
Legislative Assembly. One member of the Executive Council was also from
an ethnic minority, as was the police commissioner.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, officials sometimes engaged
in corruption.
The Commission Against Corruption (CCAC) investigates the public
sector and has the power to arrest and detain suspects. The most recent
figures showed that in 2007 the CCAC received 736 complaints against
public officials in a variety of agencies. The CCAC pursued 369 of
these complaints, 500 of which were criminal cases and 236 were
administrative cases. The CCAC transferred 11 cases to the Public
Prosecutions Office. The Ombudsman Bureau, within the CCAC, reviews
complaints of maladministration or abuse by the CCAC, but there were no
reports of such complaints in 2007. There also is an independent
committee outside CCAC called the Monitoring Committee on Discipline of
the CCAC Personnel, which accepts and reviews complaints on CCAC
personnel.
In January the Court of Final Appeal convicted former public works
secretary Ao Man Long on 57 counts of taking bribes, money laundering,
abuse of power, and other charges and sentenced him to 27 years'
imprisonment.
By law the chief executive, his cabinet, judges, members of the
Legislative Assembly and the Executive Council, and executive agency
directors are required to disclose their financial interests.
The law does not provide for public access to government
information. However, the executive branch published online, in both
Portuguese and Chinese, an extensive amount of information on laws,
regulations, ordinances, government policies and procedures, and
biographies of government officials. The Government also issued a daily
press release on topics of public concern. The information provided by
the legislature was less extensive. For example, it did not publish a
legislative agenda or a list of pending bills.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international groups monitoring human
rights generally operated without government restriction, investigating
and publishing their findings on human rights cases. Government
officials often were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law stipulates that residents shall be free from
discrimination, and the Government effectively enforced the law. In
addition, many local laws carry specific prohibitions against
discrimination, although there is no specific law for combating
discrimination.
Women.--The law criminalizes rape, including spousal rape, and the
Government effectively enforced the law. In the first half of the year,
there were six reported rapes. Rape was not a pervasive problem, and
the police and courts promptly acted on rape cases.
The Government effectively enforced criminal statutes prohibiting
domestic violence against women and prosecuted violators; however,
various nongovernmental organizations (NGOs) and government officials
considered domestic violence against women to be a growing problem. In
the first half of the year, 35 cases of domestic violence, including 15
cases of spousal abuse, were reported to the police.
Domestic violence is punishable by one to 15 years in prison. In
the case of both spousal abuse and violence against minors, the penalty
is two to eight years' imprisonment; if the abuse leads to the death of
the victim, the penalty is five to 15 years. There was no data on
reported cases of spousal abuse and violence against minors.
The Government provided hospital treatment for victims of abuse,
and medical social workers counseled victims and informed them of
social welfare services. The Government may provide victims of domestic
violence with public housing until their complaints are resolved, but
it did not reserve facilities expressly for this purpose.
Private and religious groups sponsored programs for victims of
domestic violence, and the Government supported and helped to fund
these organizations and programs. The Bureau for Family Action, a
government organization subordinate to the Department of Family and
Community of the Social Welfare Institute, helped female victims of
domestic violence by providing a safe place for them and their children
and furnishing advice regarding legal actions against perpetrators. A
family counseling service was available to persons who requested such
services at social centers. Two government-supported religious programs
also offered rehabilitation programs for female victims of violence.
Prostitution is legal and common; however, procurement and the
operation of a brothel are illegal. Nevertheless, the SAR had a large
sex trade, including brothels, most of which were believed to be
controlled by Chinese organized crime groups, and many of those
exploited by the trade were women.
There is no law specifically addressing sexual harassment, although
harassment in general is prohibited and was not widespread. Between
January 2007 and August 2008, the Labor Affairs Bureau received one
sexual harassment complaint, which on investigation was found to be
unsubstantiated.
Equal opportunity legislation mandates that women receive equal pay
for equal work; however, observers estimated that there was a
significant difference in salary between men and women, particularly in
unskilled jobs. The law allows for civil suits, but few women took
their cases to the Labor Affairs Bureau or other entities.
Discrimination in hiring practices based on gender or physical ability
is prohibited by law, and penalties exist for employers who violate
these guidelines. There were no reports on alleging sexual
discrimination during the first half of the year.
Children.--The Government protected the rights and welfare of
children through the general framework of civil and political rights
legislation that protects all citizens.
Education is compulsory and free for most children between ages
five and 15 through general secondary education. However, the children
of illegal immigrants were excluded from the educational system.
Experts believed this exclusion affected only a few children.
The law specifically provides for criminal punishment for sexual
abuse of children and students, statutory rape, and procurement
involving minors.
Trafficking in Persons.--The SAR is a transit and destination point
for women trafficked for the purposes of sexual servitude. While the
majority of mainland or foreign women who entered the SAR to become
prostitutes were believed to have done so voluntarily, there was
evidence that some had been deceived or coerced into participating in
the commercial sex trade. Some foreign victims were misinformed about
their destination and diverted to the SAR, where they were trafficked
into prostitution.
On June 12, the Legislative Assembly unanimously passed a
comprehensive antihuman trafficking law that broadens the definition of
trafficking crimes, increases punishments for convicted traffickers,
and expands protections for victims. The new law took effect on June
24. The law criminalizes all forms of human trafficking into, from, or
through the SAR and provides for imprisonment of three to 12 years for
sex and labor trafficking, as well as trafficking organs or tissue, and
five to 15 years' imprisonment for trafficking minors (under age 18).
Penalties increase by one-third for trafficking victims under 14 years
old. Retaining, hiding, spoiling, or destroying the identification or
travel documents of a trafficking victim also incurs a penalty of one
to five years' imprisonment, if no harsher punishment is available in
other laws.
Although prostitution is legal, a ``procurement'' law makes it a
crime to instigate, favor, or facilitate the practice of prostitution
by another person for the purposes of profit or as a way of life,
although the penalties for this lighter crime are less severe and the
``procurement'' crime does not recognize a victim.
Between January and August there were seven reported cases of human
trafficking. On July 20, the Judiciary Police reportedly arrested two
women from the PRC and referred the case--the first under the new law-
to the Public Prosecutions Office. The two victims reported being
offered work in a casino by the Shenzhen-based employer, only to be
coerced into working as prostitutes in Cotai District. The victims were
reportedly beaten and told they would have to pay 50,000 patacas
(approximately $6,250) for their freedom. The victims escaped and
sought help from the police on July 18. Both offenders were illegally
in the SAR, and because one victim was a minor, the alleged offenders
faced the maximum penalty of 20 years' imprisonment. In accordance with
the new law, authorities reportedly offered the victims protection and
welfare, including psychological assistance. On August 6, a local
newspaper reported separately that one of the traffickers was
implicated in two additional reports of sex trafficking, both involving
adult victims, and at year's end police were investigating the reported
crimes.
Authorities believed that Chinese, Russian, and Thai criminal
syndicates were involved in trafficking women to the SAR for
prostitution, after which victims were passed on to local crime
syndicates. There were no confirmed reports of official involvement in
human trafficking. Victims were primarily from mainland China,
Mongolia, Russia, Eastern Europe, Vietnam, and Thailand.
As required by the new law, the SAR established a dedicated
government assistance program, including shelter, social welfare, and
healthcare assistance for victims of trafficking. The Government also
published leaflets to educate citizens on human trafficking, associated
penalties, and the Government's protection measures for victims. The
leaflets, printed in Chinese, Portuguese, and English, were available
at border and transit points, police and other government offices,
healthcare and social welfare facilities, and educational institutions.
No NGOs focused specifically on trafficking-related problems;
however, there were charity organizations that provided assistance and
shelter to women and children who were victims of trafficking.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
access to health care, or the provision of other state services, and
the Government generally enforced these provisions in practice. The law
mandates access to buildings for persons with disabilities. The Social
Welfare Institute was primarily responsible for coordinating and
funding public assistance programs to persons with disabilities.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination based on sexual orientation or
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right of
workers to form and join unions or ``labor associations'' of their
choice without previous authorization or excessive requirement, and the
Government generally respected this right in practice. However,
guidelines adopted by the CCAC require that civil servants obtain
approval from their managers before joining associations or becoming
leaders in labor associations. The law also specifically excludes
public servants, domestic workers, and migrant workers from labor law
protections, including the right of association. At the beginning of
the year, there were 214 registered labor associations and 227
employers' associations. Data on the percentage of unionized workers
was unavailable.
According to the International Trade Union Confederation (ITUC),
due to the mainland government's strong influence over local trade
union activities, including the direct selection of the leadership of
the Federation of Trade Unions (FTU), independence of trade unions was
undermined and the protection of the trade union members' rights
compromised. Mainland government policies emphasized minimizing
workplace disruption, and some unions were criticized for tending to
resemble local traditional neighborhood associations promoting social
and cultural activities. The Union for Democracy Development Macau
(UDDM) and some local journalists claimed that the FTU was more
interested in providing social and recreational services than in
addressing labor problems such as wages, benefits, and working
conditions.
Workers have the right to strike, but there is no specific
protection in the law from retribution if workers exercise this right.
The Government argued that striking employees are protected from
retaliation by labor law provisions, which require an employer to have
``justified cause'' to dismiss an employee; however, there were reports
that the Government failed to enforce these provisions. Strikes,
rallies, and demonstrations were not permitted in the vicinity of the
chief executive's office, the Legislative Assembly, and other key
government buildings.
Workers who believed they were dismissed unlawfully may bring a
case to court or lodge a complaint with the Labor Department or the
Office of the High Commissioner Against Corruption and Administrative
Illegality, who also functions as an ombudsman. However, migrant
workers had no right to such legal recourse.
Illegal laborers are not protected by labor laws.
b. The Right to Organize and Bargain Collectively.--The law
provides that agreements concluded between employers and workers shall
be valid, but there is no specific statutory protection that provides
for the right to collective bargaining; however, the Government did not
impede or discourage collective bargaining. Promainland unions
traditionally have not attempted to engage in collective bargaining.
Migrant workers and public servants did not have the right to bargain
collectively.
The ITUC maintained that under the law, the high percentage of
foreign labor, which has no right to collective bargaining, was eroding
the bargaining power of local residents to improve working conditions
and increase wages.
The law prohibits antiunion discrimination and employer
interference in union functions; however, the UDDM expressed concern
that the local law contains no explicit provisions that bar
discrimination against unions.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits minors under the age of 16 from working, although minors
between the ages of 14 and 16 can be authorized to work on an
``exceptional basis.'' Some children reportedly worked in family-
operated or small businesses. Local laws do not establish specific
regulations governing the number of hours these children can work, but
International Labor Organization conventions were applied. The Labor
Department enforced the law through periodic and targeted inspections,
and violators were prosecuted.
e. Acceptable Conditions of Work.--Local labor laws establish the
general principle of fair wages and mandate compliance with wage
agreements. There was no mandatory minimum wage except for government-
outsourced security guards and cleaners. Average wages provided a
decent standard of living for a worker and family.
In April representatives of employers, employees, and the
Government discussed a minimum wage scheme for all sectors. They
concluded that a minimum wage imposed on all industries would be
complex and difficult and a mandatory minimum wage would be implemented
only after the community reaches a consensus.
In addition to the estimated 95,500 migrant workers in 2007, the
use of illegally imported workers increased. Local customs normally
favored employment without the benefit of written labor contracts,
except in the case of migrant workers, who were issued short-term
contracts. Labor groups reported that employers increasingly used
temporary contracts as a means to circumvent obligations to pay for
workers' benefits such as pensions, sick leave, and paid holidays. The
short-term nature of the contracts also makes it easier to dismiss
workers by means of nonrenewal.
Labor legislation provides for a 48-hour workweek, an eight-hour
workday, paid overtime, annual leave, and medical and maternity care.
Although the law provides for a 24-hour rest period each week, workers
frequently agreed to work overtime to compensate for low wages. The
Labor Department provided assistance and legal advice to workers upon
request.
The Labor Department enforced occupational safety and health
regulations, and failure to correct infractions could lead to
prosecution. During 2007 the Labor Department inspectorate conducted
8,591 inspections and uncovered 5,512 violations carrying fines
totaling approximately 1.6 million patacas (more than $200,000). In
2007 there were 4,535 occupational injuries and 14 occupational deaths.
Although the law includes a requirement that employers provide a safe
working environment, no explicit provisions protected employees' right
to continued employment if they refused to work under dangerous
conditions.
__________
TAIWAN
Taiwan's population of 23 million is governed by a president and
parliament chosen in multiparty elections. Legislative elections in
January and presidential elections on March 22 were free and fair. The
election of President Ma Ying-jeou, of the Kuomintang Party (KMT),
marked the country's second peaceful, democratic transfer of power.
Civilian authorities generally maintained effective control of the
security forces.
Taiwan generally respected the human rights of its citizens;
however, the following problems continued to be reported: corruption by
officials, violence and discrimination against women, trafficking in
persons, and abuses of foreign workers.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the authorities committed arbitrary or unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution stipulates that no violence, threat,
inducement, fraud, or other improper means should be used against
accused persons, and there were no reports that the authorities
employed them.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the authorities permitted
visits by independent human rights observers. As of July prisons
operated at 110 percent of design capacity.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the authorities generally observed
these prohibitions.
Role of the Police and Security Apparatus.--The National Police
Administration (NPA) of the Ministry of Interior (MOI) has
administrative jurisdiction over all police units, although city mayors
and county magistrates appoint city and county police commissioners.
Mayors and magistrates are responsible for maintaining order and
assessing the performance of police commissioners within their
jurisdiction.
Police corruption, while limited, was a problem. The NPA did not
keep statistics on police corruption cases. In March the authorities
arrested and held in custody senior officers of several Taipei County
police precincts for taking bribes from operators of illegal gambling
establishments. In October the authorities indicted 42 suspects in the
case, including a former Yunho City police commissioner and five other
police officers. The prosecutor requested a 15-year jail term for the
former police commissioner.
Prosecutors and the Control Yuan are responsible for investigating
allegations of police malfeasance. The NPA also has an inspector
general and an internal affairs division that investigated allegations
of police misconduct. Police officers and senior officials suspected of
corruption were prosecuted and punished upon conviction.
Arrest and Detention.--Warrants or summons are required by law
except when there is ample reason to believe the suspect may flee, or
in urgent circumstances. Indicted persons may be released on bail at
judicial discretion. By law, prosecutors must apply to the courts
within 24 hours after arrest for permission to continue detaining an
arrestee. The authorities generally observed these procedures, and
trials usually took place within three months of indictment. According
to the Code of Criminal Procedure, prosecutors can apply to a court for
approval of a ``pretrial'' detention of an unindicted suspect for a
maximum of two months with one possible two-month extension. Pretrial
detention can be requested in cases where the potential sentence is
five years or more or there is a reasonable concern that the suspect
could flee or collude with other suspects or witnesses or tamper or
destroy material evidence. Opposition Democratic Progressive Party
(DPP) officials and supporters alleged political interference in the
investigation, detention, and prosecution of former president Chen
Shui-bian and other current and former DPP officials.
Human rights advocates complained that the law did not provide
adequate protection since there is no requirement that suspects have
legal representation during questioning. In September 2007 the Judicial
Yuan (JY) and the NPA initiated a one-year pilot program (since
extended to a second year) to provide legal counsel during initial
police questioning to qualifying indigent suspects who are mentally
handicapped or charged with a crime punishable by three or more years
in prison. Lawyers recruited by the Legal Aid Foundation (LAF) were
posted to police stations in 23 cities and counties. Police and
prosecutors were required to provide written notice of the service to
qualifying defendants. On December 29, the LAF announced that in
addition to its existing 20 branches, which serviced all 23 cities and
counties around the island, 50 police sub-bureaus, one-third of the
island's 158 sub-bureaus, have begun implementing the pilot program.
Human rights lawyers contended that while courts are required to
appoint counsel after an indictment is filed, the existing Criminal
Procedure Code does not specify what lawyers can do to protect the
rights of indigent criminal suspects during initial police questioning.
The pilot program has enjoyed some success, but some groups argued that
police need more on-the-job training, police facilities should be
improved to accommodate lawyers in their initial questioning of
suspects, and authorities should allocate more funding to provide
financial incentives for lawyers to engage in the program.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the authorities generally respected judicial
independence. However, although the authorities made efforts to
eliminate corruption and to diminish political influence in the
judiciary, residual problems remained. During the year many political
leaders publicly questioned the impartiality of judges and prosecutors
involved in several high-profile and politically sensitive cases.
The JY is one of the five coequal branches of the political system
and includes the 15-member Council of Grand Justices (CGJ), which
interprets the constitution as well as laws and ordinances. Subordinate
JY organs include the Supreme Court, high courts, District Courts,
administrative courts, and the Committee on the Discipline of Public
Functionaries.
Active-duty military personnel are subject to the military justice
system, which provides the same protections as the civil criminal
courts. However, critics contended that there was insufficient
separation between military prosecutors and judges, who were usually
officers in the same unit and under the same command, to properly
safeguard a defendant's interests.
Trial Procedures.--The constitution establishes the right to a fair
trial, and an independent judiciary generally enforced this right.
Judges, rather than juries, decided cases; all judges were appointed by
and responsible to the JY. A single judge, rather than a defense
attorney or prosecutor, typically interrogated parties and witnesses.
Trials are public, although court permission may be required to attend
trials involving juveniles or potentially sensitive issues that might
attract crowds. A defendant's access to evidence held by the
prosecution is determined by the presiding judge on a case-by-case
basis. All defendants are presumed innocent until proven guilty and
have the right to an attorney, and criminal procedure rights are
extended to all persons without limitation.
The law states that a suspect may not be compelled to testify and
that a confession shall not be the sole evidence used to find a
defendant guilty. All convicted persons have the right to appeal to the
next higher court level. Persons sentenced to terms of imprisonment of
three years or more may appeal beyond that level. The Supreme Court
automatically reviews life imprisonment and death sentences. It is
unconstitutional to allow the confessions of accomplices to be used as
the only evidence to convict a defendant.
In November 2007 the Supreme Court reversed the death sentence
handed down by a high court in the so-called Hsichih Trio case, which
was originally tried before the law disallowed confession as the sole
evidence used to determine a guilty verdict. At year's end the case
remained pending. The Hsichih Trio was released from custody in 2003.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters. Administrative remedies are
available in addition to judicial remedies for alleged wrongs,
including human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
authorities generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the authorities generally
respected these rights in practice.
There was a vigorous and active free press. Critics alleged that
dependency upon advertising revenue and loans from government-
controlled banks deterred a few media outlets from criticizing the
authorities. The authorities denied using loans or advertising revenue
to manipulate the media. President Ma, shortly after he took office in
May, announced that the authorities should not attempt to influence the
political process through the media, that the budget for official
advertising should be evenly distributed among media outlets and both
political parties, and that the military should not get involved in
media operations.
In July the authorities extended the maximum stay of People's
Republic of China (PRC) journalists from 30 days to three months. The
authorities also decided to allow up to five PRC regional news outlets
to station journalists on the island, in addition to the five PRC
national outlets already allowed. On November 13, the Mainland Affairs
Council announced that it had approved the applications of the Fujian
Daily and Southeast Television to station journalists on the island.
They would join five nation-wide PRC media outlets.
Hong Kong-based Phoenix Satellite Television expressed frustration
over the denial of its request to broadcast in Taiwan. The Taiwan
authorities treated Phoenix TV as a mainland Chinese media outlet and
refused to grant landing rights. Phoenix maintained it is a Hong Kong
broadcaster and that the Propaganda Department of the Chinese Communist
Party classified it as a ``foreign broadcaster,'' limiting its landing
rights to ``three-star hotels and above,'' compounds with foreign
residents, and the offices and residences of PRC officials charged with
dealing with the outside world. The Government Information Office (GIO)
stated in July that the issue of landing rights for Taiwan cable
television channels in China and Chinese broadcasters (including
Phoenix TV) in Taiwan should be negotiated through future cross--Strait
talks.
In an October 9 media release, the International Federation of
Journalists (IFJ) condemned alleged government interference in Taiwan
media, saying the GIO had demanded that the state-owned Central News
Agency alter reports on the contaminated milk powder scandal and
withdraw a report criticizing President Ma. The IFJ pointed to the
September 30 resignation of the chairman and several directors of the
Government-funded Radio Taiwan International (RTI) to protest GIO
pressure on RTI to change its editorial focus and refrain from
broadcasting news too critical of mainland China. The GIO denied the
IFJ's accusations. In December the IFJ and Reporters Without Borders
also criticized resolutions approved by the Educational and Cultural
Affairs Committee and the Interior Affairs Committee in the Legislative
Yuan (LY), which called for GIO's approval of content broadcast by the
Taiwan Public Television Service.
Opposition groups and student demonstrators complained that police
violated their right to free expression during protests against the
visit of PRC Association for Relations Across the Taiwan Strait (ARATS)
Chairman Chen Yunlin (See Section 2.b.).
Internet Freedom.--There were no official restrictions on access to
the Internet, and individuals and groups could engage in peaceful
expression of views via the Internet, including by e-mail. GIO
regulations require domestic Web site operators to label their Web site
material, making it easier to detect and block access to adult-only
material by persons under age 18. The GIO authorized the Taiwan
Internet Content Rating Promotion Foundation, a joint GIO/Internet
industry/nongovernmental organizations (NGOs) enterprise, to provide
free filtering software to parents. The GIO did not block access to
restricted Web sites.
Several NGOs reported that law enforcement officials monitored
Internet chat rooms and bulletin boards and used Internet addresses to
identify and prosecute adults responsible for posting sexually
suggestive messages. Critics alleged the Child and Youth Sexual
Transaction Prevention Act (CYSTPA), which is intended to protect
children from sexual predators, is being used to punish
constitutionally protected free speech between consenting adults. In
response to a request by persons opposed to this use of the CYSTPA, the
CGJ looked at the issue and ruled in favor of the law enforcement
officials' actions, noting that the constitutional guarantee to free
speech is not absolute and may be subject to reasonable restrictions
intended to preserve a significant public interest --in this case, ``to
deter and eliminate cases where children or juveniles become objects of
sexual transaction.''
Academic Freedom and Cultural Events.--On June 20, the CGJ ruled
that the prohibition on the establishment of political parties or
associations that advocate ``communism'' or ``division of the national
territory,'' otherwise known as ``Taiwan independence,'' was
unconstitutional. There were no restrictions on academic freedom or
cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Opposition-party legislators and human rights NGOs claimed
that the Assembly and Parade Law unconstitutionally restricts free
speech and assembly, and called for it to be amended or abolished. The
``Wild Strawberry'' student movement staged month long demonstrations
and the Taiwan Association for Human Rights and more than a dozen other
civic groups formed an alliance to advocate for amending the law. Their
goals included removing restrictions on street protest demonstrations
and eliminating the requirement to apply to police for permission to
hold a demonstration. At year's end the LY had not voted on a proposed
amendment.
In August 2007 the authorities charged 16 persons who participated
in anticorruption protests in 2006 with failure to obtain a protest
permit and failure to comply with a police order to disperse. At year's
end the case was still pending. According to human rights NGOs and
media reports, other protesters were also charged with violating the
law. If convicted, violators most often were given terms of two to
three months that, at judges' discretion, usually were converted to
fines.
Opposition supporters accused police of using excessive force at a
November 6 rally that turned violent when protesters clashed with riot
police near a Taipei hotel where PRC ARATS Chairman Chen Yunlin was
staying. According to government figures, 170 police officers, 23
civilians, and eight journalists were injured in the violence,
including a reporter with Formosa Television, who suffered nose and eye
injuries after being struck by a policeman. The journalist filed a
lawsuit to seek compensation, and the interior minister apologized for
the incident.
According to the Association of Taiwan Journalists, the NPA sought
to coerce journalists who covered the November 6 rally to turn in
photographs and video clips to help police identify individuals who
instigated violence. A November 19 IFJ media release urged the police
to stop pressuring media for information on the protest. On November
20, the international human rights NGO Freedom House urged the
Government to create an independent commission to investigate the
clashes and recommend necessary reforms.
Freedom of Association.--Bringing the law in line with practice, on
June 20 the CGJ removed the prohibition in the Civic Organization Act
on the establishment of political parties or associations that advocate
``communism'' and ``division of the national territory.'' On August 12,
the MOI accepted the registration of the Taiwanese Communist Party as
the 141st political party in Taiwan.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the authorities generally respected this right in
practice.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination against persons for their religious
beliefs or practices, and no reports of anti--Semitic acts. The Jewish
population numbered approximately 200 persons.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within Taiwan, foreign travel, emigration, and
repatriation, and the authorities generally respected these rights in
practice.
All travelers from the PRC are required to have invitations from
sponsors and are subject to approval by the Mainland Affairs Council.
PRC tourists must travel in groups and stay at designated hotels. PRC
tour groups must be chaperoned by a Taiwan travel agency, which is
required to post a NT$ two million ($62,500) bond in order to receive
PRC tour groups. A portion or the entire bond can be forfeited if any
tour group member is involved in legal problems or is reported missing.
The Tourism Bureau must be notified in advance of any change to a tour
group itinerary. In September the requirement that PRC visitors
regularly report their location to the police was eliminated.
The law does not provide for forced exile, and it was not
practiced.
According to Taiwan's Cross--Strait Relations Act, its citizens
residing in the PRC will lose citizenship if they do not return within
four years. They may apply to recover citizenship through relatives or
a legal representative. Applications to recover citizenship were
regularly granted, and there were no reports of rejected applications.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status. All PRC citizens unlawfully present are
required by law to be returned to the PRC, including victims of human
trafficking. There were at least nine PRC nationals on Taiwan seeking
asylum in third countries.
Throughout the year the authorities repatriated illegal immigrants
to their countries of origin. According to the MOI, the total number of
illegal PRC immigrants deported to the mainland declined, from 1,596 in
2006 to 595 in 2007. As of August 31, 288 illegal PRC immigrants were
in detention centers awaiting repatriation.
PRC illegal immigrants continued to spend long periods in
detention, waiting an average of 204 days in 2007 to be repatriated. By
comparison, non--PRC illegal aliens averaged just 56 days in detention
before repatriation. The MOI claimed that some PRC detainees gave false
biographic information, making it difficult for PRC authorities to
properly identify them.
Stateless Persons.--Foreign spouses are initially issued visitors'
visas, which usually must be renewed outside Taiwan. Foreign spouses
cannot apply for citizenship until they have resided on Taiwan for
three consecutive years. They are required to relinquish their
citizenship of birth in order to apply. Citizenship is typically
granted after the fourth consecutive year of residence; thus, for one
year foreign spouses are technically stateless. Without citizenship,
foreign spouses can be deported if their visas expire.
In July more than 400 descendants of former KMT soldiers left
behind in Burma and Thailand in 1949 protested to demand citizenship.
Both the Burmese and Thai governments refused to grant these persons
residency or citizenship, and some were in Taiwan illegally.
Subsequently the interior minister ordered the National Immigration
Agency to issue temporary registration certificates to grant legal
status. In August the MOI drafted an amendment to the Immigration Act,
which would grant stateless people and unregistered Taiwan citizens
residency should it pass the LY.*
Section 3. Respect for Political Rights and the Right of Citizens to
Change Their Government
The constitution provides citizens the right to elect and change
their political leaders peacefully, and this right was exercised in
practice through periodic, free, and fair elections held on the basis
of universal suffrage.
Elections and Political Participation.--In January the KMT won a
significant majority in the Legislative Yuan following the
implementation of a new single-member district electoral system. Two
months later, the KMT presidential candidate Ma Ying-jeou won the
presidency, marking the second peaceful, democratic transfer of power
in Taiwan's history. Observers regarded the elections as free and fair.
Political parties operated without restriction or outside
interference.
There were 34 women in the 113-member LY. Eleven of the 48
Executive Yuan (cabinet) members were women. The mayor of Kaohsiung,
Taiwan's second largest city, was a woman. Two of the 15 grand justices
were women. At least half of the at-large seats won by a political
party were required to be filled by women.
Representatives of the indigenous population participated in most
levels of the political system. They held six reserved seats in the LY,
half of which were elected by plains tribes and half by mountain
tribes. Indigenous peoples accounted for about 2 percent of the
population; their allocation of legislative seats was more than double
their proportion of the population.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption and the authorities generally
implemented these laws effectively. There were allegations of official
corruption during the year. Allegations of vote buying continued,
although all political parties were publicly committed to ending the
practice.
In June the authorities passed ethics rules aimed at 400,000 public
servants and their families. The measures, which took effect August 1,
stipulated that public servants may not receive gifts valued at
NT$3,330 (approximately $100) or higher or any gifts with a total value
of NT$10,659 ($323) or above from a single person in a year when the
giver was deemed an ``interested person.''
In addition, all public servants are subject to the Public
Servants' Property Declaration Law. The Ministry of Justice (MOJ) is in
charge of combating official corruption.
In January eight former and incumbent legislators from across the
party spectrum were indicted on charges of accepting bribes from the
National Chinese Herbal Apothecary Association.
On December 4, the Taipei District Court sentenced former MOJ
Investigation Bureau (MJIB) Director Yeh Sheng-mao to 10 years in
prison for offenses including withholding classified information
delivered to the MJIB related to possible money laundering activities
involving then president Chen Shui-bian's family members. Under
Taiwan's court system, Yeh is eligible to appeal his conviction two
times.
Chen, his wife Wu Shu-jen, and others, including some officials of
the former DPP administration, were either indicted or under
investigation for various alleged acts of corruption. Wu was indicted
in four major corruption and money laundering cases, while former
president Chen was indicted in three of the same cases. Some observers,
including Chen's supporters, asserted the charges were politically
motivated. However, the Government and other observers maintained they
saw no indication of political interference by the administration in
the investigation and prosecution of the cases against Chen and his
family. Various international and local organizations, academics, and
DPP politicians, raised concerns about some developments, including
Chen's pretrial detention, the transfer of Chen's cases from one judge
to another, and leaks to the media of information from confidential
investigations.
By September prosecutors had indicted 849 persons on various
corruption charges. Of those accused, 138 were high-ranking officials,
278 were mid-level, and 272 were low-level.
The Access to Government Information Law stipulates that all
government information be made available to the public upon request,
except national secrets, professional secrets, personal information,
and protected intellectual property. The law provides that citizens,
companies, and groups registered in Taiwan can submit information
requests and can appeal denied requests. These privileges are extended
on a reciprocal basis to citizens of foreign countries.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without restriction by the authorities. Officials
often were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equality of citizens before the law
irrespective of sex, religion, race, class, or party affiliation. It
also provides for the rights of persons with disabilities. The
authorities enforced these provisions.
Women.--Violence against women, including rape and domestic
violence remained a serious problem. Rape, including spousal rape, is a
crime. Because victims were socially stigmatized, many did not report
the crime, and the MOI estimated that the total number of sexual
assaults was 10 times the number reported to the police.
The law provides protection for rape victims. Mentally handicapped
victims and those under 16 years of age are allowed to testify via a
two-way television system. Rape trials are not open to the public
unless the victim consents. The law requires doctors, social workers,
police, and prosecutors to jointly question victims of sexual abuse
whenever possible to reduce the number of times a victim is questioned.
The law permits a charge of rape without requiring the victim to press
charges.
The law establishes the punishment for rape as not less than five
years' imprisonment, and those convicted usually were given prison
sentences of five to 10 years. According to the MOI, 4,309 reports of
rape or sexual assault were filed through June. Prosecutors tried 1,088
cases and convicted 1,089 individuals as of July. According to the MOJ,
the average conviction rate over the past few years was approximately
43 percent.
The law allows prosecutors to take the initiative in investigating
complaints of domestic violence without waiting for a spouse to file a
formal lawsuit. As of September a total of 40,974 cases of domestic
violence had been reported. As of October a total of 2,046 persons had
been prosecuted for domestic violence, and 1,730 persons had been
convicted. As of October 9,638 protection orders had been issued to
domestic violence victims. Typically persons convicted in domestic
violence cases were sentenced to less than six months in prison. Strong
social pressure not to disgrace their families discouraged abused women
from reporting incidents to the police.
The law requires all cities and counties to establish violence
prevention and control centers to address domestic and sexual violence,
child abuse, and elder abuse. These centers provided victims with
protection, medical treatment, emergency assistance, shelter, legal
counseling, and education and training on a 24 hour basis. Prostitution
is illegal; however, prostitution, including child prostitution, was a
problem. Currently, the Social Order Maintenance Act mandates punitive
measures only for prostitutes; those patronizing prostitutes are not
subject to penalties unless a minor is involved. Trafficking in women
remained a problem.
Sexual harassment is a crime, punishable by fines of from
NT$100,000 to NT$1 million (approximately $3,000 to $30,000) and
imprisonment for up to two years. All public employers and larger
private employers were required to enact preventive measures and
establish complaint procedures to deter sexual harassment. Hot lines
were established in several major cities from 2006, but reporting
levels were well below expectations. Women's groups criticized the
implementation of the law as ineffective, attributing low reporting
rates to inadequate publicity.
The law prohibits sex discrimination and stipulates that measures
be taken to eliminate sexual harassment in the workplace. The Gender
Equality in Employment Act (GEEA) provides for equal treatment with
regard to salaries, promotions, and assignments. The GEEA entitles
women to request up to two years of unpaid maternity leave and forbids
termination because of pregnancy or marriage.
Women's advocates noted that women continued to be promoted less
frequently, occupied fewer management positions, and worked for lower
pay than their male counterparts. Women made up 49 percent of the total
workforce and more than 50 percent of the service industry workforce.
According to the Council for Labor Affairs (CLA), salaries for women
averaged 85 percent of those for men performing comparable jobs.
Children.--The authorities were committed to the rights and welfare
of children, and the law included provisions to protect them.
Child abuse continued to be a widespread problem. As of June, 8,200
cases were reported, including cases of physical, mental, or sexual
abuse or harm due to guardian neglect. Approximately 90 percent of
abusers were parents, relatives, or caregivers. Hospitals, schools,
social welfare organizations, or the police reported 60 percent of all
cases, with 40 percent of reports coming from family members or the
public. Fifty percent of all cases were reported through the child
abuse hot line.
A reliable NGO reported sexual abuse was more prevalent than the
public realized, with the estimated number of victims reaching
approximately 20,000 per year while only approximately 3,000 were
reported. Central and local authorities, as well as private
organizations, continued efforts to identify and assist high-risk
children and families and to increase public awareness of child abuse
and domestic violence.
By law, persons discovering cases of child abuse or neglect must
notify the police or welfare authorities. Child welfare specialists
must notify the local authorities within 24 hours, and authorities must
take appropriate measures within 24 hours. Regulations encourage
officials to respond to investigation requests within four days. The
MOI Children's Bureau and NGO specialists monitored cases to ensure
that requirements were met. An official hot line accepted complaints of
child abuse and offered counseling. Courts were authorized to appoint
guardians for children whose parents were deemed unfit.
Solicitors of prostitutes under the age of 14 faced sentences of
three to 10 years in prison. Those who patronized prostitutes between
the ages of 14 to 16 were sentenced to three to seven years. Solicitors
of prostitutes older than 16 but younger than 18 faced up to one year
in prison or hard labor, or a fine up to NT$3 million (approximately
$100,000). According to the MOI Children's Bureau and local NGOs, 1,000
children per year were rescued from prostitution and placed in
shelters. The Children's Bureau reported a significant increase in the
number of boys exploited as prostitutes.
Advertisements related to prostitution were prohibited, and the law
was enforced in practice. Citizens arrested abroad for having sex with
minors were also indicted and convicted for patronizing underage
prostitutes in foreign countries.
As of October, 744 persons were indicted and 775 persons were
convicted of violating the CYSTPA, which criminalizes child
prostitution and the possession and distribution of child pornography.
The law requires publication of violators' names in newspapers.
Trafficking in Persons.--Trafficking in persons continued to be a
problem. Effective August 1, amendments to immigration laws provide
victim protections and prevention measures. There is no comprehensive
trafficking law, although most forms of trafficking are criminalized
through a number of statutes.
The MOI, the MOJ, the National Immigration Agency (NIA), the CLA,
the NPA, and several other agencies are responsible for combating
trafficking. A senior-level prosecutor unit supervises District Court
handling of trafficking cases and there are antitrafficking task forces
within the NIA, the NPA, the Coast Guard, and the 21 District Court
offices.
Taiwan is primarily a destination for Southeast Asian and PRC
nationals trafficked into forced labor or sexual exploitation. There
were reports of women being trafficked from Taiwan for sexual
exploitation purposes to Canada, Japan, the United Kingdom, the United
States, and other countries.
Taiwan authorities reported that traffickers continued to use
fraudulent marriages as a method for human trafficking, in part because
penalties for ``husbands'' were lenient. Some women smuggled to Taiwan
to seek illegal work were subsequently forced to work in the commercial
sex industry. NGOs reported a sharp increase in the number of boys
rescued from prostitution, mainly discovered during police
investigations of online social networking sites suspected of being
front operations for prostitution rings. Labor trafficking remained a
serious problem (See Section 6.e.).
As of November, the MOJ reported authorities had indicted 530
individuals for trafficking offenses. Of those indicted 266 were
convicted for a conviction rate of 50 percent. Approximately 80 percent
of the 178 cases closed were sexual exploitation, while forced labor
accounted for the remaining 20 percent. In October, police, in
collaboration with prosecutors and the Criminal Investigation Bureau,
conducted raids on the offices of a large labor brokerage group,
resulting in the arrest of 34 suspects on charges of fraud, money
laundering, and forced labor. Press reports indicated approximately
9,000 workers recruited by the brokerage group allegedly were forced to
work long hours, turn over bank cards so that the brokerages could
withdraw large sums from their monthly salaries, and sign repayment
agreements for nonexistent loans. The majority of the victims were
recruited from Indonesia, with others coming from Vietnam and Thailand.
Incidents of public employees or officials implicated in
trafficking were rare, but they did occur. There were instances of
local authorities accepting bribes and sexual services in return for
ignoring illegal sex- and labor--trafficking activities.
There are island-wide guidelines for identifying and treating
trafficking victims. The authorities conducted exercises to train
police, immigration officials, and other law enforcement personnel in
identifying victims. However, immigration officers, police, prosecutors
and other law enforcement personnel did not consistently follow victim
identification procedures. NGOs reported concerns that an increase in
the number of raids and arrests had not resulted in increased
convictions. They further noted that, when foreigners were identified
as victims of trafficking or as witnesses, authorities coerced
cooperation on prosecutions and often kept them in detention centers or
required them to remain on Taiwan until their appearance in court was
no longer needed, a year on average. Compounding the problem was the
lack of an established process to implement new provisions of the
Immigration Act that allow trafficking victims to obtain temporary
visit and work permits. NGOs added that significant numbers of
trafficking victims continued to be punished with community service and
fines for violating immigration, foreign labor, or prostitution laws.
In 2007 the Executive Yuan issued a three-year antitrafficking
action plan (2008-10) which addresses victim protections, trafficking
prevention measures, such as a new public awareness campaign launched
in December, and measures aimed at increasing prosecutions of
traffickers on the island.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities and sets minimum fines for
violations.
The law stipulates that the authorities must provide services and
programs to the disabled population. Free universal medical care was
provided to persons with disabilities. NGOs continued to note that more
public nursing homes were needed and that current programs, such as
home care services, needed to be expanded to meet the growing needs of
those with disabilities, including the growing numbers of elderly
persons.
The law requires all private enterprises with more than 100
employees to hire at least one person with disabilities per 100
workers. By law, effective July 2009 for all public entities (including
offices, schools, and enterprises) with 34 or more employees, employees
with disabilities must make up at least 3 percent of the total
workforce. For each unmet quota position, both public and private
organizations are required to pay into the Disabled Welfare Fund an
amount equal to one basic monthly salary NT$17,280 (approximately
$535).
By law, new public buildings, facilities, and transportation
equipment must be accessible to persons with disabilities, and this
requirement was generally met. Violations resulted in fines of from
NT$60,000 to NT$300,000 (approximately $1,900 to $9,300).
National/Racial/Ethnic Minorities.--During 2007, 18 percent of all
marriages were to foreign-born spouses, primarily from China, Vietnam,
Indonesia, and Thailand, and an estimated 10 percent of all births were
to foreign-born mothers.
Foreign spouses were targets of discrimination both inside and
outside the home. Most marriages to foreign citizen spouses were
arranged by brokers, whose local advertisements frequently were
degrading to women. For fees ranging from NT$250,000 to NT$400,000
(approximately $7,800 to $12,400), brokers typically flew clients to
other Southeast Asian countries, where they could choose from a group
of eligible women recruited by the broker. The marriage and necessary
paperwork were usually completed within a week. Several reports
suggested that this commercialized process likened foreign spouses to
property and contributed to their mistreatment. An MOI report concluded
that social and economic marginalization contributed to an abnormally
high rate of domestic violence in marriages to foreign spouses.
The amended immigration law bars all discrimination against
foreign-born spouses and foreign migrant workers on the basis of
nationality, race, skin color, social rank, or place of birth. Those
convicted of violating these provisions can face fines of up to
NT$30,000 (approximately $930). The law permits a foreign-born spouse
to apply for a restraining order if he or she has been the victim of
domestic violence. A foreign-born spouse may now remain in Taiwan as
long as necessary to complete divorce proceedings and to settle child-
custody questions. After a divorce, a foreign-born spouse may remain in
Taiwan to care for minor children less than 20 years of age. The
amendment also banned for-profit cross-border marriage agencies,
extended assembly and parade rights to immigrants, and liberalized
financial proof requirements for foreign spouses seeking
naturalization.
The authorities offered free Chinese-language and child-raising
classes and counseling services at community outreach centers to assist
foreign-born spouses integrate into society. The Legal Aid Foundation
provided legal services to foreign spouses and operated a hot line to
receive complaints. The MOI also operated its own hot line with staff
conversant in Vietnamese, Cambodian, Thai, Indonesian, English, and
Chinese. By the end of October, the service had received 8,528 calls
from non--Chinese speakers, a significant increase from 2007.
PRC-born spouses must wait eight years to apply for Taiwan
residency, whereas non--PRC spouses can apply after only three years.
While non--PRC foreign spouses are permitted to work in Taiwan
immediately upon arrival, PRC spouses must wait four years to obtain
the right to work, barring special economic circumstances. Upon
entering Taiwan for the first time, a spouse from the PRC must present
a certified clean bill of health. After four years of residency, a PRC
spouse can apply for a long-stay visa. After two more years of
residency, this individual can apply for citizenship.
Indigenous People.--There are 13 identified non--Chinese groups of
indigenous people; they accounted for approximately 2 percent of the
population. The law protects the civil and political rights of these
indigenous people. The Indigenous Peoples Basic Act stipulates that the
authorities should provide resources to help indigenous people develop
a system of self-governance, formulate policies to protect their basic
rights, and promote the preservation and development of their language
and culture. The cabinet-level Council of Indigenous Peoples worked
with other ministries to raise living standards in aboriginal regions
through basic infrastructure projects. The council also provided
emergency funds and college scholarships to the indigenous population.
Other Societal Abuses and Discrimination.--There were no laws
prohibiting homosexual activities. According to homosexual rights
activists, antihomosexual violence was rare, but societal
discrimination against homosexuals and persons with HIV and AIDS was a
problem.
Homosexual rights activists said instances of police pressure to
close gay- and lesbian-friendly bars and bookstores decreased.
Homosexual rights groups complained that law enforcement agencies
switched their attention from monitoring Internet chat rooms and
bulletin boards for sexually suggestive messages to personal blogs and
prosecuted message posters in violation of constitutional free speech
guarantees.
Under the law doctors convicted of providing fertility treatments
to unmarried persons face fines of up to NT$1.5 million ($46,000).
Homosexual rights activists alleged the restrictions unfairly
discriminate against homosexuals, who are not permitted to marry under
the law.
Employers convicted of discriminating against jobseekers on the
basis of birthplace, sexual orientation, or age face fines of up to
NT$1.5 million ($46,000).
An amendment of the AIDS Prevention and Control Act allows foreign
spouses infected with HIV to remain in Taiwan if they can show they
were infected by their spouse, or by medical treatment received while
in Taiwan. The amended law, renamed the HIV Prevention and Patients'
Rights Protection Act, also stipulates that HIV-infected citizens
cannot be denied access to education, medical services, housing, or
other necessities.
Section 6. Worker Rights
a. The Right of Association.--The right to unionize is protected by
law but is highly regulated. Workers other than teachers, civil
servants, fire fighters, doctors and healthcare workers, domestic
workers, and defense industry workers, are protected by the Labor Union
Law (LUL).
Some public employees, including teachers, civil servants, and
defense industry workers, have limited rights to form unions. Teachers
and civil servants were allowed to form professional associations to
negotiate with the authorities but were not allowed to strike. These
restrictions led to a long-running dispute between the authorities and
groups representing teachers and civil servants. Foreign workers are
not allowed to form their own unions or to assume union leadership
positions in existing unions.
A number of laws and regulations limit the right of association.
While labor unions may draw up their own rules and constitutions, they
must submit them to county and city authorities as well as to the CLA
for review. Labor unions may be rejected or dissolved if they do not
meet CLA certification requirements or if their activities disturb
public order.
As of June approximately 28 percent of the 10.8 million-person
labor force belonged to one of the 5,654 registered labor unions. Many
of them were also members of one of eight island-wide labor
federations.
The right to strike is provided by law, and workers exercised this
right in practice. However, legal constraints make it difficult to
strike, undermining the usefulness of collective bargaining. Workers
may strike over issues of compensation and working schedules, but not
living or working conditions. The law requires mediation of labor
disputes when the authorities deem them to be sufficiently serious or
to involve unfair practices. The law prohibits labor and management
from disturbing the ``working order'' while mediation or arbitration is
in progress. Critics contended the law has a chilling effect on the
right to strike because it does not clearly state what conduct is
prohibited. The law mandates stiff penalties for violations of no-
strike and no-retaliation clauses.
b. The Right to Organize and Bargain Collectively.--The law gives
workers the right to organize, bargain, and act collectively, although
some positions are not afforded this right.
As of June there were 71 collective agreements in force; however,
they covered only a small proportion of the labor force, mainly in
large companies; 93 percent of industrial labor unions had no
collective agreements. No special labor laws or labor law exemptions
apply to the export processing zones in Kaohsiung and Taichung.
The LUL prohibits discrimination, dismissal, or other unfair
treatment of workers because of union-related activities. Labor unions
charged that during employee cutbacks labor union leaders were
sometimes laid off first, or dismissed without reasonable cause.
According to the Taiwan Confederation of Trade Unions and the Taiwan
Labor Front, there is no specific penalty for the improper dismissal of
a labor union leader.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor by adults and children. However, there were
reports that such practices occurred. The authorities prosecuted
numerous cases of forced child prostitution, and there was evidence of
trafficking in persons into other industries such as household
caregivers, farming, manufacturing, and construction (See Section 5).
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Labor Standards Law (LSL) stipulates age 15, at which compulsory
education ends, as the minimum age for employment. County and city
labor bureaus effectively enforced minimum-age laws.
e. Acceptable Conditions of Work.--The LSL provides standards for
working conditions and health and safety precautions. As of May the LSL
covered an estimated 6.4 million of the 7.9 million salaried workers.
Those not covered included health care workers, gardeners, bodyguards,
teachers, doctors, lawyers, civil servants, and domestic workers.
Foreign household caregivers and domestic workers were covered
instead by the Employment Services Act, which does not guarantee a
minimum wage or overtime pay, set limits on the workday or workweek, or
provide for minimum breaks or vacation time. At the end of August,
168,000 of the 373,000 foreign healthcare and domestic workers had
applied for coverage under the Employment Services Act.
There were no plans to increase the minimum monthly wage of
NT$17,280 (approximately $535) or the minimum hourly wage of NT$104
($3.22). While sufficient in less expensive areas, the minimum wage did
not assure a decent standard of living for a single income family in
urban areas such as Taipei. Labor rights activists alleged any benefit
to foreign workers from previous increases to the monthly minimum wage
largely had been offset by CLA's decision to allow employers to
increase the maximum monthly deduction for room and board by NT$1,000
($33). The average manufacturing wage was more than double the legal
minimum wage, and the average wage for service industry employees was
even higher.
Legal working hours were 336 hours per eight--week period (for an
average of 42 hours per workweek). A five-day workweek has been
mandated for the public sector, and according to a CLA survey, more
than half of private sector enterprises also reduced the normal
workweek to five days.
The law provides standards for working conditions and health and
safety precautions and gives workers the right to remove themselves
from dangerous work situations without jeopardy to continued
employment. There was widespread criticism that the CLA did not
effectively enforce workplace laws and regulations. In the first half
of the year, CLA's 300 inspectors conducted 58,315 inspections, a
decrease of 44 percent from the same period in 2007. Those 300
inspectors were responsible for inspecting approximately 300,000
enterprises covered by the Occupational Safety and Health Law. Labor
NGOs and academics alleged that the labor inspection rate was far too
low to serve as an effective deterrent against labor violations and
unsafe working conditions.
Regulations require intensified inspection and oversight of foreign
labor brokerage companies. NGOs reported that labor brokers and
employers regularly imposed high fees on foreign workers, frequently
using the debt as a tool for involuntary servitude, and that foreign
workers were unwilling to report employer abuses for fear the employer
would terminate the contract and forcibly deport them, leaving them
unable to pay back debt accrued to brokers or others. In January the
CLA amended regulations governing the payment of wages to foreign
workers to prevent employers from deducting foreign brokerage and other
fees not in accordance with their contracts.
To curb illegal salary deduction, in January the CLA announced that
an employer may only deduct labor insurance fees, health insurance
premiums, income taxes, and meal and lodging fees from the wages of a
foreign worker. Violators face fines of NT$60,000 to 300,000
(approximately $1,875 to 8,375) and lose hiring privileges.
In January the CLA opened a Foreign Worker Direct--Hire Service
Center. The center allowed local employers to rehire their foreign
employees, especially caregivers, without a broker. NGOs, however,
argued that procedures to rehire employees through the center were too
complicated, discouraging most employers from using its services. Since
February the amended Regulations Governing Employers for the Hiring of
Foreign Workers allows foreign workers to change their employer/job
with fewer area and frequency restrictions.
The NIA is responsible for all immigration-related policies and
procedures for foreign workers, foreign spouses, immigrant services,
and repatriation of illegal immigrants.
Foreign workers, not victims of trafficking or employer abuse,
deemed to have worked illegally faced heavy fines, mandatory
repatriation, and a permanent ban on reentering Taiwan.
__________
FIJI
Fiji is a constitutional republic with a population of
approximately 828,000. The constitution provides for a ceremonial
president selected by the Great Council of Chiefs and an elected prime
minister and parliament. However, in 2006 the armed forces commander,
Commodore Voreqe Bainimarama, overthrew the elected government in a
bloodless coup d'etat. In January 2007 the interim military government
was replaced by a nominally civilian interim government (``the interim
government'') headed by Bainimarama as prime minister. Bainimarama and
his Military Council controlled the security forces.
The interim government denied citizens the right to change their
government peacefully. The judiciary was subject to political
interference. The interim government engaged in intimidation of the
media and restricted the right to assemble peacefully. Other problems
during the year included poor prison conditions, attacks against
religious facilities, government corruption, deep ethnic divisions,
violence and discrimination against women, and sexual exploitation of
children.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
security forces were implicated in one unlawful killing. On July 28,
police and prison officers beat Josefa Baleiloa, an escaped prisoner,
while they were recapturing him. He fell into a coma as a result and
died on September 16. The police commissioner announced that an
investigation would be undertaken, but there were no results by year's
end.
On April 23, the High Court convicted three police officers of the
murder of Tevita Malasebe, who died in police custody in June 2007, and
sentenced them to life imprisonment. Five additional defendants were
acquitted. Trials for military and police officers charged in the
deaths of Nimilote Verebasaga in January 2007 and Sakiusa Rabaka in
February 2007 remained pending.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and other Cruel, Inhuman, or Degrading Treatment or
Punishment.--While the constitution prohibits such practices, the
security forces did not always respect this prohibition in practice.
The military in some cases assisted the Fiji Independent Commission
against Corruption (FICAC) to investigate allegations of corruption,
and there were reports that members of the military detained and
assaulted civilians to obtain evidence in corruption cases. In December
one FICAC case from Labasa was dismissed after witnesses told the
magistrate that their statements were obtained after they were
assaulted by military personnel.
By year's end there had not been any government investigation into
the injuries, including skull fractures, sustained by businessman Ballu
Khan during his November 2007 arrest for allegedly planning to
assassinate interim Prime Minister Bainimarama (See Section 1.d).
Prison and Detention Center Conditions.--Prison conditions did not
meet international standards. The national prison system was seriously
underfunded, with deteriorating infrastructure and poor delivery of
essential services. The system had insufficient beds, inadequate
sanitation, and a shortage of basic necessities. There were a large
number of prison escapes during the year. The pretrial detention
facility at Suva's prison remained closed due to its substandard
condition.
In some cases pretrial detainees and convicted prisoners were held
together. Courts released pretrial detainees, including some facing
serious charges, on bail to minimize their exposure to an unhealthy and
overcrowded prison environment.
Family members were routinely permitted to visit prisoners.
The interim government permitted prison visits by independent human
rights observers. During the year the International Committee for the
Red Cross (ICRC) visited official detention facilities and interviewed
detainees.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, but the Government did not always
respect this prohibition in practice.
Role of the Police and Security Apparatus.--The Ministry of Home
Affairs, headed by the interim minister for defense, oversees the Fiji
Police Force, which is responsible for law enforcement and the
maintenance of internal security. Historically responsible for external
security, the Republic of Fiji Military Force (RFMF) maintained that it
has a broad constitutional responsibility for national security that
also extends to domestic affairs. Many constitutional scholars in the
country rejected that assertion.
Police maintained a network of stations and posts throughout the
country. Policing of more remote and smaller islands was done through
regularly scheduled visits. In 2006 the RFMF established a joint
military and police command center based at the Suva Central Police
Station, blurring the lines of authority between the two forces.
Military personnel were assigned to accompany police patrols and
jointly man police checkpoints.
The police internal affairs unit is statutorily responsible for
investigating complaints of police misconduct. FICAC continued
investigating public agencies and officials, including some members of
the police and military forces. However, impunity and corruption
remained problems.
Arrest and Detention.--By law police officers may arrest persons
without a warrant for violations of the penal code. Police also arrest
persons in response to warrants issued by magistrates and judges.
Arrested persons must be brought before a court without ``undue
delay,'' normally interpreted to mean within 24 hours, with 48 hours as
the exception. Detainees have the right to a judicial review of the
grounds for their arrest. There was a well-functioning bail system.
Detainees generally were allowed prompt access to counsel and
family members. However, some journalists and others detained for short
periods after criticizing the interim government were denied prompt
access to a lawyer. For example, a journalist detained in August in
Labasa after writing an article deemed by the Government to be a threat
to national security was denied access to a lawyer or family members
and told she would be allowed such access only after answering police
questions.
The Legal Aid Commission provided counsel to some indigent
defendants in criminal cases, a service supplemented by voluntary
services from private attorneys.
On November 12, a High Court judge ruled that the police and RFMF
had violated businessman Ballu Khan's rights, including his right to
counsel, during his arrest in November 2007 and subsequent detention on
charges of attempting to assassinate Bainimarama. The judge also found
that the authorities used excessive force during Khan's arrest. He
ordered a permanent stay on all proceedings against Khan in the case.
The courts had a significant backlog of cases, and processing was
slowed by, among other things, a shortage of prosecutors and judges. As
a result some defendants faced lengthy pretrial detention.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, but during the year the interim government
interfered with judicial independence in practice.
The country's judicial structure is patterned on the British
system. The principal courts are the magistrates' courts, the High
Court, the Court of Appeal, and the Supreme Court. In addition to its
jurisdiction in civil and criminal cases, the High Court has special-
interest jurisdiction on behalf of the public and is empowered to
review alleged violations of individual rights.
On December 5, suspended Chief Justice Daniel Fatiaki, whom the
Government had accused of misconduct, resigned. The interim government
reached an agreement with Fatiaki whereby he agreed to resign and
withdraw legal proceedings he had initiated against the Government, and
the Government in turn agreed to terminate its misconduct proceedings
against him. President Ratu Josefa Iloilo appointed Acting Chief
Justice Anthony Gates as chief justice to replace Fatiaki.
In February the Judicial Services Commission, upon which then
acting chief justice Gates sat, appointed five judges from the High
Court to sit also on the Court of Appeal. Prior to these appointments,
judges on the Court of Appeal (primarily foreign nationals) did not
concurrently sit on the High Court.
In February and November the interim government prohibited an
International Bar Association delegation from visiting the country to
evaluate the independence of the judiciary. The interim government also
reiterated its refusal to allow the UN Special Rapporteur on the
Independence of Judges to visit the country for the same purpose.
Except for the Family Court, Employment Court, and various
administrative tribunals, there are no special civilian courts.
Military courts try members of the armed forces, and there is an
internal police tribunal mechanism.
Trial Procedures.--The constitution provides for the right to a
fair trial. Defendants have the right to a public trial and to counsel,
and the court system generally enforced these rights in practice. The
Legal Aid Commission, supplemented by voluntary services of private
attorneys, provided free counsel to some indigent defendants in
criminal cases. Most cases were heard in the magistrates' courts, but a
case cannot be tried in a magistrate's court without the defendant's
consent. Absent such consent, cases are tried in the High Court. Trials
in the High Court provide for the presence of assessors, typically
three, who are similar to jurors but only advise the presiding judge.
Defendants enjoy a presumption of innocence and may question witnesses,
present evidence on their own behalf, and access government-held
evidence relevant to their case. The right of appeal exists but often
was hampered by delays in the process.
The law extends these rights to all citizens.
The military court system provides for the same basic rights as the
civilian court system, although bail is granted less frequently in the
military system.
Political Prisoners and Detainees.--There were no reports of
political prisoners or long-term political detainees. Police detained
for short periods and questioned a number of journalists for reporting
critical of the interim government.
Civil Judicial Procedures and Remedies.--The law provides for an
independent and impartial judiciary in civil matters. There is access
to a court to bring lawsuits seeking damages for, or cessation of,
human rights violations. In the event of a human rights violation, an
individual also may make a complaint to the Fiji Human Rights
Commission (FHRC), which could resolve complaints through conciliation
without referring them to the courts. A number of court cases filed by
individuals and organizations negatively affected by the 2006 coup and
interim government policies, alleging violations of the constitution
and of human rights, remained pending at year's end.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, but the
interim government frequently ignored these prohibitions in practice.
The Government obtained private e-mail correspondence of anti-coup
activists, lawyers, and journalists without their consent and
circulated it publicly. The Government-appointed ombudsman and chair of
the FHRC used the e-mails in a report to criticize the e-mails'
authors.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, but the Government did not fully
respect these rights in practice.
The independent media were active and expressed a wide variety of
views; however, the Government warned media outlets against making
``inciting comments,'' and most practiced some degree of self-
censorship. The country's television news program production was owned
and operated by Fiji One, one of two national noncable television
stations. A trust operated by the Ministry of Fijian Affairs, on behalf
of Fiji's provincial councils, owned 51 percent of Fiji One; the
remainder was privately held. The Government owned the Fiji
Broadcasting Corporation, which operated six radio stations, and also
retained a shareholding of less than 20 percent in the Daily Post
newspaper.
During the year the Government harassed, intimidated, and in some
cases detained for questioning a number of journalists in response to
reporting which was critical of the Government. On February 12, three
newly appointed Court of Appeal judges summoned Leone Cabenatabua,
editor of the Fiji Sun newspaper, as well as Virisila Buadromo, head of
the Fiji Women's Rights Movement, before the court in response to an
article the Sun published in which Buadromo called the judges'
appointments illegal. Cabenatabua and Buadromo were given verbal
warnings, but no charges were brought against them. On August 2, police
arrested and interrogated Isaac Lal of the Daily Post about an article
linking a recaptured escapee, Josefa Baleiloa, to an alleged plot to
assassinate national leaders. Lal was picked up after the police
spokeswoman complained about being misquoted in the article; he was
released later that evening. Also in August, police in Labasa detained
for questioning and threatened Fiji Times reporter Serafina Silaitoga,
who was five months pregnant at the time, after she reported on
critical comments made by businessman and former member of Parliament
Charan Singh regarding then finance minister Mahendra Chaudhry. She was
held overnight and released without charge. Police also arrested Singh
for allegedly making seditious comments against Chaudhry; he later was
also released without charge.
There were instances in which the Government attempted to impede or
censor journalists' news coverage. On January 25, police detained a
television news crew for five hours for ``disturbing police activity''
while filming a news segment on a public sidewalk. In June police
prohibited a television station from broadcasting an interview with the
son of a prominent politician on the grounds that the interview
contained ``inciteful comments.'' Police obtained warrants and seized
the original recording of the interview. On December 15, immigration
authorities prohibited a foreign journalist from entering the country,
based on a secret military ``watch list.'' The journalist had been
placed on the list in July after filing a story that the military
characterized as ``negative.'' The journalist was detained overnight in
an immigration holding center, prevented from seeing consular staff
that came to offer assistance, and placed on a flight to her home
country. The Department of Immigration subsequently announced that
foreign journalists would require clearance from the Department of
Information before making arrangements to come to the country.
The Media Council, a voluntary private watchdog group of media and
academic figures, receives and seeks to resolve complaints of bias and
malfeasance within the media.
Legislation pertaining to the press is contained in the Newspaper
Registration Act and the Press Correction Act. Under these acts all
newspapers must register with the Government before they can publish.
The acts give the minister of information sole discretionary power to
order a newspaper to publish a ``correcting statement'' if, in the
minister's view, a false or distorted article was published. A
newspaper refusing to publish the minister's correction may be sued in
court and, if found guilty, fined. Individuals in such cases may be
fined, imprisoned for six months, or both. These laws authorize the
Government to arrest any person who publishes ``malicious'' material.
This would include anything the Government considers false, likely to
create or foster public alarm, or result in ``detriment'' to the
public. However, this authority has never been used.
In March then finance minister Mahendra Chaudhry filed a libel suit
against the Fiji Times newspaper for allegedly defaming him by
identifying him as the target of a tax evasion investigation; the case
was pending at year's end.
In November the interim government pursued contempt of court
proceedings against the Fiji Times and the Daily Post newspapers after
they published a letter to the editor criticizing a High Court decision
upholding the interim government's legitimacy. Although both newspapers
subsequently published an admission they were in contempt, the
Government asked the court to impose fines and jail terms on the
newspapers' publishers and editors. The cases were pending at year's
end.
The 1992 Television Decree permits the Government to influence
programming content. The Government did not attempt to use this
programming authority during the year.
The interim government forcibly deported the publishers of the
country's two largest circulation daily newspapers during the year,
ostensibly on national security grounds. On February 28, the Government
deported foreign citizen Russell Hunter, publisher of the Fiji Sun,
stating that he had conducted himself in a manner prejudicial to
national security. On May 2, the Government deported Fiji Times
publisher Evan Hannah, also a foreign citizen, on the same grounds.
Both men were taken from their homes by police and immigration
officials. The Fiji Times obtained a timely court order prohibiting
Hannah's deportation, but the interim government continued with the
deportation; the authorities were served with copies of the court
order, but claimed the officers carrying out the deportation did not
receive a copy prior to placing Hannah on a flight out of the country.
Both newspapers filed legal challenges to the deportations, which were
scheduled to be heard in 2009. At a meeting with editors and news
managers following Hannah's deportation, Bainimarama threatened to
close down the two newspapers if they continued their trend of
``negative reporting.''
Internet Freedom.--There were no government restrictions on general
public access to the Internet, but evidence suggested that the interim
government monitored the private e-mail of its citizens (See Section
1.f).
The Internet was widely available and used in and around urban
centers, and the majority of the population lived in areas with
Internet coverage. However, low-income persons generally could not
afford individual service, and other public access was very limited.
Access outside urban areas was minimal or nonexistent.
Academic Freedom and Cultural Events.--Academic freedom was
generally respected; however, government work permit stipulations
prohibit foreigners from participating in domestic politics. University
of the South Pacific contract regulations effectively restrict most
university employees from running for or holding public office or
holding an official position with any political party.
A national youth meeting planned by the Young People's Concerned
Network, whose executive body included students at the university, was
cancelled after the organization received threatening calls from
police.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly, but the
interim government interfered with this right in practice. Although
some civic organizations were granted permits to assemble, permits for
all political demonstrations and marches were denied. The police
commissioner and the ombudsman discouraged public dissent and
politically oriented public gatherings by warning that security forces
would actively enforce the public order laws.
In April police detained and questioned 17 activists who were
holding a vigil outside the Chinese embassy in support of Tibet; police
stated that the participants did not have a permit for the protest. The
activists were released after approximately seven hours.
Freedom of Association.--The constitution provides for freedom of
association. During the year the interim government did not restrict
persons from joining nongovernmental organizations (NGOs), professional
associations, or other private organizations.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice. Some municipal restrictions on opening hours for businesses
during Christmas and Easter were imposed on all communities, not just
those that were predominantly Christian.
Societal Abuses and Discrimination.--Racial polarization was
reflected in religious differences, which were largely along ethnic
lines; this contributed to political problems. Most ethnic Fijians were
Christians, and most Indo Fijians were Hindu, with a sizable minority
of Muslims. The dominant Methodist Church has closely allied itself
with the interests of the pro-indigenous--Fijian movement.
Break-ins, vandalism, and arson directed at houses of worship,
predominantly Hindu temples, were common. The attacks were broadly
viewed as reflections of intercommunal tensions, although there was
often evidence that theft was a contributing factor. There was no known
Jewish community, and there were no reports of anti--Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, but the interim government frequently restricted or
denied these rights in practice.
The interim government maintained a list of persons banned from
leaving the country, including the suspended chief justice prior to his
resignation, human rights activists, and lawyers. Names on the list
were not made public; travelers discovered their inclusion when they
were turned back by airport immigration authorities. Some persons
prohibited from leaving the country challenged the ban in court in
2007, and these cases remained pending at year's end.
The Government provided nominal cooperation with the Office of the
UN High Commissioner for Refugees and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the interim government did not
use it during the year.
Protection of Refugees.--The country is a party to the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol,
but until 2008 the country's laws did not specifically provide for the
granting of refugee status or asylum. In February the Government
published a notice authorizing the entry into force of refugee-related
provisions of the 2003 Immigration Act. However, by year's end the
Government had not established a system for providing protection to
refugees. The Government does not have an established procedure for
providing protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Although the constitution provides citizens the right to change
their government peacefully, the country was ruled by a military-backed
interim government following the military overthrow of the popularly
elected government in December 2006.
Elections and Political Participation.--The most recent elections,
held in 2006, were judged generally free and fair. Party politics was
largely race based, although this did not limit participation in the
political process. The governing Soqosoqo Duavata ni Lewenivanua (SDL)
party was primarily ethnic Fijian, and the Fiji Labour Party (FLP), the
second-largest party, was primarily Indo--Fijian, although both parties
had membership across racial lines. After the elections the SDL
established a multiparty cabinet with the FLP as required by the
constitution. This government was removed by the RFMF under the
leadership of Commodore Bainimarama during the 2006 coup.
At year's end the country continued to be governed by the military-
led, nominally civilian government established in January 2007 by
Bainimarama. Parliament remained suspended, and the Great Council of
Chiefs (suspended in April 2007 by Bainimarama) had not been
reconvened. There was little progress toward scheduling elections and
returning to a democratically elected government.
On September 5, former prime minister Laisenia Qarase and five
fellow SDL parliamentarians lodged with the police allegations of
treason against Bainimarama, his cabinet, 14 senior military officers,
the police commissioner, and the head of the country's Catholic Church.
The police commissioner stated that the police would not investigate
the allegations, and by year's end no investigation had been
undertaken.
On October 9, the High Court dismissed a case brought by Qarase
challenging the legality of the 2006 coup and of the interim
government. The court held that the president's appointment of an
interim government following the military coup was legally valid. On
October 31, Qarase's SDL party filed an appeal of the High Court
decision, which was pending at year's end.
There was one woman in the nine-member interim government cabinet.
Women played important roles in the traditional system of chiefs and
could be chiefs in their own right.
At year's end there was one Indo--Fijian minister in the interim
cabinet and no other minority ministers. Indo--Fijians, who accounted
for 38 percent of the population, continued to be underrepresented at
senior levels of the civil service and greatly so in the military.
Indo--Fijians comprised approximately 35 percent of the civil service
overall.
The political primacy of indigenous Fijians is to some extent
enshrined in the constitution, which mandates that 14 of Parliament's
32 senators be appointed by the indigenous Fijian Great Council of
Chiefs, a hereditary body, and one by the Rotuma Island Council. The
remainder is appointed by the Government and opposition. This
arrangement essentially ensured indigenous Fijians effective control in
the Senate. The constitution establishes a 71-member lower house with
25 seats open to any ethnicity and 46 seats allocated to the different
ethnic communities. Of the 46 communal seats, 23 are allotted to
indigenous Fijians, 19 to Indo--Fijians, three to ``general voters''
(for the most part mixed-race, Caucasian, and East Asian voters), and
one to Rotumans (an ethnically distinct Polynesian group). These
allotments were generally proportional to the ethnic composition of the
country's population in 1996, but the constitution does not provide for
future changes in the allotments to reflect changes in the composition
of the population.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, corruption, including
within the civil service, has been a significant problem for post-
independence governments, and officials frequently engaged in corrupt
practices with impunity.
Despite measures by the interim government during the year to
combat corruption within the bureaucracy, systemic corruption
continued. In the absence of parliamentary oversight and other checks
and balances, much government decision making was not transparent. The
media raised numerous allegations of nonaccountability, abuse of
office, fraud, nepotism, misuse of public property, financial
mismanagement, failure to complete statutory audits, and conflicts of
interest regarding officials and ministries during the year. The
auditor general announced that in the absence of a sitting Parliament,
audit reports would be compiled but would not be made public.
Under the interim government, many military personnel were
appointed to positions within government ministries, the diplomatic
corps, the police, and other agencies, ostensibly to improve the
inefficient bureaucracy.
Public officials are not subject to financial disclosure laws.
FICAC, created by the interim government in 2007, is the primary body
responsible for combating government corruption.
In February then finance minister Mahendra Chaudhry was named in
press reports as having been investigated for tax evasion by the Fiji
Islands Revenue and Customs Authority (FIRCA) in 2007. Several FIRCA
employees involved in the investigation who were fired in 2007 alleged
that they were fired to protect Chaudhry; the Government denied their
allegations. On February 25, the prime minister stated that an
independent inquiry into the matter had concluded that Chaudhry did not
violate the tax laws. In August Chaudhry resigned from the cabinet for
unrelated reasons.
In March former prime minister Qarase was charged with abuse of
office related to business transactions prior to becoming prime
minister. In May FICAC charged Qarase with further abuse of office
during his tenure as prime minister; he was released on bail, and the
case was pending at year's end.
Although the 1997 constitution instructs Parliament to enact a
freedom of information law as soon as practicable, no such law has been
enacted. The interim government was frequently unresponsive to public
requests for government information. On December 31, the interim
cabinet approved an amendment to a government decree allowing FICAC to
prosecute the offense of ``misconduct in public office.'' The amendment
gives FICAC authority to prosecute civil servants who divulge
confidential government information to non-civil servants.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The interim government continued to scrutinize the operations of
local and international NGOs, engendering a climate of uncertainty
within the NGO community. Most NGOs practiced varying degrees of self-
censorship. Government officials were only cooperative and responsive
to the views of NGOs that avoided criticizing the coup and the interim
government.
There were several NGOs that concentrated on a variety of local
human rights causes, such as the Regional Rights Resource Team, the
Pacific Center for Public Integrity, the Citizens' Constitutional
Forum, the Fiji Women's Rights Movement, and the Fiji Women's Crisis
Center. A number of UN organizations concerned with human rights had
regional offices in the country and sought to work with the Government
on various human rights issues. The ICRC continued to operate in the
country.
The interim government directed all those claiming human rights
violations to report them to the FHRC. The FHRC received and reviewed
reports of human rights violations and requests for assistance. During
the year, however, the FHRC did not publish the results of any
investigations into post-coup human rights abuses allegedly perpetrated
by the interim government.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, sex, place
of origin, ethnicity, sexual orientation, color, primary language,
economic status, age, or disability. The Government generally enforced
these provisions effectively, although there were problems in some
areas.
Women.--Rape, domestic abuse, incest, and indecent assault were
significant problems. The penal code provides for a maximum punishment
of life imprisonment for rape; however, most rapes were prosecuted in
the magistrates' courts, which have a sentencing limit of 10 years.
There were inconsistencies in the sentences imposed for rape by
different magistrates; sentences generally ranged from one to six
years' imprisonment. The Fiji Women's Rights Movement and the Fiji
Women's Crisis Center pressed for more consistent and severe
punishments for rape. The Court of Appeal has ruled that 10 years is
the minimum appropriate sentence in child rape cases. Women's activists
continued to press for the formal criminalization of spousal rape,
which is not a specific offense; however, husbands have been convicted
of raping their wives.
Although there is no specific law against domestic violence, it can
be prosecuted as assault. Police claimed to practice a ``no-drop''
policy, under which they pursued investigations of domestic violence
cases even if a victim later withdrew her accusation. However, women's
organizations reported that although police generally were more
responsive to domestic violence cases than in the past, they were not
always consistent. Courts dismissed some cases of domestic abuse and
incest or gave the perpetrators light sentences. Incest was widely
believed to be underreported. Traditional practices of reconciliation
between aggrieved parties were sometimes taken into account to mitigate
sentences in domestic violence cases. An active women's rights movement
sought to raise public awareness about domestic violence.
Four women's crisis centers funded by foreign governments operated
in the country. The centers offered counseling and assistance to women
in cases of domestic violence, rape, and other problems, such as child
support.
Prostitution is illegal, but it occurred, particularly in cities.
Sex tourism is prohibited by law but reportedly occurred, particularly
in tourist centers such as Nadi and Savusavu, including cases involving
children. Taxi drivers, hoteliers, bar workers, and others reportedly
acted as middlemen, facilitating the commercial sexual exploitation of
children.
The Human Rights Commission Act specifically prohibits sexual
harassment, and criminal laws against ``indecent assaults on females''
prohibit offending the modesty of women and have been used to prosecute
sexual harassment cases. Under a new employment relations law that came
into effect in April, sexual harassment in the workplace is a specific
ground of complaint that can be filed by workers.
Women have full rights of property ownership and inheritance but
often were excluded from the decision-making process on disposition of
communal land, which constituted more than 80 percent of all land. Many
women were successful entrepreneurs. Other than a prohibition on
working in mines, there were no legal limitations on the employment of
women. Women generally were paid less than men for similar work.
According to the Asian Development Bank, approximately 30 percent of
the economically active female population was engaged in the formal
economy, and a large proportion of these women worked in
semisubsistence employment or self-employment.
Children.--The Government devoted approximately 25 percent of the
national budget to education and also worked to improve children's
health and welfare. School is mandatory until age 15, but the inability
of some families to pay for uniforms, school fees, and bus fares
limited attendance for some children.
Corporal punishment was common both in homes and in schools,
despite a Ministry of Education policy forbidding it in the classroom.
Increasing urbanization, overcrowding, and the breakdown of traditional
community and extended family-based structures led to an increasing
incidence of child abuse and appeared to be factors that increased a
child's chance of being exploited for commercial sex. Child
prostitution was reported among high school students and homeless and
jobless urban youth.
Under the penal code, commercial sexual exploitation of children is
a misdemeanor, punishable by sentences of up to two years'
imprisonment. Children's rights advocates criticized this as inadequate
and called for more severe criminal sanctions.
Increasing urbanization led to more children working as casual
laborers, often with no safeguards against abuse or injury.
Trafficking in Persons.--The law prohibits trafficking in persons,
with penalties of up to 20 years' imprisonment and fines up to
F$750,000 (approximately $426,000) for convicted traffickers. Several
citizens of China who entered Fiji on student visas and were arrested
for prostitution may have been trafficked. However, no further
investigations were conducted before the women were deported to their
country of origin. There were some reports of commercial sexual
exploitation of children within the country during the year.
The Government did not sponsor or provide assistance to any
programs specifically designed to combat or prevent trafficking in
persons.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--All persons are considered equal under
the law, including persons with disabilities. Discrimination against
persons with disabilities in employment, education, provision of
housing and land, or provision of other state services is illegal. In
addition the law provides for the right of access to places and all
modes of transport generally open to the public and obliges proprietors
of such places and services to ``facilitate reasonable access for
disabled persons to the extent provided by law.'' Public health
regulations provide penalties for noncompliance; however, there was
very little enabling legislation on accessibility for persons with
disabilities, and there was little or no enforcement of laws protecting
them. Building regulations require new public buildings to be
accessible to persons with disabilities, but only a few existing
buildings met this requirement. There were only a small number of
disabled-accessible vehicles in the country. There were a number of
community organizations to assist those with disabilities, particularly
children.
Most persons with mental disabilities were separated from society
and typically were supported at home by their families.
Institutionalization of persons with severe mental disabilities was in
a single overcrowded, underfunded public facility in Suva. There were a
number of special schools for persons with physical, cognitive, and
sensory disabilities; however, costs and location limited access.
Opportunities for a secondary school education for those with
disabilities were very limited.
The Government-funded Fiji National Council for Disabled Persons
worked to protect the rights of persons with disabilities. Several NGOs
also promoted attention to the needs of persons with various
disabilities.
National/Racial/Ethnic Minorities.--Tension between ethnic Fijians
and Indo--Fijians has been a longstanding problem. The constitution
notes that ``the composition of state services at all levels must be
based on the principle of reflecting as closely as possible the ethnic
composition of the population,'' but a nonjusticiable compact in the
constitution also cites the ``paramountcy'' of Fijian interests as a
guiding principle. The compact also provides for affirmative action and
``social justice'' programs to ``secure effective equality'' for ethnic
Fijians and Rotumans, ``as well as for other communities.'' The compact
chiefly benefited the indigenous Fijian majority. The interim
government publicly stated its opposition to such policies, which it
characterized as racist, and called for the elimination of
discriminatory laws and practices that favor one race over another;
however, as of year's end, they remained in place.
Prior to the 2006 coup, most post-independence governments pursued
a policy of political predominance for ethnic Fijians. Land tenure
remained a highly sensitive and politicized issue. Ethnic Fijians
communally held approximately 87 percent of all land, the Government
held approximately 4 percent, and the remainder was freehold land,
which private individuals or companies may hold.
Ethnic Fijians' traditional beliefs, cultural values, and self-
identity are closely linked to the land. Most cash-crop farmers were
Indo--Fijians, the majority of whom are descendants of indentured
laborers who came to the country during the British colonial era.
Virtually all Indo--Fijian farmers were obliged to lease land from
ethnic Fijian landowners. Many Indo--Fijians believed that their very
limited ability to own land and their consequent dependency on leased
land from indigenous Fijians constituted de facto discrimination
against them. A pattern of refusals by ethnic Fijian landowners to
renew expiring leases continued to result in evictions of Indo--Fijians
from their farms and their displacement to squatter settlements. This
situation contributed significantly to communal tensions. Many
indigenous Fijian landowners in turn believed that the rental formulas
prescribed in the national land tenure legislation discriminated
against them as the resource owners.
Other Societal Abuses and Discrimination.--The constitution
prohibits discrimination on the basis of sexual orientation. The
preexisting penal code criminalizes homosexual acts between males, but
the judiciary has held these provisions to be unconstitutional.
There was some societal discrimination against homosexuals and
persons with HIV/AIDS, although there was no systemic discrimination.
There were no known cases of violence directed at homosexuals or
persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The constitution and law protect the
rights of workers to form and join unions, elect their own
representatives, publicize their views on labor matters, and determine
their own policies, but the authorities did not always respect all of
these rights in practice.
In December Tevita Koroi, president of the Fijian Teachers
Association, was suspended from his position as principal of Nasinu
Teachers College and charged with disciplinary offenses after making
public statements critical of the interim government. Viti Civil
Servants Union president Taniela Tabu received threats after making
similar critical statements.
An estimated 31 percent of the work force was unionized. All unions
must register with, but are not controlled by, the Government. A new
employment law implemented in April gives unions the right to appeal to
the Employment Relations Tribunal against an adverse decision by the
trade union registrar. While some unions were ethnically based, most
were not, and both Indo--Fijians and ethnic Fijians held leadership
roles in the trade union movement.
Under the new employment law, it is an offense for an employer to
victimize any worker or make it a condition of employment for a worker
not to belong to a union. The law allows restrictions on the right of
association if necessary in the public interest or to protect national
security, and police, military, and prison personnel are prohibited
from forming or joining a union.
The law provides for the right to strike, except in the case of
police, military, and prison personnel; their working conditions are
covered under separate laws. Unions can conduct secret strike ballots,
but must give the registrar 21 days' notice. The Ministry of Labour
also must be notified and receive a list of all striking employees and
the starting date and location of the strike. This requirement is
intended to give organizers, unions, employers, and the ministry time
to resolve the dispute prior to a strike. To carry out a legal strike,
organizers of strikes in certain ``essential services'' must give an
employer an additional 28 days' notification.
The law permits the minister of labor to declare a strike unlawful
and refer the dispute to a permanent arbitrator; in these circumstances
workers and strike leaders can face criminal charges if they persist in
strike action.
There were strikes during the year, some of which were declared
unlawful by the Government and at year's end were in arbitration
proceedings.
b. The Right to Organize and Bargain Collectively.--Workers have
the right to organize and bargain collectively. However, wage
negotiations generally were conducted at the level of individual
companies rather than industry wide. Traditional key sectors of the
economy, including sugar and tourism, were heavily unionized. Although
the law allows unionization, union organizers' jobs were not protected,
resulting in low unionization in some sectors.
Under the new employment law, any trade union with six or more
members may enter into collective bargaining with an employer. The new
law allows individual employees as well as unions to bring a dispute
with employers before a permanent secretary for mediation. While
previously only unions could file such cases on behalf of their
members, the new law extends the same protection to nonunionized
workers, who made up the majority (approximately 70 percent) of the
work force. Individuals, employers, and unions on behalf of their
members may submit employment disputes and grievances alleging
discrimination, unfair dismissal, sexual harassment, or certain other
unfair labor practices to the Ministry of Labour. If mediation fails,
the authorities may refer the dispute to the Employment Relations
Tribunal; the tribunal's decision can be appealed to the Employment
Court (a division of the High Court) and from there to the Court of
Appeal and the Supreme Court.
Union organizers were occasionally vulnerable to dismissal or to
other interference by employers, particularly when operating on company
premises, although in theory they have legal protection.
Export processing zones (EPZs) are subject to the same laws as the
rest of the country. Labor groups reported continuing difficulties
organizing workers in the EPZs, however, due to fear of employer
reprisals. With the decline of the garment industry in the country, the
number of workers employed in the EPZs also declined significantly.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, including by children, but there
were reports of commercial sexual exploitation of children.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Inadequate enforcement of existing child labor regulations failed to
fully protect children from workplace exploitation. Under the law
children under age 12 may not be employed except in a family-owned
business or agricultural enterprise. Children between ages 12 and 15
may be employed on a daily wage basis in nonindustrial work not
involving machinery, provided they return to parents or guardian every
night. Persons between the ages of 15 and 17 may be employed in certain
occupations not involving heavy machinery; however, they must be given
specified hours and rest breaks. The Ministry of Labour deployed
inspectors nationwide to enforce compliance with labor laws, including
those covering child labor. However, there was no comprehensive
government policy to eliminate the worst forms of child labor. During
the year migration of rural youth to urban areas continued, and youths
continued to find employment in the informal sector, including work as
shoeshine boys, casual laborers, and prostitutes. There were reports of
commercial sexual exploitation of children during the year.
e. Acceptable Conditions of Work.--There was no single, national
minimum wage, although the Wages Councils set minimum wages for certain
sectors. Entry-level wages in unregulated sectors, especially service
industries, provided a sparse and often only marginally adequate
standard of living for a worker and family. There is no single national
limitation on maximum working hours for adults; however, there are
restrictions and overtime provisions in certain sectors. Workers in
some industries, notably transportation and shipping, worked excessive
hours.
There are workplace safety laws and regulations, and a worker's
compensation act. Safety standards apply equally to citizens and
foreign workers; however, government enforcement suffered from a lack
of trained personnel and delays in compensation hearings and rulings.
Unions generally monitored safety standards in organized workplaces,
but many work areas did not meet standards and not all were monitored
by the Ministry of Labour for compliance. The law accords employees the
right to remove themselves from a hazardous worksite without
jeopardizing their employment, but most feared the loss of their jobs
if they did so.
__________
INDONESIA
Indonesia is a multiparty democracy with a population of
approximately 245 million. Susilo Bambang Yudhoyono became the first
directly elected president in free and fair elections in 2004. Civilian
authorities generally maintained effective control of the security
forces, although the fact that the Indonesian Armed Forces (TNI)
continued to be partly self financed weakened this control.
The Government generally respected the human rights of its citizens
and upheld civil liberties. Nonetheless, there were problems during the
year in the following areas: killings by security forces; vigilantism;
harsh prison conditions; impunity for prison authorities and some other
officials; corruption in the judicial system; limitations on free
speech; societal abuse and discrimination against religious groups and
interference with freedom of religion, sometimes with the complicity of
local officials; instances of violence and sexual abuse against women
and children; trafficking in persons; child labor; and failure to
enforce labor standards and worker rights.
Basic freedoms have expanded since 1999, and during the year the
Government took significant measures to advance human rights and
consolidate democracy including the public trial and sentencing of 13
marines in connection with the May 2007 Alastlogo clash; some
prosecutions of high-level officials for corruption; President
Yudhoyono's acknowledgement and acceptance of the conclusion and
recommendation of the Indonesia/Timor-Leste Commission on Truth and
Friendship that Indonesian security forces bore institutional
responsibility for 1999 human rights abuses and should undergo enhanced
human rights training; and the Supreme Court reinstated the 20-year
sentence against Pollycarpus Prianto for the 2004 killing of Munir Said
Thalib.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
there were reports of killings by security force personnel.
On February 2, Indonesian Armed Forces (TNI) personnel from the 731
Kabaresi Infantry Battalion attacked Masohi Police Station in Masohi
City, Central Maluku, in response to reports that the police had
detained a TNI member. Two police officers and one soldier were killed.
Ten TNI personnel were questioned following the incident, and the
battalion commander was relieved of command. Prosecutors recommended
that two members of 731 Kabaresi Infantry Battalion, Syukur Yadhi and
Taufik Tamagola, be sentenced to 15 months in prison and that three
others be sentenced to 18 months. At year's end a trial was ongoing.
On April 23, forest rangers in Sekidang Forest, Bojonegoro
District, East Java, shot at a group of farmers for cutting brush for
firewood, killing two and badly injuring a third. The trial for the
head of the forestry management unit, Supriyanto, began on September 2,
on charges of torture and murder.
On August 9, Opinus Tabuni, a Papuan man, was shot and killed
during a peaceful rally in Wamena. A National Human Rights Commission
(Komnas HAM) investigation team and forensic evidence linked the
killing to the TNI.
On or about October 17, one of the organizers of a demonstration in
Jayapura, Yosia Syet of Sentani, was killed. A hospital autopsy
concluded he had died as a result of torture. Security forces were
alleged to have killed another Papuan demonstrator, Martinus Grewas, in
Sorong.
On May 17, the Padang Military Court in West Sumatra sentenced
Lieutenant Colonel Untung Sunanto to four years in prison and dismissed
him from the military in connection with the May 2007 killing of Rusman
Robert. Sunanto appealed the conviction.
On August 14, in connection with the May 2007 clash in Alastlogo
village in which four persons were killed and eight injured, the
Surabaya Military Tribunal sentenced 10 marines to 18 months in prison.
Three other defendants--platoon commander Lieutenant Budi Santoso,
Private First Class Suyanto, and First Corporal Suratno--were sentenced
to three years, two years, and one year respectively. They were also
discharged from the military.
A TNI member and a civilian were arrested in connection with the
September 2007 clashes between police and TNI personnel in Ternate,
North Maluku, that left two police officers dead, two injured, and two
TNI personnel injured. The police reported that individuals had been
sentenced to prison in connection with the clashes, but additional
details were not disclosed.
There were no developments in the following 2006 cases: the January
shooting in Paniai, Papua, which killed one and injured two others; the
March death of a man on a motorcycle in Peudawa, East Aceh; and the
July alleged killing in Keude Paya Bakong, North Aceh.
On January 25, the Supreme Court reaffirmed the conviction of
Pollycarpus Budihari Priyanto and sentenced him to 20 years in prison
for the 2004 murder of Munir Said Thalib. On February 11, former Garuda
Airlines director Indra Setiawan was sentenced to a year in prison for
abetting the murder. In June retired army general Muchdi
Purwoprandjono, who was deputy head of the National Intelligence Agency
at the time of the killing, was arrested on charges of planning Munir's
murder. On December 31, the South Jakarta District court acquitted
Muchdi of all charges. The prosecution reportedly planned to appeal.
Komnas HAM reopened investigations into the 1999 killing of four
demonstrators at Jakarta's Semanggi intersection and the 1998 killing
of four students at Trisakti University and nine demonstrators at
Semanggi intersection. In a departure from past practice, one retired
general and some retired police officers cooperated with a Komnas HAM
investigation into the 1989 Talangsari massacre. Komnas HAM resubmitted
its findings to the Attorney General's Office (AGO), but the AGO
returned the documents to Komnas HAM as ``incomplete.''
On March 23, in West Timor a group of youths allegedly stabbed and
killed Paulino Lopes, a former refugee from East Timor. In response the
Lopes family reportedly gathered a mob of former refugees who burned 11
houses in a neighboring village. The TNI restored order. No arrests
were made.
On November 8, Ali Gufron, Imam Samudra, and Amrozi Nurhasyim were
executed for their roles in the 2002 Bali bombing.
b. Disappearance.--The Government reported little progress in
accounting for persons who disappeared in previous years or in
prosecuting those responsible for such disappearances. The criminal
code does not specifically criminalize disappearance.
On April 1 and 28, Komnas HAM resubmitted its 2006 report on the
1998 abductions of 12 to 14 prodemocracy activists to the AGO. Despite
refusals from military personnel to cooperate in the investigation,
Komnas HAM concluded that all victims still missing were dead and
identified suspects for an official investigation without publicly
releasing their names. During 2006-07 the AGO took no action, stating
that it could not prosecute these crimes unless the House of
Representatives (DPR) declared them gross human rights violations. In
October a special committee of the DPR began conducting hearings into
the matter.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution states that every person shall have the
right to be free from torture, inhuman, and degrading treatment. The
law criminalizes the use of violence or force by officials to elicit a
confession, punishable by up to four years in prison, but the criminal
code does not specifically criminalize torture. In previous years law
enforcement officials widely ignored, and were rarely tried, under this
statute. The Government made some efforts to hold members of the
security forces responsible for acts of torture. For example on April
28, the Jambi District Court sentenced six police mobile brigade
officers to two months in prison each for torturing a Batanghari
University student. In 2007 the UN special rapporteur on torture,
Manfred Nowak, reported evidence of torture in many police detention
facilities in Java. Nowak reported torture was common in certain jails
and used to obtain confessions, punish suspects, and seek information
that incriminated others in criminal activity. Torture typically
occurred soon after detention. There were reports that detainees were
beaten with fists, sticks, cables, iron bars, and hammers. Some
detainees reportedly were shot in the legs at close range, subjected to
electric shock, burned, or had heavy implements placed on their feet.
A January/February survey by the Jakarta Legal Aid Institute of 412
respondents in various detention places found that acts of torture and
other ill treatment remained common. The survey also stated that 367 of
the respondents who were interrogated at police stations alleged abuse
during the arrest and interrogation process.
Police allegedly beat and kicked detainees following a July 19
demonstration in the western Papuan city of Fakfak. In October, 17
persons were detained and allegedly beaten in Jayapura following a
demonstration. One of the organizers of the demonstration according to
a hospital autopsy died as a result of torture.
On October 8, the Banda Aceh District Court sentenced four police
officers to three months in jail each for beating and sexually abusing
two gay men in January 2007 in Banda Raya, Nanggroe Aceh Darussalam.
The two gay men were physically and verbally abused by their neighbors
and then arbitrarily arrested, beaten, and sexually abused by police.
During the year 36 persons were publicly caned in Aceh under the
local Shari'a (Islamic law) for gambling. Unlike in the previous year,
according to the Aceh Shari'a Court, there were no cases of caning for
consuming alcohol or being alone with persons of the opposite sex.
On May 8, police cadets in Semarang, Central Java, tortured
classmate Tri Pramuda Siburian in the police academy dormitory
compound. The victim's hands were handcuffed from behind and he
suffered beatings, cigarette burns, and electric shocks. The police
academy governor dismissed one cadet, delayed graduation for five
cadets, and demoted 22 to a lower class.
On May 12, senior cadets at the Maritime Higher Education and
Training Institute, beat and killed cadet Agung B. Gultom. On December
10, the Central Jakarta District Court sentenced three students,
Lasmono, Anggi Dwi Wicaksono, and Hari Nugraha, to five years in prison
in the beating death.
On February 1, five fellow students were sentenced to eight month
prison terms for the April 2007 beating death of Cliff Muntu at the
Government's Institute for Public Administration.
On May 30, the chief warrant officer of Malang Military subdistrict
command Masu'udi tortured Mujib, a local civilian. On June 16, the
hospitalized Mujib died from his injuries. Masu'udi was detained for 21
days in the military subdistrict command post; additional information
on his punishment was not publicly available.
There were instances in which police failed to respond to mob or
vigilante violence. Mobs carried out vigilante justice, but reliable
statistics on such actions were not available. Incidents of theft or
perceived theft triggered many such incidents. During a June 1
propluralism demonstration, Islamic militants attacked the
demonstrators, some of whom were injured. The police allegedly did
little to protect the demonstrators. During the September trial of the
militant leaders, their followers allegedly attempted to physically
intimidate and attack prosecution witnesses. Again the police were said
to have done little to protect the witnesses.
Prison and Detention Center Conditions.--Conditions at the
country's 397 prisons and detention centers were harsh. Overcrowding
was widespread. In Java occupancy frequently was two or three times
more than recommended capacity. According to a UN official, nationally
the designed capacity was for 70,000 inmates but there were 136,000.
Guards regularly extorted money from and mistreated inmates. There were
widespread reports that the Government did not supply sufficient food
to inmates, and family members often brought food to supplement their
relatives' diets. Family members reported that prison officials often
sought bribes to allow relatives to visit inmates. Unruly detainees
were held in solitary confinement for up to six days on a rice-and-
water diet.
By law, children convicted of serious crimes should serve their
sentences in juvenile prisons. However, according to a November 2007
statement by the UN special rapporteur on torture, children were
incarcerated with adults in both pretrial detention centers and in
prisons. In theory prisons held those convicted by courts, while
detention centers held those awaiting trial; however, in practice
pretrial detainees at times were held with convicted prisoners.
On September 22, a prison guard at Abepura Prison outside Jayapura
beat prisoner Ferdinand Pakage, who suffered injuries to his arms,
legs, and head, and lost sight in his right eye. Abepura Prison was
overcrowded and deteriorating with many poorly trained personnel.
There were no official restrictions on prison visits by human
rights monitors, and prison officials granted varying degrees of
access, including to the International Committee of the Red Cross and
to the UN.
d. Arbitrary Arrest or Detention.--The law contains provisions that
protect against arbitrary arrest and detention but lacks adequate
enforcement mechanisms, and some authorities routinely violated these
provisions.
Role of the Police and Security Apparatus.--The president appoints
the national police chief, subject to DPR confirmation. The police
chief reports to the president but is not a full member of the cabinet.
The national police force has approximately 350,000 personnel deployed
throughout the 33 provinces. The police maintain a centralized
hierarchy; locally deployed forces formally report to their national
headquarters, although during the year cooperation with local
governments increased. The military is responsible for external defense
but also has a residual obligation to support the police with its
domestic security responsibilities. In Aceh the Shari'a police, a
provincial body, is responsible for enforcing Shari'a law. During the
year the National Police arrested 378 officers for criminal
infractions. Of these, 198 were charged with misconduct and 161 were
dishonorably discharged; the others received administrative and
disciplinary punishments. The police continued to focus on improving
police professionalism and emphasizing law enforcement ethics. All
police training institutions include a human rights component in their
curricula. However, impunity and corruption remained problems in some
areas. Police commonly extracted bribes ranging from minor payoffs in
traffic cases to large bribes in criminal investigations.
According to the Indonesian Police Commission, 21,600 police
officers were ``legally processed'' for misconduct including violations
of police regulations, criminality, or violations of ethical standards
from January to June.
There have been no known developments in the August 2007 Maluku
Internal Investigation Division arrest of a police brigadier general in
connection with an allegation that he had committed torture using
electric shock.
Arrest and Detention.--The law provides prisoners with the right to
notify their families promptly and specifies that warrants must be
produced during an arrest. Exceptions are allowed if, for example, a
suspect is caught in the act of committing a crime. The law allows
investigators to issue warrants; however, at times authorities made
arrests without warrants. A defendant may challenge the legality of his
arrest and detention in a pretrial hearing and may sue for compensation
if wrongfully detained; however, defendants rarely won pretrial
hearings and almost never received compensation after being released
without charge. Military and civilian courts rarely accepted appeals
based on claims of improper arrest and detention. The law limits
periods of pretrial detention. Police are permitted an initial 20-day
detention, which can be extended to 60 days by the prosecutors while
the investigation is being completed; prosecutors may detain a suspect
for a further 30 days during the prosecution phase, and may seek a 20-
day extension from the courts. The district and high courts may detain
a defendant up to 90 days during trial or appeal, while the Supreme
Court may detain a defendant 110 days while considering an appeal. In
addition the court may extend detention periods up to an additional 60
days at each level if a defendant faces a possible prison sentence of
nine years or longer or if the individual is certified to be mentally
disturbed. During the year authorities generally respected these limits
in practice. The antiterrorism law allows investigators to detain any
person who, based on adequate preliminary evidence, is strongly
suspected of committing or planning to commit any act of terrorism for
up to four months before charges must be filed.
During his November 2007 visit, the UN special rapporteur on
torture found that in many instances the authorities did not grant
bail, frequently prevented access to defense counsel during
investigations, and limited or prevented access to legal assistance
from voluntary legal defense organizations. Court officials sometimes
accepted bribes in exchange for granting bail.
By law a suspect or defendant has the right to the legal counsel of
their choice at every stage of an investigation. Court officials will
provide free legal counsel to persons charged with offenses that carry
a death penalty or imprisonment of 15 years or more, or to destitute
defendants facing charges that carry a penalty of five years or more.
Suspects have the right to bail and to be notified of the charges
against them.
e. Denial of Fair Public Trial.--The law provides for judicial
independence; however, in practice the judiciary remained susceptible
to influence from outside parties, including business interests,
politicians, and the military. Low salaries continued to encourage
acceptance of bribes, and judges were subject to pressure from
government authorities, which appeared to influence the outcome of
cases.
Under the Supreme Court are general, religious, military, and
administrative courts. The Supreme Court normally considers only the
lower courts' application of the law. Another avenue for appeal,
judicial review, allows the Supreme Court to revisit cases that have
already been decided (including by the Supreme Court itself), provided
there is new evidence that was not available during earlier trials.
Parallel to the Supreme Court is the Constitutional Court, which is
empowered to review the constitutionality of laws, settle disputes
between state institutions, dissolve political parties, resolve certain
electoral disputes, and decide allegations of treason or corruption
against the president or vice president. The Constitutional Court
demonstrated significant independence and continued to overturn
legislation that it found unconstitutional. During the year the
Constitutional Court found provisions of the election law to be
unconstitutional.
In September 2007 the Corruption Eradication Commission (KPK)
arrested, for accepting a bribe, Irawady Joenoes, a member of the
Judicial Commission, which among other things proposes candidates for
the Supreme Court justices and monitors its performance. On March 14,
the anticorruption court sentenced Joenoes to eight years' imprisonment
and a fine of 400 million rupiah ($40,000). An appeals court reduced
Joenoes' sentence to six years, and at year's end the Supreme Court was
considering a further appeal. The anticorruption court reached verdicts
more quickly, had a higher conviction rate, and issued longer sentences
than the normal court system. The proposed requirement that corruption
defendants wear special prisoner uniforms and have their hands cuffed
during judicial procedures has been criticized as a violation of the
presumption of innocence.
Widespread corruption throughout the legal system continued. Bribes
and extortion influenced prosecution, conviction, and sentencing in
civil and criminal cases. In 2007 the National Ombudsman Commission
reported receiving 218 complaints of judicial corruption involving
judges, clerks, and lawyers. Key individuals in the justice system were
accused of accepting bribes and of turning a blind eye to other
government offices suspected of corruption. Legal aid organizations
reported that cases often moved very slowly unless a bribe was paid.
With the Judicial Commission stripped of its powers, responsibility for
judicial supervision rests with the Supreme Court.
Apart from the handful of soldiers who were tried in human rights
courts, hundreds of low-level and sometimes mid-level soldiers were
tried in military courts, including for offenses that involved
civilians or occurred when soldiers were not on duty. If a soldier was
suspected of committing a crime, military police investigated and then
passed their findings to military prosecutors, who decided whether to
prepare a case. While administratively managed by the Supreme Court,
military prosecutors were responsible to the TNI for the application of
laws. The Supreme Court exercises administrative control over civil,
military, and religious courts. A three-person panel of military judges
heard trials, while the High Military Court and the Primary Military
Court heard appeals. Some civilians criticized the short length of
prison sentences imposed by military courts. TNI legal officials noted
that all personnel sentenced to terms of three months or longer,
regardless of their record or length of service, were discharged from
military service. Human rights nongovernmental organizations (NGOs)
complained that the military judicial process was not transparent and
that they were unable to confirm any cases of military personnel who
committed human rights violations serving time for their crimes. NGO
sources said that military court proceedings all the way to the Supreme
Court were not public. The trials of the marines charged in the May
2007 Alastlogo killings were public (See Section 1.a.).
Four District Courts located in Surabaya, Makassar, Jakarta, and
Medan are authorized to adjudicate cases of gross human rights
violations. By year's end only the Makassar and Jakarta courts had
adjudicated such cases. The law provides for each court to have five
members, including three non-career human rights judges, who are
appointed to five-year terms. Verdicts can be appealed to the standing
appellate court and the Supreme Court. The law provides for
internationally recognized definitions of genocide, crimes against
humanity, and command responsibility, but it does not include war
crimes as a gross violation of human rights.
Under the Shari'a court system in Aceh, 19 district religious
courts and one court of appeals heard cases. The courts heard only
cases involving Muslims and used decrees formulated by the local
government rather than the penal code. Critics argued that Shari'a
regulations were procedurally ambiguous. For example, whether
defendants had a right to legal aid was unclear and was inconsistently
implemented. Although Shari'a cases were supposed to be tried in closed
hearings, during the year there were numerous problems with trial
proceedings going forward in open court.
Trial Procedures.--The law presumes that defendants are innocent
until proven guilty. Defendants have the right to confront witnesses
and call witnesses in their defense. An exception is allowed in cases
in which distance or expense is deemed excessive for transporting
witnesses to court; in such cases sworn affidavits may be introduced.
However, the courts allowed forced confessions and limited the
presentation of defense evidence. Defendants have the right to avoid
self-incrimination. In each of the country's 755 courts, a panel of
judges conducts trials by posing questions, hearing evidence, deciding
on guilt or innocence, and imposing punishment. Both the defense and
prosecution can appeal.
The law gives defendants the right to an attorney from the time of
arrest and at every stage of examination and requires that defendants
in cases involving capital punishment or a prison sentence of 15 years
or more be represented by counsel. In cases involving potential
sentences of five years or more, the law requires that an attorney be
appointed if the defendant is indigent and requests counsel. In theory
indigent defendants may obtain private legal assistance, and NGO lawyer
associations provided free legal representation to indigent defendants.
In some cases procedural protections, including those against forced
confessions, were inadequate to ensure a fair trial.
On April 7, militia commander Eurico Guterres, who had been
sentenced to 10 years in prison in connection with atrocities that
occurred during 1999 in Timor-Leste, was released from prison based on
new evidence that reportedly proved his innocence.
Political Prisoners and Detainees.--During the year at least 30
Papuan independence activists, including a 16-year-old boy, were in
detention for flag raising. Filep Karma and Yusak Pakage remained in
detention serving 15 and 10 years respectively for their role in a flag
raising. Individuals in Malaku, including Johan Teterisa who received a
life sentence, were also given long sentences for flag raisings. They
were charged with incitement of hatred and rebellion. The number of
flag raisings increased after the issuance of a government regulation
that banned the use of separatist-linked regional symbols.
In October 2007 the authorities arrested Papuan human rights
activist Iwanggin Sabar Olif on suspicion of incitement of hatred and
defamation for forwarding text messages. In December 2007 Olif was
charged with incitement to hatred. Some observers believed he was
singled out for arrest for his human rights activities. He received
regular access to legal counsel. At year's end Olif remained under
house arrest, and his trial was ongoing.
Civil Judicial Procedures and Remedies.--The civil court system can
be used to seek damages for victims of human rights violations;
however, corruption and political influence limited access of victims
to this remedy.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law requires judicial warrants for searches except
for cases involving subversion, economic crimes, and corruption. The
law also provides for searches without warrants when circumstances are
``urgent and compelling.'' Security officials occasionally broke into
homes and offices. Authorities occasionally conducted warrantless
surveillance on individuals and their residences and monitored
telephone calls. Corrupt officials sometimes subjected migrants
returning from abroad, particularly women, to arbitrary strip searches,
theft, and extortion.
In some parts of the country, particularly in Kalimantan and Papua,
residents believed that government-sponsored transmigration programs,
which move households from more densely populated areas to less
populated regions, interfered with their traditional ways of life, land
usage, and economic opportunities. Although the number of new persons
in transmigration was significantly less than in previous years, the
Government continued to support approximately 8,600 households moved in
2007 from overpopulated areas to 403 isolated and less-developed areas
in 20 provinces.
The Government used its authority, and at times intimidation, to
expropriate land for development projects, often without fair
compensation. In other cases state-owned companies were accused of
endangering resources upon which citizens' livelihood depended. A
presidential decree on land acquisition for public use allows the
Government to acquire land for private development projects even if
landowners have not agreed on the amount of compensation. A number of
NGOs argued that the decree served the interests of wealthy developers
at the expense of the poor.
Land disputes continued to generate charges of unfair evictions and
the use of excessive force by security officials. During the year there
was a significant decrease in evictions of squatters living on
government land and of street vendors. The NGO Poor People's Alliance
reported that approximately 12,000 persons were evicted from their
homes or informal businesses during the year. The NGO Jakarta Legal Aid
estimated that security officials evicted 5,935 persons from the North
Jakarta turnpike during 2007, compared with 6,000 in all of Jakarta in
2006.
On July 23, in Tanah Runtu, Central Kalimantan, police detained
five local residents because of a land dispute between local residents
and a palm oil company. At year's end two of them remained in police
custody.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and the law
provide for freedom of speech and freedom of the press; however, the
Government at times restricted these rights in practice. Politicians
and powerful businessmen filed criminal or civil complaints against
journalists whose articles they found insulting or offensive; some
journalists faced threats of violence. Nonetheless, a vigorous,
independent media operated in the country and expressed a wide variety
of views generally without restriction.
In 2006 and 2007 the Constitutional Court annulled or ruled
unconstitutional various provisions of the Criminal Code which provided
special protections to the president, the vice president, and the
Government. During the year a debate over revisions to the Criminal
Code that would restore a measure of protection against defamation
continued.
During the year authorities arrested at least 30 persons for
raising separatist flags in Papua. Although the Papua Special Autonomy
Law permits flying a flag symbolizing Papua's cultural identity, a
government regulation prohibits the display of the Morning Star flag in
Papua, the South Maluku Republic (RMS) flag in Maluku, and the Crescent
Moon flag in Aceh. On March 13, police arrested 12 persons in
Manokwari, West Papua, during a demonstration against the regulation.
On August 9, thousands of persons in Jayawijaya District, Wamena,
Papua, gathered to mark the International Day of the World's Indigenous
People. During the rally the Morning Star flag was raised, along with
the UN and Indonesian flags. Opinus Tabuni was shot and killed during
the demonstration. At year's end an investigation was still underway.
In April the Ambon District Court sentenced three persons, Ferdinan
Waas, Samual Hendriks, and Josias Sinay, to 10 years in prison for
their roles in the display of the RMS flag during a dance welcoming
President Yudhoyono to Ambon in June 2007. From October 2007 to June
2008, at least 55 alleged RMS separatists were sentenced, while five
others awaited verdicts.
On April 25, the RMS anniversary, the police imposed increased
security measures, and, unlike in previous years, there were no reports
of RMS flag raisings.
The Government continued to restrict foreign journalists, NGOs, and
parliamentarians from traveling to the provinces of Papua and West
Papua by requiring them to request permission to travel through the
Foreign Ministry or an Indonesian embassy. The Government approved some
requests and denied others. Some journalists traveled to Papua without
permission. There were no reports of restrictions on journalists
traveling to previous areas of conflict in Aceh, Maluku, North Maluku,
and Sulawesi.
Journalists faced widespread violence and intimidation. However,
the Alliance of Independence Journalists reported a slight decrease in
violence against journalists, with 60 cases this year, compared with 65
cases in 2007. Physical violence, threats, reportage prohibition, and
lawsuits contributed 21, 19, nine, and six cases respectively. Regional
election candidates committed 20 acts of violence against journalists;
state officials and police each contributed 11; the remaining acts of
violence against journalists involved judges and NGO activists.
Defamation and libel suits made investigative journalism
potentially expensive. Time magazine filed for judicial review of the
August 2007 Supreme Court decision awarding former President Suharto
one trillion rupiah ($100 million) in a libel suit against Time. At
year's end the decision has not been announced.
On July 3, the South Jakarta District Court ruled in favor of Riau
Andalan Pulp and Paper in a defamation lawsuit against Tempo magazine.
On September 9, the Central Jakarta District Court found Tempo
guilty of defaming agribusiness giant Asian Agri and ordered the
magazine to pay 50 million rupiah ($5,350) in damages and publish a
full-page apology in three newspapers in three consecutive editions.
The judges said Tempo damaged the company's reputation through its
investigative report of alleged tax evasion.
On September 20, four navy officers attacked an RCTI television
journalist who was covering a dispute between the navy officers and
security guards at a gas station in Tanjung Pinang City, Riau Islands.
The attack began when a sailor, queuing to refuel his motorcycle,
became enraged when told to move to another line by the gas station
security guard. Later that night the Tanjung Pinang Navy Military
Police arrested the four sailors.
On February 20, the Depok District Court sentenced Bersihar Lubis,
senior journalist of Koran Tempo daily newspaper, to one month in
prison for insulting the AGO in an article entitled ``The Story of
Stupid Interrogators.''
During the year the Government took no legal action against any
persons responsible for crimes committed against journalists in 2006
and 2007.
On June 20, the AGO banned a book, Genocide of Ethnic Melanesia:
Breaking the Silence on the History of Violence in West Papua, written
by Reverend Socratez Sofyan Yoman. The AGO said the book spread ``false
information to the public and can threaten national integrity and could
also cause unrest within society.''
Internet Freedom.--On March 25, the DPR passed the Information and
Electronic Transaction Law. The law, intended to combat online crime,
pornography, gambling, blackmail, lies, threats, and racism, prohibits
citizens from distributing in electronic format any information that is
defamatory and punishes transgressors with a maximum of six years in
prison or a fine of one billion rupiah ($100,000) or both. The
Information and Communication Ministry offered the public software to
block Web sites with adult content, available for download at its
official Web site.
On April 8, the Government temporarily blocked access to YouTube,
MySpace, and other Web sites showing an allegedly anti Islamic film
``Fitna'' that sparked widespread protests.
Internet cafes are required to provide the identities of Internet
users to a government agency on a monthly basis. Internet access is
widely available throughout the country.
Academic Freedom and Cultural Events.--On October 30, the DPR
passed an antipornography bill. Critics of the bill considered the
definition of pornography too broad and feared that it could be used to
justify attacks on artistic, religious, and cultural freedom. The bill
includes provisions that allow citizens to ``supervise'' adherence to
the law.
During the year the Government-supervised Film Censorship Institute
(LSF) continued to censor domestic and imported movies for content
deemed pornographic or religiously offensive, but no films were
prohibited from being shown by the central agency. On May 13, the
Council of Ulema urged the LSF to ban a film because it allegedly had
pornographic overtones and was insulting to women. On May 14, dozens of
university students protested in front of the LSF office demanding the
film be banned. The producer of the film, Indika Entertainment,
withdrew the film from distribution.
During the year alleged Islamic militants reportedly threatened a
film crew, forcing them to shut down production of a film about the
1965 coup and subsequent killings. The police chief in Surakarta,
Central Java, where the film was being made, was quoted as suggesting
that filmmakers should avoid ``sensitive topics.''
The AGO has the authority to monitor written materials.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
generally respected this right. The law generally does not require
permits for social, cultural, or religious gatherings; however, any
gathering of five or more persons related to political, labor, or
public policy requires police notification, and demonstrations require
a permit. In general these permits were granted routinely. During the
year police arrested participants in peaceful demonstrations that
included the display of illegal separatist symbols (See Section 2.a.).
On May 24, the South Jakarta District Police raided the National
University after students demonstrated against fuel price hikes. After
protesters attacked police with stones, bottles, and Molotov cocktails,
police reportedly reacted by kicking and hitting students as well as
destroying campus property. The Jakarta Police Internal Investigating
Division (Propam) found that six officers were suspected of brutality,
and Komnas HAM claimed that police committed human rights abuses in
arresting the students. The six officers reportedly were disciplined
with administrative sanctions.
On June 24, police used nonlethal methods to disperse a violent
demonstration in front of the parliament building against the fuel
price hike and subsequently in front of the Atmajaya University. At
least 1,000 students gathered at the gates of the parliament building
and brought down one of the side gates, demanding they be allowed to
take part in a plenary session being held to discuss fuel price policy.
Protesters also caused massive traffic jams by blocking a road and
burning tires. The demonstration was later moved in front of the
Atmajaya University and turned violent as students searched for
government cars before burning one vehicle. During the demonstration,
16 police officers and two journalists were injured, and eight police
cars were set on fire.
On some occasions police took no action to protect persons being
attacked by mobs. On June 1, the National Alliance for the Freedom of
Religion and Faith (AKKBB) rallied at the National Monument (Monas) in
Jakarta to show support for religious freedom. During the rally,
Islamic Defenders' Front (FPI) members attacked the AKKBB activists
with bamboo sticks, leaving more than 70 activists injured. Reports
said approximately 1,200 police officers were guarding the Monas area,
but the few present during the violence were unresponsive. Police did
not immediately make any arrests. Several days after the attack, police
raided FPI's headquarters in Central Jakarta and arrested 58 of the
group's members for attacking the AKKBB activists. Police released 48
persons without charge and later named 10 suspects, including FPI chief
Rizieq Shihab, Islam troop command chair Munarman, and eight other FPI
members. On October 30, Rizieq and Munarman were sentenced to 18 months
in prison for inciting violence and other crimes connected to the June
1 events. Prior to the convictions, FPI members attempted to intimidate
witnesses against their leaders. The police allegedly ignored the FPI
members' provocations.
Freedom of Association.--The law provides for freedom of
association, and the Government generally respected it in practice. The
People's Consultative Assembly banned the Indonesia Communist Party
(PKI) in 1966. In previous years persons accused of being affiliated
with the PKI were barred from the civil service and given special
numbers on their national identity cards.
On April 19, approximately 350 members of the Islamic sect
Ahmadiyya from 200 chapters across the country were forced to cancel
their national conference in Bali when the Bali police would not issue
them a permit (See Section 2.c.).
c. Freedom of Religion.--The constitution provides for ``all
persons the right to worship according to his or her own religion or
belief'' and states that ``the nation is based upon belief in one
supreme God.'' The Government generally respected the former provision.
Six faiths--Islam, Protestantism, Catholicism, Hinduism, Buddhism, and
Confucianism--received official recognition in the form of
representation at the Ministry of Religious Affairs.
On January 15, the Government-appointed Coordinating Board for
Monitoring Mystical Beliefs in Society recommended the Government
dissolve the Ahmaddiyah sect.
On June 9, the Government issued a decree prohibiting the
Ahmaddiyah from proselytizing and conducting religious activities, as
well as prohibiting vigilantism against the sect. The decree warned
Ahmaddiyah members against making their own interpretations of Islam
and against spreading their beliefs. Vice President Jusuf Kalla said
that the decree did not prohibit the Ahmadiyya from worshipping or
continuing to practice within its own community.
On September 1, the South Sumatra governor banned Ahmadiyyah and
any activities of the Indonesian Jamaah Ahmadiyyah organization in the
province.
Persons whose religion was not one of the six officially recognized
faiths had difficulty obtaining an identity card, which was necessary
to register marriages, births, and divorces. Men and women of different
religions experienced difficulties in marrying and in registering
marriages. The Government refused to register a marriage unless a
religious marriage ceremony had taken place. However, very few
religious officials were willing to take part in weddings involving
couples of different faiths. For this reason, some brides and grooms
converted to their partner's religion. Others resorted to traveling
overseas to wed.
The civil registration system continued to discriminate against
members of minority religions. Civil registry officials refused to
register the marriages or births of children of members of the Baha'i
faith and others because they did not belong to one of the six
officially recognized faiths. According to the Hindu association
Parisadha Hindu Dharma Indonesia, despite official recognition of their
religion, Hindus, particularly in North Lampung, Southeast Sulawesi,
Kalimantan, and some areas in East Java, sometimes had to travel
greater distances to register marriages or births because local
officials would not perform the registration.
During the Muslim fasting month of Ramadan, many local governments
ordered either the closure or limited operating hours for various types
of ``entertainment'' establishments, particularly bars and nightclubs
not located in five-star hotels. Government and mainstream Islamic
leaders called on fringe groups not to carry out vigilante closings of
establishments that violated these decrees, and these groups complied.
The Jakarta city administration issued a circular to all
entertainment center managers stipulating that karaoke and live music
venues could only operate between 8:30 p.m. and 1:30 a.m. during
Ramadan. The city tourism agency sealed seven entertainment centers and
reprimanded three that had violated the operating hours during Ramadan.
On September 24, police arrested dozens of FPI members who attacked
food stalls that were open during the day in Tasikmalaya, West Java.
Societal Abuses and Discrimination.--Throughout the year numerous
Ahmadiyya communities were attacked by vigilante groups, and over 20
mosques were forcibly shut down. A number of these incidents occurred
after the release of the July decree that banned attacks on the
religious group.
On July 25, the Arastamar Evangelical School of Theology, also
known as Setia College, was attacked by residents of Kampung Pulo
District, West Jakarta; 18 students were injured and several student
dormitories were damaged. Local residents claimed Setia students were
behind a rash of petty thefts and public disturbances. The school
temporarily relocated to another section of Jakarta, with 600 female
students living in tents at Cibubur campsite and male students
dispersed throughout the city. At year's end students continued to live
and take classes in five different locations in the city, often in poor
conditions. They have not been allowed to return to the campus to
retrieve their library, chairs, beds or other property.
On August 11, Father Benny Susetyo, secretary of the Interreligious
Commission of the Indonesian Bishops' Conference, was severely beaten
by unknown persons.
The Jewish population was approximately 15,000. During the year
there were no acts of physical violence or harassment of Jewish persons
and no acts of vandalism of Jewish community institutions, schools,
synagogues, or cemeteries.
In the context of the continuing Israel/Palestine conflict,
articles in the media and public statements by community leaders often
criticized Israeli policy using anti--Semitic rhetoric demeaning to
Jewish persons and Judaism. Although the Government promoted tolerance
education in primary schools, there was no specific curriculum devoted
exclusively to anti--Semitism education.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution allows the
Government to prevent persons from entering or leaving the country. The
Law on Overcoming Dangerous Situations gives military forces broad
powers in a declared state of emergency, including the power to limit
land, air, and sea traffic; however, the Government did not use these
powers. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Citizens enjoyed freedom of movement within the country and, with
few exceptions, were able to travel outside the country. During the
year the Government continued to restrict freedom of movement for
foreigners to Papua through a system of ``travel letters,'' but
enforcement was inconsistent.
The Government prevented at least 698 persons from leaving and
1,266 from entering the country in 2007. The immigration office
prevented these departures at the request of the police, the AGO, the
KPK, and the Department of Finance. Some of those barred from leaving
were delinquent taxpayers, convicted or indicted persons, and persons
otherwise involved in legal disputes.
The constitution prohibits forced exile, and the Government did not
use it.
Internally Displaced Persons (IDPs).--The Internal Displacement
Monitoring Center reported that there were between 150,000 and 250,000
IDPs in the country, between 30,000 and 150,000 were in Aceh, almost
all the result of the 2004 tsunami. A mud flow in Porong, East Java,
left 2,500 persons in camps.
Protection of Refugees.--The country is not a party to the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol,
the law does not provide for the granting of asylum or refugee status,
and the Government has not established a system for providing
protection to refugees. In practice the Government provided some
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened. Through the end of
August, there were 270 UNHCR recognized refugees and 224 asylum seekers
living in the country. Some were applicants, and others were
dependents. Most were from Sri Lanka, Iraq, Afghanistan, Somalia, or
Burma.
The above figures do not include 10,436 former refugees from East
Timor who resided in East Nusa Tengara at the end of 2006, according to
the East Nusa Tenggara Coordinating Unit for Disaster Management.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.
The constitution provides for national elections every five years.
DPR members automatically are members of the People's Consultative
Assembly, a fully elected body consisting of the 550 DPR members and
128 members of the House of Regional Representatives (DPD).
Elections and Political Participation.--In 2004 President Yudhoyono
became the country's first directly elected president in free and fair
elections.
Most instances of election-related violence involved supporters of
losing candidates attacking local election offices.
On September 29, the minister of home affairs installed Thaib
Armayn and Gani Kasuba as governor and deputy governor of North Maluku
following hotly disputed November 2007 elections. The election dispute
continued to fester, and on November 3, unknown parties detonated
explosions at the governor's residence, the regional government office,
and the regional legislative assembly.
In March the Supreme Court resolved another hotly disputed November
2007 gubernatorial contest by declaring Syahrul Yasin Limpo the
governor of South Sulawesi.
All adult citizens are eligible to vote except active members of
the military and the police, convicts serving a sentence of five years
or more, persons suffering from mental disorders, and persons deprived
of voting rights by an irrevocable verdict of a court of justice.
Married juveniles are legally adults and allowed to vote.
There are no legal restrictions on the role of women in politics.
During the year women held four of 36 cabinet seats. The election law
includes a nonbinding call for parties to select women for at least 30
percent of the candidate slots on their party lists. A political
parties law mandates that women make up 30 percent of the founding
members of a new political party. Women made up 11.3 percent of the
elected members of the DPR, 27 of the 128-member DPD were women, and
there was one female governor. Women held disproportionately few
leadership positions in local government in some provinces; for
example, in Aceh the highest positions held by women were two deputy
mayor and deputy regent positions.
In 2007 the Constitutional Court ruled that independent candidates
could run for local office and that a political party's nomination was
not required. In September the first gubernatorial election that
involved independent candidates was held in South Sumatra.
With the exception of Aceh Province, where non--Muslims were
effectively blocked from political office by a requirement that all
candidates must demonstrate their ability to read the Koran in Arabic,
there were no legal restrictions on the role of minorities in politics.
There were no official statistics on the ethnic backgrounds of
legislators in the DPR. President Yudhoyono's cabinet consisted of a
plurality of Javanese, with others being of Sundanese, Bugis, Batak,
Acehnese, Papuan, Balinese, and Chinese heritage.
Government Corruption and Transparency.--There was a widespread
domestic and international perception that corruption was a part of
daily life. Soon after taking office, the president established the
KPK, giving it a broad investigative mandate. During the year the KPK
arrested six members of parliament in separate investigations. In March
the KPK arrested Urip Tri Gunawan, a prosecutor in the AGO, for
receiving a 61-billion-rupiah ($8 million) bribe. On September 4, the
Anticorruption Court sentenced Urip to 20 years in prison.
On April 10, the KPK arrested Burhanuddin Abdullah, the then-
central bank head, for corruption related to an illegal payment to
parliament. During the year three members of parliament (MPs) were
found guilty and sentenced to three, four, and eight years in prison,
while three others were standing trial at year's end for receiving
money from government officials or private companies. One of the MPs,
Saleh Djasit, committed the offenses when he served as governor of Riau
Province.
At year's end the KPK was also investigating other high-level
officials, including two cabinet ministers. On September 15, the KPK
arrested a commissioner of the Business Competition Oversight Unit.
Earlier in the year, the KPK raided the Tax and Customs Office at the
country's largest port, exposing many corrupt practices and cash bribes
in office desks.
In 2006 the Constitutional Court ruled that the legal provision
creating the Anticorruption Court was unconstitutional but permitted
the court to continue functioning for three more years.
The country does have financial disclosure laws, but they are
limited in scope.
On April 3, the Government passed the Freedom of Information Act,
which acknowledges the right of citizens to access governmental
information and provides mechanisms through which citizens can obtain
such information. The law also provides for sanctions on public bodies
if they do not comply. The Alliance of Independent Journalists reported
no problems for the media in obtaining unclassified public documents
from the Government.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic human rights organizations operated throughout the country
and actively advocated for improvements to the Government's human
rights performance; however, they were subjected to monitoring,
harassment, and interference by the Government.
The Government met with local NGOs, responded to their inquiries,
and took some actions in response to NGO concerns.
The police, at the instruction of the president, vigorously
investigated the 2004 killing of human rights activist Munir Said
Thalib (See Section 1.a.).
On August 14, eight members of the Banda Aceh Legal Aid Institute
were sentenced to three months' imprisonment for distributing pamphlets
about land expropriations in July 2007.
NGOs in Papua continued to report widespread monitoring of their
activities by intelligence officials as well as threats and
intimidation. Activists reported that intelligence officers took their
pictures surreptitiously and sometimes questioned their friends and
family members regarding their whereabouts and activities.
The Government generally viewed outside investigations or foreign
criticism of its human rights record as interference in its internal
affairs. The security forces and intelligence agencies tended to regard
with suspicion foreign human rights organizations, particularly those
operating in conflict areas. Government monitoring of foreigners was
apparent in conflict areas. Some domestic human rights organizations
expressed concern about the possible negative consequences of
contacting foreigners. A number of government agencies and affiliated
bodies addressed human rights problems, including the Ministry of Law
and Human Rights, the Ministry of Foreign Affairs, the Ministry of
Women's Empowerment, the National Commission on Violence Against Women
(Komnas Perempuan), and Komnas HAM. In recent years Komnas HAM's
efforts to expose human rights violations and bring perpetrators to
account were undermined by a number of court decisions regarding its
jurisdiction or authority. During the year the AGO rebuked Komnas HAM's
recommendations to file charges in four incidents including Wamena--
Wasior, Trisakti, Semanggi I and II, and forced disappearances.
Parliament failed to approve formation of an ad hoc human rights
court that could investigate severe human rights violations that
occurred before 2000. Although the 2006 Law on the Government of Aceh
states that a human rights court would be established in Aceh, it was
not established by year's end.
On July 15, the Commission on Truth and Friendship (CTF),
established by the Governments of Indonesia and Timor-Leste in 2005 to
address human rights violations committed in Timor-Leste in 1999,
delivered its final report to the two governments' presidents. The
report recognized that gross violations of human rights occurred prior
to and immediately after the popular consultation in East Timor in
1999. The report's recommendations for Indonesia included a human
rights training program with emphasis that the military remain neutral
in political controversies and elections and enhanced authority for
institutions charged with investigation and prosecutions for human
rights violations. The Government disseminated the CTF recommendations
within the Government, and a variety of ministries began carrying out
the recommendations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution does not explicitly prohibit discrimination based
on gender, race, disability, language, or social status. It provides
for equal rights for all citizens, both native and naturalized.
However, in practice the Government failed to defend these rights
adequately.
Women.--The law prohibits domestic abuse and other forms of
violence against women. However, rape and domestic violence were
problems.
Reliable nationwide statistics on the incidence of rape continued
to be unavailable. The legal definition of rape is narrow and excludes
marital rape. Sentencing continued to be a problem. Although rape is
punishable by four to 12 years in prison, and the Government imprisoned
perpetrators for rape and attempted rape, most convicted rapists were
sentenced to the minimum or less.
Violence against women remained poorly documented. Nationwide
figures were unavailable. The National Commission on Violence Against
Women reported that in 2007 there were 25,522 cases of violence handled
by partner organizations across the country, and the local press
reported that violence against women continued to increase. Most NGOs
working on women and children's issues believed the real figure was far
higher, noting the tendency of many victims to keep silent. Komnas
Perempuan reported that domestic violence was the most common form of
violence against women, making up approximately 16,700 cases, or 76
percent of total cases. Two types of crisis centers were available for
abused women: government-run centers in hospitals and NGO centers in
the community. The East Java Social Department recorded that the number
of victims of violence against women was 2,554 victims in 2007 and 268
victims as of March.
Nationwide the police operated ``special crisis rooms'' or
``women's desks'' where female officers received criminal reports from
female and child victims of sexual assault and trafficking and where
victims found temporary shelter.
The legal distinction between a woman and a girl was not clear. The
law sets the minimum marriageable age at 16 for a woman (19 for a man),
but the Child Protection Law states that persons under age 18 are
children. A girl who marries has adult legal status. Girls frequently
married before reaching the age of 16, particularly in rural areas.
Female genital mutilation (FGM) was practiced in some parts of the
country, including West Java. Complications reportedly were minimal.
Some NGO activists dismissed any claims of mutilation, saying the
ritual as practiced in the country was largely symbolic. In 2007 the
minister of women's empowerment called for a complete ban of the
practice. In 2006 the Ministry of Health banned FGM by doctors and
nurses. However, symbolic female circumcisions that do not involve
physical damaging of the child could be carried out, and violators of
the ban did not face prosecution.
Prostitution is not specifically addressed in the law. However,
many officials interpreted ``crimes against decency/morality'' to apply
to prostitution. Prostitution was widespread and largely tolerated,
despite its contradiction with popular societal and religious norms.
During the year security forces reportedly participated in operating
brothels or protection rackets by shielding brothels from prosecution.
International sex tourism reportedly continued, especially on the
islands of Batam and Karimun and in major urban centers across the
country.
Although not explicitly mentioned, sexual harassment is against the
law and actionable under the criminal code.
The law states that women have the same rights, obligations, and
opportunities as men; however, it also states that women's
participation in the development process must not conflict with their
role in improving family welfare and educating the younger generation.
The marriage law designates the man as the head of the family. Women in
many regions of the country, particularly in Papua, complained about
differential treatment based on gender.
Although legal scholars believed that local governments lacked
authority to legislate on religious matters, local governments
continued to implement Shari'a-based local laws that many human rights
and women's activists believed discriminate against women. During the
year no new Shari'a-based local laws were passed. The central
government did not challenge the validity of those regulations passed
in previous years.
Divorce is available to both men and women. Many divorcees received
no alimony, since there was no system to enforce such payments. If
there is no prenuptial agreement, joint property is divided equally.
The law requires a divorced woman to wait a certain period of time
before remarrying; a man can remarry immediately. The Government
continued to implement Shari'a in Aceh. The impact of this
implementation varied across the province but, continuing the pattern
of the last few years, in general appeared to be less intrusive due to
improved government oversight of the Shari'a police. The most visible
impact on women's rights appeared to be the enforcement of dress codes.
It was not uncommon for Shari'a police to briefly detain women whose
dress did not conform to local Shari'a requirements and lecture them on
appropriate attire.
Local governments and groups in areas outside Aceh also undertook
campaigns to promote conformity by women with the precepts of Shari'a.
Vigilance in enforcing separation of sexes, fasting, and dress codes
increased during Ramadan.
Women faced discrimination in the workplace, both in hiring and in
gaining fair compensation. According to a 2007 International Trade
Union Confederation (ITUC) report, women on average earned 74 percent
of what men earned, were overrepresented in unpaid and lower-paid
positions in the informal sector, and held only 17 percent of
managerial positions. According to the Government, women constituted 43
percent of all civil servants but less than 7 percent of senior
officials. Some activists said that in manufacturing, employers
relegated women to lower-paying, lower-level jobs. Many female factory
workers were hired as day laborers instead of as full--time permanent
employees, and companies were not required to provide benefits, such as
maternity leave, to day laborers. By law if both members of a couple
worked for a government agency, the couple's head-of-household
allowance was given to the husband.
Organizations around the country promoting women's rights or
otherwise addressing women's issues during the year included Komnas
Perempuan, Solidaritas Perempuan, Mitra Perempuan, Jurnal Perempuan,
and LBH--Apik.
Children.--The Government stated its commitment to children's
rights, education, and welfare, but it devoted insufficient resources
to fulfill that commitment.
Although the law provides for free birth registration, it was not
enforced, and approximately 30 percent of citizen births were not
registered. It was often impossible to be certain of a child's age, and
ages were falsified on identity cards, sometimes with the cooperation
of government officials.
Although the law provides for free education, in practice most
schools were not free of charge, and poverty put education out of the
reach of many children. By law children are required to attend six
years of elementary school and three years of junior high school;
however, in practice the Government did not enforce these requirements.
Although girls and boys ostensibly received equal educational
opportunities, boys were more likely to finish school.
Monthly fees for public schools varied by province and were based
on average incomes. Tuition, transportation, and school materials could
cost a family between 4.5 and 8.3 million rupiah ($444-777) per year
for each primary and secondary student. In 2005 the International Labor
Organization (ILO) conducted a limited child labor survey in areas
within five provinces (North Sumatra, East Kalimantan, West Java, East
Java, and South Sulawesi) that revealed that one in five school-age
children from low-income families had no access to education and
experienced various kinds of exploitation at work--both in the formal
and informal sectors. The survey also found that of 2,438 school-age
children below 15 years of age, 19 percent were not attending school.
In Jakarta, the Education Department reported 6,959 students did not
attend school during the year, a somewhat lower figure than the 7,172
children who reportedly did not attend school in 2007.
Child labor and sexual abuse were serious problems. The Child
Protection Act addresses economic and sexual exploitation of children
as well as adoption, guardianship, and other problems; however, some
provincial governments did not enforce its provisions. Child abuse is
prohibited by law, but government efforts to combat it generally
continued to be slow and ineffective. NGOs reported excessively long
waits to bring a child rape case to court and unclear mechanisms for
reporting and dealing with child abuse. Commercial sexual exploitation
of children continued to be a serious problem. The number of child
prostitutes in the country was unclear, but the problem was widespread.
Many teenage girls were forced into or found themselves caught in debt
bondage. At times law enforcement officials treated child prostitutes
as criminals rather than victims. Corrupt civil servants issued
identity cards to underage girls, facilitating entry into the sex
trade. There also were reports of sexual exploitation of boys. The
country was a destination for child sex tourism. During the year NGOs
reported that long active pedophile rings continued to operate in Bali.
NGO observers said many girls were forced into prostitution after
failed marriages entered into when they were 10 to 14 years of age.
There was no obvious violation of the law because their paperwork
identified them as adults due to the fact that they were once married.
During the year national attention was focused on the problem of
child marriage following reports that a Muslim cleric married a 12-
year-old girl in Semarang, Central Java. Senior Muslim clerics strongly
criticized the marriage, and the cleric was investigated. On November
9, the National Commission for Child Protection persuaded the cleric to
return the child to her parents until she reaches 16 years of age. The
Commission was unable to annul the marriage.
The Government officially estimated that there were more than two
million child laborers in the country; other informed persons believed
the number to be much higher (See Section 6.d.).
A UN report found that juvenile detainees in prisons across Java
were subjected to harsh conditions. The report noted that children as
young as 10 were subjected to severe physical abuse by both police and
other inmates. Although children were detained in juvenile detention
centers, due to the high number of detainees children frequently were
mixed with the general population in both jails and prisons, increasing
the potential for abuse.
NGOs reported that the Government paid little attention to the
rights of juvenile offenders. Juveniles were held in the same detention
facilities as adults during pretrial and trial phases of detention and
frequently experienced abuse while in detention. Substantial numbers of
street children were apparent in Jakarta and the provinces of East
Java, West Java, North Sumatra, and South Sulawesi.
Surabaya, in East Java, was home to approximately 8,000 street
children, many reportedly susceptible to sexual abuse and violence.
Approximately 40 shelters in the province provided services to such
children. The Jakarta city government operated a shelter with capacity
for approximately 200 children. The Government continued to fund other
shelters administered by local NGOs and paid for the education of some
street children.
NGOs promoting children's rights included the Child Advocacy
Network, the National Commission on Child Protection, the Center for
Study and Child Protection, and the Foundation for Indonesian Child
Welfare.
Trafficking in Persons.--In March 2007 the Government enacted a
comprehensive antitrafficking law and took steps against corruption-
related complicity. The antitrafficking law outlaws all forms of
trafficking, including debt bondage and sexual exploitation, and
includes a comprehensive mandate for rescue and rehabilitation of
victims. It provides stiff penalties for officials and labor agents
complicit in trafficking. Penalties range from between three to 15
years in prison, with penalties for officials assessed at a rate one-
third higher. Provincial and local governments also significantly
increased efforts and resources to fight trafficking. The country's
embassies and consulates were active in rescuing and assisting victims.
The country remained a major source for international trafficking
in persons and faced a significant internal trafficking problem. It
also was a receiving country for trafficked prostitutes, although the
number was small relative to the number of citizen victims. The country
was not a major transit point for trafficking. Malaysia and Saudi
Arabia, as well as other countries in the Middle East and Asia, were
destinations, and there were some cases of alleged trafficking to the
United States. Prostitution, domestic servitude, and work in
restaurants and hotels were the primary purposes, with some forced
labor in construction and plantation work. All impoverished citizens
were potential victims, but boys and girls under age 18 and women of
all ages were most vulnerable. Victims were subjected to physical and
psychological abuse, sometimes resulting in death.
The sophisticated national trafficking network was decentralized
with neighborhood brokers trafficking victims to labor supply agencies
in large cities, which in turn sold victims to labor supply agencies in
receiving countries. Local government, immigration, and manpower
officials were complicit in the process. The domestic trafficking of
women and girls into prostitution operated in a similar manner. Local
officials, police, and military were complicit in this activity as
well.
Law enforcement against traffickers increased during the year:
arrests increased from 142 to 252; prosecutions from 56 to 109, and
convictions from 36 to 46. In 2007 the average sentence was 45 months
in prison. During the year the Government trained more than 1,000 law
enforcement officials on fighting trafficking, often in interagency
courses also attended by NGOs. The numbers of special antitrafficking
police and prosecutors increased. The National Plan of Action led to
more effective national coordination. During the year under the new
law, there were dozens of arrests of domestic and international
traffickers, and hundreds of victims were rescued. Major cases included
the rescue of several migrant workers trafficked to Iraq, 50 Chinese
nationals trafficked to Jakarta for purposes of prostitution, and six
enslaved children from a birds' nest factory in Jakarta.
The Government showed little interest in renegotiating a memorandum
of understanding (MOU) with Malaysia, which ceded the basic right of
workers' rights to hold their travel documents. Exploitation of workers
by manpower placement companies continued to be widespread. The
decentralized approach to rescuing, treating, and reintegrating victims
and inadequate funding for victim assistance hindered implementation of
the law. The national budget for trafficking remained far below needs.
There was no progress in stopping officials from abetting trafficking
in prostitution, for example, by falsifying documents. No action was
taken to protect women and children entrapped in debt bondage as
domestic servants within the country.
During the year NGO research in Papua and West Papua uncovered
widespread trafficking of girls and young women to energy and mining
industry centers for purposes of sexual exploitation. The study found
that in Timika, Papua, between 100 to 200 women and girls from North
Sulawesi and Java were trafficked to red light districts and bars. The
NGO rescued 31 women and girls from servitude. NGOs throughout Papua
and West Papua reported that military and police often were complicit
in trafficking and in protecting brothel owners and traffickers.
A national NGO documented 150 girls ages 14 to 16 trafficked to
illegal logging camps in West Kalimantan for purposes of sexual
exploitation, a practice that NGOs believed was common in many of these
isolated camps.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The Government classifies persons with
disabilities into four categories: blind, deaf, mentally disabled, and
physically disabled. The law prohibits discrimination against persons
with physical and mental disabilities in employment, education, access
to health care, or the provision of other state services. The law also
mandates accessibility to public facilities for persons with
disabilities; however, the Government did not enforce this provision.
Few buildings and virtually no public transportation facilities
provided such accessibility. The law requires companies that employ
more than 100 workers to set aside 1 percent of positions for persons
with disabilities. However, the Government did not enforce the law, and
persons with disabilities faced considerable discrimination.
In urban areas only a few city buses offered wheelchair access, and
many of those had their hydraulic lifts vandalized, rendering them
unusable. Few companies provided facilities for persons with
disabilities, and fewer companies employed such persons. Surabaya's
airport opened in 2006 and was not accessible for persons with
disabilities. Lack of funds was generally cited as the primary reason
for not improving accessibility.
In 2003 the Government stated the country was home to 1.3 million
children with disabilities; the actual number was believed to be much
higher. The law provides children with disabilities with the right to
an education and rehabilitative treatment. A government official
alleged that many parents chose to keep children with disabilities at
home; however, many schools refused to accommodate such children,
stating they lacked the resources to do so. According to the
Government, there were 1,568 schools dedicated to educating children
with disabilities, 1,202 of them run privately. Some young persons with
disabilities resorted to begging for a living.
The Ministry of Social Affairs is responsible for protecting the
rights of persons with disabilities.
National/Racial/Ethnic Minorities.--The Government officially
promotes racial and ethnic tolerance. Ethnic Chinese accounted for
approximately 3 percent of the population, played a major role in the
economy, and increasingly participated in politics. Instances of
discrimination and harassment of ethnic Chinese continued to decline
compared with previous years especially since passage of the 2006
citizenship law, which made it easier for ethnic Chinese to become
citizens. Recent reforms increased religious and cultural freedoms.
However, some ethnic Chinese noted that public servants still
discriminated against them when issuing marriage licenses and in other
services and often demanded bribes for a citizenship certificate,
although such certificates were no longer legally required. A number of
articles of law, regulation, or decree discriminated against ethnic
Chinese citizens. NGOs such as the Indonesia Anti Discrimination
Movement urged the Government to revoke the remaining discriminatory
articles.
Indigenous People.--The Government views all citizens as
``indigenous''; however, it recognizes the existence of several
``isolated communities'' and their right to participate fully in
political and social life. These communities include the myriad Dayak
tribes of Kalimantan, families living as sea nomads, and the 312
officially recognized indigenous groups in Papua. During the year
indigenous persons, most notably in Papua, remained subject to
widespread discrimination, and there was little improvement in respect
for their traditional land rights. Mining and logging activities, many
of them illegal, posed significant social, economic, and logistical
problems to indigenous communities. The Government failed to prevent
domestic and multinational companies, often in collusion with the local
military and police, from encroaching on indigenous peoples' land. In
Papua tensions continued between indigenous Papuans and migrants from
other provinces, between residents of coastal and inland communities,
and among tribes.
In Central Kalimantan relations between indigenous Dayaks and
ethnic Madurese transmigrants remained poor in the wake of interethnic
violence in 2001. Relations between the two groups also remained poor
in West Kalimantan, where former residents of Madurese descent were
obstructed in their attempts to reclaim their property.
Human rights activists asserted that the Government-sponsored
transmigration program transplanting poor families from overcrowded
Java and Madura to less populated islands violated the rights of
indigenous people, bred social resentment, and encouraged the
exploitation and degradation of natural resources on which many
indigenous persons relied. In some areas, such as parts of Sulawesi,
the Malukus, Kalimantan, Aceh, and Papua, relations between
transmigrants and indigenous people were poor.
Other Societal Abuses and Discrimination.--The October 30
antipornography law makes homosexual activity illegal. Violations can
be punished with from six months' to 12 years' imprisonment and fines
of 250 million to six billion rupiah ($22,500 to $540,000).
Stigma and discrimination against persons with HIV/AIDS were
pervasive. However, the Government encouraged tolerance, took steps to
prevent new infections, and provided free antiretroviral (ART) drugs,
although with numerous administrative barriers. The Government position
of tolerance was adhered to unevenly at all levels of society; for
example, prevention efforts often were not aggressive for fear of
antagonizing religious conservatives, and in addition to barriers to
access to free ART drugs, potential recipients had to pay medical fees
that put the cost beyond the reach of many.
Section 6. Worker Rights
a. The Right of Association.--The law provides broad rights of
association for workers, and workers exercised these rights. The law
allows workers to form and join unions of their choice without previous
authorization or excessive requirements, and workers did so in
practice. The law stipulates that 10 or more workers have the right to
form a union, with membership open to all workers, regardless of
political affiliation, religion, ethnicity, or gender. Private sector
workers are by law free to form worker organizations without prior
authorization, and unions may draw up their own constitutions and rules
and elect representatives. The Ministry of Manpower and Transmigration
records, rather than approves, the formation of a union, federation, or
confederation and provides it with a registration number. During the
year some unions reported local ministry offices prejudicially
recommended denial of registration. The vast majority of union members
belonged to one of three union confederations.
According to the ILO there were nearly 3.4 million trade union
members in 2005-06, representing about 10 percent of the formal sector,
or about 3.6 percent of the total workforce.
The law recognizes civil servants' freedom of association and right
to organize, and employees of several ministries formed employee
associations; union organizations sought to organize these workers.
Unions also sought to organize state-owned enterprise (SOE) employees,
although they encountered resistance from enterprise management, and
the legal basis for registering unions in SOEs remained unclear.
The law allows the Government to petition the courts to dissolve a
union if it conflicts with the state ideology or the constitution. A
union may also be dissolved if a union's leaders or members, in the
name of the union, commit crimes against the security of the state and
are sentenced to at least five years in prison. Once a union is
dissolved, its leaders and members may not form another union for at
least three years. There were no reports that the Government dissolved
any unions during the year.
Under the Manpower Development and Protection Act (the Manpower
Act), workers must give written notification to the authorities and to
the employer seven days in advance for a strike to be legal, specifying
the starting and ending time of the strike, venue for the action,
reasons for the strike, and including signatures of the chairperson and
secretary of the striking union. A ministerial regulation declares
illegal all strikes at ``enterprises that cater to the interests of the
general public or at enterprises whose activities would endanger the
safety of human life if discontinued.'' Types of enterprises included
in this classification are not specified, leaving it to the
Government's discretion. The same regulation also classifies strikes as
illegal if they are ``not as a result of failed negotiations'' and
gives employers leeway to obstruct a union's move to strike because
failure is classified as negotiations that lead to a deadlock
``declared by both sides.''
Before workers can strike, they must also engage in lengthy
mediation with the employer, beginning with bargaining and, if that
fails, proceed to mediation facilitated by a government mediator. The
ministerial regulation also provides that, in the case of an illegal
strike, an entrepreneur must make two written appeals within a period
of seven days for workers to return. Workers who do not respond to
those appeals are considered to have resigned. Such appeals were
commonly used by employers as intimidation tactics against strikers.
In practice strikes were prohibited in the public sector, in
essential services, and at enterprises that served the public interest.
The ITUC asserted that such practice clearly exceeded the definition of
acceptable prohibitions on strike action by the ILO Committee on
Freedom of Association, which has held that strikes may only be
restricted where there exists ``a clear and imminent threat to the
life, personal safety, or health of the whole or part of the
population.'' The prolonged, legally mandated mediation procedures that
must be followed before calling a strike were not enforced. As a result
strikes tended to be unsanctioned ``wildcat'' strikes that broke out
after a failure to settle long-term grievances or when an employer
refused to recognize a union.
The underpayment or nonpayment of legally required severance
packages precipitated strikes and labor protests. The international
labor rights organization Solidarity Center documented cases in which
foreign employers in the garment and footwear industry, faced with
falling orders and plant closures, fled the country to avoid making
legally required severance payments.
A South Korean-owned company, PT Sinar Apparel International, which
produced clothing for export, ceased operations in April. The factory
owner fled the country without paying severance pay to 1,021 workers.
The owner also did not pay social security payments to the Government
even though wages were cut for this, leaving workers without this
benefit.
On May 8, the SOE PT Angkasa Pura I dismissed union chairman Arif
Islam following a strike by hundreds of airport workers in Balikpapan
Sepinggan International Airport. The letter of dismissal said Arif had
violated the president director's circular on strikes.
Labor activists charged that managers in some locations employed
thugs to intimidate and assault trade union members who attempted to
organize legal strike actions, and at times the police intervened
inappropriately and with force in labor matters, usually to protect
employers' interests.
In April a gang of thugs attacked members of the Metal, Machine and
Electronic--Indonesian Prosperity Trade Union on strike at a garment
factory in Jakarta, injuring several workers. When union members
reported the incident, police told them to return to their jobs and
threatened them. The employer then threatened to terminate 227
strikers.
b. The Right to Organize and Bargain Collectively.--According to
the Manpower Ministry, approximately 25 percent of companies with more
than 10 employees had collective bargaining agreements. However, in
reality these agreements rarely went beyond the legal minimum
provisions set by the Government and often resulted from employers
unilaterally drawing up agreements and presenting them to workers'
representatives for signature rather than negotiation. The law allows
unions to conduct their activities without interference; however, the
Government often did not protect this right in practice. The law
provides for collective bargaining and allows workers' organizations
that register with the Government to conclude legally binding
collective labor agreements (CLAs) with employers and to exercise other
trade union functions. The law includes some restrictions on collective
bargaining, including a requirement that a union or unions represent
more than 50 percent of the company workforce to negotiate a CLA. The
Manpower Act, which regulates collective bargaining, the right to
strike, and general employment conditions does not apply to SOEs. Some
unions claimed that the law contains inadequate severance benefits and
protection against arbitrary terminations and does not sufficiently
restrict outsourcing and child labor. At year's end no implementing
regulations had been issued.
Company regulations, permitted under government regulations,
substituted for CLAs in the vast majority of enterprises, many of which
did not have union representation. The Manpower Act requires that
employers and workers form joint employer/worker committees in
companies with 50 or more workers, a measure to institutionalize
communication and consensus building.
Unions were directly affected by the increasing trend of using
contract labor. Under the Manpower Act, contract labor is supposed to
be used only for work that is ``temporary in nature.'' However,
according to the ITUC, many employers violated these provisions with
the assistance of local offices of the Manpower Ministry. There also
were credible reports of widespread use of vocational students under an
internship program, which appeared to violate labor laws and weaken
unions. Typically, companies declared bankruptcy in order to avoid
severance payments provided for under law, closed the factory for
several days, and then rehired workers as contract labor at a lower
cost. Union leaders and activists usually were not rehired.
The law prohibits antiunion discrimination by employers and others
against union organizers and members and provides penalties for
violations; however, the Government did not effectively enforce the law
in many cases. There were credible reports of employer retribution
against union organizers, including dismissals and violence that were
not prevented effectively or remedied in practice. Some employers
warned employees against contact with union organizers. Some unions
claimed that strike leaders were singled out for layoffs when companies
downsized. Legal requirements existed for employers to reinstate
workers fired for union activity, although in many cases the Government
did not enforce this effectively. According to the ITUC, legal
procedures were very long, with antiunion discrimination cases
sometimes taking up to six years. Bribery and judicial corruption in
workers' disputes continued, and decisions often were not in workers'
favor. While dismissed workers may be financially recompensed, they
were rarely reinstated.
Companies sometimes transferred union leaders to jobs where they
could not continue their union activities.
In May 2007, as part of a dispute between the management of a
European-owned hotel and union workers, management ceased transfer of
union dues and dismissed 24 union members including union officers. The
company said it was downsizing. Union officials were barred from
attending union meetings on hotel premises. The union has challenged
the firings in court. The case is still pending.
There are no special laws or exemptions from regular labor laws in
special economic zones (SEZs). However, nongovernmental observers,
including the Solidarity Center, described stronger antiunion sentiment
and actions by employers in SEZs. For example, employers in
manufacturing enterprises in the Batam SEZ tended to hire labor on two-
year contracts and favored workers under 24 years of age. Both
practices inhibited union formation.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced labor or compulsory labor, including by children; however, there
were reports that such practices occurred, including forced and
compulsory labor by children. The Government tolerated forms of
compulsory labor practiced in the migrant worker recruitment process.
The unscrupulous practices of migrant worker recruiting agencies, and
poor enforcement of government regulations, often led to debt bondage
and extended unlawful confinement. According to press reports and
research by Solidarity Center, recruiting agencies frequently kept
migrant workers in holding centers, for as long as 14 months in some
cases, before sending them abroad. While in the holding centers,
migrant workers normally did not receive pay, and recruiters often did
not allow them to leave the centers. In most instances workers were
forced to pay recruiters for the cost of their forced stay, resulting
in large debts to the recruiters. The Manpower Ministry took limited
measures to enforce labor laws that prevent employment agencies from
trafficking workers through debt bondage.
There was no progress in the renegotiation of a 2006 MOU with the
Government of Malaysia about Indonesian workers' conditions in
Malaysia. The MOU ceded some basic worker rights to employers,
particularly the right of workers to hold their own passports.
Girls and women employed as household servants often were held in
debt bondage.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits children from working in hazardous sectors and the worst
forms of child labor. However, the Government did not enforce these
laws effectively. Law, regulations, and practice acknowledged that some
children must work to supplement family incomes. The Manpower Act
prohibits the employment of children, defined as persons under 18,
except for those 13 to 15 years of age, who may work no more than three
hours per day and only under a number of other conditions, such as
parental consent, no work during school hours, and payment of legal
wages. The law does not appear to address exceptions for children ages
16 to 17. A strong legal framework and National Action Plans address
economic and sexual exploitation, including child prostitution, child
trafficking, and the involvement of children in the narcotics trade,
and provide severe criminal penalties and jail terms for persons who
violate children's rights. Implementation remained a problem.
Child labor remained a serious problem. An estimated six to eight
million children exceeded the legal three hour daily work limit,
working in agriculture, street vending, mining, construction,
prostitution, and other areas. More children worked in the informal
than the formal sector. Some children worked in large factories, but
their numbers were unknown, largely because documents verifying age
could be falsified easily. Children worked in industries such as rattan
and wood furniture, garment, footwear, food processing (e.g., bird nest
gathering), and toy making, and also in small scale mining operations.
NGOs documented hundreds of children ages 13 to 17 working in cottage
shoemaking industry in West Java. Many girls between 14 and 16 years of
age worked as live-in domestic servants. The ILO estimated that there
were 2.6 million domestic workers in the country, of whom at least
688,000 were under age 18. Many child servants were not allowed to
study and were forced to work long hours, received low pay, and
generally were unaware of their rights. The law and regulations
prohibit bonded labor by children; however, the Government was not
effective in eliminating forced child labor, which remained a serious
problem. A significant number of children worked against their will in
prostitution, pornography, begging, drug trafficking, domestic service,
and other exploitive situations, including a small number on fishing
platforms.
Despite legislative and regulatory measures, most children who
worked, including as domestics, did so in unregulated environments.
Anecdotal evidence suggested that local labor officials carried out few
child labor investigations.
e. Acceptable Conditions of Work.--Provincial and district
authorities, not the central government, establish minimum wages, which
vary by province, district, and sector. Provincial authorities
determined provincial minimum wage levels based on proposals by
tripartite (workers, employers, and government) provincial wage
commissions. The provincial minimum wage rates establish a floor for
minimum wages within the province. Local districts set district minimum
wages using the provincial levels as references. Districts also set
minimum wages in some industrial sectors on an ad hoc basis. Provinces
and districts conducted annual minimum wage rate negotiations, which
often produced controversy and protests. In November scores of workers
and union members protested a newly introduced joint ministerial decree
on minimum wages designed to discourage local administration from
raising minimum wage rates beyond the financial capabilities of
manufacturing firms. The minimum wage levels set by most local
governments did not provide a worker and family with a decent standard
of living. Most province-level minimum wage rates fell below the
Government's own calculation of basic minimum needs. During the year
Papua offered the highest minimum wage at 1.1 million rupiah ($123) per
month, while the Manpower Ministry reported official minimum wages as
low as 500 thousand rupiah ($60) per month in East Java.
Local manpower officials were responsible for enforcing minimum
wage regulations. Enforcement remained inadequate, particularly at
smaller companies and in the informal sector. In practice official
minimum wage levels applied only in the formal sector, which accounted
for 35 percent of the workforce. Labor law and ministerial regulations
provide workers with a variety of benefits. Persons who worked at more
modern facilities often received health benefits, meal privileges, and
transportation. The law also requires employers to register workers
with and pay contributions to the state-owned insurance agency,
JAMSOSTEK.
The law establishes a 40-hour workweek, with one 30-minute rest
period for every four hours of work. Companies often required a five-
and-a-half- or six-day workweek. The law also requires at least one day
of rest weekly. The daily overtime rate was 1.5 times the normal hourly
rate for the first hour and twice the hourly rate for additional
overtime, with a maximum of three hours of overtime per day and no more
than 14 hours per week. Workers in industries that produced retail
goods for export frequently worked overtime to meet contract quotas.
Unions complained that companies relied upon excessive overtime in some
garment and electronics assembly plants, to the detriment of workers'
health and safety. Observance of laws regulating benefits and labor
standards varied by sectors and regions. Employer violations of legal
requirements were fairly common, sometimes resulting in strikes and
protests. The Solidarity Center reported that workers in the garment
industry worked extremely long hours, but because their pay slips did
not specify the amount of overtime paid could not be certain they were
fully compensated for overtime. The Manpower Ministry continued to urge
employers to comply with the law; however, government enforcement and
supervision of labor standards were weak.
Both law and regulations provide for minimum standards of
industrial health and safety. In practice the country's worker safety
record was poor. JAMSOSTEK reported 37,845 accidents in the first three
months of 2007, compared with 99,624 for the whole of 2006. Local
officials have responsibility for enforcing health and safety
standards. In larger companies, the quality of occupational health and
safety programs varied greatly. Health and safety standards in smaller
companies and in the informal sector tended to be weaker or
nonexistent. Workers are obligated to report hazardous working
conditions, and employers are forbidden by law from retaliating against
those who do report hazardous working conditions; however, the law was
not enforced effectively. By law workers have the right to remove
themselves from hazardous conditions without jeopardizing employment;
in practice it was not clear they could avail themselves of this right.
__________
JAPAN
Japan is a parliamentary democracy with a population of
approximately 127.7 million. Sovereignty is vested in the citizenry,
and the emperor is defined as the symbol of state. In July 2007
elections the Democratic Party of Japan ended the Liberal Democratic
Party's (LDP) half-century dominance of the Diet when it captured a
majority in the upper house. The elections were generally considered
free and fair. On September 24, Taro Aso succeeded Yasuo Fukuda as
prime minister and head of a coalition composed of the LDP and the New
Komeito Party. Civilian authorities generally maintained effective
control of the security forces.
The Government generally respected the rights of its citizens.
Human rights nongovernmental organizations (NGOs) reported problems
with the country's detention facilities and legal system. There were
some cases of violence and other abuse against women and children and
of sexual harassment and employment discrimination. Trafficking in
persons remained a problem. Discrimination against ethnic and other
minorities and against children borne out of wedlock were problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the Government
generally respected these provisions in practice.
Human rights NGOs reported incidences of alleged physical abuse in
some prisons. The NGOs reported eight deaths including a suicide at
Tokushima Prison from 2004 to November 2007 as a result of a doctor's
purported insertion of various types of pointed instruments into
prisoners' anuses. Prison officials maintained that the doctor was
carrying out legitimate medical procedures.
As of year's end, the civil case against three police officers
convicted for the 2004 death of a suspect resulted in three
convictions, with two of the officers appealing the decision. On
September 9, the Fukuoka High Court upheld the suspended sentence of a
former senior police officer convicted of coercing a suspect into
confessing by using a technique called fumiji, in which a prisoner is
made to walk on the names of his ancestors.
The Government continued to deny death row inmates and their
families information about the date of execution. Families of condemned
prisoners were notified of the execution after the fact. The Government
stated this policy was to spare the prisoners the anguish of knowing
when they were going to die. Condemned prisoners, although held in
solitary confinement for an average of almost eight years until their
execution, were allowed visits by their families, lawyers, and other
persons.
Prisoner rights NGOs continued to report that prison management
regularly abused the rules on solitary confinement. Punitive solitary
confinement may be imposed for a maximum of 60 days, but procedures
allow wardens to keep prisoners in ``isolation'' solitary confinement
indefinitely. Prison officials said that solitary confinement was an
important tool they must use in order to maintain order in prisons that
were at and above capacity.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards. However, several facilities were
overcrowded and lacked heating. NGOS also reported that some facilities
provided inadequate food and medical care and that in some institutions
clothing and blankets were insufficient to protect inmates against cold
weather. Most prison facilities do not provide heating during nighttime
hours in winter despite overnight freezing temperatures. The lack of
heating in prisons subjected the prison population to a range of
preventable cold injuries from chilblains to more severe forms of cold
injury. In August 2007 two men in detention facilities that lacked air
conditioning or fans died of heatstroke. NGOs, lawyers, and doctors
also criticized healthcare in police operated preindictment detention
centers and immigration detention centers.
Unlike in past years, there were no reports of rape against
prisoners.
Regulations do not require that minors be held separately from
adults in immigration detention centers; in practice there were reports
of teenagers being held in the same detention facilities as adults.
Prison management regulations stipulate that independent committees
inspect prisons and detention centers operated by the Ministry of
Justice. These committees included physicians, lawyers, local municipal
officials, representatives of local communities, and other local
citizens. Prisoner rights advocates reported that the committees
visited Ministry of Justice prisons throughout the year. In June 2007
the committees began inspecting police operated detention centers as
well. Human rights NGOs reported that compared with past years, there
appeared to be an increased flow of correspondence in and out of
prisons.
In May 2007 the UN Committee Against Torture (UNCAT) criticized
immigration detention centers for alleged violence, the unlawful use of
restraining devices, sexual harassment, and lack of access to
healthcare. UNCAT also criticized the lack of an independent monitor of
immigration detention centers. The Ministry of Justice stated that an
adequate system was in place which made an independent inspecting
organization unnecessary because detainees may lodge complaints about
treatment with the head of the detention facility or, if they object to
the judgment given, with the minister of justice.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions. NGOs focused on legal rights continued to report
instances of what appeared to be arbitrary detentions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the National Police Agency (NPA) and
local police forces, and the Government has effective mechanisms to
investigate and punish abuse and corruption. There were no reports of
impunity involving the security forces during the year. However, some
NGOs criticized local public safety commissions for lacking
independence from or sufficient authority over police agencies.
Arrest and Detention.--Persons were apprehended openly with
warrants based on sufficient evidence and issued by a duly authorized
official, and detainees were brought before an independent judiciary.
NGOs focused on legal rights said that in practice warrants were
granted at high rates, and detention sometimes occurred even though the
evidentiary grounds were weak.
The law provides detainees the right to a prompt judicial
determination of the legality of the detention, and authorities
respected this right in practice. The law requires authorities to
inform detainees immediately of the charges against them. Authorities
usually held suspects in police operated detention centers for an
initial 72 hours. A judge must interview a suspect prior to further
detention. The judge may extend preindictment custody by up to two
consecutive 10 day periods. Prosecutors routinely sought and received
these extensions. Prosecutors may also apply for an additional five day
extension. NGOs focused on legal rights pointed out that because
extensions were routinely granted, the intent of the law for prompt
judicial determination of the legality of the detention, was in fact
undermined.
The code of criminal procedure allows detainees, their families, or
representatives to request that the court release an indicted detainee
on bail. However, bail is not available preindictment to persons
detained in either police or Ministry of Justice detention facilities.
Because judges customarily granted prosecutors requests for extensions,
the system of pretrial detention, known as daiyou kangoku (substitute
prison), usually continued for 23 days. Suspects in pretrial detention
are legally required to face interrogation. Effective January NPA
guidelines limit interrogations to a maximum of eight hours and
prohibit overnight interrogations.
Preindictment detainees had access to counsel, including court
appointed attorneys. Prisoner advocates said that in practice this
access improved in terms of the duration and frequency. However,
counsel may not be present during interrogations. Family members were
allowed to meet with detainees, but only in the presence of a detention
officer. Detainees charged with drug offenses were routinely held
incommunicado until indictment and were only allowed consular and legal
access. In 2007 prosecutors at their discretion started partially
recording suspects' confessions, but human rights NGOs pointed out that
partial and discretionary recordings could be misleading. On September
1, police in Tokyo and 39 prefectures began testing supervised
interrogations.
Safeguards exist to ensure that suspects cannot be compelled to
confess to a crime or be convicted when a confession is the only
evidence, but a manual of police interrogation procedures showed that
police investigators are authorized to use heavy pressure to extract
confessions. NGOs have documented techniques used to extract
confessions that include beating, intimidation, sleep deprivation,
questioning from early morning to late at night, and making the suspect
stand or sit in fixed positions for long periods of time. The new NPA
guidelines prohibit the police from touching suspects, threatening
them, keeping them in fixed postures for long periods of time, verbally
abusing them, or offering favors in return for a confession. Several
foreign detainees claimed that police urged them to sign statements in
Japanese that they could not read and that were not translated
adequately.
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 the right to a fair trial for
all citizens and ensures that each charged individual receives a public
trial by an independent civilian court, has access to defense counsel,
and has the right to cross examine witnesses. A defendant is presumed
innocent until proven guilty in a court of law, and defendants cannot
be compelled to testify against themselves.
UNCAT, NGOs, and lawyers questioned whether defendants were
presumed innocent in practice. According to legal advocacy NGOs, the
majority of detainees who were indicted confessed while in police
custody.
The language barrier was a serious problem for foreign defendants.
No guidelines existed to ensure effective communication between judges,
lawyers, and non Japanese speaking defendants. No standard licensing or
qualification system existed for court interpreters, and trials
proceeded even if no translation or interpretation was provided.
The use of police operated detention centers, which puts suspects
in the custody of their interrogators, has been on the rise for more
than 30 years. According to government statistics, more than 98 percent
of arrested suspects were sent to police detention facilities. The
other 2 percent were held in Ministry of Justice-operated preindictment
detention centers. More than 99 percent of cases that reached a trial
court resulted in conviction. The judiciary also gives much weight to
confessions.
During the year there were media reports of persons convicted on
the basis of police-obtained confessions but who were later proved
innocent. In October a man was acquitted in a 2002 rape case in which
police forced him to confess. The actual rapist subsequently was
caught.
Trial procedures favor the prosecution. Although the law provides
for access to counsel, a significant number of defendants reported that
this access was insufficient. The law does not require full disclosure
by prosecutors, and material that the prosecution does not use in court
may be suppressed. The legal representatives of some defendants claimed
that they did not receive access to relevant material in the police
record. In appeal attempts, defense attorneys were not granted access
to possible exculpatory DNA evidence. The police responded that all
evidence was destroyed after the initial trial.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Cases involving human rights
violations have been brought before these courts.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press.
Ultranationalists exerted pressure on local governments from time
to time in ways which effectively curtailed freedom of speech. In
January a far right--wing group intimidated Tsukubamirai City into
banning a lecture on preventing domestic violence.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e mail.
Internet access was widely available including via cell phones. During
the year almost 74 percent of the population used the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events. The requirement
for Ministry of Education approval of history textbooks continued to be
a subject of controversy, particularly regarding the treatment of
certain subjects pertaining to the 20th century. The national anthem
(``Kimi ga Yo'') and the national flag (Hi no Maru) continued to be
controversial symbols. Since 2003 almost 400 teachers have been
disciplined for refusing to sing the national anthem in front of the
flag. In February 2007 the Supreme Court held that a music teacher who
refused to play the national anthem on the piano could be reprimanded,
without violating Article 19 of the constitution, which guarantees
freedom of thought and conscience to all citizens.
In April a right--wing group pressured theaters into banning a
movie critical of the Yasukuni Shrine.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.
The Association of Korean Human Rights in Japan claimed that
several local governments rejected the use of municipal halls when
Korean residents applied.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
Societal Abuses and Discrimination.--Relations among religious
groups were generally amicable. An estimated 200 Jewish families lived
in the country. There were no reports of anti Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, asylum seekers, and
other persons of concern.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees.
In practice the Government provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. However, in May 2007 UNCAT noted that the
law does not expressly prohibit deportation to countries where there is
a risk of torture. The response of the Government has been that the law
clearly specifies that no foreign nationals will be returned to
territories where their lives would be threatened. In practice a number
of ethnic Rohingyas were deported to Burma. In addition UNCAT
criticized the lack of an independent body to review applications for
refugee status, the fact that the Ministry of Justice does not allow
applicants for refugee status to select legal representatives for
appeal, and the restrictions on government legal assistance for
nonresidents. UNCAT, NGOs, and lawyers criticized the indefinite and
often long period of detention between the rejection of an application
for asylum and deportation.
Of 816 applications for refugee status during the year, 41 persons
were granted refugee status and 88 were allowed to stay on humanitarian
grounds.
Refugees faced the same patterns of discrimination that ethnic
minorities did in the country: reduced access to housing, education,
and employment. Persons whose refugee status was pending or on appeal
did not have the legal right to work or receive social welfare,
rendering them completely dependent on overcrowded government shelters
or the support of NGOs.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--In July 2007 the country
held elections for the upper house of the Diet. The elections were
considered generally free and fair.
Political parties operated without restriction or outside
interference.
Women held 45 of 480 seats in the lower house of the Diet and 43 of
the upper house's 242 seats. At year's end there were three female
governors. There were two women in the 18 member cabinet. Because some
ethnic minorities are of mixed heritage and do not self-identify, it
was difficult to determine the number of minorities that served in the
Diet. There were three foreign-born Diet members.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. There were several reports of
government corruption during the year. According to NPA figures for
2007, there were 47 cases involving bribery and 26 cases of bid
rigging, compared with 74 for bribery and 42 for bid rigging during
2006. During the first half of the year the NPA reported 23 cases of
bribery and 18 cases of bid rigging. There were regular media reports
of financial accounting scandals involving politicians and government
officials.
Financial disclosure laws exist but suffered from lax enforcement.
Cooperation with international law enforcement on suspicious
transactions and money laundering cases was also poor.
The public has the legal right to access government information.
There were no reports that the Government denied legal requests for
information or required information seekers to pay prohibitive fees to
gain access.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without governmental restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views. Human rights
groups pointed out that the country has not yet established an
independent national human rights institution. The existing Human
Rights Commission reports to the Ministry of Justice.
During the year the UN Human Rights Council and NGOs, including
Amnesty International and Vital Voices, criticized the country's
apologies to and compensation for ``comfort women'' as inadequate.
Japan provided compensation payments through a government-initiated
private fund, expressed remorse, and extended apologies, to the victims
of forced prostitution during World War II beginning with the Kono
Declaration in 1993, and in a 2001 letter from then prime minister,
Junichiro Koizumi, sent to all identifiable victims. Prime Minister
Koizumi wrote: ``As Prime Minister of Japan, I extend anew my most
sincere apologies and remorse to all the women who underwent
immeasurable and painful experiences and suffered incurable physical
and psychological wounds as comfort women. (Japan) must not evade the
weight of the past, nor should we evade our responsibilities for the
future.''
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination on the basis of race, gender,
disability, language, and social status. Although the Government
generally enforced these provisions, discrimination against women,
ethnic minority groups, and foreigners remained a problem.
Women.--The law criminalizes all forms of rape, including spousal
rape, and the Government generally enforced the law effectively.
According to government statistics, there were 747 cases reported
during the first half of 2008 compare with 1,766 rapes reported in
2007. Many police stations had female officers to provide confidential
assistance to female victims.
Although prohibited by law, domestic violence against women
remained a problem. District courts may impose six month restraining
orders on perpetrators of domestic violence and impose sentences of up
to one year in prison or fines of up to one million yen (approximately
$8,500). In 2007 courts granted 2,186 out of 2,779 petitions for
protection orders. Through August, 1,690 of 2,145 petitions for
protection orders had been granted. The law, which covers common law
marriages and divorced individuals, was amended in July 2007 to include
protection not only for victims of abuse but also for persons
threatened with violence. According to NPA statistics, in 2007 there
were 20,992 reported cases of domestic violence. Spousal violence
consultation assistance centers reported 35,071 consultations during
the first half of the year compared with 62,078 consultation cases in
2007.
Prostitution is illegal but narrowly defined. Many sexual acts for
pay that would be considered to be prostitution in other countries are
legal.
Sexual harassment in the workplace remained widespread. In fiscal
year (FY) 2007 the Ministry of Health, Labor, and Welfare (MHLW)
received 15,799 reports of such harassment. The law includes measures
to identify companies that failed to prevent sexual harassment, but it
does not include punitive measures to enforce compliance other than
publicizing the names of offending companies. The Government
established hot lines and designated ombudsmen to handle complaints of
discrimination and sexual harassment.
The law prohibits sexual discrimination and generally provides
women the same rights as men. A Council for Gender Equality existed to
monitor enforcement; its high level members included the chief cabinet
secretary, cabinet ministers, and Diet members. During the year the
council regularly met to examine policies and monitor progress on
gender equality. Human rights groups pointed to discrepancies such as
women being prohibited from marrying for six months following a divorce
(men have no such waiting periods) and differing minimum age for
marriage (18 for men and 16 for women).
Inequality in employment remained entrenched in society. Women
composed 41.5 percent of the labor force, and their average monthly
wage was 222,600 yen (approximately $1,988), less than two thirds of
the monthly wage earned by men (337,700 yen or $3,015).
Children.--The Government was committed to the rights and welfare
of children, and in general children's rights were protected
adequately.
Reports of child abuse continued to increase. In FY 2007 there were
40,639 possible cases of child abuse by parents or guardians reported
to the National Child Discussion Center. In 2007, 300 cases of child
abuse were under investigation for prosecution. According to the NPA,
35 children died in FY 2007 after being abused. The law grants child
welfare officials the authority to prohibit abusive parents from
meeting or communicating with their children. The law also bans abuse
under the guise of discipline and mandates that anyone aware of
suspicious circumstances must report the information to a nationwide
local child counseling center or municipal welfare center.
Although the distribution of child pornography is illegal, the law
does not criminalize the simple possession of child pornography, which
often depicts the brutal sexual abuse of small children. The absence of
a statutory basis makes it difficult for police to obtain search
warrants, preventing them from effectively enforcing existing child
pornography laws or participating in international law enforcement
efforts in this area. Internet service providers acknowledged that the
country has become a hub for child pornography, leading to greater
victimization of children both domestically and abroad.
Discrimination against children borne out of wedlock with regard to
inheritance rights continued. On June 4, the Supreme Court ruled
unconstitutional a provision of the law that denied citizenship to a
child borne out of wedlock to a citizen father and noncitizen mother.
On December 5, a revised nationality law was enacted enabling a child
born under such circumstances to obtain citizenship if the father
acknowledges his paternity.
Trafficking in Persons.--The law establishes human trafficking both
for sexual and labor exploitation as a criminal offense. Nonetheless,
human trafficking remained a significant problem despite government
efforts. The country remained a destination and transit country for
men, women, and children trafficked for commercial sexual exploitation
and other purposes. Victims came from China, the Republic of Korea,
Southeast Asia, Eastern Europe, and to a lesser extent, Latin America.
There were also reports of internal trafficking of girls for sexual
exploitation. The majority of identified trafficking victims were
foreign women who migrated to the country seeking work but upon arrival
were subjected to debt bondage and forced prostitution. Male and female
migrant workers were subjected to conditions of forced labor.
Agents, brokers, and employers involved in trafficking for sexual
exploitation often had connections with organized crime syndicates (the
Yakuza).
Most women trafficked into the sex trade had their travel documents
taken away and their movements strictly controlled by their employers.
Victims were threatened with reprisals to themselves or their families
if they tried to escape. Employers often isolated the women, subjected
them to constant surveillance, and used violence to punish them for
disobedience. NGOs reported that in some cases brokers used drugs to
control victims.
Debt bondage was another means of control. Before arrival in the
country, trafficking victims generally did not understand the size of
the debts they would owe, the amount of time it would take them to
repay the debts, or the conditions of employment to which they would be
subjected upon arrival. Women faced debts of up to 4.5 million yen
(approximately $40,000). In addition, they had to pay their employer
for their living expenses, medical care (when provided by the
employer), and other necessities. ``Fines'' for misbehavior added to
the original debt and the process that employers used to calculate
these debts was not transparent. Employers also sometimes ``resold,''
or threatened to resell, troublesome women or women found to be HIV-
positive, thereby increasing the victims' debts and often leading to
even worse working conditions.
In response to increased police enforcement, many sex business
operators shifted from store-front businesses to ``delivery'' escort
services. This shift to Internet-based solicitation and procurement
made it much harder to measure the extent to which employers were
exploiting victims of trafficking.
There was no noticeable improvement in the country's prosecution of
sex trafficking. In 2007 11 sex trafficking cases were prosecuted, and
12 trafficking offenders were convicted, compared with 17 prosecutions
and 15 convictions in 2006. Most authorities attributed this decline to
a crackdown on the ``entertainment'' visa category. Of the 12 2007
convictions, seven offenders received prison sentences of two to four
years with labor; five received suspended sentences.
Labor exploitation was widely reported by labor activists, NGOs,
shelters, and the media (See Section 6.e.). There were two convictions
for labor trafficking during the past two years, although Labor
Standard Inspection Bodies identified more than 1,209 violations of
labor laws in 2006 alone.
The number of trafficking victims identified by the Government
declined for the second consecutive year. Law enforcement authorities
identified 43 victims in 2007, down from 58 in 2006 and 116 in 2005.
There continued to be reports that police and immigration officers
failed to identify victims adequately. The National Police University
began teaching a class in trafficking in persons. Both the NPA and
trafficking NGOs agreed that winning the trust of potential victims was
a difficult and time consuming process. The country has not adopted
formal victim identification procedures, although it is cooperating
with the International Organization for Migration (IOM) in victim
identification. The country does not dedicate government law
enforcement or social services personnel specifically to human
trafficking, although there were individuals in various branches of the
Government and police who focused mainly on human trafficking. NGOs
working with trafficking victims continued to assert that the
Government was not proactive in searching for victims among vulnerable
populations, such as foreign women in the sex trade or migrant
laborers. NGOs reported that police and immigration officers
occasionally neglected to classify women working in exploitative
conditions as victims because they willingly entered the country to
work illegally. Both trafficking NGOs and the NPA agreed that there was
a ``gray area'' in which victim identification could be difficult.
The MHLW encouraged police and immigration officers to use its
network of shelters for domestic violence victims as temporary housing
for foreign trafficking victims awaiting repatriation. Forty of the 43
identified trafficking victims in 2007 were provided services by
government shelters. A significant percentage of the foreign women
listed as victims of domestic violence were probably trafficking
victims, and were provided shelter. The Government paid for victims'
medical care and subsidized repatriation through a grant to the IOM.
Sixteen of the 43 identified trafficking victims were repatriated
without referring them to the IOM for risk assessment and formal
processing.
Typically, government shelters lacked the resources needed to
provide adequate services to trafficking victims. NGO shelters that
specialized in assisting victims of human trafficking had full time
staff able to speak seven or more languages, but the MHLW shelters had
to rely on interpretation services from outside providers. While some
victims received psychological care in government facilities, the large
majority did not have adequate access to trained psychological
counselors with native language ability, a weakness the Government is
beginning to address. Due to the lack of counseling in their native
language by professionals familiar with the special needs of
trafficking victims, the isolation of victims from fellow nationals and
other trafficking victims, and the lack of alternatives--particularly
any option to work or generate income--foreign women staying at
government shelters elected to repatriate as quickly as possible.
Although the Government reserved funds to subsidize victims' stays in
private shelters, most victims were referred to public shelters. While
the Government asserted that victims were eligible for special stay
status as a legal alternative to repatriation in cases where victims
would face hardship or retribution, there were very few cases of a
victim staying in country for more than a few months, and these usually
were victims who were being sheltered in private shelters or who had
found NGO support.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, and access to health care, and the Government generally
enforced these provisions; however, the federation of bar associations
complained that discrimination is undefined and thus not enforceable
through judicial remedies.
Persons with disabilities were not generally subject to overt
discrimination in employment, education, or provision of other state
services; however, in practice they faced limited access to these
services. Persons with disabilities made up less than 0.2 percent of
university students.
The law mandates that the Government and private companies hire
minimum proportions of persons with disabilities (including mental
disabilities). Companies with more than 300 employees that do not
comply must pay a fine of 50,000 yen ($425) per vacant position per
month. Public employment of persons with disabilities exceeded the
minimum, but according to MHLW statistics the private sector lagged in
spite of increases over last year. A survey found that in private
companies with more than 56 workers, 1.6 percent of employees had
disabilities.
Accessibility laws mandate that new construction projects for
public use must include provisions for persons with disabilities. In
addition, the Government allows operators of hospitals, theaters,
hotels, and other public use facilities to receive low interest loans
and tax benefits if they upgrade or install features to accommodate
persons with disabilities.
Recent surveys showed that people with mental disabilities might
account for up to 60 percent of the repeat offender population in some
prisons. According to human rights NGOs, there were an estimated 20,000
homeless people who could not receive old-age pensions, disability
pensions, and livelihood protection allowances because they were
considered to be without residence. Surveys also showed a significant
percentage of repeat offenders were homeless persons who had fallen
through the social service net.
According to mental health NGOs and physicians, persons with mental
illnesses also faced stigmatization and both educational and
occupational barriers. Mental health professionals said that
insufficient efforts were being made to reduce the stigma of mental
illness and to inform the public that depression and other mental
illnesses were treatable, biologically based illnesses.
National/Racial/Ethnic Minorities.--Burakumin (descendants of
feudal era ``outcasts'') and ethnic minorities experienced varying
degrees of societal discrimination. The approximately three million
burakumin, although not subject to governmental discrimination,
frequently were victims of entrenched societal discrimination,
including restricted access to housing, education, and employment
opportunities. NGOs reported that discrimination was still extensive
outside major metropolitan areas.
Despite legal safeguards against discrimination, the country's
large populations of Korean, Chinese, Brazilian, and Filipino permanent
residents-many of whom were born, raised, and educated in Japan--were
subject to various forms of deeply entrenched societal discrimination,
including restricted access to housing, education, and employment
opportunities. There was a widespread perception among citizens that
``foreigners,'' often members of Japan born ethnic minorities, were
responsible for most of the crimes committed in the country. The media
fostered this perception although Ministry of Justice statistics showed
that the ``foreigner'' committed crime rate, excepting crimes like
illegal entry and overstay, was lower than the crime rate for citizens.
Many immigrants struggled to overcome obstacles to naturalization,
including the broad discretion available to adjudicating officers and
the great emphasis on Japanese language ability. Aliens with five years
of continuous residence are eligible for naturalization and citizenship
rights. Naturalization procedures also require an extensive background
check, which includes inquiries into the applicant's economic status
and assimilation into society. The Government defended its
naturalization procedures as necessary to ensure the smooth
assimilation of foreigners into society.
Indigenous People.--Although the Ainu enjoyed the same rights as
all other citizens, when clearly identifiable as Ainu they faced the
same patterns of discrimination that all ethnic minorities encountered.
On June 6, the Diet unanimously passed a resolution recognizing the
Ainu as an indigenous people.
Other Societal Abuses and Discrimination.--NGOs that advocate for
gay, lesbian, bisexual, and transgender persons noted that such persons
suffered from bullying, harassment, and violence.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form and
join unions of their choice without previous authorization or excessive
requirements, and the Government effectively enforced the law. Unions
were free of government control and influence; however, public service
employees' basic union rights, governed by a separate law, are
restricted in ways that ``effectively require prior authorization'' to
form unions. Approximately 18 percent of the total workforce was
unionized in 2006.
Unions in the private sector have the right to strike, and workers
exercised this right in practice. Public sector employees do not have
the right to strike.
b. The Right to Organize and Bargain Collectively.--Except for
public sector workers and employees of state owned enterprises, the law
allows unions to conduct their activities without interference, and the
Government protected this right. Collective bargaining is protected by
law and was freely practiced.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. Labor rights NGOs alleged that
some companies forced foreign laborers to work illegal overtime,
refused to pay allowances, controlled their movement and travel
documents, and forced them to deposit paychecks into company-controlled
accounts. The law and ministry of justice guidelines prohibit these
practices.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law bans the exploitation of children in the workplace, and the
Government effectively implemented the law. The MHLW is responsible for
enforcement. By law, children between the ages of 15 and 18 may perform
any job that is not designated as dangerous or harmful. Children
between the ages of 13 and 15 may perform ``light labor'' only, and
children under 13 may work only in the entertainment industry. Other
than victims of human trafficking and child pornography, child labor
was not a problem.
e. Acceptable Conditions of Work.--Minimum wages are set on a
prefectural and industry basis, with the input of tripartite (workers,
employers, and public interest) advisory councils. Employers covered by
a minimum wage must post the concerned minimum wages, and compliance
with minimum wages was considered widespread. Minimum wage rates
ranged, according to prefecture, from 618 yen (approximately $5.74) to
739 yen (approximately $6.54) per hour. The minimum daily wage provided
a decent standard of living for a worker and family.
The law provides for a 40 hour workweek for most industries and
mandates premium pay for hours worked above 40 in a week or eight in a
day. However, it was widely accepted that workers, including those in
government jobs, routinely exceeded the hours outlined in the law.
Labor unions frequently criticized the Government for failing to
enforce maximum working hour regulations. According to 2007 MHLW
statistics 147 workers suffered karoshi (death from overwork) during
the year.
According to the Japanese Trade Union Confederation, companies
increasingly hired workers on a part--time, nonregular basis. Such
workers reportedly made up one-third of the labor force, and worked for
lower wages, often enduring precarious working conditions. Temporary
employees reportedly also faced similar working conditions. Activist
groups claimed that employers exploited illegal foreign workers, who
often had little or no knowledge of the Japanese language or their
legal rights.
NGOs and the media reported abuses of the foreign trainee program,
a government-sponsored training program supervised by the Japan
International Training Cooperation Organization. In some companies,
trainees reportedly were forced to work unpaid overtime and made less
than the minimum wage. Moreover, their wages were automatically
deposited in company controlled accounts, despite the fact that forced
deposits are illegal. According to labor rights NGOs, trainees
sometimes had their travel documents taken from them and their movement
controlled to prevent escape. The Government undertook a review of the
program, and in December 2007 the Ministry of Justice released a list
of prohibited acts to govern the foreign trainee program. However,
there are no criminal penalties for companies found in violation of the
regulation. Although Labor Standard Inspection Bodies identified more
than 1,209 violations of labor laws in 2006 alone, there were only two
convictions for labor trafficking during the past two years. NGOs and
labor unions working with foreign workers noted no noticeable
improvement in some companies' treatment of foreign workers in the
trainee program.
The Government sets occupational health and safety standards, and
the Ministry of Labor effectively administered the various laws and
regulations governing occupational health and safety. Labor inspectors
have the authority to suspend unsafe operations immediately, and the
law provides that workers may voice concerns over occupational safety
and remove themselves from unsafe working conditions without
jeopardizing their continued employment.
__________
KIRIBATI
Kiribati is a constitutional multiparty republic with a population
of approximately 92,500. The president exercises executive authority
and is popularly elected for a four-year term. The legislative assembly
nominates at least three, and no more than four, presidential
candidates from among its members. Parliamentary and presidential
elections held in 2007 were considered generally free and fair. Anote
Tong of the Boutokaan Te Koaua party was reelected president. Civilian
authorities generally maintained effective control of the security
forces.
The Government generally respected the human rights of its
citizens, and the law and judiciary provide effective means of dealing
with individual instances of abuse. Violence and discrimination against
women, child abuse, and commercial sexual exploitation of children were
problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and there were
no reports that government officials employed them. Traditional village
practice permits corporal punishment for criminal acts and other
transgressions.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the Government permitted
visits by family members, church representatives, and diplomats. There
was no separate facility for juvenile offenders, but children under age
16 usually were not incarcerated. Juveniles ages 16 to 17 generally may
be detained no longer than a month in the adult facility; however, for
more serious offenses, such as murder, juveniles over age 16 can be
held in custody for more than a month and can be sentenced to longer
terms. Pretrial detainees accused of serious offenses who did not meet
bail were held with convicted prisoners. Persons charged with minor
offenses normally were released on their own recognizance pending
trial.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police force, and the Government
has effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving the security
forces during the year.
Arrest and Detention.--In some cases magistrates issued warrants
before an arrest was made. Persons taken into custody without a warrant
must be brought before a magistrate within 24 hours or within a
reasonable amount of time when arrested in remote locations. These
requirements were generally respected in practice. Many individuals
were released on their own recognizance pending trial, and bail was
granted routinely for many offenses. The law requires that arrested
individuals be informed of their rights, which include the right to
legal counsel during questioning and the right not to incriminate
themselves. Two police officers must be present at all times during
questioning of detainees, who also are provided the option of writing
and reviewing statements given to police. Detainees were allowed prompt
access to legal counsel. Public defenders, known as ``people's
lawyers,'' were available free of charge for arrested persons and
others who needed legal advice.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The constitution provides for the right to a
fair public trial, and an independent judiciary generally enforced this
right. There is no trial by jury. An accused person must be informed of
the charges and be provided adequate time and facilities to prepare a
defense. The law also provides for the right to confront witnesses,
present evidence, and appeal convictions. Defendants facing serious
criminal charges are entitled to free legal representation. Procedural
safeguards are based on British common law and include the presumption
of innocence until proven guilty. The law extends these rights to all
citizens.
Extrajudicial traditional communal justice, in which village elders
decide cases and mete out punishment, remained a part of village life,
especially on remote outer islands. However, the incidence of communal
justice was declining under pressure from the codified national law.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, as well as access to a court
to bring lawsuits seeking damages for, or cessation of, human rights
violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, but there were some concerns about
government control of the media.
Individuals generally could criticize the Government publicly or
privately without fear of reprisal.
The Government Broadcasting and Publications Authority (BPA)
operated Radio Kiribati, the dominant news source in the country, and
published a twice--weekly newspaper. A board of directors appointed by
the Government oversees BPA operations.
A media company owned by a member of parliament affiliated with the
governing party operated the country's other radio station and
published a weekly newspaper. Several other organizations, such as the
Kiribati Protestant Church, also published weekly newspapers.
International media were allowed to operate freely. Under the
Newspaper Registration Act, newspapers are required to register with
the Government, but there were no reports that the Government denied
registration to any publication.
Internet Freedom.--There were no government restrictions on the
Internet or reports that the Government monitored e-mail or Internet
chat rooms. Individuals and groups could engage in peaceful expression
of views via the Internet, including by e-mail. While generally
available and accessible on South Tarawa, public access to the Internet
elsewhere in the country was limited by lack of infrastructure.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination against religious groups, including
anti--Semitic acts. There was no known Jewish community in the country.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. Although the law prohibits government restrictions on
citizens' freedom of movement, it does not restrict such actions by
traditional village councils.
The occasion did not arise during the year for government
cooperation with the Office of the UN High Commissioner for Refugees or
other humanitarian organizations in providing protection and assistance
to internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
The law provides for the forced expulsion from the country of a
convicted person if ``in the interests of'' defense, public safety,
order, morality, health, or environmental conservation. The Government
did not use forced exile. On rare occasions traditional village
councils have banished persons from a specific island within the
country, usually for a fixed period of time, but there were no reports
of such banishments during the year.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has not established a system for providing protection to
refugees. During the year there were no applications for refugee
resettlement, asylum, or protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
Elections and Political Participation.--The legislature has 45
members: 43 are elected by universal adult suffrage, the Rabi Island
Council of I--Kiribati (persons of Kiribati ancestry) in Fiji selects
one, and the attorney general is an ex officio member. The most recent
parliamentary elections were held in August 2007. In October 2007 the
legislature elected Anote Tong of the Boutokaan Te Koaua party to a
second term as president. The elections were considered generally free
and fair. There were no government restrictions on political opponents.
Elected village councils run local governments in consultation with
traditional village elders.
There were two women in the 45-member legislature. Several
permanent secretaries were women.
The President and several members of the legislature were of mixed
descent.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, but the Government did not always
implement the law effectively. Government officials have sometimes
engaged in corrupt practices with impunity, but there were no specific
reports of government corruption during the year.
Nepotism, based on tribal, church, and family ties, was prevalent.
Public officials were not subject to financial disclosure laws. The
auditor general is responsible for oversight of government
expenditures. In reality the auditor general lacked sufficient
resources, and findings of misappropriations and unaccounted for funds
were generally ignored, or the investigations were inconclusive.
No specific law provides for citizen or media access to government
information. In practice the Government was fairly responsive to
individual requests for information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic and international human rights groups generally operated
without government restriction. Government officials were cooperative
and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination on the basis of race,
national origin, or color, and the Government observed these
prohibitions in practice; however, only native I--Kiribati may own
land.
Women.--Spousal abuse and other forms of violence against women
were significant problems. Alcohol abuse frequently was a factor in
attacks on women. Rape, including spousal rape, is a crime, with a
maximum penalty of life imprisonment, but sentences were typically much
shorter. The law does not address domestic violence specifically, but
general common law and criminal law make assault in all forms illegal.
The law provides for penalties of up to six months' imprisonment for
common assault and up to five years' imprisonment for assault involving
bodily harm. Prosecutions for rape and domestic assault were
infrequent, largely due to cultural taboos on reporting such crimes and
police attitudes encouraging reconciliation over prosecution.
Prostitution is not illegal; however, procuring sex and managing
brothels are illegal. The lack of a law against prostitution hindered
the ability of the police to restrict these activities.
The law does not specifically prohibit sex tourism. There were
reports of foreign fishermen engaging in commercial sexual acts with
minors. Obscene or indecent behavior is banned.
The law does not prohibit sexual harassment, which sometimes
occurred but generally was not regarded as a major problem.
The law does not prohibit discrimination on the basis of gender,
and the traditional culture, in which men are dominant, impeded a more
active role for women in the economy. Women filled many government
office and teaching positions. Statistics generally were not well
collected in the country, and data on the participation of women in the
work force and on comparative wages were unavailable. Women have full
rights of ownership and inheritance of property as well as full and
equal access to education.
Children.--Within its limited financial resources, the Government
made adequate expenditures for child welfare.
Chronic alcohol abuse leading to child abuse (physical and
occasionally sexual) and neglect continued to be a serious problem.
There is a police unit specifically focused on child and family
violence.
Crewmembers of foreign fishing vessels that stopped in Kiribati
engaged in commercial sexual exploitation of women, some of whom were
underage. Research conducted in South Tarawa indicated there were fewer
than 20 girls under the age of 18 engaged in such prostitution. Some of
the girls worked as prostitutes in bars frequented by crewmembers, and
local I--Kiribati, sometimes including family members, acted as
facilitators, delivering girls to the boats. The girls generally
received cash, food, or goods in exchange for sexual services. The lack
of a legal ban on prostitution, and the fact that the legal age of
consent is 15, hindered police efforts to stem the practice.
Trafficking in Persons.--The law prohibits trafficking in persons,
and there were no reports that persons were trafficked to, from, or
through the country. There were incidences of commercial sexual
exploitation of underage girls within the country.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law does not specifically prohibit
discrimination against persons with disabilities; however, there were
no formal complaints of discrimination in employment, education, or the
provision of other state services for persons with mental or physical
disabilities. Accessibility of buildings for persons with disabilities
has not been mandated, and there were no special accommodations for
persons with disabilities. The central hospital on Tarawa had a wing
for persons with mental disabilities, and there was a psychiatrist
working on Tarawa.
There was no government agency specifically responsible for
protecting the rights of persons with disabilities.
Other Societal Abuses and Discrimination.--Sodomy and acts of
``gross indecency'' between males are illegal, but there were no
reports of prosecutions under these provisions. Societal discrimination
and violence based on sexual orientation were not significant problems.
Societal discrimination and violence against persons with HIV/AIDS
were not significant problems. A government-run HIV/AIDS taskforce
coordinated outreach and education activities concerning HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The constitution provides for freedom
of association, and workers are free to join and organize unions;
workers exercised these rights in practice.
More than 80 percent of the adult workforce was occupied in fishing
or subsistence farming. An estimated 10 percent of wage-earning workers
were union members. There were no official public-sector trade unions,
but nurses and teachers belonged to voluntary employee associations
similar to unions and constituted approximately 30 to 40 percent of
total union and association membership.
The law provides for the right to strike, but no strikes have taken
place since 1980.
b. The Right to Organize and Bargain Collectively.--The law
protects workers from employer interference in their right to organize
and administer unions. The Government did not control or restrict union
activities; however, unions must register with the Government. The law
provides for collective bargaining. The Government sets wages in the
large public sector. In a few statutory bodies and government-owned
companies, however, employees could negotiate wages and other
conditions. In the private sector, individual employees also could
negotiate wages with employers. In keeping with tradition, negotiations
generally were non-confrontational. There were no reports of antiunion
discrimination, and there were mechanisms to resolve any complaints
that might arise.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, and there were no reports that
such practices occurred. The prohibition does not mention specifically
forced and compulsory labor by children; however, there were no reports
that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children under age 14. Children through
the age of 15 are prohibited from industrial employment and employment
aboard ships. Labor officers from the Ministry of Labor and Human
Resources Development generally enforced these laws effectively.
Children rarely were employed outside the traditional economy.
Underage girls were solicited for commercial sex.
e. Acceptable Conditions of Work.--The wage-earning workforce
consisted of approximately 8,000 persons, mostly employed on the main
atoll of Tarawa, the political and commercial capital. The remainder of
the working population worked within a subsistence economy. There is no
official minimum wage, but the Labor Ministry estimated the ``non-
legislated'' minimum to be between A$1.60 and A$1.70 (approximately
$1.10 and $1.15) per hour. There is provision for a minimum wage at
ministerial discretion, but it has never been implemented. The standard
wage income provided a marginally decent standard of living for a
worker and family.
There is no legislatively prescribed workweek. Workers in the
public sector (80 percent of the wage-earning workforce) worked 36.25
hours per week, with overtime pay for additional hours.
Employment laws provide rudimentary health and safety standards for
the workplace, which the Labor Ministry is responsible for enforcing.
Employers are liable for the expenses of workers injured on the job,
but a lack of qualified personnel hampered the Government's ability to
enforce employment laws, and no workplace inspections were conducted
during the year. Workers do not have the right to remove themselves
from hazardous work sites without risking loss of employment.
__________
KOREA, DEMOCRATIC PEOPLE'S REPUBLIC \1\ OF
---------------------------------------------------------------------------
\1\ Note on Sourcing: The United States does not have diplomatic
relations with the Democratic People's Republic of Korea. North Korea
does not allow representatives of foreign governments, journalists, or
other invited guests the freedom of movement that would enable them to
assess fully human rights conditions or confirm reported abuses.
Refugee testimony often is dated because of the time lapse between
refugee departures from North Korea and contact with NGOs or officials
able to document human rights conditions, although in recent years some
refugees have been able to relate their stories in a more timely
fashion.
---------------------------------------------------------------------------
The Democratic People's Republic of Korea (DPRK or North Korea) is
a dictatorship under the absolute rule of Kim Jong-il, general
secretary of the Korean Workers' Party (KWP) and chairman of the
National Defense Commission (NDC), the ``highest office of state.'' The
country has an estimated population of 23.5 million. Kim's father, the
late Kim Il-sung, remains ``eternal president.'' Local elections held
in July 2007 were not free or fair. There was no civilian control of
the security forces, and members of the security forces committed
numerous serious human rights abuses.
The Government's human rights record remained poor, and the regime
continued to commit numerous serious abuses. The regime subjected
citizens to rigid controls over many aspects of their lives. Citizens
did not have the right to change their government. There continued to
be reports of extrajudicial killings, disappearances, arbitrary
detention, and political prisoners. Prison conditions were harsh and
life threatening, and torture occurred. Pregnant female prisoners
underwent forced abortions in some cases, and in other cases babies
were killed upon birth in prisons. The judiciary was not independent
and did not provide fair trials. Citizens were denied freedom of
speech, press, assembly, and association, and the Government attempted
to control all information. The Government restricted freedom of
religion, citizens' movement, and worker rights. There continued to be
reports of severe punishment of some repatriated refugees. There were
widespread reports of trafficking in women and girls among refugees and
workers crossing the border into China.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were numerous
reports that the regime committed arbitrary and unlawful killings.
Defector and refugee reports indicated that in some instances the
regime executed political prisoners, opponents of the regime,
repatriated defectors, and others. The law prescribes the death penalty
for the most ``serious'' or ``grave'' cases of ``antistate'' or
``antination'' crimes, including: participation in a coup or plotting
to overthrow the state; acts of terrorism for an antistate purpose;
treason, which includes defection or handing over state secrets;
suppressing the people's movement for national liberation; cutting
electric power lines or communication lines; and illegal drug
transactions.
In the past border guards reportedly had orders to shoot to kill
potential defectors, and prison guards were under orders to shoot to
kill those attempting to escape from political prison camps, but it was
not possible to determine if this practice continued during the year.
During the year the South Korean nongovernmental research
organization North Korean Human Rights Infringement Record Center
reported that North Korea carried out 901 public executions in 2007.
North Korea also reportedly carried out 56 cases of summary executions
with no judicial process.
A South Korean nongovernmental organization (NGO) reported that 15
North Koreans, including 13 women and two men, were shot in front of
local residents on February 20 for illegally entering China.
On January 3, Agence France--Presse reported that a South Korean
NGO stated North Korean authorities had executed a cooperative farm
chief and two colleagues for starting a private farm in December 2007
in Pyongsong City. According to the report, the three were shot 90
times, four others were sentenced to life imprisonment, and the
families of those executed were taken to prison camps.
On March 10, railway cargo guards allegedly beat 20 homeless
children, killing several. The guards had caught the children stealing
from a railway car.
On July 11, security forces shot and killed a South Korean tourist
visiting the Mt. Kumgang Tourism Park.
On August 26, a South Korean NGO reported that soldiers beat 20
homeless adults for trying to steal corn from trucks in Hamheung city,
South Hamgyoung Province. The report said that one of the individuals
was killed, and that the soldiers threw the body into a dumping ground
near the station.
On October 8, a South Korean NGO reported that authorities in
Hoeryong City, North Hamgyong Province, publicly executed five women
accused of trafficking in persons. Family members of the women were not
notified until after the execution. According to the report, the
families petitioned the Government, claiming the women were not granted
due process, but the municipal government insisted the executions were
carried out legally and did not respond to the petition.
Religious and human rights groups outside the country alleged that
some North Koreans who had contact with foreigners across the Chinese
border were imprisoned or killed.
There were no new developments in the alleged 2006 death penalty
sentence for Son Jong-nam, whose brother reported that Son was still
alive as of the spring of 2007.
b. Disappearance.--The Government was responsible for
disappearances. In recent years defectors claimed that state security
officers often apprehended individuals suspected of political crimes
and sent them, without trial, to political prison camps. There are no
restrictions on the ability of the Government to detain and imprison
persons at will and to hold them incommunicado. The penal code states
that a prosecutor's approval is required to detain a suspect; however,
the Government ignored this law in practice.
On February 8, a group of 22 North Koreans in two small boats
floated into South Korean waters. South Korean authorities repatriated
the individuals 13 hours later, claiming they had conducted interviews
and determined the individuals were not defectors. Later in February,
several South Korean news outlets quoted an anonymous source who
reported that the 22 individuals were executed upon their return. The
whereabouts of the 22 remained unknown at year's end.
There were no developments in the 2006 disappearance of Lee Kwang-
soo's family following his defection to South Korea (Republic of Korea
or ROK).
Japan continued to seek further information about the cases of 12
Japanese nationals whom the Japanese Government designated as having
been abducted by DPRK government entities. During the year Japan and
the DPRK held discussions on the issue. The DPRK agreed to reopen the
investigation into these cases but had not announced any progress or
result. Japan also hoped to gain answers regarding other cases of
suspected abductions of Japanese nationals.
In the past, credible reports indicated that the Government also
kidnapped other nationals from locations abroad, including citizens
from Romania, Thailand, and possibly elsewhere. However, the Government
continued to deny its involvement in the kidnappings. The ROK
Government estimated that approximately 480 of its civilians who were
abducted or detained by the DPRK since the end of the Korean War
remained in the DPRK. The ROK government estimated 560 South Korean
prisoners of war (POWs) and soldiers missing in action were also
believed to remain alive in the country.
During the year the media reported South Korean missionary Kim
Dong-shik had most likely died within a year of his 2000 disappearance
near the China--DPRK border.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The penal code prohibits torture or inhumane treatment;
however, many sources continued to confirm their practice. Methods of
torture and other abuse reportedly included severe beatings; electric
shock; prolonged periods of exposure to the elements; humiliations such
as public nakedness; confinement for up to several weeks in small
``punishment cells'' in which prisoners were unable to stand upright or
lie down; being forced to kneel or sit immobilized for long periods;
being hung by the wrists; being forced to stand up and sit down to the
point of collapse; and forcing mothers recently repatriated from China
to watch the infanticide of their newborn infants. Defectors continued
to report that many prisoners died from torture, disease, starvation,
exposure to the elements, or a combination of these causes.
During the year Shin Dong-hyuk, a defector born and confined in a
political prison camp in Kaechon in South Pyongan Province for 22
years, explained that beatings and torture were common within the camp.
Shin reported that he was tortured with hot coals while being hung from
the ceiling after members of his family tried to escape from the camp.
Officials prohibited live births in prison and ordered forced
abortions, particularly in detention centers holding women repatriated
from China, according to refugee reports. In some cases of live birth,
there were reports that prison guards killed the infant or left it for
dead. In addition guards reportedly sexually abused female prisoners.
Reeducation through labor, primarily through sentences at forced
labor camps, was a common punishment and consisted of tasks such as
logging, mining, or tending crops under harsh conditions. Reeducation
involved memorizing speeches by Kim Jong-il.
Prison and Detention Center Conditions.--NGO, refugee, and press
reports indicated that there were several types of prisons, detention
centers, and camps, including forced labor camps and separate camps for
political prisoners. Defectors claimed the camps covered areas as large
as 200 square miles. The camps appeared to contain mass graves,
barracks, worksites, and other prison facilities.
Those sentenced to prison for nonpolitical crimes were typically
sent to reeducation prisons where prisoners were subjected to intense
forced labor. Those who were considered hostile to the regime or who
committed political crimes, such as defection, were sent to political
prison camps indefinitely. Many prisoners in political prison camps
were not expected to survive. The Government continued to deny the
existence of political prison camps.
Reports indicated that conditions in the political prison camps
were harsh. Systematic and severe human rights abuses occurred
throughout the prison and detention system. Detainees and prisoners
consistently reported violence and torture. According to refugees, in
some places of detention, prisoners received little or no food and were
denied medical care. Sanitation was poor, and former labor camp inmates
reported they had no changes of clothing during their incarceration and
were rarely able to bathe or wash their clothing.
The Government did not permit inspection of prisons or detention
camps by human rights monitors.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, but the Government did not observe these
prohibitions in practice.
Role of the Police and Security Apparatus.--The internal security
apparatus includes the Ministry of Public Security (MPS) and the State
Security Department (SSD). Reports of diversion of food aid to the
military and regime officials and of official bribery were indicative
of corruption in the security forces. The security forces do not have
adequate mechanisms to investigate possible security force abuses.
The army has four branches: Ground Force, Naval Force, Air Force,
and Civil Securities Force. The country has an estimated 1.1 million
active military personnel, in addition to a reserve force of
approximately three million.
During the year one South Korean NGO reported that the role of the
police increased significantly. The increased responsibility reportedly
caused tension between the police and the military.
Arrest and Detention.--Members of the security forces arrested and
transported citizens suspected of committing political crimes to prison
camps without trial. According to one South Korean NGO, on February 1,
the People's Safety Agency was authorized to handle directly criminal
cases without approval of prosecutors. Previously, once police officers
arrested suspects, the preadjudication department examined facts and
evidence of the case and passed the case to prosecutors. It was not
until the completion of prosecutors' investigation that the court made
an official decision on the case. The change was made reportedly
because of corruption among prosecutors.
There were no restrictions on the Government's ability to detain
and imprison persons at will or to hold them incommunicado. Family
members and other concerned persons found it virtually impossible to
obtain information on charges against detained persons or the lengths
of their sentences. Judicial review of detentions did not exist in law
or in practice.
e. Denial of Fair Public Trial.--The constitution states that
courts are independent and that judicial proceedings are to be carried
out in strict accordance with the law; however, an independent
judiciary did not exist. The constitution mandates that the central
court is accountable to the Supreme People's Assembly, and the criminal
code subjects judges to criminal liability for handing down ``unjust
judgments.''
Trial Procedures.--The MPS dispensed with trials in political cases
and referred prisoners to the SSD for punishment. Little information
was available on formal criminal justice procedures and practices, and
outside access to the legal system was limited to show trials for
traffic violations and other minor offenses.
The constitution contains elaborate procedural protections,
providing that cases should be heard in public, except under
circumstances stipulated by law. The constitution also states that the
accused has the right to a defense, and when trials were held, the
Government reportedly assigned lawyers. Some reports noted a
distinction between those accused of political, as opposed to
nonpolitical, crimes and claimed that the Government offered trials and
lawyers only to the latter. There was no indication that independent,
nongovernmental defense lawyers existed.
Political Prisoners and Detainees.--While the total number of
political prisoners and detainees remained unknown, an estimated
150,000 to 200,000 persons were believed to be held in kwan li so
political prison camps. The Government considered critics of the regime
to be political criminals. Reports from past years described political
offenses as including sitting on newspapers bearing Kim Il-sung's or
Kim Jong-il's picture, mentioning Kim Il-sung's limited formal
education, or defacing photographs of the Kims.
Civil Judicial Procedures and Remedies.--According to article 69 of
the constitution, ``[c]itizens are entitled to submit complaints and
petitions. The state shall fairly investigate and deal with complaints
and petitions as fixed by law.'' Under the Law on Complaint and
Petition, citizens are entitled to submit complaints to stop
encroachment upon their rights and interests or seek compensation for
the encroached rights and interests. This right was not respected in
practice.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution provides for the inviolability of
person and residence and the privacy of correspondence; however, the
Government did not respect these provisions in practice. The regime
subjected its citizens to rigid controls. The Government relied upon a
massive, multilevel system of informants to identify critics and
potential troublemakers. Entire communities sometimes were subjected to
security checks. Possessing ``antistate'' material and listening to
foreign broadcasts were crimes that could subject the transgressor to
harsh punishments, including up to five years of labor reeducation.
The Government monitored correspondence and telephone
conversations. Private telephone lines operated on a system that
precluded making or receiving international calls; international phone
lines were available only under restricted circumstances. Foreign
diplomats in Pyongyang stated that the local network was subdivided so
phone use remained a privilege. Although a government-controlled
cellular phone network existed, cell phone use has been banned for the
general population since 2004. During the year defectors reported
contacting their relatives in the country via this network.
The Government divided citizens into loyalty-based classes, which
determined access to employment, higher education, place of residence,
medical facilities, and certain stores.
Collective punishment was practiced. Entire families, including
children, have been imprisoned when one member of the family was
accused of a crime. A 2006 decree on cutting electric power or
communication lines and conducting illegal drug transactions states
that a violator's family shall be ``expelled.''
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, the Government prohibited
the exercise of these rights in practice.
The constitution provides for the right to petition. However, the
Government did not respect this right. For example, when anonymous
petitions or complaints about state administration were submitted, the
SSD and MPS sought to identify the authors, who could be subjected to
investigation and punishment.
A South Korean NGO reported in March a professor at Gimchaek
University of Technology was sentenced to five years in a reeducation
center, and her party membership and professorship were revoked for
speaking in the South Korean dialect during her class.
The Government sought to control virtually all information. There
were no independent media. The Government carefully managed visits by
foreigners, especially foreign journalists.
During visits by foreign leaders, groups of foreign journalists
were permitted to accompany official delegations and to file reports.
In all cases journalists were monitored strictly. They generally were
not allowed to talk to officials or to persons on the street, and
cellular or satellite phones were held at the airport for the duration
of a visitor's stay.
Domestic media censorship continued to be enforced strictly, and no
deviation from the official government line was tolerated. The
Government prohibited listening to foreign media broadcasts except by
the political elite, and violators were subject to severe punishment.
Radios and television sets, unless altered, received only domestic
programming; radios obtained from abroad had to be altered to operate
in a similar manner. Elites and facilities for foreigners, such as
hotels, could be granted permission to receive international television
broadcasts via satellite. The Government continued to attempt to jam
all foreign radio broadcasts. During the year the Government condemned
the activities of a defector-run broadcasting station in South Korea.
Internet Freedom.--Internet access for citizens was limited to
high-ranking officials and other designated elites, including select
university students. This access was granted via international
telephone lines through a provider in China, as well as a local
connection that was linked with a German server. An ``intranet'' was
reportedly available to a slightly larger group of users, including an
elite grade school; selected research institutions, universities, and
factories; and a few individuals. The Korean Communication Corporation
acted as the gatekeeper, downloading only acceptable information for
access through the intranet. Reporters Without Borders reported that
some e-mail access existed through this internal network. According to
a press report, an increasing number of citizens had e-mail addresses
on their business cards, although they were usually e-mail addresses
shared among all the employees of an organization.
Academic Freedom and Cultural Events.--The Government restricted
academic freedom and controlled artistic and academic works. A primary
function of plays, movies, operas, children's performances, and books
was to buttress the cult of personality surrounding Kim Il-sung and Kim
Jong-il.
According to North Korean media, Kim Jong-il frequently told
officials that ideological education must take precedence over academic
education in the nation's schools. Indoctrination was carried out
systematically through the mass media, schools, and worker and
neighborhood associations. Indoctrination continued to involve mass
marches, rallies, and staged performances, sometimes including hundreds
of thousands of persons.
A South Korean NGO reported that the Government seized a music
teacher's license and confiscated her diploma for ``violating socialist
ideology.'' The teacher had been providing illegal private lessons.
The Government continued its attempt to limit foreign influences on
its citizens. Listening to foreign radio and watching foreign films is
illegal; however, numerous NGOs reported that Chinese and South Korean
DVDs continued to be smuggled into the country. The Government
intensified its focus on preventing the smuggling of imports of South
Korean popular culture, especially television dramas. According to a
media report, in an attempt to enforce the restriction on foreign
films, police routinely cut electricity to apartment blocks and then
raided every apartment to see what types of DVDs were stuck in the
players. In January, an NGO reported that three citizens received death
sentences for involvement in handling movies smuggled from China and
South Korea. The NGO also reported that the Government in August began
a crackdown on illegal media in Hyesan City, Ryanggang Province and
that those caught watching South Korean movies were sentenced to
reeducation.
A South Korean NGO reported that in early July five students at the
Machinery Vocational School in Onsung County, North Hamgyong Province,
were detained and sentenced to six months at a labor camp for watching
South Korean dramas.
Another NGO reported in September that five students faced a public
trial for watching South Korean DVDs. One of the students reportedly
was sentenced to seven years in prison and his family was expelled from
Pyongyang. The four others were sentenced to two years of forced labor.
One NGO reported that authorities banned the sale of Chinese VCRs
during the year. The NGO reported that on October 29, security officers
visited private homes and confiscated all televisions and VCRs
registered after October 2005. However, the NGO reported that
individuals were able to bribe the security officers in order to keep
the equipment.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
the Government did not respect this provision in practice and continued
to prohibit public meetings without prior authorization.
Freedom of Association.--The constitution provides for freedom of
association; however, the Government failed to respect this provision
in practice. There were no known organizations other than those created
by the Government. Professional associations existed primarily to
facilitate government monitoring and control over organization members.
c. Freedom of Religion.--The constitution provides for ``freedom of
religious belief''; however, in practice the Government severely
restricted religious freedom unless supervised by officially recognized
groups linked to the Government. The law also stipulates that religion
``should not be used for purposes of dragging in foreign powers or
endangering public security.'' Genuine religious freedom did not exist.
The personality cult of Kim Il-sung and Kim Jong-il continued to
resemble a state religion that provided a spiritual underpinning for
the regime. Refusal to accept the leader as the supreme authority was
regarded as opposition to the national interest and continued to result
in severe punishment.
The 2007 Korea Institute for National Unification's White Paper on
Human Rights in North Korea concluded that the regime used authorized
religious entities for external propaganda and political purposes and
strictly barred local citizens from entering places of worship. For
example, funds and goods that were donated to government-approved
churches were channeled to the KWP by the Government.
There were unconfirmed reports that the nonreligious children of
religious believers may be employed at mid-levels of the Government. In
the past such individuals suffered broad discrimination with sometimes
severe penalties or even imprisonment.
According to defector reports, the Government reportedly was
concerned that faith-based South Korean relief and refugee assistance
efforts along the border with China had both humanitarian and political
goals, including overthrow of the regime, and alleged that these groups
were involved in intelligence gathering. According to an unconfirmed
claim from one foreign religious NGO, nine North Korean nationals in
its network disappeared in 2007. The reason for their reported
disappearance could not be confirmed.
There continued to be reports of underground Christian churches.
The Government repressed and persecuted unauthorized religious groups
in recent years. Defectors reported that persons engaged in religious
proselytizing, persons with ties to overseas evangelical groups, and
repatriated persons who contacted foreigners while outside the country
were arrested and subjected to harsh punishment. Defectors asserted
that citizens who received help from foreign churches were considered
political criminals and received harsher treatment, including
imprisonment, prolonged detention without charge, torture, and
execution.
According to NGO reports, 10 college students were arrested by the
National Security Agency for reading a Bible and watching a DVD about
the Bible.
Religious and human rights groups outside the country continued to
provide numerous unconfirmed reports that members of underground
churches were beaten, arrested, detained in prison camps, tortured, or
killed because of their religious beliefs.
Societal Abuses and Discrimination.--There was no information on
societal violence, harassment, or discrimination against members of
religious groups.
There was no known Jewish population, and there were no reports of
anti--Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for the ``freedom to
reside in or travel to any place''; however, the Government did not
respect this right in practice. During the year the Government
continued to attempt to control internal travel. The Government did not
cooperate with the Office of the UN High Commissioner for Refugees and
other humanitarian organizations in assisting refugees and asylum
seekers.
The Government continued to restrict the freedom to move within the
country. Only members of a very small elite class and those with access
to remittances from overseas had access to personal vehicles, and
movement was hampered by the absence of an effective transport network
and by military and police checkpoints on main roads at the entry to
and exit from every town. Use of personal vehicles at night and on
Sundays was restricted. Violators of the karaoke bar ban reportedly
were warned that punishment could include relocation to other regions
within the country.
The Government strictly controlled permission to reside in, or even
to enter, Pyongyang, where food supplies, housing, health, and general
living conditions were much better than in the rest of the country.
Foreign officials visiting the country observed checkpoints on the
highway leading into Pyongyang from the countryside.
The Government also restricted foreign travel. The regime limited
issuance of exit visas for foreign travel to officials and trusted
businessmen, artists, athletes, academics, and religious figures.
Short--term exit papers were available for some residents on the
Chinese border to enable visits with relatives or to engage in small-
scale trade.
It is not known whether the laws prohibit forced exile; the
Government forced the internal exile of some citizens. In the past the
Government engaged in forced internal resettlement of tens of thousands
of persons from Pyongyang to the countryside. Sometimes this occurred
as punishment for offenses, although social engineering was also
involved. For example, although disabled veterans were treated well,
other persons with physical and mental disabilities, as well as those
judged to be politically unreliable, have been sent out of Pyongyang
into internal exile.
The Government did not allow emigration, although officials in
border areas reportedly took bribes from, or simply let pass, persons
crossing the border into China without required permits. The media and
NGOs reported periodic crackdowns on this practice, with a stepped--up
military presence along the border. Late in the year, several NGOs also
reported stricter penalties recently imposed on attempted defectors.
Substantial numbers of citizens have crossed the border into China
over the years, and NGO estimates of those who lived there during the
year ranged from tens of thousands to hundreds of thousands. Some
settled semi-permanently in northeastern China, others traveled back
and forth across the border, and others sought asylum and permanent
resettlement in third countries. A few thousand citizens gained asylum
in third countries during the year.
The law criminalizes defection and attempted defection, including
the attempt to gain entry to a foreign diplomatic facility for the
purpose of seeking political asylum. Individuals who cross the border
with the purpose of defecting or seeking asylum in a third country are
subject to a minimum of five years of ``labor correction.'' In
``serious'' cases defectors or asylum seekers are subject to indefinite
terms of imprisonment and forced labor, confiscation of property, or
death. Many would-be refugees who were returned involuntarily were
imprisoned under harsh conditions. Some sources indicated that the
harshest treatment was reserved for those who had extensive contact
with foreigners. In 2006 China reported it had repatriated a North
Korean asylum seeker known as Kim Chun-hee, despite requests from the
international community not to repatriate her. Kim's whereabouts
remained unknown. In 2006 Chinese police arrested and deported to North
Korea nine relatives of South Korean POWs; one NGO reported that the
nine were likely in prison, but their whereabouts remained unknown.
In the past, reports from defectors indicated that the regime
differentiated between persons who crossed the border in search of food
(who might be sentenced only to a few months of forced labor or in some
cases merely issued a warning) and persons who crossed repeatedly or
for political purposes (who were sometimes sentenced to heavy
punishments). The law stipulates a sentence of up to two years of
``labor correction'' for the crime of illegally crossing the border.
During the year the Government reportedly continued to enforce the
policy that all border crossers be sent to prison.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, nor has the
Government established a system for providing protection for refugees.
The Government did not grant refugee status or asylum. The Government
had no known policy or provision for refugees or asylees and did not
participate in international refugee fora.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens do not have the right to change their government
peacefully. The KWP and the KPA, with Kim Jong-il in control, dominated
the political system. Little reliable information was available on
intraregime politics. The legislature, the Supreme People's Assembly
(SPA), meets only a few days per year to rubber-stamp resolutions
presented by the party leadership.
The Government justified its dictatorship with nationalism and
demanded near deification of both Kim Jong-il and Kim Il-sung. All
citizens remained subject to intensive political and ideological
indoctrination, which was intended to ensure loyalty to the leadership
and conformity to the state's ideology and authority.
Elections and Political Participation.--Elections of delegates to
the provincial, municipal, and county people's assemblies were held in
July of 2007. The elections were not free and fair, and the outcome was
virtually identical to prior elections. The Government openly monitored
voting, resulting in nearly 100 percent participation and 100 percent
approval.
The Government has created several ``minority parties.'' Lacking
grassroots organizations, they existed only as rosters of officials
with token representation in the SPA. The Government regularly
criticized the concept of free elections and competition among
political parties as an ``artifact'' of ``capitalist decay.''
Women made up 20 percent of the membership of the SPA as of the
2003 elections, and approximately 4 percent of the membership of the
KWP central committee.
The country is racially and ethnically homogenous. Officially there
are no minorities, and there is, therefore, no information on minority
representation in the Government.
Government Corruption and Transparency.--It is not known whether
the law provides criminal penalties for official corruption, whether
the Government implemented any such laws effectively, or how often
officials engaged in corrupt practices with impunity.
Reports of diversion of food aid to the military and government
officials and bribery were indicative of corruption in the Government
and security forces. The Government continued to deny any diversion of
food aid, although it hinted that it was combating internal corruption.
Foreign media reported that the Government launched a formal
corruption investigation in January specifically targeting the National
Economic Cooperation Federation (NECF) and the North Korean People's
Council for National Reconciliation. The NECF reportedly accepted
bribes to label Chinese-made goods as ``Made in North Korea,'' allowing
them to be exported to South Korea duty free.
It is not known whether public officials are subject to financial
disclosure laws and whether a government agency is responsible for
combating corruption. There are no known laws that provide for public
access to government information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no independent domestic organizations to monitor human
rights conditions or to comment on the status of such rights. The
Government's North Korean Human Rights Committee has denied the
existence of any human rights violations in the country.
The Government ignored requests for visits from international human
rights NGOs. The NGO community and numerous international experts
continued to testify to the grave human rights situation in the country
during the year. The Government decried international statements about
human rights abuses in the country as politically motivated and as
interference in internal affairs. The Government asserted that
criticism of its human rights record was an attempt by some countries
to cover up their own abuses and that such hypocrisy undermined human
rights principles.
The Government emphasized that it had ratified most UN human rights
instruments but continued to refuse cooperation with UN
representatives. The Government continued to prevent the UN Special
Rapporteur on the Situation of Human Rights in the DPRK, Vitit
Muntarbhorn, from visiting the country to carry out his mandate. The
Government continued to refuse to recognize the special rapporteur's
mandate and rejected the offer of the Office of the High Commissioner
on Human Rights to work with the Government on human rights treaty
implementation.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution grants equal rights to all citizens. However, the
Government has never granted its citizens most fundamental human rights
in practice, and it continued pervasive discrimination on the basis of
social status.
Women.--The Government appeared to criminalize rape, but no
information was available on details of the law and how effectively the
law was enforced. Women in prison camps reportedly were subject to rape
and forced abortions.
Violence against women was a significant problem both inside and
outside the home.
According to press reports, prostitution is illegal; there is no
available information on the prevalence of prostitution in the country.
There continued to be reports of trafficking in women and young girls
who had crossed into China.
The constitution states that ``women hold equal social status and
rights with men;'' however, although women were represented
proportionally in the labor force, few women had reached high levels of
the party or the Government.
Children.--The state provides 11 years of free compulsory education
for all children. However, in the past some children were denied
educational opportunities and subjected to punishments and
disadvantages as a result of the loyalty classification system and the
principle of ``collective retribution'' for the transgressions of
family members.
Foreign visitors and academic sources reported that from fifth
grade children were subjected to several hours a week of mandatory
military training and that all children have indoctrination at their
schools.
The UN Committee on the Rights of the Child repeatedly has
expressed concern over de facto discrimination against children with
disabilities and the insufficient measures taken by the state to ensure
these children had effective access to health, education, and social
services.
It is not known whether boys and girls have equal access to state-
provided medical care; access to health care was largely dependent upon
loyalty to the Government.
Information about societal or familial abuse of children remained
unavailable. There were reports of trafficking in young girls among
persons who had crossed into China.
Trafficking in Persons.--There were no known laws specifically
addressing the problem of trafficking in persons, and trafficking of
women and young girls into and within China continued to be widely
reported. Some North Korean women and girls who voluntarily crossed
into China were picked up by trafficking rings and sold as brides to
Chinese nationals or placed in forced labor. In other cases, North
Korean women and girls were lured out of North Korea by the promise of
food, jobs, and freedom, only to be forced into prostitution, marriage,
or exploitive labor arrangements. A network of smugglers facilitated
this trafficking. Many victims of trafficking, unable to speak Chinese,
were held as virtual prisoners, and some were forced to work as
prostitutes. Traffickers sometimes abused or physically scarred the
victims to prevent them from escaping. Officials facilitated
trafficking by accepting bribes to allow individuals to cross the
border into China.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--A law enacted in 2003 mandates equal
access for persons with disabilities to public services; however,
implementing legislation has not been passed. Traditional social norms
condone discrimination against persons with physical disabilities.
Although veterans with disabilities were treated well, other persons
with physical and mental disabilities have been sent out of Pyongyang
into internal exile. According to a report released in 2006 by the
World Association of Milal, an international disability NGO, persons
with disabilities constituted approximately 3.4 percent of the
population, more than 64 percent of whom lived in urban areas. A
foreign observer who travels to the country reported during the year
that rehabilitation centers for the disabled are beginning to appear,
together with facilities for the elderly. A foreign NGO reported that
the North Korean Federation for the Protection of the Disabled allowed
them to operate in North Korea. It is not known whether the Government
restricts the right of persons with disabilities to vote or participate
in civic affairs.
Other Societal Abuses and Discrimination.--No information was
available on other societal abuses and discrimination, such as societal
violence or discrimination based on sexual orientation.
No information was available regarding discrimination against
persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The constitution provides for freedom
of association; however, this provision was not respected in practice.
There were no known labor organizations other than those created by the
Government. The KWP purportedly represents the interests of all labor.
There was a single labor organization, the General Federation of Trade
Unions of Korea. Operating under this umbrella, unions functioned on
the classic Stalinist model, with responsibility for mobilizing workers
to support production goals and for providing health, education,
cultural, and welfare facilities.
Unions do not have the right to strike. According to North Korean
law, unlawful assembly can result in five years of correctional labor.
b. The Right to Organize and Bargain Collectively.--Workers do not
have the right to organize or to bargain collectively. Factory and farm
workers were organized into councils, which had an impact on management
decisions. According to the International Trade Union Confederation,
North Korean law does not contain penalties for employers who interfere
in union functions, nor does it protect workers who might attempt to
engage in union activities from employer retaliation.
There was one special economic zone (SEZ) in the Rajin--Sonbong
area. The same labor laws that applied in the rest of the country
applied in the Rajin--Sonbong SEZ, and workers in the SEZ were selected
by the Government.
Under a special law that created the Kaesong Industrial Complex
(KIC), located close to the demilitarized zone between South Korea and
North Korea, special regulations covering labor issues negotiated
between North Korea and South Korea were in effect for the management
of labor in the area. Those regulations did not contain provisions that
guarantee freedom of association or the right to bargain collectively.
According to South Korea's Ministry of Unification, at year's end
approximately 79 South Korean firms, including small firms operating in
an apartment--type factory, were producing goods at the KIC. There were
approximately 33,000 North Korean workers employed at the site. South
Korea's Ministry of Unification reported that the DPRK's Central
Special Area Development Directing Bureau provided candidates for
selection by the South Korean companies. Under this agreement North
Korean workers in the KIC reportedly earned a monthly minimum wage of
approximately $63.40 (according to the Kaesong Industrial Complex Labor
Law, wages are set in U.S. dollars), after a second 5 percent wage
increase took effect in August. Employing firms reported that, with
overtime, the average worker earned approximately $74 before
deductions. Due to the lack of transparency, it was difficult to
determine what proportion of their earned wages workers ultimately took
home. Although the special laws governing the KIC require direct
payment to the workers, the wages were in fact paid to the North Korean
government, which withheld a portion for social insurance and other
benefits and then remitted the balance (reportedly about 70 percent) to
the workers in an unknown combination of ``commodity supply cards,''
which could be exchanged for staple goods, and North Korean won,
converted at the official exchange rate. On December 1, the Government
restricted border crossings and access to the KIC, protesting what it
called ``hostile policies'' of ROK President Lee Myung Bak.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor. However, the Government mobilized the
population for construction and other labor projects, including on
Sundays, the one day off a week. The penal code criminalizes forced
child labor; however, there were reports that such practices occurred
(See Section 6.d.). The Government also frequently gathered large
groups together for mass demonstrations and performances. ``Reformatory
labor'' and ``reeducation through labor'' have traditionally been
common punishments for political offenses. Forced and compulsory labor,
such as logging and tending crops, continued to be the common fate of
political prisoners.
The penal code requires that all citizens of working age must work
and ``strictly observe labor discipline and working hours.'' According
to the penal code, failure to meet economic plan goals can result in
two years of ``labor correction.''
d. Prohibition of Child Labor and Minimum Age for Employment.--
According to the law, the state prohibits work by children under the
age of 16 years.
School children sometimes were sent to work in factories or in the
fields for short periods to assist in completing special projects, such
as snow removal on major roads, or in meeting production goals.
Children were forced also to participate in cultural activities and,
according to academic reports, were subjected to harsh conditions
during mandatory training sessions. According to a South Korean press
report, the Government required high school and college students to
participate in unpaid ``voluntary work,'' particularly rice-planting
efforts, during their vacation periods. A defector interviewed by the
UN special rapporteur reported that the Government sometimes took young
people from the street and forced them to work on the farms.
e. Acceptable Conditions of Work.--No reliable data were available
on the minimum wage in state-owned industries. However, anecdotal
reports indicated that the average daily wage was not sufficient to
provide a decent standard of living for a worker and family. Since the
2002 economic reforms, compensation underwent significant change as
citizens sought to earn hard currency to support themselves and their
families. Workers often had to pay for services that previously had
been provided either free or at highly subsidized rates by the state,
such as rent for housing and fees for transportation. While education
and medical care technically remained free, educational materials and
medicines appeared available only for purchase in markets. Foreign
observers who visited the country reported that many factory workers
regularly failed to go to work, paying a bribe to managers to list them
as present, so they could engage in various trading and entrepreneurial
activities instead. The same source stated that many government
factories were not operating, primarily due to electricity shortages.
Class background and family connections could be as important as
professional competence in deciding who received particular jobs, and
foreign companies that have established joint ventures continued to
report that all their employees must be hired from registers screened
by the Government.
The constitution stipulates an eight-hour workday; however, some
sources reported that laborers worked longer hours, perhaps including
additional time for mandatory study of the writings of Kim Il-sung and
Kim Jong-il. The constitution provides all citizens with a ``right to
rest,'' including paid leave, holidays, and access to sanitariums and
rest homes funded at public expense; however, the state's willingness
and ability to provide these services was unknown. Foreign diplomats
reported that workers had 15 days of paid leave plus paid national
holidays. Some persons were required to take part in mass events on
holidays, which sometimes required advance practice during work time.
Workers were often required to ``celebrate'' at least some part of
public holidays with their work units and were able to spend a whole
day with their families only if the holiday lasted two days.
Many worksites were hazardous, and the industrial accident rate was
high. The law recognizes the state's responsibility for providing
modern and hygienic working conditions. The penal code criminalizes the
failure to heed ``labor safety orders'' pertaining to worker safety and
workplace conditions only if it results in the loss of lives or other
``grave loss.'' In addition workers do not have an enumerated right to
remove themselves from hazardous working conditions.
Citizens suffered human rights abuses and labored under harsh
conditions while working abroad for North Korean firms and under
arrangements between the North Korean government and foreign firms.
According to press reports, such contract laborers worked in Mongolia,
Russia, Libya, Saudi Arabia, Bulgaria, and Angola. In most cases
employing firms paid salaries to the North Korean government, and it
was not known how much of that salary the workers received. Workers
were typically watched closely by government officials while overseas
and reportedly did not have freedom of movement outside their living
and working quarters.
Wages of some of the several thousand North Koreans employed in
Russia reportedly were withheld until the laborers returned home,
making them vulnerable to deception by North Korean authorities, who
promised relatively high payments.
__________
KOREA, REPUBLIC OF
The Republic of Korea (Korea or ROK) is a constitutional democracy
governed by a president and a unicameral legislature. The country has a
population of approximately 48 million. In April the Grand National
Party obtained a majority of National Assembly seats in a free and fair
election. Civilian authorities generally maintained effective control
of the security forces.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Women, persons
with disabilities, and minorities continued to face societal
discrimination. Rape, domestic violence, child abuse, and trafficking
in persons remained serious problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
Official figures indicated that hazing was a factor in many of the
321 suicides by military personnel since 2004.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits mistreatment of suspects, and officials
generally observed this prohibition in practice.
The Government continued to investigate incidents of possible abuse
under the country's former military regimes. As of November the
Commission for the Restoration of Honor and Compensation to Activists
of the Democratization Movement had reviewed 11,241 of the 13,348 cases
reported since its creation in 2000 and determined that compensation
was due in 8,908 of them.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted visits by independent human rights observers.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions. However, the National Security Law (NSL) grants the
authorities broad powers to detain, arrest, and imprison persons who
commit acts the Government views as intended to endanger the ``security
of the state.'' Critics continued to call for reform or abolishment of
the law, contending that its provisions did not define prohibited
activity clearly. The Ministry of Justice (MOJ) maintained that the
courts had established legal precedents for strict interpretation of
the law that preclude arbitrary application. The number of NSL
investigations and arrests has dropped significantly in recent years.
During the year authorities arrested 16 persons and prosecuted
another 27 persons for alleged NSL violations. Of those prosecuted,
four were found guilty; the remaining 23 were on trial as of year's
end. In August authorities indicted a secondary school teacher on
charges of violating the NSL for distributing materials related to the
May 1980 Kwangju uprising. At the end of the year he was awaiting trial
without physical detention. In another case four members of a
nongovernmental organization (NGO) were detained and charged in
September with illegal contact with Democratic People's Republic of
Korea (DPRK or North Korea) agents and distribution of North Korean
press material for the purpose of exalting DPRK leader Kim Jong-il. The
NGO claimed the Government used falsehoods against the four and filed a
defamation claim for damages. At year's end the four were in detention
awaiting trial, and the defamation claim had not been settled.
In November 2007 a university professor found guilty of violating
the NSL and sentenced in 2006 to two years in prison lost his final
appeal.
An Amnesty International (AI) report alleged there were arbitrary
arrests of bystanders on at least three occasions during demonstrations
against President Lee Myung-bak in Seoul between May and September.
Those arrested were detained and released. The Korean National Police
Agency (KNPA) stated that police followed the requirements of the law
in responding to the demonstrations. The MOJ reported that official
investigations had not confirmed any instances of arbitrary arrest as
of year's end.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the KNPA, and the Government has
effective mechanisms to investigate and punish abuse and corruption.
AI reported that some riot police dispatched to demonstrations in
Seoul between May and September had hidden their name badges or not
worn them. The National Human Rights Commission (NHRC) also reported
that some riot police had covered their nametags with black tape and
recommended that the KNPA ensure that police nametags are easily
visible.
Arrest and Detention.--The law requires warrants in cases of
arrest, detention, seizure, or search, except if a person is
apprehended while committing a criminal act or if a judge is not
available and the authorities believe that a suspect may destroy
evidence or escape capture if not quickly arrested. In such cases a
public prosecutor or judicial police officer must prepare an affidavit
of emergency arrest immediately upon apprehension of the suspect.
Police may not question for more than six hours persons who voluntarily
submit to questioning at police stations. Authorities generally must
release an arrested suspect within 20 days unless an indictment is
issued. An additional 10 days of detention is allowed in exceptional
circumstances.
There is a bail system, but human rights lawyers stated that bail
generally was not granted for detainees who were charged with
committing serious offenses, might attempt to flee or harm a previous
victim, or had no fixed address.
The law provides for the right to representation by an attorney,
including during police interrogation. There are no restrictions on
access to a lawyer, but the authorities can limit a lawyer's
participation in an interrogation if the lawyer obstructs the
interrogation or divulges information that impedes an investigation.
The courts generally observed a defendant's right to a lawyer. During
both detention and arrest periods, an indigent detainee may request
that the Government provide a lawyer.
Access to family members during detention varies according to the
level of crime being investigated. There were no reports of access to
legal counsel being denied.
Amnesty.--In August the Government granted a special amnesty to
approximately 342,000 persons. Most were government officials due to
receive disciplinary action. Approximately 1,900 of the pardons
involved Election Act violations and another 10,000 involved
commutation of sentences or probation for persons convicted of other
crimes.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The law provides defendants with a number of
rights in criminal trials, including the presumption of innocence,
protection against self-incrimination, the right to a speedy trial, the
right of appeal, and freedom from retroactive laws and double jeopardy.
Trials are open to the public, but judges may restrict attendance if
they believe spectators might disrupt the proceedings. There is a
public jury system, but the verdict of the jury is not legally binding.
Court-appointed lawyers are provided by the Government (at government
expense) in cases where defendants cannot afford to provide their own
legal counsel. When a person is detained, the initial trial must be
completed within six months of arrest. Judges generally allowed
considerable scope for examination of witnesses by both the prosecution
and defense. Defendants have the right to be present and to consult
with an attorney, can confront or question witnesses against them, and
can present witnesses and evidence on their behalf. Defendants have
access to government-held evidence relevant to their cases. The
constitution provides for the right to a fair trial, and an independent
judiciary generally enforced this right.
Political Prisoners and Detainees.--It was difficult to estimate
the number of political prisoners, because it was sometimes unclear
whether persons were arrested for exercising the rights of free speech
and association or for committing acts of violence or espionage. The
NGO Mingahyup reported that as of December, the Government had
imprisoned 74 persons for their political beliefs and convicted 399
conscientious objectors who failed to report for military service.
However, the MOJ stated that there were no cases of incarceration for
political beliefs and that the law does not distinguish conscientious
objectors from others who do not report for military service.
Civil Judicial Procedures and Remedies.--There was an independent
and impartial judiciary in civil matters, and there were no problems
enforcing domestic court orders. Citizens had access to a court to
bring lawsuits seeking damages for, or cessation of, a human rights
violation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. Some human rights
groups raised concerns about possible government wiretapping abuse. The
law establishes broad conditions under which the Government may monitor
telephone calls, mail, and other forms of communication for up to two
months in criminal investigations and four months in national security
cases. According to the National Assembly parliamentary audit, there
were 1,149 instances of wiretapping in 2007. The National Intelligence
Service conducted 87.9 percent of these. Telecommunications companies
provided customer information to investigation agencies on 426,453
occasions in 2007.
The Government continued to require some released prisoners to
report regularly to police in accordance with the Security Surveillance
Act. While the Ministry of Unification (MOU) designated precinct-level
officers to handle issues brought forth by resettled DPRK refugees, the
ministry claimed that there were no reporting requirements for the
resettled citizens.
The NSL forbids citizens from listening to North Korean radio in
their homes or reading books published in the DPRK if the Government
determines that the action endangers national security or the basic
order of democracy in the country. However, this prohibition was rarely
enforced, and the viewing of DPRK satellite telecasts in private homes
is legal.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press. The independent media were active and
expressed a wide variety of views generally without restriction.
However, under the NSL the Government may limit the expression of ideas
that authorities consider Communist or pro-DPRK.
Internet Freedom.--The Government blocked violent, sexually
explicit, and gambling-oriented Web sites and required site operators
to rate their site as harmful or not harmful to youth, based on
telecommunications laws that ban Internet service providers from
offering information considered harmful to youth. The Government also
continued to block DPRK Web sites.
The law requires identity verification in order to post messages to
Web sites with more than 300,000 visitors per day.
According to 2007 Organization for Economic Cooperation and
Development data, 94.1 percent of households had access to the Internet
through broadband connections. In addition to Internet access from
home, public Internet rooms were widely available and inexpensive.
Academic Freedom and Cultural Events.--There were generally no
government restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
generally respected this right in practice. The law prohibits
assemblies that are considered likely to undermine public order and
requires police to be notified in advance of demonstrations of all
types, including political rallies. The police must notify organizers
if they consider an event impermissible under this law; however, police
routinely approved demonstrations. The police reportedly banned some
protests by groups that had not properly registered or that had been
responsible for violent protests in the past.
The KNPA reported that 26 riot police were accused of abuses during
the period of the ``Candlelight Demonstrations'' in Seoul against the
administration of President Lee Myung-bak between May and September. An
AI report on the demonstrations noted that protesters were mostly
peaceful and the police showed ``organization and restraint,'' but it
criticized riot police for misusing water cannons and fire
extinguishers; exercising excessive and unnecessary force; and kicking
and beating protesters, journalists, observers, and medical volunteers
with shields and batons. The report also stated that riot police were
insufficiently trained in crowd control and dispersion. The NHRC also
reported that police occasionally had suppressed demonstrations in an
excessive manner, injuring protesters. The KNPA stated that police
responded to violent and illegal demonstrations in accordance with the
law. Official investigations of allegations of police abuse were
ongoing at year's end.
Freedom of Association.--The law provides for freedom of
association, and the Government generally respected this right in
practice. Associations operated freely, except those deemed by the
Government to be seeking to overthrow the Government. In December 2007,
for example, Jang Min-ho, a foreign citizen and former reporter for the
newspaper Joongang Daily, was sentenced to seven years and fined 19
million won (approximately $14,300) for allegedly meeting with DPRK
spies. He was serving his sentence as of year's end.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
In August tens of thousands of Buddhists protested alleged
discrimination by the Government. Buddhist leaders denounced a police
search of a temple vehicle for fugitive anti--Lee Myung-bak
demonstrators and demanded the dismissal of the KNPA commissioner
general, who had appeared in a poster promoting a Christian police
event. In September President Lee Myung-bak expressed regret that any
actions of civil servants had ``caused concern within the Buddhist
community.'' The head of the Buddhist Jogye Order accepted an apology
from the police commissioner general in November.
Societal Abuses and Discrimination.--The small Jewish population
consists almost entirely of expatriates. There were no reports of
anti--Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Most citizens could move freely
throughout the country; however, government officials restricted the
movement of certain DPRK defectors by denying them passports. In
January the Supreme Court ruled that the denial of a passport to one
defector was ``unjust.'' While foreign travel generally was
unrestricted, the Government must approve travel to the DPRK. In many
cases travelers going to the DPRK must receive a briefing from the
Ministry of Unification prior to departure. They must demonstrate also
that their trip does not have a political purpose and is not undertaken
to praise the DPRK or criticize the Government. The Government
cooperated with the Office of the UN High Commissioner for Refugees and
other humanitarian organizations in assisting refugees and asylum
seekers.
The law does not include provisions for forced exile of its
citizens, and the Government did not employ it.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. However, the Government routinely did not grant refugee
status or asylum. In practice the Government generally provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened.
Government guidelines provide for offering temporary refuge in the
case of a mass influx of asylum seekers and an alternative form of
protection--a renewable, short-term permit-to those who meet a broader
definition of ``refugee.'' During the year the Government recognized 36
asylum applicants as refugees, many more than in past years. However, a
complex procedure and long delays in refugee status decision making
continued to be problems. At year's end approximately 1,500
applications were pending decisions. Asylum seekers who were recognized
as refugees received basic documentation but frequently encountered
problems in exercising their rights. Like other foreigners, refugees
frequently were subjected to various forms of informal discrimination.
The Government continued its longstanding policy of accepting
refugees from the DPRK, who are entitled to ROK citizenship. The
Government resettled 2,809 North Koreans during the year, resulting in
15,057 North Koreans resettled in the country.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage for all citizens 20 years of age or older.
Elections and Political Participation.--National Assembly elections
held in April were free and fair.
Both the majority and the various minority political parties
operated without restriction or outside interference.
In general elections, 50 percent of each party's candidates on the
proportional ballot must be women, and 30 percent of each party's
geographical candidates are recommended to be women. There were 41
female lawmakers in the 299-seat National Assembly, with three of 18
National Assembly committees chaired by women. Two of 13 Supreme Court
justices and two of 15 cabinet ministers were women.
There were no minorities in the National Assembly.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. The Korea Independent Commission
Against Corruption stated that the overall ``cleanliness level'' of the
Government for 2007 was 8.89 out of 10 points, an improvement from 8.77
in 2006. There were reports of officials receiving bribes and violating
election laws. Several National Assembly members were found guilty of
taking bribes in exchange for fixing candidate lists for proportional
representation seats up for election in April. In November the
prosecutor's office announced corruption indictments against 250
officials at state-backed companies, primarily for taking bribes.
By law public servants above a certain rank must register their
assets, including how they were accumulated, thereby making their
holdings public. Among the anticorruption agencies are the Board of
Audit & Inspection and the Public Servants Ethics Committee. In
February the Korea Independent Commission Against Corruption, Ombudsman
of Korea, and Administrative Appeals Commission were integrated to form
the Anti--Corruption and Civil Rights Commission.
The country has a Freedom of Information Act; in practice the
Government granted access for citizens and noncitizens alike, including
foreign media.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
often were cooperative and responsive to their views.
The NHRC is an independent government body established to protect
and promote human rights; however, it has no enforcement powers and its
decisions are not binding. The NHRC investigates complaints, issues
policy recommendations, and conducts education campaigns. The NHRC
largely has enjoyed the Government's cooperation, received adequate
resources, and been considered effective.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law forbids discrimination on the basis of gender, religion,
disability, social status, and race, and the Government generally
respected these provisions. However, traditional attitudes limited
opportunities for women, persons with disabilities, and ethnic
minorities. While courts have jurisdiction to decide discrimination
claims, many of these cases were instead handled by the NHRC. During
the year 1,380 such cases were brought before the NHRC.
Women.--Rape remained a serious problem. Although there is no
specific statute that defines spousal rape as illegal, the courts have
established a precedent by prosecuting spouses in such cases. The MOJ
stated that there were 7,532 reports of rape and 3,581 prosecutions
during the year. In 2007 there were 15,325 registered cases of sexual
violence, including rape, sexual harassment, and other sexual crimes,
according to the Ministry of Gender Equality (MOGE). A study by the
Korea Institute for Health and Social Affairs and the Korean Institute
of Criminology found that annually 17.9 of every 1,000 women were
victims of sexual harassment, rape, or other sexual crimes, but the
reporting rate for rape was only 7.1 percent. The penalty for rape is
at least three years' limited imprisonment; if a weapon is used or two
or more persons commit the rape, punishment ranges from a minimum of
five years' to life imprisonment.
Violence against women remained a problem. During the year the MOJ
registered 11,048 cases of domestic violence and prosecuted 1,747
cases. According to an MOGE survey, approximately 30 percent of all
married women were victims of domestic violence. The law defines
domestic violence as a serious crime and enables authorities to order
offenders to stay away from victims for up to six months. Offenders can
be sentenced to a maximum five years' imprisonment or fined up to seven
million won ($5,300). Offenders also may be placed on probation or
ordered to see court designated counselors. The law also requires
police to respond immediately to reports of domestic violence, and the
police generally were responsive.
Prostitution is illegal but widespread. In July police began a
crackdown on alleged prostitution-related establishments in multiple
areas of Seoul, closing 61 businesses in one district and prosecuting
approximately 350 persons without physical detention. The Government
allows for the prosecution of citizens who pay for sex or commit acts
of child sexual exploitation in other countries. The Act on the
Prevention of the Sex Trade and Protection of Victims Thereof, which
entered into effect in September, further stipulates that the MOGE
complete a report every three years on the status of domestic
prostitution in addition to the involvement of citizens in sex tourism
and the sex trade abroad. NGOs continued to express concern that sex
tourism to China and Southeast Asia was becoming more prevalent.
The law obligates companies and organizations to take preventive
measures against sexual harassment, but it continued to be a problem.
The NHRC received 152 cases of sexual harassment during the year.
According to the NHRC, remedies included issuance of a recommendation
for redress, conciliation, mutual settlement, and resolution during
investigation. The NHRC lacks the authority to impose punitive
measures, which must be pursued through the court system.
The family law permits a woman to head a household, recognizes a
wife's right to a portion of a couple's property, and allows a woman to
maintain contact with her children after a divorce. The law also allows
remarried women to change their children's family name to their new
husband's name. Women enjoy the same legal rights under the
constitution as men.
Women continued to experience economic discrimination in pay for
substantially similar work. According to the Korea Institute of
Finance, a survey of financial services companies revealed that almost
60 percent of newly created jobs in this sector were filled by women.
The portion of entry-level civil service positions that women filled
increased from 3.2 percent in 1992 to 49 percent in 2007. The Ministry
of Foreign Affairs and Trade reported that 67.7 percent of new
diplomats were women. The Ministry of Labor (MOL) stated that the
employment rate of females between the ages of 15 and 64 had risen
approximately 10 percentage points since 1996, from 43.6 percent to
53.1 percent. Nevertheless, relatively few women worked in managerial
positions or earned more than a median income, and gender
discrimination in the workplace remained a problem. An MOL survey
released in April found that 53.9 percent of respondents believed that
sexual discrimination within the workplace was a serious problem.
The law penalizes companies found to discriminate against women in
hiring and promotions. A company found guilty of practicing sexual
discrimination could be fined up to approximately five million won
($3,800) and have its name published in the newspaper. The law also
provides for a public fund to support victims in seeking legal redress.
Some government agencies' preferential hiring of applicants with
military service (nearly always men) reinforced barriers against women,
despite a Constitutional Court ruling that such preferential hiring was
unconstitutional.
Children.--The Government demonstrated its commitment to children's
rights and welfare through free public education. High quality health
care was widely available to children.
From January through June, a total of 2,733 child abuse cases were
reported to the Ministry of Health and Welfare (MOHW). The MOGE
maintained four centers that provided counseling, treatment, and legal
assistance to child victims of sexual violence. In February the
Government revised the Acts on the Prevention of School Violence and
Countermeasures to make sexual violence perpetrated at school subject
to criminal prosecution.
The law establishes a maximum sentence of 25 years' imprisonment
for the brokerage and sale of the sexual services of persons younger
than 19 years of age. It also establishes prison terms for persons
convicted of the purchase of sexual services of youth under age 19. The
Commission on Youth Protection publicizes the names of those who commit
sex offenses against minors. The law provides for prison terms of up to
three years or a fine of up to 20 million won ($15,000) for owners of
entertainment establishments who hire persons under age 19. The
commission's definition of ``entertainment establishment'' includes
facilities such as restaurants and cafes where children are hired
illegally as prostitutes.
In July the Constitutional Court overturned a 1987 ban on prenatal
gender tests, ruling that a parent's right to know outweighed the risk
of male-preference abortion, a practice that the court stated was in
decline.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that persons were trafficked
to, from, through, and within the country. Women from Russia, other
countries of the former Soviet Union, China, Mongolia, the Philippines,
and other Southeast Asian countries were trafficked to the country for
sexual exploitation and domestic servitude. They were recruited
personally or answered advertisements and were flown to Korea, often
with entertainer or tourist visas. In some instances, once these visa
recipients arrived in the country, employers illegally held victims'
passports. In addition some foreign women recruited for legal and
brokered marriages with Korean men ended up in situations of sexual
exploitation, debt bondage, and involuntary servitude once married.
Korean women were trafficked primarily for sexual exploitation to the
United States, sometimes through Canada and Mexico, as well as to other
countries, such as Australia and Japan. Relatively small numbers of
migrants seeking opportunities in the country were believed to have
become victims of trafficking as well, although the MOL Employment
Permit System reduced the number of workers trafficked into the
country. There were reports that human traffickers exploited ROK
passports for the purpose of human trafficking. There was no credible
evidence that officials were involved in trafficking.
The law prohibits trafficking for the purpose of commercial sexual
exploitation, including debt bondage, and prescribes up to 10 years'
imprisonment. Trafficking for forced labor is criminalized and carries
penalties of up to five years' imprisonment. February revisions to the
Passport Act allow for restricted issuance or confiscation of passports
of persons engaging in illegal activity overseas, including sex
trafficking. However, some NGOs believed the laws against sex
trafficking were not being enforced to their fullest potential. During
the year authorities conducted 220 trafficking investigations and
prosecuted in 31 cases, all for sex trafficking. There were no reported
prosecutions or convictions of labor trafficking offenses.
The Marriage Brokerage Management Act, which entered into effect in
June, regulates both domestic and international marriage brokers and
prescribes penalties for dishonest brokers, including sentences of up
to three years' imprisonment or fines. There also are laws to protect
``foreign brides'' in the country and punish fraudulent marriage
brokers, but NGOs claimed the laws needed to be strengthened.
The KNPA and the MOJ were principally responsible for enforcing
antitrafficking laws. The Government worked with the international
community on investigations related to trafficking.
The Government maintained a network of shelters and programs to
assist victims of abuse, including trafficking victims. Victims were
also eligible for medical, legal, vocational, and social support
services. NGOS with funding from the Government provided many of these
services. NGOs reported that there was only one counseling center and
two shelters in the country dedicated to foreign victims of sex
trafficking. The MOJ continued to educate male clients of prostitution
to correct distorted views of prostitution. During the year 17,956
individuals participated in the program.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--In April the Anti--Discrimination
Against and Remedies for Persons with Disabilities Act (DDA) took
effect. The DDA adopts a definition of discrimination encompassing
direct discrimination, indirect discrimination, and denial of due
conveniences, and it establishes penalties for deliberate
discrimination of up to three years in prison and 30 million won
($22,600). The Government, through the MOHW, initiated a five-year plan
to implement a comprehensive set of policies, took measures to make
homes barrier free, provided part--time employment, established a task
force to introduce a long-term medical care system, and opened a
national rehabilitation research center to increase opportunities and
access for persons with disabilities. During the year the NHRC received
635 cases of alleged discrimination in areas such as employment,
property ownership, and access to educational facilities.
Firms with more than 100 employees are required by law either to
hire persons with disabilities or contribute to funds used to promote
the employment of persons with disabilities. Nevertheless, the hiring
of persons with disabilities remained significantly below target
levels.
National/Racial/Ethnic Minorities.--The country is racially
homogeneous, with no sizable populations of ethnic minorities.
Citizenship is based on parentage, not place of birth, and persons must
demonstrate their family genealogy as proof of citizenship.
Naturalization is a difficult process requiring detailed applications,
a long waiting period, and a series of investigations and examinations.
Because of the difficulty of establishing Korean citizenship, those not
ethnically Korean remained ``foreign.'' Many foreign workers continued
to report difficult working conditions.
Other Societal Abuses and Discrimination.--Despite cultural respect
for the elderly, there were reports of age discrimination in the
workplace. In March the Government enacted the Age Discrimination in
Employment Act to address age discrimination in hiring and employment.
Some observers claimed that persons with HIV/AIDS suffered from
severe societal discrimination and social stigma. The law ensures the
confidentiality of persons with HIV/AIDS and protects individuals from
discrimination. The Government supported rehabilitation programs and
shelters run by private groups and subsidized medical expenses from the
initial diagnosis. The Government operated a Web site with HIV/AIDS
information and a telephone counseling service.
The law prohibits discrimination on the basis of sexual
orientation, but societal discrimination persisted. In November a
military court asked the Constitutional Court to rule on the
constitutionality of rules prohibiting sexual activity between male
military personnel. An opinion had not been rendered by year's end.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers with the
right to associate freely and allows public servants to organize
unions. The Government continued to postpone the implementation of the
1997 law that authorizes union pluralism.
The ratio of organized labor in the entire population of wage
earners in 2007 was approximately 11 percent, or 1.5 million unionists
from a total of 14.7 million workers. The country has two national
labor federations--the Korean Confederation of Trade Unions (KCTU) and
the Federation of Korean Trade Unions (FKTU)--and an estimated 1,600
labor unions. The KCTU and the FKTU were affiliated with the
International Trade Union Confederation (ITUC). Most of the FKTU's
constituent unions maintained affiliations with global union
federations.
The Government recognized a range of other labor federations,
including independent white-collar federations representing hospital
workers, journalists, and office workers at construction firms and
government research institutes. Labor federations not formally
recognized by the MOL generally operated without government
interference. AI criticized the MOL for continuing to deny legal
recognition to the Seoul--Gyeonggi--Incheon Migrants Trade Union (MTU),
even after a high court ruled that the law protecting the right of
association applied to migrant laborers. In May the Government arrested
and deported MTU's President Torna Limbu and Vice President Abdus Sabur
for being in ``irregular or undocumented status.'' The ITUC criticized
the May arrest and deportation of the two under immigration charges as
governmental antiunion repression. Previous MTU leaders also previously
were arrested and deported.
By law unions must submit a request for mediation to the Labor
Relations Commission before a strike; otherwise, the strike is
considered illegal. In most cases the mediation must be completed
within 10 days; in the case of essential services, within 15 days.
Strikes initiated following this period without majority support from
union membership are illegal. Striking is also prohibited in cases in
which a dispute has been referred to binding arbitration. Workers
employed at major defense corporations subject to the Special Act on
the Defense Industry and those working in the areas of electricity
generation, water supply, or production of defense products are not
allowed to strike. In addition, if striking employees resort to
violence, unlawful occupation of premises, or infliction of damage to
facilities, their actions are deemed illegal. Strikes not specifically
pertaining to labor conditions, including wages, benefits, and working
hours, are also illegal. Under the penal code for ``obstruction of
business,'' arrest warrants can be issued against union leaders during
an illegal strike. Striking workers can be removed by police from the
premises and, along with union leaders, prosecuted and sentenced.
On December 5, authorities arrested KCTU President Lee Suk-haeng
and charged him with ``obstruction of business'' in connection with his
role organizing a general strike on July 2 to protest plans to resume
foreign beef imports. Authorities also charged him with organizing
solidarity action in 2007 against a retail company that allegedly
subjected its workers to precarious and exploitative employment
arrangements. The ITUC criticized his arrest, on warrants issued
against him and 10 other KCTU and Korean Metal Workers' Union
officials, as violating the Government's legal obligations to respect
freedom of association.
The law prohibits retribution against workers who conduct a legal
strike and allows workers to file complaints of unfair labor practices
against employers.
By law unions in enterprises determined to be of ``essential public
interest''--including railways, utilities, public health, the Bank of
Korea, and telecommunications--can be ordered to submit to government-
ordered arbitration. Strikes are prohibited for both central and local
government officials.
b. The Right to Organize and Bargain Collectively.--The law
provides for the workers' right to collective bargaining and collective
action, and workers exercised these rights in practice. The law also
empowers workers to file complaints of unfair labor practices against
employers who interfere with union organizing or who discriminate
against union members. Employers found guilty of unfair practices can
be required to reinstate workers fired for union activities. However,
forced reinstatement was used infrequently because employers took extra
precautions when firing union members. According to the ITUC, employers
in some cases levied ``obstruction of business'' charges against union
leaders who were seeking to bargain collectively or engage in regular
union activities.
The law permits public servants to organize trade unions and
bargain collectively, although it restricts the public service unions
from collective bargaining on topics such as policy-making issues and
budgetary matters.
The Government designated enterprises in the two export processing
zones (EPZs) as public interest enterprises. Workers in these
enterprises have the rights enjoyed by workers in other sectors, and
labor organizations are permitted in the EPZs. However, foreign
companies operating in the EPZs are exempt from some labor regulations.
For example, foreign-invested enterprises are exempt from provisions
that mandate monthly leave, paid holidays, and menstruation leave for
women; give preferential treatment to patriots, veterans, and their
families; obligate companies with more than 300 persons to recruit
persons with disabilities for at least 2 percent of their workforce;
encourage companies to reserve 3 percent of their workforce for workers
over 55 years of age; and restrict large companies from participating
in certain business categories.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace and prohibits
forced or compulsory labor, and the Government effectively enforced
these laws through regular inspections. Child labor was not considered
a problem.
The labor standards law prohibits the employment of persons under
age 15 without a special employment certificate from the MOL. Because
education is compulsory through middle school (approximately age 15),
few special employment certificates were issued for full--time
employment. To obtain employment, children under age 18 must obtain
written approval from either parents or guardians. Employers must limit
minors' overtime hours and are prohibited from employing minors at
night without special permission from the MOL.
e. Acceptable Conditions of Work.--The minimum wage is reviewed
annually. During the year the minimum wage was 3,770 won (approximately
$2.80) per hour. The FKTU and other labor organizations asserted that
the existing minimum wage did not meet the basic requirements of urban
workers.
Employees of large conglomerates, publicly owned companies, banks,
insurance companies with 1,000 or more registered workers, and
companies with more than 50 employees work a five-day, 40-hour
workweek. Labor laws mandate a 24-hour rest period each week and
provide for a flexible hours system, under which employers can require
laborers to work up to 48 hours during certain weeks without paying
overtime (and 52 with approval from the relevant labor union), so long
as average weekly hours for any given two-week period do not exceed 40
hours. If a union agrees to a further loosening of the rules,
management may ask employees to work up to 56 regular hours in a given
week. Workers may not be required to work more than 12 hours per
working day. The labor standards law also provides for a 50 percent
higher wage for overtime.
The Korea Occupational Safety and Health Agency (KOSHA) is
responsible for implementing industrial accident prevention activities.
The Government set health and safety standards, but the accident rate
was high by international standards. During the year there were 2,422
fatalities related to industrial accidents. According to KOSHA,
approximately 60 percent of work-related injuries occurred in
workplaces with 50 workers or less. During the year KOSHA provided
funds and technical support to improve safety and health facilities at
manufacturing workplaces employing fewer than 50 employees, awareness
of occupational health problems in the workplace, and safety education
for migrant workers. Foreign workers reportedly were more likely to be
victims of work-related injuries but were often discouraged from
seeking compensation. By law an employer may not dismiss or otherwise
disadvantage an employee who interrupts work and takes shelter because
of an urgent hazard that could lead to an industrial accident.
Contract and other ``nonregular'' workers accounted for a
substantial portion of the workforce. According to the Government,
there were approximately 5.4 million nonregular workers, comprising
approximately 34 percent of the total workforce. In general nonregular
workers performed work similar to regular workers but received
approximately 67 percent of the wages of regular workers; 53 percent of
nonregular workers were ineligible for national health and unemployment
insurance and other benefits, compared with 6 percent of regular
workers. In July application of the 2006 Non--Regular Workers Act was
expanded to cover businesses with 100 or more employees. The vast
majority of contract and other nonregular workers were not foreign
workers.
The law on nonregular workers allows companies with more than 300
workers to use temporary worker contracts valid for a maximum of two
years. However, labor groups alleged that employers used a loophole in
the law to avoid their obligation to hire part--time workers as regular
workers after the two-year time limit.
The MOJ reported that the total number of foreigners with legal
working status was 494,035 as of year's end. The total number of
foreign workers in illegal status was 54,518. The Government continued
its crackdown on illegal foreign labor.
The Government continued to use the Employment Permit System (EPS)
to increase protections and controls on foreign workers while easing
the labor shortage in the manufacturing, construction, and agricultural
sectors. Through the EPS, permit holders may work in certain industries
only and have limited job mobility but generally enjoy the same rights
and privileges, including the right to organize. Foreign workers were
limited in their freedom to change jobs. Before changing jobs the
employee's place of work must close down or the worker must have proof
of physical abuse at the hand of the employer. Unless MOJ guidelines
allow for an extension on humanitarian grounds, workers lose their
legal status if they do not find a new employer within two months.
During the year 75,024 foreigners entered Korea under the EPS. They
often encountered difficult working conditions. AI and local media
reported that foreign laborers often faced physical abuse and
exploitation from employers. The NGO Korea Migrant Center received
reports of abuse of female entertainment visa holders. The MOJ reported
that foreign workers filed 8,074 complaints related to unpaid wages
during the year.
Foreign workers employed as language teachers continued to complain
that the institutes for which they worked frequently violated
employment contracts, but employers reported there were a large number
of foreign teachers who did not fully honor their work contracts.
__________
LAOS
The Lao People's Democratic Republic is an authoritarian one-party
state ruled by the Lao People's Revolutionary Party (LPRP). The
estimated population was 6.7 million. The most recent National Assembly
(NA) election was held in 2006. The constitution legitimizes only a
single party, the LPRP, and almost all candidates in the 2006 election
were LPRP members vetted by the party. The LPRP generally maintained
effective control of the security forces, but on occasion elements of
the security forces acted outside the LPRP's authority.
The central government continued to deny citizens the right to
change their government. Prison conditions were harsh and at times life
threatening. Corruption in the police and judiciary persisted. The
Government infringed on citizens' right to privacy and did not respect
the right to freedom of speech, the press, assembly, or association.
Local officials at times restricted religious freedom and citizens'
freedom of movement. Trafficking in persons, especially women and girls
for prostitution, remained a problem, as did discrimination against
ethnic minorities. Workers' rights were restricted.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports of politically motivated killings by the Government
or its agents. There were reports that occasional action by military
units against small insurgent groups in Luang Prabang, Xieng Khouang,
and Vientiane provinces, including the former Saisomboun Special Zone,
resulted in a limited but unknown number of deaths and injuries.
There were no developments in the cases of persons allegedly killed
by the military or police in previous years, including an attack in
November 2007 in the Phu Bia area of Vientiane Province that reportedly
killed two women and one child.
b. Disappearance.--There were no developments in the January 2007
reported abduction by police of an ethnic Thai Dam resident of Oudomsay
Province or in the January 2007 abduction of an ecotourism businessman
in Luang Namtha Province.
In October an international nongovernmental organization (NGO)
reported that five boys from a group of 26 Hmong children deported from
Thailand in 2005 had been released, and a government official confirmed
that the boys were living with relatives in Laos. At year's end no
information was available on the woman accompanying the children. The
21 girls were returned to their extended families in April 2007.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits the beating or torture of an arrested
person. In practice members of the police and security forces sometimes
abused prisoners, especially those suspected of associations with the
insurgency.
Detainees sometimes were subjected to beatings and long-term
solitary confinement in completely darkened rooms, and in many cases
they were detained in leg chains or wooden stocks for long periods.
Former inmates reported that degrading treatment, the chaining and
manacling of prisoners, and solitary confinement in small unlit rooms
were standard punishments in larger prisons, while smaller provincial
or district prisons employed manacles and chains to prevent prisoners
from escaping. However, reports of prisoner abuse continued to
decrease, and during the year there were no verifiable reports of
prisoner abuse.
Prison and Detention Center Conditions.--Prison conditions varied
widely but in general were harsh and occasionally life-threatening.
Prisoners in larger, state-operated facilities in Vientiane generally
fared better than those in provincial prisons. Food rations were
minimal, and most prisoners relied on their families for subsistence.
Most of the larger facilities allowed prisoners to grow supplemental
food in small vegetable gardens, although there were periodic reports
that prison guards took food from prisoners' gardens. Prison wardens
set prison visitation policies. Consequently, in some facilities
families could make frequent visits, but in others visits were severely
restricted. Credible reports indicated that ethnic minority prisoners
and some foreign prisoners were treated particularly harshly. Former
prisoners reported that incommunicado detention was used as an
interrogation device and against perceived problem prisoners; however,
there were fewer reports of its use during the year. Although most
prisons had some form of clinic, usually with a doctor or nurse on
staff, medical facilities were extremely poor, and medical treatment
for serious ailments was unavailable. In some facilities prisoners
could arrange treatment in outside hospitals if they could pay for the
treatment and the expense of police escorts.
Prisons held both male and female prisoners, but they were placed
in separate cells. In some prisons juveniles were held with adult
prisoners. Most juveniles were in detention for narcotics offenses or
petty crimes. Rather than send juveniles to prisons, authorities used
drug treatment facilities as holding centers for juvenile offenders.
While conditions in treatment facilities were generally better than
those in prisons, conditions were nevertheless spartan, and lengths of
detention indefinite.
The Government did not permit regular independent monitoring of
prison conditions. The Government continued to deny the request of the
International Committee of the Red Cross (ICRC) to establish an
official presence in the country to monitor prison conditions. The
Government at times provided foreign diplomatic personnel access to
some prisons, but such access was strictly limited.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, in practice the Government did not
respect these provisions, and arbitrary arrest and detention persisted.
Role of the Police and Security Apparatus.--The Ministry of Public
Security (MoPS) maintains internal security but shares the function of
state control with the Ministry of Defense's security forces and with
the LPRP and the LPRP's popular front organizations. The MoPS includes
local police, traffic police, immigration police, security police
(including border police), and other armed police units. Communication
police are responsible for monitoring telephone and electronic
communications. The armed forces have domestic security
responsibilities that include counterterrorism and counterinsurgency
activities, as well as control of an extensive system of village
militias.
Impunity remained a problem, as did police corruption. Many police
officers used their authority to extract bribes from citizens. Corrupt
officials reportedly were rarely punished. In theory the Government's
National Audit Committee has responsibility for uncovering corruption
in all government ministries, including the MoPS, but in practice its
investigative activities were minimal. Lower-level officials on
occasion were arrested and punished for corruption.
Police are trained at the National Police Academy, but the extent
to which the academy's curriculum discusses corruption was unknown. At
the instruction of the LPRP, the Government-controlled press rarely
reported cases of official corruption. The MoPS' Inspection Department
maintained complaint boxes throughout most of the country for citizens
to deposit written complaints.
To reduce police corruption and strengthen law enforcement, the
Government cooperated with international organizations to develop a
national strategy to deal with increasing drug trafficking and abuse as
well as related crime and corruption.
Arrest and Detention.--Police and military forces have powers of
arrest, although normally only police carried out these powers. Police
agents exercised wide latitude in making arrests, relying on exceptions
to the requirement that warrants are necessary except to apprehend
persons in the act of committing crimes or in urgent cases. Police
reportedly sometimes used arrest as a means to intimidate persons or
extract bribes. There were reports that military forces occasionally
arrested or detained persons suspected of insurgent activities.
There is a one-year statutory limit for detention without trial.
The length of detention without a pretrial hearing or formal charges is
also limited to one year. The Office of the Prosecutor General (OPG)
reportedly made efforts to ensure that all prisoners were brought to
trial within the one-year limit, but the limit sometimes was ignored.
The OPG must authorize police to hold a suspect pending investigation.
Authorization is given in three-month increments, and a suspect must be
released after a maximum of one year if police do not have sufficient
evidence to bring charges. There is a bail system, but its
implementation was arbitrary. Prisoner access to family members and a
lawyer was not assured. Incommunicado detention was a problem; however,
it was used less frequently than in the past.
Authorities sometimes continued to detain prisoners after they had
completed their sentences, particularly in cases where prisoners were
unable to pay court fines. In other cases prisoners were released
contingent upon their agreement to pay fines at a later date. There
were no reports that police administratively overruled court decisions
by detaining exonerated individuals.
Nine persons, all male heads of family from Vientiane Province and
detained in mid-2007 on unknown charges, remained in Thong Harb Prison
at year's end.
e. Denial of Fair Public Trial.--The law provides for the
independence of the judiciary. In past years senior government and
party officials influenced the courts, although no such cases were
reported during the year. Impunity and corruption were problems.
Reportedly, some judges could be bribed. The NA may remove judges from
office for ``impropriety,'' but no judge was removed during the year.
The people's courts have four levels: District Courts, municipal
and provincial courts, a court of appeals, and the Supreme People's
Court (SPC). There is also a commercial court, family court, military
court, and juvenile court. Decisions of the lower courts are subject to
review by the Supreme Court, but military court decisions are not.
There are instances in which civilians may be tried in military courts,
but there were no reports of such trials during the year.
In July the SPC president informed the mid-year NA session that 19
new District Courts had been established during the year, bringing the
total to 103; 37 districts in the country remained without courts. An
NA legal specialist told the same session, which was reviewing a
proposed amendment on the implementation of court verdicts, that the
courts remained underfunded and understaffed.
Trial Procedures.--Juries are not used. Trials that involve certain
criminal laws relating to national security, state secrets, children
under the age of 16, or certain types of family law are closed. The law
provides for open trials in which defendants have the right to defend
themselves with the assistance of a lawyer or other persons. Defense
attorneys are provided at government expense only in cases involving
children, cases for which there is the possibility of life imprisonment
or the death penalty, and cases that are considered particularly
complicated, such as those involving foreigners. The law requires that
authorities inform persons of their rights and states that defendants
may have anyone assist them in preparing written cases and accompany
them at their trials; however, only the defendant may present oral
arguments at a criminal trial. Defendants are permitted to question
witnesses and can present witnesses and evidence on their own behalf.
Court litigants may select members of the Lao Bar Association to
represent them at trials. The association is nominally independent but
receives some direction from the Ministry of Justice. For several
reasons, including the general perception that attorneys cannot affect
court decisions, most defendants did not choose to have attorneys or
trained representatives. In October the Lao Bar Association opened two
satellite offices in the provinces of Champasak and Oudomsay and began
to provide legal services to citizens in need.
Under the law defendants enjoy a presumption of innocence; however,
in practice judges usually decided guilt or innocence in advance,
basing their decisions on the result of police or the prosecutor's
investigation reports. Most trials, including criminal trials, were
little more than pro forma examinations of the accused and review of
the evidence. Defendants have the right of appeal.
All of the country's judges were LPRP members. Most had only basic
legal training, and many provincial and District Courts had few or no
reference materials available for guidance. The NA's Legal Affairs
Committee occasionally reviewed Supreme Court decisions for
``accuracy'' and returned cases to the court or the OPG for review when
the committee believed decisions were reached improperly.
Political Prisoners and Detainees.--There were three well-known
political prisoners. Colonel Sing Chanthakoumane, an official of the
pre--1975 government, was serving a life sentence after a 1990 trial
that was not conducted according to international standards. Sing
reportedly was very ill, but the Government ignored numerous requests
to release him on humanitarian grounds. At least two persons,
Thongpaseuth Keuakoun and Seng-aloun Phengboun, arrested in 1999 for
attempting to organize a prodemocracy demonstration, continued to serve
10-year sentences for antigovernment activities.
According to former prisoners, authorities detained a small but
unknown number of persons, particularly members of the Hmong ethnic
group suspected of insurgent activities, for allegedly violating
criminal laws concerning national security. According to credible
reports, other persons were arrested, tried, and convicted under laws
relating to national security that prevent public court trials, but
there was no reliable method to ascertain their total number.
Civil Judicial Procedures and Remedies.--The law provides for
independence of the judiciary in civil matters; however, enforcement of
court orders remained a problem. If civil or political rights are
violated, one may seek judicial remedy in a criminal court or pursue an
administrative remedy from the NA under the Law on Public Complaints.
In regard to social and cultural rights, one may seek remedy in a civil
court.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law generally protects privacy, including that of
mail, telephone, and electronic correspondence, but the Government
reportedly violated these legal protections when there was a perceived
security threat.
The law prohibits unlawful searches and seizures. By law police
must obtain search authorization from a prosecutor or a panel of
judges, but in practice police did not always obtain prior approval,
especially in rural areas. Security laws allow the Government to
monitor individuals' movements and private communications, including
via cellular telephones and e-mail.
The MoPS regularly monitored citizens' activities through a
surveillance network that included a secret police element. A militia
in urban and rural areas, operating under the aegis of the armed
forces, shared responsibility for maintaining public order, reporting
``undesirable elements'' to police, and providing security against
insurgents in remote rural areas. Members of the LPRP's front
organizations, including the Lao Women's Union (LWU), the Youth Union,
and the Lao Front for National Construction (LFNC), also played a role
in monitoring the citizenry at all levels of society.
The Government continued its program to relocate highland slash-
and-burn farmers, most of whom belonged to ethnic minority groups, to
lowland areas in keeping with its plan to end opium production and
slash-and-burn agriculture. In some areas district and provincial
officials used persuasion to convince villagers to move to relocation
areas. In other areas villagers relocated spontaneously to be closer to
roads, markets, and government services. There also were reports of
force being used in some instances. Although the Government's
resettlement plan called for compensating farmers for lost land and
providing resettlement assistance, this assistance was not available in
many cases or was insufficient to give relocated farmers the means to
adjust to their new homes and new way of life. Moreover, in some areas
farmland allotted to relocated villagers was of poor quality and
unsuited for intensive rice farming. The result was that some relocated
villagers experienced increased poverty, hunger, malnourishment,
susceptibility to disease, and mortality rates. The Government relied
on assistance from NGOs, bilateral donors, and international
organizations to cover the needs of those recently resettled, but such
assistance was not available in all areas.
The Government allowed citizens to marry foreigners only with prior
approval. Premarital cohabitation is illegal. The Government routinely
granted permission to marry, but the process was lengthy and burdensome
and offered officials the opportunity to solicit bribes. The Government
may annul marriages to foreigners undertaken without government
approval, with both parties subject to arrest and fines.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, in practice the Government severely
restricted political speech and writing. The Government also prohibited
most public criticism that it deemed harmful to its reputation. The law
forbids slandering the state, distorting party or state policies,
inciting disorder, or propagating information or opinions that weaken
the state.
The state owned and controlled most domestic print and electronic
media. Local news in all media reflected government policy. Although
domestic television and radio broadcasts were closely controlled, the
Government made no effort to interfere with broadcasts from abroad.
Many citizens routinely watched Thai television or listened to Thai
radio, including news broadcasts from international news sources.
Citizens had 24-hour access to international stations via satellite and
cable television. The Government required registration of receiving
satellite dishes and payment of a one-time licensing fee, largely as a
revenue-generating measure, but otherwise made no effort to restrict
their use.
The Government permitted the publication of several privately owned
periodicals of a nonpolitical nature, including periodicals
specializing in business, society, and trade topics. While government
officials did not review in advance all articles in these periodicals,
they reviewed them after publication and could impose penalties on
periodicals that carried articles that did not meet government
approval. A few Asian and Western newspapers and magazines were
available through private outlets that had government permission to
sell them.
Foreign journalists were required to apply for special visas and
were restricted in their activities. Authorities did not allow
journalists free access to information sources, but journalists often
were allowed to travel without official escorts. When escorts were
required, journalists reportedly had to pay for the escort services.
Authorities prohibited the dissemination of materials deemed
indecent, subversive of ``national culture,'' or politically sensitive.
Any person found guilty of importing a publication considered offensive
to the national culture faced a fine or imprisonment for up to one
year.
Internet Freedom.--The Government controlled all domestic Internet
servers and retained the ability to block access to Internet sites that
were deemed pornographic or critical of government institutions and
policies. The Lao National Internet Committee, under the umbrella of
the prime minister's office, administered the Internet system.
The Government sporadically monitored Internet usage.
The prime minister's office required all Internet service providers
to submit quarterly reports and link their gateways to facilitate
monitoring, but the Government's ability to enforce such regulations
appeared to be limited. The Government regularly blocked some Web
sites, operated mostly by Hmong groups abroad. However, the Government
did not block any major foreign news sources, nor did it have the
capability to monitor Web logging (blogging) activity or the
establishment of new Web sites. Fearful of monitoring by the
authorities, many citizens used the Internet services of a growing
number of Internet cafes rather than personal computers for private
correspondence. Citizen users are required to register with the
authorities, which may have caused some to self-censor their Internet
behavior.
Academic Freedom and Cultural Events.--The law provides for
academic freedom, but in practice the Government imposed restrictions.
The Ministry of Education tightly controlled curriculums in schools,
including private schools and colleges.
Both citizen and noncitizen academic professionals conducting
research in the country may be subject to restrictions on travel,
access to information, and publication. The Government exercised
control, via requirements for exit stamps and other mechanisms, over
the ability of state-employed academic professionals to travel for
research or obtain study grants, but it actively sought such
opportunities worldwide and approved virtually all such proposals.
The Government required films and music recordings produced in
government studios to be submitted for official censorship; however,
uncensored foreign films and music were available in video and compact
disc format. The Ministry of Information and Culture repeatedly
attempted to impose restrictions aimed at limiting the influence of
Thai culture in Lao music and entertainment, but these restrictions
were widely ignored and appeared to have little effect.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly; however, the
Government restricted this right in practice. The law prohibits
participation in demonstrations, protest marches, or other acts that
cause ``turmoil or social instability.'' Participation in such acts is
punishable by prison terms of one to five years.
Freedom of Association.--The law provides citizens the right to
organize and join associations, but the Government restricted this
right in practice. The Government registered and controlled all
associations and their activities. Political groups other than popular
front organizations approved by the LPRP are forbidden. Although the
Government restricted many types of formal professional and social
associations, informal nonpolitical groups met without hindrance. The
Government permitted the creation of some associations of a business
nature. The Government also permitted the establishment of nonprofit
organizations designed to promote science and agriculture. The prime
minister's office monitored the small but growing number of
organizations that have registered to conduct activities in these
areas.
c. Freedom of Religion.--The constitution provides for freedom of
religion and notes that the state ``mobilizes and encourages'' Buddhist
monks and novices as well as priests of other religions to participate
in activities ``beneficial to the nation and the people.'' In most
areas officials generally respected the rights of members of most
religious groups to worship, albeit within strict constraints imposed
by the Government. The constitution prohibits ``all acts of creating
division of religion or creating division among the people.'' The LPRP
and the Government used this to justify restrictions on religious
practice by all religious groups, including the Buddhist majority and
animists. Official pronouncements acknowledged the positive benefits of
religion, but they also emphasized its potential to divide, distract,
or destabilize.
Although the state was secular, the LPRP and the Government
supported Theravada Buddhism, which was followed by more than 40
percent of the population. The Government provided support for and
oversight of temples and other facilities and promoted Buddhist
practices, giving Buddhism an elevated status among the country's
religions.
The Government officially recognizes four religions: Buddhism,
Christianity, Islam, and the Baha'i Faith. Recognized Christian groups
included the Catholic Church, the Lao Evangelical Church (LEC), and the
Seventh-day Adventist Church. The LFNC refused to recognize
congregations, such as the Methodists, that operated independently.
Decree 92 on Religious Practice defines rules for religious
practice and institutionalizes the Government as the final arbiter of
permissible religious activities. The LFNC is responsible for oversight
of religious practice. The majority of provincial, district, and local
officials reportedly lacked full understanding of the decree.
Authorities, particularly at the local level in some provinces, used
its many conditions to restrict some aspects of religious practice.
Many minority religious leaders complained that Decree 92, which is
intended among other things to permit activities such as proselytizing
and printing religious material, was too restrictive in practice. They
maintained that the requirement to obtain permission, sometimes from
several different offices, for a broad range of activities greatly
limited their freedom.
The LFNC often sought to intervene with local governments in cases
where minority religious practitioners, particularly Christians, had
been harassed or mistreated. The LFNC reportedly was growing more
proactive about solving problems by educating persons to respect the
law as well as by training local officials to respect religious
believers and to better understand Decree 92.
The Government's tolerance of religion, particularly Christianity,
varied by region. In most parts of the country, members of long-
established congregations had few problems practicing their faith.
Authorities in some areas sometimes advised new congregations to join
the LEC, despite clear differences between the groups' beliefs.
However, in other areas authorities allowed congregations not
affiliated with the LEC or Seventh-day Adventists to continue their
worship unhindered. Authorities in some provinces used threats of
arrest as a means of intimidating local religious communities.
Authorities in some parts of the country continued to be suspicious
of non--Buddhist religious communities and displayed intolerance for
minority religious practice, particularly Protestant groups, whether or
not they were officially recognized. Some local authorities, apparently
at times with encouragement from government or LPRP officials, singled
out Protestant groups as targets of abuse or pressure to renounce their
faith.
In July police authorities of Ad--Sapangthong District of
Savannakhet Province reportedly interfered with worship by Christians
in the village of Boukham and detained a pastor and four church members
for two days; during this period they were reportedly held in foot
stocks. The pastor was detained again in August along with two other
church members; they were released in October. Reportedly 55 Christians
were expelled from the village during this period. A senior MoPS
official explained that the pastor had moved to Boukham in 2005 but had
failed to apply to change his household registration within six months
as required; there was no confirmation of or explanation for the
reported expulsion of church members by the MoPS official.
During July in Katan village, in Ta--Oy District, Salavan Province,
a local Christian man reportedly died after local authorities forced
him to drink alcohol; his relatives were reportedly fined after
conducting a Christian burial service. A few days later local
authorities reportedly detained 80 Christians from 17 families and
forced them, apparently including by withholding food, to publicly
renounce their faith. In September provincial and district authorities
reportedly held a meeting in the village at the request of the central
government in response to international inquiries about the situation.
A senior government official stated that an investigation showed that
the death was due to alcoholism and that the burial dispute arose from
misunderstanding between Christian and non--Christian factions in the
village. The official added that no individuals were forced to renounce
their faith, although some may have done so voluntarily. However,
according to later reports, some village residents wanted to redeclare
their faith, but authorities refused to grant permission for them to do
so.
Also in July more than 500 Christians in villages in several
villages, including Huay An in Jomphet District of Luang Prabang
Province, reportedly came under pressure to deny their faith. They were
said to have been forced to turn in Bibles and hymnals that were then
burned. However, according to one nongovernment source, no one was
arrested and none had renounced their religion.
There were also reports of incidents in four other provinces in
July. These included two Christian leaders arrested in Khongnoy village
in Vieng Phukha District and another person arrested in Sing District,
all in Luang Namtha Province. In addition there was a report that local
officials pressed families in Attapeu Province to give up Christianity,
although a visit by a provincial LFNC official was described as having
resolved that situation. Officials reportedly put two persons in prison
in Phongsali Province's Samphan City in an effort to force believers to
renounce their faith. Other Christians were said to have been pressured
to renounce their beliefs in Houaphan Province's Muang Aet District. In
November seven families in Nam Reng village in Oudomsai Province were
also pressured to renounce their faith; the six families refusing to
sign a renunciation document were reportedly ordered out of the
village. At year's end no further information was available.
In August officials of Burikan District in Borikhamxay Province
reportedly banned approximately 150 members from gathering at a home in
the village for worship services, declaring that services could be held
only in a church building. Earlier in the year, officials reportedly
destroyed the group's church in Toongpankham village. The church had
apparently been built with local permission, although it may not have
received provincial approval.
In November six members of a group of eight Khmu pastors were
released from detention; each was ordered to pay three million kip
(approximately $350) in detention costs. The eight pastors were
arrested in March while attempting to cross the border from Bokeo
Province into Thailand. An earlier group of Khmu pastors reportedly had
crossed without incident. However, there was no indication that the
latter group was trying to cross the border legally. Their situation
was complicated when authorities found they were carrying documents
critical of religious persecution in Laos. At year's end the other two
pastors reportedly remained in the Oudomsai provincial prison.
Local officials in some parts of the country threatened to withhold
government identification cards and household registration documents as
well as deny educational benefits to those who did not give up their
religious beliefs. In addition the most common problem faced by
Christian communities was the inability to obtain permission to build
new churches, even though group worship in homes is considered illegal
by local authorities in many areas. Religious organization
representatives pointed out that the building permit process begins at
the local level and then requires provincial permission, and they
claimed the multiple layers of permission necessary were being used,
beginning with local officials, to block the construction of new
churches. However, in December observers found encouraging the ability
of the central LEC leadership to undertake training programs for
provincial religious leaders and provincial government officials in
Oudomsai and Luang Prabang provinces with support from both provincial
governments.
The Government strictly prohibited foreigners from proselytizing,
but it permitted foreign NGOs with religious affiliations to operate in
the country. Foreigners who distributed religious material were subject
to arrest or deportation. Although Decree 92 permits proselytizing by
religious practitioners provided they obtain permission for such
activities from the LFNC, the authorities did not grant such
permission, and persons found evangelizing risked harassment or arrest.
The Government did not allow the printing of Bibles, and special
permission was required to import Bibles for distribution.
Societal Abuses and Discrimination.--For the most part, the various
religious communities coexisted amicably. There was no known Jewish
community in the country, and there were no reports of anti--Semitic
acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, but in practice the Government imposed some restrictions.
The Government did not cooperate with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern. However, in December the Government invited a
UNHCR representative to visit Lao Hmong returned from Thailand living
in a resettlement village.
Citizens who travel across provincial borders are not required to
report to authorities; however, in designated security zones officials
occasionally set up roadblocks and checked travelers' identity cards.
Citizens who sought to travel to contiguous areas of neighboring
countries could do so with travel permits generally easily obtained
from district offices. Those wishing to travel farther abroad were
required to apply for passports; however, officials at the local level
sometimes denied persons permission to apply for passports.
Authorities restricted access by foreigners to certain areas where
antigovernment insurgents continued to operate.
The Government did not use forced exile; however, it denied the
right of return to persons who fled the country during the 1975 change
in government and were tried in absentia for antigovernment activities.
Protection of Refugees.--The country is not a signatory to the 1951
UN Convention relating to the Status of Refugees or its 1967 protocol,
but the law provides for asylum and the protection of stateless
persons. In practice the Government did not provide protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government did not routinely grant
refugee or asylum status; however, it showed some flexibility in
dealing pragmatically with individual asylum cases.
The Government continued to refuse the request from the UNHCR to
reestablish a presence in the country to monitor the reintegration of
former refugees who returned under the UNHCR resettlement program. The
Government stated that the UNHCR's mandate expired in 2001 and all
former refugees had been successfully reintegrated. However, there were
estimates that since 2005 more than 2,000 Hmong had surrendered, mainly
in the provinces of Xieng Khouang, Bolikhamsai, and Vientiane (part of
which composed the former military-administered Saisomboun Special
Zone).
During the year the Government accepted the repatriation of an
estimated 1,900 Lao Hmong from Thailand from a group of approximately
7,800 confined to a camp by Thai authorities. Thai and Lao authorities
considered these Hmong to be illegal migrants. The international
community was concerned that there was no internationally accepted
process for determining whether any of the Hmong in the camp could
establish a well-founded fear of persecution and seek status as an
international person of concern. Although Lao and Thai authorities
stated that the returns were voluntary, the absence of a process to
verify these claims also raised concerns. More than 5,000 Lao Hmong
remained in the camp in Thailand at year's end.
The Government's policy both for Hmong surrendering internally and
for those being returned from Thailand was to return them to their
communities of origin whenever possible. Several hundred persons
without strong community links were relocated in government settlements
such as Pha Lak in Vientiane Province.
In October an international NGO raised questions about the
whereabouts of five Lao Hmong who had been returned from Thailand after
reportedly helping lead a June protest at the Thai detention camp. They
were reportedly detained for several months after being returned. Late
in the year, government officials stated that all five were living in
Lao communities. Foreign diplomats met two of the five during a
December visit to Pha Lak.
The Government at times permitted limited access by international
organizations and NGOs to provide food and other material assistance to
former insurgents who had accepted government resettlement offers.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens do not have the right to change their government. Although
the constitution outlines a system composed of executive, legislative,
and judicial branches, the LPRP controlled governance and the
leadership at all levels through its constitutionally designated
``leading role.''
Elections and Political Participation.--The law provides for a
representative national assembly, elected every five years in open,
multiple-candidate, fairly tabulated elections, with voting by secret
ballot and universal adult suffrage. However, the constitution
legitimizes only the LPRP; all other political parties are outlawed.
Election committees, appointed by the NA, must approve all candidates
for local and national elections. Candidates do not need to be LPRP
members, but in practice almost all were. The most recent NA election,
held in April 2006, was conducted under this system.
The NA chooses members of the Standing Committee, generally based
on the previous Standing Committee's recommendations. Upon this
committee's recommendation, the NA elects or removes the president and
vice president. The Standing Committee has the mandate to supervise all
administrative and judicial organizations and the sole power to
recommend presidential decrees. It also appoints the National Election
Committee, which has powers over elections, including approval of
candidates. Activities of the Standing Committee were not fully
transparent.
The NA, upon the president's recommendation, elects the prime
minister and other ministers of the Government.
There were 29 women in the 115-seat NA, including two on the nine-
member Standing Committee. The 55-seat LPRP Central Committee included
four women, one of whom was also a member of the 11-member Politburo.
Of 12 ministers in the Prime Minister's Office, two were women-one
headed the Water Resources and Environment Administration and the other
chaired the Public Administration and Civil Service Authority. The
minister of labor and social welfare also was a woman.
There were seven members of ethnic minorities in the LPRP Central
Committee, including two in the Politburo. The NA included 23 members
of ethnic minorities, while three of the 28 cabinet ministers were
members of ethnic minority groups.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and there was a widespread public
perception that many officials within the executive and judicial
branches of the Government were corrupt. Wages of all government
officials were extremely low, and many officials, such as police
members, had broad powers that they could easily abuse.
A senior state inspector told the NA in July that central and
provincial inspection organizations responsible for enforcing laws
against corruption lacked defined roles and sufficient powers as well
as sufficient funding, equipment, and legal support from the
Government. The inspector cited corruption in many sectors but
complained that employers ignored inspection reports and failed to
punish corrupt officials in their organizations. In May the Governance
and Public Administration program funded the printing of 4,000
anticorruption books and 8,000 copies of the State Inspection Law for
distribution to all state organizations, ministries, and local
authorities.
Prior to taking their designated positions, senior officials are
required by party policy to disclose their personal assets to the
LPRP's Party Inspection Committee. The committee inspects the
officials' assets before and after the officials have been in their
positions. However, the LPRP used its control of government authorities
and media to block public censure of corrupt officials who were party
members.
There are no laws providing for public access to government
information, and in general the Government closely guarded the release
of any information pertaining to its internal activities, deeming such
secrecy necessary for ``national security.''
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no domestic human rights NGOs, nor is there a formal
procedure for registering such groups.
The Government only sporadically responded in writing to requests
for information on the human rights situation from international human
rights organizations. However, the Government maintained human rights
dialogues with several foreign governments and continued to receive
training in UN human rights conventions from several international
donors.
The Government maintained contacts and cooperated with the ICRC in
various activities for the implementation of international humanitarian
law.
A human rights division in the Ministry of Foreign Affairs has
responsibility for investigating allegations of human rights
violations. However, in practice the division apparently had no
authority to perform or order other ministries to undertake
investigations. The ministry on occasion responded to inquiries from
the UN regarding its human rights situation.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equal treatment under the law for all
citizens without regard to sex, social status, education, faith, or
ethnicity. The Government at times took action when well-documented and
obvious cases of discrimination came to the attention of high-level
officials, although the legal mechanism whereby citizens may bring
charges of discrimination against individuals or organizations was
neither well developed nor widely understood among the general
population.
Women.--Rape reportedly was rare. The law criminalizes rape, with
punishment set at three to five years' imprisonment. Sentences are
significantly longer and may include capital punishment if the victim
is under 18 or is seriously injured or killed. In rape cases that were
tried in court, defendants generally were convicted with sentences
ranging from three years' imprisonment to execution.
Spousal abuse is illegal. There were reports that domestic violence
against women occurred, but such violence did not appear to be
widespread. Penalties for domestic abuse, including battery, torture,
rape, and detaining persons against their will, may include both fines
and imprisonment. There was no evidence of police or judicial
reluctance to act on domestic abuse cases.
Prostitution is illegal, with penalties ranging from three months
to one year in prison. However, in practice antiprostitution laws
generally were not enforced, and in some cases officials reportedly
were involved in the trade. Trafficking in women and girls for
prostitution was a problem.
Sexual harassment was rarely reported, and the actual extent was
difficult to assess. Although sexual harassment is not illegal,
``indecent sexual behavior'' toward another person is illegal and
punishable by six months to three years in prison.
The law provides for equal rights for women, and the LWU operated
nationally to promote the position of women in society. The law
prohibits legal discrimination in marriage and inheritance.
Discrimination against women did not appear common; however, varying
degrees of traditional, culturally based discrimination persisted, with
greater discrimination practiced by some hill tribes. Many women
occupied responsible positions in the civil service and private
business, and in urban areas their incomes were often higher than those
of men.
Children.--Although the Government has made children's education
and health care a priority in its economic planning, funding for
children's basic health and educational needs remained inadequate, and
the country had a very high rate of infant and child mortality.
Education is compulsory, free, and universal through the fifth
grade; however, high fees for books and supplies and a general shortage
of teachers in rural areas prevented many children from attending
school. There were significant differences among the various ethnic
groups in the educational opportunities offered to boys and girls.
Although the Government's policy is to inform ethnic groups on the
benefits of education for all children, some ethnic groups did not
consider education for girls either necessary or beneficial. While
figures were not reliable, literacy rates for girls were approximately
10 percent lower than for boys in general.
The law prohibits violence against children, and violators were
subject to stiff punishments. Reports of the physical abuse of children
were rare.
Trafficking in girls for prostitution and forced labor was a
problem. Other forms of child labor generally were confined to family
farms and family enterprises.
A general increase in tourism in the country and a concomitant
probable rise in child sex tourism in the Southeast Asia region
beginning in 2007 attracted the attention of authorities, who sought to
prevent child sex tourism from taking root. Despite the downturn in
tourism beginning in the year, the Government continued efforts to
reduce demand for commercial sex through periodic raids of nightclubs
and discos and through training workshops designed to educate private
sector tourism companies on how to avoid and prevent sex tourism. The
Government and NGOs hosted several seminars to train tourism-sector
employees, including taxi drivers, on how to report suspicious
behavior. Tourism police received training to combat sex tourism and
identify potential victims. Many major international hotels in
Vientiane and Luang Prabang displayed posters created by international
NGOs warning against child sex tourism.
Trafficking in Persons.--The law prohibits abduction and trade in
persons, detaining persons against their will, procuring persons for
commercial sex, and prostitution. The law also prohibits all forms of
trafficking and prescribes penalties that are commensurate with those
prescribed for rape. There were reports that persons, particularly
women and girls, were trafficked to, from, through, or within the
country.
The country was primarily a country of origin for trafficking in
persons, including girls ages 13 to 16 for forced labor and
prostitution, and, to a much lesser extent, a country of transit. The
primary destination country was Thailand. There was almost no effective
border control. The Thai Ministry of Labor estimated that at least
250,000 Lao workers were employed in Thailand, of whom at least 80,000
were unregistered. An unknown number of these persons were trafficked,
although one study indicated that two-thirds of the Lao citizens in
Thailand identified as trafficking victims were trafficked after
crossing the border. The small number of victims trafficked within Laos
were primarily from the northern provinces, such as Houaphan and Xieng
Khouang, and were trafficked for sexual exploitation or factory work.
According to one study, a very small number of female citizens also
were trafficked to China to become brides for Chinese men.
Most trafficking victims were lowland Lao, but small and increasing
numbers of minority women also were victimized by traffickers. Minority
groups were particularly vulnerable because they did not have the
cultural familiarity or linguistic proximity to Thai that Lao-speaking
workers could use to protect themselves from exploitative situations in
Thailand. A much smaller number of trafficked foreign citizens,
especially Burmese and Vietnamese, transited through the country.
Many labor recruiters in the country were local persons with cross-
border experience and were known to the trafficking victims. For the
most part, they had no connection to organized crime, commercial sexual
exploitation, or the practice of involuntary servitude, and their
services usually ended once their charges reached Thailand, where the
victims were exploited by better-organized trafficking groups.
As of August there were 53 ongoing investigations into human
trafficking, several of which involved multiple perpetrators. Ministry
of Public Security officials reported one conviction in November 2007
for human trafficking under the trafficking provision of the criminal
code and four convictions during the year from Vientiane Municipality
and the provinces of Champassak and Vientiane. Sentences ranged from
one to 15 years' confinement and severe fines. Lao law enforcement
officers participated in joint investigations with their Thai
counterparts from northeast Thailand and worked with Vietnamese law
enforcement on the new transport routes through the south-central part
of the country on trafficking cases. In at least one case, Vietnamese
victims were rescued by Lao authorities along the Route 9 corridor,
given initial social services by a local victims' assistance NGO after
a referral by Lao law enforcement authorities, and returned to Vietnam.
Corruption remained a problem, with government officials
susceptible to involvement or collusion in trafficking. Anecdotal
evidence suggested that local officials knew of trafficking activities,
and some may have profited from them. However, no government or law
enforcement officials were disciplined or punished for involvement in
trafficking in persons.
The Government demonstrated progress in improving protection for
victims of trafficking during the year. The Ministry of Labor and
Social Welfare (MLSW) and the Immigration Department cooperated with
the International Organization for Migrations, the UN Inter--Agency
Project on Human Trafficking in the Greater Mekong Sub-region, and a
local NGO to provide assistance to victims. The MLSW continued to
operate a small transit center in Vientiane. Victims not wanting to
return home were referred to a long-term shelter operated by the LWU or
to a local NGO. The Government provided medical services, counseling,
vocational training, and employment services for victims in its transit
shelter in Vientiane and at the LWU shelter. The MLSW had a unit
devoted to children with special needs, including protection of
trafficking victims and prevention of trafficking. The MLSW also
maintained two small-scale repatriation assistance centers for returned
victims of trafficking, but their effectiveness was limited by a small
budget, inadequate international assistance, and a lack of trained
personnel.
The MLSW transit centers assisted victims who were formally
identified as trafficking victims at shelters in Thailand and then
repatriated and assisted under special regulations for victims of human
trafficking. The LWU centers also served victims of domestic violence.
The MLSW, in addition to its departments operating in the
provinces, worked with NGOs to provide additional assistance to victims
of trafficking and domestic violence. The MLSW referred cases from
immigration authorities and the MLSW transit shelter in Vientiane to
NGOs for longer--term shelter and follow-up on cases where the victims
were returned home. For example, the NGO Assistance for Women in
Distressing Situations (AFESIP) maintained a shelter in Vientiane
Municipality to aid victims of human trafficking and sexual
exploitation, particularly those in need of long-term counseling and
assistance. Victims at the AFESIP shelter were usually referred by the
MLSW short-term shelter or sought assistance from AFESIP directly.
AFESIP also monitored reintegration of victims who returned directly to
their communities or participated in vocational training at other
locations, often at the request of the MLSW, which did not generally
have the staff necessary for trips to remote areas. In October AFESIP
and the MLSW completed construction of a second shelter in Savannakhet
Province. The NGO Village Focus International opened another shelter
for victims in Pakse.
With support from the UN Children's Fund (UNICEF), the National
Commission for Mothers and Children continued an active program of
support for victims. Through legal aid clinics, the Lao Bar
Association, under the umbrella of the Ministry of Justice, also
assisted victims by educating the public at large on the legal system
and by providing legal advice to victims of human rights abuses,
including human trafficking. The LWU and the Lao Youth Union offered
educational programs designed to inform girls and young women about the
schemes of recruiters for brothels and sweatshops in neighboring
countries and elsewhere. These organizations were most effective in
disseminating information at the grassroots level.
The Government took steps to educate the population on the dangers
of trafficking, using the media and public appearances by senior
leaders. The MLSW also worked with UNICEF to set up awareness-raising
billboards near border checkpoints and larger cities. In September,
with approval from the Ministry of Information and Culture, Secretariat
against Trafficking, and the prime minister's office, the semiprivate
television broadcaster Lao Star teamed with MTV to stage a concert
highlighting the problem of trafficking and to repeatedly broadcast the
concert and a documentary on human trafficking in Asia. Government
officials showed the film again to international government
representatives from six Mekong countries at a trafficking summit in
Vientiane in November to further demonstrate the importance of
combating human trafficking as they requested increased transborder
cooperation from their neighbors.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The constitution provides citizens
protection against discrimination but does not specify that these
protections apply to persons with disabilities. Regulations promulgated
by the MLSW and the Lao National Commission for the Disabled protect
such persons against discrimination; however, the regulations lack the
force of law. The law does not mandate accessibility to buildings or
government services for persons with disabilities, but the MLSW has
established regulations regarding building access and built some
sidewalk ramps in Vientiane.
According to the Ministry of Justice, the Government supports the
rights of all persons, including those with disabilities, to vote and
participate in civic affairs.
In May the Lao Disabled People's Association opened a new center
for children with cerebral palsy. The center had the capacity to care
for 20 children from ages two to 10. Parents paid 500,000 kip
(approximately $58.40) monthly.
National/Racial/Ethnic Minorities.--The law provides for equal
rights for all minority citizens, and there is no legal discrimination
against them; however, societal discrimination persisted. Moreover,
critics charged that the Government's resettlement program for ending
slash--and-burn agriculture and opium production adversely affected
many ethnic minority groups, particularly in the north. The program
requires that resettled persons adopt paddy rice farming and live in
large communities, ignoring the traditional livelihoods and community
structures of these minority groups. International observers questioned
whether the benefits promoted by the Government-access to markets,
schools, and medical care for resettled persons-outweighed the negative
impact on traditional cultural practices. Some minority groups not
involved in resettlement, especially those in remote locations, faced
difficulties, believing they had little voice in government decisions
affecting their lands and the allocation of natural resources from
their areas.
The Hmong are one of the largest and most prominent highland
minority groups. There were a number of Hmong officials in the senior
ranks of the Government and the LPRP, including one Politburo member
and five members of the LPRP Central Committee. However, societal
discrimination persisted against the Hmong, and some Hmong believed
their ethnic group could not coexist with the ethnic Lao population.
This belief fanned separatist or irredentist beliefs among some Hmong.
The Government focused limited assistance projects in Hmong areas to
address regional and ethnic disparities in income.
Although there were no reports of attacks by the few remaining
Hmong insurgent groups during the year, the Government leadership
maintained its suspicion of Hmong political objectives. Security forces
continued operations to isolate and defeat or force the surrender of
the residual small scattered pockets of insurgents and their families
in remote jungle areas.
The Government continued to offer ``amnesty'' to insurgents who
surrender to authorities. The Government continued to deny
international observers permission to visit the estimated 2,000
insurgents who have surrendered since 2005, and their status and
welfare remained unknown at year's end. Because of their past
activities, amnestied insurgents continued to be the focus of official
suspicion and scrutiny.
The Government generally refused offers from the international
community to assist surrendered insurgents directly, but it allowed
some aid from the UN and international agencies to reach them as part
of larger assistance programs.
Other Societal Abuses and Discrimination.--Within lowland Lao
society, despite wide and growing tolerance of homosexual practices,
societal discrimination persisted against such practices.
There was no official discrimination against persons with HIV/AIDS,
but social discrimination existed. The Government actively promoted
tolerance of those with HIV/AIDS, and it conducted awareness campaigns
to educate the population and promote understanding toward such
persons.
Section 6. Worker Rights
a. The Right of Association.--The law does not allow workers to
form and join independent unions of their choice; they may form unions
without previous authorization only if they operate within the
framework of the officially sanctioned Federation of Lao Trade Unions
(FLTU), which in turn is controlled by the LPRP. In addition the law
does not permit unions to conduct their activities without government
interference. Strikes are not prohibited by law, but the Government's
ban on subversive activities or destabilizing demonstrations made
strikes unlikely, and none were reported during the year.
According to the FLTU, there were 4,610 trade unions nationwide,
including in most government offices. These included 16 provincial
trade unions, one municipal trade union, 36 ministerial trade unions,
and 2,772 permanent trade unions. Total FLTU membership was 12,111,
significantly less than 1 percent of the total workforce. Most FLTU
members worked in the public sector.
The Government employed the majority of salaried workers.
Subsistence farmers made up an estimated 80 percent of the work force.
b. The Right to Organize and Bargain Collectively.--There is no
right to organize and bargain collectively. The law stipulates that
disputes be resolved through workplace committees composed of
employers, representatives of the local labor union, and
representatives of the FLTU, with final authority residing in the MLSW.
The law generally was not enforced by the MLSW, especially in dealings
with joint ventures in the private sector. Labor disputes reportedly
were infrequent. According to labor activists, the FLTU needed
government permission to enter factories and had to provide advance
notice of such visits, rendering it powerless to protect workers who
filed complaints.
The Government sets wages and salaries for government employees,
while management sets wages and salaries for private business
employees.
The law stipulates that employers may not fire employees for
conducting trade union activities, lodging complaints against employers
about law implementation, or cooperating with officials on law
implementation and labor disputes, and there were no reports of such
cases. Workplace committees were used for resolving complaints, but
there was no information on how effective these committees were in
practice.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, except in time of
war or national disaster, and there were no reports that such practices
occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--By
law children under age 15 may not be recruited for employment except to
work for their families, provided such work is not dangerous or
difficult. Many children helped their families on farms or in shops,
but child labor was rare in industrial enterprises. Some garment
factories reportedly employed a very small number of underage girls.
The Ministries of Public Security and Justice are responsible for
enforcing these provisions, but enforcement was ineffective due to a
lack of inspectors and other resources.
e. Acceptable Conditions of Work.--The daily minimum wage for the
more than 120,000 private sector workers was set at 11,154 kip ($1.30);
the monthly minimum wage was 290,000 kip ($33.90). These minimum wages
were insufficient to provide a decent standard of living for a worker
and family. The minimum wage for civil servants and state enterprise
employees was lower than the minimum wage for private-sector workers in
the past but was raised from 200,000 to 250,000 kip ($23.40 to $29.20)
per month in the Government's 2007-2008 budget and was increased again
to 405,000 kip ($47.40) per month in the 2008-2009 budget, which was in
force at year's end. In addition to their minimum wage, civil servants
often received other government benefits and housing subsidies. Some
piecework employees, especially on construction sites, earned less than
the minimum wage.
The law provides for a workweek limited to 48 hours (36 hours for
employment in dangerous activities) and at least one day of rest per
week. Overtime may not exceed 30 hours per month, and each period of
overtime may not exceed three hours. The overtime pay rate varies from
150 percent to 300 percent of normal pay. The overtime law was not
effectively enforced.
The law provides for safe working conditions and higher
compensation for dangerous work. In case of death or injury on the job,
employers are responsible for compensating a worker or the worker's
family. This requirement was generally fulfilled by employers in the
formal economic sector. The law also mandates extensive employer
responsibility for those disabled while at work, and this provision
appeared to be enforced effectively. The MLSW is responsible for
workplace inspections. Officials undertake unannounced inspections when
notified that a workplace has violated safe working standards. However,
the MLSW lacked the personnel and budgetary resources to enforce the
law effectively. The law has no specific provision allowing workers to
remove themselves from a dangerous situation without jeopardizing their
employment.
There were a number of illegal immigrants in the country,
particularly from Vietnam and China, and they were vulnerable to
exploitation by employers.
__________
MALAYSIA
Malaysia is a federal constitutional monarchy with a population of
approximately 26.9 million. It has a parliamentary system of government
headed by a prime minister selected through periodic, multiparty
elections. The United Malays National Organization (UMNO), together
with a coalition of political parties currently known as the National
Front, has held power since independence in 1957. The most recent
national elections, in March, were conducted in a generally transparent
manner and witnessed significant opposition gains. The opposition
complained of the ruling coalition's exploitation of the powers of
incumbency and domination of the mainstream media. Civilian authorities
generally maintained effective control of the security forces.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. The Government
abridged citizens' right to change their government. Some deaths
occurred during police apprehensions and while in police custody.
Reported abuses by members of the People's Volunteer Corps (RELA)
included rape, beatings, extortion, theft, pilfering homes, destroying
UN High Commissioners for Refugees (UNHCR) and other status documents,
and pillaging refugee settlements. Other problems included police abuse
of detainees, overcrowded immigration detention centers, use of
arbitrary arrest and detention using the Internal Security Act (ISA)
and three other statutes that allow detention without trial, and
persistent questions about the impartiality and independence of the
judiciary. The Government arrested a prominent opposition leader on
politically motivated charges of consensual sodomy. The Government also
arrested other opposition leaders, journalists, and Internet bloggers
apparently for political reasons. The Government continued to detain
without trial five leaders of an ethnic Indian civil rights group. The
civil courts continued to allow the Shari'a (Islamic law) courts to
exercise jurisdiction in cases involving families that included non--
Muslims. The Government continued to restrict freedom of press,
association, assembly, speech, and religion. Trafficking in persons
remained a problem. There were credible allegations of immigration
officials' involvement in the trafficking of Burmese refugees.
Longstanding government policies gave preferences to ethnic Malays in
many areas. Some employers exploited through forced labor migrant
workers and ethnic Indian--Malaysians. Some child labor occurred in
plantations.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
local media reported that police killed 82 persons while apprehending
them, up from 16 such killings in 2007. Local nongovernmental
organizations (NGOs) also reported that seven persons died in police
custody, down from 11 such deaths in 2007.
The trial of police chief inspector Azilah Hadri and police
corporal Sirul Azhar Umar for the 2006 murder of Altantuya Shaaribu
remained ongoing at year's end. On October 31, the court acquitted
political analyst Razak Baginda of abetting her murder.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--No law specifically prohibits torture; however, laws that
prohibit ``committing grievous hurt'' encompass torture. There were
some allegations of torture by RELA and immigration officials in
immigration detention centers (IDC), which continued to be administered
by the Immigration Department and supplemented by RELA.
On April 20, following the beating of a Pakistani detainee by
immigration officials at Lenggeng IDC, the other detainees requested to
speak with the camp commandant regarding alleged abuses. When the
promised meeting did not occur, the detainees set fire to two
buildings. On May 15, a Malaysian Human Rights Commission (SUHAKAM)
commissioner confirmed he found evidence of torture at the Lenggeng IDC
following an April visit to the facility. Witnesses alleged immigration
officers and RELA volunteers routinely beat detainees as a form of
punishment, including striking the soles of their feet, using
electrical shock, burning them with cigarettes, and intimidating other
prisoners into participating in the beatings.
In September authorities released Sanjeev Kumar, who was detained
under the ISA in July 2007. Local NGOs alleged that authorities
tortured him during interrogations lasting 15 hours and denied
sufficient medical treatment after he complained about injuries he
allegedly sustained under torture. A SUHAKAM commissioner confirmed
that Sanjeev Kumar, whose left arm and leg were paralyzed, did not
receive proper medical treatment. As a result of the beatings, Sanjeev
remained partially paralyzed and wheelchair-bound.
On August 6, two police officers from Perak State allegedly abused
a 10-year-old boy while questioning him for theft. The police officers
allegedly choked him, slapped him, and melted plastic over him with the
intent to burn his genitals. Neither the boy's parents nor a legal
representative was present during his interrogation. Perak's police
chief stated a police investigation into the allegations was ongoing at
year's end.
On July 28, authorities charged a police officer with the rape of a
student while in the Putra Heights police station in Kuala Lumpur.
Criminal law prescribes caning as an additional punishment to
imprisonment for those convicted of some nonviolent crimes, such as
narcotics possession, criminal breach of trust, and alien smuggling.
The law prescribes up to six strokes of the cane for both illegal
immigrants and their employers. Judges routinely included caning in
sentences of those convicted of such crimes as kidnapping, rape, and
robbery. Some state Shari'a laws also prescribed caning, carried out
with a half-inch thick wooden cane that commonly caused welts and at
times scarring. The law exempts men older than 50 and women from
caning. Male children 10 years of age and older may be given up to 10
strokes of a ``light cane.''
Prison and Detention Center Conditions.--Prison overcrowding,
concentrated in facilities near major cities, remained a serious
problem. In July the Home Ministry reported that the prisoner
population at the country's 29 prisons was 28 percent above capacity.
Local and international NGOs estimated most of the country's 16 IDCs
were at or beyond capacity, with some detainees held for a year or
more.
NGOs and international organizations involved with migrant workers
and refugees made credible allegations of inadequate food, water,
medical care, poor sanitation, and prisoner abuse in the IDCs.
According to the home affairs minister, all detention centers had their
own standard operating procedures that were in line with international
quality standards. An NGO with access to the IDCs claimed that
overcrowding, deficient sanitation, and lack of medical screening and
treatment facilitated the spread of disease. During the year the
Government allowed local NGOs with mobile medical clinics into the
IDCs.
The Government does not permit prison visits by the International
Committee of the Red Cross. The authorities generally did not permit
NGOs and the media to monitor prison conditions. The Government
approved visits by SUHAKAM officials on a case-by-case basis.
The UNHCR received access to registered refugees and asylum seekers
detained in IDCs and prisons, but prison and IDC officials denied the
UNHCR access to unregistered asylum seekers in detention. During the
year the UNHCR staff members conducted numerous visits at various
prisons and IDCs located throughout the country to provide counseling
and support to its persons of concern and ensure legal representation.
By law anyone entering the country without appropriate documentation is
considered illegal and faces mandatory imprisonment for a maximum of
five years, a fine not to exceed RM10,000 (approximately $2,941), or
both, and mandatory caning not to exceed six strokes.
d. Arbitrary Arrest or Detention.--The constitution stipulates that
no person may be incarcerated unless in accordance with the law.
However, the law allows investigative detention to prevent a criminal
suspect from fleeing or destroying evidence while police conduct an
investigation. Four laws also permit preventive detention to
incarcerate an individual suspected of criminal activity or to prevent
a person from committing a future crime. Such laws severely restrict,
and in some cases eliminate, access to timely legal representation and
a fair public trial.
Role of the Police and Security Apparatus.--The Royal Malaysia
Police is under the command of the inspector general of police, who
reports to the home minister. The inspector general is responsible for
organizing and administering the police force. The Government has some
mechanisms to investigate and punish abuse and corruption. There were
reports that security forces acted with impunity during the year.
Several NGOs conducted local surveys on government corruption and
identified the police as among the country's most corrupt government
organizations. Additional data indicated 73 percent of those surveyed
perceived the Government's anticorruption efforts as ``ineffective or
very ineffective.'' Reported police offenses included accepting bribes,
theft, and rape. Punishments included suspension, dismissal, and
demotion. Police officers are subject to trial by the civil courts.
Police representatives reported that there were disciplinary actions
against police officers during the year.
The Government continued to focus police reform efforts on
improving salaries, quarters, and general living conditions of police
officers. However, the status of other reforms, including the formation
of an independent police complaints and misconduct commission, remained
pending at year's end. NGOs complained that the Government's reform
efforts lacked transparency.
The police training center continued to include human rights
awareness training in its courses. SUHAKAM conducted human rights
training for police once during the year.
Security forces failed to prevent or respond to some incidents of
societal violence. During the year, the police accompanied
demonstrators and allowed them to forcibly disrupt a Bar Council forum
on religious conversions.
The Home Ministry relied primarily upon RELA to conduct raids and
detain suspected illegal migrants. In November the home minister
announced that RELA members would undergo police and military training
to expand their capabilities and become a ``respected organization.''
Reported abuses by RELA members included rape, beatings, extortion,
theft, pilfering homes, destroying UNHCR and other status documents,
and pillaging refugee settlements. In January RELA members allegedly
looted a makeshift Burmese refugee camp, taking anything of value,
including money, cell phones, blankets, and crafts made and sold by the
refugees to earn money; burned the camp down; and detained 23 persons
and took them to IDCs.
In May RELA detained a foreign diplomat even though he presented
his diplomatic identity card. RELA officials held him for two hours
until the diplomat's embassy intervened and validated his credentials.
On September 12, the High Court ordered RELA member Mohamed Tahir
Osman to pay a women detained during a 2003 raid RM100,000
(approximately $29,400) as damages for taking a photograph of her when
she was forced to relieve herself in the truck used to transport the
detainees.
The Government did not release information on how it investigated
complaints against RELA members or how it administered disciplinary
action.
Arrest and Detention.--The law permits police to arrest individuals
for some offenses without a warrant and hold suspects for 24 hours
without charge. A magistrate may extend this initial detention period
for up to two weeks. Although police generally observed these
provisions, a 2005 police commission report noted that police sometimes
released suspects and then quickly rearrested them and held them in
investigative custody. The law allows an arrested individual the right
to be informed of the grounds of his arrest by the police officer
making the arrest. Police must inform detainees that they are allowed
to contact family members and consult a lawyer of their choice.
Police often denied detainees access to legal counsel and
questioned suspects without giving them access to counsel. Police
justified this practice as necessary to prevent interference in ongoing
investigations, and judicial decisions generally upheld the practice.
The commission stated that an ``arrest first, investigate later''
mentality pervaded some elements of the police force and recommended
that detention procedures be reviewed to prevent abuse. On some
occasions law enforcement agencies did not promptly allow access to
family members.
The law allows the detention of a person whose testimony as a
material witness is necessary in a criminal case if that person is
likely to flee. Bail is usually available for those accused of crimes
not punishable by life imprisonment or death. The amount and
availability of bail is determined at the judge's discretion. When bail
is granted, accused persons usually must surrender their passports to
the court.
Crowded and understaffed courts often resulted in lengthy pretrial
detention, sometimes lasting several years. In May the de facto law
minister reported there were 903,000 pending civil cases in the lower
courts and more than 91,000 cases in the high court. Other sources
estimated there were approximately 10,000 criminal cases backlogged in
lower courts and 900 in high court.
On September 6, immigration officials released Rajeswari, a
Malaysian citizen, from the Lenggeng IDC after 11 months detention.
Immigration authorities arrested the six-month pregnant woman on
suspicion that she was an undocumented Sri Lankan migrant when she was
unable to present her identity card (MyKad), unable to remember her
MyKad number, and spoke only basic Malay. Authorities allegedly refused
to confirm her citizenship status even though she provided her address
and the name of the elementary school she attended. The law requires
citizens to carry their MyKad at all times.
Four preventive detention laws permit the Government to detain
suspects without normal judicial review or filing formal charges: the
ISA, the Emergency (Public Order and Prevention of Crime) Ordinance,
the Dangerous Drugs (Special Preventive Measures) Act, and the
Restricted Residence Act.
The ISA empowers police to arrest without a warrant and hold for up
to 60 days any person who acts ``in a manner prejudicial to the
national security or economic life of Malaysia.'' During the initial 60
day detention period in special detention centers, the ISA allows for
the denial of legal representation and does not require that the case
be brought before a court. The home minister may authorize further
detention for up to two years, with an unlimited number of two-year
periods to follow. In practice the Government infrequently authorized
ISA detention beyond two two-year terms. However, in one case, the
Government has detained the longest-held ISA detainee for approximately
seven years. Some of those released before the end of their detention
period are subject to ``imposed restricted conditions.'' These
conditions limit freedom of speech, association, and travel inside and
outside the country.
Even when there are no formal charges, the ISA requires that
authorities inform detainees of the accusations against them and permit
them to appeal to a nonjudicial advisory board for review every six
months. However, advisory board decisions and recommendations are not
binding on the home minister, not made public, and often not shown to
the detainee.
The Bar Council called for the repeal of the ISA, which does not
allow judicial review of ISA decisions in any court, except for issues
of compliance with procedural requirements.
On July 16, authorities arrested political opposition leader Anwar
Ibrahim for alleged consensual sodomy with a former aide and held Anwar
overnight for questioning. The Bar Council and other civil society
groups objected to the police use of intimidating tactics to arrest
Anwar one hour before Anwar was due at the police station for
voluntarily arranged questioning. On July 28, the police reportedly
questioned and briefly detained a medical doctor who found no evidence
of sodomy when examining the complainant, which the Bar Council
described as ``very troubling.'' On August 7, prosecutors charged Anwar
in court under the penal code for ``consensual carnal intercourse
against the order of nature,'' which carries a potential sentence of 20
years in jail. The court released Anwar on bail, and the case remained
ongoing at year's end.
Despite official affirmations that Anwar's arrest and prosecution
were not politically based, senior government officials made repeated
public comments prejudicial to the case. Government officials also
highlighted the charges during a late--August by-election, which
resulted in Anwar's election to parliament. Civil society groups,
including human rights organizations, and international Muslim figures
raised concerns over the political motivation of the Government's
prosecution of Anwar; they drew parallels between Anwar's arrest during
the year with Anwar's arrest in 1998 and subsequent conviction for
sodomy, which was overturned on appeal in 2004.
On September 12, police detained Raja Petra Kamaruddin, a blogger
and critic of the ruling government, under the ISA. On September 23,
the home minister ordered Raja Petra to be detained for two years,
claiming that his writings posed a threat to national security by
creating racial tension and insulting Islam. On November 7, the High
Court ruled Raja Petra's detention was unconstitutional and the judge
ordered his release from ISA detention. The judge ruled that the home
minister's decisions regarding ISA detention could not be ``unfettered
and arbitrary,'' which allowed the court to consider whether the
minister's ISA detention order was in ``accordance with the act.'' The
judge ruled that Raja Petra's detention was invalid because none of his
alleged infractions fell under the scope of the ISA. The Government
appealed the ruling, and the appeal remained pending at year's end.
On October 17, police detained for 19 hours human rights activist
Cheng Lee Whee, from the local NGO SUARAM. Police claimed she was
``spreading information that could cause fear among the people''
against the police. Cheng alleged that police abused their power when
they used water cannons and the Federal Reserve Unit (special riot
police) to forcibly evict residents of the Kampung Baru Plentong Tengah
squatter settlement. She was questioned and released on bail the
following day after police failed to obtain a three-day remand order
against her from the magistrate's court because of ``insufficient
evidence.''
The Government's appeal of the Kuala Lumpur High Court's 2007
decision to award former ISA detainee Abdul Malek Hussin RM2.5 million
(approximately $735,000) for his arrest and torture in 1998 remained
pending at year's end.
In December the home minister stated that there were approximately
46 persons in detention under the ISA. According to a local NGO, the 46
detainees included 29 suspected of involvement with terrorist groups,
five ethnic Indian civil rights activists, and 12 held for
falsification of documents or other offenses. According to SUARAM,
authorities had not formally charged any of these detainees with a
criminal offense.
Under the Emergency Ordinance, the home minister may issue a
detention order for up to two years against a person if he deems it
necessary for the protection of public order, ``the suppression of
violence, or the prevention of crimes involving violence.'' A local NGO
reported that more than 1,000 individuals were detained under the
Emergency Ordinance and other preventive measures. The authorities used
the Emergency Ordinance on suspected organized crime figures.
Provisions of the Dangerous Drugs Act give the Government specific
power to detain suspected drug traffickers without trial for up to 39
days before the home minister must issue a detention order. Once the
Home Ministry issues the detention order, the detainee is entitled to a
hearing before a court, which has the authority to order the detainee's
release. Authorities may hold suspects without charge for successive
two-year intervals with periodic review by an advisory board, whose
opinion is binding on the minister. However, the review process
contains none of the procedural rights that a defendant would have in a
court proceeding. Police frequently detained suspected narcotics
traffickers under this act after courts acquitted them of formal
charges. According to the National Anti--Drug Agency, the Government
detained 805 persons under the preventive detention provisions of the
act during the first eight months of the year, compared with 798
persons during all of 2007.
The Restricted Residence Act allows the home minister to place
individuals under restricted residence away from their homes. These
persons may not leave the residential district assigned to them, and
they must present themselves to police on a daily basis. As under the
ISA, authorities may renew the term of restricted residence every two
years. The minister is authorized to issue the restricted residence
orders without any judicial or administrative hearings. The Government
continued to justify the act as a necessary tool to remove suspects
from the area where undesirable activities were being conducted.
e. Denial of Fair Public Trial.--Three constitutional articles
provide the basis for an independent judiciary; however, other
constitutional provisions, legislation restricting judicial review, and
additional factors limited judicial independence and strengthened
executive influence over the judiciary.
The constitution does not directly vest judicial powers in the
courts but rather provides that Parliament confers judicial powers. The
constitution also confers certain judicial powers on the attorney
general, including the authority to instruct the courts on which cases
to hear, the power to choose venues, and the right to discontinue
cases. The attorney general controlled and directed all criminal
prosecutions and assumed responsibility for judicial assignments and
transfers. Session and magistrate court judges report to the Attorney
General's Office. The prime minister's recommendation determined senior
judge appointments, subject to concurrence by the Council of Rulers,
the traditional Malay rulers of nine states.
Members of the bar, NGO representatives, and other observers
expressed serious concern about significant limitations on judicial
independence, citing a number of high-profile instances of arbitrary
verdicts, selective prosecution, and preferential treatment of some
litigants and lawyers.
On May 9, the royal commission, which had been formed to
investigate the 2002 videotape of a purported conversation in which a
senior lawyer and senior judge discussed arrangements for assigning
cases to ``friendly'' judges, released its findings and determined that
former Prime Minister Mahathir, UMNO Secretary General Tengku Adnan,
and former Chief Justice Eusoff Chin among others were involved in
manipulating judicial appointments and improperly influenced the
promotion of judges. On May 22, the attorney general announced his
office would investigate the allegations, but there was no progress in
the investigations at year's end.
Sessions courts hear minor civil suits and criminal cases. High
courts have original jurisdiction over all criminal cases involving
serious crimes. Juvenile courts try offenders below age 18. A special
court tries cases involving the King and the sultans. The Court of
Appeal has appellate jurisdiction over high court and sessions court
decisions. The Federal Court, the country's highest court, reviews
Court of Appeal decisions.
Indigenous groups in the states of Sarawak and Sabah have a system
of customary law to resolve matters such as land disputes between
tribes. Although rarely used, penghulu (village head) courts may
adjudicate minor civil matters.
Shari'a laws, administered by state authorities through Islamic
courts, bind all Muslims, most of whom are ethnic Malays. The laws and
the degree of their enforcement varied from state to state.
The armed forces have a separate system of courts.
Trial Procedures.--English Common Law is the basis for the secular
legal system. The constitution states that all persons are equal before
the law and entitled to equal protection of the law. Trials are public,
although judges may order restrictions on press coverage. Juries are
not used. Defendants have the right to counsel at public expense if
requested by an accused individual facing serious criminal charges.
Strict rules of evidence apply in court. Defendants may make statements
for the record to an investigative agency prior to trial. Limited
pretrial discovery in criminal cases impeded defendants' ability to
defend themselves. Defendants confronted witnesses against them and
presented witnesses and evidence on their behalf, although judges
sometimes disallowed witness testimony. Government-held evidence was
not consistently made available. Attorneys are required to apply for a
court order to obtain documents covered under the Official Secrets Act.
Defendants are presumed innocent until proven guilty and may appeal
court decisions to higher courts. The law limits a defendant's right to
appeal in some circumstances. The Government stated that the limits
expedite the hearing of cases in the upper courts, but the Bar Council
declared that they impose excessive restrictions on appeals.
In firearm and certain national security cases, a lower standard
for accepting self-incriminating statements by defendants as evidence
is in effect. Regulations also allow the authorities to hold an accused
for an unspecified time before making formal charges.
In criminal cases police sometimes used tactics that impaired a
defendant's due process rights. For example, police used raids and
document seizures to harass defendants.
Shari'a courts do not give equal weight to the testimony of women.
Many NGOs complained that women did not receive fair treatment from
Shari'a courts, especially in matters of divorce and child custody.
Political Prisoners and Detainees.--The Government continued to
hold five political prisoners at year's end, claiming that the men were
security threats to the country. The prisoners' families and lawyers
had regular access to them. The Government detained an opposition
member of Parliament (MP) for one week.
P. Uthayakumar, M. Manoharan, R. Kenghadharan, Ganabatirau, and T.
Vasantha Kumar, leaders of the Hindu Rights Action Front (HINDRAF),
remained in ISA detention at year's end for organizing protests in 2007
against the alleged marginalization of ethnic Indians. Although
Manoharan remained in detention, in March he was elected to the
Selangor State assembly.
On September 12, police detained MP Teresa Kok, a senior Selangor
State cabinet minister, and senior member of the opposition Democratic
Action Party, under the ISA for ``causing tension and conflict among
races.'' Police officials claimed Kok created religious tension by
organizing a petition to lower the loudspeaker volume for the Muslim
call of prayers (azan); made a statement that 30 percent of the
Selangor Islamic Department's allocation for religious funding be given
to non--Islamic religious groups; and opposed the use of Jawi, the
Malay language written in Arabic script, on street signs. Prior to her
arrest, the UMNO-owned Malay language newspaper, Utusan, pursued a two-
week campaign highlighting these allegations against her. She was the
first female MP and the most senior politician since 1998 to be
detained under the ISA. Upon her release Deputy Inspector General of
Police Ismail Omar stated the ``police's investigations offered no
reason to continue her detention.'' Subsequently, in October Utusan
published a fictional article condoning the assassination of a female
Chinese politician who supported anti--Malay policies. Teresa Kok filed
a lawsuit against the newspaper in December, claiming the article was a
veiled smear campaign against her that endangered her life.
Civil Judicial Procedures and Remedies.--The structure of the civil
judiciary mirrors that of the criminal courts. A large case backlog
often resulted in delayed provision of court ordered relief for civil
plaintiffs. The Government and government officials can be sued in
court for alleged violations of human rights.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Various laws prohibit arbitrary interference with
privacy rights; however, authorities infringed on citizens' privacy
rights in some cases. Provisions in the security legislation allow
police to enter and search without a warrant the homes of persons
suspected of threatening national security. Police also may confiscate
evidence under these provisions. Police used this legal authority to
search homes and offices; seize computers, books, and papers; monitor
conversations; and take persons into custody without a warrant. The
Government monitored e mails sent to Internet blog sites and threatened
to detain anyone sending content over the Internet that the Government
deemed threatening to public order or security.
The Federal Islamic Development Department's (JAKIM) guidelines
authorize JAKIM officials to enter private premises without a warrant
if they deem swift action necessary to conduct raids on premises where
it suspects Muslims are engaged in offenses such as gambling,
consumption of alcohol, and sexual relations outside marriage.
In corruption investigations, after a senior police official
involved in the investigation submits a written application, the law
empowers a deputy public prosecutor to authorize interception of any
messages sent or received by a suspect. Information obtained in this
way is admissible as evidence in a corruption trial. Security forces
have broad authority to install surreptitiously surveillance devices on
private property. In addition public prosecutors may authorize police
to intercept postal and telecommunications messages if a prosecutor
judges these likely to contain information regarding a terrorist
offense. Intercepted communications from such efforts are admissible in
court.
The law permits the Home Ministry to place criminal suspects under
restricted residence in remote districts away from their homes for two
years.
The Government bans membership in unregistered political parties
and organizations.
Certain religious issues posed significant obstacles to marriage
between Muslims and adherents of other religions.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, in practice the Government
restricted freedom of expression and intimidated journalists into
practicing self censorship. According to the Government, it imposed
restrictions on the media to protect national security, public order,
and friendly relations with other countries.
The law provides that legislation ``in the interest of security
(or) public order'' may restrict freedom of speech. For example, the
Sedition Act prohibits public comment on issues defined as sensitive,
such as racial and religious matters. The Government used the ISA, the
Sedition Act, the Official Secrets Act, the Printing Presses and
Publications Act, criminal defamation laws, and other laws to restrict
or intimidate political speech. Nevertheless, individuals frequently
criticized the Government publicly or privately. However, on some
occasions the Government retaliated against those who criticized it.
In addition the election law makes it an offense for a candidate to
``promote feelings of ill will, discontent, or hostility.'' Violators
could be disqualified from running for office.
The Government directly and indirectly censored the media by using
the Printing Presses and Publications Act, which requires domestic and
foreign publications to apply annually to the Government for a permit,
making publication of ``malicious news'' a punishable offense, and
empowering the home minister to ban or restrict publications believed
to threaten public order, morality, or national security. It also
prohibits court challenges to suspension or revocation of publication
permits. According to the Government, these provisions ensured that the
media did not disseminate ``distorted news'' and were necessary to
preserve harmony and promote peaceful coexistence in a multiracial
country. During the year the ministry continued to review, censor, and
confiscate many foreign publications. In February SUARAM listed 57
books banned by the Government. Among the banned books was a Tamil-
language book, March 8, which discussed the 2001 Kampung Medan racial
clashes between Malays and Indians. In August the Home Ministry banned
Muslim Women and the Challenge of Extremism, a book published by a
local NGO, for ``containing twisted facts on Islam that could undermine
the faith of Muslims.''
Parties in the ruling coalition owned or controlled a majority of
shares in two of the three major English and all Malay daily
newspapers. Businesspersons well connected to the Government and ruling
parties owned the third major English-language newspaper and all four
major Chinese-language newspapers.
Journalists were subject to arrest, harassment, and intimidation
due to their reporting. For example, Tan Hoon Cheng, a journalist for
the Chinese-language paper Sin Chew, reported on a speech by Ahmad
Ismail, a local UMNO party leader, in which he described Malaysian--
Chinese as ``squatters'' and ``immigrants.'' On September 12, police
detained Tan under the ISA because ``her life was threatened,''
according to the home minister. The public reaction, including the
Malaysian Chinese Association's threat to leave the ruling National
Front coalition, forced the Government to release her within 18 hours
of her detention.
Criminal defamation is punishable by a maximum of two years in
jail, a fine, or both. This, along with the Government power over
annual license renewal and other policies, inhibited independent or
investigative journalism and resulted in extensive self-censorship.
Nonetheless, the English--, Malay--, and Chinese-language press
sometimes provided alternative views on sensitive issues. Following the
March general election, the mainstream press increased its coverage of
the opposition's views and the number of articles critical of
government policy. The media also asked government officials more
difficult questions regarding policy issues than prior to the general
election.
On November 24, the High Court acquitted Irene Fernandez, human
rights activist, of her 2003 conviction for ``publishing false news''
in a memorandum to journalists and the Government on the abuse,
detention, and treatment of migrant workers in IDCs in 1995.
The Government continued to censor the media by controlling news
content, requiring the annual renewal of publishing permits, and
limiting circulation to an organization's members only. Printers often
were reluctant to print publications that were critical of the
Government for fear of reprisal. However, publications of opposition
parties, social action groups, unions, and other private groups
actively covered opposition parties and frequently printed views
critical of government policies.
Radio and television stations were as restricted as the print media
and were predominantly supportive of the Government. News of the
opposition was tightly restricted and reported in a biased fashion.
Opposition party leaders alleged that during the national election the
mainstream media provided minimal coverage for their candidates,
intensely negative reporting about their party's senior figures, and
extensive reporting on the ruling party candidates.
Internet television faced no such restrictions, and the Islamic
Party of Malaysia (PAS) continued daily Internet television broadcasts.
Television stations censored programming in line with government
guidelines. The Government banned some foreign newspapers and magazines
and occasionally censored foreign magazines or newspapers, most often
for sexual content. The Government maintained a ``blacklist'' of local
and foreign performers, politicians, and religious leaders who were not
allowed to appear on television or broadcast on radios.
The Government generally restricted remarks or publications,
including books, it judged might incite racial or religious disharmony.
Internet Freedom.--Although there were no government restrictions
on access to the Internet, during the year the Government blocked
access to some Web sites and arrested several prominent bloggers for
comments that were critical of the Government. Internet access was
widely available, except in East Malaysia, where the Internet was often
not available beyond urban centers. Internet subscriptions totaled
approximately 14.9 million at the end of June 2007. Criminal defamation
and preventive detention laws generated some self-censorship from local
Internet content sources such as bloggers, Internet news providers, and
NGO activists.
Raja Petra and Syed Azidi Syed Aziz were the first individuals to
be charged under the Sedition Act 1948 for Internet postings.
On May 6, police arrested Raja Petra for sedition. On July 17,
authorities charged Raja Petra with three counts of criminal defamation
over a statutory declaration, published on his Web site, which linked
the deputy prime minister to Altantuya Shaaribu's 2006 murder. The
court released Raja Petra on RM10,000 (approximately $2,940) bail.
Later, Raja Petra posted the examining doctor's statutory declaration
and medical report relating to the ongoing sodomy case against
opposition leader Anwar Ibrahim. On August 23, police raided Raja
Petra's house and confiscated his computer and other materials. From
August 27 through September 11, the Government blocked access to Raja
Petra's Web site, Malaysia Today.
On September 11, the energy, water, and communications minister
announced the Government would no longer block access to any Web sites
or blogs in the country, including that of Malaysia Today. The minister
stated there were other ``harsher'' laws in the country, including the
ISA, to ``control the irresponsible dissemination of information over
the Internet and to bring those irresponsible Web sites and blogs to
book.''
On September 19, blogger Syed Azidi Syed Aziz, also known as
``Kickdafella,'' was arrested under the Sedition Act for posting
allegedly seditious statements on his website, including urging people
to fly the national flag upside down as a sign of protest towards
certain government policies. Police released him three days later.
The Communications and Multimedia Act requires certain Internet and
other network service providers to obtain a license. Previously the
Government stated that it did not intend to impose controls on Internet
use but that it would punish the ``misuse'' of information technology.
The act permits punishment of the owner of a Web site or blog for
allowing content of a racial, religious, or political nature that a
court deems offensive.
On September 23, the police summoned Whee Meng Chee, a Malaysian
university student attending school overseas, to the commercial crime
headquarters for questioning for releasing a YouTube video making a
parody of the national anthem. He was released on the same day, and
police continued the investigation at year's end.
Academic Freedom and Cultural Events.--The Government placed some
restrictions on academic freedom, particularly the expression of
unapproved political views, and enforced restrictions on teachers and
students who expressed dissenting views. The Government continued to
require that all civil servants, university faculty, and students sign
a pledge of loyalty to the King and the Government. Opposition leaders
and human rights activists claimed that the Government used the loyalty
pledge to restrain political activity among civil servants, academics,
and students.
Although faculty members sometimes were publicly critical of the
Government, there was clear self-censorship among public university
academics whose career advancement and funding depended on the
Government. Private institution academics practiced self-censorship as
well, fearing that the Government might revoke the licenses of their
institutions. The law also imposes limitations on student associations
and on student and faculty political activity.
The Government has long stated that students should be apolitical,
and it used that assertion as a basis for denying political parties
access to student forums. According to student leaders, academic
authorities sometimes expelled or fined students who signed
antigovernment petitions. School authorities did not restrain
propagation of government views on controversial issues on school
campuses.
The Government censored and banned films for profanity, nudity,
sex, violence, and certain political and religious content. Among films
banned during the year was the short film Fitna, which the Government
claimed insulted Islam.
The youth wing of the PAS protested against singers and groups it
considered obscene and not in line with Islamic values. The Government
responded by cancelling or placing conditions on performances by some
international performers. On September 2, the Kedah State government,
led by PAS, issued a directive on September 2 stating that the
Government would issue entertainment licenses to female artists only
for concerts for female audiences. The state government also instituted
a blanket ban on rock, reggae, pop, and dangdut (an Indonesian style of
music) concerts, which it claimed could have a ``negative impact'' on
youth.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution states that all citizens have ``the right
to assemble peaceably and without arms''; however, the Government
placed significant restrictions on this right through use of the Public
Order Ordinance and the Police Act. The ordinance restricts public
assemblies that could damage security and public order, while the act
requires police permits for all public assemblies except for workers on
picket lines. The act defines a public assembly as a gathering of five
or more persons.
The decision to grant a permit rests with the district police
chief; however, senior police officials and political leaders
influenced the granting or denial of some permits. Police granted
permits routinely to government and ruling coalition supporters but
used a more restrictive approach with government critics, opposition
parties, NGOS, and human rights activists.
On November 9, police detained 23 individuals during a rally
commemorating the first anniversary of the 2007 HINDRAF protest because
the group did not obtain a permit. Among those detained were a MP,
state assembly persons, and journalists. Participants alleged that
police used excessive force while attempting to detain persons.
On November 23, nine persons were arrested for unlawful assembly in
relation to an anti--ISA rally organized by the Abolish--ISA Movement.
Seven individuals were arrested during the event and another two
individuals, opposition MP Salahuddin Ayub and PAS Vice President
Mohamad Sabu, were detained at the police station while visiting the
seven arrested earlier.
At year's end the cases continued of the 31 HINDRAF demonstrators,
the nine persons arrested for participating in an assembly marking
International Human Rights Day 2007, and the 17 members of the
Coalition for Clean and Fair Elections.
Freedom of Association.--The constitution provides for the right of
association; however, the Government placed significant restrictions on
this right, and certain statutes limit it. Under the Societies Act,
only registered organizations of seven or more persons may function as
societies. The Government sometimes refused to register organizations
or imposed conditions when allowing a society to register. The
Government prohibited the Communist Party and its affiliated
organizations from registering because it allegedly posed a national
security threat. On August 19, the Government approved the registration
of the Socialist Party of Malaysia, which it had blocked since 1999.
The Government has the power to revoke the registration of an existing
society for violations of the act. Unlike in prior years, the
Government did not use this power against political opposition groups
during the year.
Some human rights and civic society organizations expressed
difficulty in obtaining government recognition as an NGO; as a result
some NGOs were registered as companies, which presented legal and
bureaucratic obstacles to raise money to support their activities. Some
NGOs also reported that the Government monitored their activities.
On October 15, the home minister declared HINDRAF an illegal
organization being used for unlawful purposes and posing a threat to
public order and morality. On October 23, police arrested 10 persons
when they attempted to submit a letter at the Prime Minister's Office
urging the release of those detained under the ISA. A six-year-old
remained overnight at the police station when her mother, one of the
detained, refused to accept bail. The Government claimed that the 10
had been part of an illegal assembly for having gathered near the
entrance of a government building. All were released the next day.
The Universities and University Colleges Act also restricts freedom
of association. This act mandates university approval for student
associations and prohibits student associations and faculty members
from engaging in political activity. Many students, NGOs, and
opposition political parties called for the repeal or amendment of the
act. A number of ruling coalition organizations and politicians also
supported reexamination of the act, but the Government maintained that
the act still was necessary. In December, Parliament amended the act to
allow students to be members of organizations outside the university.
c. Freedom of Religion.--The constitution provides for freedom of
religion; however, the constitution and the Government placed some
restrictions on this right. The constitution defines all ethnic Malays
as Muslims and stipulates that Islam is the official religion. The
Government significantly restricted the practice of Islamic beliefs
other than Sunni Islam. Article 11 of the constitution states, ``Every
person has the right to profess and practice his religion,'' but it
also gives state and federal governments the power to ``control or
restrict the propagation of any religious doctrine or belief among
persons professing the religion of Islam.''
Civil courts continued to cede authority to Shari'a courts on cases
concerning conversion from Islam and certain areas of family law
involving disputes between Muslims and non--Muslims. Shari'a courts
ordered some Muslims attempting to convert to other religions to
undergo mandatory religious reeducation classes.
Non--Muslims, who constitute approximately 40 percent of the
population and include large Buddhist, Christian, Hindu, and Sikh
communities, were free to practice their religious beliefs with few
restrictions. According to the Government, it allocated RM428 million
(approximately $125.9 million) to build Islamic places of worship and
RM8.1 million ($2.4 million) to build Christian, Buddhist, Hindu, and
other minority religions' places of worship between 2005 and the end of
the year.
The Registrar of Societies, under the Home Ministry, registers
religious organizations. Registration enables organizations to receive
government grants and other benefits. The Government did not recognize
some religious groups; as such these groups sometimes registered
themselves as businesses under the Companies Act.
The Government maintained that views held by ``deviant'' groups
endangered national security. According to the JAKIM Web site, the
Government identified and prohibited to Muslims 56 deviant teachings.
They included Ahmadiyya, Islamailiah, Shi'a, and Baha'i teachings. The
Government asserted that ``deviationist'' teachings could cause
divisions among Muslims. Religious authorities, with the consent of a
Shari'a court, arrested and detained members of groups deemed
``deviationist'' in order to ``rehabilitate deviants'' and return them
to the ``true path of Islam.'' The religious affairs minister stated
that members of these groups were subject to prosecution, detention
under the ISA, or rehabilitation. Neither the Government nor religious
authorities provided data on the number of persons subjected to
prosecution or rehabilitation.
The Government continued to monitor the activities of the Shi'a
minority, and state religious authorities reserved the right to detain
Shi'a followers under the ISA as members of a ``deviant sect.''
According to the Government, it did not detain anyone under the ISA for
``deviationist'' religious reasons during the year.
The Selangor Islamic Affairs Department continued efforts to stop
the spread of the banned al--Arqam Islamic group. The Home Ministry
continued to investigate the group as a ``threat to national
security.'' Authorities closely monitored the group.
The Government generally respected non--Muslims' right of worship;
however, state governments have authority over the building of non--
Muslim places of worship and the allocation of land for non--Muslim
cemeteries. State authorities sometimes granted approvals for building
permits very slowly. Minority religious groups reported that state
governments sometimes blocked construction using restrictive zoning and
construction codes.
In practice Shari'a law as interpreted in the country does not
permit Muslims, born into Islam, to convert to another religion.
Shari'a courts routinely denied requests to convert from Islam.
Lina Joy reportedly left the country rather than pursue her
conversion case in a Shari'a court, following the 2007 decision by the
Federal Court to uphold a 2005 lower court decision that the civil
courts did not have jurisdiction.
The law strictly prohibits non--Muslims from proselytizing Muslims;
proselytizing of non--Muslims faced no legal obstacles.
According to the Malaysian Consultative Council of Buddhists,
Christians, Hindus, Sikhs, and Taoists, the Government continued to
restrict visas for foreign clergy under the age of 40 to inhibit
``militant clergy'' from entering the country. While representatives of
non--Muslim groups did not sit on the immigration committee that
approved visa requests for clergy, the committee asked the consultative
council for its recommendations. In May the Hindu Endowment Board
claimed the Government refused to approve permit extensions and
rejected new applications for priests and temple musicians, requiring
existing visa holders to apply for extensions on a monthly basis. In
December the human resource minister said Indians should stop relying
on foreign priests and that the Government was prepared to arrange the
training of ethnic Indian youths to become temple priests.
Religious education is compulsory for Muslim children and follows a
government-approved curriculum. Muslim civil servants are required to
attend Islamic religious classes taught by government-approved
teachers.
The Government did not ban distribution in peninsular Malaysia of
Malay-language translations of the Bible, Christian tapes, and other
printed materials, but it restricted distribution and required ``Not
for Muslims,'' be stamped on all Malay-language materials. The
distribution of Malay-language Christian materials faced few
restrictions in the eastern states of Sabah and Sarawak. As of
September the Government banned an additional 15 books and publications
on Islam alleged to undermine the faith of Muslims.
The Government generally restricted remarks or publications that
might incite racial or religious disharmony. This included some
statements and publications critical of particular religions,
especially Islam. The Government also restricted the content of sermons
at mosques. In recent years both the Government and the opposition
party PAS have attempted to use mosques in the states they control to
deliver politically oriented messages. Several states attempted to ban
opposition-affiliated imams from speaking at mosques.
Some religious minorities have complained that the Government
undermined their rights in deference to the status of Islam. On July 4,
a Sikh group representing more than 100,000 Sikhs joined the Catholic
archbishop's lawsuit against the Internal Security Ministry's February
12 directive to the Catholic Church to stop using the word ``Allah'',
which the ministry considered exclusive to Islam, in its weekly
publication, The Catholic Herald. The case remained pending at year's
end.
On July 16, the Home Ministry issued a letter to the Catholic
archbishop, as publisher of The Catholic Herald, demanding an
explanation for allegedly publishing material that breached the
publishing permit by analyzing the August by-elections. In August the
ministry issued a warning letter to Herald, demanding an explanation
for articles that allegedly did not ``focus'' exclusively on religion
and a report that allegedly degraded Islam, entitled America and
Jihad--where do they stand? In December the Government renewed the
printing permit but prohibited the paper's publication in Malay, the
country's official language.
According to some women's rights advocates, women were subject to
discriminatory interpretations of Shari'a and inconsistent application
of the law from state to state.
In addition to the existing restrictions on personal attire imposed
upon Muslim women working in retail outlets and restaurants requiring
headscarves and allowing only faces and hands to be exposed, in June
the Kelantan municipal council issued a directive forbidding Muslim
women working in food outlets and business premises from wearing high
heels and lipstick while at work.
The states' religious police continued to conduct raids on private
homes, nightclubs, and other similar locations during the year to
search for Muslims engaged in offenses such as gambling, consumption of
alcohol, dressing immodestly, and engaging in sexual relations outside
marriage. The Government provided no statistics regarding the raids.
Societal Abuses and Discrimination.--Political rhetoric using
religion raised tensions among different religious groups but did not
result in violence. No reliable estimate of the country's Jewish
population was available, and there were no locally based Jewish
communities or synagogues. There were no reports of anti--Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice, although there were some restrictions. The eastern states of
Sabah and Sarawak controlled immigration and required citizens from
peninsular Malaysia and foreigners to present passports or national
identity cards for entry. The Government provided some cooperation to
the UNHCR and generally did not impede other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The Government regulated the internal movement of provisionally
released ISA detainees. The Government also used the Restricted
Residence Act to limit movements of those suspected of criminal
activities.
Citizens must apply for government permission to travel to Israel.
The constitution provides that no citizen may be banished or
excluded from the country. In June, however, Chin Peng, the former
leader of the communist insurgency, lost his bid to return to Malaysia
when the Court of Appeal upheld an earlier ruling compelling him to
show identification papers proving his Malaysian citizenship, forcing
him to continue to live in exile in Thailand.
HINDRAF Chairman Waytha Moorthy was briefly detained following the
large November 2007 HINDRAF-organized demonstration. After his release
he traveled overseas to raise awareness of ethnic Indian
marginalization. Citing a fear of arrest if he returned to the country,
Moorthy remained overseas in self-imposed exile, following the December
2007 ISA detentions of five other HINDRAF leaders. In March the
Government revoked his passport.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has not established a system for providing protection to
refugees. The Government did not grant refugee status or asylum. In
practice the Government did not provide protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government generally did not deport
individuals registered by the UNHCR and being processed for
resettlement to third countries.
The Government continued to deport some refugees and asylum seekers
but allowed certain refugees and persons of concern to remain, pending
resettlement to other countries. The Government generally did not
distinguish between asylum seekers and illegal immigrants and detained
them in the same centers. Detention facilities were overcrowded and
lacked adequate medical facilities. Local human rights NGOs alleged
immigration officials abused detainees and provided inadequate food.
Local NGOs estimated there were 100,000 asylum seekers, refugees,
and stateless persons in peninsular Malaysia, of which there were an
estimated 70,000 Burmese refugees, including ethnic Chin, Mon, and
Rohingya. An estimated 61,000 Filipino Muslims who fled the Moro
insurgency in the 1970s were reportedly living in the country. As of
August 1, the UNHCR registered 41,405 persons of concern in the
country, of which 11,172 were children and more than 88 percent were
Burmese.
During the year there were widespread reports from NGOs,
international organizations, and civil society groups alleging that
immigration officials were involved in the trafficking of Burmese
refugees from IDCs to Thailand, where some refugees were sold into
slavery (See Section 5, Trafficking in Persons).
Throughout the year RELA continued to conduct raids on refugee
camps and detained refugees and asylum seekers along with allegedly
illegal migrants. According to local NGOs, those without the UNHCR
documents were not given access to the UNHCR while in detention and
were thereby deprived of their right to seek asylum. Refugees with
UNHCR cards were usually safe from arrest by police, although police
still arrested asylum seekers occasionally, as they did not always
recognize the UNHCR documents.
In June, the Government, at the request of the Chinese embassy,
deported two Chinese nationals, who identified themselves as Muslims,
to China.
Although most asylum seekers traveled to Kuala Lumpur for
determinations, the UNHCR conducted mobile registrations in areas with
high concentrations of refugees because the UNHCR did not maintain a
presence at the country's border. From January to September, the UNHCR
listed 8,891 persons as asylum seekers and 42,308 as refugees,
approximately 88 percent of whom were Burmese citizens.
By the beginning of September, the UNHCR had submitted 5,849
refugees to third countries for resettlement consideration. Third
countries accepted and resettled 4,885 refugees. The remaining refugees
remained at risk of detention and deportation by immigration officials.
In July the Government approved an allocation of RM50 million
(approximately $14,705,882) for its operation to repatriate 100,000 to
150,000 illegal immigrants in Sabah State to their country of origin.
Informed sources reported less than 20,000 were deported by year's end.
The immigration law provides for six months in prison and up to six
strokes of the cane for immigration violations. In practice delays in
processing travel documents led to the detention of many illegal
immigrants in camps for more than a year. Authorities caned at least
six registered refugees, including a minor, compared with 32 in 2007.
NGOs reported that IDC conditions remained poor, largely due to
inadequate funding for food, medical care, and infrastructure
maintenance.
Stateless Persons.--Citizenship is derived from one's parents (jus
sanguinis). NGO estimates of the number of stateless persons ranged
from several thousand to as many as 30,000. A foreign government
estimated that approximately 10 to 20 percent of the 60,000 illegal
immigrants and persons of concern living in Sabah were stateless
children born in Sabah. Government officials denied stateless persons
access to education, health care, and the right to own property.
Some persons were stateless because the Government refused to
register their birth due to inadequate proof of their parents'
marriage. Interfaith marriages not recognized by the Government
sometimes resulted in undocumented, de facto stateless children.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens formally exercised this right in practice
through periodic elections based on universal suffrage; however, while
votes generally were recorded accurately, there were irregularities
that affected the fairness of elections, and this right was abridged in
practice.
Elections and Political Participation.--Opposition parties were
unable to compete on equal terms with the governing National Front
coalition, led by the ethnic Malay UMNO party, which has held power at
the national level since independence in 1957, because of significant
restrictions on campaigning, freedom of assembly and association, and
access to the media. Nevertheless, opposition candidates campaigned
actively, and in the most recent national elections, held on March 8,
the opposition parties captured 82 of 222 parliamentary seats and 198
of 505 state assembly seats, winning control of five out of 13 state
governments. For the first time since 1969, the opposition's electoral
success denied the ruling coalition a two-third majority in Parliament,
blocking the Government's ability to amend the constitution at will.
Political parties could not operate without restriction or outside
interference. The lack of equal access to the media was one of the most
serious problems encountered by the opposition in the March national
elections and in the subsequent by-election. Opposition leaders also
claimed that the election commission (EC) was under government control
and lacked the independence needed to carry out its duties impartially.
In February the EC announced that it would use indelible ink for the
March 8 general election as a measure to ensure a fair election.
However, the EC reversed its decision on March 4, four days before
election day, attributing the cancellation to police reports alleging
that an unknown entity purchased indelible ink from abroad with the
intention of creating ``confusion and suspicion as to the voters'
status.'' A subsequent investigation provided no evidence that the ink
was compromised. There were numerous opposition complaints of
irregularities by election officials during the campaign; however, most
observers concluded that they did not substantially alter the results.
NGOs and opposition party leaders lodged allegations of illegally
registered ``phantom'' voters, reportedly brought in from other
districts to vote in tightly contested districts; inflated voter rolls;
nonregistered voters using fictitious names or the names of dead voters
still listed on the voter rolls; and noncitizens registered to vote.
The constitution states that parliamentary constituencies should
have approximately equal numbers of eligible voters; however, in
practice the numbers varied significantly. For example, the Putra Jaya
constituency had 6,606 voters, while in Kuala Lumpur, the Seputih
constituency had 76, 891 voters. In Perak, Gopeng had 74,344 voters
compared with Lenggong, with only 23,223 voters.
Over the years power increasingly has been concentrated in the
prime minister, and Parliament's function as a deliberative body has
deteriorated. Parliament rarely amended or rejected government proposed
legislation and did not give legislation proposed by the opposition
serious consideration. Parliamentary procedures allow the speaker of
parliament to suspend members, establish restrictions on tabling
questions, edit written copies of members' speeches before delivery,
and severely restrict members' opportunities to question and debate
government policies. With the increased number of opposition MPs,
government officials often faced sharp questioning in Parliament, and
the press reported in greater detail than in the past. For example,
during the year the Government initiated 30-minute live telecasts of
parliament's daily question-and-answer period.
Under the Local Government Act, elections of public officials were
confined to state assemblies and the federal Parliament. Some
politicians and NGO activists advocated the reintroduction of local
government elections, which the Government abolished after the 1969
race riots. Some ruling party municipal officials noted that local
bodies were simply ``rubber stamps'' for the Government. The coalition
of opposition parties controlled the state governments of Perak,
Selangor, Penang, Kedah, and Kelantan.
Women faced no legal limits on participation in government and
politics. At the end of September, two of the 32 cabinet ministers were
women. Women held 23 of the 222 seats in the lower house and 17 of the
68 senate seats.
In practice the political dominance of the Malay majority meant
that ethnic Malays held the most powerful senior leadership positions.
Non--Malays filled nine of the 32 ministerial posts and 18 of the 37
deputy minister positions.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials often engaged in corrupt
practices with impunity. The media reported numerous cases of alleged
official corruption. There was a broadly held perception of widespread
corruption and cronyism within the governing coalition and in
government institutions. The Anti--Corruption Agency (ACA), the primary
government agency for combating corruption, employed approximately
1,800 staff members nationwide. In December the Government passed
legislation replacing the ACA with the Malaysian Anti--Corruption
Commission.
In December the ACA director general stated the agency arrested 585
people during the year, including 271 civil servants. The ACA arrested
the director general of immigration for allegedly accepting bribes in
exchange for authorizing visa for more than 4,000 Bangladeshi workers,
a group vulnerable to labor exploitation. The ACA also arrested the
deputy director general for allegedly accepting bribes in exchange for
authorizing social visas for Chinese women, a group vulnerable to
commercial sex exploitation, to work as ``guest relations officers,'' a
euphuism for prostitutes. Both individuals were removed from their
positions along with six other officials.
Civil servants who refused or failed to declare their assets faced
disciplinary actions and were ineligible for promotion.
There is no law designed to facilitate citizens' requests for
government statistics or other information collected and compiled by
the Government. Individual MPs were allowed to request and obtain such
information on an ad hoc basis, some of which was then made available
to the public.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. In some cases
government officials were somewhat cooperative and responsive to their
views.
The Government cooperated with some international organizations
during the year. The Government provided some cooperation to the UNHCR
to resettle refugees in third countries.
SUHAKAM was generally considered a credible monitor of some aspects
of the human rights situation. SUHAKAM is not empowered to inquire into
allegations relating to ongoing court cases and must cease its inquiry
if an allegation under investigation becomes the subject of a court
case. During the year the International Coordinating Committee for the
Promotion and Protection of Human Rights (ICC) noted SUHAKAM's failure
to comply with the Paris Principles, which are the international
standards for an independent and effective human rights body. The ICC
notified the Government of its concern over SUHAKAM's ability to
operate independently, free from government restrictions. The ICC
recommended establishing a clear and transparent appointment and
dismissal process for commissioners and increasing commissioners'
tenures from the current two-year tenure. The ICC also found that
SUHAKAM lacked genuine pluralism in the composition of its commission.
SUHAKAM commissioners traveled throughout the country to educate
community leaders, including police officials, on the importance of
human rights. Commissioners also made several visits to prisons
throughout the country to monitor conditions. They repeatedly noted
that a major unresolved challenge was the slow government response to
their reports on major topics that touched on fundamental liberties.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equal protection under the law and
prohibits discrimination against citizens based on sex, religion, race,
descent, or place of birth. However, the constitution also provides for
the ``special position'' of ethnic Malays and the indigenous groups of
the eastern states of Sabah and Sarawak (collectively, bumiputras), and
discrimination based on this provision persisted. Government policies
and legislation gave preferences to bumiputras in housing, home
ownership, awarding of government contracts and jobs, educational
scholarships, and other areas. Nonbumiputras regularly complained about
these preferences, arguing that government subsidies for disadvantaged
persons should be dispensed without regard to race.
Women.--The penal code states that rape is punishable by a prison
term of up to 30 years, caning, and a fine. The Government enforced the
law effectively. According to the police, 1,651 rapes were reported
during the first half of the year. Spousal rape is not a crime,
although a husband may be charged for causing harm to his wife while
attempting to force sexual relations with her.
The courts may decide the minimum jail term for a man convicted of
statutory rape of a girl age 15 years or less. The law also prohibits a
person in authority from using his position to intimidate a subordinate
into having sexual relations.
Violence against women remained a problem. Reports of rape and
spousal abuse drew considerable government, NGO, and press attention.
Under the Domestic Violence Act, anyone who willfully contravenes a
protection order by using violence against a protected person may be
punished by imprisonment of up to one year and a maximum fine of
RM2,000 (approximately $588). In extreme cases involving ``grievous
hurt'' inflicted using a deadly weapon, the maximum imprisonment
increases to 20 years. Women's groups criticized the act as inadequate
and called for amendments to strengthen it. In their view the act fails
to protect women in immediate danger because it requires that separate
reports of abuse be filed with both the Social Welfare Department and
the police, causing delay in the issuance of a restraining order. Cases
also require visible evidence of physical injury, despite its
interpretation to include sexual and psychological abuse.
Many government hospitals had crisis centers where victims of rape
and domestic abuse could make reports without going to a police
station. NGOs and political parties also cooperated to provide
counseling for rape victims, but cultural attitudes and a perceived
lack of sympathy from the largely male police force resulted in many
victims not reporting rapes. According to the Ministry of Women,
Family, and Community Development (MWFCD) and a leading women's NGO,
only 10 percent of rape cases were reported to police. Women's groups
noted that while some rapists received heavy punishments, including
caning, other rapists received inadequate punishments.
Although the Government, NGOs, and political parties maintained
shelters and offered other assistance to battered spouses, activists
asserted that support mechanisms for victims of domestic violence
remained inadequate. There was a sexual investigations unit at each
police headquarters to help victims of sexual crimes and abuse. Women's
rights activists claimed that police needed additional training in
handling domestic abuse and rape cases.
Some Shari'a experts urged Muslim women to become more aware of the
provisions of Shari'a that prohibit spousal abuse and provide for
divorce on grounds of physical cruelty. Provisions in state Shari'a
laws, however, generally prohibit wives from disobeying the ``lawful
orders'' of their husbands and presented an obstacle to women pursuing
claims against their husbands in Shari'a courts. Muslim women were able
to file complaints in civil courts.
Prostitution is not a criminal offense, although soliciting is a
criminal offense. NGOs and international organizations estimated
50,000-150,000 women were involved in prostitution. According to the
Government, police detained 6,357 foreign and 1,004 local prostitutes,
including 442 under-age girls, during 8,893 antivice operations between
2003 and 2008. Muslims engaged in prostitution could face penalties
under Shari'a for engaging in sexual relations out of wedlock.
Authorities routinely arrested foreign prostitutes, usually as illegal
immigrants or for violating the terms of their nonimmigrant visas.
Financially benefiting from the prostitution activities of others is
illegal, and the Attorney General's Office prosecuted offenders.
A government voluntary code of conduct provides a detailed
definition of sexual harassment, which is meant to raise public
awareness of the problem, but women's groups advocated passage of a
separate law on sexual harassment. The Malaysian Employers Federation
opposed any attempt to legislate against sexual harassment in the
workplace, arguing that government imposed policies would unduly
restrict the management of labor relations.
Women's rights advocates asserted that women faced discriminatory
treatment in Shari'a courts due to prejudicial interpretations of
Islamic family law.
The law allows polygamy, and Muslim men practiced polygamy in
limited numbers. Islamic inheritance law generally favors male
offspring and relatives. There was a small but steadily increasing
number of women obtaining divorces under the provisions of Shari'a that
allow for divorce without the husband's consent.
Non Muslim women are subject to civil law. The Guardianship of
Women and Infants Act gives mothers equal parental rights. Four states
extend the provisions of the act to Muslim mothers, and women's groups
continued to urge the other states to do the same.
The Government undertook a number of initiatives to promote
equality for women and the full and equal participation of women in
education and the work force. For example, the Women's Ministry
developed programs and workshops to encourage women to enter the
business community and operate small and medium sized enterprises.
Women experienced some economic discrimination in access to
employment. In 2007 there were 3.8 million women compared with 6.8
million men in the labor force. Women were routinely asked their
marital status during job interviews. In September the Kedah State
government announced that women entertainers could perform only in
front of all-female crowds. The Joint Action group for Gender Equality
condemned the state government for infringing gender equality rights
protected by the constitution.
Children.--The Government demonstrated a commitment to children's
rights and welfare; however, some government policies limited those
rights and protections. For example, the law allows use of a ``light
cane'' to administer a maximum of 10 strokes to male children between
the ages 10 and 18.
Parents must register a child within 14 days of birth. The
authorities require citizens to provide their marriage certificate and
both parents' MyKad. Noncitizens must provide passport or travel
documents. Parents applying for late registration must prove the child
was born in the country. The authorities do not enter the father's
information for a child born out of wedlock unless there is a joint
application by the mother and the person claiming to be the father. The
authorities do not register children born to illegal immigrants or
asylum seekers. Asylum seekers who register a birth risk arrest as
illegal immigrants. The UNHCR registers children born to refugees.
Marriages between Muslims and non Muslims are void. Couples in such
marriages have difficulty registering births that recognize the father
due to the invalidity of the marriage. Children without birth
certificates are stateless and denied entry into both public and
private schools. Stateless children (like noncitizens) are required to
pay higher medical fees, which caused hardship in many cases.
Although primary education is compulsory, there is no enforcement
mechanism governing school attendance.
The Government recognized that sexual exploitation of children and
incest were problems. Incest in particular was a problem in rural
areas. The law provides for six to 20 years' imprisonment and caning
for individuals convicted of incest. The testimony of children is
accepted only if there is corroborating evidence. This posed special
problems for molestation cases in which the child victim was the only
witness.
Statutory rape occurred and was prosecuted. According to the MWFCD,
most victims were below 15 years of age. However, Islamic law
provisions that consider a Muslim girl an adult after her first
menstruation sometimes complicated prosecution of statutory rape. Such
a girl may be charged with khalwat, or close physical proximity, an
offense under Shari'a law, even if she is under the age of 18 and her
partner is an adult. Shari'a courts sometimes were more lenient with
males charged with khalwat, although in many cases Muslim men were
charged and punished for statutory rape under civil law.
Child prostitution existed, but child prostitutes often were
treated as delinquents or illegal immigrants rather than victims.
Sabah had a problem of street children. Estimates ranged from a few
hundred to 15,000 children born in the country to illegal immigrant
parents, some of whom were deported. These children lacked citizenship
and access to government-provided support and often resorted to menial
labor, criminal activities, and prostitution to survive.
Trafficking in Persons.--The 2007 Antitrafficking in Persons Act
went into force in February. It prohibits all forms of trafficking in
persons; however, there were reports that persons were trafficked to,
from, through, and within the country. The Government can also use
other laws, such as the Child Act, the Immigration Act and the
Restricted Residence Act, to arrest and detain traffickers.
Trafficking in persons was a serious problem. The country was a
destination, and to a lesser extent, a source and transit point for men
and women trafficked for the purposes of sexual exploitation and forced
labor. Foreign trafficking victims, mostly women and girls from Burma,
Mongolia, the People's Republic of China (PRC), Indonesia, Cambodia,
Thailand, the Philippines, and Vietnam, were trafficked to the country
for commercial sexual exploitation. Many economic migrants, mostly from
Nepal, Burma, the PRC, Vietnam, Thailand, the Philippines, Cambodia,
Pakistan, Bangladesh, and Indonesia, working as domestic servants or
laborers in the construction, factories, and oil-palm and rubber
plantations and logging companies, faced exploitative conditions that
met the definition of involuntary servitude.
Foreign trafficking victims were kept compliant through involuntary
confinement, confiscation of travel documents, debt bondage, physical
abuse, and/or forced drug use. The Government has not yet reconciled
its new antitrafficking law with preexisting laws and regulations that
allow, or even require, Malaysian employers to confiscate foreign
workers' passports and travel documents, which is a contributing factor
to trafficking. It remained common practice for employers to confiscate
passports. According to news reports, female victims said that they
were lured to the country by promises of legitimate employment but were
forced into prostitution upon their arrival in the country.
According to police, the Bar Council, and SUHAKAM, many foreigners
found to be involved in prostitution were possible trafficking victims.
Foreign embassies, NGOs, and government authorities reported that
police and NGOs rescued and repatriated more than 100 trafficking
victims during the year. The rescues did not lead to a significant
number of arrests and prosecutions of traffickers. The police referred
the 79 women and at least four minors rescued from commercial sexual
exploitation to the Government-operated trafficking shelter; 20 of the
women were certified as trafficking victims. All of the potential and
confirmed victims were legal migrants. The Government has not developed
or implemented proactive procedures to identify victims of trafficking
among the migrant worker population.
A small number of Malaysian women and girls were trafficked for
sexual purposes, mostly to Singapore, Macau, Hong Kong, and Taiwan, but
also to the United Kingdom, Japan, Australia, and Canada. According to
police and ethnic Chinese community leaders, female citizens who were
victims of trafficking were usually ethnic Chinese, although ethnic
Malay and Indian women also were exploited as prostitutes. NGOs
estimated that fewer than 100 Malaysian women were trafficked abroad
during the year and that the number had declined in recent years.
Trafficking of Malaysians domestically remained a problem. Women
from rural areas, indigenous groups, such as the Orang Asli, and ethnic
Indians were particularly vulnerable to domestic trafficking for sexual
and labor exploitation. The Malaysian Trade Union Congress (MTUC)
estimated a significant number of workers, foreign and domestic, worked
in conditions equating to involuntary servitude; however, reliable data
was unavailable to provide credible estimates.
On February 25, the High Court ruled that an undocumented migrant
worker could not receive compensation for loss of income on the basis
that such workers did not have legal status in the country.
There were credible reports of Malaysian immigration officials'
involvement in the trafficking of Burmese refugees along the Malaysia--
Thai border. Immigration officials allegedly received RM700
(approximately $200) per person. Several local NGOs estimated
immigration officials handed over a significant number of Burmese
refugees transported to the border to traffickers. Traffickers demanded
ransom, ranging from RM1,000 ($300) for children to RM1,900 ($560) for
adults, in exchange for freedom and transportation back to Malaysia.
Informed sources estimated 20 percent of the victims were unable to pay
the ransom and were sold for the purposes of labor or sexual
exploitation. Some reports indicated traffickers sold small children
not freed by ransom to child beggar syndicates in the region.
Police and NGOs believed that criminal syndicates were behind most
of the trafficking. Employment agencies were also believed to be
heavily involved in trafficking migrant workers.
Under the Antitrafficking Act, any person convicted of trafficking
an adult is subject to a maximum imprisonment term of 15 years and a
possible fine. A person convicted of trafficking a child receives a
minimum sentence of three years and maximum of 20. Any person profiting
from the exploitation of a trafficked person may serve a maximum of 15
years and pay a minimum fine of RM50,000 (approximately $14,706) and
maximum of RM500,000 ($147,058). The Government initiated prosecution
of six trafficking-in-persons cases involving commercial sex
exploitation. In December the Government obtained its first trafficking
conviction. The court sentenced the trafficker to eight years in
prison. However, the Government did not prosecute offenders of labor
trafficking, which is a significant form of trafficking in persons in
the country. The Government established an interagency antitrafficking
council that included representatives from 11 government organizations
and three local NGOs.
The Government assisted some underage persons exploited as
prostitutes and rescued some trafficked women and girls. In March the
MWCFD opened two trafficking victims' shelters and began assisting
foreign victims of sex trafficking. During the year police continued a
referral system to place foreign trafficking victims in shelters
operated by NGOs and certain foreign embassies. However, shelter space
in private shelters remained inadequate to hold all identified victims,
and authorities transferred those whom shelters could not accept to
immigration detention facilities for deportation processing. Police
participated in NGO and foreign-funded antitrafficking seminars.
The Government initiated consultations, seminars, and training
workshops to disseminate implementation procedures for enforcing the
country's antitrafficking law. The Women's Ministry and other
government organizations began to develop public awareness programs and
recruit local NGOs to share outreach best practices.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--Neither the constitution nor other laws
explicitly prohibit discrimination based on physical or mental
disabilities, but the Government promoted public acceptance and
integration of persons with disabilities.
The Government did not discriminate against persons with
disabilities in employment, education, access to health care, or in the
provision of other state services. A public sector regulation reserves
1 percent of all public-sector jobs for persons with disabilities. The
Government did not mandate accessibility to transportation for persons
with disabilities, and few older public facilities were adapted for
such persons. New government buildings were generally outfitted with a
full range of facilities for persons with disabilities.
A code of practice serves as a guideline for all government
agencies, employers, employee associations, employees, and others to
place suitable persons with disabilities in private sector jobs.
Special education schools existed but were not sufficient to meet
the needs of the population with disabilities.
The Government undertook initiatives to promote public acceptance
of persons with disabilities, make public facilities more accessible to
such persons, and increase budgetary allotments for programs aimed at
aiding them. Recognizing that public transportation was not ``disabled-
friendly,'' the Government maintained its 50 percent reduction of the
excise duty on locally made cars and motorcycles adapted for persons
with disabilities. The Ministry of Human Resources was responsible for
safeguarding the rights of the disabled.
National/Racial/Ethnic Minorities.--The law and government policy
provide for extensive preferential programs designed to boost the
economic position of bumiputras. Such programs limit opportunities for
nonbumiputras in higher education, government employment, business
permits and licenses, and ownership of land. Businesses are subject to
race-based requirements that limit employment and other economic
opportunities for nonbumiputra citizens. According to the Government,
these programs are necessary to ensure ethnic harmony and political
stability.
Despite the Government's stated goal of poverty alleviation, these
race-based policies are not subject to upper income limitations and
appeared to contribute to the broadening economic disparity within the
bumiputra community. Ethnic Indian citizens, who did not receive such
privileges, remained among the country's poorest groups. Another goal
of this policy is for bumiputras to hold 30 percent of the nation's
wealth. According to several studies, the program reached or exceeded
this target; however, official government figures placed bumiputra
equity at 18.9 percent. The Government did not respond to public
requests to make its methodology available.
In 2006 the minister of higher education stated that the nation's
17 public universities employed few nonbumiputra deans. At the
Universiti Malaya, 19 of 20 deans were bumiputras; in many other
universities, deans were exclusively bumiputras. They also accounted
for more than 90 percent of the country's almost 1.15 million civil
servants at the end of the year. The percentage has steadily increased
since independence in 1957.
Indigenous People.--Indigenous people (the descendants of the
original inhabitants of the peninsular region of the country and the
Borneo states, such as the Penan) generally enjoyed the same
constitutional rights as the rest of the population. However, in
practice federal laws pertaining to indigenous people of the peninsular
region, known as the Orang Asli, vest considerable authority in the
non--Orang Asli minister for rural development to protect, control, and
otherwise decide issues concerning this group. As a result indigenous
people in peninsular Malaysia had very little ability to participate in
decisions that affected them. The Government did not effectively
protect indigenous persons' civil and political rights.
The Orang Asli, who numbered approximately 140,000, constituted the
poorest group in the country. Government statistics, in 2007,
categorized approximately 77 percent of Orang Asli households as living
below the poverty level. In apparent contradiction to the 2007
statistics, the Department of Orang Asli Affairs claimed in September
that less than 10,000 of the 28,000 Orang Asli households lived below
the poverty line. A government-sponsored national advisory council
monitored the development of Orang Asli, but only five of the council's
17 members were Orang Asli. In addition only one Orang Asli held a
management position in the Government's Department of Orang Asli
Affairs. Under its ninth economic plan covering the years 2006 10, the
Government allocated slightly more than RM377.8 million (approximately
$111.1 million) for development projects for the Orang Asli. These
focused on improving health, preschool education, infrastructure, and
economic activities. The plan included an additional RM100 million
($29.4 million) for development of lands inhabited by the Orang Asli
and another RM20 million ($5.9 million) to curb inflationary pressures.
In September 2007 the Director General of the Department stated that
the dropout rate among Orang Asli children was 36 percent in secondary
schools, an improvement over the 50 percent dropout rate reported in
2006.
Under the Aboriginal People's Act, Orang Asli were permitted to
live on designated land as tenants at--will, but they did not possess
land rights. Observers reported that over the years, the total area of
land reserved for Orang Asli had decreased, and some land previously
set aside as Orang Asli reserve was rezoned for development. In
September the Department of Orang Asli reported that as of 2006, 20,000
hectares of land was set aside for the Orang Asli. In November the
Government announced it would grant land ownership rights of 50,000
hectares of rural land currently belonging to state governments to
20,000 Orang Asli households.
The uncertainty surrounding Orang Asli land ownership made them
vulnerable to exploitation. Logging companies continued to encroach on
land traditionally held by Orang Asli and other indigenous groups in
the Borneo states. Indigenous people in Sabah and Sarawak continued to
protest encroachment by state and private logging and plantation
companies onto land that they considered theirs under native customary
rights.
The Sarawak Penan Association continued urging the state government
to delineate the Penan's native customary land boundaries, revoke
timber licenses that overlapped their land, stop issuing provisional
leases for plantations, and halt all logging and plantation development
activities on their land. The Penan tribe was among the poorest groups
in the country and lived below the poverty line. In 2007 SUHAKAM urged
the Government to ensure the availability of necessities for the Penan
through poverty eradication and income generation programs. The state
government had not responded to either group's recommendations by
year's end.
On September 13, approximately 150 persons from the Indigenous
Peoples Network of Malaysia (IPNM) staged a protest in Kuala Lumpur to
urge the Government to honor its 2007 commitment to uphold the UN
Declaration on the Rights on Indigenous People. Specifically, the IPNM
called for the establishment of an Orang Asli native court, repeal of
laws that marginalized indigenous people, and an end to the
Government's practice of leasing native customary rights land without
consulting native communities. The Government dismissed their demands,
claiming some NGOs with hidden agendas influenced the indigenous
groups.
Laws allowing condemnation and purchase of land do not require more
than perfunctory notifications in newspapers, to which indigenous
persons may have no access. In past years this deprived some indigenous
persons of their traditional lands with little or no legal recourse.
The 2007 petition filed by the Semalai, another Orang Asli group,
to the High Court to review a Pahang State government-ordered eviction
from an area the Semalai claimed as their traditional land remained
pending at year's end. In 2007 a suit was filed against authorities who
allegedly tore down an Orang Asli church in Gua Musang in June 2007.
The case remained pending at year's end.
The Penan, an indigenous community of Sarawak, used native
customary rights to establish land ownership and stewardship. Each
group of Penan maintained its own foraging area, which is passed down
from one generation to another. Customary native lands are not always
well demarcated. Indigenous rights groups alleged that Abdul Taib
Mahmud, the chief minister of Sarawak, leased Penan and other
indigenous groups' customary land to logging companies and land
developers in exchange for political favors and money. Local observes
claimed logging companies harassed and sometimes threatened vocal Penan
leaders and land rights activists.
A credible international NGO reported that workers from two logging
companies, including one owned by the chief minister's family,
regularly sexually abused Penan women and girls, resulting in several
pregnancies. The NGO urged the Government to investigate the claims.
Although the Marudi District deputy superintendent promised to
investigate the allegations, Sarawak's deputy chief minister initially
dismissed the claims, stating that unless given evidence and specific
details of the allegations, it would be a waste of time to investigate
them. However, on October 7, following continued public outrage, he
announced police would investigate the allegations. National police
headquarters conducted the investigations, which remained pending at
year's end.
Other Societal Abuses and Discrimination.--Although there are no
laws that prohibit homosexuality, laws against sodomy and ``carnal
intercourse against the order of nature'' exist and were enforced
sporadically. Religious and cultural taboos against homosexuality were
widespread.
The Government's response to HIV/AIDS was generally
nondiscriminatory, although stigmatization of AIDS sufferers was
common. On December 18, the deputy prime minister announced mandatory
HIV screening, starting in 2009, for all Muslims prior to being
married. He attributed the need for this screening to the rising rate
of HIV infection among women. According to the Government, more than
82,000 HIV/AIDS cases had been identified since 1986, with over 1,500
new cases identified during the year.
Section 6. Worker Rights
a. The Right of Association.--By law most workers have the right to
form and join trade unions, but the Trade Unions Act (TUA) and the
Industrial Relations Act (IRA) restrict this right. Other laws also may
restrict freedom of association. For example, the Malaysian Penal Code
requires police permission for public gatherings of more than five
persons. Trade unions represented only 8.9 percent of the labor force,
a decrease from 9.3 percent in 2005.
Those restricted by law from joining a union include public sector
workers categorized as ``confidential, managerial, and executive,'' as
well as defense and police officials. However, according to the
International Trade Union Confederation (ITUC), recent amendments to
the IRA made it more difficult for workers to form unions because the
director general and the minister also have absolute authority to
determine designations of workers' status as ``confidential,''
``managerial,'' or ``executive,'' leading to possible systemic abuse by
employers. In theory foreign workers can join a trade union; however,
the Immigration Department barred foreign workers from holding trade
union offices, and most foreign workers' contracts banned them from
joining a trade union.
The TUA prohibits interfering with, restraining, or coercing a
worker in the exercise of the right to form trade unions or
participation in lawful trade union activities. However, the act
restricts a union to representing workers in a ``particular
establishment, trade, occupation, or industry or within any similar
trades, occupations, or industries.'' In addition the director general
of trade unions has broad discretion to refuse to register a trade
union and to withdraw the registration of an existing trade union based
on provisions outlined in the act. When registration is refused,
withdrawn, or canceled, a trade union is considered an unlawful
association; there were no reports of any such actions during the year.
The International Labor Organization (ILO) Committee on Freedom of
Association found many provisions of the Trade Unions Act violate the
principles of freedom of association, and the amendments made in 2007
were done ``without consideration'' of the ILO's recommendations or
without consultation with the MTUC and other labor organizations.
MTUC officials continued to express frustration about delays in the
settlement of union recognition disputes. While the IRA requires that
an employer respond to a union's request for recognition within 21 days
of application, it was not uncommon for such applications to be refused
and unions to go unrecognized for one to four years. Under the
amendments, if an employer does not respond to the union application
within 21 days, the union must submit a written appeal to the director
general of trade unions within 14 days. If the union fails to submit
the appeal within the stipulated period, the union automatically is not
recognized. The amendments also deny the right of unions and
individuals to hold strikes protesting the nonrecognition of their
union.
Trade unions from different industries, except for those in the
electronics sector, may join in national congresses, but such
congresses must register separately as societies under the Societies
Act.
Government policy inhibited the formation of national unions in the
electronics sector, the country's largest industry, because it has
``pioneer status,'' which affords certain investment incentives. The
Government stated that establishment of national unions in the
electronics sector would impede foreign direct investment and
negatively affect the country's international competitiveness in the
sector; government leaders stated that enterprise-level unions were
more appropriate for the electronics industry. According to MTUC
officials, 150,000 electronics workers were unable to organize, and
only eight in-house unions existed in the electronics industry.
Unions maintained independence from both the Government and
political parties, but individual union members may belong to political
parties. Although by law union officers may not hold principal offices
in political parties, individual trade union leaders have served in
parliament. Trade unions were free to associate with national labor
congresses, which exercised many of the responsibilities of national
labor unions, although they cannot bargain on behalf of local unions.
Trade unions were permitted to affiliate with international trade
union organizations, such as global union federations and the ITUC,
subject to the approval of the director general of trade unions.
Although private sector strikes are legal, the right to strike is
severely restricted. Strikes or lockouts are prohibited while the
dispute is before the industrial court. The law contains a list of
``essential services'' in which unions must give advance notice of any
industrial action. The list includes sectors not normally deemed
essential under ILO definitions. MTUC officials said that requirements
imposed by the authorities were so stringent that it was almost
impossible to strike. According to MTUC officials, there were eight
lunchtime pickets or one-day work slowdowns but no strikes during the
year. Employees in the public sector do not have the right to
collective bargaining.
The IRA requires the parties to notify the Ministry of Human
Resources that a dispute exists before any industrial action may be
taken. The ministry's Industrial Relations Department then may become
involved actively in conciliation efforts. If conciliation fails to
achieve settlement, the minister has the power to refer the dispute to
the industrial court. The IRA prohibits employers from taking
retribution against a worker for participating in the lawful activities
of a trade union. However, some trade unions questioned the
effectiveness of the provisions. The IRA limits worker compensation to
a maximum of two years from the time the employee is laid off.
b. The Right to Organize and Bargain Collectively.--Workers have
the legal right to organize and bargain collectively, and collective
bargaining was widespread in those sectors where labor was organized.
There are two national labor organizations. The MTUC is a society
of trade unions in both the private and government sectors and is
registered under the Societies Act. As such, the MTUC does not have
collective bargaining or industrial action rights but provides
technical support for affiliated members. The other national
organization is the Congress of Unions of Employees in the Public and
Civil Service (CUEPACS), a federation of public employee unions
registered under the Trade Unions Act.
CUEPACS is an umbrella organization that included 127 distinct
civil servant unions with approximately 300,000 members out of one
million civil servants, represented by an estimated 160 unions. Teacher
unions accounted for 140,000 of CUEPACS' 300,000 members. CUEPACS holds
talks with the Government through three National Joint Councils (NJCs)
that represent three types of workers: managerial and professional,
scientific and technological, and general (all other types of workers,
such as clerical and support staff). The Government established the NJC
system to have NJCs serve as aggregating, intermediary negotiating
bodies between the Government and the various unions served by CUEPACS.
NJC members are elected from constituent unions. While an individual
civil service union may approach the Government directly on narrow
issues that affect only that particular union or its members, broader
issues that affect the entire civil service flow up to CUEPACS and then
to one of the NJCs, depending on the type of civil servants involved.
Government regulations limited CUEPACS' negotiating power and
virtually eliminated its right to organize strikes. CUEPACS has sought
a minimum wage for civil servants; however, by year's end the
Government had announced no plans to institute a minimum wage for
public or private sector workers.
The Government placed limits on collective bargaining agreements in
companies designated as having pioneer status. The MTUC continued to
object to legal restrictions on collective bargaining in pioneer
industries.
Charges of discrimination against employees engaged in organizing
union activities may be filed with the Ministry of Human Resources or
the industrial court. Critics alleged that the industrial court was
slow to adjudicate worker complaints when conciliation efforts by the
Ministry of Human Resources failed.
The Government holds that issues of transfer, dismissal, and
reinstatement are internal management prerogatives; therefore, they are
excluded from collective bargaining.
Companies in export processing zones must observe labor standards
identical to those in the rest of the country. Although the electronics
sector's pioneer status inhibits organizing, many companies had ``in
house unions''; however, these were seen as controlled by management
and were not allowed to affiliate with national union umbrella bodies.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, including by children; however,
there were reports that such practices occurred. The law allows for
employers to confiscate employees' passports, and it was common
practice for employers to do so as a means to prevent employees seeking
jobs elsewhere. Rights groups complained that the law effectively made
some foreign workers captives of the hiring company. Recruiting agents
required fees that sometimes made foreign workers vulnerable to debt
bondage. Some companies used debt bondage to force some foreign workers
to accept harsh working conditions, threatening imprisonment and
deportation. Following a series of cases of poor treatment, including
an incident when employers abandoned 2,000 workers at Kuala Lumpur's
airport, in October the Government imposed a ban on issuing new work
permits for guest workers from Bangladesh. Some observers believed that
the Government used this incident as a justification to limit the flow
of foreign workers. Indebted to their employers due to excessively high
recruitment fees and without their passports, these workers were
effectively forced to work long hours, accept lower wages than
promised, allow wage deductions, and live in poor housing. Forced labor
conditions reportedly occurred in some palm oil and rubber plantations,
factories manufacturing computer components, and in domestic
households.
Some of the estimated 320,000 foreign women employed as household
workers were subjected to physical abuse and forced to work under harsh
conditions, and some child household employees worked in conditions
amounting to forced labor. A number of domestic workers were not paid
or were paid below the agreed salary. Several of the abused women
reported their employers forced them to sleep on kitchen floors and fed
them only the scraps from a meal.
Although Malaysia and Indonesia concluded a Memorandum of
Understanding (MOU) in 2006 that, among other things, called for
domestic workers to be paid directly, receive compensation for personal
injury, and be given time off in lieu of overtime, it remained a common
practice for employers to deposit wages with recruiting agencies as
repayment for debts. Under terms of the MOU, domestic workers have to
surrender their passports to their employers to ensure they will not
run away. On November 27, the court found Yim Pek Ha guilty of three
counts of causing grievous harm to Nirmala Bonet, a domestic worker
from Indonesia, in 2004. Yim was sentenced to three 18-year concurrent
terms for burning Nirmala with boiling water and a hot iron that
resulted in severe disfigurement.
Child labor occurred in certain areas of the country.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children younger than age 14 but
permits some exceptions, such as light work in a family enterprise,
work in public entertainment, work performed for the Government in a
school or in training institutions, or work as an approved apprentice.
In no case may a child work more than six hours per day, more than six
days per week, or at night.
Most child laborers worked informally in palm oil plantations and
the agricultural sector, helping their parents in the field; however,
only adult members of the family received a wage. Child labor in urban
areas was often found in family food businesses, night markets, and
small-scale industries. Government officials did not deny the existence
of child labor in family businesses but maintained that foreign workers
had largely replaced child labor and that child labor provisions were
vigorously enforced.
e. Acceptable Conditions of Work.--No national minimum wage
provision was in effect, as the Government preferred to allow market
forces to determine wages. Prevailing market wages generally provided a
decent standard of living for citizens, although not for all migrant
workers. Wage councils, established by a 1947 act to provide a
recommended minimum wage for sectors in which the market wage was
deemed insufficient, had little impact on wages in any sector.
According to MTUC officials, the wage councils had not met for more
than 15 years, and their recommended wages have long been obsolete.
Plantation workers generally received production-related payments
or daily wages. Under a 2003 agreement, plantation workers received a
minimum wage of RM350 (approximately $100) per month. Proponents of the
agreement said that productivity incentives and bonuses raised the
prevailing wage to RM700 ($200). Labor activists and human rights NGOs
reported that debt bondage was practiced in some plantations, where
whole families of ethnic Indians and migrant workers were placed into
forced labor conditions.
Under the Employment Act, working hours may not exceed eight hours
per day or 48 hours per workweek of six days. Each workweek must
include a 24-hour rest period. The act also sets overtime rates and
mandates public holidays, annual leave, sick leave, and maternity
allowances. The Labor Department of the Ministry of Human Resources is
responsible for enforcing the standards, but a shortage of inspectors
precluded strict enforcement.
Illegal foreign workers employed by licensed outsourcing companies
and provided to factories on an as-needed basis have no legal
protection under the law and limited legal options for recourse in
cases of abuse.
Foreign migrant laborers, legal and illegal, often worked under
difficult conditions, performed hazardous duties, had their pay
withheld by employers, and had no meaningful access to legal counsel in
cases of contract violations and abuse.
In March a Hong Kong-based manufacturing company agreed to pay
compensation to all the workers whose contracts were changed, where
passports were confiscated, and who were paid lower salaries than
originally promised. The company's action followed a public campaign
highlighting the poor working conditions of 1,300 Vietnamese contract
workers hired in 2007 to work in the company's garment factory in
Penang. The 84 workers, who had been deported by immigration officials
at the request of the company for allegedly leading a strike, were also
paid compensation. The Government did not play a significant role in
resolving this case.
In August, following an investigative news report, a foreign-based
company announced it had found major workers' rights violations at one
of its Malaysian contract facilities. According to the company, 1,200
workers at the local factory were subjected to squalid living
conditions and garnished wages. It also found that the local company
that owned the factory also withheld the passports of foreign workers,
many of whom paid fees to agents in their home countries to obtain the
factory jobs. The Government rejected reports that the foreign workers
were mistreated and that their wages were garnished. The human
resources minister said the company did not breach any labor laws.
Foreign workers, particularly if they were illegal aliens,
generally did not have access to the system of labor adjudication.
However, the Government investigated complaints of abuses, attempted to
inform workers of their rights, encouraged workers to come forward with
their complaints, and warned employers to end abuses. Like other
employers, labor contractors may be prosecuted for violating the law.
According to the results of a survey conducted during the year by the
Federation of Malaysian Manufacturers, the average monthly wage of
foreign workers engaged in the manufacturing sector was RM581
(approximately $172).
The Workmen's Compensation Act covers both local and foreign
workers but provides no protection for foreign household workers.
According to the Government, foreign household workers are protected
under the Employment Act with regard to wages and contract termination.
However, these workers are excluded from provisions of the act that
would otherwise ensure that they received one rest day per week, an
eight-hour workday, and a 48-hour workweek.
Employers sometimes failed to honor the terms of employment and
abused their household workers. Only household workers ages 25 to 45
were allowed into the country, according to Immigration Department
officials. They were not allowed to bring family members into the
country while employed. The terms of the contract for Indonesian
domestic workers, who made up approximately 90 percent of all foreign
household workers, were often vague and open to abuse. The typical
contract provided for a monthly salary of RM450-RM600 (approximately
$132-176) but did not specify the number of working hours per day. NGOs
reported that many Indonesian household workers were required to work
14 to 18 hours a day, seven days a week. The contract for Filipina
household workers included more comprehensive protections, but both
groups suffered from a lack of education concerning their legal rights.
Some workers alleged that their employers subjected them to inhuman
living conditions, withheld their salaries, confiscated their travel
documents, and physically assaulted them.
Workers have the right to take legal action against abusive
employers. According to NGOs the courts generally sided with employees
and ruled that employers must pay all back salary and compensate
plaintiffs for injuries, but long delays in court proceedings and
rulings often precluded aggrieved foreign workers from seeking redress
through the court system.
Mechanisms for monitoring workplace conditions were inadequate.
Private, for-profit labor agencies, themselves often guilty of abuses,
were often responsible for the resolution of abuse cases. Bilateral
labor agreements with Indonesia do not provide adequate protections for
household workers.
The Occupational Safety and Health Act covers all sectors of the
economy except the maritime sector and the armed forces. The act
established a national Occupational Safety and Health Council, composed
of workers, employers, and government representatives, to set policy
and coordinate occupational safety and health measures. It requires
employers to identify risks and take precautions, including providing
safety training to workers, and compels companies that have more than
40 workers to establish joint management-employee safety committees.
The act requires workers to use safety equipment and cooperate with
employers to create a safe, healthy workplace. Employers or employees
that violate the act are subject to substantial fines or imprisonment
for up to five years, although the MTUC complained that some employers
flouted the rules with impunity. There are no specific statutory or
regulatory provisions that provide a right for workers to remove
themselves from dangerous workplace conditions without arbitrary
dismissal.
__________
MARSHALL ISLANDS
The Republic of the Marshall Islands is a constitutional republic
with a population of approximately 56,000. In November 2007 voters
elected the parliament (Nitijela) in generally free and fair multiparty
elections. The parliament elected Litokwa Tomeing president in January
2008. Civilian authorities generally maintained effective control of
the security forces.
The Government generally respected the human rights of its
citizens; however, prison conditions, government corruption, violence
against women, child abuse, and lack of worker protections were areas
of concern.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and there were
no reports that government officials employed them.
Prison and Detention Center Conditions.--Prison conditions did not
meet international standards. Lighting, ventilation, and sanitation
were inadequate, and there was no program to ensure regular access to
outside activity. Security was poor.
Some male juveniles were held together with the general prison
population. There were no specialized prison facilities for female
prisoners, including juveniles; they generally were held under house
arrest. Some female offenders were held in a separate police
substation. Pretrial detainees were not separated from the general
prison population.
There were no requests for prison visits by independent human
rights observers.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police force, and the Government
has effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving the police
force during the year.
Arrest and Detention.--Under the constitution and law, a warrant
issued by a court is required for an arrest if there is adequate time
to obtain one. The courts have interpreted this provision to exempt
situations such as a breach of the peace or a felony in progress. There
was a functioning system of bail, and detainees may request bond
immediately upon arrest for minor offenses. Most serious offenses
require the detainee to remain in jail until a hearing can be arranged,
normally the morning after arrest. Detainees have the right to lawyers
of their choice, and the Government provides a lawyer if the defendant
is indigent. Families had access to detainees.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Defendants can choose either a bench trial or a four-member jury
trial. In recent years defendants increasingly opted for jury trials,
which had a higher rate of acquittals. Defendants enjoy a presumption
of innocence and have the right to counsel. They may question
witnesses, examine government-held evidence, and appeal convictions.
The constitution extends these rights to all citizens.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is no separate
judiciary in civil matters, but there are administrative remedies for
alleged wrongs, including human rights abuses, as well as judicial
remedies within the general court system.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press.
The plaintiff did not pursue further his 2007 suit against a police
officer for allegedly destroying political signs.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. For
most citizens, however, Internet access was limited by lack of public
access points and high prices.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
Societal Abuses and Discrimination.--There were no reports of
societal abuse or discrimination against religious groups, including
anti--Semitic acts. There were few known Jews in the country.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The occasion did not arise during the year for government
cooperation with the Office of the UN High Commissioner for Refugees or
other humanitarian organizations in providing protection and assistance
to internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
The law does not prohibit forced exile, but the Government did not
employ it.
Protection of Refugees.--The laws do not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
country is not a signatory of these instruments. The Government has not
established a system for providing protection to refugees. In practice
the country has almost no history of refugees or asylum seekers. The
issue of providing protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened
did not arise 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.--Executive power is
centralized in the president and his cabinet. The legislature consists
of the Nitijela and a council of chiefs (Iroij), the latter of which
serves a largely consultative function dealing with custom and
traditional practices.
The most recent elections for the Nitijela were held in November
2007. Some ballot boxes were recounted on the initiative of the chief
electoral officer, which caused accusations of impropriety and
assertions that the boxes should have been reopened only with a court
order. A team of independent election observers from the Pacific
Islands Forum stated in its initial report that the election, while
poorly managed, was conducted in a democratic manner, enabling voters
to exercise their will freely. In February the Government appointed an
independent commission of inquiry to investigate the election. In
August the commission issued its report, which placed the blame for the
marred election on interference in civil service hiring procedures by
the then minister of internal affairs, which led to unqualified
individuals managing the election process.
Individuals and parties can freely declare their candidacy and
stand for election. There are no restrictions on the formation of
political parties, although many candidates prefer to run independently
or loosely align with informal coalitions.
There are no legal impediments to women's participation in
government and politics; however, traditional attitudes of male
dominance, women's cultural responsibilities and traditionally passive
roles, and the generally early age of pregnancies made it difficult for
women to obtain political qualifications or experience. There was one
woman in the 33-member Nitijela, who served as minister of health, and
four women in the 12-seat House of Iroij. There were a number of women
in prominent appointed government positions, including the secretary of
education, secretary of health, secretary of foreign affairs, director
of the Social Security Administration, banking commissioner, and chief
public defender.
There were no members of minorities in the legislature.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials sometimes engaged in
corrupt practices with impunity. Corruption was a serious problem.
Budgetary problems persisted, but independent auditors gave the
Government an unqualified audit for the year, noting improvements.
Public officials are not subject to financial disclosure laws. The
Attorney General's Office is responsible for investigating cases of
alleged corruption, but few cases were prosecuted. No high-level
elected official has ever been indicted for corruption. Voters tend to
look to representatives for financial assistance, which pressured
elected officials to use government authority to provide patronage to
extended family members and supporters. This frequently led to
allegations of nepotism in government hiring, especially for teachers,
where studies found serious differences between teacher pay and
qualifications. Officials also have used their positions to protect
family members from prosecution for alleged wrongdoing.
In September an employee of the largest construction firm in the
country was appointed as chairman of a newly appointed Environmental
Protection Agency (EPA) board. An EPA employee was fired from his
position after he publicly commented on the conflict of interest
between serving on the body tasked with regulating development and
construction permits and being employed by the country's biggest
developer. Subsequently the president's office ordered the attorney
general to investigate the circumstances surrounding the firing; the
matter was pending at year's end.
The law does not provide specifically for public access to
government information. Although there is no specific statutory basis
for denying such information, the Government held that the burden for
overcoming a denial of access rests with the public, and a court filing
showing the reason the information is required was often necessary.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Human rights groups generally operated without government
restriction, but few local groups existed. The Government was not
always responsive to the concerns of nongovernmental organizations
(NGOs). The NGO Women United Together in the Marshall Islands (WUTMI)
worked on women's, children's, and family issues.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination on the basis of sex,
race, color, language, national or social origin, place of birth, and
family status or descent, and the Government generally observed these
provisions.
Women.--Rape, including spousal rape, and assault are criminal
offenses, and the Government enforced the law effectively. The law
establishes penalties of up to 25 years' imprisonment for first-degree
sexual assault. Spousal abuse was common; most assaults occurred while
the assailant was under the influence of alcohol. According to a 2003
WUTMI survey, more than 80 percent of women had been affected by
spousal abuse. Violence against women outside the family also occurred,
and women in urban centers risked assault if they went out alone after
dark. Police generally responded to reports of rape and domestic
assault, and the Government's health office provided counseling in
reported spousal and child abuse cases. However, most observers
believed that few sexual offenses were prosecuted, since cultural
constraints discouraged victims from reporting such crimes to the
police. During the year four of the 34 criminal cases brought before
the High Court were sexual assault cases. At year's end two cases
resulted in convictions and two were pending.
The courts have promulgated rules designed to protect women filing
rape charges during court testimony, and women's groups under the WUTMI
umbrella continued to publicize women's issues and promote a greater
awareness of women's rights.
Prostitution is illegal but continued to occur, particularly on the
Majuro and Kwajalein atolls. Organized prostitution on Majuro, run
primarily by foreigners, was patronized by visiting fishermen and local
residents. The Government prosecuted and expelled several persons who
had overstayed their visas, could show no income or other evidence of
support, and were alleged to be involved in prostitution.
Sexual harassment is not prohibited by law, but it was not
considered a widespread or serious problem.
The inheritance of property and traditional rank is matrilineal,
with women occupying positions of importance in the traditional system,
although control of property often was delegated to male family members
on behalf of female landowners. Several educated women held prominent
positions, particularly in government; however, while female workers
were very prevalent in the private sector, many were in low-paying jobs
with little prospect for advancement. The traditional authority
exercised by women has declined with growing urbanization and movement
of the population away from traditional lands.
Children.--The Government showed a commitment to children's welfare
through its programs of free education and health care, but these were
not adequate to meet the needs of the country's increasing population.
Education was universal and compulsory to age 18, and the national
government did not charge school fees, but it was estimated that up to
20 percent of children did not attend elementary school on a regular
basis. In many cases this was because they lived too far away from a
school or their families could not afford the annual registration fee,
which varied by school but averaged approximately $10 (the U.S. dollar
is the national currency), or incidental expenses. The lack of school
lunch programs in public schools was cited as another factor that
contributed to absenteeism and poor performance.
Child abuse and neglect are criminal offenses, but public awareness
of children's rights remained low, and child abuse and neglect were
considered increasingly common. Convictions for violation are
punishable by up to 25 years in prison, depending on the degree of the
offense. The law requires teachers, caregivers, and other persons to
report instances of child abuse and exempts them from civil or criminal
liability as a consequence of making such a report. Nonetheless, there
were few reports or prosecutions.
Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons; however, there were no reports that persons
were trafficked to, from, through, or within the country.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical or mental disabilities.
There was no apparent discrimination against persons with physical or
mental disabilities in employment, education, access to health care, or
the provision of other state services; however, there were no building
codes and no legislation mandating access for such persons. The
Government provided minimal support for persons with mental
disabilities.
Persons who could be medically defined as psychotic were imprisoned
with the general prison population and visited by a doctor. When prison
officials protested the disruptions caused by this practice, other
arrangements, such as house arrest, were made.
There is no government agency specifically charged with protecting
the rights of persons with disabilities. The attorney general is
responsible for handling court cases involving complaints of
discrimination against persons with disabilities, but no such cases
were brought during the year.
National/Racial/Ethnic Minorities.--Discrimination against Chinese
nationals continued. The Government has been accused of selectively
enforcing laws, especially immigration laws, against migrants from the
People's Republic of China (PRC) while ignoring similar violations by
other nationalities. There were allegations that immigration officers
seized PRC passports from their holders at the airport. The owners of
these passports were later detained by immigration enforcement officers
and were unable to produce their documentation because their passports
had been ``lost'' by officials at the airport. Police then arrested
them for being in the country without documentation.
Some ethnic Chinese reported being threatened or attacked based on
their race and receiving regular racial slurs. In December a Japanese
diplomat was assaulted outside a nightclub; his attacker later stated
that he thought the diplomat was Chinese. Other ethnic Chinese stated
it was common for taxi drivers to refuse to stop for Chinese
passengers.
Other Societal Abuses and Discrimination.--There were no accounts
of societal violence based on sexual orientation. There are no enforced
laws criminalizing homosexuality. In general homosexuals were accepted
in society.
There were no accounts of societal violence based on HIV/AIDS
infection. There was some cultural stigma attached to HIV infection,
but non-governmental organizations (NGOs) and the Government conducted
campaigns to provide HIV/AIDS education and encourage testing for the
disease.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right of
free association in general, and the Government interpreted this right
as allowing the existence of labor unions, although none have been
formed. With few major employers, there were few opportunities for
workers to unionize, and the country had no history or culture of
organized labor.
The law does not provide for the right to strike, and the
Government has not addressed this issue.
b. The Right to Organize and Bargain Collectively.--There is no
legislation concerning collective bargaining or trade union
organization. Wages in the cash economy were determined by market
factors in accordance with the minimum wage and other laws.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits involuntary servitude, and there were no reports of its
practice among citizens. Officials suspected that some forced or
compulsory labor existed among the illegal alien population.
The law does not specifically prohibit forced and compulsory labor
by children; however, there were no reports that such practices
occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There is no law or regulation setting a minimum age for employment of
children. Children typically were not employed in the wage economy, but
some assisted their families in fishing, agriculture, retailing, and
other small-scale enterprises.
e. Acceptable Conditions of Work.--The law establishes a minimum
wage of $2.00 per hour for both government and private-sector
employees. The national minimum wage did not provide a decent standard
of living for a worker and family. However, in the subsistence economy,
extended families were expected to help less fortunate members, and
there often were several wage earners to support each family. The
Ministry of Resources and Development adequately enforced the minimum
wage regulations. Foreign employees and local trainees of private
employers who had invested in or established a business in the country
were exempt from minimum wage requirements. This exemption did not
affect a significant segment of the workforce.
A government labor office makes recommendations to the Nitijela on
working conditions, such as the minimum wage, legal working hours and
overtime payments, and occupational health and safety standards, and
the office periodically convenes board meetings that are open to the
public. There is no legislation concerning maximum hours of work or
occupational safety and health. On Sunday most businesses were closed,
and persons generally refrained from working. No legislation
specifically gives workers the right to remove themselves from
situations that endanger their health or safety without jeopardy to
their continued employment, and no legislation protects workers who
file complaints about such conditions. The Government did not conduct
any inspections of workplace health and safety conditions during the
year. The law protects foreign workers in the same manner as citizens.
__________
MICRONESIA, FEDERATED STATES OF
The Federated States of Micronesia is a constitutional republic
composed of four states: Chuuk, Kosrae, Pohnpei, and Yap. Its
population was approximately 108,000. The popularly elected unicameral
legislature selects the president from among its four at-large senators
(one from each state). There were no formal political parties. The most
recent general elections for Congress, held in March 2007, were
considered generally free and fair, despite technical problems and some
allegations of fraud in Chuuk. In May 2007 Congress chose Emanuel Mori
as president. Individual states enjoyed significant autonomy, and
traditional leaders retained considerable influence in Pohnpei and Yap.
Civilian authorities generally maintained effective control of the
security forces.
The Government generally respected the human rights of its
citizens. Reported human rights problems included judicial delays,
government corruption, discrimination against women, domestic violence,
and child neglect.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and the
Government generally respected these provisions; however, there were
occasional reports of physical abuse by police or prison officials. In
October authorities concluded an investigation, begun in 2007, of a
corrections officer for sexual assault of an inmate. The officer was
fired, but no criminal charges were filed. In another case police
officers refused a detainee access to the toilet. After his release a
court awarded the victim $4,000 (the U.S. dollar is the national
currency) in a civil suit against the police. There were some other
private lawsuits alleging police abuse during the year, but there were
no reports that abusive behavior was systemic.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards; however, the underfunded
corrections divisions of the Pohnpei and Chuuk State Public Safety
Departments failed to provide nutritionally adequate meals to
prisoners.
There were no designated juvenile detention facilities; however,
juvenile crime was rare, and the states seldom incarcerated juvenile
offenders. Pretrial detainees usually were held with convicted
prisoners.
The Government permits prison visits by human rights observers, but
none occurred during the year.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Despite some
improvement after Chuuk State's governor introduced measures in 2006 to
reform the state's underqualified and politicized police force, law
enforcement agencies in Chuuk remained staffed with friends and
relatives of powerful individuals. Civilian authorities maintained
effective control over the national, state, and local police forces,
however, and the Government has effective mechanisms to investigate and
punish abuse. There were no reports of impunity involving the police
forces during the year.
Arrest and Detention.--Warrants are required for arrests, and
detainees were promptly advised of the charges against them. Detainees
must be brought before a judge for a hearing within 24 hours of arrest,
and this requirement was generally observed in practice. Most arrested
persons were released on bail. Detainees had prompt access to family
members and lawyers. All defendants have the right to counsel; however,
the public defender's office was underfunded, and not all defendants
received adequate legal assistance in practice.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
The formal legal system coexists with traditional, mediation-based
mechanisms for resolving disputes and dealing with offenders at the
local level.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. Trials are
public, although juveniles are allowed closed hearings. Judges conduct
trials and render verdicts; there are no juries. Defendants enjoy a
presumption of innocence and have the right to counsel, to question
witnesses, to access government-held evidence, and to appeal
convictions. The law extends these rights to all citizens. There is a
national public defender system with an office in each state. Despite
these provisions, cultural resistance to litigation and incarceration
as methods of maintaining public order allowed some persons to act with
impunity. Serious cases of sexual and other assault and even murder did
not go to trial, and suspects routinely were released indefinitely.
Bail, even for major crimes, usually was set at low levels.
Underfunding of the court system and delays in most states in
judicial appointments significantly impaired the judiciary's ability to
function efficiently. The chief justice of Chuuk State estimated the
state had a backlog of some 3,000 cases. Only Yap State reported no
delays in its proceedings for criminal and civil cases. No state had
case tracking or record-keeping systems in place at the courts.
Consequently, some courts lost documents; this prevented cases from
moving forward.
The National Court also lacked sufficient funding and staffing to
adequately uphold standards for the Bar. Two members of the Bar were
convicted felons, who nevertheless represented persons in 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. The Supreme Court is
responsible for hearing lawsuits seeking damages for, or cessation of,
human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution contains an express right to privacy
that prohibits such actions, and the Government generally respected
these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of ``expression'' but not specifically of ``speech'' or of
``the press''; however, the Government generally respected each of
these rights in practice.
Individuals could criticize the Government publicly or privately
without reprisal. The number of independent media outlets remained
small, however, and there was a lack of consistently reliable access to
broadcast media.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Cost and lack of infrastructure limited public Internet access on the
outlying islands in each state. On the four principal islands,
infrastructure was adequate, but cost still limited access. However,
each state telecommunications office had Internet work stations
available to the public 24 hours a day for reasonable hourly fees.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
Societal Abuses and Discrimination.--There were no reports of
societal abuse or discrimination against any religious groups. There
were no known Jewish communities in the country and no reports of
anti--Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country. Foreign travel, emigration, and
repatriation are addressed in other areas of the law. In practice none
of these rights were restricted. The Government cooperated with the
Office of the UN High Commissioner for Refugees and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, asylum seekers,
stateless persons, and other persons of concern.
The law does not explicitly prohibit forced exile; however,
statutes that prescribe punishments for crimes do not provide for the
imposition of exile, and the Government did not employ it.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has not established a system for providing protection to
refugees. There were no formal requests for refugee status or asylum
during the year. In practice the Government provided protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--The last general elections
were held in March 2007 and were generally free and fair; however,
there were serious discrepancies between national and state voter
registries in Chuuk State that disenfranchised perhaps hundreds of
voters. The reasons for the discrepancies appeared primarily technical,
although there were some allegations of fraud.
State governors, state legislators, and municipal governments are
elected by direct popular vote. There are no restrictions on the
formation of political groups; however, there were no significant
efforts to form organized political parties, and none existed.
Candidates generally sought political support from family and allied
clan groupings, religious groups, and expatriate citizen communities.
Cultural factors in the male-dominated society limited women's
representation in government and politics. Women were well represented
in the middle and lower ranks of government at both the federal and
state level but were scarcer in the upper ranks, although a woman held
the cabinet-level position of secretary of health services. More women
ran for elective office in 2007 than in previous elections. One woman
retained her seat in the Pohnpei State legislature. Another won the
primary election for Pohnpei lieutenant governor but lost in the
general election.
There was one woman in the 23-seat Pohnpei State legislature and no
women in the other state legislatures or in the 14-member national
legislature.
The country is a multicultural federation, and both the legislature
and the Government included persons from various cultural backgrounds.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government sometimes
implemented these laws effectively; however, officials sometimes
engaged in corrupt practices with impunity. Government corruption was a
serious problem, particularly in Chuuk State. In May 2007 a former
ambassador was charged with criminal conspiracy and violation of
financial management regulations in connection with a passport fraud
scheme at the country's embassy in the United States. His case was
still pending at year's end, and he remained free on bail.
A senator indicted in 2004 for corruption retained his seat in the
March 2007 elections. However, in March 2008 he was convicted of
felonious embezzlement of government funds. The constitution prohibits
a felon from serving in Congress, and in April Congress accordingly
expelled the senator.
Public officials were not subject to financial disclosure laws. The
Office of the Attorney General has primary responsibility for combating
government corruption; however, during the year, the new attorney
general, appointed in February, remained suspended from practice before
the national Bar due to allegations of improper practices prior to
assuming the position of attorney general. (His suspension dated from
1999.)
There is no national law providing for public access to government
information. The speaker of Congress can declare any congressional
documents confidential. State laws and practices varied. Legislative
hearings and deliberations generally were open to the public. In
Pohnpei the state legislature's proceedings were televised, and in Yap
they were broadcast on FM radio. Information from other branches of
government also was accessible; however, retrieval sometimes was
delayed by the loss or mishandling of records and the need for lower
level administrative personnel to verify that their release was
permissible. There were no reported cases of government denial of
access to media, but there were only a small number of media outlets,
and their reporting resources were limited.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Although there were no official restrictions, no local groups
concerned themselves exclusively with human rights. Several groups
addressed problems concerning the rights of women and children, and the
Government often cooperated with these groups.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law provide explicit protection against
discrimination based on race, sex, or language, but societal
discrimination against women remained a problem.
Women.--Sexual assault, including rape, is a crime. There is no
specific law against spousal rape. Sexual assault involving a dangerous
weapon or serious physical or psychological harm to the victim is
punishable by up to nine years' imprisonment in Chuuk and 10 years'
imprisonment in the other three states, or a fine of up to $20,000 in
Kosrae and $10,000 in the other states. If neither a dangerous weapon
nor serious harm is involved, the assault is punishable in all states
by up to five years' imprisonment or a fine. Few cases were reported or
prosecuted, however. It was believed that such crimes were
underreported due to social stigma. During the year new programs took
place to train police officers to recognize the problem. According to
police and women's groups, there were a number of reports of physical
and sexual assaults against women, both citizens and foreigners,
outside the family context. In this traditional society, unmarried
women sometimes were considered to have invited such violence by living
or traveling alone.
Reports of spousal abuse, often severe, continued during the year.
Although assault is a crime, there were no specific laws against
domestic abuse, and there were no governmental or private facilities to
shelter and support women in abusive situations. Effective prosecution
of offenses was rare. In many cases victims decided against initiating
legal charges against a family member because of family pressure, fear
of further assault, or belief that the police would not involve
themselves actively in what is seen as a private family problem.
Within the traditional extended family unit, violence, abuse, and
neglect directed against spouses or children were deemed offenses
against the family, not just the individual victims, and were addressed
by a complex system of familial sanctions. However, traditional methods
of coping with family discord were breaking down with increasing
urbanization, monetization of the economy, and greater emphasis on the
nuclear family. No government agency, including the police, has
succeeded in replacing the extended family system or in addressing the
problem of family violence directly.
Prostitution is illegal and was uncommon, although the police
reported that a small number of prostitutes were available to fishermen
temporarily docked in Pohnpei. National and state law enforcement
authorities began an investigation into the problem as some local
women, in addition to women from other Asian countries, reportedly
engaged in prostitution; the investigation was ongoing at year's end.
The law does not prohibit sexual harassment, and anecdotal reports
suggested that it was pervasive.
Women have equal rights under the law, including the right to own
property, and there were no institutional barriers to education or
employment. Women received equal pay for equal work. Societal
discrimination against women continued, however, and cultural mores
encouraged differential treatment for women. For example, in Yap State
women are prohibited from entering a meeting hall during men's
meetings. In Chuuk State women must bow in the presence of men during
formal meetings. Nonetheless, women were active and increasingly
successful in private business. There was an active national women's
advisory council that lobbied the Government. Additionally, several
small NGOs were interested in women's issues, particularly those
associated with family violence and abuse. The Women's Interest Section
of the Department of Health and Social Services worked to protect and
promote women's rights.
Children.--The Government was committed to children's welfare
through its programs of health care and education, but these programs
were inadequate to meet the needs of the population. The problem was
exacerbated in an environment in which the traditional extended family
unit was losing its importance.
Although a compulsory education law requires all children to begin
school at age six, not all did so. A shortage of qualified teachers and
lack of textbooks hampered progress. Children were permitted to leave
school when they reached the age of 14 or after completing the eighth
grade.
Child abuse is against the law, although the constitution provides
for a right of parental discipline. Crime statistics indicated no
complaints of, or arrests for, child abuse during the year, but
cultural attitudes regarding parental discipline limited the reporting
of abuse. There were some anecdotal reports of child abuse and neglect.
Trafficking in Persons.--National and state laws do not
specifically prohibit trafficking in persons. During the year a court
in Guam convicted the owners of a local bar and their Chuukese
accomplices for conspiracy to commit sex trafficking and enticement to
travel for the purpose of prostitution. The bar owners admitted that
they had recruited at least nine women from Chuuk to work as
prostitutes from 2005 to 2007. Most local law enforcement officials
believed that the case was isolated, reflecting economic problems in
Chuuk, and that trafficking was not endemic in the country.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination in
public service employment against persons with disabilities. Children
with physical or mental disabilities, including learning disabilities,
were provided with special education, including instruction at home if
necessary; however, such classes were dependent on foreign funding.
There were no reports of discrimination against persons with
disabilities in employment, access to health care, or provision of
other state services; however, persons with disabilities usually did
not seek employment outside the home.
Neither laws nor regulations mandate accessibility to public
buildings or services for persons with disabilities. The national
Health Services Department is responsible for protecting the rights of
persons with disabilities.
Due to a lack of facilities for treating mentally ill persons, some
persons with mental illnesses but no criminal background were housed in
jails. The authorities provided separate rooms in jails for persons
suffering from mental illness, and state health departments provided
medications.
National/Racial/Ethnic Minorities.--Each of the country's four
states has a different language and culture. Traditionally the state of
Yap had a caste-like social system with high-status villages, each of
which had an affiliated low-status village. In the past those who came
from low-status villages worked without pay for those with higher
status. In exchange those with higher status offered care and
protection to those subservient to them. The traditional hierarchical
social system has been gradually breaking down, and capable people from
low-status villages could rise to senior positions in society.
Nonetheless, the traditional system continued to affect contemporary
life. Persons from low-status backgrounds tended to be less assertive
in advocating for their communities' needs with the Government. As a
result, low-status communities sometimes continued to be underserved.
The national and state constitutions prohibit noncitizens from
purchasing land, and a 2002 law continued to limit the occupations that
noncitizens could fill. The national Congress granted citizenship to
non--Micronesians only in rare cases. There is no permanent residency
status. For the most part, however, noncitizens shared fully in the
social and cultural life of the country.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination against homosexuals or persons with
HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--Although the law does not
specifically provide for the right of workers to join a union, under
the constitution citizens have the right to form or join associations,
and national government employees by law can form associations to
``present their views'' to the Government without coercion,
discrimination, or reprisals. No workers, including foreign workers,
were prohibited from joining unions, but for a variety of reasons--
including the fact that most private-sector employment was in small-
scale, family-owned businesses and citizens were not accustomed to
collective bargaining--there were no unions.
There is no specific right to strike, but no law prohibits strikes.
b. The Right to Organize and Bargain Collectively.--No law deals
specifically with trade unions or with the right to collective
bargaining. Since there were no unions, there were no reports of
collective bargaining agreements during the year. Individual employers,
the largest of which were the national and state governments, set
wages.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, and there were no reports that
such practices occurred. The law does not specifically prohibit forced
and compulsory labor by children, but there were no reports that such
practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
National and state laws do not establish a minimum age for employment
of children. In practice there was no employment of children for wages,
but children often assisted their families in subsistence farming and
in family-owned shops.
e. Acceptable Conditions of Work.--The minimum hourly wage for
employment with the national government was $2.64. All states had a
minimum hourly wage for government workers: $2.00 in Pohnpei, $1.25 in
Chuuk, $1.49 in Kosrae, and $1.60 in Yap. Only Pohnpei had a minimum
wage for private sector workers: $1.35 per hour. These minimum wage
structures and the wages customarily paid to skilled workers were
sufficient to provide a decent standard of living for a worker and
family. The minimum wage was enforced through the tax system, and this
mechanism was believed to be effective.
There are no laws regulating hours of work (although a 40-hour
workweek was standard practice) or prescribing standards of
occupational safety and health. A federal regulation requires that
employers provide a safe workplace, but the Department of Health had no
enforcement capability, and working conditions varied in practice.
There is no law for either the public or private sector that permits
workers to remove themselves from dangerous work situations without
jeopardy to their continued employment.
Foreign workers were not subjected to abuse or deported without
cause. They have the right to a hearing if facing deportation.
Working conditions aboard some Chinese-owned fishing vessels
operating in the country's waters were very poor. Crewmen reported a
high incidence of injuries, beatings by officers, and nonpayment of
salary.
__________
MONGOLIA
Mongolia, with a population of approximately three million, is a
multiparty, parliamentary democracy. In the June parliamentary
elections, the Mongolian People's Revolutionary Party (MPRP) increased
its majority, and the minority Democratic Party (DP) also gained seats,
while the smaller parties fared poorly under the newly instituted
electoral system of multiseat constituencies. Independent observers
considered the elections generally free and fair, with only minor
irregularities. Civilian authorities generally maintained effective
control of the security forces; however, in a few instances elements of
the security forces acted without civilian oversight.
The Government generally respected the human rights of its
citizens; however, the following human rights problems were noted:
alleged police involvement in the deaths and injuries of citizens
during the July 1 postelection protest; police abuse of prisoners and
detainees; impunity; poor conditions in detention centers; arbitrary
arrest, lengthy detention, and corruption within the judicial system;
continued refusal by some provinces to register Christian churches;
secrecy laws and a lack of transparency in government affairs; domestic
violence against women; international trafficking of persons; and child
prostitution.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
abuse by security forces likely caused some deaths.
On July 1, police allegedly shot and killed five persons and
injured hundreds of others during a protest initiated by opposition
party members accusing the MPRP of voter registration fraud that later
turned violent. Eleven police officers were arrested for their possible
role in the killings. At year's end the suspects were in detention, and
an investigation was pending.
On March 6, P. Ganbayar, a famous wrestler, died while in police
custody. A police officer was convicted in connection with his death
and sentenced to five years' imprisonment; press reports indicated that
several other police were possibly involved in his death.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, police,
especially in rural areas, occasionally beat prisoners and detainees.
The use of unnecessary force--particularly to obtain confessions--in
the arrest process reportedly was common.
Nongovernmental organizations (NGOs) claimed that guards or police
sometimes meted out cruel punishment to inmates at police stations,
prisons, and detention centers. The NGOs stated that some inmates were
burned with cigarettes, beaten with batons, or kicked in the shins with
steel-toed boots.
According to the National Human Rights Commission (NHRC), during
the year the Special Investigations Unit (SIU) of the State Prosecutor
General's Office (SPO) received 30 complaints from citizens against
police officers suspected of torture, of which 27 were dismissed and
three led to convictions. The NHRC stated that some incidents of
torture occurred during investigations but not during imprisonment. The
NHRC received five complaints against police and law enforcement
officers concerning beatings, abuse, and confessions through torture.
The five complaints were transferred to the SIU; none had resulted in
arrests or charges by year's end. According to an NHRC survey of 569
inmates, 94 percent declared that they had not faced torture,
discriminatory treatment, or abuse.
During the year the Government ended the practice of paying bonuses
to police for closing cases. Human rights organizations had argued that
the bonuses created an incentive for police to use abusive methods to
coerce quick confessions rather than fully investigate criminal
activity.
In contrast with 2007, there were no reports that military
superiors used force and humiliation against subordinates.
Prison and Detention Center Conditions.--Conditions in pretrial
detention and prison facilities generally were poor. Insufficient food,
heat, and medical care threatened the health and life of inmates.
However, NGOs reported that prison and detention center conditions
improved during the year, particularly with regard to food quality and
access to hot water. However, the food supply was often poor in the
latter months of the year due to high inflation and a limited budget
for prison administration. Overcrowding continued to be a problem,
especially at detention centers, where cells sometimes held eight
persons in a space intended for two or three. To address this problem,
the Government built new prison facilities at two sites, and another
detention facility was under construction at year's end.
Many inmates entered prison infected with tuberculosis (TB) or
contracted it in prison. The Government treated victims at prison,
detention center clinics, or the Government's TB hospital. Generally,
infected persons with active TB were isolated from the general prison
population. NGOs stated the overall TB situation at prisons and
detention centers improved slightly during the year.
At military prisons soldiers held in solitary confinement were
sometimes denied potable water, fed as infrequently as once a day, and
denied access to fresh air, according to the NHRC.
The NHRC monitored conditions at several prisons and a detention
center. Monitors from the diplomatic and human rights community had
limited access, and some monitors were accompanied by public servants
who forbade them to speak privately with inmates. Domestic and foreign
NGOs worked to improve conditions in prisons and detention centers.
Some provided clothing, food, books, English-language instruction, and
vocational training.
d. Arbitrary Arrest or Detention.--The law provides that no person
shall be arrested, detained, or deprived of liberty except by specified
procedures; however, arbitrary arrest and detention occurred, in
particular during the unrest that followed the June elections. General
public awareness of basic rights and judicial procedures, including
rights with regard to arrest and detention, was limited, especially in
rural areas.
Role of the Police and Security Apparatus.--Security forces are
under the jurisdiction of the Ministry of Defense (MOD), the Ministry
of Justice and Home Affairs (MOJHA), and the General Intelligence
Agency (GIA). The MOD oversees national defense and assists in
providing domestic emergency assistance and disaster relief, in support
of internal security forces. National police operate under the MOJHA,
as does the Border Force. The GIA, formerly the State Security Agency,
is responsible for both internal security and foreign intelligence
collection and operations. The GIA's civilian head reports directly to
the prime minister. The SPO supervises undercover activities of the
police and the intelligence agencies.
There was general agreement that corruption in law enforcement
agencies was endemic. The Anti--Corruption Agency, established in 2007,
reportedly investigated some police officers but did not make public
the results of any such investigations. There were no major changes to
prevent police from abusing detainees or punish those who did so.
However, the Government made efforts to improve the training and
professionalism of the security forces.
Laws and mechanisms to investigate police abuses remained
inadequate. The SIU investigates allegations of misconduct by law
enforcement personnel, prosecutors, and members of the judiciary.
During the year the SIU received 519 complaints against law enforcement
officials, opened cases on 170 of these complaints, refused to open a
case on 255 complaints, and transferred 71 complaints to other
agencies. The subjects of 64 percent of the complaints were police
officers, 14 percent were investigators, 8 percent were GIA officers,
and 3 percent were judges. According to the SIU, police frequently
blocked or impeded the work of its investigators, particularly when the
targets of investigation were high-ranking police officials.
Arrest and Detention.--A judge-issued warrant is required prior to
the arrest of a suspect; however, arrest without a warrant was believed
to be fairly common. A ``pressing circumstances'' exception allows
police to arrest suspects without obtaining a warrant, and this was
widely used.
Under the criminal code, police must request a court order to
continue holding a suspect after 24 hours. If permission is obtained,
police may hold suspects for up to 72 hours before a decision is made
to prosecute or release them. If a court order is not granted within 72
hours, the suspect must be released.
Detainees generally were informed promptly of the charges against
them. The maximum pretrial detention with a court order is 24 months;
an additional six months are allowed for particularly serious crimes
such as murder. Detainees are allowed prompt access to family members.
Detainees may be released on bail with the approval of a prosecutor.
A detainee has the right to a defense attorney during pretrial
detention and all subsequent stages of the legal process. If a
defendant cannot afford a private attorney, the Government must appoint
an attorney. Despite this legal provision, many detainees were unaware
of their right to a government-appointed attorney and did not assert
it. There was a shortage of public-funded and pro bono attorneys for
low-income defendants, particularly outside Ulaanbaatar. To address the
shortage, the Government, working with the UN Development Program,
placed an attorney in each of the provincial capitals and the districts
of Ulaanbaatar to provide free legal advice.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected this
provision in practice; however, corruption and outside influence were
problems. Bribery could contribute to getting a case dismissed or a
recommended sentence reduced, and blackmail and identity fraud were
also a source of corruption. During the year two misconduct cases were
opened against judges; at year's end the SIU was investigating one case
and had transferred the second to another agency.
The judiciary consists of district and provincial courts as well as
the Supreme Court and Constitutional Court. District courts primarily
hear routine criminal and civil cases, while more serious cases, such
as murder, rape, and grand larceny, are sent to the provincial courts.
Provincial courts also serve as the appeals court for lower court
decisions. The 17-member Supreme Court is the court of final appeal,
hearing appeals from lower courts and cases involving alleged
misconduct by high-level officials. The Constitutional Court, which is
separate from criminal courts, has sole jurisdiction over
constitutional questions.
The General Council of Courts, an administrative body within the
MOJHA, nominates candidates for vacancies on the courts; the president
has the power to approve or refuse such nominations. The council also
is charged with protecting the rights of judges and providing for the
independence of the judiciary.
Trial Procedures.--The law provides for the right to a fair public
trial by a judge. Juries are not used. Closed proceedings are permitted
in cases involving state secrets, rape cases involving minors, and
other cases as provided by law. Defendants may question witnesses,
present evidence, and appeal decisions. The law provides that
defendants are innocent until proven guilty.
Despite these provisions, trial procedures were often plagued by
legal inconsistencies. There was a shortage of state-provided defense
lawyers, and many defendants lacked adequate legal representation.
Confessions, many of which were coerced by police, were often relied
upon in convicting defendants.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Corruption and outside
influence were problems in the civil judicial system, and enforcement
of court orders was also a problem. Although victims of police abuse
were able by law to sue for actual damages, few were able to actually
claim compensation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. However, in 2007
the head of the GIA, with the knowledge and consent of the prime
minister, directed the monitoring and recording of telephone
conversations. The extent of such monitoring was unknown. Police
wiretaps must be approved by the SPO and can be conducted for up to two
weeks at a time.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. Government interference with licensing and indirect
intimidation of the press, particularly broadcast media, was evident.
During the July 1-4 state of emergency, only state-run public
television and radio were allowed to broadcast. All private television
and radio stations resumed normal operations thereafter, except those
with headquarters that had sustained damage during the riot.
A variety of newspapers and other publications represented both
major political parties and independent viewpoints. The MOJHA licensed
newspapers, television and radio broadcasters, and magazines. The media
law bans censorship of public information and any legislation that
would limit the freedom to publish and broadcast; however, perceived
self-censorship continued to be a problem. The Government monitored all
media for compliance with antiviolence, antipornography, antialcohol,
and tax laws.
Violence against journalists occurred during the July 1 events.
According to the NGO Globe International, six journalists were
assaulted, although it was not clear if the attackers were rioters,
police, or both. Globe indicated that no official investigation of
these attacks was conducted.
While there was no direct government censorship, the press alleged
indirect censorship in the form of government and political party
harassment, such as frequent libel complaints and tax audits. The law
places the burden of proof on the defendant in libel and slander cases.
Both libel and ``insult'' were criminal charges.
Observers stated that many newspapers were affiliated with
political parties or owned (fully or partly) by individuals affiliated
with political parties, and that this affiliation strongly influenced
the published reports. The observers also noted that underpaid
reporters frequently demanded payment to cover or fabricate a story.
Broadcast media were similarly not free of political interference.
A lack of transparency during the tendering process and lack of a fully
independent licensing authority inhibited fair competition for
broadcast frequency licenses and benefited those with political
connections. At the provincial level, local government control of the
licensing process similarly inhibited the development of independent
television stations.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
According to the Information and Communication Technology Agency, there
were 35 Internet service providers in the country, and all provinces
had Internet connectivity. Internet access continued to expand during
the year to remote areas as a result of government and private-sector
efforts.
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.
During the July 1-4 state of emergency, no public assembly was
allowed. Afterwards, several small groups protested unrelated matters
without incident.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
All NGOs, including religious groups, were required to register
with the MOJHA. Local assemblies approve applications at the local
level, and then MOJHA issues the registration once local approval is
obtained. Registration and reregistration were burdensome for religious
groups and could take years. The length and documentation requirements
of the process reportedly discouraged some organizations from applying.
Some provincial authorities reportedly used the registration process to
limit the number of places for religious worship; however, this
practice was not universal.
According to NGOs the Government's approval of places of worship
was not a straightforward process. No religious organization was
prevented from acquiring land on which to build a house of worship, but
to circumvent bureaucratic problems, in many cases land was first
acquired by an individual and then transferred to the organization
following construction of the house of worship. Some places of worship
avoided being authorized as such because of bureaucratic difficulties
and instead characterized themselves as a fitness center or a cultural
center. Eleven places of worship registered for the first time during
the year-six Christian and five Buddhist. No places of worship were
known to have been refused registration in Ulaanbaatar.
In Tov Province, near Ulaanbaatar, authorities continued routinely
to deny registration to churches. At year's end Tov authorities had not
made any public response, and no churches were registered there during
the year.
In contrast with 2007, there were no reports that the Government
monitored the Kazakh community for extremist or separatist activity.
The law does not prohibit proselytizing, but it forbids the use of
incentives, pressure, or ``deceptive methods'' to introduce religion.
Some Muslims complained that foreign (Christian) missionaries were
using material goods to attract poorer Muslims to church activities.
Societal Abuses and Discrimination.--Societal attitudes were
generally tolerant, and there was little overt or egregious
discrimination based on religion.
The number of resident Jews was very small, and there were no
reports of anti--Semitic acts during the year.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, asylum seekers, and
other persons of concern.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--Although the country is not a party to the
1951 UN Convention relating to the Status of Refugees and its laws do
not provide the granting of asylum or refugee status, the Government
provided protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened. In 2007 the
Government developed a system for providing protection to refugees,
referring to them as ``humanitarian cases'' rather than refugees.
During the year 335 such ``cases'' entered from China.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic elections held on the basis of universal suffrage. The law
limits the president to two four-year terms. Parliamentary and local
elections are held separately, also for four-year terms.
The law provides that the majority party in parliament, in
consultation with the president, shall appoint the prime minister. The
demarcation of powers between the president and the prime minister has
been the subject of several constitutional amendments and court
challenges. Members of parliament may serve as cabinet ministers. There
is no requirement that the prime minister or other ministers be a
member of parliament.
Elections and Political Participation.--Independent observers
described the June parliamentary elections and the October local
elections as generally free and fair. However, in several provinces and
city districts, the outcome of the June election was disputed in court.
One district in Ulaanbaatar had not resolved its dispute by the end of
the year, leaving one of its parliamentary seats vacant. The June
parliamentary elections increased the MPRP's majority. The minority DP
also gained seats, while the smaller parties fared poorly under the
newly instituted electoral system of multiseat constituencies. Local
elections occurred in October with only minor reports of irregularities
and no disorder. Three of the nine districts within Ulaanbaatar did not
obtain the minimum required voter turnout and were required to vote
again on November 30.
The potential for bias within the General Election Commission (GEC)
was a concern, particularly for smaller political parties. Six of the
nine commissioners belonged to the same party prior to becoming
commissioners and cancelling their memberships, as required. In
response to criticism of his handling of the parliamentary election
results, GEC leader Battulga submitted a resolution to parliament to
have the GEC resign en masse; however, parliament refused to consider
the resignations, and the GEC members retained their positions through
the end of the year.
Political parties could operate without restriction or outside
interference. There were 17 political parties registered with the
Supreme Court. No party disbanded or lost its registration during the
year.
There were no legal impediments to the participation of women or
minorities in government and politics, but their numbers remained
small. There were three women in the 76-member parliament. Two of the
15 cabinet ministers were women, as were seven of the 17 Supreme Court
justices. Women and women's organizations were vocal in local and
national politics and actively sought greater female representation in
government policymaking.
There were three ethnic Kazakhs serving in parliament. There were
no members of minorities serving in the cabinet or the Supreme Court.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
always implement the law effectively, and officials sometimes engaged
in corrupt practices with impunity. Corruption was perceived to be a
serious and continuing problem at all levels of government,
particularly within the police, judiciary, and customs service. Varying
degrees of corruption at most levels of government resulted in a
blurring of the lines between the public and private sectors. Conflicts
of interest were frequent. The problem was compounded by ineffective
governmental oversight bodies and media that frequently failed to
expose corruption.
The criminal code proscribes the acceptance of bribes by officials
and provides for fines or imprisonment of up to five years. It also
outlaws offering bribes to government officials. However, corruption-
related arrests and convictions were rare.
The Anti--Corruption Agency (ACA) was responsible for investigating
corruption cases. The ACA declared that nearly all of the country's
most senior officials had complied with the requirement to declare
their assets and income (and those of relatives, including spouses,
parents, children, and live-in siblings). The ACA is also required to
review the asset declarations of public servants, including police
officers and members of the military, and this was carried out in
practice.
Government and parliamentary decision making was not transparent,
and public legislative hearings were rare. Meetings of the standing
committees of parliament were not open to the press or the public.
General sessions of parliament were generally open to the public,
although not in all cases. The far-reaching State Secrets Law inhibited
freedom of information and government transparency while also
undermining accountability. The law also hinders citizen participation
in policy discussions and government oversight.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views.
With assistance from the UN Development Program, a local
representative in each provincial assembly monitored human rights
conditions, among other duties.
The NHRC is responsible for monitoring human rights abuses,
initiating and reviewing policy changes, and coordinating with human
rights NGOs. The NHRC consists of three senior civil servants nominated
by the president, the Supreme Court, and parliament for terms of six
years; it reports directly to parliament. In its reports the NHRC
repeatedly criticized the Government for abuses of the power of arrest
and detention, poor conditions in detention and prison facilities,
lengthy detentions without trial, and failure to implement laws related
to human rights.
The Government allowed midlevel civil servants to receive human
rights training through seminars, conferences, and lectures.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law states that ``no person shall be discriminated against on
the basis of ethnic origin, language, race, age, sex, social origin, or
status,'' and that ``men and women shall be equal in political,
economic, social, cultural fields, and family.'' The Government
generally enforced these provisions in practice.
Women.--Rape and domestic abuse are illegal; however, there is no
law specifically prohibiting spousal rape, and rape remained a problem.
During the year there were 189 such cases reported to the research
center of the Supreme Court. However, NGOs alleged that many rapes were
not reported and claimed that police procedures were stressful to
victims and tended to discourage reporting of the crime. Social stigma
also lowered the number of cases reported.
According to NGOs police referred for prosecution only a minority
of rape cases, largely claiming that there was insufficient evidence.
Post-rape medical examinations were available, and results were
occasionally used as evidence; however, such exams were not always
available in remote areas. NGOs stated that negative attitudes among
some police resulted in some cases not being referred to prosecutors.
The criminal code outlaws sexual intercourse through physical
violence (or threat of violence) and provides for sentences of up to
five years. If the victim is injured or tortured, or is a minor, the
penalty can reach five to 10 years. Such a crime inflicting death,
victimizing a child under 14 years of age, or committed by a recidivist
may result in imprisonment for 15 to 25 years or application of the
death penalty. Gang rape is punishable by death.
Domestic violence against women was a serious problem, particularly
among low-income rural families. The law requires the police to accept
and file complaints, visit the site of incidents, interrogate offenders
and witnesses, impose administrative criminal penalties, and bring
victims to refuge. It also provides for sanctions against offenders,
including expulsion from the home, prohibitions on the use of joint
property, prohibitions on meeting victims and on access to minors, and
compulsory training aimed at behavior modification. However, this level
of service was rarely provided because the police lacked sufficient
funding and, according to women's NGOs, often were reluctant to
intervene in what was viewed as an internal family matter.
There were no reliable statistics regarding the extent of domestic
abuse; however, the National Center Against Violence (NCAV) reported
that 32 persons were convicted of this offense during the year. The
NCAV stated that it received 405 requests for temporary shelter at its
five locations and provided psychological counseling to 278 victims and
legal counseling to 524 victims in Ulaanbaatar.
There was increasing public and media discussion of domestic
violence, including spousal and child abuse. However, victims were
reluctant to come forward, in order to avoid ``airing their family's
dirty laundry.'' A vast majority of the perpetrators were men.
Divorced women secured alimony payments under the family law, which
details the rights and responsibilities regarding alimony and
parenting. The former husband and wife evenly split property and assets
acquired during their marriage. However, women's activists said that
because businesses were usually registered under the husband's name,
ownership was increasingly transferred automatically to the former
husband.
Prostitution is illegal, as is public solicitation for prostitution
and organizing prostitution. Women's activists claimed that in
Ulaanbaatar there were hundreds of brothels posing as saunas, massage
parlors, and hotels. Some were occasionally raided by police. Some
women worked abroad in the sex trade; an unknown number of them were
trafficked.
There are no laws against sexual harassment. NGOs alleged there was
a lack of awareness within the society on what constituted
inappropriate behavior, making it difficult to gauge the actual extent
of the problem. An NHRC survey found that one of every two employed
women under the age of 35 identified herself as a victim of workplace
sexual harassment.
The law provides men and women with equal rights in all areas,
including equal pay for equal work and equal access to education. In
most cases these rights were enjoyed in practice. Women's activists
stated that in at least two areas-information technology and mining--
women were paid less than men for the same work.
Women represented approximately half of the workforce, and a
significant number were the primary wage earners for their families.
The law prohibits women from working in certain occupations that
require heavy labor or exposure to chemicals that could affect infant
and maternal health, and the Government effectively enforced these
provisions. Many women occupied midlevel positions in government and
business, and many were involved in the creation and management of new
trading and manufacturing businesses.
There was no separate government agency to oversee women's rights;
however, there was the National Gender Center under the Prime
Minister's Office, a national council to coordinate policy and women's
interests among ministries and NGOs, and a division for women and youth
issues within the Ministry of Social Welfare and Labor. There were
approximately 40 women's rights groups concerned with issues such as
maternal and child health, domestic violence, and equal opportunity.
Children.--The Government remained committed to children's rights
and welfare, although lacked the capacity to keep pace with the
educational, health, and social needs of this rapidly growing segment
of the population. The Government provided children with compulsory,
free, and universal public education through the age of 18; however,
family economic needs and state budgetary troubles made it difficult
for some children to attend school.
Child abuse took two main forms: violence and sexual abuse.
According to the Governmental National Center for Children (NCC), both
problems were most likely to occur within families.
Commercial sexual exploitation of children--involving those under
18 years of age--was a problem. According to the Gender Equality Center
there were instances of teenage girls kidnapped in Ulaanbaatar and
forced to work as prostitutes. Police raids freed some victims;
however, NGOs claimed other police officers worked with procurers and
brothel keepers.
Although society has a long tradition of raising children in a
communal manner, societal and familial changes orphaned many children.
Child abandonment was a problem; other children were orphaned or ran
away from home as a result of abuse, much of it involving alcohol.
According to the NCC, there were 48 international and domestic
organizations working on children's issues. These organizations
typically operated two or three shelters. There were two government-
funded but privately owned and administered shelters, one for children
up to age three and the other for children ages three to 16.
Approximately 1,500 children lived in these shelters countrywide, while
60 children were estimated to be living on the street.
Trafficking in Persons.--The law specifically prohibits the ``sale
or purchase of humans'' and provides for imprisonment of up to three
years, or in egregious cases, up to 15 years; however, it does not
cover the recruitment, transportation, or harboring of trafficking
victims, and the country remained a source of internal and
transnational trafficking. In some cases trafficking was carried out
for sexual and labor exploitation.
According to a 2006 NGO study, women between 19 and 35 years of age
were most vulnerable to trafficking, particularly those with low
incomes or unemployed. Most victims worked abroad in commercial sexual
exploitation, often in China, to which citizens can travel without
visas. However, cases in destinations such as South Korea, Japan,
Malaysia, Turkey, and Switzerland were alleged or confirmed. Local NGOs
cited an increase in internal sex trafficking, including cases in which
girls ages 15 to 17 were abducted, transported to a hotel, and forced
into prostitution. The Gender Equality Center operated a trafficking
hot line that received 1,500 calls during the year and provided
information and counseling to 700 persons. The center and other NGOs
also helped Mongolians who had ended up in debt-bondage situations
abroad. There were also reports of involuntary servitude by Mongolian
women who entered into foreign marriages, largely with South Korean
men.
The criminal code provides for three years' imprisonment, fines, or
forced labor for a person convicted of the sale or purchase of humans.
The sentence can reach 10 years if the crime is committed against a
minor or against two or more persons, or if it is for the purpose of
forced prostitution. If the same crime is committed by an organized
criminal organization or inflicted ``grave harm,'' it can be punishable
with a prison term of 10 to 15 years. During the year police opened
nine trafficking cases, one of which resulted in a conviction and one a
dismissal; the others remained open.
The Government took steps to prevent trafficking, identify and
prosecute offenders, and assist victims. During the year the
International Organization for Migration (IOM) and other NGOs provided
trafficking-related training to immigration officials, police
investigators, prosecutors, railway police, GIA officials, and
officials of the Ministries of Foreign Affairs and Social Welfare and
Labor, among others. In addition foreign law enforcement experts
trained local police on techniques for investigating trafficking and
developing cases. During the year 58 trafficking victims located abroad
were repatriated. According to government officials, 41 of these
victims were repatriated due to cooperation between the Criminal Police
Office, State Investigation Office, police office in Zamiin--Uud County
on the Chinese border, and Gender Equity Center.
During the year the country became a party to the Palermo Protocol
to Prevent, Suppress, and Punish Trafficking in Persons, especially
Women and Children, and joined the IOM. In February parliament passed
amendments to the criminal code that expanded the range of acts
considered as trafficking and increased penalties. Enforcement also
improved; the attorney general created the Office for the Prosecution
of Trafficking and Corruption to handle the increase in victims
requesting assistance. Prosecutors increasingly chose to file
trafficking charges under the robust Article 113 of the criminal code
rather than under Article 124, Organized Prostitution, which carries
lighter sentences.
NGO representatives reported that protections for victims and
witnesses were extremely limited. Social stigma inhibited victims from
telling their stories. However, during the year the Gender Equity
Center opened the first shelter in the country for the protection of
trafficking victims.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The labor law prohibits discrimination
in employment and education against persons with disabilities. The Law
on Social Protection of the Disabled gives provincial governors and the
Ulaanbaatar governor the responsibility to implement measures to
protect the rights of persons with disabilities. However, NGOs claimed
that the Government did little to execute such measures, and in
practice most persons with disabilities faced significant barriers to
employment, education, and participation in public life.
According to the National Statistics Office, only one in four
persons with disabilities was employed. The Government provided tax
benefits to enterprises that hired persons with disabilities, whom some
firms hired exclusively. Persons injured in industrial accidents had
the right to reemployment when ready to resume work, and the Government
offered free retraining at a central technical school.
There is no general law mandating access to buildings for persons
with disabilities, and no government buildings were accessible to such
persons. Public transportation was also largely inaccessible to persons
with impaired mobility. In 2007 the NHRC reported that 60 percent of
children with disabilities had never visited a cultural institution due
to lack of accessibility, inadequate transportation, or other barriers.
There were several specialized schools for youth with disabilities,
but these students could also attend regular schools. However, in
practice children with disabilities had limited access to education.
The Mongolian National Federation of Disabled Persons' Organizations
(MNFDPO) estimated that of the country's 42,000 children with
disabilities, nearly two-thirds failed to complete secondary education.
Schools for the disabled could accommodate only 2,200 children.
The law requires the Government to provide benefits according to
the nature and severity of the disability. Although the Government
generally provided such benefits, the amount of financial assistance
was low, and it did not reach all persons with disabilities. According
to the MNFDPO, approximately 42,000 persons received an allowance from
the Government's Social Welfare Fund, and 46,000 persons received
allowances from the Social Insurance Fund. The remaining 20,000 persons
with disabilities were unable to draw an allowance from the Government.
Persons with disabilities could not fully participate in the
political process. Little accommodation was made for persons with
disabilities at polling stations, and there were no such
representatives in parliament. According to an MNFDPO survey, 80
percent of all eligible voters with disabilities voted by guessing,
since they were not able to obtain adequate information about
candidates or their parties' platforms. Persons with sight and hearing
disabilities also had difficulty remaining informed about public
affairs due to a lack of accessible broadcast media.
During the year the MNFDPO worked with the Government to encourage
vocational education centers to work with disabled children so that
they could eventually be capable of running small businesses. There was
one such business incubator under MNFDPO located in Ulaanbaatar.
National/Racial/Ethnic Minorities.--The constitution states that
``all persons lawfully residing within Mongolia are equal before the
law and the courts.'' However, some foreign businesspersons resident in
the country complained that government tax and licensing authorities
subjected them to much greater scrutiny than domestic competitors.
Other foreign entrepreneurs complained privately that they were
disproportionately targeted for shakedowns by corrupt government
officials, including police.
A small number of nationalist and xenophobic groups threatened
Chinese residents' personal safety and businesses, as well as the
safety of any Mongolian women who associated with Chinese men. During
the year there were several credible reports of violence against
Chinese residents. The Government took steps to protect the rights of
Chinese residents. The frequency of such attacks fell during the year
compared with 2007.
Chinese construction workers, when away from their work sites, were
sometimes subjected to hostility and suspicion from host-country
citizens. However, during the year the inflammatory media reporting
that increased the scrutiny of Chinese workers in the past was less
evident. The Chinese government's decision not to require visas of
Mongolians in the period preceding the Olympics also generated
favorable press reports and good will.
Other Societal Abuses and Discrimination.--Homosexuality is not
specifically proscribed by law. However, Amnesty International and the
International Lesbian and Gay Association criticized a section of the
penal code that refers to ``immoral gratification of sexual desires,''
arguing that it could be used against homosexuals. Homosexuals reported
harassment by police but remained divided over the overall level of
societal discrimination.
There was no official discrimination against those with HIV/AIDS;
however, some societal discrimination existed.
Section 6. Worker Rights
a. The Right of Association.--The law entitles all workers to form
or join unions and professional organizations of their choosing, and
the Government respected this right in practice. However, some legal
provisions restrict these rights for groups such as foreign workers,
public servants, and workers without employment contracts.
Union officials estimated that union membership declined from
220,000 in 2007 to 209,000 during the year, representing approximately
one-quarter of the workforce. Approximately 400,000 workers were self-
employed; such persons or those who worked at small firms generally did
not belong to unions. No arbitrary restrictions limited who could be a
union official, and officers were elected by secret ballot.
The law provides for the right to strike, but the Confederation of
Mongolian Trade Unions reported there were no strikes during the year.
However, the confederation organized nationwide demonstrations in April
and September to call for government action against inflation, a higher
minimum wage, and improvements to the social insurance system.
If an employer fails to comply with a recommendation by a majority
of workers, with union involvement or without, employees may exercise
their right to strike. The Government prohibits third parties from
organizing a strike.
Persons employed in essential services, which the Government
defines as occupations critical for national defense and safety,
including police, utility, and transportation, do not have the right to
strike.
b. The Right to Organize and Bargain Collectively.--The law
regulates relations among employers, employees, trade unions, and the
Government. The Government's role is limited to ensuring that contracts
meet legal requirements concerning hours and conditions of work. Wages
and other conditions of employment are set between employers, whether
state or private, and employees, with trade union input in some cases.
The Labor Dispute Settlement Commission resolves disputes involving an
individual; disputes involving groups were referred to intermediaries
and arbitrators for reconciliation.
The law protects the right of workers to participate in trade union
activities without discrimination. However, the Government does not
allow intervention in collective bargaining by third parties.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law specifically
prohibits forced or compulsory labor, including by children; however,
there were isolated reports that such practices occurred.
The NHRC stated that military officials reportedly subjected
subordinates to forced labor, such as cutting firewood, digging
ditches, or working at construction sites owned by the superiors'
friends or relatives.
An unknown number of North Korean laborers were employed in the
country, and there was concern that some North Korean workers were not
free to leave their employment or complain about unacceptable work
conditions. Possible pressure on family members in North Korea raised
additional concerns that the labor of these workers was not fully
voluntary.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits children under the age of 16 from working, although those
who are 14 or 15 years of age may work up to 30 hours per week with
parental consent. Those under age 18 may not work at night, engage in
arduous work, or work in hazardous occupations such as mining and
construction. Labor inspectors assigned to regional and local offices
were responsible for enforcement of these prohibitions, as well as all
other labor regulations. These inspectors have the authority to compel
immediate compliance with labor legislation, but enforcement was
limited, due to the small number of labor inspectors and the growing
number of independent enterprises.
Children worked informally in petty trade, scavenging in dumpsites,
in unauthorized small-scale mining, and herding animals. Widespread
alcoholism and parental abandonment made it necessary for many children
to have an income to support themselves. An NCC report placed the
number of children in the labor force as high as 65,000, although up to
90 percent of these children were involved in traditional animal
husbandry, while only 1 percent was estimated to be involved in mining.
International organizations continued to voice concern over child
jockeys in horse racing. According to the NHRC reports, more than
30,000 child jockeys competed in horse races each year. Children
commonly learn to ride horses at age four or five, and young children
traditionally serve as jockeys during the national Naadam festival,
where horse races range from two to nearly 20 miles.
In addition to the Naadam festival, human rights groups expressed
concern over the rise and proliferation of commercial horse racing
involving child jockeys. Such races often occurred during the winter,
when temperatures average minus 13 degrees Fahrenheit.
e. Acceptable Conditions of Work.--The legal minimum wage rose in
January from 90,000 tugrik (approximately $76) per month to nearly
108,000 tugrik ($94). This minimum wage, which applied to both public
and private sector workers and was enforced by the Labor Ministry, did
not provide a decent standard of living for a worker and family. Some
workers received less than the minimum wage, particularly at smaller
companies in rural areas.
The standard legal workweek is 40 hours, and there is a minimum
rest period of 48 hours between workweeks. For persons 14 and 15 years
of age, the workweek is 30 hours; for those 16 and 17 years of age, it
is 36 hours. By law overtime work is compensated at either double the
standard hourly rate or by giving time off equal to the number of hours
of overtime worked. Pregnant women and nursing mothers are prohibited
from working overtime by law. These laws generally were enforced in
practice.
There is no law mandating sick leave for workers. According to the
Government, employers set their own rules in this regard.
Laws on labor, cooperatives, and enterprises set occupational
health and safety standards; however, enforcement of the standards was
inadequate. The near-total reliance on outmoded machinery and problems
with maintenance and management led to frequent industrial accidents,
particularly in the mining, power, and construction sectors. According
to the National Confederation of Mongolian Trade Unions, 50 to 60
workers died each year in work-related accidents. Workers have the
right to remove themselves from situations that endanger health or
safety without jeopardy to their employment, and authorities enforced
this right.
Foreign workers, a majority of whom were Chinese construction
workers, generally enjoyed the same protections as citizens, despite
often working in low-wage jobs and living under Spartan conditions.
However, the Ministry of Social Welfare and Labor did not monitor the
working or living conditions of an unknown number of North Korean
laborers, who were employed primarily in the construction and service
industries.
__________
NAURU
Nauru is a constitutional republic with a population of
approximately 10,700. The most recent parliamentary elections, held on
April 26, were generally free and fair. There were no formal political
parties. The unicameral parliament elects one of its members to be the
president, who is both chief of state and head of government. Marcus
Stephen has served as president since December 2007. Civilian
authorities generally maintained effective control of the security
forces.
The Government generally respected the human rights of its
citizens, and the law and judiciary provide effective means of
addressing individual instances of abuse. Few human rights problems
were reported.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and there were
no reports that government officials employed them.
Prison and Detention Center Conditions.--The country's only prison
generally met international standards but was damaged by fire in March.
The Government undertook repairs, which were continuing at year's end.
After the fire inmates were moved to makeshift accommodations on the
prison grounds but subsequently were moved back into the prison
building.
The Government affirmed it would permit visits by independent human
rights observers, but none were reported. Prison visits by church
groups and family members were permitted.
In February Australia transferred out of Nauru all remaining
detainees at the refugee processing and detention center that had
operated in Nauru since 2001 and in March closed the center.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police, and the Government has
effective mechanisms to investigate and punish abuse and corruption.
There were no reports of impunity involving the security forces during
the year.
Arrest and Detention.--Arrests are made openly, based either on
warrants issued by authorized officials or for proximate cause by a
police officer witnessing a crime. Police may hold a person for no more
than 24 hours without a hearing before a magistrate. There was a
functioning bail system. The law provides for accused persons to have
access to legal assistance, but in practice qualified assistance was
not always readily available. Detainees were allowed prompt access to
family members.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Procedural safeguards are based on English common law. They include the
presumption of innocence; the right to be informed promptly of charges;
a guarantee of adequate time and facilities to prepare a defense; the
right to confront witnesses, present evidence, and appeal convictions;
the right to trial by jury; and a prohibition on double jeopardy and
forced self-incrimination. Trials are public, defendants have the right
to legal counsel, and a representative for the defense is appointed at
public expense when required ``in the interest of justice.'' Bail and
traditional reconciliation mechanisms rather than the formal legal
process were used in many cases, usually by choice but sometimes under
communal pressure. These rights were extended to all citizens without
exception.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, including access to a court
to bring lawsuits seeking damages for, or cessation of, human rights
violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of ``expression,'' and the Government generally respected
freedom of speech and of the press in practice.
Although there were no government restrictions, there were few
local independent media.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
Societal Abuses and Discrimination.--The relationships among
religions generally were amicable, although there was a degree of
societal intolerance toward religions other than established Christian
denominations. There was no known Jewish community, and there were no
reports of anti--Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Neither the constitution nor law
specifically provides for freedom of movement within the country,
foreign travel, emigration, and repatriation, but the Government
generally respected these rights in practice. The Government cooperated
with the Office of the UN High Commissioner for Refugees and other
humanitarian organizations in providing protection and assistance to
internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
Neither the constitution nor law prohibits forced exile; however,
the Government did not use it.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol; the country
is a party to neither. Although the Government has not established a
system for providing protection to refugees, under its 2001 agreement
with Australia establishing refugee processing centers, the country
undertook not to return refugees to countries where their lives or
freedom would be threatened. The Government did not accept refugees for
resettlement, nor did it grant refugee status or asylum. In March,
after transferring the remaining detainees to Australia, Australia
closed its refugee processing and detention center on Nauru.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--In April President Marcus
Stephen called new parliamentary elections for April 26 in an effort to
break a parliamentary deadlock between government and opposition
members of Parliament (MPs). Following the elections, in which three
opposition MPs lost their seats, Parliament reelected Stephen as
president. Multiple candidates stood for all parliamentary seats in
each of the country's eight constituencies. Political parties could
operate without restriction or outside interference, but there were no
formal parties.
Independent election observers concluded that the April elections
were credible, with voters able to freely exercise their will.
There are no legal impediments to participation in politics by
women, but in general women traditionally have been less prominent in
politics than men. Four women stood as candidates in the April
parliamentary elections, but none were elected. Women held some senior
civil service positions, including the head of the civil service and
the presidential counsel.
There were no members of minorities in the 18-member Parliament or
the cabinet.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, but there are no financial
disclosure laws or specific government agencies responsible for
combating government corruption. There were some allegations of
government corruption during the year.
In March the Government stated that the police were investigating
accusations that former finance and foreign minister David Adeang was
involved with Asian businessmen who allegedly had sold Nauran
passports. By year's end the police indicated that they had found no
improprieties.
There are no legal provisions providing for public access to
government information, and the Government did not freely provide such
access. An independent team observing the 2007 parliamentary elections
commented on the lack of public access to information relating to major
election issues and noted no improvement with respect to voter
education during the April 2008 elections.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government did not restrict establishment of local human rights
organizations, but no such groups existed. The Government worked
harmoniously with the International Organization for Migration, which
comanaged the refugee processing center with Australian authorities
until the center closed.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination on the basis of race,
place of origin, color, creed, or sex, and the Government generally
observed these provisions.
Women.--Rape is a crime punishable by up to life imprisonment.
However, there was no information regarding the extent of rape or
domestic violence. Police investigated all reports of rape thoroughly,
and cases were vigorously prosecuted by the courts. Spousal rape is not
specifically identified as a crime, but police investigated and filed
charges when allegations of rape were made against a spouse.
The Government kept no statistics on the incidence of physical and
domestic abuse against women. However, credible reports indicated that
sporadic abuse occurred, often aggravated by alcohol use. Families
normally sought to reconcile such problems informally and, if
necessary, communally. The police and judiciary treated major incidents
and unresolved family disputes seriously.
Prostitution is illegal, and there were no reports of such activity
during the year.
Some forms of sexual harassment are crimes, but sexual harassment
was not a serious problem.
The law grants women the same freedoms and protections as men. The
Government officially provides equal opportunities in education and
employment, and women may own property and pursue private interests.
However, in practice societal pressures and the country's impoverished
economic circumstances often limited opportunities for women to
exercise these rights fully. The Women's Affairs Office was responsible
for promoting professional opportunities for women.
Children.--Government resources for education and health care for
children were severely constrained by the country's economic crisis.
Child abuse statistics were not compiled, and there were no
reported cases of child abuse or child prostitution during the year.
However, anecdotal evidence indicated that abuse occurred.
Trafficking in Persons.--The constitution and law do not prohibit
trafficking in persons, but there were no reports that persons were
trafficked to, from, through, or within the country.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law does not specifically prohibit
discrimination against persons with disabilities. Nonetheless, there
was no reported discrimination against persons with disabilities in
employment, education, access to health care, or the provision of other
state services. No legislation mandates services for persons with
disabilities or access to public buildings. Department of Education
teachers provided rudimentary schooling for a small group of students
with disabilities, holding classes in a teacher's home, as no classroom
was available.
There is no government agency with specific responsibility for
protecting the rights of persons with disabilities. There are no formal
mechanisms to protect persons with mental disabilities.
National/Racial/Ethnic Minorities.--Ethnic Chinese composed
approximately 5 percent of the population. A pattern of petty theft,
property damage, and assault directed at the ethnic Chinese community
continued during the year. Police attributed most attacks on ethnic
Chinese to economic motivations and noted a general trend of theft-
related attacks on the country's few private businesses, such as stores
and restaurants.
Other Societal Abuses and Discrimination.--Sodomy is illegal, but
there were no reports of prosecutions under this provision. There were
no reports of violence or discrimination against homosexuals.
There were no reports of violence or discrimination against persons
with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The constitution provides for the
right of citizens to form and belong to trade unions or other
associations. However, the country has virtually no labor laws, nor
does it have any formal trade unions. Historically, the transient
nature of the mostly foreign workforce hampered efforts to organize
trade unions.
The right to strike is not protected, prohibited, or limited by
law.
b. The Right to Organize and Bargain Collectively.--Although there
were no legal impediments, collective bargaining did not take place. A
tiny private sector, mostly family-run stores and restaurants, employed
approximately 1 percent of salaried workers. Salaries, working hours,
vacation periods, and other employment matters for government workers
are governed by public service regulations.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, and there were no reports that
such practices occurred. Although the law does not specifically mention
forced or compulsory labor by children, there were no reports that such
practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age of employment at 17. The Department of Human
Resources and Labour is responsible for enforcing the law, which was
respected by the only two significant employers--the Government and the
phosphate industry. Some children under 17 worked in small, family-
owned businesses.
e. Acceptable Conditions of Work.--The Government raised wages and
implemented a graduated salary system for public service officers and
employees in July 2007. At lower ranges the salaries did not provide a
decent standard of living for a worker and family. There was no minimum
wage for private-sector workers.
By regulation the workweek in both the public and private sectors
was 35 hours for office workers and 40 hours for manual laborers.
Neither the law nor regulations stipulate a weekly rest period;
however, most workers observed Saturdays and Sundays as holidays. There
were provisions for premium overtime pay only for public-sector
workers.
The Government sets some health and safety standards, which the
Department of Human Resources and Labour is responsible for enforcing.
The phosphate industry had a history of workplace health and safety
requirements and compliance, but with the decline of the industry,
enforcement of these regulations was lax. A gradual revival of the
industry during the year was accompanied by accusations that unfiltered
dust discharge from the phosphate plant exposed workers and the
surrounding communities to a significant health hazard. The Government
did not act to eliminate the problem, citing high costs. Workers have
the right to remove themselves from situations that endanger health or
safety without jeopardy to their employment.
__________
NEW ZEALAND
New Zealand is a parliamentary democracy with a population of 4.26
million. Citizens periodically choose their representatives in free and
fair multiparty elections, most recently held in November. The National
Party won 58 parliamentary seats and formed a minority coalition
government; John Key became the new prime minister. Civilian
authorities generally maintained effective control of the security
forces.
The Government generally respected the human rights of its
citizens, and the law and judiciary provide effective means of
addressing individual instances of abuse. There were disproportionate
societal problems for indigenous people.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and 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.
In June a jury acquitted four police officers of charges that they
used excessive force to subdue a prisoner in 2006. The Government had
charged the officers after a closed-circuit camera recorded the
officers using batons and pepper spray on the prisoner.
In an effort to avoid prison overcrowding, the Government continued
to apply more noncustodial sentences such as home and community
detention when the offender was considered not a significant risk to
public safety.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police, and the Government has
effective mechanisms to investigate and punish abuse and corruption.
There were no reports of impunity involving security forces during the
year.
Arrest and Detention.--A court-issued warrant is usually necessary
to make an arrest, but police may arrest a suspect without a warrant if
there is reasonable cause. Police officers may enter premises without a
warrant to arrest a person if they reasonably suspect the person of
committing a crime on the premises or have found the person committing
an offense and are in pursuit. Police must inform arrested persons
immediately of their legal rights and the grounds for their arrest.
After a suspect has been arrested and charged, police have the
power to release the person on bail until the first court appearance.
That bail ends at the first court appearance and is distinct from court
bail. Court bail is granted unless there is a significant risk that the
suspect would flee, tamper with witnesses or evidence, or commit a
crime while on bail. Police bail is not normally granted for more
serious offenses such as serious assault or burglary. Family members
were granted prompt access to detainees. Detainees were allowed prompt
access to a lawyer of their choice and, if indigent, to a lawyer
provided by the Government.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. Defendants
enjoy the rights found in other common-law jurisdictions, including a
presumption of innocence, a right to a jury trial, a right of appeal,
and the right to counsel, to question witnesses, and to access
government-held evidence. The law extends these rights to all citizens.
A lawyer is provided at public expense if the defendant cannot afford
counsel.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, which includes access to the
Human Rights Review Tribunal and other courts to bring lawsuits seeking
damages and other remedies for alleged human rights abuses. There are
also administrative remedies for alleged wrongs through the Human
Rights Commission (HRC) and the Office of Human Rights Proceedings.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press.
On October 10, the High Court ruled that the daily newspaper The
Dominion Post was not guilty of charges involving contempt of court and
publication of police surveillance material. Following the arrest of 20
persons in October 2007 on various weapons charges (see Section 5,
Indigenous People), the newspaper published excerpts from police
documents indicating that some of those arrested had discussed killing
government officials and attacking public facilities.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Internet access was widely available and used by citizens.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
Societal Abuses and Discrimination.--Relations among religions
generally were amicable, although there were isolated instances of
societal abuses or discrimination based on religious belief or
practice.
The Jewish community numbered approximately 10,000 persons. Anti--
Semitic incidents were rare.
The Government-funded HRC actively promoted religious tolerance.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
assisting refugees and asylum seekers.
There is no statutory authority for imposing a sentence of exile,
and the Government did not practice forced exile.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The Government granted refugee status or asylum. In practice
the Government provided protection against expulsion or return of
refugees to countries where their lives or freedom would be threatened.
The Government also provided temporary protection to individuals who
may not qualify under the definition of the 1951 convention and the
1967 protocol until their status was determined and action taken.
Bahareh Moradi, an Iranian citizen who entered the country with a
fraudulent passport in 2005, claimed refugee status based on her
conversion to Christianity. Moradi asserted that she would be punished,
perhaps with death, if she returned to Iran. Her request for refugee
status was denied by the Immigration Office in 2006. The Refugee Status
Appeals Authority questioned Moradi's religious conversion and declined
her appeal in 2007. In July the High Court rejected a subsequent
appeal. At year's end Moradi was subject to a deportation order and,
according to a media report, was in hiding.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.
Elections and Political Participation.--In the most recent general
elections, held in November, the National Party won 58 of 122
parliamentary seats and formed a minority government in coalition with
the ACT Party (five seats) and the United Future Party (one seat). The
National-led government also had a cooperation agreement with the Maori
Party (five seats). Three other parties were represented in parliament:
the Labour Party (43 seats), the Green Party (nine seats), and the
Progressive Party (one seat).
Women participated fully in political life. There were 41 women in
parliament. There were eight women on the executive council, which
comprises 28 ministers (20 within the cabinet and eight outside the
cabinet). The chief justice of the Supreme Court was a woman. There
were three women in the 25-seat parliament of the Associated State of
the Cook Islands and four women in the 20-seat parliament of the
Associated State of Niue.
Seven seats in parliament are reserved for persons of Maori
ancestry. The number of Maori seats is adjusted every five years, based
on the number of persons who register to vote on the Maori electoral
roll. Persons of Maori ancestry can also become members of parliament
by election or appointment to non--Maori conventional seats in
parliament.
Following the November election, there were 20 Maori members, four
members of Pacific Island descent, and six members of Asian descent in
parliament. The cabinet included at least three members of Maori
ancestry.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. There were isolated reports of
government corruption during the year. Efforts to combat corruption and
prosecution of corruption cases are handled through the Ministry of
Justice and the independent Serious Fraud Office.
In May the director of the Immigration Service resigned following
commencement of an investigation into the improper granting of
immigrant visas to several of the director's family members.
In September the Minister of Foreign Affairs was temporarily
relieved of his responsibilities pending investigation into allegations
of providing misleading statements to parliament relating to the
financing of his election campaign. While the Serious Fraud Office
concluded that no fraud existed in the financing of the minister's
campaign, a parliamentary committee ruled that the minister was in
contempt of parliament for making misleading statements to the body.
The case of a member of parliament (MP) charged in 2007 with 37
criminal violations, including bribery, corruption, and perverting
justice, remained pending at year's end.
The law requires MPs, including all ministers, to submit an annual
report of their financial interests, which is then disclosed publicly.
Career civil servants are not subject to this requirement but are
subject to ethics standards established by the State Services
Commission.
The law provides for public access to government information to be
provided within 20 working days of a request. Information must be made
available unless a good reason, such as concern for national security,
exists for not doing so. The requester must be given an estimate of any
fees before the information is provided.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination on the basis of race, sex,
disability, age, and national or ethnic origin, and the Government
actively enforced it.
Women.--Violence against women affected all socioeconomic groups.
The law criminalizes rape, including spousal rape; the maximum penalty
is 20 years' imprisonment. From July 2007 through June 2008, police
recorded 2,364 ``sexual attacks,'' which resulted in 1,127
prosecutions. During the same period, the police recorded seven
offenses of spousal rape with four prosecutions, and six offenses of
unlawful sexual connection with a spouse and three prosecutions.
Assault by a male on a female is a nonsexual crime punishable by up
to two years' imprisonment (a penalty double that for a male-on-male or
a female-on-male assault, which carries a one-year maximum penalty). In
the 12-month period ending June 30, 5,372 persons were prosecuted for
assault by a male on a female. Of these prosecutions, 50 percent
involved Maori men, 30 percent men of European ancestry, and 14 percent
Pacific Islander men. Although only 15 percent of the total population
claimed Maori ancestry, during the 12-month period ending June 30, 42
percent of the 28,845 women and children who used the National
Collective of Independent Women's Refuges were Maori, 43 percent were
of European ancestry, and 8 percent were Pacific Islanders.
Crisis centers offering support services for victims of sexual
violence existed throughout the country and included centers focusing
specifically on Maori and Pacific Islanders.
The Government's Task Force for Action on Violence Within Families
continued to coordinate a variety of government initiatives to
eliminate family violence, including its Te Rito program, a national
strategy to address all forms and degrees of domestic violence.
Police were responsive when domestic violence was reported. The
Government partially funded women's shelters, rape crisis centers,
sexual abuse counseling, family violence networks, and violence
prevention services.
The 2003 Prostitution Reform Act (PRA) decriminalized prostitution
and created a certification regime for brothel operators. The act
prohibits persons under age 18 from working in the sex industry and
gives prostitutes the same workplace protections as given to workers in
other industries. The law also eliminates the defense (by clients,
brothel operators, and pimps, for example) of claiming ignorance that a
person engaged in commercial sexual activity was under age 18. The act
extends culpability to any person who receives financial gain from such
activity involving an underage person. The law prohibits sex tourism,
and citizens who commit child sex offenses overseas can be prosecuted
in New Zealand courts.
The PRA also established a statutory Prostitution Law Review
Committee (PLRC) to review the act during the course of the year. The
10-member PLRC consisted of representatives from local government, the
police, the public health industry, business, academia, nongovernmental
organizations (NGOs), and the sex industry. In May the PLRC published
its review of the PRA, in which it recommended continued monitoring and
advocacy within the sex industry, support for sex workers seeking
alternatives to street work, and enhancements at national and local
government levels regarding safety and compliance measures.
The law prohibits sexual harassment. Sexual harassment in violation
of the Employment Relations Act or the Human Rights Act carries civil
penalties. However, sexual contact induced by certain threats may also
fall under the criminal code, with a maximum 14-year prison sentence.
The HRC published fact sheets on sexual harassment and made sexual
harassment prevention training available to schools, businesses, and
government departments on a regular basis.
The Ministry of Women's Affairs addresses problems of
discrimination and gender equality, and there is a minister of women's
affairs in the cabinet. While the law prohibits discrimination in
employment and in rates of pay for equal or similar work, the
Government acknowledged that a gender earnings gap persisted in
practice. According to June figures, women earned 88 percent of the
average hourly earnings for men. A unit within the Department of Labour
dedicated to this problem administered an annual fund of one million NZ
dollars (approximately $600,000) supporting employer and union
initiatives to promote pay and employment equity.
Children.--The law provides specific safeguards for children's
rights and protection. The Government demonstrated its commitment to
children's rights and welfare through its well-funded systems of public
education and medical care.
Child abuse continued to be of concern to the Government. The
Government promoted information sharing between the courts and health
and child protection agencies to identify children at risk of abuse.
From July 2007 through June 2008 there were 24,034 applications to
Family Court for guardianship and parenting orders under the Care of
Children Act and 4,490 applications for protection orders under the
Domestic Violence Act. During the same period, there were 1,328 cases
of assaults on children reported to police, with 661 prosecutions. The
Office of the Commissioner for Children played a key role in monitoring
violence and abuse against children. Cases of child abuse and neglect
increased over previous years, but according to the Ministry of Justice
it was unclear whether this trend reflected higher levels of abuse and
neglect, or whether lower community tolerance stimulated increased
reporting.
Illegal commercial sexual exploitation of children remained a
problem. When discovered, law enforcement authorities arrested and
prosecuted the violators.
In January police removed 16 young individuals from the streets
during an undercover operation to crack down on the use of young
persons in prostitution. Police charged two adults with being the
client of a person under 18 years engaged in prostitution and one for
sexual connection with a person under 16 years. The 16 individuals were
either returned to their parents or placed in the care of Child, Youth,
and Family Services.
In November authorities charged a New Plymouth brothel owner with
several offenses relating to his employment of a 15-year-old girl as a
prostitute during a six-month period in 2005. The charges remained
pending at year's end.
There were developments in two 2007 prosecutions involving the use
of underage prostitutes in Christchurch. In February a defendant
accused of ``using persons under 18 years of age'' (a 14-year-old girl
and a 16-year-old girl) to provide sexual services in his brothel in
2005 was sentenced to one year of home detention. In March another
defendant was sentenced to 27 months in prison for facilitating and
assisting in the hiring of an underage prostitute. Two other 2007
prosecutions in Christchurch relating to underage prostitution remained
pending at year's end.
In July a Christchurch brothel owner was charged with exploiting
underage girls in prostitution. The two girls, ages 16 and 17, worked
at the brothel for more than a year. This was the first occasion that
prosecutors applied the law banning sexual slavery, adopted in 2006 in
accordance with the UN Convention on the Rights of the Child. At year's
end the case was pending.
In December the Tauranga District Court sentenced a 19-year-old Bay
of Plenty man to 27 months' imprisonment for assisting and receiving
earnings from his 15-year-old girlfriend, who engaged in prostitution
in 2006 and 2007.
The Government had a national plan of action against the commercial
exploitation of children developed in concert with NGOs, and it
operated programs to reintegrate children out of prostitution through
vocational training and educational opportunities.
The Department of Internal Affairs' Censorship Compliance Unit
actively policed images of child sex abuse on the Internet and
prosecuted offenders. The Government maintains extraterritorial
jurisdiction over child sex offenses committed by the country's
citizens abroad.
Trafficking in Persons.--The law prohibits international
trafficking in persons. The Department of Labour followed up on all
allegations of trafficking but did not discover evidence sufficient for
prosecution. No new confirmed cases of internationally trafficked
persons have been brought to the attention of the authorities since
2001, although some nonresident women were found to be working
illegally in the country as prostitutes. Authorities uncovered no proof
that such women were victims of trafficking, nor did any nonresident
prostitutes come forward to claim they were victims of trafficking.
The antitrafficking law does not address domestic trafficking per
se. However, other laws criminalize the exploitation of persons in
cases where victims (e.g., underage prostitutes) have not crossed an
international border.
Although prostitution is not a crime, it is illegal for
nonresidents to work in commercial sex activities.
The penalties for trafficking in persons stipulate a maximum of 20
years in prison and fines of NZ$500,000 (approximately $300,000). Laws
against child sexual exploitation and slavery carry penalties of up to
14 years in prison. Under the PRA it is illegal to use a person under
18 years of age in prostitution. Under the criminal law, it is also
illegal to have sexual contact with a child under 16 years of age,
regardless of whether the accused believed the child to be 16 years or
older.
The Department of Labor has primary responsibility for coordinating
government efforts to combat trafficking in persons. In May the
department unveiled the Government's national plan of action against
trafficking in persons to address prevention, protection, prosecution,
and victim reintegration. The department released a discussion document
that outlined the Government's existing antitrafficking efforts, and in
June it conducted three public ``consultations'' in Auckland,
Wellington, and Christchurch to solicit civil society input for a new
action plan.
The Government and NGOs coordinated in antitrafficking matters and
provided assistance programs to victims of trafficking, including
short-term sanctuary, witness protection, access to medical services,
and safe repatriation. The Government also worked to address
trafficking in children by providing funding for NGO outreach programs
in Auckland and Christchurch that provided accommodations and other
support for young persons involved in or at risk of involvement in
prostitution.
Shakti Community Council, Incorporated, an NGO with a strong
interest in combating trafficking, reported abuses resulting from the
immigration of Indian women for forced marriages and provided services
to abused women through four refuges located in three cities: Auckland,
Christchurch, and Tauranga.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons with Disabilities The law prohibits discrimination against
persons with disabilities in employment, education, access to places
and facilities, and the provision of goods, services, housing, and
accommodation. During the year the Human Rights Commission received 424
disability-related complaints. Of those complaints, 26.4 percent
related to employment; 12.7 percent to education; 6.1 percent to access
to places, facilities, and vehicles; 20.6 percent to provision of
goods, services, housing, and accommodation; and 34.2 percent to other
complaints. Compliance with access laws varied. The Government is
prohibited from discrimination on the basis of physical or mental
disability, unless such discrimination can be ``demonstrably
justified.''
The Government supported equal access for persons with disabilities
to polling facilities.
The Government's Office for Disability Issues worked to protect and
promote the rights of persons with disabilities. In addition, during
the year both the HRC and the Mental Health Commission continued to
address mental health issues in their antidiscrimination efforts.
National/Racial/Ethnic Minorities.--On August 26, the HRC released,
and the then Prime Minister Helen Clark publicly endorsed, a national
Statement on Race Relations. The statement reaffirmed the Government's
commitment to human rights and equality among the country's racial and
ethnic groups, and it set out 10 fundamental rights to guide government
policies toward racial and ethnic minorities.
Pacific Islanders, who made up 7 percent of the population,
experienced societal discrimination. The Ministries of Justice and
Pacific Island Affairs had a program to identify gaps in delivery of
government services to Pacific Islanders.
Asians, who made up 10 percent of the population, also reported
discrimination.
Indigenous People.--Approximately 15 percent of the population
claimed at least one ancestor from the country's indigenous Maori
minority. The law prohibits discrimination against the indigenous
population; however, there was a continuing pattern of disproportionate
numbers of Maori on unemployment and welfare rolls, in prison, among
school dropouts, in infant mortality statistics, and among single-
parent households.
Maori unemployment was 7.9 percent in September, compared with the
national average of 3.8 percent. The average hourly earnings for Maori
in June were NZ$18.76 ($11.26), and the median earnings were NZ$16.74
($10.04). These figures compared with the average and median earnings
for all workers of NZ$22.35 ($13.41) and NZ$18.75 ($11.25),
respectively.
Maori constituted approximately 50 percent of the prison population
and 45 percent of persons serving community-based sentences. The
Government, along with community partners, implemented several programs
and services to reduce Maori recidivism and overrepresentation in the
criminal justice system.
Government policy recognized a special role for indigenous people
and their traditional values and customs, including cultural and
environmental issues that affected commercial development. The Ministry
of Maori Development, in cooperation with several Maori NGOs, sought to
improve the status of indigenous people. A special tribunal continued
to hear Maori tribal claims to land and other natural resources
stemming from the 1840 Treaty of Waitangi. The deadline for submission
of historical claims under the treaty was September 1, and many
additional claims were submitted just before the deadline. After
September 1, new claims could still be filed and existing claims
amended.
On June 25, the Government and seven indigenous Maori tribes
negotiated the settlement of a grievance arising from the seizure of
Maori land by 19th-century European settlers. The settlement included a
payment of NZ$420 million ($252 million) and transfer of 435,000 acres
of forest land to the tribes. On August 19 and 22, the Government
settled claims with two additional tribes for NZ$25 million ($15
million) and NZ$7 million ($4.2 million), respectively.
A 2004 law regulates ownership of the foreshore (the land between
high and low tide) and the seabed. The law grants ownership of the
foreshore and seabed to the state and provides for universal public
access. It also established a mechanism to accommodate customary
indigenous rights of land use, including preservation of existing
fishing rights. This legislation was the focus of protests by Maori
groups asserting customary title to the land and by non--Maori groups
opposing such claims.
In August 2007 the UN Committee on the Elimination of Racial
Discrimination (CERD) reported on racial discrimination in the country.
The report criticized the Government's foreshore and seabed legislation
and its handling of Maori land claims. The report also expressed
concern that the Bill of Rights Act and the Treaty of Waitangi, under
which many Maori rights are spelled out, do not enjoy protected status
within the country's parliamentary system. Therefore, according to
CERD, enactment of legislation contrary to the act and the treaty was
possible. The report included 16 recommendations for changes relating
to Maori rights or the rights of other ethnic groups that the
Government was considering at year's end but had not endorsed. In
September the Government submitted a written response to CERD, but at
year's end the response had not been released to the public.
Twenty persons, some of whom were Maori, were arrested in October
2007 on various weapons charges, including unlawful possession of
rifles. The arrests reportedly stemmed from an investigation begun in
2005 after hunters told authorities they had seen a group of men
training with firearms in a camp in a remote mountain area. Maori MPs
and others in the Maori community criticized police conduct of the
raids that led to the arrests as excessive and heavy-handed. At year's
end charges remained against 18 of the defendants, and the next court
hearing was scheduled in March 2009.
Other Societal Abuses and Discrimination.--The law prohibits
violence or discrimination against persons based on sexual orientation.
From January 1 to December 23, the HRC received 162 discrimination
complaints relating to gender or sexual orientation (10.9 percent of
all complaints). The Ministry of Justice received no reports of
societal violence or discrimination based on sexual orientation.
The law also prohibits violence or discrimination against persons
with HIV/AIDS. From January 1 to December 23, the HRC received four
complaints relating to HIV/AIDS. There were no reports of violence
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers the right to
form and join organizations of their choice without previous
authorization or excessive requirements, and the law was applied.
Nearly all unionized workers were members of the Council of Trade
Unions, a federation that included unions representing various trades
and locations. A few small, independent labor unions also existed.
Unions represented approximately 18 percent of all wage earners. The
law allows unions to conduct their activities without government
interference, including the right to strike, and this right was
exercised in practice.
Labor organization in the territory of Tokelau (population 1,400)
was limited and based on communal decision making and activity. In
Niue, a self-governing country in free association with New Zealand
(population 1,400), the dominant public sector (460 positions) had an
active public service association. In the Cook Islands, also a self-
governing country in free association with New Zealand (population
22,000), most workers in the public sector, the major employer,
belonged to the Cook Islands Workers' Association, an independent local
union. Industrial relations in the Cook Islands are governed by a
simplified version of New Zealand's national legislation.
Sworn police officers (which includes all uniformed and
plainclothes police but excludes clerical and support staff) are barred
from striking or taking any form of industrial action. Disputes that
cannot be settled by negotiation between the police association and
management are subject to compulsory, final-offer arbitration. Strikes
by providers of ``key services'' are subject to certain procedural
requirements, including mandatory notice of three to 14 days, depending
on the service involved. The Department of Labor offers mediation in
such cases, and the Employment Court is empowered to resolve matters
relating to such disputes.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right of workers to organize and contract
collectively, and workers exercised this right in practice.
The Employment Relations Act governs industrial relations and
promotes collective bargaining. To bargain collectively, unions must be
registered, be governed by democratic rules, be independent, and have
at least 15 members. Unions may not bargain collectively on social or
political issues.
The law prohibits uniformed members of the armed forces from
organizing unions and bargaining collectively. However, police have
freedom of association and the right to organize and bargain
collectively.
There were no special laws or exemptions from regular labor laws in
export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and the Government
generally enforced these provisions effectively.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Department of Labor inspectors effectively enforced a ban on the
employment of children under the age of 15 in manufacturing, mining,
and forestry. Children under age 16 may not work between the hours of
10 p.m. and 6 a.m. By law children enrolled in school may not be
employed, even outside school hours, if such employment would interfere
with their education.
e. Acceptable Conditions of Work.--In April the minimum hourly wage
increased to NZ$12 (approximately $7.20). Combined with other regularly
provided entitlements and welfare benefits for low-income earners, this
wage generally was adequate to provide a decent standard of living for
a worker and family. In addition, a separate youth minimum wage for
younger workers (ages 16 to 17) was replaced with a new entrants' wage
of NZ$9.60 ($5.76) for nonsupervisory workers with less than three
months or 200 hours of employment. A majority of the work force earned
more than the minimum wage.
A 40-hour workweek is traditional. There are legal limits regarding
hours worked and premium pay for overtime work. The law does not
provide specifically for a 24-hour rest period weekly; however,
management and labor have accepted the practice, and it was the norm.
The law provides for a minimum four-week annual paid vacation and 11
paid public holidays. Parliament adopted a new law, to become effective
April 1, 2009, granting employees two paid 10-minute breaks and one
unpaid half-hour break during an eight-hour shift.
The Department of Labor was responsible for enforcement of laws
governing conditions of work. From July 2007 to June 2008, the
department received 2,439 employment complaints (addressing 4,627
separate employment issues) and conducted 3,527 investigations.
Seventy-six percent of matters regarding employment relations were
settled before or at mediation.
There were some reports of exploitation of foreign workers,
especially seasonal workers employed in the horticultural sector.
On July 29, the Department of Labor closed, on grounds of
insufficient evidence, a case in which eight Thai workers alleged they
were forced to work 60- to 70-hour, seven-day weeks in vineyards, often
at less than the minimum legal wage.
In April 2007 the Government introduced its Recognized Seasonal
Employer (RSE) policy allowing horticulture and viticulture employers
to recruit 5,000 workers from other countries in the Pacific. The
purpose of the policy, according to the Department of Labor, was to
meet industry need for seasonal workers, promote development in
participating Pacific countries, reduce the use of illegal labor, and
protect opportunities for citizen seasonal workers. During the year
there was one incident involving 70 Kiribati workers admitted under
RSE, some of whom were removed from their original employer at the
request of the workers because of the lack of appropriate
accommodations. Fifty-four workers were placed with new employers, who
were not able to provide employment for as long as had been offered by
the original employer. When no more work was available, 41 of the
workers returned home. Thirteen workers attempted to remain in the
country unlawfully-of these, all but five had left by year's end.
According to the Department of Labor, all of the workers were paid for
the work they did as part of the RSE program.
Extensive laws and regulations govern health and safety issues.
Employers are obliged to provide a safe and healthy work environment,
and employees are responsible for their own safety and health, as well
as ensuring that their actions do not harm others.
Workers have the legal right to strike over health and safety
issues, as well as the right to withdraw from a dangerous work
situation without jeopardy to continued employment. Department of Labor
inspectors effectively enforced safety and health rules, and they had
the power to shut down equipment if necessary. The Department of Labor
normally investigated reports of unsafe or unhealthy working conditions
within 24 hours of notification.
In May the Human Rights Review Tribunal ruled that a section of the
Accident Compensation Law violated the Human Rights Act on the basis of
age discrimination.
__________
PALAU
Palau is a constitutional republic with a population of
approximately 20,000. The president, the vice president, and members of
the legislature (the Olbiil Era Kelulau) are elected for four year
terms. There were no political parties. In generally free and fair
elections held November 4, Johnson Toribiong was elected president to
succeed Tommy Remengesau, Jr., effective in January 2009. Civilian
authorities generally maintained effective control over the security
forces.
The Government generally respected the human rights of its
citizens. Problems were reported in a few areas, including government
corruption, domestic violence, trafficking in persons, and
discrimination against, and some abuse of, foreign workers.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.
Prison and Detention Center Conditions.--Conditions in the
country's sole prison, although primitive, generally met international
standards. Overcrowding remained a problem. The few female prisoners
were held in separate cells but were permitted to mingle with male
inmates during daylight hours.
No visits by independent human rights observers were requested or
made during the year.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--The civilian
authorities maintained effective control over the National Police and
marine police in Koror and Peleliu states, and the Government has
effective mechanisms to investigate and punish abuse and corruption.
Corruption and impunity were not major problems.
Arrest and Detention.--The law requires warrants for arrests.
Warrants are prepared by the Office of the Attorney General and signed
by a judge. The law provides for a prompt judicial determination of the
legality of detention, and this was observed in practice. Detainees
were informed promptly of the charges against them and had prompt
access to family members and lawyers. If a detainee could not afford a
lawyer, the public defender or a court appointed lawyer was available.
There was a functioning system of bail.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. The
Government has an independent public defender system.
Trials are public and are conducted by judges; there are no juries.
Defendants enjoy a presumption of innocence and a right of appeal. They
can question witnesses, present evidence on their own behalf, and
access government-held evidence in their cases. The law extends these
rights to all citizens.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters for lawsuits involving
allegations of human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Costs limited Internet access in homes. Internet access was available
at schools, government offices, private businesses, Internet cafes, and
hotels.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
Societal Abuses and Discrimination.--There were no reports of
societal abuse or discrimination against religious groups, including
anti--Semitic acts. There was no known Jewish community.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government was willing to cooperate with the Office of
the UN High Commissioner for Refugees and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, asylum seekers,
stateless persons, and other persons of concern, but no cases involving
such cooperation arose during the year.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has not established a system for providing protection to
refugees. In practice the Government provided some protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government did not grant refugee
status or asylum.
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.--On November 4, voters
elected a new Congress and elected Johnson Toribiong as president. The
Council of Chiefs, consisting of the highest traditional chiefs from
each state, advises the president on traditional laws and customs.
Although there have been political parties in the past, there were none
during the year.
There are no legal impediments to women's participation in
government and politics. Two women were elected to the Senate in the
November 4 general elections. Women constituted 16 percent of state
legislators. Three women served as state governors during the year, and
a third female associate justice was appointed to the Supreme Court. At
year's end five of the country's nine judges were women.
There were two members of minorities in the House of Delegates.
Government Corruption and Transparency.--Government corruption was
a problem, which the Government took some steps to address. The law
provides criminal penalties for official corruption, and public
officials are required to file annual financial disclosure statements
with the Ethics Commission. The Office of the Special Prosecutor and
the Office of the Public Auditor are responsible for combating
government corruption.
In March the Office of the Special Prosecutor charged the governor
of Melekeok State with 302 counts of embezzling state funds. A state
employee was also charged with embezzlement. The charges were brought
after the Office of the Public Auditor reported that the governor and
the state employee withdrew more than $190,000 (the U.S. dollar is the
national currency) from the state bank account between 2002 and 2005
for their personal use.
Shortly after filing the charges, however, the special prosecutor
submitted his resignation to the president, citing personal reasons,
and asked the court to dismiss the case without prejudice since he
would be unable to pursue it. In April the court did so. President
Remengesau selected a foreign lawyer to be the new special prosecutor;
however, the Senate did not confirm the president's candidate, and the
position remained vacant at year's end.
In May more than 100 residents of Peleliu State signed a petition
calling for the ouster of the state legislature's speaker and an audit
of the legislature for alleged misuse of public funds by legislators.
At year's end no action had been taken in response to the petition.
In August, during a weekly presidential press briefing, Senator
Joshua Koshiba questioned President Remengesau about his acquisition of
certain real estate, including a new house under construction, and new
vehicles during his time in office. In the course of investigating the
matter, the press discovered that the president was constructing a new
home for which he had not obtained the required permits. The
Environmental Quality Protection Board inspected the construction site
and issued a stop order until permits were obtained. It also issued a
notice of violation to the president and the construction company.
Within a week the first lady submitted an application for the required
permits, which were approved, and subsequently paid a $1,000 fine for
the violation.
The following cases were pending with the Office of the Attorney
General at year's end: the February 2007 case of a Koror State
legislator charged with grand larceny and false pretense, the July 2007
case of the house speaker charged with misuse of travel funds, and the
August 2007 case of 23 current and former Kayangel State legislators
charged with misuse of government funds.
The law provides for the right of citizens and noncitizens to
examine government documents and observe official deliberations of any
government agency, and the Government generally respected this
provision in practice.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international groups concerned with human
rights generally operated without government restriction. Government
officials were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination on the basis of sex, race, place
of origin, language, social status, or clan affiliation, and the
Government generally observed these provisions.
Women.--Rape, including spousal rape, is a crime punishable by a
maximum of 25 years' imprisonment. There was one case of attempted rape
reported during the year; a suspect was charged and the case was
pending in court at year's end.
The Ministry of Health's Office of Victims of Crimes reported 39
cases of domestic violence against women for fiscal year 2008 (October
2007-September 2008). Alcohol and drug abuse contributed to this
problem. According to the Office of the Attorney General, the Ministry
of Health, and women's groups, reported cases of domestic violence
represented a relatively small percentage of cases of actual abuse.
Assault is a criminal offense, punishable by up to six months in jail
or a fine of up to $100, and the police responded when such cases were
reported; however, women were reluctant to press charges against their
spouses, and there were no shelters for victims of domestic violence.
The Government conducted public education efforts to combat domestic
violence.
Prostitution is illegal, but it was a problem.
Sexual harassment is illegal and did not appear to be a major
problem.
The inheritance of property and of traditional rank is matrilineal,
with women occupying positions of importance within the traditional
system. There were no reported instances of unequal pay for equal work
or sex related job discrimination.
In March local women's groups organized their 15th annual women's
conference. The conference focused on women's and children's issues,
including health, education, drug abuse, prostitution, and traditional
customs and values. Government officials, including the president, vice
president, ministers, and traditional chiefs, participated.
Children.--The Government provided a well funded system of public
education for children.
In fiscal year 2008, there were 30 reported cases of child abuse.
Of these, 21 were of sexual abuse, four of physical abuse, two of
emotional abuse, and three of neglect. Five cases of sexual abuse were
resolved in court; all five resulted in convictions. Other cases were
pending. There were some sexual abuse cases that were not referred to
the court because both parties were minors.
In May a man charged with repeatedly raping his 15-year-old
stepdaughter was convicted and sentenced to 10 years' imprisonment.
In September a court sentenced a man to 25 years' imprisonment for
crimes related to the sexual abuse of a minor: child sexual abuse,
rape, carnal knowledge, and sodomy. These crimes occurred over a number
of years.
Children's rights generally were respected, although there were
isolated reports of child neglect.
Trafficking in Persons.--An antitrafficking law prohibits such
practices, with penalties of up to 10 years' imprisonment and a fine of
up to $50,000 for exploiting or otherwise profiting from a trafficked
person; up to 25 years' imprisonment and a fine of up to $250,000 for
trafficking involving force, fraud, or deception; and up to 50 years'
imprisonment and a fine of up to $500,000 for trafficking involving a
child ``by any means for the purpose of exploitation.'' There are also
laws against slavery, fraud, and prostitution. There were reports of
women and some men being trafficked to the country from China and the
Philippines to work in karaoke bars as hostesses and prostitutes, in
private homes as domestics, and on construction sites.
In December 2007 a Taiwanese man successfully challenged his May
2007 conviction on charges of human trafficking and advancing
prostitution, on the ground that his right to a fair trial was violated
because he was not provided with interpretation services during his
trial. He was released, and, although the Attorney General's Office
stated it planned to appeal the court's decision, it had not done so by
year's end. In November the court also reversed the convictions of the
two Taiwanese women convicted in the same case. The women were also not
provided with interpretation services during their trial. The court
remanded the cases for a new trial. The ethnic Chinese witnesses in the
case had already been repatriated, however, and by year's end the
Attorney General's Office had not indicated whether it would retry the
women.
The Divisions of Immigration and Labor and the Office of the
Attorney General are responsible for combating trafficking; however,
the Government lacked the resources and expertise to address the
problem in practice. There was no formal assistance available for
victims, and victims normally were detained, jailed, or deported if
they committed a crime such as prostitution. However, the Government
offered those victims who cooperated with the authorities in the May
2007 trafficking case the option of remaining in the country and
pursuing different employment; five chose to do do so.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The Disabled Persons'
Antidiscrimination Act and the Programs and Services for Handicapped
Children Act cover both persons with mental disabilities and persons
with physical disabilities, and the Government enforced the provisions
of these acts. No discrimination was reported against persons with
disabilities in employment, education, access to health care, or the
provision of other state services. The Government provided a monthly
stipend of $50 for persons with disabilities. The law mandates access
to buildings for persons with disabilities, and the Government
generally enforced these provisions in practice. The public schools had
special education programs to address problems encountered by persons
with disabilities.
The Government agency Ngak Mak Tang (``Everyone Matters'') has
responsibility for protecting the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--The law prohibits noncitizens
from purchasing land or obtaining citizenship. A majority of citizens
viewed negatively the rapid increase over the past several years in
foreign workers, who, according to estimates during the year,
constituted more than 31 percent of the population and approximately 51
percent of the work force. Foreign residents were subjected to
discrimination and were targets of petty, and sometimes violent,
crimes, as well as other random acts against person and property.
Foreign residents made credible complaints that the authorities did not
pursue or prosecute crimes committed against noncitizens with the same
vigor as crimes against citizens.
In addition some foreign nationals experienced discrimination in
employment, pay, housing, education, and access to social services,
although the law prohibits such discrimination.
Other Societal Abuses and Discrimination.--There were no reports of
cases of violence or discrimination based on sexual orientation or
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right of all
persons to assemble peacefully and to associate with others for any
lawful purpose, including the right to join and organize labor unions.
However, there were no active labor unions or other employee
organizations; the majority of businesses were small-scale, family-run
enterprises employing relatives and friends.
The law does not provide for the right to strike, and the
Government has not addressed this issue.
b. The Right to Organize and Bargain Collectively.--There is no law
concerning trade union organization or collective bargaining. Market
forces determine wages in the cash economy.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
slavery or involuntary servitude except to punish crime. Although the
law does not prohibit specifically forced or compulsory labor by
children, there were no reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law states that the Government shall protect children from
exploitation. The Division of Labor is responsible for enforcing laws
and regulations relating to child labor. There is no minimum age for
employment. Children typically were not employed in the wage economy,
but some assisted their families with fishing, agriculture, and small
scale family enterprises.
By regulation no foreigner under age 21 may be admitted into the
country for employment purposes, and the Government generally enforced
this regulation effectively.
e. Acceptable Conditions of Work.--The law sets the minimum wage at
$2.50 per hour, but foreign workers are not included under the minimum
wage law. It generally was assumed that legislators specifically
exempted foreign contract workers from the minimum wage law to ensure a
continued supply of low cost labor in industries that the legislators
often controlled. The national minimum wage provided a decent standard
of living for a worker and family. Anecdotal evidence indicated that
unskilled workers (usually foreigners) for commercial firms were paid
only $1.50 to $2.00 per hour; wages for domestic helpers employed in
private households were lower still. In addition to their wages,
foreign workers usually were provided basic accommodations and food
free or at nominal cost. The country continued to attract foreign
workers from the Philippines, China, and Bangladesh. (Although the law
prohibits importation of laborers from Bangladesh, this prohibition was
not strictly enforced.) During the year there were more than 6,000
foreign nationals with work permits in the country; of these, 64
percent were from the Philippines, 14 percent from mainland China, and
7 percent from Bangladesh.
There is no legislation concerning maximum hours of work. The
Division of Labor has established some regulations regarding conditions
of employment for nonresident workers. The division may inspect the
conditions of the workplace and employer provided housing on the
specific complaint of the employees, but enforcement was sporadic.
Working conditions varied in practice.
Although there are occupational and safety standards, the law does
not specifically provide workers the right to remove themselves from
situations that endanger their health or safety without jeopardy to
their continued employment, and no law protects workers who file
complaints about such conditions. Anecdotal evidence suggested that
noncitizens would likely lose their employment if they removed
themselves from situations that endangered health or safety. Since
foreign workers generally are not permitted to change employers and
must depart the country if their contract ends for any reason,
noncitizens were reticent about reporting abuses. There were no reports
to the Government of violations of occupational health or safety
standards during the year.
Some foreign workers, particularly domestic helpers and unskilled
laborers, reportedly were forced to accept jobs different from those
for which they were recruited. Employers sometimes verbally threatened
or withheld passports and return tickets of foreign workers desiring to
leave unfavorable work situations.
Reports of employer mistreatment of foreign workers continued
during the year. The foreign workers most likely to be abused were
those who worked under contracts as domestic helpers, farmers,
waitresses, beauticians, hostesses in karaoke bars and massage parlors,
construction workers, and other semiskilled workers, the majority of
whom were from the Philippines, China, and Bangladesh. The most
commonly reported abuses included misrepresentation of contract terms
and conditions of employment, withholding of pay or benefits, and
substandard food and housing. There have, at times, been complaints of
physical abuse. In a number of instances local authorities took
corrective action when alerted by social service and religious
organizations.
__________
PAPUA NEW GUINEA
Papua New Guinea is a constitutional federal multiparty
parliamentary democracy with a population of approximately 6.7 million
and more than 800 indigenous tribes. The most recent general elections,
held in June and July 2007, were marred by bribery, voter intimidation,
and influence peddling. A coalition government, led by Prime Minister
Michael Somare, was formed following the election. While civilian
authorities generally maintained effective control of the security
forces, there were some instances in which elements of the security
forces acted independently.
The Government generally respected the human rights of its
citizens, but there were serious problems in some areas. Human rights
abuses included arbitrary or unlawful killings by police, police abuse
of detainees, poor prison conditions, police corruption and impunity,
lengthy pretrial detention, infringement of citizens' privacy rights,
government corruption, violence and discrimination against women and
children, discrimination against persons with disabilities, intertribal
violence, and ineffective enforcement of labor laws.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
police killed a number of persons during the year. According to police
reports, most killings occurred during gunfights with criminal suspects
who were resisting arrest. However, public concern about police
violence persisted.
In January a shootout between police and youths from the Gigo
settlement in Kimbe Province resulted in the death of a young man. In
December police shot and killed three gunmen who tried to rob the Bank
South Pacific in West New Britain.
There were no developments in the following 2007 cases involving
police actions: the March shooting of three persons in which one person
died and two were injured, the May 4 shooting death of Jeffrey Kui, and
the May 25 shooting of three persons, two of whom died.
There were no further developments in the alleged 2006 police
killing of a person at a Port Moresby hotel.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however,
individual police members frequently beat and otherwise abused suspects
during arrests, interrogations, and in pretrial detention. There were
numerous press accounts of such abuses, particularly against young
detainees. On June 17, a suspect had his leg amputated after a police
officer reportedly shot him. In August William Kapis, a suspect in
numerous bank robberies, was shot in both legs during his apprehension
by the police.
There were no developments in the 2007 cases in which an auxiliary
police officer in Rabaul allegedly shot and injured a high school
student, or in which police reportedly beat a soldier in Port Moresby.
There also were no developments in the 2006 case in which correction
officers at Buimo Prison beat and sexually abused young male detainees.
On September 22, a National Court judge found seven members of the
police force in Madang liable for breach of basic human rights of five
young men in 2004. The prosecution claimed that the police officers
forced two of the five detainees to have sex between themselves. In
addition the prosecution alleged that the policemen subjected the
detainees to torture and held them for three weeks without charges. The
court found the seven policemen, as well as their commissioner and the
Government, liable. At year's end damages were pending assessment.
Prison and Detention Center Conditions.--Prison conditions were
poor, and the prison system suffered from serious underfunding. During
most of the year, four of the country's 20 prisons remained closed
because of life threatening conditions. Neither prisons nor police
detention centers had medical care facilities. In some police holding
cells, detainees lacked bedding and sufficient food and water.
Overcrowding in prisons and police cells was a serious problem. In
rural areas infrequent court sessions and bail restrictions for certain
crimes exacerbated overcrowding. Prison escapes were common, even from
high security installations.
Male and female inmates usually were held separately, but some
rural prisons lacked separate facilities, and there were reports of
assaults on female prisoners. There were no separate facilities for
juvenile offenders; however, in some prisons juveniles were provided
with separate sleeping quarters. To hold minors waiting to be arraigned
prior to bail being posted, there were three juvenile reception centers
located in Port Moresby, Lae, and Goroka. Human Rights Watch reported
that juveniles routinely were held with adults in police detention
cells, where in many cases they were assaulted by older detainees.
Police denied juvenile court officers access to police cells. Pretrial
detainees were not separated from convicted prisoners.
The Government permitted prison visits by human rights observers,
but no such visits were requested during the year.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--A commissioner who
reports to the minister for internal security heads the national police
force, the Royal Papua New Guinea Constabulary. Internal divisions
related to clan rivalries and a serious lack of resources negatively
affected police effectiveness. Police corruption and impunity were
serious problems. At year's end there were no reports of any action
taken against officers who in March 2007 allegedly assaulted the
director of police prosecutions in Port Moresby.
Police shootings are investigated by the police department's
Internal Affairs Office and reviewed by a coroner's court. If the court
finds that the shooting was unjustifiable or due to negligence, the
police officers involved are tried. Families of persons killed or
injured by police may challenge the coroner's finding in the National
Court, with the assistance of the Public Solicitor's Office. Cases of
accidental shootings of bystanders by police during police operations
are also investigated and reviewed by a coroner's court.
In January a police complaints ombudsman was appointed as a result
of a July 2007 agreement between the police and the Ombudsman
Commission. The ombudsman deals with public complaints and concerns
about members of the police force.
Arrest and Detention.--Under the law, to make an arrest police must
have reason to believe that a crime was committed, is in the course of
being committed, or will be committed. A warrant is not required, and
police made the majority of arrests without one. Citizens may make
arrests under the same standards as the police, but this was rare in
practice. Police, prosecutors, and citizens may apply to a court for a
warrant; however, police normally did so only if they believed it would
assist them in carrying out an arrest.
Only National or Supreme Court judges may grant bail to persons
charged with willful murder or aggravated robbery. In all other cases,
the police or magistrates may grant bail. Arrested suspects have the
right to legal counsel, to be informed of the charges against them, and
to have their arrests subjected to judicial review; however, the
Government did not always respect these rights. Detainees had access to
counsel, and family members had access to detainees. There were
reported instances of politicians directing or bribing police officials
to arrest or intimidate individuals seen as political enemies or as
possible whistle blowers on corruption.
Due to very limited police and judicial resources and a high crime
rate, suspects often were held in pretrial detention for lengthy
periods. Although pretrial detention is subject to strict judicial
review through continuing pretrial consultations, the slow pace of
police investigations and occasional political interference or police
corruption frequently delayed cases for months. Additionally, circuit
court sittings were infrequent because of shortages of judges and
travel funds. Some detainees were held in jail for more than two years
because of the shortage of judges.
In August the Lae resident National Court judge highlighted the
increasing volume of new criminal cases. With an estimated 235 criminal
cases pending, approximately 200 prisoners at the Buimo jail allegedly
organized a four-day hunger strike in August to protest the slow speed
of their cases pending in the National Court.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The legal system is based on English common law.
The law provides for due process, including a public trial, and the
court system generally enforced these provisions. Judges conduct trials
and render verdicts; there are no juries. Defendants have the right to
an attorney. The Public Solicitor's Office provides legal counsel for
those accused of ``serious offenses'' (charges for which a sentence of
two years or more is the norm) who are unable to afford counsel.
Defendants and their attorneys may confront witnesses, present
evidence, access government-held evidence, plead cases, and appeal
convictions. The shortage of judges created delays in both the process
of trials and the rendering of decisions.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. District courts may order
``good behavior bonds,'' commonly called ``protection orders,'' in
addition to ordering that compensation be paid for violation of human
rights. However, courts had difficulty enforcing judgments.
Additionally, many human rights matters were handled by village courts,
which were largely unregulated. Village and District Courts often were
hesitant to interfere directly in domestic matters. Village courts
regularly ordered that compensation be paid to an abused spouse's
family in cases of domestic abuse rather than issue a domestic court
order.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions; however,
there were instances of abuse. Police raids and searches of illegal
squatter settlements and homes of suspected criminals often were marked
by a high level of violence and property destruction. Police units
operating in highland regions sometimes used intimidation and
destruction of property to suppress tribal fighting.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. All newspapers included a variety
of editorial viewpoints and reported on controversial topics. There was
no evidence of officially sanctioned government censorship; however,
newspaper editors complained of intimidation tactics aimed at
influencing coverage.
In May the managing director, editors, and subeditors of the daily
newspaper Post Courier were reportedly referred to the Parliamentary
Privileges Committee over coverage of a diplomacy scandal involving a
foreign government (See Section 3). Simon Eroro, one of the newspaper's
journalists, went into hiding after receiving death threats, allegedly
because of his articles dealing with the scandal.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. In
practice cost factors and lack of infrastructure limited public access
to the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
the Government often limited this right in practice. Public
demonstrations require police approval and 14 days' notice. Asserting a
fear of violence from unruly spectators, police rarely gave approval.
Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right in
practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination against religious groups, including
anti--Semitic acts. There was no known Jewish community in the country.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--Although a party to the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, the
Government has not enacted enabling legislation and has not established
a system for providing protection to refugees. The Government did not
grant refugee status or asylum. In practice the Government provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened. The Government also
provided temporary protection to individuals who may not qualify as
refugees under the 1951 convention or 1967 protocol.
With support from the UNHCR, the Government continued to provide
protection to approximately 2,700 persons residing at the East Awin
refugee settlement who fled the Indonesian province of Papua (formerly
Irian Jaya). Another 5,000 such persons, classified by the Government
as ``border crossers,'' lived in villages adjacent to the border with
Indonesia.
Registered refugees residing in the East Awin refugee settlement
were granted a residence permit that allowed them to travel freely
within the country and, on a case-by-case basis, to travel abroad
depending on the urgency of the business and a guarantee of financial
support by sponsoring institutions.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic but flawed elections based on universal suffrage.
Elections and Political Participation.--The most recent general
election was held in June and July 2007. Bribery, voter intimidation,
and undue influence were widespread in some parts of the country during
the election. After the election the National Court registered 53
election petitions that alleged illegal practices. By year's end 16
petitions had been dismissed and 13 withdrawn; two others were upheld
and by-elections ordered, and 22 scheduled for court hearings,
including Supreme Court appeals.
Political parties could operate without restriction or outside
influence.
There is no law limiting political participation by women, but the
deeply rooted patriarchal culture impeded women's full participation in
political life. There was one woman in the 109 seat Parliament. She
served as minister of community development, the only cabinet position
held by a woman. There was one female National Court justice and no
female provincial governors. In December the National Executive
Committee approved a proposal for three nominated seats to increase the
number of women in Parliament.
There were six minority (non Melanesian) members of Parliament. Of
these, two were in the cabinet, and three were provincial governors.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials often engaged in corrupt
practices with impunity.
Corruption at all levels of government was a serious problem due to
weak public institutions, leadership, and governance; lack of
transparency; politicization of the bureaucracy; and the use of public
resources to meet traditional clan obligations.
In May there were allegations of that representatives of a foreign
government had offered 80 million kina (approximately $32 million) to
government officials in exchange for establishing diplomatic relations.
In a separate case, in June the media claimed that a government
minister had 100 million kina ($40 million) in a foreign bank account.
At year's end no investigation reports on either case had been
released.
Public officials are subject to financial disclosure laws as
stipulated in the leadership code of conduct. The Ombudsman Commission,
the Leadership Tribunal, and the Public Accounts Committee are key
organizations responsible for combating government corruption.
No law provides for public access to government information. The
Government published frequent public notices in national newspapers and
occasional reports on specific topics facing the Government; however,
it generally was not responsive to individual requests, including media
requests, for access to government information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views.
In September a two-day national conference on human rights was held
to reach consensus among key stakeholders, such as the Government,
diplomatic missions, the UN Development Program (UNDP), the Individual
and Community Rights Advocacy Forum, Transparency International, Save
the Children, and the UN Children's Fund, to establish a comprehensive
approach to human rights. The Individual and Community Rights Advocacy
Forum initiated seven awards for human rights defenders that were
presented at the end of the conference.
On October 21, the two treaties that constitute the International
Bill of Rights came into force for the country, obliging the Government
to report to UN treaty bodies on the steps taken to implement rights
contained therein, initially in 2009 and every four years thereafter.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equal protection under the law
irrespective of race, tribe, place of origin, color, or sex; however,
enforcement of the provisions was not effective.
Women.--Violence against women, including domestic violence and
gang rape, was a serious and prevalent problem.
Rape, including spousal rape, is a crime punishable by
imprisonment, and prison sentences were imposed on convicted
assailants, but few rapists were apprehended. The willingness of some
communities to settle incidents of rape through material compensation
rather than criminal prosecution made the crime difficult to combat.
The legal system allows village chiefs to negotiate the payment of
compensation in lieu of trials for rapists.
Domestic violence was common and is a crime. However, since most
communities viewed domestic violence as a private matter, few victims
pressed charges, and prosecutions were rare. Widespread sexual violence
committed by police officials and their unresponsiveness to complaints
of sexual or domestic violence served as barriers to reporting by both
women and men. Traditional village mores, which served as deterrents
against violence, were weak and largely absent when youths moved from
their villages to larger towns or to the capital.
Violence committed against women by other women frequently stemmed
from domestic disputes. In areas where polygyny was customary, an
increasing number of women were charged with murdering one of their
husband's other wives. Independent observers indicated that 90 percent
of women in prison had been convicted for attacking or killing another
woman.
Prostitution is illegal; however, the laws were not enforced, and
the practice was widespread. Sexual harassment is not illegal, and it
was a widespread problem.
The laws have provisions for extensive rights for women dealing
with family, marriage, and property disputes. Some women have achieved
senior positions in business, the professions, and the civil service;
however, traditional discrimination against women persisted. Many
women, even in urban areas, were considered second class citizens.
Women continued to face severe inequalities in all spheres of life:
social, cultural, economic, and political. There is no employment
antidiscrimination law.
Village courts tended to impose jail terms on women found guilty of
adultery while penalizing men lightly or not at all. By law a District
Court must endorse orders for imprisonment before the sentence is
imposed, and circuit riding National Court justices frequently annulled
such village court sentences. Polygyny and the custom in many tribal
cultures of paying a ``bride price'' tended to reinforce the view that
women were property. In addition to the purchase of women as brides,
women sometimes were given as compensation to settle disputes between
clans, although the courts ruled that such settlements denied the women
their constitutional rights.
According to statistics published in a UNDP report during the year,
women continued to lag behind men in literacy and education due to
discrimination; 51 percent of women were literate, compared with 63
percent of men. The Ministry of Community Development was responsible
for women's issues and had considerable influence over the Government's
policy toward women.
Children.--Independent observers generally agreed that the
Government did not dedicate significant resources to protecting the
rights and welfare of children. Religious and secular nongovernmental
organizations (NGOs) operated programs to protect and develop youth and
children.
Primary education was not free, compulsory, or universal.
Substantial fees were charged and posed a significant barrier to
children's education. Many children did not progress further than
primary school.
Boys and girls had equal access to medical care, but many children
did not have effective care. Government provided free medical care for
citizens, including children, was no longer available due to budget
cuts and deteriorating infrastructure, particularly in rural areas.
Sexual abuse of children was believed to be frequent. Independent
sources confirmed that in two major cities, 1,000 or more cases of
child sexual abuse were reported during the year. Incest is a crime and
reportedly increased in frequency. On March 6, the National Court
convicted a man of incest with his daughter and sentenced him to seven
years' imprisonment. There were cases of commercial sexual exploitation
of children between the ages of 14 and 16 in urban areas, including
minors working in bars and nightclubs. Human Rights Watch documented
numerous instances of police abuse of children. Some children were
forced to work long hours as domestic servants in private homes, often
to repay a family debt to the ``host'' family.
The legal age for marriage is 18 for boys and 16 for girls. There
is a lower legal marriage age (16 for boys and 14 for girls) with
parental and court consent. However, customary and traditional
practices allow marriage of children as young as age 12, and child
marriage was common in many traditional, isolated rural communities.
Child brides frequently were taken as additional wives or given as
brides to pay family debts and often were used as domestic servants.
Child brides were particularly vulnerable to domestic abuse.
Trafficking in Persons.--The law does not prohibit all forms of
trafficking in persons, although trafficking in children for sexual
exploitation is a crime. There were reports of trafficking of women and
girls within the country for sexual exploitation and domestic
servitude. Custom requires the family of the groom to pay a ``bride
price'' to the family of the bride. While marriages were usually
consensual, women and girls were sometimes sold against their will.
There also were reports of Asian women being trafficked into the
country to work in the sex industry. Transactional sex was common and
often involved the sexual exploitation of children.
The Government investigated allegations of corruption among
officials dealing with passport issuance and immigration. The
allegations primarily involved the illegal issuance of residence and
work permits for Chinese or South Asian nationals migrating to the
country. Although they originally suspected that corrupt officials were
aiding the transport of trafficking victims into the country,
authorities did not uncover any evidence that mala fide permits and
passports were used for this purpose. Nevertheless, there was concern
that the country may have been used as a route for trafficking in
persons to Australia through different means.
The penal code lists trafficking under the general term of slavery,
the penalty for which is 20 years' imprisonment. The Ministry of
Justice was responsible for enforcing the law but was ineffective in
doing so. There were no prosecutions for trafficking in persons during
the year.
There were no government programs to assist trafficking victims.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical and mental disabilities;
however, there are no antidiscrimination laws. Persons with
disabilities faced discrimination in education, training, and
employment. No legislation mandates accessibility to buildings.
Through the National Board for the Disabled, the Government granted
funds to a number of NGOs that provided services to persons with
disabilities. The Government provided free medical consultations and
treatment for persons with mental disabilities, but such services were
rarely available outside major cities. In several provinces, apart from
the traditional clan and family system, services and health care for
persons with disabilities did not exist. Most persons with disabilities
did not find training or work outside the family structure.
National/Racial/Ethnic Minorities.--Centuries-old animosities among
isolated tribes, a persistent cultural tradition of revenge for
perceived wrongs, and the lack of police enforcement sometimes resulted
in violent tribal conflict in the highland areas. In the last few
years, the number of deaths resulting from such conflicts continued to
rise due to the availability of modern weapons. However, Radio
Australia reported that on October 2, at least 30 warring hill tribes
from the Southern Highlands signed a peace agreement. Tribal fighting
continued in Western Highlands Province.
Other Societal Abuses and Discrimination.--Sodomy and acts of
``gross indecency'' between males are illegal, but there were no
reports of prosecutions under this law during the year. There were no
specific reports of societal violence or discrimination against
homosexuals, but homosexuals were vulnerable to societal
stigmatization.
There were no reports of government discrimination against persons
with HIV/AIDS; however, there was a strong societal stigma attached to
HIV/AIDS infection that prevented some individuals from seeking HIV/
AIDS related services, and there were reports that companies dismissed
HIV positive employees after learning of their condition.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right to
form and join labor unions, subject to registration by the Department
of Labor and Industrial Relations, and workers exercised this right in
practice. The Government did not use registration to control unions;
however, an unregistered union has no legal standing and thus cannot
operate effectively. An estimated half of the approximately 250,000
wage earners in the formal economy were members of approximately 50
trade unions. The Public Employees Association represented an estimated
12,000 persons employed by national, provincial, and municipal
governments, or one third of the public-sector workforce. Unions were
independent of both the Government and political parties.
The law provides for the right to strike, although the Government
may and often did intervene in labor disputes to require arbitration
before workers may legally strike. The law prohibits retaliation
against strikers, but it was not always enforced. The Department of
Labor is responsible for enforcement. Employees of some government
owned enterprises went on strike on several occasions during the year,
primarily to protest against privatization policies or in pay disputes.
In most cases the strikes were brief and ineffective.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and engage in collective bargaining,
and workers exercised these rights in practice. Under the law the
Government has discretionary power to cancel arbitration awards or
declare wage agreements void when they are contrary to government
policy. The Department of Labor and Industrial Relations and the courts
are involved in dispute settlement. Wages above the minimum wage were
set through negotiations between employers and employees or their
respective industrial organizations.
The law prohibits antiunion discrimination by employers against
union leaders, members, and organizers; however, the Department of
Labor enforced the law selectively.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, including by children, and there
were no reports that such practices occurred in the formal economy.
Some children were obliged to work long hours as domestic servants in
private homes.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law establishes the minimum working age as 16; for hazardous work, the
minimum age is 18. However, children between the ages of 11 and 18 may
be employed in a family business or enterprise provided they have
parental permission, a medical clearance, and a work permit from a
labor office. This type of employment was rare, except in subsistence
agriculture. Work by children between the ages of 11 and 16 must not
interfere with school attendance. Some children under 18 worked in bars
and nightclubs and were vulnerable to commercial sexual exploitation.
e. Acceptable Conditions of Work.--The Minimum Wage Board, a quasi-
governmental body with labor and employer representatives, sets minimum
wages for the private sector. The national youth wage, for new entrants
into the labor force between 16 and 21 years of age, was set at 75
percent of the adult minimum wage. The minimum wage was 37.50 kina
(approximately $15) per week, and although it was above the national
per capita income, it did not provide a decent standard of living for a
worker and family who lived solely on the cash economy.
The law regulates minimum wage levels, allowances, rest periods,
holiday leave, and overtime. The law limits the workweek to 42 hours
per week in urban areas and 44 hours per week in rural areas, and it
provides for premium pay for overtime work. The law provides for at
least one rest period of 24 consecutive hours every week. Although the
Department of Labor and Industrial Relations and the courts attempted
to enforce the law, they were not effective.
The Department of Labor and Industrial Relations is also
responsible for enforcing the Industrial Health and Safety Law and
related regulations. The law requires inspection of work sites on a
regular basis; however, due to a shortage of inspectors, inspections
took place only when requested by workers or unions.
Workers' ability to remove themselves from hazardous working
conditions varied by workplace. Unionized workers had some measure of
protection in such situations. The law protects legal foreign workers.
The few illegal foreign workers lacked full legal protection.
__________
PHILIPPINES
The Philippines, with a population of 89 million, is a multiparty
republic with an elected president and bicameral legislature. In May
2007 approximately 73 percent of registered citizens voted in mid-term
elections for both houses of congress and provincial and local
governments. The election generally was free and fair but was marred by
violence and allegations of vote buying and electoral fraud. Long-
running Communist and Muslim insurgencies affected the country.
Civilian authorities generally maintained effective control of the
security forces; however, there were some instances in which elements
of the security forces acted independently.
Arbitrary, unlawful, and extrajudicial killings by elements of the
security services and political killings, including killings of
journalists, by a variety of actors continued to be major problems. In
recent years, following increased domestic and international scrutiny,
reforms were undertaken and the number of killings and disappearances
dropped dramatically. Concerns about impunity persisted. Members of the
security services committed acts of physical and psychological abuse on
suspects and detainees, and there were instances of torture. Prisoners
awaiting trial and those already convicted were often held under
primitive conditions. Disappearances occurred, and arbitrary or
warrantless arrests and detentions were common. Trials were delayed,
and procedures were prolonged. Corruption was a problem throughout the
criminal justice system. Leftwing and human rights activists often were
subject to harassment by local security forces. Problems such as
violence against women, abuse of children, child prostitution,
trafficking in persons, child labor, and ineffective enforcement of
worker rights were common.
In addition to killing soldiers and police officers in armed
encounters, the New People's Army (NPA)--the military wing of the
Communist Party (CPP)--killed local government officials and ordinary
civilians. There were reports that the Moro Islamic Liberation Front
(MILF) and the terrorist groups NPA and Abu Sayyaf Group (ASG) used
child soldiers in combat or auxiliary roles. Terrorist groups committed
bombings that caused civilian casualties.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Security forces and
antigovernment insurgents committed a number of arbitrary and unlawful
killings. The Commission on Human Rights (CHR), an independent
government agency, investigated 173 new complaints of killings that
occurred during the year; 67 of these cases were classified as
politically motivated. The CHR suspected personnel from the Philippine
National Police (PNP) and the Armed Forces of the Philippines (AFP) in
a number of the killings of leftist activists operating in rural areas.
Allegations of summary executions by government security forces were
referred to the nongovernmental organization (NGO) Task Force Detainees
of the Philippines (TFDP). The TFDP was unable to investigate all of
these allegations, but it alleged the summary execution of four
individuals by government forces.
Through year's end, the PNP Task Force Usig recorded 146 cases of
killings since 2001, six of which occurred during the year; 90 cases
were filed in court, with one conviction during the year. At least one
human rights organization, Karapatan, claimed that there have been more
than 900 killings since 2001, with both state actors and nonstate
actors as suspects. It recorded 69 victims of killings during the year.
During the year the PNP expanded human rights training and
possessed a network of 1,636 human rights desk officers at the
national, regional, provincial, and municipal levels. The chief justice
noted that the writ of ``amparo,'' which provides citizens with the
court's protection, contributed to a reduction in killings.
However, human rights groups and the CHR noted little progress in
implementing and enforcing some reforms. For example, cooperation and
coordination between police and prosecutors continued to be a problem.
Funding for the CHR and the Government witness protection programs was
considered inadequate.
Arbitrary and unlawful killings through August included:
On January 23, two unidentified men shot and killed United Church
of Christ Pastor Felomino Catambis in Abuyog, Leyte. The CHR was
investigating the case at year's end.
On February 4, seven civilians and an off-duty soldier were killed
in an AFP raid on alleged ASG forces in Maimbung, Sulu. Following an
investigation, the CHR in Western Mindanao filed a case against the
soldiers with the Deputy Ombudsman for the Military, which was pending
at year's end.
On March 10, unidentified assailants shot and killed Solidarity of
Cavite Workers' official Gerry Cristobal in Imus, Cavite. Cristobal was
a former union president and a critic of provincial policies that were
viewed by unions as limiting the right of workers to organize and
strike. The case remained under investigation at year's end.
On May 15, three unidentified suspects shot and killed the
Secretary General of Davao City Farmers Association, Celso Pojas. The
CHR provisionally dismissed the case due to insufficient evidence.
A prosecutor dismissed the case against the suspects in the January
2007 killing of university professor and human rights advocate Jose
Maria Cui for insufficient evidence. The case was re-filed on May 19.
Investigations of cases from 2006 and 2007 were ongoing.
On May 21, the AFP surrendered one of its members to the National
Bureau of Investigation (NBI) in connection with the 2005 killing of
union leader Ricardo Ramos. The suspect pleaded not guilty during his
August 6 arraignment.
On June 12, a regional trial court judge sentenced a member of the
AFP, Joel Flores, to 41 years' imprisonment for his involvement in the
2006 killing of community leader Jose Doton. At year's end Flores was
appealing his conviction.
Government forces killed a number of civilians during clashes with
armed groups. Terrorist groups killed and kidnapped NGO workers and
other civilians. Communist insurgents, mainly from the NPA, continued
to kill political figures, military and police officers, and civilians,
including suspected military and police informers. Extortion groups
associated with the ASG killed persons in bombings (See Section 1.g.).
Ruben Omar Pestano Lavilla, Jr., a leader of the terrorist Rajah
Solaiman Movement wanted in connection with 2004 Superferry bombing and
the 2005 Valentine's Day bombings, was deported from Bahrain to the
Philippines on August 30.
Vigilante groups were suspected of conducting summary killings of
adult criminals and children involved in petty crime in five major
cities. The TFDP recorded 80 apparent vigilante killings in Davao City
through 2007, and confirmed at least one such killing during the year.
Another human rights group noted that local activists in Davao City
counted more than 100 summary killings from January through November.
Vigilante killings also allegedly occurred in Cebu City, Cagayan de
Oro, Tagum City, and General Santos City. The victims were suspected of
involvement in criminal activities, and the killings appeared to have
popular support. Authorities made no arrests in these cases.
In April UN Special Rapporteur Philip Alston issued a report based
on his February 2007 mission. Among other findings, the report noted
that the Government's counterinsurgency strategy presumed some civil
society groups had ties to the CPP or the NPA and led security forces
to treat leftist leaders and community organizers as legitimate
targets.
b. Disappearance.--According to local human rights NGOs, government
forces were responsible for disappearances. By year's end the CHR
investigated 20 new cases of enforced disappearances, abductions, and
kidnappings involving 27 victims, some of whom were found to have been
detained without a warrant (See Section 1.d.). Of the 20 cases, one was
referred to the deputy ombudsman for the military, 16 were still under
investigation, and three were either dismissed or closed. The NPA was
implicated in two cases, members of the military and police were
implicated in nine cases, and unidentified suspects were involved in
the others. The NGO Families of Victims of Involuntary Disappearances
(FIND) was monitoring four reported disappearance cases, whose victims
had not been found, and those investigations continued.
On September 17, indigenous rights activist and Cordillera People's
Alliance (CPA) founding member James Balao was abducted while in
transit between Baguio City and La Trinidad in Benguet Province.
Balao's family and members of the CPA claimed he was being held captive
by members of the military. At year's end a court had not yet issued a
decision on the writ of amparo petition filed in October.
On October 7, the Supreme Court upheld the writ of amparo granted
to Raymond and Reynaldo Manalo by a court of appeals in December 2007.
The Manalo brothers testified that beginning in 2006 they were held
incommunicado and at times tortured by members of the AFP until they
finally escaped in August 2007. During their detention their family
filed a number of habeas corpus petitions in courts, but responsible
AFP officers denied any involvement in their disappearance. The Manalos
further testified that at times they shared detention with other
persons who had disappeared, notably University of the Philippines
students Sherlyn Cadapan and Karen Empeno and their companion, Manuel
Marino. Raymond Manalo testified that he witnessed the killing of
Marino and the subsequent burning of his body. The Manalos' testimony
implicated members of a division and battalion of the AFP, a sergeant,
and a major general, among others.
On July 17, a court of appeals dismissed a petition for a writ of
amparo in the April 2007 abduction of activist Jonas Burgos. During the
year courts also dismissed other petitions for protective writs. On
September 17, a court of appeals granted petitions for writs of amparo
and habeas corpus filed against the military for the June 2006
abduction case of the University of the Philippines students and their
associate.
Some victims' families complained that the courts and police failed
to address adequately their complaints concerning disappearances in
which security forces were suspected. Evidence of a kidnapping or
killing is required to file charges. FIND and other NGOs continued to
support the efforts of victims' families to press charges. In most
cases, evidence and documentation were unavailable, and convictions
were rare. Out of 16 court cases related to disappearances of concern
to FIND, only one case was resolved during the year. On July 18, a
regional trial court in Agusan del Sur convicted AFP Corporal Rodrigo
Billones for his role in the October 2000 abduction and illegal
detention of six workers of Paper Industries Corporation of the
Philippines. The judge sentenced the defendant to a minimum of 54 years
in prison and fined him for moral damages.
Judicial inaction on the vast majority of disappearances
contributed to a climate of impunity and undermined public confidence
in the justice system.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits torture, and evidence obtained
through its use is inadmissible in court; however, members of the
security forces and police were alleged to have routinely abused and
sometimes tortured suspects and detainees. The CHR provided the police
with mandatory human rights training. The CHR noted that senior PNP
officials appeared receptive to respecting the human rights of
detainees, but rank-and-file awareness of the rights of detainees
remained inadequate.
Human rights groups, including the CHR, noted that excessive force
and torture remained an ingrained part of the arrest and detention
process. Common forms of abuse during arrest and interrogation
reportedly included electric shock, cigarette burns, or suffocation.
Through year's end the TFDP documented 12 cases of torture
involving 16 victims. For the same period, the CHR investigated 23
cases of alleged torture. Most of the suspects in these cases were
members of the AFP.
The CHR continued to observe greater sensitivity within the AFP to
the need to prevent human rights violations. The CHR is required to
determine whether an AFP officer or a PNP officer at the senior
superintendent level being considered for promotion had a history of
human rights violations; however, a negative CHR finding does not
preclude promotion. In some instances promotions were withheld
indefinitely when the CHR uncovered a record of human rights abuses.
The AFP stated that it withheld some promotions on human rights grounds
during the year.
On May 2, members of the military allegedly harassed and tortured
four indigenous farmers, including one minor, in Compostella Valley
Province. The case remained under investigation by the CHR.
On August 31, provincial police and the Regional Special Operations
Group allegedly abducted, harassed, and tortured nine members of the
Cavite Farmers' Confederation. The farmers were charged with illegal
possession of firearms but were released on September 2 for lack of
evidence.
There were reports that prison guards physically abused inmates.
The CHR and TFDP reported that abuse by prison guards and other inmates
was common, but prisoners, fearing retaliation, refused to lodge formal
complaints. Women in police custody were particularly vulnerable to
sexual and physical assault by police and prison officials. Human
rights activists believed suspected ASG and NPA members in captivity
were particular targets for abuse.
Prison and Detention Center Conditions.--Prison conditions were
rudimentary and sometimes harsh. Provincial jails and prisons were
overcrowded, lacked basic infrastructure, and provided prisoners with
an inadequate diet. Jails managed by the Bureau of Jail Management and
Penology (BJMP) operated at an average of 191 percent of designed
capacity, an improvement over the previous year owing to prison
decongestion efforts. Prison administrators allotted a daily
subsistence allowance of 50 pesos (approximately $1.12) per prisoner.
Lack of potable water, poor sanitation, and poor ventilation continued
to cause health problems. Some prisoners, including women and children,
were abused by other prisoners and prison personnel. The slow judicial
process exacerbated overcrowding.
There were reports of widespread corruption among prison guards
and, to some extent, at higher levels of authority within the prison
system.
According to BJMP regulations, male and female inmates are to be
held in separate facilities and, in national prisons, overseen by
guards of the same sex. Anecdotal reports suggested that these
regulations were not uniformly enforced. In provincial and municipal
prisons, male guards sometimes supervised female prisoners directly or
indirectly. Although prison authorities attempted to segregate children
or to place them in youth detention centers, in some instances children
were held in facilities not fully segregated from adult male inmates.
Girls were sometimes held in the same cells as boys. During the year as
part of reform and budget reduction efforts, the Government
consolidated women and minors into fewer jails, including some that
contained separate facilities for those groups. Out of 1,075 jails
managed by the BJMP and PNP, 205 had separate cells for minors, while
353 jails had separate cells for adult females. Lack of adequate food
for minors in prisons was a concern (See Section 5, children).
In July 2007 President Gloria Macapagal--Arroyo directed the
immediate release of all minor prisoners who were age 15 years and
below at the time they committed the crime. From January to November,
the BJMP released 298 minor inmates, usually in response to a court
order following a petition by the public attorney's office or the
inmate's private lawyer or through the appeals of NGOs.
International monitoring groups, including the International
Committee of the Red Cross, were allowed free access to jails and
prisons. However, a local NGO reported difficulty accessing jails or
detentions centers where children were held.
d. Arbitrary Arrest or Detention.--The law requires a judicial
determination of probable cause before issuance of an arrest warrant
and prohibits holding prisoners incommunicado or in secret places of
detention; however, in a number of cases, police and the AFP arrested
and detained citizens arbitrarily. From January to December, the TFDP
documented 55 cases of illegal arrest and detention involving 93
victims. The CHR tracked one case of abduction during the year that
resulted in the release of the victim. During the year, the NGO FIND
counted 16 abduction victims who were later found alive.
Arbitrary detentions through August included the January 25
abduction of Flaviano Arante, a council member of the peasant group
United Farmers of Santa Catalina in Negros Oriental. Two weeks later, a
military officer reportedly said that Arante was in the custody of the
AFP's 61st battalion. In February his family petitioned for a writ of
amparo, but a court of appeals dismissed the petition on April 30. A
petition for review of that decision was filed in the Supreme Court.
On March 15, Mel Abesamis, a United Methodist Church pastor and
former Secretary General of the provincial Karapatan office, was
abducted in Mindoro Occidental. Abesamis was missing for two days and
then was found to be in a provincial jail. The Government linked
Abesamis to a May 2007 encounter between the PNP and the NPA and filed
four counts of murder and theft against him.
On May 15, Randy Felix Malayao, a consultant for the peace process
of the CPP-affiliated National Democratic Front of the Philippines, was
abducted in Metro Manila. Malayao was missing for five days before he
was found in the Cagayan provincial jail facing murder charges.
On May 18, three unidentified men abducted peasant leader Bernadith
Dignos. Dignos was missing for four days before she appeared in police
custody. She was charged with multiple counts of murder in a regional
trial court in Misamis Occidental.
There were also reports that many children detained in jails were
arrested without warrants.
Role of the Police and Security Apparatus.--The Department of
National Defense directs the AFP, which shares responsibility for
counterterrorism and counterinsurgency operations with the PNP. The
Department of Interior and Local Government directs the PNP, which is
responsible for enforcement of law and order and urban
counterterrorism; however, governors, mayors, and other local officials
have considerable influence. The 115,000-member PNP has deep-rooted
institutional deficiencies and suffered from a widely held and accurate
public perception that corruption remained a problem. PNP's Internal
Affairs Service remained largely ineffective. Members of the PNP were
regularly accused of torture, soliciting bribes, and other illegal
acts. Efforts were underway to reform the institution in part to
counter a widespread impression of official impunity. By year's end the
PNP dismissed 84 members of the police force, including administrative
officials and police officers, for various reasons that may have
involved corruption. Of the 2,786 administrative cases filed against
PNP officers and personnel, 589 were resolved, 349 were dropped and
closed, 157 remained under preliminary investigation, and 1,691
underwent summary proceedings. The deputy ombudsman for the military
received 2,205 cases for the period January through August, of which 8
percent were cases filed against high ranking police and military
officials.
As of August the AFP Human Rights Office monitored no new cases of
killings, disappearances, or torture during the year. In August 2007
the AFP created five general courts-martial to hear administrative
cases of officers and soldiers accused of human rights violations. As
of December, two members of the army who were allegedly involved in
killings were undergoing court martial proceedings, and one was on
trial for murder in a civilian criminal court.
Government-armed civilian militias supplemented the AFP and the
PNP.
Arrest and Detention.--Citizens are apprehended openly with
warrants based on sufficient evidence and issued by a duly authorized
official and are brought before an independent judiciary. However,
there were some reports during the year of citizens picked up by
security forces without a warrant and detained arbitrarily. Detainees
have the right to a judicial review of the legality of their detention
and, except for offenses punishable by a life sentence, the right to
bail. During the year a greater number of offenses were made eligible
for bail and, according to government figures, 12,328 or 22 percent of
detainees were able to post bail, compared with the 2 percent of
detainees who posted bail in 2007. The law provides that an accused or
detained person has the right to a lawyer of his choice and that the
state must provide one when the accused cannot afford one. Authorities
are required to file charges within 12 to 36 hours of arrests made
without warrants, with the time given to file charges increasing with
the seriousness of the crime. Lengthy pretrial detention remained a
problem. The BJMP did not provide data about the number of detainees
released during the year as part of jail decongestion programs,
including the number of detainees who were released because they had
been jailed for periods equal to or longer than the maximum prison
terms they would have served if convicted. However, the BJMP
acknowledged that 19,063 detainees were released from jail because they
were acquitted or because their cases were dismissed for lack of
witnesses or evidence.
Human rights and labor groups expressed concern about criminal
charges filed in September against 72 labor activists, some of whom
were arrested, including labor attorney Remigio Saladero, in connection
with a 2006 NPA ambush on military forces.
The NPA, as well as some Islamic separatist groups, were
responsible for a number of arbitrary detentions.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, the judicial system suffered from
corruption and inefficiency. Personal ties and sometimes bribery
resulted in impunity for some wealthy or influential offenders and
contributed to widespread skepticism that the judicial process could
ensure due process and equal justice. The Supreme Court continued
efforts to ensure speedier trials, sanction judicial malfeasance,
increase judicial branch efficiency, and raise public confidence in the
judiciary. In September the Supreme Court dismissed one justice at a
court of appeals and disciplined four others for their roles in a
bribery scandal. In October the high court denied the motions for
reconsideration filed by these justices.
The national court system consists of four levels: local and
regional trial courts, a national court of appeals divided into 17
divisions, a 15-member Supreme Court, and an informal local system for
arbitrating or mediating certain disputes outside the formal court
system. The Sandiganbayan, the Government's anticorruption court, hears
criminal cases brought against senior officials. A Shari'a (Islamic
law) court system, with jurisdiction over domestic and contractual
relations among Muslim citizens, operated in some Mindanao provinces.
The courts-martial, each composed of at least five active-duty military
officers, hear cases against military personnel accused of violating
the Philippine Articles of War. The president, the chief of staff of
the armed forces, or a military unit commander may appoint the members
of a court-martial. Military or security tribunals cannot try
civilians.
On January 14, Judge Roberto Navidad was shot and killed in
Calbayog City, Samar. The police arrested a suspect, and the case was
under investigation at year's end.
A decision was pending in the trial for the January 2007 killing of
Judge Nathaniel Pattugalan. The police identified a suspect in the July
2007 killing of Judge Orlando Velasco, and a case against him was filed
in court.
Trial Procedures.--The law provides that all persons accused of
crimes be informed of the charges against them, have the right to
counsel, and be provided a speedy and public trial before a judge.
Defendants are presumed innocent and have the right to confront
witnesses against them, to present evidence, and to appeal convictions.
The authorities respected the right of defendants to be represented by
a lawyer, but poverty often inhibited a defendant's access to effective
legal representation. Skilled defense lawyers staffed the Public
Attorney's Office (PAO), but their workload was large and resources
were scarce. The PAO provided legal representation for all indigent
litigants at trial; however, during arraignment, courts may at their
option appoint any lawyer present in the courtroom to provide counsel
to the accused.
The law provides that cases should be resolved within set time
limits once submitted for decision: 24 months for the Supreme Court; 12
months for a court of appeals; and three months for lower courts.
However, these time limits were not mandatory, and, in effect, there
were no time limits for trials.
Lengthy pretrial detention remained a problem. Anecdotal evidence
suggested that, in practice, trials can take six years or more. Trials
take place in short sessions over time and as witnesses become
available; these noncontinuous sessions created lengthy delays.
Furthermore, there was a widely recognized need for more prosecutors,
judges, and courtrooms. Judgeship vacancy rates were high; of the total
2,182 trial court judgeships (including Shari'a courts), 509 (23
percent) were vacant. Courts in Mindanao and poorer provinces had
higher vacancy rates than the national average. Shari'a court positions
were particularly difficult to fill because of the requirement that
applicants be members of both the Shari'a Bar and the Integrated Bar.
All five Shari'a District Court judgeships and 36 percent of circuit
court judgeships remained vacant. Shari'a courts do not have criminal
jurisdiction.
Political Prisoners and Detainees.--Various human rights NGOs
maintained lists of incarcerated persons they considered to be
political prisoners. From January to June, the TFDP reported that there
were 231 political prisoners. Typically, there was no distinction in
these lists between detainees and prisoners, and the majority of
persons listed had not been convicted. Some NGOs asserted that it was
frequent practice to make politically motivated arrests of persons for
common crimes and to continue to detain them after their sentences
expired. The Government used NGO lists as one source of information in
the conduct of its pardon, parole, and amnesty programs, but it did not
consider the persons listed to be political detainees or prisoners.
From January to June, the Government released 22 persons whom NGOs
claimed were political prisoners. The TFDP recorded 41 new political
prisoners incarcerated through June.
The Government permitted access to alleged political prisoners by
international humanitarian organizations.
Civil Judicial Procedures and Remedies.--The judiciary is
independent and impartial in civil matters. There are administrative
remedies as well as judicial remedies for alleged wrongs; however,
corruption was widespread in the judiciary, and cases often were
dismissed. Complainants have access to local trial courts to seek
damages for, or cessation of, human rights abuses.
From January to December, human rights lawyers filed 13 writ of
amparo petitions, all against the military, of which nine were resolved
and four were pending hearings. Five of the resolved cases were
dismissed, closed, or terminated; two were pending review by the
Supreme Court; one was pending motion for reconsideration by the
petitioners; and one was settled.
During the year the warden of the Davao Penal Colony reportedly
refused to release journalist Alexander Adonis despite his having been
paroled by the Department of Justice (DOJ) Board of Pardon and Paroles
in a libel case. Adonis was released from prison in December.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law provides that a judge may issue search
warrants on a finding of probable cause; however, while the Government
generally respected restrictions on search and seizure within private
homes, searches without warrants occurred. Judges declared evidence
obtained illegally to be inadmissible.
The Government generally respected the privacy of its citizens;
however, leaders of communist organizations and rural-based NGOs
complained of what they described as a pattern of surveillance and
harassment. The Human Security Act of 2007 allows law enforcement
authorities, with a written order from a court of appeals, to intercept
and record conversations and any other form of communication between
members of terrorist organizations or any person charged with or
suspected of the crime of terrorism or conspiracy to commit terrorism.
Forced resettlement of urban squatters, who made up at least 30
percent of the urban population, continued during the year. The law
provides certain protections for squatters; eviction was often
difficult, especially because politicians recognized squatters' voting
power. Government relocation efforts were constrained by budget
problems, and the issuance of land titles to squatters was limited.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
The Government was engaged in combat with antigovernment forces and
terrorists who actively sought to destabilize the country. Government
forces killed a number of civilians during clashes with antigovernment
forces. Some citizens' groups complained that the AFP, in confronting
the ASG and NPA, illegally detained citizens, destroyed houses,
displaced residents, and shelled villages. In August after the Supreme
Court issued a temporary restraining order that halted the August 5
signing of a government-MILF territorial agreement, some MILF military
commanders, allegedly acting without MILF authorization, attacked
villages in central Mindanao, killing civilians.
Killings.--Government forces acknowledged the deaths of civilians
in the course of military operations against the MILF. A National
Disaster Coordinating Council report indicated that 163 persons were
confirmed killed in the Mindanao conflict by either government or rebel
MILF forces between August 10 and September 1, including 78 civilians,
six law enforcement officials, and two MILF rebels. Unconfirmed numbers
of AFP soldiers and other MILF rebels also were killed in the conflict.
Communist insurgents, mainly from the NPA, continued to kill
political figures, military and police officers, and civilians,
including suspected military and police informers. The NPA and other
extortion groups also harassed businesses and burned buses and private
communication facilities to enforce the collection of ``revolutionary
taxes.''
At year's end, according to military and police sources, 209
members of the AFP were killed in action during encounters with rebel
and terrorist groups: 140 by the NPA, 56 by the ASG, and 13 by the
MILF. During the same period, AFP operations resulted in 340 insurgents
killed: 166 NPA, 27 ASG, 146 MILF, and one from the Moro National
Liberation Front. The PNP recorded 82 of its personnel killed from
January to November and claimed 91 insurgents killed in operations
around the country, including 67 NPA, two ASG, and 22 MILF.
On April 4, NPA forces in Tineg, Abra, fired at a truck carrying 14
civilians, killing four. On June 28, NPA forces killed four government
forces members in two attacks on Siargao Island, Surigao del Norte; two
civilians were killed in the crossfire. On August 5 and 13, NPA rebels
killed two rebel returnees. On August 17, MILF rebels killed 28
civilians and 14 soldiers in attacks in Mulondo, Lanao del Sur. On
August 18, MILF rebels killed 14 civilians in an attack on a passenger
bus in Lanao del Norte.
On January 15, gunmen believed to be members of the ASG abducted a
Catholic priest, Father Roda, and a teacher in Tawi--tawi. They
subsequently killed Father Roda.
The police believed that extortion groups allegedly linked with the
ASG and the Jemaah Islamiyah were responsible for a series of bomb
attacks against three bus companies in Mindanao. On May 28, suspected
terrorists killed three civilians in a bomb attack outside an airbase
in Zamboanga City. On July 24, a bomb inside a bus in Digos, Davao del
Sur, killed three passengers. A September 1 bomb also in Digos killed
seven persons. No group claimed responsibility for the attacks.
Abductions.--There were numerous kidnappings throughout the year in
Mindanao and the Sulu Archipelago by various armed groups, including
the ASG. Victims often were released in exchange for payments.
On April 30, MILF rebels took over a village in Kalamansig, Sultan
Kudarat, and held the residents hostage. On August 11, MILF forces took
two civilians hostage in Pigcawayan, North Cotabato. On August 18,
dozens of civilians in Kolambugan and Kauswagan, Lanao del Norte,
reportedly were used as human shields by retreating MILF fighters. Some
of the hostages later were reported killed.
Child Soldiers.--During the year the NPA and the ASG targeted
children for recruitment as combatants and noncombatants. The NPA
claimed that it assigned persons 15 to 18 years of age to self defense
and noncombatant duties; however, there were reports that the NPA
continued to use minors in combat. A local NGO reported that 100
children were used as NPA soldiers in Eastern Samar.
The ASG recruited teenagers to fight and participate in its
activities. The two purported ASG suspects in the June 8 kidnapping of
Filipino newscaster Ces Drilon were reported to be minors. The AFP
stated that some Islamic schools in Mindanao served as fronts to
indoctrinate children. The AFP also alleged that the ASG used children
as couriers and spies, but NGOs were unable to verify that claim.
A 2007 study commissioned by the UN Children's Fund (UNICEF) found
that children as young as 10 years were used as soldiers or recruited
by the MILF. Most of the children were volunteers often with the
support of their families, serving in noncombat roles. In December
during the visit of the Special Representative of the UN Secretary
General, the MILF agreed to stop the recruitment and use of children in
its ranks. At year's end a plan to implement this was not yet in place.
A human rights group documented one case of an indigenous child in
Luzon being recruited by a paramilitary organization in 2007. The NGO
also reported three cases of child soldiers being rescued by or
surrendered to the Government, while government sources reported one
case. Government reporting mechanisms for children in armed conflict
were inconsistent between agencies and regions, making it difficult to
evaluate the scope of the problem.
Other Conflict--Related Abuses.--MILF attacks and subsequent
clashes with the AFP increased the number of internally displaced
persons (IDPs). Most IDPs were in the central Mindanao provinces of
Lanao del Norte, North Cotabato, and Maguindanao (See Section 2.d.).
The NPA continued to subject military personnel, police, local
politicians, and other persons to its so-called courts for ``crimes
against the people.'' The NPA executed some of these ``defendants.''
The MILF also maintained similar ``people's courts.''
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice.
The Government owned several television and radio stations;
however, most print and electronic media were privately owned. The
media were active and expressed a wide variety of views without
restriction. Broadcast and print media were freewheeling and often
criticized for lacking rigorous journalistic ethics. They tended to
reflect the particular political or economic orientations of owners,
publishers, or patrons, some of whom were close associates of present
or past high-level officials. Special interests often used bribes and
other inducements to solicit one-sided and erroneous reports and
commentaries that supported their positions. Journalists continued to
face harassment and threats of violence from individuals critical of
their reporting.
Journalists continued to be killed. The Center for Media Freedom
and Responsibility reported six journalists killed during the year. The
Task Force Usig classified four of these cases as work-related
killings. There was also one reported abduction of a journalist.
On April 7, an unidentified assailant killed Benefredo Acabal, a
publisher and writer for a local Cavite newspaper, The Filipino
Newsmen. The case remained under investigation.
On April 27, two men killed former Iglesia ni Cristo religious sect
minister and Pampanga television host Marcos Mataro at a North Luzon
Expressway toll gate in San Simon, Pampanga. A case was filed against
suspects in a local trial court.
Task Force Usig considered the Acabal and Mataro cases not work
related.
On June 7, alleged ASG rebels abducted television reporter and
anchorwoman Ces Drilon and two of her colleagues on the island of Sulu.
The group was later released, and a Jolo mayor was implicated in the
abduction and detained. A case was pending against the mayor.
On June 30, unidentified assailants killed Fausto Bert Sison, a
local radio program host and columnist of a weekly regional bulletin in
Sariaya, Quezon. Three suspects were apprehended and the case was under
preliminary investigation by the DOJ. The motive for the killing was
unknown.
On August 4, unidentified assailants shot radio journalist Dennis
Cuesta, a program director and anchor of a local radio station in
General Santos City, affiliated with the Radio Mindanao Network.
Cuesta's reporting covered local political issues. He later died from
the injuries he sustained. The NBI filed a case against a police
officer suspect, and the case was under preliminary investigation by
the DOJ.
On August 7, Martin Roxas, an anchorman for a Radio Mindanao
Network affiliate who covered local political issues, was killed in
Roxas City, Capiz, by persons who were apprehended following the
attack. A case was filed against the suspects, who remained in police
custody.
On November 17, two men killed radio host and columnist Aresio
Padrigao. At year's end the suspects remained at large, and the case
was under investigation.
The April 2007 case of Carmelo Palacios, a police-beat reporter for
a government-run radio station, remained under investigation.
On May 28, a suspect in the December 2007 killing of radio
broadcaster Fernando Lintuan voluntarily surrendered and was detained
by authorities in Davao City.
On February 19, a regional trial court sentenced Roberto Cabal
Lopez to life in prison for the 2006 slaying of photojournalist
Prudencio Melendres in Metro Manila.
On October 20, charges were filed against the alleged planners of
the 2005 killing of journalist Marlene Esperat; the gunmen and other
parties to the killing were convicted in 2006.
On March 21, the Cebu Regional Trial Court sentenced John Lloyd
Ortiz to up to 12 years' imprisonment for the 2004 attempted murder of
journalist Cirse Torralba.
On March 5, a suspect in the 2004 killing of broadcaster Herson
Hinolan surrendered to the court, although this occurred after a key
witness withdrew his testimony.
On May 9, a trial began in the 2001 killing of radio journalist
Rolando Ureta.
Human rights NGOs frequently criticized the Government for failing
to protect journalists. The National Union of Journalists of the
Philippines accused the police and the Government of failing adequately
to investigate these killings and of subjecting journalists to
harassment and surveillance. In some situations it was difficult to
discern if violence against journalists was carried out in retribution
for their profession or if these journalists were the victims of random
crime.
On January 25, the Supreme Court chief justice advised judges to
fine rather than imprison journalists found guilty of criminal
defamation, although the judge's circular did not preclude
imprisonment, and judges retained discretion in sentencing.
On June 5, a Makati City court judge found the publisher of The
Daily Tribune newspaper guilty of libel in a 2003 series of articles
criticizing a law firm over alleged irregularities in the contract for
the new international terminal at Ninoy Aquino International Airport.
The judge sentenced the publisher to six months to two years in prison
and ordered her to pay a fine for moral damages.
On June 27, a Makati City court dismissed the charges filed by
journalists and media organizations against government officials and
the police over the arrests of media professionals during the November
2007 attempted takeover by rebel soldiers at the Manila Peninsula
Hotel. On September 1, the CHR issued a resolution that the Government
violated the journalists' liberty, personal security, and freedom from
arbitrary arrest. The CHR referred the case to the PNP, the DOJ, and
the Department of Interior and Local Government for further
investigation.
On August 28, a court of appeals reversed its March 18 decision
that upheld a verdict of libel against staff members of a defunct
newspaper.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in peaceful
expressions of views via the Internet, including by e-mail. Internet
access was available widely.
Academic Freedom and Cultural Events.--In his April report on
extrajudicial killings, UN Special Rapporteur Philip Alston noted the
existence of the AFP intelligence service's 2005 presentation, ``Know
Your Enemy,'' which listed some press unions and student organizations
as ``enemies of the state'' or communist fronts. There were no reports
that the military used the presentation in its training curriculum
during the year.
The Government did not otherwise interfere with academic freedom.
There were no government restrictions on academic freedom or cultural
events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
generally respected this right in practice. Although the law requires
that groups request a permit to hold a rally, the Government at times
followed an unwritten policy of allowing rallies to occur without the
filing of a request. The police exhibited professionalism and restraint
in dealing with demonstrators, with few exceptions. An NGO reported
that 37 protesters were injured by police in March during the dispersal
of a protest outside the Department of Labor and Employment (DOLE)
offices in central Manila.
Freedom of Association.--The law provides for freedom of
association, and the Government generally respected this right in
practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
The Government's campaign against terrorist groups led some human
rights NGOs to accuse the police and military of acting with bias in
their treatment of Muslims.
Intermittent government efforts to integrate Muslims into political
and economic society achieved only limited success. Many Muslims
claimed that they continued to be underrepresented in senior civilian
and military positions and cited the lack of proportional Muslim
representation in national government institutions. Predominantly
Muslim provinces in Mindanao lagged far behind the rest of the country
in most aspects of socioeconomic development. The percentage of the
population under the poverty level in the Autonomous Region of Muslim
Mindanao (ARMM) was almost twice as high as the national average, with
per capita income of 15,760 pesos (approximately $354) per year.
Societal Abuses and Discrimination.--Historically, the Christian
majority has marginalized Muslims. The national culture, with its
emphasis on familial, tribal, and regional loyalties, created informal
barriers whereby access to jobs or resources is provided first to those
of one's own family or group network. Muslims reported difficulty
renting rooms or being hired for retail work if they used their real
names or wore distinctive Muslim dress. As a result, some Muslims used
Christian pseudonyms and did not wear distinctive dress when applying
for housing or jobs.
An estimated 400 to 1,000 mostly foreign nationals of Jewish
heritage lived in the country. There were no reports of anti Semitic
acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Foreign travel was limited only in rare circumstances, such as when
a citizen has a pending court case. Government authorities discouraged
travel by vulnerable workers to areas in which they face personal risk.
The Government retained its formal ban on travel to Iraq for the
purposes of employment, but the Department of Foreign Affairs estimated
6,000 Filipinos worked there. The travel ban also included Afghanistan,
Nigeria, and Lebanon. The Philippine Overseas Employment Administration
(POEA) sought to limit departures for work abroad to persons the POEA
certified as qualified for the jobs. Millions of citizens worked
overseas and remitted money home. In the first nine months of the year,
such remittances accounted for approximately 11 percent of the gross
domestic product.
Forced exile is illegal, and the Government did not use it.
Internally Displaced Persons.--Clashes between the AFP and the MILF
increased the number of IDPs. Most IDPs were in the central Mindanao
provinces of Lanao del Norte, North Cotabato, and Maguindanao. At the
height of the clashes from August to September, the National Disaster
Coordinating Council estimated there were 110,517 IDP families or
528,693 IDP individuals in Mindanao, which had been reduced to 62,849
families or 308,175 persons by December 29. Other agencies, including
the UN Development Program, the Mindanao Emergency Relief Network, and
the Red Cross provided food and essential items such as medicine,
blankets, water containers, and mosquito nets.
Protection of Refugees.--The country is a party to the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol;
however, there is no comprehensive legislation that provides for
granting refugee status or asylum. In practice the Government provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened. The refugee unit in
the DOJ determined which asylum seekers qualify as refugees; such
determinations in practice implemented many of the basic provisions of
the 1951 convention. The Government also provided temporary protection
to individuals who may not qualify as refugees under the 1951
convention or its 1967 protocol. As of August there were no reports of
the Government extending such protections.
The Government cooperated with the UNHCR and other humanitarian
organizations in assisting refugees. The UNHCR recorded 107 refugees in
2007.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right through periodic
elections that largely were free and fair and held on the basis of
universal suffrage.
Elections and Political Participation.--On August 11, more than
1.31 million of the 1.52 million registered voters from the six
provinces that make up the ARMM elected a regional governor, a regional
vice governor, and regional legislative district assemblymen. The Asian
Network for Free Elections Foundation (ANFREL) noted the Government's
commitment to make the elections as free and fair as possible. However,
there were allegations of fraud in some localities. ANFREL and other
NGO monitors noted such irregularities as phantom and multiple voting,
inadequate neutrality of voting staff, and vote buying. Monitors also
claimed that many voters did not have sufficient education about the
electronic voting machines used for the first time in this election.
The PNP and AFP recorded four election-related combat incidents
during the ARMM elections, including a bomb explosion and three armed
encounters with alleged MILF members. PNP personnel were under
investigation in a ballot--theft incident in Shariff Kabunsuan,
Maguindanao. MILF rebels were suspected as perpetrators in another
ballot--theft incident in Sumisip, Basilan.
In May 2007 midterm elections were held for senators,
representatives, provincial governors, and local government officials.
Voter turnout was high; however, incidents of violence and allegations
of fraud marred the generally free and fair conduct of elections.
In general political parties could operate without restriction.
There were no restrictions in law or practice on participation by
women and members of minorities in politics. Many women, including the
president, held positions of leadership and authority. There were four
women in the 24-seat Senate and 51 women in the 240-seat House of
Representatives. There were two women in the 22-member cabinet, six
female associate justices on the 15 member Supreme Court, and 17 women
among the 80 governors.
Along with many other citizens, Muslims argued that electing
senators from a nationwide list favored established political figures
from the Manila area, to the disadvantage of Muslims. Election of
senators by region would require a constitutional amendment, which many
Muslims and members of other groups underrepresented in the national
legislature favored. There were no Muslim senators and no Muslim
cabinet members. There were 11 Muslim members in the House of
Representatives, mostly elected from Muslim-majority provinces.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials often engaged in corrupt
practices with impunity. Both the Government and the private sector
have established a number of anticorruption bodies, including an
ombudsman's office and an anticorruption court, and public officials
were subject to financial disclosure laws. The Government prosecuted
168 officials in 276 corruption cases from January to November.
Convictions included the July 17 conviction of the governor of Samar
Province and several provincial board members; the September 10
conviction of two Mindoro Oriental district representatives, a former
vice governor, and former provincial board members; the September 11
conviction of a former mayor and former municipal treasurer in Kalinga
Province; and the October 29 conviction of a former ARMM regional
governor and two of his staff. The Government pursued cases against
high-ranking officials at the Government Service Insurance System and
the Department of Environment and Natural Resources.
The law provides for the right to information on matters of public
concern. However, denial of such information often occurred when the
information related to an anomaly or irregularity in government
transactions. Much government information was not available
electronically and was difficult to retrieve.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views. The CHR and,
to some extent, the PNP responded to and investigated cases of human
rights abuses, as requested by NGOs. Human rights activists continued
to encounter occasional harassment, mainly from security forces or
local officials from the area in which incidents under investigation
took place. The Presidential Human Rights Committee did not include
representation from NGOs, which some groups claimed reduced their
ability to participate in the Government's human rights initiatives.
The CHR is mandated to protect and promote human rights. It is
empowered to investigate all human rights violations and to monitor the
Government's compliance with international human rights treaty
obligations. The CHR has authority to make recommendations regarding
military and higher-level police promotions. The commission has a
chairperson and four members. CHR monitoring and investigating
continued to be hamstrung by insufficient resources. Approximately one-
third of the country's 42,000 barangays (villages) had human rights
action centers, which coordinated with CHR regional offices; however,
the CHR's regional and subregional offices remained understaffed and
underfunded. The CHR nationwide budget for the year was 214.27 million
pesos (approximately $4.82 million).
The CHR reported that armed men fired on CHR investigators in July
during a field investigation in Linawan, Basilan. The CHR was pursuing
an inquiry with the AFP, which denied its members were responsible for
the incident. The CHR faced difficulty accessing military sites to
conduct its searches for missing or detained persons. On September 16,
the AFP refused entry to a joint CHR congressional delegation intending
to visit prisoners at Fort Bonifacio near Manila.
The Government cooperated with international organizations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination against women, children, and
minorities; however, vague regulations and budgetary constraints
hindered implementation of these protections.
Women.--Rape, including spousal rape, is illegal, but enforcement
was ineffective. Rape continued to be a problem, with most cases
unreported. At year's end the PNP reported 3,549 rape cases, more than
four times the 2007 figure. The increase may be attributable to
improved reporting capability through women's and children's desks at
police stations. There were reports of rape and sexual abuse of women
in police or protective custody-often women from marginalized groups,
such as suspected prostitutes, drug users, and lower-income individuals
arrested for minor crimes.
Violence against women remained a serious problem. The law
criminalizes physical, sexual, and psychological harm or abuse to women
and their children committed by their spouses or partners. As of
December the PNP reported 706 cases of wife battering and physical
injuries. This number likely underreported significantly the level of
violence against women.
A local women's support group noted that, in smaller localities,
perpetrators of abuse sometimes used personal relationships with local
authorities to avoid prosecution. On other occasions women who sought
to file complaints through the police were told to pay special fees
before their complaints could be registered.
The PNP and the Department of Social Welfare and Development (DSWD)
both maintained help desks to assist victims of violence against women
and to encourage the reporting of crimes. With the assistance of NGOs,
officers received gender sensitivity training to deal with victims of
sexual crimes and domestic violence. Approximately 9 percent of PNP
officers were women. The PNP has a Women and Children's Unit to deal
with these issues.
Prostitution is illegal but was a widespread problem. Many women
suffered exposure to violence through their recruitment, often through
deception, into prostitution. Penalties for prostitution are light, but
detained prostitutes were sometimes subjected to administrative
indignities and extortion. The DSWD continued to provide temporary
shelter and counseling to women engaged in prostitution. Through year's
end, DSWD provided temporary shelter and counseling to 103 women who
were victims of involuntary prostitution. Some local officials
discouraged the prosecution of those who exploited prostitutes. There
were no convictions under the provision of the law criminalizing the
act of engaging the services of a prostitute.
Sex tourism and trafficking in persons for sexual exploitation and
forced labor were serious problems.
The law prohibits sexual harassment. However, sexual harassment in
the workplace was widespread and underreported due to victims' fear of
losing their jobs. Sexual harassment at a shoe factory in Muntinlupa
City spurred unionization and a strike in July; in November management
reinstated dismissed employees and recognized the workers' union.
Female employees in special economic zones were particularly at
risk; most were economic migrants who had no independent workers'
organization to assist with filing complaints. Women in the retail
industry worked on three-- to five month contracts and were often
reluctant to report sexual harassment for fear their contracts would
not be renewed. There were reports that some firms took action against
female employees who became pregnant.
The law does not provide for divorce, although courts generally
recognize the legality of divorces obtained in other countries if one
of the parties is a foreign national. The Government recognizes
religious annulment, but the process can be costly, which precludes
annulment as an option for many women. Many lower-income couples simply
separated informally without severing their marital ties. The family
code provides that in child custody cases resulting from annulment,
illegitimacy, or divorce in another country, children under the age of
seven are placed in the care of the mother unless there is a court
order to the contrary. Children over the age of seven normally also
remained with the mother, although the father could dispute custody
through the courts.
In law, but not always in practice, women have most of the rights
and protections accorded to men. Although they faced workplace
discrimination, women continued to occupy senior positions in the
workforce. In a January labor force survey, 57 percent of government
officials, corporate executives, managers, and supervisors were women.
The unemployment rate for women was 6.7 percent, while the rate for men
was 7.8 percent.
The National Commission on the Role of Filipino Women, composed of
10 government officials and 11 NGO leaders appointed by the president,
acted as an oversight body whose goal is to press for effective
implementation of programs benefiting women.
Children.--The Government devoted considerable resources to the
education, welfare, and development of children. The Department of
Education's (DepEd) 12 percent share of the national budget was the
largest of any cabinet department. Nevertheless, children faced serious
problems.
Elementary and secondary education is free and compulsory through
age 11, but the quality of education remained poor. During the year
according to DepEd figures, the estimated annual per pupil expenditure
for basic education was 7,789 pesos (approximately $175). The public
school enrollment rate was 76 percent. According to the 2007 UNICEF
Mid--Term Review, boys were more likely than girls to drop out of
school.
Child abuse remained a problem. Through year's end, DSWD offices
served 5,663 victims of child abuse, of whom 70 percent were girls.
Approximately 50 percent of the girls were victims of sexual abuse,
while 3 percent were victims of sexual exploitation. Several cities ran
crisis centers for abused women and children. The problem of foreign
pedophiles continued, and the Government continued to prosecute accused
pedophiles vigorously. Some children also were victims of police abuse
while in detention for committing minor crimes.
Child prostitution continued to be a serious problem. During the
year, the DOLE ordered the closure of two establishments in the cities
of Cebu and Lapu--Lapu for allegedly prostituting minors. Trials in
these cases continued at year's end. One NGO reported that
pornographers forced some children to engage in pornographic activity.
The NPA and ASG continued to recruit minors both as combatants and
noncombatants (See Section 1.g.).
The Government estimated that there were at least 22,000 street
children nationwide, while UNICEF estimated that there were
approximately 250,000 street children. Many street children appeared to
be abandoned and engaged in scavenging or begging. At year's end DSWD
provided services to 238 street children nationwide. NGOs reported that
some children engaged in petty crime were targets of vigilante groups
(See Section 1.a.).
A variety of national executive orders and laws provide for the
welfare and protection of children. Police stations have child and
youth relations officers to ensure that child suspects are treated
appropriately. However, procedural safeguards were often ignored in
practice. The BJMP stated that 4,213 minors were held on ``preventive
detention'' while their trials were underway, and an additional 130
children, convicted from January to November, were serving sentences.
Many child suspects were detained for extended periods without access
to social workers and lawyers and were not segregated from adult
criminals. NGOs believed that children held in integrated conditions
with adults were highly vulnerable to sexual abuse, recruitment into
gangs, forced labor, torture, and other ill treatment. There were also
reports that many children detained in jails appeared to have been
arrested without warrants.
During the year government agencies and NGOs transferred 69 minor
prisoners to DSWD rehabilitation centers and continued to work to
secure the release of minors wrongfully imprisoned and of those below
15 years of age. DSWD ran 11 regional youth rehabilitation centers for
juvenile offenders. There were three detention centers for children in
Manila.
Trafficking in Persons.--Trafficking in persons is prohibited under
the law, which defines several activities related to trafficking in
persons as illegal and imposes stiff penalties--up to life
imprisonment--for convicted offenders. Nonetheless, trafficking
remained a serious problem. The country was a source, transit point,
and destination for men, women, and children trafficked for the
purposes of sexual exploitation and forced labor. A significant number
of men and women who migrated abroad for work were subjected to
conditions of involuntary servitude in the Middle East, North America,
and other parts of Asia. Women were trafficked abroad for commercial
sexual exploitation, primarily to Japan, Malaysia, Singapore, Hong
Kong, South Korea, and countries in the Middle East and Western Europe.
Women and children were also trafficked within the country, primarily
from rural areas to urban areas for forced labor as domestic workers
and factory workers and for sexual exploitation. A smaller number of
women were occasionally trafficked from China, South Korea, Japan, and
Russia to the country for sexual exploitation. Child sex tourism
continued to be a serious problem, with sex tourists coming from
Northeast Asia, Europe, and North America to engage in sexual activity
with minors.
Both adults and children were trafficked domestically from poor,
rural areas in the southern and central parts of the country to major
urban centers, especially Metro Manila and Cebu, but also increasingly
to cities in Mindanao. A significant percentage of the victims of
internal trafficking were from Mindanao and were fleeing the poverty
and violence in their home areas. Approximately 75 percent of the
trafficking victims provided with temporary shelter and counseling by
the NGO Visayan Forum Foundation were from Mindanao. The Visayan region
was also a source of trafficking victims. Women and girls were far more
at risk of becoming victims of trafficking than men and boys.
Traffickers targeted persons seeking overseas employment. An
estimated eight million Filipinos worked overseas, approximately 10
percent of the population and 20 percent of the workforce. Most
recruits were females ages 13 to 30 from poor farming families. The
traffickers generally were private employment recruiters and their
partners in organized crime. Many recruiters targeted persons from
their own hometowns, promising respectable and lucrative jobs.
Although the Government pursued trafficking cases under the
antitrafficking law as well as other related laws, its efforts were
hampered by slowness of the courts, resource constraints within law
enforcement agencies, corruption, and general inefficiency of the
judicial system.
The DOJ assigned responsibility to 20 prosecutors who, in addition
to their regular workloads, also handled the preliminary investigation
and prosecution of trafficking cases at the national level. There were
95 prosecutors at the regional, provincial, and municipal levels with
similar responsibilities for trafficking. The principal investigative
agencies were the National Bureau of Investigation, the Bureau of
Immigration, the Philippine Center for Transnational Crimes, and the
PNP's Criminal Investigation and Detection Group, with the
participation of other members of the Interagency Council Against
Trafficking. The Government cooperated with international
investigations of trafficking. The ombudsman created a task force for
trafficking-related corruption cases. Corruption among law enforcement
agents remained a particular obstacle to better antitrafficking
performance. It was widely believed that some government officials were
involved in, or at least permit, trafficking operations within the
country.
On June 30, a woman was convicted and sentenced to life
imprisonment for trafficking seven minors for sexual exploitation. On
October 10, a Zamboanga City court sentenced a human trafficker to 30
years in prison for the 2004 illegal recruitment and trafficking of two
women to Malaysia. On November 28, the Paranaque regional trial court
fined and sentenced two traffickers to 20 years in prison for
trafficking four minors in Albay Province. On December 4, a court
acquitted an accused trafficker charged with transporting minors with
the intent of forcing them into prostitution because the minors were
rescued before they were actually forced into prostitution. From
January to November, 162 new cases of trafficking were filed for
prosecution, of which 37 were pending trial. A high vacancy rate among
judges, among other factors, significantly slowed trial times.
Victims faced exposure to sexually transmitted or other infectious
diseases and were vulnerable to beatings, sexual abuse, and
humiliation.
There was anecdotal evidence that some lower-level officials such
as customs officers, border guards, immigration officials, local
police, or others received bribes from traffickers or otherwise
facilitated trafficking. On September 17, an officer of the Bureau of
Immigration at Ninoy Aquino International Airport was apprehended for
her alleged role in aiding the trafficking of 17 Mindanao minors to
Syria and Jordan. On October 22, a city prosecutor dismissed the charge
against the officer for insufficient evidence, but filed trafficking
charges against two accomplices. The Government expanded trafficking
awareness training to include officials at international ports of entry
and developed standard operating procedures for trafficking task forces
at these entry points.
The Government increased efforts to protect victims of trafficking,
although it continued to rely on NGOs and international organizations
to provide services to victims. Victims were not penalized for any
crimes committed as a direct result of being trafficked. The
Government, in conjunction with NGO partners, assisted victims by
providing temporary residency status and relief from deportation;
shelter; and access to legal, medical, and psychological services.
Through December DSWD provided temporary shelter and social services to
153 women and 153 juvenile victims of trafficking. Additional
protective services included hot lines for reporting cases and the
operation of 24 hour halfway houses in 13 regions of the country to
assist victims.
The Government rarely deported or charged victims of trafficking
with crimes; however, police sometimes charged women in prostitution
with vagrancy. There were no reliable statistics indicating whether
these individuals were victims of trafficking.
Victims may file civil suits or seek legal action against
traffickers. Most victims who chose to do so filed charges of illegal
recruitment. The Government actively encouraged victims to assist in
the investigation and prosecution of trafficking and related crimes.
The NGO International Justice Mission (IJM), employing private
investigators and lawyers, coordinated with the Government in an effort
to increase the number of prosecutions on behalf of victims of
trafficking and commercial sexual exploitation. Cases were prosecuted
in coordination with DOJ prosecutors. IJM initiated 41 cases under the
antitrafficking in persons law, and 18 of these cases were pending.
Numerous government agencies and officials, as well as NGOs and
international organizations, continued to support public information
campaigns against trafficking. The Government supported programs to
prevent trafficking, such as the promotion of women's participation in
economic decision making and efforts to keep children in school. The
Government provided skills training to women, lessening the need for
them to go to urban centers or overseas for employment. However,
funding remained limited.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with disabilities in employment,
education, access to health care, and other social services. The law
provides for equal physical access for persons with both physical and
mental disabilities to all public buildings and establishments. The
National Council for the Welfare of Disabled Persons formulates
policies and coordinates the activities of all government agencies for
the rehabilitation, self-development, and self-reliance of persons with
disabilities and their integration into the mainstream of society. The
DOLE's Bureau of Local Employment (BLE) maintained registers of persons
with disabilities indicating their skills and abilities. BLE monitored
private and public places of employment for violations of labor
standards regarding persons with disabilities and also promoted the
establishment of cooperatives and self-employment projects for persons
with disabilities. One NGO reported that the Government had limited
means to assist persons with disabilities in finding employment, and
such persons had limited recourse when their rights were violated
because of the financial barriers to filing a lawsuit.
DSWD operated two assisted living centers in Metro Manila, and five
community based vocational centers for persons with disabilities
nationwide. Assisted-living centers were understaffed and underfunded.
At year's end the DSWD provided services to 1,869 persons with
disabilities.
Advocates for persons with disabilities contended that equal access
laws were ineffective because implementing regulations were weak,
funding was insufficient, and government programs were inadequately
focused on integration. Many public buildings, particularly older ones,
lacked functioning elevators. Many schools had architectural barriers
that made attendance difficult for persons with disabilities.
Government efforts to improve access to transportation for persons
with disabilities were limited. Two of Manila's three light-rail lines
were wheelchair accessible; however, many stops had unrepaired, out-of-
service elevators. Buses lacked wheelchair lifts, and there were
reports of taxi drivers who failed to stop for passengers in
wheelchairs. A small number of sidewalks had wheelchair ramps, which
were often blocked, crumbling, or too steep. The situation was worse in
many smaller cities and towns. One NGO claimed that private
transportation providers, such as taxis, often overcharged persons with
disabilities or refused service.
The constitution provides for the right of persons with physical
disabilities to vote; however, persons with mental disabilities are
disqualified from voting. Persons with physical disabilities are
allowed to vote with the assistance of a person of their choice. In
practice many persons with disabilities did not vote because of the
above barriers.
Indigenous People.--Indigenous people lived throughout the country
but primarily in the mountainous areas of northern and central Luzon
and in Mindanao. They accounted for approximately 14 million or 16
percent of the national population, with over 34 percent of the total
in Mindanao. Although no specific laws discriminate against indigenous
people, the remoteness of the areas that many inhabit as well as
cultural bias prevented their full integration into society. Indigenous
children suffered from lack of health, education, and other basic
services. NGOs estimated that up to 70 percent of indigenous youth left
or never attended school because of the discrimination they
experienced.
Indigenous people suffered disproportionately from armed conflict,
including displacement from their homes, because they often inhabited
mountainous areas favored by guerrillas. Their lands were often the
sites of armed encounters, and various parties to the fighting
recruited many indigenous people.
A National Commission on Indigenous People (NCIP), staffed by
tribal members, implemented constitutional provisions to protect
indigenous people. During the year NCIP had a budget of 587 million
pesos (approximately $13.2 million). At year's end the NCIP had awarded
Certificates of Ancestral Land and Ancestral Domain Titles covering
over 2.67 million acres of land claimed by indigenous people. It
awarded such ``ancestral domain lands'' on the basis of communal
ownership, stopping sale of the lands by tribal leaders. The law
requires a process of informed consultation and written consent by the
indigenous group to allow mining on tribal lands and assigns indigenous
groups the responsibility to preserve their domains from
environmentally inappropriate development. Some NGOs expressed concern
that the law was not adequately enforced and that the rights of
indigenous communities, including the right to prior consent, were not
always protected.
Other Societal Abuses and Discrimination.--There was some societal
discrimination based on sexual orientation, including in employment and
education.
The law prohibits all forms of discrimination against persons with
HIV/AIDS and provides basic health and social services for these
persons. However, there was some evidence of discrimination against
HIV/AIDS patients in the provision of health care, housing, and
insurance services. The rate of HIV/AIDS remained low, although the
rate of infection was believed to be underreported. Overseas workers
were required to participate in an HIV/AIDS class as part of a
predeparture orientation seminar.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right of
workers, including most public employees, with the exception of the
military and the police, to form and join trade unions. Trade unions
are independent of the Government. Unions have the right to form or
join federations or other labor groups.
At year's end the Bureau of Labor Relations reported 141 registered
labor federations and 15,537 private sector unions. The 1.9 million
union members represented approximately 5 percent of the total
workforce of 36.45 million. The number of firms using contractual
labor, primarily large employers, continued to grow. There were 1,693
public sector unions, with a total membership of 352,182 or
approximately 20 percent of the total employed persons in the public
sector.
In May 2007 a new labor law lowered the requirements for union
registration. On November 8, the DOLE issued the implementing rules and
regulations for this law.
The International Trade Union Confederation (ITUC) and other labor
rights advocacy groups expressed concern at killings, abductions, and
other attacks on labor leaders and supporters and urged the Government
to increase efforts in investigating these attacks. Through December,
the Center for Trade Union and Human Rights (CTUHR) documented three
cases of killings, including the March 10 killing of labor leader Gerry
Cristobal in Cavite (See Section 1.a.), the July 19 killing of former
chairperson of the Compostela Workers Association, Maximo Baranda, and
the November 10 killing of worker's advocate and Bayan Muna coordinator
Rolando Antolihao in Compostela. Apart from this, the CTUHR documented
32 cases of threats, harassment, and intimidation affecting 479 workers
and labor advocates, 11 cases of physical assault, and five cases of
violent dispersal of protests.
During the year the International Labor Organization (ILO)
Committee on Freedom of Association (CFA) issued decisions on two cases
and pursued investigations in three other cases, including a 2006
complaint by a labor federation alleging human rights violations, for
which a government response to the ILO inquiry was still pending.
Subject to procedural restrictions, strikes in the private sector
are legal; however, unions are required to provide strike notice,
respect mandatory cooling-off periods, and obtain majority member
approval before calling a strike. By law, the reason for striking must
be relevant to the labor contract or the law, and all means of
reconciliation must have been exhausted. The DOLE secretary may
intervene in some labor disputes by assuming jurisdiction and mandating
a settlement if the secretary decides that the company affected by the
strike is vital to the national interest. Labor rights advocates
criticized the Government for intervening in labor disputes in sectors
that were not vital to the national economy. In August the National
Labor Relations Commission (NLRC) issued a temporary restraining order
against striking workers and members of the Associated Labor Union--
Trade Union Congress of the Philippines who were protesting against
Gaisano Capital South and Gaisano Capital Mactan the day after the
management asked the agency to intervene. In November, citing the
company's contribution to the national economy, the secretary of labor
intervened to prevent workers at garment maker and exporter Triumph
International from going on strike.
Government workers are prohibited from joining strikes under threat
of automatic dismissal. Government workers may file complaints with the
Civil Service Commission, which handles administrative cases and
arbitrates disputes between workers and their employers. In August the
Pampanga governor dismissed some 40 workers at a government-owned
quarry after they staged a second strike over alleged administrative
irregularities. At year's end the workers had not been reinstated.
The DOLE reported five strikes involving 1,115 workers from January
to September. The American Center for International Labor Solidarity
reported four strikes involving 910 workers.
In June at least 13 workers at Hanjin Garments Inc; a Korean owned
firm located in Cabuyao, Laguna, were injured and four others arrested
following dispersal by local authorities. Workers sought to regularize
the employment status of contractual workers who had worked at the
company for several years.
Although the labor code provides that union officers who knowingly
participate in an illegal strike may be dismissed and, if convicted,
imprisoned for up to three years, there has never been a conviction
under this provision.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively. The labor
code provides for this right for employees both in the private sector
and in corporations owned or controlled by the Government. A similar
right is afforded to most government workers. Collective bargaining was
practiced; however, it was subject to hindrance and union leaders may
be subject to reprisal. International labor organizations noted that
collective bargaining in the public sector was limited. Through year's
end the total number of private-- and public sector workers covered by
collective bargaining agreements was recorded at 282,683 (approximately
14.5 percent of union members and less than 1 percent of the total
workforce).
Allegations of intimidation and discrimination in connection with
union activities are grounds for review before the quasi judicial NLRC
as possible unfair labor practices. Before disputes reach the NLRC, the
DOLE provides the services of a mediation board, which settles most of
the unfair labor practice disputes raised as grounds for strikes before
the strikes may be declared. The DOLE, through the mediation board,
also worked to improve the functioning of labor-management councils in
companies that already had unions.
Management dismissal or threatened dismissal of union members was
common. In September approximately 65 union executive officers and
members working through a contractor for a gold mining company were
dismissed a few days before a DOLE-scheduled union certification
election. In August the contractor allegedly forced members of the
union to sign a termination letter although they had a contract to work
through October.
In March the CFA responded to a 2007 complaint by several union
members at the Technical Education Services and Development Authority
(TESDA) regarding the members' work--transfer orders and their
subsequent dismissal from TESDA. The committee requested the Government
to reinstate the workers and provide compensation. Conflicting
decisions in 2007 from the Civil Service Commission called for the
reinstatement of the workers but also approved TESDA's decision to
dismiss them. In December a court of appeals ruled in favor of TESDA
management. A union representative said the organization would appeal
that decision to the Supreme Court.
Labor groups alleged that companies in Special Economic Zones
(SEZs) used frivolous lawsuits as a means of harassing union leaders.
Labor groups reported that firms used bankruptcy as a reason for
closing and dismissing workers.
Labor law applies uniformly throughout the country, including in
SEZs; however, local political leaders and officials who governed the
SEZs attempted to frustrate union organizing efforts by maintaining
union-free or strike-free policies. The ITUC in its 2007 Annual Survey
maintained that the DOLE was unable or unwilling to enforce labor law
in the SEZs. A conflict over interpretation of the SEZ law's provisions
for labor inspection further obstructed the enforcement of workers'
rights to organize. The DOLE can conduct inspections of SEZs and
establishments located there, although local zone directors claimed
authority to conduct their own inspections as part of the zones'
privileges intended by congress. Hiring often was controlled tightly
through SEZ labor centers. Union successes in organizing in the SEZs
have been few and marginal in part due to organizers' restricted access
to the closely guarded zones and the propensity among zone
establishments to adopt fixed--term, casual, temporary, or seasonal
employment contracts.
Labor groups claimed that government security forces stationed near
industrial areas were intended to intimidate workers attempting to
organize.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced labor, including forced and compulsory labor by children;
however, there were some reports of forced and compulsory labor,
particularly by children, mainly in prostitution, drug trafficking,
domestic service, and other areas of the informal sector (See Sections
5 and 6.d.).
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children under the age of 15, except
under the direct and sole responsibility of parents or guardians or in
cases in which employment in cinema, theater, radio, or television is
essential to the integrity of the production. The law allows employment
of those between the ages of 15 and 18 for such hours and periods of
the day as are determined by the DOLE secretary but forbids the
employment of persons less than 18 years of age in hazardous or
dangerous work. However, child labor remained a common problem, and a
significant number of children were employed in the informal sector of
the urban economy as domestic workers or as unpaid family workers in
rural agricultural areas--some as bonded laborers. The Government
estimated that there were approximately four million working children,
an estimated half of whom were exposed to hazardous working
environments, in industries such as quarrying, mining, deep sea
fishing, pyrotechnic production, and agriculture, especially sugar cane
plantations.
Most child labor occurred in the informal economy, often in family
settings. The Government, in coordination with a number of domestic
NGOs and international organizations, implemented programs to develop
safer options for children, return them to school, and offer families
viable economic alternatives to child labor. Although the Government
made attempts to devote more resources to child labor programs during
the year, resources remained inadequate.
The Government and NGOs implemented programs to prevent the
engagement of children in exploitive child labor; they educated
communities on child labor and provided counseling and other activities
for children. The DOLE and the DepEd worked with NGOs to assist
children to return to school, and UNICEF and the ILO continued to work
with the Government on programs for the reduction of child labor. The
Government also imposed fines and instituted criminal prosecutions for
child labor violations in the formal sector, such as in manufacturing.
The trial continued for a Metro Manila garment factory that employed 10
child laborers. The DOLE continued its efforts to remove child workers
from hazardous situations. From January to June, the DOLE conducted 16
rescue operations, removing 59 minors.
e. Acceptable Conditions of Work.--The national minimum wage did
not provide a decent standard of living for a worker and family.
Tripartite regional wage boards set minimum wages, and they increased
minimum wages slightly during the year. Under a new law, minimum wage
earners are exempt from paying income tax. The highest minimum wage
rates were in the National Capital Region, where the minimum daily wage
for nonagricultural workers was 382 pesos ($8.59). The lowest minimum
wage rates were in the Southern Tagalog Region, where daily
agricultural wages were 187 pesos ($4.20). The regional wage board
orders covered all private sector workers except domestic servants and
others employed in the service of another person. Boards exempted some
newly established companies and other employers from the rules because
of factors such as business size, industry sector, export intensity,
financial distress, and level of capitalization. These exemptions
excluded substantial numbers of workers from coverage under the law.
Through year's end the regional wage boards granted minimum wage
exemption applications to 256 establishments, a 48 percent increase
over 2007. Unions have filed complaints about the minimum wage
exemption policies.
Violation of minimum wage standards and the use of contract
employees to avoid the payment of required benefits were common,
including in the Government-designated SEZs, where tax benefits were
used to encourage the growth of export industries. According to a year-
end Bureau of Working Conditions report, 11,531 of 26,169 inspected
firms were found to have violated labor or occupational safety and
health standards. Many firms hired employees for less than the minimum
apprentice rates, even if there was no approved training in their
production-line work. The DOLE inspects establishments that employ 10
to 199 workers to determine compliance with national labor laws and
international core labor standards. Establishments employing 200 or
more persons and unionized establishments with collective bargaining
agreements are subject to a self-assessment of compliance with labor
standards. The DOLE provided training and advisory services to
enterprises with less than 10 workers to help them comply with national
labor laws and core labor standards. At year's end, 18 percent (4,664
out of 26,169) of commercial establishments inspected by the DOLE were
not in compliance with the prevailing minimum wage. The DOLE
acknowledged that the shortage of inspectors made it difficult to
enforce the law. In addition to fines, the Government also used
administrative procedures and moral suasion to encourage employers to
rectify violations voluntarily. Complaints about nonpayment of social
security contributions, bonuses, and overtime were particularly common
with regard to companies in SEZs.
By law the standard legal workweek is 48 hours for most categories
of industrial workers and 40 hours for government workers, with an
eight-hour per day limit. The Government mandates an overtime rate of
125 percent of the hourly rate on ordinary days and 130 percent on rest
days and holidays. The law mandates one day of rest each week. However,
there is no legal limit on the number of overtime hours that an
employer may require. The DOLE conducted only sporadic inspections to
enforce limits on workweek hours. From January to December, 153 DOLE
labor inspectors made 26,169 inspections to check on companies'
compliance with general labor and working standards. Labor groups
maintained that forced overtime was common.
On January 22, the DOLE in the Southern Tagalog region ordered a
Korean-owned garment factory to pay back wages, but, by May 1, only a
portion of the workers had been paid.
The law provides for a comprehensive set of occupational safety and
health standards. The DOLE has responsibility for policy formulation
and review of these standards, but with too few inspectors nationwide,
local authorities often must carry out enforcement. The DOLE continued
a campaign to promote safer work environments in small enterprises.
Statistics on actual work related accidents and illnesses were
incomplete, as incidents (especially in agriculture) were
underreported. At year's end the DOLE conducted inspections of 7,129
establishments on occupational safety standards compliance, 6,353 or 80
percent of which were able to comply upon inspection. Workers do not
have a legally protected right to remove themselves from dangerous work
situations without risking loss of employment.
There were work-related deaths and injuries during the year,
including the death of five employees and injury of eight others at
Hanjin Heavy Industries, a shipbuilding firm in Subic Bay. An
investigation by the Subic Bay Metropolitan Authority revealed several
safety lapses.
The Government and several NGOs worked to protect the rights of the
country's overseas citizens, most of whom were temporary or contract
workers. The Government placed financial sanctions on and criminal
charges against domestic recruiting agencies found guilty of unfair
labor practices. Although the POEA registered and supervised domestic
recruiters' practices successfully, the authorities sometimes lacked
sufficient resources to ensure workers' protection overseas. It sought
cooperation from receiving countries and proposed migrant worker rights
conventions in international forums. The Government also provided
assistance through its diplomatic missions in countries with
substantial numbers of migrant workers.
In November trade unions called on the POEA to eliminate a
provision in POEA's sample contract that lists involvement in trade
union activities as a valid reason for terminating employment. The POEA
subsequently removed the sample contract from its Web site.
The labor laws protect foreign workers in the country. Foreign
workers must obtain work permits and may not engage in certain
occupations. Typically their work conditions were better than those
faced by citizens. They are not allowed to join or form unions.
__________
SAMOA
Samoa is a constitutional parliamentary democracy that incorporates
traditional practices into its governmental system. Its population was
approximately 188,000. Executive authority is vested in Head of State
Tui Atua Tupua Tamasese Efi, elected by parliament in 2007. The
unicameral parliament, elected by universal suffrage, is composed
primarily of the heads of extended families, or matai. The most recent
parliamentary elections, held in 2006, were marred by charges of
bribery. All 10 by-elections subsequently ordered by the Supreme Court
were concluded by February 2007 and considered generally free and fair.
The ruling Human Rights Protection Party (HRPP) increased its majority
and continued to be the only officially recognized party in parliament.
Civilian authorities generally maintained effective control of the
security forces.
The Government generally respected the human rights of its
citizens. Some problems remained, however, including poor prison
conditions, local limitations on religious freedom, domestic violence,
and discrimination against women and non-matai.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and the
Government generally observed these prohibitions in practice. Tafaigata
Prison's former ``Cell Nine,'' in which inmates previously had been
held with no lights, bedding, or sanitary facilities, was renovated to
hold new inmates.
During the year a nongovernmental organization (NGO) brought to
light a complaint from a former inmate at the Oloamanu Juvenile Center
alleging that a senior police officer forced him into an unwanted
sexual relationship in 2007. At year's end the Professional Standards
Unit of the Ministry of Police was investigating the allegation.
Prison and Detention Center Conditions.--Prison conditions remained
poor, especially for male inmates. Some prison facilities were nearly a
century old. Only basic provisions were made with respect to food,
water, and sanitation. Diplomatic observers reported that each concrete
cell held 10 to 15 inmates. Most cells had gravel floors, no toilets,
poor ventilation, and almost no lighting. Some juveniles were held with
adults. At year's end construction work continued on parts of a new
separate facility for juveniles, the Oloamanu Juvenile Center, although
the facility held a limited number of juveniles. Physical conditions at
the juvenile center were generally better than those for adults, but
there were unconfirmed reports of problems with food, clothing, and the
water supply.
Inmates were employed in various activities outside prisons,
including work in government officials' private residences and
companies. Because the Government regarded this work as a form of
rehabilitation and preferable for the inmates to confinement in prison,
the prisoners were not always paid for this work. The assignments
reportedly were voluntary and periodically inspected by prison staff.
The Government permitted visits by independent human rights
observers; however, there were no known requests during the year. The
Government permitted family members and church representatives to visit
prisons every two weeks.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--The country has a small
national police force. Enforcement of rules and security within
individual villages is vested in the fono (Council of Matai).
A commissioner for police and prisons administration is appointed
to a three-year term and reports to the minister of police. Corruption
and impunity were not significant problems among the police, although
there were credible reports of minor instances of bribery, such as
bribes to avoid traffic citations. A lack of resources limited police
effectiveness.
In September a special commission of inquiry was set up to
investigate alleged involvement of the police commissioner in the
smuggling of three firearms onboard the police patrol boat; at year's
end the inquiry was ongoing.
The 2007 case of an assistant police commissioner accused of
indecent assault against two female police officers went to trial
during the year but was delayed due to absence on maternity leave of
one of the witnesses; the trial was expected to resume in 2009.
Arrest and Detention.--The Supreme Court issues arrest warrants
based on sufficient evidence. The law provides for the right to a
prompt judicial determination regarding the legality of detention, and
the authorities generally respected this right in practice. Detainees
are informed within 24 hours of the charges against them, or they are
released. There was a functioning system of bail. Detainees were
allowed prompt access to family members and a lawyer of their choice.
If the detainee is indigent, the Government provides a lawyer.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
The judiciary consists of the District Court, the Lands and Titles
Court, the Supreme Court, and the Court of Appeal. The Court of Appeal,
the highest court, has appellate jurisdiction only and can review the
rulings of any other court. It is composed of a panel of retired New
Zealand judges and sits once a year for several weeks.
Due to staff shortages, some Supreme Court and District Court
judges faced a backlog of pending cases. Of particular concern were
postponements of rulings on constitutional cases that in some cases
dated back years.
Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
A trial judge examines evidence and determines if there are grounds to
proceed. Defendants have the presumption of innocence. Trials are
public, and juries are used. Defendants have the right to be present
and to timely consultation with an attorney, at public expense if
required. Defendants may confront witnesses and present witnesses and
evidence on their own behalf. Defendants and their attorneys have
access to government held evidence, and defendants have the right to
appeal a verdict. The law extends these rights to all citizens.
Many civil and criminal matters were handled by village fono, which
varied considerably in their decision making styles and the number of
matai involved in the decisions. The Village Fono Act recognizes the
decisions of the fono and provides for limited appeal to the lands and
titles court and the Supreme Court. The nature and severity of the
dispute determine which court receives an appeal. A further appeal may
be made to the Court of Appeal if necessary. According to a 2000
Supreme Court ruling, fono may not infringe upon villagers' freedom of
religion, speech, assembly, or association.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, including access to a court
to bring lawsuits seeking damages for, or cessation of, human rights
violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The laws prohibit such actions, and the Government
generally respected these prohibitions in practice. However, there is
little or no privacy in villages, where there can be substantial
societal pressure on residents to grant village officials access
without a warrant.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice.
The independent media were generally active and expressed a wide
variety of views without restriction. However, the Government imposed
restrictions on media reporting with regard to a commission of inquiry
investigation into an alleged gun-smuggling incident involving the
police commissioner. Although members of the media were allowed to be
present at commission hearings, they were instructed to report only on
daily media briefings prepared by the Office of the Attorney General;
reporting of any information not included in the briefings was
prohibited. At year's end the inquiry was ongoing, and media were still
restricted in reporting on it.
The law stipulates imprisonment for any journalist who, despite a
court order, refuses to reveal a confidential source upon request from
a member of the public. However, there has been no court case invoking
this law.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Although for financial reasons private ownership of computers was
relatively uncommon, access to the Internet through Internet cafes was
generally available and widely used.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice. The constitution acknowledges an ``independent state based on
Christian principles and Samoan custom and traditions''; however, there
is no official or state denomination. The law grants each person the
right to change religion or belief and to worship or teach religion
alone or with others, but in practice the matai often choose the
religious denomination of their extended family.
Societal Abuses and Discrimination.--There were no significant
reports of societal religious discrimination. There was no organized
Jewish community in the country, and there were no reports of anti--
Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state/drl/irf/rpt.
d. Freedom of Movement, Displaced Persons, Protection of Refugees,
and Stateless Persons.--The constitution provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. However, traditional law governs villages, and village fono
regularly banned citizens from village activities or banished citizens
from the village for failing to conform to village laws or obey fono
rulings. Cases of village banishment are rarely made public. Of those
cases that became known during the year, reasons for banishment
included murder, rape, adultery, and unauthorized claims to land and
matai title. In some cases civil courts have overruled banishment
orders. Some banished persons were accepted back into the village after
performing a traditional apology ceremony called ``ifoga.''
The Government was willing to cooperate with the Office of the UN
High Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern, but the need did not arise during the year.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, but the
Government has not established a system for providing protection to
refugees. The Government received no requests during the year for
refugee status, asylum, or protection against the expulsion or return
of refugees to countries where their lives or freedom would be
threatened.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--The most recent elections,
held in 2006, were marred by charges of bribery. As a result of
election challenges filed by losing candidates, the Supreme Court
ordered 10 by elections. All the mandated by-elections were conducted
and generally considered free and fair.
The law does not prohibit the formation of opposition parties, but
there were no officially recognized opposition parties. Two members of
parliament (MPs) from the ruling HRPP resigned in disapproval of
government legislation to switch the driving side of the road; in May
they joined 10 other independent MPs to form the Tautua Samoa Party.
The former Samoa Democratic United Party disbanded, with most members
joining the new party. The new party was not officially recognized,
however, as parliamentary standing orders dictate that parties must be
registered before the general election to receive recognition. In
October organizers of protests against the driving switch (none of whom
were MPs) announced the formation of another new political party, the
People's Party. At year's end the HRPP remained the only recognized
party, with 35 parliamentary seats; independents, including those
affiliated with Tautua Samoa, held 14 seats.
While the constitution gives all citizens above age 21 the right to
vote and run for office, by social custom candidates for 47 of the 49
seats in parliament are drawn from the approximately 30,000 matai.
Matai are selected by family agreement; there is no age qualification.
Although both men and women are permitted to become matai, only 8
percent were women. Matai controlled local government through the
village fono, which were open to them alone.
There were four women in the parliament and three women in the
cabinet. Two women served as heads of constitutional offices, four
women as chief executive officers of government ministries, and three
women as general managers of government corporations.
The political rights of citizens who are not of ethnic Samoan
heritage are addressed by the reservation of two parliamentary seats
for ``at-large'' MPs. One at-large cabinet minister and MP was of mixed
European--Samoan heritage. Citizens of mixed European--Samoan or
Chinese--Samoan heritage were well represented in the civil service.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented the law effectively. Penalties ranged from several months
to several years of imprisonment if convicted. There were isolated
reports of government corruption during the year.
Public officials were not subject to financial disclosure laws;
however, such disclosure was encouraged by codes of ethics applicable
to boards of directors of government-owned corporations. The law
provides for an ombudsman to investigate complaints against government
agencies, officials, or employees, including allegations of corruption.
The ombudsman may require the Government to provide information
relating to a complaint.
In April an account officer in the Ministry of Police and two
account officers in the Ministry of Finance were charged with
embezzling 350,000 tala (approximately $125,450) in police funds. The
case was ongoing at year's end. In May a staff member of the former
South Pacific Games Authority was convicted of embezzling 43,000 tala
(approximately $15,400). In August a senior official of the Ministry of
Justice was terminated after two court files went missing. However, an
employment dispute tribunal subsequently found him innocent of
wrongdoing and offered him reinstatement.
In May the former financial controller of the Samoa Kidney
Foundation pled guilty to a 2007 charge of theft as a public servant
and was awaiting sentencing at year's end.
Under the law government information is subject to disclosure in
civil proceedings involving the Government, unless the information is
considered privileged or its disclosure would harm the public interest.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, sex,
disability, language, or social status, and the Government generally
respected these provisions in practice. However, politics and culture
reflected a heritage of matai privilege and power, and members of
certain families of high traditional status had some advantages.
Women.--The constitution prohibits abuse of women, but common
societal attitudes tolerated their physical abuse within the home, and
such abuse was common.
Rape is illegal, but there is no legal provision against spousal
rape. Many cases of rape went unreported because common societal
attitudes discouraged such reporting. In recent years authorities noted
a rise in the number of reported cases of rape, as women slowly became
more forthcoming with police. Rape cases that reached the courts were
treated seriously. The penalties for rape ranged from two years' to
life imprisonment, but a life sentence has never been imposed.
Domestic abuses typically went unreported due to social pressure
and fear of reprisal. Village fono typically punished domestic violence
offenders, but only if the abuse was considered extreme (i.e., visible
signs of physical abuse). Village religious leaders were also permitted
to intervene in domestic disputes. When police received complaints from
abused women, the Government punished the offender, including by
imprisonment. Domestic violence is charged as common criminal assault,
with terms of imprisonment ranging from several months to one year. The
Government did not keep statistics on domestic abuse cases specifically
but acknowledged the problem to be one of considerable concern.
The Ministry of Police has a 10-person Domestic Violence Unit,
which received reports of domestic abuse and worked in collaboration
with NGOs that combated domestic abuse. NGO services for abused women
included confidential hot lines, in-person counseling, victim support,
and shelters.
Prostitution is illegal but was not a major problem. The law
prohibits sexual harassment; it was not a widespread problem but was
believed to be underreported.
Women have equal rights under the constitution and statutory law,
and the traditional subordinate role of women was changing, albeit
slowly, particularly in the more conservative parts of society. The
Ministry of Women, Community, and Social Development oversees and helps
secure the rights of women. To integrate women into the economic
mainstream, the Government sponsored numerous programs, including
literacy programs and training programs for those who did not complete
high school.
A provision of labor law prohibits employment of women between
midnight and 6:00 a.m. This regulation was generally observed.
Children.--The Government made a strong commitment to the welfare
of children through the implementation of various youth programs by the
Ministry of Women, Community, and Social Development in collaboration
with the Ministries of Education and Health. Education is compulsory
through age 14; however, the Government did not enforce this law.
Public education was not free; students were required to pay some
school fees.
Law and tradition prohibit severe abuse of children, but both
tolerate corporal punishment. A recent rise in reported cases of child
abuse appeared to be due to citizens' increased awareness of the need
to report physical, emotional, and sexual abuse of children. The
Government aggressively prosecuted such cases.
In September a matai was convicted of having an unlawful sexual
relationship with a 14-year-old boy and sentenced to two-and-one-half
years' imprisonment.
The Ministry of Justice and Courts Administration and the Ministry
of Education, in collaboration with NGOs, carried out educational
activities to address domestic violence and inappropriate behavior
between adults and children and to promote human rights awareness.
Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons; however, there were no reports that persons
were trafficked to, from, through, or within the country.
There are laws against kidnapping that could be used to prosecute
trafficking-related activities. The law provides a penalty of up to 10
years in prison for kidnapping any person with the intent to transport,
imprison, or hold for service. Abducting or receiving a child under age
16 is punishable by up to seven years' imprisonment. A transnational
crimes unit monitors crimes related to trafficking in persons.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--There is no law pertaining specifically
to the status of persons with disabilities or regarding accessibility
for them. Tradition dictates that families care for persons with
disabilities, and this custom was observed widely in practice. There
were no reports of discrimination against persons with disabilities in
the areas of employment, education, access to health care, or the
provision of other state services. Many public buildings were old, and
only a few were accessible to persons with disabilities. Most new
buildings provided better access, including ramps and elevators in most
multistory buildings.
The Ministry of Women, Community, and Social Development has
responsibility for protecting the rights of persons with disabilities.
Other Societal Abuses and Discrimination.--Sodomy and ``indecency
between males'' are illegal. However, these provisions were not
actively enforced with regard to consensual homosexual acts between
adults. There were no reports of societal violence or discrimination
against homosexuals.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--Workers legally have unrestricted
rights to establish and join organizations of their own choosing. There
were no practical limitations to union membership, and approximately 20
percent of the private sector workforce was unionized. The Public
Service Association (PSA) functioned as a union for all government
workers, who comprised approximately 80 percent of the paid workforce,
excluding the self-employed.
The Supreme Court has upheld the right of government workers to
strike, subject to certain restrictions imposed principally for reasons
of public safety, and workers have exercised this right.
Workers in the private sector have the right to strike, but there
were no private-sector strikes during the year.
b. The Right to Organize and Bargain Collectively.--The law
provides workers with the right to organize and bargain collectively,
and workers exercised this right in practice. The PSA engages in
collective bargaining on behalf of government workers, including
bargaining on wages. Arbitration and mediation procedures are in place
to resolve labor disputes, although such disputes rarely arose.
There are no special laws or exemptions from regular labor laws in
the sole export processing zone.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, but matai frequently
called upon persons, including minors, to work for their villages. Most
persons did so willingly; however, the matai may compel those who do
not.
d. Prohibition of Child Labor and Minimum Age for Employment.--It
is illegal to employ children under the age of 15 except in ``safe and
light work.'' The Ministry of Labor refers complaints of illegal child
labor to the attorney general for enforcement; however, no cases were
prosecuted during the year. The law does not apply to service rendered
to family members or the matai, some of whom required children to work
for the village, primarily on village farms. The extent of this
practice varied by village, but it generally did not significantly
disrupt children's education.
Children frequently were seen vending goods and food on Apia street
corners. The Government has not made a definitive determination as to
whether this practice violates the country's labor laws, which cover
only persons who have a place of employment. Although the practice may
constitute a violation of the law, local officials mostly tolerated it.
e. Acceptable Conditions of Work.--An advisory commission to the
minister of labor sets minimum wages. There were two minimum wages:
2.00 tala (approximately $0.70) per hour for the private sector, and
2.40 tala (approximately $0.85) for the public sector. Neither provided
a decent standard of living for a worker and family unless supplemented
by other activities, such as subsistence farming and fishing. Wages in
the private sector are determined by competitive demand for the
required skills but should not be less than the minimum private-sector
wage.
The provisions of the Labor Act cover only the private sector; a
separate law, the Public Service Act, covers public-sector workers.
Labor laws stipulate a standard work week of no more than 40 hours, or
eight hours per day (excluding meal times). For the private sector,
overtime pay is specified at time and a half, with double time for work
on Sundays and public holidays and triple time for overtime on such
days. For the public sector, there is no paid overtime, but
compensatory time off is given for overtime work.
The Occupational Safety Hazard Act establishes certain rudimentary
safety and health standards for workplaces, which the Ministry of
Commerce, Industry, and Labor is responsible for enforcing. The law
also covers persons who are not workers but who are lawfully on the
premises or within the workplace during work hours. However,
independent observers reported that safety laws were not enforced
strictly, except when accidents highlighted noncompliance. Work
accidents were investigated when reports were received. Many
agricultural workers, among others, were inadequately protected from
pesticides and other dangers to health. Government education and
awareness programs addressed these concerns by providing appropriate
training and equipment to agricultural workers. Safety laws do not
apply to agricultural service rendered to the matai. While the law does
not address specifically the right of workers to remove themselves from
dangerous work situations, the commissioner of labor investigates such
cases, without jeopardy to continued employment. The Government
investigated several cases during the year. Government employees are
covered under different and more stringent regulations, which were
enforced adequately by the Public Service Commission.
__________
SINGAPORE
Singapore is a parliamentary republic in which the People's Action
Party (PAP), in power since 1959, overwhelmingly dominates politics.
The population was approximately 4.6 million, with foreign workers
accounting for nearly one fifth of the total. Opposition parties exist,
and the May 2006 parliamentary elections were generally fair and free
of tampering; however, the PAP placed formidable obstacles in the path
of political opponents. Civilian authorities generally maintained
effective control of the security forces.
The Government has broad powers to limit citizens' rights and to
handicap political opposition, which it used. Caning is an allowable
punishment for numerous offenses. The following human rights problems
also were reported: preventive detention, executive influence over the
judiciary, infringement of citizens' privacy rights, restriction of
speech and press freedom and the practice of self-censorship by
journalists, restriction of freedoms of assembly and association,
limited restriction of freedom of religion, and some trafficking in
persons.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the Government
generally respected these prohibitions.
The penal code mandates caning, in addition to imprisonment, as
punishment for approximately 30 offenses involving violence, such as
rape and robbery, and for nonviolent offenses such as vandalism, drug
trafficking, and violation of immigration laws. Caning is discretionary
for convictions on other charges involving the use of force, such as
kidnapping or voluntarily causing grievous hurt. All women, men over
age 50 or under age 16, and anyone determined medically unfit are
exempt from punishment by caning. Through September, 4,078 convicted
persons were sentenced to caning, and 98.7 percent of caning sentences
were carried out.
Prison and Detention Center Conditions.--Prison and detention
center conditions, while Spartan, generally met international
standards.
The Government did not allow human rights monitors to visit
prisons; however, diplomatic representatives were given consular access
to citizens of their countries.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police force and the armed
forces, and the Ministry of Home Affairs has effective mechanisms to
investigate and punish abuse and corruption. There were no reports of
impunity involving the security forces during the year.
Arrest and Detention.--The law provides that, in most instances,
arrests are to be carried out after issuance of an authorized warrant;
however, some laws, such as the Internal Security Act (ISA), provide
for arrests without warrants. Those arrested under warrants must be
charged before a magistrate within 48 hours. The majority of those
arrested were charged expeditiously and brought to trial. A functioning
bail system exists. Those who face criminal charges are allowed
counsel; however, there is no access to counsel during an initial
arrest and investigation before charges are filed. The Law Society
administered a legal aid plan for those who could not afford to hire an
attorney.
Some laws--the ISA, the Criminal Law (Temporary Provisions) Act
(CLA), the Misuse of Drugs Act (the drug act), and the Undesirable
Publications Act (UPA)--have provisions for arrest and detention
without a warrant, and under the ISA, CLA, and drug act, executive
branch officials can order continued detention without judicial review.
The ISA has been employed primarily against suspected security threats.
In the past these threats were Communist related; however, in recent
years the ISA has been employed against suspected terrorists. The CLA
has been employed primarily against suspected organized crime and drug
trafficking.
The ISA and the CLA permit preventive detention without trial for
the protection of public security, safety, or the maintenance of public
order. The ISA gives broad discretion to the minister for home affairs,
at the direction of the president, to order detention without filing
charges if it is determined that a person poses a threat to national
security. The initial detention may be for up to two years and may be
renewed without limitation for additional periods of up to two years at
a time. Detainees have a right to be informed of the grounds for their
detention and are entitled to counsel. However, they have no right to
challenge the substantive basis for their detention through the courts.
The ISA specifically excludes recourse to the normal judicial system
for review of a detention order made under its authority. Instead,
detainees may make representations to an advisory board, headed by a
Supreme Court justice, which reviews each detainee's case periodically
and must make a recommendation to the president within three months of
the initial detention. The president may concur with the advisory
board's recommendation that a detainee be released prior to the
expiration of the detention order, but he is not obligated to do so.
At year's end, 22 detainees were being held under the ISA as
suspected terrorists. Of these detainees, 19 were suspected of
belonging to the terrorist group Jemaah Islamiyah (JI) or to the
Philippines based Moro Islamic Liberation Front (MILF). In January the
authorities detained Muhammad Zamri Abdullah and Maksham Mohammad Shah
under the ISA for involvement in activities deemed to pose a potential
terrorist threat. The Government placed a third man, Mohammad Taufik
Andjah Asmara, under a Restriction Order (RO) limiting his movements.
In March the Government announced that it had detained alleged JI
member Rijal Yadri bin Jumari.
A religious rehabilitation program designed to wean detained
terrorists from extremist ideologies is in effect, and between January
and September, 12 detainees were released under the program. Between
January and March, five JI detainees and one MILF detainee, all held
since 2001, and JI detainee Anis bin Mohamad Mansor, held since 2004,
were released. On September 15, the Government announced that five
additional alleged JI members were released between March and
September. Three brothers, Muhamad Ismail bin Anwarul, Abdul Rashid bin
Anwarul, and Abdul Nassir bin Anwarul, held since 2006, were released
from detention on March 28 and placed on ROs. On September 14,
detainees Ab Wahab bin Ahmad and Sanin bin Riffin, held since 2002,
were released and placed on ROs. The authorities said all of the
detainees released had cooperated in investigations and responded
positively to rehabilitation.
At year's end, 41 others were on ROs. This number included both
released detainees and suspected terrorists who were never arrested. A
person subject to an RO must seek official approval for a change of
address or occupation, for overseas travel, or for participation in any
public organization or activity.
The CLA comes up for renewal every five years. Under the CLA the
minister for home affairs may order preventive detention, with the
concurrence of the public prosecutor, for an initial period of one
year, and the president may extend detention for additional periods of
up to one year at a time. The minister must provide a written statement
of the grounds for detention to the Criminal Law Advisory Committee
(CLAC) within 28 days of the order. The CLAC then reviews the case at a
private hearing. CLAC rules require that detainees be notified of the
grounds of their detention at least 10 days prior to this hearing, in
which a detainee may represent himself or be represented by a lawyer.
After the hearing the committee makes a written recommendation to the
president, who may cancel, confirm, or amend the detention order.
Persons detained under the CLA have recourse to the courts via an
application for a writ of habeas corpus. Persons detained without trial
under the CLA are entitled to counsel, but they may challenge the
substantive basis for their detention only to the CLAC. The CLA was
used almost exclusively in cases involving narcotics or criminal
organizations and has not been used for political purposes. The last
CLA renewal occurred in 2004, at which time 211 persons were in
detention under its provisions. More recent data has not been made
available. Persons who allege mistreatment while in detention may bring
criminal charges against government officials alleged to have committed
such acts.
Both the ISA and the CLA contain provisions that allow for modified
forms of detention such as curfews, residence limitations, requirements
to report regularly to the authorities, limitations on travel, and, in
the case of the ISA, restrictions on political activities and
association.
The drug act permits detention without trial. Under the drug act,
the director of the Central Narcotics Bureau (CNB) also may commit--
without trial--suspected drug abusers to a drug rehabilitation center
for a six-month period, which is extendable by a review committee of
the institution for up to a maximum of three years. As of September,
612 persons were held in drug rehabilitation centers. Under the
Intoxicating Substances Act, the CNB director may order the treatment
of a person believed to be an inhalant drug abuser for up to six
months.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence; however, in practice laws that limit judicial review
permit restrictions on constitutional rights. Some judicial officials,
especially Supreme Court judges, have ties to the ruling party and its
leaders. The president appoints judges to the Supreme Court on the
recommendation of the prime minister and in consultation with the chief
justice. The president also appoints subordinate court judges on the
recommendation of the chief justice. The term of appointment is
determined by the Legal Service Commission (LSC), of which the chief
justice is the chairman. Under the ISA and the CLA, the president and
the minister for home affairs have substantial de facto judicial power,
which explicitly (in the case of the ISA) or implicitly (in the case of
the CLA) excludes normal judicial review. These laws provide the
Government with the power to limit, on vaguely defined national
security grounds, the scope of certain fundamental liberties that
otherwise are provided for in the constitution.
Government leaders historically have used court proceedings, in
particular defamation suits, against political opponents and critics.
Both this practice and consistent awards in favor of government
plaintiffs raised questions about the relationship between the
Government and the judiciary and led to a perception that the judiciary
reflected the views of the ruling party in politically sensitive cases.
The judicial system has two levels of courts: the Supreme Court,
which includes the High Court and the Court of Appeal, and the
subordinate courts. Subordinate court judges and magistrates, as well
as public prosecutors, are civil servants whose specific assignments
are determined by the LSC, which can decide on job transfers to any of
several legal service departments. The subordinate courts handle the
great majority of civil and criminal cases in the first instance. The
High Court may hear any civil or criminal case, although it generally
limited itself to civil matters involving substantial claims and
criminal matters carrying the death penalty or imprisonment of more
than 10 years. The Court of Appeal is the highest and final court of
review for matters decided in the subordinate courts or the High Court.
Supreme Court justices may remain in office until the mandatory
retirement age of 65, after which they may continue to serve at the
Government's discretion for brief, renewable terms at full salary. Some
observers believed that the LSC's authority to rotate subordinate court
judges and magistrates and the Government's discretion with regard to
extending the tenure of Supreme Court judges beyond the age of 65
undermined the independence of the judiciary.
In addition the law provides for Islamic courts whose authority is
limited to Islamic family law, which is applicable only to Muslims.
A two-tier military court system has jurisdiction over all military
personnel, civilians in the service of the armed forces, and volunteers
when they are ordered to report for service. The system handled
approximately 450 cases each year. The Military Court of Appeal has
jurisdiction to examine an appeal from a person convicted by a
subordinate military court. Trials are public, and defendants have the
right to be present. An accused individual also has the right to
defense representation.
Trial Procedures.--The law provides for the right to a fair trial,
and independent observers viewed the judiciary as generally impartial
and independent, except in a small number of cases involving direct
challenges to the Government or the ruling party. The judicial system
provides citizens with an efficient judicial process. In normal cases
the Criminal Procedure Code provides that a charge against a defendant
must be read and explained to him as soon as it is framed by the
prosecution or the magistrate. Trials are public and heard by a judge;
there are no jury trials. Defendants have the right to be present at
their trials and to be represented by an attorney; the Law Society
administers a criminal legal aid plan for those who cannot afford to
hire an attorney. In death penalty cases, the Supreme Court appoints
two attorneys for defendants who are unable to afford their own
counsel. Defendants also have the right to question opposing witnesses,
to provide witnesses and evidence on their own behalf, and to review
government-held evidence relevant to their cases. Defendants enjoy a
presumption of innocence and the right of appeal in most cases. Despite
the general presumption of innocence, the drug act stipulates that a
person who the prosecution proves has illegal narcotics in his
possession, custody, or control shall be assumed to be aware of the
substance and places the burden on the defendant to prove otherwise.
The same law also stipulates that, if the amount of the narcotic is
above set low limits, it is the defendant's burden to prove he or she
did not have the drug for the purpose of trafficking. Convictions for
narcotics trafficking offenses carry lengthy jail sentences or the
death penalty, depending on the type and amount of the illegal
substance.
Persons detained under the ISA or CLA are not entitled to a public
trial. In addition, proceedings of the advisory board under the ISA and
CLA are not public.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is no
differentiation between civil and criminal judicial procedures. The
subordinate courts handled the majority of civil cases. Access to the
courts is open, and citizens and residents have the right to sue for
infringement of human rights. However, there were no known attempts to
use legal action against the Government for human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution does not address privacy rights;
remedies for infringement of some aspects of privacy rights are
available under statutory or common law. The Government generally
respected the privacy of homes and families; however, it had a
pervasive influence over civic and economic life and sometimes used its
broad discretionary powers to infringe on these rights. To prevent
housing segregation, the Government enforced ethnic ratios in publicly
subsidized housing where the majority of citizens lived. Normally the
police must have a warrant issued by a court to conduct a search;
however, they may search a person, home, or property without a warrant
if they decide that such a search is necessary to preserve evidence or
under the discretionary powers of the ISA, CLA, the drug act, and the
UPA.
Law enforcement agencies, including the Internal Security
Department and the Corrupt Practices Investigation Board, have
extensive networks for gathering information and conducting
surveillance and highly sophisticated capabilities to monitor telephone
and other private conversations. No court warrants are required for
such operations. It was believed that the authorities routinely
monitored telephone conversations and the use of the Internet. It was
widely believed that the authorities routinely conducted surveillance
of some opposition politicians and other government critics.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and freedom of expression but permits official
restrictions on these rights, and in practice the Government
significantly restricted freedom of speech and freedom of the press.
Government intimidation and pressure to conform resulted in self-
censorship among journalists; however, there was a moderate level of
debate in newspapers and on the Internet on some public issues such as
rising income inequality and whether to repeal a statute that bans
homosexual activity.
Under the ISA the Government may restrict or place conditions on
publications that incite violence; counsel disobedience to the law;
have the potential to arouse tensions in the country's diverse
population; or might threaten national interests, national security, or
public order. While the ISA has not been invoked in recent years
against political opponents of the Government, political opposition and
criticism remained restricted by the Government's authority to define
these powers broadly.
Government leaders urged that news media support the goals of the
elected leadership and help maintain social and religious harmony. In
addition to strict defamation and press laws, the Government's
demonstrated willingness to respond vigorously to what it considered
personal attacks on officials led journalists and editors to moderate
or limit what was published.
Citizens do not need a permit to speak at indoor public gatherings
outside the hearing or view of nonparticipants, unless the topic refers
to race or religion.
The Government effectively restricts the ability to speak freely in
public to a single location called Speakers' Corner, which is located
in a public park. Prospective speakers must be citizens or permanent
residents and must show their identification cards. In August the
Government announced it was no longer necessary for citizens to
register in advance with the police, but only to preregister the event
on-line with the Government. While it was not necessary to declare
speech topics in advance, regulations governing the Speakers' Corner
state that ``the speech should not be religious in nature and should
not have the potential to cause feelings of enmity, ill will, or
hostility between different racial or religious groups.'' On August 18,
the Government announced demonstrations would also be allowed to take
place at Speakers' Corner under the same rules and restrictions.
The Government strongly influenced both the print and electronic
media. Two companies, Singapore Press Holdings Limited (SPH) and
MediaCorp, owned all general circulation newspapers in the four
official languages--English, Chinese, Malay, and Tamil. MediaCorp was
wholly owned by a government investment company. SPH was a private
holding company with close ties to the Government; the Government must
approve (and can remove) the holders of SPH management shares, who have
the power to appoint or dismiss all directors or staff. As a result,
while newspapers printed a large and diverse selection of articles from
domestic and foreign sources, their editorials, coverage of domestic
events, and reporting of sensitive foreign relations topics usually
closely reflected government policies and the opinions of government
leaders.
Columnists' opinions and letters to the editor expressed a moderate
range of opinions on public issues.
Government-linked companies and organizations operated all domestic
broadcast television channels and almost all radio stations. Only one
radio station, the BBC World Service, was completely independent of the
Government. Some Malaysian and Indonesian television and radio
programming could be received, but satellite dishes were banned, with
few exceptions. Cable subscribers had access to seven foreign
television news channels and many entertainment channels, including
some with news programs; these were not censored.
The Media Development Authority (MDA), a statutory board under the
Ministry of Information, Communications, and the Arts (MICA), continued
to censor broadcast media, Internet sites, and all other media,
including movies, video materials, computer games, and music. Banned
publications consisted primarily of sexually oriented materials but
also included some religious and political publications. Both the MDA
and MICA developed censorship standards with the help of a citizen
advisory panel. The ISA, the UPA, and the Films Act allow the banning,
seizure, censorship, or restriction of written, visual, or musical
materials by these agencies if they determine that such materials
threaten the stability of the state, contravene moral norms, are
pornographic, show excessive or gratuitous sex and violence, glamorize
or promote drug use, or incite racial, religious, or linguistic
animosities. The MDA has the power to sanction broadcasters for airing
what it believes to be inappropriate content. All content airing
between 6 a.m. and 10 p.m. must be suitable for viewers of all ages.
A substantial number of foreign media operations were located
within the country, and a wide range of international magazines and
newspapers could be purchased uncensored. However, under the Newspaper
and Printing Press Act (NPPA), the Government may limit the circulation
of foreign publications that it determines interfere with domestic
politics. The NPPA requires foreign publications that report on
politics and current events in Southeast Asia, with circulation of 300
or more copies per issue, to register, post a S$200,000 (approximately
$150,000) bond, and name a person in the country to accept legal
service. The Government has granted exemptions to 19 of the 24
publications to which these requirements could apply. The Far Eastern
Economic Review (FEER) continued to be subject to a 2006 government ban
for failing to comply with the NPPA. Importation or possession of FEER
for sale or distribution is an offense. Readers could access FEER
through the Internet. Newspapers printed in Malaysia cannot be
imported.
The Government may limit (or ``gazette'') the circulation of
publications. The Government also may ban the circulation of domestic
and foreign publications under provisions of the ISA and the UPA. The
Broadcasting Act empowers the minister for information, communication,
and the arts to gazette or place formal restrictions on any foreign
broadcaster deemed to be engaging in domestic politics. Once gazetted,
a broadcaster can be required to obtain express permission from the
minister to continue broadcasting in the country. The Government may
impose restrictions on the number of households receiving a
broadcaster's programming, and a broadcaster may be fined up to
S$100,000 (approximately $75,000) for failing to comply.
Critics charged that government leaders used defamation lawsuits or
threats of such actions to discourage public criticism and intimidate
opposition politicians and the press. Under the country's defamation
laws, some plaintiffs can easily win substantial judgments for damages
and legal costs. Conviction on criminal defamation charges may result
in a prison sentence of up to two years, a fine, or both. There were no
known new defamation suits or threats of defamation suits against media
organizations during the year. On September 23, the High Court issued a
summary judgment in favor of the plaintiffs in the 2006 defamation suit
brought by Prime Minister Lee Hsien Loong and Minister Mentor Lee Kuan
Yew against the editor and publisher of FEER in connection with a 2006
interview with opposition politician Chee Soon Juan. On October 22,
FEER announced it would seek to appeal the judgment. If the ruling
stands, damages will be assessed at a later date.
The Attorney General may bring charges for contempt of court, and
he used this power to charge several persons who published criticisms
of the judiciary.
On June 2, the High Court found opposition party leaders Chee Soon
Juan and Chee Siok Chin guilty of contempt of court and sentenced them
to 12 and 10 days in jail, respectively. The contempt proceeding
stemmed from comments they made during a three-day hearing to determine
damages in connection with a 2006 conviction of the Chees and the
Singapore Democratic Party (SDP) for libeling Minister Mentor Lee Kwan
Yew and his son, Prime Minister Lee Hsien Loong, in an SDP newsletter
article that drew parallels between the management style of the ruling
party and that of a local charity that had been the subject of a
corruption scandal. On October 13, the High Court ordered the SDP and
the Chee siblings to pay the two Lees a total of S$610,000
(approximately $458,000), a sum that could bankrupt the SDP.
On November 24, a judge found three SDP members, including the
party's Assistant Secretary General John Tan, in contempt of court. The
attorney general brought the charges because the three attended one of
the court proceedings against Chee Soon Juan and Chee Siok Chin wearing
T-shirts bearing the image of a kangaroo in judicial robes. On November
27, the court sentenced the defendants to prison terms of 15 days (for
Tan) and seven days (for the other defendants).
On November 25, the High Court found Dow Jones, publisher of Wall
Street Journal Asia, in contempt of court for publishing three items,
including a letter to the editor, questioning the independence of the
courts from the PAP government. Dow Jones had also published in full
two rebuttals submitted by the Government. The court fined Dow Jones
S$25,000 (approximately $18,750) and ordered it to pay S$30,000
(approximately $22,500) in court costs.
Internet Freedom.--Although residents generally have unrestricted
access to the Internet, the Government subjected all Internet content
to the same rules and standards as traditional media. Internet service
providers (ISPs) are required to ensure that content complies with the
MDA's Internet code of practice. The MDA also regulates Internet
material by licensing the ISPs through which local users are required
to route their Internet connections. The law permits government
monitoring of Internet use, and the Government closely monitored
Internet activities such as blogs and podcasts. The MDA was empowered
to direct service providers to block access to Web sites that, in the
Government's view, undermined public security, national defense, racial
and religious harmony, or public morals. Political and religious Web
sites must register with the MDA. Although the MDA ordered ISPs to
block 100 specific Web sites that the Government considered
pornographic, in general the Government focused on blocking only a
small number of sites. The Internet was widely available.
In May a 24-year-old blogger was charged with posting a ``racist
rant'' on his Web site; he was released after posting an apology. In
June a visiting foreign citizen, Gopalan Nair, was arrested for
comments he made in his blog about the High Court judge presiding in
the hearing to assess damages in the Chee defamation case. He was
charged with insulting a public servant, which carried a maximum fine
of S$5,000 ($3,759) or one year in prison. In September Nair was found
guilty and sentenced to three months in prison. While Nair was serving
this sentence, the attorney general charged him with contempt of court
for posting statements critical of the judiciary on his Web site. Nair
retracted and apologized for those statements, and the court imposed no
additional punishment. In November authorities released Nair from
prison and permitted him to leave the country.
Academic Freedom and Cultural Events.--All public institutions of
higher education and political research have limited autonomy from the
Government. Although faculty members are not technically government
employees, in practice they were subject to potential government
influence. Academics spoke and published widely and engaged in debate
on social and political issues. However, they were aware that any
public comments outside the classroom or in academic publications that
ventured into prohibited areas--criticism of political leaders or
sensitive social and economic policies or comments that could disturb
ethnic or religious harmony or appeared to advocate partisan political
views--could subject them to sanctions. Publications by local academics
and members of research institutions rarely deviated substantially from
government views.
In October the local branch of Australia-based James Cook
University suspended John Tan, assistant Secretary General of the
SDP and a lecturer at the university, indefinitely from his
teaching duties after the attorney general announced his intention to
bring contempt-of-court charges against Tan for wearing a protest T-
shirt to court.
The Films Act bans political advertising using films or videos as
well as films directed towards any political purpose. The act does not
apply to any film sponsored by the Government, and the act allows the
MICA minister to exempt any film from the act.
In May the MDA censors interrupted the private screening of
political activist Seelan Palay's film One Nation Under Lee, which
portrays the country as lacking press and political freedoms. The MDA
confiscated the film because it had not been submitted to the Board of
Film Censors for classification and certification. At year's end the
Board of Film Censors still had not certified the film, with the result
that any public screening remains unlawful.
A list of banned films was available on the MDA Web site. Certain
films that were barred from general release may be allowed limited
showings, either censored or uncensored, with a special rating. In
April the MDA censors gave an NC--16 (no children below 16 years old)
rating to a documentary by filmmaker Martyn See focused on the
activities of SDP chief Chee Soon Juan and others during a three-day
protest at the Speakers' Corner.
In January the MDA stopped the Complaints Choir from performing in
public, stating that foreigners should not get involved in domestic
politics. The choir included six foreigners among its 50 members and
refused to perform without the six. The performance was moved to an
indoor venue and was recorded and posted on YouTube, where it received
over 10,000 viewings.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides citizens the right to peaceful
assembly but permits Parliament to impose restrictions ``it considers
necessary or expedient'' in the interest of security, public order, or
morality; in practice the Government restricted this right. Public
assemblies of five or more persons, including political meetings and
rallies, require police permission; however, citizens do not need
permits for some indoor speaking events. Spontaneous public gatherings
or demonstrations were virtually unknown.
On August 18, the Government announced it would relax restrictions
on public gatherings at Speakers' Corner (See Section 2.a.).
The Government closely monitored political gatherings regardless of
the number of persons present. Plain-clothes police officers often
monitored political gatherings.
Freedom of Association.--Most associations, societies, clubs,
religious groups, and other organizations with more than 10 members are
required to register with the Government under the Societies Act. The
Government denied registration to groups that it believed were likely
to have been formed for unlawful purposes or for purposes prejudicial
to public peace, welfare, or public order. The Government has absolute
discretion in applying criteria to register or dissolve societies.
During the year the Registry of Societies received 289 registration
applications. No application processed during the year was denied.
The Government prohibits organized political activities except by
groups registered as political parties or political organizations. This
prohibition limits opposition activities disproportionately and
contributes to restricting the scope of unofficial political expression
and action. The PAP was able to use nonpolitical organizations, such as
residential committees and neighborhood groups, for political purposes
far more extensively than opposition parties. Political parties and
organizations are subject to strict financial regulations, including a
ban on receiving foreign donations. Due to laws regulating the
formation of publicly active organizations, there were few
nongovernmental organizations (NGOs) apart from nonpolitical
organizations such as religious groups, ethnically oriented
organizations, and providers of welfare services.
c. Freedom of Religion.--The constitution provides for freedom of
religion; however, the Government restricted this right in some
circumstances. The constitution provides that all citizens or persons
in the country have the right to profess, practice, or propagate their
religious belief so long as such activities do not breach any other
laws relating to public order, public health, or morality.
All religious groups were subject to government scrutiny. These
groups must be registered under the Societies Act. The Maintenance of
Religious Harmony Act (MRHA) gives the Government the power to restrain
leaders and members of religious groups and institutions from carrying
out political activities, ``exciting disaffection against'' the
Government, creating ``ill will'' between religious groups, or carrying
out subversive activities. Violation of a restraining order issued
under the MRHA is a criminal offense. The act also prohibits judicial
review of its enforcement or of any possible denial of rights arising
from its implementation.
The Government played an active but limited role in religious
affairs. It did not tolerate speech or actions, including those of a
religious nature, that it interpreted as adversely affecting racial and
religious harmony. The Government may issue restraining orders barring
participation in activities adversely affecting religious harmony. The
Presidential Council for Religious Harmony reviews such orders and
makes recommendations to the president on whether to confirm, cancel,
or alter a restraining order. The Presidential Council for Minority
Rights examines all pending legislation to ensure it is not
disadvantageous to a particular group, reports to the Government on
matters that affect any racial or religious community, and investigates
complaints. The Government maintains a relationship with the Muslim
community through the Islamic Religious Council (MUIS), which was
established under the Administration of Muslim Law Act. The MUIS
advises the Government on the Muslim community's concerns, drafts a
weekly approved sermon, maintains regulatory authority over Muslim
religious matters, and oversees a fund financed by voluntary payroll
deductions and used for mosque building and social and educational
purposes.
The Jehovah's Witnesses and Unification Church are banned along
with all written materials published by the Jehovah's Witnesses'
publishing affiliates, the International Bible Students Association and
the Watch Tower Bible and Tract Society. A person in possession of
banned literature can be fined up to S$2,000 (approximately $1,500);
for holding a meeting, the fine can be as high as S$4,000 ($3,000).
There were no arrests of Unification Church members reported during the
year. The Government declined to make data available to the public
concerning arrests of Jehovah's Witnesses during the year.
While the Government did not prohibit evangelical activities, in
practice it discouraged activities that could upset intercommunal
relations, such as unsolicited public proselytizing.
Societal Abuses and Discrimination.--The size of the Jewish
community was approximately 800-1,000. There were no reports of
societal religious discrimination or of anti--Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and the law provide
for freedom of movement within the country, foreign travel, emigration,
and repatriation, and the Government generally respected these rights
in practice; however, it limited them in a few respects. The Government
cooperated with the Office of the UN High Commissioner for Refugees and
other humanitarian organizations in providing protection and assistance
to internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
Citizens' choice of where to live sometimes was limited by the
Government's legal requirement for ethnic balance in publicly
subsidized housing, in which the majority of citizens lived. The
Government required all citizens and permanent residents over the age
of 15 to register and to carry identification cards. The Government may
refuse to issue a passport and did so in the case of former ISA
detainees. Under the ISA a person's movement may be restricted.
According to official press releases, at year's end there were 41
suspected terrorists subject to such restrictions.
The law prohibits forced exile, and the Government did not employ
it.
The right of voluntary repatriation was extended to holders of
national passports. The Government actively encouraged citizens living
overseas to return home or at least to maintain active ties with the
country. A provision of the law allows for the loss of citizenship by
citizens who resided outside the country for more than 10 consecutive
years, but it was not known to have been used.
In June the authorities refused to grant Chee Siok Chin permission
to travel overseas to participate in a foreign fellowship program. She
was required to have government approval to leave the country as a
result of her bankruptcy stemming from failure to pay fines related to
a 2005 protest she and three others staged outside a government
building.
Men are required to serve 24 months of national service upon
turning 18 years of age. They also are required to undergo reserve
training up to the age of 40 (for enlisted men) or 50 (for officers).
Male citizens with national service reserve obligations are required to
advise the Ministry of Defense if they plan to travel abroad. Boys age
13 to 16+ years are issued passports that are valid for five years but
are required to obtain exit permits for trips longer than three months.
From the age of 16+ until the age of enlistment, male citizens are
granted one-year passports and are required to apply for exit permits
for travel that exceeds three months. A bond of S$75,000 (approximately
$56,250) is needed for exit permits of two years or more for both age
groups.
The law stipulates that former members of the Communist Party of
Malaya (CPM) residing outside the country must apply to the Government
to be allowed to return. They must renounce communism, sever all
organizational ties with the CPM, and pledge not to engage in
activities prejudicial to the country's internal security. In addition,
the law requires them to submit to an interview by the Internal
Security Department and to accept any restrictive conditions imposed on
them.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, to which the
country is not a party. The Government has established a system for
providing protection to refugees on a case-by-case basis. In practice,
the Government provided protection against expulsion or return of
refugees to countries where their lives or freedom would be threatened.
During the year the Government required some Burmese nationals who
held permanent residence status in Singapore to leave the country upon
expiration of their visas. The authorities determined that these
persons had attempted to hold demonstrations without approval and had
ignored police warnings. They were not required to return to Burma but
departed for third countries.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully. Opposition parties can contest elections, and
the voting and vote-counting systems are fair and free from tampering;
however, the PAP, which has held power continuously and overwhelmingly
for almost five decades, has used the Government's extensive powers to
place formidable obstacles in the path of political opponents.
Elections and Political Participation.--Following the 2006
elections, the PAP (having captured 66.6 percent of the vote) held 82
of 84 elected constituency seats in Parliament; the opposition
Singapore Democratic Alliance (13.1 percent) and the Workers' Party
(16.3 percent) each held one elected seat. Because three seats are
reserved by law for opposition parties, the Workers' Party obtained a
second, ``nonconstituency'' seat as the opposition party with the
highest vote total.
The opposition continued to criticize what it described as PAP
abuse of its incumbency advantages to handicap opposition parties. The
PAP maintained its political dominance in part by developing voter
support through effective administration and its record in bringing
economic prosperity to the country and in part by manipulating the
electoral framework, intimidating organized political opposition, and
circumscribing political discourse and action. The belief that the
Government might directly or indirectly harm the employment prospects
of opposition supporters inhibited opposition political activity;
however, there were no confirmed cases of such retaliation. As a result
of these and other factors, opposition parties were unable to challenge
seriously the ruling party. The PAP claimed that the lack of an
effective opposition was due to disorganization, weak leadership, and
the absence of persuasive alternative policies.
The PAP has an extensive grassroots system and a carefully
selected, highly disciplined membership. The establishment of
government-organized and predominantly publicly funded Community
Development Councils (CDCs) further strengthened the PAP's position.
The CDCs promoted community development and cohesion and provided
welfare and other assistance services. The PAP dominated the CDCs even
in opposition-held constituencies from which it threatened to withdraw
publicly funded benefits.
The PAP completely controlled key positions in and out of
government, influenced the press and courts, and limited opposition
political activities. Often the means were fully consistent with the
law and the normal prerogatives of a parliamentary government, but the
overall effect (and many argued the ultimate purpose) was to
disadvantage and weaken political opposition. Since 1988 the PAP
changed all but nine single-seat constituencies into group
representational constituencies (GRCs) of five to six parliamentary
seats, in which the party with a plurality wins all of the seats.
According to the constitution, such changes are permitted to ensure
ethnic minority representation in Parliament; each GRC candidate list
must contain at least one ethnic minority candidate. These changes made
it more difficult for opposition parties, all of which had very limited
memberships, to fill multimember candidate lists. The constitutional
requirement that members of Parliament resign if expelled from their
party helped ensure backbencher discipline.
Although political parties legally were free to organize, they
operated under the same limitations that applied to all organizations,
and the authorities imposed strict regulations on their constitutions,
fundraising, and accountability. There were 24 registered political
parties in the country; however, only six of these were active.
Political parties and organizations were subject to strict financial
regulations, including a ban on receiving foreign donations. Government
regulations hindered attempts by opposition parties to rent office
space in government housing blocks or to establish community
foundations. In addition government influence extended in varying
degrees to academic, community service, and other NGOs.
The law provides for a popularly elected president to be elected
for a six-year term from among candidates who are approved by a
constitutionally prescribed committee selected by the Government. In
2005 the committee decided that the PAP endorsed incumbent, President
S.R. Nathan, was the only qualified candidate out of four applicants.
The election was cancelled, and Nathan was inaugurated for a second
term. The Government placed significant obstacles in the way of
opposition political figures' presidential candidacies. For example,
opposition members were much less likely to satisfy the requirement
that candidates have experience in managing the financial affairs of a
large institution, since many of the country's large institutions were
run by or linked to the Government.
Voting is compulsory, and 95 percent of eligible voters voted.
There is no legal bar to the participation of women in political life;
women held 17 of the 84 elected parliamentary seats. There were three
female ministers of state, although none of cabinet rank. Three of the
15 Supreme Court justices were women. On April 11, the Government
appointed the country's first female solicitor general.
There are no restrictions in law or practice against minorities
voting or participating in politics; they actively participated in the
political process and were well represented throughout the Government,
except in some sensitive military positions. Malays made up
approximately 15 percent of the general population and held
approximately the same percentage of elected seats in Parliament.
Indians made up approximately 9 percent of the general population and
held approximately 11 percent of the elected seats in Parliament. There
were four ethnic Indian ministers and one ethnic Malay minister. Three
of the 14 members of the Supreme Court were ethnic Indian; there were
no Malays on the court.
Government Corruption and Transparency.--There were no reports of
government corruption during the year. In the past the Government
actively prosecuted officials involved in corruption. The salaries of
senior officials are public information, and political parties must
report donations; however, there is no financial disclosure law.
There are no laws that specifically provide for public access to
government information; however, significant amounts of information
were available on government Web sites.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Efforts by independent organizations to investigate and evaluate
government human rights policies faced the same obstacles as those
faced by opposition political parties. NGOs were subject to
registration under the Societies Act. Some domestic NGOs criticized
restrictions on human rights or suggested changes that would relax or
remove restrictions. NGOs working in the area of trafficking in persons
described cooperation from the authorities as ``excellent.''
The Presidential Council on Minority Rights monitors pending
legislation for anything possibly disadvantageous to minorities.
The Government permitted international human rights organizations
to observe human rights related court cases.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution states that all persons are equal before the law
and entitled to the equal protection of the law, and the Government
generally respected these provisions in practice; there is no explicit
provision granting equal rights to women and minorities. Mindful of the
country's history of intercommunal tension, the Government took
measures to ensure racial, ethnic, religious, and cultural
nondiscrimination. Social, economic, and cultural benefits and
facilities were available to all citizens regardless of race, religion,
or gender.
Women.--The Government enforced the law against rape, which
provides for imprisonment of up to 20 years and caning for offenders.
Under the law, rape can be committed only by a man, and spousal rape is
not a crime; however, husbands who force their wives to have
intercourse can be prosecuted for other offenses, such as assault.
During the year 10 persons were prosecuted for rape; there were two
convictions, and eight persons were awaiting trial. The Ministry of
Education and the police both carried out programs aimed at preventing
rape.
The law criminalizes domestic violence and intentional harassment;
however, violence or abuse against women occurred. A victim of domestic
violence can obtain court orders barring the spouse from the home until
the court is satisfied that the spouse has ceased aggressive behavior.
The number of court orders for protection against violent family
members increased in recent years, in part because the definition of
violence includes intimidation, continual harassment, or restraint
against one's will. The law prescribes mandatory caning and a minimum
imprisonment of two years for conviction on any charge of ``outraging
modesty'' that caused the victim fear of death or injury. The press
gave prominent coverage to instances of abuse or violence against
women. Several organizations provided assistance to abused women. The
Association of Women for Action and Research operated a hot line that
offered counseling and legal advice. The Family Protection and Welfare
Service, an office of the Ministry of Community Development, Youth, and
Sports (MCYS), documented physical and psychological abuse and provided
counseling and other support services to abused women. The Star Shelter
accepted children, women, and men and could accommodate up to 30
persons. In 2006 there were more than 2,600 applications for Personal
Protection Orders, 70 percent of which were filed by wives for
protection against their husbands. The Government did not provide more
recent data concerning such orders.
Prostitution itself is not illegal; however, public solicitation,
living on the earnings of a prostitute, and maintaining a brothel are
illegal. The authorities periodically carried out crackdowns on
solicitation for prostitution and arrested and deported foreign
prostitutes, particularly when their activities took place outside
informally designated red-light areas. In practice police unofficially
tolerated and monitored a limited number of brothels; prostitutes in
such establishments were required to undergo periodic health checks and
carry a health card.
There are no specific laws prohibiting stalking or sexual
harassment; however, the Miscellaneous Offenses Act and laws
prohibiting insults to modesty were used successfully to prosecute
these offenses. Sexual harassment was not considered a significant
problem; there was an active education program in place for workers.
Women accounted for 56 percent of civil service employees. They
enjoyed the same legal rights as men, including civil liberties,
employment, commercial activity, and education. The Women's Charter
gives women, among other rights, the rights to own property, conduct
trade, and receive divorce settlements. Muslim women enjoyed most of
the rights and protections of the Women's Charter. For the most part,
Muslim marriage falls under the administration of the Muslim Law Act,
which empowers the Shari'a (Islamic law) court to oversee such matters.
The laws allow Muslim men to practice polygyny, although requests to
take additional spouses may be refused by the Registry of Muslim
Marriages, which solicits the views of an existing wife or wives and
reviews the financial capability of the husband. During the year there
were 53 applications for polygynous marriages. As of year's end, 21 of
those applications were approved, 11 were rejected, six had been
withdrawn, and 15 remained pending. Polygynous marriages constituted
0.5 percent of Muslim marriages.
Both men and women have the right to initiate divorce proceedings;
however, in practice women faced significant difficulties that often
prevented them from pursuing such proceedings. This included the lack
of financial resources to obtain legal counsel. Men do not have the
right to seek alimony from their wives in cases of divorce or
separation.
As of June women constituted 43.3 percent of the labor force and
were well represented in many professions. The percentage of women
between the ages of 30 and 54 in the workforce increased to 68.9
percent in 2007, with 46.8 percent of women 55 and over employed.
However, women held few leadership positions in the private sector and
no cabinet level positions in the Government. Women were
overrepresented in low wage jobs such as clerks and secretaries.
Salaries for women ranged upwards from 66 percent of men's salaries
depending on the occupational grouping. In some occupations women
earned more than their male counterparts. Observers noted that the wage
differential was smaller in professional jobs and that wage disparities
could be attributed in part to differences in average educational
levels and work experience.
Children.--The Government demonstrated a strong commitment to
children's rights and welfare through well-funded systems of public
education and medical care, and access was equal for all children. The
Children and Young Persons Act created a juvenile court system and
established protective services for children orphaned, abused,
``troubled,'' and with disabilities. The MCYS worked closely with the
National Council for Social Services to oversee children's welfare
cases. Voluntary organizations operated most of the homes for children,
while the Government funded from 50 to 100 percent of living expenses
and overhead, as well as expenses for special schooling, health care,
and supervisory needs.
Some child prostitution occurred. During the year authorities
arrested 40 female prostitutes believed to be under the age of 18. In
2007 the Government revised the penal code to criminalize commercial
sex with any individual under the age of 18, whether the offense occurs
in Singapore or elsewhere. One person was prosecuted for and convicted
of this offense during the year. The age of consent remains 16 years of
age. Sexual intercourse with anyone under the age of 16 is illegal, and
the law prescribes punishment of up to five years in prison and a fine
of up to S$10,000 (approximately $7,500). The authorities may detain
persons under age 18 who are believed to be engaged in prostitution, as
well as to prosecute those who organize or profit from prostitution,
who bring women or girls to the country for prostitution, or who coerce
or deceive women or girls into prostitution.
The MCYS sponsored activities promoting children's causes,
including family stability. The ministry and several NGOs focused on
keeping fathers involved in their children's lives and on preventing
child abuse.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, the country was a destination for women and girls
trafficked from Southeast Asia and China for prostitution. A small
number of foreign domestic workers faced seriously abusive labor
conditions that amounted to involuntary servitude. Some women from
Thailand, the Philippines, China, and Indonesia who traveled to the
country voluntarily for prostitution or other work were deceived.
Three major laws govern trafficking and prostitution: the Women's
Charter, the Children and Young Persons' Act, and the penal code.
Trafficking in women and children, regardless of whether it is related
to prostitution, is punishable by up to five years' imprisonment, a
S$10,000 (approximately $7,500) fine, and caning. Traffickers could be
prosecuted under provisions governing kidnapping, abduction, slavery,
and forced labor, which carry maximum punishments of 10 years'
imprisonment and a fine. Convicted traffickers could be found guilty of
violating more than one law. There was no specific campaign to combat
or prevent the use of fraud or coercion to recruit foreign women as
prostitutes, although some persons were prosecuted and punished for
crimes involving such acts. During the year one person was prosecuted
in relation to forced prostitution and importing women under false
pretenses for the purpose of prostitution.
In practice successful investigation and prosecution of trafficking
in persons required that victims remain in or return to the country to
testify. Police urged victims to remain in the country until a case was
prosecuted, and generally they did; some abused domestics who left were
brought back to testify. Victims did not receive government assistance
during this period or at other times and sometimes were not granted
permission for alternative employment and were dependent on support
from their embassy. Laws prohibiting the harboring, aiding, or abetting
of illegal immigrants could hamper assistance to trafficking victims by
putting NGOs in the position of harboring a victim who has no legal
status; however, the authorities did not appear to investigate or
prosecute such assistance.
The authorities notified embassies of the arrest of nationals,
including for prostitution-related offenses, and allowed consular
access. Prostitutes rarely contacted embassies voluntarily, unless
detained for solicitation or immigration offenses during police sweeps.
However, victims of crimes, including domestics alleging abuse,
sometimes requested and received assistance from their embassies.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The Government maintained a
comprehensive code on barrier-free accessibility; this established
standards for facilities for persons with physical disabilities in all
new buildings and mandated the progressive upgrading of older
structures. There was no legislation addressing equal opportunities for
persons with disabilities in education or employment; however, the
National Council of Social Services, in conjunction with various
voluntary associations, provided an extensive job training and
placement program for persons with disabilities. The Government also
ran vigorous campaigns to raise public awareness of issues confronting
persons with disabilities and the services available to them. A tax
deduction of up to S$100,000 (approximately $75,000) was available to
employers to defray the expense of building modifications to benefit
employees with disabilities. The country allows guide dogs for the
blind into public places and on public transportation. During the year,
6.5 percent of public trains and buses were wheelchair accessible.
Informal provisions in education permitted university matriculation
for the visually impaired, those hard of hearing, and students with
other physical disabilities. More than 4,000 children with intellectual
disabilities attended mainstream schools. There were 20 special
education schools that enrolled approximately 4,800 students.
Approximately 20 percent of primary and secondary schools were equipped
with full-handicap facilities, and all schools were outfitted with
basic handicap facilities such as handicap toilets and first-level
wheelchair ramps. The Government provided funds for six childcare
centers to take in 60 children with special needs.
The Government allowed a tax deduction of up to S$3,500 ($2,625)
per individual for families caring for a sibling, spouse, or child with
a disability. Mental and physical disabilities were treated in the same
way. Press coverage of the activities and achievements of persons with
disabilities was extensive, and discrimination or abuse of persons with
disabilities did not appear to be a problem.
National/Racial/Ethnic Minorities.--Ethnic Malays constituted
approximately 15 percent of the population. The constitution
acknowledges them as the indigenous people of the country and charges
the Government to support and to promote their political, educational,
religious, economic, social, cultural, and language interests. The
Government took steps to encourage greater educational achievement
among Malay students. However, ethnic Malays have not yet reached the
educational or socioeconomic levels achieved by the ethnic Chinese
majority, the ethnic Indian minority, or the Eurasian community. Malays
remained underrepresented at senior corporate levels and, some
asserted, in certain sectors of the Government and the military. This
reflected their historically lower educational and economic levels, but
some argued that it also was a result of employment discrimination. The
Government issued guidelines that call for eliminating language
referring to age, gender, or ethnicity in employment advertisements;
restrictive language pertinent to job requirements, such as ``Chinese
speaker'' remains acceptable. These guidelines were generally followed.
The Presidential Council on Minority Rights examined all pending
bills to ensure that they were not disadvantageous to a particular
group. It also reported to the Government on matters that affected any
racial or religious community and investigated complaints.
Government policy enforced ethnic ratios for publicly subsidized
housing to prevent ethnic or racial ghettos.
Other Societal Abuses and Discrimination.--Some individuals with
HIV/AIDS claimed that they were socially marginalized and faced
employment discrimination if they revealed they were suffering from the
disease. The Government discouraged discrimination, supported
initiatives that countered misperceptions about HIV/AIDS, and publicly
praised employers that welcomed workers with HIV/AIDS.
Consensual homosexual sex is illegal but in practice was not
prosecuted.
Section 6. Worker Rights
a. The Right of Association.--The constitution provides all
citizens the right to form associations, including trade unions;
however, parliament may impose restrictions based on security, public
order, or morality grounds. The right of association was restricted by
the Societies Act and by labor and education laws and regulations.
Under these laws any group of 10 or more persons is required to
register with the Government. The Trade Unions Act authorizes the
formation of unions with broad rights, albeit with some narrow
restrictions such as prohibitions on the unionization of uniformed
personnel or government employees. The Amalgamated Union of Public
Employees was declared exempt from these provisions, and its scope of
representation expanded to cover all public sector employees except the
most senior civil servants.
The Trade Unions Act restricts the right of trade unions to elect
their officers and to choose whom they may employ. Foreigners and those
with criminal convictions may not hold union office or become employees
of unions. However, the minister of manpower may grant exemptions. The
Trade Unions Act limits the objectives for which unions can spend their
funds and prohibits payments to political parties or the use of funds
for political purposes. In 2007 the national labor force consisted of
approximately 2.9 million workers, nearly 500,000 of whom were
represented by 69 unions. Almost all of the unions (which represented
virtually all union members) were affiliated with the National Trade
Union Congress (NTUC), an umbrella organization with a close
relationship with the Government.
The NTUC acknowledged that its interests were linked closely with
those of the ruling PAP, a relationship often described by both as
symbiotic. The NTUC's Secretary General, Lim Swee Say, a PAP MP, was a
member of the cabinet as minister in the Prime Minister's Office. Young
PAP MPs with no union experience were often elected to leadership
positions in the NTUC or a member union. NTUC policy prohibited union
members who supported opposition parties from holding office in
affiliated unions. While the NTUC is financially independent of the
PAP, the two shared a common ideology and worked closely with
management in support of nonconfrontational labor relations. The NTUC
is free to associate regionally and internationally.
Workers in ``essential services'' are required to give 14 days'
notice to an employer before striking, and there is a prohibition on
strikes by workers in the water, gas, and electricity sectors. Other
workers have the legal right to strike but rarely did so. No specific
laws prohibit retaliation against strikers. The law provides that
before striking, 51 percent of unionized workers must vote in favor of
the strike by secret ballot, as opposed to the more common practice of
51 percent of those participating in the vote.
Most disagreements were resolved through informal consultations
with the Ministry of Manpower. If conciliation failed, the disputing
parties usually submitted their case to the tripartite Industrial
Arbitration Court (IAC), which is composed of representatives from
labor and management and chaired by a judge. In limited situations the
law provides for compulsory arbitration, which has not been used since
1980. Besides these labor dispute mechanisms and the close working
relationship and shared views among labor, management, and the
Government, the maintenance of labor peace has been a product of high
economic growth rates, regular wage increases, and a high degree of job
mobility in a virtual full employment economy.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining was a normal part of labor-management relations in the
industrial sector. The IAC must certify collective agreements before
they go into effect. The IAC may refuse certification at its discretion
on the ground of public interest. Union members may not reject
collective agreements negotiated between their union representatives
and the employer. Transfers and layoffs are excluded from the scope of
collective bargaining. However, in practice employers consulted with
unions on both issues, and the Tripartite Panel on Retrenched Workers
issued guidelines calling for early notification to unions of layoffs.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government enforced the Employment Act, which prohibits employment of
children under the age of 12. Restrictions on the employment of
children between the ages of 12 and 16 are rigorous and were fully
enforced. Children under the age of 14 generally are prohibited from
employment in the industrial sector. Exceptions include family
enterprises; children may work in a business in which only members of
the same family are employed. A child age 12 or older may be employed
in light work, subject to medical clearance. Employers must notify the
commissioner of labor within 30 days of hiring a child between the ages
of 14 and 16 and attach a medical certification of the child's fitness
for employment. The incidence of children in permanent employment was
low, and abuses were almost nonexistent.
Ministry of Manpower regulations prohibit night employment of
children and restrict industrial work for children between the ages of
14 and 16 to no more than seven hours a day, including the hours spent
in school. Children may not work on commercial vessels, with moving
machinery, on live electrical apparatus lacking effective insulation,
or in any underground job. The minister of manpower effectively
enforced these laws and regulations.
e. Acceptable Conditions of Work.--There are no laws or regulations
on minimum wages or unemployment compensation. Agreements between
management and labor were renewed every two to three years, although
wage increases were negotiated annually. The National Wages Council, a
group composed of labor, management, and government representatives,
issued yearly guidelines on raises and bonus pay that served as the
starting point for bargaining agreements. Subject to negotiation in
each enterprise, up to 10 percent of salaries was considered
``variable'' each month, allowing companies to eliminate that portion
of pay if there were financial problems. The labor market generally
offered citizens and permanent residents good working conditions and
relatively high wages, which provided a decent standard of living for a
worker and family.
The Employment Act sets the standard legal workweek at 44 hours and
provides for one rest day each week.
The Ministry of Manpower effectively enforced laws and regulations
establishing working conditions and comprehensive occupational safety
and health laws. Enforcement procedures, coupled with the promotion of
educational and training programs, were implemented to reduce the
frequency of job-related accidents. While workers have the right under
the Employment Act to remove themselves from a dangerous work
situation, their right to continued employment depended upon an
investigation of the circumstances by the ministry.
Because of a domestic labor shortage, approximately 600,000 foreign
workers were employed legally, constituting approximately 30 percent of
the total work force. There were no reliable estimates of the number of
foreigners working illegally. Most foreign workers were unskilled
laborers and household servants from other Asian countries. Foreign
workers faced no legal wage discrimination; however, they were
concentrated in low-wage, low skill jobs and were often required to
work long hours. Employers are required by law to provide their workers
with a minimum standard of housing.
Although the great majority of the approximately 180,000 maids
(mainly from the Philippines, Indonesia, and Sri Lanka) worked under
clearly outlined contracts, their low wages, dependence on their
employers for food and lodging, and relative isolation made them
vulnerable to mistreatment, abuse, and labor conditions that in some
cases could amount to involuntary servitude. The authorities fined or
imprisoned employers who abused maids. During the year the Ministry of
Manpower collected unpaid wages on behalf of maids in 276 cases. The
Government prosecuted abusive employers in numerous cases. For example
in July, a man was sentenced to 2+ years in jail for repeatedly
molesting his Indonesian maid, and, in a separate case, a housewife was
sentenced to a 20-month jail term for causing her dog to bite her maid.
In June a man was sentenced to 10 months in jail and three strokes of
the cane for molesting his domestic employee. In September two siblings
were sentenced to six weeks and 26 months in jail, respectively, for
abusing their Indonesian maid.
Public debate continued about how to prevent abuse of maids. The
Ministry of Manpower operated a demerit points system that penalized
employment agencies for violating government regulations. The
accumulated points are shown on the ministry's Web site to help
potential employers identify errant agencies. Agencies with too many
demerits faced license suspension. The ministry sets the minimum age
for maids at 23 and requires all maids to show that they had eight
years of formal education before allowing them to enter the country.
All new maids and new employers of maids must undergo mandatory
training on maids' rights and responsibilities. Maids must take a
written entrance exam that covers topics such as safety and English
comprehension. In July the ministry issued regulations that prohibit
employers both from receiving payment as consideration for employing
foreign workers and from recovering from employees any employment-
related costs, such as mandatory health insurance, fees, and training
costs.
Most maids worked six days per week from early morning until late
in the evening. The ministry required employers to deposit a maid's
salary directly into her bank account if she so requests. The ministry
also regularly distributed pamphlets in four different languages
alerting maids to their rights. The law mandates a standard employment
contract for maids and stipulates that maids are to be provided either
a minimum of one day off each month or cash compensation.
Maids often had to set aside most or all of their wages for the
first several months of employment to reimburse their placement agents.
Work permits for low-wage foreign workers may be cancelled if a worker
applies to marry or married a citizen or permanent resident.
The Employment Act protects foreign workers such as the many
employed in the construction industry; however, domestic servants are
not covered by the act and are not eligible for limited free legal
assistance from the Government. The NTUC reported that it advocated for
the rights of all migrant work-permit holders through its Migrant
Workers' Forum. In addition, the Ministry of Manpower offered
conciliation services for all employees, foreign or local. The Foreign
Workers Unit of the ministry provided free advisory and mediation
services to foreign workers experiencing problems with employers. The
Government allowed complainants to seek legal redress and operated a
hot line for maids. During the year the hot line received approximately
4,800 calls, 97 percent of which were general inquiries.
__________
SOLOMON ISLANDS
The Solomon Islands is a constitutional multiparty parliamentary
democracy with a population of approximately 566,000. Parliamentary
elections held in April 2006 were considered generally free and fair,
although there were incidents of vote buying. In December 2007 the
parliament elected Derek Sikua as prime minister. The Regional
Assistance Mission to the Solomon Islands (RAMSI), a multinational
police-centered force organized by Australia, arrived in the country in
2003 at the Government's invitation to assist in restoring law and
order and rebuilding the country's institutions following the 1998 to
2003 period of violent conflict between the Malaitan and Guadalcanalese
ethnic groups. RAMSI continued its assistance during the year, and
relations between RAMSI and the Government remained stable. Civilian
authorities generally maintained effective control of the security
forces.
The Government generally respected the human rights of its
citizens, but there were problems in some areas. Human rights problems
included lengthy pretrial detention, government corruption, and
violence and discrimination against women and minorities.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
confirmed reports of such practices during the year. There were a few
allegations by detainees that they were mistreated by police during
questioning, but they often lacked substantiating evidence.
Since its arrival in 2003, RAMSI apprehended and charged persons
allegedly responsible for human rights abuses and other criminal acts.
More than 240 persons were arrested. Most of those arrested had been
tried by year's end, although cases were still pending.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the Government permitted
visits by independent human rights observers, including the
International Committee of the Red Cross (ICRC).
d. Arbitrary Arrest and Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--A commissioner who
reports to the minister of police heads the Royal Solomon Islands
Police (RSIP) force of approximately 1,050 members. This force was
supported by 250 RAMSI officers, who served in line positions and in
logistical and finance support. During the year Police Commissioner
Mohammed Jahir Khan, a Fijian, was alleged to have abused powers, and
his contract was not renewed. Peter Marshall, a New Zealander, was
appointed acting police commissioner.
While the police were more effective under RAMSI, the RSIP
continued to be weak in investigation and reporting. The police service
has an inspection unit to monitor police discipline and performance.
Police corruption and impunity were not serious problems during the
year. However, some observers criticized that the police were more
loyal to their respective ethnic group, or wantok (extended family),
than to the Solomons as a whole.
On October 20, following an investigation by the RSIP, a police
officer from Honiara was arrested and charged with incest, indecent
assault, and attempted rape. He was removed from his duties without pay
and was released on bail. At year's end the officer was due to appear
in court at a later unspecified date.
Arrest and Detention.--The law provides for a judicial
determination of the legality of arrests. Detainees generally were
informed promptly of the charges against them and have the right to
counsel. The Public Solicitor's Office provided legal assistance to
indigent defendants. Detainees had prompt access to family members and
to counsel. Officials found to have violated civil liberties were
subject to fines and jail sentences. There was a functioning system of
bail. However, delays in adjudication of the large number of cases
before the courts resulted in lengthy pretrial detention for some
detainees.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice. On June 24, Justice Nkemdilim Amelia Izuako
was appointed as the first female judge on the High Court.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right.
Trial procedures normally operated in accordance with British
common law, with a presumption of innocence, access to attorneys, and
the right to access government-held evidence, confront witnesses, and
appeal convictions. Judges conduct trials and render verdicts; there
are no juries. Accused persons are entitled to counsel, and an attorney
was provided at public expense for indigent defendants facing serious
criminal charges.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters; local courts and magistrates'
courts have civil jurisdiction. In addition the constitution provides
that any person whose rights or freedoms have been contravened may
apply directly to the High Court for redress.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice.
Individuals were allowed to criticize the Government publicly and
privately without reprisal. The Government did not attempt to impede
criticism. However, there were reports of intimidation and evidence of
threats from criminal elements against individuals who criticized the
Government.
The independent media were active and expressed a wide variety of
views without restriction.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. In
practice cost factors and lack of infrastructure limited public access
to the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly, and the
Government generally respected this right in practice. Demonstrators
must obtain permits, which the Government generally granted.
Freedom of Association.--The constitution provides for freedom of
association, but at times the Government restricted this right. The
Government has outlawed the principal militant groups. Other groups
associated freely.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination, including anti--Semitic acts. The
Jewish community was very small.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not use it.
Native-born citizens may not be deprived of citizenship on any grounds.
Protection of Refugees.--Although party to the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, the
Government has not established a system for providing protection to
refugees. The Government did not grant refugee status or asylum during
the year. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
Elections and Political Participation.--The April 2006 national
parliamentary elections were regarded as generally free and fair,
although there was evidence of vote buying. In April 2006 rioting broke
out in Honiara immediately following the election of Snyder Rini as
prime minister. Rini resigned, and in May 2006 the parliament elected
Manasseh Sogavare as prime minister. In December 2007 Sogavare's
government lost a vote of no confidence, and parliament elected
opposition candidate Derek Sikua as prime minister.
Political parties could operate without restriction, but they were
institutionally weak, with frequent shifts in political coalitions and
unstable parliamentary majorities.
Male dominance in government limited the role of women. There were
no women in the 50-member parliament. Five women served as permanent
secretaries in the Sikua government.
There were two minority (non--Melanesian) members in parliament.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials often engaged in corrupt
practices with impunity. Government corruption and impunity in both the
executive and legislative branches continued to be serious problems.
Public officials were subject to financial disclosure laws under
the leadership code of conduct. The Office of the Leadership Code
Commission (LCC) investigates matters of misconduct involving members
of parliament (MP) or senior civil servants. If the LCC finds that
there is conclusive evidence of misconduct, the LCC sends the matter to
the Department of Public Prosecution, which can then proceed with legal
charges. The Ombudsman Commission is responsible for investigating
public complaints of government maladministration.
On August 13, MP Peter Shanel was found guilty of unlawful wounding
and possession of an unlawful weapon in a restricted area. He was
sentenced to nine months' imprisonment. An appeal in the High Court was
pending at year's end.
During the year the Solomon Islands Code Commission began
investigating 16 MPs from the National Alliance Party of Solomon
Islands (NASPI) for accepting SBD$50,000 (approximately $6,500) in
loans from Bobo Dettke, a prominent Honiara businessman and founder of
NASPI. Some alleged that the money was provided by logging companies
that wanted to influence key ministries, including the Ministries of
Finance, Forests, and Environment and Conservation. Dettke was
scheduled to appear before the LCC for a hearing in March 2009.
Due to a delay in the Court of Appeal judges' annual visit to the
country, at year's end a government appeal remained pending before the
High Court in the cases of a former East Honiara MP and a former
cabinet minister charged in 2004 and 2005, respectively, with official
corruption involving the granting of certificates of naturalization to
Chinese nationals. A court acquitted both on the basis of insufficient
evidence, and the Government appealed the verdicts.
In November 2007 a magistrate's court found MP and former Prime
Minister Allan Kemakeza guilty of intimidation, larceny, and demanding
money with menace in connection with a 2002 attack by a group of men on
a Honiara law firm that owned shares in the country's national bank. In
December 2007 the court fined Kemakeza SBD$7,500 (approximately $1,050)
and sentenced him to five months' imprisonment, reduced to two months.
At year's end the appeal was still pending due to a delay in the annual
visit of Court of Appeal judges to the first quarter of 2009.
No law provides for public access to government information. In
practice the Government generally was responsive to inquiries from the
media during the year.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views.
The Guadalcanal Peace and Reconciliation Committee was formed in
2007 to plan the reconciliation and peace process on Guadalcanal. The
Committee met in October to discuss and produce a plan for
interprovincial peace and reconciliation activities for 2009.
The constitution provides for an ombudsman, with the power to
subpoena and to investigate complaints of official abuse, mistreatment,
or unfair treatment. While the Ombudsman's Office has potentially far-
ranging powers, it was limited by a shortage of resources. In July a
new ombudsman was appointed when the Court of Appeal upheld the
decision on the ombudsman designate's appointment.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides that no person--regardless of race, place
of origin, color, or disability--shall be treated in a discriminatory
manner with respect to access to public places. The constitution
further prohibits any laws that would have discriminatory effects and
provides that no person should be treated in a discriminatory manner by
anyone acting in an official capacity. Despite constitutional and legal
protections, women remained the victims of discrimination in the male-
dominated society. Unemployment was high, and there were limited job
opportunities for persons with disabilities.
Women.--The law does not specifically address domestic violence;
however, there are provisions against common assault and rape. Violence
against women, including rape and domestic abuse, remained a serious
problem. Among the reasons cited for the failure to report many
incidents of abuse were pressure from male relatives, fear of
reprisals, feelings of shame, and cultural taboos on discussion of such
matters.
The maximum penalty for forced rape is life imprisonment. Spousal
rape is not a crime. Following RAMSI's arrival, rape charges were
brought against a number of persons. As part of a new police
curriculum, officers received specialized training on how to work with
rape victims. The police have a sexual assault unit, staffed mostly by
female officers, to combat the problem.
Although statistics were unavailable, incidents of domestic
violence appeared to be common. In the rare cases of domestic abuse
that were reported, victims often dropped charges before the court
appearance, or the case was settled out of court. The magistrates'
courts dealt with physical abuse of women as with any other assault,
although prosecutions were rare. Nongovernmental organizations (NGOs)
conducted awareness campaigns on family violence during the year. There
was one church-run facility for abused women and an NGO-supported
family center that provided counseling, legal assistance, and other
support services for women.
Prostitution is illegal, but the statutes were not enforced. There
is no law specifically against sex tourism, although such offenses
could be prosecuted under laws against prostitution.
Sexual harassment is not illegal and was a problem.
The law accords women equal legal rights, including the right to
own property. However, women were limited to customary family roles,
and this situation prevented women from taking more active roles in
economic and political life. A shortage of jobs also inhibited the
entry of women into the work force. An estimated 80 percent of women
were illiterate; this was attributed in large part to cultural
barriers. The Solomon Islands National Council of Women and other NGOs
attempted to make women more aware of their legal rights, including
voting rights, through seminars, workshops, and other activities. The
Government's Women's Development Division also addressed women's
issues.
Children.--While constrained by resources, the Government was
committed to the welfare and protection of children. During the year
major foreign assistance continued to bolster the educational system,
but education was not compulsory, and the high cost of school fees
severely limited attendance at secondary and higher institutions.
The law grants children the same general rights and protections as
adults, and there are laws designed to protect children from sexual
abuse, child labor, and neglect. Child sexual and physical abuse
remained significant problems, according to the coordinator of the
Family Support Center in Honiara. However, children generally were
respected and protected within the traditional extended family system,
in accordance with a family's financial resources and access to
services. Virtually no children were homeless or abandoned.
Both boys and girls may legally marry at age 15, and the law
permits marriage at age 14 with parental and village consent, but
marriage at such young ages did not appear to be common.
Trafficking in Persons.--The law prohibits trafficking in persons
for labor or sexual exploitation. There were no confirmed reports that
persons were trafficked to, from, through, or within the country, but
there were anecdotal reports that young women were trafficked
internally, and from China and several Southeast Asian countries, for
the purpose of sexual exploitation on foreign ships and in logging
camps.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--There is no law or national policy on
persons with disabilities, and no legislation mandates access to
buildings for such individuals. Their protection and care is left to
the extended family and NGOs. A disability center in Honiara assisted
persons with disabilities in finding employment; however, with high
unemployment countrywide and few jobs available in the formal sector,
most persons with disabilities, particularly those in rural areas, did
not find work outside of the family structure.
The Ministry of Home Affairs is responsible for protecting the
rights of persons with disabilities.
The country had one educational facility for children with
disabilities, which was supported almost entirely by the ICRC. An
education unit at the College of Higher Education, staffed by
Australian volunteers, trained teachers in the education of persons
with disabilities. Such training was compulsory for all student
teachers at the college. Persons with mental disabilities were cared
for within the family structure; there were very limited government
facilities for such persons. The Kilufi Hospital in Malaita operated a
10-bed ward for the treatment of psychiatric patients.
National/Racial/Ethnic Minorities.--The country comprises more than
27 islands with approximately 70 language groups. Many islanders see
themselves first as members of a clan, next as inhabitants of their
natal island, and only third as citizens of their nation. Tensions and
resentment between the Guadalcanalese and the Malaitans on Guadalcanal
culminated in violence beginning in 1998. The presence of RAMSI greatly
reduced ethnic tension between the two groups, and the Peace and
Reconciliation Ministry organized reconciliation ceremonies. However,
underlying problems between the two groups remained, including issues
related to jobs and land rights.
Unlike in prior years, there were no known instances of societal
discrimination against Chinese or Australians.
Other Societal Abuses and Discrimination.--Same-sex relationships
are illegal, and persons engaged in same-sex relationships were often
the subject of societal discrimination.
While there were fewer than 200 confirmed HIV/AIDS cases, there
were reports that HIV-positive individuals were often disowned by their
families.
Section 6. Worker Rights
a. The Right of Association.--The constitution implicitly
recognizes the right of workers to form or join unions, to choose their
own representatives, to determine and pursue their own views and
policies, and to engage in political activities. The courts have
confirmed these rights, and workers exercised them in practice. Only an
estimated 10 percent of the population participated in the formal
sector of the economy. According to the chief of trade unions,
approximately 55 percent of employees in the public sector and 25
percent of those in the private sector were organized.
The law permits strikes. Private-sector disputes usually were
referred quickly to the Trade Disputes Panel (TDP) for arbitration,
either before or during a strike. In practice the small percentage of
the work force in formal employment meant that employers had ample
replacement workers if disputes were not resolved quickly. However,
employees are protected from arbitrary dismissal or lockout while the
TDP is deliberating.
In May Solomon Islands Telikom workers were on a two-week strike. A
deed of settlement was drafted and was pending formal recognition by
stakeholders at year's end.
On October 21, after the Heritage Park Hotel construction workers'
demands for better pay and improved working conditions had not been
met, they went on strike for several weeks. With the assistance of a
dispute panel, a deal was reached between the hotel management and the
Solomon Islands National Union of Workers, which represented the
workers in negotiations to settle the dispute, and the employees
returned to work.
The standoff between the National Union of Workers and the Russell
Islands Plantation Estate continued during the year, and estate workers
were still on strike. At year's end the case was pending with the high
courts.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and to bargain collectively, and
unions exercised these rights. Wages and conditions of employment were
determined by collective bargaining, usually at the level of individual
firms. Disputes between labor and management that cannot be settled
between the two sides are referred to the TDP for arbitration. The
three-member TDP, composed of a chairman appointed by the judiciary, a
labor representative, and a business representative, is independent and
neutral.
The law protects workers against antiunion activity, and there were
no areas where union activity was officially discouraged.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, including by children, except as
part of a court sentence or order; however, there were some unconfirmed
reports of internal trafficking in young women for purposes of sexual
exploitation.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law forbids labor by children under the age of 12, except light
agricultural or domestic work performed in the company of parents.
Children under age 15 are barred from work in industry or on ships;
those under age 18 may not work underground or in mines. The
commissioner of labor is responsible for enforcing child labor laws,
but few resources were devoted to investigating child labor cases.
Given low wages and high unemployment, there was little incentive to
employ child labor.
e. Acceptable Conditions of Work.--The minimum wage rate was
SBD$1.50 ($0.20) per hour for all workers except those in the fishing
and agricultural sectors, who received SBD$1.25 ($0.17). The legal
minimum wage did not provide a decent standard of living for an urban
family living entirely on the cash economy. However, most families were
not dependent solely on wages for their livelihoods.
The law regulates premium pay, sick leave, the right to paid
vacations, and other conditions of service. The standard workweek is 45
hours and is limited to six days per week. There are provisions for
maternity leave and for premium pay for overtime and holiday work.
Both an active labor movement and an independent judiciary provided
enforcement of labor laws in major state and private enterprises. The
commissioner of labor, the public prosecutor, and the police are
responsible for enforcing labor laws; however, they usually reacted to
complaints rather than routinely monitoring adherence to the law. The
extent to which the law was enforced in smaller establishments and in
the subsistence sector was unclear. Safety and health laws appeared to
be adequate. The Safety at Work Act requires employers to provide a
safe working environment and forbids retribution against an employee
who seeks protection under labor regulations or removes himself from a
hazardous job site. Laws on working conditions and safety standards
apply equally to foreign workers and citizens.
__________
THAILAND
Thailand is a democratically governed constitutional monarchy with
a population of more than 65 million. The King is revered and exerts
strong informal influence. In the most recent election for the lower
house of parliament, held in December 2007, the People's Power Party
(PPP), led by Samak Sundaravej, won a plurality. A six-party coalition
elected Samak as prime minister, and he held office until a September 9
Constitutional Court ruling forced him to step down. On September 25, a
new government, headed by Somchai Wongswat, took office but stepped
down on December 2 following a Constitutional Court ruling that
dissolved his party because of electoral law violations. A government
led by Abhisit Vejjajiva was inaugurated on December 22. Earlier in the
year, a selection committee announced on February 19 the appointment of
74 senators to the 150-seat upper house of parliament. On March 2,
voters elected the remaining 76 senators to represent each province.
The election process for both legislative bodies was generally viewed
as free and fair, but there were widespread allegations of vote buying.
Civilian authorities generally maintained effective control of the
security forces, although the military continued to play a role in
maintaining internal security.
Despite a year of political instability, the country avoided
unconstitutional disruptions in governance, and the Government's
respect for human rights remained unchanged. Security forces continued
at times to use excessive force against criminal suspects, and some
elements also committed or were connected to extrajudicial, arbitrary,
and unlawful killings. Reports also linked police to disappearances.
There were reports that police tortured, beat, and otherwise abused
detainees and prisoners, many of whom were held in overcrowded and
unsanitary conditions. Police corruption was widespread. A separatist
insurgency in the southern part of the country resulted in numerous
human rights abuses, including killings, committed by ethnic Malay
Muslim insurgents, Buddhist defense volunteers, and government security
forces. The Government maintained some limits on freedom of speech,
freedom of the press, and freedom of assembly that were imposed
following the September 2006 coup. Human rights workers, particularly
those focusing on violence in the south, reported harassment and
intimidation. Trafficking in persons remained a problem. Members of
hill tribes without proper documentation continued to face restrictions
on their movement, could not own land, and were not protected by labor
laws. Government enforcement of labor laws was ineffective.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports that the Government or its agents committed any
politically motivated killings; however, security forces continued to
use excessive, and at times lethal, force against criminal suspects and
committed or were connected to numerous extrajudicial, arbitrary, and
unlawful killings, including killings by security force personnel
acting in a private capacity.
According to the Ministry of Interior's Investigation and Legal
Affairs Bureau, during the year 459 persons died in prison or police
custody, 34 due to the actions of police officers. Authorities
attributed most of the deaths to natural causes.
On March 20, members of Royal Thai Army Task Force 39 detained Imam
Yapa Koseng and his two sons in Narathiwat Province. Several detainees
saw Task Force 39 personnel beating Yapa repeatedly, after which he
died. The body was returned to the family, who alleged it showed signs
of torture. During a postmortem inquest conducted on June 30 at the
request of the family, a forensics expert testified that Yapa died as a
result of blunt force trauma, although the army maintained he died of
natural causes as concluded by its own investigation. At year's end no
member of Task Force 39 had been charged in connection with Yapa's
death. Five members of the group testified during the postmortem
inquest that they were subsequently transferred to Petchabun Province
and received punishment according to internal army procedures. On
December 25, the Narathiwat Provincial Court issued a ruling on the
postmortem inquest that concluded Yapa died in state custody at the
hands of state officials. However, the court did not explicitly
identify the perpetrators.
Reports continued that individuals were executed in apparent
extrajudicial killings following their participation in army-sponsored
reeducation centers. The Central Institute of Forensic Science stated
that it received 84 unidentifiable bodies during the year, compared
with 194 bodies in 2007.
At year's end the investigation into the March 2007 death of
Nopphon Chaiwichit in Nakhon Si Thammarat Province had been transferred
to the Crime Suppression Division in Bangkok, but no individuals had
been arrested.
The investigation into the April 2007 alleged shooting by a police
lieutenant colonel, who killed Thinnawut Phumuda and Phatphong Sisamut,
was officially closed after the Phang Nga police and the Public
Prosecutor's Office determined that the shooting was in self-defense.
The case of the December 2007 shooting by an Interior Ministry
security official in Mae Hong Son Province that killed Karenni refugee
Aie Oo reached the preliminary hearing stage of a postmortem inquest in
court to determine if murder charges could be placed against the
suspect, a local village militia member. The accused surrendered,
claimed self-defense, and was released on bail shortly after the
incident.
Court proceedings continued against the five accused gunmen
allegedly involved in the 2006 shooting of former member of parliament
Kopkul Nopamornbodee.
Due to a lack of suspects and evidence, police closed the cases of
the 2006 killings of land rights activist Saharat Suramit, Democrat
Party activist Charan Iamphaibun, and Narathiwat village headman and
human rights activist Muhammad Danai Tanyeeno.
In March the Bangkok Metropolitan Police closed the investigations
of the December 2006 bomb attacks in Bangkok and Nonthaburi, in which
three persons were killed and 32 injured.
On December 31, the criminal court sentenced lawyer Thanu Hinkaew
to life imprisonment for orchestrating the 2004 killing of
environmental activist Chaoren Wataksorn.
There were few developments in the Justice Ministry's
investigations regarding the extrajudicial killings of at least 1,300
persons in the three-month ``War on Drugs'' campaign in 2003 conducted
during the Thaksin government. In January an independent commission
reviewing the killings released a report that encouraged further
investigation of the cases but did not hold anyone accountable. The
commission was disbanded after the end of the interim government, and
its findings were considered confidential. During the June 3 session of
the UN Human Rights Council (UNHRC), the Asian Legal Resource Centre
expressed concern over the Government's lack of action in investigating
such extrajudicial killings. The Government responded that more than 50
law enforcement officers had been prosecuted, but human rights and
legal aid groups in Bangkok were unaware of these prosecutions.
According to the Thailand Mine Action Center, during the year there
were two deaths due to landmines, both of which occurred in Sisaket
Province.
b. Disappearance.--There were no reports of politically motivated
disappearances. There were no confirmed reports that individuals
disappeared after being questioned by security officials in the
southern provinces, but reports continued of individuals killed in
apparent extrajudicial killings following their participation in army-
sponsored reeducation centers.
On February 7, Kamol Laosophaphant disappeared in Khon Kaen
Province after he went to the Baan Phai police station to lodge
criminal complaints against local officials concerning state railway
land deals. His family filed complaints with the police and the Crime
Suppression Division, and at year's end an investigation was ongoing.
On February 29, Utsaman Awaenu, a navy draftee stationed in
Sattahip, Chonburi Province, disappeared. On March 3, his relatives
contacted Utsaman's navy unit and allegedly were told that he was
detained at an undisclosed location in the south. His relatives were
unable to see him and filed a complaint with the Justice Access and
Legal Protection Program.
There were no developments in the July 2007 abduction of Anukorn
Waithanomsak, an assistant to a leader of the United Front of Democracy
Against Dictatorship (UDD), a group that led rallies in opposition to
the 2006 coup.
The Government continued to investigate cases in which the Thaksin
government was suspected in the disappearance of alleged southern
insurgents; however, at year's end no individuals were charged in
connection with such incidents.
On March 12, the fourth anniversary of Muslim attorney and human
rights activist Somchai Neelaphaijit's disappearance, his wife Angkhana
Neelaphaijit addressed the UNHRC in Geneva, calling on authorities to
bring high-ranking police officers to justice and requesting the
testimony of former prime minister Thaksin as a witness based on
previous remarks that indicated his confirmation of her husband's
death. She also expressed concern over Samak's appointment of Police
General Sombat Amornwiwat, former supervisor of the five accused
persons in her husband's disappearance, to be an advisor to the
Ministry of Justice. None of the five police officers arrested in 2004
were charged with offenses connected to enforced disappearance. Police
Major Ngern Thongsuk, convicted in January 2007 of coercion for his
role in forcing Somchai into a car, allegedly died in a mudslide in
Kanchanaburi Province on September 19. His body was not found, and no
death certificate was produced. Security officials allegedly pressured
Angkhana to drop legal proceedings against Ngern due to his apparent
death. At year's end Ngern's appeal remained pending in court.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution specifically prohibits such practices,
but there is no law that specifically prohibits torture, and it is not
punishable as an offense under criminal law. Nongovernmental
organizations (NGOs) and legal entities continued to report that
members of the police and military occasionally tortured and beat
suspects to obtain confessions. There were newspaper reports of
numerous cases in which citizens accused police and other security
officials of using brutality. Investigations were undertaken in many of
the cases, including several in which the accused police officers were
suspended pending the results of internal investigations. At year's end
no military personnel had been charged or prosecuted.
On January 27, security officials arrested Ismael Tae and Amisi
Manak, Yala Rajabhat University students whom authorities suspected of
involvement with insurgent activities. Both alleged that they were
tortured by members of Yala's Task Force 11 and soldiers from a
neighboring camp in Pattani. The students were released without charge
within nine days after a complaint was filed at the Yala Court. The
incident was reported to the National Human Rights Commission (NHRC)
and the Office of the UN High Commissioner for Human Rights (UNHCHR).
Aminudeen Kaji, a religious teacher at a private Islamic school in
Songkhla, alleged that on February 5, border patrol police (BPP)
subjected him to beatings, strangulation, and suffocation with plastic
bags; boxed both temples so that his eardrums burst; stomped on his
throat; and told him to confess to crimes or choose between being
killed immediately or being killed while being made to look as if he
had tried to escape. He filed a police complaint that resulted in an
investigation of 13 BPP members but later withdrew the complaint.
On March 19 and 20, members of Task Force 39 stationed in Ruseor
District, Narathiwat, arrested Rayu Korkor, an 18-year-old villager,
along with Imam Yapa Koseng and four other men. Rayu alleged that he
witnessed Yapa's death at the hands of officials of Task Force 39
officials (See Section 1.a.). He also claimed that security officials
hung him upside down from a tree, subjected him to multiple beatings,
and pierced his fingernails, toenails, and genitalia with syringes.
Officials later transferred Rayu to Ingkayuthboriharn camp in Pattani
for medical treatment.
The NHRC reported that the 2006 suit filed by Sakhon Khamto against
police who allegedly beat her to force a confession was closed after
she did not identify the police abusers.
Prison and Detention Center Conditions.--Prison conditions were
poor. Prisons and detention centers were overcrowded. Sleeping
accommodations were insufficient, medical care was inadequate, and
communicable diseases were widespread in some prisons. Seriously ill
prisoners at times were transferred to provincial or state hospitals.
Prison authorities sometimes used solitary confinement of not more
than one month, as permitted by law, to punish male prisoners who
consistently violated prison rules or regulations, although the
Department of Corrections maintained that the average confinement was
approximately seven days. Authorities also used heavy leg irons to
control prisoners who were deemed escape risks or harmful to other
prisoners.
Approximately 28 percent of the prison population consisted of
pretrial detainees, who were not segregated from the general prison
population. Men, women, and children often were held together in police
station cells pending indictment. Separate facilities for juvenile
offenders were available in all provinces, but in some locations
juveniles were detained with adults.
Conditions in immigration detention centers (IDCs) remained poor.
The Immigration Police Bureau, reporting to the Office of the Prime
Minister, administered IDCs, which were not subject to many of the
regulations that governed the regular prison system. There were
credible reports that guards physically abused detainees in some IDCs.
Overcrowding and a lack of basic medical care continued to be serious
problems.
International observers reported continued overcrowded conditions
for detainees in Bangkok's Suan Phlu IDC. Observers alleged that
detainees were sexually and physically abused while in detention. There
were reports that detainees, including children, were not permitted to
exercise at some facilities. Provincial authorities also admitted that
overcrowding existed at the Mae Sai IDC in Chiang Rai.
A total of 158 refugees recognized by the Office of the UN High
Commissioner for Refugees (UNHCR) as persons of concern, including 80
children, remained in the Nong Khai IDC, where they had been placed in
late 2006. This number included nine children born in the IDC, whom the
UNHCR has been unable to add to their parents' cases due to lack of
access. In August officials permitted the construction of a temporary
facility to ease overcrowding. However, at year's end authorities
continued to prohibit resettlement processing or to release of the
refugees.
Access to prisons was not restricted, and the Government permitted
visits by independent human rights observers and the International
Committee of the Red Cross (ICRC). ICRC representatives were allowed to
meet prisoners without third parties present and could make repeated
visits. However, at year's end the military had not replied to ICRC
requests to visit military detention facilities in the four
southernmost provinces, where detainees allegedly were mistreated. The
UNHCR continued to be denied access to detainees at the Suvarnabhumi
Airport IDC in Bangkok based on an April 2007 government decision. In
practice UNHCR working-level officials were able to interview detainees
in Suan Phlu IDC, and in September access was improved for third
countries to process recognized refugees for resettlement.
d. Arbitrary Arrest or Detention.--The constitution specifically
prohibits arbitrary arrest and detention; however, government forces
occasionally arrested and detained persons arbitrarily. A December 2007
royal command stated that martial law, which gave the military
authority to detain persons without charge for a maximum of seven days,
remained in force in 31 of the country's 76 provinces.
The Law Society of Thailand received 200 complaints from residents
of the southern provinces that security forces made searches and
arrests by citing the emergency decree and presented warrants
afterwards. They received 100 complaints from residents in the north
that security forces made searches and arrests by citing the occurrence
of a ``flagrant offense,'' thus not requiring a warrant.
Role of the Police and Security Apparatus.--The Royal Thai Police
(RTP) has the authority to minimize threats to internal security and to
suppress criminal activity. It is under the direct supervision of the
prime minister and a 20-member police commission. The police
commissioner general is appointed by the prime minister and subject to
cabinet and royal approval. The BPP have special authority and
responsibility in border areas to combat insurgent or separatist
movements.
The February 28 implementation of the Internal Security Act created
the Internal Security Operations Command (ISOC) as a state agency under
the command of the prime minster, who acts as the ISOC director. It
includes broad powers for the military. Military and civilian personnel
comprise ISOC staff; ISOC is intended to function as a national
security force to suppress unrest. Human rights organizations and
academics criticized the bill for authorizing the ISOC director, with
approval of the cabinet, to respond to alleged threats to national
security by restricting fundamental rights and overriding civilian
administration and due process.
Corruption remained widespread among police officers. Police
officials suggested that low pay made them susceptible to bribes. There
were reports that police tortured, beat, and otherwise abused detainees
and prisoners, generally with impunity. There were also reports that
some police officers were involved in facilitating prostitution and
trafficking in women and children.
On January 25, the Office of the Narcotics Control Board (ONCB)
arrested Police Captain Nat Chonnithiwanit and seven other BPP members
for extorting money from an estimated 200 victims allegedly tortured
into confessing to drug deals in Bangkok, Kanchanaburi, and several
southern provinces. Charges included criminal conspiracy, armed
robbery, forced intrusion, threatening others with weapons, detaining
others, and abducting minors. After the ONCB announced on February 5
that it would reimburse all victims found to be falsely accused of drug
trafficking, Human Rights Watch expressed concern over threats made by
Police General Seriphisut Temiyavej to take action against anyone who
made false claims of innocence.
Complaints of police abuse can be filed directly with the superior
of the accused police officer, the Office of the Inspector General, or
the police commissioner general. The NHRC, the Law Society of Thailand,
the National Counter--Corruption Commission (NCCC), the Court of
Justice, the Ministry of Justice, and the Office of the Prime Minister
also accept complaints of police abuse and corruption, as does the
Office of the Ombudsman.
When the police department receives a complaint, an internal
investigation committee first takes up the matter and may temporarily
suspend the officer during the investigation. Various administrative
penalties exist, and serious cases can be referred to the criminal
court. The police department reported that 310 officers were under
investigation for criminal offenses between January 2007 and June 2008.
The NHRC received approximately 124 complaints of police abuse between
October 2007 and September 2008.
Procedures for investigating suspicious deaths, including deaths
occurring in police custody, require that the prosecutor, a forensic
pathologist, and a local administrator participate in the investigation
and that in most cases family members have legal representation at the
inquests. However, these procedures often were not followed. Families
rarely took advantage of a provision in the law that allows them to
bring personal lawsuits against police officers for criminal action
during arrests.
Arrest and Detention.--With few exceptions, the law requires police
to obtain a warrant from a judge prior to making an arrest. In practice
the system for issuing arrest warrants was subject to misuse by police
officers who provided false evidence to courts to obtain arrest
warrants and a tendency by the courts to automatically approve all
requests for warrants. Legal aid organizations noted that in 2007 the
Yala Provincial Court permitted 390 of 392 requests for arrest warrants
under the emergency decree. They also granted all requests for search
warrants. By law persons must be informed of likely charges against
them immediately after arrest and must be allowed to inform someone of
their arrest. The law provides for access to counsel for criminal
detainees; however, lawyers and human rights groups claimed that local
police often conducted interrogations without providing access to an
attorney. Lawyers working in the southern provinces reported that under
the emergency decree they were denied adequate access to detained
clients, and some individuals in the southern provinces reported they
were denied permission to visit detained family members. Foreign
detainees sometimes were pressured to sign confessions without the
benefit of a competent translator. The Ministry of Justice and the
Attorney General's Office sought to provide an attorney to indigent
detainees at public expense.
Under normal conditions the law requires police to submit criminal
cases to prosecutors for the filing of court charges within 48 hours of
arrest, with extensions of up to three days permitted. Prosecutors may
seek court permission to extend detentions for additional periods (up
to a maximum of 84 days for the most serious offenses) to conduct
investigations. Lawyers reported that police rarely brought cases to
court within the 48-hour period. Laws and regulations place offenses
for which the maximum penalty is less than three years under the
jurisdiction of the District Courts, which have different procedures.
In these cases police are required to submit cases to public
prosecutors within 72 hours of arrest. According to the Law Society of
Thailand, pretrial detention of criminal suspects for up to 60 days was
common.
The law provides defendants the right to bail, and the Government
generally respected this right. However, some human rights groups
reported that police frequently either did not inform detained suspects
of their right to bail or refused to recommend bail after a request was
submitted. On July 22, police arrested activist Daranee
Charnchansinlapakun on lese majeste charges following speeches at a UDD
rally on July 18 and 19. The court refused her bail, citing the
sensitive nature of her case and concern for her safety. At year's end
she remained in jail after an appellate review refused her bail on the
grounds that she posed a high risk for repeating the offense and out of
alleged concern for her safety.
Under martial law the military has the authority to detain persons
without charge for a maximum of seven days.
Amnesty.--At year's end authorities had released approximately
28,500 prisoners pardoned by the King as part of a royal amnesty
marking his 80th birthday in December 2007.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary. Although the judiciary generally was regarded as
independent, it was subject to corruption and outside influences.
According to human rights groups, the lack of progress in several high-
profile cases involving alleged abuse by the police and military
diminished the public's trust in the justice system and discouraged
some victims of human rights abuses (or their families) from seeking
justice.
The civilian judicial system has three levels of courts: courts of
first instance, courts of appeal, and the Supreme Court of Justice. In
addition there is a Constitutional Court, charged with interpreting the
constitution, and the Supreme Administrative Court, which adjudicates
cases involving government officials or state agencies. Justices
nominated to the Supreme Administrative Court are confirmed by the
Senate and a judicial commission consisting of 12 judges and four
officials appointed by the Senate and the Court of Justice Secretariat.
At year's end there were 17 Supreme Administrative Court judges; the
law allows a maximum of 23. Other judges are career civil servants
whose appointments are not subject to parliamentary review.
A separate military court hears criminal and civil cases pertaining
to military personnel as well as those brought during periods of
martial law. Islamic (Shari'a) courts hear only civil cases concerning
family and inheritance matters between Muslim parties in Yala, Pattani,
Narathiwat, and Satun provinces.
Trial Procedures.--There is no trial by jury. A single judge
decides trials for misdemeanors; two or more judges are required for
more serious cases. The constitution provides for a prompt trial,
although a large backlog of cases remained in the court system. While
most trials are public, the court may order a closed trial,
particularly in cases involving national security, the royal family,
children, or sexual abuse.
The law provides for the presumption of innocence. In ordinary
criminal courts, defendants enjoy a broad range of legal rights,
including access to a lawyer of their choosing. A government program
sought to provide free legal advice to the poor, but indigent
defendants were not automatically provided with counsel at public
expense. The Ministry of Justice and the Attorney General's Office
remained committed to providing legal aid in both civil and criminal
cases but did not allocate sufficient resources. The legal aid provided
was often done on a pro bono, ad hoc basis, and it was of a low
standard. Some NGOs reported that legal aid lawyers pressured their
clients into paying additional fees directly to them. The court is
required to appoint an attorney in cases where the defendant disputes
the charges, is indigent, or is a minor, as well as in cases where the
possible punishment is more than five years' imprisonment or death.
Most free legal aid came from private groups, including the Law Society
of Thailand and the Thai Women Lawyers Association. There is no
discovery process, so lawyers and defendants do not have access to
evidence prior to the trial. The law provides for access to courts or
administrative bodies to seek redress, and the Government generally
respected this right.
Several NGOs expressed concern over the lack of adequate protection
for witnesses, particularly in cases involving alleged wrongdoing by
the police. The Office of Witness Protection in the Ministry of Justice
had limited resources and primarily played a coordinating role. In most
cases witness protection was provided by the police, but six other
state agencies participated in the program. Witnesses, lawyers, and
activists involved in cases of alleged police abuse reported that
protection was inadequate and that they were intimidated by the police
sent to provide protection.
In March Angkhana Neelaphaijit and other participants in the
witness protection program temporarily withdrew from the program when
the Department of Special Investigations assigned police instead of
civilian officers to protect witnesses. The role of Police General
Sombat Amornwiwat, former supervisor of the five accused officers in
the disappearance of her husband, was of particular concern.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. The law provides for access
to courts and administrative bodies to bring lawsuits seeking damages
for, or cessation of, a human rights violation, and the Government
generally respected this right. However, sections 16 and 17 of the
Emergency Decree, which was in force in the three southern border
provinces, expressly excludes scrutiny by the Supreme Administrative
Court or civil or criminal proceedings against government officials,
although victims may seek compensation from a government agency
instead. During the year two high-profile rulings by the Constitutional
Court, which forced two prime ministers from office, drew allegations
of court bias from politicians disadvantaged by those rulings.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution specifically prohibits such actions,
and the Government generally respected these prohibitions in practice.
The law provides standardized procedures for issuing warrants. Martial
law gives military forces the authority to conduct searches without a
warrant, and this authority was used on some occasions during the year.
The emergency decree covering the southern provinces also allows
authorities to make searches and arrests without warrants. The Law
Society of Thailand received multiple complaints from persons in the
south claiming that security forces abused this authority; however, the
decree provides security forces broad immunity from prosecution.
There were reports that police conducted warrantless searches for
narcotics in villages in the northern provinces, although officials
sometimes cited martial law as a pretext for the search. Warrantless
searches are permitted in cases in which there is reasonable suspicion
and an urgent search is deemed necessary.
On May 27, police and officials from the Aeronautical Radio of
Thailand raided without a warrant a community radio station belonging
to the Duang Prathip Foundation, founded by former senator Prathip
Ungsongtham Hata, and halted operations. Police asserted that the
station's broadcast interrupted air traffic communications.
The investigation continued into the July 2007 incident in which
Bangkok police and military officials without a warrant confiscated
posters critical of the newly drafted constitution in front of
Prathip's residence and entered his residence for an additional search,
also without a warrant.
Security services monitored persons, including foreign visitors,
who espoused extremist or highly controversial views.
Members of indigenous hill tribes continued to face forced
evictions and relocation. Due to lack of proof of citizenship and land
ownership, they were forced to move from areas they had cultivated for
decades.
In 2007 the land committee established under the National Poverty
Reduction Program to deal with land disputes in areas affected by the
2004 tsunami was dissolved due to inactivity following the end of the
interim government.
g. Use of Excessive Force and Other Abuses in Internal Conflict.--
The internal conflict in the ethnic Malay, Muslim-majority,
southernmost provinces (Narathiwat, Pattani, Yala, and portions of
Songkhla) continued throughout the year. Insurgents carried out almost
daily bombings and attacks that caused deaths and injuries. The
emergency decree in effect for Narathiwat, Pattani, Yala, and three
districts of Songkhla gives military, police, and civilian authorities
significant powers to restrict certain basic rights and delegates
certain internal security powers to the armed forces. The decree also
provides security forces broad immunity from prosecution. The 2006
martial law, which also remained in effect in the area, gives a wide
range of power to the military.
Killings.--Government forces were accused of extrajudicial
killings, arbitrary arrests, and torture of individuals suspected of
involvement with separatists. As a result of a series of increasingly
provocative attacks by suspected insurgents, tension between the local
ethnic Malay Muslim and ethnic Thai Buddhist communities continued to
grow, alongside a distrust of security officials. NGOs alleged that
during the year security forces extrajudicially killed an estimated
dozen individuals suspected of involvement with the insurgency,
although army officials denied these allegations.
On January 27, an estimated 100 soldiers killed two suspected
insurgents during a raid in Ban Tan Namtip Village, Chumphon Province.
On March 18, according to the Asian Human Rights Commission and the
Working Group for Justice and Peace, 60 members of Task Force 39
allegedly shot and killed Sakri Loama in Ba Ngoe Muwa, Narathiwat, and
detained his son-in-law, Sukrinai Loamar. Sukrinai was allegedly
tortured before being transferred to Ingkayuthboriharn camp in Pattani
and then to the Ruesor police station. Sukrinai's family reported
seeing dried blood on his clothing and claimed that a Ruesor police
report recorded his injuries but did not provide specific details.
According to Issara News Institute statistics, during the year
separatist violence resulted in the deaths of 546 individuals in 1,056
incidents. However, other sources believed the death toll was higher.
According to police statistics, between October 2007 and September at
least 694 civilians were killed as a result of 1,472 incidents linked
to separatist violence. As in previous years, the separatists
frequently targeted government and religious representatives, including
teachers, monks, and district and municipal officials, but also
Buddhist and Muslim civilians. In July insurgents allegedly issued a
fatwa that permitted the targeting of students.
Between January 1 and 15, suspected insurgents staged a series of
shootings and bombings in Narathiwat, Pattani, and Yala that killed
three persons and injured 78. On January 24, a teacher was shot and
killed in Khok Pho District, Pattani. In February suspected insurgents
killed six persons and injured 35 in a series of bombings and
shootings. On March 15, car bombs exploded in Pattani and Yala, killing
three persons and injuring many others, including in a hotel in
Pattani.
On January 3 and 10, roadside bombs seriously wounded 12 soldiers
belonging to a teacher escort in Yaring District, Pattani, and in
Narathiwat; according to security officials, two suspects were arrested
and later confessed to the incident.
Suspected insurgents carried out large-scale attacks in June and
July, including a June 21 attack on a passenger train in Ra Ngae
District that killed four persons. On July 2, suspected insurgents shot
and killed Veera Muenjan, the principal of Ban Ma Hae school, resulting
in the closure of 55 government schools for several days. Also on July
2, Wanna Sisuan, a Buddhist, was shot and killed in Narathiwat. A note
found next to her body stated that Buddhists would be killed in
retaliation for the deaths of ethnic Malay Muslims. On August 21, car
bombs exploded in Sungai Golok, Narathiwat, killing a journalist and
two rescue workers.
Some government-backed civilian defense volunteers, most of them
ethnic Thai Buddhists from villages in the south, continued to receive
basic training and weapons from the Ministry of Interior and security
forces. Human rights organizations expressed concerns about vigilantism
against ethnic Malay Muslims by these defense volunteers and other
civilians. On July 5, three ethnic Malay Muslims were killed when
unknown attackers opened fired on a teashop not far from where Buddhist
elementary school principal Veera Muenjan was shot on July 2.
Police continued investigating the February 2007 attacks in
Narathiwat, Pattani, Yala, and Songkhla that killed nine persons and
injured approximately 70. Authorities issued 15 arrest warrants for the
March 2007 ambush of a van in Yala that killed eight Buddhist
passengers. Two of the 15 suspects were killed during clashes with
authorities at other locations.
No arrests were made for the March 2007 attacks on ethnic Malay
Muslims in which three were killed and 20 injured in Yala following the
deaths of eight ethnic Thai Buddhists in an ambush on the same day.
Police continued to investigate the April 2007 killings of four ethnic
Malay Muslim youths in Yala by what the press reported were government-
backed ethnic Thai Buddhist village defense volunteers.
Police identified five suspects in the May 2007 killing of seven
soldiers in Narathiwat; the case was pending review by the public
prosecutor. A police investigation continued in the May 2007 explosions
in Hat Yai City in Songkhla. Police arrested three suspects in the May
2007 bombing of Saba Yoi District market in Songkhla.
There were no developments in the investigation of the September
2007 killing of Imam Wae-asae Madeng in Narathiwat and the October 2007
killing of Imam Asae Dengsa, also in Narathiwat. No arrests were made
in the investigation of the November 2007 incident in which suspected
insurgents reportedly killed a Muslim man, allegedly for cooperating
with security officials.
The April 2007 inquest by the Songkhla Provincial Court into the
deaths of 78 ethnic Malay Muslim detainees at Tak Bai in 2004 resulted
in additional inquests. The Krue Se inquest started in December 2007
and was expected to finish in January 2009. The Tak Bai inquest was
conducted between March and May; however, the court did not publicize
its findings. NGOs alleged that local military officials threatened
witnesses in the inquest to prevent them from testifying. At year's end
no individuals had been arrested in connection with the October 2007
killing in Narathiwat of Ma--usoh Malong, the husband of activist Yaena
Solaemae, and the police investigation continued.
An independent commission designed to serve as a focal point for
complaints against the Government in Pattani, Songkhla, Yala, and
Narathiwat was disbanded. A former committee member alleged that they
convened only a few times before disbanding due to a lack of government
funding.
Abductions.--The wife of Mayateh Maranoh, a caretaker at a public
elementary school, filed an inquest to a court in Yala to rule on the
fate of her husband, last seen when rangers from Unit 4111 surrounded
their house in June 2007 and detained him. On November 16, the court
dismissed the case.
In March 2007 Human Rights Watch released a report documenting 22
cases of disappearances in the southern provinces between 2002 and
October 2006 under the Thaksin and interim governments. In many cases
the missing persons allegedly disappeared after being questioned by
security forces. The RTP established a committee to investigate the
reported disappearances, but it convened only once, during which the
members concluded that the whereabouts of those listed were unknown. By
year's end no individuals had been brought to trial or convicted.
The Central Institute of Forensic Science abandoned its project to
exhume approximately 400 unidentified bodies from cemeteries in the
south due to changes in the central government and budgetary
constraints. The reported reluctance of provincial governors to allow
remains to be transported across provincial borders and alleged
opposition from some law enforcement agencies further complicated
efforts.
Police closed the investigation into the 2006 abduction of Wae-
halem Kuwaekama from Joh Airong District in Narathiwat due to lack of
evidence.
Physical Abuse, Punishment, and Torture.--The army was accused of
torturing some suspected militants, mostly at the Royal Thai Army's
Region Four Ingkayut Borihan military camp in Pattani and at other
detention facilities in the region.
By September the NHRC had completed its investigation into the
April 2007 alleged torture of Sukri Ar-dam in a southern detention
facility and the July 2007 death of Ashari Sama-ae, and it was
preparing to send the Government a report on its findings.
The June 2007 death of Sakareeya Pa-oh Mani while in the custody of
security authorities was pending at the Yala Provincial Court.
The investigation into the alleged 2006 torture of Muhammad Ari
Yusoh resulted in an ISOC settlement. ISOC offered a 50,000 baht
($1,500) payment to the victim through monthly installments. According
to the victim's family, the payments stopped prematurely, and they were
awaiting a response from an inquiry to ISOC.
The Government continued to arrest suspected militants, some of
them juveniles, and in some cases held them for a month or more under
provisions of the emergency decree and martial law. Human rights
organizations considered the arrests arbitrary, excessive, and
needlessly lengthy, and they expressed concerns about detention
facility overcrowding. The media documented occasions in which security
forces arrested all male occupants of a village or detained the elderly
or infirm. Large-scale village sweeps in the deep south led by hundreds
of soldiers resulted in mass warrantless detentions. On January 25,
more than 300 security officials raided several areas and apprehended
12 suspects in two districts of Narathiwat in response to a wave of
attacks in January that resulted in the deaths of eight soldiers.
The four provinces of the deep south are covered by two security
laws. Martial law allows for detention without charge up to seven days
without court or government agency approval in Pattani, Narathiwat,
Yala, and three districts of Songkhla. The emergency decree was in
effect in the same areas and allows authorities to arrest and detain
suspects for up to 30 days without charge. After the expiration of this
period, authorities can begin holding suspects under normal criminal
law. Unlike under martial law, these detentions require the consent of
a court of law, although human rights NGOs complained that courts did
not always exercise their right to review these detentions. In some
cases a suspect was held first under martial law for seven days and
then detained for an additional 30 days under the emergency decree.
Government statistics were not available, but police officials stated
that 1,474 persons had been arrested since 2005 under these provisions
and that 289 of those arrested had been prosecuted. It was unclear
whether any persons were detained under the auspices of martial law
alone.
The Government cancelled a program to transfer approximately 400
detainees whom authorities declined to prosecute criminally to military
camps in Chumporn, Ranong, and Surat Thani provinces for a vocational
training program. The cancellation came after complaints from human
rights organizations and an October 2007 ruling by provincial courts in
the three provinces that the army could not compel participation.
Lawyers and NGOs stated that the detainees returned to their villages
following the court ruling. However, credible sources indicated that
some of the men remained under surveillance and that security officials
visited their homes on occasion.
Human rights organizations alleged that the military mailed
official letters to suspected militants in the four southernmost
provinces, inviting them to attend an education program. Credible
sources indicated that two such sessions were held in Pattani and
Songkhla. The 15- to 30-day programs included reeducation training and
sightseeing in nearby provinces. NGOs noted that several program
participants were killed once they returned to their home villages;
security forces were suspected of involvement due to the close
proximity of the killings to mosques.
Child Soldiers.--There were reports that separatist groups
recruited teenagers under the age of 18 to carry out attacks. Human
rights organizations alleged that separatists used private Islamic
schools to indoctrinate ethnic Muslim Malay children with a separatist
agenda.
On January 29, the Working Group on Justice for Peace reported that
the Ruam Thai Team, a local Buddhist self-defense force in the three
southernmost provinces headed by Police Colonel Pithak Iedkaew, was
training an estimated 300 Buddhist and Muslim children to include in
its forces. The 2008 Child Soldiers Global Report published by the
Coalition to Stop the Use of Child Soldiers claimed that insurgency
groups included children.
Other Conflict--Related Abuses.--There were reports that
separatists used women and children as human shields to confront or
provoke security forces and restrict their operations. The police and
military imposed a curfew in several districts of Yala prohibiting
persons from leaving their homes after 9 p.m.
The Ministry of Education reported that since 2004 insurgents had
burned more than 304 schools in the south. During the year insurgents
burned 14 schools in Pattani and Narathiwat. The Government
periodically closed schools throughout the region in response to
attacks against teachers, students, educational facilities, and
parents. The Government frequently armed ethnic Thai Buddhist and some
ethnic Malay Muslim civilians, fortified schools and temples, and
provided military escorts to monks and teachers. According to the
Ministry of Education, 139 teachers, students, and education staff had
been killed and 228 others injured due to separatist violence since
2004.
Separatist violence included attacks on medical facilities, such as
the destruction of two government health centers in Pattani on June 7.
According to the Public Health Ministry, 69 public health volunteers
had been killed, 47 health volunteers injured, and 24 community health
centers burned or bombed in the south since January 2004.
While official government statistics were not available, there were
reports that a significant number of ethnic Thai Buddhists were fleeing
violence-affected areas for other provinces in the country.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law
specifically provide for freedom of speech and of the press with some
exceptions; in addition the Government and legal code limited some
rights.
Freedom of speech and the press were occasionally curtailed by
government interference and the use of libel suits directed against
journalists. The broadcast media, particularly television and radio,
were closely monitored. Under former prime minister Samak Sundaravej,
government interference in the media intensified. The Government
pressured the media, particularly broadcast media, to cooperate on
disseminating constructive and complimentary news and information.
Nevertheless, the media and civil society vocally criticized government
authorities throughout the year. Print and broadcast media reported
news critical of the Government as well as statements and activities of
the former and current prime minister. Samak in particular was
criticized for his attitude towards the media.
By law the Government may restrict freedom of speech and freedom of
the press to preserve national security, maintain public order,
preserve the rights of others, protect public morals, and prevent
insults to Buddhism. The law permits police to close newspapers or
printing presses in times of war or national emergency, but only with a
court order. The law allows police under a court order to restrict or
confiscate publications and other materials for disturbing the peace,
interfering with public safety, or offending public morals.
Lese majeste provisions make it a criminal offense to criticize the
King. queen, royal heir apparent, or regent; the criminal code allows
for three to 15 years' imprisonment. The provisions allow private
citizens to initiate lese majeste complaints, and there were dozens of
instances in which private citizens accused each other of lese majeste.
This triggered a lengthy process of investigations and subsequent case
review by the Office of the Attorney General (OAG). Although the OAG
formally charged some individuals with lese majeste, at year's end only
the case of UDD supporter Bunyuen Prasoetying was brought to trial.
Bunyuen received six years' imprisonment.
On April 5, police charged social activists Chotisak Ongsoong and
Songkran Pongbunjan with lese majeste for not standing for the royal
anthem in a movie theater in September 2007. They were released without
bail; the case was under investigation at year's end. On April 29 and
30, radio station Metro Life 97 urged listeners to attack Chotisak when
he was scheduled to appear at a panel discussion on lese majeste at
Thammasat University. The Web site component of the station also posted
his personal information, including his address and telephone number.
On April 8, a police officer accused reporter Jonathan Head of
BBC's Bangkok bureau of lese majeste for remarks Head made at August
2007 and December 2007 panel events at the Foreign Correspondents' Club
of Thailand. The August 2007 panel also featured Jakrapob Penkair, a
political activist, who discussed the history of patronage in the
country. An investigation concluded on September 10 that there was
significant evidence of lese majeste against Jakrapob and recommended
that he be prosecuted. At year's end the Jakrapob case was under review
by the OAG, and the investigation against Head remained open.
On August 31, Australian author Harry Nicolaides was arrested under
lese majeste provisions of the criminal code over a passage in his 2005
novel Verisimilitude that allegedly defamed the crown prince. At year's
end he remained in jail awaiting formal charges and had been denied
bail four times.
On November 6, Khon Kaen province police apprehended Buddhist
scholar and social critic Sulak Siwalak in Bangkok and charged him
under the lese majeste provisions of the criminal code. At year's end
he was free on bail and awaiting further official action. Sulak had
been arrested, charged, or prosecuted on similar grounds multiple times
in the past but never convicted.
Political figures and large media conglomerates held ownership of
large stakes in many prominent newspapers.
Government entities owned and controlled all radio and broadcast
television stations, including the 524 officially registered
``regular'' AM and FM stations. The military and police also owned
another 244 radio stations, ostensibly for national security purposes.
Other owners of national broadcast media included the Government's
Public Relations Department (PRD) and the Mass Communication
Organization of Thailand, a former state enterprise of which the
Government still owned a majority share. Almost all of the stations
were leased to commercial companies.
The Broadcasting Act, promulgated on March 4, governs the
regulation of radio and television frequencies. The new act provides
for three categories of broadcast licenses: public service, community
service, and commercial. The act empowers the National
Telecommunications Commission to enforce the law, pending the
establishment of the National Broadcasting and Telecommunications
Commission (NBTC). No progress was made on the appointment of that
body, and as a result no new broadcast licenses were issued during the
year.
The Government censored broadcast media both directly and
indirectly, and self-censorship was evident. Broadcast media
nevertheless reported criticism of the Government.
In early February the Prime Minister's Office announced plans to
establish a task force to monitor the ``news balance'' of the broadcast
media. That same month, the minister attached to the Prime Minister's
Office, Jakrapob Penkair, signed an order transferring PRD director
general Pramote Ratvinij to an inactive post. Although the Government
claimed the move was not politically motivated, media observers
believed that Pramote was removed due to his connection to the former
government. In May Jakrapob warned broadcast media outlets about
carrying news reports in support of a rumored coup and stated he would
take disciplinary action against any PRD staff who did so.
On January 14, the Thai Public Broadcasting Service Act took
effect, transforming Thailand Independent Television--the PRD-operated
successor to the former Thaksin-owned iTV--into Thai Public
Broadcasting Service, which later was renamed TV Thai.
The Government attempted to discredit media organizations via
government-owned and -operated media outlets, particularly through its
programming on National Broadcasting Services of Thailand (NBT). It
often refuted content broadcast on Asia Satellite TV (ASTV), a
television station owned by Manager Media Group whose managers were
tied to the antigovernment movement led by the People's Alliance for
Democracy (PAD).
On January 9, the car of Samraeng Khamsanit, a reporter with the
Thai-language daily newspapers Matichon and Khao Sod in Angthong
Province, was set on fire. On May 26, Surayud Yongchaiyudh, another
reporter with Matichon, survived a shooting in Prachuab Kirikhan
Province. On August 1, Atiwat Chainurat, also a Matichon reporter, was
shot and killed at his home in Nakhon Sri Thammarat. All three were
believed to have been targeted for their politically sensitive
reporting.
The case of the shooting of journalist Manop Ratanajaroongporn in
Phang Nga Province in 2006 was dismissed for lack of evidence. There
was no resolution of the 2006 killing of Santi Lammaneenil, owner of
the Pattaya Post and a freelance reporter. These individuals also were
believed to have been targeted for their politically sensitive
reporting.
Print media criticism of political parties, public figures, and the
Government was common. Journalists generally were free to comment on
government activities and institutions without fear of official
reprisal; however, they routinely practiced self-censorship,
particularly with regard to the monarchy and national security.
On February 13, a well-known radio host and former senator,
Chirmsak Pinthong, took his popular talk radio show off the air
following his criticism of then-prime minister Samak's comments on the
October 1976 massacre. His production house reportedly told him to
cancel the show after receiving a call from a government official.
The international and independent media were allowed to operate
freely, although with some exceptions.
On January 31, the Administrative Court suspended a 2006 order
issued by the PRD instructing CAT Telecom to terminate transmission of
ASTV. Despite the order, ASTV was able to operate via satellite.
On June 13, Interior Minister Chalerm Yoobamrung ordered provincial
governors and officials to file charges against cable television
operators broadcasting antigovernment rallies. No charges were filed,
but several cable operators in the provinces reportedly suspended ASTV
broadcasts of antigovernment rallies as a result.
The defamation cases of three popular television talk show hosts,
one of them PPP leader Samak Sundaravej, remained under appeal. On
September 25, the appeals court upheld a primary court verdict
convicting former prime minister Samak of defamation charges and
sentenced him to two years' imprisonment; the other two cases remained
under appeal. Samak remained free on bail and continued to appeal the
court decision.
On September 10, the court of appeal confirmed a lower court's
verdict that found newspaper Neow Naa editor Prasong Soonsiri guilty of
libel. He was convicted of defamation for criticizing Constitution
Court judges on their acquittal of former prime minister Thaksin
Shinawatra in his 2001 asset concealment case. Prasong received a
suspended sentence of one year.
At year's end the December 2007 court ruling in the libel case
against PAD leader and Manager Media Group owner Sondhi Limthongkul
continued under appeal. There were no reports that the Government used
libel laws to suppress criticism of political or other leaders.
There were reports that state-owned media did not provide equal
broadcast time to all parties and used the PRD-operated NBT to
discredit conventional media outlets. In July then-prime minister Samak
was granted a daily, one-hour period on NBT, during which he regularly
attacked the media for reporting inaccurate and distorted stories about
his administration. Reportedly, the PRD denied a formal request
submitted by opposition leader Abhisit Vejjajiva for equal time on NBT.
No progress was made on the appointment of a National Broadcast
Commission tasked with reallocating all broadcast frequencies and
regulating the broadcast media under the new broadcasting act.
Under past legislation radio stations had to renew their licenses
every year; however, the new broadcasting act increases radio license
terms to seven years. Radio signals are broadcast via government
transmitters. Stations are required by law to broadcast 30 minute
government-produced newscasts twice daily. With no movement on the
establishment of the NBTC, the country's estimated 2,000 to 3,000
community radio stations technically continued to operate outside the
law.
During an April 19 seminar with community radio operators in the
eastern part of the country, Minister Attached to the Prime Minister's
Office Jakrapob reportedly offered to help community radio stations
operating without licenses avoid arrest if they agreed to allot two to
three hours a day to government-sponsored programming. The Thai
Broadcast Journalist Association condemned the proposal.
The Government continued to prohibit the import and sale of The
King Never Smiles, written by Paul Handley and published overseas, and
A Quarter--Century on Democracy's Thorny Path, written by Sulak
Sivaraksa.
Internet Freedom.--Individuals and groups could generally engage in
the peaceful expression of views via the Internet, including by e-mail;
however, there were some limitations. There were some government
restrictions on access to the Internet and reports that the Government
monitored Internet chat rooms.
The 2007 Computer Crime Act, which created new computer crime
offenses, establishes procedures for the search and seizure of
computers and computer data in certain criminal investigations and
gives the Ministry of Information and Communication Technology (MICT)
authority to request and enforce the suspension of information
disseminated via computer. Under the act a maximum five-year jail
sentence and a 100,000-baht ($3,000) fine can be imposed for posting
false content on the Internet that undermines public security, causes
public panic, or hurts others. A maximum 20-year sentence and 300,000-
baht ($9,000) fine can be imposed if an offense results in the death of
an individual. In addition, any service provider who intentionally
consents to or supports the publishing of illegal content is also
liable. It also obliges Internet service providers (ISPs) to preserve
all user records for 90 days, in the event that officials wish to
access them. Media activists criticized the law, stating that the
offenses are defined too broadly and some penalties are too harsh.
There was also an increase in Internet censorship. The Government
blocked numerous Web sites critical of the monarchy and those that
expressed pro-Thaksin or republican views, although most were
accessible again by the end of the year. The Government allowed
relative freedom of expression on political Web sites and discussion
boards. Several political Web boards and discussion forums chose to
self-censor and closely monitored discussions to avoid being blocked.
The Government blocked 2,300 Web sites and URLs and listed
approximately 400 Web sites as pending court orders to be blocked, of
which 344 were considered to have content deemed offensive to the
monarchy, two were religious sites, and six had pornographic content.
According to press reports, the MICT also advised ISPs to block an
additional 1,200 sites that it considered a danger to national security
or disturbing social order.
Some Web sites suffered from self-censorship by domestic ISPs. On
January 4, the Web site for Same Sky publishing house, which produces
an eponymous quarterly sociopolitical magazine, was denied further
hosting service from its domestic host; it later moved to a hosting
service abroad. The Web site contained content from the magazine, blogs
by columnists, and articles, and its Web board featured relatively open
discussions on the monarchy. On April 28, Sunimit Jirasuk of Khon Kaen
Province filed lese majeste charges against the Web sites of Same Sky
and Prachatai, a liberal news media outlet, alongside an additional
charge against activist Chotisak Onsoong; Sunimit claimed they
advocated the elimination of the monarchy. Chotisak already faced lese
majeste charges for not standing during the royal anthem at a movie
theater in September 2007. Customers of Telephone Organization of
Thailand reported that they could not access Same Sky and Prachatai Web
sites on May 14 and 15; users instead found a message stating that it
had been blocked due to a request by the MICT. On October 30, the
Government assembled Web site managers from several entities to request
their cooperation in monitoring content critical of the monarchy.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom.
During the year Chulalongkorn University political science
professor Giles Ungpakorn reported that his university's bookstore
refused to sell his book, A Coup for the Rich. The book was available
only via the Internet after Thammasat University's bookstore also
stopped selling it following a police request.
Cultural events may be censored, usually for reasons of public
decency. The law specifies that theater owners and broadcasters must
submit films they plan to show to the film censorship board for review.
The board may ban a film if offending portions are not deleted. Reasons
for censoring films include violating moral or cultural norms and
disturbing the public order or national security. Theater owners and
broadcasters frequently censored films themselves before submitting
them to the board. According to the board, no films have been banned
since 2003. During the year film director Apichatpong Weerasethakul
released his film Syndromes and a Century with six missing scenes
blacked out to show where he capitulated to the film censorship board's
demands.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly, and the
Government generally respected this right with some exceptions. Martial
law, which gives the military authority to restrict freedom of
assembly, was in effect in 31 provinces. The emergency decree for the
southern provinces allows the Government to limit freedom of assembly,
but this provision was not used during the year.
Government officials in the provinces of Ranong, Surat Thani,
Phuket, Phang Nga, Chumphon, and Rayong issued written provisions that
prohibited migrant workers--specifically those from Cambodia, Burma,
and Laos--from forming gatherings, among other restrictions, while
Samut Sakhon Province prohibited gatherings of more than five persons.
Employers could request permission from authorities for migrant workers
to hold cultural gatherings.
Throughout the year various pro- and anti--Thaksin groups, such as
the PAD and UDD networks, among other organizations, staged a series of
protests in Bangkok and other areas that resulted in violent clashes
between supporters. The demonstrations drew thousands of participants
and peaked with the September 2 death of protester Prasit Jantemduang
in Bangkok, the October 7 deaths of protesters Angkhana Radappanyawut
and Methee Chartmontri, and the seizure of Bangkok's two airports from
November 25 until December 4. The number of demonstrators dropped
dramatically after the September 4 resignation of then-prime minister
Samak and the December 2 removal from office of then-prime minister
Somchai.
On July 17, PAD protesters clashed with a group of at least 200
progovernment protesters in Si Sa Ket Province who attempted to block
them from reaching the Preah Vihear temple. On July 24, clashes between
PAD protesters and anti--PAD protesters resulted in the reported injury
of approximately 13 protesters and two police in Udon Thani Province.
On August 26, antigovernment protesters led by the PAD occupied the
formal seat of government without resistance from police, and the
Government declared it would resolve the standoff peacefully, despite
the issuance of arrest warrants for the PAD's leadership.
Freedom of Association.--The constitution specifically provides for
freedom of association, although exceptions are made ``to protect
public interests, to maintain public peace and order or good morals, or
to prevent economic monopoly.''
In accordance with the law, the Government prohibited candidates
for the Senate, ostensibly a nonpartisan body, from distributing
printed materials carrying the name of a political party or publicly
identifying a political party as a candidate's sponsor.
The law prohibits the registration of parties with the same name or
emblem as that of a dissolved political party. Legal experts maintained
that the law was designed to inhibit the reregistration of the Thai Rak
Thai party, which the Constitutional Court dissolved in May 2007.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, it restricted the activities of some groups. The
constitution specifically provides for freedom of religion, provided
that the religion is not contrary to a person's ``civic duties, public
order, or good morals.''
The constitution requires that the monarch be a Buddhist, but it
does not designate a state religion. Some Buddhist organizations called
for the designation of Buddhism as the state religion, but the effort
failed. The constitution requires the Government ``to patronize and
protect Buddhism and other religions.'' The Government subsidized
activities of the three largest religious communities.
Under the Religious Organizations Act, a new religion can be
registered if a national census shows that it has at least 5,000
adherents, represents a recognizably unique theology, and is not
politically active. A religious organization must also be accepted into
one of the five officially recognized ecclesiastical groups: Buddhist,
Muslim, Christian, (which includes Catholicism and four Protestant
subgroups), Brahmin--Hindu, and Sikh. Since 1984 the Government has not
recognized any new religious groups. Government registration confers
some benefits, including access to state subsidies, tax-exempt status,
and preferential allocation of resident visas for organization
officials. Unregistered religious organizations did not receive these
benefits but operated freely in practice.
The 1962 Sangha Act specifically prohibits the defamation or insult
of Buddhism and the sangha (Buddhist clergy). The penal code prohibits
the insult or disturbance of religious places or services of all
recognized religions in the country. Followers of the Santi Asoke sect
of Buddhism were unable legally to refer to themselves as Buddhists
because of theological disagreements with the Sangha Council, but they
were able to practice their faith without restriction.
Religious instruction is required in public schools at both the
primary and secondary education levels. The Ministry of Education has
formulated a course that contains information about all recognized
religions in the country.
In the past pondok (traditional Islamic) schools were not required
to register with the Government and had no government oversight or
funding. Following the outbreak of violence in the southern provinces
in 2004, registration with the Government was made mandatory. By year's
end the Government had registered 367 pondok schools in Songkhla,
Satun, Yala, Pattani, and Narathiwat provinces and seven pondok schools
in other provinces. Observers estimated that as many as 1,000 pondok
schools operated in the south.
Muslims, who represent between 5 and 10 percent of the population
nationwide and constitute the majority in four of the five southernmost
provinces, experienced some economic discrimination. The Government
attempted to address the problem by maintaining longstanding policies
designed to integrate Muslim communities into society through
developmental efforts and expanded educational opportunities. However,
these efforts were often resisted amid charges of forced assimilation.
Muslims outside the southern provinces were much better integrated into
society.
Government officials reportedly continued to monitor Falun Gong
members and restrict their activities. The Falun Gong complained that
officials attempted to limit their activism due to fear of damaging
bilateral relations with the People's Republic of China (PRC). On
February 8, police arrested 13 practitioners meditating in front of the
PRC embassy. On March 13 and 14, six mainland Chinese practitioners
were arrested while distributing leaflets near the Chinese embassy and
the Grand Palace. At year's end all remained in Bangkok's IDC.
Societal Abuses and Discrimination.--Violence committed by
suspected separatist militants in Narathiwat, Pattani, Songkhla, and
Yala affected the ability of some ethnic Thai Buddhists in this
predominantly ethnic Malay Muslim region to undertake the full range of
their traditional religious practices. Buddhist monks and temples were
targeted. A number of monks reported that they no longer were able to
travel freely through southern communities. Monks also claimed that,
due to fear of being targeted by militants, laypersons sometimes
declined to assist them in their daily activities.
During the year one Buddhist layperson was reportedly beheaded,
compared with five in 2007. On July 4, Khan Sangthong was shot, burned
while nailed to the road, and then beheaded in Bannang Sta District,
Yala. The media reported it as a reprisal killing for the killing of
insurgent leader Koseng Apibanbae and other members on June 23 by
government forces. According to media and academic sources, suspected
insurgents beheaded at least one Muslim during the year.
As a result of a series of increasingly provocative attacks,
tension between the local ethnic Malay Muslim and ethnic Thai Buddhist
communities in the south continued to grow. However, there were no
outbreaks of communal violence between the Buddhist and Muslim
communities. Many Muslims complained of societal discrimination both by
Buddhist citizens and by the central government. Many Muslims
complained that Thai-language newspapers presented a negative image of
Muslims and their communities, associating them with terrorists.
Insurgent groups in the south spread propaganda against Buddhists
in the form of threatening pamphlets and flyers. There were allegations
that some religious school teachers in the south preached hatred for
Buddhists as well as for Muslims who cooperated with the Government and
security forces.
The Jewish community is small, and there were no reports of anti--
Semitic incidents.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, and emigration, and the
Government generally respected these rights in practice; however, there
were some exceptions. The constitution specifically provides for these
rights but makes exceptions for ``maintaining the security of the
state, public peace and order or public welfare, town and country
planning, or youth welfare.'' The Government generally cooperated with
humanitarian organizations in providing protection and assistance to
internally displaced persons, refugees, asylum seekers, stateless
persons, and other persons of concern, although with many restrictions.
Members of hill tribe minorities who were not citizens were issued
identity cards that reflected restrictions on their freedom of
movement. Holders of such cards were prohibited from traveling outside
their home district without prior permission from the district head and
needed permission from the provincial governor to travel outside their
home province. Offenders were subject to fines and jail terms. Persons
with no card could not travel at all. Human rights organizations
reported that police at inland checkpoints often asked for bribes in
exchange for allowing stateless persons to move from one district to
another.
Other long-time noncitizen residents, including many thousands of
ethnic Shan and other nonhill tribe minorities, were required to seek
permission from local authorities or the army for foreign and domestic
travel.
Migrant workers may work only in certain provinces. The Government
continued to offer illegal migrants the opportunity to be legally
registered. Registration must be renewed each year. According to the
Ministry of Labor, 787,640 migrants registered during the year, 476,676
of whom were from Burma. Migrants from Burma could apply for border
passes at select Burmese border crossings. Migrants possessing these
passes may legally reenter Thailand and work. The document is not valid
for travel to third countries. Similar agreements were in place with
the Governments of Laos and Cambodia. By law unregistered children of
illegal migrants face arrest and deportation.
The law prohibits forced exile, and the Government did not practice
it. Former prime minister Thaksin returned on February 28 after 18
months abroad following the 2006 coup. During Thaksin's time overseas,
the Government declared that he was free to return, but Thaksin stated
he would not do so, citing safety concerns. The then-foreign minister
Noppadol Pattama approved the issuance of a diplomatic passport to
Thaksin weeks before Thaksin's return. Thaksin retained his diplomatic
passport when he fled to the United Kingdom on August 11. However, on
December 12, the Government revoked his diplomatic passport.
Protection of Refugees.--The country is not a signatory to the 1951
UN Convention relating to the Status of Refugees or its 1967 protocol,
and the law does not provide for granting asylum or refugee status.
Nevertheless, authorities continued the country's longstanding practice
of hosting significant numbers of refugees.
The Government had a screening process for Burmese entering the
official refugee camps, but the process stalled in most provinces
during the year. While the Government generally cooperated with
humanitarian organizations in assisting refugees in the established
camps, cooperation with the UNHCR continued to deteriorate during the
year on protection matters as authorities detained large numbers of
Hmong, North Korean, and Burmese Rohingya asylum seekers and refugees.
The UNHCR was formally forbidden to conduct refugee status
determinations or provide its protection mandate to these groups.
However, in July authorities granted the UNHCR informal access to
asylum seekers in the main IDC in Bangkok to conduct status interviews,
and several resettlement countries were also allowed to conduct
processing activities. The Government also permitted a UNHCR monitoring
presence at the facility, where many new arrivals were held.
The Government continued to allow the UNHCR to monitor the
conditions of the approximately 140,000 Burmese refugees living in nine
camps along the Burmese border but prohibited the UNHCR from
maintaining a permanent presence in the border camps. NGOs provided
basic needs assistance in the camps. Authorities permitted the UNHCR to
provide identification cards to registered refugees living in the
camps.
During the year provincial admission boards (PABs) continued to
permit 711 refugees to remain in nine camps. Many of the refugees
previously lived in the camps without formal permission. The Government
agreed to permit third country resettlement of camp refugees, and at
year's end 16,607 persons were resettled from the camps.
IDCs in several provinces and Bangkok were designated to hold
asylum seekers. Conditions in all IDCs were poor, with mental and
physical health problems among the asylum seekers stemming from
overcrowding and poor ventilation.
The Government allowed NGOs to provide food, medical services,
housing, and other services to Burmese who may have had valid refugee
claims but who resided outside the camps. Government officials
periodically arrested Burmese outside designated camps as illegal
aliens. Those arrested generally were taken to the border and released
without being turned over to Burmese authorities. Many returned to
Thailand shortly thereafter.
The UNHCR reported that after the September 2007 crackdown on
prodemocracy protesters in Burma, approximately 230 new arrivals
contacted the UNHCR and received temporary UNHCR identification
documents. The Government convened two sessions of a special ``fast
track'' PAB screening process, and 58 cases were approved for refugee
status and third-country resettlement.
Many Burmese asylum seekers encountered by army border units
continued to be returned to Burma before they could reach the
established refugee camps. However, thousands of other asylum seekers
were able to enter the country and gain entry into the refugee camps
during the year. According to the UNHCR, there were approximately
30,000 to 40,000 unregistered Burmese asylum seekers in the nine camps.
The PABs for Burmese asylum seekers met only sporadically.
On July 16-17, the Third Army oversaw the forced return of 59
ethnic Karenni asylum seekers to Burma from two refugee camps in Mae
Hong Son Province. Government authorities often sent such persons back
to Burma if they were discovered before reaching a refugee camp, but
the group in question had already taken up residence in the camps.
Following that incident an estimated 1,000 other recent arrivals in the
two refugee camps in Mae Hong Song were photographed, in the past a
precursor to repatriation.
In practice the Government provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened, although the Government adopted a tougher
approach to resolve the situation of the approximately 7,800 Hmong,
some appearing to have valid refugee claims, who were confined in an
army-run camp in Huay Nam Khao, Phetchabun Province. The Government
reserved the right to repatriate the population at Phetchabun to Laos
and did not grant the UNHCR permission to interview them to determine
their refugee status. During the year 1,600 Hmong were returned to Laos
in five separate movements. Many appeared to return voluntarily,
although third-party monitoring of the returns initially was not
permitted by the Lao government, which agreed in September to allow
monitoring by the UNHCR and diplomats. However, in June more than 830
Hmong were opportunistically returned to Laos after they marched out of
the camp in protest over the lack of resettlement options. An internal
government screening system existed to identify those who might face
harm if returned to Laos. However, during the year a systematic review
of the cases by a national-level committee did not take place. Food and
basic health care in the army camp were provided by an international
NGO.
In contrast with 2007, local officials in Mae Hong Son Province
allowed ethnic Karenni Paduang refugees to enter camps to be processed
for resettlement.
The Government continued to allow the UNHCR to conduct weekly
visits to the group of Hmong asylum seekers from Laos detained in small
cells in the Nong Khai IDC since 2006. A local NGO provided
supplementary food and toiletries. The Government permitted
construction of a temporary NGO shelter on the IDC grounds to relieve
the crowding in the cells. Several countries sought to consider the
group detained at Nong Khai for refugee resettlement. However, at
year's end authorities had not permitted resettlement processing to
continue, nor had they released the refugees.
Although a 2005 cabinet resolution declared that every child in the
country, regardless of legal status, was entitled to free primary
education (nine years of schooling, to age 15 or completion of middle
school), the Government did not always respect this right in practice.
Human rights organizations reported that local officials often excluded
undocumented children were often excluded from primary school.
Enrollment among stateless hill tribe students remained low and
declined with age. According to UNESCO's 2006 Highland Peoples Survey
on the impact of statelessness among 12,000 hill tribe households in
the north, highlanders lacking citizenship were 73 percent less likely
to enter primary school than highlanders with citizenship. Moreover,
human rights organizations reported that stateless students who did
complete primary school did not receive an official graduation
certificate, which hindered their access to higher education and
restricted their employment options.
Stateless Persons.--A significant but indeterminate number of
stateless persons resided in the country.
The stateless persons, most of whom are known as highlanders or
hill tribes, were concentrated in the northern region. The most recent
highland survey, conducted in in 1999, recorded a total hill tribe
population of nearly 874,000 persons, of whom more than 496,000 were
registered as citizens. The remaining 378,000 highlanders were placed
in various categories, such as ``eligible for citizenship,'' ``eligible
for permanent residency,'' or ``undetermined.'' Of these 378,000
noncitizens, a number subsequently received citizenship, but neither
government nor NGO sources were able to provide a precise figure, due
to the absence of more recent census data tracking the number of hill
tribe residents and their citizenship status. Although the Government
and NGOs concurred on the need for a new and more comprehensive survey,
they were unable to agree on how it should be conducted.
Many stateless highlanders lived in poverty, and as noncitizens
they could not own land, had difficulty accessing credit from banks,
and did not have access to a variety of government services, such as
universal health care. The law prohibits many stateless highlanders
from traveling out of their home district or province without prior
permission. The law also prohibits highlanders from participating in
certain occupations reserved for citizens, most notably farming,
although in practice officials permitted noncitizen highlanders to
undertake small-scale subsistence activities. NGOs asserted that
statelessness was the single greatest risk factor for hill tribe people
to be trafficked or otherwise exploited, such as by being forced into
the drug trade or other sectors of the underground economy, since they
are precluded from many legitimate economic opportunities.
The 2008 Nationality Act, which took effect on February 28,
provides citizenship eligibility to certain categories of highlanders
who were not previously eligible. It also streamlines citizenship
registration and eases evidentiary requirements. NGOs believed that the
act significantly reduced the number of persons previously ineligible
to apply for citizenship; however, its full impact had not been
assessed because the Interior Ministry's implementing regulations were
ambiguous; human rights organizations requested clarification.
Because of the remoteness and restricted mobility of stateless
highlanders, documentation and evidence of birth was usually difficult
to provide in establishing citizenship eligibility. However, the Civil
Registration Act of 2008 stipulates that every child born in the
country will receive an official birth certificate, regardless of the
parents' legal status. Some stateless persons who were born in the
country and who may be able to prove citizenship eligibility often
waived that right in order to classify themselves as ``migrants'' and
gain access to public health care and certain jobs unavailable to
stateless persons. In doing so, however, these individuals lost any
basis for citizenship eligibility that they previously held. However,
the new Nationality Act allows these individuals to reclaim their
eligibility provided they relinquish migrant worker status and take
steps such as surrendering work permits.
Stateless highland women encountered more barriers to citizenship
than men. Tribal customs and traditions subjected women to a certain
social status that limited their access to postprimary education and
political opportunities that contribute to knowledge of the citizenship
process. Women had to rely on reportedly corrupt village leaders and
district officials to act as facilitators for them. Most stateless
highland women had few economic opportunities outside the home and
could not afford the bribe demanded for processing citizenship
applications. Highlanders claimed to have paid district officials
anywhere from 3,000 to 15,000 baht ($90 to $450) despite there being no
official processing cost for citizenship. NGOs reported that some local
officials pressed women into offering sexual favors in exchange for
accelerating their citizenship registration.
A 2005 cabinet-approved national strategy permits individuals who
lack legal status and entered the country before January 1995 to remain
in the country temporarily and apply for various categories of legal
status, including citizenship. However, at year's end the Government
had not implemented the strategy fully, as some implementing
regulations were still under development. An October statement by the
Ministry of Foreign Affairs noted that the failure of some local
officials to act according to the national strategy often stemmed from
their lack of knowledge of relevant laws and regulations. The Interior
Ministry was working with human rights organizations to train local
officials in these areas.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Following the December 2007 general election, the country reverted
to a bicameral system, composed of a House of Representatives and a
Senate. The constitution provides citizens the right to change their
government peacefully through periodic, free, and fair elections based
on universal, compulsory suffrage. The constitution provides for the
election of all members of the 480-seat lower house of parliament and
76 members of the 150-seat Senate. It also provides for the appointment
of 74 additional members of the Senate by members of the judiciary and
other regulatory bodies.
Elections and Political Participation.--A national election for the
lower house of parliament held in December 2007 was generally
considered free and fair; however, there were allegations of widespread
vote buying, minor procedural irregularities, and scattered but
unconfirmed reports of intimidation by local military and government
officials. International observers stated that the martial law in
effect in parts of the country during the election was inconsistent
with international norms. The Election Commission of Thailand announced
that the PPP, led by Samak Sundaravej, won a plurality of 233 seats in
the 480-seat lower house. The commission disqualified 10 candidates and
parliamentarians for alleged vote buying, including the PPP's Yongyut
Tiyapairat, who briefly served as House speaker.
At least three political canvassers and local government officials
reportedly were killed or injured during 2007 election campaigns; there
was speculation that some of the killings may have been politically
motivated. By September the 150 allotted slots for senators were
filled, but only 470 of the 480 allotted slots for the House of
Representatives were filled, due to resignations and disqualifications.
Political parties could operate without restriction or outside
interference, although violations of election laws by three members of
political parties' executive boards prompted the Constitutional Court
on December 2 to dissolve three of the eight parties holding seats in
the legislature, including two of the three largest. The sanction of
party dissolution is provided for by the 2007 constitution, which also
provides that all executive board members of parties dissolved by the
court lose their political rights for a five-year period. The December
2 ruling therefore forced Prime Minister Somchai Wongsawat, a PPP
executive, out of office. The other parties dissolved were the Chart
Thai Party and the Matchima Thippathai Party. A total of 106 executive
board members lost their political rights in connection with the
parties' dissolution.
There were 80 women in the 620-seat bicameral parliament. Women
held three cabinet positions. The constitution encourages political
parties to consider a ``close proximity of equal numbers'' of both
genders. Many NGOs noted that women had the right to vote and run for
positions, but there were relatively few elected female officials.
Few members of ethnic minorities held positions of authority in
national politics. Muslims from the south held significant elected
positions, although they continued to be underrepresented in appointed
local and provincial government positions. There were 32 Muslim and six
Christian members of parliament.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, although government implementation
of these laws was weak, and officials sometimes engaged in corrupt
practices with impunity.
There were many cases of corruption involving senior government
officials, including former prime ministers Thaksin and Samak and other
government ministers.
On March 10, prosecutors filed charges against former prime
minister Thaksin and 46 other persons, including deputy prime minister
and finance minister Surapong Suebwonglee, labor minister Uraiwan
Thainthong, and deputy transportation minister Anurak Jureemas, in
connection with embezzling proceeds from a government lottery
implemented during the Thaksin administration between August and
November 2006. In April the Asset Examination Committee (AEC) pressed
criminal charges against Thaksin over the Export-Import Bank of
Thailand's loan to Burma of four billion baht (approximately $120
million).
On March 14, the AEC indicted Bangkok governor Apirak Kosayothin,
former commerce minister Wathana Muangsuk, and former Director General
of the Foreign Trade Department Rachen Potjanasunthorn on charges of
malfeasance related to the purchase of fire trucks. In the same case,
the AEC had previously indicted former Bangkok governor Samak
Sundaravej, former interior minister Bhokin Bhalakula, former deputy
interior minister Pracha Maleenont, and former Director General of the
Bangkok Metropolitan Authority's Public Disaster Relief Department
Athilak Tanchookiat. Apirak was later cleared of involvement.
On July 31, the Supreme Court sentenced Thaksin's wife Potjaman to
three years in jail for tax evasion, but she was released on bail and
an appeal was pending at year's end. Her brother and secretary were
also found guilty in the case, and their appeals were pending at year's
end. Following the ruling Thaksin and his wife failed to return to the
country from overseas. On September 11, a criminal court issued an
arrest warrant for them when they failed to appear at court proceedings
concerning asset concealment allegations in a real estate case; a
Supreme Court ruling on October 21 acquitted Potjaman but found Thaksin
guilty of abusing his position in connection with his wife's purchase
of land.
On September 9, the Constitutional Court ruled against then-prime
minister Samak in a conflict of interest case involving his hosting of
television cooking shows in violation of Article 267, forcing him to
step down.
The OAG continued to investigate the August 2007 arrest of a
retired police officer in connection with the alleged bribery of two
judges on the Constitutional Court prior to its May 2007 ruling
dissolving the former ruling Thai Rak Thai Party.
The December 2007 determination by the NCCC that 13 former
Constitutional Court judges, four former members of the Election
Commission, and three former ombudsmen had illegally approved pay
increases for themselves remained with the OAG, pending prosecution.
During the year the NCCC, AEC, and OAG continued to investigate
allegations of corruption committed by the Thaksin government. The
findings by the AEC and the OAG triggered multiple cases at the Supreme
Court of Justice's Criminal Division for Persons Holding Political
Positions.
In addition, the NCCC brought several other cases to court and
reported that there were 5,333 cases pending investigation at the
conclusion of its fiscal year in October.
Public officials were subject to financial disclosure laws. Aside
from the NCCC, the AEC, and the OAG, the Anti--Money Laundering Office,
the Supreme Court, the Ombudsman's Office, the Administrative Court,
and the Ministry of Justice played a role in combating corruption.
The new constitution provides access to public information, and
there were no reports that government agencies denied citizens'
requests for information. If a government agency denies such a request,
a petition may be made to the Official Information Commission, and
petitioners may appeal the commission's preliminary ruling to an
appellate panel. According to the commission, the vast majority of
petitions were approved. Requests for public information may be denied
for reasons of national security and public safety.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights
organizations generally operated without government restriction,
investigating and publishing their findings on human rights cases.
However, NGOs that dealt with sensitive political issues, such as
opposition to government-sponsored development projects, faced periodic
harassment. Human rights workers focusing on the violence in the
southern provinces were particularly vulnerable to harassment and
intimidation by government agents and militant groups.
Very few NGOs were accorded tax-exempt status, which sometimes
hampered the ability of domestic human rights organizations to secure
adequate funding. The International Commission of Jurists faced
government delays in renewing the registration of its Bangkok office,
remaining without a registration number at year's end.
Police closed the investigation into the March 2007 attack on Sot
Sutnak, an environmental activist in Surat Thani Province. According to
police, Sot fled the province after the attack and had not been seen
again.
Government officials met and cooperated with visitors from the ICRC
and the UNHCHR throughout the year. There were several visits by
international Muslim leaders, including Organization of the Islamic
Conference officials, to the southern provinces, some at the invitation
of the Government.
The NHRC was active during the year. As an independent government
entity, it submitted an annual evaluation of the human rights
situation, proposed policies and recommendations for amending laws to
the parliament, promoted measures to educate citizens on human rights,
and investigated human rights abuses. The lack of power to prosecute or
to punish violators prior to the promulgation of the new constitution,
which provides for the NHRC to file suits on behalf of victims of human
rights abuses in the courts, hindered the NHRC's ability to carry out
its mandate. Modest staffing and resources also hampered NHRC progress.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equal treatment without respect to
race, gender, religion, disability, language, or social status;
however, in practice some discrimination existed, and government
enforcement of equal protection statutes was uneven.
Women.--Rape is illegal, although the Government did not always
enforce the law effectively. The criminal code permits authorities to
prosecute spousal rape. Between October 2007 and September, the police
stated that 4,736 rape cases had been reported, including five cases
where the victim was killed. Suspects were arrested in 2,340 of these
cases, including all of the cases resulting in the victim's death. The
Ministry of Public Health reported that an estimated 11,538 women and
children were sexually abused between October 2007 and September,
including 2,366 women more than 18 years old and 9,172 children.
NGOs believed that rape was a serious problem in the country.
According to academics and women's rights activists, rapes and domestic
assaults were underreported, in part because state agencies tasked with
addressing the problem were not adequately funded, and law enforcement
agencies were perceived to be incapable of bringing perpetrators to
justice. Police sought to change this perception and encouraged women
to report sexual crimes through the use of female police officers in
metropolitan Bangkok and in three other provinces.
The law specifies a range of penalties for rape or forcible sexual
assault, depending on the age of the victim, degree of assault, and
physical and mental condition of the victim after the assault;
penalties range from four years' imprisonment to life as well as fines.
The law also provides that any individual convicted twice for the same
criminal rape offense in three years is liable to increased penalties
for recidivism. Victims of sexual abuse were eligible to receive state
financial aid of up to 30,000 baht ($900).
Domestic violence against women was a significant problem. The law
imposes a fine of up to 6,000 baht ($180) or as much as six months'
imprisonment for violators and provides authorities, with court
approval, the power to prohibit offenders from remaining in their homes
or contacting family members during trial. The law implements measures
designed to facilitate the reporting of domestic violence complaints
and reconciliation between the victim and the perpetrator.
Additionally, the law restricts the media's reporting on domestic
violence cases in the judicial system.
A few domestic violence crimes were prosecuted under provisions for
assault or violence against a person. Domestic violence frequently went
unreported, and police often were reluctant to pursue reports of
domestic violence. NGO supported programs included emergency hotlines,
temporary shelters, and counseling services to increase awareness of
domestic violence, HIV/AIDS, and other issues involving women. The
Government's crisis centers, located in some state-run hospitals,
continued to care for abused women and children, although several
centers faced budget difficulties. State-run hospitals referred victims
to external organizations when services at a hospital were not
available. The crisis centers reported that they had received 26,565
reports of violent abuse between October 2007 and September 2008.
On January 11, the Ministry of Social Development and Human
Security launched a community-based system to protect women from
domestic violence in six pilot communities in Bangkok. Representatives
from each community received training in increasing awareness of
women's rights and abuse prevention.
Prostitution is illegal, although it is practiced openly throughout
the country. Local officials with commercial interests in prostitution
often protected the practice. Trafficking in women and children for
prostitution was a serious problem. The illegal nature of the work and
the high incidence of part--time prostitutes made precise numbers
difficult to assess, and estimates varied widely. A government survey
during the year found that there were 76,000 to 77,000 adult
prostitutes in registered entertainment establishments. However, NGOs
believed there were between 200,000 and 300,000 prostitutes.
There were reports that women were forced into prostitution in
border areas, but the number of such cases was difficult to determine.
NGOs and government agencies provided shelter, rehabilitation, and
reintegration programs for children and women involved in the sex
industry.
Sex tourism was a problem. According to the Ministry of Social
Development and Human Security, there were no laws to specifically
address sex tourism. Rather, the criminal code, laws on prostitution,
and laws combating trafficking in persons contain provisions designed
to combat sex tourism.
Sexual harassment is illegal in both the formal sector and the
informal sector. The law specifies fines of not more than 20,000 baht
($600) for individuals convicted of sexually harassing female or minor
employees in the formal sector. The law indicates that the victim must
file charges against the abuser in the informal sector. The punishment
depends on the degree of harassment and age of the victim. Abuse
categorized as an indecent act may result in imprisonment of up to 15
years and a fine of up to 30,000 baht ($900). The new Civil Servant
Regulations Act prohibits sexual harassment and stipulates five levels
of punishment, namely, probation, docked salary, salary decrease,
discharge from service, and termination. NGOs claimed that the legal
definition of harassment was vague and prosecution of harassment claims
difficult. The civil service commission's sexual harassment and
bullying hotline merged into the Merit System Protection Commission. No
complaints were received during the year. Prosecution or disciplinary
action was rarely sought, because most callers wanted only to seek
consultations or did not provide enough information to permit an
investigation to be pursued. Some complaints may have been settled out
of court.
The constitution provides for the equality of all citizens;
however, some inequalities in the law remained. For example, a man may
sue for divorce on the grounds that his wife committed adultery, but a
woman faces the additional legal burden of proving that her husband has
publicly acknowledged another woman as his wife. According to the
Ministry of Social Development and Human Security (MSDHS), unlike in
2007, foreign spouses of Thai citizens are eligible to apply for
citizenship.
Military academies (except for the nursing academy) did not accept
female students, although a significant number of instructors at the
military academies were women. In contrast with 2007, police academies
planned to accept female civilian students during the March 2009
application period pending approval by the police Commissioner General.
According to the MSDHS, in 2006 women constituted 59 percent of the
nonagricultural labor force. Women held 22 percent of managerial
positions in publicly listed companies, 35 percent in commercial
companies, and 22 percent of high-level administrative positions in the
Government sector. According to the Office of the Civil Service
Commission, women held 15 percent of executive-level positions. Women
were able to own and manage businesses freely. Government regulations
require employers to pay equal wages and benefits for equal work,
regardless of gender. Nonetheless, discrimination in hiring was common,
and women were concentrated in lower-paying jobs. In practice women
received lower pay for equal work in virtually all sectors of the
economy.
We Move, a league of more than 50 women's organizations, advocated
legal reforms to address inequities in the treatment of women. The
organization actively campaigned for gender-equality clauses in
legislation and the new constitution and encouraged women to seek
elected positions on provincial government bodies.
Children.--The constitution provides children equal protection.
According to NGOs, highlanders and other stateless individuals on
occasion did not register births with the authorities because poverty
and restricted mobility made it difficult to do so (See Section 2.d.).
Primary education was compulsory, free, and universal. Violence in
the southern provinces, and particularly violence aimed at public
school teachers, sporadically forced the temporary closure of public
schools and disrupted the educational process in those areas.
Many NGOs reported that children of registered migrant workers,
particularly in Chiang Mai and Mae Sot, were permitted to attend public
schools. Children who failed to enter the education system at age seven
for grade one were required to wait until they reached the age of 15,
when they could enter informal or vocational education programs.
Children in this group remained without access to community services
provided to children attending public schools, such as day-care
centers, government-subsidized free milk, and lunch privileges. Migrant
workers who could afford it often chose to send their children to
private nursery or day-care centers at their own expense.
The law provides for the protection of children from abuse, and
laws on rape and abandonment carry harsher penalties if the victim is a
child. The law imposes a jail term of seven years' to life imprisonment
for the statutory rape of children under the age of 15. In 2006 a
nationwide, government-sponsored poll of high school students found
that 5 percent of boys and 3 percent of girls had encountered sexual
harassment. Police were reluctant to investigate abuse cases, and rules
of evidence made prosecution of child abuse difficult. The law is
designed to protect witnesses, victims, and offenders under the age of
18, and procedures with a judge's consent allow children to testify on
videotape in private surroundings in the presence of a psychologist,
psychiatrist, or social worker. However, many judges declined to use
videotaped testimony, citing technical problems and the inability to
question accusers and defendants directly in court. Persons charged
with pedophilia are charged under appropriate age of consent and
prostitution laws. Victims' testimony is handled under the provisions
of the Child Friendly Procedure Act.
Trafficking in children, including for commercial sexual
exploitation, remained a serious problem. Pedophilia continued, both by
citizens and by foreign sex tourists. In 2007 the Government,
university researchers, and NGOs estimated that there were as many as
60,000 prostitutes under age 18. The Prostitution Prevention and
Suppression Act makes child prostitution illegal and provides for
criminal punishment for those who use prostitutes under age 18. Parents
who allow a child to enter into prostitution also are punishable.
According to government officials, during the year there were no
arrests or prosecutions of parents who allowed a child to enter into
prostitution. Custom and tradition made it rare for children to accuse
their parents in court proceedings.
On August 8, the Ranong Criminal Court sentenced Suchon Boonplong,
the driver of a container truck, to six years' imprisonment after 54
illegal migrants suffocated in his truck en route to Phuket in April
2007. A case against an alleged accomplice, the owner of the Choke
Charoen Fishing Pier, was pending in the courts.
A 2005 study widely cited by NGOs and state agencies estimated that
there were approximately 20,000 street children in major urban centers.
However, the Government and NGOs could provide shelter to only 5,000
children each year. Generally, the children were referred to
government-provided shelters, but many, especially foreign migrants,
reportedly avoided the shelters due to fear of being detained and
expelled from the country. According to the Government, citizen street
children were sent to their home provinces and placed in occupational
training centers.
Street children were often left out of national reports on child
labor issues, and national statistics on street children often included
only citizens.
Trafficking in Persons.--A new comprehensive antitrafficking law
that came into force on June 5 extends the definition of trafficking in
persons to include trafficking for the purpose of labor exploitation
and the trafficking of males. Previous laws defined trafficking only in
terms of sexual exploitation and allowed only women and children to be
classified as victims eligible to receive shelter or social services
from the Government. The new law provides stringent penalties for
crimes involving human trafficking. It also makes trafficking a
predicate crime for prosecution under the Anti--Money Laundering Act,
allowing for additional penalties and asset confiscation.
There were reports throughout the year that persons were trafficked
to, from, or within the country for a variety of purposes. Women and
children (particularly girls) tended to be the most frequent
trafficking victims for sexual exploitation. However, credible studies
and evidence accumulated from a number of cases suggested that the
trafficking of men for labor exploitation, especially migrant workers,
was also prevalent. The trafficking of men, women, and children into
such fields as commercial fisheries and seafood processing was
documented in the Samut Sakhon region. Some portion, believed by the
UN, NGOs, and the Government to be a minority, of the estimated 200,000
to 300,000 sex industry workers in the country were either underage or
in involuntary servitude or debt bondage. Young migrant women and
girls, especially from Laos, were employed in indentured servitude.
Within the country women were trafficked from the impoverished
northeast and the north to Bangkok for sexual exploitation. However,
internal trafficking of women appeared to be on the decline, due to
prevention programs and better economic opportunities. Women were
trafficked to Japan, Malaysia, Singapore, Taiwan, Hong Kong, Bahrain,
Australia, South Africa, Europe, and the United States, chiefly for
sexual exploitation but also to some destinations for sweatshop labor.
Men, especially migrant workers from Burma, were trafficked into the
country to commercial fisheries, seafood processing plants, and for
farm, industrial, and construction labor.
Women and men were trafficked from Burma, Cambodia, the PRC, Laos,
Russia, Uzbekistan, and eastern European nations for labor and sexual
exploitation.
Entire families occasionally were trafficked for labor in
sweatshops. Boys and girls were trafficked chiefly from Burma and
Cambodia for sexual exploitation and to work in begging gangs. Underage
boys reportedly were brought into the country for specialized work in
which small size was an advantage. According to domestic NGOs, girls
between the ages of 12 and 18 continued to be trafficked from Burma,
southern PRC, and Laos to work in the commercial sex industry. Social
workers noted that young girls were prized because clients believed
that they were free of sexually transmitted diseases. Persons
trafficked from the PRC often were in transit to other countries, such
as Malaysia, although women and girls from Yunnan Province generally
were destined for brothels in the north. Victims of trafficking were
often lured into the country or for transit to other countries with
promises of restaurant, spa, or household work and then were pressured
or physically forced into prostitution.
The lack of citizenship status for some hill tribe women and
children was a strong risk factor for becoming victims of trafficking.
Although members of this group were not a large percentage of
trafficking victims, they continued to be found in disproportionately
large numbers in situations entailing severe forms of trafficking.
Trafficking within the country and from neighboring countries into
the country tended to be carried out by loosely organized small groups
that often had close ties in the source communities. Burmese, Laotian,
Cambodian, and Thai individuals were involved in labor trafficking
along the border. Informal chains of acquaintance often were used to
recruit victims. In some cases the traffickers themselves were former
victims, particularly where the sex industry was the destination.
Most prostitutes were not kept under physical constraint, but a
large number worked in debt bondage. Brothel procurers reportedly
advanced parents a substantial sum against their child's future
earnings. The child was then obligated to work in a brothel to repay
the loan.
Because foreign women frequently were unable to speak the language
and were considered illegal immigrants, they were particularly
vulnerable to physical abuse and exploitation. Reports of labor
trafficking also were received from Burmese migrant workers, who were
ostensibly offered jobs in the food processing industry but were later
induced or forcibly transported to work on fishing vessels.
A March 10 police raid on the Anoma shrimp processing factory in
Samut Sakhon found 72 illegal migrant workers being held against their
will, including 10 suspected trafficking victims and 20 children. The
police completed their investigation on August 19 and submitted the
case for review at the OAG, filing 20 civil and criminal charges
against the factory owner and manager. The police were working to
expand their investigation to suspected Burmese procurers. The OAG
submitted the case to the court on September 10, and a preliminary
court hearing was conducted on October 13. Court proceedings were to
resume in February 2009.
The new trafficking law strengthens penalties on traffickers.
Penalties vary according to the age of the victim and the types of
trafficker. If the offender is an individual, the law prescribes
imprisonment of four to 10 years and a fine of 80,000 to 200,000 baht
($2,400 to $6,000) for trafficking offenses committed against victims
more than 18 years old. For offenses against children between 15 and
18, the punishment is six to 12 years' imprisonment and a fine of
120,000 to 240,000 baht ($3,600 to $7,200). For offenses against
children under 15, the penalty ranges from eight to 15 years'
imprisonment and a fine of 160,000 to 300,000 baht ($4,800 to $9,000).
If the offender is a corporation, the law prescribes a fine of
200,000 to one million baht ($6,000 to $30,000), and the responsible
authority in the convicted corporation may be sentenced to six to 12
years' imprisonment and a fine of 120,000 to 240,000 baht ($3,600 to
$7,200). The law also prescribes penalties on those who obstruct the
process of an investigation and prosecution as well as those who
disclose information or documents to persons not involved in the
investigation and prosecution process.
The RTP's Children and Women Welfare and Protection Division is
charged with implementing the antitrafficking law, while the MSDHS is
charged with providing assistance and shelter to trafficking victims.
Police reported that 144 trafficking-in-persons cases were filed in the
judicial system from July 2005 to June 2007. Police reported they
arrested 5,012 offenders in the 12-month period preceding July. The
arrests included 159 transnational crimes in human trafficking, 4,780
transnational crimes in labor fraud, 19 transnational crimes in sexual
exploitation, and 54 other crimes. NGOs assisted some victims to obtain
back wages from abusive employers; however, criminal prosecutions were
scarce. In mid-2006 the 1951 antislavery law resulted in a conviction
for the first time when the employer of an abused domestic servant was
found guilty of enslavement. The verdict continued under appeal at
year's end.
Trafficking victims cannot be charged with the crimes associated
with their case, such as immigration violations if trafficked over the
border or prostitution if forced. They also receive assistance in
government shelters. Memorandums of understanding (MOUs) among
government agencies and between the Government and domestic NGOs
provided some detailed police procedures to assist with the problem of
trafficked persons being detained by the authorities. The MOUs stated
that the training of police officers would include instructions to
treat such persons as victims of human trafficking rather than as
illegal immigrant workers. Instead of being deported, they would become
the responsibility of the public welfare department. However,
implementation of the MOUs was erratic, due to insufficient training of
law enforcement officials and their unfamiliarity with the law. Between
October 2007 and September 2008, the MSDHS implemented training
workshops for police, public prosecutors, public health officers, labor
officers, immigration officers, and NGOs.
In general the Government cooperated with governments of other
countries in the investigation of transnational crimes, including
trafficking. The country had bilateral antitrafficking MOUs with
Cambodia, Laos, and Vietnam and was working on bilateral cooperation
MOUs with the PRC, Burma, and Japan. Receiving countries generally
initiated trafficking case investigations. The Government continued to
investigate rings associated with smuggling female citizens abroad. The
Ministry of Foreign Affairs assisted 403 women and girls, most victims
of sexual exploitation, to return from abroad in 2007 (up from 397 in
2006).
The law allows for extradition of citizens; however, none were
extradited for trafficking-related offenses. Requesting-country
nationals charged with trafficking-related crimes, including
pedophilia, were extradited to Japan, Australia, Germany, Bahrain, the
PRC, the United Kingdom, and the United States.
There were reports of bribe taking by some low- or mid-level police
officers facilitating the most severe forms of trafficking in persons.
There was no evidence that high-level officials benefited from or
protected the practice. Compromised local police protected brothels and
other sex venues from surprise raids. Officials found complicit in any
part of the illegal economy rarely were prosecuted but instead were
moved to positions thought to limit opportunities for future
corruption.
Several NGOs, both local and international, and government agencies
worked with trafficking victims. The Government worked with the
International Labor Organization's (ILO) International Program on the
Elimination of Child Labor to implement projects to reduce the
incidence of trafficking of children for labor and sexual exploitation.
However, funds for fighting trafficking or aiding its victims were
limited. A new fund to assist antitrafficking activities was being set
up under the new law.
In general victims awaiting repatriation were brought to
government-run shelters or, in the case of noncitizens, to NGO run
shelters. During the year eight government shelters received 524 women
and children from neighboring countries and Uzbekistan, plus 158
citizens, including women found in voluntary prostitution and domestic
abuse victims. The Government provided food, medical care, and limited
psychological counseling.
The Government screened trafficking victims from Cambodia and Burma
through cooperation between the police and the International
Organization for Migration. Law enforcement officials identified
victims of trafficking and referred them to one of six regional
government shelters.
Trafficking victims received some legal assistance from NGOs and
Department of Welfare officials, and they generally were informed of
the option of pursuing legal action against the trafficking
perpetrators. Relatively few opted to do so; language barriers,
illiteracy, distrust of government officials, the lengthy legal
processes, and fear of the traffickers played a role. Trafficked
victims residing illegally in the country were not allowed to obtain
employment while awaiting repatriation, even if they were involved in
legal proceedings against the trafficker.
The Government continued cooperative arrangements with NGOs and
local industries, especially the hotel industry, to encourage youths
(particularly girls) to find employment outside the sex industry and
other exploitative work. Vocational training programs aimed at high
school students also received funding. Although the vocational training
was not intended explicitly for trafficking prevention, the practical
effect was to increase the range of choices for recent school
graduates.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The constitution mandates newly
constructed buildings to have facilities for persons with disabilities,
but these laws were not uniformly enforced. The constitution prohibits
discrimination against persons with physical and mental disabilities in
education and provides for access to health care and other state
services. Activists continued to work to amend laws that allow
employment discrimination against persons with disabilities.
A September 2007 law expands the types of disabilities covered by
the law and facilitates legal recourse to seek redress for
discrimination based on disability status. The law also elevates the
status of a division in the MHDHS tasked with protecting the rights of
persons with disabilities. During the year the Government held two
events to promote awareness of persons with disabilities, including two
contests to award businesses employing persons with disabilities and
organizations dedicated to supporting disabled communities.
Persons with disabilities who register with the Government are
entitled to free medical examinations, wheelchairs, and crutches. The
Government provided five-year, interest-free small business loans for
persons with disabilities.
The Government maintained 43 special schools for students with
disabilities. The Ministry of Education reported that there were 76
centers nationwide offering special education programs for preschool-
age children. There also were nine government-operated and 15 NGO-
operated training centers for persons with disabilities. In addition,
there were private associations providing occasional training for
persons with disabilities. There were reports of schools turning away
students with disabilities, although the Government claimed that such
incidents occurred because schools did not have appropriate facilities
to accommodate such students.
Many persons with disabilities who found employment were subjected
to wage discrimination. According to NGOs, government regulations
require private firms either to hire one person with a disability for
every 200 other workers or contribute to a fund that benefits persons
with disabilities, but this provision was not enforced. Government
officials estimated that as many as 48 percent of firms disregarded the
law, but NGOs believed the number to be as high as 70 percent. Some
state enterprises had discriminatory hiring policies.
National/Racial/Ethnic Minorities.--Two groups--former belligerents
in the Chinese civil war and their descendants living in the country
since the end of the civil war, and children of Vietnamese immigrants
who resided in five northeastern provinces-lived under laws and
regulations that could restrict their movement, residence, education,
and occupation. According to the Ministry of Interior, during the year
approximately 680 Chinese and some of their descendants and five of the
Vietnamese and their descendants were granted full citizenship.
Indigenous People.--Those members of hill tribes who were not
citizens continued to face restrictions on their movement, could not
own land, had difficulty accessing credit from banks, and were not
protected by labor laws, including minimum wage requirements. They were
also barred from state welfare services such as universal health care.
The 2008 Nationality Act provides citizenship eligibility to
certain categories of highlanders who were not previously eligible (See
Section 2.d.). Although the Government was supportive of efforts to
register citizens and educate eligible hill tribe persons about their
rights, activists reported that widespread corruption and inefficiency,
especially among highland village headmen and district and subdistrict
officials, contributed to a backlog of pending citizenship
applications.
Hill tribe members continued to face societal discrimination
arising in part from the belief that they were involved in drug
trafficking and environmental degradation.
Other Societal Abuses and Discrimination.--NGOs complained that
employers discriminated against male homosexuals after reviewing
military documents that permanently labeled these individuals as having
a mental disorder. According to the military, the practice stopped in
April 2007. However, an NGO reported that the military began using
``unfit chest size'' to label homosexuals on military documents. The
law did not permit transgendered individuals to change their gender on
identification documents. NGOs also alleged that some nightclubs, bars,
hotels, and factories denied entry or employment to transgendered
individuals.
Persons with HIV/AIDS faced the psychological stigma associated
with rejection by family, friends, and the community, although
intensive educational outreach efforts may have reduced this stigma in
some communities. There were reports that some employers refused to
hire persons who tested HIV-positive following employer-mandated blood
screening. According to the Thailand Business Coalition on AIDS, an
estimated 7,000 businesses pledged not to require HIV/AIDS tests for
employees or discharge infected employees and vowed to hold regular
awareness campaigns.
Section 6. Worker Rights
a. The Right of Association.--The law allows all private sector
workers to form and join trade unions of their choosing without prior
authorization; however, enforcement of the law was ineffective. In
addition, the Labor Relations Act and Labor Protection Act provide
inadequate protection to workers who participate in union activities.
The law allows unions to conduct their activities without government
interference. The law also permits workers to strike, and this right
was exercised in practice.
Civil servants, including public school teachers, are prohibited
from forming or registering a union. They are allowed to form and
register only as associations, which have no right to bargain
collectively. Noncitizen migrant workers, whether registered or
illegally present, do not have the right to form unions or serve as
union officials; however, registered migrants may be members of unions
organized and led by citizens. The Ministry of Labor requires foreign
workers to renew their temporary work status annually. Few, if any,
registered migrants joined unions. A substantial number of migrant
workers worked in factories near border-crossing points, where labor
laws were routinely violated and few inspections were carried out to
verify compliance with the law.
The labor force consisted of 36.9 million persons. Less than 4
percent of the total work force but nearly 11 percent of industrial
workers and more than 50 percent of state enterprise workers were
unionized. At the end of 2007, there were 43 state enterprise unions
with 170,630 members and 1,243 private labor unions with 331,250
members. Almost two-thirds of employed laborers were informal workers
who were not protected under labor laws and did not have access to the
social security system. Most informal workers were in the agriculture,
wholesale, retail, hotel, restaurant, and the construction sectors.
The State Enterprises Labor Relations Act (SELRA) restricts
affiliations between state enterprise unions and private sector unions;
however, union confederations can affiliate. The restriction against
union affiliation effectively divided the trade union movement along
state enterprise and private sector lines. However, unofficial contacts
at the union level between public and private sector workers continued,
and the Government did not interfere with these relationships. Unions
in state-owned enterprises generally operated independently of the
Government and other organizations. Internal conflicts, corruption, and
a lack of leadership weakened the labor movement.
The law prohibits antiunion actions by employers; however, it also
requires that union officials be full--time employees of the company or
state enterprise, which makes them vulnerable to employers seeking to
discipline workers who serve as union officials or who attempt to form
unions. It also serves as a prohibition against permanent union staff,
thus limiting the ability of unions to organize and be politically
active. The Labor Relations Act allows only two government licensed
outside advisors to a union, and the Ministry of Labor often blocked
the registration of labor advisors whom it deemed too activist. Union
leaders and outside observers complained that this interfered with the
ability to train union members and develop expertise in collective
bargaining, leading to rapid turnover in union leaders.
Trade union leaders can be dismissed for any reason, provided
severance payment is made. In such circumstances the law does not
provide for reinstatement, and the requirement for severance pay was
not always respected. The labor court reinstated employees in some
cases where dismissal resulted from union activity and was illegal.
However, because the reinstatement process was lengthy and costly for
the employee, most cases were settled out of court through severance
payments to the employee, and there were no punitive sanctions for
employers.
On July 29, garment maker Triumph International dismissed labor
union leader Jitra Kongdej for alleged slights to the monarchy and for
tarnishing the company's image after she wore a shirt advocating the
right not to stand for the king's anthem on a television talk show.
Nearly 3,000 union members protested in support of Jitra outside the
factory in Samut Prakan. On August 29, Triumph reinstated all workers
except Jitra following negotiations between the union and management;
Triumph also gave all union members 5,200 baht ($156). Jitra filed a
complaint with the Human Rights Commission and requested a new hearing
at the Samut Prakan Court of Labor. The company paid Jitra's salary
until the new hearing on November 27, when the court ruled in favor of
Triumph International and permitted Triumph to fire Jitra without
compensation. The court did not publish the ruling due to alleged
controversial lese majeste content. Jitra planned to appeal the
verdict.
The Government has the authority to restrict private sector strikes
that would affect national security or cause severe negative
repercussions for the population at large; however, it seldom invoked
this provision in the past and did not do so during the year. The law
also forbids strikes in ``essential services,'' which are defined much
more broadly than in the ILO criteria and include sectors such as
telecommunications, electricity, water supply, and public
transportation as essential services. The law prohibits termination of
employment of legal strikers; however, some employers used unfavorable
work assignments and reductions in work hours and bonuses to punish
strikers. Employers are legally permitted to hire workers to replace
strikers. SELRA provides public sector employees in state enterprises
the same rights to organize as exist in the private sector. SELRA
prohibits lockouts by employers and strikes by state enterprise
workers. Strike action in the private sector was constrained by the
legal requirement to call a general meeting of trade union members and
to have a strike approved by 50 percent of unionists.
During the year there were 87 labor disputes and two legal strikes
involving more than 48,000 workers. In addition, three lockouts were
reported. Most of the conflicts involved wages, the failure of
employers to deliver services as agreed, the transfer of employees to
new assignments, and the number of work days and hours. There were also
protests against mass layoffs without proper severance pay and the
closure of factories.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right of citizen private-sector workers to organize
and bargain collectively; however, the Government's efforts to protect
this right were weak. The law defines the mechanisms for collective
bargaining and for government-assisted conciliation and arbitration in
cases under dispute. In practice genuine collective bargaining occurred
only in a small fraction of workplaces, and in most instances it
continued to be characterized by a lack of sophistication on the part
of worker groups and autocratic attitudes on the part of employers.
Wage increases for most workers came as a result of increases in
the minimum wage rather than as a result of collective bargaining. The
process of setting minimum wages locally through provincial tripartite
wage committees may have further limited union influence; many of these
provincial committees excluded labor representatives and placed factory
managers on the wage committees to represent worker interests.
Union leaders and academic observers reported that employers often
discriminated against workers seeking to organize unions. The law does
not protect workers from employer reprisal for union activities prior
to the registration of the union, and employers could exploit this
loophole to defeat efforts at union organization. Employers used
loopholes in the Labor Relations Act to fire union leaders prior to
government certification of unions. During the year there were several
reported cases of workers being dismissed from their jobs for engaging
in union activities. In some cases the court ordered workers reinstated
if grounds for their dismissal were proven inaccurate.
A system of labor courts exercises judicial review over most
aspects of labor law for the private sector; however, there was
documented abuse in the system, including evidence that awards to
workers were ignored or not paid in full. Issues of collective labor
relations are adjudicated through the tripartite labor relations
committee and are subject to review by the labor courts. Workers may
also seek redress through the NHRC. The law authorizes the Ministry of
Labor to refer any private sector labor dispute for voluntary
arbitration by a government-appointed group other than the Labor
Relations Committee. Although the legal authority seldom was used, the
ILO viewed this provision as acceptable only in defined essential
services. Redress of grievances for state enterprise workers was
handled by the State Enterprise Relations Committee. Labor leaders
generally were satisfied with the treatment that their concerns
received in these forums, although they complained that union leaders
unjustly dismissed were awarded only back wages with no punitive
sanctions against the employer. This limited any disincentive for
employers to fire union organizers and activists.
Labor brokerage firms used a ``contract labor system'' under which
workers signed an annual contract. Contract laborers are not covered
under the Labor Relations Act or the Labor Protection Act. These
workers lacked the ability to bargain collectively over wage and
benefit issues. Although they may perform the same work as direct-hire
workers, they were paid less and received fewer, or no, benefits.
However, the new Labor Protection Act that came into force on May 27
requires that businesses provide contract laborers benefits and
welfare. The new law also states that regardless of whether the
contract labor employee was outsourced and collecting wages from a
separate company, the contracting business is the overall employer. It
was not clear how benefits and welfare are defined under the new act.
There are no special laws or exemptions from regular labor laws in
export processing zones (EPZs), in which wages and working conditions
often were better than national norms. However, union leaders alleged
that employers' associations were organized to cooperate in
discouraging union organization in the EPZs.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, including by children, except in
the case of national emergency, war, or martial law; however, the
Government was unable to enforce these provisions effectively in the
large informal sector.
Employers routinely kept possession of migrant workers'
registration and travel documents, which restricted their travel
outside of the work premises. There continued to be reports of
sweatshops or abusive treatment in livestock farms, seagoing trawlers,
animal feed factories, and seafood processing factories in which
employers prevented workers, primarily foreign migrants, from leaving
the premises. There were no estimates of the number of such workplaces,
but the large number of migrants from Burma, Cambodia, and Laos created
opportunities for abuse.
On January 16, the police rescued three Laotian girls and arrested
three Thais on charges of abuse and child slavery. The girls worked as
domestic employees in Samut Prakarn for two years before being rescued.
They were regularly beaten or burned when the employers were
dissatisfied with their work.
On February 4, four Burmese migrant workers were shot and killed,
at point-blank range and with their hands bound, on a rubber plantation
in Surat Thani Province. Police arrested six suspects, five of whom
were tried; on December 25, three received the death penalty and two
received life sentences.
Police arrested four individuals in the June 2007 death of a Karen
migrant worker who attempted to flee a factory in Supanburi Province,
where he allegedly had been subjected to forced labor and severe
physical abuse by his employer. Factory owner Sarawut Ayuken was
charged with murder and with providing work and shelter to illegal
migrant workers. In 2007 the court sentenced him to 12 months'
imprisonment and a fine of 35,000 baht, (1,050), but he then changed
his plea to guilty and, in exchange for acknowledging fault, received a
lesser sentence of two years' probation and a fine of 17,500 baht
($525). The cases against the other three suspects remained with the
provincial court.
Problems encountered by Thai citizens working overseas highlighted
the problem of exploitative labor supply agencies that charged heavy
and illegal recruitment fees often equal to all of a worker's first--
and second-year earnings. In many cases recruited workers did not
receive the terms they were promised and incurred significant debt.
Local banks contributed to this practice by offering exorbitant loans
to allow workers to pay recruitment fees, which ranged from 300,000 to
one million baht ($9,000 to $30,000) for workers traveling abroad.
d. Prohibition of Child Labor and Minimum Age for Employment.--In
general, sufficient legal protections exist for children in the formal
economic sector. The Labor Protection Act is the primary law regulating
employment of children under the age of 18. Employment of children
under 15 is prohibited. Children under 18 may not be employed in
hazardous work, which includes any activity involving metalwork,
hazardous chemicals, poisonous materials, radiation, and harmful
temperatures or noise levels; exposure to toxic microorganisms;
operation of heavy equipment; underground or underwater work; and work
in places where alcohol is sold or in hotels or massage parlors. The
maximum penalty for violating these prohibitions is one year in prison.
The law does not cover the agricultural and informal sectors, including
domestic work, which employ the majority of persons in the workforce,
including many child workers. The law allows for issuance of
ministerial regulations to address sectors not covered in the law, and
since 2004 regulations have increased protections for child workers in
domestic and agricultural sector work. The minimum working age is
coordinated with the mandatory national educational requirement.
Child labor remained a problem, particularly in agriculture,
fishing, domestic work, and entertainment industries as well as street
begging. Contradictory surveys by various government agencies, which
largely ignored foreign children and those in illegal industries, made
estimating the scope of the phenomenon difficult. According to a study
funded by the Ministry of Labor and the ILO, labor abuse of child
citizens was declining and such children made up less than 1 percent of
the workforce. However, abuse of underage migrant workers, especially
from Burma, was widespread and continued to increase.
The Ministry of Labor estimated that approximately 300,000 children
between 15 and 17 years old were working legitimately. However, the
number of all child laborers was much larger when taking into
consideration child laborers under 15 and unregistered migrant
children. NGOs reported that 2 to 4 percent of children between the
ages of six and 14 worked illegally in urban areas; such children were
at risk of becoming victims of other abuses of labor laws. Most
underage workers in urban areas worked in the service sector, primarily
in gasoline stations, small scale industry, and restaurants. Child
labor was less evident in larger, export-oriented factories. NGOs also
reported extensive child labor in garment factories along the Burmese
border, in Mae Sot Province. However, there was no comprehensive survey
of child labor throughout the country, since NGOs often did not have
access to shophouse factories. NGOs reported child domestic workers
were predominantly migrants from Burma, Cambodia, and Laos. Most were
in the country illegally, increasing their vulnerability to
exploitation. Minimum wage and age provisions of the Labor Protection
Act do not apply to domestic workers, some of whom were believed to be
less than 15 years of age. There are regulations that extend certain
protections to children in the domestic and agricultural sectors,
although the effects of these regulations have not been measured.
Children (usually foreign) were exploited in street selling,
begging, domestic work, agriculture work, and prostitution in urban
areas, sometimes in a system of debt bondage. There were reports of
street children who were bought, rented, or forcibly ``borrowed'' from
their parents or guardians to beg alongside women in the street. A 2006
ILO study in six provinces concluded that almost half of child laborers
were involved in the worst forms of child labor due to long working
hours (more than eight hours per day) and hazardous work.
The Ministry of Labor is the primary agency charged with enforcing
child labor laws and policies. In 2007 the Ministry of Labor inspected
672 establishments employing 10,044 child workers (under age 18), with
four establishments found to be using underage workers (in most cases,
under 15). Inspectors usually responded only to specific public
complaints, reports of absences by teachers, or reports in newspapers.
Their inclination when dealing with violators was to negotiate promises
of better future behavior rather than seek prosecution and punishment.
The legal requirement for a warrant hampered inspection of private
homes to monitor the welfare of child domestic workers.
e. Acceptable Conditions of Work.--The minimum wage ranged from 148
baht to 203 baht per day ($4.44 to $6.09), depending on the cost of
living in various provinces. This wage was not adequate to provide a
decent standard of living for a worker and family. Although the minimum
wage increased over the year, especially in provinces adjacent to
Bangkok, it did not keep pace with inflation. The minimum wage is set
by provincial tripartite wage committees that sometimes included only
employer representatives.
The Government sets wages for state enterprise employees under
SELRA. Wages for civil servants are determined by the Office of Civil
Service Commission. However, the new Civil Servant Act that took effect
on January 26 gives each ministry or department more flexibility in
designing civil servant salary levels.
The Ministry of Labor is responsible for ensuring that employers
adhere to minimum wage requirements (applicable to the formal sector);
however, enforcement of minimum wage laws was mixed. Academics
estimated that one third of formal sector workers nationwide received
less than the minimum wage, especially those in rural provinces. In
addition, many labor laws, including the minimum wage law, do not apply
to undocumented workers, primarily hill tribe members and illegal
aliens. An estimated one to two million unskilled and semiskilled
migrant workers worked for wages that were less than half the minimum
wage.
The Labor Protection Law mandates a uniform workweek of 48 hours,
with a limit on overtime of 36 hours per week. Employees engaged in
``dangerous'' work, such as in the chemical, mining, or other
industries involving heavy machinery, legally may work a maximum of 42
hours per week and are not permitted overtime. Petrochemical industry
employees cannot work more than 12 hours per day and can work
continuously only for a period not exceeding 28 days. The Government
enforced the work hour standards. There were reported incidents of
employees forced to work overtime, with punishments and dismissals for
workers who refused. Typically, migrant workers worked 12 hours per
day, with one day off a month.
Working conditions varied widely. During the year there were
163,137 reported incidents of diseases and injuries from industrial
accidents. This included 117,585 minor disabilities (resulting in no
more than three days of missed work) and 2,628 disabilities resulting
in more than three days' missed work (including permanent disabilities
and deaths). However, the rate of incidents occurring in the larger
informal and agricultural sectors and among migrant workers was
believed to be higher. Occupational diseases rarely were diagnosed or
compensated, and few doctors or clinics specialized in them. The
approximately 50,000 young migrant women employed in textile factories
along the Burma border in Mae Sot in Tak Province had limited and
substandard medical care options, and many suffered from stress-related
disorders and complications from abortions. In medium-sized and large
factories, government health and safety standards often were applied,
but enforcement of safety standards was lax. In the large informal
sector, health and safety protections were substandard.
Provisions of the Labor Protection Act include expanded protection
for pregnant workers, prohibiting them from working on night shifts,
overtime, and holidays, with dangerous machinery, or on boats. Despite
the act's prohibition against dismissing pregnant workers regardless of
their nationalities, there were reports that employers of migrant women
fired those who became pregnant.
The Ministry of Labor promulgates health and safety regulations
regarding conditions of work and is responsible for their enforcement;
however, the inspection department enforced these standards
ineffectively, due to a lack of human and financial resources. There is
no law affording job protection to employees who remove themselves from
dangerous work situations. According to the Ministry of Labor's
Department of Labor Protection and Welfare, mining, consumer goods
production, and the construction industry violated the most laws
regarding workers' safety.
Redress for workers injured in industrial accidents was rarely
timely or sufficient. Few court decisions were handed down against
management or owners involved in workplace disasters.
Despite the new registration process, migrant workers, especially
from Burma, remained particularly vulnerable to poor working conditions
due to a lack of labor rights. According to Amnesty International, they
were routinely paid well below the minimum wage, worked long hours in
unhealthy conditions, and were at risk of arbitrary arrest and
deportation. In addition, improper wage deductions for registration,
health care, sick days, and employee errors were widespread. Attempts
by registered migrant workers to carry out work stoppages to demand
minimum and back wages, along with better working conditions, often led
to deportations, resulting from apparent collusion between factory
owners and local government immigration officials.
Migrant workers also faced discrimination by a Social Security
Office (SSO) policy that denies disabled but registered migrants access
to the Workmen's Compensation Fund (WCF). In January the WCF Committee
rejected an appeal from Shan migrant worker Nang Noom Mai Seng, who was
permanently disabled after a 2006 construction accident while working
at the Shangri-la Hotel in Chiang Mai. In February Nang Noom petitioned
a labor court and argued that a circular in the SSO was discriminatory,
unlawful, and in breach of the constitution. In July the Labor Court
rejected her petition, and the case was pending before the Supreme
Court.
In April three Shan migrant workers, including Nang Noom An,
submitted an additional case to an administrative court requesting
revocation of the same SSO policy. The Supreme Administrative Court
ruled in November that administrative courts have no jurisdiction to
rule on labor cases. NGOs subsequently commented that there existed a
gap in the justice system's ability to rule on the legality of labor
policies, whether related to citizens or migrant workers.
In some areas provincial governors issued decrees that led to a
restriction of rights of migrant workers. Phuket, Ranong, Rayong, Phang
Nga, Samut Sakorn, Surat Thani, and Krabi provinces issued decrees that
included sections prohibiting migrant workers from owning mobile
telephones or riding motorcycles, leaving a worksite at night between
the hours of 8 p.m. and 6 a.m., gathering in assemblies of more than
five persons, or organizing or taking part in cultural events. However,
the regulations were not rigorously enforced. There were many reports
of migrant workers being detained by police officers and asked for
bribes to avoid deportation. There continued to be credible reports of
NGO personnel being assaulted or threatened by security officials while
trying to assist migrant workers.
__________
TIMOR-LESTE
Timor-Leste is a multiparty parliamentary republic with a
population of approximately 1.1 million. President Jose Ramos Horta was
head of state. Prime Minister (PM) Kay Rala Xanana Gusmao headed a
four-party coalition government formed following free and fair
elections in June 2007. In an exchange of gunfire with armed rebels on
February 11, President Ramos Horta was wounded seriously and PM Gusmao
was unhurt. As provided for in the constitution, the Government imposed
a state of emergency from February through May. International security
forces in the country included the UN Police (UNPOL) within the UN
Integrated Mission in Timor-Leste (UNMIT) and the International
Stabilization Force (ISF), neither of which was under the direct
control of the Government. The national security forces are the
National Police (PNTL) and Defense Forces (F-FDTL). While the
Government generally maintained control over these forces, there were
problems with discipline and accountability.
Serious problems included: police use of excessive force and abuse
of authority; perception of impunity; arbitrary arrest and detention;
an inefficient and understaffed judiciary that deprived citizens of due
process and an expeditious and fair trial; conditions in camps for
internally displaced persons (IDPs) that endangered health, security,
education, and women's and children's rights. Domestic violence, rape,
and sexual abuse were also problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
politically motivated killings during the year; however, on February
11, F-FDTL guards shot and killed Major Alfredo Reinado and one of his
followers when a band of rebels led by Reinado gained entry to the
presidential compound; President Ramos--Horta was severely wounded. A
separate group of Reinado's followers attacked the convoy of PM Xanana
Gusmao. Gusmao was unhurt. The Government formed a joint PNTL/F-FDTL
command to apprehend the attackers, and parliament declared a state of
siege that imposed a curfew, relaxed legal requirements for searches
and arrests, and restricted demonstrations. The application of the
state of siege was modified as a state of emergency and extended on
several occasions until Reinado's second in command, Lieutenant Gastao
Salsinha, and 11 others surrendered to the authorities on April 29.
On April 5, in Bobonaro District, an F-FDTL member shot and killed
a civilian who reportedly threatened the F-FDTL member with a machete.
The authorities investigated the case and forwarded it to the
prosecutor general for further action.
Legal proceedings were ongoing against Luis da Silva, an off duty
officer accused of shooting a member of then candidate Xanana Gusmao's
security detail at a political rally in Viqueque in June 2007.
There were no developments in the inquiry into the August 2007 case
of a PNTL unit firing into a crowd in Viqueque, killing two.
The four F-FDTL soldiers sentenced to 12 years, 11 years, and 10
years for the 2006 killing of eight unarmed PNTL personnel were serving
their sentences at the military prison at F-FDTL headquarters in Dili.
A local human rights nongovernmental organization (NGO) and government
contacts expressed concern that there was no civilian oversight of the
prison.
There were no developments in the following 2006 cases: the January
killing of three men by Border Patrol Unit personnel; the May mob
killing of a police officer in Ermera District; and the May killing of
six persons in a house set on fire by a mob. Investigations into other
cases stemming from the April-May 2006 violence continued. Some
individuals identified for investigation in the 2006 UN Commission of
Inquiry Report were subpoenaed to testify regarding their role in
illegal arms distribution.
In May President Ramos--Horta granted pardons to a number of
persons including former interior minister Rogerio Lobato sentenced for
illegally distributing weapons during the 2006 violence and Joni
Marques, a pro-Indonesia militia leader, sentenced for multiple
killings in 1999 (See Section 1.d.).
b. Disappearance.--There were no reports of politically motivated
disappearances
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the Government
generally respected the prohibition against torture; however, there
were incidents of cruel or degrading treatment of civilians by police
and military personnel. Members of Parliament, NGOs, UNMIT, and the
Office of the Ombudsman received numerous complaints of use of
excessive force by personnel of the Joint Command or regular PNTL
during the state of emergency. The Office of the Ombudsman eventually
recorded 44 such cases, most involved beatings, mistreatment during
detention, threats made at gunpoint, and intimidation. As a result one
army officer was removed from the field of operations, 14 soldiers were
verbally disciplined, and, at year's end, the remaining cases were
under investigation.
UNMIT's human rights unit and NGOs received numerous complaints of
excessive force and degrading treatment by the Dili Task Force, a rapid
reaction PNTL unit created in December 2007. On May 24, Task Force
members severely beat four residents including a woman of Dili's
Quintal Boot neighborhood. The case was under investigation by the
PNTL's National Investigation Division (NID).
Joint Command forces operating in Ermera during the state of
emergency reportedly carried out beatings, intimidation, and unlawful
searches and violated villagers' freedom of movement. On March 12, 17
persons complained of mistreatment; and on April 14, 13 persons
reportedly were ill treated, two of whom required hospitalization.
F-FDTL personnel deployed in western districts were involved in
violent altercations unrelated to their duties. In May a soldier at a
wedding party in Letefoho Sub-District, Ermera, opened fire after a
woman refused to dance with him. The woman was injured and taken to
Dili hospital for treatment. The NID reportedly investigated and sent
its findings to the prosecutor general. In a May 11 incident in
Lahomea, Bobonaro, F-FDTL soldiers severely beat two merchants. One of
the merchants required hospitalization.
In January three PNTL officers were arrested in Suai for having
participated in gang-related violence that resulted in 15 persons
injured and 20 houses burned.
Delay or refusal by police to investigate allegations of rape or
domestic violence was a common problem.
At year's end there were no developments in the March 2007 case in
which an armed group wearing F-FDTL uniforms attacked and burned the
homes of six families in Dili.
At year's end there were no developments in the March 2007 case
when 6 to 10 F-FDTL uniformed persons attacked several homes near the
national hospital.
At year's end there were no developments in the March 2007 case
when F-FDTL members detained and allegedly beat approximately 10
persons for disorderly conduct.
At year's end there were no developments in the April 2007 case
when PNTL officers in Covalima District shot and beat a civilian.
Other abuses included intimidation of IDP camp residents by groups
operating both in and outside of the camps and attacks and intimidation
of communities or individuals.
Prison and Detention Center Conditions.--There were four
government-run prisons, located in Dili, Baucau, and Gleno. Prisoners
from the Baucau prison were transferred to Dili's Becora prison pending
renovation. Government and local NGO figures listed the number of
prisoners in the country as 179. Prison conditions generally met
international standards. The F FDTL opened a military prison facility
at its headquarters in Dili. A local human rights NGO and government
contacts expressed concern that there was no civilian oversight of the
military prison.
UNMIT personnel noted allegations of mistreatment of detainees by
prison guards during the first 72 hours of imprisonment and a lack of
special facilities for the mentally ill who consequently were detained
along with other prisoners. Despite some improvements with regard to
access to food and water, police station detention cells generally did
not comply with international standards and lacked sanitation
facilities and bedding.
The Government and international forces permitted prison visits by
the International Committee of the Red Cross and independent human
rights observers. The ombudsman was able to conduct almost daily
detainee monitoring in Dili.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, there were many instances in which these
provisions were violated, often because magistrates or judges were
unavailable.
Role of the Police and Security Apparatus.--The president is
commander-in-chief of the armed forces, but the chief of defense, the
F-FDTL's senior military officer, exercised effective day-to-day
command. Civilian secretaries of state for public security and defense
oversaw the PNTL and F FDTL, respectively. With the formation of the
Joint Command, the F-FDTL assumed a role in maintaining public order.
UNMIT continued efforts to reform, restructure, and rebuild the
PNTL in the wake of its collapse during the political crisis of 2006. A
central element was a ``screening'' to ensure that each of the
approximately 3,000 PNTL officers was checked for integrity and past
crimes or misbehavior. Following screening, officers were to go through
renewed training and a six-month UNPOL mentoring program. By year's end
approximately 2,700 officers had completed the UNPOL program.
Each of the country's 13 districts has a district PNTL commander
who normally reports to the PNTL general commander. In spite of
improvements due to the UNPOL training, the PNTL as an institution
remained poorly equipped and undertrained, subject to numerous credible
allegations of abuse of authority, mishandling of firearms, and
corruption.
Some police officers did not pass the vetting process and were on
suspension pending further investigation. UNMIT conducted human rights
training sessions for senior PNTL personnel, and the PNTL received
training from bilateral partners.
The PNTL established a Professional Ethics Office (PEO) to enforce
discipline and accountability. The F-FDTL Military Discipline
Regulations relied on a disciplinary process for alleged human rights
violations. However, there was no formal accountability mechanism in
place to address misconduct in the military, and lack of capacity
hindered the progress of investigations within the police. Government
contacts and NGOs reported that cooperation from the police with
civilian authorities in serious disciplinary cases was limited.
More than 1,100 ISF personnel from Australia and New Zealand
supported the police and security forces.
During the state of emergency, the Joint Command helped provide
security at key Dili installations and escorted humanitarian convoys.
On some occasions, in violation of clear rules of engagement requiring
that the police (international or domestic) be called first in the
event of any security threat, the F-FDTL resorted to firing warning
shots as an initial response.
Arrest and Detention.--The law requires judicial warrants prior to
arrests or searches, except in exceptional circumstances; however, this
provision was often violated. The extreme shortage of prosecutors and
judges outside of the capital contributed to police inability to obtain
required warrants.
Government regulations require a hearing within 72 hours of arrest
to review the lawfulness of an arrest or detention and also to provide
the right to a trial without undue delay. During these hearings, the
judge may also determine whether the suspect should be released because
evidence is lacking or the suspect is not considered a flight risk. The
countrywide shortage of magistrates meant that police often made
decisions without legal authority as to whether persons arrested should
be released or detained after 72 hours in custody. This contributed to
an atmosphere of lawlessness and impunity. Judges may set terms for
conditional release, usually requiring the suspect to report regularly
to police.
During the state of emergency, there were at least 11 cases of
arrests by the Joint Command or regular PNTL that were not in
compliance with legal procedures. There were numerous reports of F-FDTL
detaining civilians contrary to rules of engagement, and in at least
three cases the F-FDTL removed detainees from PNTL custody. In one case
soldiers removed a suspect from UNMIT police custody.
The law provides for access to legal representation at all stages
of the proceedings, and provisions exist for providing public defenders
to indigent defendants. However, there was an extreme shortage of
qualified public defenders, and many indigent defendants relied on
lawyers provided by legal aid organizations. A number of defendants who
were assigned public defenders reported that they had never seen their
lawyer, and there were concerns that some low priority cases were being
delayed indefinitely while suspects remained in pretrial detention.
In 2003 the Court of Appeals ruled that the pretrial detention
limit of six months and the requirement that such detentions be
reviewed every 30 days need not apply in cases involving certain
serious crimes; however, the 30-day review deadline was missed in a
large number of cases involving less serious crimes, and a majority of
the prison population consisted of pretrial detainees.
Amnesty.--In May the president commuted the sentences of and
pardoned 94 persons. The pardons and commutations were granted without
any formal evaluation of the beneficiaries' conduct in prison or
ability to reintegrate into society. Some politicians and NGOs
challenged the legality of the president's actions.
e. Denial of Fair Public Trial.--The law provides that judges shall
perform their duties ``independently and impartially'' without
``improper influence'' and requires public prosecutors to discharge
their duties impartially. However, the country's judicial system faced
a wide array of challenges including concerns about the impartiality of
some judicial organs, a severe shortage of qualified personnel, a
complex and multi-sourced legal regime, and the fact that the majority
of the population does not speak Portuguese, the language in which the
laws were written and the courts operated. Access to justice was
notably constrained.
The court system includes four District Courts (Dili, Baucau, Suai,
and Oecussi) and a national Court of Appeals in Dili. The Ministry of
Justice is responsible for administration of the courts and prisons and
also provides defense representation. The Prosecutor General--
independent of the Ministry of Justice--is responsible for initiating
indictments and prosecutions. Until a supreme court is established, the
Court of Appeals remains the country's highest tribunal.
Progress in establishing justice sector institutions and recruiting
and training qualified judges, prosecutors, and defense attorneys was
slow. By year's end, 13 judges, 13 prosecutors, and 11 public defenders
of Timorese nationality were assigned to the country's judicial
institutions. However, the system remained heavily dependent on
international judges, prosecutors, and public defenders. Private
lawyers continued to represent the majority of defendants in the
District Courts.
A court operating five days a week was established in Baucau.
However, judges, prosecutors, and public defenders assigned to other
districts outside Dili did not reside in these areas. Their
intermittent presence continued to severely hamper the functioning of
the judiciary outside the capital.
Personnel shortages and administrative issues disproportionately
affected operations of the Oecussi and Suai District Courts, which
operated at irregular intervals throughout the year. The trial process
often was hindered by nonattendance of witnesses due to lack of proper
notification or lack of transportation. The shortage of qualified
prosecutors and technical staff in the office of the prosecutor general
hampered its work and resulted in a large case backlog. International
prosecutors continued to handle sensitive cases related to the 2006
crisis. At year's end there was a nationwide backlog of approximately
5,400 cases. The length of time for cases to come to trial varied
significantly, with some delayed for years and others tried within
months of accusations.
Trial Procedures.--The law provides for the right to a fair trial;
however, the severe shortages of qualified personnel throughout the
system led to some trials that did not fulfill prescribed legal
procedures. Trials are before judges. Except in sensitive cases, such
as crimes involving sexual assault, trials are public; however, this
principle was inconsistently applied. Defendants have the right to be
present at trials and to consult with an attorney in a timely manner.
Attorneys are provided to indigent defendants. Defendants can confront
hostile witnesses and present other witnesses and evidence. Defendants
and their attorneys have access to government-held evidence. Defendants
enjoy a presumption of innocence and have a right of appeal to higher
courts.
The legal regime is complex and was inconsistently applied. Pending
development of a complete set of national laws, Indonesian laws and the
UN's transitional regulations remained in effect. The constitution
stipulates that UN regulations supersede Indonesian laws; however, this
was inconsistently applied. Also of concern was confusion regarding how
to apply different sources of law, particularly in criminal cases where
the Indonesian penal code remained in effect, but procedure was
governed by a national criminal procedure code.
The Court of Appeals operated primarily in Portuguese. The UN
regulations, many of which remained in force, were available in
English, Portuguese, Indonesian, and Tetum (the language most widely
spoken in the country). Laws enacted by parliament, intended to
supplant Indonesian laws and UN regulations, were published in
Portuguese but were seldom available in Tetum. Litigants, witnesses,
and criminal defendants often were unable to read the new laws. Trials
are required to be conducted in Portuguese and Tetum. However, the
quality of translation provided in court varied widely, and
translations into Tetum were often incomplete summaries. The prevalence
of other local languages compounded this problem in the districts,
particularly in Oecussi.
As in previous years, concerns arose over the lack of witness-
protection arrangements. In many violent crimes, witnesses were
unwilling to testify because of the high potential for retribution
against themselves or their families. Court personnel also reported
increased concern regarding their own safety.
The 2006 UN Commission of Inquiry (COI) report recommended
prosecution of more than 60 individuals for criminal culpability in the
April and May 2006 crisis and investigation of more than 60 others for
possible involvement in these crimes.
Despite COI recommendations, the Government had not brought charges
against the F-FDTL commander or the former minister of defense.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Civil judicial procedures
were beset by the same problems encountered by the judicial system as a
whole. The ombudsman can sue government agencies/agents for alleged
human rights abuses; however, its approach has been to refer findings
of abuse to the prosecutor general or the leadership of the PNTL or F-
FDTL.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice; however, there were
reports of arbitrary interference with privacy and home. During the
state of emergency, there were at least three instances in which the
PNTL or Joint Command carried out searches without warrants.
A 2003 land law broadly defines what property belongs to the
Government and has been criticized as disregarding many private claims.
Many Dili residents arrived as internal migrants after 1999 and
occupied empty houses or built houses on empty lots. The majority of
properties in Dili are deemed state property, and in previous years the
Government evicted persons from land identified as state property at
times with little notice and with no due process.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. Individuals generally could criticize the
Government without reprisal, and a UN executive order decriminalizes
defamation. However, an Indonesian penal code provision that
criminalizes defamation also remains in place. At year's end the
Ministry of Justice was pressing charges against a journalist under
this defamation law.
There were three daily newspapers, three weeklies, and several
newspapers that appeared sporadically. All frequently criticized the
Government and other political entities editorially.
Television and radio broadcasts were the primary sources for news.
However, there was often no reception outside Dili and district
capitals, and broadcasts were often irregular due to technical or
resource problems. Many persons did not have access to televison or
radio.
On January 18, PM Gusmao threatened to arrest journalists who
publish ``erroneous'' information.
On February 22, PNTL officers arrested and beat a journalist who
was reportedly in violation of curfew; after 11 hours he was released.
The state secretary for security publicly apologized for the use of
``unjustified force.''
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Internet access was extremely limited.
Academic Freedom and Cultural Events.--The Government generally did
not restrict academic freedom or cultural events. A 2004 law requires
that academic research on Tetum and other indigenous languages be
approved by the National Language Institute.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The Government suspended freedom of assembly and the right
to demonstrate during the state of emergency. These rights subsequently
were restored in full.
The law on assembly and demonstrations establishes guidelines to
obtain permits to hold demonstrations and requires police be notified
four days in advance of any demonstration or strike. The law also
stipulates that demonstrations cannot take place within 100 yards of
government buildings or facilities, diplomatic facilities, or political
party headquarters. In practice demonstrations were allowed to take
place without the requisite advance notification, and the 100-yard
regulation was rarely observed. However, in August PNTL officers cited
the rule in arresting over 50 students during a demonstration at the
national university (within 100 yards of the parliament). The detainees
were released after six to 72 hours of detention, and there were no
reports of mistreatment.
Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right in
practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice. An overwhelming majority of the population was Roman
Catholic. There were small Protestant and Muslim minorities who were
generally well integrated into society.
Societal Abuses and Discrimination.--Outside of the capital, non--
Catholic religious groups were at times regarded with suspicion. There
were reports that Catholics who converted to other religions were
subjected to harassment and abuse by community members.
There was no indigenous Jewish population, and there were no
reports of anti--Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for freedom of movement
within the country, foreign travel, emigration, and repatriation, and
the Government generally respected these rights in practice. During the
state of emergency, in addition to curfews and roadblocks that
interfered with freedom of movement, persons in the Emera District,
where the remnants of Reinado's followers were believed to be, were
obstructed from going to their coffee farms. The Government cooperated
with the Office of the UN High Commissioner for Refugees and other
humanitarian organizations in providing protection and assistance to
internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
Travel to the western enclave of Oecussi required visas and lengthy
stops at various Indonesian military, police, immigration, and customs
checkpoints.
The law prohibits forced exile, and the Government did not employ
it.
Internally Displaced Persons (IDPs).--At year's end approximately
30,000 residents remained displaced from their homes as a result of the
2006 crisis. Between February and April, international donors and the
Government ceased monthly food distributions in the camps. The
Ministries of Social Solidarity and of Health, with the support of
international donors, set up mobile clinics to provide basic health
care to residents and provided transportation and logistical support to
assist with relocation efforts. In addition the PNTL established
security posts in neighborhoods where residents resettled. Around Dili,
large IDP camps at the Nicolau Lobato Airport, National Hospital, Dom
Bosco, and Dili Port were successfully disbanded. Over 40,000 IDPs left
the IDP camps beginning in April and returned to their homes under a
government subsidy program which granted families up to $4,500 (the
U.S. dollar is the local currency) to leave the camps voluntarily and
rebuild their homes. The absence of laws safeguarding land and property
ownership remained a serious long term concern for some IDPs.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status to persons in accordance with the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol,
and the Government established a system for providing protection to
refugees. The Government granted refugee status or asylum in the past;
however, there were concerns that the country's regulations governing
asylum and refugee status may preclude genuine refugees from proving
their eligibility for such status. For example, persons who wish to
apply for asylum have only 72 hours to do so after entry into the
country. Foreign nationals already present in the country have only 72
hours to initiate the process after the situation in their home country
becomes too dangerous for them to return safely. A number of human
rights and refugee advocates maintained that this time limit
contravened the 1951 convention. These advocates also expressed concern
that no written explanation is required when an asylum application is
denied. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--The president and
parliament were elected in generally free and fair national elections
in 2007. The Government headed by PM Gusmao is a four-party coalition
controlling 37 seats in the 65 seat parliament.
There were 19 women in the parliament. Women held three senior
ministerial positions--finance, justice, and social solidarity-one
vice-minister position, and one Secretary of State position.
The country's small ethnic minority groups were well integrated
into society. The number of members of these groups in parliament and
other government positions was uncertain.
Government Corruption and Transparency.--PM Gusmao and other
national leaders publicly acknowledged the extent of official
corruption. The law provides for criminal penalties for official
corruption; however, the Government did not implement the law
effectively, and officials frequently engaged in corrupt practices. The
Ombudsman's Office by law is the institution charged with leading
national anticorruption activities and has the authority to refer cases
for prosecution. During the year the ombudsman referred 16 cases of
government corruption to the Prosecutor General's Office. In August
senior officials in the Ministries of Infrastructure and Health were
dismissed for their involvement in corrupt practices. Also in August,
eight PNTL officials were suspended for having embezzled funds. At
year's end this investigation was continuing.
The country does not have financial disclosure laws. PM Gusmao
required that all cabinet officials in his government complete
financial disclosure documents, but by year's end none had done so.
The law stipulates that all legislation, Supreme Court decisions
(when the court is established), and decisions made by government
bodies must be published in the official gazette. If not published they
are null and void. Regulations also provide for public access to court
proceedings and decisions and the national budget and accounts. In
practice there were concerns that public access to information was
constrained. For example, the official gazette was published only in
Portuguese, although by law it is to be published in Tetum as well.
Moreover, its irregular publishing schedule and varying cost meant that
few journalists, public servants, or others had regular access to it or
knew how to access it.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. NGOs also played an
active role in assisting and advising in the development of the
country. National and international NGOs, in coordination with the
ombudsman, monitored human rights issues in IDP camps. The Government
generally cooperated with these organizations, but during the year
there were instances of security authorities preventing or resisting
efforts to monitor human rights compliance.
There were credible reports that, following the February 11
attacks, members of the Joint Command explicitly warned villagers in
Ermera against making human rights complaints. In October a human
rights monitor investigating a case in Maliana was assaulted by the
local PNTL commander. The commander was subsequently replaced and his
successor apologized for the incident.
The Office of the Ombudsman for Human Rights and Justice is
responsible for the promotion of human rights, anticorruption, and good
governance, and the ombudsman has the power to investigate and monitor
human rights abuses, corruption, and governance standards and make
recommendations to the relevant authorities. The Ombudsman's Office was
located in Dili and had limited ability to conduct outreach or other
activities in the districts. However, in December it opened its first
district field office in Oecussi. The Human Rights Monitoring Network,
made up of 10 NGOs, closely cooperated with the ombudsman.
On July 15, President Ramos--Horta and Indonesian President
Yudhoyono publicly accepted the bilateral Commission on Truth and
Friendship's finding that gross human rights violations had been
committed during and after the 1999 independence referendum. The report
assigned ``institutional responsibility'' for such violations to the
Indonesian Armed Forces. Presidents Yudhoyono and Ramos--Horta also
accepted the report's other findings, conclusions, and recommendations.
Of the 94 beneficiaries of the May 20 Presidential Decree extending
pardons or partial commutations of sentences, nine had been convicted
of crimes against humanity committed in 1999.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
Government regulations prohibit all forms of discrimination.
Nonetheless, violence against women was a problem, and discrimination
against women, persons with disabilities, and members of minority
groups occurred.
Women.--Gender-based violence remained a serious concern. Although
rape is a crime, failures to investigate or prosecute cases of alleged
rape and sexual abuse were common as were long delays. Authorities
reported that the backlog of court cases led some communities to
address rape accusations through traditional law, which does not always
provide justice to victims. An UNMIT report noted that the definition
of rape may be too narrow to protect women's rights to personal
integrity; spousal rape, for example, under applicable Indonesian law
is not a crime.
Key legislation that would address legal gaps or establish clear
guidelines to handle gender-based violent crimes had not been adopted
by year's end.
Domestic violence against women was a significant problem often
exacerbated by the reluctance of authorities to respond aggressively.
Cases of domestic violence and sexual crimes generally were handled by
the PNTL's Vulnerable Persons Units (VPUs). Women's organizations
assessed VPU performance as variable, with some officials actively
pursuing cases and others preferring to handle them through mediation
or as private family matters. VPU operations were severely constrained
by lack of support and resources. UNMIT reported that women
increasingly reported abuses to the police in contrast to previous
years. The police were particularly slow to pursue cases where the
accused occupied a position of power. Police also at times came under
pressure from community members to ignore cases of domestic violence or
sexual abuse.
Government regulations prohibit persons from organizing
prostitution; however, under the Court of Appeals' interpretation of
Indonesian laws, prostitution is not illegal. Nonetheless, in past
years there were reports of women being arrested for prostitution.
There was no law prohibiting sexual harassment, and sexual
harassment was reportedly widespread, particularly within some
government ministries and the police.
There were no reports of gender-based employment discrimination;
however, women usually deferred to men when job opportunities arose at
the village level.
Some customary practices discriminate against women. For example,
in some regions or villages where traditional practices hold sway,
women may not inherit or own property. Traditional cultural practices
such as payment of a bride price and occasionally polyandry also
occurred.
The Secretary of State for gender issues in the prime minister's
office is responsible for the promotion of gender equality. UNMIT's
Gender Affairs Unit also monitored discrimination against women.
Women's organizations offered some assistance to female victims of
violence, including: shelters for victims of domestic violence and
incest; a safe room at the national hospital for victims of domestic
violence and sexual assault; and escorts to judicial proceedings.
Women's and human rights monitoring organizations formed a committee to
monitor violence against women in the IDP camps and to train camp
managers to identify and pursue such cases.
Children.--Although constrained by weak capacity and limited
resources, the Government was committed to children's rights and
welfare, and fully engaged with international organizations and NGOs
working in this area. The constitution stipulates that primary
education shall be compulsory and free; however, no legislation had
been adopted establishing the minimum level of education to be
provided, nor had a system been established to ensure provision of free
education. According to UN statistics, approximately 20 percent of
primary school-age children nationwide were not enrolled in school; the
figures for rural areas were substantially worse than those for urban
areas.
In rural areas heavily indebted parents sometimes provided their
children as indentured servants as a way to settle the debt. If the
child was a girl, the receiving family may also demand any dowry
payment normally owed to the girl's parents.
Violence against children and child sexual assault was a
significant problem. Some commercial sexual exploitation of minors
occurred. The Indonesian penal code, which remains in effect pending
the promulgation of a national penal code, is ambiguous regarding
statutory rape, specifying only that it is a crime to have intercourse
with someone who has not reached the age of consent for marriage. This
age is specified as 15 in the Indonesian civil code.
Thousands of children remained at risk due to their continued
displacement. The capacity of the state, communities, and families to
protect children was seriously challenged. Incidents of child abuse,
including sexual abuse, were reported both inside and outside the IDP
camps. Underreporting of child abuse was a problem.
Many students living in IDP camps enrolled in schools near their
camp. However, camp-based education was not provided at several IDP
camps.
Trafficking in Persons.--The Immigration and Asylum Act prohibits
trafficking of adults and children, whether for prostitution or for
forced labor; however, in recent years there were reports of women and
girls trafficked into the country for prostitution. In addition during
the year there was increased concern that growing poverty created
conditions conducive to domestic trafficking.
A local NGO estimated that more than 100 foreign prostitutes in the
capital might be victims of trafficking. Several establishments in the
capital were known commercial sex operations and were suspected of
being involved in trafficking. Trafficking victims in the country were
almost exclusively forced to work in the sex industry. Reports of
trafficking for forced labor have not been verified.
While the police conducted raids on brothels and massage parlors in
Dili during the year, credible reports indicated that some police and
customs officials colluded with such establishments or with those who
trafficked foreign women into the country to work in them.
The Government cooperated with various international and NGO
programs. The Alola Foundation, an NGO, provided assistance to female
victims of trafficking and advised the Government on trafficking-
related issues.
During the year the Prosecutor General's Office expanded its
antitrafficking education campaign and financially supported other
antitrafficking programs with assistance from local and international
NGOs. The Government held two workshops for police, military, civil
servants, NGOs, and government officials to raise human trafficking
awareness and combat widespread ignorance about the trafficking issue.
High-level officials served as keynote speakers at the workshops, and
antitrafficking and gender-based violence posters containing emergency
contacts for victims were distributed throughout the districts to
assist potential victims.
Persons With Disabilities.--Although the constitution protects the
rights of persons with disabilities, the Government had not enacted
legislation or otherwise mandated accessibility to buildings for
persons with disabilities, nor does the law prohibit discrimination
against persons with disabilities. There were no reports of
discrimination against persons with disabilities in employment,
education, or the provision of other state services; however, in many
districts children with disabilities were unable to attend school due
to accessibility problems. Training and vocational initiatives did not
address the needs of persons with disabilities. During the year some
persons with mental disabilities faced discriminatory or degrading
treatment due in part to a lack of appropriate treatment resources or
lack of referral to existing resources. Mentally ill persons were
imprisoned with the general prison population and were denied needed
psychiatric care. An office in the Ministry of Social Solidarity is
responsible for protecting the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--Some tensions between persons
from the eastern districts (Lorosae) and persons from the western
districts (Loromonu) continued, although this was greatly diminished
from levels witnessed during the April and May 2006 national crisis.
Relations were generally good between the ethnic majority and
members of several small ethnic minority groups including ethnic
Chinese (who constitute less than 1 percent of the population) and
ethnic--Malay Muslims.
Other Societal Abuses and Discrimination.--The law makes no
reference to homosexual activity. Gays and lesbians were not highly
visible in the country, which was predominantly rural, traditional, and
religious. There were no reported instances of discrimination.
There were no reported cases of discrimination against persons with
HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The country has a labor code based on
the International Labor Organization's standards. The law permits
workers to form and join worker organizations without prior
authorization. Unions may draft their own constitutions and rules and
elect their representatives; however, attempts to organize workers
generally were slowed by inexperience, a lack of organizational skills,
and the fact that more than 80 percent of the workforce was in the
informal sector. In 2004 the Government established official
registration procedures for trade unions and employer organizations.
The law provides for the right to strike, but few workers exercised
this right during the year. The law on assembly and demonstrations
could be used to inhibit strikes but was not used in this way.
The Immigration and Asylum Act prohibits foreigners from
participating in the administration of trade unions.
b. The Right to Organize and Bargain Collectively.--While
collective bargaining is permitted, workers generally had little
experience negotiating contracts, promoting worker rights, or engaging
in collective bargaining and negotiations.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--Government
regulations prohibit forced and compulsory labor, including by
children, and such practices were not known to occur.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code generally prohibits children under 18 from working; however,
there are circumstances under which children between the ages of 15 and
18 can work, and there are exceptional exemptions for children under
15. The minimum age did not apply to family-owned businesses, and many
children worked in the agricultural sector. Child labor in the informal
sector was a major problem. In practice enforcement of the labor code
outside of Dili was limited.
e. Acceptable Conditions of Work.--The labor code does not
stipulate a minimum wage; however, employers generally used and
employees expected a wage of $85 per month as a minimum standard. This
amount provided a basic standard of living for a worker and family. The
labor code provides for a standard workweek of 40 hours, standard
benefits such as overtime and leave, and minimum standards of worker
health and safety. A National Labor Board and a Labor Relations Board
exist, and there are no restrictions on the rights of workers to file
complaints and seek redress. Workers have the right to remove
themselves from hazardous conditions without jeopardizing employment;
however, it was not clear that they could avail themselves of this
right in practice.
__________
TONGA
The Kingdom of Tonga is a constitutional monarchy with a population
of approximately 102,000. Political life is dominated by King Siaosi
Tupou V, the nobility, and a few prominent commoners. The most recent
election for ``people's representative'' seats in Parliament, held on
April 24, was deemed generally free and fair. There were several
nascent political parties. A state of emergency declared following a
2006 riot in the capital of Nuku'alofa remained in effect, but limited
in scope to Nuku'alofa. Civilian authorities generally maintained
effective control of the security forces.
Citizens lacked the ability to change their government. The
Government at times restricted the freedom of the media to cover
political topics. Government corruption was a problem, and
discrimination against women continued.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the Government
generally respected these prohibitions in practice.
In remarks made in November opposing the extension of the state of
emergency, member of Parliament (MP) Clive Edwards alleged that Tonga
Defence Services (TDS) members had beat several persons who were
meeting in a private home.
As of year's end, the Government had not prosecuted or taken
disciplinary action against any police or TDS personnel in response to
allegations of security force abuse of persons detained following the
2006 riot.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted visits by family members and church
representatives. The Tonga Red Cross (TRC) monitored prison conditions
through quarterly visits to the main prison.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--The security apparatus
consists of the TDS and a police force. The minister of defense
controls the TDS, which is responsible for external security and under
the state of emergency shared domestic security duties with the police.
The minister of police and prisons directs the police force of
approximately 470 persons. Incidents of bribe taking and other forms of
corruption in the police force reportedly occurred. Reports of
corruption and other public complaints are referred to a specific
police office that conducts internal investigations and, if necessary,
convenes a police tribunal. Entry-level police training included
training on corruption, ethics, transparency, and human rights.
Powers under the state of emergency were reauthorized in September
and at year's end were limited to police and military powers to
``maintain public order'' on the main island of Tongatapu. Somewhat
more stringent public order provisions applied to a ``proclaimed area''
covering parts of Nuku'alofa.
Arrest and Detention.--The law provides for the right to judicial
determination of the legality of arrest, and this was observed in
practice during the year. Under normal circumstances police have the
right to arrest detainees without a warrant, but detainees must be
brought before a local magistrate within 24 hours. In most cases
magistrates set bail. The law permits unlimited access by counsel and
family members to detained persons. Indigent persons could obtain legal
assistance from a donor-funded law center.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice. The highest-ranking judges historically have
been foreign nationals. Judges hold office ``during good behavior'' and
otherwise cannot be dismissed during their terms.
The court system consists of the Court of Appeal, the Supreme
Court, the police magistrate's court, a general court, and a court of
review for the Inland Revenue Department. The king's Privy Council
presides over cases relating to disputes regarding titles of nobility
and estate boundaries.
The TDS and the police force both have tribunals, which cannot try
civilians.
Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Trials are public, and defendants have the option to request a seven-
member jury. Defendants are presumed innocent, may question witnesses
against them, and have access to government-held evidence. Defendants
have the right to be present at their trials and to consult with an
attorney in a timely manner. Public defenders are not provided, but a
donor-funded law center provides free legal advice and representation
in court. Local lawyers occasionally take pro bono cases. Defendants
have the right of appeal. The law extends these rights to all citizens.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Any violation of a human
right provided for in the law can be addressed in the courts.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, but the Government did not always
respect these rights in practice.
In April the Government withdrew a charge of sedition filed against
businesswoman 'Ofa Simiki for statements made and actions taken prior
to the 2006 riot.
At year's end court dates were not set for the trials of five MPs
charged in February 2007 with sedition in relation to speeches they
made at political rallies just prior to the 2006 riot.
In June the Government filed an application for a contempt of court
order against the newspapers Taimi 'o Tonga and Kele'a in connection
with articles the papers published relating to deaths resulting from
the 2006 riot. The case was still pending at year's end. In July the
High Court dismissed sedition charges against broadcast journalist
Sangster Saulala, citing insufficient evidence. The charges related to
broadcasts by Salala's station in the period leading up to the riot.
Government-controlled media outlets were criticized for exercising
self-censorship. An important venue for political campaigning was the
Government-owned Tonga Broadcasting Corporation (TBC), which permitted
candidates to purchase and air prerecorded television programs
outlining their policies and positions. In the run--up to the April 24
parliamentary elections, however, the Government ordered the TBC to
remove a series of paid political broadcasts from its schedule and
prohibited TBC staff from hosting any election programs. The TBC's
board directed that all political programming be reviewed by TBC Board-
appointed censors prior to broadcast.
Media access to parliamentary debates was also restricted. On June
3, the speaker of Parliament announced that he would allow only one
reporter, from the TBC, into Parliament during debates, and only for
one hour. The print media were required to wait for the official
minutes, usually published several days after Parliament closed.
While there was little editorializing in the Government-owned
media, opposition opinion in the form of letters to the editor, along
with government statements and letters, appeared regularly. From time
to time, the national media carried comments, including some by
prominent citizens, critical of government practices and policies.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Lack of infrastructure limited access to a certain extent, but there
were Internet cafes available in the larger towns in all three of the
country's main island groups.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly, and the
Government generally respected this right in practice. Revised
emergency powers regulations, issued on September 5, do not explicitly
prohibit public meetings or gatherings.
Trials continued during the year for persons charged with offenses
relating to the 2006 riot. By year's end 191 persons had been convicted
and 22 acquitted.
Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right in
practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice. However, the dominant Christian religion shows its influence
in a constitutional provision that Sunday is to be ``kept holy'' and
that no business can be conducted ``except according to law.'' Although
an exception was made for bakeries, hotels, resorts, and restaurants
that are part of the tourism industry, the Sunday prohibition was
otherwise enforced strictly for all businesses, regardless of the
business owner's religion.
TBC guidelines require that religious programming on Radio Tonga be
confined ``within the limits of the mainstream Christian tradition.''
Although the TBC allowed the Church of Jesus Christ of Latter-day
Saints and the Baha'i Faith to broadcast their programs on TV Tonga and
Radio Tonga, it prohibited discussion of their founders and the basic
tenets of their faiths. The Government-owned newspaper occasionally
carried news articles about Baha'i activities or events, as well as
those of other faiths.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination against religious groups, including
anti--Semitic acts. There was no known resident Jewish community.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and prior to the declaration of a state of emergency in
2006, the Government generally respected these rights in practice.
Ongoing emergency powers regulations authorized the police and military
to restrict free movement in and around a ``proclaimed area'' of
Nuku'alofa, but these restrictions were rarely enforced.
The occasion did not arise during the year for cooperation with the
UN High Commissioner for Refugees or other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law does not prohibit forced exile, but the Government did not
employ it in practice.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has not established a system for providing protection to
refugees. In principle the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened, but no persons were known to have applied
for refugee status or temporary protection during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens do not have the ability to change their leaders or system
of government. The King and 33 hereditary nobles dominated government.
The King appoints the prime minister. He also appoints and presides
over the Privy Council (called the cabinet when the King or regent is
not presiding), which makes major policy decisions. The council is
composed of as many as 14 ministers and two regional governors; it
includes nobles and commoners, all serving at the king's pleasure.
The unicameral Parliament consists of the cabinet members, nine
nobles elected by their peers, and nine representatives elected by the
general population. The King appoints the speaker from among the
representatives of the nobles. Cabinet members and nobles often voted
as a bloc.
In August 2007 a tripartite committee of cabinet, nobles', and
people's representatives issued a report to Parliament recommending
major changes to the political system that would result in a sizable
majority of people's representatives in Parliament, with Parliament
choosing the prime minister from among its members. The prime minister
would choose the cabinet, also from among the members of Parliament.
Before adjourning in October 2007, Parliament endorsed the committee's
report in general but put off implementation of recommended reforms
until 2010. In July Parliament enacted legislation providing for the
establishment of a commission to review, recommend, and draft
legislation in preparation for parliamentary elections in 2010 under a
revised system.
Elections and Political Participation.--Citizens 21 years or older
and resident in the country may vote. The April elections for
Parliament's nine people's representatives were deemed generally free
and fair and resulted in a strong showing for prodemocracy candidates.
Nobles and cabinet members associated with the royal family have
traditionally dominated the Parliament and government. For several
decades a democracy movement has been building, and since 2005 three
proreform political parties have been registered.
The sole popularly elected woman in the 34-member Parliament lost
her seat during the April general elections. A woman may become queen,
but the constitution forbids a woman to inherit hereditary noble titles
or become a chief. There was one female government minister.
A single cabinet minister constituted the only minority
participation in government.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption. The Government generally implemented
the law, but officials often engaged in corrupt practices with
impunity, and corruption remained a serious problem. In June the
Government established an Office of the Anti--Corruption Commissioner
empowered to investigate official corruption.
There were some reports of government corruption during the year.
The auditor general investigated corruption allegations against the
minister for tourism and concluded that the minister had breached
public finance management laws. The prime minister did not remove the
tourism minister from office. Government preferences appeared to
unfairly benefit businesses associated with members of the royal
family. In August 2007, during parliamentary debates, it was revealed
that royalties due to the Government from a business associated with a
member of the royal family had gone unpaid for a number of years. In
September the company in question settled all payments due to the
Government, and all government agency agreements with the company were
terminated.
There is no law requiring financial disclosure for public
officials.
The law does not specifically allow for public access to government
information, and such access was a problem, especially when the
Government deemed the information sensitive.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic and international human rights groups generally operated
without government restriction, investigating and publishing their
findings on human rights cases. Government officials were somewhat
cooperative and responsive to their views.
Government offices include a commission on public relations that
investigates and seeks to resolve complaints about the Government, and
the Office of the Anti--Corruption Commissioner investigates
allegations of corrupt conduct by public officials.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law confirms the special status of members of the royal family
and the nobility. While social, cultural, and economic facilities were
available to all citizens regardless of race and religion, members of
the hereditary nobility had substantial advantages, including control
over most land and a generally privileged status.
Women.--Rape is punishable by up to 15 years' imprisonment. The law
does not recognize spousal rape. The incidence of rape appeared to be
infrequent but increasing, although there were no reliable statistics.
Rape cases were investigated by the police and prosecuted under the
penal code. There were two prosecutions and convictions for rape during
the year.
Domestic violence against women seldom was publicized; however,
according to local women's groups, it was very common. Domestic
violence can be prosecuted under laws against physical assault, but in
practice prosecutions were very rare. The police department has a
Domestic Violence Unit. The police received 250 reports of domestic
violence through the end of November. Following reports of abuse,
victims received counseling from Domestic Violence Unit officers, who
also issued both oral and written warnings to perpetrators.
Perpetrators were also provided counseling. Police pursued charges
against perpetrators if the victim wished to press charges, but many
women did not do so due to cultural constraints. The police worked with
the National Centre for Women and Children, an NGO, to provide shelter
for abused women. The Free Wesleyan Church operated a hot line for
women in trouble and, the Salvation Army provided counseling and
rehabilitation programs.
Under a Ministry of Health policy, a woman is not permitted to
undergo a tubal ligation at a public hospital without the consent of
her husband or, in his absence, her male next of kin.
Prostitution is not illegal, but activities such as soliciting in a
public place, procuring, operating a brothel, and trading in women are
criminal offenses. There were reports of women and underage girls
engaging in commercial sexual activities.
Sexual harassment is not a crime, but physical sexual assault could
be prosecuted as indecent assault. Sexual harassment sometimes
occurred, but it was not a major problem.
Inheritance laws, especially those concerned with land,
discriminate against women. Women can lease land, but inheritance
rights pass through the male heirs. Under the inheritance laws, the
claim to a father's estate by a male child born out of wedlock takes
precedence over the claim of the deceased's widow or daughter. If there
are no male relatives, a widow is entitled to remain on her husband's
land as long as she does not remarry or engage in sexual intercourse.
The Office of Women within the Ministry of Education, Women, and
Culture is responsible for facilitation of development projects for
women. During the year the office assisted women's groups in setting up
work programs.
Women who rose to positions of leadership often had links with the
nobility. Some female commoners held senior leadership positions in
business and government, including those of governor of the Reserve
Bank and permanent representative to the UN.
The National Centre for Women and Children focused on domestic
abuse and improving the economic and social conditions of women. It
offered counseling to women in crisis and also operated a safehouse for
women and children. Another NGO, Ma'a Fafine Moe Famili (``For Women
and Families, Inc.''), promoted human rights, focusing on the rights of
women and children. Several religiously affiliated women's groups also
advocated for women's legal rights.
Children.--The Government was committed to children's rights and
welfare, and it provided some funding for children's welfare.
There were some reports of child abuse. There were two convictions
for indecent assault of a minor during the year.
Trafficking in Persons.--While the law does not specifically
address trafficking in persons, violators could be prosecuted under
antislavery statutes. There were no confirmed reports that persons were
trafficked to, from, within, or through the country. There were
anecdotal reports that some nationals of the People's Republic of China
working legally and illegally in the country may have been coerced into
prostitution or other forced labor. There were reports that members of
foreign fishing crews solicited underage girls for commercial sex.
Persons With Disabilities.--There are no mandated provisions for
services for persons with disabilities. The TRC operated a school for
children with disabilities and conducted occasional home visits. There
were no complaints of discrimination in employment, education, and
provision of other government services.
A Ministry of Education pilot program to assimilate children with
disabilities into primary schools continued during the year. The queen
mother ran a center providing accommodation and meals for adults with
disabilities. There were no programs to ensure access to buildings for
persons with disabilities. An NGO advocating on behalf of persons with
disabilities was very active.
There was no specific government agency with responsibility for
protecting the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--According to the Ministry of
Labor, Commerce, and Industries, ownership and operation of food retail
stores in the country has been legally restricted to citizens since
1978. Despite this policy, the retail sector in many towns was
increasingly dominated by foreigners, particularly Chinese nationals.
The Immigration Department of the Ministry of Foreign Affairs attempted
to enforce the restrictions in an effort to curb growing illegal
immigration. Although some foreigners left as a result of the policy,
others moved to nonrestricted sectors of the economy. There were
reports of crime and societal discrimination targeted at members of the
Chinese minority.
Other Societal Abuses and Discrimination.--Sodomy is illegal, but
there were no reports of prosecutions under this provision. Persons who
engaged in openly homosexual behavior faced societal discrimination.
There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
a. The Right of Association.--Workers gained the right to form
unions under the 1964 Trade Union Act, but regulations on the formation
of unions were never promulgated, and there were no official unions.
The Friendly Islands Teachers Association and the Tonga Nurses
Association were incorporated under the Incorporated Societies Act;
however, they have no formal bargaining rights under the act. The
Public Servants Association (PSA) acted as a de facto union
representing all government employees.
The Trade Unions Act provides workers with the right to strike, but
implementing regulations were never formulated. There have been
strikes, but none took place during the year.
b. The Right to Organize and Bargain Collectively.--The law permits
collective bargaining, but there were no implementing regulations.
On January 7, the PSA filed suit against the Government claiming
unlawful dismissal of the PSA's Secretary General from her job at the
Agriculture Department in 2007. She was fired after she signed letters
to the Government on behalf of the PSA asserting breaches by the
Government of a memorandum of understanding between the Government and
civil servants who had gone on strike in 2005. The case was still
pending at year's end.
Labor laws apply in all sectors of the economy, including the two
small export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred among citizens. There were
anecdotal reports that some foreign workers may have been coerced into
prostitution or other forced labor.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Although there is no legislation prohibiting child labor, the practice
did not exist in the wage economy. According to the National Centre for
Women and Children, some school-age children were working in the
informal sector.
e. Acceptable Conditions of Work.--There is no minimum wage law,
although there are government guidelines for wage levels. According to
the Asian Development Bank, 23 percent of workers in 16 communities
surveyed in 2005 earned less than 29 pa'anga (approximately $13) per
person per week, which did not provide a decent standard of living for
a worker and family. Government workers received raises in 2006, and
their salaries generally were sufficient to provide a decent standard
of living for a worker and family.
Labor laws and regulations, enforced by the Ministry of Labor,
Commerce, and Industries, limited the workweek to 40 hours. The
ministry enforced laws and regulations in the wage sector of the
economy, particularly on the main island of Tongatapu, but enforcement
in the agricultural sector and on the outer islands was less
consistent.
Few industries exposed workers to significant danger, and
industrial accidents were rare. The Government seldom addressed
industrial safety standards, including the right of workers to remove
themselves from dangerous work situations.
__________
TUVALU
Tuvalu is a parliamentary democracy with a population of
approximately 11,000. In 2006 citizens elected a 15-member unicameral
parliament in generally free and fair elections. There were no formal
political parties. Following the elections, a loose coalition of eight
members of parliament formed a new government and selected Apisai
Ielemia as prime minister. Civilian authorities generally maintained
effective control of the security forces.
The Government generally respected the human rights of its
citizens, and the law and judiciary generally provide effective means
of addressing individual instances of abuse. However, there were a few
areas of concern. Traditional customs and social patterns led to and
perpetuated religious and social discrimination, including
discrimination against women.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and there were
no reports that government officials employed them.
Local hereditary elders exercise discretionary traditional
punishment and disciplinary authority. This includes the right to
inflict corporal punishment for infringement of customary rules, which
can be at odds with the national law. However, during the year there
were no reports of such corporal punishment.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted visits by local church representatives.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the national police service, and the
Government has effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving the security
forces during the year.
Arrest and Detention.--The law permits arrests without warrants if
a police officer witnesses the commission of an unlawful act or has
``reasonable suspicion'' that an offense is about to be committed.
Police estimated that the majority of arrests were of this type. The
police may hold a person arrested without a warrant for no more than 24
hours without a hearing before a magistrate. When a court issues an
arrest warrant, the maximum permissible detention time before a hearing
must be held is stated on the warrant and normally is one to two weeks.
There was a functioning system of bail. Arrested persons generally
were promptly informed of the charges against them, although
bureaucratic delays sometimes occurred because persons charged with
serious offenses to be tried in the High Court must wait for its
semiannual meeting. Detainees had prompt access to family members. A
people's lawyer (public defender) was available free of charge for
arrested persons and other needed legal advice. Persons on the outer
islands did not have ready access to legal services, however, as the
people's lawyer was based on the main island of Funafuti and only
infrequently traveled to the outer islands. Nongovernmental
organizations (NGOs) urged the Government to provide sufficient
personnel and financial resources to the Office of the People's Lawyer
to enable it to effectively meet the needs of the public on both
Funafuti and the outer islands. The country had no attorneys in private
practice.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. Procedural
safeguards are based on British common law. The law provides for a
presumption of innocence. Judges conduct trials and render verdicts;
there are no juries. Trials are public and defendants have the right to
be present. Defendants have the right to be informed of the nature of
the offenses with which they are charged, to consult with an attorney
in a timely manner, and to have access to an independent public
defender. They also have the right to confront witnesses, present
evidence, and appeal convictions. During the year the number of
backlogged cases awaiting trial on the island of Funafuti decreased
significantly, although backlogs remained on some outer islands.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Individuals may bring
lawsuits seeking damages for, or cessation of, human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, but the Government occasionally limited these
rights in practice.
Citizens were free to criticize the Government publicly or
privately without reprisal, and there were no reports that the
Government sought to impede such criticism.
There were no private, independent media. The Government's media
department (formerly the public Tuvalu Media Corporation, which was
decorporatized and converted into a government department effective
January 1) controlled the country's sole radio station.
There was no television broadcast. Those few who could afford it
received international satellite television broadcasts. DVDs and
videotapes circulated freely and were widely available. Pornography is
illegal. International media were allowed to operate freely.
Internet Freedom.--There were no government restrictions on access
to the Internet and no reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
However, the relative lack of telecommunications infrastructure,
especially beyond the capital island of Funafuti, and relatively high
costs restricted public access to and use of the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, the High Court has held that traditional village
authorities may restrict this right in certain circumstances.
The constitution also states that the laws are to be based on
Christian principles. Despite official tolerance, religious homogeneity
(more than 90 percent of citizens are members of the Church of Tuvalu,
a Congregationalist denomination) and traditional structures of
communal life posed practical barriers to the introduction and spread
of other religious beliefs.
The Tuvalu Brethren Church reported that at times the Government's
Media Department edited church radio programming without church
permission and had reduced its radio time allocation.
The constitution provides that no one attending a place of
education shall be required to receive religious instruction or
participate in other religious activities without his or her consent;
however, Jehovah's Witnesses reported that student members of Jehovah's
Witnesses at Motufoua Secondary School were being required to attend
religious studies and services despite their requests to be excused.
At year's end the Court of Appeal had not met to review the
Brethren Church's 2006 appeal of the High Court's 2005 ruling
permitting local traditional authorities to restrict the constitutional
right to religious freedom in defense of traditional mores.
Societal Abuses and Discrimination.--There was a degree of societal
intolerance toward religions other than established Christian
denominations, particularly on the outer islands. There was no known
Jewish community, and there were no reports of anti--Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The occasion did not arise during the year for government
cooperation with the Office of the UN High Commissioner for Refugees
and other humanitarian organizations in providing protection and
assistance to internally displaced persons, refugees, returning
refugees, asylum seekers, stateless persons, and other persons of
concern.
The constitution prohibits forced exile, and the Government did not
practice it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, but the
Government has not established a system for providing protection to
refugees. The Government did not grant refugee status or asylum. During
the year there were no applications for refugee resettlement, asylum,
or protection against expulsion or return of refugees to countries
where their lives or freedom would be threatened.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--The 2006 general elections
were generally free and fair. An eight-member majority of the newly
elected parliament selected Apisai Ielemia as prime minister.
There were no formal political parties; instead, parliament tended
to divide between an ad hoc faction with at least the necessary eight
votes to form a government and an informal opposition faction.
Participation by women in government and politics was limited,
largely due to traditional perceptions of women's role in society.
There were no women in the 15-member parliament. One woman served as an
acting cabinet minister.
There were no members of minorities in the parliament or the
cabinet.
Government Corruption and Transparency.--The law provides criminal
penalties for some forms of official corruption, such as theft;
however, laws against corruption are weak. There was widespread public
perception that government transparency and accountability needed
further improvement. While the Government enacted a ``leadership code''
in 2007 that outlines standards of conduct for government officials, it
was not implemented. Concerns remained that public funds sometimes were
mismanaged and that government officials sometimes benefited unfairly
from their positions, particularly in regard to overseas travel and
related payments and benefits. During the year the Government continued
to ban most overseas travel by officials unless funded from abroad.
The law provides for annual, public ministerial reports, but
publication was spotty and often nonexistent. The auditor general's
office, responsible for providing government oversight, was underfunded
and lacked serious parliamentary support. Public officials were not
subject to financial disclosure laws.
There is no law providing for public access to government
information. In practice the Government was somewhat cooperative in
responding to individual requests for such information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no local NGOs focused entirely on human rights, although
there were no known barriers to their establishment. Some human rights
advocates, such as the Tuvalu National Council of Women, operated under
the auspices of the Tuvalu Association of Nongovernmental
Organizations, which was composed primarily of religious organizations.
The people's lawyer monitored sentencing, equality before the law, and
human rights issues in general. This institution, which at times was
critical of the Government, nonetheless was supported by the
Government, which frequently sought its advice. The few other local
organizations involved in human rights issues generally operated
without government restriction, investigating and publishing their
findings on human rights cases. However, opportunities to publicize
such information locally were severely limited due to the lack of local
print and electronic media. Government officials were somewhat
cooperative and responsive to local organizations' views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination on the basis of race, color, and
place of origin, and the Government generally enforced these
prohibitions. In 2005 the High Court stated that the omission of gender
as a basis of discrimination in the constitution was deliberate, and
there is no constitutional protection against gender discrimination.
Women.--Reports of violence against women were rare. However,
women's rights observers reported that it was not possible to estimate
accurately the incidence of rape and domestic violence, due to a lack
of data. Rape is a crime punishable by a minimum sentence of five
years' imprisonment, but spousal rape is not included in the legal
definition of this offense. There were both arrests and trials for
rape-related offenses during the year.
The law does not specifically address domestic violence, and the
issue was not a source of broad societal debate. Acts of domestic
violence were prosecuted under the assault provisions of the penal
code. The maximum penalty for common assault is six months'
imprisonment, and for assault with actual bodily harm, it is five
years. Human rights observers criticized the police for seeking to
address violence against women using traditional and customary methods
of reconciliation rather than criminal prosecution. There were no
shelters or hot lines for abused women.
Prostitution is illegal and was not a problem. The law does not
specifically prohibit sexual harassment but prohibits indecent
behavior, which includes lewd touching. Sexual harassment was not a
significant problem.
There remained some areas in which the law contributes to an
unequal status for women, such as land inheritance rights and child
custody rights.
In practice women held a subordinate societal position, constrained
both by law in some areas and by traditional customary practices.
Nonetheless, women increasingly held positions in the health and
education sectors and were more active politically. In the wage
economy, men held most higher-paying positions, while women held the
majority of lower-paying clerical and retail positions.
Children.--Government funding for children's welfare was reasonable
within the context of its total available resources.
The Government did not compile child abuse statistics, and there
were no reported cases of child abuse or child prostitution during the
year. However, anecdotal evidence indicated that child abuse occurred.
Corporal punishment, in the form of strokes of a cane or paddle, was
common in schools.
Trafficking in Persons.--The law does not prohibit all forms of
trafficking in persons, but there were no reports that persons were
trafficked to, from, through, or within the country. The law
specifically prohibits procurement of persons within and across borders
for purposes of prostitution.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law does not prohibit
discrimination on the basis of physical or mental disability. There
were no known reports of discrimination against persons with
disabilities in employment, education, or the provision of other state
services. However, supplementary state services to address the special
needs of persons with disabilities were very limited. There are no
mandated accessibility provisions for persons with disabilities. There
was no government agency with specific responsibility for protecting
the rights of persons with disabilities.
Other Societal Abuses and Discrimination.--Societal discrimination
against persons based on sexual orientation was not common, and there
were no reports of such discrimination.
Persons with HIV/AIDS faced some societal discrimination. Local
agents of foreign companies that hired seafarers from Tuvalu to work
abroad barred persons with HIV/AIDS from employment. The Government and
NGOs cooperated to inform the public about HIV/AIDS and to counter
discrimination.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right of
association. Workers were free to organize unions and choose their own
labor representatives, but most of the population lacked permanent
employment and was engaged in subsistence activity.
Public-sector employees, such as civil servants, teachers, and
nurses, were members of professional associations that did not have
union status. The only registered trade union, the Tuvalu Seamen's
Union, had approximately 1,200 members, some 400 of whom worked on
foreign merchant vessels.
The law provides for the right to strike, but no strike has ever
taken place.
b. The Right to Organize and Bargain Collectively.--The law
provides for conciliation, arbitration, and settlement procedures in
cases of labor disputes. Although there are provisions for collective
bargaining, in practice the few individual private sector employers set
their own wage scales. Both the private and public sectors generally
used nonconfrontational deliberations to resolve labor disputes.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits children under age 14 from working in the formal labor
market. The law also prohibits children under age 15 from industrial
employment or work on any ship and stipulates that children under age
18 are not allowed to enter into formal contracts, including work
contracts. The Government effectively enforced these prohibitions.
Children rarely were employed outside the traditional economy of
subsistence farming and fishing.
e. Acceptable Conditions of Work.--The minimum wage, set by the
Government, was barely sufficient to allow a worker and family in the
wage economy to maintain a decent standard of living. The biweekly
minimum wage in the public sector was A$130 (approximately $90).
Private-sector wages were typically somewhat lower than the
Government's minimum wage rate.
The Ministry of Labor may specify the days and hours of work for
workers in various industries. The law sets the workday at eight hours.
However, very few persons worked in the formal economy, which was
primarily on the main island; thus, the Government did not have
occasion to enforce the law.
The law provides for rudimentary health and safety standards. It
requires employers to provide an adequate potable water supply, basic
sanitary facilities, and medical care. The Ministry of Labor is
responsible for the enforcement of these regulations, but in practice
it provided minimum enforcement. Workers can remove themselves from
work situations that endanger health or safety without jeopardy to
their jobs; the law also protects legal foreign workers.
__________
VANUATU
Vanuatu is a multiparty parliamentary democracy with a population
of approximately 218,000. The head of government, Prime Minister Edward
Natapei, governed with a seven-party coalition. The most recent
elections, held on September 2, were considered generally free and
fair. Civilian authorities generally maintained effective control of
the security forces; however, police officials on occasion acted
peremptorily or at the direction of senior politicians.
The Government generally respected the human rights of its
citizens, but there were problems in some areas. These included poor
prison conditions, arrests without warrants, an extremely slow judicial
process, government corruption, and violence and discrimination against
women.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
There were no developments in the case of the March 2007 mob
violence in which three persons were killed and 20 injured in the
Blacksands and Anabrou squatter settlements in Port Vila. In October
2007 the Vanuatu Daily Post newspaper reported that the criminal cases
regarding the incident were pending in the Supreme Court. During the
year the attorney general recalled a public report on the case released
by a commission of inquiry. Court hearings were scheduled for February,
but at year's end no further information was available.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and there were
no reports that government officials employed torture; however, there
were reports of police abuse of criminal suspects. A report was
scheduled for release in December on the conditions of the main jail in
Port Vila, where prisoners allegedly leaked information about
conditions; however, by year's end no information had been made public.
Prison and Detention Center Conditions.--Conditions at the three
prisons in Port Vila improved slightly during the year with foreign
donor funding but remained below international standards. Security at
all facilities was poor, and there were frequent prisoner escapes. Male
inmates were incarcerated in overcrowded facilities. Persons deemed
mentally unfit to stand trial were held with the general prison
population. Juveniles were held together with adults.
The Government permitted prison visits by independent human rights
observers. For the first time, ballot boxes were brought into the
prisons for the national elections, and inmates were allowed to cast
their votes.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--The commissioner of
police heads the police force, including a police maritime wing, the
paramilitary Vanuatu Mobile Force, Immigration Department, National
Disaster Management Office, and National Fire Service. Police
effectiveness was hampered by a lack of resources and involvement in
ancillary activities such as search and rescue operations, immigration,
and national disaster response. During the year foreign assistance was
provided to address some of the problems confronting the force. Actions
taken under the assistance projects included recruitment of new
officers, establishment of additional police posts on outer islands and
in rural areas, and police building repairs and maintenance.
Corruption and impunity were not major problems; however, there
were instances of corruption and instances in which police acted
without proper authorization at the behest of politicians. On October
7, four police officers suspended in 2007 for their implication in a
fraud case returned to full duty pending the return to the country of
an Indo--Fijian, who was the prime suspect.
Arrest and Detention.--A warrant issued by a court is required for
an arrest; however, police made a small number of arrests without
warrants during the year. The constitutional provision that suspects
must be informed of the charges against them generally was observed in
practice.
A system of bail operated effectively; however, some persons not
granted bail spent lengthy periods in pretrial detention due to
judicial inefficiency. The ratio of pretrial detainees to the total
prison population was relatively high. Judges, prosecutors, and police
complained about large case backlogs due to a lack of resources and
limited numbers of qualified judges and prosecutors. Years could pass
before a case was brought to trial. Detainees were allowed prompt
access to counsel and family members. A public defender's office
provided counsel to indigent defendants.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Magistrates' courts deal with most routine legal matters. Island
courts are present at the local level, with limited jurisdiction in
civil and criminal matters. The Supreme Court, an intermediate-level
court, has unlimited jurisdiction over criminal and civil matters and
considers appeals from the magistrates' courts. The Appeals Court is
the highest appellate court. Judges cannot be removed without cause.
Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
The judicial system is derived from British common law. Judges conduct
trials and render verdicts; there are no juries. The courts uphold
constitutional provisions for a fair public trial, a presumption of
innocence until guilt is proven, a prohibition against double jeopardy,
a right to counsel, a right to judicial determination of the validity
of arrest or detention, a right to question witnesses and access
government-held evidence, and a right of appeal. The law extends these
rights to all citizens. The public defender's office provides free
legal counsel to indigent defendants.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters, including for human rights
violations; however, police were reluctant to enforce domestic court
orders.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail;
however, cost and lack of infrastructure limited public access to the
Internet.
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.
In contrast with 2007, the Government did not prohibit meetings of
citizens in public.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice. The Government provided some financial assistance for the
construction of churches affiliated with member denominations of the
Vanuatu Christian Council, provided grants to church operated schools,
and paid teachers' salaries at church operated schools in existence
since the country's independence. These benefits were not available to
non Christian religious organizations.
Government schools scheduled weekly religious education classes
conducted by representatives of Council churches. Students whose
parents did not wish them to attend the classes were excused. Non
Christian religions were not permitted to give religious instruction in
public schools.
Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination against religious groups, although
some churches and individuals objected to missionary activities of
nontraditional religious groups. The country's Jewish community was
limited to a few expatriates, and there were no reports of anti--
Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The 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 had no association with the Office of the UN
High Commissioner for Refugees.
The law does not address forced exile, but the Government did not
employ it.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has not established a system for providing protection to
refugees. The Government did not grant refugee status or asylum. In
practice the Government did not provide protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
Elections and Political Participation.--The most recent national
parliamentary elections were held in September and were considered
generally free and fair. Allegations of bribery and electoral fraud
were raised against Foreign Minister Bakoa Kaltongga, two other
politicians, and a former ambassador to the UN. The allegation against
them was that some voters were turned away from polling booths because
their names were not on the roll. According to the Vanuatu Daily Post,
the chief justice agreed to hear an election petition, but at year's
end no date had been set for the hearing.
Political parties could operate without restriction or outside
interference.
Traditional attitudes regarding male dominance and customary
familial roles hampered women's participation in economic and political
life. There were two women in the 52-member parliament. There were no
women in the cabinet.
There were no minorities (non--Melanesians) in parliament or in the
cabinet.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials often engaged in corrupt
practices with impunity.
There were reports of government corruption during the year. The
law provides for the appointment of public servants on the basis of
merit; however, in practice political interference at times hampered
the effective operation of the civil service.
An Ombudsman Commission report released in July revealed
allegations of corruption and fraud in the Vatuman Bay land deal. A new
member of parliament (MP) and a former lord mayor of Port Vila were
allegedly implicated in the case. At year's end the case was pending
further action by the Public Prosecutor's Office.
In 2007 three People's Progressive Party (PPP) MPs and a former
senior official in the Ministry of Foreign Affairs were charged with
forgery and theft in connection with a large-scale fraud scheme
involving electoral development funds. The motion for action stated
that the MPs brought disrepute to parliament for fraudulent use of
public funds. The three MPs were suspended from parliament for six
months.
Public officials are subject to a leadership code of conduct, which
includes financial disclosure requirements. The Ombudsman's Office and
Auditor General's Office are key government agencies responsible for
combating government corruption.
No law provides for public access to government information. In
practice governmental response to requests for information from the
media was inconsistent.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups operated
without government restriction, investigating and publishing their
findings on human rights cases. Government officials often were
cooperative and responsive to their views.
The president appoints a government ombudsman to a five-year term
in consultation with other political leaders. Since its establishment,
the Ombudsman's Office has issued a number of reports critical of
government institutions and officials. However, it did not have
adequate resources or independent power to prosecute, and the results
of its investigations may not be used as evidence in court proceedings.
Cases reported to the ombudsman and deemed to be valid were referred to
the Public Prosecutor's Office for further action.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination on the basis of race, place of
origin, language, or sex; however, women remained victims of
discrimination in the tradition-based society.
Women.--Violence against women, particularly domestic violence, was
common, although no accurate statistics existed. Although rape is a
crime, with a maximum penalty of life imprisonment, spousal rape is not
cited specifically in the law, and police frequently were reluctant to
intervene in what were considered domestic matters.
On June 19, parliament passed a Family Protection Act that covers
domestic violence, women's rights, children's rights, and family
rights. Violators could face prison terms of up to five years or pay a
fine of up to 100,000 vatu (approximately $900) or both. Most cases of
violence against women, including rape, went unreported because women,
particularly in rural areas, were ignorant of their rights or feared
further abuse. There were no government programs to address domestic
violence, and media attention to the abuse was limited. Churches and
other nongovernmental organizations (NGOs) operated facilities for
abused women. NGOs such as the National Council of Women and the
Vanuatu Women's Center also played an important role in educating the
public about domestic violence but did not have sufficient funding to
implement their programs fully.
Prostitution is illegal and was not regarded as a serious problem.
However, on March 4, the Vanuatu Daily Post reported that ``practices
of prostitution'' were increasing. The Protection Project noted that
the number of young women and girls turning to prostitution as a result
of poverty was rising in Port Vila.
Sexual harassment is not illegal and was a problem.
While women have equal rights under the law, they were only slowly
emerging from a traditional culture characterized by male dominance, a
general reluctance to educate women, and a widespread belief that women
should devote themselves primarily to childbearing. The majority of
women entered into marriage through ``bride-price payment,'' a practice
that encouraged men to view women as property. Women also were barred
by tradition from land ownership. Many female leaders viewed village
chiefs as major obstacles to social, political, and economic rights for
women. Women interested in running for public office received
encouragement from the Vanuatu Council of Women.
Children.--The Government stressed the importance of children's
rights and welfare, but there were significant problems in education.
Although there is a free and universal education policy, all children
pay school fees, which served as a barrier to education. School
attendance is not compulsory. Less than 35 percent of all children
advanced beyond elementary school due to a shortage of schools and
teachers beyond grade six. Boys tended to receive more education than
did girls. Although attendance rates were similar in the early primary
grades, fewer girls advanced to the higher grades. A significant
portion of the population, perhaps as high as 50 percent, was
functionally illiterate.
Child abuse was not believed to be extensive; however, the
Government did little to combat the problem. NGOs and law enforcement
agencies reported increased complaints of incest and rape of children
in recent years, but no statistics were available. Children generally
were protected within the traditional extended family system. Members
of the extended family played an active role in a child's development.
Virtually no children were homeless or abandoned.
The legal age for marriage is 21, although boys between 18 and 21
and girls between 16 and 21 may marry with parental permission. In
rural areas and some outer islands, some children married at younger
ages.
Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons; however, there were no reports that persons
were trafficked to, from, through, or within the country.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--There is no law specifically
prohibiting discrimination against persons with physical or mental
disabilities. There is a national policy designed to protect the rights
of persons with disabilities, but the Government did not implement it
effectively. There were no special programs to assist persons with
disabilities and no legislation mandating access to buildings for them.
Their protection and care were left to the traditional extended family
and NGOs. Due to a high rate of unemployment, few jobs were available
for persons with disabilities. Persons with mental illness generally
did not receive specialized care; members of their extended families
usually attended to them.
National/Racial/Ethnic Minorities.--Most of the population is
Melanesian. Small minorities of Chinese, Fijians, Vietnamese, Tongans,
and Europeans generally were concentrated in two towns and on a few
plantations. Most of the land belongs to indigenous tribes and cannot
be sold, although prime real estate was increasingly leased to others.
Within the limits of this system of land tenure, there generally were
no reports of discrimination against ethnic minorities; however, only
indigenous farmers may legally grow kava, a native herb, for export.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination against homosexuals, nor were there
any such reports against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law provides all workers with the
right to organize and join unions, and workers exercised this right in
practice. Approximately 15,000 persons participated in the formal
economy as wage earners. Combined union membership in the private and
public sectors was approximately 1,900. The two existing trade unions,
the Vanuatu Teacher's Union and the Vanuatu National Worker's Union,
were independent of the Government and grouped under an umbrella
organization, the Vanuatu Council of Trade Unions. The high percentage
(approximately 70 percent) of the population engaged in subsistence
agriculture and fishing precluded extensive union activity. Unions
require government permission to affiliate with international labor
federations, but the Government has not denied any union such
permission.
Workers have the right to strike, and this right was exercised in
practice. The law prohibits retaliation for legal strikes. In the case
of private-sector employees, complaints of violations are referred to
the Department of Labor for conciliation and arbitration. In the public
sector, the Public Service Commission handles complaints of violations.
Unions are required by law to give 30 days' notice of intent to strike
and to provide a list of the names of potential strikers.
b. The Right to Organize and Bargain Collectively.--Unions
exercised the right to organize and bargain collectively. They
negotiated wages and conditions directly with management. If the two
sides cannot agree, the matter is referred to a three member
arbitration board appointed by the minister of home affairs. The board
consists of one representative from organized labor, one from
management, and the senior magistrate of the magistrates' courts. While
a dispute is before the board, labor may not strike and management may
not dismiss union employees. However, unions and management generally
reached agreement on wages without arbitration.
While the law does not require union recognition, it prohibits
antiunion discrimination once a union is recognized. Complaints of
antiunion discrimination are referred to the Department of Labor.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, including by children, and there
were no reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits children under age 12 from working outside family-owned
agricultural production, where many children assisted their parents.
The employment of children from 12 to 18 years of age is restricted by
occupational category and conditions of labor, including employment in
the shipping industry and nighttime employment. The Department of Labor
effectively enforced these laws.
e. Acceptable Conditions of Work.--In October the Department of
Labor increased the minimum wage to 26,000 vatu (approximately $245)
per month. The minimum wage did not provide a decent standard of living
for an urban worker and family. However, most families were not
dependent solely on wages for their livelihood, supplementing their
incomes through subsistence farming. Various laws regulated benefits
such as sick leave, annual vacations, and other conditions of
employment, such as a 44-hour maximum workweek that included at least
one 24-hour rest period. The Employment Act provides for a premium of
50 to 75 percent over the normal rate of pay for overtime work.
The Employment Act, enforced by the Department of Labor, includes
provisions for safety standards. Workers have the right to remove
themselves from dangerous work situations without jeopardy to their
continued employment. However, the safety and health law was inadequate
to protect workers engaged in logging, agriculture, construction, and
manufacturing, and the single inspector attached to the Department of
Labor could not enforce the law fully. Laws on working conditions and
safety standards apply equally to foreign workers and citizens.
__________
VIETNAM
The Socialist Republic of Vietnam, with a population of
approximately 86 million, is an authoritarian state ruled by the
Communist Party of Vietnam (CPV). The most recent National Assembly
elections, held in May 2007, were neither free nor fair, since all
candidates were vetted by the CPV's Vietnam Fatherland Front (VFF), an
umbrella group that monitored the country's mass organizations.
Civilian authorities generally maintained effective control of the
security forces.
The Government's human rights record remained unsatisfactory.
Citizens could not change their government, and political opposition
movements were prohibited. The Government continued to crack down on
dissent, arresting political activists and causing several dissidents
to flee the country. Police sometimes abused suspects during arrest,
detention, and interrogation. Corruption was a significant problem in
the police force, and police officers sometimes acted with impunity.
Prison conditions were often severe. Individuals were arbitrarily
detained for political activities and denied the right to fair and
expeditious trials. The Government continued to limit citizens' privacy
rights and tightened controls over the press and freedom of speech,
assembly, movement, and association. The Government maintained its
prohibition of independent human rights organizations. Violence and
discrimination against women remained a concern. Trafficking in persons
continued to be a significant problem. Some ethnic minority groups
suffered societal discrimination. The Government limited workers'
rights and arrested or harassed several labor activists.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
there was one confirmed report of a death in police custody.
On May 1, Y Ben Hdok, a Montagnard from Dak Lak, died while in
detention in the Buon Ma Thuot provincial police station. Police
detained him on April 28 for questioning regarding his suspected
involvement in inciting demonstrations. Officials stated that the
suspect hanged himself during a break in questioning, but family
members said his corpse was bruised. No investigation was carried out,
and the family reportedly refused to authorize an autopsy.
There were reports that another Montagnard prisoner died shortly
after being released from police custody, although the cause of death
could not be verified.
There were no developments related to the 2006 death of Y Ngo
Adrong.
b. Disappearance.--The unregistered Unified Buddhist Church of
Vietnam reported that monk Thich Tri Khai, whom police arrested from
his monastery in Lam Dong Province in April, remained missing at year's
end.
According to nongovernmental organization (NGO) and press reports,
political activist Tim Sakhorn, sentenced in November 2007 to one year
in prison for ``sabotaging national unity'' and released in July, was
residing in An Giang Province under house arrest and constant police
surveillance. Le Tri, a Vietnamese citizen and political activist who
disappeared in Cambodia in May 2007, remained missing at year's end.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits physical abuse; however, police commonly
physically mistreated suspects during arrest or detention.
Incidents of police harassment were reported in the provinces of
Dien Bien, Thanh Hoa, Son La, and Thai Binh. Land rights protesters in
An Giang Province also reported harassment from local authorities.
There were reports that police harassed or beat ethnic minorities
returning from Cambodia to the Central Highlands, although most reports
could not be substantiated. Monitors found that most incidents involved
land, money, or domestic disputes.
Throughout the year the Government committed activists
involuntarily to mental hospitals as a tactic to quell dissent.
Prison and Detention Center Conditions.--Prison conditions could be
severe but generally did not threaten the lives of prisoners.
Overcrowding, insufficient diet, lack of clean drinking water, and poor
sanitation nonetheless remained serious problems in many prisons.
Prisoners had access to basic health care, with additional medical
services available at district-- or provincial-level hospitals.
However, in many cases officials obstructed family members from
providing medication to prisoners. Prisoners generally were required to
work but received no wages. Prisoners sometimes were moved to solitary
confinement, where they were deprived of reading and writing materials
for periods of up to several months. Family members made credible
claims that prisoners received better benefits by paying bribes to
prison officials.
Family members of several political dissidents reported improved
living conditions at Xuan Loc Prison in Dong Nai Province. Foreign
diplomats observed Spartan but clean living areas and generally
acceptable labor conditions during a June visit to the prison. Family
members of one activist who broke his arm in a prison in Kien Giang
Province claimed that medical treatment was inadequate, resulting in
the partial loss of function in his arm. Family members of Catholic
activist Father Nguyen Van Ly claimed that he continued to be denied
access to a Bible.
The Government generally did not permit the International Committee
of the Red Cross or NGOs to visit prisons, and no such visits occurred
during the year. However, authorities allowed foreign diplomats and a
religious delegation to make limited prison visits and meet with
prisoners. Most other requests by diplomatic observers to visit
prisoners were denied.
d. Arbitrary Arrest or Detention.--The criminal code allows the
Government to detain persons without charges indefinitely under vague
``national security'' provisions such as Articles 84, 88, and 258. The
Government also arrested and detained indefinitely individuals under
other legal provisions. Authorities also subjected several dissidents
throughout the country to administrative detention or house arrest.
Role of the Police and Security Apparatus.--Internal security is
the responsibility of the Ministry of Public Security (MPS); however,
in some remote areas, the military is the primary government agency and
provides public safety functions, including maintaining public order in
the event of civil unrest. The MPS controls the police, a special
national security investigative agency, and other internal security
units. It also maintains a system of household registration and block
wardens to monitor the population. While this system has generally
become less intrusive, it continued to be used to monitor those
suspected of engaging, or likely to engage, in unauthorized political
activities. Credible reports suggested that local police forces used
``contract thugs'' and ``citizen brigades'' to harass and beat
political activists and others, including religious worshippers,
perceived as ``undesirable'' or a ``threat'' to public security.
Police organizations exist at the provincial, district, and local
levels and are subject to the authority of people's committees at each
level. The police were generally effective at maintaining political
stability and public order, but police capabilities, especially
investigative, were generally very low. Police training and resources
were inadequate.
Corruption was a significant problem among police at all levels,
and police officers sometimes acted with impunity. Internal police
oversight structures existed but were subject to political influence.
During the year the Government cooperated with several foreign
governments to initiate a program for provincial police and prison
management to improve the professionalism of security forces.
Arrest and Detention.--The criminal code outlines the process by
which individuals are taken into custody and treated until they are
brought before a court or other tribunal for judgment. The Supreme
People's Procuracy (the Public Prosecutor's Office) issues arrest
warrants, generally at the request of police. However, police may make
an arrest without a warrant on the basis of a complaint filed by any
person. The Procuracy issues retroactive warrants in such cases. The
Procuracy must issue a decision to initiate a formal criminal
investigation of a detainee within nine days; otherwise, police must
release the suspect. In practice the nine-day regulation was often
circumvented.
The investigative period typically lasts from three months for less
serious offenses (punishable by up to three years' imprisonment) to 16
months for exceptionally serious offenses (punishable by more than 15
years' imprisonment or capital punishment), or 20 months for national
security cases. However, at times investigations can be prolonged
indefinitely. The criminal code further permits the Procuracy to
request additional two month periods of detention after an
investigation to consider whether to prosecute a detainee or ask the
police to investigate further. Investigators sometimes used physical
isolation, excessively lengthy interrogation sessions, and sleep
deprivation to compel detainees to confess.
By law detainees are permitted access to lawyers from the time of
their detention; however, authorities used bureaucratic delays to deny
access to legal counsel. In cases investigated under broad national
security laws, authorities often delayed defense lawyers' access to
clients until an investigation had ended and the suspect had been
formally charged with a crime. In addition a scarcity of trained
lawyers and insufficient protection of defendant rights made prompt
detainee access to an attorney rare. In practice only persons formally
charged with capital crimes were assigned lawyers.
By law attorneys must be informed of and allowed to attend
interrogations of their clients. However, a defendant first must
request the presence of a lawyer, and it was unclear whether
authorities always informed defendants of this privilege. Attorneys
also must be given access to case files and be permitted to make copies
of documents. Attorneys were sometimes able to exercise these
privileges.
Police generally informed families of detainees' whereabouts, but
family members were allowed to visit a detainee only with the
permission of the investigator, and this permission was not
automatically granted. During the investigative period, authorities
frequently did not allow detainees access to family members, especially
in national security cases. Prior to a formal indictment, detainees
also have the right to notify family members. However, a number of
detainees suspected of national security violations were held
incommunicado. At year's end some persons arrested early in the year
had not been seen by family members or a lawyer, nor had they been
formally charged with crimes.
There is no functioning bail system or equivalent system of
conditional release. Time spent in pretrial detention counts toward
time served upon conviction and sentencing.
Courts may sentence persons to administrative detention of up to
five years after completion of a sentence. In addition police or mass
organizations can propose that one of five ``administrative measures''
be imposed by people's committee chairpersons at district and
provincial levels without a trial. The measures include terms ranging
from six to 24 months in either juvenile reformatories or adult
detention centers and generally were applied to repeat offenders with a
record of minor offenses, such as committing petty theft or
``humiliating other persons.'' Chairpersons may also impose terms of
``administrative probation,'' which generally was some form of
restriction on movement and travel. Despite the March 2007 repeal of
Decree 31, an administrative measure often used to punish perceived
political dissidents, authorities continued to punish some individuals
using other vaguely worded national security provisions in the criminal
code.
Arbitrary detentions, particularly for political activists,
remained a problem. The Government used decrees, ordinances, and
measures to detain activists for the peaceful expression of opposing
political views. During the year authorities arrested several
individuals for violating Article 88, which prohibits the
``distribution of propaganda against the state.'' Those charged with
violating Article 88 were typically sentenced to terms of up to five
years in prison. While several activists received reduced prison
sentences after they appealed, others had their original sentences
reaffirmed during appeals. In September an Internet blogger was
convicted of tax evasion and sentenced to 30 months in prison after
writing about corruption and protesting China's actions in the disputed
Spratly/Paracel Islands.
In August and September, the Government arrested at least 13
activists, most connected with the political movement Bloc 8406, and
briefly detained at least a dozen others. On November 7, land protester
and Bloc 8406 member Le Thi Kim Thu was sentenced to 18 months'
imprisonment for ``disturbing public order.'' At year's end the
remaining activists had not been charged or tried.
Police forcibly entered the homes of a number of prominent
dissidents throughout the country, such as Nguyen Khac Toan and Do Nam
Hai, and removed personal computers, mobile cellphones, and other
material.
There were reports that government officials in the Central and
Northwest Highlands temporarily detained ethnic minority individuals
for communicating with the ethnic minority community abroad during the
year.
Peaceful land rights protests in Ho Chi Minh City and Hanoi
resulted in the temporary detention, surveillance, and arrest of
several organizers, although the Government handled the dispersal of
these protests without significant violence. Peaceful protests during
the year against Chinese actions in the Spratly/Paracel Islands also
resulted in the temporary detention and arrest of several activists for
demonstrating without permission. In September authorities arrested
four activists and temporarily detained several more, reportedly in an
effort to prevent demonstrations and discourage groups from meeting
publicly.
In the case of five political activists--two Vietnamese and three
foreign citizens--arrested in November 2007, two of the foreigner were
released in December 2007. On May 13, the remaining three were tried
and convicted on terrorism charges with credit for time served; one
Vietnamese was released immediately, the foreigner was deported a few
days later, and the other Vietnamese was released in August.
Several of the approximately 30 activists arrested in a government
crackdown in 2006-07 were convicted during the year. Others remained
under investigation and under administrative detention without being
formally charged.
Religious and political activists were subject to varying degrees
of informal detention in their residences.
Amnesty.--The central government did not announce a Tet or National
Day amnesty. Nevertheless, provincial councils throughout the country
conducted both Tet and National Day amnesties of prisoners under their
jurisdiction. No high profile prisoners benefited from special release
during the year.
e. Denial of Fair Public Trial.--The law provides for the
independence of judges and lay assessors; however, in practice the CPV
controlled the courts at all levels through its effective control over
judicial appointments and other mechanisms. In many cases the CPV
determined verdicts. Most, if not all, judges were members of the CPV
and were chosen at least in part for their political views. As in past
years, the judicial system was strongly distorted by political
influence, endemic corruption, and inefficiency. CPV influence was
particularly notable in high profile cases and others in which a person
was charged with challenging or harming the CPV or the state.
The judiciary consists of the Supreme People's Court (SPC);
provincial and district people's courts; military tribunals;
administrative, economic, and labor courts; and other tribunals
established by law. Each district has a people's court, which serves as
the court of first instance for most domestic, civil, and criminal
cases. Each province also has a people's court, which serves as the
appellate forum for District Court cases. The SPC, which reports to the
National Assembly, is the highest court of appeal and review.
Administrative courts adjudicate complaints by citizens about official
abuse and corruption. There are also special committees to help resolve
local disputes.
There was a shortage of trained lawyers and judges. Low judicial
salaries hindered efforts to develop a trained judiciary. The few
judges who had formal legal training often had studied abroad only in
countries with communist legal traditions.
There was no independent bar association. In January the prime
minister approved a proposal to form a national bar association;
however, it had not been created by year's end.
Government training programs to address the problem of inadequately
trained judges and other court officials continued during the year.
Courts of first instance at district and provincial levels include
judges and lay assessors, but provincial appeals courts and the SPC are
composed of judges only. People's councils appoint lay assessors from a
pool of candidates suggested by the VFF. Lay assessors are required to
have ``high moral standards,'' but legal training is not required, and
their role is largely symbolic.
Military tribunals, although funded by the Ministry of Defense,
operate under the same rules as other courts. The ministry is
represented on judicial selection panels, and the head of the military
tribunal system is the deputy head of the SPC. Military tribunal judges
and assessors are military personnel chosen jointly by the SPC and the
ministry but supervised by the SPC. The law gives military courts
jurisdiction over all criminal cases involving military entities,
including military owned enterprises. The military has the option of
using the administrative, economic, or labor courts for civil cases.
Trial Procedures.--The constitution provides that citizens are
innocent until proven guilty; however, many lawyers complained that
judges generally presumed guilt. Trials generally were open to the
public, but in sensitive cases judges closed trials or strictly limited
attendance. Juries are not used. Defendants have the right to be
present and have a lawyer at trial, although not necessarily the lawyer
of their choice, and this right was generally upheld in practice.
Defendants unable to afford a lawyer were generally provided one only
in cases with possible sentences of life imprisonment or capital
punishment. The defendant or the defense lawyer has the right to cross
examine witnesses; however, there were cases in which neither
defendants nor their lawyers were allowed to have access to government
evidence in advance of the trial, cross examine witnesses, or challenge
statements. Defense lawyers commonly had little time before trials to
examine evidence against their clients. Convicted persons have the
right to appeal. District and provincial courts did not publish their
proceedings. The SPC continued to publish the proceedings of all cases
it reviewed.
There continued to be credible reports that defense lawyers were
pressured not to take as clients any religious or democracy activists
facing trial.
The public prosecutor brings charges against an accused person and
serves as prosecutor during trials. Earlier reforms to the criminal
procedures code were intended to move courtroom procedures from an
``investigative'' system, in which the judge leads the questioning, to
an ``adversarial'' system, in which prosecutors and defense lawyers
advocate for their respective sides. The change was intended to provide
more protections for defendants and prevent judges from coercing
defendants into confessing guilt; however, implementation differed from
one province to another.
In May government officials allowed two foreign diplomats to attend
the joint trial of three Viet Tan (Vietnam Reform Party) activists, and
in December four foreign diplomats were permitted to attend the joint
trial of the eight Thai Ha defendants. Other requests by foreign
diplomats to attend trials were denied.
Political Prisoners and Detainees.--There were no precise estimates
of the number of political prisoners. The Government claimed it held no
political prisoners, only lawbreakers. The Government held at least 35
political detainees at year's end, although some international
observers claimed the number ranged into the hundreds.
In April a fresh wave of demonstrations in the Central Highlands
resulted in dozens of reported arrests and detentions of individuals
suspected of organizing the protests. Local observers reported the
demonstrations were prompted by ethnic minority groups protesting local
land use policies.
On August 14, authorities arrested land rights activist Le Thi Kim
Thu in Hanoi for disturbing the public order by organizing a protest in
a public park opposite the Office of the Government. On November 7, she
was convicted and sentenced to 18 months in prison. During the year
land rights leaders reported that at least a dozen demonstrators from
Ho Chi Minh City and surrounding provinces were convicted on charges
ranging from ``disturbing the public order'' to ``propagandizing
against the State.''
In September and October, Bloc 8406 activists Nguyen Xuan Nghia,
Pham Van Troi, Ngo Quynh, Nguyen Van Tuc, Pham Thanh Nghien, Vu Hung,
Tran Duc Thach, Nguyen Kim Nhan, Nguyen Van Tinh, Nguyen Thi Cam Hong,
Duong Van Nam, and Le Thanh Tung were arrested, reportedly for their
efforts to organize public protests, distribute prodemocracy leaflets,
protest government land seizures and Chinese government actions, and
post banners critical of the Government. At year's end all were in
detention waiting to be formally charged and tried.
On December 8, eight individuals who participated in prayer vigils
at the Thai Ha parish in Hanoi were tried jointly at the Dong Da
People's Court in Hanoi and convicted of disturbing public order and
destroying public property. Seven of the parishioners were given
suspended sentences ranging from 12 to 15 months; of these, four were
also sentenced to additional administrative probation ranging from 22
to 24 months. The eighth individual was given a warning. None received
additional jail time.
After having been sentenced in 2007 for violating Article 88,
several high-profile dissidents remained in prison, including Catholic
priest Nguyen Van Ly and human rights attorneys Nguyen Van Dai and Le
Thi Cong Nhan. Dai, Nhan, and three members of the People's Democracy
Party were awarded sentence reductions after appeal.
In January writer and journalist Tran Khai Thanh Thuy, detained in
April 2007 for violation of Article 88, was tried, sentenced to time
served, and released for medical treatment.
Prodemocracy activist Nguyen Ba Dang, arrested in May 2007 for
``propagandizing against the state,'' reportedly continued to be held
in Kinh Chi Camp in Hai Duong City.
In May one of four members of the prolabor United Workers and
Farmers Organization (UWFO) arrested and convicted in December 2007 was
released after serving his sentence; the other three remained in prison
(See Section 6.a.).
In January, after 17 months in detention, Bloc 8406 member Truong
Quoc Huy was tried and sentenced to six years in prison for
``propagandizing against the state.''
Viet Tan activists Nguyen Quoc Quan, Nguyen The Vu, and Nguyen Quoc
Hai, arrested in 2006, were tried and convicted in May under Article 84
for crimes related to terrorism, but they were released after time
served.
Several political dissidents affiliated with outlawed political
organizations, including Bloc 8406, the People's Democratic Party,
People's Action Party, Free Vietnam Organization, Democratic Party of
Vietnam, UWFO, and others, remained in prison or under house arrest in
various locations.
International NGOs estimated that several hundred ethnic minority
demonstrators associated with the 2004 Central Highlands protests
remained in prison.
Civil Judicial Procedures and Remedies.--There is no clear or
effective mechanism for pursuing a civil action to redress or remedy
abuses committed by authorities. Civil suits are heard by
``administrative'' courts, civil courts, and criminal courts, all of
which follow the same procedures as in criminal cases and are
adjudicated by members of the same body of judges and lay assessors.
All three levels were subject to the same problems of corruption, lack
of independence, and inexperience.
By law a citizen seeking to press a complaint regarding a human
rights violation by a civil servant is required first to petition the
officer accused of committing the violation for permission to refer the
complaint to the administrative courts. If a petition is refused, the
citizen may refer it to the officer's superior. If the officer or his
superior agrees to allow the complaint to be heard, the matter is taken
up by the administrative courts. If the administrative courts agree
that the case should be pursued, it is referred either to the civil
courts for suits involving physical injury seeking redress of less than
20 percent of health care costs resulting from the alleged abuse, or to
the criminal courts for redress of more than 20 percent of such costs.
In practice this elaborate system of referral and permission ensured
that citizens had little effective recourse to civil or criminal
judicial procedures to remedy human rights abuses, and few legal
experts had experience with the system.
Property Restitution.--There were widespread reports of official
corruption and a general lack of transparency in the Government's
process of confiscating land and moving citizens to make way for
infrastructure projects. By law citizens must be compensated when they
are resettled to make way for infrastructure projects, but there were
complaints, including from the National Assembly, that compensation was
inadequate or delayed. A team established by the Government after land
rights protests in 2007 toured several provinces in the south, but few
claimants reported resolution to their cases as a result.
In January Catholic parishioners conducted large-scale prayer
vigils at the residence of the former papal nuncio in Hanoi, which was
confiscated by the Government and the object of an ongoing dispute.
After the Government promised to resolve the problem, the prayer vigils
ceased. On September 19, city officials announced that they would turn
the site into a public park, with the former papal nuncio's home
becoming a library. City officials immediately began demolishing
buildings on the site. Large-scale protests followed, with as many as
15,000 Catholic parishioners attending a special Mass and prayer vigil
conducted by the archbishop on September 21.
In January, April, August, and September, Catholic parishioners
conducted other large-scale prayer vigils over disputed land previously
owned by the Thai Ha parish in Hanoi. Eight individuals were arrested
in August and September and convicted in December for destroying public
property and disturbing public order in connection with their
participation in the prayer vigils at Thai Ha. Other religious
organizations also protested the use of confiscated Church properties
for commercial or government purposes.
Some members of ethnic minority groups in the Central and Northwest
Highlands continued to complain that they had not received proper
compensation for land confiscated to develop large-scale state-owned
coffee and rubber plantations. Several residents attributed the cause
of the April demonstrations in the Central Highlands to ethnic minority
frustration and discontent over policies regarding state land use.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions; however, the
Government did not respect these prohibitions in practice. Household
registration and block warden systems existed for the surveillance of
all citizens, although these systems were generally less intrusive than
in the past. Authorities focused particular attention on persons
suspected of being involved in unauthorized political or religious
activities.
Forced entry into homes is not permitted without orders from the
public prosecutor; however, security forces seldom followed these
procedures but instead asked permission to enter homes, with an implied
threat of repercussions for failure to cooperate. Some individuals
refused to cooperate with such ``requests.'' Police sometimes left when
faced with noncompliance, particularly in urban areas.
Government authorities opened and censored targeted persons' mail;
confiscated packages and letters; and monitored telephone
conversations, e mail, text messages, and facsimile transmissions. The
Government cut the telephone lines and interrupted the cellular
telephone and Internet service of a number of political activists and
their family members.
Membership in the CPV remained a prerequisite to career advancement
for all government and government linked organizations and businesses.
However, economic diversification made membership in the CPV and CPV
controlled mass organizations less essential to financial and social
advancement.
The Government continued to implement a family planning policy that
urged families to have no more than two children, but the policy
emphasized exhortation and education rather than coercion. The
Government can deny promotions and salary increases to public sector
employees with more than two children, and some cases of denied
promotion or financial penalties were reported, although the policy did
not appear to be enforced in a consistent manner. These types of
sanctions were becoming increasingly less effective as a larger segment
of the population, particularly in urban areas, continued to move into
the private sector.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, the Government continued to restrict
these freedoms, particularly with respect to speech that criticized
individual government leaders, promoted political pluralism or
multiparty democracy, or questioned policies on sensitive matters such
as human rights, religious freedom, or border disputes with China. The
line between private and public speech continued to be arbitrary.
Both the constitution and the criminal code include broad national
security and antidefamation provisions that the Government used to
restrict freedom of speech and of the press. The criminal code defines
the crimes of ``sabotaging the infrastructure of Socialism,'' ``sowing
divisions between religious and nonreligious people,'' and ``conducting
propaganda against the Socialist Republic of Vietnam'' as serious
offenses against national security. The criminal code also expressly
forbids ``taking advantage of democratic freedoms and rights to violate
the interests of the State and social organizations.''
At various times political activists and family members of
prisoners were physically prevented from meeting with foreign
diplomatic representatives. Tactics included setting up barriers or
guards outside their residences or calling them into the local police
station for random and repetitive questioning.
The CPV, government, and party controlled mass organizations
controlled all print, broadcast, and electronic media. The Government
exercised oversight through the Ministry of Information and
Communication (MIC) and supplemented its control through pervasive
party guidance and national security legislation sufficiently broad to
ensure effective self censorship by the domestic media. Beginning in
March a government ``rectification'' campaign led to financial audits
of many newspapers and imposed restrictions on the media's ability to
conduct public outreach programs, including charities and scholarships.
Those in the media widely interpreted the actions as an effort by
authorities to limit further the independence and influence of the
media.
Despite the continued growth of Internet blogs, there was a general
crackdown on press freedom throughout the year, resulting in the
firings of several senior media editors and the arrest of two
reporters. These actions dampened what had previously been a trend
toward more aggressive investigative reporting.
On May 12, police arrested reporters Nguyen Viet Chien of the daily
newspaper Thanh Nien and Nguyen Van Hai of the daily newspaper Tuoi Tre
for ``abusing power in carrying out their official duties'' in
connection with their 2006 reports on a major corruption scandal at the
Ministry of Transportation's Project Management Unit Number 18 (PMU--
18). The state press and the public voiced strong opposition to the
arrests. However, after two days of heavy coverage of the arrest, the
Ministry of Culture and Information directed the media to stop
reporting the story. Print and broadcast media obeyed this decision,
but some bloggers continued to criticize the arrests. The charges
against the journalists later were changed to ``abusing democratic
freedoms,'' and on October 15, the two were tried and convicted. The
court sentenced Nguyen Viet Chien to two years in prison and Nguyen Van
Hai to a two-year noncustodial ``reeducation'' sentence.
In July Tuoi Tre and Thanh Nien each replaced a senior editor. The
newspapers portrayed the moves as routine, although sources stated that
the two editors were demoted for publishing stories on corruption. In
August the Government revoked the press cards of seven journalists from
state-controlled newspapers for ``lack of responsibility'' in
connection with their reports on the PMU--18 scandal.
On September 19, police briefly detained and beat a foreign
correspondent working as the Hanoi bureau chief for the Associated
Press and kept his camera for eight weeks after he attempted to
photograph a prayer vigil at the former residence of the papal nuncio.
On December 18, the Government issued new regulations prohibiting
bloggers from posting material that the Government believes undermines
national security or discloses state secrets, incites violence or
crimes, or includes inaccurate information harming the reputation of
individuals and organizations. The new regulations also require global
Internet companies with blogging platforms operating in the country to
report to the Government every six months and, if requested, to provide
information about individual bloggers.
During the year the Government also continued to restrict press
stories critical of China's actions over disputed islands in the South
China Sea and supposed military plans to invade Vietnam. The editor in
chief of a major online news outlet fined in December 2007 for a
controversial editorial regarding the South China Sea remained in his
job, despite warnings that he would be removed.
The law requires journalists to pay monetary damages to individuals
or organizations who have their reputations harmed as a result of
journalists' reporting, even if the reports are true. Independent
observers noted that the law severely limited investigative reporting.
There were press reports on topics that generally were considered
sensitive, such as the prosecution on corruption charges of high
ranking CPV and government officials, as well as occasional criticism
of officials and official associations. Nonetheless, the freedom to
criticize the CPV and its senior leadership remained restricted.
Foreign journalists must be approved by the Foreign Ministry's
press center, and they must be based in Hanoi, with the exception of
one correspondent reporting solely on economic issues who lived and
maintained an office in Ho Chi Minh City while officially accredited to
Hanoi. Foreign journalists are required to renew their visas every
three to six months, although the process is routine, and there were no
reports of any visa renewals being refused. The number of foreign media
employees allowed was limited, and local employees who worked for
foreign media also were required to be registered with the Foreign
Ministry.
The procedure for foreign media outlets to hire local reporters and
photographers and receive approval for their accreditation continued to
be cumbersome. The press center nominally monitored journalists'
activities and approved, on a case-by-case basis, requests for
interviews, photographs, filming, or travel, which must be submitted at
least five days in advance. By law foreign journalists are required to
address all questions to government agencies through the Foreign
Ministry, although this procedure often was ignored in practice.
Foreign journalists noted that they generally did not notify the
Government about their travel outside of Hanoi unless it involved a
story that the Government would consider sensitive or they were
traveling to an area considered sensitive, such as the Central
Highlands.
Foreign language editions of some banned books were sold openly by
street peddlers and in shops oriented to tourists. Foreign language
periodicals were widely available in cities. Occasionally, the
Government censored articles.
The law limits access to satellite television to top officials,
foreigners, luxury hotels, and the press, but in practice persons
throughout the country were able to access foreign programming via home
satellite equipment or cable. Cable television, including foreign-
origin channels, was widely available to subscribers living in urban
areas.
Internet Freedom.--The Government allows access to the Internet
through a limited number of Internet service providers (ISPs), all of
which were state owned joint stock companies. Internet usage continued
to grow throughout the year. According to the MIC, 24 percent of the
population had access to the Internet. Blogging continued to increase
rapidly. The MIC estimated that there were more than one million
bloggers online. In addition a number of prominent print and online
news journalists maintained their own professional blogs. In several
cases their blogs were considered far more controversial that their
mainstream writing. In a few cases, the Government fined or punished
these individuals for the content of their blogs.
The Government forbids direct access to the Internet through
foreign ISPs, requires domestic ISPs to store information transmitted
on the Internet for at least 15 days, and also requires ISPs to provide
technical assistance and workspace to public security agents to allow
them to monitor Internet activities.
The Government requires firms such as cybercafes to register the
personal information of their customers and store records of Internet
sites visited by customers. However, many cybercafe owners did not
maintain these records. Similarly, it was not clear to what extent
major ISPs complied with the many government regulations.
While citizens enjoyed unprecedented increasing access to the
Internet, the Government monitored e mail, searched for sensitive key
words, regulated Internet content, and blocked many Web sites with
political or religious content that authorities deemed ``offensive.''
They claimed that censorship of the Internet was necessary to protect
citizens from pornography and other ``antisocial'' or ``bad elements.''
They also claimed that efforts to limit Internet access by school-age
users was intended to keep them from gaming at the expense of their
school work.
Officials construed Article 88 of the criminal code, which bans
``distributing propaganda against the state,'' to prohibit individuals
from downloading and disseminating documents that the Government deemed
offensive.
Authorities continued to detain and imprison dissidents who used
the Internet to publish ideas on human rights and political pluralism.
In January writer and journalist Tran Khai Thanh Thuy was arrested for
violation of Article 88. She was tried, sentenced to time served, and
released for medical treatment. In April well-known blogger and head of
the Free Journalist's Club Nguyen Hoang Hai (also known as Dieu Cay)
was arrested; on September 10, he and his wife were tried and sentenced
in Ho Chi Minh City on tax evasion charges. Hai was sentenced to 30
months in prison and a fine of 210 million VND (approximately $12,730).
Hai's wife received the same fine. On December 4, both Hai's and his
wife's sentences and fines were upheld upon appeal. The appellate court
notified Hai's attorney only nine days prior to the scheduled hearing,
not 15 as required by law.
In September local authorities in Hanoi threatened to arrest
bloggers or other individuals for e-mailing information overseas
regarding Catholic property disputes.
The Government continued to use firewalls to block some Web sites
that it deemed politically or culturally inappropriate, including sites
affiliated with the Catholic Church, such as Vietcatholic.net and
others operated by overseas Vietnamese political groups. The Government
appeared to have lifted most of its restrictions on access to the Voice
of America Web site, although it continued to block Radio Free Asia
(RFA) most of the time. Nevertheless, local press occasionally wrote
stories based on RFA broadcasts.
The MIC requires owners of domestic Web sites, including those
operated by foreign entities, to register their sites with the
Government and submit their planned content and scope to the Government
for approval; however, enforcement remained selective.
Intellasia, an online news and investment publication that the
Government shut down in August 2007 for posting ``distorted and
reactionary content,'' continued to operate from outside the country.
Academic Freedom and Cultural Events.--The Government asserts the
right to restrict academic freedom, and authorities sometimes
questioned and monitored foreign field researchers. However, the
Government continued to permit a more open flow of information,
including in the university system, than in previous years. Local
librarians increasingly were being trained in professional skills and
international standards that supported wider international library and
information exchanges and research. Foreign academic professionals
temporarily working at universities in the country were allowed to
discuss nonpolitical issues widely and freely in classes, but
government observers regularly attended classes taught by both
foreigners and nationals. Security officials occasionally questioned
persons who attended programs on diplomatic premises or used diplomatic
research facilities. Nevertheless, requests for materials from foreign
research facilities increased. Academic publications usually reflected
the views of the CPV and the Government.
The Government controlled art exhibits, music, and other cultural
activities; however, it generally allowed artists broader latitude than
in past years to choose the themes for their works. The Government also
allowed universities more autonomy over international exchanges and
cooperation programs.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The right of assembly is restricted by law, and the
Government restricted and monitored all forms of public protest or
gathering. Persons wishing to gather in a group are required by law and
regulation to apply for a permit, which local authorities can issue or
deny arbitrarily. In practice only those arranging publicized
gatherings to discuss sensitive issues appeared to require permits, and
persons routinely gathered in informal groups without government
interference. In general the Government did not permit demonstrations
that could be seen as having a political purpose. The Government also
restricted the right of several unregistered religious groups to gather
in worship (See Section 2.c.).
Prior to the April Olympic torch relay in Ho Chi Minh City, several
activists reported that authorities called them in for questioning and
warned them against organizing demonstrations.
Large-scale prayer vigils occurred in January, April, August, and
September at disputed Catholic properties at the former papal nuncio's
residence and at the Thai Ha parish in Hanoi. Police arrested eight
individuals and harassed other participants in the vigils (See Section
1.e.). Smaller demonstrations by citizens demanding redress for land
rights claims frequently took place in Ho Chi Minh City and
occasionally in Hanoi. Police monitored these protests but generally
did not disrupt them.
Freedom of Association.--The Government severely restricted freedom
of association. Opposition political parties were neither permitted nor
tolerated. The Government prohibited the legal establishment of
private, independent organizations, insisting that persons work within
established, party controlled mass organizations, usually under the
aegis of the CPV's Vietnam Fatherland Front (VFF) group. However, some
entities, including unregistered religious groups, were able to operate
outside of this framework with little or no government interference.
Officials continued to implement the June 2007 Ordinance on
Grassroots Democracy, which allows villagers, with the participation of
local VFF representatives, to convene meetings to discuss and propose
solutions to local problems and nominate candidates for local
leadership. The ordinance also requires commune governments to
publicize how they raise and spend funds for local economic
development.
Members of Bloc 8406, a political activist group that calls for the
creation of a multiparty state, continued to face harassment and
imprisonment. Its senior members were arrested and jailed in a
crackdown beginning in 2007. In September authorities arrested an
additional six members of Bloc 8406 for criticizing the Government's
response to China and economic policies. Other members faced severe
harassment for their peaceful political activities. Bloc 8406 claimed
more than 2,000 supporters inside the country, although this number
could not be verified. At least 16 members of the group were in
detention at year's end.
Several members of another activist group, the People's Democratic
Party of Vietnam, and a related group, the UWFO, remained in prison at
year's end.
c. Freedom of Religion.--The constitution and government decrees
provide for freedom of worship, and improvements made in past years in
overall respect for religious freedom continued during the year. The
Government persisted in placing restrictions on the organized
activities of religious groups; however, in general restrictions were
enforced less strictly than in previous years. Overall participation in
religious activities continued to grow significantly.
Problems remained in the implementation of the Legal Framework on
Religion. The problems occurred primarily at the local level, but in
some instances the central government also delayed enforcement.
Religious groups encountered the greatest restrictions when they
engaged in activities that the Government perceived as political
activism or a challenge to its rule. The Government continued to
discourage participation in a banned faction of the Hoa Hao Buddhist
Church. The Government also restricted the activities and movement of
the leadership of the unrecognized Unified Buddhist Church of Vietnam
(UBCV)and maintained that it would not recognize the organization under
its existing leadership. The Government remained concerned that some
ethnic minority groups active in the Central Highlands were operating a
self styled ``Dega Church,'' which reportedly mixes religious practice
with political activism and calls for ethnic minority separatism.
The Government maintained a prominent role overseeing recognized
religions. By law religious groups must be officially recognized or
registered, and the activities and leadership of individual religious
congregations must be approved by the appropriate authorities. The law
mandates that the Government act in a timely and transparent fashion,
but the approval process for registration and recognition of religious
organizations was sometimes slow and nontransparent. Nevertheless, new
congregations were registered throughout the country during the year,
and a number of new religious denominations were registered at the
national level. However, in the northern region and the Northwest
Highlands, local authorities had not acted on many registration
applications submitted since 2006 by more than 1,000 Protestant
congregations among predominantly ethnic minority groups.
Some local authorities continued to demand that recognized
religious organizations provide lists of all members of
subcongregations as a precondition to registration, although this
requirement was not codified specifically in the Legal Framework on
Religion. Some registered congregations in the northern region and the
Northwest Highlands complained that officials used such lists to keep
unlisted members from participating in services or for harassment by
local authorities or their agents. Annual activities by congregations
also must be registered with authorities, and activities not on the
accepted annual calendar require separate government approval.
As in past years, official oversight of religious groups varied
widely from locality to locality, often as a result of ignorance of
national policy or varying local interpretations of the policy's
intent. In general, central level efforts to coordinate proper
implementation of the Government's religious framework reduced the
frequency and intensity of religious freedom violations. Nevertheless,
activities of nonrecognized and unregistered religious groups remained
technically illegal, and these groups occasionally experienced
harassment. Several ``unregistered'' religious gatherings were broken
up or obstructed in Haiphong and the Northwest Highlands, amid
accusations by religious practitioners that local authorities sometimes
used ``contract thugs'' to harass or beat them. In Tra Vinh there were
reports of repeated police harassment and beatings by plainclothes
``citizen brigades'' at several house churches, including the Full
Gospel Church. Authorities took no disciplinary action against the
offenders. However, the level of harassment declined in comparison with
previous years, and the vast majority of unregistered churches and
temples were allowed to operate without interference.
The Government actively discouraged contacts between the UBCV,
which the Government considered an illegal group, and its foreign
supporters, although such contacts continued. Police routinely
questioned some persons who held alternative religious or political
views, such as UBCV monks and certain Catholic priests. Police
continued to restrict the free movement of UBCV monks.
There were few credible allegations of forced renunciations in the
Central and Northwest Highlands during the year. Nevertheless, articles
in some provincial newspapers encouraged local authorities and ethnic
minority groups to favor animist and traditional beliefs and to reject
Protestantism.
The vast majority of Buddhists practiced their religion under the
Vietnam Buddhist Sangha Executive Council, the officially sanctioned
Buddhist governing council, and generally were able to worship freely.
The Government continued to harass UBCV members and prevented them from
conducting independent charitable activities outside their pagodas.
Senior UBCV leaders remained under heavy police surveillance at
their pagodas and reported limited ability to travel within the
country. Thich Quang Do and Thich Khong Thanh were able to attend the
funeral of the UBCV patriarch in July, although some UBCV monks in the
provinces reported that authorities prevented them from traveling. One
UBCV monk moved to Ho Chi Minh City from the provinces and resigned
from the UBCV leadership because of constant surveillance and
harassment by authorities.
The Catholic Church reported that the Government continued to ease
restrictions on assignment of new clergy. Unlike in previous years,
there were no cases of the Government rejecting Catholic bishops. The
Church discussed establishing additional Catholic seminaries with the
Government and expanded its pastoral works program. The Church moved
towards establishment of an official joint working group with the
Vatican to develop principles and a roadmap toward establishing
official relations.
A number of Catholic clergy reported a continued easing of
government control over activities in certain dioceses outside of
Hanoi. In many places local government officials allowed the Catholic
Church to conduct religious education classes (outside regular school
hours) and charitable activities. The Ho Chi Minh City government
continued to facilitate certain charitable activities of the Church in
combating HIV/AIDS; however, educational activities and legal permits
for some Catholic charities to operate as NGOs remained suspended. In
October the Government granted authority for Caritas to reopen an
office following a 32-year absence.
Local officials informally discouraged some clergy from traveling
domestically, even within their own provinces, especially when travel
to ethnic minority areas was involved. The Catholic archbishop of Hanoi
was restricted in his official travels to ethnic minority areas in the
north but was allowed to travel there in a private capacity.
Despite some reports of discrimination against Catholic students,
authorities denied that the Government has a policy of limiting access
to education based on religious belief.
At least 10 Hoa Hao Church followers allegedly involved in a 2005
clash with police remained in prison. Hoa Hao monks and believers
following the Government approved Hoa Hao Administrative Council were
allowed to practice their faith. Monks and followers who belonged to
dissident groups or declined to recognize the authority of the council
suffered restrictions.
Religious organizations are not allowed to operate schools
independently. Foreign missionaries may not operate openly as religious
workers in the country, although many undertook humanitarian or
development activities with government approval and met with registered
congregations.
The Government generally required religious publishing to be done
through a government owned religious publishing house; however, some
religious groups were able to copy their own materials or import them,
subject to government approval. The Government relaxed restrictions
somewhat on the printing and importation of some religious texts,
including in some ethnic minority languages. At year's end the
Government's Committee for Religious Affairs had not approved
publication of a Hmong-language Bible, permission for which was
requested more than two years ago, pending approval from the Ministry
of Education and Training.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation; however, the Government imposed some limits on freedom of
movement for certain individuals. The Government generally cooperated
with the UN High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees and asylum seekers.
Several political dissidents, amnestied with probation or under
house arrest, were subject to official restrictions on their movements,
but police allowed them to venture from their homes under surveillance.
For example, political dissidents Pham Hong Son and Nguyen Khac Toan,
amnestied in 2006, and attorney Le Quoc Quan and journalist Nguyen Vu
Binh, amnestied in 2007, continued to be subject to administrative
detention in the form of official restrictions on their movements.
Although occasionally confined to their homes, they were allowed some
movement within Hanoi, but their movements and visits from other
dissidents were closely monitored. On September 1, while attempting to
travel to meet with foreign parliamentarians, Quan was detained at
Hanoi's Noi Bai airport. Authorities canceled Quan's passport and
informed him that he was not allowed to travel overseas. Son and Toan
also were prohibited from traveling overseas. In Ho Chi Minh City,
prominent activists Nguyen Dan Que and Do Nam Hai remained under house
arrest. Hai was prevented from meeting with foreign diplomats on at
least two occasions.
A government restriction regarding travel to certain areas remained
in effect. It requires citizens and resident foreigners to obtain a
permit to visit border areas, defense facilities, industrial zones
involved in national defense, areas of ``national strategic storage,''
and ``works of extreme importance for political, economic, cultural,
and social purposes.''
The 2007 Law on Residence was not broadly implemented, and
migration from rural areas to cities continued unabated.
Moving without permission hampered persons seeking legal residence
permits, public education, and healthcare benefits. Foreign passport
holders must register to stay in private homes, although there were no
known cases of local authorities refusing to allow foreign visitors to
stay with friends and family. Citizens are also required to register
with local police when they stay overnight in any location outside of
their own homes; the Government appeared to have enforced these
requirements more strictly in some districts of the Central and
Northern Highlands.
The Government refused to issue passports to a number of well-known
dissidents. Provincial governments in the Central Highlands facilitated
the passport issuance and travel of ethnic minority individuals
traveling legally to the United States on family reunification visas.
Officials occasionally delayed citizens' access to passports to
extort bribes. Prospective emigrants rarely encountered difficulties in
obtaining a passport.
The law does not provide for forced internal or external exile, and
the Government did not use it.
The Government generally permitted citizens who had emigrated
abroad to return to visit. However, the Government refused to allow
certain activists living abroad to return. Known overseas Vietnamese
political activists were denied entrance visas.
By law the Government considers anyone born in the country to be a
citizen, even if the person has acquired another country's citizenship,
unless a formal renunciation of citizenship has been approved by the
president. However, in practice the Government usually treated overseas
Vietnamese as citizens of their adopted country. Emigrants were not
permitted to use Vietnamese passports after they acquired other
citizenship. The Government generally encouraged visitation and
investment by such persons but sometimes monitored them carefully.
During the year the Government liberalized travel restrictions for
overseas Vietnamese, adopting a multiple-entry visa program for
``qualified'' persons, and in November the National Assembly passed
legislation allowing for dual citizenship.
The Government continued to honor a tripartite memorandum of
understanding signed with the Government of Cambodia and the UNHCR to
facilitate the return from Cambodia of all ethnic Vietnamese who did
not qualify for third country resettlement.
Local government authorities observed but did not hinder fact
finding and monitoring visits by UNHCR and foreign diplomatic mission
representatives to the Central Highlands. The UNHCR reported that it
was able to meet with returnees in private. Foreign diplomats
experienced some resistance from lower level officials in permitting
private interviews of returnees. As in previous years, local police
officials sometimes were present during foreign diplomat interviews
with returnees but left when asked. Provincial governments generally
continued to honor their obligations to reintegrate peacefully ethnic
minority returnees from Cambodia.
The UNHCR reported that the situation in the Central Highlands
appeared to be one of integrating ethnic minorities into a national
community rather than a refugee-producing situation and that the
atmosphere was ``relaxed'' during their monitoring visits. The UNHCR
also reported that conditions for ethnic minorities in the Central
Highlands had improved since the 2001 and 2004 crackdowns. It stated
that there was ``no perceptible evidence of mistreatment'' of any of
the ethnic minority individuals it monitored in the Central Highlands.
The flow of ethnic minorities across the border into Cambodia, high in
the early part of the year, essentially stopped in mid-year, possibly
because almost all new arrivals were determined by the UNHCR to be
economic migrants rather than refugees.
Protection of Refugees.--The country is not a signatory to the 1951
UN Convention relating to the Status of Refugees and its 1967 protocol,
and the law does not provide for the granting of asylum or refugee
status. The Government has not established a system for providing
protection to refugees and did not grant refugee status or asylum. The
Government did not provide protection against the expulsion or return
of persons where their lives or freedom would be threatened; however,
there were no such reported cases during the year.
Stateless Persons.--The country's largest stateless group consisted
of approximately 9,500 Cambodian residents who sought refuge in Vietnam
in the 1970s and were denied the right to return by the Government of
Cambodia, which asserted that no proof existed to confirm that these
individuals had ever possessed Cambodian citizenship. Almost all were
ethnic Chinese or Vietnamese. The group was initially settled in a
number of refugee camps in and around Ho Chi Minh City. When
humanitarian assistance in these camps ceased in 1994, an estimated
7,000 refugees left the camps in search of work and opportunities in Ho
Chi Minh City and the surrounding area. A further 2,200 remained in
four villages in which the camps once operated. Many had children and
grandchildren born in Vietnam, but neither the original refugees nor
their children enjoyed the same rights as Vietnamese citizens,
including the right to own property, comparable access to education,
and public medical care. In 2007 the UNHCR and the Governments of
Cambodia and Vietnam developed a plan calling for a full survey and
Vietnamese naturalization of these stateless individuals. However,
implementation of the plan was postponed during the year.
By passing new legislation allowing for dual citizenship, the
Government attempted to resolve earlier problems of statelessness by
involuntary denationalization of its citizens, such as women who
married foreigners. This group typically consisted of women who married
Chinese, Korean, or Taiwanese men. Previously the women had to renounce
their Vietnamese citizenship to apply for foreign citizenship, but
before gaining foreign citizenship, they divorced their husbands and
returned to Vietnam without possessing any citizenship or supporting
documentation. The UNHCR worked with the Government and the
international community to address other aspects of this problem.
The Vietnam Women's Union continued to work with the Government of
South Korea to address international marriage brokering and premarriage
counseling, including education on immigration and citizenship
regulations. The Ministry of Foreign Affairs pledged to work with
immigration authorities to publicize more effectively the methods for
such women to regain their lost Vietnamese citizenship, documentation,
and residency benefits. However, because the process was costly and
cumbersome, such women often remained stateless. Some domestic and
international NGOs provided assistance.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution does not provide for the right of citizens to
change their government peacefully, and citizens could not freely
choose and change the laws and officials that govern them.
Elections and Political Participation.--The most recent elections
to select members of the National Assembly were held in May 2007. The
elections were neither free nor fair, since all candidates were chosen
and vetted by the VFF. Despite the CPV's early announcement that a
greater number of ``independent'' candidates (those not linked to a
certain organization or group) would run in the elections, the ratio of
independents was only slightly higher than that of the 2002 election.
The CPV approved 30 ``self-nominated'' candidates, who did not have
official government backing but were given the opportunity to run for
office. There were credible reports that party officials pressured many
self-nominated candidates to withdraw or found such candidates
``ineligible'' to run.
According to the Government, more than 99 percent of the 56 million
eligible voters cast ballots in the election, a figure that
international observers considered improbably high. Voters were
permitted to cast ballots by proxy, and local authorities were charged
with ensuring that all eligible voters cast ballots by organizing group
voting and that all voters within their jurisdiction were recorded as
having voted. This practice was seen as having greatly detracted from
the transparency and fairness of the process.
In the 2007 election, CPV leaders--Prime Minister Nguyen Tan Dung,
Party Chief Nong Duc Manh, President Nguyen Minh Triet, and National
Assembly Chairman Nguyen Phu Trong--retained their seats. CPV
candidates took 450 of 493 seats. Only one of the 30 self-nominated
candidates won.
The National Assembly, although subject to the control of the CPV
(all of its senior leaders and more than 90 percent of its members were
party members), continued to take incremental steps to assert itself as
a legislative body. The National Assembly publicly criticized
socioeconomic policies, the Government's handling of inflation, and the
plan to expand Hanoi's governing jurisdiction. Assembly sessions were
televised live countrywide. Some deputies also indirectly criticized
the CPV's preeminent position in society.
All authority and political power is vested in the CPV, and the
constitution recognizes the leadership of the CPV. Political opposition
movements and other political parties are illegal. The CPV Politburo
functions as the supreme decision making body in the country, although
it technically reports to the CPV Central Committee.
The Government continued to restrict public debate and criticism
severely. No public challenge to the legitimacy of the one party state
was permitted; however, there were instances of unsanctioned letters
critical of the Government from private citizens, including some former
senior party members, that circulated publicly. The Government
continued to crack down on the small opposition political groupings
established in 2006, and members of these groups faced arrests and
arbitrary detentions.
The law provides the opportunity for equal participation in
politics by women and minority groups. There were 127 women in the
National Assembly, or 26 percent, a slightly lower percentage than in
the previous assembly.
Ethnic minorities held 87 seats, or 18 percent, in the National
Assembly, exceeding their proportion of the population, estimated at
approximately 13 percent.
Government Corruption and Transparency.--The law provides for
criminal penalties for official corruption; however, the Government did
not always implement the law effectively, and officials sometimes
engaged in corrupt practices with impunity. Corruption continued to be
a major problem. The Government persisted in efforts to fight
corruption, including publicizing budgets of different levels of
government, refining a 2007 Asset Declaration Decree, and continuing to
streamline government inspection measures. Cases of government
officials accused of corruption sometimes were publicized widely.
The anticorruption law allows citizens to complain openly about
inefficient government, administrative procedures, corruption, and
economic policy. In regular Internet chats with high-level government
leaders, citizens asked pointed questions about anticorruption efforts.
However, the Government continued to consider public political
criticism a crime unless the criticism was controlled by the
authorities. Attempts to organize those with complaints to facilitate
action are considered proscribed political activities and subject to
arrest. Senior government and party leaders traveled to many provinces,
reportedly to try to resolve citizen complaints. Corruption related to
land use was widely publicized in the press, apparently in an
officially orchestrated effort to bring pressure on local officials to
reduce abuses.
According to the 2007 decree, government officials must annually
report by November 30 the houses, land, precious metals, and ``valuable
papers'' they own; money they hold in overseas and domestic bank
accounts; and their taxable income. The decree requires the Government
to publicize asset declaration results only if a government employee is
found ``unusually wealthy'' and more investigation or legal proceedings
are needed. In addition to senior government and party officials, the
decree applies to prosecutors, judges, and those at and above the rank
of deputy provincial party chief, deputy provincial party chairperson,
deputy faculty head at public hospitals, and deputy battalion chief.
Due to a lack of transparency, it was not known how widely the decree
was enforced.
While the 2007 trial and conviction of officials involved in the
PMU--18 scandal were initially hailed as a positive step, the
prosecution and dismissal of journalists and editors who reported the
story had a chilling effect on investigative reporting of official
corruption.
In April the head of the provincial CPV in Ca Mau Province claimed
someone had tried to bribe him with 100 million VND (approximately
$6,060) to receive a government job. Because he refused to identify the
individual, in September he was fired as party chief.
In September the MPS began investigating an incident in which a
senior official in the Management Board of the East--West Avenue and
Water Environment project in Ho Chi Minh City allegedly received a
bribe of 90 million yen ($820,000) from officials of a foreign
consulting firm. In November the Ho Chi Minh City People's Committee
temporarily suspended Huynh Ngoc Sy from his dual post as deputy
director of the municipal Transport Service and director of the East--
West Avenue and Water Environment project for his alleged involvement
in the corruption.
The law does not provide for public access to government
information, and the Government did not usually grant access for
citizens and noncitizens, including foreign media. In accordance with
the Law on Promulgation of Legal Normative Documents, the Official
Gazette published most legal documents in its daily edition. The
Government maintained a Web site in both Vietnamese and English, as did
the National Assembly. In addition decisions made by the Supreme
People's Court Council of Judges were accessible through the SPC Web
site. Party documents such as politburo decrees were not published in
the Gazette.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government does not permit private, local human rights
organizations to form or operate. The Government did not tolerate
attempts by organizations or individuals to comment publicly on its
human rights practices, and it used a wide variety of methods to
suppress domestic criticism of its human rights policies, including
surveillance, limits on freedom of the press and assembly, interference
with personal communications, and detention.
The Government generally prohibited private citizens from
contacting international human rights organizations, although several
activists did so. The Government usually did not permit visits by
international NGO human rights monitors; however, it allowed
representatives from the press, the UNHCR, foreign governments, and
international development and relief NGOs to visit the Central
Highlands. The Government criticized almost all public statements on
human rights and religious issues by international NGOs and foreign
governments.
The Government was willing to discuss human rights problems
bilaterally with some foreign governments, and several foreign
governments continued official talks with the Government concerning
human rights, typically through annual human rights dialogues.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on gender, ethnicity,
religion, or social class; however, enforcement of these prohibitions
was uneven.
Women.--The law prohibits using or threatening violence, taking
advantage of a person who cannot act in self defense, or resorting to
trickery to have sexual intercourse with a person against that person's
will. This appears to criminalize rape, spousal rape, and in some
instances sexual harassment; however, there were no known instances of
prosecution for spousal rape or sexual harassment. Other rape cases
were prosecuted to the full extent of the law. No reliable data were
available on the extent of the problem.
The law prescribes punishment ranging from warnings to a maximum of
two years' imprisonment for ``those who cruelly treat persons dependent
on them.'' The 2007 Law on Domestic Violence Prevention and Control
went into effect on July 1. It specifies acts constituting domestic
violence, assigns specific portfolio responsibilities to different
government agencies and ministries, and stipulates punishments for
perpetrators of domestic violence; however, NGO and victim advocates
considered many of the provisions to be weak. While the police and
legal system generally remained unequipped to deal with cases of
domestic violence, the Government, with the help of international and
domestic NGOs, began training police, lawyers, and legal system
officials in the 2007 law.
Officials increasingly acknowledged the existence of domestic
violence as a significant social concern, and this was discussed more
openly in the media. Domestic violence against women was considered
common, although there were no firm statistics measuring the extent of
the problem. Several domestic and international NGOs worked on the
problem. Hot lines for victims of domestic violence operated by
domestic NGOs existed in major cities. The Center for Women and
Development, supported by the Vietnam Women's Union, also operated a
nationwide hot line, although it was not widely advertised in rural
areas. While rural areas often lacked the financial resources to
provide crisis centers and domestic hot lines, the 2007 law established
``reliable residences'' allowing women to turn to another family while
local authorities and community leaders attempt to confront the abuser
and resolve complaints. Government statistics reported that
approximately half of all divorces were due in part to domestic
violence. The divorce rate continued to rise, but many women remained
in abusive marriages rather than confront social and family stigma as
well as economic uncertainty.
The Government, with the help of international NGOs, supported
workshops and seminars aimed at educating women and men about domestic
violence and also highlighted the issue through public awareness
campaigns. Domestic NGOs were increasingly engaged in women's issues,
particularly violence against women and trafficking of women and
children. A government-supported national center provided services to
victims of trafficking, including a shelter and vocational training.
The center was partly supported by foreign foundations and NGOs.
Prostitution is illegal, but enforcement was uneven. Estimates
varied widely--the Government reported more than 30,000 prostitutes,
but some NGOs estimated that there were up to 300,000 in the country,
including those who engaged in prostitution part--time or seasonally.
As in past years, some women reportedly were coerced into prostitution,
often victimized by false promises of lucrative employment; many more
felt compelled to work as prostitutes because of poverty and a lack of
other employment opportunities. There were fewer reports that parents
coerced daughters into prostitution or made extreme financial demands
that compelled them to engage in prostitution. The Women's Union as
well as international and domestic NGOs engaged in education and
rehabilitation programs to combat these abuses.
While there is no legal discrimination, women continued to face
societal discrimination. Despite the large body of legislation and
regulations devoted to the protection of women's rights in marriage and
in the workplace, as well as labor code provisions that call for
preferential treatment of women, women did not always receive equal
treatment.
The act of sexual harassment is clearly defined; however, its
prevention is not specified in legal documents. Ethical regulations for
government and other public servants do not mention the problem,
although it existed.
Victims of sexual harassment may contact social associations such
as the Women's Union to request their involvement. In serious cases
victims may sue offenders under Article 121 of the penal code, which
deals with ``humiliating other persons'' and specifies punishments that
include a warning, noncustodial reform for up to two years, or a prison
term ranging from three months to two years. However, in reality sexual
harassment lawsuits were unheard of, and most victims were unwilling to
denounce the offenders publicly.
The Women's Union and the National Committee for the Advancement of
Women (NCFAW) continued to promote women's rights, including political,
economic, and legal equality and protection from spousal abuse. The
Women's Union also operated microcredit consumer finance programs and
other programs to promote the advancement of women. The NCFAW continued
implementing the Government's national strategy on the advancement of
women by the end of 2010. Key areas of this strategy focus on placing
more women in senior ministry positions and in the National Assembly.
The strategy also focuses on increasing literacy rates, access to
education, and healthcare.
Children.--International organizations and government agencies
reported that, despite the Government's promotion of child protection
and welfare, children continued to be at risk of economic exploitation.
Education is compulsory, free, and universal through the age of 14;
however, authorities did not always enforce the requirement, especially
in rural areas, where government and family budgets for education were
strained and children's contribution as agricultural laborers was
valued.
Anecdotal evidence suggested that child abuse occurred, but there
was no information on the extent of such abuse.
Child prostitution, particularly of girls but also of boys, existed
in major cities. Many prostitutes in Ho Chi Minh City were under 18
years of age. Some minors were forced into prostitution for economic
reasons.
According to the Ministry of Labor, Invalids, and Social Affairs
(MOLISA), there were an estimated 23,000 street children, who were
vulnerable to abuse and were sometimes abused or harassed by police.
MOLISA managed two centers to provide support for children in needy
situations. Youth unions also launched awareness campaigns.
Trafficking in Persons.--The law prohibits trafficking in persons,
but trafficking, particularly in women and children for sexual
exploitation and men for forced labor overseas, remained a significant
problem. Reliable statistics on the number of citizens who were victims
of sex related trafficking were not available; however, there was
evidence that the number was growing. Documentation of known
trafficking cases as well as the level of case adjudications and
prosecutions increased, while the Government became more open in
identifying and prosecuting trafficking cases and public awareness
rose. As the country's economy continued to grow, international and
domestic criminal organizations involved in human trafficking sought to
take advantage of increased exposure to international markets, expanded
use of the Internet, and a growing gap between rich and poor to exploit
persons at risk and develop trafficking networks.
The country was a significant source for trafficking in persons.
Women were trafficked primarily to Cambodia, Malaysia, China, Taiwan,
and South Korea for sexual exploitation. Women also were trafficked to
Hong Kong, Macau, Thailand, Indonesia, the United Kingdom, Eastern
Europe, and the United States. There were reports that some women going
to Taiwan, Hong Kong, Macau, South Korea, and China for arranged
marriages were victims of trafficking. Women and children also were
trafficked within the country, usually from rural to urban areas. Men
were trafficked regionally to work in construction, agriculture,
fishing, and other commercial enterprises.
There were continued reports of women from Ho Chi Minh City and the
Mekong Delta forced into prostitution after marrying overseas,
primarily in other Asian countries. There was reported trafficking in
women to the Macau Special Administrative Region of China with the
assistance of organizations in China that were ostensibly marriage
service bureaus, international labor organizations, and travel
agencies. After their arrival women were forced into conditions similar
to indentured servitude; some were forced into prostitution.
Children were trafficked for the purpose of prostitution, both
within the country and to foreign destinations. An NGO advocate
estimated that the average age of trafficked girls was between 15 and
17. Some reports indicated that the ages of girls trafficked to
Cambodia typically were lower.
There were multiple arrests of private citizens and government
officials for offering payments to birth parents in exchange for
relinquishing infant children for adoption, creating fraudulent
documents to conceal the child's identity, and trafficking these
children to other provinces where they were offered for adoption. In
addition there were documented cases in which small children and
infants were kidnapped and sold for adoption to persons in Europe,
North America, or China. The MPS identified the problem of kidnapping
and trafficking in children for purposes of adoption as one of
increasing concern, and these cases were highlighted in the media.
There were some documented cases of trafficking in adults for
labor. These included men trafficked to Malaysia and Thailand to
support construction industry projects and cases of fishermen working
in Taiwan. Deceitful and fraudulent overseas labor contracts and
recruiting remained problem,, although the Government began to take
steps to regulate export labor. MOLISA reported that some workers of
state-owned labor companies who were recruited and sent abroad suffered
conditions akin to involuntary servitude or forced labor. MOLISA
reported incidents within the Malaysian construction industry as well
as in Thailand (See Section 6.e.).
Poor women and teenage girls, especially those from rural areas,
were most at risk for being trafficked. Research by the MPS and the UN
Children's Fund indicated that trafficking victims could come from any
part of the country but were concentrated in certain northern and
southern border provinces, especially the Mekong Delta and central
province of Thanh Hoa. Some were sold by their families as domestic
workers or for sexual exploitation. In some cases traffickers paid
families several hundred dollars in exchange for allowing their
daughters to go to Cambodia for an ``employment offer.'' Many victims
faced strong pressure to make significant contributions to the family
income; others were offered lucrative jobs by acquaintances. False
advertising, debt bondage, confiscation of documents, and threats of
deportation were other methods commonly used by the traffickers, family
members, and employers.
Individual opportunists, informal networks, and some organized
groups lured poor, often rural, women with promises of jobs or marriage
and forced them to work as prostitutes. Family relatives were often
involved in trafficking cases. The Government stated that organized
criminal groups were involved in recruitment, transit, and other
trafficking related activities.
The law provides for prison sentences of two to 20 years for each
offense for persons found guilty of trafficking women, and between
three years and life in prison for each offense for persons found
guilty of trafficking children. The Government continued to increase
efforts to prosecute traffickers. In Tay Ninh Province, police broke up
four trafficking rings, arrested 11 suspects, and rescued 15
trafficking victims in a series of raids carried out during the first
half of the year. At year's end nine of the ll suspects were in
detention awaiting trial, and two were released due to lack of
evidence.
A national steering committee, led by the MPS, coordinated
government efforts in the identification and prosecution of trafficking
cases and assisted in prevention and training activities. The Criminal
Police Department of the MPS, the Ministry of Justice, the Border Guard
Command, and the Social Evils Department of MOLISA were the main
government agencies involved in combating trafficking, with significant
collaboration from the Women's Union. The committee continued to train
national and local officials to combat trafficking. The Government
produced a comprehensive training manual on the prevention and
suppression of human trafficking, drafted with input from international
NGOs, that provides an overview of human trafficking, describes
assistance available to victims, and explains international and
domestic legal documents, laws, and policies on trafficking. Police
took an increasingly active role in investigating trafficking during
the year, including continued development of the dedicated
antitrafficking force. The Government reported no increase in case
investigations and prosecutions and attributed this to greater public
awareness and knowledge on the part of the traffickers that the
Government would arrest and prosecute perpetrators.
The Government continued to implement its 2004-10 National Program
of Action on combating trafficking in women and children as well as a
new export labor law and directives on recruitment and contracting
transparency. MOLISA issued a government circular describing the
procedures for receiving and supporting the trafficking victims.
Mass organizations and NGOs operated programs to educate at-risk
persons about the potential for trafficking and to reintegrate
trafficked women and children into society. During the year programs
continued that were designed to provide protection and reintegration
assistance for trafficking victims through psychosocial support and
vocational training as well as to supplement regional and national
prevention efforts by targeting at risk populations. Official
institutions, including MOLISA and the Department of the Family, and
mass organizations, such as the Women's Union and the Youth Union,
continued programs aimed at trafficking prevention, public awareness,
and victims' protection. Government agencies worked with the
International Organization for Migration, Asia Foundation, Pacific
Links Foundation, and other international NGOs to provide temporary
shelter, medical services, education, credit, counseling, and
rehabilitation to returned trafficking victims. Security agencies with
border control responsibility received training in investigative
techniques to prevent trafficking.
The Government worked with international NGOs to supplement and
strengthen law enforcement measures and institutions and cooperated
with foreign governments to prevent trafficking. It also cooperated
closely with other countries within the frameworks of Interpol, its
Asian counterpart, and the Association of Southeast Asian Nations. On
March 24, the Government signed an antitrafficking memorandum of
understanding with Thailand, resulting in increased cooperation on
border security, identification, and prosecution of trafficking cases.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law requires the state to protect
the rights and encourage the employment of persons with disabilities.
The provision of services to such persons, although limited, improved
during the year.
The Ministry of Transportation continued to implement accessibility
codes for public transportation facilities and trained transportation
agency officials and students on use of the codes.
Construction or major renovation of new government and large public
buildings must include access for persons with disabilities. The
Ministry of Construction maintained enforcement units in Hanoi, Ho Chi
Minh City, Danang, Quang Nam, and Ninh Binh to enforce the barrier-free
codes.
The law provides for preferential treatment for firms that recruit
persons with disabilities and for fines on firms that do not meet
minimum quotas that reserve 2 to 3 percent of their workforce for
workers with disabilities; however, the Government enforced these
provisions unevenly. Firms that have 51 percent of their employees with
disabilities can qualify for special government subsidized loans.
The Government respected the political and civil rights of persons
with disabilities. Under the election law, ballot boxes may be brought
to the homes of individuals unable to go to a polling station.
The Government supported the establishment of organizations aiding
persons with disabilities. Such persons were consulted in the
development or review of national programs, such as the national
poverty reduction program, vocational laws, and various educational
policies. The National Coordination Committee on Disabilities and its
ministry members worked with domestic and foreign organizations to
provide protection, support, physical access, education, and
employment. The Government operated a small network of rehabilitation
centers to provide long term, inpatient physical therapy. Several
provinces, government agencies, and universities had specific programs
for those with disabilities.
National/Racial/Ethnic Minorities.--Although the Government
officially prohibits discrimination against ethnic minorities,
longstanding societal discrimination against ethnic minorities
persisted. Despite the country's significant economic growth, ethnic
minority communities benefited little from improved economic
conditions.
Some members of ethnic minority groups continued to flee to
Cambodia and Thailand, reportedly to seek greater economic opportunity
or shortcuts to immigration to other countries. Government officials
monitored certain highland minorities closely, particularly several
ethnic groups in the Central Highlands, because of concern that the
form of Protestant religion they practiced encouraged ethnic minority
separatism.
The Government continued to impose security measures in the Central
Highlands in response to concerns over possible ethnic minority
separatist activity. There were reports that ethnic minority
individuals telephoning the ethnic minority community abroad were a
special target of police attention. There were a few reports that
ethnic minorities seeking to enter Cambodia were returned by Vietnamese
police operating on both sides of the border, sometimes followed by
police beatings and detentions.
The Government continued to address the causes of ethnic minority
discontent through special programs to improve education and health
facilities and to expand road access and electrification of rural
communities and villages. The Government allocated land to ethnic
minorities in the Central Highlands through a special program, but
there were complaints that implementation of these special programs was
uneven.
The Government maintained a program to conduct classes in some
local ethnic minority languages up to the fifth grade. The Government
worked with local officials to develop local language curricula, but it
appeared to implement this program more comprehensively in the Central
Highlands than in the mountainous northern and northwestern provinces.
The Government operated special schools for ethnic minorities in many
provinces, including subsidized boarding schools at the high school and
middle school levels, and offered special admission and preparatory
programs as well as scholarships and preferential admissions at the
university level. There were also a few government-subsidized technical
and vocational schools for ethnic minorities. Nonetheless, there were
credible cases of discrimination against Christian ethnic minorities,
although the law provides for universal education for children
regardless of religion or ethnic group.
The Government broadcast radio and television programs in ethnic
minority languages in some areas. The Government also instructed
majority ethnic Kinh officials to learn the language of the locality in
which they worked. Provincial governments continued initiatives
designed to increase employment, reduce the income gap between ethnic
minorities and ethnic Kinh, and make officials sensitive and receptive
to ethnic minority culture and traditions.
The Government granted preferential treatment to domestic and
foreign companies that invested in highland areas, which are heavily
populated with ethnic minorities. The Government also maintained
infrastructure development programs that targeted poor, largely ethnic
minority areas and established agricultural extension programs for
remote rural areas.
Other Societal Abuses and Discrimination.--Some persons formerly
interned in reeducation camps on the basis of association with the pre
1975 government continued to report varying levels of official and
social discrimination as they and their families sought access to
housing, education, and employment, although the overall incidence of
such discrimination declined substantially as previously enforced
prohibitions eased and the percentage of war veterans in the work force
decreased.
There was no evidence of official discrimination against persons
with HIV/AIDS, but societal discrimination against such persons
existed. There were credible reports that persons with HIV/AIDS lost
jobs or suffered from discrimination in the workplace or in finding
housing, although such reports decreased. In a few cases, children of
persons with HIV/AIDS were barred from schools, despite its being
against the law. With the assistance of foreign donors, the national
government and provincial authorities took steps to treat, assist, and
accommodate persons with HIV/AIDS and decrease societal stigma and
discrimination, although overall consistency was lacking. Religious
charities were sometimes permitted to operate in this area.
A homosexual community existed but was largely underground. There
was low public awareness of homosexuality and little evidence of
discrimination based on sexual orientation.
Section 6. Worker Rights
a. The Right of Association.--Workers may chose whether or not to
join a union and at which level (local, provincial, or national) they
wish to participate; however, every union is affiliated with and
controlled by the nation's only trade union, the Vietnam General
Confederation of Labor (VGCL). The VGCL, an umbrella organization
controlled by the CPV, approves and manages a range of subsidiary labor
unions organized according to location and industry. Workers are not
free to join or form any union independent of the VGCL.
According to VGCL statistics, in August total membership was more
than 6.2 million, or an estimated 39 percent of the country's
approximately 16 million wage earners. Of the VGCL members, 36.5
percent worked in the public sector, 33.1 percent in state owned
enterprises, and 30.4 percent in the private sector. The VGCL claimed
that its membership represented 95 percent of public-sector workers and
90 percent of workers in state owned enterprises. Approximately 1.7
million union members worked in the private sector, including in
enterprises with foreign investment (more than 700,000 persons).
There are mandatory union dues for union members of 1 percent of
salary, and employers must contribute 2 percent of payroll. While these
dues are intended to support workers and union activities, there was
little transparency in how they were used. The vast majority of the
workforce was not unionized and did not pay union dues, as almost 34
million of the 45.3 million total laborers lived in rural areas and
engaged in activities such as small scale farming or worked in small
companies and the informal private sector.
Union leaders influenced key decisions, such as amending labor
legislation, developing social safety nets, and setting health, safety,
and minimum wage standards. However, the VGCL asserted that authorities
did not always prosecute violations of the law. MOLISA acknowledged
shortcomings in its labor inspection system, emphasizing that the
country had an insufficient number of labor inspectors. The VGCL
stated, and MOLISA acknowledged, that low fines on firms for labor
violations failed to act as an effective deterrent against law
violations.
In the case of four UWFO members convicted in December 2007 under
Article 258 of the penal code, which prohibits ``abusing democratic
freedoms to infringe upon the interests of the state and the rights of
organizations and citizens,'' Doan Huy Chuong was released on May 13
after serving his sentence; Nguyen Tan Hoanh was also released from
prison in May. On February 25, the three-year prison sentence of Nguyen
Thi Tuyet was upheld by a court of appeal. Le Van Sy was reportedly
released in March 2007; the status of two other UWFO members--Nguyen
Toan and Le Ba Triet--was unknown at year's end.
Nguyen Khac Toan, former journalist and founder of the
International Labor Union of Vietnam (ILUV), remained under strict
surveillance and house arrest. In August he was prohibited from
traveling overseas to seek medical treatment. Police briefly detained
him several times throughout the year and seized his computers and
other personal equipment. The Government continued to outlaw the ILUV,
which Toan created in 2006 to protect workers' rights.
Strikes are illegal if they do not arise from a collective labor
dispute or if they concern issues that are outside of labor relations.
Before a legal strike can be held, workers must take their claims
through a process involving a conciliation council (or a district level
labor conciliator where no union is present); if no resolution is
obtained, the claims must be submitted to a provincial arbitration
council. Unions (or workers' representatives where no union is present)
have the right either to appeal decisions of provincial arbitration
councils to provincial people's courts or to go on strike. Individual
workers may take cases directly to the people's court system, but in
most cases they may do so only after conciliation has been attempted
and has failed. The amendment also stipulates that workers on strike
will not be paid wages while they are not at work.
The labor code prohibits strikes in 54 occupational sectors and
businesses that serve the public or that the Government considers
essential to the national economy and defense. A decree defines these
enterprises as those involved in electricity production; post and
telecommunications; railway, maritime, and air transportation; banking;
public works; and the oil and gas industry. The law also grants the
prime minister the right to suspend a strike considered detrimental to
the national economy or public safety.
On January 30, the Government issued a decree on ``wildcat''
strikes, declaring that individuals participating in strikes declared
illegal by a people's court and found to have caused damage to their
employer are liable for damages.
Most strikes typically did not follow the authorized conciliation
and arbitration process and thus were considered illegal ``wildcat''
strikes. The number of such strikes increased substantially during the
year, with more than 90 percent occurring in Ho Chi Minh City and
surrounding provinces. While illegal under the law, the Government
tolerated these strikes and took no action against the strikers. The
law prohibits retribution against strikers, and there were no reports
of retribution. In some cases the Government disciplined employers for
the illegal practices that led to strikes, especially with foreign-
owned companies.
b. The Right to Organize and Bargain Collectively.--By law the
provincial or metropolitan branch of the VGCL is responsible for
organizing a union within six months of the establishment of any new
enterprise, and management is required to cooperate with the union. In
actuality only 85 percent of state owned enterprises, 60 percent of
foreign invested enterprises, and 30 percent of private enterprises
were unionized.
The labor code requires enterprises to facilitate employee efforts
to join a union and prohibits antiunion discrimination on the part of
employers against employees who seek to join a union, but enforcement
was uneven.
The law provides VGCL affiliated unions the right to bargain
collectively on behalf of workers. Collective labor disputes over
rights must be routed through a conciliation council and, if the
council cannot resolve the issue, to the chairperson of the district
level people's committee. Amendments made to the labor law in July
divide such disputes into those over rights (compliance with the law)
and those over interests (demands beyond what the law provides),
setting out different procedures for both. The law stipulates an
extensive process of mediation and arbitration that must be followed
before a strike may take place.
While the law does not allow for independent unions, a 2007
revision states that the negotiation of disputes can be led and
organized by ``relevant entities,'' which may be composed of worker
representatives, when the enterprise in question does not have a union.
While the law allows for ``union activities,'' especially during
emergency situations such as a strike, the VGCL is required to
establish an official VGCL union within six months. There was little
evidence that leaders or organizations active during this six-month
window continued to be active or recognized afterwards.
There are no special laws or exemptions from regular labor laws in
export processing zones and industrial zones. There was anecdotal
evidence that the Government enforced the laws more actively in the
zones than outside them. However, there were credible reports that
employers in the zones tended to ignore worker rights and to use short-
term contracts to avoid the legal requirement to set up a union.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced and compulsory labor, including by children; however, there were
reports that such practices occurred.
Prisoners routinely were required to work for little or no pay.
They produced food and other goods used directly in prisons or sold on
local markets, reportedly to purchase items for their personal use.
Amid the export labor industry's rapid growth, media articles and
international human rights groups cautioned the Government against
building up the industry without also providing robust worker
protections. They noted the increasing number of workers who were
charged as much as 165 million VND (approximately $10,000) for the
opportunity to work abroad, fees that most workers typically could
recover only after one to two years abroad. Reports of bonded labor,
related sex trafficking, and the lack of resources available to workers
in distress, which implied complicity by some labor brokers licensed by
the Government, subsequently emerged. The Government's 2007 decision to
regulate labor brokerage fees, in conjunction with the 2006 Export
Labor Law, which went into effect in July 2007, were designed to
alleviate this situation and to assist and provide recourse to victims
of labor-based trafficking. While the justice system continued to be
deficient in providing significant recourse to labor trafficking
victims, the Government began to take steps against deceptive labor
export companies, and in June it revoked the licenses of 16 labor
export companies for violating the law.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor remained a problem, particularly in rural areas, where 72
percent of the population resided. The law prohibits most child labor
but allows exceptions for certain types of work. The law sets the
minimum age for employment at 18, but enterprises may hire children
between 15 and 18 if the firm obtains permission from parents and
MOLISA. In 2006 MOLISA reported that approximately 30 percent of
children between the ages of six and 17 participated in some economic
activity, usually on family farms or in family businesses not within
the scope of the law.
By law an employer must ensure that workers under 18 do not
undertake hazardous work or work that would harm their physical or
mental development. Prohibited occupations are specified in the law.
The law permits children to register at trade training centers, a form
of vocational training, from the age of 13. Children may work a maximum
of seven hours per day and 42 hours per week and must receive special
health care.
In rural areas children worked primarily on family farms and in
other agricultural activities and household responsibilities. In some
cases they began work as young as age six and were expected to do the
work of adults by the time they were 15. Especially during harvest and
planting seasons, some parents did not permit children to attend
school. In urban areas children worked in family owned small businesses
or on the street shining shoes or selling articles such as lottery
tickets and newspapers. Migration from rural to urban settings
exacerbated the child labor problem, because unauthorized migrants were
unable to register their households in urban areas. Consequently, their
children could not attend public schools, and families had less access
to credit. Officials stated that juveniles in education and nourishment
centers, which functioned much as reform schools or juvenile detention
centers, were commonly assigned work for ``educational purposes.''
MOLISA is responsible for enforcing child labor laws and policies.
Government officials may fine and, in cases of criminal code
violations, prosecute employers who violate child labor laws. While the
Government committed insufficient resources to enforce effectively laws
providing for children's safety, especially for children working in
mines and as domestic servants, it detected some cases of child
exploitation, removed the children from the exploitative situations,
and fined the employers.
International donor assistance targeted the problem of child labor.
The Government also continued programs to eliminate persistent child
labor, with a particular focus on needy families and orphans.
e. Acceptable Conditions of Work.--The law requires the Government
to set a minimum wage, which is adjusted for inflation and other
economic changes. The official monthly minimum wage for unskilled
laborers at foreign investment joint ventures and foreign and
international organizations was one million VND (approximately $61) in
the urban districts of Hanoi and Ho Chi Minh City; 900,000 VND ($55) in
the suburban districts of Hanoi, Ho Chi Minh City, and several other
industrial districts and towns; and 800,000 VND ($48) elsewhere in the
country. The Government may temporarily exempt certain joint ventures
from paying the minimum wage during the first months of an enterprise's
operations or if the enterprise is located in a very remote area, but
the minimum monthly wage in these cases can be no lower than 800,000
VND ($48). The official monthly minimum wage for unskilled labor in the
state sector was approximately 540,000 VND ($34). For employees working
for national companies, on farms, or in family households, the official
minimum wage was approximately 620,000 VND ($38) in urban areas and
540,000 VND ($34) for rural areas. This amount was inadequate to
provide a worker and family a decent standard of living, especially
with high inflation during the year.
The Government set the workweek for government employees and
employees of companies in the state sector at 40 hours, and it
encouraged the private business sector and foreign and international
organizations that employed local workers to reduce the number of hours
in the workweek to 40 hours but did not make compliance mandatory.
The law sets normal working hours at eight hours per day, with a
mandatory 24 hour break each week. Additional hours require overtime
pay at one and one half times the regular wage, two times the regular
wage for weekdays off, and three times the regular wage for holidays
and paid leave days. The law limits compulsory overtime to four hours
per week and 200 hours per year but provides for an exception in
special cases, where this maximum can be up to 300 overtime hours
worked annually, subject to stipulation by the Government after
consulting with VGCL and employer representatives. The law also
prescribes annual leave with full pay for various types of work. It was
unclear how strictly the Government enforced these provisions.
By law a female employee who is engaged to be married, pregnant, on
maternity leave, or caring for a child under one year of age cannot be
dismissed unless the enterprise closes. Female employees who are at
least seven months' pregnant or are caring for a child under one year
of age cannot be compelled to work overtime, at night, or in locations
distant from their homes. It was not clear how well the law was
enforced.
The law requires the Government to promulgate rules and regulations
that ensure worker safety. MOLISA, in coordination with local people's
committees and labor unions, is charged with enforcing the regulations,
but enforcement was inadequate because of low funding and a shortage of
trained enforcement personnel. On the job injuries due to poor health
and safety conditions in the workplace were a problem. The greatest
number of occupational injuries was caused by machinery such as rolling
mills and presses.
The law provides that workers may remove themselves from hazardous
conditions without risking loss of employment; however, it was unclear
how well this stipulation was enforced. MOLISA stated that there were
no worker complaints of employers failing to abide by the law.
According to a July survey by MOLISA on working conditions in
small- and medium-sized enterprises, up to 80 percent did not meet
minimal work safety requirements, 8 percent had working conditions
described as considerably poor, and 90 percent used obsolete machines
and equipment. Employees typically worked in hazardous working
environments--31 percent worked in very hot conditions, 24 percent in
excessively noisy conditions, and 17 percent in places with high levels
of dust.
__________
EUROPE AND EURASIA
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ALBANIA
The Republic of Albania is a parliamentary democracy with a
population of approximately 3.6 million. Legislative authority is
vested in the unicameral People's Assembly (parliament), which elects
both the prime minister and the president. The prime minister heads the
Government, while the presidency is a largely ceremonial position with
limited executive power. On April 24, the parliament amended the
constitutional provision that defines the Albanian electoral system,
changing it from a mixed majoritarian-proportional system to a
regional-proportional system. On December 29, the parliament passed
reforms to the electoral code. The reforms establish the legal
framework for the June 2009 general elections. Civilian authorities
maintained effective control over the country's security forces.
While the Government generally respected the human rights of its
citizens, there were problems in some areas. During the year the
Government attempted to assert greater control over independent
institutions such as the judiciary, the Office of the Prosecutor
General, and the media. The Government interfered in the ongoing
investigation into the March 15 Gerdec arms depot explosion. Security
forces abused prisoners and detainees and prison and pretrial detention
conditions remained poor. Police corruption and impunity continued, as
did discrimination against women, children, and minorities. While some
progress was made toward combating human trafficking, it remained a
problem.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
On April 4, Human Rights Watch wrote to the governments of Kosovo
and Albania requesting that the governments investigate alleged organ
trafficking of civilians from Kosovo to Albania during the 1999 Kosovo
conflict. Both governments rejected the allegations. In 2004
allegations first arose that in 1999 traffickers kidnapped civilians
from Kosovo and brought them to Albania, where some were killed and
their organs sold. At that time, the United Nations Mission in Kosovo
and the International Criminal Tribunal for the Former Yugoslavia
conducted preliminary investigations into the matter, which resulted in
no further action. Albanian authorities stated that they cooperated in
that investigation. In July the Council of Europe (COE) appointed a
special investigator to report on the allegations. In October Albanian
prosecutors met with their Serbian counterparts in Tirana to discuss
the issue. They were unable to agree on joint next steps.
Societal killings continued during the year, resulting from
vigilante action (including both generational ``blood feud'' killings
and revenge killings), criminal gangs, and organized crime.
Statistics varied on blood feud activity. According to the Interior
Ministry, there were four blood feud related killings, out of a total
of 85 murders during the year, a decrease from previous years.
According to the Ministry of the Interior, this is the lowest number in
18 years. Police restarted investigations in some older cases, and
uncovered the perpetrators of 81 murder cases from previous years.
Nongovernmental organizations (NGOs) cited higher levels of blood feud
activity and numbers of families effectively imprisoned in their homes
out of fear of blood feud reprisals. The tradition of blood feuds stems
from a traditional code of honor that is followed in only a few
isolated communities. In 2007 the parliament amended the criminal code
to criminalize blood feuds and make them punishable by a three-year
sentence. The Court of Serious Crimes tried blood feud cases. The law
punishes premeditated murder, when committed for revenge or a blood
feud, with 20 years' or life imprisonment.
b. Disappearance.--There were no reports of politically motivated
disappearances.
On May 16, the Tirana Serious Crimes Court resumed the trial of
four men accused in the 1995 disappearance of Remzi Hoxha, an ethnic-
Albanian Macedonian businessman. Authorities accused the head of the
country's General Directorate of Taxes, Arben Sefgjini, who previously
served as the head of the National Intelligence Service (SHISH), and
three of his former SHISH colleagues, Budion Mece, Avni Kolladashi, and
Ilir Kumbaro, of kidnapping and torturing Hoxha and two other Albanian
citizens. The trial was ongoing at year's end.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such actions; however,
the police and prison guards sometimes beat and abused suspects and
detainees. The Albanian Helsinki Committee (AHC) and the Albanian Human
Rights Group (AHRG) reported that police sometimes used excessive force
or inhuman treatment. According to the AHRG, police more often
mistreated suspects at the time of arrest or initial detention. Roma,
Balkan Egyptians, and homosexuals were particularly vulnerable to
police abuse.
During the year three new penitentiary centers became fully
functional. The General Directorate of Prisons began implementing
procedures to move elderly and ailing inmates to a special prison in
Kruje, with a capacity of an estimated 196 persons. The directorate
opened special section for minors in Kavaje with an initial capacity of
80 inmates. These measures followed a March 2007 report by the COE's
Committee for the Prevention of Torture that detailed widespread
inhuman treatment and physical abuse of prisoners and detainees.
As in past years, the police sometimes used threats, violence, and
torture to extract confessions.
Prison and Detention Center Conditions.--Prison conditions did not
meet international standards. The Government allowed local and
international human rights groups, the media, and others to conduct
independent monitoring of prison conditions. In March the parliament
amended existing legislation to appoint an ombudsman responsible for
implementing the National Mechanism for Torture Prevention.
Following a surprise inspection of a police pretrial detention
facility in Vlore on March 3, the AHC harshly criticized the facility
for poor conditions. The AHC further found that seven detainees had
been in detention for 15 days, well beyond the 4-hour limit for
pretrial detention.
In April the ombudsman inspected the Tirana Commissariat 3
detention facilities and found that they were holding a minor together
with adult detainees. Further examination concluded that authorities
stopped, questioned, and detained the minor without the presence of a
lawyer, a social worker, or his parents in clear violation of the
provision of the penal procedure code. The ombudsman found similar
problems during several inspections within the year in most pretrial
detention centers in Tirana and in others across the country.
In June the ombudsman found that the inmates at the prison of
Burrel suffered substantial psychological and physical abuse. Following
the escape of two inmates, Burrel prison guards began performing
regular night-time inspections. The inspections oftentimes involved
acts of violence, intimidation, and psychological abuse. Authorities
also denied inmates the right to place free telephone calls to the
Office of the Ombudsman. In two cases at the Burrel prison, the
ombudsman concluded that prison guards used violence and other inhumane
measures to degrade and abuse prisoners.
The Ministry of Justice operated all prisons and pretrial detention
facilities. During the year the AHC observed a slight improvement in
conditions and treatment of prisoners, while problems of overcrowding,
bad infrastructure, and unsanitary conditions persisted. In the Vichar
prison, north of Tirana, there were reports that minors were housed
together with adults.
The Government permitted international human rights observers and
domestic human rights monitors to visit both pretrial detention centers
and prisons.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, there were some
reports that police occasionally arbitrarily arrested and detained
persons.
Role of the Police and Security Apparatus.--Local police units
reported to the Interior Ministry and were the main force responsible
for internal security. The military has a special 90-person commando
unit that operates in an antiterrorist role under the defense minister.
The law allows the interior minister to request authority over this
unit during a domestic crisis. The State Intelligence Service is
responsible for both internal and external intelligence gathering and
counterintelligence.
The overall performance of law enforcement remained weak.
Unprofessional behavior and corruption remained major impediments to
the development of an effective civilian police force. The Ministry of
Interior started a new recruiting system with standardized procedures.
In combination with the new system of police ranks, authorities expect
this to improve the overall performance of the police.
However, low salaries and widespread corruption throughout society
made police corruption difficult to combat. The Government prosecuted
corrupt officials and managed complaints regarding corrupt police
through the ombudsman.
During the year the Ministry of Interior reported that it dealt
with 68 corruption cases and 276 cases of general misdemeanors and
abuses by public administration employees. A total of 153 government
officials were investigated (including police officers), and 72 were
arrested.
During the year the ombudsman received 154 general complaints from
citizens against the police mainly on arrest and detention. At year's
end 118 complaints had been processed and the ombudsman concluded 26 in
favor of the complaining citizen. These included 17 complaints of
physical mistreatment. Only one complaint was found valid, and
recommendations were issued for disciplinary measure for three police
officers of Commissariat 1 in Tirana.
Arrest and Detention.--By law a police officer or prosecutor may
order a suspect into custody. The constitution requires that
authorities inform detained persons immediately of the charges against
them and of their rights, and that police notify the prosecutor
immediately after they detain a suspect. Police generally followed
these requirements. Within 48 hours of the arrest or detention, a
suspect must appear before a judge; however, authorities often did not
respect this right. The judge has an additional 48 hours to determine
whether the suspect should remain in detention.
A court may order detention in particularly serious cases that
could pose a danger to society. Alternatively, authorities may place a
suspect under house arrest. A judge may require bail if he believes
that the accused may not appear for trial.
Courts must provide legal counsel free of charge for indigent
defendants; however, defendants generally did not know of this right,
and police often failed to inform suspects of it. Access to legal
information remained difficult for citizens; however, for the minority
with Internet access, individuals could access virtually all laws
online free of charge, and several NGOs provided free legal advice for
those in need. During the year the AHC established a clinic to provide
free legal advice and advocacy services for the indigent; however NGOs
described these free legal services as inadequate, corrupt, and at
times lacking in professionalism.
The law requires completion of pretrial investigations within three
months for lesser crimes and within 12 months for more serious cases;
however, a prosecutor may extend this period by three-month increments
in difficult cases. While the law provides that the maximum length of
pretrial detention should not exceed two years, lengthy pretrial
detention often occurred as a result of delayed investigations, defense
mistakes, or the failure of defense counsel to appear.
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.
On December 22, the parliament passed a controversial
``lustration'' law, which is expected to allow for the dismissal from
public office of a wide range of officials who participated in
``political processes'' while serving in higher-level government
positions under the communist regime, including judges, and
prosecutors, and law enforcement officers. The vague wording of the law
gives the Government wide discretion in determining what ``political
processes'' means, thereby allowing it considerable latitude in
determining if an official should be dismissed from duty. International
observers, including the OSCE and COE, sharply criticized the law and
expressed concern that the law would allow the Government to assert
undue political control over the judiciary, undermine due process, and
circumvent constitutional protections provided to judges, members of
parliament, and prosecutors. Furthermore, the law states that persons
subject to the law cannot participate in its judicial examination. This
places the court in direct conflict with the executive, as several
members of the court were reported to fall within the scope of the law.
The judicial system is composed of District Courts, the serious
crimes court, military courts, and appellate courts. There are both a
High Court and Constitutional Court. The High Court hears appeals from
the appellate courts which hear cases on appeal from the District
Courts. The Constitutional Court primarily reviews those cases
involving constitutional interpretation and conflicts between branches
of government and cases of individuals alleging denial of due process.
The president heads the High Council of Justice, which has
authority to appoint, discipline, and dismiss district and appeals
court judges. Judges dismissed by the High Council have the right to
appeal to the High Court. The High Council includes the Justice
Minister, the head of the High Court, nine judges selected by the
National Judicial Conference, and three members selected by the
parliament.
As in past years, police, prosecutors, and the judiciary continued
to blame each other for failures that allowed criminals to avoid
imprisonment. In May 2007 the prosecutor general, minister of interior,
minister of finance, and the director of SHISH signed a Memorandum of
Cooperation to form the Joint Investigative Unit to Fight Economic
Crime and Corruption (JIU) to improve investigation and prosecution of
public corruption and other financial crimes. The JIU uses a team
structure to concentrate capacity and foster communication necessary
for effective investigations and prosecutions. Since its inception in
2007, the JIU opened 224 cases and has successfully convicted the
deputy minister of transportation and the general secretary of the
Ministry of Labor on corruption charges. Other high-profile cases
include the arrest of several prominent physicians for accepting bribes
to provide medical services, the arrest of a prosecutor for agreeing to
bribe a judge for the reduction of a defendant's sentence, and the
extensive investigation and arrest of 17 defendants in a wide-ranging
ATM fraud scheme.
Due to its success, the JIU now receives direct referrals from
citizens. Furthermore, the JIU was recognized on September 23 by
Transparency International (TI) in its 2008 Corruption Perception Index
where its rank jumped 20 places to 105. The TI report specifically
singled out the JIU stating that an official task force created to
fight corruption and economic crime has increased the number of
officials prosecuted and sentenced for corruption, also building
confidence among the public that corruption can be punished in Albania.
Due to the success of the JIU, the Government, with funding from the
U.S. Millennium Challenge Corporation, is expected to create six
regional JIUs.
Trial Procedures.--The constitution and law provide for the right
to a speedy trial; however, limited material resources, lack of space,
and insufficient and overworked staff prevented the court system from
adjudicating cases in a timely fashion. Long case backlogs sometimes
resulted in suspects being detained for longer than legal limits. The
trial system does not provide for jury trials. Prosecutors and defense
lawyers present cases to a judge or panel of judges, depending on the
severity of the charges, and defendants have the right to all evidence
that prosecutors present to the judges. Defendants, witnesses, and
others who do not speak Albanian have a right to interpretation
services. Defendants have the right to appeal decisions within 10 days.
The law presumes defendants innocent until convicted.
On February 28, the ombudsman recommended that the Ministry of
Justice create a reeducation institution for minors under the age of
14. The law mandates an alternative sentence system for juveniles.
During the year the Ministry of Justice continued setting up
special court divisions for minors, establishing them at the courts in
the main cities of Tirana, Durres, Shkoder, Vlore, Korce, and
Gjirokaster.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedure and Remedies.--The bailiff's office, which
is part of the Justice Ministry, ensures that authorities enforce civil
judgments. Authorities did not enforce many civil judgments,
particularly property settlement cases, because of strong social or
political ramifications.
Property Restitution.--The restitution of property confiscated
during the communist regime remained a significant problem. The annual
ombudsman's report noted that during the year, it examined a total of
223 complaints related to decisions of the courts, many related to
property issues. However, the ombudsman determined these requests as
beyond its legal jurisdiction. This gap still exists in spite of the
ombudsman's repeated requests to the parliament suggesting amendments
to the existing Criminal Procedure Code and the Civil Procedure Code to
give it the authority to process these cases.
Authorities did not enforce many property settlement cases because
of strong social or political ramifications.
According to the director of the Agency for the Return and
Compensation of Property, the country budgeted approximately one
billion lek in 2007-08 (approximately $10.3 million) for property
compensation. Associations of former landowners estimate that the total
cost to compensate owners across the country to be 342 billion lek
(approximately $3.5 billion). Until the end of the year, no funds were
disbursed for this purpose.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions. Unlike
in previous years, the Government respected these prohibitions in
practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and while the Government
generally respected these rights, there were reports that the
Government and businesses exerted indirect pressure on the media. While
the media were active and largely unrestrained, there were serious
problems with the use of the media for political purposes. On several
occasions during the year, senior officials launched serious verbal
attacks against media outlets, accusing them of ties to the mafia and
criminal networks. Senior officials accused other journalists who
exposed alleged wrongdoing by public officials of having personal
financial interests. In spite of questionable political purposes, the
investigative role of the media increased. Journalists regularly
practiced self-censorship.
In general individuals could criticize the Government publicly or
privately without reprisal; while there were no publicized attempts by
the Government to stifle criticism by individuals, there were cases of
indirect pressure on the media.
Politicization of the media remained a concern. Outlets were
divided along political lines and, toward the end of the year,
politicization increased with the approaching 2009 parliamentary
elections. Publishers and newspaper owners continued to dictate news
stories to serve their political and economic interests and sometimes
blocked stories that ran counter to those interests. There was little
transparency in the financing of the media.
At times political pressure, limited professionalism, and lack of
finances constrained the independent print media. Political parties,
trade unions, and various groups published their own newspapers or
magazines independent of government influence. An estimated 200
publications were available, including daily and weekly newspapers,
magazines, newsletters, and pamphlets.
According to official data, the country had 64 private television
stations and 44 private radio stations, but the actual number was
reportedly larger. While 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.
The public Albanian Radio and Television (RTSH) operated a national
television channel and a national radio station. In spite of a slight
improvement in the station's performance during the year, RTSH's
professionalism was put into question by its biased pro-government
coverage and its lack of any form of investigative journalism. The
station's performance was also hindered by the lack of modern
technology. By law the Government provides 50 percent of the station's
budget via a citizens' tax; however, even with this resource, the
national broadcaster had limited ability to compete with private
stations.
On September 2, the National Council on Radio and Television (NCRT)
fined television station News 24 800,000 lek (approximately $9,300) and
twice gave a warning of intent to fine television station Vizion plus
for broadcasting an advertisement that violated the legal prohibition
on advertising by political groups outside of legally defined campaign
periods. The NCRT claimed that a politically oriented NGO, G-99, paid
for the advertisement that the Government criticized. The television
stations and G-99 asserted that G-99's status as an NGO meant that the
election laws did not apply to the advertisement and criticized the
NCRT fines as an attempt to stifle criticism of the Government. The AHC
advised the NCRT to annul the fine as unfounded based on the law. News
24 took the case to court and it was ongoing at year's end. The NCRT is
also accused of strict control over broadcast licensing, issuing only
to those entities that favor the Government.
Various forms of media intimidation continued. Journalists
continued to complain that publishers and editors censored their work
either directly or indirectly in response to political and commercial
pressures. Many journalists complained that their lack of employment
contracts frequently hindered their ability to report objectively.
On March 10, Tom Doshi, a member of parliament, physically
assaulted investigative journalist Besar Likmeta during a prearranged
meeting. Doshi verbally warned Likmeta, the Albania editor for the
online publication Balkan Insight, about investigating Doshi's alleged
corruption, then struck the journalist. Likmeta had written a series of
articles concerning forged diplomas in the country and subsequently
informed the Ministry of Education that Doshi had not earned the
university degree listed on the official parliamentary Web site. A
witness and fellow member of parliament denied the event occurred and
later the journalist dropped the charges. Likmeta claimed he dropped
the charges due to fear of harm to family members.
On September 3, the Government renewed its demand that Top Channel
Television be evicted from a state-owned office building. The station
has a 20-year lease contract with the Government for the premises. Top
Channel, a leading television station that had been critical of the
Government, had appealed a 2006 Council of Ministers resolution to
evict it from the office building located in central Tirana; that case
was pending at year's end.
On December 11, the Ministry of the Interior issued an order to the
Ministry of Economy to break a 20-year lease with the newspaper Tema, a
paper that had been critical of the ruling party, on ``national
security'' grounds. The Ministry of Interior claimed that Tema's
offices were too close to the building that is expected to produce ID
cards for the 2009 election.
The law punishes libel with a prison sentence of up to two years
and a fine. During the year there were no libel suits against
reporters. Members of the media claimed when the prime minster took
office in 2005, he made a verbal order that there will be no libel
suits by government officials against reporters that was, in fact,
exploited to ignore charges of wrongdoing and corruption by media
outlets against the Government and its senior officials. A legal
amendment to make libel a civil offense, submitted to the parliament in
2006, had not been addressed by year's end.
On November 7, authorities summoned journalist Lorenc Vangjeli of
weekly MAPO for questioning regarding published details of ongoing
investigations into the March 15 incident at Gerdec. Authorities
accused Vangjeli of releasing information in an ongoing investigation.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by electronic
mail. Access to the Internet increased during the year, but remained
limited, particularly outside major urban areas. An estimated less than
1 percent of the population had regular access to the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events; however,
government control over academic appointments and a culture of
corruption in the education system undermined academic freedom.
Officials sometimes required bribes from students in order for them to
matriculate or to pass examinations.
The minister of education appoints university officials. University
rectors claimed that the change from the previous system, where the
faculty and student body had elected these officials, permitted
government control over the university's management, including
interfering with academic appointments.
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 organizers of gatherings in public places to notify police
three days in advance; there were no reports that police denied such
gatherings arbitrarily.
Unlike in previous years, there were no reports that police
mistreated protesters.
Freedom of Association.--The constitution and law provide for the
right of association, and the Government generally respected this
right; however, the law prohibits the formation of any political party
or organization that is nontransparent or secretive. There were no
reports that the Government used this provision against any group
during the year.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion and the Government generally respected this right.
The predominant religious communities, Sunni Muslim, Bektashi
Muslim, Orthodox, and Roman Catholic, enjoyed a greater degree of
official recognition (for example, national holidays) and social status
than some other religious groups. The Government does not require
registration or licensing of religious groups.
As in previous years, the Government continued to consider requests
from all religious organizations to make restitution for religious
properties and objects that the former communist government confiscated
or damaged. The Government signed an agreement with several religious
communities to facilitate property restitution and was considering
these cases at year's end.
Societal Abuses and Discrimination.--There were reportedly fewer
than 100 Jews living in the country; there were no known synagogues or
community centers functioning in the country, and no reports of anti-
Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Internal migrants must transfer their civil registration to their
new community in order to receive government services, and must prove
they are legally domiciled either through property ownership, a
property rental agreement, or utility bills. Many persons cannot
provide this proof and thus lack access to essential services. Other
citizens lacked formal registration in the communities in which they
resided, particularly Roma and Balkan Egyptians.
During the year work continued on a civil registry, to be followed
by issuance of national ID cards and biometric passports.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government established a system for providing protection to refugees.
In practice the Government provided protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened. Under the law, requests for asylum must be made within 10
days of arrival on the country's soil, and the Government must make the
decision about granting asylum within 51 days of the initial request.
The Government actively cooperates with the UNHCR and the Refugee and
Migrants Services Albania (RMSA), which provide assistance to refugees.
The Government provided temporary protection to individuals as
refugees under the 1951 convention or the 1967 protocol and provided it
to 63 persons during the year.
Together with international organizations, the Government, through
the European Union's Community Assistance for Reconstruction,
Development, and Stabilization program, prescreened undocumented
migrants at all border crossing points. Under the program, an NGO and
government team assisted border police in identifying undocumented
migrants who were potential victims of trafficking, asylum seekers, or
economic migrants.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic elections held on the basis of universal suffrage.
Elections and Political Participation.--The most recent
parliamentary elections were held in 2005. Election observers from the
Organization for Security and Cooperation in Europe (OSCE) declared
that the elections only partly met international standards. Family and
proxy voting continued to be problems. In July 2007 the parliament
elected Bamir Topi president in accordance with constitutional
guidelines.
Political parties operated without restriction or outside
interference.
Overall, women were poorly represented at the national and local
levels of government, despite commitments by the major political
parties to increase female representation. There were nine women in the
140-seat People's Assembly, including the speaker, and two women on the
Council of Ministers. Many parties introduced internal party quotas for
women; however, post-election re-rankings diminished the effect of
these rules.
Several members of the Greek minority served in both the People's
Assembly and in the executive branch in ministerial and subministerial
positions, including as the minister of labor. No other ethnic
minorities were represented in the parliament or on the Council of
Ministers.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption. Despite several arrests of high-
level local and central government officials, corruption remained a
major obstacle to meaningful reform and a serious problem.
On December 13, the Supreme Court appointed a five judge panel to
review the prosecution's November 27 indictment of Foreign Minister
Lulzim Basha for irregularities in the country's largest public works
project, the Durres-Kukes Highway. The parliament lifted Basha's
immunity in December 2007. The case was pending at year's end.
On June 16, the parliament lifted the immunity of former minister
of defense Fatmir Mediu, who resigned his office on March 17 in
connection with the investigation into an explosion at a
demilitarization warehouse in Gerdec that resulted in the deaths of 26
persons. The Office of Prosecutor General was investigating the
responsibility for the explosion at year's end; some international and
Albanian media groups alleged the prime minister's office had tried to
hinder that and other investigations.
On October 10, investigators from the Ministry of Justice attempted
to seize the case files of suspected money launderer Damir Fazlic, a
Bosnian-Serb businessman. On October 11, the Ministry of the Interior
stated it would sue two of the prosecutors involved in trying to summon
Fazlic for questioning, claiming that the summons was illegal. Fazlic,
accused of money laundering in Albania, was summoned by the Prosecutor
General's office on October 8 for questioning while on a visit to
Albania; however, he managed to leave the country before he could be
questioned. Legal experts characterized the Ministry of the Interior's
threat to sue prosecutors as blatant attempts to intimidate the Office
of the Prosecutor General into dropping the case against Fazlic, who
was alleged to have links to high-ranking government officials.
In May after a request for expedited adjudication, a Tirana court
concluded the case of six high-level government employees, including
the deputy minister of public works, general director of roads, and
director of procurement who were arrested in September 2007 for
corruption relating to their involvement in a bribery scheme for
construction tenders. The court sentenced the men to prison and fined
five officials and two businessmen. Almost all were freed within the
year as the prison sentences were already exhausted during detention
while the trial was ongoing.
Also in May the Tirana court sentenced two senior government
officials of the Ministry of Labor, Spartak Gjini and Llambi Tarka, to
two and a half years in prison and in addition the owner of the Siret
Construction Company, Fiqiri Pali, to one year in prison for an illegal
construction tender, and for forcing other companies to withdraw from
the competition for reconstruction of the ministry's building. The
court also fined the individuals.
During the year the Government's anticorruption task force against
organized crime continued to coordinate anticorruption activities. The
task force is a coordinating body, headed by the prime minister, which
includes several ministers and heads of independent state-owned
agencies, such as the public electricity company, and representatives
of the police and intelligence organizations.
The law prohibits government ministers and their close family
members from owning a company that is directly tied to their official
responsibilities. Since its conception in 2003, the High Inspectorate
for the Declaration and Audit of Assets (HIDAA) received assets
declarations from 8,816 officials. Until November there were 363 new
officials that declared their assets for the first time. HIDAA
administers the conflict of interest regulations and reported
inspection of 3,894 asset declarations for the previous year.
Citizens and noncitizens, including foreign media, have the right
to obtain information about the activities of government bodies and
persons who exercise official state functions; however, citizens often
faced serious problems in obtaining information from public and
government institutions.
The law requires public officials to release all information and
official documents with the exception of classified documents and state
secrets. Most government ministries and agencies posted public
information directly on their Web sites. However, businesses and
citizens complained of a lack of transparency and the failure to
publish regulations or legislation that should be basic public
information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally cooperated and responded to their views.
The Government cooperated with international organizations, such as
the UNHCR and the International Organization for Migration, and did not
restrict their access.
The human rights ombudsman has the authority to monitor judicial
proceedings and inspect detention and prison facilities, and to
initiate cases where a victim is unwilling or unable to come forward.
Although the ombudsman lacked the power to enforce decisions, he acted
as a watchdog for human rights violations. The most common cases
included citizen complaints of police and military abuse of power, lack
of enforcement of court judgments in civil cases, wrongful dismissal,
and land disputes.
In many cases the Government took concrete steps to correct
problems in response to the findings of the ombudsman. Cooperation has
improved between the Ministry of Interior and the ombudsman including
an October conference between both sides, which focused on creating
more synergies between the two.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, ethnicity,
disability, language, or social status; however, discrimination against
women, Balkan Egyptians, Roma, and homosexuals persisted.
Women.--The criminal code penalizes rape, including spousal rape;
however, victims rarely reported spousal abuse nor did officials
prosecute spousal rape in practice. The concept of spousal rape was not
well established, and often neither authorities nor the public
considered 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 aged 14-18, the
term is five to 15 years and, for rape of a child under 14, seven to 15
years.
Domestic violence against women, including spousal abuse, remained
a serious problem. In November 2007 the OSCE noted that ``domestic
violence was under-reported, under-investigated, under-prosecuted, and
under-sentenced'' and that officials granted immunity to the
overwhelming majority of perpetrators. The Government has a department
of equal opportunities at the Ministry of Labor, Social Affairs and
Equal Opportunity that covers women's issues, including domestic
violence.
The Government did not fund specific programs to combat domestic
violence or assist victims, although non-profit organizations did.
Women to Women, a Swedish NGO, reported that there were approximately
six domestic violence hot lines that operated throughout the country.
The hot lines, serving mainly the northern part of the country received
approximately 24 calls per month from women reporting some form of
violence. Shtreheza, an NGO that operated two shelters for battered
women in Tirana, reported an increase in cases of domestic violence,
primarily due to increased awareness of services.
In many communities, particularly those in the northeast, women
were subject to societal discrimination as a result of traditional
social norms that considered women to be subordinate to men. Reporting
on the participation of women in the February 2007 local elections, the
OSCE's Office for Democratic Institutions and Human Rights election
observation mission noted that family voting was a problem in 30
percent of the voting centers visited on election day and that the
practice raised ``serious concern of the disenfranchisement of some
women and other family members affected by it.''
In 2006 the parliament, with the assistance of the Women's Legal
Rights Project, enacted an expansion of the law against domestic
violence, adding administrative penalties such as protection orders.
This law helped raise awareness of the issue and assistance available
for victims through the legal system and nonprofit organizations.
Implementation of the law is still in the nascent stages, and has been
sporadically enforced. The Government reported greater awareness of
this issue by the population, and 466 complaints were made by citizens
regarding domestic violence. Implementation of the restriction orders
started during the year with 340 requests for restrictions and 740
citizens placed under police protection. The Ministry of Interior
reported 17 murder cases in families occurred during the year.
The law prohibits prostitution; however, it remained a problem.
The law prohibits sexual harassment; however, officials rarely
enforced the law.
The law provides equal rights for men and women under family law,
property law, and in the judicial system. In practice cultural
traditions often favored men over women.
Neither the law nor practice excluded women from any occupation;
however, they were not well represented at the highest levels of their
fields. The law mandates equal pay for equal work; however, the
Government and employers did not fully implement this provision.
Children.--Domestic law codifies the Government's commitment to
children's rights and welfare; however, in practice the Government
showed a limited commitment.
In general, parents must register their children in the same
community where they registered. However, according to the CHRCA,
children born to internal migrants frequently had no birth certificates
or other legal documentation and, as a result, were unable to attend
school.
The law provides for nine years of free education and authorizes
private schools. School attendance is mandatory through the ninth grade
or until age 16, whichever comes first; however, in practice many
children left school earlier than the law allowed to work with their
families, particularly in rural areas. Parents had to purchase
supplies, books, school materials, and space heaters for some
classrooms, which was prohibitively expensive for many families. In
2007 World Vision Albania, which worked primarily in rural areas,
reported that rural girls faced additional pressure to leave school
because families did not see a value in high school education for
girls, and due to security concerns of girls commuting to high school
in a larger town. Many families also cited the high cost of school
books and uniforms as a reason for not sending girls to school.
According to 2007-08 Ministry of Education figures, secondary
school enrollment (ages 15-18) for both boys and girls was 96.7 percent
for public schools, while primary school attendance (ages 6-14) was
99.1 percent.
As in previous years, child abuse, including sexual abuse,
occasionally occurred, but victims rarely reported it. Trafficking of
girls for commercial sexual exploitation was a problem. Children were
also trafficked to Greece and Kosovo for begging and other forms of
child labor.
As in previous years, some children were unable to leave their
homes, including for school, due to fear of reprisal from blood feuds.
Figures on the numbers of affected children varied; the latest figures
of the Ministry of Interior indicate an estimated 20 children
permanently sequestered, while NGOs cite a figure as high as a few
hundred. According to the National Reconciliation Committee, nearly
1,000 children were deprived of schooling due to self-imprisonment. As
many as 182 children remained endangered by blood feuds involving their
families; 86 of these were in particularly dangerous circumstances.
Parents generally homeschooled these children. In September the
Government began offering home-based schooling to 52 children of the
self-imprisoned families in the district of Shkoder.
Child marriage remained a problem in many families in the Romani
community and typically occurred when children were 13-14.
Displaced and street children remained a problem, particularly Roma
children. Street children begged or did petty work; many migrated to
neighboring countries, particularly during the summer. These children
were at highest risk of internal trafficking and some became victims.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons and provides penalties for traffickers; however, individuals
and organized crime syndicates trafficked persons, particularly women
and children, from and within the country.
The country was a source country for trafficking of women and
children for the purposes of commercial sexual exploitation and forced
labor, although there has been a slow but steady decline in the number
of persons trafficked each year. Greece is the main country of
destination for trafficked women. Italy, Macedonia, and Kosovo were
also destinations, with many victims trafficked onward to Western
Europe. Traffickers largely used overland routes or falsified documents
to transport their victims by airplane or ferry. Police and shelter
representatives continued to report a trend of traffickers moving
females from villages and smaller towns to larger cities for forced
prostitution in hotels and private homes. During the year NGOs Terre
des Hommes (TdH) and Arsis provided assistance to Albanian children who
are suspected to be victims of trafficking-486 Albanian children were
assisted in Greece and 327 in Albania.
During the year the Government increased its investigations and
prosecutions for human trafficking offenses. By year's end police
referred 51 new trafficking cases to the General Prosecutor's Office,
which investigated 65 persons on trafficking charges. Authorities
referred 43 cases to the Serious Crimes Court; the court prosecuted 62,
of whom the court convicted 57 of trafficking. The court sentenced four
offenders to up to two years' imprisonment; 10 to between two and five
years' imprisonment; 26 to between five and 10 years' imprisonment; and
25 to over 10 years' imprisonment.
The Government provided limited services to trafficking victims,
operating a shelter near Tirana; however, it has not provided any
assistance to the four non-government shelters. On July 23, the
Government approved a new National Action Plan through 2008-10 to
specify government actions to provide services to victims of
trafficking; however, implementation was slow.
The Government made improvements to encourage implementation of its
National Referral Mechanism, which partnered the Government with local
civil society and international intergovernmental organizations to
provide a holistic approach to combating trafficking in persons,
although there continued to be problems. Due to increased police
training and a proactive approach towards identification, the number of
victims of trafficking that the Government officially identified was
slightly higher than the number of victims identified by NGO sources.
Although some discrepancies still existed, official identification and
referral improved markedly throughout the year. The establishment of a
database to manage and track cases contributed to this increase in
identification.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with disabilities; however, employers,
schools, health care providers, and other state services sometimes
discriminated against persons with disabilities. The law mandates that
builders of new public buildings make them accessible for 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.
The ombudsman's inspection of mental health institutions showed
that the hospitals were understaffed and poorly supplied, with
unacceptable hygienic and sanitary conditions and a lack of medical
supplies. The ombudsman, who conducted inspections in Elbasan, Shkoder,
and Vlore, recommended a major legal, organizational, and budgetary
review of the country's mental health care system.
The Government acknowledged that the admission and release of
patients from mental health institutions was a problem due to the lack
of sufficient financial resources to provide adequate psychiatric
evaluations.
The electoral code provides for wheelchair-accessible voting booths
and special accommodations for the blind that authorities made
available to citizens during the February 2007 elections.
National/Racial/Ethnic Minorities.--There were no reports of police
violence against members of minority groups, but there were reports of
societal discrimination. As visible minorities, members of the Romani
and Balkan Egyptian communities suffered significant societal abuse and
discrimination.
The law permits official minority status for national groups and
separately for ethnolinguistic groups. The Government defined Greeks,
Macedonians, and Montenegrins as national groups; Greeks constituted
the largest of these. The law defined Aromanians (Vlachs) and Roma as
ethnolinguistic minority groups.
Unlike in previous years, there were no reports of cases of central
government displacement of Roma.
The Government did not fund its National Roma Strategy, which
sought to improve the livelihood of the community. It did not have a
defined strategy for other minority or ethnolinguistic 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 on official documents and on
public signs in ethnic Greek areas; to ascertain the size of the ethnic
Greek population; or to include a higher number of ethnic Greeks in
public administration.
In September the Government charged Vasil Bollano, the ethnic Greek
mayor of Himara, with destruction of government property after he
ordered the removal of two million lek (approximately $23,000) worth of
new road signs in the Himara district. Bollano objected to the signs
because authorities posted them in Albanian and English but not Greek.
The law requires that road signs be posted in Albanian and English
only. Bollano was awaiting trial at year's end.
Other Societal Abuses and Discrimination.--The Government has not
taken any actions to protect the rights of homosexuals. As in previous
years, NGOs claimed that police targeted the homosexual community for
abuse.
The Albanian Human Rights Group reported that during the year,
police harassed members of the Albanian Gay and Lesbian Association and
other known homosexuals.
Section 6. Worker Rights
a. The Right of Association.--Workers had the right to form
independent unions and exercised this right in practice; however, the
law prohibits members of the military from joining unions.
Approximately 20 percent of the workforce belonged to unions.
The law provides that all workers, except civil servants, uniformed
military, police, and some court officials, have the right to strike,
and workers exercised this right in practice. The law prohibits strikes
that courts judge to be political. During the year, the ombudsman
received numerous complaints of unlawful dismissals of police officers
across the country.
b. The Right to Organize and Bargain Collectively.--Citizens in all
fields of civil employment have the constitutional right to organize
and bargain collectively, and the law establishes procedures for the
protection of workers' rights through collective bargaining agreements.
However, labor unions operated from a weak position. In practice unions
representing public sector employees negotiated directly with the
Government. Effective collective bargaining remained difficult, and
agreements were hard to enforce.
The law does not prohibit antiunion discrimination; however, there
were no reports of such discrimination.
There are no export processing zones.
Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, individuals
and organized crime syndicates trafficked women and children for sexual
exploitation and labor.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age of employment at 14 and regulates the amount
and type of labor that children under the age of 18 may perform.
Children between the ages of 14 and 16 may work legally in part-time
jobs during summer vacation; children between the ages of 16 and 18 can
work throughout the year in certain specified jobs. The law provides
for the Ministries of Labor, Social Affairs, and Equal Opportunity to
enforce minimum age requirements through the courts; however, there
were no reports that enforcement took place. Labor inspectors generally
only investigate the formal labor sector, whereas most child labor
occurs in the informal sector. The majority of factories inspected were
shoe and textile companies. More than 70 percent of the underage
workers were girls.
In January a new legal provision of the Penal Code was approved,
which categorizes ``exploitation of children for labor or forced
services'' as a penal crime.
In October the Government and the International Labor Organization,
represented by the International Labor Office on the Elimination of
Child Labor signed a memorandum of understanding stipulating their
cooperation for the upcoming five years.
In December the second phase of the Project ``Child Labor
Monitoring System in Albania'' was launched covering two more regions
of the country, Elbasan and Shkoder. The first phase covered the three
regions of Tirana, Berat, and Korce and resulted in 315 children that
were mainstream back into the educational services and pulled away from
the street, agriculture and factory work, or trafficking and illicit
activities. The Child Labor Unit at the Ministry of Labor is expected
to continue to manage this project and its approved Action Plan.
According to a 2007 CHRCA estimate, 50,000 children under the age
of 18 worked either full or part time. The CHRCA reported that the
majority of child laborers worked as street or shop vendors, beggars,
farmers or shepherds, drug runners, vehicle washers, textile factory
workers, or shoeshine boys. Some children worked as many as 16 hours a
day. In Tirana and other cities, children, mostly Roma, worked as
beggars or sold cigarettes and other items on the street; the police
generally ignored this practice. Children were trafficked for
commercial sexual exploitation.
On March 15, a massive explosion killed several illegally employed
children at a munitions dump in the town of Gerdec. The explosion
killed a total of 26 persons.
Child labor is prohibited, and the Government together with several
NGOs and international donors had some specific programs aimed at
preventing child labor.
e. Acceptable Conditions of Work.--The Government raised the
national minimum wage in July to 17,000 lek (approximately $186) per
month. However, it was not sufficient to provide a decent standard of
living for a worker and family. According to INSTAT, the average wage
for government workers was 31,850 lek ($370) per month. The Albanian
Institute of Statistics also reported that average monthly wages in the
public sector increased 9.1 percent from 2006-07.
The law establishes a 4-hour workweek; however, individual or
collective agreements typically set the actual workweek. Many persons
worked six days a week. The law requires payment of overtime and rest
periods; however, employers did not always observe these provisions in
practice. The Government had no standards for a minimum number of rest
periods per week, limits on the maximum number of hours worked per
week, or the amount of premium pay for overtime and did not prohibit
excessive compulsory overtime.
The Ministry of Labor, Social Affairs, and Equal Opportunity is
responsible for enforcing government occupational health and safety
standards and regulations; however, the Ministry generally did not
enforce regulations in practice. Workplace conditions were frequently
very poor and in some cases dangerous. During the year the media
reported a number of job-related deaths, particularly in the
construction and mining industries. The chromium mines of Bulqiza
continued to be among the most dangerous workplaces in Albania, with at
least 16 deaths reported to have happened from April 2007 to the end of
the year. During the year, miners at Bulqiza launched a hunger strike
in protest of the poor working conditions; the miners suspended the
strike to give the Government time to come up with proposals on how to
improve work conditions and to pass a special Miners' Status. The
Government had not made a proposal by year's end.
The law does not provide workers the right to remove themselves
from hazardous situations without jeopardy to their employment.
__________
ANDORRA
The Principality of Andorra is a constitutional parliamentary
democracy with a population of approximately 83,000. Two princes-the
president of France and the Spanish bishop of Seu d'Urgell-serve with
joint authority as heads of state, and a delegate represents each in
the country. Free and fair elections were held in 2005 for the 28 seats
in the General Council of the Valleys that selects the head of
government. Civilian authorities generally maintained effective control
of the security forces.
The Government generally respected the human rights of its
citizens, and the law and the judiciary provided effective means of
dealing with individual instances of abuse. However, prolonged pretrial
detention and violence against women and children were reported. The
Government did not grant refugee status or asylum, but from time to
time it has assisted refugees ``for humanitarian reasons.'' The law
does not protect the right of workers to form and join unions or
unions' right to bargain collectively and to strike.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
there were no reports that government officials employed them.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the Government permitted
visits by independent human rights observers.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--The country has no
defense force and depends on Spain and France for external defense.
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 police during the year.
Arrest and Detention.--Police may legally detain persons for 48
hours without charging them with a crime. Warrants are required for
arrest. The law does not provide individuals under arrest immediate
access to an attorney, but legislation provides for legal assistance
beginning 25 hours after arrest. There is a system of bail.
Lengthy pretrial detention was a problem, and the ombudsman has
criticized it. Foreigners represented 75 percent of those arrested and
awaiting trial, and their cases accounted for most of the lengthy
detention cases, primarily because in most such cases two or even three
countries may be involved. Pretrial detainees made up approximately 30
percent of the prison population.
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. Defendants and
attorneys have access to government-held evidence in their cases. An
attorney is provided at public expense if needed when a defendant faces
serious criminal charges. Defendants have the right to appeal.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The judiciary is
independent and impartial in civil matters, and plaintiffs can bring
lawsuits seeking damages for, or cessation of, a human rights
violation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice. 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. An
estimated 34 percent of citizens had broadband Internet connections.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for the freedoms of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice. Under the constitution, the Roman Catholic Church and the
state have a special relationship; one of the two constitutionally
designated princes of the country is bishop in the Spanish town of La
Seu d'Urgell. The Government pays the salaries of Catholic priests and
religion teachers, who teach the Roman Catholic religion in the public
schools as an optional course outside regular school hours.
Societal Abuses and Discrimination.--There were no reports of anti-
Semitic acts against the approximately 100-person Jewish community.
For a more detailed discussion see the 2008 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution 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 was committed to cooperate with the Office of
the UN High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing assistance to refugees, returning refugees,
asylum seekers, stateless persons, and other persons of concern.
The constitution and law prohibit forced exile, and the Government
did not employ it.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has not established a system for providing protection to
refugees. However, the Government has, from time to time, cooperated
with UNHCR and other organizations in assisting refugees ``for
humanitarian reasons.'' The most recent example was in 2006, when the
Government temporarily accepted five Eritrean immigrants who were part
of a group saved from a ship adrift in the Mediterranean Sea. In
practice, the country provided some protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens 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.--General Council elections
in 2005 were considered free and fair. Individuals and parties could
freely declare their candidacy and stand for election.
There were eight women in the 28-seat General Council and three
women in the nine-seat cabinet.
The country is ethnically and linguistically homogeneous; as a
consequence, there were no members of minorities in government.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, there were no reports of
government corruption during the year. Public officials are not subject
to financial disclosure laws. The chief of police is responsible for
combating corruption.
The law provides for public access to government information, and
the Government has permitted access in practice for citizens and non-
citizens, including foreign media.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no government restrictions on the ability of domestic
and international human rights groups to operate in the country, and to
investigate and publish their findings on human rights cases.
Government officials were generally responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law declare that all persons are equal before
the law and prohibit discrimination on grounds of birth, race, gender,
origin, opinions, or any other personal or social condition; however,
the law reserves a few rights and privileges exclusively for citizens.
Women.--The law prohibits rape, including spousal rape; rape is
punishable by up to 15 years' imprisonment. Authorities enforced the
law effectively.
According to the Ministry of Health, Welfare, and Family, there
were 135 reports of physical abuse against women during the year, a
small increase from 2007. Authorities reported that approximately 50
persons were prosecuted for violence against women. There is no
specific law prohibiting domestic violence, although other laws may be
applied in such cases. Victims of domestic violence could request help
from the Andorran International Women's Association (AIWA) and the
Andorran Women's Association (AWA), but victims rarely filed a
complaint with the police for fear of reprisal. The two associations
reported that some women complained about the treatment they received
from police when they filed a complaint. The Government did not have
any shelters, but it had a hot line and provided medical and
psychological services to victims of domestic violence. The Government
and AIWA placed abused women and their children in the private
apartments of people who agreed to provide shelter. Caritas, a
religious NGO, worked closely with the Government and AIWA on social
issues.
Prostitution is illegal and was not a problem.
The law does not prohibit sexual harassment; however, it was not
considered a problem.
The law prohibits discrimination against women privately or
professionally; however, the AWA reported that there were some cases of
women dismissed from employment due to pregnancy. Observers estimated
that women earned 35 percent less than men for comparable work; this
gap appeared to be decreasing slowly. A Sociological Research Center
report in 2006 indicated that 66 percent of top positions were occupied
by men.
Children.--The Government was committed to children's rights and
welfare.
Violence against children persisted. According to the Secretariat
of State for Social Welfare and Family, 109 minors were treated for
various forms of abuse during the year. In January a law criminalizing
child pornography was enacted by the Government.
Trafficking in Persons.--The law prohibits trafficking in persons
for labor exploitation, and there were no reports that persons were
trafficked to, from, or within the country. Slavery or forced labor is
punishable by a maximum of 12 years' imprisonment. There is no law that
specifically penalizes human trafficking for sexual exploitation, but
such cases could be prosecuted as trafficking for labor exploitation.
The Government agencies responsible for dealing with trafficking are
the Department of the Interior and the Department of Social Welfare.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or in the provision of other state services, and the
Government enforced it effectively. Nevertheless, societal
discrimination against persons with disabilities existed on a small
scale, in the form of social and cultural barriers. Persons with
disabilities also faced disadvantages in the labor market. The law
mandates access to public buildings for persons with disabilities, and
the Government generally enforced this provision. An association for
persons with disabilities operates in the principality.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination based on sexual orientation.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
The Government's elected ombudsman advised the Government in 2007
to follow World Health Organization recommendations concerning work and
residence permits for immigrants. According to the ombudsman, the
Government's denial of permits to persons with certain diseases,
including those infected with the HIV virus, could constitute a
violation of human rights.
Section 6. Worker Rights
a. The Right of Association.--The constitution recognizes that
workers have the right to form associations to defend their economic
and social interests, but the country has no specific laws to protect
this right. Workers were reluctant to admit to union membership,
fearing retaliation by their employers, and unions did not make their
membership numbers public. The law allows unions to conduct their
activities without interference; however, the Government lacked
mechanisms to protect this right in practice. The law does not
specifically provide for the right to strike, and no strikes were
conducted during the year. However, on May 1 (Labor Day), the
Government permitted workers to conduct a peaceful demonstration tied
to their demands that the Government approve a law to protect workers'
rights.
b. The Right to Organize and Bargain Collectively.--The law does
not provide specifically for collective bargaining, and it was not
practiced.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law does not
prohibit forced and compulsory labor, including by children; however,
there were no reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits children under the age of 18 from working, except in
limited circumstances when school is not in session. The labor
inspection office in the Ministry of Social Welfare, Public Health, and
Labor effectively enforced child labor regulations.
e. Acceptable Conditions of Work.--The national minimum wage of
7.18 euros (approximately $10.50) per hour and 897.87 euros ($1,250)
per month did not provide a decent standard of living for a worker and
family due to the high cost of living. Wages increased at a slower rate
than housing and lodging costs. The labor inspection office enforced
the minimum wage effectively.
The law limits the standard workweek to five eight-hour days.
Workers may work up to three overtime hours per day or 15 hours per
week (and 426 hours per year). The law provides for premium pay for
overtime. There is a required rest period every day.
The labor inspection service sets occupational health and safety
standards and effectively enforced them. During the year the labor
inspection service received more than 200 complaints against companies
for violating labor regulations, and had the authority to levy
sanctions and fines against such companies. Although the law authorizes
employees to refuse certain tasks if their employers do not provide the
necessary level of protection, it does not provide workers the right to
remove themselves from dangerous work situations without jeopardizing
their continued employment. The number of accidents at work has been
rising for a number of years; there were 4,980 accidents reported
during the year, compared to 4,626 in 2007.
__________
ARMENIA
Armenia is a constitutional republic with a population of
approximately 3.2 million. The constitution provides for an elected
president and a unicameral legislature (the National Assembly). The
country has a multiparty political system. On February 19, the country
held a presidential election that was significantly flawed; problems
included favorable treatment of the Government's candidate, instances
of ballot stuffing, vote buying, multiple voting, voter intimidation,
violence against election commission members and party proxies, and
misuse of public resources for electoral ends. On March 1-2,
authorities used force to disperse large crowds of demonstrators
protesting the conduct and results of the election; clashes between
protesters and security forces resulted in the deaths of 10 persons.
Authorities imposed a 20-day state of emergency following the violence.
On April 9, Serzh Sargsian of the Republican Party of Armenia (RPA) was
sworn in as president, replacing Robert Kocharian. Upon taking office,
President Sargsian appointed Tigran Sargsian (no relation) prime
minister. In the National Assembly, the RPA dominated a four-party
majority coalition. Civilian authorities generally maintained effective
control of the security forces, although some members of the security
forces committed human rights abuses with impunity while under the
direction of civilian leadership.
The Government's human rights record deteriorated significantly
during the year, with authorities and their agents committing numerous
human rights abuses, particularly in connection with the presidential
elections and the Government's suppression of demonstrations that
followed. Authorities denied citizens the right to change their
government freely and citizens were subject to arrest, detention, and
imprisonment for their political activities. Authorities used force, at
times lethal, to disperse political demonstrations. Authorities used
harassment and intrusive application of bureaucratic measures to
intimidate and retaliate against government opponents. Police beat
pretrial detainees and failed to provide due process in some cases. The
National Security Service (NSS) and the national police force acted
with impunity for alleged human rights abuses. Authorities engaged in
arbitrary arrest and detention.
Prison conditions remained cramped and unhealthy. Authorities
imposed arbitrary restrictions on freedom of assembly and the press,
particularly through harsh measures imposed during the state of
emergency. Journalists continued to practice self-censorship. The
Government and laws restricted religious freedom. Violence against
women and spousal abuse, trafficking in persons, and discrimination
against persons with disabilities and homosexuals was also reported.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
alleging that the Government and its agents committed arbitrary and
unlawful killings during the year.
In the early morning of March 1, police forcefully cleared a public
square in downtown Yerevan of several hundred encamped protesters who
were disputing the conduct and results of the February presidential
election. After this clearance action, approximately 15,000-20,000
protesters reconvened in another downtown location. Some protesters
established barricades, which they reportedly were prepared to defend
with improvised weapons. Security forces responded and, after several
hours' standoff, cleared many demonstrators from the scene by firing
into the air and setting off noise grenades. A number of protesters
remained behind their barricades, however, and police equipped with
riot gear engaged them directly. The resulting clashes persisted well
into the predawn hours of March 2.
The clashes between protesters, looters, and security forces
resulted in at least 10 deaths, including eight civilians and two
police officers, and dozens of injured persons. By the end of the year,
the circumstances of the 10 deaths remained unclear. According to
official information, all of the deaths happened in skirmishes
occurring a considerable distance from the scene of the primary
confrontation. Some of these deaths may have occurred from purposeful
arbitrary killing, misuse of crowd control equipment such as tear-gas
cartridge guns or some combination of these factors. There were no
credible criminal investigations into the actions of any police or
security officers in connection with any of these deaths.
Authorities initially denied that security forces shot directly at
protesters during the March 1 clashes, but video footage later surfaced
which appeared to dispute this claim. In mid-December the Government
confirmed that at least one of its snipers was present during the March
1-2 events, while denying that any of the 10 deaths were attributed to
the sniper. Government opponents and some human rights activists
alleged that security forces killed protesters and staged lootings to
impose the state of emergency late on March 1, giving authorities a
legal pretext to stop the protests.
From May to July the president dismissed the chief and deputy chief
of the national police, the chief of the State Protection Service, and
the chief of the Police Troops (paramilitary riot police). It was
unclear if the dismissals were related to their roles in the March 1
violence; none had been prosecuted to that effect by year's end. On
June 16, the National Assembly established an ad hoc commission of
inquiry to investigate the circumstances of March 1-2. Opposition
parties were invited to participate in this commission, but refused to
do so, claiming they would have comprised an unacceptable minority
among mostly governmental participants. On October 23, a presidential
decree established a new fact-finding panel of experts with balanced
opposition and governmental representation, and the opposition agreed
to join this effort. Both the parliamentary commission and the fact-
finding group continued to operate at year's end, and neither had
issued public findings. A government human rights defender (ombudsman)
issued a report on April 25, which called into question authorities'
official version of events. On September 24, Alik Sargsian, the police
chief appointed on May 29 to replace the police chief in charge at the
time of the March events, contended that all police had acted
appropriately during those events.
On December 17, the prosecutor general's office released
information containing results of the forensic examination reports of
the victims. According to this information, five of the victims died of
gunshots, two persons were killed from the impact of tear gas
cartridges, one person died from blood loss resulting from an explosion
of a tear gas cartridge that hit his leg; one person died from injuries
sustained by a unidentified blow to the head; and one person died from
a grenade explosion. Official forensic evidence showed that the tear
gas cartridges had been shot directly at the deceased, an improper use
of the tear gas projectiles, which are designed to be fired indirectly
or at the ground.
In a March 20 interview, the outgoing president, Robert Kocharian,
stated that some of the deaths were caused because of the use of
expired ``special means'' (apparently in reference to police
paramilitary equipment) by security services, implying that some of the
deaths were accidental. In a report released March 20 on his March 12-
15 special mission to the country, Thomas Hammarberg, the Council of
Europe's (COE) commissioner for human rights, quoted the prosecutor
general as saying that fragments of tear gas cartridges had penetrated
the bodies of some of the victims, suggesting that tear gas ordnance
was fired at close range. Local observers also expressed doubt in
response to Kocharian's statement.
The incoming president, Serzh Sargsian, justified the use of force
in an interview after the March 1 clashes, stating that only looters
and those who used arms against security forces were targeted. This
claim was contradicted by accounts provided by families of three of the
victims, who claimed they were simply passersby uninvolved in the
protests.
In an August 27 interview, the father of Samvel Harutiunian, one of
the eight civilian victims of March 1 (who died of his wounds on April
11), claimed that his son was arrested, severely beaten, and died due
to police brutality. He claimed that he and his wife had seen footage
of their son on television on March 2 and 3 that suggested he was being
subject to inhuman treatment during his detention. The victim's family
also claimed to have discovered traces from either the use of handcuffs
or ropes on Harutiunian's feet and wrists, which led them to believe
that he had been arrested and subjected to inhuman treatment before his
hospitalization.
The Government reported that during the first 11 months of the
year, there were 69 deaths registered in the army of which 25 deaths
were due to illness, 14 due to car accidents, two due to mishandling of
weapons, one due to ``violation of the rules of regulations of behavior
between military personnel'' eight due to accidents, two due to mine
explosions, nine killings (including three possibly by enemy forces),
and eight suicides. The reports claimed two of the killings and two of
the suicides were judged as resulting from violence and military-
related hazing.
In June, families of soldiers who died during military service from
2005-08 issued a joint statement accusing authorities of systematically
conducting false investigations into the deaths of their sons and
destroying or tampering with evidence in order to disguise homicides as
accidents, suicides, or the results of sniper attacks.
According to the Helsinki Association, a local human rights non-
governmental organization (NGO), on May 10, the body of Narek Galstian,
a soldier serving in a military unit near the city of Meghri, was
discovered in a gasoline tank. According to authorities, Galstian had
tried to steal gas and fallen in, after which the cover closed and he
was overcome by fumes. However, according to the family, the cover
could only be closed from the outside; in addition, they stated they
had discovered numerous injuries on their son's body, suggesting he was
severely beaten and perhaps killed. According to various reports, there
was a serious scuffle in the unit the night of Galstian's death, and
shouts were heard from the site where the tank was located.
According to the Helsinki Association, soldier Gegham Sergoyan was
shot in the head in April 2007 by Lieutenant Henrikh Grigorian, and
died shortly thereafter. Grigorian reportedly shot Sergoyan after
seeing him without shoes and his uniform hat. Sergoyan's family alleged
that authorities obstructed its efforts to be involved in the
investigation, as provided by law. Sergoyan's family stated that
authorities were trying to mitigate Grigorian's guilt, positing that
Grigorian suffered from mental illness or was provoked into shooting
their son. According to official information, Grigorian was charged
with murder due to hooliganism, and with abuse of power. At year's end
Grigorian had not been convicted, and court proceedings were reportedly
in progress.
During the year a report surfaced about the death of Eduard
Mirzoyan. According to authorities, Igor Atanian, the commander of
Mirzoyan's military unit, ordered his soldiers to carry out engineering
work within range of Azerbaijani snipers in June 2007, during which
Mirzoyan died from a sniper's bullet. Atanian was charged and convicted
for abuse of official authority and sentenced to three years of
suspended sentence in November 2007. According to Mirzoyan's family,
however, the medical examiner's report stated that their son died from
a small-caliber gun shot fired at close-range; they disputed Atanian's
account and alleged that before he was killed, Mirzoyan had been beaten
and tortured.
According to official information, in October 2007 military
serviceman Victor Aslanian was charged with abuse of power and false
testimony in the July 2007 death of Hovhannes Meltonian in the Koghb
military unit in the Tavush region. Officials reported that Meltonian
had committed suicide by shooting himself in the neck as a result of
continuous humiliation and physical abuse by Aslanian. Meltonian's
family disputed the official account, alleging he had been tortured and
killed, as suggested by numerous bruises that they found on his body.
Aslanian's case was sent to the court on June 9, and was ongoing at
year's end.
In May, local media reported that the August 2007 death of Tigran
Ohanjanian, a soldier in the Karjaghbuir military unit in Vardenis, was
officially attributed to accidental electrocution. According to the
media, Ohanjanian's father believed that his son was beaten and then
killed by electrocution, or that the killers tried to disguise his
death by making it appear to be accidental. The father reportedly took
pictures of the body, which had serious injuries and which the forensic
expert assigned to the case allegedly refused to record. According to
the family's lawyer, the military prosecutor's office tried to conceal
the homicide by presenting it as an accident and allegedly refused to
consider testimony that the unit commander, Smbat Simonian, had hit
Ohanjanian before his death. Ohanjanian's father reportedly received
threats following his efforts to investigate his son's death. According
to official information, Rustam Asatrian and Karen Tovmasian, two
fellow servicemen, were charged with negligence related to the death,
and the case was sent to the court on May 30.
Ethnic Armenian separatists, with Armenia's support, continued to
control most of the Nagorno-Karabakh region of Azerbaijan and seven
surrounding Azerbaijani territories. Landmines placed along the 540
mile border with Azerbaijan and along the line of contact in the
Nagorno-Karabakh conflict continued to cause bodily harm. During the
first 11 months of the year government sources reported that two
military personnel were killed and 19 military personnel injured by
landmine explosions. There were no reports of civilian deaths or
injuries caused by landmines.
During the year shootings along the militarized line of contact
separating the sides as a result of the Nagorno-Karabakh conflict again
resulted in numerous casualties on both sides. According to official
information, three military personnel and two civilians were killed,
and 21 military and two civilians were injured, along the line of
contact. On June 17 and 18, two civilians who were residents of the
village of Chinari in the Tavush region were shot by snipers while
working in their fields; they died on June 18.
In contrast with the previous year, there were no high-profile
killings by unidentified assailants during the year.
In August 2007, an unknown person shot and killed the chief
prosecutor of the Lori region, Albert Ghazarian, while he was on his
way home. The investigation was suspended on August 25, and the
identity of the killer was not discovered.
There were no developments during the year with regard to the April
2007 attack on Gyumri mayor Vartan Ghukasian and his entourage that
resulted in the deaths of three bodyguards and a driver. The
investigation was suspended and the identity of the killer was not
discovered.
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, they were
regularly employed by members of the security forces. Witnesses
continued to report that police beat citizens during arrest and
interrogation while in detention. Human rights nongovernmental
organizations (NGOs) reported similar allegations; however, most cases
of police mistreatment continued to go unreported because of fear of
retribution. Human rights groups continued to report that more than
half of the individuals transferred to prisons from police detention
facilities alleged torture, abuse, or intimidation while in custody.
Drawing on data collected in 2006, the Partnership for Open Society
Initiative, composed of human rights NGOs, reported in June 2007 that
the main purpose of torture was to extort confessions. The report
maintained that courts generally accepted defendants' confessions as
valid evidence, even when it was questionably obtained. The report also
noted that approximately 80 percent of criminal defendants recanted
testimony given during pretrial investigation, claiming they had
confessed under torture or duress. The criminal justice system
generally disregarded such claims and conducted little or no
investigation, according to the report.
On February 23, masked police officers reportedly used excessive
force while arresting the former deputy prosecutor, Gagik Jhangirian
and his brother Vardan Jhangirian. Then-president Robert Kocharian had
relieved Jhangirian of his duties earlier that day after Jhangirian
openly supported opposition presidential candidate Levon Ter-
Petrossian. The police stopped their car late in the evening and
demanded the passengers leave the vehicle. Vardan Jhangirian, who
suffered from spinal tuberculosis that restricted his movement,
reportedly was unable to respond quickly to the order, and masked
police officers severely beat him. One officer began shooting and
struck Vardan Jhangirian as well as two officers. Gagik Jhangirian was
also severely beaten. At year's end, Vardan Jhangirian had been
released for health reasons and was awaiting the conclusion of his
trial on resisting arrest charges, while Gagik Jhangirian was in
detention on charges of resisting arrest; by the end of the year, his
trial was still in process. The Jhangirians identified police officer
Arman Harutyunian as one of their assailants, who was an alleged victim
in the resisting arrest case.
Authorities reportedly subjected protesters to physical abuse and
inhuman treatment during and after the March 1 events. International
and local human rights activists stated that security forces beat
detainees at the time of their arrests, as well as on the way to and
from police stations or detention facilities. In a March 27 media
interview, the human rights defender stated that his staff had visited
90 of the 106 persons officially acknowledged at that time to have been
arrested, 12 of whom claimed that security forces and law enforcement
officials had tortured or beat them during or after arrest.
On March 21, the Armenia-based Hetq online journal published an
account provided by Grizelda Ghazarian and her daughter Gayaneh, who
participated in the post-election opposition rallies. They stated that
on the evening of March 1, they were brutally beaten along with thirty
other civilians as they walked in the vicinity of the French Embassy.
At approximately 9pm, as they were walking away from the main gathering
of protesters located at Myasnikian Square, they saw police dispersing
a small crowd that had been separated from the main gathering.
Ghazarian approached one of the officers, who cursed and beat her on
the back with a rubber truncheon. Hearing gunfire, the small crowd
sought to return to the main gathering or seek shelter nearby, but some
were prevented from doing so by police, who chased them down. One
officer reportedly dragged Ghazarian's daughter away from a building
and threw her onto the street; other officers joined the scene and
began kicking the girl. Ghazarian alleged she was severely beaten at
the same time. After the beating police dragged the daughter, who was
unable to walk, to her mother's side, and an officer shoved them inside
a building, reportedly telling them he had just saved their lives.
On March 18, Radio Liberty published the account of Robert
Chakhoyan, who was arrested on March 1 and taken to the police
headquarters of Yerevan's central Kentron district along with other
opposition supporters. Chakhoyan stated he and the others who were
arrested with him were beaten inside the police car and at the police
station. According to Chakhoyan, police were anxious not to leave
traces of violence on his and other detainees' bodies, putting books on
their backs, stomachs, and sides before hitting them with truncheons.
At the station, Chakhoyan stated he witnessed a badly beaten teenage
boy and others in serious condition. After nearly two hours of
interrogation, Chakhoyan was transported to the police department in
Yerevan's Shengavit district. He was kept there without being charged
and released three days later. Police detained his wife, Naira
Chakhoyan, as she searched for her husband on March 2. She was taken to
the Kentron police station, where she stated she saw detainees who had
been beaten. Naira Chakhoyan alleged that police officers hit and swore
at her while she was being detained. She was held until midnight and
then released.
On August 1, Christophor Elazian, who was arrested on March 3 and
sentenced to four years in prison for participating in mass disorders,
released a detailed statement alleging that police and the Special
Investigative Service (SIS) had systematically tortured and beat him
between March 4 and March 10 in an effort to extract incriminating
testimony against him and member of parliament Hakob Hakobian who was
also detained. Elazian identified some of the persons who beat him,
among them Andranik Mirzoyan, the head of the SIS; Artur Mehrabian, the
police chief of Yerevan's Kentron district; Aristakes Yeremian, an SIS
investigator; and Hakob Gharakhanian, a prosecutor.
Similar allegations of torture/abuse of detainees arrested around
the March events were made in the cases of Vahram Mkhitarian, Gagik
Avdalian, Hmaiak Galstian, Davit Arakelian, Mushegh Saghatelian, and
many others.
On December 23, the opposition reported that Grigor Voskerchyan,
Gevorg Manukyan and Armen Khurshudyan, opposition activists who were in
prison pending trial in connection with March 1-2 criminal cases, were
beaten in Nubarashen prison. Diplomatic observers corroborated that two
of these defendants were slapped across the face several times by
police. The ombudsman, who had sent his aides to meet with the
detainees, expressed serious concern at the torture allegations. On
December 24, President Sargsian ordered the Ministry of Justice to
conduct an internal investigation into the allegations.
On April 23 and 25, the opposition-leaning Aravot newspaper
published reports according to which Suren Khachatrian, the governor of
Syunik region, had beaten and broken the jaw of a 16-year-old-boy in
retaliation for an altercation the boy had previously with his son.
According to the reports, the boy was hospitalized and his family was
afraid to report the altercation to the local police. The Governor
refuted the media reports. Prime Minister Tigran Sargsian ordered an
investigation of the events, which concluded that the reports were
inaccurate. Independent observers criticized the apparently superficial
conduct of the investigation, reporting that investigators
misidentified the boy and conducted an X-ray examination of the wrong
person.
During the year there was slight progress in the investigation of
the death of Levon Gulian, who died under suspicious circumstances in
police custody in May 2007. On March 12, the SIS, which took over the
investigation from the prosecutor general's office in December 2007,
closed the criminal case. The SIS claimed that Gulian, an alleged
witness to a homicide, fell to his death from a second story police
station window while trying to escape. Gulian's family and human rights
activists stated that the investigation was neither credible nor
transparent. Following an unsuccessful appeal of the SIS decision, on
April 8, Gulian's family asked a court to reopen the investigation. On
June 6, the judge ruled in favor of the family and ordered the SIS to
restart the investigation. The SIS took the case to the Court of
Appeals, which upheld the lower court's ruling on July 21. The reopened
investigation was still in progress at year's end.
During the year there was no progress in investigating the
allegations of torture and abuse reported by Karen Dodoyan and Ashot
Ghukasian, witnesses in the August 2007 murder case of former Lori
prosecutor Albert Ghazarian. There were also no further developments in
the cases of alleged abuse of a detainee at Nubarashen Prison in
October 2007 and of Artavazd Simonian in November 2007.
On April 30, COE Commissioner for Human Rights Hammarberg published
a report that expressed concern over police mistreatment of persons
during detention, which appeared to be widespread and aimed at
extracting confessions. Many of the inmates reported being subjected to
severe beatings and other mistreatment. Hammarberg cautioned that
signed confessions should not be the primary form of evidence in
prosecutions, and that the police should look for other material
evidence. Hammarberg reported that defense lawyers whom he met stated
that defendants were often afraid to testify about police mistreatment
during detention out of fear of retribution.
The human rights defender stated to diplomatic representatives in
early October that law enforcement agencies were generally slow to
respond to his inquiries into alleged torture and inhuman treatment, or
that they repeatedly responded to his inquires with a stock answer that
they had investigated the allegations and found them to be baseless.
Customs within the military, the impunity of military commanders
and substandard living conditions in the armed forces continued to
contribute to mistreatment and injuries unrelated to military
operations. Although no reliable statistics were available on military
hazing, soldiers reported to human rights NGOs that the practice
continued. The families of soldiers claimed that corrupt officials
controlled military units. Other human rights monitors reported that
soldiers were conscripted into army service despite having serious
disqualifying health conditions, although according to the Soldiers'
Mothers NGO, the number of cases recorded for the year were down 70
percent from 2007, as authorities took measures to curtail these
practices. Eighty-five military personnel were convicted of hazing and
related violations during the year. In November 2007, the ombudsman
appointed a new specialized military adviser on the human rights
defender's staff to focus attention on military hazing and human rights
abuses within the military.
On June 23, the human rights defender established a working group
to investigate two suicide attempts by a military serviceman, ``H.H.,''
on June 9. According to a press release by the human rights defender's
office, H.H. had witnessed a rape in his unit but could identify
neither the victim nor the assailant. The father of H.H. claimed that
his son was subjected to beatings and violence during his service.
According to the Helsinki Association H.H. himself was the subject of
sexual abuse by his co-servicemen; however the criminal case was
dropped after H.H. was released from service.
On August 15, according to the Helsinki Association, Artur
Grigorian, a soldier serving in the city of Goris, was taken to a local
military hospital with numerous serious head injuries, where he
allegedly was withheld medical assistance for 48 hours. Military
prosecutors assigned to the case, while Grigorian was still in a coma,
alleged that Grigorian's injuries were the result of falling out of his
bunk bed. After transfer to the national military hospital and
completion of surgery, Grigorian stated that he was beaten by Davit
Hayrapetian, his platoon commander. Grigorian was seriously handicapped
as a result of the beatings. Hayrapetian was charged with abuse of
power. According to Grigorian's family, on December 15 the general
jurisdiction court of Syunik region, despite an appeal to move the
hearings to a court closer to Yerevan since Grigorian was unable to
travel, proceeded with the trial in Grigorian's absence. Hayrapetyan
was convicted and received the minimum possible sentence of two years'
imprisonment.
On September 3, the human rights defender sent a letter to the
minister of defense regarding the August 4 incident in which Nairi
Vardanian, a soldier in a unit based in Ashtarak, tried to kill himself
after Garun Abgarian, the unit commander, publicly beat and humiliated
him. Military prosecutors had not taken any action against Abgarian as
of year's end. According to official information, Abgarian's actions
followed Vardanian leaving his post without permission for over two
hours; hence both Abgarian's and Vardanian's actions were deemed
prosecutable under charges of abuse of power and refusal to perform
one's military duties, respectively. Both men showed remorse for their
actions, and a deputy minister of defense had appealed to the
investigative body not to prosecute Abgarian. On September 29, the
investigative body of the Yerevan garrison elected not to press charges
against either Abgarian or Vardanian.
In July 2007, military serviceman Garik Mikayelian tried to kill
himself following five months of abuse and harrassment by the head of
his unit, Artak Gasparian. Gasparian was charged with abuse of
authority. On May 21, the case against Gasparian was sent to the court;
the verdict was still pending at year's end.
On July 4, the trial of three soldiers accused of murdering two
fellow servicemen in 2003, whose sentences were nullified by the Court
of Cassation in 2006, resumed. The murder case was based on the
confession of Razmik Sargsian, who stated that he was brutally tortured
into incriminating himself and his two fellow soldiers. Human rights
activists criticized the lack of a credible investigation into the
torture allegations, as well as the repeated trial of the three
soldiers for the same crime. Prosecutors reported that they made
inquiries about the torture allegations during their original
investigation of the murders, concluding that the torture allegations
were baseless. The three soldiers applied to the European Court of
Human Rights (ECHR) in 2004 and 2007, and in October 2007 the ECHR
ruled on partial admissibility of the case, which allows the case to be
reviewed by the ECHR once all domestic remedies have expired.
On September 4, the Government declared its intent to set up a
supervisory body composed of prominent public figures to improve the
transparency of police conduct and prevent human rights abuses by
security forces, but by the end of year this new body had not yet been
formed.
Prison and Detention Center Conditions.--Prison conditions remained
poor and threatened inmates' health, although the Civil Society
Monitoring Board (CSMB), an organization established by government
initiative involving prison monitoring by NGO personnel, reported
continuing improvements to renovate old prisons. Despite this, cells
continued to be overcrowded, inmates lacked basic hygiene supplies, and
food quality remained poor. The CSMB reported that prisoners were at
high risk of contracting tuberculosis, and adolescents held in juvenile
facilities rarely received the schooling required by law. The CSMB
reported other chronic problems, including denial of visitor
privileges, medical neglect, and in some cases, physical abuse.
According to observers, most instances of abuse of prisoners and
detainees by law enforcement authorities continued to occur in police
stations, rather than in police detention facilities which are subject
to human rights monitoring. In its 2006 report, the COE's Committee for
the Prevention of Torture (CPT) noted allegations that detainees had
spent up to ten days in various police district divisions in Yerevan
without mattresses, blankets, and food other than that supplied by
relatives. In its December 2007 report, the CPT stated it observed an
improvement in police holding areas that had been refurbished, or were
in the process of refurbishment in 2006. Mattresses, blankets, and food
were supplied to detainees at the facilities that CPT observed. The CPT
reported deficiencies, however, in the Vanadzor, Sisian, and
Yeghegnadzor police departments, namely small cell space, cold
temperatures, and lack of hot water.
From February 27 to March 19, the CSMB visited prisons holding an
estimated 100 government opponents detained in connection with March 1-
2 events. Drawing on 11 visits and meetings with 60 detainees, the CSMB
reported that the cells were overcrowded with more prisoners than beds,
and that authorities denied prisoners contact with their families in
the first days of detention. Prisoners complained of procedural and
other violations at the times of their arrests, beatings, torture, and
delayed access to legal representation.
The human rights defender received complaints from those being held
in pretrial detention for criminal cases in connection with the March 1
events, who maintained that although they had no prior convictions,
they were being held in cells with persons with multiple convictions,
in violation of the law.
On March 19, the authorities renovated the pretrial detention
center of the Abovian prison for women and juveniles.
On June 24, the minister of justice, Gevorg Danielian, announced
the construction of a new prison in Chobankara in the Armavir region;
the construction was still in progress at year's end.
Corruption in prisons continued to be a problem, exacerbated by
very low salaries for prison administration employees, poor and
sometimes dangerous working conditions, and a lack of staff. In certain
facilities prisoners bribed officials to obtain single occupancy cells
and additional comforts. There were also unverified reports that
authorities charged unofficial fees to family members and friends
seeking to deliver meals to inmates. In some prisons monitors noted
that prisoners had difficulty mailing letters and that some prison
officials did not adequately facilitate family visits.
Despite jurisdiction for all prisons officially resting with the
Ministry of Justice, the National Security Service (NSS) continued to
de facto operate the Yerevan-Kentron prison, located on NSS property;
the facility was often used to hold pretrial detainees and sentenced
prisoners whose cases were politically sensitive. There were reports
that NSS monitored communications of prisoners held in this prison,
including their meetings with defense lawyers.
The Government generally permitted local NGOs and international
rights groups, including the International Committee of the Red Cross
(ICRC), to monitor conditions in prisons. The ICRC was permitted to
visit both prisons and pretrial detention centers and did so in
accordance with its standard modalities. Authorities generally
permitted CSMB personnel to visit prisons without giving advance
notice. However, when the CSMB tried to visit prisons on March 4 to
monitor the welfare of new detainees after the March 1 clashes, it was
denied access. Only after March 7 was the CSMB able to resume their
monitoring. A separate Public Monitoring Group continued to monitor
police detention facilities.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, in practice authorities continued to
arrest and detain criminal suspects without warrants. Authorities
detained hundreds of individuals during and after the March 1 clashes
on grounds that the arrests were necessary to prevent civil disorder;
there were allegations that some of these arrests may have been
arbitrary and due to individuals' proximity to the site of the violence
or known political affiliations.
Role of the Police and Security Apparatus.--The national police are
responsible for internal security, while the National Security Service
(NSS) is responsible for national security, intelligence activities,
and border control; the heads of both organizations are appointed by
the president. The police and the NSS continued to lack training,
resources, and established procedures to implement reforms or to
prevent incidents of abuse. Prisoners reported that police and NSS
authorities did little to investigate allegations of abuse. As a
result, impunity remained a serious problem.
Corruption remained a significant problem in the police force and
security forces, but reform efforts continued, mainly in the area of
traffic control and criminal investigations. The police continued to
implement procedures established in 2006 to curb corruption at roadside
checkpoints. A system of paying traffic fines to reduce opportunities
for bribes was established in 2007. Bribe-taking appeared to further
decrease during the year.
There was no dedicated mechanism for investigating police abuse. By
law citizens may sue police in court. The Government reported that
during the year police did not receive any complaints lodged by
citizens against police for mistreatment of detainees; they reported as
well that no policeman was punished for such treatment.
The prosecutor's office launched six criminal investigations into
instances of police brutality, of which three were sent to the courts,
one was dropped and two were ongoing at year's end.
On September 4, the prosecutor general's office opened a criminal
case against the deputy director of Vardashen prison and two
accomplices from the prison administration for abuse of power and using
violence against an inmate.
The Government reported it conducted 10 internal investigations
into misconduct by police officers during the year. All the policemen
involved were removed from service. The investigations resulted in four
convictions; the review of the remaining cases was ongoing at year's
end. The Government reported that based on applications from
prosecutors during the first half of the year 28 police officers
received administrative penalties (compared to 23 during the entire
previous year).
By law detainees may file complaints prior to trial to address
alleged abuses committed by authorities during criminal investigations;
however, detainees must obtain permission from police or the
prosecutor's office to obtain a forensic medical examination needed to
substantiate a report of physical abuse. Human rights NGOs continued to
report that authorities rarely granted such permission, or granted it
days later when signs of abuse were no longer visible.
In 2007, authorities transferred primary responsibility for
criminal investigations from the prosecutor general's office to various
police agencies in a reform to improve institutional checks and
balances in the judicial system. In December 2007 the SIS was created,
ostensibly to become an independent body for investigating official
crimes. Located in the building of the prosecutor general's office and
headed by the former head of the prosecutor's investigative department,
Andranik Mirzoyan, it functioned as the de facto investigative body of
the prosecutor general's office during the year, reversing the effects
and purpose of the 2007 reform.
The SIS opened 25 criminal cases into crimes committed by police
officers or their participation on various charges including abuse or
exceeding of official authority, taking bribes, forgery and negligence.
Of these 25 cases, 10 were sent to trial; the others were either
dropped or were ongoing investigation by the end of the year.
On September 23, the NGO Project Harmony joined with the police to
open a community justice center in Ijevan. The Ijevan center, along
with centers Gyumri, Alaverdi and Vanadzor, offered counseling to
first-time juvenile offenders and brought local police into public
schools for community outreach.
In March 2007, the national police, in cooperation with the
Organization for Security and Cooperation in Europe (OSCE), began a
pilot project on community policing designed to facilitate cooperation
between police and the public. The project, which was located in
Yerevan's Arabkir district, continued during the year. On November 27,
the OSCE office in the country and the police signed a memorandum on
cooperation and assistance in the areas of democratic policing,
community policing, police education in accordance with international
standards, and development of skills in maintaining public order.
Arrest and Detention.--Prosecutors and police investigators must
obtain a warrant from a judge to detain an arrested suspect in excess
of 72 hours. Judges rarely denied police requests for detention
warrants. Police at times made arrests without a warrant, which is not
required for the arrest of individuals for up to 72 hours, on the
pretext that detainees were material witnesses rather than suspects.
Such practices were used extensively during the year. The law provides
for a bail system; however, in practice, most courts denied requests
for bail, ordering instead either continued detention or release of
defendants on their own recognizance pending trial. In the latter case,
defendants were sometimes required to surrender their passports and to
sign statements promising not to leave the country (or in some cases,
the city limits).
The law requires police to inform detainees of their right to
remain silent, to make a telephone call, and to be represented by an
attorney from the moment of arrest, including by public defenders
provided in the case of indigent detainees. In practice police did not
always abide by the law. They often questioned and pressured detainees
to confess prior to indictment and in the absence of counsel. Police
sometimes restricted the access of family members and lawyers to
detainees. During questioning by investigators, lawyers were sometimes
restricted from posing questions. The practice of detaining individuals
as ``material witnesses'' before being designated as suspects resulted
in questioning of individuals without the benefit of counsel.
According to the political opposition led by former president and
February presidential candidate Levon Ter-Petrossian, thousands of
opposition supporters were detained and questioned by police before and
after the presidential election. The opposition charged that these
detainees, who included campaign officials, election proxies, and
ordinary citizens, were detained to deter or prevent political
activities supporting the campaign or attendance at opposition rallies.
Hundreds of persons were arrested in Freedom Square and the nearby
vicinity in the early morning on March 1, when security forces cleared
the square of demonstrators who had been encamped there for 11 days in
protest of the election result. According to eyewitness accounts,
police continued to arrest persons until noon; opposition candidate
Levon Ter-Petrossian was placed under de facto house arrest by security
forces during the dispersal operation, and for approximately three
weeks thereafter.
In a March 20 report, the COE estimated that more than 400 persons
were apprehended and asked to provide testimony relating to the events
of March 1. On March 13, the prosecutor general stated that more than
95 persons had been arrested for organizing or participating in
demonstrations and mass disturbances of public order. On March 15, the
COE's Human Rights Commissioner stated that he had obtained from
unofficial sources testimony that an additional 50 persons had been
arrested from March 1-15, mostly outside of Yerevan. According to
detainees and defense lawyers, most of those arrested had been charged
with disturbing public order, illegal possession of arms, incitement to
violent acts, and violently resisting police arrest. Defense lawyers
reported that a number of arrests preceded the March 1 crackdown on
protesters in Freedom Square.
Many of the individuals arrested in connection with the March 1
events were detained on seemingly artificial or politically motivated
charges. Authorities justified the arrests as necessary to prevent
attempts to initiate mass disorders and usurp power by
extraconstitutional means. In the majority of cases, persons were
released without charge after several hours' detention.
Many individuals were detained in a similarly brief fashion in the
months following the March events, apparently to dissuade opposition
supporters from participating in daily ``political promenade'' protest
walks in Yerevan. Several detainees reported that they were subjected
to mandatory drug and psychological testing before being released. The
detainees reportedly were often photographed and fingerprinted during
detention, in violation of police procedure for persons who are not
being formally charged.
Local and international human rights groups reported procedural and
other violations during the arrest and detention of persons on March 1
and after. During his visits to detention facilities after March 1, the
human rights defender also received complaints on procedural
violations, restricted access or no access to legal representation.
On March 4, the National Assembly stripped the immunity of four
members of parliament (Sasun Mikaelian, Miasnik Malkhasian, Hakob
Hakobian and Khachatur Sukiasian) based on charges of incitement to
mass disorders and attempts to usurp power extraconstitutionally. Three
of the members were taken into custody, while one, businessman
Khachatur Sukiasian, eluded authorities. He remained a fugitive at
years' end, as did Nikol Pashinian, the editor of opposition newspaper
Haykakhan Zhamanak and a Ter-Petrossian campaign adviser, who was also
charged with incitement of mass disorders and usurpation of power.
Some sources reported that authorities carried out house-by-house
searches without warrants in connection with the March 1 events.
The COE human rights commissioner noted there had been delays in
the registration of arrests upon arrival in custody as required by law
and that access to defense lawyers in some instances was delayed. The
COE reported that family members or relatives had often not been
informed of a detainee's whereabouts; the Helsinki Association reported
that the relatives of detainee Borik Arabachian did not know about his
whereabouts for almost one week. The COE human rights commissioner also
noted obtaining information that some of the persons who were
apprehended had not been promptly informed of the charges against them.
According to some defense lawyers, authorities pressured some of
the activists in the first days of their detention to decline the
services of a defense lawyer, or pressured them to accept the services
of legal representation procured by the authorities. They also noted
that the conditions of confinement were inhumane, with ten persons
sharing a cell envisaged for three persons, and inadequate provision of
food.
Lengthy pretrial or preventive detention remained a problem. In
practice the authorities generally respected the provision of the law
stipulating that pretrial detention could not extend beyond 12 months.
However, the law does not set any limits for detention of defendants
once the case is sent to the court, and there were cases when
defendants spent three or more years in detention before a verdict was
reached. Although the law requires a well-reasoned decision to justify
grounds for an extension of custody, judges routinely prolonged custody
on seemingly unclear grounds. Authorities reported that during the
year, pretrial detainees constituted on average approximately 714
persons out of a prison population of nearly 3,969.
On July 11, the human rights defender published his observations on
the Government's practice of placing persons under detention and on
extending the pretrial detention of persons arrested in connection with
the March 1 events. The defender found that authorities presented
insufficient accounts of alleged crimes to the court, that judges did
not substantiate their conclusions that a detainee posed a flight risk
as required by law, and that judges failed to consider alternatives to
detention, such as release on bond.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, despite structural changes consolidated
in the February 2007 judicial code that have resulted in a somewhat
greater independence, courts remained regularly subject to political
pressure from the executive branch, and judicial corruption was a
serious problem. On September 13, the Government removed the
controversial chairman of the Court of Cassation, replacing him with a
more widely respected figure.
As of January 1, the date when the new judicial code became
effective, courts were comprised by courts of common jurisdiction of
first instance, specialized courts of first instance (civil and
criminal), an administrative court, civil and criminal review courts
(courts of appeal), the Court of Cassation, and the Constitutional
Court. The review courts are considered as final courts for examination
of a case's merits. The Court of Cassation has discretionary review
authority as a supreme court. The new judicial code assigned new roles
to the Court of Cassation, including the provision of uniform
enforcement of the law, its correct interpretation, and support of the
development of justice. The Constitutional Court rules on the
constitutionality of legislation, provides its opinion on the
constitutionality of signed international agreements prior to their
ratification by the National Assembly, and rules on election-related
questions.
Since 2006 citizens have had the right to appeal to the
Constitutional Court. During the year 238 citizens appealed to the
Constitutional Court, out of which the court accepted 38 cases for
further review.
The Council of Justice recommends candidates for judgeships, who
are then appointed by the president, who continued to retain a highly
influential role over judicial branch personnel. The council also
nominates candidates for the chairmen of courts on all three levels and
their chambers, and subjects judges to disciplinary proceedings for
misconduct. The president and the National Assembly each appoint two
scholars to the council, and the General Assembly of Judges elects the
remaining nine members by secret ballot.
In July 2007, the Constitutional Court ruled that sending back
criminal cases for additional investigation by pretrial bodies was
unconstitutional and voided the relevant provisions of the criminal
procedure code. As a result, trials must end either by acquittal or
guilty verdicts, effectively ending the practice of holding defendants
indefinitely for ``additional investigation'' when underlying cases are
weak. Despite the ruling, the National Assembly subsequently enacted a
law in November 2007 allowing a trial judge to suspend a trial and
apply to the prosecutor general's office for reconfirmation of the
indictment protocol to include new aggravated charges. This statutory
authority effectively undermined the presumption of innocence and
potentially favored the prosecution in such trials.
Trial Procedures.--The law generally requires that trials be
public, but it permits exceptions, including when a trial's secrecy is
in the interest of ``morals,'' national security, or for the
``protection of the private lives of the participants.'' Juries are not
used. A single judge issues verdicts in courts of first instance
(except for cases on crimes punishable by life imprisonment), and
panels of judges preside in the higher courts. Defendants generally
have the right, and are generally required, to be present at their
trials. They have the right to counsel of their own choosing, and the
Government is required to provide them with defense counsel upon
request; however, this obligation was frequently not honored in regions
outside of Yerevan, where there often were not enough defense lawyers.
Defendants also commonly refused free counsel due to the poor quality
of the public defenders or the perception that public defenders
colluded with prosecutors.
Under the law, defendants may confront witnesses and present
evidence, and they and their attorneys may examine the Government's
case in advance of the trial. In practice, however, defendants and
their attorneys had very little ability to challenge government
witnesses, particularly police officers. Under the law, police officers
are prohibited from testifying at trial in their capacity as a police
officer, unless they are testifying as a witness or victim in the 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 capacity to challenge the findings of these official
reports, which were generally considered by courts to be unimpeachable.
Defendants, prosecutors and the injured party have the right to
appeal court rulings. Judges generally granted defendants' requests for
additional time to prepare cases. The law provides for the presumption
of innocence; in practice, however, this right was frequently violated.
Court statistics released in 2007 indicated that less than 1
percent of court cases resulted in acquittals. However, these
statistics did not reflect the many cases that prosecutors dropped,
which in effect resembled an acquittal, or cases that were closed due
to defendants' medical condition.
There were widespread reports that prosecutors and police used
confessions that were obtained through methods that some NGOs
characterized as torture and inhuman treatment. Defense lawyers may
present evidence of torture to overturn improperly obtained
confessions; however, defendants, their attorneys, and NGOs often
stated that judges and prosecutors refused to admit such evidence into
court proceedings, even when the perpetrator could be identified.
On March 1, authorities opened a single criminal case against
persons whom they charged had resorted to violence against
representatives of state authorities at the clashes in Freedom Square;
who engaged in extraconstitutional actions aimed at the forcible
seizure of power; and who organized or directed participation in riots
and armed resistance to representatives of the authorities through
violence, beatings, arson, destruction and damage of property with
arms, explosive substances and mechanisms on March 1-2. As the
investigation of this case proceeded, individual cases were split off
and prosecuted separately.
According to defense lawyers involved in the March 1 cases, law
enforcement bodies failed to state the specific actions that supposedly
triggered the specific charges against defendants, or they arbitrarily
interpreted certain acts by the defendants to make them fit the
charges.
Following a January 27 opposition rally in Talin, Aragatsotsn
region, authorities opened a criminal investigation of three opposition
supporters, Zhora Sapeyan, Mkrtich Sapeyan and Hayk Gevorgian, for
allegedly assaulting Sargis Karapetian at the rally after Karapetian
began shouting against opposition candidate Levon Ter-Petrossian. The
investigation initially involved charges of simple battery, a crime
that is not punishable by incarceration. According to Hovik Arsenian,
lawyer for the three defendants, Karapetian at first described the
assault to police as simple battery. Following a public statement by
then-president Kocharian that all ``hooligans'' must be punished,
Karapetian told police in a second interview that the defendants had
used obscene language, which raised the crime from battery to
hooliganism, and police detained the three individuals. At their trial,
both the judge and investigators denied requests by the defendants'
lawyer to interview other witnesses. On April 15, the court sentenced
the three to prison terms of one-and-a-half to two-and-a-half years for
group hooliganism.
On February 25, Petros Makeyan, head of the Democratic Motherland
Party, Ashot Zakarian, head of the Shirak regional branch of the
Yerkrapah Union, a prominent Nagorno-Karabakh war veterans association,
and Shota Saghatelian, a member of the opposition Republic Party, were
arrested and charged with hindering the process of the presidential
election on February 19 when they had registered as election proxies
for opposition candidate Levon Ter-Petrossian. During court hearings,
at least six out of the ten witnesses in the case retracted testimony
given during the pretrial investigation which, they claimed, was
extracted under pressure. Two other witnesses never appeared at the
hearings. Despite this, on June 13, Zakarian and Makeyan were sentenced
to two-and-a-half and three years in prison, respectively. Saghatelian
received a suspended sentence of two and a half years.
On February 19, Hovhannes Harutyunyan, member of the opposition
Republic Party, was arrested and charged with illegal possession of
firearms. The firearms, however, were legally registered and he had
permission to carry them. He was then convicted on March 28 to one-and-
a-half years in prison for possession of 41 bullets that allegedly were
not designed for the firearm that he legally owned. Husik Baghdasarian,
another member of the Republic Party, was arrested on February 26, and
on March 31 was convicted to three years in prison for illegal
possession of 16 bullets.
During the trial of former deputy prosecutor general Gagik
Jhangirian and his brother for felony assault against police officials,
which many observers considered to be politically motivated by
Jhangirian's expressed support for opposition candidate Ter-Petrossian,
some shortcomings were noted in the testimony provided by police. In
response to the defense's question as to who had given the order to
stop the defendant's car, police claimed that they did not know who
gave the initial order or any of the names of their commanding
officers, and they refused to state the rank of their regular
commanding officer.
According to the Helsinki Association, sentences diverged greatly
for different defendants charged under the same articles of the
criminal code and under the same mitigating circumstances. According to
local legal and human rights observers, the courts did not ensure equal
rights for the defense and the prosecution. They cited as evidence the
courts' continued refusals of defense motions, illicit editing of
proceedings records in the criminal court, hindering the activities of
journalists who were covering the trials, and general favor toward the
prosecution. Diplomatic observers witnessed numerous cases in which
convictions were rendered on the basis of highly questionable police
evidence and testimony which was persuasively disavowed by the reputed
witnesses in open court.
According to local observers, the majority of March 1-related
defendants charged for resisting law enforcement and using violence
were pressured to plead guilty by the prosecution. When such guilty
pleas were entered, the courts regularly held ``expedited hearings''
which used template wording in the indictments, generally did not
entail examination of evidence and resulted in either suspended
sentences or fines. Those defendants who did not plead guilty nor agree
to expedited hearings-a judicial provision somewhat similar to plea
bargaining-were more likely to receive actual prison time.
In June, the Parliamentary Assembly of the Council of Europe (PACE)
passed a resolution on the country, criticizing verdicts which were
based on a single police officer's testimony without corroborating
evidence. In the majority of these trials, the sole witnesses or
alleged victims were police officers, whose testimony was often
inconsistent. In some cases the same police officers were involved as
witnesses in several cases. Observers also singled out cases of
intimidation and pressure against witnesses who were not employees of
the police.
While addressing the conduct of trials of March 1 cases, Ruben
Sahakian, the chairman of the Chamber of Advocates, stated on September
25 that many prosecutors, investigators, and judges involved in these
cases were acting in potential violation of the criminal code.
Political Prisoners and Detainees.--Of the hundreds of persons
detained around the time of the March 1-2 political violence,
approximately 150 were held for a significant period of time, and over
100 were charged with a crime. Most or all of these arrests appeared
politically influenced to varying degrees. Some were charged under
broadly defined criminal charges of ``usurpation of state authority''
or ``mass disorders.'' Others were charged with selectively enforced
weapons possession charges or with resisting arrest. Authorities denied
the presence of political prisoners in the country and maintained that
the political opposition planned the postelection violence in an
attempt to seize power extraconstitutionally.
No specific information from government authorities was available
on how many individuals remained in detention at year's end-whether
already convicted, awaiting trial, or in ongoing trials-in connection
with the events of March 1-2. Most of these detainees were supporters
or members of the political opposition.
According to the political opposition, as of year's end there were
approximately 59 persons in custody whom the opposition deemed
``political prisoners,'' including 36 persons detained in connection
with the March 1 events and the remainder either held in connection
with the presidential elections or serving sentences handed down in
previous years.
In April, PACE passed a resolution that criticized the arrest and
continuing detention of opposition supporters on seemingly artificial
and politically motivated charges.'' The PACE resolution stated that,
``in the absence of adequate judicial control, the arrests and
continuing detention of persons on seemingly artificial charges after
contesting the fairness of the presidential elections or their
participation in the protests after the elections could only point to
the political motivation of such acts.'' In a second resolution in
June, PACE criticized verdicts ``based solely on a single police
testimony without corroborating evidence,'' and called for the release
of all persons who did not personally commit any violent acts or
serious offenses.
According to official information, as of December 17, 90 cases
against 111 persons had gone to court in connection with the March 1-2
events. Verdicts in 87 cases against 101 persons were in place, leaving
in progress three cases against ten persons. All 10 persons whose cases
were in progress, remained in custody. Of the 101 persons already
tried, 38 persons received suspended sentences, five were fined, 52
were given prison sentences from six months to nine years, five were
acquitted and one case was dropped due to an amicable settlement with
the defendant. At year's end charges against three more persons (Hamlet
Hovhannisian, Samvel Abovian and Gnel Tovmasian) who undertook not to
leave the country were in place, and five more persons (Nikol
Pashinian, Khachatur Sukiasian, Virab Manoukian, Hamlet Hovhannisian
(different from above), and Sevak Stepanian) were wanted fugitives.
On September 5, approximately six months after their arrests, the
SIS sent to court the combined criminal case against seven prominent
opposition members whom authorities accused of masterminding the March
1-2 unrest. The case included Alexander Arzumanian, a former foreign
minister who served as Ter-Petrossian's campaign manager, member of
parliament Hakob Hakobian, an opposition demonstrator Shant
Harutyunian, and opposition members Grigor Voskerchian and Suren
Sirunian, who were charged with mass disorders leading to deaths and
usurpation of state authority. In addition to the charges of mass
disorders leading to deaths and usurpation of state authority, the
charges against the remaining two defendants, members of parliament
Myasnik Malkhasian and Sasun Mikaelian, included being an accomplice to
violent resistance against representatives of the state for Malkhasian,
and possession of illegal weapons and ammunition for Mikaelian. Five
more opposition activists, including Nikol Pashinian, editor of a
leading opposition daily, and MP Khachatur Sukiasian, a prominent
businessman, were wanted under similar charges. The ``trial of the
seven'' -comprising the most prominent defendants- began on December 19
and was ongoing at year's end. Charges of illegal money laundering
against former foreign minister Alexander Arzumanian (one of the seven
defendants), for which he spent four months in prison in 2007, were
still pending at year's end.
The political opposition claimed that there were also a number of
opposition supporters arrested for political motives during the year on
charges unrelated to the March 1-2 violence. The opposition claimed
these persons were prosecuted under trumped-up charges of illegal
possession of weapons, participation in mass disorders; hooliganism;
abuse and exceeding of official duties; and revealing state secrets.
The political opposition and human rights activists also considered as
political prisoners those members of the opposition who were arrested
during the election period for alleged election violations. The
opposition maintained that these persons were arrested for attempting
to prevent fraud by government supporters.
On February 22, while the result and outcome of the presidential
election were in dispute, Gagik Jhangirian, then a deputy prosecutor
general, publicly stated his support for opposition candidate Levon
Ter-Petrossian. On February 23, Jhangirian was relieved of his duties
by then-president Kocharian, and he and his brother were stopped in
their vehicle and arrested later that night. Some observers and
opposition supporters contended that the arrests were politically
motivated in retaliation for Jhangirian's support of Ter-Petrossian.
Jhangirian was initially charged with treason, illegal weapons
possession and felony assault against police officials. The first two
charges were eventually dropped. The trial on the remaining charge was
ongoing at year's end.
On March 21, police arrested Anush Ghavalian, a waitress at a
restaurant owned by an opposition supporter and parliamentarian
Khachatur Sukasian, on tax evasion charges. According to Ghavalian, her
relatives, and her lawyer, authorities were using the charges to try to
extract evidence from Ghavalian that would help them prosecute the
director of the restaurant, Gevorg Safarian. Safarian was detained in
October 2007 in a wide-ranging tax police action against the businesses
belonging to the Sukiasian family, immediately after Khachatur
Sukiasian publicly supported Ter-Petrossian's presidential bid. On
August 15, another waitress, Karine Mnatsakanian, was arrested on
similar grounds. On November 6, the Yerevan criminal court ordered
Safarian and Ghavalian released on bail, on grounds of deteriorating
health. Safarian's bail was 3.5 million drams (approximately $11,475)
and Ghavalian's was 500,000 drams ($1,640); Mnatsakanian was convicted
as an accomplice to four months of imprisonment and was released from
prison on December 15, having served her full sentence.
On December 10, after serving a full two-year prison sentence,
Vardan Malkhasian was released from prison, six months following the
June 9 release of Zhirayr Sefilian. Both were leaders of a small hard-
line opposition group called the Alliance of Armenian Volunteers who
were arrested shortly after the group's establishment on charges of
``public calls for the overthrow of the constitutional order by force''
and illegal possession of arms.
Arman Babajanian, the editor of the opposition newspaper Yerevan
Zhamanak, who was arrested in June 2006 and charged with document
forgery and evasion of military service, remained in prison. On July
18, the authorities rejected his petition for release on parole.
Civil Judicial Procedures and Remedies.--First instance courts of
common jurisdiction try both minor civil claims and petty criminal
cases. Other civil claims (those exceeding 5 million drams
(approximately $16,400), and crimes where the maximum penalty exceeds
more than five years in prison, are adjudicated by specialized civil
and criminal courts, respectively. Citizens had access to courts to
bring lawsuits seeking damages for, or cessation of, a human rights
violation; however, the courts were widely perceived as corrupt, and
potential litigants in civil cases often evaluated the advisability of
bringing suit on the basis of whether they or their opponents had
greater resources with which to influence judges. Citizens also had
access to the human rights defender's office as well as to the
Constitutional Court, in the latter case to challenge the
unconstitutionality of legislation.
There was no progress during the year in the cases of Yerevan
residents whose property was razed on eminent domain grounds, despite
the Constitutional Court's ruling in 2006 that the 2002 government
decision authorizing such demolitions violated the constitution. In
June 2007, the European Court of Human Rights (ECHR) initiated a
settlement in one such case, Chghlian vs. Armenia, when the authorities
agreed to pay 150,000 euros (approximately $210,000) compensation in
exchange for the claimant dropping the ECHR complaint.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution prohibits unauthorized searches and
provides for the right to privacy and confidentiality of
communications; however, the Government violated these rights in
practice.
By law, judges may authorize authorities to wiretap a telephone or
intercept correspondence only after being presented with compelling
evidence; during the year judges arbitrarily granted permission.
According to the political opposition and local human rights
observers, police conducted wide-scale searches in the homes of
opposition supporters, election proxies and campaign staff both before
and after the February 19 presidential election. These searches were
reportedly carried out with procedural violations, intimidation, and
threats.
On July 1, opposition presidential candidate Levon Ter-Petrossian
released a copy of a directive from the SIS dated March 5 that was
addressed to the prosecutor of Vayots Dzor region. SIS chief Andranik
Mirzoyan publicly confirmed the authenticity of the document and stated
that similar directives were sent to regional prosecutors in
Gegharkunik and Aragatsotn, the police, and the NSS. In the directive,
Mirzoyan ordered the regional prosecutor of Vayots Dzor to identify and
question participants of Ter-Petrossian's rallies, as well as local
Ter-Petrossian campaign managers. Subjects of interest to the SIS
included any conversations at political rallies about foreign
assistance, activists' perceptions about instability being advantageous
to foreign agencies or states, and any talk of eliminating Russia's
influence in the country. The directive also instructed police to
interrogate these individuals about their whereabouts between February
20 and March 2; gather personal information on them; conduct criminal
background checks; and collect reports from their neighbors and local
authorities about them and their family members. The directive also
instructed recipients to retrieve telephone numbers of local Ter-
Petrossian campaign officials and obtain court permission to wiretap
them; to obtain information on the property owned by rally participants
and campaign chiefs; to get copies of their passports; to find out the
names of the drivers of the minibuses and taxis who brought persons
from Vayots Dzor to Yerevan to participate in opposition rallies; and
to find out who accompanied their passengers, who paid their fares, and
what they stated about the rallies.
Local human rights organizations called the March 5 directive
unconstitutional and politically motivated persecution of government
opponents. On July 11, the human rights defender called it illegal,
stating that the SIS does not have the right to give an investigative
order to a prosecutor and that the police work that resulted from such
and order would be illegal.
According to Artak Zeynalian, a board member of the opposition
Republic Party, on July 24, persons presenting themselves as police
employees called the cell phones of Ter-Petrossian supporters, various
opposition party leaders, and media representatives to verify that the
numbers belonged to them. Zeynalian filed a complaint with the police
to find and punish the persons behind the calls; police did not respond
to the complaint. Zeynalyan filed a subsequent complaint with the court
to order the police to comply; however, his appeal was rejected.
On September 2, Levon Ter-Petrossian released to journalists a copy
of a court ruling that allowed the NSS to wiretap telephone
conversations of Alexander Arzumanian, Ter-Petrossian's campaign
manager, and place him under around-the-clock surveillance for a period
of two months. Observers criticized the court order as politically-
influenced and intrusive on Aruzmanian's right to privacy, as well as
an unacceptable interference with the election activities of a
presidential candidate. Beginning on September 12, the Dashnak-
supported Yerik Media aired, and progovernmental newspapers Hayots
Ashkhar and Golos Armenii began publishing, extracts of the wiretapped
conversations between Arzumanian and other persons. Since reportedly
only Arzumanian's lawyers, the SIS, and the prosecutor general's Office
had access to the case materials, it was widely believed that sources
within the Government gave the transcripts to the newspapers. The
wiretap transcripts portrayed conversations between Arzumanian and his
political allies about events, political tactics, and other political
figures as well as potentially compromising conversations related to
his personal life.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and freedom of the press; however, the Government did
not respect these rights in practice. There continued to be incidents
of violence, intimidation, and self-censorship in the press throughout
the year. There was also progovernment and antiopposition media bias in
the run-up to the February 19 presidential election. Following violent
clashes between protesters and police on March 1, the Government
imposed censorship and suspended freedom of speech and press during a
state of emergency that lasted until March 21. The media, and
television in particular, continued to lack political diversity. A new
amendment to the Law on Television and Radio imposed a two-year
moratorium on the issuance of new television broadcasting licenses,
further reducing prospects for greater media pluralism.
Most newspapers were privately owned, with the exception of
government-sponsored Hayastani Hanrapetutiun and its Russian-language
version, Respublika Armenii. Except during the March state of
emergency, the print media generally expressed a wide variety of views
without restriction, but remained influenced by economic or political
interest groups or individuals. Authorities continued to make
unscheduled tax inspections of independent and opposition media, which
local observers viewed as attempts to stifle the press.
Newspaper circulation was very limited, as was the audience for the
country's 14 radio stations. Most of the population relied on the
country's 42 television stations for news and information. All but one
station are privately owned and half were small broadcasters based in
the provinces. Only the state-owned Public Television (H1) had
nationwide coverage, although three stations were able to cover most of
the country, and some stations were able to extend beyond Yerevan. Most
stations were owned by progovernment politicians or well-connected
businessmen, factors that prompted journalists working for these
stations to practice self-censorship. Major broadcast media outlets
generally expressed progovernment views and avoided editorial comment
or reporting critical of the Government. This was especially the case
during the presidential election campaign and the protests and state of
emergency that followed the election.
The personnel and property of Azparez Journalists Club (AJC), based
in Gyumri, were subject to repeated acts of violence and intimidation.
The AJC received threatening phone calls and was targeted for arson
January 19 by unknown individuals. AJC chairman Levon Barseghian was
detained at a rally on March 2 and held for more than five hours at the
police station. On March 21, a fire bomb destroyed the AJC's
president's car. Investigations of the arson attempt and the fire bomb
were subsequently closed without any suspects.
Prior to the February 19 presidential election, the broadcast media
displayed bias in favor of the official candidate, and eventual winner,
then-prime minister Serzh Sargsian. OSCE/ODIHR and TEAM Research
monitored the election and concluded that the prime minister received
preferential treatment in the amount of airtime he was allocated and
also in the almost exclusively positive or neutral content of the
coverage. In contrast, Sargsian's electoral opponent, Levon Ter-
Petrossian, received far less airtime and was covered in negative or
neutral terms. The similar timing and content of the reporting
suggested to both monitoring organizations that authorities coordinated
some coverage.
Public television station H1 and public radio stations did not
impose any restrictions on the content of the legally mandated free
time given to each presidential candidate. TEAM Research noted that the
Sunday current affairs program 360 Degrees aired on H1 showed a
``consistently negative attitude'' towards Ter-Petrossian. Despite the
diversity of views in the print media, private Kentron Television
documented 71 negative references to Ter-Petrossian and no positive
clips between January 21 and February 17. Ter-Petrossian received more
coverage on H1 than Sargsian but, according to OSCE/ODIHR, the former
received negative and ``distorted'' coverage, while the latter was
covered in ``overtly positive'' terms. Public Radio followed a similar
pattern.
Neither the Central Election Commission (CEC) nor the National
Commission on Television and Radio (NCTR) fulfilled their statutory
obligations to ensure equality and objectivity of media coverage
towards candidates. On March 8, the Constitutional Court ruled that the
CEC neglected to exert ``effective control over preelection promotion''
and that the NCTR displayed a ``formalistic approach'' to complying
with the law. As a result, media coverage displayed not only partiality
but also, in some cases, ``violations of legal and ethical norms.''
Nevertheless, the court found that no sanctions or remedies were
warranted because the candidates were able to present their platforms
to voters by other means of preelection promotion.
Some journalists were prevented from covering voting on election
day, February 19. There were reports of assaults on reporters and
staff, damage to media equipment, and seizure and erasure of film,
often in the presence of police officers. During one altercation, an A1
Plus cameraman's camera was damaged and his film was removed near a
voting site in Yerevan. In another incident, a Hayk newspaper
reporter's tape was erased in the presence of a police officer. In one
case, a Haykakan Zhamanak newspaper correspondent was ejected from a
polling station, resulting in the chair of the precinct election
commission later being fined 300,000 drams (approximately $1,000).
During the postelection protests, reporters were subjected to
widespread harassment and intimidation. On February 27, Radio Liberty
reporter Erik Ghazarian was attacked in a downtown police station and
his microphone seized. Hayk newspaper correspondent Artak Yeghiazarian
was taken to a police station and interrogated about his presence at a
political rally. On February 29, and again on March 1, photojournalist
Gagik Shamshian was attacked and beaten by several police officers when
he attempted to photograph them near a protest in downtown Yerevan. In
the second incident, Shamshian's camera was seized and he required
medical treatment.
Censorship was imposed and freedom of press and media were severely
restricted during the March 1-21 state of emergency. According to the
decree enacting the state of emergency, ``reports in the mass media on
issues concerning the internal situation and of state importance are
restricted to official information provided by state entities.'' The
decree resulted in the closing of all opposition media, all Web sites
critical of the Government, and several days of broadcasts of Radio
Liberty. It did not, however, prevent other print and broadcast media
from airing strident criticism and unfounded charges against the
political opposition and its leaders. H1 was identified by the
country's human rights defender as ``a most vivid example of such
unacceptable coverage.'' While the state of emergency decree applied
only to Yerevan, there were numerous reports of the severe media
restrictions being imposed in many other parts of the country.
In Gyumri, three members of a GALA television crew covering a rally
were taken to a police station and held for three hours. Police
reportedly attempted to seize the camera of an Aravot correspondent but
were thwarted by the crowd. Police also reportedly threatened and
insulted a Radio Liberty journalist.
Criminal charges for violence against a law enforcement official
were brought against Nikol Pashinian, editor in chief of the
proopposition Haykakan Zhamanak, the most widely read daily newspaper
in the country. Pashinian, who was one of the opposition figures
leading protesters on March 1, went into hiding and remained a fugitive
at year's end.
Although opposition newspapers were eventually able to resume
publishing on March 21, reporters continued to be harassed and
intimidated.
On March 25, police reportedly attempted to seize three journalists
covering a protest in the Kotayk region. The crowd helped them escape
but one was pursued, captured, forced into a car and taken to the
police station where she and her driver were held for an hour.
On May 21, a reporter for Zhamanak Yerevan, covering a protest in
the town of Masis, was detained by police, beaten, held for several
hours and released after the pictures were deleted from his camera.
On August 1, Haykakan Zhamanak reporter Gagik Hovakimian was
detained and held by police for over an hour in the town of Ashtarak
after Hovakimian's investigation of whether persons were being
prevented from going to Yerevan to participate in an opposition rally.
During the year, a number of journalists were the targets of
attacks by unknown assailants. Some observers and human rights groups
alleged that the journalists had been targeted for their work.
On August 11, two unknown assailants attacked Haykakan Zhamanak
reporter Lusine Barseghyan. Barseghyan, who was briefly hospitalized
after the attack, linked the assault to a recent series of articles she
had written that scrutinized the alleged illicit activities of
influential individuals close to the Government. The assailants were
not identified by year's end, and the investigation was ongoing.
On August 18, an unknown assailant attacked the acting chief of
Radio Liberty's Yerevan bureau Hrach Melkumian in downtown Yerevan as
he was walking home. The unknown assailant approached Melkumian,
calling him by name, and proceeded to beat him while cursing the radio
and its programming. Melkumian sustained broken teeth and bruises to
his head and back. According to local media, the police suspended the
case on October 20 because they could not identify the attacker(s).
On November 17, Edik Baghdasarian, an investigative journalist
known for his stories exposing government corruption, was the target of
a violent attack, which he and many observers believed to be linked to
his reporting. Three unknown assailants ambushed and beat Baghdasarian
as he was getting into his car near the office of the ``Hetq'' online
magazine. Baghdasarian suffered serious head injuries and was
hospitalized for several days. At year's end the investigation was
ongoing.
After the lifting of the state of emergency, the State Tax Service
(STS) conducted unannounced tax inspections on four independent and
opposition media. On March 24, the opposition Chorrord Ishkhanutyun and
Zhamanak Yerevan were audited by STS officials. On March 25, the STS
notified Haykakan Zhamanak that it would look into its financial
records. STS officials also raided the offices of Aravot, asking for
the newpaper's tax records dating back to its founding in 1996. Aravot
was fined a nominal amount after minor violations were found, as was
Chorrord Iskhananutiun. Haykakan Zhamanak reported its tax inspection
ended after it sent a protest letter to the head of the STS.
The GALA regional television station was under pressure
simultaneously from tax auditors, broadcast regulators, and municipal
authorities. An intrusive tax audit opened in October 2007 resulted in
the levying of approximately 26 million drams (approximately $85,000)
in back taxes, fines, and late fees on March 19 after a lengthy court
process. Observers widely believed the audit was retribution for GALA's
September 2007 broadcast of a speech by Levon Ter-Petrossian that was
critical of the Government. After the audit began, GALA also faced
difficulty trying to keep or find advertisers. The station's owner
alleged that authorities were forcing advertisers to stop doing
business with GALA.
A1 Plus television still remained without a broadcasting license or
frequency at year's end. The station has unsuccessfully filed 10
applications for a television or radio license after the Government
failed to renew its frequency use license in 2002, an action that many
considered to be politically motivated. Since 2002, A1 Plus has
operated as an Internet news agency, posting its video footage to the
Web. During and after the state of emergency, A1 Plus-produced news
footage appeared on a variety of international amateur video Web sites.
On June 17, the ECHR ruled that authorities had violated Article 10
(freedom of expression) of the European Convention on Human Rights by
failing to give a written explanation for refusing a broadcast license
to A1 Plus. The ECHR's decision stated that ``a procedure which did not
require a licensing body to justify its decisions did not provide
adequate protection against arbitrary interference by a public
authority with the fundamental right to freedom of expression.'' The
ECHR awarded, and the Government paid, 30,000 euros (approximately
$42,000) to A1 Plus' parent company, Meltex, Ltd.
On September 10, with essentially no prior notification or public
discussion, the National Assembly amended the Law on Television and
Radio to impose a moratorium until July 2010 on the issuance of new
television broadcasting licenses. The amendment was passed in an
unannounced, evening extraordinary session. The moratorium was enacted
shortly before a call for bids on several television frequencies that
were due to become available based on expiring licenses. The amendment
also gives existing stations the right to extend their licenses to
January 2011. Independent media, media analysts, and NGOs viewed the
measure as an effort to block issuance of a license to A1 Plus or other
applicants more sympathetic to the political opposition than current
license holders. On September 19, the OSCE's representative on freedom
of the media sent a letter to President Sargsian warning that the new
law ``may make Armenia unable to comply'' with the ECHR decision in the
A1 Plus case.
In October 2007, police filed criminal charges against two editors,
Nikol Pashinian of Haykakan Zhamanak and Shogher Matevosian of Chorrord
Ishkhanutyun, and a reporter from Chorrord Ishkhanutyun Gohar Vezirian,
all of whom had participated in an opposition march in support of Levon
Ter-Petrossian that was broken up by riot police. The charges included
``hooliganism committed by a group'' and ``violence against a
representative of the authorities.'' According to one of the editors,
these earlier charges were added to charges that authorities
subsequently brought against them in connection with the March 1
events.
In December 2007, the office of the opposition newspaper Chorrord
Ishkhanutyun suffered an explosion, which its editor in chief linked to
its critical coverage of the Government. The prosecutor's office
suspended the investigation after approximately one month; the
perpetrators were not identified.
In 2006, authorities arrested Zhirayr Sefilian and Vardan
Malkhasian, members of the political opposition, allegedly for planning
a coup, due to the critical nature of their speeches towards the
Government. Sefilian was released on June 9 after serving a one-and-a-
half year sentence for illegal arms possession, while Malkhasian was
released December 10 after serving a two-year sentence for making
``public calls for the overthrow of the constitutional order by force''
and illegal arms possession.
Arman Babajanian, the editor of the opposition newspaper Yerevan
Zhamanak, remained in prison at year's end on a 2006 conviction for
forgery and evasion of military service. While Babajanian pleaded
guilty to the charges, his four-year sentence was widely considered
harsh for such incidents, and some observers believed that he was the
victim of selective prosecution. On July 18, authorities rejected his
petition for parole, despite calls by prison officials, the human
rights defender, and international and local human rights observers.
Babajanian was hospitalized September 4-12 due to a serious health
condition reportedly exacerbated by his detention.
Internet Freedom.--In March following the decree of the state of
emergency, authorities selectively blocked access to independent or
opposition Internet sites known to air critical reports of the
authorities. Individuals and groups reported suspected government
interception of e-mail or Internet chat conversations, although there
was no evidence to confirm that this took place during the year.
Internet cafes were widely available in the cities, although local
Internet service provider connections were often extremely slow which
limited their effectiveness.
Academic Freedom and Cultural Events.--There were widespread
reports of school administrators being dismissed for refusing to
support the official candidate in the presidential election. In Gyumri,
the regional campaign director for one political party with a candidate
in the presidential race, reported that he and over a dozen members of
his party had been dismissed from their public sector jobs in the run-
up to the election due to their political affiliation. Many of those
dismissed had been school directors or administrators in the Shirak
region. Similarly, there were widespread reports of school
administrators being required to mandate students and teachers to
attend rallies for the official candidate. There were reports in the
Lori region that school directors and their staffs were being pressured
to vote for Serzh Sargsian, who was prime minister at the time. There
were reports of teachers and professors throughout the country being
fired for their support of the opposition after the March 1-2 events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
authorities severely restricted this right in practice. Prior to the
enactment of the state of emergency on March 1, the Law on Conducting
Meetings, Assemblies, Rallies and Demonstrations stipulated that groups
may peacefully assemble without obtaining a permit, as long as they
provided prior notification to the relevant authorities. In the run-up
to the February 19 presidential election, political parties generally
demonstrated freely. In response to the postelection protests, then-
president Kocharian issued a state of emergency decree on March 1 for
the city of Yerevan, which imposed a ban on any type of public
gathering and was rigorously enforced by police.
On March 17, three days before the end of the state of emergency,
authorities amended the law to give broad discretionary powers to
authorities to prohibit political rallies and protests. The National
Assembly amended the law again on June 11, somewhat relaxing the strict
provisions enacted on March 17. In practice, however, authorities
continued to severely restrict freedom of assembly through an arbitrary
interpretation of the new law and denied approximately 100 opposition
applications to hold rallies at requested venues from March through the
end of the year. When denying permission to hold rallies, authorities
routinely cited the amended provision of the law that allows them to
withhold authorization if law enforcement officials indicate that that
the event creates potential threats of violence to state security or to
public order. However, on several occasions authorities tacitly allowed
mass opposition rallies to proceed without interference after having
formally refused permission, and granted permission for one opposition
rally in Gyumri on June 28 and two in Yerevan on September 15 and
October 17.
On February 29, the Helsinki Citizens Assembly (HCA) of Vanadzor
held a rally demonstrating against electoral fraud in a Vanadzor park.
Individuals reportedly working for Vanadzor's mayor tried to disrupt
the rally several times, and then disconnected the electricity being
used to power the sound equipment at the site. Arthur Sakunts, the
director of HCA Vanadzor, sent a letter to Vanadzor's police to report
the case but no further action was taken by year's end.
Early on March 1, authorities used force to end 11 days of
continuous, peaceful postelection protests in Yerevan's Freedom Square
by government opponents led by opposition presidential candidate Levon
Ter-Petrossian. The protests attracted tens of thousands of
demonstrators each afternoon, with 300 to 2,000 persons remaining
nightly.
On March 1, hundreds of security forces, mainly police and riot
personnel, used force to disperse protesters who had spent the night in
Freedom Square. According to numerous eyewitness accounts, security
forces encircled the protesters and began to beat them with truncheons,
use electric stun guns against them, and destroy their tents. When
protesters resisted, clashes broke out with security forces. Film
footage and eyewitness accounts indicated that police chased protesters
a considerable distance from Freedom Square, and that four or five
police officers at a time beat individual protesters before taking them
into custody. There were also reports that police attacked passersby on
nearby streets and assaulted media representatives.
Official government accounts of the clearing of Freedom Square were
inconsistent, raising questions about their accuracy. On March 1,
police officials stated that they had received information on February
29 that demonstrators were about to be provided large quantities of
weapons and that, on March 1, they would use them to instigate mass
disorders. The officials claimed that police asked demonstrators to
allow them to check for weapons early on March 1, at which point the
demonstrators attacked them and police officials decided to disperse
the rally. However, a press release posted on the prosecutor general's
Web site dated March 1 stated that, consistent with the law concerning
unauthorized rallies, police went to Freedom Square to end the rally
but, when protestors refused orders to disperse, police proceeded to
use force.
Following the dispersal of protesters, police repeatedly broadcast
video footage of police officers apparently discovering a cache of hand
grenades and other weapons in opposition tents. The authenticity of the
video was widely doubted by local observers, many of whom believed the
weapons had been planted by police, who then staged the filming of the
``discovery.'' The human rights defender also questioned the official
version of events. The opposition consistently denied that it had any
weapons at Freedom Square.
According to official information released by the Ministry of
Health shortly afterward, 31 persons including six police officers were
injured in the March 1-2 dispersal. Following the dispersal, the chief
of the Presidential Security Service, Grigorii Sargsian, forcibly
removed opposition leader Ter-Petrossian from the square and placed him
under de facto house arrest at Ter-Petrossian's residence in central
Yerevan.
The state of emergency decree issued by then-president Kocharian
was approved by the National Assembly late on the evening of March 1
and went into force immediately. The decree included, among other
restrictions, a ban on any type of public gatherings, strikes or other
actions that could stop or suspend the activities of organizations and
limits on the movement of individuals and the means of transportation.
The decree officially applied only to Yerevan, however many of its
provisions, including the ban on gatherings, were de facto implemented
in other regions as well. Authorities insisted that the state of
emergency was necessary in order to restore law and order in the
capital and the country as a whole.
Following the March 1 events, authorities effectively sealed off
Freedom Square using a heavy police and military presence to deter and
prevent assembly of opposition protesters there. In June, authorities
denied a political opposition request to hold a rally in the square,
citing a children's fair that would be taking place at that time. The
fair occupied the square for the remainder of the summer. In September
authorities began a major construction project to build a parking
garage under the square. Local observers viewed these actions as
pretexts to deny political demonstrators access to the square.
On March 4, the Helsinki Citizens Assembly (HCA) in Vanadzor was
denied permission to hold rallies in Vanadzor in the period from March
6-8 to discuss the March 1 events. The municipality rejected the
application, stating that that the rally would cause unexpected
circumstances that could jeopardize the health and life of people. On
March 20, the administrative court upheld the decision of the
municipality.
On March 18, the campaign office of Levon Ter-Petrossian declared
in a statement that opposition activists who had been prohibited from,
or detained upon, gathering in public demonstrations were forced by
police to sign documents in which they undertook not to attend future
rallies or marches.
On March 20, the last day of the state of emergency, then-president
Kocharian warned that, according to his instructions, police would
``take strict measures'' against protesters. Kocharian also stated that
authorities would not sanction rallies for some time after the end of
the state of emergency. On March 21, the first day after the state of
emergency ended, approximately 2,000 protesters attempted to march in
downtown Yerevan. The police blocked their procession and used force to
stop the march.
After the lifting of the state of emergency, protesters gathered
regularly for evening ``political promenades'' on an avenue adjacent to
Freedom Square. For the first several days of promenades, police
periodically used force to disperse the assembled crowds and
temporarily detained dozens of protesters.
Following the March 12 arrest of opposition supporter MP Sasun
Mikaelian, regular protests began in Mikaelian's home village of
Vanatur, including 10 persons who went on hunger strike. On April 7,
police used force to disperse the hunger strikers and reportedly took
them away to an undisclosed destination in the nearby city of Hrazdan.
On April 8, several dozen opposition supporters clashed with police in
Hrazdan to demand to know the detained hunger strikers' whereabouts;
approximately 70 Vanatur residents gathered the next morning to demand
their release. All of the hunger strikers were subsequently released
the next day. According to the opposition, seven of the protesters who
pressed for the hunger strikers' release were each fined 50,000 drams
(approximately $165) for violating the regulations on conducting public
events.
On June 20, in his first major public outing after the March 1
events, Levon Ter-Petrossian held an unauthorized rally in downtown
Yerevan that authorities had indicated they would prevent. Riot police
positioned at the site left the venue as the rally started. The rally
proceeded peacefully after accessing electricity for the sound
equipment, which reportedly had been cut. On June 28, Ter-Petrossian
held an officially sanctioned rally in Gyumri, the first instance of
permission granted to him after more than 40 requests, which was
monitored but not disrupted by police.
On July 2, a group of alleged supporters of Gagik Beglarian, the
prefect of Yerevan's Kentron district, and Mher Sedrakian, the prefect
of the Erebuni district, insulted and beat peaceful protesters who had
launched a sit-in on Yerevan's Northern Avenue to protest the detention
and imprisonment of the opposition activists. Police officers, who were
present at the scene, did not intervene and reportedly prevented
reporters from taking photographs of the incident. Beglarian later
denied any responsibility for the clash, claiming the beating had been
a provocation orchestrated by the protesters themselves.
On July 10, Yerevan's municipality banned a rally which Zhirayr
Sefilian, an opposition activist released from jail on June 9, had
planned to hold on July 17. According to Sefilian, Yerevan's
municipality banned the rally based on police claims that protesters
intended to provoke clashes with law-enforcement representatives.
In the morning of August 25, approximately 50 police officers
raided Northern Avenue, the scene of an ongoing sit-in by opposition
supporters, where they confiscated posters and other materials. The
following afternoon, police detained six opposition members at the
scene after discovering pro-Ter-Petrossian graffiti painted on the
ground. According to one news report, one of the detainees was a minor
who was released immediately, while others were taken to the police and
released later in the evening. On September 9, police officers used
force to disperse opposition supporters gathered on Northern Avenue.
Six persons who had declared hunger strikes to urge the release of
those they considered to be ``political prisoners'' were taken to
police.
In an October 2 decision citing ongoing construction in the area,
the Yerevan municipality banned a rally requested by the opposition to
be held on Northern Avenue on October 17. Following an appeal to the
administrative court, the court ruled that the rally could be held at
an alternative venue, but banned the march afterwards. On October 15,
riot police forcibly dispersed approximately 30 young opposition
activists who were marching in downtown Yerevan to promote the October
17 rally. The ombudsman, who had sent his representatives to the scene,
criticized the police actions in a statement issued later that day.
In addition to open air gatherings, the Government also at times
restricted citizens' rights to hold closed door meetings. On December
3, a group of local NGOs distributed a statement stating that during
the year, civil society groups had repeatedly been denied the right to
conduct meetings, discussions, and film screenings on social and
political issues. According to the statement it had become common
practice for hotels, cinemas, and business centers to refuse rental of
space to civil society organizations critical of the Government,
current events, or political conditions. The NGOs stated that some
hotels had stated that they were instructed by authorities not to rent
halls for any event that might be considered political, and that they
were instructed to check with designated officials on a case-by-case
basis. These claims were corroborated by employees of several hotels.
Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected it in practice.
However, registration requirements for all political parties,
associations, and secular and religious organizations remained
cumbersome. The law stipulates that citizens have the right to form
associations, including political parties and trade unions, except for
persons serving in the armed services and law enforcement agencies.
c. Freedom of Religion.--The constitution provides for freedom of
religion; however, the law places some restrictions on the religious
freedom of adherents of minority religious groups. The Government
generally did not enforce existing legal restrictions on religious
freedom. The Armenian Apostolic Church is considered the national
church and enjoys some privileges not available to other faiths. The
law does not mandate registration of NGOs, including religious groups.
However, only registered organizations have legal status and may
publish more than 1,000 copies of newspapers or magazines, rent meeting
places, broadcast programs on television or radio, or officially
sponsor visas for foreign visitors, although there is no prohibition on
individual members doing so. There were no reports of the Government
refusing registration to religious groups.
While the law prohibits ``proselytizing'' as well as foreign
funding for foreign-based churches, neither restriction was enforced in
practice.
Although the law provides for alternative service for conscientious
objectors, the military services themselves administer the alternative
service, and members of Jehovah's Witnesses refused the alternative
program for that reason. Since 2005 there have been no applications for
alternative service by an Armenian citizen. According to lawyers for
Jehovah's Witnesses, by the end of the year, 81 of the group's members
were serving prison sentences for evading alternative service. One
additional person had received a suspended sentence. Jehovah's
Witnesses complained about the length of court-ordered sentences for
evasion of alternative service.
On July 28, following mediation by the human rights defender, the
military commissar sent a letter to the Jehovah's Witnesses informing
them that he had instructed all commissariats to register and to
provide passports to all persons who had been prosecuted for evading
military service for conscientious reasons and who had served their
prison sentences. The letter stated that the Ministry of Defense and
the military prosecutor did not object to the registration of these
citizens. The Jehovah's Witnesses reported improvement in military
commissariats' treatment of Jehovah's Witnesses, especially in the
issuance of documents after completion of prison sentences.
Societal Abuses and Discrimination.--Societal attitudes toward most
minority religions were ambivalent. Television outlets disparagingly
labeled denominations other than the Armenian Church as ``sects'' in
their broadcasting and aired negative programs about them.
According to observers the general population viewed nontraditional
religious groups with suspicion and expressed negative attitudes about
members of Jehovah's Witnesses because of their proselytizing practices
and refusal to serve in the armed forces. Members of Jehovah's
Witnesses continued to experience occasional societal discrimination.
Jewish community leaders estimated the community's size at between
500 and 1,000 persons. There is a resident rabbi and one synagogue.
There were no reports of anti-Semitic violence or vandalism during the
year. In December 2007 Jewish community members discovered a small
swastika drawn on the Hebrew side of the Joint Tragedies Memorial.
In the days prior to the February 19 presidential election, an
anonymous antiopposition organization distributed a DVD in Yerevan that
contained anti-Semitic claims, epithets, and innuendo against
presidential candidate Levon Ter-Petrossian. The allegations cast
aspersions on the candidate's Jewish wife and alleged that he was
collaborating with the Israeli government and others in a ``Zionist
plot'' to undermine the state. Some of the video was shown on a private
television channel that had a national viewing audience.
Throughout the year, progovernment Hayots Ashkharh daily continued
to publish negative articles about the Jehovah's Witnesses. The
articles presented the group as a sect endangering the security of the
state and calling for their expulsion from the country. They also
called for tougher punishment for evasion of alternative service by
conscientious objectors.
According to a police report, on July 13, a 53-year-old Yerevan
resident attacked two Jehovah's Witnesses while they were preaching.
According to the Jehovah's Witnesses, on December 19, the attacker,
Hayk Elizbarian was found guilty on charges of insulting, threatening,
and beating the victim and was fined 150,000 drams (approximately
$490).
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--While the law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, there were some restrictions in practice. The Government
cooperated with the UN High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in providing protection and assistance to
refugees, internally displaced persons (IDPs), stateless persons, and
asylum seekers.
In order to leave the country on a temporary or permanent basis,
citizens must obtain an exit visa. Exit visas for temporary travel out
of the country may be routinely purchased for approximately 1,000 drams
(approximately $3) for each year of validity. Following leadership
changes in the police passport and visa agency, exit visas were
routinely provided within one day of application. In October, the
Government abolished the requirement for emigrants to deregister
themselves from the civil registry, which had widely been viewed as an
onerous process that was subject to extensive corruption.
Freedom of movement of citizens within the country was restricted
by the president's state of emergency decree adopted on March 1. During
the year there were numerous reports that citizens residing outside of
Yerevan were restricted from attending opposition rallies held in the
capital.
The law does not prohibit forced exile, but there were no reports
that the Government used it.
Internally Displaced Persons (IDPs).--The Norwegian Refugee Council
(NRC) found in a 2005 study (the last year for which figures were
available) that 8,399 IDPs resided in the country in 2005.
During the country's war with Azerbaijan over Nagorno-Karabakh, the
Government evacuated approximately 65,000 households from the border
region, but most have since returned to their homes or settled
elsewhere. Of the remaining IDPs, almost two-thirds could not return to
their villages, which were surrounded by Azerbaijani territory, and
others chose not to return due to socioeconomic hardships or fear of
landmines. The Government afforded full citizenship rights to IDPs but
did not have programs to help integrate them; however, international
organizations supported their adjustment.
On September 25, authorities approved a program to assist in the
resettlement of 626 families that were displaced during the Nagorno-
Karabakh conflict.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status to persons in accordance with the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol,
and the Government has established a system for providing protection to
refugees. The Government granted refugee status and asylum during the
year; however, many asylum requests remained undecided with applicants
complaining of long processing delays, and in some cases
discrimination, by the authorities based on their country of origin.
In practice, the Government provided protection against the
expulsion or return of refugees to a country where their lives or
freedom would be threatened. The Government also provided temporary
protection during the year to persons who may not qualify as refugees
under the 1951 convention and the 1967 protocol.
As of November 1, a total of 190 persons applied for asylum and the
Government granted temporary asylum to 68 persons and refugee status to
one person. Other cases were under review at year's end.
There was an established procedure for granting asylum which
included amnesty for the illegal entry of an asylum seeker and access
to the territory for individuals seeking asylum. However, some delays
and difficulties with refugee processing at airports and land borders
arose due to frequent rotations of inexperienced border officials and
little training on asylum procedures.
Due to a lack of institutional capacity, the Government often
struggled to integrate asylum seekers into society once they were
granted permanent residency status. Temporary housing for refugees and
asylum seekers was often inadequate in supply and in poor condition.
During the year the UNHCR implemented an intensive program to train
border guards. International organizations asserted that Russian border
guards, who operated under an agreement between the country and Russia,
usually came into first contact with potential asylum seekers at the
country's borders with Turkey and Iran and sometimes at the main
international airport in Yerevan and often refused them entry without
informing either the Government or the UNHCR. During the year some
Russian guards were phased out at the Yerevan airport, but the
percentage of Russian border guards remained at approximately 18
percent due to increasing numbers of unstaffed positions normally
filled by border guards from the country.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Although the law provides citizens with the right to change their
government peacefully, that right was restricted in practice due to
repeated, significant flaws in the conduct of elections at the national
and local levels.
Elections and Political Participation.--The conduct of the February
19 presidential election was significantly flawed. Problems included
favorable treatment of the Government's candidate, instances of ballot
stuffing, vote-buying, multiple voting, voter intimidation, violence
against and intimidation of opposition commission members, proxies and
reporters, restriction of their civil and political rights, and
suspiciously high turnout figures.
On February 24, the Central Election Commission (CEC) declared that
Prime Minister Serzh Sargsian won the election with 52.8 percent of the
votes. Levon Ter-Petrossian, the second-place candidate, received 21.5
percent of the votes. The remainder of the votes cast went to Artur
Baghdasaryan (16.7 percent), Vahan Hovhannisian (6.2 percent), Vazgen
Manukian (1.3 percent), Tigran Karapetian (0.6 percent), Artashes
Geghamian (0.5 percent), Arman Melikian (0.3 percent) and Aram
Harutiunian (0.2 percent).
An international election observation mission with members from
OSCE/ODIHR and a number of European parliamentary organizations
observed the February 19 election. The final OSCE/ODIHR report on the
election stated that, while it ``mostly met OSCE commitments and
international standards in the preelection period and during voting
hours, serious challenges to some commitments did emerge, especially
after election day,'' which displayed ``an insufficient regard for
standards essential to democratic elections and devalued the overall
election process.'' The lack of accountability and transparency in the
vote count and ineffective procedures for registering complaints and
appeals were also noted. Deficiencies in implementation of the election
code were also a problem. The report noted the blurring of party and
government functions in apparent violation of the law. In the
preelection campaign period, for example, media bias favored then Prime
Minister Sargsian, and numerous local government officials actively
campaigned for him, some while performing official duties. There were
also accounts of local government employees and public-sector employees
being obligated to attend the prime minister's campaign events.
Observers also noted implausibly high turnout figures at approximately
100 polling stations.
Prior to, during, and after the election campaign, which began
January 21, the opposition reported multiple cases of politically-
motivated harassment by authorities.
There were reports of persons being fired from their jobs for their
political views or activities before or after the election. The NGO
Helsinki Citizens Assembly Vanadzor reported that Arshavir Ghukasian
and Armen Hovhannisian, employees of the Lori regional administration,
were dismissed from their jobs after the election because of their
support for Ter-Petrossian. In the Shirak region, a regional political
party head reported that over a dozen members of his party, which had a
candidate in the presidential election, were dismissed from their
public sector jobs because they refused to support then-Prime Minister
Sargsian's campaign. Local government employees and public sector
workers were reportedly obliged to attend then-Prime Minister
Sargsian's campaign events under the threat of being fired or receiving
a cut in pay.
There were also reports of the misuse of government administrative
resources by then Prime Minister Sargsian's campaign prior to the
election. Authorities in Vanadzor reportedly provided free public
transportation, cancelled classes, and suspended the work of other
public institutions to ensure high turnout at a February 7 Sargsian
campaign rally.
Some opposition activists were assaulted for their campaign
activities. Prior to the February 9 rally of Ter-Petrossian, Hovhannes
Grigorian, Gevorg Zakarian and Aghvan Hakobian were posting Ter-
Petrossian campaign information in downtown Yerevan when they were
reportedly assaulted by Melik Gasparian, the Sargsian campaign manager
in Yerevan's Nor Nork district.
Parties in the political opposition reported that authorities
pressured landlords not to rent them office space during the campaign.
There were also reports that advertising companies were under pressure
not to rent billboard space to the opposition. There were also numerous
instances of campaign material for the then prime minister Sargsian
being posted in state-owned buildings, such as mayors' offices,
schools, and cultural centers. On January 28, police in the city of
Kapan reportedly used force to close Ter-Petrossian's sole campaign
office there. The Ter-Petrossian campaign leased the office in December
2007, but its owner decided to end the lease agreement despite being
paid two months' rent in advance. Ter-Petrossian's campaign manager in
Kapan stated that police ordered him and other campaign volunteers to
vacate the office despite the owner's willingness to let them stay
there two more days. Police then sealed the office.
Various campaigns reported arson and gunfire attacks on their
offices during the month prior to elections. Such incidents were
reported in Vanadzor, the Silikian district in Yerevan, Haghtanak
village (located within Yerevan's administrative boundaries), in Nor
Nork and another Yerevan district. One person was convicted for
hooliganism in connection with such an incident.
Some opposition campaign events were disrupted by violence. Three
Ter-Petrossian supporters were arrested and charged with ``collective
hooliganism'' for an alleged assault on a heckler at a Ter-Petrossian
rally in the town of Talin on January 27, and were sentenced to prison
terms of 1.5 to 2.5 years on April 15.
During a Ter-Petrossian rally in the city of Artashat on February
6, a group of government supporters threw stones and scuffled with Ter-
Petrossian's supporters, apparently in an attempt to disrupt the rally.
The Ter-Petrossian campaign filed a complaint with police, which
resulted in two persons being fined 100,000 drams (approximately $300)
each.
During a campaign rally in Freedom Square on February 3, Artur
Baghdassarian declared that he had received death threats; he suggested
the threats were politically motivated and that authorities were behind
them. According to the prosecutor general's office Artur Baghdassarian
sent his representative to the police to discuss the statement made at
the rally, but failed to provide specific information and details about
the alleged threat, thus no state protection was provided to the
presidential candidate.
According to the local affiliate of Transparency International, an
anticorruption NGO, both Serzh Sargsian and Vahan Hovhannisian spent
more money on their presidential campaigns than was allowed by the
election code.
On February 7, Levon Ter-Petrossian asked the Constitutional Court
to postpone the presidential election by two weeks, citing state
television's antagonistic coverage of his election campaign. Ter-
Petrossian sought to invoke a provision of the election code in which a
presidential election can be postponed if one of the candidates is
deemed to be facing ``insurmountable obstacles'' in getting a message
across to voters. During its preelection media monitoring, the final
OSCE/ODIHR report noted a clear imbalance in coverage of the
candidates, stating that ``in contrast to the almost exclusively
positive or neutral coverage afforded to Serzh Sargsian, Levon Ter-
Petrossian was regularly portrayed in a negative light.'' On February
11, the Constitutional Court denied the appeal, ruling that the alleged
obstacles were not insurmountable. At the same time the court stated
that Ter-Petrossian's complaints should be addressed by the National
Council for Television and Radio, the Central Election Commission and
the administrative courts. Complaints filed with each of these bodies
were reportedly refused or dismissed.
In a written statement three hours before the closing of the polls,
Artur Baghdassarian's Rule of Law party campaign headquarters stated
the voting was taking place in an atmosphere of threats and violence
and was characterized by mass ballot stuffing and other irregularities.
After the announcement of results, Baghdassarian claimed that he won
considerably more votes than were shown by the CEC due to deliberate
miscounting of ballots and other violations by election officials on
polling day. On February 20, Baghdassarian issued a statement alleging
that the election was marred by numerous falsifications, intimidation
and violence against election commission members and proxies, as well
as numerous cases of ballot-stuffing, distribution of election bribes,
open and multiple voting, and falsifications during the count. Leaders
of the Armenian Revolutionary Federation-Dashnaktsutiun party (ARF)
also expressed concern that there had been vote fraud, including
widespread vote buying, ballot-stuffing, and other violations.
The Ter-Petrossian campaign stated scores of Ter-Petrossian's
elections proxies in and around Yerevan were beaten by government
supporters after alleging voting irregularities, although independent
observers were unable to confirm such a high number of assaulted
proxies. Human Rights Watch noted 13 cases of assault on Ter-Petrossian
proxies, two opposition members of parliament, and at least two
journalists. According to Human Rights Watch, in several incidents the
assaults took place in the presence of police and polling station
officials, who did not intervene. One of the reported assaults included
the alleged kidnapping of a Ter-Petrossian proxy from a polling station
in the Yerevan suburb of Abovian. Larisa Tadevosian stated she was
driven outside of Abovian and beaten up by three men after making
allegations of fraud. She identified one of the assailants as the chief
bodyguard of Gagik Tsarukian, a wealthy businessman with close ties to
the outgoing President Robert Kocharian. The authorities launched an
investigation into the allegations, but dropped the case due to lack of
evidence. A similar incident was reported in Yerevan's northern Avan
suburb, in which two Ter-Petrossian proxies claimed to have been
kidnapped and beaten by a group of men led by Ruben Hayrapetian, a
business tycoon and reputed criminal figure with ties to authorities.
Vahagn Khachatrian, Ter-Petrossian's campaign manager in Yerevan's
Malatia-Sebastia district, stated that numerous assaults and cases of
violation fraud committed in the district were orchestrated by MP
Samvel Aleksanian, another businessman with alleged ties to
authorities.
In one of his postelection reports, alongside the mention of
assaults on opposition proxies by progovernment supporters, the human
rights defender stated that some Ter-Petrossian proxies assaulted
election officials and proxies on election day. For example, in one
polling station in the town of Maralik, Ter-Petrossian's Maralik
campaign chief and his supporters reportedly severely attacked a proxy
representing Serzh Sargsian. Harutun Urutian, the campaign chief
claimed he was trying to prevent voting violations when a scuffle broke
out. In the harshest election-related punishment meted out to date, a
court sentenced Urutian to seven years in prison for impeding the
activities of an election commission and for assault. Urutian rejected
the charges as politically motivated and appealed the verdict. On May
22, the Court of Appeals upheld the charges but shortened the prison
sentence to six years.
In the large majority of cases of alleged violence during the
election campaign and on election day, Ter-Petrossian supporters and
proxies were almost invariably prosecuted and convicted. Most
progovernment supporters and proxies saw similar charges against them
either go unpunished or they received milder punishment than Ter-
Petrossian's supporters. According to official information,
approximately 26 persons had been convicted for violence or violations
on election day, and at least two of the cases were considered by
appeals courts, which upheld the lower courts ruling. Fourteen of the
26 persons were supporters of Levon Ter-Petrossian; nine of the 14 were
convicted to prison terms ranging from one-and-a-half to six years. Out
of the five election commission officials convicted for their behavior
on election day, two were sentenced to prison.
Approximately 17 percent of the international election mission
observers reported significant procedural errors in the vote, mostly
after the opening of ballot boxes. In 21 percent of polling stations
visited, the number of votes per candidate was not announced and in 10
percent there were inconsistencies in determining valid votes. Other
problems included failure of precinct commissions members to showing
marked ballots to observers present; placing ballots on the wrong
candidate piles; signing protocols before completion of the count;
signing blank protocols; indications of ballot box stuffing; and
attempts to impede observers. Domestic observers or proxies were not
afforded a clear view of the vote count at approximately 10 percent of
polling stations visited. In eight polling stations, observers saw
deliberate data falsification.
According to the CEC, recount requests were filed in 25 territorial
election commissions (TECs) regarding 159 precinct election commission
(PEC) results. According to the opposition, TECs rejected 34 requests
without sufficient cause. One candidate, Aram Harutiunian (who received
just 0.2 percent of the vote), requested 27 recounts, some of which
were filed right after midnight on February 20 before other candidates
filed requests. Because territorial election commissions generally
conducted recounts according to the time a request was filed and by law
had just three days to complete recounts, some commissions were
occupied with the Harutiunian recounts and unable to conduct some
recounts requested by other candidates. Some observers believed that
Harutiuniun's requests were deliberately orchestrated as a tactic to
run out the recount clock before ballots from problematic precincts
could be recounted.
The majority of recounts witnessed by international observers
showed discrepancies and mistakes in the original count, some
significant. Other serious problems occurred during recounts that
raised questions about the honesty and political impartiality of
precinct and territorial commissions. In Davitashen, Yerevan,
territorial commission officials procrastinated in the recounting
ballots of polling stations, as key officials absented themselves from
the proceedings without reason and other officials insisted nothing
could be done without them. After a three hour hiatus in the recount, a
group of thugs entered the premises and forced commission members,
candidate proxies, journalists, observers from OSCE/ODIHR and
diplomatic representatives to leave the building while police officers
passively stood by. By the end of the year, no action had been taken
against officials who delayed the recount or against police who allowed
the illegal disruption of the vote recount. None of the persons who
interrupted the recount were identified or arrested.
Despite multiple changes to the election code shortly before the
election campaign began, important shortcomings remained. In an
overwhelming majority of election commissions, the key leadership
positions were held by progovernment appointees, which raised concerns
over the independence and impartiality of the administration of
elections. There was also no separation between the Government and the
ruling party during the presidential election, which resulted in
unequal campaign conditions for the nine presidential candidates.
Two appeals were filed against the election results at the
Constitutional Court, one by Levon Ter-Petrossian and the other by
Tigran Karapetian. On March 8, the court upheld the election results
but criticized the National Committee of Television and Radio and the
CEC for not taking actions to ensure unbiased media coverage, as
prescribed by law. However, the court found that their inaction did not
affect the election outcome and ruled that inaccuracies in some
precinct election result protocols could not affect the results of the
election.
The state of emergency imposed on March 1, among other
restrictions, banned ``political propaganda'' through leaflets or other
means without permission from relevant state bodies and temporarily
suspended the activity of political parties and other public
organizations that could impede the elimination of the circumstances
that served as the grounds for declaring the state of emergency.
There were 11 women serving in the 131-seat National Assembly,
including one of two deputy speakers, as well as two women appointed to
the Government cabinet, and one female governor.
There were no members of ethnic minorities in the National Assembly
or government cabinet, nor did any members of ethnic minorities
participate in the presidential election.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials frequently engaged in
corrupt practices with impunity. Corruption was widespread on all
levels and in all sectors. The World Bank's Worldwide Governance
Indicators reflected that corruption was a serious problem. The public
rarely protested corrupt practices, such as routine bribe-paying, and
appeared to be aware of the problem's prevalence.
Financial disclosure laws cover public officials and their family
members. However, according to a 2006 report by the Anticorruption
Network for Eastern Europe and Central Asia of the Organization for
Economic Cooperation and Development, the declaration was a formality,
and there are no mechanisms in place to verify the declaration
information, which was not fully accessible to the public. While
individuals with annual incomes above 8 million drams (approximately
$26,000) as well as state officials, were required to submit income tax
declarations beginning April 15, the Government had not established
mechanisms to implement the requirement by year's end.
Government programs to curb corruption were largely inactive during
the year. The Governmental Anticorruption Strategy Monitoring
Commission (ACSMC) and Anticorruption Council met only sporadically
during the year, in apparent violation of its own regulations. In
December 2007, the council approved a nine-month timetable for drawing
up an anticorruption strategy for 2008-12. By the end of the reporting
period, four of the five planned chapters of the strategy had been
drafted. Drafts of the four chapters completed to date were widely
distributed during the year, and the NGO Freedom of Information Center
Armenia posted the completed chapters of the strategy on its website.
Public consultations on the strategy were held in three of the
country's 11 regions as well as in Yerevan during the year.
There were some improvements, including a decline in incidents of
corruption and increased transparency, in the operations of the police
passports and visas department (OVIR) following the removal of its
chief on July 7 and the appointment of a new chief, Norayr
Mouradkhanian, on July 9. On June 26, Prime Minister Sargsian called
corruption ``the number one problem'' facing the country and identified
the passport service as ``one of the most corrupt government
agencies.''
According to official statistics, authorities investigated 173
corruption cases during the first 11 months of the year, of which 57
cases against 75 persons (including 57 officials) were sent to the
courts. The Special Investigative Service investigated 34 officials
under corruption charges, the majority of whom worked in the police
forces or the Ministry of Justice. Most of these officials were section
heads or low-level officials. The disposition of these cases by the end
of the year was unknown.
On September 17, the Audit Chamber of the National Assembly
reported that violations and abuses of the state budget amounted to
over 1.3 billion drams (approximately $4.3 million) during the first
half of the year, mainly involving construction. The chamber's chair,
Ishkhan Zakarian, stressed that damage to state budget should be
compensated and the guilty parties punished.
On September 24, the Audit Chamber of the National Assembly
announced the results of oversight investigations in the Syunik region.
According to the chamber's chair, Syunik's governor and regional
government officials under his supervision embezzled 575 million drams
(approximately $1.9 million) in public funds and property. The chamber
found that approximately one-third of this amount was misappropriated
by officials in the regional administration, who inflated the cost of
procurements and failed to properly use government funds earmarked for
construction, and that the mayors of towns and villages embezzled even
larger sums through similar schemes. The chamber's chair alleged that
the mayor of Syunik's capital, Kapan, sold 5,200 square meters of
public housing for as little as 3,500 drams ($12) and stated that he
would forward the case to state prosecutors after the chamber completed
its inspections in Syunik.
While the law provides for public access to government information,
in practice the Government rarely provided such access. By the end of
the year, the Government had not yet adopted the legal regulations
required by, and supplementary to, the 2003 Freedom of Information Law,
on the aspects of collection and provision of information. Officials
cited the absence of these regulations when refusing to provide
information. NGOs were more successful in gaining access to information
through the courts.
On April 10, the NGO Freedom of Information Center published the
results of a survey on journalists' access to information which cited
access to official information as a serious problem. The survey claimed
the biggest obstacle in obtaining official information was the
mentality of officials, who viewed the information at their disposal as
their private property. Other obstacles included the absence of formal
procedures for storing and providing information, as well as the low
level of awareness of their rights among journalists.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restrictions, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views.
During the year independent local religious and human rights
organizations and local affiliates of international organizations
operated in the country. Government authorities generally did not deny
requests to meet with domestic NGO monitors and followed some NGO
recommendations, particularly those related to social welfare,
education, or involving local matters.
The human rights defender is mandated to protect human rights and
fundamental freedoms from abuse by the national, regional, and local
governments or their officials. During the first half of the year the
human rights defender's office received written complaints from more
than 1,662 citizens; the office resolved 48 of these complaints, with
87 persons reportedly receiving redress for their grievances.
On March 3, the human rights defender issued a statement on the
March 1 political violence that questioned authorities' use of lethal
force against opposition protesters. The statement suggested that
clashes between security forces and protesters resulted from the
violent dispersal of demonstrators from Freedom Square earlier that day
and called on authorities to answer allegations that protesters were
attacked without warning and explain why security forces hindered the
media from reporting the incident. The defender also criticized state-
controlled media for presenting only the official version of events. On
March 5, then-president Kocharian criticized the human rights
defender's assessment as well as the defender personally, asserting
that the defender did not understand what he was talking about.
Kocharian also warned the defender that every state official must
remember that they work for the country and ``not Strasbourg,'' in
reference to the seat of the European Court of Human Rights.
On April 25, the human rights defender released a more extensive ad
hoc report on postelection developments, in which he again questioned
the official version of the March 1 events as well as the legality of
the actions taken by then-president Kocharian and law enforcement
bodies, and called for an independent investigation into the March 1
events.
In response to the April 25 report, the prosecutor general and the
minister of justice rejected the ad hoc report's assertions, and
various officials appeared on television to criticize the human rights
defender, blaming him for taking sides and alleging that he had
exceeded his mandate by issuing the ad hoc report. On June 5, the
National Assembly's committees on human rights and European integration
held hearings on the report, during which the human rights defender
criticized the prosecutor general and Justice Minister for
misrepresenting the content of the report and for refusing to answer
questions about the March 1 unrest.
During the year authorities did not provide access to case
materials and results of forensic examinations to the families of the
March 1-2 victims. On June 26, authorities recognized those killed as
``victims'' or ``injured parties'' and their family members as legal
heirs, which legally entitled them to access investigation materials
into the deaths, but this access was not granted in practice. An
independent May 7-12 inquiry into postelection events conducted by a
Paris-based association of Armenian lawyers (AFAJA) suggested that
families of these victims were subjected to various pressures by
authorities and were allegedly offered financial compensation ``to turn
the page'' and cover the funeral expenses.
On May 21, Tigran Urikhanian, the leader of a marginal political
party, assaulted and shot Mikhail Danielian, the head of the NGO
Helsinki Association, with an air gun. Danielian sustained light wounds
in the attack. Despite numerous witnesses to the incident, authorities
had not prosecuted Urikhanian by year's end. According to the
prosecutor general's office, a criminal case on charges of hooliganism
was launched to investigate the argument between Urikhanian and
Danielian, however, the status of Danielian and Urikhanyan within the
criminal case was unclear at year's end.
On May 28, Arsen Kharatian, a member of the proopposition HIMA
youth civic initiative movement that emerged following the disputed
presidential election, was attacked and severely beaten by three
unknown individuals. Kharatian believed he was targeted for his public
activities and political views. After the March 1 events, Kharatian had
been detained twice while participating in political promenades; he was
released the same day on both occasions. On September 28, the
investigation was suspended; the assailants were not identified.
On June 25, two unknown men assaulted 20-year-old Narek Hovakimian,
an active member of HIMA. Hovakimian, who was hospitalized with head
and stomach injuries told the press that he was convinced the attack
was politically motivated. On August 26, the investigation was
suspended; the assailants were not identified.
The Government generally cooperated with international NGOs,
permitting them to visit prisons and, in the case of the ICRC, all
detention centers in the country.
After the May 2007 elections, the new parliament established a
Standing Committee on Protection of Human Rights and Public Issues.
Human rights NGOs viewed the committee with skepticism due to its
unclear mandate and apparent lack of concrete activity.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status; in practice, however,
there was societal discrimination against women, ethnic and religious
minorities, persons with disabilities, and homosexuals.
Women.--Rape is a criminal offense and carries a maximum penalty of
15 years' imprisonment. There are no explicit laws criminalizing
marital rape. During the year authorities launched 20 criminal cases
against 15 persons on cases of rape and attempted rape; however, social
stigma contributed to the underreporting of those crimes. Authorities
convicted 11 out of these 15 individuals for rape or attempted rape;
the disposition of the other cases was unclear at year's end.
There is no law against domestic violence. Few cases of spousal
abuse or other violence against women were reported during the year,
although such violence was widespread. In a May 2007 survey
commissioned by the Women's Rights Center, 66 percent of the
respondents acknowledged that family members subjected them to
psychological abuse and 39 percent considered themselves victims of
either moderate or severe physical abuse. Most cases of domestic
violence were not reported to police because victims were afraid of
physical harm, were apprehensive that police would return them to their
husbands, or were embarrassed to make family problems public.
In November, Amnesty International issued a report on domestic
violence in the country noting that all domestic violence shelters,
with the exception of one, have been forced to close due to funding
problems. Prior to their closure, the NGO-operated shelters offered
refuge and assistance, including psychological and legal counseling to
domestic violence victims.
On April 30, the Council of Europe's commissioner for human rights,
Thomas Hammarberg, issued a report on the human rights situation in the
country based on his visit in 2007. The report noted there was a police
unit that specialized in domestic violence, but that police attention
to the problem continued to be inadequate. NGOs reported that police
officers were reluctant to communicate with female victims. The number
of female police officers continued to be insufficient.
Prostitution and sex tourism are legal, but operating a brothel is
prohibited and engaging in other forms of pimping are punishable by one
to 10 years' imprisonment. According to media reports, there were fewer
than 5,000 women involved in prostitution in the country, approximately
1,500 of whom were in Yerevan. Police and other security forces
reportedly tolerated prostitution.
The law does not specifically prohibit sexual harassment, although
it addresses lewd acts and indecent behavior. Sexual harassment
appeared to be widespread, especially towards younger women and women
who worked in the public sector.
Men and women enjoy equal legal status, although gender and age
discrimination were continuing problems in the public and private
sectors. Women generally were not afforded the same professional
opportunities or wages as men, and often were relegated to more menial
or low skill jobs. Authorities asserted that women constituted half of
all public servants and received the same pay as men.
Children.--The Government was committed to protecting children's
rights and welfare, but it did not allocate sufficient resources to
fulfill this commitment.
Observers indicated that parents, particularly the poorest and most
socially disadvantaged, were unable to register their children at
birth, thereby potentially depriving them of essential social services
and increasing their children's vulnerability.
Many educational facilities were severely underfunded and in poor
condition, although major renovation works were initiated with
government and foreign funding. Access to education in rural areas
remained difficult, and work in the fields during harvest season took
precedence over school for many children. Lack of funding to provide
heat prompted school officials in many areas to extend winter school
breaks by as much as an additional month. Many teachers solicited
bribes from parents in return for good or passing grades.
Severe disparities remained in both primary and secondary education
in the country between gender, regions, and income. Dropouts after
basic education were substantial, especially among poor students.
According to the State Statistical Service, 13 percent of children aged
15-16 were not attending school in 2006, the most recent year that
statistics were reported.
Attendance rates among children in the Yezidi ethnic minority
continued to be lower than average, partially due to economic reasons,
a lack of Yezidi teachers and textbooks, and the early removal of
teenage girls from schools for marriage. In 2007 new Yezidi language
textbooks, as well as Assyrian language texts, were used in ethnic
minority schools around the country.
Free basic health care was available to boys and girls through age
18 but often was of poor quality, and officials often required overt or
concealed payment for services.
There were reports that girls were trafficked for commercial sexual
exploitation.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however there were reports that persons were trafficked to
and from the country. There was no credible data as to the real extent
of the problem.
The country is a source and transit point for women and girls
trafficked primarily for sexual and, to a lesser extent, labor
exploitation to the United Arab Emirates and Turkey. There were also
reports that men were trafficked to Russia for forced labor in the
construction sector. There were reports of trafficking victims from the
country registered in West European countries. There was one report of
internal trafficking of a minor. The country was also a destination for
a group of trafficked persons from other countries that were formerly
part of the Soviet Union.
According to the Prosecutor General's Office, during the year at
least 40 persons were victims of trafficking. The Prosecutor General's
Office also reported that 24 persons were victims of pimping during the
year, including 23 exploited within the country and one exploited in
Turkey.
Traffickers, using developed networks in source and destination
countries, typically recruited victims who were already engaged in
prostitution. The majority, but not all, of the identified victims were
aware that they would end up in the sex industry in other countries;
however, they were unaware of the traffickers' intent or the
exploitative circumstances they would face abroad. Once in the
destination country, victims were deprived of their travel documents,
locked in hotel rooms, and told that they must ``repay'' their
expenses. The initial consent of the victims contributed to
authorities' difficulty in identifying cases of trafficking. In most
cases, victims left the country with valid documents after which the
traffickers provided them with forged documents in a transit country.
According to local observers, traffickers occasionally refrained from
violence against victims and used more subtle means to exercise
control. There were reports that traffickers encouraged victims to
become recruiters, promising them that they could keep a percentage of
their recruits' earnings.
Women engaged in prostitution, orphans who had outgrown their
institutions, homeless or divorced women, and women in difficult
financial situations were at greatest risk of being trafficked. There
were some reported incidents of physical violence against trafficking
victims.
Trafficking in persons is punishable by three to 15 years'
imprisonment, depending on the presence of aggravating factors such as
the death of the victim or the involvement of a minor. Traffickers are
eligible for early release from prison after serving half of their
sentences, and in the past such releases have been routinely granted.
According to the prosecutor general's office, courts convicted
persons during the year under the trafficking statute and 13 persons
under the pimping statute. Experts noted that inconsistent application
of the two statutes continued to be a problem during the year.
In July, police uncovered a large group of trafficking victims from
Russia who were exploited in local night clubs as exotic dancers. The
recruiter, a Russian citizen, and her accomplices were apprehended. The
investigation of the case was ongoing at year's end.
The Ministerial Council to Combat Trafficking in Persons, chaired
by the deputy prime minister, is responsible for implementing,
coordinating, and monitoring the Government's antitrafficking efforts.
In December 2007, following extensive discussions with foreign
governments and NGOs involved in antitrafficking programs, the
Government approved a 2007-09 national action plan to combat
trafficking in persons.
The police, the NSS, and the prosecutor's office were responsible
for investigation and prosecution of trafficking. The Government
actively cooperated with several trafficking destination countries and
regularly shared information with them.
Previous allegations of official complicity in trafficking
continued to harm the credibility of the Government's antitrafficking
efforts. Some observers asserted that agreements between corrupt court
officials and traffickers were also common.
By year's end no officials had been prosecuted in connection with
the 2006 escape from the country of convicted Uzbek trafficker Anush
Zakharyants. An official investigation into the escape had resulted in
the dismissal of two senior inspectors of the border oversight
department, and the head of the border oversight department, Lieutenant
Colonel V. Poghosian, was reprimanded. On December 18, in connection
with the escape of Zakharyants, the Government launched a new criminal
case into the circumstances of Zakharyants' illegal crossing of the
border.
Upon their return to the country, many trafficking victims feared
social stigma and discrimination and were reluctant to help locate and
prosecute their traffickers. Government officials did not require
victims to assist in pursuing traffickers but worked with the ones who
were willing to do so. NGOs reported that judges' treatment of victims
has improved in recent years.
Several NGOs assisted trafficking victims, many of whom were
referred to them by the Government. Two hotlines were also available
for trafficking victims. Antitrafficking NGOs operated without
financial assistance from the Government and depended on foreign
government funding. At the end of the year, however, the Government
approved five line items in the national budget directed at combating
trafficking in persons, including a trafficking victims' shelter.
On November 20, the Government approved the National Referral
Mechanisms (NRM) for use by public officials to help refer trafficking
victims for assistance. According to local observers, however, the
referral mechanism appeared to place disproportionate focus on helping
law enforcement agencies locate and punish traffickers rather than
providing assistance to victims. The level of assistance to the victim
prescribed in the NRM depends on the level of cooperation with the law-
enforcement bodies.
NGOs, international organizations, and the Government conducted
trafficking prevention activities, mainly through educational and media
programs to raise public awareness of the problem.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and the provision of other state services; however,
discrimination remained a problem. The law and a special government
decree provide for accessibility to buildings for persons with
disabilities, but in practice very few buildings and other facilities
were accessible to them.
According to media reports, institutionalized patients often lacked
medication and received substandard care. On July 28, Armenianow.com
published a Helsinki Citizens Assembly Vanadzor survey of patients at
the Vanadzor Neurological and Psychiatric Clinic. Patients reported
beatings, torture, and abusive narcotic sedation by sanitary personnel
and medical staff. Patients complained of deprivation of privileges and
insufficient food.
Hospitals, residential care, and other facilities for persons with
serious disabilities were substandard. According to official data, as
of July 2007 over 90 percent of persons with disabilities who were able
to work were unemployed.
On October 7, the National Library opened a special reading hall
for persons with visual disabilities. The Government also installed
special computer software in the National Library and the Syunik
regional library in order to provide internet access to persons with
visual disabilities.
The Ministry of Labor and Social Affairs is responsible for
protecting the rights of persons with disabilities but did not do so
effectively.
Other Societal Abuses and Discrimination.--Persons who were openly
gay were exempted from military service, purportedly because of concern
that they would be abused by fellow servicemen. However, the legal
pretext for the exemption was predicated on a medical finding of gays
possessing a mental disorder, which was stamped in their documents and
could affect their future. General societal attitudes towards
homosexuality remained unfavorable.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
Many employers reportedly discriminated against potential employees
by age, most commonly requiring that job applicants be between the ages
of 18 and 30. After the age of 40, workers, particularly women, had
little chance of finding jobs that were appropriate to their education
or skills.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers, except for
those serving in the armed services and law enforcement agencies, to
form and to join independent unions of their choice without previous
authorization or excessive requirements; in practice, however, most
workers did not exercise this right. Labor organizations remained weak
because of employer resistance, high unemployment, and poor economic
conditions. The Confederation of Labor Unions (CLU) estimated that, as
of February, there were 240,000 members in 24 trade unions, which
constituted roughly 20 percent of the workforce. There were additional
labor unions that did not belong to the CLU. Labor unions were
generally inactive, with the exception of those connected with the
mining industry. However, some mining enterprises, including some
financed by foreign capital, discouraged employees from joining labor
unions with the implied threat of loss of employment.
The law allows unions to conduct their activities without
government interference. The law provides for the right to strike,
except for members of the armed services and law enforcement agencies,
but workers rarely went on strike due to the fear of losing their jobs.
The law also prohibits retaliation against strikers, although it
sometimes occurred.
b. The Right to Organize and Bargain Collectively.--Although the
law provides for collective bargaining, in practice there was only one
collective bargaining agreement reported during the year. Factory
directors generally set pay scales without consulting employees. As of
January, newly established courts of general jurisdiction arbitrated
labor disputes.
There were no reports of antiunion discrimination.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced and compulsory labor, including by children; however, there were
reports that women and girls were trafficked for commercial sexual
exploitation and labor and that men were trafficked for labor.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace. The minimum age for employment is 16 but children may
work from age 14 with parental and labor union permission. The State
Labor Inspectorate is responsible for child labor law compliance, but
the inspectorate, community councils, unemployment offices, and, as a
final board of appeal, the courts, enforced the law unevenly. Children
under the age of 18 are prohibited from working overtime or in harmful
and dangerous conditions, at night, or on holidays.
According to the Employment Service Agency, some children were
involved in family businesses (mainly agriculture) as well as other
activities not prohibited by law. Observers also reported seeing
children in Yerevan selling flowers, drawings and working in local
markets after school hours. On October 30, UNICEF published the results
of a nationwide survey on child labor. According to the study less than
5 percent of children between 7 and 18 had paying jobs, not counting
those involved in family farms or businesses. The survey also found
that almost one third of working children were below the legal working
age; that most children worked without legal contracts; that some
children were employed in heavy manual work as laborers and loaders.
There was one report of an individual engaging a minor in
prostitution within the country during the year. The case was
prosecuted as ``pimping.''
The State Labor Inspectorate as well as other state agencies are
responsible for enforcing child labor laws, but did not always enforce
these laws effectively. The inspectorate, however, made little progress
toward implementing an inspection regime or the requirements of the
labor code, and its work was reportedly undermined by corruption.
e. Acceptable Conditions of Work.--The Government sets the minimum
wage by decree. The monthly minimum wage of 25,000 drams (approximately
$81), as fixed by the state budget, did not provide a decent standard
of living for a worker and family. Many private sector employees were
unable to obtain paid leave and were required to work far more than
eight hours a day. According to representatives of some employment
agencies, many employers also hired an employee for a ``probationary''
period of 10-30 days, during which the employee was not paid. Often
these employees were subsequently fired, but, because their initial
employment was illegal, they were unable to claim payment for the time
they worked. Evidence also suggested that some private sector employers
underreported the size of their staff to avoid paying taxes.
The law sets the workweek at 40 hours and provides for mandatory
vacation of 28 calendar days annually as well as overtime compensation;
however, these standards were not effectively enforced. In the mining
sector, employers allowed limited sick leave with the presentation of a
medical certificate. There were reports that employers fired employees
who took extended sick leave.
Workers had the legal right to remove themselves from work
situations that endangered health and safety, but they were unlikely to
do so because such an action would place their employment at risk. As
required by law, the Government has set occupational and health
standards. The State Labor Inspectorate is responsible for enforcing
occupational health and safety standards, but did not do so
effectively.
__________
AUSTRIA
Austria is a parliamentary democracy with constitutional power
shared between a popularly elected president and the bicameral Federal
Assembly (parliament). The country's eight million citizens choose
their government representatives in periodic, free, and fair multiparty
elections. In 2004 voters elected Heinz Fischer of the Social
Democratic Party (SPO) to a six-year term as president. Civilian
authorities generally maintained effective control of the security
forces.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. There were some
reports of excessive use of force by police and anti-Semitic incidents,
including physical attacks, property damage, threatening letters,
telephone calls, and Internet postings. There was some societal
discrimination against Muslims and members of unrecognized religious
groups, particularly those considered ``sects.'' Violence against
women, child abuse, and trafficking in women and children for
prostitution and labor also remained problems. There were incidents of
neo-Nazi and right-wing extremism and xenophobia directed against
members of minority groups.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
reports that police beat and abused persons.
In 2007 there were 1,108 public complaints against federal police
officials, including 504 charges for mistreatment. According to
government statistics, authorities ruled 192 to be ``justified'' or
``partly justified,'' while the remainder were dismissed. Disciplinary
or related measures were taken against 85 officers.
In an August report, the UN Committee for Elimination of Racial
Discrimination expressed concern over ``reports of police brutality
toward persons of African descent or from the Roma minority.''
In August the media reported two individual incidents of suspected
police mistreatment. In one case in Vienna, two police officers
reportedly beat a 45-year-old Serb sociologist in Vienna. The two
officers were suspended from duty the following day and were awaiting
trial at year's end.
In reaction to charges of police mistreatment, the Interior
Ministry in June began requiring that all such allegations be reported
to the public prosecutor within 24 hours as well as to the ministry's
internal auditing office. The allegations must also be communicated to
the ministry's Human Rights Advisory Council.
Prison and Detention Center Conditions.--Conditions in prisons and
detention centers did not always meet international standards.
Overcrowding remained a problem in some institutions. A 2006 report by
the Human Rights Advisory Council described conditions facing aliens
prior to deportation as ``questionable from a human rights point of
view,'' and, at times, ``not in conformity with human rights
standards.'' There were no indications that authorities made changes in
response to these criticisms.
Some human rights observers criticized the incarceration of
nonviolent offenders, including persons awaiting deportation, for long
periods in single cells or inadequate facilities designed for temporary
detention.
Nongovernmental organizations (NGOs) monitored prisons on a regular
basis.
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 slander laws tended to discourage
reports of police abuse.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police and army, and the
Government has effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving the security
forces during the year.
Some police violence appeared to be racially motivated. In 2007 the
Austrian chapter of Amnesty International (AI) and the UN human rights
rapporteur, Manfred Novak, again criticized as too lenient the
sentences given to four police officers who were convicted for
mistreating a Gambian asylum seeker, Bakary J., in 2006. The officers
received sentences of six to eight months in prison. Novak called for
introduction of a special torture article into the criminal code to
address the problem.
In March 2007 the Vienna police, the country's largest police
organization, installed a human rights coordinator to educate and
sensitize police officers to human rights. UN rapporteur Novak called
for more police training programs and greater independence of the Human
Rights Advisory Council.
NGOs and other groups continued to criticize the police for
targeting minorities. Racial sensitivity training for police and other
officials continued with NGO assistance. The Human Rights Advisory
Council monitored police respect for human rights and made
recommendations to the interior minister.
Arrest and Detention.--In criminal cases the law allows
investigative or pretrial detention for up to 48 hours, during which a
judge may decide to grant a prosecution request for extended detention.
The law specifies the grounds for investigative detention and
conditions for bail. The judge is required to evaluate such detention
periodically. Maximum duration for investigative detention is two
years. There is a bail system. Police and judicial authorities
respected these laws and procedures in practice.
Some human rights and judicial experts criticized the pretrial
detention of animal rights activist Manfred Balugh in 2008. Balugh was
released from preliminary detention in September after a Vienna
appellate court had ruled the duration of the detention was
``disproportionate to the charges.'' Some law experts called for a
review of an article in Austria's criminal code designed to target
collusion of suspected terrorists, but which, according to law experts,
has been improperly applied to charges not connected with terrorism.
Similarly, some law experts criticized the long length of the
prison sentence of Mona S., the wife of convicted Islamist Mohammed M.
In 2007 the couple was sentenced to prison terms of four years
(Mohammed M.) and 22 months (Mona S.) for making terrorist threats
against the Government and placing a threatening video on the Internet.
Detainees have the right to access a lawyer. While indigent
criminal suspects have the right to an attorney, an attorney may, in
accordance with the criminal procedure code, be appointed only after a
court has decided to remand such suspects into custody, i.e., 96 hours
after their apprehension. Following its most recent periodic visit to
the country in 2004, the Council of Europe's Committee for the
Prevention of Torture noted that, while some provincial bar
associations were trying to organize legal aid to indigent suspects,
there were not enough lawyers interested in criminal matters, financial
arrangements (to provide legal counsel) were inadequate, and lawyers
were not available around the clock. The committee concluded that, ``as
long as there is no effective system of free legal aid for indigent
persons at the stage of police custody, any right of access to a lawyer
at that stage will remain, in most cases, purely theoretical.''
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. A system of
judicial review provides multiple opportunities for appeal. Trials must
be public and conducted orally. Persons charged with criminal offenses
are considered innocent until proven guilty. Defendants have the right
to be present during trials. 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.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, including an appellate
system. These institutions are accessible to plaintiffs seeking damages
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.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and press, and the Government generally respected
these rights in practice. The independent media were active and
expressed a wide variety of views with a few restrictions.
The law prohibits public denial, belittlement, approval, or
justification of National Socialist genocide or other National
Socialist crimes against humanity in a print publication, in broadcast,
or in other media. The law prohibits public incitement to hostile acts
against a church, religious society, or group because of its race,
nationality, or ethnicity, if that incitement poses a danger to public
order. It also prohibits incitement, insult, or contempt against these
groups if it violates human dignity.
Strict libel laws discouraged reporting of governmental abuse. In
2006 the International Federation of Journalists and its European
regional group, the European Federation of Journalists, called on
Austrian legislators to review their libel laws after a decision by the
European Court of Human Rights (ECHR) overturned defamation judgments
brought by officials against the newspaper Der Standard. The ECHR's
decision stated that the original court's finding violated the freedom
of expression provisions of the European Convention on Human Rights to
which the country is a party.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups engaged in the peaceful
expression of views via the Internet, including by e-mail. According to
2008 data, 71 percent of the population between the ages of 16 and 74
used the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right; however,
religious minority groups widely regarded as sects complained about
second-class status.
The law divides religious organizations into three legal
categories: officially recognized religious societies, religious
confessional communities, and associations. Numerous unrecognized
religious groups complained that the law obstructs legitimate claims
for recognition and relegates them to second-class status. In July the
ECHR decided a 2003 complaint by Jehovah's Witnesses challenging the
legality of the requirement that a group must exist for 10 years before
it can be recognized by the Government. The ECHR found that this
violated the European Human Rights Convention's provisions on freedom
of thought, conscience, and religion, on prohibition of discrimination,
and on the right to a fair hearing within a reasonable time. This was
one of seven cases before the ECHR involving the country and the
Jehovah's Witnesses organization.
One of the two parties in the coalition that governed the country,
the conservative Austrian People's Party (OVP), denied party membership
to members of some unrecognized religious groups that it defined as
``cults'' (e.g., Scientologists), whose view of mankind it believed
differs fundamentally from its own, whose opinions were said to be
irreconcilable with OVP ethical principles, or that the OVP considered
opposed to basic rights granted by ``progressively minded''
constitutional states and an open society.
The city of Vienna and the Lower Austrian government funded a
counseling center run by a controversial NGO, the Society against Sect
and Cult Dangers (GSK), which actively worked against alleged sects and
cults. The GSK distributed information to schools and the general
public and offered counseling to persons who believed that sects and
cults had negatively affected their lives.
The Federal Office of Sect Issues functioned as a counseling center
for those who had questions about sects and cults. While the office is
legally independent of the Government, the minister for health, family,
and youth supervised its director. Some members of the public believed
the Office of Sect Issues and similar government offices fostered
societal discrimination against unrecognized religious groups.
Societal Abuses and Discrimination.--There was some societal
discrimination against members of unrecognized religious groups,
particularly those considered to be cults or sects. The majority of
these groups had fewer than 100 members. The Church of Scientology and
the Unification Church were among the larger unrecognized groups.
Muslims complained about incidents of societal discrimination and
verbal harassment, including occasional incidents of discrimination
against Muslim women wearing headscarves in public.
There was a public debate on the question of erecting minarets
throughout the year. Zoning laws in two provinces, Carinthia and
Vorarlberg, were amended to make it more difficult to build minarets
that ``conflict with the traditional appearance'' of towns. There was
also significant public opposition to the expansion of a Turkish Muslim
center in Vienna.
Following the elections in September, unknown perpetrators sprayed
Jewish symbols on 90 Muslim graves in Traun near Linz. Authorities
speculated but could not confirm that the perpetrators were right-wing
extremists and that the vandalism was related to the elections.
The Jewish community numbered approximately 7,700. The NGO Forum
Against Anti-Semitism reported 46 anti-Semitic incidents during the
year, including one physical attack, as well as name-calling, graffiti
and defacement, threatening letters, anti-Semitic Internet postings,
property damage, and vilifying letters and telephone calls.
The law prohibits any form of neo-Nazism or anti-Semitism or any
activity in the spirit of Nazism. It also prohibits public denial,
belittlement, approval, or justification of Nazi crimes, including the
Holocaust. The law prohibits public incitement to hostile acts against
a church, religious society, or group because of its race, nationality,
or ethnicity, if that incitement poses a danger to public order or
violates human dignity. The Government strictly enforced these laws.
The Vienna Jewish community's offices and other Jewish community
institutions in the country, such as schools and museums, received
extra police protection.
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.
An ombudsman for equality had responsibility for combating
workplace discrimination of various kinds, including against religion.
In 2007, 64 cases of discrimination based on religion were brought
before the Equal Rights Commissioner.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not use it
in practice.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government granted refugee status or
asylum. It subscribed to a ``safe country of transit'' policy, which
required asylum seekers who transited a country determined to be
``safe'' to return to that country to seek refugee status. Member
states of the European Union (EU) and other signatories to the 1951
convention were considered safe countries of transit.
Since 2006 authorities have given the appellate body for asylum
applications, the Independent Federal Asylum Senate, more resources to
help address a large backlog of cases and accelerate its proceedings.
A Council of Europe report subsequent to a fact-finding visit to
the country in May 2007 by the council's human rights commissioner,
Thomas Hammarberg, expressed concern over the treatment of asylum
seekers. In particular, the report noted critically the increasing use
of predeportation arrest for asylum seekers by authorities and
``overall conditions'' for asylum seekers. The report further
criticized inadequate legal measures to prevent racism and xenophobia.
Immediately following the December 2007 accession to the Schengen
area of countries bordering on the east of Austria, there was a surge
in the number of asylum seekers. The number of refugees at the
reception center south of Vienna increased from 300 to 700. Hundreds of
emergency beds were set to accommodate the inflow. Among them were 250
Chechens who came to Austria illegally and were already seeking asylum
in Poland; they were identified by the EURODAC fingerprinting/
registration system and returned under the Dublin Convention.
In July a new federal asylum court with a sizeable number of
additional staff was instituted to replace the Independent Federal
Asylum Senate. Rejected asylum seekers no longer have recourse to the
Supreme Administrative Court, but when they allege a breach of the
European Convention on Human Rights and Individual Freedoms, they can
appeal to the Constitutional Court. In June the Constitutional Court
upheld the right of authorities to detain asylum seekers when there was
evidence to suggest that Austria was not the country responsible for
adjudicating their asylum claims under the Dublin Convention.
The problem of drawn-out processing times and frequent appeals was
highlighted in September by the highly publicized ``saga of Arigona,''
concerning a 15-year-old ethnic Albanian from Kosovo who went into
hiding and threatened to commit suicide after her father and four
siblings, who had been living in Austria and seeking asylum since 2002,
were returned to Kosovo in close coordination with the UN.
The Government did not provide temporary protection during the year
to any individuals who did not qualify as refugees under the 1951
convention or 1967 protocol.
From 2005 to 2007, following the introduction of stricter detention
and removal policies, asylum applications dropped over 50 percent, from
22,461 in 2005 to 11,879 in 2007. The pattern continued during 2008: In
the first six months of the year, asylum claims totaled 5,344, down 6.4
percent compared with same period a year earlier. During this period
the largest groups of first-time applicants were from Serbia (580),
Moldova (540), Russia (477), Nigeria (341), and Turkey (258).
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.--The country held
parliamentary elections on September 28; there were no reports of
serious abuse or irregularities.
Political parties could operate without restriction or outside
interference.
The Federal Assembly consists of the National Council (popularly
elected) and the Federal Council (named by the federal states). There
were 52 women in the 183-seat National Council and 16 women in the 62-
member Federal Council. There were five women in the 14-member Council
of Ministers (cabinet).
There appeared to be relatively little representation of ethnic
minorities at the national level. Following the September 28 elections,
a Muslim woman entered the Federal Assembly for the Green Party.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively.
In February the former head of the Federal Crime Investigation
Office, Herwig Haidinger, publicly accused senior officials of the
Ministry of Interior of corrupt practices, including obtaining
confidential information on a banking scandal so it could be used for
political purposes, ordering police to collect information that could
be used to discredit the lawyer defending a prominent Kosovo-born
asylum applicant against deportation, misusing public funds at a Vienna
sex bar, and asking police to cover up a drunk driving incident. An ad
hoc parliamentary investigation panel failed to find conclusive
evidence to substantiate or corroborate Haidinger's charges. Haidinger
was suspended from duty in November. Meanwhile, Haidinger filed two
charges before court, one against his suspension from duty, the other
against the OVP (the party heading the interior ministry) for
accusations against him in connection with the parliamentary
investigation.
There are financial disclosure laws for public officials. The
courts are responsible for corruption cases. Parliamentary committees
oversee ethics rules for elected officials.
The law provides for full public access to government information,
and the Government generally respected this provision in practice.
Authorities may only deny access if it would violate substantial data
protection rights or would involve national security information.
Petitioners could challenge denials before the Administrative Court.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views, but some
groups were dissatisfied with the information supplied by authorities
in response to specific complaints.
The case of 95-year-old Milivoj Asner, a former police chief in
eastern Croatia indicted by Croatian authorities in 2005 for crimes
against humanity, continued to develop during the year. Asner, who
allegedly was personally responsible for the persecution and
deportation of hundreds of thousands of Serbs, Jews, and Roma to
concentration camps, lives in Austria. Croatia requested his
extradition, but an examination by an Austrian psychiatric expert found
Asner not competent to stand trial, and Austrian officials declined the
extradition request. In response to Croatian appeals, the prosecutor's
office appointed a Swiss expert to reexamine Asner. The expert
reportedly declined the appointment, and the court subsequently
requested examination by a German expert. Meanwhile, Serbian
authorities opened investigations against Asner.
Section 5. 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 provisions; however, violence
against women, child abuse, trafficking in persons, and racial
discrimination continued to be problems.
Women.--Under the law, rape, including spousal rape, is punishable
with up to 15 years in prison. The Government generally enforced the
law.
Violence against women, including spousal abuse, was a problem. The
Women's Ministry estimated that 10 percent of adult women have suffered
from violence in a relationship. However, fewer than 10 percent of
abused women filed complaints. By law police may expel abusive family
members from family homes for up to three months. In 2007 the courts
issued injunctions prohibiting abusive family members from returning
home in 6,347 cases.
The Government funded privately operated intervention centers and
help lines for victims of domestic abuse. The centers provided for
victims' safety, assessed the threat posed by perpetrators, helped
victims develop plans to stop the abuse, and provided legal counseling
and other social services. In the view of most observers, these centers
were generally effective in providing shelter for victims of abuse.
However, in September 2007 the UN Committee for the Elimination of
Discrimination Against Women criticized the Government for insufficient
measures to protect women, citing two cases in 2002 and 2003 in which
women were killed after they had filed complaints with police. In
reaction, Justice Minister Maria Berger announced measures to improve
protection of women against violence, including additional training for
law enforcement and justice personnel.
Prostitution is legal; however, trafficking, including for the
purposes of prostitution, was illegal and was a problem. Laws
regulating prostitution require prostitutes to register, undergo
periodic health examinations, and pay taxes.
There are laws prohibiting sexual harassment, and the Government
generally enforced them. Of the 3,090 cases of discrimination brought
to the ombudsman for equal treatment of gender in 2007, 389 involved
sexual harassment. The labor court can order employers to compensate
victims of sexual harassment on the basis of the Federal Equality
Commission's finding on the case; the law provides that a victim is
entitled to a minimum of 700 euros ($980) in financial compensation.
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. However, woman's average
earnings were 83 percent of those of men doing the same work. In
addition, women were disproportionately represented among those
unemployed for extended periods and were more likely than men to hold
temporary positions and part-time jobs.
Although labor laws provide for equal treatment of women in the
civil service, women remained underrepresented. The law requires the
Government to hire women of equivalent qualifications ahead of men in
all civil service areas in which fewer than 40 percent of the employees
are women, including police. There are no penalties, however, for
agencies that fail to attain the 40-percent target.
Female employees in the private sector may invoke equality laws
prohibiting discrimination of women. On the basis of the Federal
Equality Commission's findings, labor courts may award compensation of
up to four months' salary to women who experienced discrimination in
promotion because of their gender. The courts may also order
compensation for women who were denied a post despite having equal
qualifications.
Children.--The law provides for the protection of children's
rights, and the Government was committed to children's rights and
welfare. All state governments and the federal Ministry for Social
Welfare, Generations, and Consumer Protection, have ombudsmen for
children and adolescents whose main function is to resolve complaints
about violations of children's rights. The ombudsman provides free
legal counseling to children, adolescents, and parents on a wide range
of problems, including child abuse and domestic violence.
Child abuse remained a problem, and the Government continued its
efforts to monitor abuse and prosecute offenders. The Ministry for
Social Welfare, Generations, and Consumer Protection estimated that 90
percent of child abuse was committed by close family members or family
friends. Law enforcement officials noted a growing readiness to report
abuse cases. According to authorities, approximately 20,000 incidents
of abuse are reported annually. Trafficking of children remained a
problem.
There were occasional cases during the year in which child marriage
was suspected, primarily in the Muslim and Romani communities. However,
such cases were undocumented. Some male immigrants married underage
girls in their home countries and returned to Austria with them.
The law provides up to 10 years in prison for an adult convicted of
sexual intercourse with a child under 14. If the victim becomes
pregnant, the sentence may be extended to 15 years. In 2006 the
Ministry of the Interior reported 1,209 cases of child abuse, most
involving intercourse with a minor, while the Ministry of Justice
reported 570 convictions. The law provides for criminal punishment for
possessing, trading, and private viewing of child pornography.
Exchanging pornographic videos of children is illegal. A police
campaign against Internet child pornography from the fall of 2006
through August 2007 involved approximately 5,000 suspects in 106
countries. The investigation, under the name ``operation penalty,''
began following charges filed against a German Internet provider.
Austrian suspects included a medical doctor, a soccer coach, and a
teacher. In 2007 an official of the Federal Crime Office who was
suspected of having downloaded child pornography on his home computer
was suspended from office.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, persons were trafficked to, through, from, and
within the country. Women were trafficked for commercial sexual
exploitation and domestic service, and children were trafficked for
begging, stealing, and for commercial sexual exploitation.
Austria was a transit and destination country for women trafficked
from Romania, Ukraine, Moldova, the Balkans, and, to a lesser extent,
the Czech Republic, Slovakia, Hungary, Belarus, and Africa. Victims
were trafficked through the country to Spain, Italy, France, and other
EU countries. There were reports that Romani children were trafficked
to Austria from Bulgaria and Romania, although the number has decreased
substantially since 2006 as a result of government cooperation with
Romania and Bulgaria in setting up crisis centers for trafficked
children. Women were trafficked into the country primarily for sexual
exploitation. Women also were trafficked from Asia and Latin America
for domestic labor.
Vienna had the largest number of trafficking cases, although
trafficking was a problem in urban centers such as Graz, Linz,
Salzburg, and Innsbruck. The NGO Lateinamerikanische Frauen in
Oesterreich-Interventionsstelle fuer Betroffene des Frauenhandels
(LEFOE-IBF) reported assisting 108 trafficking victims in 2006, down
from 151 in 2005.
Traffickers included citizens, who were generally connected with
licensed brothels, and foreign nationals, who were involved primarily
with unlicensed brothels. Authorities estimated that organized crime
groups from Eastern Europe, including Russia, controlled much of the
trafficking. Police were also aware of cooperation between domestic and
foreign citizens to traffic foreign prostitutes through the country.
Most trafficked women were brought to the country with promises of
unskilled jobs, such as nannies or waitresses. Upon arrival they were
often coerced into prostitution. According to police, there also were
some women who knowingly entered the country to work as prostitutes but
were forced into dependency akin to slavery. Most victims were in the
country illegally and feared being turned over to authorities and
deported. Traffickers usually retained victims' official documents,
including passports, to maintain control over them. Victims reported
being subjected to threats and physical violence. A major deterrent to
victim cooperation with authorities was fear of retribution, both in
Austria and in the victims' countries of origin.
The law permits the prosecution of traffickers for prostitution by
means of deception, coercion, or the use of force, and trafficking for
the purposes of slavery. Laws forbidding the exploitation of labor and
the exploitation of aliens are also used against traffickers.
Trafficking is punishable by up to 10 years in prison. In 2007 there
were 81 trafficking cases involving 220 suspects and 87 convictions.
Trafficking for slavery is punishable by imprisonment for 10 to 20
years.
The Federal Bureau for Criminal Affairs, a division of the Ministry
of the Interior, is responsible for combating trafficking. Contact with
authorities in countries of origin facilitated prosecution of suspected
traffickers. During the year there were no reports that the Government
extradited any persons wanted for trafficking crimes in other
countries.
Residence permits were generally issued on humanitarian grounds to
trafficking victims. Victims had the possibility of continued residence
if they met the criteria for residence permits.
LEFOE-IBF provided secure housing and other support for trafficking
victims. The IOM also sought to put victims in contact with NGOs in
their countries of origin upon their return. With financial assistance
from the Ministry of the Interior, LEFOE-IBF continued to operate a
center in Vienna that provided psychological, legal, and health-related
assistance, emergency housing, and German language courses to
trafficked women. The federal and local governments funded NGOs that
provided assistance in other cities.
The Government worked with international organizations to carry out
prevention programs throughout the region. The Government funded
research on trafficking and NGOs produced antitrafficking brochures and
organized law enforcement workshops and international conferences
funded with the help of private donors.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law protects persons with physical
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.
There were no reports of societal discrimination against persons with
disabilities.
Federal law mandates access to public buildings for persons with
physical disabilities; however, many public buildings lacked such
access due to insufficient enforcement of the law and low penalties for
noncompliance.
The law provides for involuntary sterilization of adults with
mental disabilities in cases where a pregnancy would be considered
life-threatening. However, authorities have performed no involuntary
sterilizations in recent years. The law prohibits the sterilization of
minors.
The Government funded a wide range of programs for persons with
disabilities, including provision of transportation and assistance for
integrating school children with disabilities into regular classes and
integrating employees with disabilities into the workplace.
National/Racial/Ethnic Minorities.--In 2007 the Ministry of the
Interior recorded 240 neo-Nazi, right-wing extremist, and xenophobic
incidents directed against members of minority groups. The Government
continued to express concern over the activities of extreme right-wing
skinhead and neo-Nazi groups, many with links to organizations in other
countries.
In 2007 the domestic NGO Zivilcourage und Anti-Rassismus Arbeit
recorded 831 cases of alleged racial discrimination. In August the UN
Committee on the Elimination of Racial Discrimination released a report
listing 20 points of criticism and recommendations to the Government to
address discrimination, in particular toward minorities, migrants, and
asylum seekers.
Human rights groups reported that Roma faced discrimination in
employment and housing. However, the situation of the Romani community,
estimated at over 6,200 indigenous and 15-20,000 nonindigenous
individuals, significantly improved in recent years according to the
head of the Austrian Roma Cultural Association. Government programs,
including financing for tutors, have helped school-aged Romani children
move out of ``special needs'' and into mainstream classes. The
Government also initiated programs in recent years to document the
Romani Holocaust and compensate its victims.
NGOs reported that Africans living in the country experienced
verbal harassment in public. In some cases black Africans were
stigmatized as being involved in the drug trade and other illegal
activities.
The law recognizes Croats, Czechs, Hungarians, Roma, Slovaks, and
Slovenes as national minorities. It requires any community where at
least 25 percent of the population belongs to one of these groups to
provide bilingual town signs, education, media, and access to federal
funds earmarked for such minorities. The law affected 148 communities.
During the year the Government did not reach a decision on the
implementation of a 2001 Constitutional Court ruling on lowering the 25
percent threshold. Full recognition of the Slovene minority remained a
problem. For example, the governor of the state of Carinthia refused to
implement rulings by higher courts that gave certain rights to the
Slovene minority.
The Government continued training programs to combat racism and
educate the police in cultural sensitivity. The Ministry of the
Interior renewed an agreement with the Anti-Defamation League to teach
police officers cultural sensitivity, religious tolerance, and the
acceptance of minorities.
Other Societal Abuses and Discrimination.--There was some societal
prejudice against gays and lesbians; however, there were no reports of
societal violence or discrimination based on sexual orientation.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers the right to
form and join independent unions without prior authorization or
excessive requirements, and workers exercised this right in practice.
No workers were prohibited from joining unions. An estimated 36 percent
of the work force was organized into nine national unions belonging to
the Austrian Trade Union Federation (OGB).
The law does not explicitly provide a right to strike; however, the
right is recognized in practice. The law prohibits retaliation against
strikers, and the Government effectively enforced the law.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. Collective bargaining is
protected in law and was freely practiced. Approximately 80 percent of
the labor force worked under a collective bargaining agreement. The OGB
was exclusively responsible for collective bargaining.
There were no reports of antiunion discrimination or other forms of
employer interference in union functions.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that women were trafficked for sexual exploitation and domestic
labor and that children were trafficked for begging and possibly sexual
exploitation.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace and to prohibit forced or compulsory labor, and the
Government generally enforced these laws and policies effectively. The
minimum legal working age is 15 years. The Labor Inspectorate of the
Ministry of Social Affairs is responsible for enforcement.
There were reports of trafficking of children for begging and
possibly sexual exploitation.
e. Acceptable Conditions of Work.--There is no legislated national
minimum wage. Instead, nationwide collective bargaining agreements set
minimum wages by job classification for each industry. The accepted
unofficial annual minimum wage is 12,000 to 14,000 euros ($16,800 to
$19,600), and it provided a decent standard of living for a worker and
family. An estimated 10,000 to 20,000 workers earned wages below this
level.
The law limits standard working hours to eight hours per day and up
to 40 hours per week. The standard workday may be extended to 10 hours
as long as the weekly maximum is not exceeded. The law requires
compulsory time off on weekends and official holidays. An employee must
have at least 11 hours off between workdays. Authorities effectively
enforced these provisions. Foreign workers make up approximately 13
percent of the country's workforce. Standards are equitably enforced
across all groups.
The law limits overtime to five hours per week and to 60 hours per
year; however, authorities did not enforce these laws and regulations
effectively, and some employers exceeded legal limits on compulsory
overtime. Collective bargaining agreements can specify higher limits.
The Labor Inspectorate regularly enforced laws that provide for
mandatory occupational health and safety standards. Workers could file
complaints anonymously with the Labor Inspectorate, which could bring
suit against the employer on behalf of the employee. However, workers
rarely exercised this option and normally relied instead on the
chambers 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 the Government effectively enforced this law.
__________
AZERBAIJAN
Azerbaijan is a republic with a population of approximately 8.2
million and a presidential form of government. Legislative authority is
vested in the Milli Majlis (National Assembly). In practice the
president dominated the executive, legislative, and judicial branches
of government. Ilham Aliyev, the son of former president Heydar Aliyev,
was reelected president for a second term in October in a process that
did not fully meet international standards for a democratic election.
Election shortcomings included serious restrictions on political
participation and the media, pressure and restrictions on observers,
and flawed vote counting and tabulation processes. Although there were
more than 50 political parties, the ruling Yeni Azerbaijan Party
continued to dominate 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. Civilian authorities generally
maintained effective control of the security forces. Members of the
security forces at national and local levels committed numerous human
rights abuses.
The Government's human rights record remained poor and worsened in
some areas. The public's right to peacefully change the Government was
restricted in the October presidential election. Torture and beating of
persons in police and military custody resulted in three deaths, and
law enforcement officials acted with impunity. Prison conditions were
generally harsh and 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 politically motivated
reasons. Pervasive corruption, including in the judiciary and law
enforcement, continued. Restrictions on freedom of assembly continued,
particularly in terms of political organizing, peaceful protests, and
religious activity. Restrictions and pressure on the media and
restrictions on political participation worsened. The Government
imposed restrictions on the activities of some unregistered Muslim and
Christian groups. Cases of violence against women were also reported.
Trafficking in persons for sexual exploitation and forced labor
remained a problem.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any arbitrary or unlawful killings; however,
human rights monitors reported that three prisoners died in police or
military custody due to alleged abuse and mistreatment.
On January 6, Rashad Haziyev was found hanged in the restroom of
the Kurdamir police station after being arrested for narcotics
possession. Witnesses stated that the police had earlier threatened to
hang him unless he confessed to his alleged crime.
On August 31, Mahammad Rahimov was found dead outside of a police
station in Goranboy district after being held in connection with a
domestic violence allegation. There was credible evidence that he died
because authorities had beaten him in custody.
On October 21, Zaur Mammadov was found hanged in the restroom of a
police station in Lankaran district after being arrested for narcotics
possession. Mammadov's mother had been asked for a bribe in exchange
for his release; two hours after she refused the bribe, Mammadov was
found dead.
The Government reported 59 deaths of military conscripts in 2007,
which it attributed to a variety of diseases and injuries, but did not
provide a figure for 2008.
Ethnic Armenian separatists, with Armenia's support, continued to
control most of the Nagorno-Karabakh region of Azerbaijan and seven
surrounding Azerbaijani territories. During the year shootings along
the militarized line of contact separating the sides as a result of the
Nagorno-Karabakh conflict again resulted in numerous casualties on both
sides. The Ministry of Foreign Affairs did not provide civilian
casualty figures along the line of contact for the year.
According to the national agency for mine actions, landmines killed
six persons and injured 14 others in 2007. Two of the dead and three of
the injured were civilians. A domestic nongovernmental organization
(NGO), the Azerbaijan Campaign to Ban Landmines, reported that
landmines killed 10 persons and injured 18 others during the year. Five
of the dead and eight of the injured were civilians. Figures for 2008
were not available at year's end.
b. Disappearance.--During the year there were no reports of
politically motivated disappearances. However, there were reports of
disappearances in connection with the conflict in Nagorno-Karabakh.
The International Committee of the Red Cross (ICRC) continued to
actively process cases of persons missing in connection with the
Nagorno-Karabakh conflict and worked with the Government to develop a
consolidated list of missing persons. According to the ICRC, during the
year the number of persons confirmed missing increased from 4,416 to
4,478. The ICRC reported that it opened investigations into 95 new
missing persons cases during the year. The ICRC signed a framework
agreement with the Government on the collection of ante mortem data
during the year, and collection was ongoing in the Baku area at year's
end. The information, which was gathered from families on both sides of
the line of contact as well as in Armenia, was meant to assist state
commissions in the identification of human remains. During the year
ante mortem data had been collected on 777 persons.
The ICRC continued to pay special attention to prisoners of war and
civilian internees (POW/CI) and conducted visits throughout the year to
ensure their protection under international humanitarian law. ICRC
often provided clothing, toiletries, and other assistance during these
visits. The ICRC regularly facilitated the exchange of Red Cross
messages between POWs/CIs and their families to reestablish contact
and, on several occasions, paid transportation costs for families of
missing persons to the ICRC office in Baku. Upon the request of and
with full cooperation by the Government, the ICRC facilitated the
transfer of two persons and the repatriation of three persons between
Armenia and Azerbaijan during the year.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and criminal code prohibit such practices
and provide for penalties of up to 10 years' imprisonment; however,
there were credible reports that security forces beat detainees to
extract confessions and military personnel physically abused
subordinates. A domestic human rights monitor reported that the number
of persons tortured in custody by security forces increased from 63 in
2007 to 80 during the year. Impunity remained a problem.
On October 18, prison guards severely beat Azadliq newspaper
correspondent Sakit Zahidov at correctional facility No. 14.
Penitentiary officials alleged that Zahidov initiated an incident by
refusing a haircut and that the incident was therefore his fault.
On October 20, two sergeants from the Internal Affairs Ministry
troops, Vuqar Agayev and Eldaniz Rahimov, were arrested for beating
subordinates. The commander and deputy commander of the unit were
dismissed, and an investigation into the incident was ongoing at year's
end.
According to the Ministry of Internal Affairs, authorities punished
207 officers for human rights abuses and criminally prosecuted six
police officers for these violations in 2007. The Government did not
provide statistics at year's end.
During the year the Government did not punish Internal Affairs
Ministry officials for police abuse, misconduct, or excessive use of
force at a peaceful opposition demonstration in 2005, nor was any
action expected. Viliyat Eyvazov, one of the senior officers allegedly
involved in police abuse and misconduct in the aftermath of the 2003
presidential election, continued to serve as deputy minister of
internal affairs following his 2005 promotion.
At year's end the Government had yet to fully implement the 2007
verdict of the European Court of Human Rights (ECHR) regarding the case
of Sardar Jalaloglu, who was abused in police custody in 2003. While
the Supreme Court overturned Jalaloglu's conviction and he received the
10,000 euros (approximately $14,000) awarded by the ECHR in
compensation, the persons who mistreated Jalaloglu had not been brought
to justice as required in the judgment.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening despite continuing prison infrastructure
improvements.
Overcrowding, inadequate nutrition, and poor medical care combined
to make the spread of infectious diseases a serious problem. Despite
recent improvements to prison infrastructure, prisons, which were
generally Soviet-era facilities, did not meet international standards.
In maximum-security facilities, authorities limited physical exercise
for prisoners as well as visits by attorneys and family members. Some
pretrial detainees were reportedly held in ``separation cells,'' which
were often located in basements to conceal evidence of physical abuse.
Food and sleep reportedly were denied in these cells to elicit
confessions.
Since the October 2007 appointment of Kazim Abdullayev as the chief
of Qobustan jail, prisoners and human rights groups reported numerous
human violations. According to these sources, prison officials made
death threats to prisoners, stripped them of their clothes, soaked them
with cold water, malnourished them, denied them contact with friends
and family, denied them medical treatment, handcuffed them in
punishment cells for weeks at a time, and routinely beat them. Hamid
Suleymanov, investigation department chief of the Penitentiary
Services, stated that he found no proof of these violations. Prisoners
responded to his assertion with hunger strikes; 15 inmates did so in
January. They viewed hunger strikes as their only option to raise
awareness of the situation in Qobustan.
The Justice Ministry reported that in April a new, multi-sector
prison opened in the Nakhchivan Autonomous Republic. At year's end, new
detention facilities were under construction in Lankaran, Shakhi and
the Zabrat district of Baku-the latter a women's and juvenile facility-
and cost estimates had been completed for new facilities in Ganja and
Umbaki. The Government selected plots of land for a planned facility in
Kurdamir. The Government renovated 15 prisons and one jail during the
year.
Harsh prison conditions resulted in numerous deaths; the Justice
Ministry reported that 130 persons died in detention during the year, a
6.6 percent increase from the number of deaths in detention in 2007.
According to the ministry, 126 persons in detention died from natural
causes, 107 of which occurred at medical facilities, and four persons
committed suicide. The Ministry of Internal Affairs did not provide
data at year's end but reported two deaths in its facilities in 2007,
both suicides. Authorities dismissed four officers and disciplined
seven others for negligence in connection with these deaths.
On January 23, Arif Aslanov, former department head at the State
Technical Inventory and Property Rights Registration Department, died
in custody from kidney failure while being transported to a hospital
for dialysis. A human rights activist held the prosecutor's office
responsible for Aslanov's death since the office had refused to release
him for regular medical treatment.
Tuberculosis (TB) remained the primary cause of death in prisons;
the Ministry of Justice reported that it treated 799 prisoners and
detainees for TB. The ICRC positively assessed the Government's pilot
program, established in April 2007, which treated 54 prisoners for
multidrug-resistant TB (MDR-TB) and placed 745 in category II therapy
during the year. According to the ICRC, the prison hospitals' MDR-TB
wards were state of the art, well ventilated, and had indirect
ultraviolet lights. The ICRC reported that the Government's active and
passive efforts were effective in screening inmates for TB. The ICRC
reported that 52 inmates died from the disease during the year.
The Government reported that the other major causes of death among
prisoners and detainees were: myocardial infarction, cardiovascular
collapse, cirrhosis of the liver, acute circulatory diseases, and
various cancers.
In 2006, a reconstituted, joint government-human rights community
prison-monitoring group resumed functioning. During the year the group
developed anonymous feedback forms for prison visits, facilitated the
training of prison employees, and advocated for improvements in prison
conditions. The Ministries of Internal Affairs and Justice cooperated
with many of these efforts, but the group highlighted additional
problems that remained, including inadequate medical facilities and
staff at prisons, insufficient food and recreational activities for
inmates, and incomplete access to detention centers for monitoring
group members.
Human rights monitors reported that officials continued to deny
family members the right to visit persons who had been detained in
connection with an alleged 2005 coup plot and had been subsequently
convicted of corruption.
The Government permitted some prison visits by international and
local humanitarian and human rights groups, including the ICRC, the
Organization for Security and Cooperation in Europe (OSCE), and the
Azerbaijan Committee against Torture. The ICRC had unobstructed access
to the POWs/CIs who were held in connection with the conflict over
Nagorno-Karabakh.
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 Ministries of
Internal Affairs and 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.
Law enforcement corruption was a problem. Police often levied
spurious, informal fines for traffic and other minor violations and
extracted protection money from local residents. In recent years
traffic police officers received substantial pay raises to counter
corruption; nevertheless, the low wages of other law enforcement
officials continued to contribute to police corruption. High inflation
also put pressure on wages. In 2007, the ministry reported that it
punished 43 police officers for corruption; it did not provide
comparable data for 2008. The Ministry of Justice reported that none of
the employees of the penitentiary service were accused of crimes
related to corruption during the year.
While security forces were generally able to act with impunity, the
Government reported in 2007 that it took action against 207 police
officers for human rights violations. The Government reported that it
criminally prosecuted six officers, dismissed 55 officers from the
Ministry of Internal Affairs police forces, removed 21 officers from
their positions, and administratively disciplined two others. The
Government did not update this data during the year.
On October 14, several police officers from a unit to combat drug
trafficking in Baku were arrested on distribution charges. One kilogram
of heroin was seized during the search of their offices.
Arrest and Detention.--The law states that persons who are
detained, arrested, or accused of a crime should be advised immediately
of their rights and reason for arrest and accorded due process;
however, the Government did not respect these provisions in practice.
Arbitrary arrest, often on spurious charges of resisting the police,
remained a problem throughout the year.
The law allows police to detain and question individuals for 24
hours without a warrant; in practice police detained individuals for
several days, sometimes weeks, without a warrant. In other instances
judges issued ex post facto warrants.
Judges, acting at the instruction of the prosecutor general's
office or of other executive branch officials, sentenced detainees to
jail within hours of their arrest without providing them access to
lawyers.
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 provided for by law, indigent detainees did not have access to
lawyers. Authorities often restricted family member visits and withheld
information about detainees; days frequently passed before families
could obtain any information about detained relatives. There was no
formal, functioning bail system; however, individuals were sometimes
permitted to vouch for detainees, enabling their conditional release
during pretrial investigation. Politically sensitive suspects were at
times held incommunicado for several hours or sometimes days while in
police custody.
On January 31, police attacked and then detained 14 members of the
independent Dalga youth movement near the Puppet Theater in downtown
Baku as they hosted a rally to commemorate the birthday of Mammad Amin
Rasulzada, the founder of the independent Azerbaijan Democratic
Republic (1918-20). While they were detained at police station No. 9 in
Sabail district, authorities threatened to have them expelled from
their universities for ``antisocial'' activities. Authorities released
them after several hours, and no expulsions were reported.
On May 28, young persons from the Democratic Party of Azerbaijan
(DPA) and the Biz Coalition distributed information related to the 90th
anniversary of the Azerbaijani Democratic Republic and the Government's
failure to erect a monument to the country's founders. Following the
event, officers from Baku's Sabail district police department arrested
Jamil Hajiyev, instructor of the DPA steering committee, and Vusal
Aliyev, deputy chairman of the youth wing of the DPA. They were
released after four hours of detention and questioning at police
station No. 9.
On June 15, 30 plainclothes police officers raided a cafe where
patrons were celebrating the birthday of deceased revolutionary Che
Guevara. Police detained and later released 20 attendees.
On July 4, police detained members of the Dalga youth movement
while they tried to stage a demonstration outside of the OSCE office in
Baku. Seven of the group's members were released within a few hours,
while three were transferred to a court facility and then released with
an oral warning.
Lengthy pretrial detention of up to 18 months was a serious
problem. The prosecutor general routinely extended the permitted,
initial three-month pretrial detention period in successive increments
of several months until the Government completed an investigation.
Amnesty.--On March 18, President Aliyev pardoned 59 prisoners,
including alleged political prisoners Asif Huseynov, Etibar
Allahverdiyev, Nariman Ismayilov, Rasim Taghiyev, and Gadir Musayev.
On August 26, President Aliyev pardoned 96 prisoners, including
alleged political prisoners Rasim Akberov, Aleksandr Umnyashkin,
Ismayil Mammedov, Bayram Quliyev, Qabil Quliyev, and Mobil Yolchuyev.
Despite indications that they would be released, several prominent
journalists remained in prison at year's end.
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.
The executive branch continued to exert a strong influence over the
judiciary. The ostensibly independent Judicial Legal Council, which
administers the examination for candidates for judges, was largely
controlled by the Ministry of Justice. The selection process included
lengthy coursework, written and oral examinations, and a final
interview. International observers believed that the oral component of
the examinations allowed for corruption in the selection process. The
examination process resulted in the selection of 102 lower court
judges, whom the president swore in on August 7. Supreme Court,
Appellate Court, and Constitutional Court judges are nominated by the
president and must be approved by the Milli Majlis.
In an effort to address corruption and improper conduct, the
Judicial Legal Council developed and established a new code of conduct
in 2006-07. In addition the Ministry of Justice depersonalized case
assignments during this period so that the president was no longer
responsible for assigning judges to particular cases. However, credible
reports indicated that judges and prosecutors still took instruction
from the presidential administration and the Justice Ministry,
particularly in cases of interest to international observers. While
judges' salaries steadily increased for several years prior to 2008,
there continued to be credible allegations that judges routinely
accepted bribes. During the year the Ministry of Justice reported that
disciplinary proceedings were initiated against 22 judges; the
president reprimanded 10 judges, reassigned three, and dismissed one.
Courts of general jurisdiction may hear criminal, civil, and
juvenile cases. District courts try the majority of cases. The Court of
Grave Crimes acts as the court of first instance in cases in which the
accused committed a crime deliberately and in which the punishment
would be a prison sentence of more than seven years. Cases are heard by
a three-judge panel. The Military Court of Grave Crimes functions
similarly for serious crimes committed by members of the military. The
Supreme Court may not act as the court of first instance. Either one
judge or a three-judge panel presides over first-hearing trials at the
District Court or the Court of Grave Crimes, while a panel of three or
more judges hears cases at the Court of Appeals. At the Supreme Court,
cases are initially heard by a panel of three judges. Their ruling can
be further appealed to the Plenum, which is the highest level of the
court and consists of a panel of nine judges. All citizens have the
right to appeal constitutional matters to the Constitutional Court.
After the country joined the Council of Europe in 2001, citizens
gained 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. As
in previous years, citizens exercised this right frequently during the
year.
On July 10, the ECHR delivered judgments on two cases brought
against the Government. The court ruled in favor of Vagif Hajibeyli, a
politician who had been held from 2000-05 under house arrest while
awaiting trial, as the detention violated his right to a fair and
timely trial and freedom of movement. It also ruled in favor of Leyli
Rahmonova, who was denied access to an apartment that had been awarded
to her during a previous judicial proceeding, as this violated her
right to private property and to a fair trial. At year's end. neither
of these verdicts had been fully implemented by the Government.
Since 2005 the Judicial Legal Council has coordinated efforts with
international organizations to train judges on compliance with election
law.
Trial Procedures.--The law provides for public trials except in
cases involving state, commercial, or professional secrets or matters
involving confidential, personal, or family matters. According to an
OSCE report, released in April, on the organization's 2006-07 trial
monitoring project in the country, the Court of Grave Crimes and the
Court of Grave Military Offenses were the most restrictive of the right
to a public hearing of the courts observed by monitors.
While the law provides for the presumption of innocence in criminal
cases, the right to review evidence, the right of defendants to
confront witnesses and present evidence at trial, the right to a court-
approved attorney for indigent defendants, and the right of appeal for
defendants and prosecutors, these provisions were generally not
respected in practice.
Jury trials were not used. Foreign and domestic observers usually
were allowed to attend trials; however, the Court of Grave Crimes and
Court of Grave Military Offenses severely limited access to the OSCE
trial monitors during 2006-07.
According to the OSCE trial monitoring project report, many of the
trials observed ``fell short of OSCE and other international standards
in regard to important rights and safeguards, specifically, the right
to effective legal representation, the right to an impartial and
independent tribunal, the right to a fair hearing, the right to
assistance by an interpreter, and the right to a reasoned judgment.''
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.
The law limits representation in criminal cases to members of a
government-controlled collegium of lawyers (bar association). Since
there were only 750 collegium members in a country of 8.2 million,
access to licensed legal representation was restricted, particularly
outside of Baku. The collegium did not hold a bar examination during
the year, which exacerbated the shortage of legal representation. The
collegium accepted applications through November for another round of
examinations in 2009. According to international monitors, the written
portion of the collegium's entrance examination was administered fairly
but the oral portion was highly subjective and conducted with varying
standards. The collegium reserved the right to remove lawyers from
criminal cases and sometimes did so for reasons that observers believed
were questionable. As a result, criminal defendants were not fairly or
adequately represented, their rights were not protected, and there was
a lack of due process of law. According to the OSCE's April report, the
collegium's legal services were ``well below the minimum professional
standards expected of an independent defense bar.''
The constitution prohibits the use of illegally obtained evidence;
however, despite some defendants' claims that testimony was obtained
through torture or abuse, no cases based on claims of abuse were
dismissed, and there was no independent forensic investigator to
determine the occurrence of abuse. Investigations often focused on
obtaining confessions rather than gathering physical evidence against
suspects. Serious crimes brought before the courts most often ended in
conviction, as judges generally required only a minimal level of proof
and collaborated closely with prosecutors. In the rare instances in
which judges determined that the evidence presented was not sufficient
to convict a defendant, they could return cases to the prosecutor for
additional investigations, effectively giving the prosecutors
subsequent chances for convictions.
Aside from the Court of Grave Crimes and the Military Court of
Grave Crimes, courts often failed to provide translators. Each court is
entitled to contract translators during hearings, and such expenses
must be covered by the Ministry of Justice.
There were no verbatim transcripts of judicial proceedings;
testimony, oral arguments, and judicial decisions were not recorded.
Instead the court officer generally took notes that tended to be sparse
and decided what if anything should be included in the notes.
The June-July trial of Sergey Strekhalin, who had been accused of
the March 13 stabbing of journalist Agil Khalil, included a number of
procedural irregularities. Khalil, who faced political pressure as a
reporter, repeatedly denied that Strekhalin was the person that stabbed
him. Numerous international observers, including from the OSCE and the
European Union (EU), raised concerns about the trial proceedings, and
the OSCE representative on the media assessed the trial as ``fake.'' At
several points in the trial, Strekhalin's attorney appeared
uninterested in fully defending his client.
In April 2007, the Court of Grave Crimes convicted Ali Insanov,
former minister of health, and 10 other defendants of public corruption
and other charges. The court sentenced Insanov to 11 years in prison.
According to the OSCE trial monitors, there was ``an overwhelming
appearance'' that Insanov and his codefendants ``did not have a fair
trial and that the judges were not impartial.''
In October 2007, the Court of Grave Crimes convicted Farhad Aliyev,
former minister of economic development, his brother Rafiq, and 17
other defendants on a range of charges related to corruption. The
Aliyev brothers received prison sentences of 10 and nine years,
respectively. All of the defendants were originally arrested on coup
plotting charges and subsequently charged with corruption in 2005.
During the trial, court officials often barred international observers
and the defendants' family members from the courtroom. Court officials'
failure to use microphones in the courtroom also hindered monitoring.
There were numerous violations of due process during the trial
proceedings. The OSCE monitors noted procedural shortcomings and
insufficient access to the proceedings in their reporting on this trial
during the year. Aliyev's lawyers alleged that the Government at times
denied him access to his doctor and appropriate medical treatment while
he was incarcerated. Both Insanov and the Aliyev brothers remained
incarcerated following the May 28 rejection of Farhad Aliyev's appeal
to the Supreme Court. The Aliyev brothers'separate appeals to the ECHR
were pending at year's end.
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. At year's end, NGO activists maintained that the
Government held between 27 and 57 political prisoners.
As was the case in 2007, the three political prisoners-Elchin
Amiraslanov, Safa Poladov, and Arif Kazimov-who had been arrested in
connection with the 2003 presidential election and listed in the
Council of Europe's experts report, remained incarcerated.
Some considered the 2005 arrests of individuals on charges of
plotting a coup and subsequent convictions on corruption to be
politically motivated.
There were no reliable estimates of the number of political
detainees. Most political detainees received sentences of between 10
and 15 days in jail, which were often described as ``administrative
detention'' sentences.
The Government generally permitted unrestricted access to alleged
political prisoners by international humanitarian organizations such as
the ICRC.
Civil Judicial Procedures and Remedies.--The law does not provide
for an independent and impartial jury in civil matters. District courts
have jurisdiction over civil matters in their first hearing; appeals
are addressed by the Court of Appeals and then by the Supreme Court.
Citizens have the right to bring lawsuits seeking damages for, or
cessation of, human rights violations. As with criminal trials, all
citizens have the right to appeal to the ECHR within six months of the
first Supreme Court ruling on their case.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits arbitrary invasions of privacy and
monitoring of correspondence and other private communications; in
practice the Government did not respect these legal prohibitions in
practice.
The constitution allows for searches of residences only with a
court order or in cases specifically provided by law; however,
authorities often conducted searches without warrants. It was widely
believed that the Ministries of National Security and Internal Affairs
monitored telephone and Internet communications, particularly those of
foreigners and prominent political and business figures.
Police continued to intimidate and harass family members of
suspected criminals.
During the year domestic human rights monitors reported concerns
about the lack of due process and respect for the rule of law in a
number of cases related to property rights.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press and specifically prohibits press censorship;
however, the Government often did not respect these rights in practice.
During the year the Government took actions that limited media
independence. The media freedom environment continued to significantly
deteriorate during the year.
Although opposition parties continued to publish newspapers, and
human rights activists were mostly able to conduct their work without
fear of reprisal, the Government penalized persons who criticized
government officials or practices in some cases.
On October 30, the parliament held a spontaneous session in which
several members publicly chastised prominent Moscow-based writer and
film director Rustam Ibragimbekov for statements he had made about the
country's leadership in an interview with a Russian media outlet.
Ibragimbekov had alleged that the country's elite attained their
positions through connections or money. Some observers alleged that the
parliamentary session constituted an infringement on freedom of speech.
Authorities did not file charges against Ibragimbekov.
A number of journalists who criticized government officials in the
course of their work were subjected to harassment, threats, and acts of
physical violence that appeared to be connected to their criticism of
the Government or public officials. Reporters Without Borders (RWB)
reported that independent and opposition journalists were under
constant pressure because of their work.
According to prominent journalists, companies and institutions
reduced their advertising in opposition media due to direct or indirect
recommendations from government representatives. Azerbaijani
journalists generally considered Gun Seher an independent newspaper.
However, Gun Seher was forced to close in August due to financial
problems. According to media experts, both subtle and direct pressure
prompted companies to pull their advertising, leading to the
newspaper's demise.
A number of opposition and independent media outlets operated
during the year. The print media expressed a wide variety of views on
government policies, although objective, professional reporting was
rare. However, most broadcast media adhered to a pro-government line in
their news coverage.
Most print outlets in the country are organs of the ruling party,
opposition parties, or are thought to be connected to prominent
government officials. There were seven national television stations and
10 regional outlets. There were 11 national radio broadcasters, as well
as the BBC, Voice of America, and Radio Free Europe/Radio Liberty, all
three of which were banned from FM radio by the Government at year's
end. There also were several national state-owned newspapers and
numerous newspapers funded by city or district-level officials.
Newspaper circulation rates, both government and opposition, were low,
not surpassing 5,000 in most cases. Many newspapers were circulated
only in the capital.
Some private television stations operated, but independent media
monitoring found their programs to be biased in favor of the ruling
party. ANS Television, the audience leader, was generally regarded as a
source of relatively balanced news coverage prior to its temporary
closure by the National Television and Radio Council (NTRC) in 2006.
However, most media monitors believed ANS had taken a more cautious,
self-censored approach to news coverage since then.
Electronic media were generally more susceptible to pressure due to
their reliance on government-provided broadcast licenses. Such outlets
were less critical of the Government than opposition and independent
print outlets.
On October 31, the NTRC announced that it was considering
prohibiting broadcasts of Voice of America, Radio Liberty, and the BBC
on national television and FM radio frequencies. The NTRC confirmed
this decision on December 30. The NTRC also closed Russian-owned Europa
Plus, which played mostly pop music. Without these international
broadcasters on national television and FM radio frequencies, the
public no longer had access to unbiased news on any widely accessible
broadcast media.
There were no restrictions on systems to receive satellite
broadcasts by foreign stations, but the NTRC continued to impose a
general requirement that local, private television and radio stations
not rebroadcast entire news programs of foreign origin.
Harassment, intimidation, and violence against individual
journalists continued during the year; the Government did not hold
perpetrators accountable. A media monitoring NGO reported that during
the year, there were 49 incidents involving verbal or physical assaults
on journalists, compared to 41 cases in 2007. Law enforcement agencies
began investigations into 11 of these cases, and only one case, that of
Agil Khalil, was brought to trial.
Several journalists remained imprisoned during the year on criminal
charges ostensibly unrelated to their work. International and local
commentators believed that the Government targeted the journalists due
to their criticism of government figures and policies.
On January 21, authorities sentenced Mushviq Huseynov,
correspondent for the opposition newspaper Bizim Yol, to six years in
prison. In July 2007, police arrested Huseynov on charges of accepting
a bribe from a Ministry of Labor and Social Protection employee. The
exchange was captured on video and broadcast on national television.
Huseynov's defense attorneys maintained that the incident was a set-up
and declared Huseynov innocent. Some domestic observers considered
Huseynov's arrest to be politically motivated, while others believed
him to be guilty but to have been selectively targeted. Huseynov
reportedly suffered from tuberculosis. Huseynov remained in prison at
year's end.
In October 2007, the Baku Court of Grave Crimes sentenced the
already jailed editor in chief of Realny Azerbaijan and Gundelik
Azerbaijan, Eynulla Fatullayev, to eight-and-a-half years in prison on
charges of supporting terrorism, inciting ethnic hatred, and tax
evasion. The charges were based on an article that Fatullayev wrote
criticizing the Government's policy towards Iran and listing specific
locations in the country as potential targets for an Iranian attack.
The sentence included Fatullayev's previous libel conviction for an
article he allegedly wrote purporting that government forces may have
played a role in the 1992 events in Khojali. Fatullayev remained in
prison at year's end. International and domestic observers considered
his imprisonment politically motivated.
On March 7, authorities sentenced Ganimat Zahid, editor in chief of
Azadliq newspaper, to four years' imprisonment. In November 2007 police
had arrested Zahid on charges of hooliganism and inflicting minor
bodily harm. The charges were a result of a complaint filed by a
private citizen, Vusal Hasanov, alleging that Zahid engaged in a
physical altercation with him after Hasanov attempted to defend a woman
who accused Zahid of insulting her. Zahid maintained that he was
innocent and that the incident was a set-up. Zahid remained in jail at
year's end. International and domestic observers considered his
imprisonment to be politically motivated.
In 2006, the Baku Court of Grave Crimes convicted prominent
political satirist Mirza Zahidov (also known as Mirza Sakit or Sakit
Zahidov) of drug possession and sentenced him to three years in prison.
The Court of Appeals and the Supreme Court upheld the sentence.
International and domestic observers considered his imprisonment
politically motivated. On October 18, Zahidov was beaten by prison
officials for refusing to have his hair cut. The Ministry of Justice
stated that the allegation would be investigated and that Zahidov was
transferred to another facility. On December 29, a hearing was held on
an appeal for Zahidov's early release, for which he was eligible under
the law. The appeal was denied, and there were claims of misconduct
during the hearing, but trial monitors were not allowed to attend.
Zahidov remained in prison at year's end.
During the year at least six journalists reported physical attacks
in connection with their professional activity.
A reporter from the opposition paper Azadliq, Agil Khalil, was the
victim of numerous attacks during the year, apparently stemming from
his journalistic investigations. Khalil claimed he was also the victim
of a smear campaign. On February 22, unidentified assailants physically
assaulted Khalil during the course of his work. On March 13, Khalil was
again attacked, this time stabbed and hospitalized. On May 7, Khalil
was attacked by an unidentified person who attempted to push him on the
rails in a metro station in Baku; later the same day, two unidentified
persons attempted to kidnap him near the Azadlig offices. As of year's
end, Khalil had left the country.
Eldaniz Elgun, a well-known television journalist, claimed that he
was stabbed in March just after the Agil Khalil stabbing. According to
Elgun, three persons assaulted him near a metro station and stabbed him
near his heart. He received treatment at his home in order to keep the
incident quiet and to avoid the retribution that he said Agil Khalil
had experienced. He reported that this attack followed a series of
threats and interrogations by the Ministry of National Security over
several years.
Emin Huseynov, a reporter who was chair of the Institute for
Reporters' Freedom and Safety (IRFS), was hospitalized after being
beaten by police on June 14 while covering the police break-up of a
public meeting. He later filed suit against the Ministry of Internal
Affairs, charging that no legal action had been taken against his
attackers. Huseynov lost 50 percent of his hearing as a result of his
injuries.
Two journalists from Radio Liberty and one from the Institute for
IRSF were attacked by local police and other local residents in
Nakhchivan on August 27 while reporting on a story.
There were no developments during the year in the 2007 physical
assaults on journalists Uzeyir Jafarov and Suheyla Gambarova or the
2006 assaults on Fikret Huseynli, Bahaddin Haziyev, and Nijat Huseynov.
There were no developments reported in the 2005 killing of
opposition journalist Elmar Huseynov. Media and human rights activists
continued to advocate that the Government should further investigate
this case.
June amendments to the election code allowed candidates who ran in
the presidential election to have free television and radio airtime.
Opposition parties and human rights advocates, however, complained that
the free airtime was moved from State Television to Public Television,
which had lower viewership, and that the timing of the broadcasts made
it difficult for working people to watch. The OSCE election observation
mission, in its election statement, criticized unbalanced news coverage
in the run-up to the election, which heavily covered the activities of
government officials, benefiting the incumbent.
Although pro-opposition journalists openly criticized government
officials, a combination of intimidation and a desire not to alienate
potential advertisers led most independent journalists and editors to
practice some degree of self-censorship.
Libel remained a criminal offense, although the number of libel
prosecutions decreased significantly during the year. The law allows
for large fines and up to three years' imprisonment for persons
convicted of libel. In previous years the Government used defamation
suits and the threat of exorbitantly high fines for libel to intimidate
and harass the media. Fine payments due from previous defamation suits
threatened the financial viability of the print media and journalists,
although a few days before the presidential election, the Azadlig and
Yeni Musavat opposition newspapers learned that payment of their large
fines would be suspended for an undetermined period of time. Government
reliance on measures that hampered printing and distribution of
independent newspapers and magazines remained largely unchanged.
Most newspapers and magazines were printed in government publishing
houses or on private printing presses owned by individuals who had
connections with government officials. The majority of independent and
opposition newspapers remained in precarious financial situations; they
continued to have problems paying wages, taxes, and periodic court
fines. Most relied on political parties or influential sponsors for
financing, as the advertising-based business model was weak.
The Government prohibited some state libraries from subscribing to
opposition newspapers. The Government also continued to prohibit state
businesses from buying advertising in opposition newspapers and
pressured private business to do the same. Political commentators said
in October that this problem reduced the wages opposition and
independent outlets could pay to their journalists, allowing
progovernment outlets to poach 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.
Nakhchivan and Baku-based journalists reported that authorities in
the exclave of Nakhchivan continued to block distribution of opposition
newspapers.
Internet Freedom.--The Government generally did not restrict access
to the Internet, but it required Internet service providers to be
licensed and have formal agreements with the Ministry of Communications
and Information Technologies. Penetration was low, particularly outside
the capital city. There was no evidence to support the widely held
belief that the Government monitored Internet traffic of foreign
businesses and opposition leaders. However, during the year authorities
blocked public access in Azerbaijan to two Web sites of an independent
NGO, the Election Monitoring Center, although the sites were accessible
from abroad. In January 2007 there were credible reports that
authorities blocked public Internet access to a Web site containing a
petition regarding utility price increases, temporarily arresting the
creator of the site, Bakhtiyar Hajiyev.
Domestic observers reported that, on several occasions during the
year, the Government temporarily blocked public Internet access to a
Web site popular for lampooning the president. There were reportedly
greater restrictions on the Internet in Nakhchivan, where residents
claimed they were unable to view opposition Web sites. Access to the
Internet was limited to urban centers due to lack of infrastructure.
Academic Freedom and Cultural Events.--The Government on occasion
restricted academic freedom.
Some domestic observers raised concerns about the Government's
selection of participants for state-sponsored study abroad programs.
The Government maintained that its selection process was transparent
and political affiliation was not a factor.
The opposition Musavat Party continued to report that, since 1993,
37 opposition members had been fired from positions as teachers in
state educational institutions. During the presidential election
campaign, students at several universities reported pressure from deans
to avoid cooperation with an independent NGO monitoring the election.
Some students reported being directed by the deans of their faculties
to change voter registration from their home districts so that they
would have to vote at the university. Others reported that universities
required students to attend propresidential rallies, providing
transportation and threatening students with expulsion if they did not
attend. In another case, students were threatened with expulsion from
their dormitory if they participated in election monitoring.
There were no reports of government restrictions on cultural
events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly; however, the
Government severely restricted this right in practice. Although the
constitution stipulates that groups may peacefully assemble only with
prior notification of relevant government bodies, the Government
continued to interpret this provision as a requirement for advance
permission from the Baku mayor's office.
On June 26, new amendments to the law on freedom of assembly
entered into force. A review of the amended law by international
organizations noted that it met most international standards, and
numerous international observers called on the Government to implement
it fully. However, in practice the Government continued to require all
sanctioned rallies to be held at designated locations far removed from
the city center, a stipulation most political parties and NGOs found
unacceptable. In contrast, the ruling Yeni Azerbaijan Party held a
large rally in a central square on the evening of October 15 to
celebrate the reelection of the president. Opposition parties had been
denied permission to hold a rally in the same square. The five main
opposition parties chose not to participate in the presidential
election during the year, citing as one objection their inability to
assemble freely. The Government denied opposition and some other
requests to hold political rallies on multiple occasions and broke up
several unsanctioned pickets and demonstrations, often detaining
participants for several hours.
On January 31, the Dalga youth movement attempted to hold a rally
commemorating the founder of the 1918 Azerbaijani Republic. The rally
was broken up by police, who detained 14 participants. On July 4,
police also broke up a demonstration by the Dalga youth movement
outside the OSCE office in Baku and detained three members for several
hours.
On April 25, the opposition Musavat party applied to Baku municipal
authorities to hold a rally in one of three locations in central Baku
that appeared to be in compliance with the freedom of assembly law. The
application was denied, and the party took the case to court. The Court
of First Instance and the Baku Appellate Court decided in favor of the
Baku authorities. The case was awaiting hearing at the Supreme Court at
year's end.
On June 17, July 11, and August 1, police broke up small,
unsanctioned pickets held by the Musavat party in central Baku, each
time detaining several demonstrators for a few hours. The Baku
Municipal authorities denied permission to hold these three events due
to the proximity of the pickets to the municipal authority
headquarters, which is prohibited under the law. In addition Baku
municipal authorities prevented several other planned opposition
rallies and protests by denying permit requests and insisting on venues
the opposition considered unacceptable due to their distance from
central Baku.
In August, authorities allowed young people to hold an unsanctioned
rally in central Baku in support of Georgia during the conflict between
Georgia and Russia.
The OSCE's final report on its observation of the presidential
election stated that Baku officials interpreted the amended freedom of
assembly law in a restrictive manner during the preelection period,
denying requests by an opposition coalition to hold rallies in the
center of the city.
On December 24, Baku police reportedly broke up a demonstration
against a constitutional referendum planned for 2009 whose provisions
included the elimination of presidential term limits. During the rally
in front of the Constitutional Court, police reportedly arrested 10
people on site, of whom three were subsequently detained.
Freedom of Association.--The law provides for freedom of
association, although in practice the Government's restriction of this
right worsened 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 (SCWRA). Although the law
requires the Government to act on registration applications within 30
days of receipt, vague, cumbersome, and nontransparent registration
procedures continued to result in long delays that effectively limited
citizens' right to associate.
The Government continued to use a 2003 requirement for all existing
NGOs to reregister with the Justice Ministry to delay or deny
registration to some previously registered groups, often citing the
failure of applicants to follow proper procedures. During the year the
ministry registered 246 NGOs. The ministry did not provide information
on the total number of NGO applications received or rejected during the
year.
In February, the Ministry of Justice registered the Election
Monitoring Center (EMC), an independent nonpartisan NGO, after it had
rejected its application for several years. On May 14, however, a Baku
court ordered the deregistration and dissolution of the organization,
based on an appeal from the Ministry of Justice, ostensibly due to
alleged technical flaws in the organization's registration application.
The verdict was implemented immediately and the usual grace period was
not implemented. The EMC maintained that the flaws did not constitute
legal grounds for the entire organization to be deregistered and
immediately dissolved. The EMC appealed the verdict and filed a
separate case against the organization's immediate dissolution. Both
cases were rejected by the Baku Appellate Court and, at year's end,
were awaiting a hearing at the Supreme Court.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion; however, burdensome registration requirements and
selective harassment of religious groups marred application of the law.
Although the law expressly prohibits the Government from interfering in
the religious activities of any individual or group, there are
exceptions, including cases where the activity of a religious group
threatens public order and stability. Most religious groups met without
government interference; however, local authorities monitored religious
services, and officials harassed and detained members of Islamic and
``nontraditional'' religious groups.
There appeared to be a distinction between how the Government
treated groups it perceived as ``traditional'' and ``nontraditional.''
Traditional religious groups included Islamic communities registered
with the Government, Jewish groups, the Orthodox Church, and the
Catholic Church. Groups perceived as nontraditional included
unregistered Islamic groups, Jehovah's Witnesses, and several
Protestant communities. In general the traditional groups reported no
religious freedom problems, while nontraditional communities frequently
complained they were the victims of selective harassment or that the
Government arbitrarily created obstacles to their registration.
A number of legal provisions enable the Government to regulate
religious groups, particularly a requirement that religious
organizations, including individual congregations of a religious group,
be registered. Muslim religious groups must receive a letter of
approval from the Caucasus Muslim Board (CMB) before they can be
registered by the SCWRA. The SCWRA and its chairman have broad powers
over registration and can both control the publication, import, and
distribution of religious literature and suspend the activities of
groups violating the law.
Registered Muslim organizations are subordinate to the CMB, a
Soviet-era entity that appointed Muslim clerics to mosques,
administered Islamic educational institutions, periodically monitored
sermons, and organized annual hajj pilgrimages. Some local Muslim
believers criticized the CMB's and the SCWRA's ability to register and
regulate their communities.
During the year the SCWRA registered 102 new groups, 101 of which
were Islamic and one of which was Jewish, and did not reject
applications. There were 529 total registered religious communities in
the country, of which 497 were Islamic and 32 were non-Islamic.
Several groups reported that the SCWRA sometimes failed to rule on
registration applications in a timely manner, and some groups
complained that the SCWRA or local officials made the application
process difficult or impossible for nontraditional communities.
Unregistered organizations were vulnerable to being declared illegal
and closed or subjected to selective harassment by authorities. The
SCWRA continued to delay or deny registration to a few Protestant
Christian groups.
A variety of unregistered religious groups continued to function,
including Muslim groups, members of Jehovah's Witnesses, and some
evangelical Christians. SCWRA estimated that there were 160
unregistered groups. However, some unregistered groups-particularly
nontraditional religious organizations-were subject to periodic and
selective police harassment in the form of disruption of religious
services and intimidation. Local law enforcement officials occasionally
monitored religious services and reportedly singled out some observant
Christians and Muslims for searches on the grounds of security. Local
observers claimed that local authorities routinely monitored certain
mosques.
Some Muslim representatives criticized the Government for adopting
a heavy-handed stance in reaction to the August 17 bombing of the Abu
Bakr mosque. After the bombing, authorities closed down the heavily
attended mosque. On October 27, the Narimanov District Court ruled that
the mosque should be reopened, but it remained closed at year's end.
Several trials had not brought the mosque any closer to being re-
opened. Authorities also prevented the Abu Bakr congregation from
praying outside on the steps of the closed mosque or outside of other
Baku mosques. There was a spike in the number of reported detentions
and forced beard-shavings in Baku after the bombing.
A number of practicing Muslims asserted that the Government often
failed to distinguish between practicing Muslims and extremists. They
charged that the Government often adopted a heavy-handed approach to
practicing Muslims and, in the process, failed to grant them genuine
religious freedom. This approach reportedly included forcibly shaving
the beards and finger-printing of Muslims, banning prayers outside
mosques, and pressuring certain television stations not to run
religious programming. A number of Muslims criticized the CMB for
trying to monopolize all Islamic religious practices in the country.
In June, police disrupted two Jehovah's Witnesses services being
conducted in private apartments in Baku suburbs. In both cases police
detained several participants for several hours before releasing them
without charges.
In June, police in Zagatala arrested Baptist pastor Hamid Shabanov
for allegedly possessing an illegal weapon. Local Baptists claimed the
authorities planted the weapon in Shabanov's residence. International
and domestic court monitors reported procedural violations in
Shabanov's trial, which was ongoing at year's end. In December the
court ordered Shabanov to house arrest, as there was not enough
evidence to continue holding him in a detention facility. The court
refused to acquit him entirely, however.
The law expressly prohibits religious proselytizing by foreigners,
and officials enforced this strictly. In August authorities deported a
Russian citizen who was a Jehovah's Witness on grounds of illegal
proselytizing. According to the law on religious freedom, citizens are
free to share their faith; however, in practice proselytizing of
``nontraditional'' religions was often discouraged. The Government was
concerned about Islamic missionary groups (predominantly Iranian Shi'a
and Salafi Sunni) operating in the country and continued to restrict
their activities.
The law permits the production and dissemination of religious
literature with the approval of the SCWRA; however, authorities
appeared to selectively restrict the import and distribution of
religious materials. Obtaining permission to import religious
literature remained burdensome and Islamic and Christian groups
complained about the lengthy approval process. During the year there
were multiple episodes in which police confiscated allegedly radical
Islamic literature in several areas of the country. However, the SCWRA
also facilitated the importation of some literature, and the process
appeared to be improving, albeit in an arbitrary manner.
The law does not restrict the right of women to wear the Muslim
headscarf in educational or state facilities. Women are not allowed to
wear headscarves in photos for passports and other official identity
documents. In practice the Government did not restrain university
administrators or employers from selectively pressuring some women not
to wear headscarves.
The Government had not developed an alternative service option for
fulfilling one's mandatory military service requirement at year's end.
The lack of such an option remained a problem for several members of
Jehovah's Witnesses, who conscientiously objected to serving in the
military.
Societal Abuses and Discrimination.--There were some reports of
societal abuses or discrimination based on religious affiliation,
belief, or practice. There was popular prejudice against Muslims who
converted to other faiths and hostility toward groups that
proselytized, particularly evangelical Christian and other missionary
groups.
The Government actively tried to promote religious tolerance. The
SCWRA convened leaders of various religious communities on several
occasions. During the year the SCWRA organized several seminars,
conferences, and regional meetings on religious freedom and tolerance.
There were no reports of anti-Semitic acts against the country's
15,000-member Jewish community.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, although at times the Government limited freedom of
movement, particularly for internally displaced persons (IDPs). The
Government cooperated with the Office of the UN High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in providing
protection and assistance to IDPs, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern. However, in
2007 responsibility for all refugee issues, including refugee status
determination, was moved from the deputy prime minister to the newly
created State Migration Service. International NGOs reported that this
new department remained inefficient and did not operate as
transparently as the previous one.
The law requires men of draft age to register with military
officials before traveling abroad. 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.
The law prohibits forced exile, and the Government did not employ
it.
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.
According to the International Organization for Migration (IOM), some
Armenians of mixed descent reported to a local NGO that they had
problems with officials in the passport and registration department
when applying for identification cards. Applicants who applied with
Azerbaijani surnames encountered no problems except for having to pay
bribes.
Azadlig reporter Agil Khalil reported border guards prevented him
from leaving the country on three occasions during the summer, claiming
he was on trial and could not legally leave the country. Khalil
publicly noted he was not a defendant but a victim in an open case and
should therefore be allowed to leave. Authorities eventually permitted
Khalil to depart in July.
Since his 2004 conviction for participating in post-election
demonstrations in 2003, the Government prevented the imam of the Juma
Mosque (shut down by the authorities since 2004), Ilgar Ibrahimoglu,
from traveling outside the country, including to several meetings of
the UN and the OSCE, where he was to be an official NGO participant.
Since 2006 the Government has prevented the foreign travel of
Popular Front Party (PFP) chairman Ali Kerimli by refusing to renew his
passport, citing an outstanding civil complaint against him from 1994.
The Government had renewed Kerimli's passport on several occasions in
the intervening years without objection. Kerimli filed an appeal on the
decision, which was initially rejected at all levels of the court
system. However, on February 15 the Supreme Court preserved one aspect
of Kerimli's case but ruled that it must be refiled as a criminal
complaint. Kerimli refiled the case, but did not prevail. Having
exhausted his options under the country's legal system, Kerimli was
preparing to take the case to the ECHR at year's end.
Internally Displaced Persons (IDPs).--At year's end there were
572,531 UNHCR-registered IDPs in the country. The vast majority fled
their homes between 1988 and 1993 as a result of the Nagorno-Karabakh
conflict. The Government reported a total of 686,586 IDPs.
IDPs were required to register their place of residence with
authorities and could live only in approved areas. This so-called
propiska system, a carryover from the Soviet era, was imposed mainly on
persons who were forced from their homes after ethnic Armenian
separatists took control of Nagorno-Karabakh and adjacent territories
in the western part of Azerbaijan. The Government asserted that
registration was needed to keep track of IDPs to provide them with
assistance.
The Government reported that, during the year, 60 international and
40 domestic humanitarian organizations, and 15 nonbank credit unions
implemented projects independent of the Government related to refugees
and IDPs, spending a total of approximately $30 million. The Government
stated that it supplemented this spending with money from the national
oil fund to improve living conditions for IDPs and refugees. During the
year the Government completed the construction of five new settlements
for refugees and IDPs, in which 1,000 families lived.
In 2007, the State IDP and Refugee Committee's estimated
expenditures were 150.1 million manat (approximately $174.5 million).
IDPs received monthly food subsidies of approximately nine manat
(approximately $10.50) from the Government.
Protection of Refugees.--The law provides for the granting of
asylum and refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to some
refugees through the refugee status determination department. While the
department progressed in many ways, improvement was offset by a series
of court rulings on refugee status determinations that rejected all
appeals of negative asylum decisions.
In practice, the Government provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. During the year, 2,657 persons were
recognized by the UNHCR as refugees or asylum seekers. The Government
received 134 applications for refugee status, denied 100 applications,
and granted refugee status to 11 persons. At year's end, 23 cases
remained under consideration. The Government did not provide any
notable assistance to government- or UNHCR-recognized refugees or
asylum seekers.
The UNHCR considered the Government's forced return to Turkey in
October 2007 of a Turkish citizen of Kurdish ethnicity as contrary to
the country's obligations under the 1951 UN convention and a clear
violation of the principle of nonrefoulement. UNHCR also considered the
March 2007 imprisonment of an Iranian citizen for illegal entry as a
breach of Article 5 of the 1999 refugee law, which stipulates
nonamenability of illegal entry for those seeking asylum.
More than 65 percent of the 2,657 refugees registered and
recognized by the UNHCR in the country were Chechens from Russia. The
Government does not recognize Chechens as refugees as established under
the 1951 convention and it did not accept asylum applications from
Chechens. As a result, the UNHCR continued to carry out all protection
and assistance functions for Chechens in the country.
Despite UNHCR recognition of many Chechens and Afghans as refugees,
the laws on residence, registration, and the status of refugees and
IDPs did not apply to Chechens and Afghans. They were required to
register with police and were not entitled to residence permits.
Chechens were permitted to enter the country visa-free under a
bilateral passport system with Russia. However, most Chechens could not
afford the associated costs to acquire passports. The UNHCR reported
two Chechens were being held in pre-trial detention awaiting
extradition to Russia at year's end. After reviewing the cases, the
UNHCR dropped its objection to the extradition of one individual. Both
cases were awaiting a decision from the ECHR at year's end.
According to the UNHCR, 138 Chechens sought and were granted
protection during the year, a 46 percent decrease from the previous
year. All refugee children registered with the UNHCR were allowed to
attend public schools. However, because Chechens and Afghans do not
have legal resident status in the country, they were not permitted
access to public medical services. The UNHCR provided basic medical
assistance through the support of foreign donors.
During the year, 157 Afghans arrived and registered with the UNHCR,
a decrease from previous years. During the year Afghans complained of
police visits to their homes, with the implied threat of deportation.
There were no reports of forced return of Afghans.
The Government has no legal mechanism to provide temporary
protection to individuals who do not qualify as refugees under the 1951
convention and the 1967 protocol. However, the Government accepted the
UNHCR identification card issued to Chechens and Afghans.
Stateless Persons.--Citizenship is derived by birth within the
country or from one's parents. The law provides for the right to apply
for stateless status. However, in practice, many persons could not
obtain the documentation required for the application, and therefore
remained formally unrecognized.
According to UNHCR statistics, there were 2,078 stateless persons
in the country at the end of 2007. The vast majority of these persons
were ethnic Azeris from Georgia or Iran. There were also an estimated
10,000 undocumented stateless persons in the country during the year,
among them Meskhetian Turks, whose status was not formally recognized
and who did not possess a stateless certificate.
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. The Government continued to restrict this
right in practice by interfering in elections. The law also provides
for an independent legislature; however, the Milli Majlis's
independence was minimal, and it exercised little legislative
initiative independent of the executive branch. On December 19, the
Milli Majlis approved a proposal calling for a referendum on changing
the constitution to remove presidential term limits, among other
provisions.
Elections and Political Participation.--The country held a
presidential election on October 15. The final report of the OSCE
election observation mission stated that the country had made
considerable progress toward meeting its OSCE commitments and other
international standards, especially regarding some technical aspects of
election administration, but found that the election process did not
meet all of these commitments. While the OSCE mission reported that the
election was carried out in a peaceful manner, it also noted a lack of
robust competition and the absence of vibrant political discourse
facilitated by the media. The OSCE observation report concluded that
the election ``did not reflect some of the principles necessary for a
meaningful and pluralistic democratic election.''
In May the Milli Majlis adopted amendments to the election code
that partially addressed concerns raised previously by the Council of
Europe and the OSCE. These included provisions for inking of voters'
fingers, transparency of voter lists, and prohibitions on government
officials interfering in the election process. The transparency and
efficiency of the Central Election Commission was also improved.
However, the structure of election commissions at all levels-a
longstanding problem-was not made more balanced, and concerns remained
over the candidate registration process, rules on media coverage, and
complaint and appeals procedures.
The preelection period was marred by continued restrictions on
freedom of speech and freedom of assembly for the main opposition
parties. The main opposition parties boycotted the election, citing
these restrictions and problems with the election code, especially
provisions limiting their ability to campaign effectively. The
Government's failure to improve respect for freedom of assembly, its
continued control of the media and the lack of a clear distinction
between the Government and the ruling party in campaign activities
prevented a competitive campaign and reduced the citizens' opportunity
to make an informed choice in the election.
The Government registered nearly 50,000 domestic and 1,250
international election observers. However, some domestic and
international organizations reported problems with the registration
process. In particular, the EMC reported that some citizens whom it
trained had problems registering as observers in several
constituencies. The EMC also reported that 86 EMC-trained observers
withdrew from its observation mission following harassment in the days
leading up to the election. These developments followed the loss of the
EMC's registration as an NGO and the blocking of its Web sites.
According to the OSCE final election report, international
observers rated voting procedures overall as ``good'' or ``very good''
in 94 percent of polling stations visited. Serious irregularities were
witnessed, however, in finger-inking procedures. The counting process
was assessed as more problematic, including some instances of
manipulation. International observers rated 23 percent of the vote
counts observed as ``bad'' or ``very bad.'' Constituency election
commissions annulled results in eight polling stations due to
irregularities, but, in other polling stations where irregularities
occurred, the results were not annulled. Observers considered 21
percent of the tabulation processes observed to be ``bad'' or ``very
bad,'' with some disorderly and nontransparent proceedings.
The Government held national parliamentary elections in 2005. The
OSCE's final election observation report concluded that the elections
did not meet a number of the country's OSCE commitments and Council of
Europe standards for democratic elections. The OSCE concluded that the
May 2006 rerun elections in 10 of the country's 125 parliamentary
constituencies showed some improvement over the 2005 elections.
However, the OSCE noted continuing problems, including in the
composition of election commissions, interference by local authorities
in the electoral process, the voting, counting, and tabulation
processes, and the election grievance process. There were numerous
credible reports that local officials interfered with the campaign
process to the benefit of progovernment candidates in the 2005
elections and the 2006 partial rerun elections. The Government
generally respected the legal provisions of the election code.
Candidates were able to hold numerous town hall meetings with voters,
although police disrupted some gatherings.
One opposition member refused to take her seat in protest of fraud
in these elections, and the Government had not set a date for a by-
election at year's end.
In 2006, authorities held partial municipal elections around the
country. The opposition Azadliq bloc, comprised of the PFP, Azerbaijan
Democratic Party, and Azerbaijan Liberal Party, boycotted the municipal
elections, asserting that the composition of local election commissions
made the elections inherently unfair. Some of these municipal elections
were reruns of 2004 municipal elections, which election authorities
cancelled because of widespread fraud and irregularities.
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. Opposition party members in the exclave of Nakhchivan
reported instances of pressure by local officials to join the ruling
party.
During the year, opposition parties played a less active role in
politics than in previous years. Members of the opposition were more
likely to experience official harassment and arbitrary arrest and
detention than other citizens. For example, a prominent opposition
politician reported several instances in which local authorities
prevented her from meeting with private citizens during regional trips.
Regional branch opposition party members reported that local
authorities often took actions to prevent routine party activities,
such as pressuring restaurant owners not to allow opposition parties to
use their facilities for meetings and events. 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. Since 2006, opposition parties have had serious
difficulties renting office space, with some parties operating out of
their leaders' apartments reportedly because landlords were afraid to
rent office space to them due to official pressure.
There were 14 women in the 125-seat parliament. Several women held
senior government positions, including deputy speaker of parliament,
several deputy ministers, and deputy chair of the Central Election
Commission. There were no legal restrictions on the participation of
women in politics, although traditional social norms limited women's
political roles, and they were underrepresented in elective offices.
Ethnic minorities, such as the Lezghins, Talysh, and Avars,
continued to serve in parliament and in government.
Government Corruption and Transparency.--The law penalizes
corruption by outlawing bribery; however, there was widespread public
perception of corruption throughout all facets of society, including
the civil service, government ministries, and the highest levels of
government. The World Bank's worldwide governance indicators reflected
that corruption was a severe problem. Criminal cases related to
corruption were opened during the year, specifically on bribery
charges; however, these cases had little or no impact on the prevalence
of bribery and corruption in the country.
In July 2007, the Government adopted its second national strategy
for increasing transparency and combating corruption. The strategy
established a framework for increasing the accountability of
government, cooperating with civil society and systematically
monitoring and reporting on the implementation of anticorruption
measures. The law on financial disclosure requires officials to report
annual income, sources of income, property owned, and financial
liabilities. It also prohibits nepotism and limited gifts and direct or
indirect financial benefits to public officials or third parties. These
provisions had not been implemented at year's end.
The law provides for public access to government information by
individuals and organizations; however, the Government often did not
provide access. Although government ministries have separate procedures
on how to request information, they routinely denied requests, claiming
not to possess the information. Individuals have the right to appeal
the denials in court; however, the courts generally upheld the
decisions of the ministries.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Although the
Government maintained ties with some human rights NGOs and responded to
their inquiries, on occasion the Government criticized and intimidated
other human rights NGOs and activists. The Ministry of Justice
continued routinely to deny or fail to register some human rights NGOs.
The major local human rights NGOs were the Association for the
Protection of Women's Rights, the Bureau of Human Rights and Respect
for the Law, the Azerbaijan Foundation of Democracy Development and
Human Rights Protection, Azerbaijani Committee against Torture (ACAT),
the Institute for Peace and Democracy, the Helsinki Citizens' Assembly,
IRFS, and the Human Rights Center of Azerbaijan. Most of the leading
NGOs affiliated themselves with one of two independent, umbrella
organizations, the Human Rights Federation and the Monitoring Group of
Human Rights Organizations.
The Government met with a variety of domestic NGO monitors. The
Ministry of Justice participated in a joint political prisoner review
committee with several representatives of the human rights community,
which indirectly led to the release of a number of alleged political
prisoners. The Ministry of Internal Affairs allowed one NGO, ACAT, to
have immediate access to police and pretrial detention facilities;
during the year the NGO continued to exercise this right without
obstruction and reported on its findings.
Several NGOs reported that the Government and police at times
refused to protect them from so-called provocateurs who threatened,
harassed, and attacked NGO activists and vandalized their property.
During the year, Akifa Aliyeva of the Helsinki Citizens' Assembly
reported repeated harassment by local authorities in connection with
her work defending the rights of a Ukrainian prisoner in Ganja.
The registration process for NGOs remained cumbersome and included
requirements to register grants from foreign entities. NGO grants from
foreign entities are subject to a social security tax of 22 percent on
employee salaries, although grants from a few countries with bilateral
agreements with the Government were subject to only a two percent tax.
NGO activists reported that these provisions inhibited their
organizations' activities.
On August 14, the NGO Council announced the first round of grants
in a government program, giving over 1.15 million manat (approximately
$1.4 million) to 191 NGOs. While many of these NGOs were considered to
be progovernment, some NGOs that were critical of the Government also
received grants.
The Government generally permitted visits by UN representatives and
other international organizations, such as the ICRC. International
NGOs, such as RWB, generally operated without government hindrance.
Citizens may appeal violations committed by the state or by
individuals to the ombudswoman for human rights. The ombudswoman may
refuse to accept cases of abuse that are over a year old, anonymous
complaints, and cases already being handled by the judiciary. Data were
not available on the number of complaints received and resolved by the
ombudswoman during the year.
The Office of the Ombudsman took the lead in implementing the
Government's 2006 human rights action plan. During 2007 the ombudswoman
reported that she had established a working group, which included five
subcommittees, to focus on the areas identified as priorities in the
action plan. As of year's end implementation of the plan was uneven.
During the year the ombudswoman traveled around the country to hear
human rights complaints, cooperated with foreign diplomats and domestic
NGOs working on human rights, and submitted an annual report to the
Milli Majlis. However, local human rights NGOs and activists criticized
the ombudswoman's work as ineffective and generally regarded her as not
independent of the Government.
The Milli Majlis and the Ministry of Justice also had human rights
offices that heard complaints, conducted investigations, and made
recommendations to relevant government bodies. Officials of the human
rights office within the Ministry of Foreign Affairs regularly met with
the diplomatic community to discuss issues of concern. The Milli
Majlis's human rights body did not operate fully independently of
government influence.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law provides for equal rights without respect to gender, race,
language, disability, or social status, but the Government did not
always respect these provisions or effectively enforce them. Violence
and discrimination against women, trafficking of persons, and
discrimination against ethnic Armenians were problems.
Women.--The Government did not provide data on the number of rapes
reported during the year. In 2007, 86 cases of rape were reported to
authorities. Most rape victims reportedly knew their assailants but did
not report incidents out of fear and shame. Rape is illegal and carries
a maximum 15-year prison sentence. Violence against women, including
domestic violence, continued to be a problem. In rural areas women had
no effective recourse against assaults by their husbands or others.
There are no laws on spousal abuse or specific laws on spousal rape.
There were no government-sponsored programs for victims of rape or
domestic violence. In Baku a women's crisis center operated by the
Institute for Peace and Democracy provided free medical, psychological,
and legal assistance to women. The center also worked on a number of
projects funded by international donors to combat gender-based violence
and trafficking in persons in the Caucasus region. Representatives of
the institute regularly appeared on popular television talk shows to
discuss women's issues.
Prostitution is an administrative offense rather than a crime and
is punishable by a fine of up to 88 manat (approximately $102). Pimps
and brothel owners may be sentenced to prison for up to six years.
Prostitution was a serious problem, particularly in Baku.
The law does not directly prohibit sexual harassment.
Women nominally enjoy the same legal rights as men; however,
societal discrimination was a problem. Traditional social norms and
lagging economic development in the country's regions continued to
restrict women's roles in the economy, and there were reports that
women had difficulty exercising their legal rights due to gender
discrimination. Women were underrepresented in high-level jobs,
including top business positions.
Children.--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 beg
rather than attend school.
According to the Ministry of Internal Affairs, five cases of rape
and 20 cases of sexual abuse of children were reported in 2007. There
were reports that children were trafficked for sexual exploitation and
begging. During the year, five victims of sex trafficking were under
the age of 18.
Child marriage was not considered a significant problem, although
evidence suggested it was growing, primarily in rural central and
southern regions among poor families.
A large number of refugee and IDP children lived in substandard
conditions in camps and public buildings. In some cases these children
were unable to attend school.
Trafficking in Persons.--The criminal code prohibits all forms of
trafficking in persons; however, there were reports that persons were
trafficked to, from, and within the country.
The country was primarily a source and transit point for women,
men, and children trafficked for sexual exploitation and forced labor.
Central Asian, Russian, and local women and girls were trafficked from
or through the country to the United Arab Emirates, Turkey, Iran,
India, and Pakistan for exploitation in the sex industry. Men were
trafficked to Russia for forced labor. Although there were no official
reports of internal trafficking, domestic monitors reported a growing
trend of internal trafficking of women for sexual exploitation, of men
for forced labor in the construction industry, and of children for
begging. During the year the Government reported it identified 78
trafficking victims, two of which were cases of child trafficking.
Traffickers generally targeted women.
Traffickers were either foreigners or ethnic Azerbaijanis who acted
in loose concert with international networks. They approached victims
directly and indirectly through friends and relatives, usually offering
to arrange employment abroad. Traffickers also used deceptive newspaper
advertisements offering false work abroad. Traffickers reportedly used
forged documents to move victims. They also used fraudulent marriage
proposals from men posing as Iranian businessmen to lure women into
prostitution in neighboring Iran.
During the year, 61 persons were prosecuted to completion under the
law against trafficking in persons. At year's end, 35 trials were
ongoing. One person was convicted of document forgery in a trafficking-
related case. Most trafficking-related crimes prosecuted during the
year carried maximum penalties of between five and 12 years'
imprisonment, except for rape and sexual violence, which both carried
maximum 15-year prison sentences. There also are specific criminal
penalties for enslaving, raping, and forcing children into
prostitution.
The deputy minister of internal affairs, a known human rights
violator, was the national coordinator for government antitrafficking
activities. This constituted an obstacle to maintaining a victim-
centered approach to the Government's antitrafficking efforts,
monitoring relevant government bodies' efforts, and dealing with the
NGO community. Government bodies involved in antitrafficking included
the Ministries of Internal Affairs, Foreign Affairs, Justice, National
Security, and Health; the prosecutor general; the state border guard;
State Customs Service; and the State Committee on Family, Women's and
Children's Issues. The Ministry of Internal Affairs has a separate
countertrafficking department. In February the Government opened a
national hot line for victims of trafficking. During the year the
Government did not receive any requests to assist with extradition or
international investigations of trafficking cases.
There was no evidence of official complicity in trafficking, but
corruption in some government agencies facilitated trafficking.
The law provides protections for trafficking victims by relieving
them from civil, administrative, and criminal responsibility for
offenses committed under coercion, intimidation, or other trafficking
conditions. However, in practice, victims were subjected to verbal
abuse and stigmatization by judges. Victims were often treated as
criminals and penalized solely for unlawful acts they committed as a
direct result of being trafficked. The law allows the use of pseudonyms
to protect the identity of victims and provides for their assistance
and shelter. The Government did not systematically screen vulnerable
population groups to identify trafficking victims.
There was no standardized mechanism to return trafficked women to
their country. According to the IOM, some Azerbaijanis and foreign
nationals who were either victims of trafficking or engaged in
prostitution were deported to the country, primarily from Turkey. A few
trafficking victims deported from Dubai received assistance from
Azerbaijani NGOs. However, the Government had no program to assist
them.
The lack of a standardized victim referral network remained a
problem. The Government referred victims to a government-funded
shelter, which provided victims with access to legal, medical, and
psychological services. During the year 52 victims received assistance
at the shelter. In August, the IOM started a project with the
countertrafficking department of the Ministry of Internal Affairs to
strengthen management capacity of the shelter and hot line services by
training their staff and formulating operational guidelines. A poster
publicizing the Government's national hot line developed by the IOM's
antitrafficking advisor was printed and distributed to various NGOs,
international organizations and government agencies. The Government,
while fully funding the hotline, does not operate it directly and has
not actively advertised it.
During the year, the Government continued to implement its
antitrafficking action plan.
Several NGOs, such as the Institute for Peace and Democracy's
Women's Crisis Center and Clean World, and government bodies, such as
the State Committee for Women's and Children's Issues, worked on
antitrafficking activities. The Ministry of Internal Affairs claimed to
have conducted 70 trafficking awareness programs in various parts of
the country.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, and access
to health care, or the provision of other state services, but
discrimination in employment was a problem. It was commonly believed
that children with disabilities were ill and needed to be separated
from other children and institutionalized. Several international and
local NGOs developed educational campaigns to change social perceptions
and reintegrate disabled children.
There are no laws mandating access to public or other buildings for
persons with disabilities, and most buildings were not accessible.
Care in facilities for the mentally ill and persons with
disabilities varied; some provided adequate care while others lacked
qualified caregivers, equipment, and supplies to maintain sanitary
conditions and provide a proper diet.
The Ministries of Health and Labor and Social Welfare were
responsible for protecting the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--Some of the approximately
20,000 citizens of Armenian descent living in the country historically
complained of discrimination in employment, schooling, housing, the
provision of social services, and other areas. Citizens who were
ethnically Armenian often concealed their ethnicity by legally changing
the ethnic designation in their passports. There were no reports of
discrimination against Armenians during the year.
Some groups reported sporadic incidents of discrimination,
restrictions on the ability to teach in their native languages, and
harassment by local authorities. These groups included Talysh in the
south, Caucasian Lezghins in the north, displaced Meskhetian Turks, and
displaced Kurds from the Lachin region controlled by Armenia-supported
Nagorno-Karabakh separatists.
On June 24, the Baku Court of Grave Crimes sentenced Novruzali
Mammadov to 10 years'imprisonment for high treason. Mammadov, editor in
chief of the Talysh Sedo newspaper, had been detained since February
2007, during which time his lawyers alleged he was beaten by security
forces. Some local NGOs alleged that his arrest was related to his
ethnicity and cultural activities.
Other Societal Abuses and Discrimination.--The Government did not
officially condone discrimination based on sexual orientation; however,
there was societal prejudice against homosexuals.
According to the European Region of the International Lesbian and
Gay Association's 2007 report, lesbians, gays, bisexuals, and
transsexuals in the country were subjected to human rights abuses,
discrimination, and social exclusion. The report characterized the
community as ``vulnerable and exposed to extortion by law enforcement
officials,'' facing problems such as ridicule, forced bribes, abuse,
and in some cases rape by law enforcement officials. The report noted
that the community lived under a constant fear of being ``outed'' to
family, friends, and colleagues.
There were no reports of societal violence or discriminations
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law provides for freedom of
association, including the right to form labor unions, but there were
some restrictions on this right in practice. The overwhelming majority
of labor unions remained tightly linked to the Government, with the
exception of the independent journalists' unions.
Uniformed military and police are prohibited from participating in
unions, although civilians working in the Ministries of Internal
Affairs and Defense were allowed to do so. The law also prohibits
managerial staff from joining a union, but managers in government
industries often had union dues automatically deducted from their
paychecks.
The Azerbaijani Trade Union Confederation (ATUC) had approximately
1.6 million members, representing 28 labor federations in various
industrial sectors. Although the ATUC was registered independently,
some workers considered it closely aligned with the Government.
The law allows trade unions to conduct their activities without
government interference; in practice most unions were not independent.
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, and
railway and air traffic control workers. Striking workers who disrupt
public transportation can be sentenced up to three years' imprisonment.
The law prohibits retribution against strikers such as dismissal or
replacement. However, a local NGO claimed workers in the oil industry
were largely unaware of their rights and afraid of retribution if they
issued complaints.
Labor legislation applied to all workers and enterprises in the
country; however, the Government may negotiate bilateral agreements
with multinational enterprises that effectively exempt such enterprises
from national labor laws. For example, production sharing agreements
(PSAs) between the Government and multinational energy enterprises
signed in 1994 and subsequent years do not provide for employee
participation in a trade union. Some labor organizations and local NGOs
reported that some of these companies discouraged employees from
forming unions, and most employees of multinational enterprises
operating under the PSA arrangements were not union members, although
there were exceptions. No new labor unions have been formed at these
companies since 2005.
Trade unions may legally engage in political activity, but in
practice exercise an extremely limited political role.
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. As a result, unions did not have resources to carry
out their activities effectively. Unions had no recourse to investigate
the withheld funds.
Membership in the Union of Oil and Gas Industry Workers remained
mandatory for the State Oil Company's 65,000 workers, whose union dues
(2 percent of each worker's salary) were automatically deducted from
their paychecks.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining agreements to set wages in state
enterprises. In reality unions could not effectively negotiate such
wage levels because government-appointed boards ran major state-owned
firms and set wages for all government employees. Collective bargaining
agreements were often treated as formalities and not commonly used.
There were no reports of government antiunion discrimination; labor
disputes were primarily handled by local courts, which, while not
exhibiting antiunion discrimination, were widely considered corrupt.
There were reports of antiunion discrimination by foreign companies
operating in Baku. Labor NGOs reported that multinational energy
companies and their subcontractors often discouraged union membership
by their employees. For many multinational companies, this behavior was
enabled by the absence of union membership rights in the PSAs. Domestic
observers reported some acts of discrimination against local workers in
multinational companies, such as different wages paid to foreign and
local workers for the same jobs, the lack of formal contracts for some
local workers, and different standards of housing for foreign and local
workers along Baku-Tbilisi-Ceyhan pipeline construction sites. There
were reports of oil industry workers being asked to sign blank
contracts to be filled in later.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution and
law allow forced or compulsory labor under circumstances of war or in
the execution of a court's decision under the supervision of a
government agency. Some observers reported that there were infrequent
occurrences of forced or compulsory labor, including trafficking in
women, men, and children for sexual exploitation, forced labor, and
begging. Men and boys were trafficked to Russia for forced labor.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law provides for the protection of children from exploitation in the
workplace and from work that is dangerous to their health, and there
were few complaints of abuses of child labor laws. However, there were
reports that children were trafficked for commercial sexual
exploitation and begging.
The minimum age for employment depended on the type of work. In
most instances the law permits children to work from age 15; 14*year-
old children may work in family businesses or, with parental consent,
at after-school jobs during the day that pose no hazard to their
health. Children under 16 may not work more than 24 hours per week;
children between 16 and 18 may not work more than 36 hours per week.
The law prohibits employing children under 18 in jobs with difficult
and hazardous work conditions. The Ministry of Labor and Social
Security is responsible for enforcing child labor laws. However, the
unit responsible is considered ineffective.
e. Acceptable Conditions of Work.--On January 1, the Government
raised the minimum monthly wage to 60 manat (approximately $73) per
month. The minimum wage was insufficient to provide a decent standard
of living for a worker and family and was four manat (five dollars)
below the official poverty level of 64 manat ($78) set by the
Government. The Ministry of Taxes, the Ministry of Labor, and the State
Social Protection Fund share responsibility for enforcing the minimum
wage. However, in practice the minimum wage was not effectively
enforced.
The law provides for a 4-hour work week; the maximum daily work
shift is 12 hours. Workers in hazardous occupations may not work more
than 36 hours per week. The law requires lunch and rest periods, which
are determined by labor contracts and collective agreements. It was not
known whether local companies provided the legally required premium
compensation for overtime, although international companies generally
did. There was no prohibition on excessive compulsory overtime.
However, most individuals worked in the informal economy, where the
Government did not enforce contracts or labor laws.
The law sets health and safety standards; however, government
inspections of working conditions were weak and ineffective, and
standards were widely ignored. The ATUC monitored compliance with labor
and trade regulations, including safety and health conditions.
Workers did not have the right to remove themselves from situations
that endangered their health or safety without jeopardizing their
employment. According to the Oil Workers Rights Defense Council, an NGO
dedicated to protecting worker rights in the oil sector, two oil sector
workers died in workplace accidents during the year. Both were
employees of the state oil company. ATUC recorded a total of five
deaths in the whole of the energy sector and 18 deaths in state-owned
enterprises. The International Trade Union Confederation reported that
the Government's bilateral agreements with multinational corporations,
the contents of which were confidential, contributed to labor rights
violations. In November 2007 the Oil and Gas Workers' Union of
Azerbaijan reached a new contract with the State Oil Company that
included greater social protections and health and safety commitments.
Workplace accidents were also a problem in other sectors of the
economy.
The law provides equal rights to foreign and domestic workers,
although local human rights groups, including the Oil Workers Rights
Defense Council, maintained that disparities existed, particularly in
foreign oil companies, where local workers were more likely to receive
lower pay and work without contracts or health care.
__________
BELARUS
According to its constitution, Belarus is a republic. It has a
population of 9.7 million, a directly elected president, who is chief
of state, and a bicameral parliament, the National Assembly, consisting
of the Chamber of Representatives (lower house) and the Council of the
Republic (upper house). A prime minister appointed by the president is
the nominal head of government. In practice, however, power is
concentrated in the presidency. Since his election in 1994 as
president, Alexander Lukashenka has consolidated his power over all
institutions and undermined the rule of law through authoritarian
means, manipulated elections, and arbitrary decrees. Subsequent
presidential elections have not been free or fair, and the September 28
parliamentary election failed to meet international standards. While
civilian authorities generally maintained effective control of the
security forces, their members continued to commit numerous human
rights abuses.
The Government's human rights record remained very poor as
government authorities continued to commit frequent serious abuses. The
right of citizens to change their government was severely restricted.
The Government failed to account for past politically motivated
disappearances. Prison conditions remained extremely poor, and reports
of abuse of prisoners and detainees continued. Arbitrary arrests,
detentions, and imprisonment of citizens for political reasons,
criticizing officials, or for participating in demonstrations also
continued. Some court trials were conducted behind closed doors without
the presence of independent observers. The judiciary branch lacked
independence and trial outcomes usually were predetermined. The
Government further restricted civil liberties, including freedoms of
press, speech, assembly, association, and religion. The Government
seized published materials from civil society activists and closed or
limited the distribution of several independent media outlets. State
security services used unreasonable force to disperse peaceful
protesters. Corruption continued to be a problem. Nongovernmental
organizations (NGOs) and political parties were subjected to
harassment, fines, prosecution, and closure. Religious leaders were
fined, imprisoned or deported for performing services, and churches
were either closed, deregistered, or had their congregations evicted.
Trafficking in persons remained a significant problem, although some
progress was made to combat it. There was discrimination against Roma,
ethnic and sexual minorities, and against use of the Belarusian
language. Authorities harassed independent unions and their members,
severely limiting the ability of the workers to form and join
independent trade unions and to organize and bargain collectively.
There were several noteworthy developments, including release of
the last nine internationally recognized political prisoners, allowing
for distribution through state-controlled outlets after a three-year
ban of two prominent independent newspapers, Narodnaya Volya and Nasha
Niva, and the registering of the civil society NGO ``For Freedom.''
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports during the year that the Government or its agents committed any
arbitrary or unlawful killings.
b. Disappearance.--There were no reports of politically motivated
or other disappearances during the year.
On April 8, the prosecutor general extended for another three
months its nine-year investigation into the 1999 disappearance of
former interior minister and opposition leader Yuriy Zakharenko.
There were no developments in the ongoing investigations in the
1999 disappearances of opposition activist Viktor Gonchar and
businessman Anatoliy Krasovskiy. In 2006 authorities suspended the
investigation into the disappearance and presumed killing in 2000 of
journalist Dmitriy Zavadskiy. There was evidence of government
involvement in these cases, but authorities continued to deny any
involvement in the disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, the Belarusian
Committee for State Security (BKGB), the Special Purpose Detachment
riot police (OMON), and other special forces continued to beat
detainees and demonstrators.
Police also beat individuals during arrests and in detention for
organizing or participating in demonstrations or other opposition
activities.
On January 10 and 21, riot police forcefully broke up
demonstrations in Minsk organized by small business owners and
activists. At both demonstrations crowds estimated at 1,500 gathered to
protest a presidential order that restricted small business hiring
practices. More than 45 entrepreneurs and activists were arrested; some
were beaten by police while in detention.
On March 25, police used force to disrupt a peaceful ``Freedom
Day'' rally in Minsk to mark the anniversary of the first independent
Belarusian republic. More than 1,000 demonstrators took part.
Approximately 100 persons were arrested and detained, including several
foreign journalists. Independent and foreign broadcast media coverage
of the rally showed riot police beating demonstrators.
On September 16, police forcefully dispersed a monthly ``solidarity
day'' gathering in Minsk to mark the 1999 disappearances of opposition
figures. Riot police forced some 40 demonstrators out of the central
square, beating several.
On September 2, the International Federation of Human Rights (FIDH)
in cooperation with the domestic human rights NGO ``Vyasna'' released a
joint report, Conditions of Detention in Belarus, based on interviews
with more than 30 persons. The report noted ``substantial evidence'' of
the use of torture and mistreatment of suspects during criminal and
administrative investigations.
Hazing of new army recruits with beatings and other forms of
physical and psychological abuse continued; however, some conditions
improved. In July the prosecutor general's office reported that
registered cases of hazing in the armed forces decreased by half, that
the crime rate in the army had decreased, and that 47 military
officials were facing minor punishment for neglecting safety
procedures.
Prison and Detention Center Conditions.--Prison and detention
center conditions remained austere and posed threats to life and health
despite limited improvements in construction of some new facilities.
There were shortages of food, medicine, warm clothing, and bedding.
Ventilation in cells and overall sanitation was poor. As a result,
tuberculosis, pneumonia, and other communicable diseases were
prevalent.
In its September 2 report, FIDH-Vyasna concluded that prison
conditions in the country were ``extremely unsatisfactory and amount to
inhumane treatment.'' Those interviewed in preparation of the report
included former prisoners and detainees, relatives of prisoners,
defense attorneys, NGO members, and a former judge. Despite numerous
requests to the Ministries of Interior and Justice, government
officials did not meet with FIDH representatives or approve requests to
visit detention facilities.
Former prisoners reported that medical check-ups were rare,
conducted by under-qualified medical personnel, and that examination
results were often fabricated. Some former political prisoners reported
that they were treated worse than murderers, subjected to psychological
abuse, and often had to share a cell with violent criminals. They also
reported that authorities neither explained nor protected their legal
rights.
Overcrowding in prisons, detention centers, and in work release
prisons, also known as khimiya, was a serious problem. Persons
sentenced to Khimiya, a form of internal exile, lived in prison
barracks and were forced to work under strict conditions. On April 22,
seven persons were sentenced to two years of khimiya and two were fined
3.5 million Belarusian rubles (BYR) (approximately $1,640) for
participating in a January 10 demonstration organized by small business
owners.
The law permits family and friends to bring detainees food and
hygiene products and to mail parcels to prisoners, but in many cases
authorities did not respect the law.
According to the Government, there were 30,000 persons in
confinement in 2007, as well as nearly 8,000 convicts in alternative
correctional facilities and 7,000 persons in pretrial detention.
Prisoners who complained about abuse of their rights often faced
humiliation, death threats, or other forms of punishment. Some said
they were blackmailed. Sources claimed that applications for parole
frequently depended on bribing prison personnel. While standard bribes
were generally between BYR 430,000 to BYR 646,000 ($200 to $300), high-
profile prisoners were often asked to pay larger amounts.
During the year there were no reports of independent monitoring of
prison conditions by domestic or international human rights groups,
independent media, or the International Committee of the Red Cross.
However, on occasion, authorities granted foreign diplomats access to
political prisoners and other jailed persons in the presence of prison
officials.
d. Arbitrary Arrest or Detention.--The law limits arbitrary
detention; however, the Government did not respect these limits in
practice. Authorities continued to arrest individuals for political
reasons and to use administrative measures to detain political
activists before, during, and after protests.
Role of the Police and Security Apparatus.--The Ministry of
Interior has authority over the police, but the BKGB and presidential
security forces also exercised police functions. The president has the
right to subordinate all security bodies to his personal command. Petty
corruption among police was widespread. From January to May the number
of corruption-related offenses increased by 15.5 percent while bribery
cases reportedly rose from 470 to 501. Impunity remained a serious
problem. While individuals have the right to report police abuse to the
prosecutor, the Government often did not investigate abuses by the
security forces or hold perpetrators accountable.
Arrest and Detention.--Police frequently detained and arrested
individuals without a warrant. Under the law, police must request
permission from a prosecutor to detain persons for longer than three
hours. In practice, however, these procedures usually were a formality.
Detained persons suspected of a crime may be held for up to 10 days
without formal charge and for up to 18 months after charges are filed.
Under the law, prosecutors and investigators have the authority to
extend detention without consulting a judge. Detainees have the right
to petition the legality of their detention; however, in practice,
appeals by suspects seeking court review of their detentions were
frequently suppressed or ignored.
Police often detained individuals for several hours, ostensibly to
confirm their identity. This tactic was frequently used 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.
During the year authorities arbitrarily detained or arrested scores
of individuals, including opposition figures and members of the
independent media, for reasons that were widely considered to be
politically motivated.
On March 27, BKGB officers detained Pavel Levinov, a human rights
advocate and lawyer for the Vitebsk-based Belarus Helsinki Committee.
On May 23, a Vitebsk court sentenced Levinov in absentia to 10 days in
jail and a BYR 700,000 ($325) fine for disobeying orders and using
obscenities.
Between July 7 and 10, authorities detained more than 15 opposition
and human rights activists in connection to a July 4 bombing in central
Minsk that injured 50 persons. They were released without charge after
10 days. The human rights NGO ``Vyasna'' criticized the arrests and
accused the BKGB of using the incident as a pretext to detain and
question activists and intimidate their family members. Interior
Ministry officials would not confirm the total number of persons
detained or released. Investigations into the bombing continued at
'year's end.
On July 26, police and BKGB representatives detained and released
approximately 50 youth activists for violating environmental laws while
they were camping near a lake in the Borisov district. The youths were
participating in a three-day camp organized by the European Belarus
coalition.
Authorities placed persons under modified house arrest. On May 27,
activists Pavel Vinahradaw and Mikhail Subach were sentenced to two
years of ``restricted freedom'' for participating in the January 10
entrepreneurs' protest in Minsk. The third person, a minor named Maksim
Dashuk, received an 18-month sentence.
In 2006 authorities detained or arrested approximately 1,000
persons throughout the country for political reasons before and after
the March presidential election. Many of those detained or arrested
were bringing food and clothing to demonstrators protesting the
fraudulent March presidential election in Minsk's October Square.
Amnesty.--During the first five months of the year authorities
released more than 2,700 prisoners under provisions of a 2007 amnesty
law. Unlike in previous years, there was no new general amnesty.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the Government did not respect judicial
independence in practice. Corruption, inefficiency, and political
interference were prevalent in the judiciary.
There was evidence that prosecutors and courts convicted
individuals on false and politically motivated charges, and that
executive and local authorities dictated the outcomes of trials.
The criminal justice system has three tiers: District Courts,
regional courts, and the Supreme Court. A Constitutional Court is
empowered to adjudicate constitutional issues and to examine the
legality of laws; however, in practice it was subservient to the
executive branch.
The president appoints six of the 12 members of the Constitutional
Court, including the chairman, as well as the chairmen of the Supreme
Court and the Supreme Economic Court. He also has the authority to
appoint and dismiss all district and military judges. Judges depended
on executive branch officials for personal housing.
Prosecutors are organized into offices at the district, regional,
and national levels. They answer to and serve at the pleasure of the
prosecutor general, who is appointed by the president. Prosecutors are
not independent and do not have authority to bring charges against the
president or members of his executive staff.
A 2006 report by the UN special rapporteur on Belarus described the
authority of prosecutors as ``excessive and imbalanced'' because they
can extend detention without the permission of judges. The report also
noted an imbalance of power between the prosecution and the defense.
Defense lawyers cannot examine investigation files, be present during
investigations, or examine evidence against defendants until a
prosecutor formally brought the case to court. Lawyers found it
difficult to call some evidence into question because technical
expertise was under the control of the prosecutor's office. According
to many defense attorneys, these imbalances of power had intensified at
the beginning of the year, especially in relation to politically
motivated criminal and administrative cases. There were very few cases
in which criminal defendants were found innocent.
By presidential decree all lawyers are subordinate to the Ministry
of Justice. Lawyers must be licensed by the ministry, are required to
work for the state in regional collegiums, and must renew their
licenses every five years. The law prohibits attorneys from private
practice. Unlike in previous years, there were no reports during the
year that authorities revoked lawyers' licenses for defending NGOs or
opposition political parties.
Trial Procedures.--The law provides for the presumption of
innocence; however, in practice defendants frequently had to prove
their innocence. The law also provides for public trials; however,
trials were occasionally closed and frequently held in judges' offices.
Judges adjudicate all trials; there is no system of trial by jury.
However, in the case of grave crimes, a judge adjudicates the trial
with the assistance of two civilian advisors.
Defendants have the right to attend proceedings, confront
witnesses, and present evidence on their own behalf; however, in
practice these rights were not always respected.
On May 15, Malady Front leaders Artur Finkevich and Zmitser
Dashkevich were sentenced in absentia to seven days in jail for their
participation in a May Day demonstration. They were notified of their
sentences on May 19.
On May 23, Malady Front leader Zmitser Fedaruk was notified that he
had been sentenced in absentia two weeks earlier to 10 days in jail and
fined BYR 1,050,000 ($490) for participating in a May Day rally and
disobeying police. The notification occurred after the 10-day appeal
period had passed.
The law provides for access to legal counsel for detainees and
requires that courts appoint lawyers for those who cannot afford one;
however, at times these rights were not respected, and some detainees
were denied access to a lawyer. The law provides for the right to
choose legal representation freely; however, a presidential decree
prohibits members of NGOs from representing individuals other than
members of their organizations in court.
Courts often allowed information obtained from forced
interrogations to be used against defendants.
Defendants have the right to appeal court decisions, and most
defendants appealed their criminal convictions. In an appeal,
defendants and witnesses seldom appeared before the court and the court
usually reviewed the protocol and other documents from a lower court
trial. In the vast majority of cases, upper courts upheld the verdicts
found in the lower court.
Political Prisoners and Detainees.--During the year authorities
released from prison nine internationally recognized political
prisoners. However, authorities continued to harass former political
prisoners and detainees with short-term detentions and jail sentences.
In January and February, authorities released five political
prisoners: Zmitser Dashkevich, Yuriy Leonov, Nikolay Avtukhovich, Artur
Finkevich and Andrey Klimov. Dashkevich, a youth leader, served 16
months of an 18-month sentence for heading an unregistered
organization. Leonov and Avtukhovich, who headed an independent small
business group, were each sentenced in 2006 to three years in prison
for alleged illegal activities and tax evasion. Finkevich, a youth
activist, served more than two years for writing political graffiti.
Klimov, a United Civic Party member, was jailed in April 2007 for
posting an antigovernment article on his party's Web site.
On February 22, political prisoner Alyaksandr Sdzvizhkov was
released after serving three months of a three-year sentence. The
former editor of the independent weekly newspaper Zhoda was sentenced
in January for reprinting controversial Danish cartoons of the Prophet
Mohammad in a 2006 issue of the paper.
On August 16, authorities released political prisoner and former
presidential candidate Alyaksandr Kazulin. He served more than two
years of a five-and-a-half-year sentence. Associates claimed that he
did not receive adequate medical attention after he was beaten by
police during his March 2006 arrest or following a 53-day hunger strike
in 2007 to protest his jailing and the fraudulent 2006 presidential
election.
On August 20, youth activist Andrey Kim and entrepreneur Sergey
Parsyukevich, the last two political prisoners, were released. Kim was
arrested in January and later sentenced to an 18-month jail term for
allegedly threatening a police officer during a demonstration.
Parsyukevich was jailed in April for allegedly violating new business
regulations and attacking a police officer while in jail.
In other cases, authorities refused amnesty to activists who were
serving sentences of house arrest based on charges widely considered to
be politically motivated.
Civil Judicial Procedures and Remedies.--Individuals can file
lawsuits seeking damages for, or cessation of, a human rights
violation; however, the civil judiciary is not independent and rarely
impartial in such matters.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions; however, the
Government did not respect these prohibitions in practice. Under the
law, persons who obstruct BKGB officers in the performance of their
duties, including actions that in principle may be illegal, could be
penalized or charged with an administrative offense. Such obstruction
includes any effort to prevent BKGB officers from entering the premises
of a company, establishment, or organization, and refusing to allow
BKGB audits or to deny or restrict BKGB access to information systems
and databases.
The law requires a warrant for searches; however, the BKGB entered
homes, conducted unauthorized searches, and read mail without warrants.
The BKGB has 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.
There were numerous instances in which authorities searched
residences and offices for clearly political reasons. For example, on
January 12, the BKGB raided the apartment of independent journalist
Sergey Podsasonniy and seized computer equipment and a video camera on
the pretext of investigating his involvement in the opposition youth
group Malady Front.
On June 16, police officers searched the residence of opposition
activist Tatyana Vanina in Dzerzhinsk. Officers produced a search
warrant dated May 19, which claimed that Vanina illegally produced
printed materials.
On August 7, special police and BKGB officers broke down the doors
to the Malady Front headquarters in Minsk and arrested seven youth
activists. The officers did not produce a search warrant and said they
entered the apartment based on an anonymous tip that there was a dead
body inside. Former Malady Front leaders, Zmitser Dashkevich and Artur
Finkevich, were sentenced to seven days' confinement. A third activist,
Pavel Kuryanovich, was sentenced to 15 days in jail.
On November 19, authorities searched the office of the ``For
Freedom'' movement. According to ``For Freedom'' leader Alyaksandr
Milinkevich, court officers inventoried all the property in the
apartment because a person involved in a criminal case had lived there
10 years earlier.
The law prohibits authorities from intercepting telephone and other
communications without a court order. In practice authorities monitored
residences, telephones, and computers. Nearly all opposition political
figures reported that authorities monitored their conversations and
activities.
The BKGB, the Internal Affairs Ministry, and certain border guard
detachments may use wiretaps but must first obtain a prosecutor's
permission. However, the lack of independence of the prosecutor's
office rendered due process protections meaningless.
The Government owned a controlling share in all but two cellular
telephone companies. Ministry of Communications' contracts for
telephone service prohibited subscribers from using such services for
purposes contrary to state interests and public order. The ministry has
the authority to terminate telephone service of those who breach the
law.
There were numerous reports that the Government coerced young
persons, university students, and military conscripts to join the pro-
Lukashenka state-funded NGO Belarusian Republican Youth Union (BRYU).
In addition, the Government employed and encouraged a widespread system
of BRYU informants organized into civilian patrol squads, whose
supposed purpose was to encourage students to become law-abiding
citizens. At the beginning of 2007 there were an estimated 3,633
civilian patrol squads with as many as 43,000 members. Almost 200
``voluntary'' squads had been created, with 49 of them policing higher
educational institutions, 77 operating at general educational schools,
and 66 at vocational training schools.
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 needed to register for
popular courses or to receive a dormitory room. Universities also
offered patrol members discounts on tuition. On January 11, Minister of
Education 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.
There were also reports that authorities threatened to punish
family members for alleged violations or opposition activities. For
example, in June, the wife of Gomel-based United Civic Party leader
Vasiliy Polyakov was dismissed from her job as a history teacher. The
school's administration stated it would not extend her employment
agreement after alleging that she did not follow ``state policies.''
After the July 4 bombing in Minsk, the BKGB questioned Alena Kavalenka,
wife of Belarusian Popular Front member Syarhey Kavalenka, and told her
she was being watched.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, the Government did not
respect these rights in practice and enforced numerous laws to control
and censor the media.
Individuals could not criticize the Government publicly without
fear of reprisal. Authorities videotaped political meetings, conducted
frequent identity checks, and used other forms of intimidation. Wearing
masks, displaying unregistered flags, symbols, and 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.
On August 4, Lukashenka signed a new media law that will allow
authorities to further restrict press freedoms. The law, which takes
effect in February 2009, subjects online news sources to the same
regulations as print and broadcast media, requires re-registration of
most existing media, accreditation of journalists, and limits support
from foreign organizations at 30 percent. The new law was widely
criticized by domestic and international NGOs and press advocates such
as the Committee to Protect Journalists, Article IX, the Belarusian
Association of Journalists (BAJ), and Civic Belarus.
There were independent newspapers and magazines and Internet news
Web sites. However, they operated under repressive media laws and most
faced discriminatory publishing and distribution policies.
State-owned media dominated the information field and had the
highest circulation and viewership. The state-owned postal system,
Belpochta, and the state-owned kiosk system, Belsoyuzpechat, continued
to refuse to deliver and sell more than a dozen independent newspapers.
In 2007 Belpochta removed three popular Russian newspapers (Kommersant,
Moskovskiy Komsomolets, and Nezavisimaya Gazeta) from its subscription
list. However, other Russian newspapers, including Izvestiya, were
distributed. Media analysts asserted that the newspapers were removed
because of reporting critical of Lukashenka's policies.
On November 25, independent newspapers Narodnaya Volya and Nasha
Niva signed contracts for distribution through state distribution
systems after a three-year government ban. Narodnaya Volya also reached
agreement with authorities for the newspaper to be printed at a state-
owned press in Minsk. The newspaper previously was printed in Smolensk,
Russia due to government harassment. However, while both papers were
publicly available, they were still subject to restrictions.
Local authorities frequently warned independent editors and
journalists to avoid reporting on certain topics and not to criticize
the Government. Authorities also warned businesses not to advertise in
newspapers that criticized the Government.
International media continued to operate in the country but not
without interference and harassment. Euronews and Russian channels TV
Center, NTV, and RTR were generally available, although only through
paid cable services in many parts of the country. Their news programs
were at times blocked or replaced with local programming. Broadcasts
from other countries, including Poland and Lithuania, could be received
in parts of the country, usually along the border.
The Government continued to harass and arrest journalists.
On January 12, the BKGB and police officers detained independent
journalists Vladimir Samoilov, Galina Samoilova, and cameraman Valery
Buldyk. Police questioned them about their work for the Warsaw-based
independent satellite television channel Belsat and confiscated their
equipment, alleging that it was stolen property.
On March 27-28, authorities raided private residences and offices
of approximately 30 journalists in 12 cities. According to the BAJ,
BKGB officers detained 16 journalists and confiscated computers, audio
and video equipment, and printed materials. The coordinated crackdown
followed the violent police breakup of the peaceful March 25 Freedom
Day demonstration in Minsk. The Minsk deputy prosecutor Aleksey Stuk
stated that he authorized the searches and seizures because of the
journalists' extensive coverage of the demonstration and the violent
police action.
Some foreign journalists were prevented from reporting in the
country. For example, on May 28, the Ministry of Foreign Affairs
informed Aleksey Minchyonok, a journalist with independent Polish radio
station Radio Racyja, that he would not be accredited because of
``earlier illegal work for foreign media without proper
accreditation.''
The Government censored the media. Authorities frequently imposed
heavy fines on journalists and editors for criticizing the president
and his supporters. Many publications were forced to exercise self-
censorship. Authorities warned, fined, or jailed members of the media
who publicly criticized the Government.
The Government tightly controlled the content of domestic broadcast
media. In April 2007 the president stated that control of radio and
television stations remained a high priority for the Government and
that private stations would not be allowed to operate in the country.
He also stated that state publishing houses would never sign contracts
with independent media publications that violated media laws.
Only the state-run radio and the state-run television networks ONT,
the First National Channel, and Capital Television were allowed to
broadcast nationwide. The Government continued to use its virtual
monopoly on television and radio broadcasting to disseminate its
version of events and to minimize opposing points of view. State
television coordinated its propaganda documentaries with the country's
security services. For example, the First National Channel frequently
aired video footage of meetings between opposition activists and
representatives of international organizations and foreign embassies
that security service personnel had filmed.
Local independent television stations operated in some areas and
reported local news relatively unhindered by the authorities; however,
most were under government pressure to forego reporting on national
issues or be censored. Such stations were frequently pressured into
sharing materials and cooperating with authorities to intimidate local
opposition and human rights groups that meet with foreign diplomats.
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 State Committee on the Press
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.
On May 16, Minsk city authorities ordered the private cable
television service provider Kosmos TV to halt immediately broadcasting
of three Russian channels. Two of the three channels aired a prohibited
documentary about Lukashenka.
Under the law, libel is a criminal offense. Slandering and
insulting the president and public officials carry large fines and
prison sentences of up to four years. The libel law makes no
distinction between private and public persons concerning defamation of
character. A public figure who was criticized for poor performance
while in office may sue both the journalist and the media outlet that
disseminated the critical report.
In October 2007 the independent newspaper Narodnaya Volya and one
of its staff journalists were fined BYR 25 million ($11,600) and BYR
two million ($940) respectively for allegedly defaming the head of the
president's ideological office. In December 2007, the Novy Chas
newspaper and a staff journalist were ordered to pay BYR 50 million
($23,200) and BYR one million ($465), respectively, to a member of the
National Assembly for an analytical article about the 'lawmaker's
involvement in a Soviet-era criminal case and a state-controlled
writers' union. The newspapers paid the fines and resumed publication.
The Government took numerous other actions during the year to limit
the independent press, including limiting access to newsprint and
printing presses. Several independent newspapers, including Vitebskiy
Kuryer M printed materials in Russia because domestic printing presses
(mostly state-owned) refused to print them. Other independent
newspapers, such as Solidarnost, disseminated Internet-only versions
due to printing and distribution restrictions.
On April 25, police confiscated hundreds of copies of the
independent newspaper Vitebskiy Kuryer M from opposition activist and
distributor Valery Shchukin upon his arrival from Smolensk, Russia,
where the paper was printed. Shchukin was charged with violating
newspaper distribution laws. On May 20, an Ushachy District Court fined
Polotsk Malady Front members Yekaterina Solovyova and Ales Krutkin BYR
1,050,000 ($490) each for distributing illegally printed materials. On
July 10, police arrested Barys Khamayda for selling independent
newspapers in Minsk. An unknown assailant later beat up Khamayda;
police charged Khamayda with using obscene language against the
assailant and detained him for three days.
In May authorities ordered the Grodno-based independent newspaper
Gazeta Slonimskaya to vacate the premises it rented from a state-
controlled company by June 1. The newspaper's editor, Viktar
Uladashchuk, stated that he could not lease a new office because rental
agencies feared government reprisals. At year's end the newspaper
journalists continued to work at their homes.
On June 18, the Information Ministry issued a warning to Vitebskiy
Kuryer M for violating the law on media by misstating its address and
failing to report a change of address. One month earlier, the Supreme
Economic Court again denied the newspaper's registration application.
During the year there were numerous examples of the Government
confiscating independent and opposition newspapers and seizing leaflets
and other materials deemed to have been printed illegally.
Internet Freedom.--The Government restricted access to the
Internet, and monitored e-mail and Internet chat rooms. Many
individuals and groups could not engage in the peaceful expression of
views via the Internet, including by e-mail.
The authorities freely monitor internet traffic. Internet cafe
owners are required to maintain records of their customers and submit
them to government security services. By law, Beltelekom and other
organizations authorized by the Government have the exclusive right to
maintain Internet domains.
Approximately 30 percent of the population, particularly in urban
areas, had access to the Internet. Access was restricted by relatively
high costs and lack of high-speed services. On occasion state providers
blocked independent and opposition Web sites during major political
events.
On January 10, the Web sites of Radio Liberty, Charter 97,
Belarusian Partisan, and the United Civic Party were partially or fully
blocked because of their then-ongoing coverage of the demonstrations by
small business owners in Minsk. Access to the Radio Liberty, Radio
Svoboda, and Charter 97 Web sites was again disrupted in April prior to
demonstrations marking the anniversary of the Chernobyl disaster.
On August 4, Lukashenka signed into law new regulations that will
subject Internet news outlets to the same requirements as print media,
including registration. The law, which takes effect in February 2009,
will also allow the state to legally block any unregistered Web sites,
regardless of their origin.
In response to the Government's interference and Internet
restrictions, many opposition groups and independent newspapers
switched to Internet domains operated outside the country. According to
sources, the few remaining independent media sites with domestic
``.by'' domains practiced heavy self-censorship.
Academic Freedom and Cultural Events.--There 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 the country under
the leadership of Lukashenka. Use of the word ``academic'' was
restricted; NGOs are prohibited from including the word ``academy'' in
their titles.
During the year authorities dismissed teachers and researchers on
political grounds. For example, Uladzimir Savitski, head master of a
Vezha village secondary school, demanded that teachers join the Belaya
Rus movement or face dismissal. All but one teacher signed membership
applications. Forced registrations of teachers for the Belaya Rus
movement also occurred at a kindergarten in the same village, and at a
secondary school in Hutsuki.
In March, Pavel Nazdra, an activist with the unregistered
Belarusian Christian Democracy party was fired from his job at the
Mazyr State Teachers' Training University in Gomel region, allegedly
for being absent from work. Nazdra claimed he was fired for his
political activities and denied violating his labor contract with the
university.
Government-mandated textbooks contained a heavily propagandized
version of history and other subjects. All schools, including private
institutions, are considered political bodies that must follow state
orders and cannot be headed by opposition members. The education
minister has the right to appoint and dismiss the heads of private
educational institutions.
The Government tasked BRYU, the pro-Lukashenka, state-funded youth
organization, with ensuring ideological purity among students.
University Students reportedly were pressured to join the BRYU to
receive benefits and rooms in dormitories. Local authorities also
pressured BRYU members to campaign on behalf of government candidates.
In addition, authorities at times pressured students to act as
informants for the country's security services.
According to an education ministry directive, educational
institutions may expel students who engage in antigovernment or
unsanctioned political activity and are to maintain the proper
ideological education of students. During the year at least 10 students
were expelled for politically motivated reasons, compared with 20
students in 2007 and more than 100 in 2006. However, some school
officials continued to cite poor academic performance or absence from
classes as reasons for expulsions.
Between January 21 and 22, three student activists-Tatyana
Tsishkevich, Paval Kuryanovich and Zmitser Zhaleznichenka-were expelled
from various higher education institutions. Tsishkevich was initially
expelled from the Belarus State University for late payment of fees,
but officials later said it was due to ``violations against public
order and morality.'' Kuryanovich was expelled from the Minsk State
Radiotechnical College for missing classes because of his 20-day
detention for participating in a January 16 protest. Zhaleznichenka, a
member of the opposition Belarusian Popular Front, was expelled from
Gomel State University for alleged violations of the institution's
internal rules and an eight-day jail sentence he received after his
first expulsion from the university in September 2007. In June, Franak
Vyachorka, a member of the Belarusian Popular Front, and Ivan Shylo, a
Malady Front leader, were dismissed from school for participating in
unsanctioned opposition rallies.
The Government also restricted cultural events. During the year the
Government continued to force opposition theater groups into venues
such as bars and private apartments and to suppress unofficial
commemorations of historical events.
In March the Maksim Gorky National Academic Drama Theater did not
renew Hanna Salamyanskaya's employment contract, and the Drama Theater
of the Belarusian Army dismissed Maryna Yurevich. The two actresses had
participated in a tour in the United Kingdom with the Free Theater, a
Minsk-based underground theater company.
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 political parties, trade unions, or registered organizations
may request permission for a demonstration of more than 1,000 persons.
The law criminalizes participation in the activities of unregistered
NGOs, training of persons to demonstrate, financing of public
demonstrations, or solicitation of foreign assistance ``to the
detriment'' of the country. Violations are punishable by up to three
years in prison.
Organizers must apply at least 15 days in advance for permission to
conduct a public demonstration, rally, or meeting. Government officials
must respond no later than five days prior to the scheduled event.
However, authorities generally refused permits to opposition groups or
granted permits for demonstrations away from city centers.
For example, activists requested to hold the annual March 25
Freedom Day and April 26 Chernobyl commemoration demonstrations in
central Minsk. While protestors were not allowed to assemble at a
prominent downtown location, city authorities instead gave permission
for a demonstration in a secluded park. Belarusian Communist Party
members were also directed to this same remote park to commemorate May
Day.
On July 30, Brest city administrators refused to allow human rights
activist Roman Kislyak to hold a rally to draw attention to indictments
for petty hooliganism against activists.
Authorities used intimidation and threats to discourage persons
from participating in demonstrations, openly videotaped participants,
and issued heavy fines or jail sentences on participants of
unsanctioned demonstrations. Police and other security officials beat
and detained demonstrators during and after unsanctioned, but
otherwise, peaceful demonstrations.
Police also used preemptive arrests to stop protests. In some
instances the Government encouraged and coordinated with progovernment
groups to disrupt opposition demonstrations.
On March 21, four opposition youths in Gomel were arrested for
distributing leaflets about demonstrations to take place in Gomel on
March 23 and in Minsk on March 25. The youths spent three days in a
detention center before being convicted of violating rules on mass
demonstrations.
On August 11, Malady Front activist Lyudmila Atakulava was
sentenced to 10 days in jail for participating in an unsanctioned
demonstration on August 10 outside the Russian Embassy in Minsk.
Fifteen youth activists took part in the 15-minute protest; three other
protesters were arrested but released without charges.
In March 2006 up to 12,000 persons gathered in and around Minsk's
central square during a five-day period to protest the fraudulent
outcome of the presidential election. Security forces used force to
break up a make-shift encampment and arrested approximately 250
persons. Following the arrests, approximately 7,000 persons again
attempted to gather in the square to protest the police violence and to
mark Freedom Day. Riot police again used force to prevent demonstrators
from entering the square and break up the rally.
Freedom of Association.--The law provides for freedom of
association; however, the Government severely restricted it in
practice.
The Government enforced laws and registration regulations to
restrict the operation of independent associations that might be
critical of the Government. All NGOs, political parties, and trade
unions must register with the Ministry of Justice. A government
commission reviews and approves all registration applications; in
practice, its decisions have been based largely on political and
ideological compatibility with the Government's authoritarian
philosophy.
Registration procedures required applicants to provide the number
and names of founders, along with a legal address in a non-residential
building. Individuals listed as members are vulnerable to retribution.
The Government's refusal to rent office space to unregistered
organizations and the expense of renting private space forced most
organizations to violate the non-residential address requirement. This
allowed authorities to deregister existing organizations and deny their
reregistration.
On August 12, the Supreme Court upheld the Ministry of Justice's
second decision to deny registration to the Belarusian Christian
Democracy Party (BCD), citing technical flaws in the association's
registration documents. The group was also denied registration in
December 2007 for failing ``to explain the meaning of Christian
principles and values.''
In October 2007 the Supreme Court ruled against the NGO 'Vyasna's
appeal to reverse a justice ministry decision to deny its registration
application. The ministry stated that Vyasna did not meet technical
requirements of the law on NGO organizations and that its charter was
too vague.
Since 1997 authorities have denied Malady Front's registration
application six times, including a request during the year to hold a
founding conference in a public square in Minsk.
During the year the Ministry of Justice again reported that it
continued to issue written warnings to NGOs, political parties, and
trade unions and that the courts continued to suspend or deregister
NGOs and political parties for ``systematic or severe violations of the
law.'' Harassment in the form of inspections by security officials and
confiscation of political literature, usually without warrants
continued.
c. Freedom of Religion.--The law provides for freedom of religion;
however, the Government restricted this right in practice. While the
constitution affirms the equality of religions and denominations, it
also contains restrictive language, stipulating that cooperation
between the state and religious organizations ``is regulated with
regard for their influence on the formation of spiritual, cultural, and
country traditions of the Belarusian people.''
The Government continued to use restrictive provisions of the 2002
religion law to hinder or prevent activities of groups other than the
Belarusian Orthodox Church. In particular, the law restricts the
ability of religious organizations to provide religious education,
requires governmental approval to import and distribute literature, and
prohibits foreigners from leading religious organizations. A concordat
and other arrangements with the Government provide the Belarusian
Orthodox Church with privileges not enjoyed by other religious groups.
The Belarusian Orthodox Church is a branch of the Russian Orthodox
Church and the only officially recognized Orthodox denomination in the
country.
On January 8, Lukashenka described the Belarusian Orthodox Church
as the ``main ideologist of our country,'' asserting that ``we have
never separated ourselves from the church.'' On April 28, he promised
that the Government would help the church ``serve the Fatherland and
people.'' However, despite the BOC's favored status, the Government on
occasion warned church leaders about their ``excessive influence.''
All religious matters are regulated by the Office of the
Plenipotentiary Representative for Religious and Nationalities Affairs
of the Council of Ministers (OPRRNA). Under the law, religious
organizations must register either with OPRNA or with local and
regional governments. Only groups with 20 or more members may be
registered as religious communities. Groups affected by this
restriction include the Pentecostal congregation, which has only 13
adult members.
During the year OPRRNA refused to register some nontraditional
religious groups, making their meetings illegal. As of January 2007 the
OPRRNA reported that 25 religious denominations with 3,103 religious
organizations were officially registered.
The office of religious affairs continued to deny registration to
what it considered non-traditional faiths, mainly Protestant groups
such as the New Life Church and the Belarusian Evangelical Church. Most
Christian communities campaigned for amendments to change the 2002
religion law, which restricts their activities and allows criminal
prosecution of individuals for their religious beliefs.
However, in contrast with previous years, officials registered
several Hare Krishna communities during the year. On December 22, a
community official said that six out of seven Hare Krishna communities
had obtained registration. The community in Bobruysk remains
unregistered, but still operates. It took six years, numerous law suits
and fines before the communities were allowed to legally hold services
and ceremonies.
On March 2, the Constitutional Court rejected a petition with
50,000 signatures that sought to amend key restrictive provisions of
the religion law. The court stated that only the president and
government officials can question the constitutionality of laws.
Under the law, residential property can only be used for religious
services if it has been officially converted from residential use,
which requires all religious organizations to reregister their
properties. Authorities continued to reject reregistration requests
from many Protestant churches and other nontraditional faiths. As a
result, the groups often were forced to meet illegally or in the homes
of individual members.
The Government continued to limit the ability of groups to own or
use property for religious purposes. A property that is not registered
makes religious activity there illegal.
On November 25, the Supreme Economic Court again postponed a
hearing on a case brought by the New Life Church against Minsk city
officials for seizing the church's land and property in 2005. A lower
economic court had ruled in the city's favor, ordering the church to
sell the property to the city below market value. In September the city
had offered the church new land that was four times smaller, which the
church declined.
The law allows persons to gather in private homes to pray but
requires them to obtain permission from local authorities to hold
rituals, rites, or ceremonies in homes. Police interfered with
religious meetings in residences several times during the year and
sometimes arrested and fined participants.
Baptists, Pentecostals, and other Protestants were warned or fined
for illegally conducting religious services based on charges of
disturbing public order or illegally gathering without prior
permission.
On April 28 and again on June 9, Pentacostal pastor Valentin
Borovik was charged with leading an unregistered religious
organization. He was fined BYR 140,000 ($65) the first time and BYR
315,000 ($146) the second time.
The law allows citizens to speak freely about their religious
beliefs; however, authorities continued to prevent, interfere with, or
punish persons who proselytized for any religious group other than the
Belarusian Orthodox Church.
The Government did not permit foreign missionaries to engage in
religious activities outside of their host institutions. The law
requires one-year, multiple-entry ``spiritual activities'' visas for
foreign missionaries. Observers expressed concern that lack of
standardized government guidance on implementing visa laws could affect
the ability of missionaries to live and work in the country.
On February 7, the Council of Ministers introduced a directive that
outlines the grounds to denying entry to foreign and stateless clergy
invited by local religious organizations. The grounds include
presenting false data in travel papers, lack of Belarusian or Russian
language skills, a conviction of an administrative charge, and any
previous denial of entry by into the country. Foreign religious figures
must also submit an increased number of documents that makes the
process cumbersome.
According to Syarhey Lukanin, a legal expert for the Minsk-based
Protestant New Life Church, the directive will restrict the number of
foreign clergy entering the country. He stated that 28 foreign priests
were either deported or did not have their visas extended during the
last 18 months.
The law also prohibits the establishment of offices by foreign
organizations whose activities incite ``national, religious, and racial
enmity'' or could ``have negative effects on the physical and mental
health of the people.''
On December 17, three Polish Catholic priests working in the Hrodna
diocese were denied an extension of their permits to engage in
religious activities. Authorities claimed the clergymen did not have
good grasp of the country's state languages, despite their having
worked in the country for many years.
Foreign citizens officially in the country for nonreligious work
can be reprimanded or expelled if they participate in religious
activities.
The law does not provide for the return of property seized during
the Nazi occupation or the Soviet period and restricts the return of
property used for cultural or educational purposes.
At year's end authorities still had not followed through on a
commitment to find a new location for state archives stored in a former
Roman Catholic monastery complex-the Bernadine Monastery-in central
Minsk. In March 2007 the Government announced new plans to convert the
monastery into a hotel and entertainment center. The plan triggered
protests from the catholic community, forcing authorities to suspend
it.
Societal Abuses and Discrimination.--There was a generally amicable
relationship among religious groups and a widely held ethic of
tolerance; however, during the year several religious sites were
vandalized and there were reports of occasional anti-Semitic incidents.
On December 19, a District Court banned as ``extremist'' and
``anti-Semitic'' 13 religious books and other materials published and
distributed by the Minsk-based Christian Initiative Company. In a
related development the prosecutor general's office revoked the
company's publishing and retail licenses and seized 50,000 booklets,
which authorities said incited hatred between Orthdox and Jewish
believers.
However, anti-Semitic and Russian ultranationalist newspapers and
literature, DVDs, and videotapes imported from Russia continued to be
sold in the country.
Jewish groups estimated that between 50,000 and 70,000 persons
identify themselves as Jewish. Most Jews in the country were not
religiously active.
During the year anti-Semitic incidents continued, and anti-Semitic
acts were investigated sporadically. 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 Union (RNU), which remained active despite its official
dissolution in 2000. The deputy chief of the Internal Affairs
Ministry's Juvenile Delinquency Prevention Department, Andrey
Solodovnikov, acknowledged there were a few neo-Nazi groups in the
country. He maintained that the BKGB monitored the groups and that they
were ``poorly organized and not popular among young people.''
In October 2007 Jewish community members in Bobruysk discovered 15
smashed gravestones in the city's Jewish cemetery. It was the fourth
attack on the graveyard since the beginning of the year. Anti-Semitic
graffiti appeared near the cemetery and grave fencing was damaged
earlier in the year. Other cemeteries in the city were also damaged.
Police identified three suspects and sent the case to court, but there
were no convictions.
In contrast with 2007 there were no anti-Semitic remarks made in
public by the president or other government officials. On October 21,
President Lukashenka participated in ceremonies commemorating the 65th
anniversary of the destruction of the Minsk Jewish ghetto by the Nazi
occupiers. In his remarks, Lukashenka honored the victims and their
families, noting that Belarus ``took the grief of the Jewish people as
its own grief.''
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement, including the right to emigrate. However, the Government at
times restricted the right of its citizens to foreign travel. The
Government cooperated with the Office of the UN High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in providing
protection and assistance to internally displaced persons, refugees,
returning refugees, asylum seekers, stateless persons, and persons of
concern.
In January a presidential decree replaced exit stamps with a
computerized, government database to verify the validity of passports
and to track citizens who travel abroad. According to the Ministry of
Internal Affairs, the database contains the names of at least 100,000
persons who are prohibited from foreign travel, including those who
possess state secrets, are facing criminal prosecution or civil suits,
or have outstanding financial commitments. Opposition politicians and
civil society activists criticized the database, saying it restricted
freedom of travel. Some persons were informed by letter that their
names were in the database; others were informed at border crossings.
In some cases opposition activists were either turned away at the
border or detained for lengthy searches.
At year's end the names of at least 17 opposition leaders and other
activists were in the database, including Anatoly Lebedko, Sergey
Skrebets, and youth leaders Zmitser Dashkevich, Zmitser Fedaruk, and
Aleksandr Atroshchenkov.
Under a presidential decree, any student who wishes to study abroad
must obtain permission from the minister of education. The decree,
ostensibly intended to counter trafficking in persons, also requires
the Ministry of Interior to track citizens working abroad and travel
agencies to report individuals who do not return from abroad as
scheduled.
The law also requires persons who travel to areas within 25
kilometers (15 miles) of the border to obtain an entrance pass.
The law does not allow forced exile, but sources assert that
security forces threatened opposition leaders with bodily harm or
prosecution if they did not leave the country. The law allows internal
exile, or khimiya, for persons convicted of crimes.
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 chosen to continue their
studies at foreign universities, mostly in Europe. However, several
students reported that their names were on a government list that
prohibited their travel abroad to continue their studies.
Internal passports served as primary identity documents and were
required for permanent housing, work, and hotel registration. Police
continued to harass individuals who lived at a location other than the
legal place of residence indicated in their internal passport.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees.
In practice, the Government provided some protection against
expulsion or return of refugees to countries where their lives or
freedom would be threatened. There were approximately 800 persons with
refugee status and 2,000 asylum seekers in the country. Refugees come
mainly from Azerbaijan, Georgia, Tajikistan, Iran, Afghanistan, India,
and Pakistan.
While all foreigners have the right to apply for asylum,
authorities continued to refuse asylum applications from citizens of
the Russian Federation. Immigration authorities and courts asserted
that, according to the Belarus-Russian Federation treaties on the union
between the countries and on the equal rights of citizens in each
country, Russian and Belarusian citizens have equal rights.
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. According to sources,
authorities often require asylum seekers to settle in rural areas.
Change of residence is possible only with notification to authorities.
Registered asylum seekers are issued certificates that serve as
identification documents and protect them from expulsion. In accordance
with the law, they must also register with local authorities to obtain
internal passports.
Stateless Persons.--Under the law, citizenship is derived either by
birth within the country's territory or from one's parents. A child of
a Belarusian citizen is a Belarusian citizen regardless of place of
birth, even if the other parent is not a citizen. Children of stateless
or unknown parents are citizens only if born in the country.
According to a June 20 press report citing government statistics,
there were approximately 8,000 stateless persons in the country.
Arbitrary detention of and violence against stateless persons
generally were not problems. However, according to sources, 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 to 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 has consolidated power in the
executive branch to dominate all 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.
In March 2006 Lukashenka gained a third term through a fraudulent
election.
The September 28 parliamentary election fell significantly short of
international standards for democratic elections, according to the
final report by the OSCE Office for Democratic Institutions and Human
Rights (ODIHR) observation mission. Despite the president's stated
intent to conduct a free and fair election, authorities seriously
challenged constitutionally guaranteed rights of expression,
association, and assembly. All of the 110 candidates declared winners
were supporters of Lukashenka's policies.
The report also noted some improvements, including cooperation by
authorities with OSCE/ODIHR and progress in allowing candidates to
conduct meetings and air campaign ads on television. However, overall,
the election environment that authorities created did not allow genuine
political competition or equal treatment of candidates.
Elections and Political Participation.--Prior to the election,
Lukashenka stated his intention to hold transparent elections and said
that election campaign laws were in fact being violated to accommodate
Western demands for transparency and adherence to democratic standards.
For example, election officials stated that they registered candidates
despite errors on registration forms. Lukashenka made similar comments
after the fraudulent 2006 presidential election, asserting that the
results were falsified in favor of his three opponents to appease the
West. Official election results gave Lukashenka 83 percent of the vote;
however, he claimed that he actually won 93 percent.
Journalists and international election observers characterized the
campaign leading up to the September 28 vote as ``muted.'' According to
the OSCE/ODIHR report, media coverage did not provide meaningful
information for voters to make an informed choice, political parties
played a minor role, and restrictions imposed by the authorities did
not allow for a vibrant campaign with real competition.
The registration process failed to include all nominated
candidates. Many candidates said their registrations were denied due to
administrative and technical problems with their applications.
Approximately 365 candidates applied to run in the election and 285
were registered. During the campaign, several candidates withdrew;
approximately 60 opposition candidates ultimately stood for election.
The OSCE/ODIHR report noted that while voting was well conducted,
the integrity of the process was undermined by a flawed vote count.
According to election monitors, 48 percent of polling stations observed
during the vote count were assessed as ``bad or very bad.'' In
addition, despite repeated requests since the OSCE/ODHIR election
mission began in mid-August, observers reported that they were
prevented or hindered from observing vote counts in 35 percent of
cases.
Local human rights advocates, the Belarus Helsinki Commission, and
independent observers also criticized the election results and the
flawed electoral process. They said major flaws included forced early
voting, failure of electoral commissions to inform observers about the
number of early voters, and refusal to inform observers about the
quantity of ballots available at the polling stations. Domestic
observers concluded that ballot counting was not transparent as they
were barred from polling stations or prevented from observing the
process.
Throughout the campaign, opposition candidates reported inequities
such as, government restrictions on access to broadcast media and
venues for campaign rallies. There were instances where state-owned
printing houses refused to produce opposition leaflets. Supporters of
opposition candidates also reported harassment by authorities,
including seizure of campaign materials.
Despite a nominal increase in opposition representation,
authorities continued to exclude opposition representatives from
election commissions at all levels. The Central Election Commission had
four opposition members in advisory, non-voting roles. Opposition
activists also made up less than 1 percent of commissioners in precinct
election commissions.
Political parties continued to receive warnings for minor offenses
under a law that allows authorities to suspend parties for six months
after one violation and close them after two warnings. 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.
In January the Ministry of Justice filed a liquidation suit against
the Belarusian Party of Communists (BPC); however, the party denied
that there was a suit and registered 18 candidates for the September 28
legislative elections. In August 2007 the Supreme Court upheld the
ministry's six-month suspension of the BPC on grounds that it could not
confirm the membership of 200 of the more than 1,500 persons listed as
BPC members.
In August 2007, citing alleged inaccuracies in application
documents, the Ministry of Justice denied for a second time
registration to the Union of Leftist Parties (ULP). In October 2007 the
Supreme Court upheld a Ministry of Justice suit to liquidate the
Belarusian women's party, Nadzeya, because of alleged irregularities in
the party's charter and registration of regional chapters.
There were 35 women in the 110-member Chamber of Representatives
and 19 women in the 56-member Council of the Republic. A woman chaired
one of Chamber of Representative's 20 committees and there was one
woman in the 39-member Council of Ministers.
No high level members of government or the National Assembly openly
identified themselves as members of a minority, although several were
Polish or members of other ethnic groups.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, reports indicate officials
continued to engage in corrupt practices. The World Bank's worldwide
governance indicators reflected that corruption was a serious problem
in the country.
The lack of transparency between the president's personal funds and
official government accounts, and a heavy reliance on off-budget
revenues, suggest corruption within the executive branch.
On January 29, a new anticorruption law expanded the list of
professions vulnerable to corruption, designated the prosecutor
general's office as the coordinator of anticorruption efforts, and
prohibited government officials from having foreign bank accounts or
engaging in nepotism.
On February 8, Lukashenka ordered the prosecutor general to better
coordinate and implement investigations of crime and corruption because
they increased social tensions and negatively affected economic
development.
On November 13, the president dismissed the prosecutor and deputy
prosecutor general in the Minsk region in connection with questionable
real estate purchased and ties with corrupt business owners. On
November 28, he dismissed four officials from the Ministry of Internal
Affairs, including First Deputy Minister Shchurko and Deputy Minister
Filistovich, in connection with this case.
Between January and November authorities investigated approximately
2,600 corruption-related offenses mainly by low- and mid-level
officials, including 884 bribery cases. On June 4, the head of the
State Control Committee, Syarhey Baranowski, said his office began
investigating 59 economic crimes against government officials. On
December 4, the prosecutor general's office announced that corruption
had caused BYR 88 billion worth of damage to the state from January to
October, and that 1,470 persons had been charged with corruption.
There were numerous corruption prosecutions. However, prosecution
remained selective.
For example, on February 5, the prosecutor general announced that a
deputy chairman of the Orsha District Executive Committee was sentenced
to eight years in prison for abuse of power and bribery for agreeing to
accept BYR 18 million ($8,370) from a construction company as a
kickback.
On March 27, the former chairman of the state-owned petrochemical
conglomerate Belnaftakhim, Alyaksandr Barowski, was sentenced to five
years in prison for abuse of power. He was arrested in May 2007 on
charges of larceny, abuse of power, and disclosing classified
information that caused more than BYR 3.5 million ($1,630) in losses
for the state. Barowski was released in December.
The law, government policies, and a presidential decree severely
restrict 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 current nor
complete.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were several active domestic human rights and NGO groups;
however, authorities were often hostile to their efforts, did not
cooperate with them, and were not responsive to their views.
Authorities harassed NGOs with frequent inspections and threats of
deregistration and monitored their correspondence and telephone
conversations. The Government ignored reports issued by human rights
NGOs and rarely met with them. State-run media did not report on human
rights NGOs and their actions; independent media that reported on human
rights issues were subject to closure and harassment.
The Government closed, refused to register, and continued to harass
NGOs under Article 193 of the criminal code. Under the law, which was
adopted in 2005 by presidential decree, organizing or participating in
any activity by an unregistered organization is a criminal offense. The
law also prohibits persons from acting on behalf of unregistered NGOs.
Several domestic and international human rights groups, including
Amnesty International, have urged the Government to abolish Article 193
and remove other legal obstacles that hinder the work of NGOs and allow
official harassment of civil society and youth activists.
According to the Assembly of Democratic NGOs, more than 300 NGOs
were either closed by the Government or forced to disband in the
previous four years on a variety of legal and politically motivated
pretexts. In 2007 Human Rights Watch stated that only five major human
rights groups remained registered in the country.
In contrast with 2007, the Ministry of Justice on December 17
approved the registration of the civil society NGO ``For Freedom'' led
by former presidential candidate Aleksandr Milinkevich. The ministry
had previously denied three registration applications, citing as
reasons improper payment of registration fees, irregularities in the
group's charter, organizing an unapproved open-air rally, and technical
flaws in registration documents.
Authorities can close an NGO after issuing only one warning that it
violated the law. The most common violations that prompted a warning or
closure were failure to obtain a legal address and technical
discrepancies in application documents. The law allows authorities to
close an NGO for accepting illegal forms of foreign assistance and
permits the Ministry of Justice to participate in any NGO activity and
review all NGO documents. NGOs also must submit detailed reports
annually to the ministry about their activities, office locations,
officers, and total number of members.
On April 24, a 2007 presidential order took effect that increased
rent 10-fold for most NGOs. Prior to the order, NGOs paid one euro
($1.40) per square foot for office space, compared to 10 euros ($7)
charged to commercial groups. While some groups, including youth sports
groups, charity organizations, and children's arts centers, continued
to pay the one euro rate, other NGOs, such as the Belarusian Voluntary
Society for Historic and Cultural Heritage Protection, were required to
pay the higher rate. Many NGOs stated the higher rent would likely
force them to close.
On July 11, a Minsk District Court sentenced United Civic Party
youth activists Mikhail Pashkevich and Vitaly Stozharov to 15 days in
jail and Kirill Pavlovskiy to 10 days in jail on minor hooliganism
charges. Human rights advocates linked the arrests to the July 3
bombing in Minsk.
During the year the BHC, a registered NGO, continued to experience
problems with authorities. On February 29 the Supreme Court allowed the
Ministry of Justice to withdraw a petition to suspend the BHC's
activities. However, the NGO's bank accounts remain blocked and tax
arrears have not been cleared. The case dates back to 2006, when
authorities seized BHC office equipment as partial payment of a BYR 160
million ($74,400) fine for back taxes on international funding. More
recently, before and after the September 28 legislative elections,
financial intelligence services requested income statements and other
information from BHC members.
Authorities were reluctant to discuss human rights with
international NGOs, whose representatives often had difficulty gaining
admission to the country. Authorities repeatedly ignored NGO
recommendations on how to improve the human rights situation in the
country and their requests to stop harassing the NGO community.
In July 2007 the mandate of the UN special rapporteur on human
rights for Belarus expired and was not renewed. The authorities had
refused to cooperate with the rapporteur, Adrian Severin, since his
appointment in 2004 by repeatedly refusing him entry into the country.
In 2006 Severin reported that the human rights situation in the country
had deteriorated ``to such an extent that the elements usually defining
a dictatorship could be seen.'' According to Severin, civil and
political rights were limited, cultural rights were ignored, and
economic and other rights were conditional on obedience to authorities.
In December 2007 the UN General Assembly for a second consecutive
year adopted a resolution expressing deep concern over the human rights
situation in the country, particularly the Government's ``persistent''
harassment and prosecution of opposition activists and independent
NGOs. The resolution also expressed concern that senior government
officials were implicated in the disappearances of opposition figures
Yuriy Zakharenko and Viktor Gonchar and businessman Anatoliy Krasovskiy
in 1999 and television journalist Dmitriy Zavadskiy in 2000, as well as
the Government's failure to hold a free and fair presidential election
in 2006.
Section 5. 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
protect these rights. Problems included violence against women and
children; trafficking in persons; and discrimination against persons
with disabilities, Roma, ethnic minorities, and homosexuals.
Women.--The law criminalizes rape in general, but does not include
prohibitions against spousal rape. Rape was a problem. However, most
women did not report it due to shame or fear that police would blame
the victim. In 2007 the Ministry of Internal Affairs reported 306 cases
of rape or sexual assault.
Domestic violence, including spousal abuse against women, was a
significant problem. A 2006 Amnesty International report concluded that
measures taken by authorities to protect women against domestic
violence were insufficient. The criminal code does not contain a
separate article dealing with domestic violence.
Women remained reluctant to report domestic violence due to fear of
reprisal and social stigma. NGOs operated crisis shelters primarily in
Minsk, but they were poorly funded and received only limited support
from the Government.
Prostitution is illegal, but is an administrative, rather than a
criminal, offense and penalties are light. Officials and human rights
observers reported that prostitution was not a significant problem.
However, anecdotal evidence indicated that it was growing, particularly
in regions outside the main cities. There were prostitution rings in
government-owned hotels. According to city police, approximately 500
women in Minsk had police records for prostitution. Svyatlana
Brutskaya, leader of a project on HIV/AIDs prevention, put the number
of persons in prostitution in Minsk at 3,000. As of September
authorities reported 68 violations related to prostitution.
Sexual harassment reportedly was widespread, but no specific laws,
other than those against physical assault, address the problem.
The Ministry of Labor and Social Security is responsible for
ensuring gender equality, although it cannot issue binding instructions
to other government agencies. The law, generally respected in practice,
provides for equal treatment of women with regards to property
ownership and inheritance, family law, and the judicial system. The law
also requires equal wages for equal work, although this provision was
not always enforced. There were very few women in the upper ranks of
management or government. The Ministry of Statistics and Analysis
reported during the year that 64 percent of the unemployed were women.
The law grants women the right to three years of maternity leave
with assurance of job availability upon return. However, employers
circumvented employment protections by using short-term contracts, then
refusing to renew a woman's contract when she becomes pregnant.
Children.--Government authorities were generally committed to
children's welfare and health.
Romani children were subject to harassment from non-Romani children
and teachers. The majority of Romani youth did not finish secondary
school. There was no public school in Minsk for Roma, although there
were schools for Jews, Lithuanians, and Poles.
Reports of child abuse were infrequent. However, there were reports
that children were trafficked for commercial sexual exploitation and,
in one case, labor. In the Minsk region, in the first half of 2007,
authorities placed 301 minors in the care of child welfare authorities.
Child marriage was not generally a problem. However, within the
Romani community, girls as young as 14 and boys as young as 16
frequently were married with parental consent.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, trafficking remained a serious problem, and the
country continued to be both a source and transit country for
trafficked persons.
From January through September the Ministry of Internal Affairs
registered 298 trafficking-related crimes, including 62 cases of
trafficking and 236 other trafficking-related cases, such as
prostitution and kidnapping for sexual exploitation. Over the same time
period, the ministry also reported 430 trafficking victims, including
296 who were trafficked abroad and 134 who were exploited inside the
country. Of the 430 victims, 92 were exploited for labor and the
remainder for sexual services.
In 2007 the ministry reported 97 cases of trafficking and 344 other
trafficking-related cases. Authorities registered approximately 418
trafficking victims, of whom 378 were trafficked for sexual
exploitation (including 22 minors) and 40 for labor exploitation
(including one minor). In 2007 trafficking for the purpose of forced
labor, particularly of men to Russia, increased significantly.
Women were primarily trafficked to the European Union (particularly
Germany, Poland, the Czech Republic, Lithuania, and Cyprus), the Middle
East (particularly Israel and the United Arab Emirates), Turkey,
Russia, Ukraine, and Japan. Trafficking to Russia presented a
particular problem, both because of an open border between the
countries and because authorities tended to downplay problems with
Russia due to political considerations. Most female victims of
trafficking were seeking a way to escape bad economic circumstances or
domestic situations. Local NGOs asserted that more government
intervention to reduce domestic violence and alcoholism would greatly
reduce the number of women seeking employment abroad.
Reports by the Ministry of Internal Affairs indicated that
traffickers were usually members of loosely organized crime networks
with connections to larger international organized crime rings,
brothels, clubs, or bars in destination countries.
Traffickers lured victims through advertisements, via modeling and
employment agencies, and by personal approaches through friends and
relatives to offer jobs abroad or solicit marriage partners.
Traffickers often withheld victims' documents and used physical and
emotional abuse, fraud, and coercion to control them. In January 2007
authorities convicted 13 executives of Belarusian modeling agencies of
trafficking more than 600 women between 2002 and 2005 for prostitution
to France, Turkey, and the United Arab Emirates. The defendants
received eight- to 12-year prison sentences, had property confiscated,
and were assessed fines of BYR 1.94 billion ($900,000).
The law criminalizes trafficking for sexual or other exploitation.
The property of convicted traffickers may be confiscated. The penalty
for trafficking is a minimum of five years' imprisonment with property
forfeiture, while the punishment for severe forms of trafficking is a
minimum of 12 years' imprisonment.
Presidential decrees have eliminated criminal responsibility for
illegal acts committed by victims, defined the status of victims, and
mandated measures to provide protection, medical care, and social
rehabilitation, but only on the condition that victims cooperated in an
investigation and prosecution.
Reports indicated antitrafficking agencies often pressured victims
to cooperate in investigations.
The Government's antitrafficking efforts were coordinated by
Internal Affairs Ministry's department on Combating Trafficking in
Human Persons. However, NGOs were more active in the areas of
prevention and rehabilitation. Government sources stated that victims
were more likely to trust assistance from NGOs than from government
agencies. Antitrafficking NGOs and international organizations
complained that the Government provided insufficient and mostly in-kind
assistance and failed to provide mandatory funding for victim
assistance. NGOs actively participated in training government workers
in rehabilitation but were dissatisfied with implementation by regional
authorities.
The Ministry of Internal Affairs established the International
Academy for Antitrafficking, which graduated its first class of
trainees in July 2007. The center was partially funded by the
International Organization for Migration (IOM) and training was
provided in part by international antitrafficking NGO La Strada.
There continued to be reports that corrupt law enforcement and
border officials facilitated trafficking by accepting bribes or by
ignoring trafficking. There was no indication that the Government
systematically facilitated or condoned trafficking. The State Control
Committee investigated allegations of official trafficking-related
corruption through the Interagency Commission for Combating Crime,
Corruption, and Drug Trafficking.
Victims seldom reported trafficking crimes to police due to social
stigma, aversion to dealing with authorities, and a shortage of social
services and rehabilitation options. The Ministry of Labor and Social
Protection maintained 23 social service centers that could help
trafficking victims. To supplement government shelters, the UN
Development Program, the IOM, and La Strada also opened rehabilitation
shelters for victims and their families.
The Government stated that there were two specialized trafficking
crisis centers in the country, as well as 28 NGOs that provided
services to trafficking victims. La Strada provided training to many
regional victim support centers but expressed dissatisfaction with the
follow-up, citing several cases where regional officers displayed
skepticism or insensitivity towards victims.
La Strada and the Young Women's Christian Association maintained a
women's hot line that provided advice regarding offers of employment or
marriage that might be trafficking-related. Since 2001 the hot line has
received over 12,000 calls.
In June the head of the Internal Affairs Ministry's Drug Control
and Human Trafficking Prevention Department stated that the best way to
combat trafficking was through awareness campaigns. The Government
distributed information through state institutions, showed
antitrafficking commercials on state television, placed materials at
local and foreign diplomatic posts, and organized roundtables and
seminars for NGOs and government officials.
To deter trafficking, the Government required Internet dating
services to reregister and provide information about citizens and
foreigners planning to meet in person. Authorities continued to enforce
strong measures to discourage and control freedom of movement, which
they justified in part as antitrafficking measures.
Persons With Disabilities.--The law does not specifically prohibit
discrimination against persons with disabilities in employment,
education, access to health care, and other government services.
The Ministry of Labor and Social Security is the main government
agency responsible for protecting the rights of persons with
disabilities. The law mandates that transport, residences, and
businesses be accessible to persons with disabilities. However, in
practice few public areas were wheelchair accessible. The Republican
Association of Disabled Wheelchair Users (RADWU) estimated that more
than 75 percent of persons with disabilities were unable to leave their
own homes without assistance.
Authorities provided minimal, reportedly ineffectual, benefits for
persons with disabilities. For example, persons with disabilities who
lived alone were entitled to a 50 percent discount on rent and
utilities. Since few residences were accessible, persons with
disabilities had to live with friends or family and thus were
ineligible for the discount. Public transportation was free to persons
with disabilities, but neither the subway in Minsk nor the bus system
was accessible by wheelchair. A government prohibition against workdays
longer than seven hours for persons with disabilities made companies
reluctant to hire them.
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.
Authorities continued to harass the unrecognized Union of
Belarusian Poles (UBP), its chairman Anzhelika Borys, and her
associates. On March 29, police stopped Borys' car and attempted to
search it for illegal printed materials. After this incident, police
also searched the organization's office. On April 18, Borys and an
associate were filmed driving to the village of Radun and fined BYR
525,000 ($245) for staying in a restricted border zone without a
permit.
Official and societal discrimination continued against the
country's 40,000 to 60,000 Roma.
The Romani community continued to experience high unemployment and
low levels of education. In 2005 authorities estimated the unemployment
rate among Roma at 80 percent. Roma were often denied access to higher
education in state-run universities.
The Russian and Belarusian languages have equal legal status;
however, in practice Russian was the primary language used by the
Government. In September 2007 the Constitutional Court's chief justice
acknowledged that discrimination was ``not rare,'' but maintained that
such discrimination was usually corrected.
Authorities made concessions to Belarusian language usage, such as
changing street signs to Belarusian, but proposals to widen the
language's usage were routinely rejected.
Ultranationalist, ethnically Russian, skinhead groups harassed
organizations promoting Belarusian national culture. On March 10, in
Vitebsk, Barys Khamayda of the Conservative Christian Party reported
that he received an anti-Semitic and threatening letter from the local
chapter of the ultranationalist group Russian National Unity (RNU), an
unregistered organization. Authorities refused to open a criminal
investigation of the incident and said the letter did not constitute a
crime.
Other Societal Abuses and Discrimination.--Homosexuality is not
illegal, but discrimination against homosexuals was widespread, and
harassment occurred. According to a local gay rights group, government-
controlled media discouraged participation in the protests following
the 2006 presidential election by saying they were part of a ``gay
revolution.''
On May 28, three youths in Minsk attacked Edvard Tarletski, a
journalist and gay rights activist. Tarletski stated that he did not
intend to report the attack to police because they would not do
anything about the incident. He also said this attack was the third
against him in five years.
Societal discrimination against persons with HIV/AIDS remained a
problem and the illness carried a heavy stigma despite greater
awareness and increased tolerance towards persons infected with the
virus. For example, maternity wards no longer had separate facilities
for HIV-infected mothers. However, the UN AIDS office reported that
there were still numerous reports of HIV-infected individuals who faced
discrimination. In September the Government reported that 9,282
citizens were infected with HIV.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers, except state
security and military personnel, to form and join independent unions;
however, in practice the Government did not respect this right. During
the year the Government continued efforts to suppress independent
unions, stop union activities, and bring all union activity under its
control. Its efforts included frequent refusals to extend employment
contracts for members of independent unions and refusals to register
some unions.
According to Belarusian Congress of Democratic Trade Unions (BCDTU)
leader Alyaksandr Yarashuk, no independent unions have been established
since President Lukashenka's 1999 decree requiring trade unions to
register with the Government.
The law provides for the right to strike; however, tight government
control over public demonstrations made it difficult for unions to do
so. Management and local authorities also blocked worker attempts to
organize strikes on many occasions by declaring them illegal.
The government-controlled Federation of Trade Unions of Belarus
(FTUB) was the largest union, with an estimated four million members;
however, that number was likely inflated, since the country's total
workforce is approximately four million. The BCDTU, with four
constituent unions and approximately eight thousand members, was the
largest independent union.
Local authorities for the eight time denied registration to the
Mogilyov chapter of the Belarusian Union of Electronic Industry Workers
(REP). According to REP, authorities refused to re-register the chapter
because the REP office landlord had not agreed to register the office
as its legal address due to harassment from officials.
The Government combined administrative measures and a system of
contracts with individual workers, mostly from one to five years in
length, to discourage membership in independent unions and in regional,
national, and international labor organizations.
On April 4, the Supreme Court upheld a lower court's verdict to
deny REP activist Anatoliy Askerko reinstatement to his post. Askerko
was fired from German factory Frebor after he told his employer he
would sign a mandated one-year contract only after exercising his right
to discuss some of its provisions.
In August a Gomel court sentenced two persons to five and six years
in prison for the June 2007 assault on Aleksandr Berasnev, an employee
and REP activist at state agricultural company Belarusnafta Asobina.
The assault took place on company property shortly after Berasnev filed
a complaint with the Gomel chief inspector about Belarusnafta Asobina's
abuse of labor regulations and mistreatment of employees. The court did
not reinstate Berasnev to his post, but awarded him BYR 5 million
($2,320), to be paid by the company, for ``moral damages.''
In January the Council of Ministers reviewed new trade union
legislation that would simplify registration rules and require fewer
names and addresses of members for registration. Leaders of both
progovernment and independent unions were concerned about the level of
control the legislation could give the Government over unions. The
council's review was pending at year's end.
On January 9, the Ministry of Justice denied registration to Razam,
a trade union of small- and medium-sized businesses, citing absence of
the minutes of the union's founding convention, failure to cover
registration fees, and insufficient documentation. Razam's leader,
Nikolay Kanakh, said that the registration process was ``excessively
complicated'' and insisted that his group had filed correct
applications with the ministry.
The Government also targeted union leaders and activists. However,
in contrast with previous years, fewer cases of harassment were
reported. During the year more than 30 REP members were forced to quit
their membership in the union following threats of dismissal.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively; however,
government authorities and managers of state-owned enterprises
routinely interfered with union activities and hindered workers'
efforts to bargain collectively, in some instances arbitrarily
suspending collective bargaining agreements.
Since 2004 the Government has required state employees, who
constitute approximately 80 percent of the working population, to sign
short-term work contracts. Although such contracts may have terms of up
to five years, most expired after one year, which gave the Government
the possibility of firing any employee by simply declining to renew
their contract. Many members of independent unions, political parties,
and civil society groups lost their jobs because of this practice.
On August 11, Brest-based Riona Enterprise Management forced 11 of
12 REP members at the firm to withdraw from the union by threatening to
withhold their salaries. The REP had sought to have their working
conditions designated as hazardous so they could receive appropriate
compensation.
During the year the Polotsk chapter of the BFTU continued to
negotiate without success with the Polotsk Steklovolokno fiberglass
manufacturer over the company's unwillingness to grant the BFTU the
same privileges granted to its rival, the progovernment FTUB.
In contrast, the management of the Baran based Lyos factory has
ceased putting pressure on Free Trade Union of Metal Workers members to
leave that union and join the FTUB.
There are no special laws or exemptions from regular labor laws in
the country's six free economic zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that women, men, and children were trafficked for commercial
sexual exploitation and forced labor.
During the year the Government approved several ``subbotniks,''
which required employees of government, state enterprises, and many
private businesses to work on Saturday and donate earnings to finance
government social projects. Workers who refused to take part were
subject to fines and intimidation by employers and authorities.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law forbids the exploitation of children in the workplace, including a
prohibition on forced and compulsory labor, and specifies policies for
acceptable working conditions. The Government generally implemented
these laws in practice.
The minimum age for employment is 16; however, a child as young as
14 may conclude a labor contract with the written consent of one parent
or legal guardian. The prosecutor general's office reportedly enforced
the law effectively. Minors under 18 were allowed to work in
nonhazardous jobs, but were not allowed to work overtime, on weekends,
or on government holidays. Work was not to be harmful to the minors'
health or hinder their education.
e. Acceptable Conditions of Work.--On November 1, the average
national minimum monthly wage was BYR 220,080 (approximately $102),
which did not provide a decent standard of living for a worker and
family. From January to September, the average monthly wage was BYR
857,000 ($398).
The law establishes a standard work week 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 factory's products. The
law provides for mandatory overtime and holiday pay and restricts
overtime to four hours every two days, with a maximum of 120 hours of
overtime each year. According to sources, the Government was believed
to effectively enforce these standards.
The law establishes minimum conditions for workplace safety and
worker health; however, employers often ignored these standards.
Workers at many heavy machinery plants did not wear minimal safety
gear. There is a state labor inspectorate, but it lacked authority to
enforce employer compliance and often ignored violations.
The Ministry of Labor reported that 120 workplace fatalities
occurred from January to July, a 1.6 percent decline compared to the
same period in 2007. The ministry reported that workplace accidents
were caused by carelessness, poor conditions, malfunctioning equipment,
and poor training and instruction. Worker intoxication was involved in
32 percent of workplace deaths and 10 percent of injuries. The law does
not provide workers the right to remove themselves from dangerous and
unhealthy work environments without risking loss of employment.
__________
BELGIUM
The Kingdom of Belgium, with a population of approximately 10.5
million, is a parliamentary democracy with a constitutional monarch who
plays a mainly symbolic role. The country is a federal state with
several levels of government: national, regional (Flanders, Wallonia,
and Brussels), language community (Flemish, French, and German),
provincial, and local. The Council of Ministers (cabinet), led by the
prime minister, holds office as long as it retains the confidence of
the lower house (Chamber of Representatives) of the bicameral
parliament. Federal parliamentary elections held in 2007 and monitored
by Organization for Security and Cooperation in Europe observers were
free and fair. Civilian authorities generally maintained effective
control of the security forces.
The Government generally respected the human rights of its
citizens, and the law and the judiciary provided effective means of
addressing individual instances of abuse. The following human rights
problems were reported: overcrowded prisons, lengthy pretrial
detention, poor detention conditions prior to expulsion of adults and
children whose asylum applications were refused, violence against
women, child abuse, trafficking in persons, and racial and ethnic
discrimination in the job market.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.
Prison and Detention Center Conditions.--Prison and detention
center conditions met most international standards, but overcrowding
remained a problem in a system where approximately 10,000 inmates
occupied facilities with a design capacity of 8,422. The Government
upgraded some older facilities, but incarcerations outpaced
construction. The Justice Ministry began implementing the 2008-12
master plan for building seven additional penitentiaries and upgrading
existing infrastructure. Foreign nationals accounted for approximately
40 percent of all inmates, with almost half of those in pretrial
detention. The large number of noncitizen inmates prompted the
authorities to address cultural problems in the prisons by allowing
inmates to practice their religious beliefs, and providing meals that
met the dietary requirements of different religions. An independent
Central Control Council oversees the prisons.
During the year prison wardens staged several strikes to protest
overcrowding and poor working conditions, and on a number of occasions
inmates caused disturbances and damage while protesting their living
conditions.
The Government permitted visits to prisons and detention centers by
members of parliament and independent human rights groups during the
year.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--The federal police were
responsible for internal security and nationwide law and order. Local
police operated branches in 196 police districts. An independent
oversight committee (Committee P) monitored police activities and
compiled an annual report for parliament. In its 2007 annual report,
the federal police's own inspection service noted an increase in drug-
related criminal acts committed by young police officers.
Committee P and the federal and local police combined received
6,244 complaints about police behavior in 2007. In the previous year,
such complaints resulted in 779 disciplinary sanctions against police
officers. The complaints concerned discriminatory behavior, brutality,
racism, failure to intervene, violations of privacy, and arbitrary
detention. The report noted that courts often showed leniency toward
police officers appearing as defendants.
Arrest and Detention.--Under the constitution, an individual can 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 the right
to a prompt judicial determination of the legality of his or her
detention, and the authorities generally respected this right.
Detainees were promptly informed of charges against them. There is a
functioning bail system. Between January and October, an estimated
9,600 incarcerated individuals qualified for alternative punishment
(i.e., community service), and an additional 700 convicts were
electronically monitored outside of prison premises.
The law provides rights to inmates regarding disciplinary matters,
correspondence, telephone conversations, and religious practice.
Brochures were handed out to inmates informing them about their rights.
During the year newly established implementation courts became
responsible for handling release issues, penitentiary leave, and
electronic monitoring. In 2007 legislation came into force offering
better protection to offenders with mental disorders, and the
Government implemented plans to treat more of these inmates outside of
prisons. The legislation allows authorities to keep inmates imprisoned
after completing their sentences if the court determines that their
release might endanger the public.
According to 2007 figures, pretrial detainees made up 35 percent of
the 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 counsel (at public expense if necessary), to confront witnesses, to
present evidence, and to appeal.
Judges of juvenile courts have a wide range of options for
mediation and sentencing of young offenders. Young offenders committing
serious crimes can be tried by a regular court for adults, but with
youth judges present. Such offenders can be incarcerated in special
youth detention centers until the age of 23.
The law authorizes jurisdiction over war crimes and crimes against
humanity outside the national territory when the victim or perpetrator
is a citizen or legal resident. On May 24, the police arrested Jean-
Pierre Bemba, the leader of the Movement for the Liberation of Congo
and a former Congolese vice president, following an arrest warrant
issued by the International Criminal Court. He was charged with crimes
against humanity and war crimes and transferred to The Hague on July 3.
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. Plaintiffs can seek damages
either individually or through specialized organizations for human
rights violations under the applicable antidiscrimination legislation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and legal code prohibit such actions,
and the Government generally respected these prohibitions in practice.
The Commission for the Protection of Private Life monitored privacy-
related matters and issued advisory opinions to the relevant
authorities.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press.
The law prohibits public statements that incite national, racial,
or religious hatred, including denial of the Holocaust. The maximum
sentence for Holocaust denial is one year's imprisonment. In June two
individuals were each sentenced to one year's imprisonment and a fine
of 24,789 euro (approximately $34,700), and were stripped of their
civil and political rights for 10 years for having over a long period
denied the Holocaust in brochures and leaflets.
Individuals could criticize the Government publicly and privately
without reprisal, and the Government made no attempts to impede
criticism.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. In
conjunction with the Government, Child Focus, a government-sponsored
center for missing and exploited children, developed programs to warn
users of Web sites containing illegal content, especially child
pornography.
Sixty percent of all households had connections to the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right.
The law accorded ``recognized'' status to six religions and a
grouping of nonconfessional philosophical or secular organizations,
each of which received financial benefits from the federal and regional
governments. The lack of recognized status did not prevent other
religious groups from freely practicing their religions, and citizens
generally practiced religion without official harassment or impediment.
Scientologists continued to experience a strained relationship with
the Government. In September 2007 the Federal Prosecuting Office
released an official statement announcing that it had completed its
investigation into the case against Church of Scientology members and
affiliated nonprofit organizations and was forwarding the file to the
Chamber of Indictment, the body responsible for determining if there is
sufficient evidence to warrant prosecution. The investigation was
examining alleged use of forged documents, embezzlement, and violations
of privacy legislation. On April 25, the office announced that the
Belgian branch of the church was the subject of a new judicial
investigation. The branch was charged with recruiting volunteers under
the false pretense of offering work contracts. Decisions in both cases
were pending at year's end.
During the year the Buddhist secretariat began receiving subsidies
as a ``nonconfessional'' philosophical community meriting state
support.
In 2007 the Center for Information and Advice on Harmful and
Sectarian Organizations (CIAOSN), an agency funded by the Justice
Ministry that provides nonbinding advice to the public and public
institutions, received several hundred requests for information about
particular groups. The CIAOSN noted significant increases in visits to
its Web site and in queries concerning physical welfare and therapeutic
organizations.
On June 25, for the first time, a woman wearing a headscarf
appeared as a witness in the country's highest court. (The judicial
code stipulates that those attending a court session must be
bareheaded.)
In July a Hasselt first instance court judge ruled that a school
board had violated the religious freedom of four Sikh pupils when they
were ordered to remove their turbans in school.
The police entered two Sikh temples October 18 as part of a
trafficking-in-persons investigation and found 49 undocumented persons
possibly being trafficked through the country to the United Kingdom or
elsewhere in Europe. The United Sikh organization reacted by making
vocal complaints in the press about the police force's alleged lack of
respect for a Sikh ceremony during the raid.
Societal Abuses and Discrimination.--The size of the Jewish
community is estimated at 40,000-50,000. The Center for Equal
Opportunity and the Fight Against Racism (CEOOR) counted 66 anti-
Semitic incidents in 2007. During the year there was a noticeable
increase in Internet hate messages. In addition, anti-Semitic graffiti
on Jewish homes and insults against Jews on the streets were reported.
The law prohibits public statements that incite national, racial,
or religious hatred, including denial of the Holocaust (See Section
2.a.).
Anti-Muslim incidents also occurred during the year, but no data
were available on their extent.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The Government granted refugee status or asylum. In practice,
the Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened.
In 2007 this protection was granted to 279 refugees, the larger part
coming from Iraq, Somalia, and Afghanistan. During 2007, 11,115
refugees applied for asylum, the smallest number since 2000. The
Immigration Office registered 12,252 applications during the year; 28.3
percent of the vetted applications were accepted. Most accepted
refugees came from Russia, Iraq, Guinea, Serbia, and Rwanda. During
2007 legislation came into force allowing the authorities to grant
``subsidiary protection'' to refugees not qualifying under the 1951
convention or the 1967 protocol who could establish that upon return to
their home country they would face the death penalty, torture, or other
inhuman treatment. These refugees are entitled to material aid and have
access to the labor market. During the year 352 applicants-most of them
from Iraq-qualified for subsidiary protection.
Regularization on the grounds of an unduly long application period,
for urgent humanitarian reasons, or on medical grounds was granted to
11,335 applicants in 2007, including 555 minor and 4,326 adult
applicants, through May of 2008. Because the Commissariat for Refugees
and Stateless Persons shortened the verification process, applicants
for refugee status mostly stayed in overcrowded specialized centers
rather than opting for housing provided by local authorities. The
national centers were managed by FEDASIL, a government agency, and had
a total capacity of 15,800. In 2007 a new refugee relief act came into
force, under which refugees who spent four months in a collective
relief center qualified for independent living and were permitted to
leave these collective centers. The new legislation also provides for
social, medical, psychological, and legal assistance to refugees.
Recognized refugees could be gainfully employed. If the application
was refused, the refugee could still be eligible for material aid.
Unaccompanied minor asylum seekers were assigned to designated
specialized centers. Each individual applicant worked directly with a
custodian whose task was to assist during the application process.
School-age applicants were required to attend school.
Refused asylum seekers were informed in writing and in person of
the repatriation scenarios they could choose from. The Government, in
partnership with the International Organization for Migration (IOM),
provided relocation assistance to unsuccessful asylum applicants who
agreed to return voluntarily to their countries of origin. Unsuccessful
applicants who did not leave voluntarily were subject to forced
repatriation. In 2007, 8,745 refused asylum seekers were repatriated,
including 2,592 under IOM auspices. This represented a sharp decline in
numbers compared to 2006, due chiefly to the unwillingness of other
countries to accept their return and to the accession of Romania and
Bulgaria to the European Union. Nongovernmental organizations (NGOs)
complained that living conditions at the closed centers for refused
asylum seekers were substandard. By year's end the Immigration Ministry
began implementing a decision to provide individual housing to refused
families with children.
During the year scores of asylum seekers who stayed in the country
illegally after their applications were refused took refuge in
churches, went on hunger strikes, and climbed tower cranes to draw
public attention to their situation. The immigration minister made
several statements during the year that all asylum seekers could apply
to regularize their status on humanitarian or medical grounds.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens ages 18 and older exercised this
right through periodic, free, and fair elections held on the basis of
universal suffrage. Voting in all elections is compulsory. Failure to
vote is punishable by a nominal fine.
Elections and Political Participation.--General elections were held
in June 2007; they were considered free and fair. Political parties
could operate without restriction or outside interference.
The constitution requires the presence of men and women, 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 created thereby illegal.
In May a fact-finding group of Council of Europe experts visited
the country and interviewed the authorities regarding the case of three
Francophone mayors of Flemish Brussels suburbs whose nominations were
denied by the regional Flemish interior minister on the grounds that
they had violated the prevailing language legislation during the 2006
municipal election campaign. Local Francophone politicians argued that
the language laws in these municipalities violated the constitutionally
protected free use of languages.
There were 56 women in the 150-seat Chamber of Representatives and
29 women in the 71-seat Senate; six of the outgoing 22 federal cabinet
ministers and state secretaries were women, and 11 of the 33 regional
ministers were female.
There were five members of minorities in the Chamber of
Representatives, three in the Senate, and two minority regional
ministers.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. Corruption was not a serious
problem according to the World Bank's Worldwide Governance Indicators.
Elected officials and high-level civil servants are required to
disclose any regular private employment or public jobs they hold and to
provide confidential disclosure of their financial situation.
In June the Charleroi police commander was forced to resign over
corruption charges. During 2007, 12 civil servants and 25 private
contractors were indicted on active and passive corruption charges in
connection with public building contracts, resulting in the appointment
of new leadership of the Federal Buildings Department.
With some exceptions, such as material involving national security,
the Government provided unrestricted access to government information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government generally enforced these
laws; however, violence against women, child abuse, trafficking in
persons, and discrimination against minorities were problems.
In 2007 three acts of parliament came into force replacing earlier
antiracism and antidiscrimination legislation and bringing the
country's legislation in line with prevailing European Union
directives. One of the laws identified 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
updated the 1999 gender discrimination in the workplace act.
Women.--Rape, including spousal rape, is illegal, and the
Government prosecuted such cases. In 2007 the federal police registered
2,933 rape cases, compared to 3,045 the previous year. A convicted
rapist can be imprisoned for a minimum of 10 years to a maximum of
life. The length of sentence is based on the age of the victim, the age
difference between the offender and the victim, the relationship
between the offender and victim, and the use or absence of violence
during the commission of the crime.
Domestic violence against women, including spousal abuse, remained
a problem. Reportedly, one in five women had at some time been
subjected to domestic violence. In 2007 the federal police reported
16,254 cases of violence between spouses, compared to 15,466 the
previous year. Police registered 26,404 acts of violence within the
larger family framework. The law defines and criminalizes domestic
violence and provides for fines and incarceration. The law allows
police to enter a home without the consent of the head of household
when investigating a domestic violence complaint; however, there were
complaints that the police frequently declined to do this.
An action plan for dealing with domestic violence was in force, and
the regional governments formally joined the effort. Police forces and
prosecuting magistrates registered all complaints and official actions
taken in connection with domestic violence.
A number of government-supported shelters and telephone help lines
were available across the country for victims of domestic abuse. In
addition to providing shelter, many offered assistance on legal
matters, job placement, and psychological counseling to both partners.
The Institute for the Equality of Men and Women announced that it
would claim damages in the case of a Pakistani woman slain in an honor
killing resulting from a failed arranged marriage.
Prostitution is legal; however, the law prohibits organizing
prostitution or assisting immigration for the purpose of prostitution.
There were reports that women and girls were trafficked to the country
for the purpose of prostitution, and there were a number of arrests and
convictions on related charges.
The law prohibits discrimination on the grounds of gender,
pregnancy, motherhood, or sex change. It also prohibits sexual
intimidation in labor relations and in access to goods, services,
social welfare, and health care. Separate legislation prohibits sexual
harassment in the workplace, and the Government generally enforced it.
A victim of sexual harassment in the workplace can claim damages in a
court of justice. Victims of sexual harassment have the right to sue
their harassers and seek financial remedies, but most cases of sexual
harassment were resolved less formally.
Women enjoy the same legal rights as men, including rights under
family law, property law, in the judicial system, in labor relations,
and in social welfare protection. The federal government's Institute
for the Equality of Men and Women, which is tasked with promoting
gender equality, is authorized to initiate lawsuits if it finds that
equality laws have been violated.
During the year the Government started implementing the gender
mainstreaming act of 2007. The law obliges the authorities to address
gender aspects in planning policy, collecting data, drafting budgets,
awarding contracts, and drafting reports.
Economic discrimination against women continued. A survey conducted
by several ministerial departments during the year showed that in the
public sector the average annual salary for women was 90 percent of
that for men for contracted employees; salaries were equal among
statutory civil servants. In the private sector, women earned 70
percent of the average male salary among white-collar workers and 79
percent in the blue-collar work force. Discrimination was greatest
among older workers and in higher wage categories. Because relatively
higher percentages of women were in part-time jobs and in lower wage
categories, the actual male-female wage gap was even higher.
Through legislation and decrees, federal and regional authorities
sought to increase the presence of women on the boards of public
enterprises and government agencies. Data from the European
Professional Women's Network indicated that women filled only 5.8
percent of the positions on boards of directors of the country's
leading private companies.
Children.--The Government was committed to children's rights and
welfare. During the year parliament amended the constitution, giving
children the right to voice an opinion in matters of concern to them
and to the necessary measures and services for their personal
development. The amendment brought the country's fundamental charter
into conformity with the UN Convention on the Rights of the Child.
There were reports of child abuse. In 2007 the federal police
registered 1,996 cases of child abandonment and abuse, compared with
2,145 in the previous year.
The law provides for the protection of youth against sexual
exploitation, abduction, and trafficking, and calls for severe
penalties for child pornography and possession of pedophilic materials.
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. In 2007 the NGO Child Focus handled 247 sexual abuse cases and
continued its Internet-based public awareness campaign called
``stopchildporno.be.'' It received 2,790 reports of child pornography
on the Internet and forwarded relevant cases to the specialized units
of the federal police.
According to official figures, in 2007 the federal police
investigated 375 child pornography cases, and international networks
operating in several countries were dismantled with the help of Europol
and Eurojust. In several Belgian court cases judges handed down prison
sentences for downloading child pornography.
Child Focus reported that it handled 3,555 missing children cases
involving 3,739 children in 2007. There were 1,255 cases of runaways;
half of the runaways returned home within 48 hours. The center handled
36 cases of abduction by a third person. Also that year, Child Focus
handled 451 cases of abduction by parents, involving 623 children; 232
of the cases (331 children) involved children abducted to another
country.
During the year Child Focus, in conjunction with the King Baudouin
Foundation, produced the first comprehensive study to document the
growing number of children contacted via cellular telephone and
Internet for sexual purposes and children responding to such requests.
Following a critical report from a European Parliament Commission,
the Government announced that unaccompanied minors stopped at the
border were no longer being held in closed centers, but in specialized
observation and orientation centers. Minors held with their parents had
access to individualized education.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, Belgium is a transit country for men, women, and
girls trafficked for the purpose of economic and sexual exploitation.
According to the CEOOR and domestic NGOs that worked with trafficking
victims, women and girls were trafficked primarily from Nigeria,
Russia, Albania, Bulgaria, Romania and the People's Republic of China.
Some were trafficked through the country to other European countries
such as the United Kingdom. Male victims were trafficked to the country
for labor exploitation in restaurants, bars, sweatshops, and
construction sites.
The law criminalizes recruiting, transporting, transiting,
sheltering, and passing to others the control over persons for the
purpose of prostitution, child pornography, exploitation of poverty,
economic exploitation, or organ transplant. The law also makes it
illegal to force trafficked persons to commit crimes. Persons convicted
of violating the antitrafficking law are subject to one to five years'
imprisonment and may be fined between 2,750 and 275,000 euro
(approximately $3,850 to $385,000). Repeat offenses, offenses of an
organized nature, and those with aggravated circumstances are subject
to higher penalties. If the offender belongs to a criminal organization
or if the trafficking results in manslaughter, the punishment is 15 to
20 years' imprisonment and fines ranging from 5,500 to 825,000 euro
($7,700 to $1,155,000).
The country's antitrafficking policy is implemented by the
Interdepartmental Coordination Unit to Combat Human Trafficking and
Smuggling, chaired by the Justice Minister. Its executive board is
composed of representatives from the Criminal Policy Department of the
Justice Ministry, the CEOOR, the Immigration Office, the federal
police, and the State Security and Social Welfare and Employment
ministries.
In 2007 prosecutors handled 418 trafficking cases, including 219
economic exploitation and 168 sexual exploitation cases. The federal
judicial police handled 196 trafficking files, compared with 184 in
2006. In 2007 the police arrested 342 persons for smuggling and
trafficking-related crimes.
The country's legislation is in line with prevailing European Union
directives, particularly on awarding residence to trafficking victims
who cooperate with the authorities. The prevailing protection system
has the force of law and extends to unaccompanied minors and other
categories of vulnerable victims.
During the year the Government launched a new action plan for
combating trafficking and smuggling. The plan aims at improving data
sharing among law enforcement agencies, more effectively combating
child pornography, and tracking persons who exploit trafficking
victims.
Victims have 45 days to decide whether to assist in the
investigation of their traffickers and can qualify for a renewable
three-month residency permit or a six-month permit, depending on the
status of the judicial investigation. Victims can eventually obtain
permanent residence when their traffickers are sentenced. Unaccompanied
minors and victims willing to file a complaint can skip the 45-day
period and immediately apply for a three-month residency permit.
The Government continued to subsidize three specialized shelters
providing assistance to victims of trafficking, and NGOs continued to
report excellent cooperation and coordination with law enforcement
agencies. The shelters registered 619 victims in 2007. The three
centers noted a significant increase in the number of victims of
economic exploitation.
Persons With Disabilities.--The law provides for the protection of
persons with physical and mental disabilities from discrimination in
employment, education, access to health care, and other state services.
The CEOOR reported that 30 percent of all complaints concerned
discrimination against persons with disabilities. Most of them
concerned housing, public transport, public utilities, and access to
banks, bars, and restaurants. While the Government has mandated that
public buildings erected after 1970 must be accessible to such persons,
many older buildings were still inaccessible.
National/Racial/Ethnic Minorities.--Immigrant communities
complained of discrimination. Members of the Muslim community,
estimated at 450,000 and principally of Moroccan and Turkish origin,
claimed that discrimination against their community, notably in
education and employment-and particularly against young men-exceeded
that experienced by other immigrant communities. In 2007 the CEOOR,
which investigates complaints of discrimination, racism, and hate
instigation, handled 2,917 discrimination and racism complaints, a 77
percent increase from the previous year-partially due to greater public
awareness of the CEOOR complaint mechanism. Most complaints concerned
race and physical handicaps; in contrast with previous years, there was
a 12.5 percent increase in complaints about discrimination on religious
and philosophical orientation grounds. The CEOOR also noted a
significant increase in complaints about racism in the media, in
propaganda material, and on the Internet in blogs and e-mails.
Unlike in the previous year, there were no further ethnic clashes
between immigrant groups living in Brussels.
The CEOOR also noted discrimination regarding employment, housing,
and restaurant access, and an increase of racism on the Internet and in
e-mail.
Two percent of all registered complaints resulted in litigation
initiated by the CEOOR. Courts convicted a number of defendants for
inciting racial hatred, shouting abuse, denying the Holocaust, and
using violence against asylum seekers. Judges convicted employers for
discriminating on racial and physical grounds in hiring personnel.
Landlords were convicted for discriminating against foreigners and
persons with disabilities.
Data released by the Justice Ministry showed that only 2 to 5
percent of all racism and discrimination cases handled by the first
instance courts in 2007 resulted in indictments or court rulings.
Other Societal Abuses and Discrimination.--Five percent of the
complaints registered by the CEOOR concerned discrimination based on
sexual orientation.
In its annual report for 2007, the CEOOR noted an increase in
discrimination based on health or medical conditions-including against
persons with HIV/AIDS, philosophical orientation (a Belgian legal
concept referring to religious, spiritual, and philosophical belief or
lack thereof), and age.
On July 10, the European Court of Justice ruled that a manufacturer
of automatic garage doors had discriminated when he refused to hire a
Moroccan applicant under the pretext that his clients would object to
having a Moroccan worker in their homes. The case was referred to a
labor court for sentencing under the antidiscrimination law.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers the right to
form and join independent unions of their choice, and workers exercised
this right in practice. Approximately 58 percent of employed workers
were members of labor unions. The law allows unions to conduct their
activities without interference, and the Government protected this
right in practice. The law provides for the right to strike, and
workers exercised this right.
b. The Right to Organize and Bargain Collectively.--The right to
bargain collectively is recognized, and the Government protected this
right. There were no reports of antiunion discrimination.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. The police and courts used
antitrafficking legislation to combat economic exploitation.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law and policies generally protect children from exploitation in the
workplace. The minimum age of employment is 15. Youths between the ages
of 15 and 18 can participate in part-time work and study programs and
work full-time during school vacations. The Ministry of Employment
regulates industries that employ younger workers to ensure that labor
laws are followed.
e. Acceptable Conditions of Work.--The monthly national minimum
wage for workers 21 years of age was 1,387.5 euro (approximately
$1,940) and increased to 1,440.7 euro (approximately $2,000) for
workers 22 years of age with one year of service. When combined with
extensive social benefits, this provided a decent standard of living
for a worker and family.
The standard workday is eight hours, and the standard workweek is
38 hours. Departure from these norms can occur under the terms of a
collective bargaining agreement, but work time may not exceed 11 hours
per day and 50 hours per week. An 1-hour rest period is required
between two work periods. Overtime is paid at a time-and-a-half premium
Monday through Saturday and at double time on Sundays. The Ministry of
Labor and the labor courts effectively enforced these laws and
regulations.
Workers have the right to remove themselves from situations that
endanger their safety or health without jeopardy to their continued
employment, and workers exercised this right in practice. In general,
regulations were enforced effectively by the Employment and Labor
Relations Federal Public Service.
__________
BOSNIA AND HERZEGOVINA
Bosnia and Herzegovina (BiH) consists of two entities within the
state, the Federation of Bosnia and Herzegovina (the Federation) and
the Republika Srpska (RS), and Brcko District, with a total population
of approximately four million. The Federation has a Bosniak (Muslim)
and Croat (Catholic) majority, while the RS has a Bosnian Serb
(Orthodox) majority. As stipulated in the 1995 peace agreement (the
Dayton Accords), a state-level constitution provides for a democratic
republic with a bicameral parliamentary assembly but assigns many
governmental functions to the two entities. The Dayton Accords also
provide for the Office of the High Representative (OHR) with the
authority to impose legislation and remove officials. The tripartite
presidency consists of Bosnian Croat Zeljko Komsic, Bosnian Serb
Nebojsa Radmanovic, and Bosniak Haris Silajdzic. In 2006, the country
held general elections that international observers deemed free and
fair. Municipal elections held during the year were similarly evaluated
by independent local observers. Civilian authorities generally
maintained effective control of the security forces.
The Government's human rights record remained poor. Although there
were improvements in some areas, serious problems remained. There were
reports of continued deaths from landmines, police abuses, poor and
overcrowded prison conditions, increased harassment and intimidation of
journalists and members of civil society, discrimination and violence
against women and ethnic and religious minorities, discrimination
against persons with disabilities and sexual minorities, obstruction of
refugee return, trafficking in persons, and limits on employment
rights. At year's end, Ratko Mladic, the war crimes suspect most wanted
by the International Criminal Tribunal for the former Yugoslavia
(ICTY), remained at large.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
Domestic courts and the ICTY continued to adjudicate cases arising
from killings during the 1992-95 conflict.
Although the Government supports an array of demining programs,
outside observers questioned whether corruption undermined the
integrity and safety of demining projects in the country. During the
year there were 21 landmine accidents that killed 19 persons and
injured 20.
b. Disappearance.--There were no reports of politically motivated
disappearances.
An estimated 11,989 persons remained missing from the 1992-95 war.
The International Committee of the Red Cross (ICRC) reported that since
1995 it had received 22,411 requests from family members to trace
relatives still missing from the war. By year's end a total of 10,422
persons had been accounted for, including 460 located alive. Political
leaders often intentionally misrepresented actual numbers related to
the number of missing or deceased persons in an effort to buttress
claims of victimization of their respective ethnic groups. Such
misrepresentation contributed to the country's unstable political
environment.
RS leaders, particularly Prime Minister Dodik, hindered the state-
level Missing Persons Institute's (MPI) work by attempting to
reestablish an RS body with similar responsibilities. Throughout 2007,
the staffs of both entity commissions were fully integrated into MPI,
and joint exhumation teams took over functions previously split between
the entities. MPI is responsible for continuing the search for missing
persons in partnership with the International Commission on Missing
Persons (ICMP). The institute's goal was to establish a single, central
list of all missing persons from the 1992-95 war. However, when the RS
formed its Operational Team for the Search for Missing Persons, some
ethnic Serb staff from MPI left that institution to work on the RS
team. Both international and state-level officials characterized the
creation of the RS team as an attempt to disrupt MPI's work by creating
a parallel institution at the entity level. Although RS officials
denied the assertion, RS operational teams refused MPI personnel access
to archives that were transferred to MPI's ownership in accordance with
the 2004 Law on Missing Persons. The RS prosecutors did not cooperate
in MPI's exhumation and identification process. Since May there were no
exhumations or identifications carried out by RS prosecutors.
At year's end excavations coordinated by MPI had resulted in the
recovery of 506 bodies and 1,524 sets of partial remains. The majority
of mortal remains were recovered from 13 mass graves (seven of them
related to the 1995 Srebrenica genocide) in the Podrinje area.
From 2000 through the end the year, the ICMP generated a total of
24,571 DNA matches relevant to 15,066 missing persons, of which 11,935
relate to the country, and collected over 86,759 blood samples from
persons related to 28,694 missing individuals, of which 68,763 samples
related to 23,168 persons were relevant to the country.
During the year the BiH State Prosecutor's Office and its War
Crimes Department continued to investigate the events surrounding the
Srebrenica genocide and the fate of individuals missing from those
events.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
allegations that police physically mistreated individuals.
On July 2, the country's Helsinki Committee for Human Rights (HCHR)
paid a visit to Zenica prison, noting some continuing issues unresolved
since the Council of Europe's Committee for the Prevention of Torture
(CPT) report on its March 2007 visit to the country's prison and
detention facilities. The CPT reported several allegations of physical
mistreatment by police, especially during questioning. The CPT
recommended that police should immediately remove baseball bats,
replica pistols, and metal piping with wrist straps from premises where
police may hold or question individuals.
Various state and entity level ministries and state, entity, and
cantonal law enforcement agencies responded to preliminary observations
of the CPT by the required deadline, laying out a series of measures
they had undertaken to address reported concerns. The Federation
minister of interior and the police director informed the ministries
and police commissioners of each canton of the CPT findings, including
a reminder that mistreatment of persons deprived of liberty is illegal
and unprofessional and that it will be punished. The cantonal
ministries each responded to the Federation government with reports on
actions taken to investigate and process cases of mistreatment. In RS,
Ministry of Interior authorities responsible for oversight of
individual organizational units were ordered to pay special attention
to monitoring legality of treatment of persons deprived of liberty, and
to undertake sanctions as regulated by the law in order to combat
torture and inhuman and degrading treatment.
On July 6, Sanel Jusic reported to Herzegovina-Neretva Canton
police in Mostar that four officers assaulted him without cause.
According to Jusic, while walking with two foreign citizens, a police
car stopped in front of him and four officers got out and assaulted him
without requesting identification. The spokesman for the canton police,
Lejla Trivun, confirmed that Jusic reported the incident and stated
that police forwarded the case to the Internal Control Unit.
Prison and Detention Center Conditions.--Prison standards for
hygiene and access to medical care met prisoners' basic needs, but
overcrowding and antiquated facilities remained serious problems.
Overcrowding, inadequate nutrition, and poor hygiene were chronic
problems in police detention facilities, some of which were unsuitable
for use. There were no proper facilities for treating mentally ill or
special needs prisoners.
There were some reports of allegedly ethnically motivated violence
among inmates, particularly the formation of prison gangs based on
ethnicity or region of origin. Prison officials are able, to a degree,
to isolate those who appear to be the source of threats to others, or
those whom others targeted.
There were no specific reports of corruption among prison
officials, but authorities presumed such corruption. In some cases,
inadequate infrastructure, irregular staffing patterns and placement of
prisoners in centers near their support networks facilitated prison
escapes. Investigators alleged that corruption was a factor in the
successful May 2007 escape of Radovan Stankovic from Foca Prison. At
year's end Stankovic remained at large.
The Government responded to the CPT request for information in the
2006 death of one prisoner who died in custody, reportedly of a drug
overdose. The autopsy, which was performed in Zagreb, confirmed that
the prisoner died of a drug overdose. During its March 2007 visit, the
CPT found detention cells at the Foca police station to be
``appalling'' and requested the cells be taken out of service
immediately. The cells were subsequently taken out of service, and
renovation was in progress at year's end. The CPT also found a proposed
cell area in Visegrad unsuitable and said it should not be brought into
use. The area in question was not in use at year's end, at which time
authorities were seeking funding for renovation.
Adult and juvenile female inmates were held together in separate
wings of facilities for adult males. Facilities held male inmates aged
16 to 18 with adult male inmates, with male inmates under the age of 16
held separately. Following its March 2007 visit, the CPT delegation
noted that the practice of placing juveniles with older inmates in the
admission ward of Foca Prison was contrary to the principle of
separation of juveniles and adults and ``totally unsafe.'' The
correction facility for RS juveniles aged 16 to 18 in the Banja Luka
Prison had a 35-bed capacity, well below the space needed. Zenica
prison held one 17-year-old in its general prison population. It also
held 33 people in a pretrial detention building separated from the rest
of the prison. One woman was among the 33 persons there, though each
prisoner was held in a separate cell.
On May 28, the European Court for Human Rights (ECHR) established
that the country had violated the European Convention on Human Rights
with respect to persons who were held in Zenica correctional facility.
The court ordered the country to pay the plaintiffs 18,500 euros
(approximately $26,000) in compensation and recommended that the state
provide higher levels of protection in prisons and set up mechanisms
for inspections of prisons.
The Government permitted visits by independent human rights
observers and gave international community representatives widespread
and unhindered access to detention facilities and prisoners. The BiH
HCHR visited the Zenica Prison on July 2 to follow-up locally on the
March 2007 CPT visit. The HCHR report cited problems with understaffed
and overworked staff, serious overcrowding, and aged facilities as the
source of serious human rights concerns. Describing penitentiary life,
the HCHR noted that fights among prisoners were ``everyday features''
that often lead to ``serious injuries.'' They noted a number of recent
attacks on prison staff by inmates. The HCHR also noted the presence of
illegal drugs among the prisoner population, and expressed concern
about a lack of effective control.
The ICRC continued to have access to detention facilities under the
jurisdiction of the ministries of justice at both the state and entity
levels; it mainly visited persons under investigation or sentenced for
war crime offenses.
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 gives both
entity- and state-level governments responsibility for law enforcement,
but extends significant overlapping competencies to each entity and to
the Brcko District, each of which has its own police force. The
European Union Force continued to implement the military aspects of the
Dayton Accords and provide a secure environment for implementation of
the nonmilitary aspects of the settlement. The North Atlantic Treaty
Organization headquarters in Sarajevo is responsible for overseeing
defense reform, counterterrorism efforts, and cooperation with the
ICTY. The European Union Police Mission monitored, mentored, inspected,
and worked to raise the professional standards of the local police.
The country made some progress on state-level police reform.
Authorities postponed local-level police reform until after the
completion of constitutional reform. In accordance with the November
2007 Sarajevo Action Plan, the state parliament adopted two police
reform laws in April mandating the creation of four new state-level
police agencies and three state-level police oversight bodies. By
year's end the seven bodies had not yet been fully formed or staffed.
Entities did not meet the target standards of ethnic representation on
police forces that their respective constitutions mandated.
The Police Standards Units (PSU) functioned as internal affairs
investigative units in each entity's Ministry of the Interior and in
the Brcko District. The presence of these units led to the creation of
standardized procedures for processing complaints of police misconduct
and for disciplining police. There were continued reports of corruption
within the entity and state-level security services. The PSUs
discovered crimes including bribery, inflicting serious injury,
violating public law and order under the influence, assisting the
escape of a prisoner during transport, forgery, and extortion.
Authorities dismissed one individual for war crimes charges.
During the first nine months of the year, the RS PSUs investigated
680 conduct-related complaints and determined that 86 were well
founded. The unit forwarded recommendations for disciplinary action to
prosecutors in 19 cases that they considered major violations. In
addition, authorities filed nine felony reports and three misdemeanor
reports against 13 RS Interior Ministry employees for offenses
including narcotics trafficking, forgery, theft, domestic violence,
assault, extortion, and traffic violations, indicating a significant
decrease from the previous year. During the year Federation PSUs
investigated 375 cases and forwarded 43 complaints to prosecutors for
disciplinary action. During the year the Brcko District PSU
investigated 52 cases and concluded that five complaints were well
founded. The PSU forwarded two cases deemed to be major violations of
duty to prosecutors for disciplinary action.
Arrest and Detention.--Police generally arrested persons openly
with warrants based on sufficient evidence. Authorities promptly
informed detainees of the charges against them, and there was a
functioning bail system. The law requires police to bring persons
suspected of committing a crime before a prosecutor within 24 hours of
detention. The law also authorizes police to detain individuals for up
to six hours at the scene of a crime for investigative purposes; this
period is included in the 24-hour detention period allowed prior to
being charged. The prosecutor has an additional 24 hours either to
determine whether police should release the person or to bring the
person before a judge who decides whether they should remain in
pretrial custody. The law generally limits pretrial detention to one
year. The law allows detainees to request a lawyer of their own
choosing, requires authorities to inform detainees of the charges
against them after an indictment, and provides the right to a speedy
trial. In practice, authorities generally observed these requirements.
There were no cases of arbitrary arrest or detention reported during
the year.
e. Denial of Fair Public Trial.--The state constitution does not
explicitly provide for an independent judiciary, but the laws of both
entities do. The State Court is the highest court in the country for
certain criminal cases, including war crimes, organized crime,
terrorism, economic crime, and corruption. The country also has a State
Constitutional Court and State Prosecutor's Office. Each entity has its
own supreme court and chief prosecutors' offices. The state-level court
system does not exercise judicial supremacy over the individual entity-
level court systems. Political parties sometimes influenced the
judiciary in politically sensitive cases. Judicial reforms reduced the
level of intimidation by organized crime figures and political leaders,
but intimidation remained.
In March, RS Prime Minister Dodik threatened to file charges
against judges of the Trebinje Municipal Court for ``attempted theft.''
The judges had ruled in favor of a family who sought compensation for
their metal processing plant, which Trebinje Municipality confiscated
in 1993 on the orders of the RS Ministry of Trade. Dodik's threat
prompted OHR to issue a press release warning against intimidation of
the judiciary. Branko Peric, then president of the High Judiciary and
Prosecutorial Council, characterized Dodik's action as a direct threat
to judicial independence.
On September 11, the RS government formally instructed its
ministries and agencies not to cooperate with state-level law
enforcement and judicial institutions conducting an investigation into
alleged corruption involving RS government building contracts. The OHR
publicly criticized the RS government's action as ``explicit political
interference with the independence of the judiciary and in operational
policing.'' The RS government asserted that the State did not have
jurisdiction in the matter, and insisted that certain conditions be met
before it would comply with the State Prosecutor's Office and State
Investigation and Protection Agency (SIPA).
On October 2, Dodik publicly threatened violence should state-level
law enforcement officials seek to obtain documents from RS government
buildings in the context of the investigation. He accused ``part of
OHR'' of ``conducting a personal war against the RS'' and ``Muslims of
Sarajevo'' of ``abusing their power'' with regard to the investigation.
Dodik also said, ``I want to send them a message that next time they
(state-level law enforcement officials) will not be allowed to enter
such institutions without resistance by the RS police.'' On November
13, the State Court issued an order requested by the State Prosecutor
allowing SIPA to seize needed documents from RS government buildings.
On November 26, the RS government submitted some of the requested
documents to the State Court. The following day, it filed an appeal of
the State Court's temporary seizure order with the State Court on the
grounds that the court did not have jurisdiction in the matter, but its
appeal was later rejected.
Also on November 27, the RS government filed a criminal complaint
with the State Prosecutor's Office against Acting Chief Prosecutor
Milorad Barasin, the OHR principal deputy high representative, and
seven other individuals in connection with the state prosecutor's
investigation of possible corruption in the RS. The move was condemned
by OHR, which noted that ``Milorad Dodik is clearly making use of
Republika Srpska institutions and personnel to try to intimidate the
international community.'' The State Prosecutor's Office investigation
of RS corruption remained underway at year's end.
The state-level High Judicial and Prosecutorial Council (HJPC) acts
independently and regulates many of the most important affairs of the
judiciary with clear, transparent criteria for judicial and
prosecutorial appointments and detailed disciplinary liability for
judges and prosecutors. In November, the Federation government
appointed a judge who was not vetted by the HJPC to the Federation's
Constitutional Court. The HJPC and the Office of the High
Representative voiced strong concern that this appointment was not in
compliance with the law on the HJPC. A resolution of this issue was
still pending at year's end.
On December 12, Dodik criticized the work of Muslim judges in the
country, saying ``...it is unacceptable for the RS that Muslim judges
try us and throw out complaints that are legally founded. And we think
that it is only because they are Muslims, Bosniaks and that they have a
negative orientation towards the RS, and we see the conspiracy that has
been created.'' The OHR, the international community, and others widely
condemned this statement.
Local officials and police generally cooperated in enforcing court
decisions, but problems persisted as a result of inefficiency. Despite
efforts to streamline court procedures, there was a backlog of nearly
two million unresolved cases, with over one-half utility bill cases,
and only approximately one-tenth for criminal matters.
Authorities generally respected and implemented Constitutional
Court decisions, although often with delays.
Trial Procedures.--Under Federation and RS laws, defendants enjoy a
presumption of innocence, trials are public, and the defendant has the
right to counsel at public expense, if charged with a crime that is
punishable by long-term imprisonment. However, courts did not always
appoint defense attorneys for indigent defendants in cases where the
maximum prison sentence was less than five years due to insufficient
court budgets and high attorney fees. The law provides that defendants
have the right to confront or question witnesses, to present witnesses
and evidence on their own behalf, to access government-held evidence
relevant to their cases, and the right to appeal. The Government
observed these rights in practice.
The State Court made significant progress adjudicating organized
crime and war crimes cases and expanded the witness protection program.
Since its inception, the SIPA Witness Protection Department provided
support to more than 350 individuals. During the year the department
provided support to 120 individuals.
On April 25, the RS Supreme Court affirmed the November 2007
Bijelina District Court convictions of two individuals in the February
2007 murder of RS HCHR cofounder Dusko Kondor. The killer received a
20-year prison sentence, while his accomplice received a four-year
sentence.
The State Court War Crimes Chamber and entity courts continued
conducting war crimes trials during the year. Of the six cases
transferred from ICTY to Bosnia and Herzegovina between 2005 and 2006,
all but the case against Milorad Trbic had completed first instance
trials, and there were final verdicts in two cases. The State
Prosecutor's Office opened 49 new war crimes investigations involving
106 suspects and confirmed 22 new indictments involving 29 accused war
criminals. This was the first year the State Prosecutor's Office used
plea agreements in some cases. During the year the office also unveiled
new case selection criteria based on a demographic analysis of all
crimes committed nationwide. This tool allows the State Prosecutor's
Office to focus on the most egregious war crimes. In December the
Council of Ministers adopted a National War Crimes Strategy for war
crimes prosecution. The strategy foresees the prosecution of the most
serious war crimes by 2016 and all other war crimes by 2024.
The State Prosecutor's Office continued its investigations against
RS police officers and other individuals whose names were included in
the list of individuals suspected of participating in genocide
committed in and around Srebrenica. Authorities stripped these
individuals of their travel documents to prevent flight. At year's end
one of the 35 police officers named by the commission had been
indicted, and investigations against two others were discontinued.
On September 2, the state-level appellate court returned the case
of Ranko Vukovic to the first instance panel of the State Court. That
panel found Vukovic guilty of crimes against humanity and sentenced him
to 12 years in prison February 4. Vukovic remains free while the panel
hears his case again, though authorities seized his passport.
On February 22, the court sentenced Idhan Sipic, who pled guilty to
charges of war crimes for killing a civilian while he was serving in
the wartime Army of the Republic of Bosnia and Herzegovina, to eight
years in prison. This was the first war crimes case in which a plea
agreement was reached between the State Prosecutor's Office and a
defendant.
On February 26, the trial of Ratko Bundalo in a 1992 Kalinovik war
crimes case began and was ongoing at year's end. SIPA arrested Bundalo
in August 2007 with several others as part of a larger investigation.
On February 28, a panel of the State Court convicted Mitar Rasevic
and Savo Todovic on charges of crimes against humanity. Rasevic and
Todovic were in charge of the Foca prison camp. The court sentenced
Rasevic to eight years and six months in prison and Tadovic to twelve
years and six months in prison.
On February 28, a first instance panel of the State Court convicted
Veiz Bjelic of war crimes against civilians and prisoners of war and
sentenced him to six years in prison. Bjelic, a former guard at Stala
prison, pled guilty after reaching a plea agreement with the State
Prosecutor's Office. The court accused him of raping a civilian and of
allowing members of the Vlasenica Territorial Defense to enter the
prison premises and physically and emotionally abuse Serb prisoners,
resulting in the death of a prisoner.
On October 23, the appellate panel sentenced Marko Samardzija to
seven years' imprisonment in the retrial of his 2006 conviction for
crimes against humanity, including the killing of over 144 Bosniak men
and boys from the villages of Brkic and Balagic Brdo in Kljuc
Municipality in 1992.
On September 8, the RS Ministry of Justice allowed the head of Foca
prison, Aleksandar Cicmil, whom the same ministry suspended after the
May 2007 escape of convicted war criminal Radovan Stankovic, to return
to work in another capacity. On September 13, the RS Ministry of
Justice ordered the suspension of the seven prison guards who were on
duty at the time of Stankovic's escape following confirmation of their
indictment by a state-level court. Authorities had earlier reinstated
the guards to their positions after a July 9 decision by the Trebinje
District Court. The OHR, in a press release one year after the escape,
characterized the lack of disciplinary action against responsible
officials as ``an outrage.''
The 2006 State Prosecutor's Office investigation into the
activities of the former commander of the army's Fifth Corps, General
Atif Dudakovic, and other unknown persons shown in a video killing an
unknown number of individuals from the Bosnian Serb Army during the
war, was ongoing at year's end.
One ICTY indictee wanted for crimes committed in the country, Ratko
Mladic, remained at large. On July 18, Serbian police arrested Radovan
Karadzic, a fugitive for 13 years, and transferred him to The Hague.
Karadzic, along with Mladic, was one of the most wanted ICTY indictees.
Despite local and international efforts to prosecute war crimes,
many of the lower-level perpetrators of killings and other abuses
remained unpunished. These included those responsible for the
approximately 8,000 persons killed in the genocide that took place
after the fall of Srebrenica and those responsible for approximately
13,000 to 15,000 other persons who were missing and presumed killed.
In July, the State Court found seven of 11 defendants guilty of
genocide in the killing of more than 1,000 Bosniak men and boys at the
Kravice Farming Warehouse Cooperative. This was the first time that a
domestic court had reached a genocide verdict.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The law provides for an
independent and impartial judiciary in civil matters, and citizens
could file civil suits seeking remedies for human rights violations. On
December 4, the parliament completed the process of naming the members
of the state-level Office of the Ombudsman. Jasminka Dzumhur (Bosniak),
Ivo Bradvica (Croat), and Ljubomir Sandic (Serb), were appointed as
ombudsmen with six-year mandates. With the completion of the
appointment process, entity ombudsman institutions are required to
entirely cease to exist within a month. However, at year's end, the
State Ombudsman institution had still not been fully constituted, as
the National Assembly of Republika Srpska had not yet adopted the Law
on Cessation of Existence of the RS Ombudsman Institution and Transfer
of Competencies to State Ombudsman. When the unified State Ombudsman is
fully empowered individuals will be able to seek assistance from a
single, national human rights ombudsman to hear and provide
recommendations on cases of human rights violations. These
recommendations, however, will not be binding.
Property Restitution.--The country's four traditional religious
communities had extensive claims for restitution of property that the
communist government of the former Yugoslavia nationalized after World
War II. The State Law on Religious Freedom provides religious
communities the right to restitution of expropriated property ``in
accordance with the law.'' In the absence of state legislation
specifically governing restitution, return of former religious
properties continued on an ad hoc basis at the discretion of municipal
officials; these officials usually only completed such restitution in
favor of the majority group in that particular state.
On August 1, the Mostar city council temporarily returned six
buildings to the Serb Orthodox Church that the Government confiscated
after World War II.
On August 14, workers began removing the church bells from an
Orthodox church in Divic near Zvornik and transferred them to a newly-
constructed church in Mladjevac. Serb Orthodox parishioners built the
Divic church on the location of a mosque that was destroyed in 1992.
The Islamic community and Serb Orthodox Church agreed to the transfer
of the church.
Many officials used property restitution cases as a tool of
political patronage, rendering religious leaders dependent on
politicians to regain property taken from religious communities. Other
unresolved restitution claims were politically and legally complicated.
For example, the Serbian Orthodox Church continued to seek the return
of the building that housed the University of Sarajevo's Faculty of
Economic Sciences. The Jewish and Muslim communities also asserted
historic claims to many commercial and residential properties in
Sarajevo. The Catholic community maintained a large number of similar
claims in Banja Luka. Interested parties complained of additional and
at times politically motivated parliamentary delays in legal reforms to
property restitution.
Roma displaced during the war 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. The lack of documentation also prevented them from
applying for reconstruction assistance.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. However, some RS-
based journalists complained of telephone tapping and increased
government surveillance.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, the Government did not always respect
press freedom in practice. Laws delegated safeguarding freedom of the
press to the cantons in the Federation and to the entity-level
authorities in the RS. Defamation laws exist at the entity level, and
freedom of information legislation exists at both the entity and state
levels.
There are provisions against hate speech in the Federation criminal
code, but not in the RS criminal code. The broadcasting code of
practice also regulates hate speech by broadcasters. The Communications
Regulatory Agency (CRA), charged with implementing the code, did not
register any cases of hate speech during the year. However, independent
analysts noted that hate speech is reemerging and many media outlets
use language, often nationalistic, considered provocative or incendiary
on matters related to ethnicity, religion, sexual orientation, and
political affiliation. The Press Council received 63 complaints
concerning print media, of which 13 complaints were rejected and 10
were accepted. In some cases the Press Council instructed media outlets
to publish a refutation or a retraction; mediation or self-regulation
resolved 17 cases. Most of the accepted complaints referred to the
absence of the right to denial.
Government respect for freedom of speech and the press declined
during the year; some prominent individuals who criticized the
Government were the target of government reprisals.
Political pressures on state-level media institutions continued.
Both Bosnia-Herzegovina Radio Television (BHRT) and the CRA were
exposed to frequent political attacks, particularly by RS officials,
often alleging a lack of impartiality. In the case of the BHRT, the
attacks appeared aimed at undermining the state-level public
broadcasters and building support for devolving media competencies from
the state to the entity level. Other public broadcasters remained
vulnerable to political influence as well. Two public broadcasters,
Federation Television (FTV) and Radio Television of Republika Srpska
(RTRS), remained the largest television broadcasters in the country.
RTRS reported predominantly pro-RS ruling party views.
During the year the Council of Ministers continued to block the
independent selection process of a general manager for the CRA for over
a year and attempted to influence the selection of a candidate. The
selection had not been made by year's end. Press freedom advocates also
noted that pressures on the CRA included political challenges to the
agency's scope of authority, as well as its financial independence.
Many independent, privately owned newspapers were available and
expressed a wide variety of views. Several printing houses operated in
the country. Dnevni Avaz, whose editorial policy strongly reflected
Bosniak interests, remained the largest circulation daily, followed by
Banja Luka based daily Nezavisne Novine, a paper reflecting the views
of the RS ruling Alliance of Social Democrats party. A number of
independent print media outlets continued to encounter financial
problems that endangered their operation. The few remaining independent
media outlets in the RS continued to report government interference
with their operations.
A local commercial network of five stations operated in both
entities (Mreza Plus), as did the private television networks OBN and
PinkBH. Dozens of small independent television stations broadcast
throughout the country. Radio continued to provide a forum for diverse
points of view. In many cases, news programs of independent
broadcasters reflected opposition perspectives.
The vast majority of RS media outlets showed a distinct pro-RS
government bias. Federation media outlets also exhibited political bias
along ethnic lines, with some clearly taking positions in support of
specific political parties.
The number of threats against journalists dramatically increased.
During the year the Free Media Help Line (a part of the Bosnian
Journalists Association) registered 54 cases involving violations of
journalists' rights and freedoms and pressure from government and law
enforcement officials. There were 17 cases of pressure on and threats
to journalists, 13 physical assaults on journalists, and one case of
denied access to information.
In some instances, officials subjected media outlets to overt
pressure, such as threatening them with loss of advertising or placing
limits on their access to official information. Politicians and
government officials also pressured the media by accusing them of
opposing the interests of a given ethnic group or betraying the
interests of their own ethnic group. Some RS-based journalists
complained of telephone tapping, increased government surveillance,
actual or threatened lawsuits, repeated visits from tax authorities and
revocation of credit or loans.
On February 26, an RS police officer physically attacked OBN
television cameraman Ninoslav Danojlic while intervening during violent
protests in Banja Luka following the proclamation of the Kosovo
independence. The RS Association of Young Journalists immediately
criticized the attack. RS Minister of Interior Stanislav Cadjo and RS
Police Director Uros Pena met with the representatives of the RS
Association of Young Journalists and publicly apologized for the
incident. The police officer involved in the incident also apologized
to the cameraman, who accepted his apology. No other disciplinary
action was taken.
From December 2007 through August of this year, RS Prime Minister
Dodik filed 16 lawsuits against FTV as a private citizen, most of which
are against the editor-in-chief of FTV's political program ``60
Minutes,'' Bakir Hadziomerovic, and FTV's Banja Luka correspondent,
Slobodan Vaskovic because of Vaskovic's reports on ``60 Minutes''
accusing Dodik of crime and corruption. On July 14, one of the lawsuits
was rejected by the Sarajevo Municipal Court on the grounds that Dodik
was a high-ranking public official who should tolerate a higher level
of public criticism than private citizens.
On March 5, the CRA rejected Dodik's complaint against FTV and ``60
Minutes'' alleging unprofessional and biased reporting.
On April 24, Dodik called for the initiation of a bankruptcy and
liquidation procedure against BHRT, because, according to Dodik, State
spending on the station did not produce any results. The ombudsmen for
media, journalist's associations, the Organization for Security and
Cooperation in Europe (OSCE), the OHR, and other media freedom
advocates criticized this pressure exerted against the independent
media outlet. The BHRT continued to be vulnerable to political
pressures, largely as a result of the failure to establish a public
corporation for managing it as called for in the law that established
the BHRT.
In October, a state-level court overturned the September 15
decision by the steering board for BHRT to remove Director-General
Mehmed Agovic. The court issued a temporary decision advising that he
be returned to work. In the meantime, the steering board appointed an
acting general manager. Media freedom advocates expressed concern,
claiming that the steering board decision was politically motivated,
and noted procedural controversies. The country's ombudsman for human
rights stated that the board violated Agovic's human rights and
appealed to the BiH Ministry of Transportation and Communication to
assess the situation at BHRT. On December 3, the court accepted the
appeal of the steering board, returning the case to the starting point,
at which point the steering board appointed a new general manager.
However, the court issued a subsequent temporary decision December 26
overriding the appointment until the first instance court reached a
decision on the legality of the replacement. The case remained
unresolved at year's end.
On April 18, Party for Bosnia and Herzegovina (SBiH) delegate in
the state parliament Sadik Bahtic physically attacked an FTV crew,
preventing them from attending an SBiH press conference in Bihac.
Although the television footage showed the incident, Bahtic denied
there had been a physical attack, asserting that party officials had
not allowed the FTV reporters to attend the conference because of their
``ill-will directed towards that region and its development.'' The
Public Broadcasting Service Syndicate and the other journalists present
when the incident occurred, as well as the country's HCHR, Centers for
Civic Initiatives and 'Front' NGOs, and the Association of Journalists,
criticized the attack. SBiH stated Bahtic did not have the right to
prevent any journalist from attending the conference and subsequently
excluded Bahtic from the presidency body of SBiH, although he remained
a party member and delegate in the state parliament.
On June 21, police attacked Vecernji List journalist Frano Matic
and attempted to confiscate his camera while he took pictures of riots
and the intervention of the special police forces after the Croatia-
Turkey soccer match. The police slightly injured the journalist. The
Association of Bosnia and Herzegovina Journalists, the Association of
Croat Journalists in Bosnia and Herzegovina, and the ombudsman for
media criticized the attack.
On August 24, RTRS journalist Danijela Dodos from Prijedor received
an anonymous death threat by telephone. The caller told her to stop her
reports and investigations about the sale of property of the Prijedor-
based paper factory ``Celpak.'' Dodos reported the threat to Prijedor
police, who provided her protection and opened an investigation, which
was ongoing at year's end.
On November 18, the head of the Islamic community of BiH, Reis
Mustafa Ceric, publicly accused the editor-in-chief of independent
daily Oslobodjenje, Vildana Selimbegovic, of ``Islamophobia'' and anti-
Islamic behavior. Ceric further stated that media criticisms and
``efforts to behead'' the leadership of the Islamic community ``are
nothing but a continuation of a genocidal policy, the aim of which is
to wipe BiH Muslims off the face of the earth.'' The accusations came
as part of the reaction by Ceric to an Oslobodjenje interview and op-ed
that touched on projects undertaken by the Rijaset of the Islamic
community of BiH, which criticized Ceric by name. The Islamic community
issued a press release highly critical of Oslobodjenje, alleging anti-
Islamic bias and psychological instability of the editor. The press
release provoked very strong reactions from the Association of Bosnia
and Herzegovina Journalists and was widely seen as an attempt by Ceric
to exert pressure against any members of the media critical of his
administration.
On December 4, two hand grenades were thrown at the Hayat
television station building in Sarajevo. The BiH Association of
Electronic Media expressed concern regarding the attack on a media
outlet. The attack was condemned by the Sarajevo Canton Government, BiH
Communications Regulatory Agency, as well as many BiH politicians.
Results of the Sarajevo Canton Ministry of the Interior investigation
were pending at year's end.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. The
International Telecommunications Union estimates that 27 percent of the
population used the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events; however, ethnic
favoritism and politicization of faculty appointments constrained
academic freedom. In Sarajevo, Serbs and Croats complained that
Bosniaks received preferential treatment in appointments and promotions
at the University of Sarajevo. The University of Banja Luka continued
to limit faculty appointments almost exclusively to Serbs. The
University of Mostar remained divided into two separate universities,
reflecting the continued ethnic divide in the city. Parochial interests
influence the remaining five 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, with certain exceptions, generally
respected this right in practice. A wide range of social, cultural, and
political organizations functioned without interference.
The law allows NGOs to register freely at the Ministry of Civil
Affairs and Communications and therefore to operate anywhere in the
country; however, some NGOs and NGO associations experienced
difficulties registering, including long delays and inconsistent
application of the law. Some NGOs, frustrated by bureaucratic delays at
the state level, chose instead to register their organizations at the
entity level in one or both entities. In April the Council of Ministers
signed a formal agreement on cooperation with NGOs that defined joint
principles and commitments of the Council of Ministers and the
nongovernmental sector. The agreement outlined the independence of the
nongovernmental sector, its financing, responsibilities, and means for
mutual consultation. The agreement also foresaw the creation of a
Council for Civil Society to oversee implementation of the agreement,
promote consistency within the Council of Ministers department for
NGOs, and facilitate communication between the Council of Ministers and
the nongovernmental sector.
On February 23, Dragomir Babic, a human rights activist in the RS,
sent an anonymous letter to the OHR detailing plans for a campaign by
RS officials against Transparency International (TI). Babic came
forward as the letter's author following the temporary closure in July
of TI's Banja Luka office, and subsequently received anonymous death
threats. On May 22, TI published a report accusing RS government
officials of corruption in the handling of entity-level privatizations,
which according to TI resulted in a loss of 500 million convertible
marks (approximately $385 million dollars) for the entity budget.
Following the report, Prime Minister Dodik began a media campaign
against TI, and threatened to file suit against TI in State Court, but
had not done so by year's end.
On July 23, an individual threatened Branko Todorovic, the
president of the RS HCHR and a prominent human rights defender, and his
family by telephone. The threat was one of several that Todorovic
reportedly received during the year. Police opened an investigation and
provided protection to Todorovic and his family.
c. Freedom of Religion.--The law provides for freedom of religion;
however, societal abuses and discrimination based on religious belief
restricted the ability of adherents of minority religions to worship as
they pleased.
In some cases, entity and local governments and police forces
allowed or encouraged an atmosphere in which abuses of religious
freedom could take place. As in 2007 minor attacks on religious objects
and religious officials occurred frequently, but a systematic
obstruction of religious freedom in several high-profile cases
remained. The reluctance of police and prosecutors to investigate and
prosecute crimes against religious minorities aggressively remained a
major obstacle to safeguarding the rights of religious minorities.
The law requires religious communities to register with the
Ministry of Justice; any religious group can register if it has at
least 300 adult members who are citizens. Local congregations of the
four major religious communities (Muslim, Serbian Orthodox, Jewish, and
Catholic) registered, as did congregations of several smaller Christian
denominations, including Baptist, evangelical Christian, and Jehovah's
Witnesses, although some Baptist communities encountered problems with
registration.
The State Law on Religious Freedom guarantees the right of every
citizen to religious education. The law calls for an official
representative of the various religious communities to teach religious
studies in all public and private schools. However, authorities did not
always fully implement the law, particularly in segregated school
systems or where there was political resistance from nationalist party
officials at the municipal level. Schools often offered religious
instruction only in the municipality's majority religion. Authorities
sometimes pressured parents to consent to religious instruction for
their children. In some cases, peers and teachers pressured and
discriminated against children who chose not to attend religion
classes.
Some minority religious communities alleged discriminatory hiring
practices for teachers of religion, with teachers from a religious
majority in a given municipality getting salaried positions with
benefits, while other religious teachers were paid a lower amount on an
hourly basis only.
Societal Abuses and Discrimination.--Individuals reported
ethnically motivated religious violence in many municipalities.
Perpetrators directed violence at ethnic symbols, clerics, and
religious buildings. Civil society representatives noted that political
leaders tended to condemn these incidents only in cases where members
of their own ethnic group were victims.
On March 30, according to press reports, unknown individuals wrote
offensive anti-Muslim graffiti on Mostar's Bulevar buildings. The next
day, citizens reported similar graffiti on Bosniak houses in the nearby
returnees settlement of Podhum, and that unknown individuals drowned a
pig in a local mosque. The Herzegovina-Neretva Canton's Ministry of
Interior spokesman said they notified the police about the graffiti.
On June 23, unidentified persons reportedly wrote graffiti
including the name of former Serb force commander and accused war
criminal Ratko Mladic on the Salihbegoviceva Mosque in Bijeljina, which
was under construction.
On August 21, two Serb Orthodox priests from Sase, near Srebrenica,
told RS press that Bosniak returnees attacked them. Father Metodije and
Father Grigorije stated that the attackers cursed them and blamed them
for deaths of Bosniaks. The priests reported the attack to Srebrenica
police.
On September 7, unknown persons seriously damaged the Sefer Bey
Mosque in Banja Luka. Local press reported broken windows and damage to
the wall of the mosque. Authorities suspected that the same persons
tore down the fence surrounding the Arnaudija Mosque. An investigation
into the incident was ongoing at year's end.
On December 7, the eve of the Islamic Holiday Eid al-Adha (or
Kurban Bayram), fire destroyed a mosque in the village of Fazlagica
Kula, in Gacko municipality. RS police based in Trebinje conducted an
investigation, which concluded that the fire was caused by improper
electrical wiring wrapped around wooden rafters. Separately, the
country's Islamic Community conducted its own investigation, claiming
arson was the cause of the blaze. Other experts noted that the Islamic
community's investigator did not examine key pieces of forensic
evidence (including the suspect wiring), and questioned the conclusion
of arson. Both Serb and Bosniak politicians expressed regret regarding
the fire, and the RS government promised to provide funding for the
mosque's renovation. The investigation remained open at year's end.
There were a number of controversial and highly politicized cases
involving the illegal construction of religious buildings or monuments
on private or government owned land. In these cases the buildings or
monuments were built to send a political message to religious
minorities about the dominance of the majority group in that area,
creating tensions and impeding the process of reconciliation.
There were no reports of anti-Semitic acts against the country's
Jewish community, which is estimated to be less than 1,000 people.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration and
repatriation, and the Government generally respected these rights;
however, some limits remained in practice. The Government cooperated
with the Office of the UN High Commissioner for Refugees (UNHCR) and
other humanitarian organizations in providing protection and assistance
to internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Internally Displaced Persons (IDPs).--The return of persons
displaced by the 1991-95 wars remained stagnant during the year,
continuing a steady decrease in annual returns. According to the UNHCR,
1,681 persons (of whom 1,564 were minority returnees) returned during
the year. Government officials and some NGOs, however, believed that
the total number of returns was lower, since the UNHCR determines
returns based on property restitution rather than physical presence.
According to the Ministry of Human Rights and Refugees, there were an
estimated 124,593 registered displaced persons in the country still
seeking return to their pre-war places of residence.
The difficult economic situation in the country remained the most
significant factor inhibiting returns, with many rural areas
experiencing official unemployment rates above 40 percent. When jobs
were available, minority returnees often complained of discrimination
in hiring. In returnee areas throughout the country, the percentage of
minorities holding municipal employment was neither representative of
current populations, nor consistent with legally mandated percentages
based on the 1991 census, indicating local government failures to
implement and enforce the provisions of the Law on Self Administration.
A hostile return environment remained in some places. During the
year observers noted a trend of attacks directed against symbols of
minority groups, rather than attacks against individuals. Many
returnees cited authorities' failure to apprehend war criminals as a
disincentive to return. Many displaced persons created permanent lives
away from their prewar homes, and only individuals with few other
options (including a large number of elderly pensioners) tended to
return.
Other factors inhibiting returns included a lack of access to
social benefits, including healthcare, education, and pension benefits.
A lack of available housing and high municipal administration taxes on
documents that were necessary for return, such as birth or land
certificates, also affected the number of returns. Minority returnees
often faced intimidation, discrimination, obstructionism in their
access to education, health care, and pension benefits, and poor
infrastructure.
In the RS, the Ministry for Refugees and Displaced Persons provided
support to Bosniaks and Croats returning to the RS and to Bosnian Serbs
returning to the Federation. The Federation Ministry for Refugees
assisted Croats and Serbs returning to the Federation, and Bosniaks and
Croats returning to the RS. Both entity-level refugee ministries
provided limited reconstruction assistance to returnees and also
committed part of their budgets toward joint projects that the State
Commission for Refugees determined.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees.
In practice, the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened.
During the year, the Government did not grant temporary protection
to any persons considered not to qualify as refugees under the 1951
convention and the 1967 protocol.
Asylum seekers with pending claims, regardless of national origin,
may remain in asylum centers until their claims are adjudicated, which
is normally three months, though in some cases longer. If the decision
is negative, the asylum seekers have the right to file a complaint, on
which the court is required to render a final decision within two
months. During this time an asylum seeker maintains the right to remain
in the asylum center. Asylum seekers present in the country have the
right to education and legal redress for human rights complaints.
However, they do not have the right to employment. If their asylum
application is approved, they then are eligible for employment.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully.
Elections and Political Participation.--OSCE observers concluded
that the 2006 general elections had been conducted largely in line with
international standards but noted problems, including the inability of
numerous voters to find their names on voter registers, authorities
directing voters to incorrect polling stations because of changes in
the registration process, group voting, irregularities in the counting
process, and a few cases of voter intimidation. International observers
also declared that the 2006 RS special elections to replace RS
President Milan Jelic, who died in office, were free and fair.
Authorities conducted the October 5 municipal elections in an
orderly manner with local election commissions or independent observers
reporting only minor irregularities at polling stations to the state-
level Central Election Commission. Turnout was generally lower in
larger cities and higher in a few hotly contested rural areas.
On September 29, RS special police units in Doboj arrested the
Director of the Center for Social Welfare and 16 SDS activists on
suspicion of buying votes ahead of the October 5 elections. The group
was released pending trial. The case is currently before the Basic
Court in Doboj.
Political parties generally operated without restriction or outside
influence. While political parties did not compel individuals to become
members, many viewed membership in the leading party of any given area
as the surest way of obtaining and retaining jobs in government owned
companies and especially positions on steering boards of profitable,
public companies including the electric, telecom, and media industries.
Nevertheless, the ruling party did not exclude opposition parties from
participation in political life. Membership in large, well-funded
parties conferred formal advantages, as party members often excluded
nonparty members from appointment to many key government positions.
Individuals and parties representing a wide spectrum of political
views could freely declare their candidacies and run for election.
Under a 2000 ruling by the country's Constitutional Court, constituent
people (Serbs, Croats, and Bosniaks) and ``others'' must be adequately
represented in entity, cantonal, and municipal government institutions.
This representation was to be based on the 1991 census until the
returns process (as described in Annex Seven of the Dayton Accords) is
completed. However, this decision has not been respected in practice.
Separate from the three constituent peoples, there were 16 recognized
national minority groups.
Nationalist rhetoric dominated political exchanges. Bosniak
nationalist politicians called for the abolition of the RS and the
removal of Srebrenica from the RS. Serb politicians threatened to call
a referendum in the RS to secede from the state, and regularly made
statements, often deliberately inaccurate, designed to delegitimize and
undermine the state. Croat politicians called for the establishment of
a third majority-Croat entity.
The election law requires that at least 30 percent of political
party candidates be women. At year's end seven of 57 members of the
Parliamentary Assembly 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 22 leadership
positions in the Federation and two of 22 leadership positions in the
RS.
Minorities remained severely underrepresented in government. There
were no members of a minority group in the Parliamentary Assembly and
one minority member in the Council of Ministers. Representatives of the
Jewish and Romani communities filed lawsuits before the ECHR because of
a provision in the constitution that precludes ``others'' (i.e. those
outside the three ethnic constituencies) from becoming president. A
Bosniak from Srebrenica also filed a lawsuit at the ECHR because the RS
constitution precludes non-Serbs from running for RS president.
Government Corruption and 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. There is no government agency with a
mandate to combat government corruption.
While the law prohibits citizens from holding positions of public
responsibility if they have pending criminal indictments against them,
this prohibition was not always observed in practice.
On June 3, the appellate division of the State Court returned the
retrial of Dragan Covic to a cantonal court for processing. The State
Court convicted Covic in 2006 of one count of abuse of office and
sentenced him to five years in prison in connection with a bribery case
involving former president Mato Tadic.
In June, the State Court found Mladen Ivanic, president of the
Party for Democratic Progress and a House of Peoples delegate, guilty
of misuse of public funds when he was RS prime minister from 2000-02.
The court sentenced him to 18 months in prison. An appeal was pending
at year's end.
During the year corruption watchdog TI maintained its allegation
that Prime Minister Dodik misappropriated public funds and pocketed
revenue from the privatization of several formerly state-owned
enterprises. Dodik claimed in press interviews that TI was engaging in
blackmail and racketeering. TI charged that Dodik's allegations were
attempts at retaliation and complained that state-level judicial
institutions failed to investigate the case against Dodik.
Candidates for certain public offices, including parliamentarians
at the state and entity levels, and members of the Council of Ministers
and entity governments, are subject to financial disclosure laws. The
Central Election Commission is responsible for ensuring compliance with
these laws.
Although the law provides for citizen access to government records,
many government agencies did not comply with the law. According to the
law, the Government must provide an explanation for any denial of
access, and citizens may appeal denials in the court system or to the
ombudsman's offices. In practice the Government sometimes failed to
provide the required explanation for denial of access; however, if
citizens appealed to the ombudsman, the courts, or legal aid, the
Government generally provided an explanation. Public awareness of the
law remained low.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
and NGOs generally operated without government restriction,
investigating and publishing their findings on human rights cases. For
example, the BiH HCHR and the RS HCHR continued to actively report on a
wide range of human rights abuses. However, government officials were
often inefficient and slow to respond to their recommendations.
The Government cooperated fully with international organizations
such as OHR, which has special powers over the Government, as well as
other international organizations, such as the ICRC and the OSCE.
Citizens' remedies for human rights violations included filing
civil suits or seeking assistance from the Office of the Ombudsman.
However, the ombudsman's recommendations were not binding. The law
establishes a single state-level ombudsman institution composed of
three members representing the country's three constituent groups.
Political appointments to the new ombudsman institution were confirmed
on December 4, having been significantly delayed by political
maneuvering.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or other social status; however, the Government did not
enforce the law effectively. Discrimination against minorities, women,
sexual minorities, persons with disabilities, and others was pervasive.
Women.--Rape and spousal rape are illegal; the maximum penalty for
either crime is 15 years' imprisonment. A sense of shame reportedly
prevented some rape victims from complaining to authorities. While
police generally responded to reports of sexual assault, they tended
not to treat reports of spousal rape with the same seriousness.
Violence against women, including domestic violence and sexual
assault, remained a widespread and underreported problem. According to
general NGO estimates, one out of every three Bosnian women was a
victim of domestic violence. Both the Federation and RS have adopted
laws on domestic violence that require police to remove the offender
from the family home. Experts estimated that only one in 10 victims of
domestic violence reported the crime to police. As of October, the RS
domestic violence hotline received 668 reports of domestic violence.
Police received specialized training in handling cases of domestic
violence, and there were four hotlines operating in the Federation and
the RS that provided assistance and counseling to domestic violence
victims. There were shelters in Mostar, Tuzla, Banja Luka, Sarajevo,
Bihac, Zenica, and Modrica to assist victims of domestic violence.
Prostitution is illegal. The law treats procuring as a major crime,
but prostitution and solicitation are misdemeanors punishable by a fine
only. Police raids on bars and brothels drove prostitution further
underground, and prostitution frequently occurred in private apartments
or on an outcall basis. Single mothers, minorities, or other vulnerable
women, particularly from economically depressed rural areas, were at
higher risk of being recruited for sexual exploitation.
The law prohibits sexual harassment, but it was a serious problem
that was poorly understood by the general population. Many women
surveyed by NGOs reported experiencing sexual harassment in their
workplaces. Pornography in the workplace was common. Victims almost
never filed complaints, largely because they did not recognize their
experiences as harassment and were not aware of their legal rights.
The law prohibits gender-based discrimination. Women have equal
legal status to men in family law and property law, and authorities
treated women equally in practice throughout the judicial system. The
Government's Agency for Gender Equality worked to inform women of their
legal rights. The Federation, RS, and state-level parliaments had
committees for gender equality.
Women served as judges, doctors, and professors, although few women
held positions of substantial economic or political power. Authorities
documented a small but increasing number of gender-related
discrimination cases. Anecdotal accounts indicated that women and men
generally received equal pay for equal work at government owned
enterprises but not always at private businesses. The differential in
unemloyment rates within the Federation (the only available data) was
23.1 percent for men and 28.3 percent for women. Women in all parts of
the country had problems with nonpayment of maternity leave allowances
and the unwarranted dismissal of pregnant women and new mothers. Many
job announcements openly advertised discriminatory criteria, such as
age and physical appearance, for female applicants. Women remained
underrepresented in law enforcement agencies, although there was
continued progress.
Children.--The Governments of both entities were generally
committed to the rights and welfare of children; however, social
services for children were extremely limited. The Ministry of Human
Rights and Refugees had a role in enforcing children's rights. Children
with disabilities lacked sufficient medical care and educational
opportunities.
According to some estimates, the Government failed to register the
births of approximately 6,000 children in the country, most of whom
were believed to be Roma. This results in significant obstacles for
these children to access government services, in particular social,
educational, and health benefits.
While education is free and compulsory through age 15, schools
required parents to pay for textbooks, lunches, and transportation,
which some families could not afford, causing some children to drop out
of school. A lack of reliable monitoring and statistics on enrollment
and dropout rates hindered efforts to ensure that school-age children
received an education. The law requires children with special needs to
attend regular classes, but schools were often unable to accommodate
them.
According to the country's Roma Council, less than 35 percent of
Romani children attended school regularly. Many Romani children were
unable to attend school because of extremely poor living conditions,
lack of proper clothing, and the inability or unwillingness of families
to pay school-related expenses. Authorities provided textbooks, meal
allowances, and transportation allowances for Romani children. Verbal
harassment from other students, language problems, and registration
costs and requirements also contributed to the exclusion of Roma from
schools, despite the desire of many parents to enroll their children.
Authorities failed to provide textbooks that included topics related to
Romani culture and history.
Students in minority areas frequently faced a hostile environment.
Obstruction by nationalist politicians and government officials slowed
efforts to abolish school segregation and enact other reforms.
Federation cantonal governments and the Ministry of Education in the RS
pressured school directors at the primary and secondary level, and
several schools were directed by hard-line political figures.
Laws which provided for administrative and legal unification of the
52 cases of ``two schools under one roof,'' with separate classes for
Bosnian Croats and Bosniaks, did not lead to integrated classrooms,
although shared extracurricular activities, school entrances and
recreation facilities sometimes resulted. In some areas of the country,
notably Vitez in central Bosnia and Prozor-Rama and Stolac in
Herzegovina, local officials and parents sought to establish complete
physical segregation of Bosniak and Croat students. Many schools
effectively entrenched segregation and discrimination. In the RS, non-
Serbs made up less than 5 percent of the teaching staff in primary and
secondary schools. In the Federation, minority teachers made up between
5 and 8 percent of all teachers, depending on the canton. Children in
primary and secondary schools studied from what some NGOs described as
``divergent, ethnically-specific curricula,'' including ethnically
homogenous classes and books on geography and history that offered
alternate explanations of ethnicity, religion, and national borders.
In the Stolac secondary school, the director refused to sign 160
diplomas for Bosniak graduates of the school, claiming the Bosniak
section of the school was not administratively part of the school,
despite his having signed several previous years' diplomas for
Bosniaks. This action hindered the onward enrollment of the Bosniak
students and required intervention at the highest political levels in
the country to resolve.
Family violence against children was a problem. Police investigated
and prosecuted individual cases of child abuse. While there were no
statistics available on the extent of the problem, some NGOs estimated
that one in four families experienced some form of domestic violence.
Municipal centers for social work were responsible for protecting
children's rights, but often lacked resources and alternative housing
for children who ran away from home to escape abuse or those children
whom they needed to remove from abusive homes.
Trafficking in children for sexual exploitation and sometimes
begging was a problem. Child begging was common among Romani
communities; including infants (with adults), and cases in which Romani
parents sent children as young as four out to beg on street corners,
often begging 10 or more hours per day in all weather conditions.
In certain Romani communities, girls married between the ages of 12
and 14. Apart from efforts to increase Romani participation in
education, there were no programs aimed specifically at reducing the
incidence of child marriage.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, individuals and organized crime syndicates
trafficked women and children for sexual exploitation, and sometimes
children and adults, particularly from the Romani community, for
begging and labor. There were reports that public officials were
involved in trafficking.
The country was primarily a country of origin for women and girls
trafficked domestically for sexual exploitation, and, to a lesser
extent, a destination and transit point for foreign trafficking. More
than half of all documented trafficking victims were minors.
Authorities observed a continuing trend of victims primarily being
trafficked domestically during the year, far surpassing the number of
foreign victims. During the year there were cases of Romani children
trafficked to and within the country for forced labor or begging.
During the year trafficking modalities continued to change. Due to
effective legal mechanisms and vigorous actions to combat trafficking,
the number of identified victims continued to decline, according to NGO
and state-level contacts. Trafficking remained underground, often in
private apartments, motels, and gas stations. There were no reliable
estimates on the number of victims trafficked during the year; police
raids forced trafficking further underground, increasing the difficulty
of estimating the scope of the problem. During the year the Office of
the State Anti-trafficking Coordinator registered 29 new trafficking
victims through its referral mechanism.
The majority of women trafficked to the country came from Serbia or
other East European countries. While no reliable estimates were
available, individuals and organized crime syndicates may have
trafficked a number on to Western Europe. Most trafficked women entered
the country through Serbia or Montenegro. Those who transited the
country generally continued on via Croatia. Authorities also found
Bosnian victims in other parts of Europe. During the year four
trafficking victims were repatriated to the country through
international referral mechanisms. Traffickers came from a variety of
backgrounds, including freelance operators and local organized crime
networks.
Traffickers coerced victims to remain in these situations through
intimidation, verbal threats, seizure of passports, withholding of food
and medical care, and physical and sexual assault.
Under the law trafficking is a state-level crime that carries a
sentence of up to 10 years in prison. During the year, four cases
involving trafficking offenses were prosecuted at the state level, and
a number at the entity and cantonal level. The Ministry of Security is
responsible for coordinating anti-trafficking law enforcement at all
levels of government, but it was understaffed and lacked the capacity
to comprehensively manage anti-trafficking activities.
The state prosecutor's office has exclusive jurisdiction over
trafficking cases and can decide which cases to prosecute at the state
level. The state anti-trafficking coordinator, whose mandate included
coordination of victim protection efforts among NGOs, police, and
government institutions, as well as law enforcement, reported directly
to the Ministry of Security. The chief state prosecutor chaired a
nationwide interagency investigative anti-trafficking strike force that
included prosecutors, police, and financial investigators.
If screening established that a person was a trafficking victim,
authorities did not prosecute that person for immigration or
prostitution violations. In most cases, authorities voluntarily
repatriated foreign victims. Authorities often deported and
occasionally prosecuted for immigration and other violations persons
that law enforcement determined were not trafficking victims.
There continued to be reports of police and other official
involvement in trafficking, particularly at the local level. Victims'
groups alleged that, because of strong local networks, local police
often willfully ignored or actively protected consumers or perpetrators
of trafficking activity, often accepting bribes in return. To date
there have been only a few documented cases of official involvement in
trafficking, and no official indictments have been made.
On May 28, the Center for Public Security in Banja Luka arrested
five persons in Banja Luka, Srbac, and Laktasi for trafficking,
prostitution, and sexual violence of a juvenile female. The police
turned the individuals over to the district prosecutor's office in
Banja Luka. The main defendant was charged with the criminal act of
human trafficking, while the remaining four were charged with sexual
abuse of a minor. A Banja Luka court issued a first instance verdict to
the main defendant, sentencing him to 18 months of imprisonment; the
second defendant received 12 months, the third and fourth received six
months, and the fifth defendant received three months of imprisonment.
In an unrelated case, on June 12, the Banja Luka Center for Public
Security arrested four persons for trafficking for prostitution and
sexual abuse of a minor. The main defendant in this case is charged
with the criminal act of human trafficking, while three remaining
defendants were charged for sexual abuse of a minor. The trial was
ongoing at year's end.
The trial of the nine individuals that authorities arrested in
December 2007 for trafficking three juvenile girls in the RS
municipality of Derventa was ongoing at year's end.
During the year authorities distributed an antitrafficking manual
to teachers for use in the curriculum of all the country's schools.
Authorities also continued their efforts to assist victims by working
with local NGOs to support shelters and other services and by
conducting extensive training for police, prosecutors, judges,
teachers, and social workers.
The country has a set of rules that provide a binding standard of
protection for domestic trafficking victims and standard operating
procedures for the prevention, identification, protection, and
assistance of victims and witnesses who are citizens. In practice,
variation in laws related to trafficking victims at different levels of
government often caused complications and lack of clarity in the
implementation of these rules.
The Government has a formal victim referral mechanism and memoranda
of understanding with six NGOs that ran shelters for trafficking
victims. NGOs operated safe houses in Sarajevo, Zenica, Mostar, Doboj,
Modrica, Bihac, and Bijeljina. At the shelters, victims received
medical care, psychological counseling, legal assistance, repatriation
assistance, and limited vocational training. Police effectively
provided protection for the shelters.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law in both entities prohibits
discrimination against persons with disabilities; however, there was
discrimination against persons with disabilities in employment,
education, access to health care and other state services.
In the Federation, the law mandates that all existing public
buildings be retrofitted to provide access to persons with disabilities
by November 2007 and that new buildings must also be accessible. This
deadline passed without full implementation, and buildings were rarely
accessible to persons with disabilities. The RS had comparable laws for
public access, and progress on retrofitting older public buildings
remained slow.
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 1991-95 wars were given a privileged status above civilian
war victims and persons who were born with disabilities. Many
individuals with disabilities lived in institutions, although a growing
number of programs for children with disabilities were available in
schools. One NGO estimated that 30 percent of persons with disabilities
residing in institutions were capable of independent living if housing
and resources were available.
National/Racial/Ethnic Minorities.--Ethnic differences remained a
powerful force in the country, although mixed communities existed
peacefully in a number of areas.
Attacks on ethnic and religious objects continued during the year.
Police conducted investigations and sometimes charged perpetrators of
ethnically motivated hate crimes, but often blamed the attacks on
radicals, intoxicated or mentally unstable individuals, or rowdy youth
without additional investigation. Harassment and discrimination against
minorities continued throughout the country, often centering on
property disputes. These problems most often included desecration of
graves, graffiti, arson, damage to houses of worship, verbal
harassment, dismissal from work, threats, and assaults.
Ethnic discrimination in employment and education remained key
problems. Employers did not reverse widespread firing of ethnic
minorities during and after the war in most cases, and employers often
hired members of the local ethnic majority over minorities. Widespread
ethnic discrimination in employment and failure on the part of state-
level and entity-level officials to prevent such discrimination
continued. Many smaller enterprises were sold to politically connected
individuals, usually members of the majority group in their
communities. These enterprises generally did not employ minorities.
The Roma population, estimated at 40,000 to 80,000, faced serious
difficulties in exercising the full range of fundamental human rights
provided to them under the law. Access to employment, education, and
government services were particular problems. The BiH HCHR estimated
that only 1 percent of the working-age Romani population was employed
and indicated that employers usually downsized Roma first during a
reduction in force. Mainstream society often excluded many Roma from
public life because they lacked birth certificates, identification
cards, or a registered residence, which also prevented them from access
to health care, education or registering to vote. Only a small number
of adult Roma were officially employed, and Roma lacked social support.
On September 4, the country signed the ``Decade of Roma Inclusion
2005-2015,'' a regional program meant to generate funding from both the
European Union and the national government for the improvement of
Romani education, employment, health, and housing. The Government
previously adopted and enacted action plans for participation in the
``decade'' through 2007-08.
Other Societal Abuses and Discrimination.--While the law prohibits
discrimination on the basis of sexual orientation, it was not enforced
in practice, and there was frequent societal discrimination against
gay, lesbian, bisexual, and transgender persons.
Gays and lesbians who were open about their orientation faced
frequent harassment and discrimination, including termination from
employment. In some cases, dismissal letters explicitly stated that
sexual orientation was the cause of termination, making it extremely
difficult for them to find another job.
On September 24-26, the Q Association organized the first ``Queer
Sarajevo Festival'' in Bosnia and Herzegovina. Announcement of the
festival met with harsh, often discriminatory commentary by Islamic
community leaders and some political party leaders. The NGO received
numerous threats; press coverage was generally negative and, in some
cases, discriminatory. Some organizations and businesses withdrew their
support of the festival, reportedly due to intimidation by religious
groups. On September 24, the night of the festival's opening, a group
of approximately 50 young men marched past the opening, chanting
obscenities and threats against festival participants. Immediately
following the opening of the festival, a group of several dozen youths
attacked and injured at least eight persons, including two journalists
and one police officer.
Government statistics put the number of officially-registered cases
of HIV/AIDS in the country at less than 200. The NGO XY-Association for
Sexual and Reproductive Health estimated that the actual number of
cases was approximately 600, while the UN Program on HIV/AIDS estimated
the number at less than 1,000. There was a significant stigma against
persons with HIV/AIDS, a general lack of awareness of HIV/AIDS, and
extremely limited resources to identify and assist those affected.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers in both
entities (except members of the military) to form and join independent
unions of their choice, which are registered in that entity, without
previous authorization or excessive requirements, and workers did so in
practice. The state-level government has yet to finalize the
registration of the Confederation of Independent Trade Unions of Bosnia
and Herzegovina, an umbrella organization of entity-level unions at the
state level. The problem, which has been ongoing since 2001, lies both
with the ineffective state-level government NGO registration system and
with the Federation branch of the Confederation Union, which has
demanded retroactive registration to recognize its 100-year history,
something no other union has received (or requested) when filing for
registration.
The law provides for the right to conduct union activities without
interference; however, authorities did not impose sanctions against
employers who obstructed worker organizing and activity. In the
prevailing atmosphere of high unemployment, many believed that worker
rights violations were considered 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 of private companies with dismissal if they joined a union.
There was at least one report of a dismissal of a trade union leader
following privatization of his employer.
The law provides for the right to strike, and workers exercised
this right in practice. The Law on Strikes, separate from the Labor
Law, establishes the regulations related to the right to strike, in
both entities. In the Federation, the current Law on Strikes is fairly
restrictive, with burdensome requirements the workers must fulfill in
order to conduct a strike. The new RS Law on Strikes, adopted November
5 by the RS Parliament, eliminates some bureaucratic hurdles necessary
to carry out a strike.
b. The Right to Organize and Bargain Collectively.--The right to
bargain collectively is provided by law in the RS and in a general
collective agreement in the Federation. However, collective bargaining
in both entities did not involve voluntary direct negotiation between a
union and individual employers, but rather work agreements between the
Government and workers in the public sector. In the Federation, there
were no collective bargaining agreements between private employers and
unions. In the RS, the general collective bargaining agreement applied
to all workers and was negotiated between unions, the Government, and
employers. This general agreement applied to private companies,
regardless of whether their workers were union members, and generally
covered issues of work hours, social contributions and the minimum
wage.
In the Federation, the law stipulates that if the court finds that
the employer's cancellation of the employment contract is unlawful, the
court can order reinstatement of the employee. Since union activity
discrimination is unlawful, this would result in reinstatement of the
employee.
The law prohibits discrimination by employers against union members
and organizers; however, means of protection against retaliation for
union activity were not strong and discrimination continued. In
practice, the Government does not impose fines on employers who prevent
workers from unionizing, a practice that was becoming more prevalent as
private sector businesses replace ex-Yugoslav state owned enterprises
that had a traditional union culture. Barriers to employees bringing
complaints against employers included high unemployment, a backlogged
court system, and the large number of unregistered workers in the gray
economy.
There are no special laws or exemptions from regular labor laws in
the country's four export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that individuals and organized crime syndicates trafficked
women and children for commercial sexual exploitation and sometimes for
begging and labor. Victims reported working in conditions akin to
slavery, with little or no financial support. In some cases,
traffickers provided victims with some funds, despite the otherwise-
coercive environment victims found themselves in.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Entity-level labor laws restrict child labor, and the entity
governments implemented these laws in practice. The minimum age for
employment of children in the Federation and in the RS is 15 years;
minors between the ages of 15 to 18 must provide a valid health
certificate in order to work. The law prohibits children from
performing hazardous labor. In the Federation, minors are prohibited
from ``night work,'' except in exceptional circumstances. Although
child labor was not generally a problem, children sometimes assisted
their families with farm work and odd jobs.
Trafficking in children for sexual exploitation and sometimes for
labor and begging was a problem.
Entity governments are responsible for enforcing child labor laws.
Neither entity had inspectors dedicated solely to child labor
inspections. Authorities investigated violations of child labor laws as
part of a general labor inspection. Both entities' labor inspectorates
reported that they had not found significant violations of child labor
laws in the workplace, although they did not conduct reviews of
children working on family farms.
e. Acceptable Conditions of Work.--The hourly minimum wage in the
Federation was 1.75 convertible marks (approximately $1.10) and in the
RS the monthly minimum wage was 250 convertible marks ($165); however,
neither provided a decent standard of living for a worker and family.
In early December the RS National Assembly approved an increase of the
minimum wage to 320 convertible marks ($212) effective January 1, 2009,
although this still does not provide an adequate standard of living for
a family. In the Federation, the minimum wage was established by a
joint commission that included representation of employers, workers,
and the Federation government. The commission meets annually to
determine the minimum wage, and increased the wage by 12 percent in
September.
Many workers had outstanding claims for back payment of salaries
and pensions. The law requires employers in both entities to make
substantial mandatory contributions to pension and health care funds;
as a result, to avoid paying high social welfare benefits, employers
often did not officially register their employees, leaving employees
without access to public health care and unable to officially transfer
to another employer. The employer obligation to the Government for
large social contributions led to an increase in black market
employment, as employers preferred employees that were ``off the
books'' to official salaried employees.
Many employers were behind, sometimes for years, in paying salaries
or providing health and pension benefits to employees of public works
and institutions.
The legal workweek in both entities 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. 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.
Authorities did not adequately enforce regulations related to
acceptable work conditions. While entity labor inspectorates made some
effort to enforce registration of employees, they limited most
inspections to conditions affecting the officially registered
workforce. Since the courts only served as recourse for complaints
involving registered workers, the RS labor inspectorate had to submit
fines and penalties for court approval; because of court backlogs, this
system was not effective, and many workers for practical purposes
worked without protections. The RS Law on Health and Safety holds
employers responsible for analyzing and improving working conditions.
The law provides workers the right to remove themselves from
situations that endanger their health or safety without jeopardy to
their employment; however, this right was not effectively enforced in
practice. Worker's rights extended to all official, i.e. registered,
workers, including migrant and temporary workers. According to informal
estimates, approximately one-quarter of the total work force is
unregistered.
__________
BULGARIA
The Republic of Bulgaria is a parliamentary democracy with a
population of approximately 7.6 million. Legislative authority is
vested in the unicameral National Assembly (Narodno Sabranie). The
country is ruled by a coalition government headed by a prime minister.
Presidential elections held in 2006 were deemed generally free and
fair. Municipal elections held in October 2007 were marred by reports
of unprecedented vote buying. While civilian authorities generally
maintained effective control of law enforcement organizations, there
were some instances in which law enforcement officers acted
independently.
The Government generally respected the human rights of its
citizens; however, there were problems in several areas. Problems
included police abuse, including beatings and other mistreatment of
pretrial detainees, prison inmates, and members of minorities; harsh
conditions in prisons and detention facilities; arbitrary arrest and
detention; and impunity. There were increasing limitations on freedom
of the press; discrimination against nontraditional religious
minorities; and widespread corruption in the executive, legislative,
and judicial branches of government. Other problems included violence
against women and children, substandard education for Romani children;
harsh conditions in state-run institutions for children; trafficking in
persons; discrimination against persons with disabilities; and
discrimination against minority groups.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings.
On October 2, following two appeals of earlier decisions, the Sofia
military court sentenced former Blagoevgrad head of police Miroslav
Pissov to 18 years' imprisonment and former officers Ivo Ivanov, Boris
Mehandzhijski, Georgi Kalinkov, and Yanko Grahovski each to 16 years
for beating to death Angel Dimitrov while arresting him in 2005.
b. Disappearance.--There were no reports of politically motivated
disappearances.
During the year there was an increase in ransom kidnappings
involving wealthy businessmen and their families. Observers criticized
the Government's inability to prevent or solve these cases. On May 22,
in one notorious case involving a soccer club manager, the manager's
wife was also kidnapped when she went to pay the ransom while under
police surveillance. The victims were subsequently released but the
perpetrators were not identified.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
police sometimes beat criminal suspects, particularly members of
minority groups.
Police can stop and detain persons for 24 hours without formally
charging them. Human rights observers noted a continuing decline in the
number of cases where police arrested suspects for minor offenses and
physically abused them to force confessions. However, there were
reports that this practice continued to be more widely used with Romani
suspects. Nongovernmental organizations (NGOs) reported complaints of
police brutality from Romani victims who were too intimidated to lodge
official complaints with authorities.
Human rights groups continued to claim that medical examinations in
cases of police abuse were not properly investigated and that offending
officers were very rarely punished.
Prison and Detention Center Conditions.--Prison conditions
generally did not meet international standards, and the Government did
not allocate funds to make significant improvements.
Conditions in some prisons remained harsh and included inadequate
toilet facilities and insufficient heating and ventilation. The daily
food allowance amounted to approximately 1.80 leva (approximately
$1.30). NGOs received complaints from prisoners about both the quality
and quantity of food.
Overcrowding remained a problem. At year's end there were 10,271
prisoners in the country's 13 prisons, a decrease compared to the
previous three years, but still estimated by the Ministry of Justice to
be three times the system's intended capacity. NGOs received complaints
from prisoners about insufficient space and considered this a major
factor contributing to brutality among inmates.
Guards' mistreatment of inmates continued to be a problem. There
were also increased reports of fights and mistreatment among the
inmates themselves. Citing financial constraints, prison authorities
acknowledged difficulties diagnosing and treating the increasing
numbers of drug dependent inmates and limiting their access to
narcotics. According to the Bulgarian Helsinki Committee (BHC) at least
three prisoners died in 2007 from overdoses. In 2007 the diagnosis of
27 prisoners with HIV/AIDS posed a new challenge to the prison
healthcare system.
During the year the European Court of Human Rights (ECHR) issued
decisions finding that the Government had violated the rights of
prisoners due to substandard prison conditions. In response to previous
rulings, the Government took some measures to improve detention center
conditions since 2005. On February 7, the ECHR ruled against the
Government in a 1999 case in which Stefan Kostadinov was held for five
months in a basement cell for 24 hours a day. Kostadinov had no
exposure to natural light and was unable to undertake physical
activity. On July 31, the ECHR again ruled against the Government in a
1998 case in which Sofia police held Vasil Petrov in a jail cell
overnight, with his hands handcuffed to a pipe above his head. During
his detention, police hit Petrov with a truncheon and kicked him.
Prisoners exercised the right to report substandard conditions to
the prison administration, the ombudsman and the court system. During
the year, prisoners filed more than 500 cases against the state with
the local courts, claiming poor condition and denied access to
essential rights. According to the prison authorities, prisoners
largely viewed the appeal as way to get out of the prison in order to
appear in court. Authorities alleged prisoners often made unjustified
complaints, such as to receive massages or personal television sets. In
response to the significant increase in the overall number of suits
filed by prisoners, the prison administration in Varna made premises
available for judges to hear the cases in the prison building.
At year's end there were 952 detainees in the country's 45 pretrial
detention centers. Despite some infrastructure improvements in several
centers, there were serious problems with sanitation.
Foreign prisoners were held in a separate prison building in Sofia
to provide easier access to consular services from diplomatic missions.
The Government generally permitted independent monitoring of prison
conditions by independent observers, and visits took place during the
year. On December 15-18, the Council of Europe's Committee for the
Prevention of Torture conducted an ad hoc visit to review the country's
progress on implementing the committee's previous recommendations,
focusing on treatment of persons detained by police, the situation of
foreign nationals in custody, and conditions of detention in
investigation detention facilities and prisons. BHC conducted periodic
visits during the year.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, there were reports
that police at times ignored these prohibitions.
Role of the Police and Security Apparatus.--The National
Intelligence Service and the National Protective Service, which are
directly subordinate to the president, continued to operate in the
absence of specific legislation that provided judicial, executive and
legislative oversight. Other law enforcement and national security
bodies launched reforms during the year.
In December 2007 parliament formed the new State Agency for
National Security (DANS) by combining a number of security services
previously overseen by individual ministries. DANS' primary mandate was
counterterrorism and counterintelligence, and it was also responsible
for fighting serious organized crime and high-level corruption. During
the year media and NGOs criticized DANS for the apparent politicization
of high-profile disputes in the agency that led to the dismissal and
resignation of several senior civil servants.
In April Interior Minister Rumen Petkov resigned under political
pressure after the leak of reports of his late 2006 meeting with
organized crime figures, allegedly to broker a peace deal between
warring gangs on the eve of the country's January 2007 accession to the
European Union (EU). Petkov's resignation prompted the Government to
overhaul the ministry, which is responsible for internal law
enforcement. Ongoing structural changes, successive scandals, and low
salaries significantly challenged the ministry's officers' morale,
leading police officers to engage in symbolic protests to show their
dissatisfaction.
During the year public confidence in the Interior Ministry remained
low and the Center for the Study of Democracy (CSD) reported that
almost 50 percent of crimes went unreported due to lack of trust in law
enforcement authorities. From 2006 to 2007, the ministry reported a
decrease in the number of crimes from 123,000 to 119,000. The CSD's
victimization surveys, however, indicated that the actual number of
crimes was six times greater than the ministry figures suggested. A
2006 survey reported that police failed to treat one in four persons
they stopped with professionalism and respect and that they
consistently treated members of ethnic minorities worse than members of
the ethnic majority.
Impunity remained a problem. The military court system adjudicated
all complaints involving Interior Ministry and military personnel. The
Sofia military appellate court is the court of final appeal for cases
involving interior ministry personnel. NGOs claimed that military
judges were vulnerable to executive branch influence, as the defense
minister technically had the power to confirm their appointment as well
as to promote and demote them in military rank; however, there were no
specific reports of outside pressure during the year. Public debate
continued over the need for separate court systems for Interior
Ministry and military personnel.
Arrest and Detention.--While the law does not always require
warrants for an arrest, police normally obtained them from a prosecutor
prior to apprehending an individual. If police release a detainee
within 24 hours without being charged, no judicial involvement in the
case is required. While investigators and police officers lack the
authority to detain an individual for over 24 hours, a prosecutor could
authorize detention for up to 72 hours without bringing charges.
Prosecutors could not arrest military personnel without the defense
minister's approval.
The law provides for bail, and bail was widely used.
Although the law provides for access to legal counsel from the time
of detention, lack of timely access to legal counsel remained a
problem. Poor knowledge of the law often resulted in police failure to
inform detainees of this right. The law provides state-funded legal aid
for low income defendants in criminal cases, but lack of coordination
between the police, local bar council, and the national legal aid
bureau hindered the program's implementation. Detainees were generally
informed promptly of the charges against them; however, they were not
always informed of all of their rights under the law.
The Government generally observed the statutory limit of one year
for pretrial detention and two years for the most serious crimes. In
the event of a conviction, time spent in pretrial detention was
credited toward the sentence.
Long delays awaiting trial were common, and investigators and
police continued to struggle with a large backlog of outstanding
investigations. Tough statutorily mandated time limits to complete
investigations often resulted in hasty indictments that were returned
by judges for additional investigation.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, political influence, widespread
corruption, inefficiency and lack of accountability were problems.
The country's judicial system is governed by an independent 25
member Supreme Judicial Council, which has powers to appoint,
discipline, and dismiss judges, prosecutors, and investigators. An
inspectorate operates under the council to investigate complaints of
judicial misconduct and recommend disciplinary action to the council.
Observers noted that these bodies were slow in establishing their
authority and addressing the high expectations for implementing
internal discipline in the system.
Cases are reviewed through a three-tier court system, which
consists of regional courts, District Courts (which act both as trial
and appeals courts), appellate courts, and the Supreme Court of Appeals
and the Supreme Administrative Court. Administrative courts hear
citizens' appeals of actions taken by the central and local government.
The Constitutional Court, which is separate from the judiciary, rules
on the constitutionality of laws, settles election disputes, and
resolves division of powers conflicts among government branches.
Judicial backlogs remained a serious problem, although observers
noted some modest improvement in efficiency and in implementation of
time standards in selected courts. In March a new civil procedure code
took effect which significantly reduced opportunities for continuances,
which were quite common under the old regime. Long delays awaiting
criminal trial were common, and investigators and police continued to
struggle with a large backlog of outstanding investigations. After
assuming office in 2006, the Prosecutor General ordered an internal
audit of all backlogged cases. Prosecutors continued to implement the
audit's recommendations and dismissed criminal charges in over 118,000
cases during the first half of the year because the statute of
limitations had expired in those cases.
The courts often acceded to defense counsel requests to delay
hearings in order to avoid sentencing, with particularly notorious
cases of alleged organized crime bosses excused for reported sudden
illness.
Prosecution service reforms initiated in 2006 continued and
investigations of eight prosecutors suspected of abuse of office were
ongoing. However, observers believed that political influence and
widespread corruption impeded efforts to establish a fair, impartial,
and efficient judicial system.
Trial Procedures.--The law stipulates that all court hearings be in
public unless proceedings could reveal national secrets, endanger
public morals, or violate the privacy rights of juvenile defendants;
authorities generally respected this provision. Defendants enjoy a
presumption of innocence; they have the right to know the charges
against them, to free legal representation if they are indigent, and to
have ample time to prepare a defense. A defense attorney is mandatory
if the alleged crime carries a punishment of 10 or more years in prison
or if the defendant is a juvenile, a foreigner, a person with mental or
physical disabilities, or is tried in absentia. Defendants in criminal
proceedings have the right to confront witnesses, to examine evidence,
and to present their own witnesses and evidence. The law provides for
the right of appeal, which was widely used.
Defendants have the right to be present at trial. Although there
are no juries, in cases involving more serious crimes, the judge is
joined at the trial by two assessors, or lay judges, who are ordinary
citizens chosen to serve as representatives of the public. If a crime
entails imprisonment for more than 15 years, two judges and three
assessors hear the case. In such circumstances verdicts are determined
by majority vote of panel members.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The law provides for an
independent and impartial judiciary in civil matters; however, civil
cases were plagued by the same long delays as criminal cases.
Allegations of human rights abuses may be filed with courts and also
with the Commission for Protection against Discrimination, which may
impose sanctions on violators. Reforms initiated in 2006 in the
enforcement of court judgments allowed private enforcement agents to
collect claims, greatly improving the efficiency of collection.
Property Restitution.--The Jewish community reported continued
difficulties recovering properties in cases where such properties were
being used by government entities. For example, despite court decisions
in its favor, the Jewish community was unable to take possession of a
state-run hospital in central Sofia.
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 September and October there were media reports that, during an
official investigation, DANS may have obtained telephone records and
possibly voice recordings of calls by members of parliament and
journalists. On October 10, DANS officially admitted that it violated
its own internal regulations by monitoring journalists, including
possibly obtaining telephone data and voice recordings, while
investigating leaks of classified information to the media. According
to the DANS chairman, the surveillance of journalists was unjustified
and was unrelated to the true purpose of the investigation. The DANS
chairman also denied personal responsibility for the transgressions,
and stated that the investigation was improperly authorized by
subordinates during the chairman's short absence in August.
Parliamentarians and the media spoke out forcefully against the
apparent abuse of power.
On December 15, parliament passed a law reforming the country's
secret surveillance system. In June 2007 the ECHR ruled that secret
surveillance was overused and the law did not provide adequate
safeguards against the risk of abuse. The court noted the law's failure
to provide an independent review of the implementation of surveillance
measures or procedures to verify preservation of confidentiality of
collected information and its destruction after use. Unless criminal
proceedings had been subsequently instituted, the law did not require
subjects of surveillance to be informed that their communications were
monitored. This rendered subjects of such monitoring unable to seek any
redress.
Responding to a letter from the ECHR, municipal authorities in
Sofia halted demolition of Roma housing planned for July 11. The letter
came in response to a complaint filed by the BHC in 2006 when
authorities first began demolishing the housing, alleging that the
construction was illegal. The ECHR requested that the authorities
provide information about how they plan to relocate the residents,
especially children and persons with disabilities.
NGOs reported that in poor, rural areas of the country, local
authorities denied government services including employment and
scholarships to individuals who lacked proof of membership in local
ruling political parties.
Section 2. Respect for Civil Liberties, Including:
a. 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 increased reports that
individuals with political interests threatened and intimidated
journalists. NGOs reported that significant numbers of journalists
practiced self-censorship due to pressure by political and business
leaders and organized crime on the journalists or their management.
Some journalists allegedly accepted payments in return for positive
coverage of politicians, prominent businessmen, and organized crime
syndicates. International organizations criticized increased political
influence over media, pressure from powerful economic interest and
attacks against journalists.
Individuals criticized the Government freely without reprisal, and
the Government generally did not attempt to impede criticism. In rural
areas offering fewer employment opportunities, individuals were more
hesitant to criticize local governments.
A variety of newspapers were published freely by political parties
and other organizations representing the full spectrum of public
opinion. Private television and radio stations provided a variety of
news and public interest programming. Although the state-owned media
presented opposition views, observers believed that the law was
inadequate to protect their programming independence and left these
media vulnerable to government pressure. In May 2007 one journalist
from the Bulgarian National Radio (BNR) received a dismissal warning
for reportedly asking an inappropriate question to the interior
minister. Later in 2007 the new BNR director removed several managers
from their positions without explanation.
On April 7, two unidentified men shot Georgi Stoev, tabloid
commentator and author of reality-based fiction about the criminal
underworld. An investigation into his murder was ongoing at year's end.
On September 5, police arrested Frognews Web site administrator
Yorgo Petsas, and DANS officials questioned him for seven hours on
suspicion that Frognews was affiliated with the Web site opasnite.net.
The latter site, which published critical speculation about the
Government, was closed on September 4, reportedly for publishing
classified information. On September 23, four men severely beat and
critically injured Frognews editor in chief Ognian Stefanov. High-level
government officials and international organizations criticized the
attack and called for a full investigation. Following the incident,
Frognews editors complained of multiple death threats.
On September 7, the Defense Ministry halted printing of the first
issue of the weekly newspaper Bulgarian Army, reportedly for technical
reasons. The chief editor of the newspaper refuted the ministry's
justification and charged that the minister, who was the head of the
newspaper's publishing company, objected to some of the newspaper's
content.
There were no developments in the investigation of the 2006
explosion in the apartment of Vasil Ivanov, who had described wide-
ranging abuses in Sofia's main prison, or the 2006 break-in at the
offices of the newspaper Novinar.
Libel is punishable under the law. If the offense is proved, a
court may award compensation for moral damages suffered by the
claimant. Usually the courts interpreted the law in a manner that
favored journalistic expression. Many defamation cases were prompted by
reporting about corruption or mismanagement, and the most frequent
plaintiffs were government officials or other persons in public
positions.
In February 2007 Volen Siderov, leader of the nationalist and
racist Attack party, and a group of 50 supporters broke into the
offices of the 24 Hours daily and 168 Hours weekly newspapers and
threatened employees. The intruders were reportedly angered by press
reports about the sources of their party's funding. Authorities
initiated an investigation of whether Siderov should be charged with
hooliganism; the investigation was ongoing at year's end.
Internet Freedom.--There were no government restrictions on 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.
According to the National Statistical Institute, Internet use increased
to 30.8 percent of the population, although less-developed rural areas
did not have the infrastructure to support Internet services.
On January 30, the interior minister and chairman of the State
Agency for Information Technologies announced the adoption of a decree
allowing the security services to gather electronic data relating to
Internet users' activities. The announcement sparked widespread
criticism among NGOs and local media, and the NGO Access to Information
Program filed a legal challenge. On December 11, the Supreme
Administrative Court struck down provisions of the decree, finding that
its scope was excessive and failed to set any limitations on the type
of data that the security services could access.
Human rights activists strongly criticized the July 2007 police
interrogation of a blogger who reprinted a notice of an upcoming civil
protest. Police warned that since the protest had not been authorized
by municipal authorities, the blogger should not make mention of it.
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 4-hours'
notice and those wishing to demonstrate to give five-days' notice.
Mayors can prohibit, dismiss, or suggest an alternative site for a
gathering they regard as posing 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 that endanger national
unity or promote and incite racial, national, ethnic, or religious
hatred, violate the rights of citizens, or seek to achieve their
objectives through violent means. The Government generally respected
the rights of individuals and groups to establish their own political
parties or other political organizations.
Political parties based on religious, ethnic, or racial affiliation
are illegal. In practice the prohibition did not appear to weaken the
role of some ethnic minorities in the political process; a number of
parties in reality represented various ethnic minority groups.
Citizens' associations may not engage in political activity.
The law requires a political party to have 5,000 members to be
registered. The requirement adversely affected Ilinden, a Macedonian
activist group. In October 2007 the Supreme Court of Appeals upheld the
Sofia city court's decision to reject Ilinden's registration, citing
numerous procedural violations in the application, particularly in the
collection of members' signatures. The decision effectively precluded
further appeals in domestic courts. On October 21, Ilinden formally
requested recognition of its earlier registration, relying upon ECHR
judgments against the cancellation of its earlier registration. The
Sofia City court again rejected the request on December 30, citing
irregularities in the group's documentation. During the year, Ilinden
members continued to complain of hostile treatment by local
authorities, including police questioning members about their
affiliation with the group. At year's end the Blagoevgrad District
court was reviewing requests for registration as NGOs from two self-
identified Macedonian groups.
c. Freedom of Religion.--Although the constitution provides for
freedom of religion, the law and the Government restricted this right
for some religious groups not registered by the courts. The law
designates the Bulgarian Orthodox Church as the ``traditional''
religion and requires religious groups other than the Bulgarian
Orthodox Church to register with the Sofia city court if they wish to
operate and be recognized as legal entities or to conduct religious
activities outside of their places of worship. As of June there were 96
religious groups registered with the Sofia city court. Human rights
organizations criticized the law's preferential treatment of the
Bulgarian Orthodox Church and expressed concern that the requirement
that groups submit a statement of their beliefs constituted an
infringement on freedom of religion.
On April 29, the Supreme Court of Appeals upheld a lower court
ruling rejecting the registration of the Ahmadi Muslim community as a
religious group. The court held that the group failed to specify its
religious beliefs as required by the law. In March 2007 the Blagoevgrad
District Court granted a prosecutor's request to close the NGO Ahmadiya
on charges that the group was carrying out religious activities, such
as proselytizing and holding religious meetings, without proper
national registration.
While there were Orthodox chapels or churches in all prisons,
prison officials acknowledged difficulties in meeting the special
requirements of other believers, particularly Muslims' dietary
restrictions and requirements for places to pray.
Some local governments restricted certain forms of proselytizing.
On October 8, police issued a warning to a member of Jehovah's
Witnesses who was distributing religious literature in Plovdiv. Police
referred to a provision of the municipal public order rules which
required a municipal permit for carrying out religious activity in
public.
Jehovah's Witnesses reported continuing opposition from local
authorities in Varna to construction of a place of worship, despite
receiving a construction permit in June 2007. Construction was halted
pending the outcome of a court challenge by neighbors to the
municipality's 2001 rezoning of the Jehovah's Witnesses property. In
July 2007 the Sofia City Council published its unanimous decision to
support the residents of the Mladost area in opposing the construction
of a meeting hall for the Jehovah's Witnesses and urging the Government
to legislate stricter control of nontraditional religious groups.
In February the Commission for Protection against Discrimination
rejected a discrimination complaint filed by three Muslim students from
Devin alleging that their school principal had discouraged them from
wearing headscarves in classes even though the school had no uniform
requirements. The commission found insufficient evidence to confirm the
principal's reported warnings. The case followed an August 2006
decision by the commission to uphold the ban on headscarves imposed by
a school in Smolyan that did require school uniforms.
The efforts in court to resolve a leadership dispute within the
Muslim community continued to result in charges that court procedures
were opaque and politically influenced. On April 21, the Sofia city
court registered Mustafa Alish Hadji as chief mufti despite the
allegations of judicial corruption and document forgery by Nedim
Gendzhev, his longtime rival. The court recognized the outcome of a
Muslim conference held on April 19 that reelected Hadji as chief mufti.
The conference followed a December 2007 decision of the Supreme Court
of Appeals to uphold the annulment of the conference that previously
elected him as illegitimate. The ruling effectively reinforced the
denomination's statutes from 1996 and reinstated rival Islamic leader
Gendzhev, who initially contested Hadji's election.
Societal Abuses and Discrimination.--There were occasional
manifestations of public intolerance of nontraditional religious groups
and religious minorities.
During the year the extremist political party, Attack, continued to
denigrate the country's Roma, Jews, and Muslims. Attack, which employed
racist and discriminatory rhetoric during the 2005 and 2006 electoral
campaigns, published anti-Semitic and anti-Muslim material in its
newspaper, Web site, and cable television mouthpiece, Skat.
The country's Jewish community numbered approximately 3,500.
According to the Jewish organization Shalom, anti-Semitism was not
widespread, and Attack's anti-Semitic media statements had limited
impact on the overall tradition of tolerance with regard to the Jewish
community.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not employ
it in practice.
Protection of Refugees.--The constitution and law provide for the
granting of asylum or refugee status in accordance with the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol,
and the Government has established a system for providing protection to
refugees. The Government provided some protection against the expulsion
or return of refugees to countries where their lives or freedoms would
be threatened, and the UNHCR reported that the risk of bona fide
refugees being turned away were limited. Nonetheless, observers
remained concerned about the institutional capacity of the State Agency
for Refugees to efficiently process requests and transfer applicants
from the border to the shelters. According to lawyers, the practice of
sending asylum seekers that enter illegally to the Centre for Temporary
Accommodation of Foreigners in Busmantsi, allowed for them to be
treated as illegal immigrants facing potential deportation. The law
requires that persons seeking refugee status file an application within
``a reasonable time'' after entering the country.
The State Agency for Refugees reported that following the country's
EU accession, the number of applicants increased from 639 (2006) to 975
(2007). However, the total number of asylum seekers remained below the
peek in 2002, when asylum seekers numbered 2,888. During the year the
Government received 746 applications for asylum; it granted asylum in
27 cases and refused asylum in 381 cases. Most asylum seekers were from
Iraq, with substantial numbers from Armenia, the Palestinian
territories, and Afghanistan.
During the year, the Government also provided temporary protection,
described by the law as ``humanitarian status,'' to 267 persons who may
not qualify as refugees under the 1951 convention and 1967 protocol.
Observers noted that, in cases where the State Agency for Refugees
denied asylum, the procedures for removing asylum seekers were unclear,
resulting in prolonged detentions, often far in excess of six months.
On April 23, a group of Iraqi displaced persons rioted at the
Busmantsi center for illegal immigrants. After voluntarily withdrawing
their asylum applications they learned that their departure would be
delayed a week due to procedural problems. Once the Government resolved
problems with their transit visas, the group was able to return to
Iraq.
UNHCR expressed some concerns about the Government's processing of
Iraqi asylum applications. In contrast to previous years, the State
Agency for Refugees increased its rejection rate for Iraqi asylum
seekers, who resorted to appealing those negative decisions.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens generally exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage; however, 2007 municipal elections were marred by
reports of large-scale vote buying.
Elections and Political Participation.--In contrast with the 2006
presidential elections, which were widely regarded as free and fair,
the municipal elections held in October 2007 were marred by reports of
an unprecedented vote-buying surge. The Center for the Study of
Democracy estimated that the money spent buying votes exceeded 200
million leva (approximately $144 million). Prosecutors initiated more
than 10 investigations under the newly amended criminal code, which
criminalizes both vote buying and vote selling. Another significant
type of violation was the organized busing of voters from Turkey and
Macedonia, usually referred to as ``election day tourism.'' Observers
noted that the surge in vote buying was prompted by efforts of business
circles and organized crime figures to install local politicians as a
way to gain greater access to EU funds.
There were 51 women in the 240 seat National Assembly. A number of
women held elective and appointive office at high levels in the
Government, including two deputy prime ministers and three ministers.
Women held key positions in the National Assembly, including three
deputy speakers and the chair of one of the 24 standing committees.
There were 31 members of minority groups in the 240 seat National
Assembly, of whom 28 were ethnic Turks, one Roma, and two ethnic
Armenians. There were two ethnic Turkish ministers in the cabinet and
one Romani deputy minister. 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.
In the October 2007 local elections, approximately 30 municipal
mayors of Turkish ethnicity were elected. No Romani mayors were
elected, but more than 90 Romani municipal councilors were elected on
Romani party tickets. Women's local council representation increased
slightly, from 21 percent in 2003 to 23 percent.
Government Corruption and Transparency.--The law provides criminal
penalties for corruption by government officials; however, the
Government did not implement the law effectively, and officials often
engaged in corrupt practices with impunity. The Government did not
aggressively prosecute high-profile organized crime or corruption.
During the year the EU sharply criticized the Government for abuse
of EU funds. After a negative June report and the suspension of 486
million euros (approximately $680 million) in pre-accession aid on July
23, the Government adopted an 80-point plan to address the EU's concern
over the failure to investigate funds mismanagement. On October 20, the
Sofia city court began a trial against Mario Nikolov and eight other
members of the Nikolov-Stoykov group for document fraud and
embezzlement of EU agricultural funds. Lyudmil Stoykov, one of the
group's main partners, was charged separately with money laundering.
The Nikolov-Stoykov group, which reportedly sponsored key politicians,
was described in a leaked report of the EU fraud investigation unit as
a criminal company network.
On October 2, the Sofia military court gave Ivan Ivanov, the former
director of the Interior Ministry's organized crime unit, a one-and-a-
half year suspended sentence for abuse of power. Ivanov's March 17
arrest initiated a series of scandals in the Interior Ministry,
ultimately leading to the resignation of Interior Minister Rumen Petkov
on April 18. On November 20, the Sofia City court rejected prosecutors'
assertions that Petkov committed a crime in March when he leaked the
identity of a DANS agent. A prosecution appeal of the judgment was
ongoing at year's end, and Petkov remained a member of parliament.
The new security agency, DANS, was charged with investigating high-
level corruption and organized crime. On September 23, DANS arrested
the deputy chair of the State Sports Agency, Ivan Lekov, on charges of
fixing soccer matches by manipulating referees. On September 24, DANS
arrested the deputy Sofia district governor, Marius Tsakov, while in
the act of receiving a bribe from a construction investor. On July 17,
in a joint raid with Sofia prosecutor's office, DANS arrested Varna
administrative court chair Anelia Tsvetkova for bribery and confiscated
150,000 leva (approximately $108,000) from her home; she subsequently
resigned. The bribery investigation against Tsvetkova was ongoing at
year's end; however, on September 25, the Sofia city court allowed the
return of the confiscated money.
Public officials were subject to financial disclosure laws, but
according to the National Audit Office, 174 officials did not fully
comply with the requirements and failed to report all of their and
their spouses' assets during the year. According to the law, failure to
submit a declaration is punishable by a fine of up to 1,500 leva
(approximately $1,077); it was unclear whether this served as an
effective incentive to comply with the law.
The law provides for public access to government information;
however, in practice the Government often restricted such access. In
2007 the Supreme Administrative Court reviewed approximately 60 appeals
of denials. While the court allowed greater access to government
information in almost half of the cases, NGOs reported that court
decisions were rarely implemented.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigations 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 during the year.
In 2007 the ombudsman received 3,367 complaints of violations of
citizens' rights and freedoms, of which 30 percent fell within his
jurisdiction. By law the ombudsman receives and reviews complaints
filed by individuals of rights or freedoms abridged by government
institutions. The ombudsman can request information from state
authorities, act as an intermediary in resolving disputes, make
proposals for terminating existing practices, and refer information to
the prosecution service. Of the valid complaints received in 2006, 11
percent concerned human rights violations.
The nine-member Commission for Protection against Discrimination
has the power to receive and investigate complaints of discrimination,
issue rulings, and impose sanctions on violators. Human rights groups
remained concerned about its capacity. In 2007 the commission received
649 complaints, compared to 389 in 2006; the majority of complaints
concerned labor discrimination.
During the year the ECHR issued over 50 judgments against the
country and ordered the Government to pay over 1.7 million leva
(approximately $1.2 million) for violations including denial of fair
trial rights, an unreasonably slow judicial process, inadequate prison
conditions, mistreatment of detainees and prisoners, and other human
rights abuses.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit 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 to occur, particularly
against women, sexual minorities, and ethnic minorities. Trafficking in
persons continued to be a problem.
The Government raised public awareness and continued to implement
administrative provisions of the antidiscrimination law, which provided
two options for civil remedies against discrimination through the court
system and through the Commission for Protection against
Discrimination. The law lists in detail the grounds on which
discrimination claims could be filed, and these were widely used during
the year.
Women.--The law criminalizes rape, which was underreported due to
the stigma that society attached to the victim. Spousal rape is not
specifically addressed in the law. It can be prosecuted under the
general rape statute but was rarely prosecuted in practice. Sentences
for rape range from two to eight years in prison (from three to 10 if
the victim is a blood relative). When rape results in serious injury or
suicide, sentences range between 10 and 20 years' imprisonment.
Authorities generally enforced laws against rape when violations came
to their attention, and sentences tended to conform to statutory
guidelines. 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.
NGOs reported that domestic violence was a serious problem.
Although there were no precise statistics on its occurrence, police
believed that one of every four women had been a victim.
The law defines domestic violence as any act, or attempt at,
physical, psychological, or sexual violence against members of one's
family or between cohabitating persons. It empowers the court to deal
with offenders by imposing fines, issuing restraining or eviction
orders, or requiring special counseling. The courts issued more than
300 restraining orders in 2007.
Although in 2006 the cabinet voted to make 270,000 leva
(approximately $194,000) available to municipalities for establishing
shelters for domestic violence victims, none had been built, and the
Government did not provide shelter or counseling for women. The NGO
Animus Associations Foundation operated a 24-hour hot line for women in
crisis and a number of other NGOs provided short-term protection and
counseling to victims in 15 crisis centers around the country. Police
and social workers referred victims of domestic violence to NGO run
shelters.
Prostitution is not specifically addressed in the law and was
commonly practiced. In 2007 the Government rejected plans to legalize
prostitution and during the year, government officials continued to
oppose legalization as a threat to antitrafficking efforts. A variety
of activities associated with prostitution, such as pimping, are
illegal. Forced prostitution is illegal but remained a serious problem.
Poor socioeconomic conditions contributed to a disproportionately
higher number of Romani women in organized prostitution.
Sexual harassment is not specifically addressed in the criminal
code but is punishable under prohibitions against coercion, which carry
a punishment of up to six years in prison. Sexual harassment is also
identified as a specific form of discrimination under the
antidiscrimination law and the Commission for Protection against
Discrimination reported an increasing number of sexual harassment
cases, approximately 5 percent of all complaints. However, sexual
harassment remained a widespread problem, and the Government did not
effectively enforce the law.
The law provides women with the same rights as men; however, women
faced some discrimination in hiring and pay. In 2007 the Ministry of
Labor and Social Policy reported that women's salaries were 24 percent
lower than men's, with some lower-paid sectors, such as education and
services, dominated by women. A National Council on Equality between
Women and Men, headed by the minister of labor and social policy under
the Council of Ministers, was tasked to safeguard the rights of women.
Primarily a consultative body, the council is charged with promoting
cooperation and coordination among NGOs and government agencies.
Children.--The Government generally was committed to protecting
children's welfare; however, government efforts in education and health
were constrained by inadequate budgets and outmoded social care
structures. Problems in state-run institutions for children, including
incidents involving exploitation of children, received increased media
attention during the year.
Public education is compulsory until the age of 16; however, the
Government did not effectively enforce attendance requirements. Public
education is free through the 12th grade, but children were required to
pay for books after the fourth grade, which was a problem for poor
families.
According to a 2006 UN Children's Fund study, 76 percent of
students completed high school. The study reported that school dropouts
correlated to low household income, parental lack of interest, lack of
motivation, and emigration. The number of school dropouts was highest
in regions with large Romani populations.
Education for Romani children was generally inferior and nearly 10
percent of Roma never attended school. A 2006 study indicated that 30
percent of Romani students attended completely segregated schools. In
2005 the Sofia regional court found the city guilty of discrimination
for failing to provide equal educational opportunities to Romani
children, many of whom attended Sofia's three ethnically segregated
Romani schools. In 2006 the Sofia city court confirmed the decision and
the city's appeal to the Supreme Court of Appeals was pending at year's
end.
In January the Government implemented a new policy of ``delegated
budgets,'' where schools received a standard funding allowance per
student per year of 1,150 leva (approximately $826), which observers
criticized as too low. In March the Amalipe Center, a Romani
organization, reported that municipalities decided to close 320
schools, amounting to approximately 15 percent of the country's primary
schools, because the smaller schools could not continue to operate with
the new budget allowance. Romani activists warned that this change
would harm Romani students whose parents would be reluctant to allow
them to travel to new schools in other towns. Activists also reported
that ethnic Bulgarian parents at schools accepting new Romani students
often reacted negatively to the process.
Violence against children was a problem. According to the National
Statistical Institute 2,743 children were victims of crimes in 2007,
compared to 3,209 children in 2006. Crimes included murder, rape,
theft, kidnapping, trafficking, pornography and other forms of abuse.
The Government often removed children from abusive homes and prosecuted
abusive parents; however, once away from their families, children often
fell victim to street violence or violence in specialized institutions.
According to NGOs, living conditions in reform boarding schools for
children run by the Ministry of Education and Science remained poor.
Although no official statistics were available, the State Agency
for Child Protection reported that child marriage was relatively rare
nationwide but was common in Romani communities. The agency also voiced
its concern that arranged marriages and traditional Roma bride markets
resulted in trafficking in persons.
The National Statistical Institute reported that the number of
children registered by police for vagrancy and begging increased from
975 in 2006 to 1,044 in 2007. Such children were primarily involved in
begging, prostitution, or car window washing, and many were believed to
be exploited for labor by adults. When apprehended, police place
children involved in begging and vagrancy in protective custody in five
special shelters; however, children were usually not kept there for
more than 24 hours unless remanded to protective custody by the special
order of a prosecutor. Many were subsequently sent to state-run
institutions for children.
Implementation of child care policies was decentralized and managed
by municipal-level Child Protection Departments. The national Ministry
of Social and Labor Policy provided budgetary support for child welfare
programs, but NGOs remained concerned about the ability of poorer
municipalities to effectively manage and administer care. Despite a
government policy to develop a mechanism of alternative service
providers, such as the recently introduced model of foster care, the
country continued to struggle with a Communist-era system of state-run
specialized institutions for children.
Human rights monitors sharply criticized the deficiencies in
government run institutions such as orphanages, educational reform
boarding schools, facilities for children with mental disabilities, and
shelters for homeless children. Inadequate budgets, poorly trained or
unqualified staff, and insufficient oversight plagued these facilities.
Standards of hygiene and access to medical care were poor.
According to the State Agency for Child Protection, there were 145
institutions at the end of 2006. Since 2001 the State Agency for Child
Protection reported a 32 percent decrease in the number of children in
institutions, which reached 8,457 in mid-2007, the majority of whom
were Roma. Watchdog organizations disputed these figures believing the
actual number was much higher. Most of the children in state
institutions were not actually orphans, but instead placed in homes for
reasons including disability, poverty and other family problems.
During the year several incidents received media attention
including airing of the controversial film Baklava, reportedly showing
orphans engaged in sexual acts and drug abuse. In January police opened
an investigation of a man in Dupnitsa for possessing nude photos of
orphans. In March media and NGOs reported on the accidental poisoning
of five children in state care in Plovdiv. In March, an accused
pedophile shot and killed a 15-year-old girl at an orphanage in Tran
and injured two others before killing himself. Following these
incidents the National Social Assistance decided to close the
institution, and all but four children had been relocated to other
facilities by the end of the year.
The problems facing institutionalized children has received
significant international attention since the BBC documentary,
Bulgaria's Abandon Children was first broadcast in November 2007. The
documentary showed the substandard conditions for children with
disabilities in a state institution in Mogilino. Following the intense
international and local outcry, authorities began taking steps to close
the facility in Mogilino and relocate some of the children to a newly
built facility. In 2006 a 15 year old girl died of complications from
eating garbage after being left unattended.
Trafficking in Persons.--The constitution and law prohibit all
forms of trafficking in persons; however, trafficking was a serious
problem.
The country remained a point of origin and transit and, to a lesser
extent, a destination, for trafficking, with most victims trafficked
for sexual exploitation. Victims came from within the country, and from
Romania, Moldova, Russia, Ukraine, and Central Asia. The principal
destinations of victims trafficked from and through the country were
Greece, Turkey, the Czech Republic, Poland, Macedonia, Kosovo, and
Western Europe. Almost all victims were women and girls trafficked for
sexual exploitation, but some were also young boys. Young women between
the ages of 16 and 24 with modest education and weak family ties were
most vulnerable. Minorities, particularly Roma, and women engaged in
prostitution were also at particular risk.
During the year a court convicted Angel Lubenov and sentenced him
to 13 years in prison for running a prostitution ring involving
children from the Berkovitsa orphanage in 2006. Following Lubenov's
arrest, authorities moved his three victims to other institutions to
receive psychological assistance. None of the staffers at the orphanage
was dismissed or disciplined.
The trafficking of pregnant women and forcing them to sell their
children abroad remained a problem because the women were free to
travel and could not be stopped by border police. In December police
reported seven investigations of baby selling in Greece.
In larger cities, organized criminal organizations controlled most
trafficking for sexual exploitation. In smaller towns, small crime
groups and freelance operators were involved.
Traffickers in foreign countries generally recruited their victims
through promises of work, while victims of internal trafficking were
most often recruited through close friends or acquaintances.
Traffickers for sexual exploitation, both within the country and
abroad, have shifted to call-girl operations and away from bars,
complicating law enforcement efforts. Traffickers typically used
genuine rather than forged travel documents for their victims.
The punishment for trafficking in persons includes prison terms of
one to eight years in prison and maximum fines of 8,000 leva
(approximately $5,740). Aggravated circumstances increase the maximum
penalties to 15 years in prison and 20,000 leva (approximately
$14,400), and the court may confiscate a trafficker's assets.
Prosecutors used other laws to prosecute persons for activities
associated with trafficking, such as inducement to prostitution.
The National Antitrafficking Commission is the primary
antitrafficking coordination and policy-making body. In February the
commission established three local commissions in the coastal cities of
Burgas and Varna, both destination points of internal trafficking and
source of victims trafficked to Germany, the Czech Republic, and
Scandinavia, as well as in Sliven, a source region for victims
trafficked to the Netherlands and Belgium. In March a local commission
opened in Pazardzhik, a source point for trafficking to France and the
Netherlands.
In October the commission launched an awareness campaign which
included a class session on trafficking in all schools, free screenings
of antitrafficking films, and distribution of brochures. In June the
commission organized free screenings of an antitrafficking documentary
for over 1,000 students. During the year the commission also trained
police, border police, social workers, prosecutors, and judges on human
trafficking.
Two police units focused specifically on the problem of
trafficking. One was within the National Border Police and the other
was within the Directorate for Combating Organized Crime. The
Government participated in multinational antitrafficking activities and
permitted the extradition of citizens for crimes committed abroad,
including trafficking. In 2007 authorities convicted 73 traffickers.
Due to successful cooperation with West European counterparts,
police reported a decline in the number of children being sent abroad
to work as beggars and pickpockets. The Ministry of Labor and Social
Policy reported that 90 children were repatriated between January and
September, compared to 37 in all of 2007.
Some law enforcement officials, local authorities, and customs
officials allegedly facilitated trafficking, although there was no
evidence of a pattern of official complicity. Such officials, who were
generally low-ranking and poorly paid, accepted bribes to ignore
trafficking. On September 12 and October 20, police arrested two
municipal councilors from Varna and charged them with human
trafficking.
The Government operated six shelters for child victims of violence
and trafficking, each of which had the capacity to host 10 children for
a period of up to six months. The Government cooperated with NGOs and
international organizations in raising awareness and referring victims
to services.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--Although the constitution and law
prohibit discrimination against persons with physical and mental
disabilities in employment, education, access to health care, and the
provision of other state services, 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 new public works projects have taken this 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 the great majority of
persons with disabilities were unemployed.
Conditions in institutions for persons with disabilities were poor.
Low salaries prevented hiring and retention of qualified staff and NGOs
complained of mistreatment and neglect of patients in these
institutions.
Persons with mental and physical disabilities, including very young
children, were often segregated from the rest of society, for example,
into special schools that lowered the quality of their education. In
April the Sofia city court confirmed a lower court ruling against the
Ministry of Education for discriminating against children with
disabilities. The court ordered the ministry to adopt a program and
secure funding for integrated education of children with disabilities
in mainstream schools and kindergartens. The Ministry of Labor and
Social Policy operated 26 institutions for children and youth with
disabilities. A 2006 ministry study reported that the facilities and
administration of 25 of the institutions needed to be reformed or
restructured; the study recommended that one of them close. NGOs
complained that the recommendations were not implemented, and
conditions in these institutions remained poor.
National/Racial/Ethnic Minorities.--Societal discrimination against
Roma and other minority groups remained a problem, occasionally
resulting in incidents of violence between members of different ethnic
groups.
Although Roma were officially estimated to make up 4.6 percent of
the population, their actual share was estimated to be between 6 and 7
percent. According to a 2002 Council of Europe report, there were
600,000 to 800,000 Roma in the country. According to a 2001 census,
ethnic Turks made up 9 percent of the population. Ethnic Bulgarian
Muslims, often termed Pomaks, are a distinct group of Slavic descent,
whose ancestors converted from Orthodox Christianity to Islam; they
constituted 2 to 3 percent of the population.
Workplace discrimination against minorities, especially Roma,
continued to be a problem. The unemployment rate among Roma was nearly
65 percent, reaching 80 percent in some regions. In a 2006 case, the
Sofia city court found a company liable when one of its employees
advised Angel Assenov not to apply for a position, since he was a Rom
and would not be hired.
The generally unfavorable attitudes towards Roma, coupled with
their poor education level, made Roma less able to access the job
market. Many observers noted that the quality of education offered to
Romani children was inferior to that afforded to most other students.
Popular prejudice against Roma continued to play a significant role
in society and was often shared by law enforcement personnel. There
were continuing reports that police harassed, arbitrarily arrested, and
used violence against Roma; however, NGOs reported that police were
generally more cautious in applying force than in previous years. Human
rights groups contended that magistrates sometimes failed to pursue
crimes committed against minorities.
In August 2007 approximately 200 Roma rioted in the Sofia district
of Krasna Poliana after rumors circulated that they were about to be
attacked by a group of skinheads. Witnesses claimed the riot was
retaliation for a clash the previous evening, when a group of young men
described as skinheads allegedly attacked three Romani teenagers, one
of whom was severely beaten. Four ethnic Bulgarians were charged with
hooliganism after the incident; police arrested three and released one
on bail. Police also detained four Roma charged them with hooliganism.
In August 2007 a group of four teenagers beat to death Asparuh
Atanasov, a 17-year-old Rom, reportedly because they were angry that he
was in the center of the town. Police detained four suspects and the
prosecution against them was ongoing at year's end.
Many Roma lived in substandard housing and lacked legal
registration for their places of residences. Local authorities
encountered difficulties in allocating resources and finding
construction sites for new homes.
NGOs reported that Roma encountered difficulties applying for
social benefits and suffered from inadequate access to health care. On
June 2, the Sofia city court found that the Sveta Sofia maternity
clinic refused medical treatment for a Romani woman because of her
ethnicity. The court awarded the plaintiff 50 leva (approximately $38)
in damages.
During the year human rights organizations continued to file
complaints under the antidiscrimination law. In April the Blagoevgrad
District Court upheld a lower court judgment against a restaurant for
refusing service to Roma in 2004, while serving non-Romani clients.
Inciting racial or national enmity, hatred, or discrimination is a
crime punishable by up to three years' imprisonment, and plaintiffs may
also file civil claims directly with the court for damages inflicted by
discriminatory statements.
In May the Sofia court of appeals upheld a judgment against Attack
party leader Volen Siderov for discriminatory statements against ethnic
Turks, Roma, Jews, and other groups. Six of eight cases in a complaint
against Siderov remained under review by the Sofia regional court. The
complaint originated with a coalition of 60 NGOs, who charged that
Siderov harassed and discriminated against persons from ethnic,
religious, and sexual minorities. In the two cases that were decided,
both from 2006, the court in one case found that Siderov had incited
discrimination on the basis of ethnicity but found in the other that
his statements did not discriminate on the basis of sexual orientation.
Following an appeal, the Sofia court of appeals upheld the ethnic
discrimination judgment in May.
In 2007 BHC and the UNHCR expressed concern over reports of
violent, racially motivated incidents against visible minorities. In
January 2007 and May 2007, four persons, two from Nigeria and two from
Sudan, were attacked with knives. On October 31, the Sofia city court
sentenced Alexander Ginchev to five years in prison for the January
2007 attack against a Nigerian soccer player.
Other Societal Abuses and Discrimination.--The law prohibits
discrimination on the basis of sexual orientation, but the Government
did not effectively enforce this prohibition. Reports of violence
against sexual minorities were rare, but societal discrimination,
particularly discrimination in employment, although less common than in
previous years, remained a problem. The gay-rights organization Gemini
reported that individuals continued to be reluctant to pursue legal
remedies for discrimination due to the stigma of being openly
identified as gay.
On June 28, police arrested approximately 60 nationalist protestors
attempting to disrupt the country's first gay pride parade.
Approximately 100 participants marched under tight security protection,
and at least one protester threw a Molotov cocktail. The head of the
Christian Orthodox Church and the Muslim chief mufti condemned the
march, calling it immoral and referring to homosexuality as a disease.
According to the Bulgarian Foundation for Aiding HIV/AIDS Patients,
several HIV-positive patients were denied appropriate medical
treatment. The Government reported that during 2007, 45 percent of new
HIV patients contracted the disease through heterosexual contact, 33
percent were intravenous drug users, and 18 percent were men having sex
with men. Patients reported hiding the fact that they were HIV positive
in order to receive medical care.
Section 6. Worker Rights
a. The Right of Association.--The constitution and law provide for
the right of all workers to form or join independent trade unions of
their choice, and workers exercised this right in practice. No reliable
statistics existed on the extent of unionization of the workforce, but
experts noted that membership in unions continued to decrease as
employees question their ability to effectively represent them.
The law allows unions to conduct their activities without
interference, and the Government generally protected this right in
practice. The law also provides for the right to strike; however, key
public sector employees (primarily military and law enforcement
personnel) were subject to a blanket prohibition against striking.
These employees were able to take the Government to court as a means of
ensuring due process in protecting their rights. Although the law
prohibits the police from effectively striking, police held symbolic
protests on December 13 and December 20 against low wages and poor
working conditions.
b. The Right to Organize and Bargain Collectively.--The law
provides a legal structure for collective bargaining, which was
practiced nationally, but not always adhered to at the local level.
Labor unions alleged that many employers failed to bargain in good
faith or to adhere to agreements that were concluded.
The law prohibits antiunion discrimination and includes a provision
for a six month salary payment as compensation for illegal dismissal.
There were reports that some employees faced harassment and
discrimination for their labor activism; due to weaknesses in the
judiciary, activists had difficulty seeking recourse in such instances.
Although less frequent than in previous years, there were credible
reports that some private employers also forced newly employed workers
to sign declarations that they would not establish or join trade
unions. There were reports of employers deducting dues from workers'
salaries and not passing them on to the unions.
There are no special laws or exemptions from regular labor laws in
the country's six free trade zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. Children were sometimes forced to
work due to economic conditions or because of pressure from family
members or criminal organizations. Women and children were trafficked
for commercial sexual exploitation.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace, including a prohibition on forced or compulsory labor
and policies regarding acceptable working conditions. The Government
was somewhat effective at implementing these laws and policies in
practice.
The law sets the minimum age for employment at 16 years and the
minimum age for dangerous work at 18 years; employers and the Ministry
of Labor and Social Policy are responsible for enforcing these
provisions. 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 factories,
restaurants, construction, and periodical sales) and by organized crime
(notably for commercial sexual exploitation and the distribution of
narcotics). Besides trafficking for commercial sexual exploitation, the
worst forms of child labor included heavy physical labor and health
hazards on family tobacco farms, particularly among the ethnic Turkish
minority. In 2007 the Ministry of Labor and Social Policy's general
labor inspectorate reported 127 cases of unlicensed, underage workers.
All of these reports were related to children working without a permit
in the service industry. From January to June the inspectorate found 25
such violations.
The Government continued programs to eliminate the worst forms of
child labor using educational campaigns about the effects of child
labor and intervened to protect, withdraw, rehabilitate, and
reintegrate children engaged in the worst forms of child labor.
According to the labor inspectorate, recent welfare payments to
families whose children regularly attend schools contributed to a drop
in the number of unregistered child workers. The opportunity for
students at vocation school to gain work permits as well as increased
travel opportunities with the country's accession to the EU also
contributed to the decline in child labor.
Acceptable Conditions of Work.--During the year the Government
approved and implemented an increase in the national minimum wage to
220 leva (approximately $158) per month. While this wage did not
provide a decent standard of living for a worker and family, many
workers were paid more under the table to avoid taxes.
The law provides for a standard workweek of 40 hours with at least
one 24 hour rest period per week. The Ministry of Labor and Social
Policy is responsible for enforcing both the minimum wage and the
standard workweek. Premium pay for work in excess of 40 hours per week
was supposed to be negotiated between employers and employees. The law
stipulates that premium pay for overtime could not be less than 150
percent during workdays, 175 percent during weekends, and 200 percent
during official holidays. The law prohibits overtime for children under
age 18, pregnant women, and women with children up to age six.
Enforcement generally was effective in the state sector but was weaker
in the private sector.
A national labor safety program, with standards established by law,
gives employees the right to healthy and nonhazardous working
conditions. The Ministry of Labor and Social Policy is responsible for
enforcement and was generally effective. After particularly disturbing
reports of unhealthy conditions in private factories, including the
2006 death of two seamstresses in a Dupnitsa shoe factory, the
Government improved oversight.
The law gives employees the right to remove themselves from work
situations that present a serious or immediate danger to life or health
without jeopardy to their continued employment; however, refusal to
work in such situations could result in the loss of employment.
__________
CROATIA
The Republic of Croatia is a constitutional parliamentary democracy
with a population of 4.4 million. Legislative authority is vested in
the unicameral Sabor (parliament). The President serves as head of
state and commander of the armed forces, cooperating in formulation and
execution of foreign policy; he also nominates the prime minister, who
leads the Government. Domestic and international observers stated that
the November 2007 parliamentary elections were in accord with
international standards.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. The judicial
system suffered from a case backlog, although courts somewhat reduced
the number of unresolved cases awaiting trial. Intimidation of some
witnesses in domestic war crimes trials remained a problem. The
Government made little progress in restituting property nationalized by
the Yugoslav communist regime to non-Roman Catholic religious groups.
Societal violence and discrimination against ethnic minorities,
particularly Serbs and Roma, remained a problem. Violence and
discrimination against women continued. Trafficking in persons,
violence and discrimination against homosexuals, and discrimination
against persons with HIV/AIDS were also reported.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
During the year one mine removal expert and one civilian were
killed, and one mine removal experts and two civilians were severely
injured.
b. Disappearance.--There were no reports of politically motivated
disappearances.
In September the Government reported that 1,940 persons remained
missing from the 1991-95 military conflict, including an estimated 873
ethnic Serbs. During the year the Government investigated 36 possible
mass and individual gravesites, resulting in the exhumation of seven
persons. The Government identified the remains of 44 persons found
earlier.
In order to resolve more effectively cases of unidentified remains,
the Government organized drives in 28 cities throughout the country to
collect blood samples from the families of persons missing from the
war. The Government collected 658 samples and submitted them to a DNA
database. To date the Government has exhumed 4,410 bodies and
identified 3,498 missing persons.
The Government handled all exhumations and identifications, while
the International Criminal Tribunal for the former Yugoslavia (ICTY)
monitored only the sites related to cases it investigated. The
International Commission on Missing Persons assisted in the
identification of remains.
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
centers continued to suffer from overcrowding and a shortage of
capacity.
In June the Ministry of Justice established a committee to propose
recommendations for the improvement of prison conditions. According to
the ombudsman, although overcrowding and a lack of recreational
opportunities were problems, the prisons treated prisoners humanely.
There were no reported cases of discrimination against ethnic
minorities in prisons. During the year the European Court for Human
Rights (ECHR) ruled in favor of a prisoner who sued for lack of
adequate medical care in Lepoglava prison. The ECHR levied damages
amounting to 2,000 euros ($2,800).
In November the media reported that corruption in the prisons
allowed some prisoners to receive extra privileges including those
proscribed by law, such as access to drugs. In the wake of these
reports, the minister of justice announced widespread changes to the
prison system. The changes began in November when the countries'
wardens were temporarily rotated to a different prison to evaluate and
report on the condition of the prison to which they were transferred.
This led to the firing of one warden for failure to protect female
employees from sexual harassment.
The Government permitted visits by independent human rights
observers, including the International Committee of the Red Cross
(ICRC).
On October 9, the Council of Europe's Committee for the Prevention
of Torture (CPT) published a report on its May 2007 visit of the
country's prison and detention facilities. The CPT found that, while
the country's authorities generally respected detainees' rights, some
detainees complained that police and prison guards beat them while in
custody. In addition the report said that in some cases, prosecutors
and police undermined an accused person's right to an attorney by
calling an individual in for an ``informative talk'' (without the
presence of counsel) that sometimes lasted several hours and frequently
led to an indictment.
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 intelligence
service is under the authority of the prime minister and president. The
national police have primary responsibility for national security; in
times of disorder, the prime minister and the president may call upon
the military to provide security. An independent oversight board
monitors intelligence service performance.
On October 6, the prime minister replaced the interior and Justice
Ministers and the head of the national police, pledging to crack down
on organized crime. The prime minister made the announcement after a
gunman killed the daughter of a prominent lawyer in downtown Zagreb. On
October 23, a car bomb killed Ivo Pukanic, a publisher and co-owner of
the NCL Media Group, and his colleague in downtown Zagreb. Police
arrested five suspects connected with the second killing, while several
wanted persons remained at large; at year's end police had not yet
identified the persons who ordered the killings.
During October the Government unveiled new antimafia measures that
to boost cooperation among authorities responsible for security. By
November the National Security Council (NSC) had approved to the
Government's package of antimafia laws/measures, which contain
significant legislative and institutional changes. The changes include
the establishment of a National Office for the Suppression of Organized
Crime and Corruption within the Ministry of Interior in line with the
Government's strategy for the fight against corruption and organized
crime, and at year's end, the office was partially staffed. Reforms
within the police resulted in the replacement or reassignment of 75
percent of police managers with a focus for the appointments based on
professional background and expertise rather than political
connections. The police reported very good cooperation with the Bosnian
and Serbian law enforcement officials regarding investigations into the
high-profile killings in Zagreb.
Arrest and Detention.--Police obtained arrest warrants by
presenting probable cause to an investigative magistrate; however,
police can make arrests without a warrant if they believe a suspect
might flee, destroy evidence, or commit other crimes. The police have
24 hours to justify an arrest to a magistrate.
Police must provide those arrested with access to an attorney of
their choice within 24 hours of arrest. The magistrate appoints an
attorney to represent an indigent detainee if the case involves long-
term sentences. The Government generally enforced this right in
practice. The investigative judge must decide whether to extend a
detention for further investigation within 48 hours of an arrest.
Investigative detention generally lasted up to 30 days; however, trial
courts could extend the period up to 12 months in certain cases. The
law allows six months' pretrial detention, but a court can extend it to
12 months in certain cases, primarily war crimes and organized crime
cases, at the state prosecutor's request. The courts may release
detainees on their own recognizance pending further proceedings,
although most criminal suspects were held in custody pending trial. The
option of posting bail after an indictment is available, but detainees
did not commonly exercise the right. Detention centers also allowed
visits by family members.
On June 29, the Split County Court convicted U.S. citizen Mitar
Arambasic for war crimes against civilians and prisoners in a retrial
of his 1997 in-absentia conviction on the same charges. The court
upheld the original in-absentia judgment as well as the original 20-
year sentence.
On October 24, the Sisak County Court acquitted U.S. citizen Zeljko
Vrljanovic of being a member of a Serbian army reconnaissance group
that in 1993 murdered a local Croatian army officer, his wife, and
their two children. The court convicted a second defendant, Branislav
Miscevic, and sentenced him to the maximum penalty of 20 years in
prison.
Amnesty.--The law provides for amnesty except in cases of war
crimes. In practice, when investigations failed to substantiate
original charges of war crimes, courts convicted the defendants on
reduced charges, thereby facilitating amnesty. This practice resolved
the case for the court without further investigation and allows the
defendant to go free, but it disregarded the future repercussions that
a criminal record could have on potentially innocent defendants,
particularly with regard to employment.
During the year, the Organization for Security and Cooperation in
Europe (OSCE) reported one amnesty case, that of Dusan Maslovar, whom
the Government extradited from Greece based on a war crimes
investigation. After extradition the Government reclassified the
investigation as armed rebellion, applied amnesty, and released him
from detention.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary. The judiciary continued to suffer from a
heavy backlog of cases. The Ministry of Justice reported that as of
September 30, 941,827 cases remained unresolved before courts.
The judicial system consists of municipal and county courts,
commercial and misdemeanor courts, an administrative court, and the
Supreme Court. The Constitutional Court determines the
constitutionality of laws, governmental acts, and elections. A parallel
commercial court system adjudicates commercial and contractual
disputes. The State Judicial Council appoints, disciplines, and, if
necessary, removes judges. The parliament appoints the chief state
prosecutor, who appoints chief state attorneys at the county and
municipal level; the State Prosecutorial Council, a disciplinary body
appointed by the parliament, appoints and disciplines deputy
prosecutors.
Trial Procedures.--The constitution and law provide for the right
to a public trial, and an independent judiciary generally enforced this
right. The legal system uses panels of judges, which in some cases
include lay judges, rather than juries, to hear cases. Defendants have
the right to counsel, to be present at trial, to confront or question
witnesses against them, and to present witnesses and evidence on their
behalf. Defendants have access to evidence relevant to their cases and
enjoy the presumption of innocence right to appeal.
OSCE observers reported that several problems existed with the
country's institutions for determining war crimes accountability,
although they continued to take steps conducive to achieving an
equitable system. There were indications both of ``over-'' and ``under-
prosecution.'' Although there were Croats on trial for war crimes,
Serbs constituted the majority of the accused persons. Several
indictments and/or trials of Croatians accused of war crimes occurred
during the year. In addition, on October 9, the Office of the Chief
State Prosecutor issued instructions to all offices on war crimes to
ensure uniform practices regardless of national origin of the suspect.
During the year, the OSCE reported that the Supreme Court reversed
trial court verdicts and remanded for retrial approximately 40 percent
of individual appeals. The OSCE monitored 33 cases at the Supreme Court
involving appeals of trial court verdicts for 58 individuals (41 ethnic
Serbs, 15 ethnic Croats, one ethnic Bosniak, and one ethnic Albanian).
Of these the court ruled on 19 individual appeals. The longest pending
appeals tended to be state appeals of acquittals and appeals in which
less than the minimum sentence had been imposed. At year's end, several
undecided appeals had been pending up to four years. The OSCE reported
that in appeals where less than the minimum sentence had been imposed,
many of the defendants were imprisoned for almost the entire sentence
before the Supreme Court review.
The OSCE reported that almost half of defendants on trial during
the year for war crimes were in absentia. For example, in the Vukovar
County Court, an in-absentia trial was ongoing against one Serb, with
two other trials ongoing partially in absentia, with 23 out of 25 Serb
accused not present. In the Sisak County Court, one trial involving two
Serbs was partially in absentia (one Serb was present), while another
trial in the Osijek County Court was ongoing against three Serbs, one
of whom was not present.
On May 15, the chief state prosecutors from Bosnia and Herzegovina,
Croatia, Macedonia, Montenegro, and Serbia together with the ICTY chief
prosecutor met to discuss enhancing intergovernmental cooperation for
the purpose of ensuring individual accountability for war crimes and
coordinating efforts on the regional level to bridge the existing
impunity gap. The conference was the second one organized under the
auspices of the Croatian chief state prosecutor. The main issues
covered at the conference were the creation of respective case
inventories, data sharing procedures, exchange of best practices, and
development of various prosecutorial tools.
During the year, the chief state prosecutor reported excellent
cooperation with other countries in the region, especially Serbia and
Montenegro.
A 2007 UN Development Program (UNDP) survey on support to victims
and witnesses of crimes found that the country's regulations remained
inadequate, particularly with regard to the provision of free legal
aid, payment of compensation for damages, and protection of witnesses
and their privacy. The Ministries of Justice and Interior have separate
units to support and protect witnesses and victims. During the year the
UNDP office in Zagreb, together with the Ministry of Justice and
presidents of four courts, hired eight professionals who were
responsible for providing support to witness and victims, not only to
the persons who testify in war crimes trials but also to witnesses who
testify in complex criminal cases. In the first three months of the
pilot program, the offices assisted more than 100 persons.
On November 4, the trial began again in Zagreb of the country's
highest-ranking politician ever charged with war crimes,
parliamentarian Branimir Glavas, and five codefendants for the murder
of ethnic Serbs in Osijek in the early 1990s.
OSCE trial monitors reported that, although trial testimony was
confidential, the public indictment as well as publication of
statements from the judicial investigation by the media and on Glavas'
Web site made the basic content of the trial widely known. In September
the court ordered the restart of the trial because a recess in the case
had lasted more than two months, which is impermissible under the law.
The trial was ongoing at year's end.
On July 7, the Osijek County Court convicted Antun Gudelj, former
Osijek police officer, of murdering the chief of the Osijek police,
Josip-Reihl-Kir, and two local officials and attempted murder of a
fourth. The conviction was a retrial of an in-absentia conviction after
authorities extradited Gudelj from Australia. The court sentenced
Gudelj to 20 years' imprisonment.
Vukovar County Court indicted five former Croatian soldiers for the
1992 murder of the Olujic family, whose members were ethnic Serbs, in
the village of Cerna. The court sentenced five Croats to imprisonment
for periods ranging from seven to 20 years. At year's end an appeal was
pending at the Supreme Court.
On April 18, the Vukovar County Court restarted for the third time
the trial that began in 2005 against 22 Serbs and Ruthenians, 17 of
whom were not present, charged with genocide for participation as part
of Serb paramilitary forces in the killing, severe injury, and forced
resettlement of Ruthenians and other non-Serbs from the village of
Miklusevci (near Vukovar) in late 1991 and 1992. On January 17, the
Vukovar State Prosecutor dropped charges against two accused who had
been at the trial as well as on an in-absentia defendant, on the
grounds that the charges against them did not rise to the level of
genocide. On January 11, the Vukovar County Court for the first time
appointed an attorney to represent each of the accused. Previously,
although the court considered the defendants coperpetrators, a single
attorney represented all six.
During the year state prosecutors continued to review all open war
crimes cases, eliminating unsubstantiated charges. On October 9, the
chief state prosecutor issued written mandatory instructions regulating
the application of the Basic Criminal Code and the Criminal Procedure
Code, and the criteria for criminal prosecution of war crimes cases.
The document lays out prosecution standards for war crimes cases and
review mechanisms for in-absentia war crimes cases. The prosecutor sent
the instruction to respective county state attorney offices throughout
the country.
Since constitutions of most South East European countries involved
in the 1991-95 conflict prohibit extradition of their citizens, the
chief state prosecutor has signed agreements with counterparts in
Montenegro and Serbia to enable the transfer of evidence in such cases,
thereby allowing suspects to be tried where they lived rather than
where the crime was committed. During the year the Chief State
Prosecutor's Office worked with counterparts in Serbia and Montenegro
to transfer investigative materials and evidence needed for prosecution
of persons suspected of war crimes by Croatia. During the year these
agreements resulted in charges being filed against eight defendants in
Montenegro and more than 10 indictments in Serbia, with one conviction.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There was an independent
and impartial judiciary in civil matters, although continuing case
backlogs raised concerns about judicial effectiveness and efficiency.
Property Restitution.--During the year the Government worked
towards completion of its program to return occupied private properties
to their rightful owners; however, the property law implicitly favors
ethnic Croats over ethnic Serbs by giving precedence to the right of
temporary occupants, who were mainly ethnic Croats, to that of original
owners, predominantly ethnic Serbs who lost possession during the
1990s. In 11 cases, owners could not repossess their homes and were
waiting for completion of administrative procedures. At the same time,
34 owners of agricultural land with unclear title could not take
possession of their plots, mostly in the Zadar hinterland. During the
year the Government took steps to speed up the process. In June it
provided a detailed plan to offer compensation to current users for the
investments made on the land over the years, a potential subject of
lengthy lawsuits.
Restitution of property seized during World War II and the
Communist era remained an issue.
The law on restitution and compensation of property taken during
the time of the Yugoslav Communist government permits the restitution
of property only to individuals who were citizens at the time the
parliament passed the law. As a result the law does not apply to
persons who had property expropriated but left the country and became
citizens of other countries. Many claimants have since acquired
Croatian citizenship but still cannot file claims.
Restitution of communal property remained a problem for all major
religious groups except the Islamic Community.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law generally
provide for freedom of speech and the press; however, some government
influence over the media continued, and there were reports of
increasing pressure from commercial interests.
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.
A wide range of private newspapers and magazines were published
without government interference. Media ownership was not fully
transparent in spite of the media law, making it possible for political
or other interests to conceal their influence on media outlets.
The law regulates the national television (HTV) and radio (HRT)
network separately from other electronic media. Independent television
and radio stations operated in the country, and two of the four
national television channels were private.
Local governments partly or fully owned approximately 70 percent of
the local media, making local broadcast media particularly vulnerable
to political pressure. Approximately 46 percent of local radio stations
depended on the financial support of local authorities. On August 10,
newspapers reported that the Social Democratic Party (SDP), the largest
opposition party, complained to the Electronic Media Council that the
ruling party, the Croatian Democratic Union (HDZ), controlled the
majority of local television stations. In May a group of respected
journalists sent a letter to the European Union warning that
individuals close to the HDZ were taking over a large number of local
radio stations in order to influence local elections scheduled for the
spring of 2009. The journalists requested that the Ministry of Culture,
which is responsible for media legislation and the Electronic Media
Agency, urgently review these media outlets' ownership structures,
program activities, and financial management.
On World Press Freedom Day in May, the Croatian Journalists
Association (CJA) pointed out that the concentration of ownership and
the power of big advertisers increasingly jeopardized freedom of the
media. The CJA also warned that ``pressures on certain media owned by
the state and local authorities continue, but the economic pressures on
the owners, and through them, indirectly, on journalists, have become
more prominent.''
On January 3, police returned equipment, including computers,
compact discs and some of the documents they had seized from free-lance
journalist Zeljko Peratovic. Police arrested Peratovic in October 2007
and released him the day after his arrest. According to Peratovic, the
police erased material from his computers and refused to return between
2,500 and 3,000 pages of documents.
In February the local press reported that Nebojsa Magdic, a Radio
Ogulin journalist, had his salary reduced by 20 percent for January
because he criticized the minister of science, education, and sports
and a member of parliament. The town of Ogulin owned 75 percent of
Radio Ogulin, according to Rijeka-based Novi List.
War crime topics remained a sensitive issue for media, and
journalists faced pressure because of their reporting on them. On
February 12, journalist Drago Hedl received a death threat letter. Hedl
has investigated war crimes committed against civilians in the eastern
city of Osijek in 1991. Several other individuals involved in the trial
received the same letter. The CJA requested police protection for Hedl.
The police arrested a suspect in the May 25 attack on Filip Brala,
a photojournalist for Zadarski List and Zagreb-based national daily
newspaper 24 Sata, who was attacked while filming a soccer game in
Gorica. Police also detained a suspect in the May 20 attack of on
Danijela Banko, Zadar-based Narodni List journalist. She sustained
severe bruises and required hospitalization. The CJA warned that this
attack was just ``one in a series of increasing attacks on
journalists'' in the country.
On June 2, two unidentified men beat investigative journalist Dusan
Miljus with baseball bats in a parking lot near his house in Zagreb.
Authorities hospitalized Miljus with a concussion, a broken arm, and
facial injuries. Miljus covered organized crime and corruption for
Zagreb-based national daily newspaper Jutarnji List and had reported on
many sensitive topics over the preceding year, including investigations
into alleged illegal arms production and trafficking in the country.
Prime Minister Sanader stated that the Government would take every
measure possible to bring to justice those responsible for the attack
on Miljus. President Mesic also criticized the assault, adding that he
considered it an attack not only on investigative journalism, but on
freedom of media in general.
On July 9, one of Miljus' relatives received a telephone call
threatening to harm members of Miljus' family if he did not stop his
investigative journalism. The unknown male caller also clearly
indicated that he had information about Miljus' family members. The
Secretary General of the South East Europe Media Organization (SEEMO)
stated that he was ``alarmed about these new threats and the police's
continued failure to track the assailants responsible for the June
attack on Miljus.'' At year's end the investigation was ongoing, and
Miljus was under 24-hour police protection.
On June 9, police presented Makarska Kronika, a local Makarska-
based weekly, with a Split County Court search warrant requesting
information on the identity of the person who posted a commentary on
the weekly's Internet portal with information about alleged criminal
activities involving construction businesses and local authorities.
Makarska Kronika refused to identify the person. The CJA criticized the
operation, accusing police of pressuring the newspaper.
On October 29, police arrested and charged individuals suspected of
being involved in the October 23 killing of Ivo Pukanic, a publisher
and co-owner of the NCL Media Group in Zagreb, and Niko Franjic, the
marketing director of the weekly newspaper Nacional, which NCL
published. At year's end, police were investigating the killings.
On November 27, Drago Hedl, ``Jutarnji list'' commentator and
journalist, received a text message threatening to ``massacre'' him. On
November 20, Hrvoje Appelt, a journalist for Globus, found a device
that looked like a bomb under his car. Appelt had recently published
articles about smuggling activities in the country. According to press
reports, both Appelt and Hedl received police protection after the
threats. The CJA condemned both threats and requested the police to
find the perpetrators as soon as possible and protect journalists. On
December 4, police reported that a police officer, Krunoslave Fehir,
was responsible for the message sent to Hedl. Fehir is a key witness in
a war crimes trial, and his lawyer claimed that Fehir wanted to bring
attention to himself. Authorities charged Fehir, suspended him from his
duties, and initiated a disciplinary procedure against him.
Libel is a criminal offense; in recent years there were no reports
of politically motivated libel cases. However, a large number of libel
cases from previous years remained unresolved due to judicial backlogs.
Courts may fine, but not imprison, persons convicted of slander and
libel.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. In general individuals and groups could engage in
the peaceful expression of views via the Internet, including by e-mail.
Internet access was widely available and used by citizens throughout
the country.
On November 28, police questioned a man from Dubrovnik and searched
his home and computer under suspicion that he posted a photomontage of
Prime Minister Sanader in Nazi uniform on the social networking site
Facebook. Fascist propaganda and Nazi symbols are banned under the law.
No charges were brought in the case.
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
prohibits political protests in Zagreb's St. Mark's Square, adjacent to
the parliament and government offices. In December police briefly
detained a young man posting fliers for an antigovernment protest in
Zagreb. A similar incident for the same protest was reported in Zadar.
Police incorrectly believed the protest did not have the correct
permits. The organizers of the protest used Internet social networking
sites. Police later apologized for the detention, and the officers
involved were reprimanded. The protest occurred without incident a few
days later.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice; however, the law grants discretionary power to the
Ministry of Justice over the establishment and internal governance of
foundations. While authorities applied the law equally to all
organizations, the law itself is 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.--The constitution and law provide for
freedom of conscience and religion and free public profession of
religious conviction, and the Government generally respected these
rights in practice. There is no official state religion; however, the
Roman Catholic Church has a historic and close relationship with the
state that other religious groups did not share.
In May the Government offered a joint agreement, similar to
agreements it has with other religious communities in the country, to
the Coordinating Committee of Jewish Communities in Croatia (CCJC) and
the more recently formed Jewish religious community, Bet Israel. The
CCJC declined the offer insisting on an independent agreement. The CCJC
also objected to government funding for the communities, asserting that
the smaller Bet Israel received funding disproportionate to its size.
On October 24, Bet Israel signed the agreement with the Government.
The law requires a group to have at least 500 members and to have
been registered as an association for five years to register as a
religious community. Registered communities have legal personality and
enjoy tax and other benefits. However, all religious groups in the
country prior to the 2003 passage of the law were in the process of
registering without having to meet such conditions. By year's end a
total of 43 religious communities registered, and 12 additional
communities were awaiting registration. The Croatian Helsinki Committee
and several smaller religious groups, who were registered but were not
able to sign an agreement with the state, criticized the criteria for
signing such agreements and alleged that authorities applied them
inconsistently.
The Government required schools to provide religious training,
although attendance was optional. Because 85 percent of the population
is Roman Catholic, the Catholic catechism was the predominant religious
teaching in public schools. Schools that met the quota of seven
students per class of a minority faith allowed separate religion
classes to be held for the students. Serbian Orthodox Church (SPC)
officials continued to report that many schoolchildren and their
parents, particularly in cities where Serbian Orthodox believers do not
live in compact communities, remained reluctant to identify themselves
as Serb Orthodox to avoid being singled out. However, church officials
also reported that the situation had improved, with an increase of
students attending such classes in areas with a Serb majority, such as
Knin and Donji Lapac.
The Government made little progress restituting property
nationalized during the World War II era to most major religious
communities, although Roman Catholic Church officials reported in June
that the Government was willing to settle the outstanding claims. The
Government made progress in restoring property to the Catholic Church,
including the return of the King Tomislav army barracks. The SPC, the
second largest claimant of property after the Catholic Church, reported
that the Government had not restituted any property during the year. On
November 10, the SPC issued a press release protesting the sale and
demolition of the Zagreb Cinema building. There was no progress
returning nationalized property to the CCJC in Zagreb. In 2006 the
prime minister announced partial government funding for the
reconstruction of the synagogue in Zagreb, which was destroyed during
World War II. The CCJC refused the Government's plans, disputing some
of its conditions, including participation of Bet Israel in the
project.
Societal Abuses and Discrimination.--Societal violence and physical
abuse of religious minorities were problems.
The SPC in Dalmatia and its hinterlands continued to report
sporadic attacks on its property and clergy.
On March 21, an Orthodox Church from the Eparchy of Dalmatia
reported that unidentified persons broke into the Benkovac parish yard
and smashed a car windshield. The attack occurred days after an article
in the local paper that blamed the priest residing there for erasing
the country's coat of arms from his license plates. The police
investigated but did not find the persons responsible.
Serbian Orthodox clergy in Dalmatia and ethnic Serb leaders
continued to remark that the positive overtures of the central
government stood in contrast to that of local authorities, law
enforcement, and judiciary, which continued to discriminate against
Serbs. For example, Serbian Orthodox clergy who arrived from Serbia,
Bosnia and Herzegovina, and Montenegro faced bureaucratic obstacles in
obtaining longer-term residency permits that entitled holders to
benefits such as health care and pensions. Authorities required the
priests to renew their status at relatively short intervals that
interrupted their stay, preventing them from accumulating the years of
residency needed for a more permanent status. In January a new Law on
Foreigners entered into force that limits the stay of foreigners to six
months, followed by six months outside the country. The law did not
list foreign clergy among categories of citizens exempt from this
limitation.
The Jewish community has approximately 2,000 members. There were
acts with anti-Semitic overtones reported during the year. For example,
local NGOs and the police spotted fans who brandished pro-Nazi Ustasha
symbols and chanted offensive slogans at the concert of the
controversial ultranationalist singer Thompson in Zagreb at the end
May. The Zagreb city government, which cosponsored the concert,
subsequently criticized the display of Ustasha iconography at the
event. In July the misdemeanor court in Zagreb fined a young man 1,600
kunas ($308) for wearing a hat with the Ustasha symbol at the concert.
In June the media reported that an estimated 12 high school graduates
from Makarska published their pictures with swastikas in their
yearbook. The students publicly apologized, and prosecutors did not
find grounds to take legal action. Alluding to that case and the
presence of youth at the Thompson concert, the president of the
Coordination of Jewish Communities, Ognjen Kraus, in August wrote a
letter to the minister of education, criticizing the school system and
recent school reforms for failing to educate the young about the
Holocaust and the nature of the Ustasha regime. The prime minister and
senior government officials also criticized displays of Ustaha symbols
as ``misguided'' and damaging to the country's national interests.
On July 20, the former commander of the World War II Ustasha-run
concentration camp Jasenovac, Dinko Sakic, died in a prison hospital
while serving a 20-year sentence and was reportedly buried in his
Ustasha uniform in Zagreb. The president of the Simon Wiesenthal
Center, Efraim Zuroff, wrote President Stipe Mesic in August to protest
that the priest presiding over the burial praised Sakic as model for
all Croatians. The President's Office responded that it ``expected
responsible institutions to take the necessary steps to prevent Dinko
Sakic's funeral from damaging the country's reputation or inflicting
long-term damaging effects on a disoriented young population.'' State
prosecutors investigated the case but did not find sufficient evidence
to press charges, since any display of the uniform had been in private.
In August an individual placed a plaque dedicated to the Black
Legion Ustasha commander Jure Francetic close to the Holy Trinity
church in Slunj. Citizens immediately notified police, who removed the
plaque, but filed no charges against the person.
On September 21, local authorities in Pakovo Selo near Drnis
removed a monument dedicated to a local platoon that fought in the
1991-95 war. The monument was in the shape of the letter ``U'' and
resembled an Ustasha symbol; local residents claimed the resemblance
was not intentional.
In April the county prosecutor in Pozega decided that there were no
grounds to bring charges in the February 2007 case of production of
sugar packets with Hitler's image, because the prosecutor could not
establish that the factory owner had the intention to spread hatred.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Refugees returning to the country as citizens of another former
Yugoslav republic rather than as Croatian citizens encountered
obstacles obtaining permanent residency status. The law permitted
former habitual residents who returned and applied by June 2005 to be
reinstated to their prewar status as habitual residents without further
requirements and could subsequently apply for citizenship. However, the
Government did not consistently apply this provision. This caused
uncertainty and delayed integration of returnees. On January 1, the Law
on Foreigners, which includes a clause that exempts refugees from rigid
citizenship requirements under the previous law, entered into force.
The Government took steps to recognize or ``convalidate'' legal and
administrative documents issued by entities not under the country's
control during the 1991-95 conflict. In May and June, the Government
issued a rulebook and a decree allowing citizens to apply for
recognition of work experience leading to accessing pensions. The
regulations effectively annulled the 1999 deadline for submission of
such applications. International observers reported that the Government
initiated implementation of the new procedure, and the UNHCR registered
9,200 new applications for convalidation. A total of 616 of these were
resolved positively, while 794 were resolved negatively. International
observers noted that some administrative bodies continued to interpret
the law in a restrictive fashion despite the Government's instruction.
By September the UNHCR registered a cumulative total of 143,632
refugee returns to the country, including 951 persons returning up to
that point in the year. The UNHCR noted that refugees continued return
at an average level of 2,000 persons a year. According to a 2007 UNCHR
study, 53 percent of returns were sustainable, and the remainder were
either one-time or ``commuter'' returns. International organizations
listed the poor state of the regional economy, which resulted in lack
of employment and slow access to permanent housing for former tenants
of socially owned apartments, as the main obstacles to return. To
address these problems, the Government began implementing a 60 million
euro ($85 million) social and economic recovery project jointly funded
by the Government and the World Bank. The project is aimed at
revitalizing the economy of disadvantaged areas affected by the war and
promoting interethnic social cohesion. Public hostility toward
returning ethnic Serb refugees diminished in most parts of the country
but was still pronounced in the Zadar and Sibenik hinterland region in
Dalmatia.
Repossession of Serb houses was almost complete, and reconstruction
of Serb houses continued. As of September authorities had finished
repairing damage to 300 out of 400 properties that were eligible for
repair under the Government protocol for looted properties. There were
cases of persons attempting to use the courts to recover alleged
investments they had made while illegally occupying property, and 21
such cases were pending in the courts. Although the Government adopted
a process in 2006 to resolve the cases out of court with investors, it
remained reluctant to offer settlements to investors before the cases
reached court.
The Government slowly continued the 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. Individuals submitted 13,397 claims for government-
provided housing under the program, 4,559 of which were in urban areas.
According to the UNHCR, from 1995 through the end of October, the
Government had allocated 5,557 housing units, mainly in war-affected
areas. The Ministry of Regional Development, Forestry, and Water
Management delivered approximately 97 percent of its 2007 target of
1,400 housing units; by October it had delivered approximately 823 of
the targeted 1,400 housing units for the year.
Internally Displaced Persons (IDPs).--Authorities took an
inconsistent and nonuniform approach to minority IDPs, hampering their
return. There remained a significant number of IDPs, although not all
were under the Government's direct care. As of May, 2,687 IDPs had
registered with the Government; of this number, 1,638 were ethnic
Serbs.
The Government allowed free access to all displaced persons by
domestic and international humanitarian organizations and permitted
them to provide assistance.
Protection of Refugees.--The law generally provides for the
granting of asylum in accordance with the 1951 UN Convention relating
to the Status of Refugees and its 1967 protocol, and the Government has
established a system for providing protection to refugees. In practice
the Government provided protection against expulsion or return of
refugees to countries where their lives or freedom would be threatened.
In January a new law on asylum came into force that observers believed
was in line with asylum provisions of the UN refugee convention.
Persons seeking protection generally considered the country a country
of transit for asylum seekers, and a significant number of asylum
seekers left the country before courts had reached decisions on their
claims.
During the year 105 persons applied for asylum; of these, the
Government granted two persons subsidiary protection (protection
granted to an applicant whose situation is not covered by the 1951 UN
Geneva Convention on the Status of Refugees), rejected 10 persons, and
dismissed the claims of 50 persons, while nine persons appealed. There
were 43 cases pending decisions. In May and June, the Government
granted refugee status to an applicant from Afghanistan and to an
ethnic Kurd from Turkey. These were only the second and third instances
since the country's independence that refugee status was granted to an
applicant from outside the former Yugoslavia. There is a reception
center for asylum seekers in Kutina, near Zagreb.
In May the Government introduced a new appeals body, which replaced
the previous government appeals commission. Observers believed that the
new Commission for Asylum is an improvement over the previous
commission because it enjoys a higher level of autonomy and includes
representatives from civil society and academia. The new commission is
scheduled to conduct substantive reviews of cases of asylum seekers
whom it initially rejected. The UNHCR closely followed cases of
individuals whom the Government deported or whom authorities returned
to their country of origin.
There were no reports of persons requesting temporary protection
during the year.
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.--On January 12, coalition
negotiations following the November 2007 parliamentary elections
produced a government led by the Croatian Democratic Union (HDZ), with
the Croatian Peasant Party, Independent Democratic Party of Serbs
(SDSS), and the Croatian Social Liberal Party represented in the new
cabinet. While no significant irregularities were reported, the local
NGO Citizens Organized to Monitor Elections (GONG) estimated that
registrations of approximately 20 percent of voters abroad (mainly in
Bosnia-Herzegovina) were outdated on election day.
Political parties could operate without restriction or outside
interference.
There were 32 women in the 153-seat parliament. There were four
women in the 18-seat cabinet, including two deputy prime ministers and
the minister of justice. There were six women among the 13
Constitutional Court justices, including the president of the court,
and 18 women among the 39 Supreme Court justices.
There were 10 members of minorities in the parliament, eight of
whom were elected under special arrangements guaranteeing seats to
minority representatives. The law requires that ethnic minorities have
representation in local government bodies if the census showed that a
minority group constituted at least 5 percent of the local population.
While authorities generally implemented this provision, the Government
did not take updated voter lists into account in calculating the number
of elected minority representatives, as required by law. Use of the
voters' lists could have resulted in greater minority representation
due to the return of refugees since the 2001 census.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
always implement the laws effectively. The Government's Office for the
Prevention of Corruption and Organized Crime (USKOK) continued to
improve its capacity and authority to manage criminal investigations
since a revised law on USKOK took effect in August 2007. The law
expanded USKOK's jurisdiction, making it responsible for prosecuting
acts involving the abuse of power or position by a government official.
Corruption remained a serious issue, with a nexus of institutions,
primarily in health care, university faculties, and the judiciary, and
businesspeople often at the center of corruption cases. Corruption
cases in the country involved nearly all segments of society, economy,
and government, but a legal framework for fighting corruption was in
place. The number of cases prosecuted by USKOK increased substantially
in comparison with previous years. During the year USKOK concluded
several cases against high profile civil servants, university
professors, students, judges, and other professionals. On August 26,
the county court in Rijeka sentenced surgeon Ognjen Simic to nine years
in prison in a landmark trial for taking bribes between 1998 and 2006
from 18 patients who needed urgent heart surgery. The sentence was the
most severe in a corruption trial to date; Simic fled the country and
was reportedly a fugitive in Bosnia and Herzegovina, where he also
holds citizenship and cannot be extradited under Bosnian law.
During the year authorities indicted 10 persons, including three
vice-presidents of the Croatian Privatization Fund, on charges of
corruption, bribe taking and giving, and abuse of authority, after the
completion of a USKOK investigation. Another vice-president of the fund
was under investigation in the operation, known as ``Maestro.'' The
trial for two of the defendants began on November 5, and the trial for
eight other defendants began on November 10. Both trials were ongoing
at year's end.
The law requires public officials to declare their assets. Most
government officials complied, although there were questions as to
thoroughness and effectiveness of the system and imprecision as to 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. The NGO GONG published
results of a survey in September showing that 78 government
institutions did not answer in a timely fashion, or at all, to more
than 50 percent of 168 requests for information addressed to them.
According to GONG, 17 of 31 government sessions in the first six months
of the year were partly closed to the public, and in five cases their
agendas were not published on the Government's official Web site.
During the year, USKOK ended its 2005 investigation of possible
large-scale illegal sales of refugee Serb houses to the Government's
Agency for Refugee Property (APN) without conclusive results. On May
14, an administrative court in Zagreb ruled that the APN did not have
to allow Serb owners access to APN documents, including purchase and
sales contracts that could potentially reveal illegal transactions. On
October 28, the State Attorney's Office decided not to appeal this
decision before the Supreme Court. An NGO representing Serb owners was
preparing a lawsuit to be filed before the ECHR at the year's end.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were often cooperative and responsive to their views.
The office for Cooperation with NGOs and other government
ministries and offices was active in coordinating and promoting NGO and
governmental efforts on human rights and civil society. The Human
Rights Center received both UN and government funds during the year.
The Office for Human Rights was the primary government body responsible
for developing, coordinating, and implementing the Government's human
rights policies. While the office did not have authority to investigate
alleged human rights abuses directly, it cooperated effectively with
NGOs and the international community to conduct awareness campaigns to
promote gender equality and women's rights, encourage general
tolerance, and prevent trafficking in persons. The office also served
as a liaison body between governmental offices and citizens who
reported different violations and complaints. The office awarded
project grants to NGOs to address various human rights problems. It was
adequately funded and enjoyed the cooperation of other government
agencies.
During the year the Office of the Chief State Prosecutor prosecuted
war crimes committed by ethnic Croats, including several high profile
cases, and continued its cooperation with the ICTY. On June 4, however,
an ICTY prosecutor complained that some key documents requested for use
in ongoing ICTY trials had yet to be handed over by the Government.
The county court in Zagreb reached a verdict in the case of two
former army generals, Rahim Ademi and Mirko Norac, whose trial was the
first case to be formally transferred to Croatia by the ICTY for an in-
country trial. On May 30, the court acquitted Ademi and sentenced Norac
to seven years in prison for failing to prevent and punish the
perpetrators of atrocities committed against Serb prisoners ?during a
1993 military operation. On September 26, the state prosecutors
appealed Ademi's acquittal and the length of Norac's sentence, as well
as his acquittal of some charges.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on gender, age, race,
disability, language, or social status; however, discrimination against
women, ethnic Serbs, and Roma continued.
Women.--Rape, including spousal rape, is a crime punishable by one
to 10 years' imprisonment; however, according to NGOs many women did
not report rape or spousal rape. The law provides longer sentences for
sexual violence against persons with disabilities. In rape cases under
aggravated circumstances that result in death or pregnancy or if the
victim is a minor, sentences may be between three and 15 years. Due to
social pressure and stigmatization, rape and sexual violence were
underreported. Some NGOs that specialized in curbing sexual violence
remained concerned that there appeared to be no uniform application of
rape kits or a uniform gynecological protocol for the treatment of rape
victims. The availability of victim assistance services, such as rape
crisis centers, varied widely from community to community.
In the first 11 months of the year, 75 rapes and 20 attempted rapes
were reported to police. NGO officials estimated that for every
reported rape, there were three unreported; on average 100 to 140 cases
of sexual violence and rape occur annually. Other leading women's NGOs
estimated that the number of unreported rapes was much higher. The NGO
Women's Room stated that women frequently did not report rape and
spousal rape because they lacked information about available legal
protections, felt ashamed, feared reprisal, or, in case of spousal
rape, were concerned over the economic consequences. Victims were often
reluctant to report rape, particularly spousal rape, because it was
difficult to prove in court and because medical staff, police, and
judiciary 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, continued to be a
problem. The law provides that persons other than the victim, including
the police, may initiate a domestic violence case, which is treated as
a misdemeanor. Penalties range from fines of 1,000 to 10,000 kunas
($193 to $1,930) or up to 60 days in prison. Under the criminal law,
perpetrators can face up to three years in prison for the same acts.
Police officials tended to classify domestic violence against women as
misdemeanors, resulting in minimal sentences. Minimum sentences were
particularly common in cases of rape. Police officers in most urban
areas were trained to handle family violence and to provide quick
intervention, secure victims' safety, and remove perpetrators from
families; in rural areas police officers were generally less trained in
handling family violence cases.
Support for victims of violence was limited. In general private
donations financed most services, but the Government took some steps to
address the rising number of domestic violence cases. The Ombudswoman
for Gender Equality stated that women reported that abuse more
frequently and that her office received more complaints of domestic
violence in the first six months of the year (800) than it did in all
of 2007 (600).
NGOs and local governments operated 15 shelters, but, according to
the ombudsman, only five were permanent. On November 25, the Government
signed contracts with county, city, and civil organizations to
cofinance shelters and counseling centers for victims of domestic
violence. The Government planned to allocate 1.64 million kunas
($308,000) for shelters and counseling centers in 2009. Hot lines,
counseling, and legal assistance were available to victims of domestic
violence.
Prostitution is illegal but widespread and generally punishable by
fines. Women's organizations claimed that prostitutes faced abuse,
stigmatization, and public humiliation. There were reports that women
were trafficked for commercial sexual exploitation.
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 and leather, trade, and catering industries.
The ombudsman for gender equality and unions reported that his office
worked on sexual harassment cases, although many women were reluctant
to take action for fear of reprisal.
Women generally held lower paying positions in the work force. On
January 23, the Zagreb Institute of Economics presented a study that
showed that employers paid women on average 21 percent less than men of
equal age, work experience, and education. The study also found that 25
percent of employed women held a university degree as opposed to 16
percent of employed men. In October 2007 the Office for Gender Equality
published a survey on discrimination indicating that two thirds of
women experienced some form of discrimination while looking for
employment. Violations during the job interviews ranged from questions
about their marital status to plans for pregnancy and comments on their
physical appearance.
The Government cooperated with NGOs to promote gender equality;
however, NGOs remained concerned that the Government lacked
transparency in the allocation of funds for their programs and in
sharing information about new procedures. While the NGOs participated
in drafting legislation promoting gender equality, they believed that
their impact on the ultimate result was limited.
The Office for Gender Equality is responsible for implementing the
Gender Equality Law 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. On July 15, a new act on Gender
Equality came into effect. The new law includes quotas to secure
increased political representation of women. According to the law,
women must comprise at least 40 percent of the voting list for each
political party by the third round of elections on local and national
levels as well as for the European parliament. During the year only 10
percent of the members of local representational bodies were female.
Political parties, state bodies, local authorities, employers, and the
media can be fined for violating the new law. However, local NGOs
claimed that the fines were too small to be a deterrent and that the
Government rarely enforced previous laws with quotas.
Children.--The Government was generally committed to the rights and
welfare of children.
During the year the Government took steps to improve the right of
national minorities to education in their own languages. On May 16, the
Ministry of Science, Education, and Sports published state education
standards that defined in greater detail the terms for organizing
minority education and provides a greater level of legal security to
minorities than those put forth in the Constitutional Law on National
Minorities. In June the ministry established a separate department for
minorities.
While education is free and mandatory through grade eight, Romani
children faced serious obstacles to continuing their education,
including discrimination in schools and a lack of family support. The
number of Romani children enrolled in preschool education for the 2008-
09 school year rose to 595 from 509 in 2007. Countrywide statistics for
primary schools were not available, but the Ministry of Science,
Education, and Sports reported that in the region of Medjimurje, the
region with the largest concentration of Roma population, the number of
new Romani pupils increased to 1,421 from 1,360 in the past year.
Statistics for another three counties with a high Roma population
showed an average 10 percent increase. The Ministry of Education
ascribed the increase to incentives from the Government's Decade for
Roma action plan, which included a 500 kunas ($96) monthly scholarship
for high school students and a 1,000 kunas ($200) monthly scholarship
for university students. The Government distributed 265 scholarships to
high school Romani students, 110 more than in the previous school year.
International organizations and local NGOs reported that school
authorities continued to provide segregated, lower quality classes for
Romani students in the northern part of the country. On July 17, the
ECHR rejected a complaint by the parents of 15 Romani children that the
creation of separate classes for Romani students in several elementary
schools in the northwestern county of Medimurje was discriminatory. The
court found that the schools did not set the children apart simply for
being Roma but that the schools separated them only until their
language improved to the point where they could join a regular
classroom.
Child abuse, including sexual abuse, was a problem. During the year
police received reports of the following incidents involving children
and minors: 57 reports of sexual abuse of minors, 157 reports of lewd
behavior involving a child or a minor, 42 reports of abusing children
for pornography, and five of pimping children. Information about
verdicts related for similar acts committed during the year was not
available at year's end.
The office of the Ombudsperson for Children reported 609 new
complaints of individual violations of children's rights through
August. The office has seen yearly increases in the number of reports
due in part to the greater visibility and presence of the ombudsman.
On June 15, the Ministry of Family, War Veterans, and
Intergenerational Solidarity launched a campaign in cooperation with
the Council of Europe to prevent corporal punishment. The campaign
targets families, schools, children's homes and penitentiaries.
The country has no official statistics on child marriages, however,
social welfare services believed this to be a problem in the Romani
community. Common law marriages at the age of 16 and above were
customary, many times prompted by pregnancies. These marriages were in
some cases made official when partners reached adulthood.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, the country was a source, destination, and transit
country for trafficked women and children.
The country is mainly a transit country for women and girls
trafficked from countries in Eastern Europe and the Balkans to other
parts of Europe for prostitution and labor exploitation. The country
was also a source and destination country for trafficked women. In
December the Government reported that seven trafficking victims were
identified during the year; three victims were Croatians, three were
Bosnians, and one was Serbian. Four of the victims were men trafficked
for purposes of labor exploitation, one was a woman also trafficked for
purposes of labor exploitation, while three of the victims were women
trafficked for sexual exploitation. The Government reported that the
victims cooperated with police investigations and NGOs.
Recent trends indicated that 20- to 30-year-old women were most at
risk of being trafficked. Anecdotal information indicated that
transnational and domestic organized crime groups were responsible for
trafficking. Victims were subject to violence, intimidation,
withholding of documents, and threats by traffickers.
The law defines trafficking in persons as a crime separate from
slavery and provides penalties between one and 10 years' imprisonment
for traffickers. The minimum penalty for trafficking crimes committed
against a minor is five years' imprisonment. If a criminal organization
committed the crime and it resulted in death, the penalty is five
years' to life imprisonment. The law provides criminal sanctions of
three months' to three years' imprisonment for using the services of
trafficked persons.
As of October, the Ministry of Interior had arrested and instituted
criminal proceedings against 10 persons. The Government reported two
final trafficking convictions against three persons in which the court
sentenced the defendants to prison terms ranging from one year to 18
months. The Government also issued three indictments against seven
persons during the year.
The Government has a national committee for the suppression of
trafficking in persons and a national coordinator for trafficking
issues, who is also the head of the Government's human rights office.
Agencies responsible for the suppression of trafficking included the
Ministries of Foreign Affairs Justice, Interior, Health, Social Care,
and Education, and the Office of the State Prosecutor. Police
participated in international investigations through the Southeastern
European Cooperative Initiative (SECI) regional center in Bucharest.
Police continued to cooperate with both short- and long-term advisors
from Germany and Austria. In addition, police had an active role in the
Mirage working group from the SECI regional center and reported strong
cooperation with Europol and Interpol in combating trafficking in
persons.
There were no specific reports that government officials were
involved in trafficking.
During the year the Government did not deport or punish victims of
trafficking and cooperated with NGOs and with the International
Organization for Migration (IOM) mission to offer all necessary
assistance to victims. While the law criminalizes international
prostitution and unauthorized border crossings, it exempts trafficking
victims from prosecution. Similarly, the law allows authorities to
charge foreign prostitutes with a misdemeanor and initiate deportation
proceedings if they do not fulfill legal requirements for their stay in
the country, but it exempts trafficking victims from deportation.
The Government has a legal framework to provide for victim
assistance, and there were support services available for trafficking
victims. The Government continued to finance shelters for adult and
minor trafficking victims. The Croatian Red Cross, in cooperation with
the Government, operated four reception shelters for victims. The
Government offered assistance to all victims. The Government provided
services jointly with local NGOs and the IOM. During the year the
Government cofunded a one million euro ($1.4 million) Community
Assistance for Reconstruction, Development, and Stabilization program
with the EU that provided education on trafficking in persons to 314
persons, including social workers, health care workers, police
officials, and government lawyers.
The Law on Foreigners regulates the status of foreign victims of
trafficking. The law defines methods of identification and the scope of
assistance and the respective bodies that are responsible for offering
victim assistance. The law establishes a ``reflection period'' for
adult victims of 30 days and for minor victims of 90 days. The law
specifies different forms of assistance that should be offered to
foreign victims, including safe accommodation, financial support,
education and training, and assistance with regard to work. The law
also provides for temporary residence permits, initially from six
months to one year, which the Government can extend based on a
subsequent needs assessment.
The Government continued to broadcast public awareness campaigns
produced during the previous years and continued to support an NGO hot
line, alternative shelters, and two traditional shelters. Government
information campaigns targeted children and adults as potential
victims, while another targeted potential clients of those who were
trafficked.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and in the provision of other state services; however,
discrimination occurred.
The Government maintained 10 counseling centers that offered
assistance to persons with disabilities and their families. During the
year the Government also opened a separate department for persons with
disabilities at the employment agency, aimed at increasing employment
rates. A total of 1,267 persons with disabilities were employed during
the year, while the number of unemployed was 5,703. This was a slight
decrease from previous years. Employment bureau analysts ascribed this
decrease to slowdowns in the global and national economies during the
year.
On June 9, the parliament appointed the first ombudsman for persons
with disabilities. The new ombudsman established an office in Zagreb in
September and continued to staff it in October.
During the year parliamentarian Vesna Skulic continued to criticize
the lack of transparency in the management of the Government's fund for
professional rehabilitation and employment and the lack of progress in
employing persons with disabilities outside Zagreb. The practice of
placing personal assistants with persons with grave disabilities
remained a pilot project, but it doubled the number of beneficiaries to
300.
The number of persons with mental disabilities in institutions did
not decrease, despite some efforts to develop community-based
alternatives. The law provides that unemployed parents of disabled
children are granted 2,200 kunas ($424) monthly compensation. The law
also provides compensation to foster care families.
The law mandates access to buildings for persons with disabilities;
however, the Government did not always enforce this provision, and the
law did not mandate that facilities be retrofitted. As a result, access
to public facilities for persons with disabilities remained limited.
National/Racial/Ethnic Minorities.--While constitutional
protections against discrimination applied to all minorities, open
discrimination and harassment continued against ethnic Serbs and Roma.
Incidents including looting, physical threats, verbal abuse, and
spraying graffiti on Serb property continued in the Dalmatian
hinterland and in the central part of the country. International
organizations reported that the frequency and gravity of violent
incidents against ethnic Serbs diminished in most of the country with
the exception of the Zadar and Sibenik hinterland, where they remained
unchanged.
On March 26, a group of eight young men threw stones at and
verbally abused the local Serb population in the village of Bukovic in
the Benkovac area. They threatened one of the villagers with a knife
and demanded money. They smashed windows in homes and burned the
haystack of another villager. The police identified all eight
perpetrators, and charged them with ``violent behavior'' and
``disruption of the inviolability of the home'' as criminal acts.
In May the media widely reported on an incident in Vukovar
involving 30 Croatian soccer fans who attacked a group of supporters of
a Serbian soccer team. The attackers disrupted a meeting and threw
bottles and stones at the Serbian team fans. The attackers injured six
persons, including two policemen sent to secure the site and one 12-
year-old girl, whom authorities later hospitalized with head wounds.
Police arrested two attackers.
Verbal provocations against ethnic Serbs were reported in the
central and southern parts of the country. For example, in May a Croat
from the village of Svracica near Glina verbally abused an ethnic Serb
from the village of Dragotin while he waited at a bus stop. The
attacker said that the victim ``needed a bullet in his head'' and tried
to tear his shirt. The police investigated and reported the incident,
but there was no information on whether legal action was taken against
the culprit.
Local NGOs and the police spotted fans who brandished pro-Nazi
Ustasha symbols and chanted offensive slogans such as ``Kill the Serb''
at the concert of the controversial ultranationalist singer Thompson in
Zagreb at the end of May. The Zagreb city government, which cosponsored
the concert, subsequently criticized the display of Ustasha iconography
at the event. The Misdemeanor Court in Zagreb in July fined a young man
1,600 kunas ($308) for wearing a hat with the Ustasha symbol at the
concert.
On January 20, offensive graffiti including ``Serbs should hang''
and ``Kill the Serb'' appeared on the wall of a house owned by ethnic
Serbs in Pakostane, near Zadar, and vandals sprayed a letter ``U'' (for
Ustasha) on their car. The police investigated and continued to patrol
the house for several days after the incident but did not find the
perpetrators. Similar messages appeared on the wall of a newly
reconstructed house of a Serb family in Bastajski Brdjani near Pakrac
in the central part of the country. The house was uninhabited.
In May authorities transferred the July 2007 case of two young men
arrested for verbally and physically abusing two Serb returnees and
attempting to burn their house with them inside, from the county court
to the municipal court in Pozega, where prosecutors requalified the act
from attempted murder to inflicting grave injuries. The trial was
ongoing in September, but no hearings had taken place since May.
Authorities made no further progress in identifying suspects in the
September 2007 bombing of a Serbian-owned vehicle.
Discrimination continued against ethnic Serbs in several areas,
including the administration of justice, employment, and housing.
Ethnic Serbs in war-affected regions continued to be subject to
societal harassment and discrimination. Local authorities sometimes
refused to hire qualified Serbs even when no Croats applied for a
position.
Six years after the parliament passed the Constitutional Law on
National Minorities (CLNM), authorities had not implemented its
provision on proportional minority employment in the public sector in
areas where a minority constitutes at least 15 percent of the
population. Ethnic Serbs, the largest minority, were most affected by
the slow implementation of the law.
In August the SDF reported that there was continued discrimination
against ethnic minorities seeking employment in civil services,
administration, and justice. A SDF survey conducted between April and
August showed that the number of Serbs employed in local administration
and public services remained at levels similar to their last survey in
2006. For example, in Glina, in the central part of the country, Serbs
made up 29 percent of the population, but only 2 percent of the Serbs
were employed in the local civil services and administration. In Knin,
a city that is 21 percent Serb, only 6 percent of Serbs were employed
by the state. Survey results differed only in eastern Slavonia. In
Vukovar Serbs made up 33 percent of the population but constituted 36
percent of those employed in the local civil service and
administration. In September SDSS officials complained that the
adoption of an action plan for the implementation of the CLNM lacked
clear and precise measures. Of approximately 21,200 civil servants
employed at the national level in 2007, approximately 3 percent were
ethnic minorities, while minorities made up 7.5 percent of the
population. Members of minorities accounted for almost 4,000, or 6
percent, of civil servants at the county level in 2007. The State
National Minority Council received 41.5 million kunas ($8 million) for
minority associations' cultural programs during the year, a 15 percent
increase from 2007.
The law provides that minority participation is to be taken into
account when appointing judges in regions where minorities constitute a
significant percentage of the population. According to an OSCE report
from 2007, members of minorities made up approximately 4 percent of the
country's judges, with Serbs comprising only 2.5 percent. The report
noted that minorities needed to invoke their minority status during the
recruitment process in order to benefit from this provision of the law.
In November the SDSS listed eight cases of ethnic Serbs who applied
for positions of judges at administrative, commercial, and municipal
courts and two who applied as trainees at municipal courts. According
to the SDSS, the courts rejected the applicants despite their
qualifications. Despite the lack of minority judges in the country, the
positions were either cancelled or filled by other applicants.
Societal violence, harassment, and discrimination against Roma
continued to be a problem. While only 9,463 persons declared themselves
to be Roma in the 2001 census, officials and NGOs estimated that the
Romani population was between 30,000 and 40,000.
Roma faced many obstacles, including language, lack of education,
lack of citizenship and identity documents, high unemployment, and
widespread discrimination. Many Romani women in particular had only
limited Croatian language skills. Romani NGOs estimated in 2007 that 25
percent of Roma did not have citizenship documents and thus could not
obtain social benefits, employment, voting rights, and property
restitution. According to the Council of Europe, only 6.5 percent had
permanent jobs, while the Ministry of Social Welfare estimated that
20,000 to 30,000 Roma were receiving some form of social assistance. A
2006 UNDP report on social exclusion estimated that, while Roma
constituted less than 1 percent of the population, they accounted for
13.6 percent of the recipients of social assistance. On a national
level, the Government worked to increase the employment rate of Roma by
providing two years' worth of salary payments to employers who hired
Romani workers. On October 12, the Government reported that government
spending to improve the life of Roma in the country increased six fold
from 2005 to 2008. Spending increased from 2.7 million kunas ($520,000)
to 17 million kuna ($3.3 million) a year. During the year the
Government cofunded a European Commission program with 167,000 euros
($244,000) to reconstruct infrastructure in the Medjimurje region,
where Roma constitute 6 percent of the population. The Government and
the EU also signed a 3.2 million euro ($4.5 million) agreement for the
construction of infrastructure in another three municipalities in the
same region.
On occasion ethnic Croats were targets of interethnic violence. In
February ethnic Serb high school students vandalized a student's home
in Borovo, near Vukovar. The vandals destroyed 20 glass windows and the
entryway door. They also threatened the Croatian student, insulted the
late president, Franjo Tudjman, and chanted ``this is Serbia.'' Police
identified and arrested several minors. Deputy Prime Minister Slobodan
Uzelac, an ethnic Serb, criticized the violence. A month later an
estimated 500 soccer fans from Zagreb and elsewhere in the country
arrived in Vukovar on buses and marched through the town, chanting
offensive slogans in retaliation. The chants included ``kill the
Serbs'' and ``Croatian mother, we shall slaughter Serbs.'' A heavy
police presence prevented any acts of physical violence.
On September 25, the International Federation of Football
Associations (FIFA) fined the Croatian Soccer Association (HNS) 30,000
Swiss francs ($28,000) for the racist behavior of some Croatian fans at
a soccer match against England on September 10. The Croatian fans
referred to a black British player as a ``monkey'' and taunted him with
``monkey noises.'' The head of the HNS stated the actions were
unacceptable and urged fans to stop such offensive behavior. The HNS
was earlier fined 12,500 euros ($18,000) for racist behavior in a match
against Turkey in June.
Other Societal Abuses and Discrimination.--There was some societal
violence and discrimination against homosexuals.
On June 28, two persons attacked activists from Iskorak and Kontra
(NGOs that promote gay rights) outside their offices after the annual
gay pride parade. The parade route was nevertheless well guarded, and
the police were quick to take away those trying to disrupt the march.
In addition, police investigated an assault against three Kosovo
citizens who were celebrating outside of the parade zone. The police
identified the attackers and charged them with criminal acts, although
there were reports that police also treated the victims
disrespectfully.
On February 25, a court convicted and sentenced a man to 14 months
in prison and psychiatric treatment for attacking Italian Senator
Gianpaolo Silvestri after the 2007 gay pride parade. This was the first
time that courts convicted someone of a hate crime since the parliament
introduced this type of crime into the criminal code in 2006. Gay pride
organizers welcomed the conviction but complained that the police did
not file criminal reports against other attackers.
Societal discrimination against homosexuals was frequently present
in the form of insults, stereotypical jokes, and societal prejudices.
On July 21, the parliament passed a law on the suppression of
discrimination, an umbrella law that addresses discrimination based on
a number of grounds including race, ethnicity, sex, language, political
convictions, property, union membership, disability, and others. The
Catholic Church and other religious bodies strongly opposed one section
of the new law because they believed it opened up the possibility for
gay marriages and the adoption of children by gay individuals, although
the law did not directly stipulate these measures. The law was
scheduled to enter into effect in January 2009. The new law also
provides more staffing and funding for the Office of the Ombudsman for
Human Rights, responsible for the implementation of the new law.
Societal discrimination against persons with HIV/AIDS remained a
problem. The Croatian Association for HIV (HUHIV) reported that there
were instances of dentists and general practitioners refusing to treat
HIV-positive patients and that some hospitals postponed surgeries
because doctors were reluctant to operate. If an HIV patient did not go
through the infectious disease hospital, he or she often waited for
treatment, and doctors sometimes delayed surgery indefinitely. There
were allegations that transplant centers refused to put HIV patients on
their list of potential organ recipients.
According to HUHIV representatives, the lack of public assistance,
such as hot lines, for HIV-positive patients was a problem. According
to the UN theme group on HIV/AIDS, analysis of the laws regarding HIV
indicated that they contain discriminatory provisions. The group cited
legal provisions that require testing under medical supervision for
certain professions and in certain cases involving prisoners and
restrictions on HIV-positive persons with regard to employment.
According to the analysis, most cases of discrimination occurred
outside the scope of the law or were due to insufficient enforcement of
privacy laws, lack of consistent adequate medical care, and
discrimination in school or the workplace.
Section 6. Worker Rights
a. The Right of Association.--Workers are entitled by law to form
or join unions of their own choosing, and workers exercised this right
in practice. Approximately 50 percent of workers were members of
unions; however, not all the unions were associated with each other,
and this percentage could vary, as there is no oversight system to
track the exact number of union members in all of the unions. Unions
generally were independent of the Government and political parties.
The law provides for the right to strike, with some limitations,
and workers exercised these rights during the year. The law does not
permit members of the armed forces, police, government administration,
and public services to strike. Workers may strike only at the end of a
contract or in specific circumstances mentioned in the contract after
they have gone through mediation. When negotiating a new contract,
workers are also required to go through mediation before they can
strike. Labor and management must jointly agree on a mediator if a
dispute goes to mediation. If a strike is found to be illegal, any
participant may be dismissed, and the union held liable for damages.
b. The Right to Organize and Bargain Collectively.--The
constitution and law protect collective bargaining and the right to
organize, and workers exercised these rights in practice, although some
international observers reported there that this right was not always
upheld by small employers.
The law prohibits antiunion discrimination and expressly allows
unions to challenge firings in court. However, incidents of union-
related harassment and firings occurred, and in general the
inefficiency of the court system seriously delayed and discouraged
citizens' attempts to seek redress through the legal system.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forced or compulsory labor, including by children, although there
were incidents of adult persons trafficked for the purpose of forced
labor during the year.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace and provide for acceptable working conditions. While the
Government for the most part implemented these laws and policies
effectively, child labor remained a problem.
In 2007, the last year for which data are available, the State
Labor Inspectorate recorded 163 violations of labor-related laws
involving 89 children under the age of 17. Of these violations, one
involved a child under the age of 15. Violations occurred mainly in the
hospitality, tourism, retail, food, industrial, services, and
construction sectors.
The minimum age for employment of children is 15 years. The
Ministry of Economy, Labor, and Entrepreneurship, in conjunction with
the ombudsman for children and the State Inspectorate, is responsible
for enforcing this regulation. Minors under the age of 15 may work if
they receive prior approval from the State Labor Inspectorate and if it
is determined that the child will not suffer physically or mentally
from the work. Approval is usually requested for filming movie scenes
or for play rehearsals. The law prohibits workers under the age of 18
from working overtime, at night, or under dangerous conditions.
The law proscribes the worst forms of child labor, including
trafficking in children for purposes of sexual exploitation and labor.
The national ombudsman for children coordinates the country's efforts
to prevent the exploitation of children and to assist in removing
children from exploitative situations. The State Labor Inspectorate has
102 inspectors whose duties include inspection for illegal employment
of minors. The inspectorate forwards all cases of violations involving
minors to the Office of the Ombudsman for Children.
e. Acceptable Conditions of Work.--The minimum wage, as determined
by the Government, is 2,100 kunas ($405) per month; the net wage is
between 1,400 and 1,500 kunas ($269-$289), depending on exemptions, and
does not provide a decent standard of living for a working family.
Government statistics from August indicated the average wage was 5,167
kunas ($995), and the minimum cost of living for a family of four in
rented housing was 6,294 kunas ($1,213). The State Labor Inspectorate
enforces the minimum wage, while the Ministry of Finance determines the
level.
Nonpayment and late payment of wages continued to be a problem, as
was nonpayment of overtime or for work on holidays. According to the
State Labor Inspectorate, it is no longer required by law to record the
number of persons who did not receive payment of their salaries.
However, workers have the right to bring court proceedings against
employers who did not issue pay slips to their employees. Based on data
that it received through various reports, the inspectorate concluded
that at least 1,761 employees did not receive payment for their work in
2007, the last year for which data were available.
The State Labor Inspectorate reported that it shut down 344
employers during 2007 for periods of at least 30 days. Labor law
violations included illegally employed workers and foreigners who did
not have work permits, workers who were not registered with the pension
fund, and workers who were not registered with a health insurance
agency. The Labor Inspectorate reported that although its officers
greatly increased their inspections and reporting of violations, the
courts did not sanction violations in accordance with the weight of the
violation, and therefore the inspectorate's actions in terms of
effecting change in the field were not strong.
The law provides for a standard workweek of 40 hours. Workers are
entitled to a 30-minute break daily, one day off out of seven, and a
minimum of four weeks of paid vacation annually. The law provides that
workers are entitled to time-and-a-half pay for overtime and limits
overtime to eight hours per week. The State Labor Inspectorate must be
notified if overtime work by an employee continues for more than four
consecutive weeks, for more than 12 weeks during a calendar year, or if
the combined overtime of employees of an employer exceeds 10 percent of
the total working hours in a particular month. In 2007 the inspectorate
processed 16,481 violations. After processing, the inspectorate sent
6,484 violations to misdemeanor courts for proceedings. Infractions
included violations related to labor contracts, payment for work,
annual leave, and unpaid and unreported overtime. In 2007 authorities
sent 57 criminal proceedings against employers to municipal state
attorneys' offices. Pregnant women, mothers of children under three
years of age, and single parents of children under six years of age may
work overtime only if they freely give written consent to perform such
work.
The Government set health and safety standards, which the Health
Ministry enforced; the Ministry's inspectorate has jurisdiction over
enforcement of health and safety laws at the workplace. In practice
many industries often did not meet worker protection standards. In 2007
the inspectorate initiated 1,913 requests for misdemeanor proceedings
covering 3,909 violations of safety standards. During 2007 misdemeanor
courts issued 1,118 violations, of which authorities declared two
criminal acts and referred them to court. Courts rejected 450 of the
reported violations because of expiration of the statute of
limitations. Under the law workers may remove themselves from hazardous
conditions and have recourse through the courts if they believe that
they have been dismissed wrongfully for doing so; however, according to
the State Labor Inspectorate, workers did not exercise this right in
practice and normally reported employers only after they had left their
job.
__________
CYPRUS
Since 1974 the southern part of Cyprus has been under the control
of the Government of the Republic of Cyprus (ROC), while the northern
part, administered by Turkish Cypriots, proclaimed itself the ``Turkish
Republic of Northern Cyprus (TRNC)'' in 1983. The United States does
not recognize the ``TRNC,'' nor does any country other than Turkey. A
substantial number of Turkish troops remained on the island. A buffer
zone, or ``green line,'' patrolled by the UN Peacekeeping Force in
Cyprus (UNFICYP) separates the two parts.
REPUBLIC OF CYPRUS
The ROC is a constitutional republic and multiparty presidential
democracy. The area under control of the Government has approximately
793,000 inhabitants. In 2006, 56 representatives were elected to the
80-seat Vouli Antiprosopon (House of Representatives) in free and fair
elections. President Demetris Christofias was elected in February in
free and fair elections. Civilian authorities maintained effective
control of the security forces.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. There were
reports of police abuse and degrading treatment of persons in police
custody and of asylum seekers. Violence against women, including
spousal abuse, was common, and several incidents of violence against
children were reported. There were instances of discrimination against
members of minority ethnic and national groups. Trafficking of women to
the island, particularly for sexual exploitation, continued to be a
problem.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings during the year.
During the year authorities completed an independent investigation
of the 2005 police killing of a Syrian immigrant that the chief of
police had reported was in self-defense. After reviewing the case, the
Attorney General's Office ordered the prosecution of the police
officers involved in the incident.
On June 24, the European Court of Human Rights (ECHR) found the
Government of Turkey in violation of the right to life in the cases of
Isaak v. Turkey and Solomou and others v. Turkey. Isaak was killed in
1996 during a Greek Cypriot demonstration in the buffer zone by Turkish
Cypriot counterdemonstrators, including three Turkish Cypriot police
officers. Also in 1996 a Turkish police officer shot and killed Solomou
when he entered the buffer zone and tried to climb a flagpole with the
Turkish flag on it. The ECHR ordered Turkey to pay 215,000 euros
(approximately $301,000) to Isaak's family plus 12,000 euros ($16,800)
in court expenses and 125,000 euros ($175,000) to Solomou's family plus
12,000 euros ($16,800) in court expenses.
b. Disappearance.--There were no reports of politically motivated
disappearances.
The Government participated in the autonomous, tripartite (UN,
Greek Cypriot, Turkish Cypriot) UN Committee on Missing Persons (CMP)
as part of its continuing efforts to account for persons missing as a
result of the intercommunal violence in 1963 64 and the conflict in
1974.
In 2006 the CMP launched its project to exhume, identify, and
return remains. As of December 12, the CMP had identified and returned
to their families for burial the remains of 78 Greek Cypriots.
Exhumations continued in different parts of the island. According to
the CMP, 1,395 Greek Cypriots and 470 Turkish Cypriots remained
missing.
On January 10, the ECHR delivered its judgment on the case of
Varnava and others v. Turkey, filed by the relatives of nine Greek
Cypriots missing since the events of 1974. The ECHR found Turkey in
continuing violation of the right to life and the right to liberty and
security on account of its failure to conduct an effective
investigation into the whereabouts of the nine missing persons. Turkey
appealed the decision, and the first hearing took place on November 19.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that police abused detainees.
There continued to be reports that police engaged in heavy-handed
tactics and degrading treatment of suspects.
On April 15, the Council of Europe's (COE) Committee for the
Prevention of Torture (CPT) released a report on a CPT delegation's
2004 visit to detention centers and other facilities where persons are
incarcerated. During the visit delegation members reported receiving
many allegations of police mistreatment, usually at the time of arrest,
but also during subsequent questioning. A significant proportion of the
allegations were made by foreign nationals. The forms of mistreatment
consisted mainly of slaps, kicks, and punches to the head and body,
including the genitals, with the detained person sometimes handcuffed
and/or undressed. The alleged mistreatment also included banging heads
on a desk, blows with batons and other objects, and violence of a
sexual nature. The delegation's report stated that, in a few cases, the
alleged mistreatment was of such severity that it could be considered
as amounting to torture. The delegation heard some allegations of
inadmissible psychological pressure, including threats of an indecent
or sexual nature exerted during questioning to obtain a statement or
confession. The CPT report stated that, based on information gathered
during the 2004 visit, the physical mistreatment of persons deprived of
their liberty by police continued to be a serious problem in the
country.
In one particular case cited by the CPT delegation, a detained
foreign national alleged that he received police mistreatment
consisting of kicks to the face, chest, and abdomen while in police
custody in 2004. He further alleged that authorities made him undress
during the night, hooded him, and shackled him in a standing position
by the wrists and ankles to bars in the prison, whereupon officers hit
him violently on various parts of the body, including the genitals. The
CPT requested information on the results of an official investigation
that was reportedly initiated into the allegations.
The press reported on June 26 that five Egyptians arrested for
being in the country illegally claimed that they were beaten by police
at Larnaca Airport and again while in detention at the Limassol police
station. Reportedly one of the detainees was treated at the hospital
for head injuries. The complaint was examined by the independent
authority investigating complaints against the police, which found that
police officers had committed no offense in the case. The Attorney
General's Office concurred with the decision.
In January 2007 three Syrian immigrants (Imbrahim Kasem, Ahmad
Kasem, and Ahmad Kasem) alleged that 10 police officers beat them
shortly after they visited their former employer to demand payment of
money due. They claimed that the officers intercepted their car and
beat them as they lay on the ground. Police then took them to Paphos
police station, where they allegedly continued to beat them for several
hours. The immigrant support group Action for Equality, Support, and
Antiracism (KISA) filed a complaint with the Attorney General's Office
and asked for an investigation. The police charged the three
individuals with resisting arrest and hindering police officers from
carrying out their duties. Authorities charged two with residing in the
country illegally and charged the driver of the car with reckless
driving and driving without a license and insurance. Authorities
released all three. KISA claimed that, had the three appeared in court,
the judge would have seen their injuries and ordered an investigation.
Independent investigators appointed by the attorney general decided
that the criminal charges filed by the police against the immigrants
should be withdrawn and that the immigrants should be deported. The
independent investigators also decided that the case against the police
officers involved in the incident should be ``filed.''
In 2005 plainclothes police officers stopped two cars in Nicosia
and proceeded to handcuff and beat the drivers, 27-year-old students
Marcos Papageorghiou and Yiannos Nicolaou. Authorities charged 11
officers with numerous offenses, including assault and torture. The
trial was completed during the year; a judgment was expected in
February 2009.
Prison and Detention Center Conditions.--Conditions in prisons,
detention centers, and other government institutions generally met
international standards, although there have been reports by
international organizations regarding conditions in detention centers.
During the year the ombudsman and nongovernmental organizations
(NGOs) received complaints that police subjected foreign inmates to
physical abuse or discriminatory treatment. The ombudsman reported that
it was not possible to examine some of the persons who had alleged
physical violence because they had been deported by the time the
complaints reached her office; investigations into the other complaints
were ongoing at year's end. The ombudsman's investigation into
complaints from Greek Cypriot prisoners that prison officials
tolerated, and in some cases supported, violence among inmates was in
progress at year's end, pending some clarifications from prison
management. An NGO reported that foreign detainees and prisoners
complained of physical violence in detention centers located in police
stations and discrimination in the Central Prison. Foreign inmates are
tasked with heavier work and have greater restrictions in visitation
rights than local prisoners.
In its April 14 report, the CPT noted that, while most prisoners it
interviewed in 2004 spoke in positive terms about their relation with
prison staff, there were a few allegations of physical mistreatment
(blows or excessive use of force) by custodial staff. The CPT also
reported one instance of deliberate poor treatment of patients at the
Athalassa psychiatric unit. A patient who was considered potentially
dangerous was kept in a special room with a prison-like metal door at
night and was not allowed to leave to use toilet facilities.
During the year overcrowding remained Nicosia Central Prison's
greatest problem despite renovation and expansion. The prison's
capacity was 340, although at times it held up to 721 inmates.
Approximately 62 percent of the detainees were foreigners imprisoned
for forgery, criminal impersonation, theft, and other offenses. The
ombudsman reported that nonseparation of convicted criminals from
pretrial detainees or long-term from short-term prisoners due to
overcrowding continued to be a problem. The Government provided
assistance for the rehabilitation of drug abusers through the use of
multidisciplinary therapeutic teams consisting of a psychiatrist, a
psychologist, two occupational therapists, a social worker, and four
nurses. The Social Welfare Services offered limited support for the
reintegration of former inmates into society.
A 2006 report by the COE commissioner for human rights noted that,
while prison conditions were generally satisfactory, overcrowding
remained a problem. The report also expressed concern over the
Government's failure to provide facilities and resources for the
psychiatric treatment of prisoners. The report noted government efforts
to improve the professional training of the prison staff and the
abolition of imprisonment for nonpayment of civil debt.
A 2006 report by the COE's European Commission against Racism and
Intolerance expressed concern with the extensive use of detention for
both migrants and asylum seekers and the conduct of law enforcement
officials, including alleged cases of mistreatment.
The Government permitted prison visits by independent human rights
observers, and such visits, unrestricted and unannounced, occurred
during the year. The ombudsman, the law commissioner, and the
commissioner for the protection of personal data visited the prison on
a regular basis. The parliamentary human rights committee also visited
the prison compound to examine the living conditions of the detainees.
In May the CPT conducted one of its periodic spot checks and
visited several sites, including the Central Prison, the psychiatric
unit in Athalassa, and several police stations, and interviewed
detainees and prisoners in private. CPT representatives met with the
ministers of justice and interior to discuss their findings. The CPT's
report on the visits had not been released by year's end.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--The police enforce the
law and address criminal activity. The Greek Cypriot National Guard
(GCNG), backed by a contingent of Greek military forces, protects
national security. The GCNG reports to the Ministry of Defense, which
reports to the president. The police report to the Ministry of Justice
and Public Order. The president appoints the chief of police. The
police force is composed of a headquarters with six functional
departments, six geographic district divisions, including one inactive
district for the area administered by Turkish Cypriots, and seven
police units that provide specialized services. Although there were
reported cases of misconduct, there were no serious cases of police
corruption or bribery.
In 2006 the Council of Ministers appointed an independent committee
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. In July 2007, to
help it manage the large number of cases, the committee was given
authority to appoint independent investigators from a list submitted by
the attorney general. In 2007 the committee received 96 complaints. Of
those, 21 were deemed outside the scope of the committee's
responsibility and one complaint was withdrawn; 35 complaints were
investigated by the members of the committee or independent
investigators supervised by the committee; 13 complaints were still
under investigation; the attorney general assigned 11 complaints to
criminal investigators at the request of the committee; eight were
submitted to the chief of the police; in three cases, investigation was
suspended because the complainants refused to give testimony; and four
complaints remained pending due to inadequate information provided by
the complainants. Of the 35 investigations carried out, two resulted in
criminal charges against officers; three resulted in disciplinary
charges; and 28 failed to reveal any wrongdoing on the part of the
police. In two cases, the committee established that police officers
engaged in mistreatment of citizens, but it was not possible to
identify the officers involved due to inadequate testimony. The
committee chair confirmed that the attorney general adopted all the
recommendations made by the committee.
During the year the attorney general ordered one criminal
investigation against a member of the police for allegedly assaulting a
civilian. Of the 14 cases pending before the courts at the end of the
2007, four resulted in convictions, four were pending at year's end,
and one was dropped by the court; the attorney general suspended
charges in two cases and dismissed the remaining three cases.
Arrest and 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. However,
prior to May, aliens arrested for illegal entry without identification
were detained indefinitely when authorities did not know where to
deport them. 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.
In September 2007, eight long-term detainees (seven Iranians and
one Afghan) climbed onto the roof of the Nicosia Central Prison and
threatened to commit suicide if they were not immediately released.
They ended their protest after the minister of interior assured them
that, with the ombudsman, he would examine their demands and come up
with concrete decisions. The Government subsequently deported one
detainee and released another; it promised to release the remaining six
detainees pending their acceptance of a proposal sponsored by the
minister of interior, the details of which were not available. All
eight had applied for asylum and had been rejected but remained on the
island without a residency permit. They were consequently arrested for
deportation; however, deportation was not possible, as they had
destroyed their travel documents. Some of the detainees had been in
detention for almost three years. In January the families of long-term
detainees staged a protest outside the Ministry of Interior with the
support of KISA. During the protest, police arrested the head of KISA,
Doros Polycarpou, for using loudspeakers in public without a license.
He was detained for a few hours and released. According to press
reports, plainclothes police officers roughed up demonstrators who
tried to prevent Polycarpou's arrest. In May the minister of interior
announced that the Government was no longer holding persons long-term
in detention centers. The minister stated the Government had released
foreigners in detention who had destroyed their travel documents and
given them one-year permits to stay and find work. However, an NGO
reported that the released detainees were constantly harassed by police
at their workplace and as a result were unable to keep a steady job.
Unlike in previous years, there were no reports that the Government
arrested persons crossing the green line in possession of evidence of
purchasing or developing Greek Cypriot property in the area
administered by Turkish Cypriots.
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, albeit not by jury, and
defendants have the right to be present and to consult with an attorney
in a timely manner. An attorney is provided for those who cannot afford
one, and defendants are allowed 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.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters, permitting claimants to
bring lawsuits seeking damages for human rights violations, and
citizens successfully availed themselves of it.
Property Restitution.--Turkish Cypriots have filed a total of 49
cases in the courts to reclaim property located in the government-
controlled area, six of which were new cases filed during the year.
During the year the Supreme Court dismissed one property case because
it concerned Turkish Cypriot property that is under the guardianship of
the Ministry of Interior. According to the law, these types of
properties cannot be returned unless the owners resettle permanently in
the government-controlled area. The applicant filed an appeal, and the
case was pending before the Supreme Court at year's end. In another
decision, the Supreme Court found in favor of the Turkish Cypriot
plaintiff who had agreed to sell her property to a Greek Cypriot but
later changed her mind when she realized that the market value was
markedly higher than the agreed price. The Supreme Court ruled that the
owner did not have to implement the agreement.
On April 22, the ECHR endorsed a friendly settlement brokered by
the Turkish Cypriot ``property commission'' in May 2007 between Greek
Cypriot Michael Tymvios and Turkey. The settlement would exchange
Tymvios's property in the northern part of the island for Turkish
Cypriot property in the government-controlled part and payment of one
million dollars. However, in August Tymvios complained that the
Government, citing the guardianship law, refused to transfer ownership
of the Turkish Cypriot property in the government-controlled area to
him, despite the ECHR ruling.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice.
Individuals could criticize the Government publicly or privately
without reprisal, and the Government did not attempt to impede
criticism.
Opposition newspapers frequently criticized authorities.
Independent newspapers and periodicals proliferated. Several private
television and radio stations competed effectively with government-
controlled stations. International broadcasts were available without
interference throughout the island, including telecasts from Turkey and
Greece.
In early 2006 the Council of Ministers rejected a 2005 decision by
the board of the Cyprus News Agency to appoint Christoforos
Christoforou as its new director. Some newspapers and opposition
parties attributed the rejection to Christoforou's authorship of
articles criticizing government policies regarding the UN efforts in
2004 to reunify the island. The Cyprus Journalists' Union called on the
Government to reverse its decision and approve the appointment.
Christoforou appealed to the Supreme Court, which ruled in his favor on
June 10. In July the Attorney General's Office appealed the Supreme
Court decision. The appeal was pending before the court at year's end.
The Government imposed significant restrictions on Turkish (as
opposed to Turkish Cypriot) journalists crossing the green line to
cover news events in the government-controlled area.
During the year Turkish Cypriot advertisers repeated claims that
Greek Cypriot newspapers refused to carry advertisements for businesses
located in the area administered by Turkish Cypriots.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including e-mail. The
Internet was easily accessible and widely available to the public.
Academic Freedom and Cultural Events.--There were generally no
government restrictions on academic freedom or cultural events;
however, 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
universities in the Turkish Cypriot community ``illegal.''
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law and constitution provide for freedom of assembly,
and the Government respected it in practice.
Freedom of Association.--The law and constitution provide for
freedom of association, and the Government generally respected it in
practice.
c. Freedom of Religion.--The law and constitution provide for
freedom of religion, and the Government generally respected this right
in practice.
The law and constitution specify that the Greek Orthodox Church of
Cyprus, which is not under the authority of the Greek Orthodox Church
of Greece, has the exclusive right to regulate and administer its
internal affairs and property in accordance with its holy canons and
charter. The law also states that the Turkish Cypriot religious trust,
the Vakif, the Muslim institution that regulates religious activity for
Turkish Cypriots, has the exclusive right to regulate and administer
its internal affairs and property in accordance with Vakif laws and
principles. No legislative, executive, or other act may contravene or
interfere with the Orthodox Church or the Vakif. The law and
constitution also recognize Armenian Orthodox, Maronite Christians, and
Roman Catholics. In January 2007 the Ministry of Defense announced it
would lift an exemption that allowed these three ``official religious
groups'' to avoid compulsory military service on religious grounds.
After some initial resistance by the Maronites, the groups accepted the
lifting of the exemption as a public obligation.
During the year there were reports that some religious
denominations encountered government obstacles to purchasing or
renovating property for a house of worship for their respective
congregations. One religious community also reported repeated
difficulties in obtaining visas from the Cypriot government for clergy
from countries outside of the European Union (EU).
The Government required other religious groups to register as
nonprofit companies to maintain a bank account or engage in other
financial transactions.
Missionaries have the legal right to proselytize, but the
Government closely monitored their activities. It is illegal for a
missionary to use ``physical or moral compulsion'' to make religious
conversions. Police may investigate missionary activity based on a
citizen's complaint. Police can also open an investigation if
missionaries are suspected of involvement in illegal activities
threatening the security of the Government, constitutional or public
order, or public health and morals. No detentions or arrests were
reported under these laws during the year.
The Government required children in public primary and secondary
schools to take instruction in the Greek Orthodox religion. Parents of
other religions may request that their children be excused from such
instruction and from attending religious services.
Societal Abuses and Discrimination.--In May KISA reported that it
continued to receive complaints from recognized political asylees of
Muslim origin who had difficulty securing employment because of their
religion. KISA also reported that asylum seekers of Muslim origin were
often beaten by police and faced difficulties securing residence
permits. The NGO alleged that the ``general climate'' was not amenable
for asylum seekers from countries where Islam is prevalent and that
citizens in general demonstrated ``aggressive behavior'' towards Muslim
asylees. In 2006 the same NGO reported that it had filed complaints
with the ombudsman's office and an independent investigatory committee
regarding police treatment of Muslim asylum seekers. Some asylum
seekers reportedly had difficulty securing employment, and one asylee
alleged that he could not secure housing because of religious
discrimination. Late in 2007 the ombudsman submitted a report to the
Government proposing reconsideration of the policy concerning the right
of employment for asylum seekers. The ombudsman did not receive any
complaints relating to discrimination on religious grounds.
On June 8, a group of youths attacked foreign residents in Ypsonas
village in Limassol causing serious bodily injuries to some and
material damage to their properties. Police arrested 12 young men aged
between 15 and 18; the case was under investigation by the Limassol
criminal investigation department at year's end.
Although Turkish Cypriots claimed that unused mosques in the
government-controlled area had been vandalized, the Government
routinely carried out maintenance and repair of mosques in the area
under its administration.
The Jewish community is composed of approximately 2,000 persons.
The latter figure includes a very small number of native Jewish
Cypriots and a greater number of Israeli, British, and other European
Jews who are part of the expatriate community, which includes both
observant and nonpracticing members.
Diplomatic sources at the Israeli Embassy reported that there was
anti-Semitic graffiti at several bus stops along one of the main roads
in Nicosia; the reported graffiti have not been corroborated.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within government-controlled areas, foreign travel,
emigration, and repatriation, and the Government generally respected
these rights in practice. The Government cooperated with the Office of
the UN High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, asylum seekers,
stateless persons, and persons entitled to subsidiary protection.
The Government did not restrict Greek Cypriots from traveling to
the area administered by Turkish Cypriots, but it generally discouraged
them from spending the night at Greek Cypriot properties, gambling in
the area administered by Turkish Cypriots, or buying or developing
property there. The Government in many cases prohibited Turkish
nationals from crossing from the area administered by Turkish Cypriots
to the government-controlled area in the south.
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; however, the Government maintained 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.
Unlike in previous years, there were no reports that the Government
arrested persons crossing the green line in possession of contracts or
blueprints related to purchasing or developing Greek Cypriot property
in the area administered by Turkish Cypriots.
The Government issued 4,948 passports to Turkish Cypriots during
the year.
The law prohibits forced exile, and the Government did not employ
it.
Internally Displaced Persons (IDPs).--Although Greek Cypriots
displaced as a result of the 1974 division of the island fall under the
UN definition of IDPs, the Government considered them refugees. At the
end of the year these individuals and their descendants numbered
approximately 202,500. Depending on their income, IDPs and their
descendants are eligible for financial assistance from the Government.
They have been resettled, have access to humanitarian organizations,
and are not subject to attack, targeting, or return under dangerous
conditions.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The Government granted refugee and asylum status to
individuals during the year. In practice the Government provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened, although one NGO
claimed that some asylum seekers were deported before final
adjudication of their application by the proper authorities. The
ombudsman reported receiving complaints of delays in the examination of
asylum applications as well as complaints that cases with considerable
merit were closed. An investigation revealed that authorities were
systematically closing cases of applicants who could not be located for
an interview in connection with their application. The ombudsman
submitted recommendations for more substantial attempts to notify
applicants before their cases are closed. The ombudsman's office also
reported that the Government asylum department had taken action in many
cases to ensure respect of the rights of the asylum seekers and
refugees.
Those individuals determined to be refugees were permitted to stay
and were given temporary work permits but were not granted permanent
resettlement rights. During the year no refugees were deported, and
authorities granted refugee status to 64 persons.
The Government provided temporary protection to individuals who may
not qualify as refugees under the 1951 convention and the 1967 protocol
and provided temporary protection to 163 persons during the year.
According to the ombudsman and NGOs, the inmates in detention centers
were exclusively foreign and often asylum seekers who were arrested for
illegal entry. Similar to the previous years, KISA maintained that
police violated the law and the human rights of asylum seekers by
carrying out illegal arrests, detentions, and deportations. The group
claimed that authorities treated asylum seekers as illegal immigrants
or economic migrants and jailed or deported them. Another local NGO,
Apanemi, reported that several asylum seekers made complaints to the
ombudsman alleging that they were physically and psychologically abused
by police. A third NGO reported that asylum seekers complained about
the denial of state medical care. Prior to October, NGOs and asylum
seekers filed complaints with the ombudsman alleging that the
Government was permitting the exploitation of asylum seekers as cheap
labor by restricting their employment to the farming sector. In October
the law was amended to allow the employment of asylum seekers in
several areas, such as labor in fisheries, forage production, waste
management, gas stations and car washes, freight handling in the
wholesale trade, building and outdoor cleaning, distribution of
advertising/informative materials, and food delivery.
There were allegations by NGOs and refugees that the protection of
refugees suffered because of an overtaxed, understaffed, and
underfunded asylum service, and that there was systemic discrimination
against asylum seekers. Out of 35,087 applications filed since 2002,
only 208 applicants have been granted full refugee status, and only 463
applicants have been granted secondary refugee status. Refugees and
NGOs alleged that the asylum service systematically closed files before
due consideration, and that asylum cases with considerable merit became
lost in the system and applicants received no response from the
Government. An NGO reported that asylum applicants are waiting for
several years for a response. NGOs and asylum seekers alleged that
payments of welfare benefits to refugees were often delayed.
A number of persons, mostly Iranians, who destroyed their travel
documents and denounced their nationality or refused to divulge their
country of origin, remained in long-term detention in Nicosia Central
Prison through 2007 until their release in May. All were former asylum
seekers whose applications were denied and were consequently arrested
on detention and deportation orders for residing in the country
illegally. In May the minister of interior announced that the
Government had released long-term detainees and given them one-year
permits to stay and find work.
The country's only accommodation center for asylees, Kofinou,
housed only women and families for most of the year. Asylum seekers
were allowed to work after six months in the country but were limited
to the areas noted above. 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 that persons who were eligible
for benefits received their checks only sporadically and that, on June
25, over 100 affected asylum seekers conducted a protest in response.
The Government provided funding to local colleges to provide
educational services to help recognized refugees integrate into society
and to a local NGO to help torture victims. There were complaints
regarding the remoteness and lack of facilities at Kofinou. However,
conditions improved during the year after the Government entered a
private-public partnership with a university to run and maintain the
center.
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.
Only Turkish Cypriots residing permanently in the government-controlled
area are permitted to vote and run for office.
Elections and Political Participation.--In 2006 elections were held
for the 56 seats assigned to Greek Cypriots in the 80-seat House of
Representatives.
In 2006 two leading members of the group of 78 Turkish Cypriots not
residing in the government-controlled area who had been denied the
opportunity to run, Ali Erel and Mustafa Damdelen, sued the Government
for failure to fully reinstate the Turkish Cypriot community's rights
to vote and run for office. On April 30, the Supreme Court dismissed
their application. On September 3, Erel and Damdelen applied to the
ECHR for redress.
Political parties operated without restriction and outside of
interference.
Women held eight of the 56 seats filled in the House of
Representatives and two of the 11 ministerial posts. They also held
senior positions in the judicial branch.
There were no members of minorities in the House of
Representatives, and the 24 seats assigned to Turkish Cypriots went
unfilled. The small Armenian Orthodox, Maronite Christian, and Roman
Catholic communities elected special nonvoting observer representatives
from their respective communities to the House of Representatives.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, which vary depending on the charges.
The Government generally implemented these laws effectively. There were
isolated reports of government corruption.
State and public officials are required by law to submit a
compulsory asset declaration, but these declarations are not public
documents. Officials who fail to submit their declarations are subject
to pecuniary punishment. However, in June the Supreme Court ruled
unconstitutional the law that requires public officials to declare
their assets. The attorney general has appealed the decision.
While the Government generally investigated and prosecuted cases of
corruption, cases usually moved at a slow pace, and the evidence law,
which prohibits wiretapping and electronic surveillance, made obtaining
convictions challenging.
The escape of double murderer and rapist Antonis Procopiou Kitas on
December 12 prompted a series of investigations into possible
corruption of police and other government officials. Kitas fled from a
Nicosia private hospital where he had been staying for seven months
although he was serving a life sentence. The minister of justice and
public order resigned over the escape, while the Government appointed
five independent criminal investigators to investigate the escape and
the possible involvement of police and government officials. The
attorney general said the case ``smacked of corruption, negligence, and
indifference.'' Two separate investigations were also ordered into how
Kitas acquired a new passport and into the conditions under which Kitas
was allowed to stay at the hospital for such an extended period of
time. All investigations and the search for Kitas were ongoing at
year's end.
In June 2007 the minister of interior ordered an investigation into
allegations that civil servants or government officials had tipped off
land developers about future changes in development zones in the Akamas
area. As a result of the alleged tip-off, developers bought large
pieces of farm land in the area that were later included in the
development zones and whose value increased 20-fold.
In December 2007 authorities arrested and charged an official of
the road transport department with soliciting a bribe in order to
expedite the registration of an imported used motor vehicle.
In 2006 a local newspaper published the names of politicians who
allegedly had asked the Ministry of Defense for favorable transfers of
National Guard recruits. The list included prominent officials, such as
the president of the House of Representatives, members of the House of
Representatives and the Council of Ministers, and party leaders. The
president asked the minister of defense, who was reportedly implicated,
to investigate whether such requests constituted nepotism; the minister
was replaced shortly after the allegations were made. As of year's end,
the Government had not released the results of the investigation.
The constitution provides for the right of access to government
information; however, there are no specific laws that assure public
access. Civil servants were not allowed to provide access to government
documents without first obtaining permission from the relevant
minister. During the year there were no reported cases of persons being
denied access to government information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. There is a government
ombudsman, whose portfolio includes human rights, and a legislative
committee on human rights.
KISA complained in February 2007 that police applied discriminatory
and intimidating tactics against it and its chairman, Doros Polykarpou,
for the activities of the organization. In 2002 police filed a criminal
case against KISA and Polykarpou in connection with a 2001 fundraising
drive to cover a migrant worker's medical emergency. KISA's application
for a permit to conduct the drive was rejected because there is no law
regulating the collection of funds for health reasons. The case
resulted in a fine. In 2006 police filed a second criminal case against
Polykarpou for ``disobeying a court order and receiving stolen goods,''
for spending funds raised in the 2001 drive, and a trial began in
October 2007. In January the attorney general suspended criminal
proceedings against Polycarpou.
A number of NGOs considered themselves human rights groups. Most
were concerned exclusively with alleged violations of the rights of
Greek Cypriots by Turkey. Other NGOs included groups promoting migrant
support and awareness of domestic violence and those concerned with
allegations of police brutality. Domestic NGOs were numerous but had
limited impact on public opinion or specific legislation. Few
international NGOs were active in the country.
The UN, through the CMP, continued its efforts to account for
persons missing after the intercommunal violence in 1963-64 and the
conflict of 1974.
During the year the ombudsman received complaints from citizens and
foreigners living on the island who believed their rights had been
violated by the Government. During her independent investigations, the
ombudsman generally enjoyed good cooperation with other government
bodies. The ombudsman's annual reports focused on police misconduct,
treatment of patients at state hospitals and of asylum seekers and
foreign workers, and gender equality in the workplace. The office of
the ombudsman was well respected and considered effective. On November
6, the ombudsman stated that the Government had complied with 80
percent of her office's recommendations.
The legislative committee on human rights, which was considered by
most local NGOs as effective, is made up of 10 members of the House of
Representatives who serve five-year terms. The committee discusses
wide-ranging human rights abuses, including trafficking in persons,
prison conditions, and the rights of foreign workers. The executive
branch did not exercise control over the committee.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government generally effectively
enforced it. However, violence against women, child abuse, trafficking
in persons, discrimination against Turkish Cypriots living in the
government-controlled area, and discrimination against Roma and members
of minority ethnic and national groups were problems.
Women.--The law criminalizes rape and spousal rape with a maximum
sentence of life in prison. Most convicted offenders received
considerably less than the maximum sentence. Police indicated that 28
cases of sexual assault were reported from January through October.
Violence against women, including spousal abuse, was common and
there has been a sharp increase in the number of reported cases. The
law establishes clear mechanisms to report and prosecute family
violence and provides that the testimony of minors and experts, such as
psychologists, may be used as evidence to prosecute abusers. The law
provides for prison terms for the abuse of family members. Doctors,
hospital workers, and education professionals are required to report
all suspected cases of domestic violence to police. However, many
victims refused to testify in court, and by law spouses cannot be
compelled to testify against each other. In cases of domestic violence
where the spousal victim was the only witness and refused to testify,
the courts were forced to drop the case.
During the year, 689 cases of domestic violence were reported to
police. In 80 percent of the cases, the victims were female. Police
investigated 341 criminal cases, and 188 cases were filed in court.
An NGO working with domestic abuse victims estimated that there was
a 7.5 percent increase in the number of telephone calls to its hot line
during the year compared to 2007. The NGO reported that 1,128
individuals, of whom 81.5 percent were women, 12.5 percent children,
and 6 percent men, called claiming to be victims of domestic violence.
The NGO also operated a shelter in Nicosia that served 120 victims of
domestic violence during the year.
The law does not prohibit prostitution; however, it is illegal to
live off the profits of prostitution, and police routinely arrested
pimps under this section of the law. Procuring a woman for prostitution
is a misdemeanor. Police reported the arrest and investigation of 38
individuals for suspected involvement in 15 cases of prostitution from
January through October; at year's end, authorities continued to
investigate six of the cases, six cases were pending trial, two cases
had completed trial and resulted in the conviction of four individuals,
and one case had been otherwise resolved.
The law prohibits sexual harassment in the workplace, but there
were reports that it was a widespread problem with most incidents
unreported to authorities. In 2006 authorities investigated and
prosecuted one of the country's ambassadors, Costas Papademas, for
sexually harassing two female employees at the overseas mission he
headed. In December 2007 the court found him guilty and sentenced him
to seven months' imprisonment. However, on May 24, the Supreme Court
acquitted Papademas, ruling that the main witnesses' testimony was
unreliable. He served four months in prison in the interim. Although
the case was widely reported in the press, reaction to his acquittal
was muted.
Women generally have the same legal status as men under family law,
property law, and in the judicial system. The National Mechanism for
Women's Rights under the Ministry of Justice and Public Order is tasked
with the promotion, protection, and coordination of women's rights.
Laws requiring equal pay for men and women performing the same work
were enforced effectively at the white-collar level, but, despite a
strong legal framework, the Ministry of Labor and Social Insurance's
enforcement was ineffective at the blue-collar level. Research by one
NGO suggested that remuneration for female blue-collar workers was 25
to 30 percent less than for their male counterparts.
During the year an NGO representing divorced mothers worked with
police to encourage efforts to collect delinquent child support
payments. The courts may garnish wages and assets and ultimately
imprison persons to enforce child support payments.
Children.--The Government was strongly committed to children's
rights and welfare.
During the year the ombudsman's office received a complaint
regarding discriminatory treatment of Romani children in public
education. The ombudsman's investigation was still ongoing at year's
end.
Child abuse was a problem. The Welfare Department stated that the
cases were linked to domestic violence, alcohol abuse, psychological
illness, and cultural perceptions. Police reported that 32 cases of
child abuse were prosecuted during the year. Of those, eight resulted
in convictions, one in acquittal, 20 were pending trial at year's end,
and three were withdrawn, suspended, or interrupted. Of the 87 child
abuse cases prosecuted in 2007, 38 resulted in convictions, seven in
acquittals, 32 were pending trial at the end of 2008, and 10 were
withdrawn, suspended, or interrupted.
During the year there were two reports that girls were trafficked
for commercial sexual exploitation.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were widespread reports that persons were
trafficked through and within the country. On October 29, the
Government decided to abolish, effective November 1, the use of artiste
category work permits for women from non-EU countries working in the
cabaret industry. As of year's end, the Government had not completed
drafting regulations to implement the new policy. During the year
police identified victims of sex trafficking and, for the first time,
labor trafficking. The police antitrafficking unit remained
understaffed, although in November a new member was added to its three-
member staff.
The country was primarily a destination point for women trafficked
for commercial sexual exploitation, and authorities were aware of and
generally tolerated the situation despite the 2005 adoption of a
national action plan to combat trafficking in persons and sexual
exploitation of children. STOP International alleged that the country
was being used as a transit point for trafficking, but there were no
definitive reports to substantiate the allegation. The country was a
destination for women trafficked from the Dominican Republic, the
Philippines, Russia, Moldova, Hungary, and Ukraine, as well as from
Greece, Vietnam, Uzbekistan, Columbia, Romania, Belarus, Bulgaria, and
the United Kingdom. Within the previous three years, there was evidence
that female victims coming from China on student visas engaged in
prostitution and, in some cases, were victims of sexual exploitation.
NGOs reported that female domestic workers from South and Southeast
Asian countries were forced to work long hours, and there were
allegations of labor trafficking, especially in the field of elder
care. Many domestic workers are 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. In one case, a housemaid who accused her employer of rape
was not allowed to change employers until the completion of her
employer's trial. In addition, police filed two criminal cases against
her for working illegally. There were no reliable statistics on the
number of trafficking victims; however, 50 women pressed charges during
the year.
Traffickers fraudulently recruited victims using the ``artiste''
employment permit category and often rotated victims among different
cabarets and cities. In some cases, women reportedly were arbitrarily
denied part or all of their salaries, forced to surrender their
passports, raped, beaten, threatened, involuntarily detained, or forced
into providing sexual services for clients. Contacts in the cabaret
industry alleged that the ``artistes'' often owed money upon their
arrival and had a verbal understanding with the cabaret owners to pay
back the cost of their travel and lodging. Some NGOs alleged that
government officials with oversight and policing responsibility over
the sex industry frequented cabarets and nightclubs.
It is a felony to engage in the exploitation and trafficking of
persons. However, through the end of October, only one person charged
with trafficking was convicted and sentenced to two years'
imprisonment. A court may order persons convicted of trafficking to pay
part or all of the expenses incurred for the provision of protection,
temporary shelter, medical care, and psychiatric care for victims, as
well as compensation to the victim, including repatriation expenses.
The Ministries of Interior, Labor and Social Insurance, justice,
health, and education and the attorney general shared responsibility
for combating trafficking as part of the Multidisciplinary Team against
Trafficking (MDAT), with the Ministry of Interior as the lead. The MDAT
also included two NGOs.
Through the end of October, police arrested 95 individuals involved
in cases related to prostitution and sexual exploitation. Of those, 67
individuals involved in 31 cases were arrested specifically on
trafficking charges. Police statistics indicated that 24 cases were
prosecuted and seven were still under investigation at year's end for
possible prosecution. All 24 cases are still pending before the courts.
Of the 23 trafficking cases pending for investigation at the end of
2007, only one resulted in a two-year conviction, 10 were pending
trial, seven resulted in acquittals, two were under investigation, two
were dismissed, and in one prosecution had been suspended at the end of
2008.
On December 11, police issued an arrest warrant for a 37-year-old
Cypriot to assist the investigation of a crime ring suspected of
trafficking and exploiting Romanian nationals in the country. According
to press reports, police recovered 200 passports and 78 identity cards
in a Nicosia apartment, while several arrests were made in Romania. The
ring reportedly brought victims to Cyprus to work for a fee, then
seized their passports and identification documents for the purpose of
extorting more money. The Nicosia police chief stated on December 11
that police were investigating a serious human trafficking case that
appeared to involve a large number of foreign nationals and Cypriots.
Police participated and assisted in 36 trafficking investigations
in EU countries and 12 trafficking investigations in non-EU countries.
There were allegations of corruption and xenophobia in the police
force, the Ministry of Interior, and the Attorney General's Office
related to trafficking. In April four bishops from the Greek Orthodox
Church alleged during parliamentary hearings that ``certain government
officials'' were collaborating with traffickers. One bishop attacked
the ``artiste'' visa and said it was basically permission for
traffickers to do business. During the hearings the newspaper Alithia
reported that police submitted a confidential report to a parliamentary
committee stating that individuals dealing with trafficking in persons
``have influence on government officials, which makes the arrest and
prosecution of traffickers more difficult.''
The new antitrafficking law expanded victims' rights. According to
the law, identified victims of trafficking are granted at minimum a
one-month residency permit to give them time to recover and decide
whether they wish to cooperate with the police in the investigation and
to testify at trial. The law obligates the Government to protect and
support trafficking victims with financial assistance, shelter, medical
and psychiatric care, and psychological support, as well as legal aid
and access to government-funded training and educational programs. The
Government is obligated to facilitate the victims' repatriation under
safe and dignified conditions. By the end of October, police had
identified 50 victims of trafficking, all of whom pressed charges
against their traffickers. During the year government welfare services
provided financial aid, counseling, and temporary shelter to 89
victims.
Despite the protections provided for under the new law, NGOs
reported that trafficking victims who had provided court testimony in
antitrafficking cases were excluded from the Government's witness
protection program, leaving them vulnerable, weakening antitrafficking
cases, and providing a disincentive for future witness testimony. There
were also allegations that the Attorney General's Office downgraded
trafficking cases and systematically placed antitrafficking cases in
district, not criminal, courts. NGOs allege that the District Courts
are not as well equipped to deal with antitrafficking cases, leading to
a lack of convictions on trafficking charges and more lenient
sentences.
The Government maintained that most women who qualified as
trafficking victims chose to return voluntarily to their home countries
without testifying in court. There were reports that cabaret owners and
agents for dancers used attorneys to bribe potential witnesses and
pressured women to withdraw complaints or not to follow through with
testifying in court. Of the 50 women who requested police protection
during the year, the Government reported that three testified and
returned to their home countries, 38 were waiting to testify, and three
returned to their home countries without testifying. The remaining six
were residing in the country at year's end because they either were EU
citizens or had testified in court and were awaiting completion of the
trials. On average victims waited approximately one year before the
commencement of their trials, which NGOs alleged resulted in weaker
cases because of inconsistent testimony and because victims often left
the country.
NGOs that protect the rights of women and immigrant workers were
available to assist trafficking victims and reported that they received
one to two requests for assistance per month.
The NGO Stigma in Limassol operated a shelter for trafficking
victims until the end of the year, when it closed down due to financial
difficulties. A Russian-speaking psychiatrist was available to assist
victims. During the year a total of 43 trafficking victims stayed in
the shelter. Thirty of them cooperated with police, and 26 of them
testified or were waiting to testify in court. Although the remaining
four victims gave testimony to police, it was not deemed sufficiently
substantive to build a legal case for prosecution against the
traffickers. Only two of the court cases were completed; in both cases
the defendants were acquitted. The two victims that testified in the
completed trials returned to their home countries. There was
cooperation but no formal referral process between police and the NGO
shelter. Prior to the opening of the government-run shelter in November
2007, social welfare services typically housed victims in government-
subsidized homes for the elderly or in hotels.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or in the provision of other state services, and in
practice the Government generally enforced these provisions. The law
mandates that public buildings and tourist facilities built after 1999
be accessible to all; however, government enforcement of the law was
ineffective, and older buildings frequently lacked access for persons
with disabilities. There were no appropriate institutions for adults
suffering from mental disabilities who were in need of long-term care.
The amended People with Disabilities Law, which extended the
ombudsman's authority to cover discrimination based on disabilities in
both the private and public sectors, had not been fully implemented by
year's end. Problems facing persons with disabilities included narrow
or nonexistent sidewalks, lack of transport, and absence of parking
spaces, accessible toilets, and elevators. The Government budget
reportedly included approximately 70,000 euros (approximately $98,000)
to improve access to government buildings.
There were no long-term care facilities specifically for persons
with mental disabilities, but many such persons were housed at the
Athalassa psychiatric hospital. In September 2007 an association
representing the parents of children with Down's syndrome complained
that the Government did not respond to their repeated calls for the
creation of a specialized center for the treatment of their children,
particularly those in need of temporary hospitalization. Some were
housed at Athalassa psychiatric hospital, where they allegedly received
inadequate care. The parents claimed that the children were naked,
locked in their wards for too many hours each day, and were under the
influence of sedative medication.
In February the president of Cyprus Mental Health Commission,
Christodoulos Messis, said that, in order to reduce numbers, a great
number of patients in the Athalassa psychiatric unit were being
released into nursing homes for the elderly regardless of their age,
with no plan of rehabilitation within the community. He criticized the
mental health services for not creating appropriate halfway houses and
boarding schools to host psychiatric patients wishing to reintegrate
into society and return to active employment.
The Ministry of Labor and Social Insurance's Service for the Care
and Rehabilitation of the Disabled was responsible for protecting the
rights of persons with disabilities. In addition the minister 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 action for the protection of the rights of persons
with disabilities and served as a forum for persons with disabilities
to contribute to public policy.
National/Racial/Ethnic Minorities.--There were reported incidents
of government and societal discrimination against members of minority
national and ethnic groups, particularly Turkish Cypriots, Roma,
Filipinos, Pontian Greeks, and Sri Lankans.
The 1975 Vienna III Agreement remains the legal source of authority
regarding the treatment of Turkish Cypriots living in the government-
controlled area. The Government generally effectively enforced the
agreement, which provides for the voluntary transfer of populations,
free and unhindered access by UNFICYP to Turkish Cypriots living in the
south, and facilities for education, medical care, and religious
activities.
On December 21, the press reported that a large group of
schoolchildren beat a 15-year-old Cypriot girl of African descent after
a school volleyball game. The attackers shouted racist slogans and did
not stop the beating until police arrived. Her father was notified and
took her to the hospital where she was treated for severe injuries. The
girl's father and KISA complained that the police did not take the girl
to the hospital but instead kept her in a room at the school until her
father arrived. Moreover, the police turned the father away three times
when he attempted to file a report. Police made no arrests in
connection with the incident even though it took place in front of a
large group of witnesses. The minister of education, members of the
House of Representatives, and other officials made statements strongly
condemning the attack and admitting that Cypriot children were having
difficulty accepting multiculturalism. The minister stated that the
case had powerful elements of racism and aggression and underlined that
the question of racism needed to be addressed by the political
leadership and society in its entirety. However, the teachers' union,
OELMEK, denied that there was racism in schools. The ombudsman opened
an investigation into the incident.
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 UNFICYP about their
living conditions in the south. Complaints most often concerned the
lack of affordable accommodation.
After complaining repeatedly about the lack of a Turkish-language
school in Limassol, the Turkish Cypriot teachers' union filed suit,
seeking a declaration from the Supreme Court that a 2005 decision by
the Council of Ministers to operate a mixed elementary school in
Limassol with a specialized program and staff to serve the needs of the
Turkish-speaking students was null and void. The union argued that,
under the 1960 constitution, the Council of Ministers has no competence
in matters of education of Turkish Cypriots. On March 26, the Supreme
Court rejected the union's appeal. The Government stated that,
according to surveys of Turkish Cypriots in the government-controlled
area, none had requested a Turkish-language school.
The ombudsman received complaints that the Government denied
automatic citizenship for children of Turkish Cypriots married to
Turkish citizens. Instead of granting citizenship automatically, the
Ministry of Interior routinely sought approval from the Council of
Ministers before confirming the citizenship of such children. During
the year the Council of Ministers approved 108 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.
However, children of Turkish Cypriots married to Turkish citizens and
living outside of Cyprus were automatically granted citizenship.
On June 12, the Turkish Cypriot press reported that Turkish Cypriot
Emirali Parlan and his seven Turkish Cypriot colleagues working at a
construction site in Paralimni said they were attacked and beaten by
Greek Cypriot police. Parlan said that police officers first pointed
their revolvers at the workers, handcuffed them to each other, then
made them lie on the ground, beat them, and made them stay on the
ground under the sun for a half-hour. Parlan claimed that he showed his
Republic of Cyprus identification to police, but they dropped it on the
ground and later left laughing as if nothing had happened. The incident
was investigated by the independent Authority for Investigation of
Allegations and Complaints against Police, which found that no offense
was committed by police officers.
Other Societal Abuses and Discrimination.--Despite legal
protections, homosexuals faced significant societal discrimination, and
few homosexuals in the country were open about their sexual
orientation. One NGO reported that there were complaints of
discrimination toward homosexuals.
An NGO reported complaints of discrimination toward persons with
HIV/AIDS. NGOs were reluctant to initiate awareness campaigns.
Incitement to Acts of Discrimination.--The Government continued to
use textbooks at the primary and secondary school levels that included
language biased against Turkish Cypriots and Turks or that refrained
from mentioning the Turkish-Cypriot community altogether. This was a
particularly serious concern with history textbooks. Anecdotal evidence
indicated that teachers used handouts and held discussions that
included inflammatory language in the classroom. A special government
committee was set up during the year to look at issues of education
reform, including updating history textbooks. In September the
education minister distributed a circular to all state schools that
called for ``the cultivation of a culture of peaceful coexistence,
mutual respect, and cooperation between Greek Cypriots and Turkish
Cypriots.'' However, some teachers, politicians, and religious leaders
criticized the circular.
Section 6. Worker Rights
a. The Right of Association.--All workers, except members of the
police and military forces, have the legal right to form and join
independent unions of their own choosing without prior authorization,
and workers did so in practice. Police officers were permitted to join
only associations that have the right to bargain collectively but not
to go on strike. More than 70 percent of the workforce belonged to
independent unions. The law allows unions to conduct their activities
without interference, and the Government generally protected this right
in practice. All workers have the right to strike; however, authorities
have the power to curtail strikes in ``essential services,'' although
this power was used rarely in practice. The law provides that members
of the armed forces, police, and the gendarmerie do not have the right
to strike, but it is recognized for all other providers of essential
services. An agreement between the Government and essential services
personnel provides for dispute resolution and protects workers in the
sector.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, and workers exercised this right in
practice; however, collective bargaining agreements were not legally
enforceable. Collective bargaining agreements covered all workers,
citizen and foreign, with the exception of housekeepers and cabaret
workers; approximately 60 percent of workers were covered by such
agreements.
Antiunion discrimination is illegal, but union leaders contended
that private sector employers were able to discourage union activity
because the enforcement of labor regulations was sporadic and penalties
for antiunion practices were minimal.
There are no special laws for or exemptions from regular labor laws
in the export processing zone at the port of Larnaca.
c. Prohibition of Forced or Compulsory Labor.--The Government
prohibits forced or compulsory labor, including by children; however,
there were reports that women and children were trafficked for
commercial sexual exploitation and domestic labor. NGOs reported
isolated cases of asylum seekers trafficked for labor in agriculture.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children, defined as persons under 15,
except in certain cases such as a combined work-training program for
children who have attained the age of 14 and employment in cultural,
artistic, sports, or advertising activities subject to certain rules.
The law permits the employment of adolescents, defined as persons
between the ages of 15 and 18, subject to certain rules and
restrictions.
The Government effectively enforced laws and policies to protect
children from exploitation in the workplace; however, there were two
reports of children trafficked for commercial sexual exploitation. The
minimum age for employment in an ``industrial undertaking'' is 16.
Ministry of Labor and Social Insurance inspectors are responsible for
enforcing the child labor laws and did so effectively. There were
isolated examples of children under 16 working for family businesses.
e. Acceptable Conditions of Work.--The minimum wage was 743 euros
(approximately $1,040) per month for shop assistants, nurses'
assistants, clerks, hairdressers, and nursery assistants. The minimum
wage rose to 789 euros ($1,100) after six months' employment. For
asylum seekers working in the farm/agricultural sector, however, the
minimum wage was either 375 euros ($525) with accommodation and food
provided or 675 euros ($945) without accommodation and food. Neither
amount provided a decent standard of living for a worker and family.
Almost all other occupations, including unskilled workers, were covered
under collective bargaining agreements between unions and employers
within the same economic sector. The wages set in these agreements were
significantly higher than the minimum wage. The wages set for unskilled
workers not covered by the collective bargaining agreements, i.e. non-
EU artistes and domestic workers, were typically lower than the legal
minimum wage.
The Ministry of Interior's Migration Services set the starting
salary for foreigners working as housekeepers at a minimum of 282 euros
(approximately $395) per month, plus a minimum of 120 euros ($168) for
lodging if the worker was not a live-in, and an additional 16 percent,
which employers were required to pay directly to the Government for
social insurance. Medical insurance, visa fees, travel, and
repatriation expenses are covered by the employers. Cabaret artists'
contracts typically stipulated that workers receive at least 18 euros
($25) per day, or 510 euros ($714) per month. Foreign workers were
allowed to claim pensions, and in some cases there were bilateral
agreements that allowed workers to claim credit in their home
countries. Unions and labor confederations generally effectively
enforced negotiated wage rates (collectively bargained rates), which
were generally much higher than the minimum wage. Migration Services
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; this is usually stipulated in
the contracts of workers and in the collective agreements in larger
sectors. The same conditions applied to foreign workers. Ministry of
Labor and Social Insurance inspectors are responsible for effectively
enforcing these laws. However, labor unions reported problems in their
enforcement 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 wages that were much
lower than those provided for in the collective agreements.
The Ministry of Labor and Social Insurance experienced a
substantial increase in the number of complaints of labor exploitation.
Foreign workers, primarily from Eastern Europe and East and South Asia,
were reportedly forced to work up to 13 hours a day, seven days a week,
for very low wages. NGOs and the ombudsman confirmed that employers
often retained a portion of foreign workers' salaries as payment for
accommodations.
There were reports of mistreatment of maids and other foreign
domestic workers. Such reports usually involved allegations that maids,
primarily from East or South Asia, were mistreated by their employers
or fired without cause in violation of their contracts. 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 of them did not complain to
authorities due to fear of deportation.
Health and safety laws apply to places of work in all economic
sectors and were enforced by government inspectors. 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/employee
organizations. However, the law does not apply to private households
where persons are employed as domestic servants. Workers have the right
to remove themselves from work situations that endanger health or
safety without jeopardy to their continued employment, and authorities
effectively enforced this right.
THE AREA ADMINISTERED BY TURKISH CYPRIOTS
Since 1974 the northern part of Cyprus, with a population of
approximately 256,000 persons 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. Mehmet Ali Talat
was elected ``president'' in 2005 in free and fair elections. Elections
to the ``Assembly of the Republic'' in 2005 were also free and fair and
resulted in the formation of a coalition ``government.'' The 2006
elections for two empty seats in ``parliament,'' together with the
municipal elections, were generally free and fair. The ``TRNC
government'' was restructured in 2006 when a minority coalition partner
was replaced. The ``TRNC constitution'' is the basis for the laws that
govern the area administered by Turkish Cypriots. Police and security
forces were ultimately under the operational command of the Turkish
military, per transitional article 10 of the ``TRNC constitution,''
which cedes responsibility for public security and defense
``temporarily'' to Turkey.
Turkish Cypriot authorities generally respected the human rights of
citizens living under their control; however, there were problems in
some areas. Police abuse of detainees and arbitrary arrest and
detention continued to be problems. There were also restrictions on
citizens' privacy rights and on the rights of asylum seekers. There was
no regulatory infrastructure to handle asylum applications or to
protect the rights of asylum seekers. Trafficking in persons was a
problem.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that authorities or their agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
Authorities participated in the autonomous, tripartite (UN, Greek
Cypriot, Turkish Cypriot) UN Committee on Missing Persons (CMP) in
Cyprus as part of its continuing efforts to account for persons who
remained missing after the intercommunal violence in 1963 64 and the
conflict of 1974. In 2006 the CMP began its project to exhume,
identify, and return remains. By year's end the CMP exhumed the remains
of a total of 457 missing persons and returned the remains of 32
Turkish Cypriots to their families. Exhumations continued in different
parts of the island. According to the CMP, 1,395 Greek Cypriots and 470
Turkish Cypriots remained missing.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
reports that police abused detainees.
Prison and Detention Center Conditions.--Prison conditions did not
meet international standards. Inmates complained of overcrowding at the
prison, but the authorities claimed that they addressed the problem.
Inmates also raised complaints, via the media, regarding unsanitary
living conditions and prison authorities' negligence. In the 291
person-capacity prison, the introduction of a bunk bed system raised
official capacity from 291 to 441 persons; of the 331 prisoners held
there at year's end, 54 percent were foreigners, mostly Turkish
citizens. More than 35 percent of the prisoners were awaiting trial.
In May 2007 a riot broke out at the prison. The prison authorities
summoned the special riot police to restore order. According to
reports, the violence broke out over drug dealing. However, police
allegedly targeted not only rioters, but the general prison population,
subjecting scores of prisoners to truncheon blows. The Turkish Cypriot
Doctors' Association obtained permission from the ``Ministry of
Interior'' and, on May 10, entered the prison to examine the inmates.
Of a random sample of 60 prisoners, 54 had heavy bruising of their
legs, consistent with blows from truncheons. The ``prime minister''
subsequently announced that the police intervention would be
investigated, but no results had been announced by year's end.
In September the media reported that a number of inmates were on
hunger strike protesting the poor living conditions in the prison. In
October a group of inmates set their beds on fire to protest what they
considered to be severe punishment in the prison.
Juveniles were not held separately from adults.
The authorities permitted prison visits by independent human rights
observers and journalists. A group from the Turkish Cypriot Doctors
Association visited the prison in May 2007 to observe and investigate.
A group from the Turkish Cypriot Bar Association and another from the
Turkish Cypriot Human Rights Association visited the prison during the
year.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the 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.'' However, the police and
security forces are ultimately under the operational command of the
Turkish military 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 in
conjunction with the inspection division (or occasionally the criminal
investigative division) to conduct investigations into allegations of
police misconduct. There were no investigations resulting in the
prosecution of officers for the abuse of detainees during the year.
Arrest and Detention.--Judicially issued arrest warrants were
required to arrest a person. No person could be detained for more than
24 hours without referral of the case to the courts for extension of
the period of detention. The authorities generally respected this right
in practice. Detainees were usually promptly informed of charges
against them, although individuals believed to have committed a violent
offense often were held for longer periods of time without charge.
Judges could order that suspects be held for investigative detention
for up to 10 days before formal charges are filed, or up to three
months for those accused of serious crimes. Bail was permitted and
routinely used. Detainees were usually allowed prompt access to family
members and a lawyer of their choice. The authorities provided lawyers
to the destitute for violent offenses only. Particularly at the time of
arrest, police sometimes did not observe legal protections. Some
suspects were not permitted to have their lawyers present when
testimony was taken, in contravention of the law. Suspects who demanded
the presence of a lawyer were sometimes threatened with stiffer charges
or physically intimidated.
In September the lawyer representing Ferhat Beyoglu and Metin
Taskin, both accused murder suspects, claimed in court that police were
using torture to pressure his clients to plead guilty. The judge
ordered a medical exam of the suspects, which resulted in no
substantiation of the defendants' claims, and the trials proceeded.
In August, three Iranians arrested in Famagusta for possession of
opium complained in court that they were tortured by narcotics police
in order to force them to plead guilty. The lawyers for two of the
three suspects complained that their clients were stripped naked and
beaten in detention and pressured to sign a statement. The judge
ordered the suspects to undergo a medical examination, which resulted
in no substantiation of the defendants' claims, and the trials
proceeded.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the authorities generally respected judicial
independence in practice.
Most criminal and civil cases begin in District Courts, from which
appeals are made to the ``Supreme Court.'' There were no special courts
for political offenses. In 2007 legislation was passed transferring
jurisdiction from military to civilian courts for cases in which
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. The authorities provided lawyers to the
destitute for violent offenses only. Defendants are allowed to question
witnesses against them and present evidence or 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 of appeal.
Authorities generally respected these rights in practice.
In September the head of the Nicosia Bar, Baris Mamali, complained
via the media that the rights of detainees were not sufficiently
implemented, contravening ``TRNC'' constitutional articles 16-18.
Mamali confirmed that legally granted rights such as the right to
remain silent and the right to a lawyer were not uniformly applied.
Mamali also stated that arbitrary and unjust arrests took place at
times.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There was generally an
independent and impartial judiciary for civil matters, permitting
claimants to bring lawsuits seeking damages for human rights
violations. There were generally no problems enforcing domestic court
orders.
Property Restitution.--During the year Greek Cypriots continued to
pursue property suits in the European Court of Human Rights (ECHR)
against the Turkish government for the loss since 1974 of property
located in the area administered by Turkish Cypriots. Under ECHR rules,
an appellant does not have standing to bring a case before the ECHR
until that appellant exhausts all local remedies, unless no adequate
local remedy exists. In response to the ECHR's 2005 ruling in the
landmark Xenides Arestis case that Turkey's ``subordinate local
authorities'' in Cyprus had not provided an adequate local remedy,
Turkish Cypriot authorities established a ``Property Commission'' to
handle claims by Greek Cypriots. In May 2006 the ``Property
Commission'' began reviewing Greek Cypriot claims and had reportedly
received 378 applications by year's end. By the end of December, 52
cases had been completed; three applicants received restitution of
their properties outright (plus compensation), one received restitution
pending a future settlement of the Cyprus problem, while 46 accepted
compensation in lieu of restitution. Two property exchange (plus
compensation) decisions were also taken. In 2006 the ECHR ruled that
the commission had satisfied ``in principle'' the ECHR's requirement
for an effective local remedy.
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 the
authorities reported otherwise, a Maronite representative confirmed
that houses in three enclaved villages were occupied by the Turkish
military during the year.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the authorities generally respected these
rights in practice; however, journalists were at times obstructed in
their reporting, fined, and threatened with more serious charges.
Individuals can and generally did publicly criticize the
authorities without reprisal. However, in November two youths were
arrested for forming a group on the Facebook Internet site that
involved ``gross personal insults'' against ``TRNC president'' Mehmet
Ali Talat. The youths were detained for three days and released pending
trial.
The independent media were active and expressed a wide variety of
views without restriction. International media were generally allowed
to operate freely. Bayrak Radyo Televizyon Kurumu is the only
``government''-owned television/radio station.
Internet Freedom.--The authorities did not restrict access to the
Internet, and there were no reports that they monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. The
Internet was easily accessible and widely available to the public.
Academic Freedom and Cultural Events.--The authorities did not
restrict academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the authorities generally
respected this right in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the authorities generally respected this right in practice.
Greek Cypriots and Maronites were still prohibited from visiting
religious sites located in military zones. Greek Cypriots and Maronites
were required to apply for permission to conduct church services
anywhere other than the seven churches designated by the authorities.
Missionaries have the legal right to proselytize, but the
authorities closely monitored such activities.
Societal Abuses and Discrimination.--Greek Cypriots living in the
government-controlled area continued to assert that vandals damaged
vacant Greek Orthodox churches and removed religious icons in the area
administered by Turkish Cypriots in previous years; there were no
reported investigations of these incidents. Greek Cypriot claims
included alleged Turkish Cypriot misuse of a Greek Orthodox church in
the village of Trimithi as a ceramics showcase. Turkish Cypriot
authorities denied the claim that using the church as a ceramics
showcase constituted misuse.
There were no reports of anti-Semitic acts. The Jewish community is
very small and composed primarily of nonresident businesspersons.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for freedom of movement
within the area administered by Turkish Cypriots, foreign travel,
emigration, and repatriation, and the authorities generally respected
these rights in practice.
Turkish Cypriot authorities' cooperation with the Office of the UN
High Commissioner for Refugees (UNHCR) in providing protection and
assistance to asylum seekers was uneven, due at least in part to
complications arising from the unrecognized status of the ``TRNC.'' No
law exists regarding the handling of asylum applications, but
procedures were conducted in accordance with an annually renewed
project agreement between the UNHCR and the Turkish Cypriot authorities
on the rehabilitation of asylum seekers. There is a Turkish Cypriot
UNHCR representative in the area administered by Turkish Cypriots.
Asylum seekers, if they qualify after a preliminary investigation, are
referred to the UNHCR representative. During the year, seven Iraqis,
seven Palestinians, three Cameroonians, one Afghani, and one Russian
applied for asylum. At year's end, there were 15 asylum seekers with
work permits issued by the authorities in the area administered by
Turkish Cypriots. The UNHCR provided assistance to the asylum seekers.
There are no reliable estimates of the number of asylum seekers
crossing into the government-controlled areas, as irregular crossings
go unrecorded.
Greek Cypriots and Turkish Cypriots were required to show
identification cards when crossing the green line. In addition Greek
Cypriots and foreigners crossing into the area administered by Turkish
Cypriots were required to fill out a ``visa'' form.
In 2006 the immigration law was amended, and the authorities
reported that all illegal immigrant workers were registered. According
to the new law, all employers who wish to bring foreign workers need
official permission from the ``Department of Labor'' to register
workers. As a result of the new law, the number of illegal workers, and
thus illegal immigrants, in the area administered by Turkish Cypriots
decreased dramatically. The authorities deported illegal immigrants
found without work permits. All illegal immigrants without work permits
were prohibited from entering the ``TRNC'' at the ports of entry.
Asylum seekers were generally treated as illegal immigrants, and were
either deported or denied entry.
The authorities no longer maintained general restrictions on
visitors to the 358 Greek Cypriots and 121 Maronites living in enclaves
in the area administered by Turkish Cypriots, although there were
reports that specific refugees from the enclaved villages were barred
from returning to them.
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 ROC. Turkish Cypriots born after 1974 to
parents who were ROC citizens before 1974 obtained ROC passports
relatively easily, compared to Turkish Cypriots born after 1974 to one
Cypriot parent. Children of Turkish Cypriot mothers and Turkish fathers
were usually denied citizenship by ROC authorities. It was reported
that children of Turkish Cypriot fathers and Turkish mothers also faced
some obstacles. Children born to ``TRNC'' citizen parents of Turkish
origin could not receive ROC citizenship and passports.
The law prohibits forced exile, and the authorities did not employ
it.
Internally Displaced Persons (IDPs).--Although they would fall
under the UN definition of IDPs, Turkish Cypriots considered those
displaced as a result of the division of the island to be refugees.
These persons and their descendants numbered approximately 90,000 to
100,000 in the north. They were resettled, had access to humanitarian
organizations, and were not subject to attack, targeting, or return
under dangerous conditions.
Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees or its 1967 protocol, and the
authorities neither granted refugee or asylum status and did not
establish a system for providing protection to refugees. In practice
authorities did not provide protection against the expulsion or return
of refugees to countries where their lives or freedom would be
threatened. Individuals who requested asylum were supposed to be
directed to the UNHCR. However, the authorities' cooperation with the
UNHCR was uneven, due at least in part to complications arising from
the unrecognized status of the ``TRNC.'' There were reports that the
authorities at times refused entry to persons who arrived with or
without proper documentation at ports of entry, denying them the
opportunity to apply for asylum through the UNHCR.
In September 2007, 17 Iraqis and Palestinians were arrested for
trying to enter the ``TRNC'' through illegal means in a fishing boat
and handed over to the UNHCR. There were also reports of Syrians and
other nationalities utilizing newly established ferry links between
Syria and the ``TRNC'' to arrive on the island with the intent of later
crossing illegally into the government-controlled area.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides Turkish Cypriots the right to change their
government peacefully, and they exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
Elections and Political Participation.--Turkish Cypriots choose a
leader and a representative body every five years or less. In the 2005
``parliamentary'' elections, which were free and fair, parties favoring
a solution to the division of the island based on the UN settlement
plan, known as the Annan Plan, took a near majority of seats.
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. In 2006 Greek
Cypriot and Maronite communities in the area administered by Turkish
Cypriots directly elected municipal officials for the first time;
previously, the ROC appointed these representatives. The Turkish
Cypriot authorities did not recognize these ROC officials.
Authorities did not restrict the political opposition, and
membership or nonmembership in the dominant party did not confer formal
advantages or disadvantages. However, there were widespread allegations
of societal cronyism and nepotism.
There were three women in the 50 seat ``parliament,'' including the
``speaker.''
There were no minorities represented in the ``parliament.''
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, authorities implemented the
law inconsistently and officials sometimes engaged in corrupt
practices. Corruption, cronyism, and lack of transparency were
generally perceived to be serious problems in the legislative and
executive branches.
In November a public servant was sentenced after a lengthy trial to
four years in prison for defrauding the state electricity authority
from 1998 to 2000.
The media reported in August that 116 corruption and/or abuse cases
written up by the Court of the Exchequer since 1986 were still awaiting
review by the ``parliament.''
In June 2007 recurrent and serious allegations of corruption led to
the dismissal of the ``minister of economy and tourism,'' who
represented the junior coalition partner. The ``minister'' was replaced
with a ``member of parliament'' from the same party. Many accounts
claimed that the ``minister'' was soliciting bribes from individuals
and companies which applied for licenses, land allocation and other
services. The details and scope of the corruption was unknown. No
investigation was carried out regarding the allegations by year's end.
Opposition parties continued to claim that the ``government''
mostly hired supporters of the two ruling coalition parties for public
sector jobs during the year.
The ``constitution'' provides for the right of free access to
``government'' information; however, there are no specific laws that
provide for public access. Civil servants were not allowed to give
access to ``government'' documents without first obtaining permission
from their directors or the ``minister.'' There were no reported cases
of persons being denied access to ``government'' information during the
year.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without restriction from the authorities,
investigating and publishing their findings on human rights cases. The
authorities often were cooperative and responsive to their views.
Local human rights groups were concerned almost exclusively with
alleged violations of Turkish Cypriot rights by Greek Cypriots. Other
NGOs included groups promoting awareness of domestic violence, women's
rights, and trafficking in persons. These groups were numerous but had
little impact on public opinion or 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 this unrecognized area.
The UN, through the CMP, continued its efforts to account for
persons who remained missing after the intercommunal violence beginning
in 1963 64 and the conflict of 1974.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the authorities generally enforced it;
however, violence against women, trafficking in persons, and
discrimination against Greek Cypriots and Maronites were problems.
Women.--The law provides for 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 to support rape victims.
Violence against women, including spousal abuse, was a problem. The
law prohibits domestic violence. Even though claims were usually
considered a family matter and settled out of court, there were twelve
domestic violence cases tried during the year, five of which were still
pending. The completed seven cases resulted in various fines but no
prison sentences. The authorities considered a case credible only if
there was at least one witness in addition to the victim.
The law does not specifically prohibit prostitution; however,
encouraging or forcing a person to engage in prostitution is illegal,
and procurement of a prostitute is a misdemeanor. The law regulating
the hiring of women at nightclubs and cabarets provides penalties for
women and employers who ``partially or completely earn a living from
prostitution.''
The law does not specifically prohibit sexual harassment; however,
victims could pursue such cases under other sections of the law. Sexual
harassment was not discussed widely, and any such incidents largely
went unreported.
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.
There were several NGOs, but no functioning ``government'' agencies,
that worked to protect women's rights.
Children.--The authorities were generally committed to children's
rights and welfare.
Turkish Cypriot authorities continued to screen all textbooks sent
to the Rizokarpasso Gymnasium, a Greek Cypriot school, but did not send
textbooks deemed as derogatory back to the government-controlled area.
There were no reported cases of child abuse; however, as with
domestic violence, there were social and cultural disincentives to seek
legal remedies for such problems, which observers believed were
underreported.
Trafficking in Persons.--The law does not prohibit trafficking in
persons, and there were widespread reports that women were trafficked
to and within the area administered by Turkish Cypriots for the purpose
of sexual exploitation. The green line reportedly serves as a porous
crossing point for traffickers to move victims into the south.
Authorities issued worker ``visas'' to women, primarily from
Eastern Europe, permitting their entry into the area administered by
Turkish Cypriots to work in nightclubs and cabarets. There were
credible reports that many of these women engaged in prostitution and
that some women were coerced. The authorities acknowledged the
existence of trafficking; however, they often confused it with human
smuggling or illegal immigration. According to researchers, women
working in nightclubs and cabarets often were sold by agencies that had
advertised for models, babysitters, or elder caregivers. They also said
that large casinos had offered women as ``gifts to their richest
customers.'' By year's end, authorities had tried and concluded 34
prostitution-related cases. Of these, 13 involved charges of
encouraging prostitution, five involved charges of engaging in
prostitution, and 16 involved charges of profiting from prostitution.
All the cases resulted in fines but no prison sentences.
The authorities examined the extent of the trafficking problem and
began to offer some assistance to victims. The ``Ministry of Health''
collected questionnaires on working and living conditions from
nightclub and cabaret employees and hired a Russian-speaking staff
member to interview the women in private to ascertain whether they were
coerced or forced to engage in prostitution.
In 2006 report by the NGO Prologue Consulting Ltd. concluded that
many women working at nightclubs and cabarets were trafficked. Release
of the report sparked numerous press reports and public debate. In
February, at the first-ever antitrafficking conference held in the area
administered by Turkish Cypriots, authorities condemned the practice.
The police reported that they had assisted international
trafficking investigations through Turkish authorities.
There was one NGO available to provide assistance to trafficking
victims.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with 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 423 persons with disabilities and provided
financial aid to another 3,155 of the approximately 3,928 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. A local NGO reported that this remained the
greatest problem for persons with disabilities in the area administered
by Turkish Cypriots.
National/Racial/Ethnic Minorities.--The law prohibits
discrimination, and the 1975 Vienna III Agreement remains the legal
source of authority regarding the treatment of Greek Cypriots and
Maronites; however, the authorities' noncompliance with some of the
agreement's provisions made daily life difficult for the 358 Greek
Cypriot and 121 Maronite residents.
Under the Vienna III Agreement, UNFICYP visited the enclaved Greek
Cypriots weekly and the Maronites twice a month; any additional visits
had to be preapproved by the authorities. Although the Vienna III
Agreement provides for medical care by a doctor from the Greek Cypriot
community, the authorities only permitted care provided by registered
Turkish Cypriot doctors; enclaved persons also traveled to the
government-controlled area for medical care.
Greek Cypriots and Maronites were able to take possession of some
of their properties but were unable to leave any of their properties to
heirs residing in the government-controlled area. The authorities
allowed the enclaved residents to make improvements to their homes and
to apply for permission to build new structures on their properties.
Maronites living in the government-controlled area could use their
properties only if those properties were not under the control of the
Turkish military or allocated to Turkish Cypriots.
A majority of foreign workers in the area administered by Turkish
Cypriots were Turkish. One NGO reported that Turkish workers often were
targeted by police investigations during the year, albeit less
frequently after the authorities registered all foreign workers. The
same NGO also reported that many Turkish workers lived in derelict
buildings in Nicosia, with up to 20 persons sleeping in one room. Those
working in the agricultural or construction sectors reportedly were
forced to sleep on the ground, and those working at restaurants were
seen sleeping after hours on chairs in the establishments where they
work.
Other Societal Abuses and Discrimination.--The law criminalizes
homosexuality in the area administered by Turkish Cypriots.
Homosexuality remained highly proscribed socially and rarely discussed.
There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
a. The Right of Association.--All workers except members of the
police and military forces have the legal right to form and join
independent unions of their own choosing without prior authorization,
and workers did so in practice. Approximately 1 percent of private
sector workers, 60 to 70 percent of semipublic sector workers, and
nearly all public sector workers belonged to labor unions. The law
allows unions to conduct their activities without interference, and the
authorities generally protected this right in practice.
Although the law provides for the right to strike, employers have
an unrestricted right to hire replacement workers in the event of a
strike, which limited the effectiveness of the right to strike. The law
does not ensure due process for essential service workers and states
that judges and members of the police and armed forces do not have the
right to strike. Authorities have the power to curtail strikes in
``essential services'' Although this power was rarely used in practice,
in October 2007 the ``government'' invoked its right to postpone a
strike for 60 days at the ``state'' university, citing the crucial need
of students to continue their education without interruption. The wage-
related dispute between the ``government'' and the unions was mostly
resolved.
Some companies pressured workers to join unions led or approved by
the company. Officials of independent unions claimed that the
authorities created rival public sector unions to weaken the
independent unions.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, and workers exercised this right in
practice; however, collective bargaining agreements were not legally
enforceable. The ``Ministry of Economy'' and union officials estimated
that 98 percent of workers in the public sector, 60 to 70 percent of
workers in the semipublic sector, e.g., the ``state'' university, and 1
percent of workers in the private sector were unionized. Public and
semipublic employees made up approximately 30 to 35 percent of the work
force and benefited from collective bargaining agreements.
The law does not prohibit antiunion discrimination, and union
leaders claimed that private sector employers were able to discourage
union activity because the enforcement of labor regulations was
sporadic and penalties such as reassignment to an undesirable location
or denial of promotion for antiunion practices were nominal.
There are no special laws for or exemptions from regular labor laws
in the export processing zone at the port of Famagusta.
c. Prohibition of Forced or Compulsory Labor.--The authorities
prohibited forced or compulsory labor, including by children; however,
there were reports that such practices occurred. Women were trafficked
for commercial sexual exploitation. Legal and illegal migrant workers
were subject to reduced wages or nonpayment of wages, beatings, and the
threat of deportation.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
authorities effectively enforced the laws and policies to protect
children from exploitation in the workplace.
The minimum age for employment in an ``industrial undertaking'' is
16, and children may be employed in apprentice positions at 15. Labor
inspectors 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.
In June the ``Ministry of Labor'' announced that 32 child workers
were detected in inspections in May and that legal action was taken
against the employers.
e. Acceptable Conditions of Work.--Effective January 1, the minimum
wage was 1,060 lira (approximately $665), which did not provide a
decent standard of living for a worker and family. In August the
minimum wage was raised to 1,190 lira ($750). Migrant workers often
were offered substandard accommodation as part of their compensation or
were made to pay for accommodation. The ``Ministry of Labor and Social
Security'' is responsible for enforcing the minimum wage, and it was
generally enforced. However, one NGO reported that legal foreign
workers in general were paid below the minimum wage.
The legal maximum workweek was 38 hours in the winter and 36 hours
in the summer. Labor inspectors generally enforced these laws, except
in the case of migrant workers, who worked irregular hours and at times
reportedly were required by their employers to work up to 14 hours per
day, seven days a week. The law requires overtime pay, but it was not
uniformly enforced.
As part of an overall program to better regulate legal foreign
workers, the ``Ministry of Labor and Social Security'' and police
routinely checked restaurants, hotels, nightclubs, casinos, and
construction sites to ensure that workers had valid work ``permits,''
that they had signed a contract with their employers, and that working
conditions were safe and sanitary.
In September 2007 the ``government'' amended the labor law,
prohibiting the employment of workers in the construction sector and
related fields on Sundays. The ``Ministry of Labor and Social
Security'' stated the amendment was needed in part to prevent employers
from forcing employees to work seven days a week. The authorities and
the police jointly implemented the law and warned or fined employers in
contravention of it.
The authorities sporadically enforced occupational safety and
health regulations. Although factory inspectors processed complaints
and inspected businesses to ensure that occupational safety laws were
observed, workers who filed complaints did not receive satisfactory
legal protection and could face dismissal. Workers did not have the
legal right to remove themselves from situations that endangered health
or safety without risking their continued employment.
__________
CZECH REPUBLIC
The Czech Republic is a parliamentary democracy with a population
of approximately 10.2 million. In February the bicameral parliament
elected Vaclav Klaus as president and head of state for a second term.
In 2006 free and fair parliamentary elections produced an even split
between right and left parties in the Chamber of Deputies. After
several months of political stalemate, a coalition government led by
the conservative Civic Democratic Party (ODS) and Prime Minister Mirek
Topolanek emerged in January 2007. Civilian authorities maintained
effective control of the security forces.
The Government generally respected and protected the rights of its
citizens; however, reports of abuse by police at times were not
adequately followed up, and there were long delays in the court system.
Corruption persisted among both law enforcement and judicial personnel,
and high level political intervention sometimes resulted in
investigations being prematurely closed or reassigned to other
jurisdictions. There were also reports of official corruption in the
legislative and executive branches of government. Child abuse and
trafficking of women and children for commercial sexual exploitation,
and of men for forced labor, continued to be problems. Neo Nazis,
members of the far right Workers Party, and skinheads attacked and
harassed Roma and other minorities during the year. Societal
discrimination against minorities, especially Roma, continued, and a
lack of equitable education, housing, and employment opportunities for
Roma persisted.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
In September the Prague City Court sentenced former Prague police
officer Milan Pavlis to 10 years in prison for killing a 34 year old
foreign tourist. The killing occurred when the inebriated policeman
provoked a clash with the tourist and stabbed him to death.
Police charged a young man belonging to a local neo Nazi group in
Pribram with killing a member of an antifascist organization. The
killing took place in February during clashes between local neo Nazis
and antifascists. The alleged perpetrator was a neo Nazi dressed in a
German military uniform. He stabbed the victim, a protester belonging
to the militant antifascist group Antifa, who died of his wounds.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them during the year. Police
did not generally use excessive force.
In April the Prague City High Court upheld a lower court's
acquittal of police officer Tomas Cermak, who was charged with abuse of
power for assaulting the former head of the Government's human rights
section, Katerina Jacques, during a 2006 demonstration. Jacques was
protesting a neo Nazi rally in Prague. A journalist, also detained,
photographed the assault. The Interior Ministry imposed minor
punishment, such as demotions, on the officers involved and closed its
internal investigation of the incident on the grounds that no crime had
been committed.
The Government continued to investigate cases of forced
sterilization, mainly of Romani women, since the 1970s. According to a
2005 report by the ombudsman, most allegations of forced sterilization
date to the 1973-91 period. However, the nongovernmental organization
(NGO) Group of Women Harmed by Sterilization (WHS) reported that its
field research uncovered two recent cases, one in November 2008, the
other in 2007. The alleged instance in November involved a 19-year old
Romani woman from Karvina. WHS was gathering more information about the
case at year's end. In the 2007 case, a social worker allegedly told
the victim that she ``had no choice'' and if she did not accept
sterilization, her children would be placed in state care. At year's
end, WHS was seeking legal representation for the victim.
The Ostrava Regional Court ruled in October that a local hospital
was liable for a wrongful sterilization performed on Romani woman,
Iveta Cervenakova, 11 years prior and recognized her right to financial
compensation of 50,000 thousand koruna ($2,600) and an apology. The
hospital appealed to the Olomouc High Court, which ruled in November
that Cervenakova was not entitled to financial damages because the
deadline for making such claims had passed. However, the high court
upheld the requirement that the hospital apologize. Cervenakova
appealed the decision to the Supreme Court in Brno. The case was
pending at year's end. The WHS also indicated that 20 more women, both
Roma and non-Roma, had alleged forced sterilizations, some before 1989
and others in the 1990s. These cases had not been investigated by
year's end.
In 2007 the Governmental Council for Human Rights proposed to pay
each sterilization victim 200,000 korunas ($10,400) in compensation,
but the Government rejected the proposal. At year's end the Government
was seeking assistance from the Institute for the Study of Totalitarian
Regimes to establish the extent to which the sterilizations before 1989
were government policy and to what extent individual hospital and
social workers were responsible.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the Government permitted
visits by independent human rights observers.
In a July 2007 report based on visits to the country in 2006, a
delegation of the Council of Europe's Committee for the Prevention of
Torture (CPT) reported that overcrowding in prisons continued to be a
problem. The CPT recommended that detention facilities provide each
prisoner with a minimum of four square meters (approximately 43 square
feet). The report documented several cases of prisoners who were
physically and sexually abused by other prisoners at the Valdice prison
and noted that allegations of sexual abuse did not appear to have been
taken seriously by prison officials. The report also highlighted the
need to ensure that nonviolent prisoners were held separately from
prisoners convicted of violent crimes.
Although the Government disputed some of the CPT's findings, it
continued to implement a number of the report's recommendations for
improved prison conditions, such as hiring and training more staff,
offering inmates better work and leisure activities, and increasing the
number of refurbished facilities. Additionally, the Government provided
sensitivity training to prison staff on how to identify and better
protect ``at risk'' prisoners from violent inmates.
In October the prison service announced that, overall, the prison
population was 107 percent of the intended capacity of the facilities.
There were 20,500 prisoners in the country's prisons, 1,400 more than
in 2007. However, in contrast to prisons, detention facilities were not
overcrowded and provided each prisoner with the minimum required space.
The Government permitted independent monitoring of prison
conditions by local and international human rights groups, the media,
and the ICRC. The CPT visited prisons and detention centers during the
year; the ICRC did not. According to the Czech Prisons Service, there
were numerous media visits to prisons during the year. All requests for
visits were granted.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--The national police are
responsible for enforcing the law and maintaining public order. While
law enforcement bodies were generally effective, corruption remained a
problem. The Interior Ministry oversees police actions and is
responsible for investigating allegations of police misconduct.
Observers believed that the ministry often whitewashed wrongdoing or
prematurely terminated investigations of units under its control.
Investigations that led to successful prosecution rarely resulted in
lengthy sentences.
According to the Ministry of the Interior, police conducted 43
bribery investigations in the first eight months of the year and
investigated 56 public officials for abuse of authority. During the
same period, justice ministry records indicated that courts convicted
36 public officials of crimes relating to abuse of power, but only
seven were sentenced to prison. Of these, five received sentences of up
to five years and two received sentences of up to 15 years. Of the 21
public officials convicted of bribery related offenses, only one
received a sentence of up to five years' imprisonment.
In September the Prague Municipal Court completed one of the trials
in the long running and complex legal case against the ``Berdych''
gang, involving a conspiracy between criminal elements and members of
the Government's organized crime task force to kidnap, assault, and
ransom wealthy businessmen. Since many of the defendants had already
been convicted in earlier related trials for more serious crimes
carrying longer prison sentences, the court did not impose additional
prison time. Another related trial, focusing on the cooperation of the
gang with five former members of an elite police detachment, began in
August. It had not concluded by year's end.
Arrest and Detention.--Authorities apprehended persons suspected of
crimes openly, using warrants based on sufficient evidence issued by a
prosecutor and brought before an independent judiciary. By law, police
may detain persons without charge for up to 48 hours, during which time
detainees have the right to counsel at government expense, although
they may not contact family members. Police must receive a
determination from a judge and a prosecutor of intent to bring charges
before they can detain the suspect beyond 48 hours. Once the judge and
prosecutor decide to charge the suspect, the suspect may contact family
members. In some instances a judge may allow detention for up to 90
days before the suspect is formally charged to allow for further
criminal investigation (investigative detention). The law provides for
bail except for certain serious crimes or to prevent witness tampering.
Many persons interviewed by the 2006 CPT delegation claimed that
they had not been permitted to contact a lawyer or informed of their
rights until after police had questioned them.
Lengthy pretrial detention was a problem. Under the law, pretrial
detention may last no longer than two years except for ``exceptionally
grave'' offenses. According to prison service data for the first nine
months of the year, the average length of pretrial detention was 90
days. Fifteen detainees, or approximately 0.66 percent of the pretrial
detainee population, had been held for over two years. A suspect may
petition investigating authorities at any time for release from
detention.
Amnesty.--The president granted amnesty to 46 persons for
humanitarian reasons during the year.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice; however, judicial effectiveness was hampered
by complicated procedural rules that often kept cases tied up for years
in judicial uncertainty. Political influence, structural deficiencies,
and a lack of specialized judicial training and resources also
contributed to delays and undermined effectiveness. Credible
allegations of corruption persisted throughout the judiciary,
particularly in commercial and bankruptcy courts, and there was high
level political interference in sensitive public corruption cases.
Several developments in earlier years eroded confidence in the
independence of the judiciary. Beginning in March 2005, President Klaus
refused to appoint dozens of judicial candidates under 30 years of age
who were recommended to him as qualified. The president has also
regularly blocked promotions of younger judges since he came to office
in 2003. Critics charged that the failure to appoint younger judges
blocked court reform efforts, while the president maintained that
younger judges lacked the experience for full judicial
responsibilities. In response to a June 2007 court ruling, Klaus
appointed all but one of the younger judges he previously rejected.
However, he continued to refuse to appoint one candidate, Petr Langer,
despite a ruling in Langer's favor by the Supreme Administrative Court
in May.
A number of legal cases involving judicial misconduct were in
process during the year. They included the resumption in September of
the regional court trial of former bankruptcy judge Jiri Berka,
arrested in 2005 on charges of criminal conspiracy and fraud. His was
the first indictment of a sitting judge for criminal conspiracy since
1989. The Government alleged that a criminal group associated with
Berka embezzled nearly 300 million korunas ($15.6 million) from
domestic companies and that Berka approved the dissolution of companies
based on documents he knew to be fraudulent. The case was pending at
year's end.
In June the Central Bohemian Court in Prague ruled that former
supreme state prosecutor Marie Benesova did not have to apologize to
six top level judicial officials who sued her for describing them as a
``judicial mafia'' that tried to influence the corruption investigation
of then-deputy prime minister Jiri Cunek. The group appealed to the
Prague High Court. The case was pending at year's end.
The court system consists of district, regional, and high courts.
The Supreme Court is the highest court of appeal and a separate
Constitutional Court adjudicates the legality of legislation. Judges
are nominated by the minister of justice and appointed for life by the
president. The Senate confirms constitutional court judges. Defendants
may appeal decisions of the District Courts through appellate layers to
the Supreme Court. Civil cases are handled by the administrative court
system, whose highest court is the Supreme Administrative Court.
In the first seven months of the year, the Ministry of Justice
received only nine calls on its anticorruption hotline, two alleging
corruption on the part of prosecutors and five alleging corruption on
the part of judges. In the same period, the ministry received 32
written complaints of corruption concerning two prosecutors, 12 judges,
and four other judicial officials.
Trial Procedures.--The laws provide for the right to a fair trial,
and the judiciary generally enforced this right.
Defendants enjoy a presumption of innocence. Trials are public, but
juries are not used. In serious cases a panel of judges rules on the
guilt or innocence of the defendant, while a single judge hears less
serious cases. Defendants have the right to be present at trial and to
consult an attorney in sufficient time to conduct a defense; the
Government provides an attorney without charge to defendants who cannot
afford one. Defendants may confront adversarial witnesses and present
witnesses and evidence on their own behalf. Defendants and their
attorneys are entitled to access government held evidence relevant to
their cases. Convicted persons have a right of appeal. The law extends
these rights to all citizens.
There were case backlogs throughout the judicial system, whose
impact was compounded by numerous judicial vacancies. In the first nine
months of the year, the European Court of Human Rights (ECHR) received
approximately 2,400 complaints concerning the country's judicial
system, mostly relating to court delays.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
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; however, inefficiency and inadequate
resources caused significant delays in case resolution. Available
remedies include monetary damages, equitable relief, and cessation of
harmful conduct.
Property Restitution.--The law provides for restitution of
properties confiscated under the Communist regime as well as
restitution of, or compensation for, Jewish property wrongfully seized
during the Nazi era. While it was still possible to file claims for
artwork, the claims period for other types of property has expired.
Significant claims for communal property, two in Brno and one in
Turnov, were before the courts at year's end.
The comprehensive compromise settlement reached between the
Government and the churches in 2007 over restitution of properties of
religious orders, and financial compensation to churches for loss of
their properties, was awaiting parliamentary ratification at year's
end. Protracted litigation between the Government and the Catholic
Church over the ownership of St. Vitus Cathedral continued, pending the
outcome of an appeal by the church against earlier court rulings that
declared the cathedral to be the property of the state.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected the privacy of individuals in practice.
Unlike in 2007, there were no reports of evictions of Roma from
their homes.
Most of the Romani families evicted from their homes in Vsetin in
2006 and placed in new homes in the Prostejov region were having
problems repaying the home loans provided by the city of Vsetin. The
deadline for repaying the loans expired at the end of October. Although
the families could face eviction for not repaying their loans, Vsetin
city officials have indicated that they preferred to reach an agreement
with the families. No action was taken by the Vsetin city
administration either to renegotiate the loans or to evict the
families.
Section 2. Respect for Civil Liberties:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and press, and the Government generally respected these rights
in practice. Independent media actively expressed a variety of opinions
without outside restriction; however, members of the media complained
that the country's weak libel protection law for journalists promoted
an atmosphere of self censorship that discouraged serious, in depth,
investigative reporting; however, there were no reports of threats of,
or use of, lawsuits against media representatives during the year.
The law mandates prison sentences of six months to three years for
persons who deny Communist era crimes or the Nazi Holocaust. Speech
inciting hatred based on race, religion, class, nationality, or other
group affiliation is also illegal and carries a sentence of up to three
years in prison. There were no reports of prosecution on these grounds
during the year.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e mail or chat
rooms. Individuals and groups could and did engage in the peaceful
expression of views via the Internet, including by e mail.
In September the District Court in Havlickuv Brod sentenced two men
to two and three years' imprisonment, respectively, for propagating
Nazism. In 2003 04 the men published an Internet magazine, Last
Generation, that included anti Semitic articles and Holocaust denial.
Some articles called for the physical liquidation of Jews.
According to the Government statistical office, 70 percent of the
population under age 55 reported using the Internet regularly in 2007.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
generally respected this right in practice. The Government may legally
restrict meetings 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.
The Government may prohibit concerts, gatherings, or activities
that promote hate speech and did so on several occasions during the
year. For example, in January authorities denied permission for a march
by extreme right wing groups in Plzen, but they subsequently allowed
the event to be held in March. Participants shouted anti Semitic
slogans when passing the Plzen synagogue. In October the mayor of
Litvinov prohibited a demonstration against the Romani community but
subsequently approved a November 17 march by approximately 500 members
of the far right Workers Party. Efforts by the participants to depart
from the approved march route and attack a Romani settlement were
thwarted by police intervention.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice; however there were some restrictions. Organizations,
associations, foundations, and political parties were required to
register with local officials or the Ministry of the Interior. While
the law prohibits political party activities on university campuses, it
permits students to form their own political associations. At year's
end, authorities were seeking to ban the far right Workers Party on the
grounds that it promoted racial animosity. The case was pending before
the Supreme Administrative Court.
In March the Prague Municipal Court confirmed the 2006 Interior
Ministry decision to ban the Communist Youth Union because the Union's
statutes violated the law and the Constitution, especially the Human
Rights Charter.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
There is a system of registration for religious groups that is
administered by the Ministry of Culture. While registration of
religious groups is not obligatory for assembly or worship, registered
groups enjoy certain benefits under a two tier system which provides
greater benefits, including the right to teach in schools, to larger
and longer established groups. There were 30 officially registered
religious groups, 10 of which had second tier status and were thus
officially permitted to teach in state schools.
Organizations from both the Jewish and Muslim communities were
registered. The small Muslim community of approximately ten thousand
members generally operated freely and maintained two religious centers,
in Prague and Brno. Plans for a mosque in Teplice were put on hold
pending submission of construction diagrams.
Societal Abuses and Discrimination.--There continued to be reports
of societal harassment and discrimination against religious groups.
Although estimates varied, the country's Jewish population was
believed to be approximately ten thousand. Public expressions of anti
Semitism were generally rare, but small, fairly well organized,
ultranationalist groups with anti Semitic views were active around the
country. The Interior Ministry continued to counter such groups,
monitoring their activities, increasing cooperation with police from
some neighboring countries, and shutting down unauthorized neo Nazi and
skinhead rallies.
Several groups that advocated violence against Jews and other
minorities were active. The number of rallies and demonstrations of
extreme right groups increased during the year. Experts on extremist
groups stated that a shift from neo Nazi concerts to public political
events represented an effort by these groups to legitimize themselves
on the political stage prior to regional elections in October.
There were several anti Semitic incidents during the year. While
police investigated all reported incidents, arrests were rare.
Participants in a march of extreme right wing groups in Plzen in March
shouted anti Semitic slogans when passing by the Plzen synagogue.
Authorities prohibited the march for January but subsequently approved
it for March.
In April bronze plaques from 824 tombstones of Holocaust victims at
the National Cemetery in Terezin were stolen. Shortly after the theft,
police arrested three men, and in November the district prosecutor's
office charged them with theft. If convicted, the men could receive
sentences of up to eight years in prison. The crime appeared not to
have been anti Semitic, as the plaques were stolen to be sold as scrap
metal. However, the damage caused to the Terezin Memorial was 2.5
million korunas ($130,000).
Police made no arrests in anti Semitic incidents reported in 2007,
including the February vandalism and theft at a memorial to the Jewish
victims of a 1945 death march in the northern town of Ceska Lipa, the
April desecration of a Jewish cemetery in Hranice na Morave, the
spraying of Nazi and racist symbols throughout the city of Rychnov nad
Kneznou, or the July vandalism in a 19th-century Jewish cemetery in
Pisek.
The Government sought to promote religious and social tolerance. In
January President Klaus and the chairmen of both chambers of parliament
joined the Holocaust memorial ceremony held in the Senate. Other
political officials, including the prime minister and the chairman of
the senate, participated in ceremonies promoting Holocaust remembrance
and respect for the Jewish community. The Government also sponsored
interfaith dialogue.
In September the District Court in Havlickuv Brod sentenced two men
to two and three years in prison each for propagating Nazism. In 2003
04 they published an Internet magazine, Last Generation, that included
anti Semitic articles and Holocaust denial. Some articles called for
the physical liquidation of Jews.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations to give
protection and assistance to internally displaced persons, refugees,
returning refugees, asylum seekers, stateless persons, and other
persons of concern.
The law prohibits forced exile, and the Government did not employ
this practice.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention on
the Status of Refugees and its 1967 protocol, and the Government has
established a system for the protection of refugees.
Immigration and refugee law established a list of ``safe countries
of origin'' from which applicants were unlikely to be granted refugee
status. However, this designation did not automatically bar applicants
from consideration. Applicants whose cases were denied had a right of
appeal to a regional court. The law requires regional court decisions
to be reviewed by a five judge panel that has the authority to refer
cases requiring further consideration to the Supreme Administrative
Court. The law stipulates that only exceptional cases may be appealed
to the Supreme Administrative Court following rejection by the regional
court.
Under a 2005 constitutional court ruling, the Government must
conduct asylum hearings in a language comprehensible to applicants or
provide them with an interpreter.
According to interior ministry statistics for 2008, there were 64
asylum claims pending as of January. Nineteen additional applications
were submitted during the year. The Interior Ministry granted asylum to
160 refugees, 69 persons were granted Czech citizenship, and 141
persons were granted subsidiary protection during the year.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. In June the Government approved a
``National Resettlement Program Strategy'' developed by the minister of
the interior, establishing a framework for a resettlement program. A
pilot program was launched in October when a group of 37 Burmese
refugees were brought from Malaysia to the Czech Republic.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections based on universal
suffrage.
Elections and Political Participation.--The most recent national
elections were held in 2006 for the Chamber of Deputies, the lower
chamber of parliament. In October elections were held for one third of
the seats in the Senate and for regional governments. The elections
were free and fair.
In June police suspended their investigation of bribery allegations
connected to the February presidential election, citing lack of
evidence. The investigation involved charges by Senator Josef Novotny
that Senator Vlastimil Sehnal, a representative of the ODS, offered him
two million korunas ($104,000) to vote for Vaclav Klaus.
Individuals and parties freely declared their candidacies and stood
for election, and political parties operated without restriction or
outside interference.
Women were underrepresented in politics and government. There were
31 women in the 200 seat Chamber of Deputies and 14 women in the 81
seat Senate. There were two women in the 15 member cabinet and five
women on the 15 member Constitutional Court. Two women were elected
governor in October regional elections.
Ethnic minorities were significantly underrepresented. The single
member of a minority group, an ethnic Kazakh, served in the cabinet.
One justice on the Constitutional Court was an ethnic Slovak. Few of
the country's estimated two hundred thousand Roma were integrated into
political life. Some Roma have been appointed to the national and
regional advisory councils dealing with Roma affairs.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
always implement the law effectively and investigations suggested that
public officials at times engaged in corrupt practices with impunity.
Political pressure and ineffective police investigative tools
contributed to the infrequent prosecution of high level corruption.
Disclosure of the origin of financial assets is voluntary for public
figures. The absence of successful prosecutions for corruption (or of
exoneration by the courts) has in turn contributed to public
disenchantment and concerns over impunity.
The press continued to report suspicions of corruption. For
example, in January the Prague city prosecutor dropped an investigation
against Jan Kubice, formerly head of the police unit fighting organized
crime. Kubice had been investigated on charges of abuse of power after
he released a report to parliament in 2006 alleging a link between
organized crime and top governmental officials. The charges against
Kubice were based on allegations that he released the report in order
to influence parliamentary elections later the same year.
In April Jiri Cunek returned to the cabinet and to his post as
deputy prime minister. Cunek was the subject of a protracted
investigation in 2007 for alleged corruption. The investigation was
terminated in November 2007 by Jihlava district prosecutor Arif
Salichov for lack of evidence, a decision confirmed by supreme state
prosecutor Renata Vesecka in December 2007. Critics alleged that the
investigation was closed due to political pressures. The investigation
and its conclusions generated other lawsuits, including one involving
former supreme state prosecutor Marie Benesova and a group of sitting
and former justice officials (See Section 1 e.).
An investigation by Czech and Swedish police and the United
Kingdom's Serious Fraud Office continued into allegations that the
British Swedish aerospace joint venture BAE Systems/SAAB bribed several
members of parliament and ministry officials in 2002 to gain their
approval for a multimillion dollar deal to replace the country's
fighter jet fleet. An expose by Swedish Television in February 2007 led
to the investigation. Three persons who were members of parliament at
that time have acknowledged that they were approached and asked to
accept large bribes but maintained that they refused.
In September 2007 the Ministry of the Interior established a new
anticorruption hotline, administered by the country branch of
Transparency International. During its first six months of operation,
727 persons used the hotline. In 339 cases, the reported corruption
pertained to public tenders on the local level.
The law provides for public access to government information, and
the Government provided such access in practice. Applicants whose
requests are turned down have 15 days to appeal. They may also appeal
if authorities exceed the time limit for processing a request.
Section 4. Government 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 interference, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to human rights inquiries.
The ombudsman, formally called the public defender of rights, made
regular visits to government facilities, examining the treatment of
individuals and monitoring respect for fundamental rights. The
ombudsman issued quarterly and annual reports on his office's
activities in addition to reports on topics of special concern. The
ombudsman operated without government or party interference, had
adequate resources, and was considered effective.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The laws prohibit discrimination based on race, gender, disability,
language, or social status; however, significant societal
discrimination against Roma and women persisted. Trafficking in persons
remained a problem.
Women.--The law prohibits rape, including spousal rape, and the
Government effectively enforced these provisions in practice. The law
provides penalties of two to 15 years in prison. While many experts
considered rape to be significantly underreported, they noted an upward
trend in the number of rape convictions since 2001. They attributed
this trend to improved police training, public awareness campaigns, and
greater interaction between police and NGOs. In the first eight months
of the year, 397 rapes were reported, 243 of which were investigated.
In the first six months of the year, courts convicted 86 offenders,
giving suspended sentences to 26 individuals and prison sentences of
five to 15 years to 15 individuals.
Experts believed that violence against women was much more
widespread than suggested by the number of cases reported to
authorities, due to the stigma associated with reporting such abuses. A
2006 sociological survey jointly conducted by the Czech Academy of
Sciences and Charles University indicated that 38 percent of women
suffered physical abuse by their partners at some point in their lives.
Domestic violence is a distinct crime that is punishable by up to
three years in prison, with longer sentences under aggravated
circumstances. Government efforts to investigate and prosecute cases of
domestic violence improved during the year. Police received extensive
training on identifying domestic violence cases. During the year police
obtained the authority to remove violent abusers from their homes for
10 days. According to a report released by the NGO Bily Kruh Bezpeci
(White Circle of Safety), a total of 343 offenders, including seven
women, were removed from their homes in the first six months of the
year.
In the first 11 months of the year, according to interior ministry
statistics, 486 cases of domestic violence were reported, 382
investigations were completed, and authorities continued to investigate
another 108 cases. In the same period authorities prosecuted 359 cases
of domestic violence. During the first six months of the year,
according to justice ministry statistics, five persons were sentenced
to one year in prison, 28 persons were sentenced to two to five years,
and one person was sentenced to 15 years. While most prosecutions
resulted in conviction, the majority of convictions did not involve
incarceration. Three quarters of the incidents involved domestic
partners or spouses, with women constituting almost 90 percent of the
victims. Children were the victims in most of the remaining cases.
Alcohol played a major role in many domestic violence cases.
Koordona, an association of 13 NGOs dealing with domestic violence,
provided specialized training manuals for health care workers and
distributed materials informing victims of their rights. Police
continued to train personnel selected to handle 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
2,034 calls compared to 1,949 calls in the same period in 2007; 995 of
the calls related to domestic violence.
The law does not prohibit prostitution, but local governments may
limit or regulate it. Pimping is illegal. Prostitution was widespread
in border areas and major urban areas throughout the country.
Foreigners visited the country for purposes of sex tourism, which
involved both sexes, including some juveniles. There were no national
laws addressing sex tourism.
The law prohibits sexual harassment; however, the Government did
not effectively enforce it, and sexual harassment remained a problem.
The law places the burden of proof on the person accused of sexual
harassment. Those convicted can be fined up to 70,000 korunas ($3,640),
dismissed from work, or sentenced to prison.
The law grants men and women equal rights, including in family and
property law matters. Women constituted 43 percent of the labor force.
While their rate of employment grew faster than that of men, women's
salaries for similar work lagged behind men's by almost 25 percent, and
women were more likely to work in professions with lower median
salaries than those chosen by men. The Council for Equal Opportunities
for Men and Women monitored gender issues and advised the Government on
enforcing equal gender rights.
Children.--The Government was generally committed to children's
rights and welfare.
While the Government provided free, compulsory education through
age 15, and most children continued through secondary school,
government provided education opportunities for Romani children were
limited and often insufficient.
According to the most recent data available, a 2005 UN Development
Program survey on education for minorities, only 25 percent of Roma
completed primary education, compared with 73 percent of the majority
population. Romani children were enrolled at disproportionately high
rates in remedial school systems, which effectively segregated them
into a substandard education. In 2007 the ECHR ruled in one case that
the placement of 20 Romani children in a school for mentally challenged
pupils was discriminatory, since 90 percent of children in such schools
were Roma.
The Government continued steps to address discrimination in the
education of Romani children during the year. It continued the policy
of closing ``remedial'' schools and transferring ``slower'' students
into new special education classes or so called ``practical schools,''
pursuant to a 2005 law that abolished remedial schools. However, NGOs
asserted that the new special classes were still discriminatory and
constituted a superficial rebranding of the old system. While some
regions successfully implemented the new policy, others experienced an
exodus of non Romani families concerned that their children would have
to attend school with Roma. According to a study by the European Roma
Rights Center and the Roma Education Fund, Roma were overrepresented in
the practical schools that replaced remedial schools. However, authors
of the study also acknowledged that placement of Roma in practical
schools was often made at the request of their parents.
While the law prohibits family violence, sexual abuse, and other
forms of mistreatment of minors, child abuse remained a problem. During
the first half of the year, police investigated 92 cases of child
negligence or endangerment; authorities prosecuted 42 alleged
offenders; and courts convicted 35, sentencing eight of them to prison.
Social protection agencies reported that authorities remove
approximately 1,900 children from their homes annually due to
mistreatment. Both domestic and foreign NGOs were critical of the fact
that as many as 20,000 children were living in children's facilities,
including more than ten thousand in social care institutes, almost
7,500 in orphanages and correctional institutions, and more than 1,900
in special homes for infants.
Prison sentences for child abuse ranged from five to 10 years. In
October six persons were sentenced to prison for child abuse in Kurim,
where two young boys were severely abused by their mother and others.
In September the District Court in Usti nad Labem sentenced Antonie
Staskova to 24 years in prison and Pavel Grepl to 20 years for the
murder of Staskova's five year old son. In June police arrested Antonin
Novak for the sexual assault and murder of a nine year old boy. Novak
faced a possible sentence of life imprisonment.
In October 2007 President Klaus signed a law prohibiting possession
of child pornography; previously only the manufacture and distribution
of child pornography was prohibited.
Although some members of the Romani community married before
reaching the legal age of 18, underage marriage was not a significant
problem among other groups.
Some children were engaged in prostitution for survival without
apparent third party involvement. NGOs reported that many teenagers in
prostitution were runaways or products of orphanages and the foster
care system. NGOs working with high risk children attributed the
problem largely to deficiencies in the foster care system, which often
failed to provide adequate job skills and promote the adoption of
unwanted children by capable parents.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, trafficking to, from, and to a lesser extent,
within, the country for sexual exploitation and forced labor continued
to be problems. Russia, Slovakia, and other countries in Eastern
Europe, as well as Vietnam, were the largest sources of trafficked
persons. In most cases, victims were trafficked onward to Western
Europe and in some cases to the United States. Czech women were
trafficked to Western Europe, while foreign and local women, as well as
children, were trafficked within the country, particularly to border
regions, and were occasionally sold between organized trafficking
syndicates. Small numbers of men were trafficked to the United States
for forced labor. By some estimates, 80 percent of all foreign
trafficking victims in the country entered legally.
Romani women were at the highest risk of internal trafficking;
girls raised in state homes were also at high risk. According to
government authorities, women already working in prostitution were
particularly vulnerable to traffickers. Trafficked women were often
promised jobs as models, maids, waitresses, and dancers through
employment agencies. Traffickers coerced victims' compliance by
confiscating their travel documents, exploiting their isolation and any
drug and alcohol dependence, employing violence or threats of violence
to the victims or their families, and threatening victims with arrest
and deportation.
Most traffickers were involved in organized crime and entered the
country from Ukraine, Russia, and East Asia. Domestic traffickers often
served as links between East European and West European traffickers.
Penalties for trafficking range from two to 15 years in prison and
are generally similar to penalties for rape and sexual assault.
Authorities may also prosecute traffickers for organized prostitution
and pimping, which are punishable by up to 12 years in prison.
In the first eight months of the year, police investigated six
trafficking cases, authorities prosecuted two suspects, and courts
sentenced two offenders to prison for up to five years. Also in the
first eight months, authorities conducted 25 investigations of pimping
and prosecuted 31 offenders; courts sentenced one defendant to up to
fifteen years in prison, four to five year terms, two to one year, and
gave 22 suspended sentences. Since the Government often utilized other
criminal statutes to prosecute traffickers, it was difficult to develop
an accurate estimate of the total number of trafficking prosecutions
and convictions.
An organized crime unit within the national police was dedicated to
combating trafficking. It worked closely with its counterparts in
Interpol and Europol and also cooperated extensively with the European
Union and foreign governments in the investigation and prosecution of
trafficking cases.
The Government continued to make trafficking crimes a priority by
introducing its third national strategy against trafficking to cover
the period 2008 11. The Ministry of Justice organized several training
sessions on trafficking issues for judges and prosecutors, and the
Interior Ministry continued offering specialized training to police.
During the year authorities continued to carry out the national plan,
updated in 2006, to combat the sexual exploitation of children. A
special police team was established in Cheb, a town on the German
border where sex tourism was common, to fight this growing phenomenon.
The interdisciplinary committee on trafficking, which included
representatives from various ministries and NGOs, continued to meet
regularly to coordinate efforts to implement the national
antitrafficking plan.
Labor trafficking remained a problem. An organized crime unit
within the national police was dedicated to investigating cases of
forced labor, which took place predominantly in the construction
sector. In July 2007 the unit broke up a labor trafficking syndicate
operated by Ukrainian nationals. Punishment for those who organize and
support illegal migration was increased in June 2007.
The Government cooperated with NGOs to provide services to
trafficking victims and to train police and investigators in handling
trafficking cases and referring victims for counseling. The Government
assisted with international investigations, and law enforcement
authorities regularly cooperated with their counterparts in Europe and
elsewhere.
The Government provided psychological and social assistance to
trafficking victims for 60 days after they were discovered. During this
time victims had to decide whether to cooperate with authorities or
return to their home countries. Victims choosing to cooperate are
eligible for residency visas for the duration of the criminal
proceedings and may thereafter apply for permanent residency on
humanitarian grounds.
Starting in October 2007 the Government liberalized procedures
under which trafficking victims could apply for permanent residence,
even when the support they provided fell short of testifying against
traffickers. According to an interior ministry report, 22 victims
participated in the Government's victim protection and assistance
program in the first nine months of the year. Three were Czech, six
came from Ukraine, six from Romania, three from Brazil, and one each
from Slovakia, Russia, Kyrgyzstan, and Uzbekistan. Fifteen of the
participants were victims of trafficking for labor, and seven were
victims of trafficking for commercial sex.
The Ministry of the Interior continued to work with the
International Organization for Migration (IOM) on a campaign to reduce
demand for commercial sexual services along the country's border with
Germany. The NGO Caritas visited schools and asylum centers to conduct
awareness campaigns among potential trafficking victims. Other NGOs
that received government funding, such as La Strada and Rozkos Bez
Rizika (Pleasure without Risk), conducted seminars and distributed
literature describing the dangers and tactics of traffickers. NGOs also
led a large multilingual antitrafficking public relations campaign on
Prague's mass transit system.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and the provision of other state services, and the
Government generally enforced these provisions. However, persons with
disabilities faced a shortage of public accommodations and were
unemployed at disproportionately high rates.
The ombudsman and a team of colleagues from his office are 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.
In March a new government program to aid persons with disabilities,
Mobility for All, was approved for the years 2008 15. The program was
drafted with the participation of the Government Council for Citizens
with Disabilities, a permanent advisory body. The plan includes
programs to bring more persons with handicaps into the workforce and to
reduce physical barriers to employment.
Approximately 60 percent of Prague's metro stations were accessible
to persons with disabilities, and most buses and new tramcars have been
configured to accommodate them. However, the majority of stations in
the city center contained barriers. There were 294 barrier free high
schools across the country as well as 50 barrier free institutions of
higher learning, including universities.
In 2006 the Czech Helsinki Committee noted that more than seventeen
thousand adults and children with mental disabilities lived in social
care homes, the majority of these under legal guardianship. In many
cases the guardian was also the institute's director, giving rise to
claims of conflict of interest.
The use by psychiatric institutions of beds covered with protective
netting to restrain patients with mental disabilities, which some
advocates for persons with disabilities called unnecessarily cruel,
remained a contentious issue. In 2007 the Government amended the rules
for use of coercive means in psychiatric institutions to add
permissible alternatives to netted beds. Later in 2007, a media report
alleged that five social care facilities continued to use netted beds.
The findings were disputed by the Government, which launched its own
investigation. An investigative team of the Ministry of Labor and
Social Affairs reported that it had not discovered any netted or cage
beds in those facilities. They only found standard cribs with netted
sides used by children for rest or sleep only. The upper parts of these
cribs were not covered and the height of the sidepieces did not
correspond to cage beds. The team also found that the cribs were not
being used to restrict free movement. In long term care facilities,
netted beds remained a legal means of restraining both adults and
minors with mental disabilities who were deemed threats to themselves
or others.
National/Racial/Ethnic Minorities.--Minority groups in the country
included Slovaks, Roma, Poles, Germans, Ukrainians, and Vietnamese.
Roma faced high levels of poverty, unemployment, and illiteracy as well
as widespread discrimination from potential employers and local and
school officials.
Latent societal discrimination against the country's Romani
population occasionally manifested itself in violence. Members and
sympathizers of skinhead organizations were the most frequent
perpetrators of acts of interethnic violence, particularly against
Roma.
An estimated seven thousand skinheads were active in the country,
although some observers put the actual figure much higher. During the
year neo Nazi and skinhead rallies took place in several cities.
In July an interior ministry report reviewing extremism in 2007
confirmed that neo Nazi activity had increased and that more extremists
were attending events armed, as evidenced by the increased number of
weapons seized from both neo Nazi and left wing extremists at events in
2007. In January police arrested 30 neo Nazis in the Prague city center
after they attacked a Chinese bistro, causing more than fifty thousand
korunas ($2,600) in damage, and then marched through neighboring
streets. Police confiscated numerous weapons from the detainees.
In February the high court in Olomouc sentenced a Slovak citizen to
13 and one-half years in prison for the murder of a Romani man in
Hodonin in May 2007. The Slovak was found guilty of setting the victim
on fire. The high court also upheld the sentencing of an accomplice,
who poured toluene (methylbenzene) on the victim. Two other accomplices
received suspended sentences.
In April the state attorney filed charges against the former vice
mayor of the Marianske Hory/Hulvaky district of the town of Ostrava,
Jiri Jizersky, for alleged racist remarks about Roma. At a meeting to
discuss the situation in the poor neighborhood called ``Bedriska,''
Jizersky is alleged to have spoken of shooting its Roma inhabitants. In
June the District Court in Ostrava acquitted Jizersky of the crime of
defamation, ruling that he had neither committed a crime nor intended
to provoke the Roma.
In April approximately 30 Roma living in a ghetto in Prerov had to
evacuate their building after someone apparently threw a smoke bomb
into it. Firefighters were unable to identify the cause of the smoke. A
genuine fire broke out in another part of town primarily occupied by
Roma approximately 20 minutes later. It was unknown whether the two
incidents were related. Police did not investigate the incidents.
In September the nationalist Workers' Party, with mostly skinhead
membership, repeatedly attempted to stage an anti Roma march through a
suburb of the city of Litvinov that is mainly inhabited by Roma. In
October mounted police prevented clashes in Litvinov between
approximately 400 neo Nazis and 300 Roma. Two persons, one police
officer and one demonstrator, were injured, and four neo Nazis were
detained. Police accused one of the four detainees of breach of public
order. On November 17, in a further confrontation in Litvinov, an
estimated one thousand police fought hundreds of well armed, right wing
rioters, preventing them from attacking Roma. An estimated 500 members
of the Workers' Party suddenly deviated from the route of their
approved march and turned toward a largely Roma neighborhood. Police
also had to contend with approximately 300 Roma men who gathered to
defend their community. Seven demonstrators and seven police officers
were injured; police arrested 15 protesters.
The law prohibits employment discrimination based on ethnicity;
however, Roma continued to face discrimination in both employment and
education. Precise figures were unavailable, but the unemployment rate
for Roma was estimated to be approximately 75 percent. Some employers
refused to hire Roma and requested that local labor offices not send
them Romani applicants. Continuing a trend from recent years, the
Romani community was better organized in its efforts to confront
discrimination through the legal system.
Roma faced widespread discrimination in access to housing and other
accommodations. Human rights groups reported that some municipalities
attempted to force Romani families to leave, employing such tactics as
evicting them from municipally owned homes because of alleged lapses in
rent payments or coercing them to sign complex agreements they did not
understand, which were then used to curtail existing housing contracts.
Housing discrimination based on ethnicity is prohibited by law, and the
ombudsman publicly criticized these evictions; however, the law also
affords municipalities substantial autonomy in such actions.
Restaurants, bars, and other public places at times refused to serve
Roma.
A 2006 study of living standards among Roma by the Ministry of
Labor and Social Affairs found that more than 330 ghettos were almost
exclusively inhabited by Roma and that the number of ghettos continued
to grow. The study put the combined population in these ghettos at
eighty thousand, more than one-third of the Romani population. The
study found that the ghettos were blighted by substandard housing and
poor health conditions.
The Government failed to remove a large pig farm on the site of a
World War II concentration camp for Roma in Lety, citing a lack of
funds. Instead, in 2007 the Government allocated 50 million korunas
($2.6 million) to build a memorial to Romani holocaust victims near the
farm. Romani holocaust survivors rejected the idea and insisted that
the pig farm be removed. In May several government officials, including
the human rights and minorities minister, the education minister, and
the deputy chairman of the senate, participated in a commemorative
ceremony at Lety.
The Government continued its long term integration plan for Roma,
adopted in 2006. The program provided state paid advisers to assist
Roma in finding employment and special stipends for Romani secondary
school students. The Ministry of Labor and Social Affairs continued to
work with NGOs to increase services to the Romani community.
The Interministerial Commission for Romani Community Affairs,
coordinated by the minister for human rights and minorities, included
12 government and 14 Romani representatives, as well as the ombudsman;
it continued to take an active role in resolving disputes between
Romani communities and their non Romani neighbors. The commission also
promoted antidiscrimination initiatives in housing and education. The
Romani affairs coordinator of the Ministry of Foreign Affairs continued
to function as the ministry's liaison with Romani groups, NGOs, and the
diplomatic community.
Other Societal Abuses and Discrimination.--There were no reported
cases of violence or discrimination against persons based on sexual
orientation.
There were no reports of discrimination against persons who were
HIV positive.
Section 6. Worker Rights
a. The Right of Association.--The law protects the workers' right
to form and join unions of their choice without authorization or
excessive requirements, and workers exercised this right in practice.
Employees in the intelligence services and security organizations,
including police forces, prison service, and military forces, may not
be trade union members. Continuing a declining trend, less than 15
percent of the workforce was unionized. Approximately 75 percent of
union members were affiliated with the Czech Moravian Confederation of
Trade Unions, a national umbrella organization.
The law allows unions to conduct their activities without
interference, and the Government protected this right in practice.
Workers have the legal right to strike if mediation efforts fail, with
the exception of those in critical sectors such as health care, nuclear
energy, oil and gas pipelines, air traffic control, firefighting, and
telecommunications; workers in these industries have access to
mediation. The law requires unions to provide employers with a list of
strikers at least one day before a strike.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, which generally was carried out by
unions and employers on a company basis. The scope for collective
bargaining was more limited for civil servants, whose wages are
regulated by law. A labor code that came into force in December 2007
broadened the opportunities for collective bargaining both in the
public and the private sectors.
The law prohibits antiunion discrimination; according to the
Confederation of Trade Unions, there were occasionally reports of
hidden forms of discrimination, but no concrete complaints.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however there were
reports that women and children were trafficked for commercial sexual
exploitation and also isolated cases of trafficking for forced labor.
An organized crime unit within the national police was dedicated to
investigating cases of forced labor. The Government ended its program
of bringing North Korean workers to the country for work in textile
factories. Their work visas expired in February and were not extended.
d. Child Labor Practices and Minimum Age for Employment.--The
Government effectively enforced laws and policies to protect children
from exploitation in the workplace. The law stipulates a minimum
working age of 15 years, although children with disabilities who have
completed special training may work at the age of 14. Employment
conditions for children ages 15 to 18 were subject to strict safety
standards. The Ministry of Labor and Social Affairs effectively
enforced these regulations in practice.
Children were trafficked within the country for commercial sexual
exploitation.
e. Acceptable Conditions of Work.--The Ministry of Labor and Social
Affairs establishes and enforces minimum wage standards. The national
minimum wage was eight thousand korunas ($415) per month and provided a
decent standard of living for a worker and family when combined with
social benefits for low paid workers. The law provides for a 40 hour
workweek, two days of rest, and a paid break of at least 30 minutes
during the standard eight hour workday. Subject to the consent of the
employee, employers may establish up to eight hours per week of
overtime; the local employment office may permit additional overtime.
Premium pay for overtime is governed by the provisions of employment
contracts. However, according to the IOM, the standard conditions of
work were not always observed in situations involving migrant workers.
The Office of Labor Safety effectively enforced health and safety
standards. Workers have the right to refuse work endangering their life
or health without risking the loss of their employment, and they
exercised this right in practice.
__________
DENMARK
Denmark, with a population of approximately 5.4 million, is a
constitutional monarchy with democratic parliamentary rule. Queen
Margrethe II is head of state. The cabinet, which is accountable to the
unicameral Folketing (parliament), heads the Government. The minority
center right coalition government led by the Liberal Party (Venstre)
won a plurality of seats in the 2007 elections, which were deemed free
and fair. Civilian authorities generally maintained effective control
of the security forces.
The Government generally respected the human rights of its
citizens, and the law and judiciary provide effective means of dealing
with individual instances of abuse. Reports of religious and ethnic
discrimination against minority groups have remained relatively
constant over the past several years, while domestic violence against
women and trafficking in women and children continued to be reported.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--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.
A delegation from the Council of Europe's Committee for the
Prevention of Torture (CPT) visited the country February 11-20 and, at
the request of the Danish government, issued a report on September 25.
The great majority of persons met by the delegation who had been
detained by police indicated that they were treated correctly at the
time of apprehension and during questioning. Several persons, however,
complained of excessive use of force, while maintaining that they had
not offered resistance. Some detained persons of foreign origin or non-
Danish ethnicity alleged verbal abuse with xenophobic or racist
connotations by the arresting officers.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards; however, pretrial detainees were
often held with convicted criminals. The CPT report stated that efforts
by the authorities had succeeded in reducing interprisoner violence.
During its February visit, the CPT delegation heard allegations
that officers at the East Jutland prison used excessive force when
controlling and placing prisoners in a security cell.
The Government permitted visits by independent human rights
observers.
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 Ministry of Justice, have sole policing authority in the
country. In January 2007 the Government initiated a reform of the
police, with the objective of achieving a more modern police service
with sustainable police districts capable of carrying out major
investigations and providing large-scale emergency and support
services. As part of the reform, the previous 54 police districts were
consolidated into 12 districts (plus the Faroe Islands and Greenland)
and a national commissioner's office. The Minister of Justice, with the
approval of parliament, appoints the police chiefs of each district and
the national commissioner. Corruption and impunity were not a problem.
The Government has effective mechanisms to investigate and punish abuse
and corruption. There was continued police training in recognition,
reporting, and investigation of racially motivated cases during the
year.
Arrest and Detention.--By law the police are allowed to begin
investigations and make arrests either without a warrant based upon
visual evidence, or on the basis of indictments filed by public
prosecutors with the courts. A court may summon the accused to appear
or order police to arrest the accused based upon an application filed
by a public prosecutor. Apprehended persons were brought before an
independent judiciary. If an individual is taken into custody, the law
provides for an initial appearance before a judge within 24 hours;
however, noncitizens may be detained for up to 72 hours before being
given a court appearance. Authorities generally respected the right to
a prompt judicial determination. Detainees were informed promptly of
charges against them. The country does not have a bail system; rather,
a judge decides within 24 hours of detention either to release the
detainee on his or her recognizance or to keep the detainee in jail
until trial. According to the Office of the Director of Public
Prosecution, of the total number of pretrial detainees in 2006, 88
percent served less than three months in pretrial custody.
Arrested persons have the right to counsel at the initial hearing,
and the Government provided counsel for those who could not afford
legal representation. In addition, a Ministry of Justice circular to
police provides detailed rules and procedures to be followed by police
with regard to the rights of detained persons to inform next-of-kin of
their arrest, to contact a lawyer, and to have access to medical
treatment. However, during its February visit to the country, the CPT
heard allegations from detained persons that the instructions were not
being applied systematically. According to the CPT report, ``The
majority of the detained persons interviewed by the delegation
indicated that the first time they had met a lawyer was in court, when
the application of the measure of remand custody was being decided.''
The CPT delegation also heard from a number of detained persons
(including juveniles) that they had not been allowed to contact their
relatives in person after being detained.
The law does not allow any visitors during the first 24 hours of
detention except for legal counsel. However, depending upon the
charges, the police generally did not restrict visitor access in
practice.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice. The judicial system consists of local courts,
which hear cases in the first instance; two regional high courts, which
address appeals; and the Supreme Court, which is the highest and final
court of appeal.
Trial Procedures.--The constitution and law provide for the right
to a fair trial, and an independent judiciary generally enforced this
right. Defendants are presumed innocent until proven guilty. Trials are
public. Juries are required for criminal cases in which the maximum
penalty is greater than four years' imprisonment. The law provides for
defendants' 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 case.
The right of appeal encompasses both procedural matters and sentences
imposed. The law provides that criminal sentences can be increased when
bias is proved as a motive. Bias can be based on race, ethnicity,
gender, sexual orientation, or religion.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, including access to the court
system to bring lawsuits seeking damages for, or cessation of, a human
rights violation. There were no reported problems enforcing domestic
court orders.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press. Individuals were able to
criticize the Government publicly and privately without reprisal.
The law prohibits any public speech or dissemination of statements
or other pronouncements by which a group of persons is threatened,
derided, or degraded because of their race, skin color, national or
ethnic background, faith, or sexual orientation; offenders may be fined
or imprisoned for up to two years. The law also prohibits ``blasphemy''
and provides that a person who publicly mocks or insults a legally
existing religious community's tenets of faith or worship may be fined
or imprisoned for up to four months.
On February 13, all 17 major newspapers in the country republished
Kurt Westergaard's caricatures of the Islamic prophet Mohammed that
first appeared in 2005. The republication was stimulated by a foiled
plot by three Muslims to kill the cartoonist. Press reports suggested
that the majority of citizens saw the issue as one of freedom of speech
being more important than the objections by members of a particular
religious community. The republication was followed by anti-Denmark
demonstrations and Danish embassy closings in several Muslim-majority
countries. Members of parliament cancelled a planned trip to Iran after
members of the Iranian parliament demanded an apology for the
republication of the cartoon; the members of parliament did not
apologize. The Government did not attempt to apply the anti-blasphemy
law to the publication and republication of the cartoon.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. As
of July 2007 an estimated 83 percent of the population had access to
the Internet from home.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Evangelical Lutheran Church is the official state church and
enjoys some privileges not available to other faiths, such as receiving
state subsidies directly through the tax system. Members of other
faiths, notably Catholics, have asserted that the system is unfair, and
that although the Government provides religious freedom, it does not
provide religious equality. Allowing other religious organizations to
be given the same status and privileges as the Evangelical Lutheran
Church would require changes to the constitution. While the Government
does not require that religious groups be licensed, the Government's
recognition is required for religious ceremonies, such as weddings, to
have civil validity or for such religious groups-at year's end
numbering more than 100-to receive tax exemptions.
Religious history, with special emphasis on the Evangelical
Lutheran faith, was taught in public schools, but students could
withdraw from religious classes with parental consent.
Societal Abuses and Discrimination.--There were isolated incidents
of societal abuses and discrimination, including anti-immigrant (mainly
Muslim and African) graffiti, desecration of ethnic minority
gravesites, and low-level assaults, as well as some denial of service
and hiring on racial grounds. Societal discrimination against religious
minorities was difficult to distinguish from discrimination against
ethnic minorities. The Government condemned the incidents, investigated
several, and brought some cases to trial.
Reports continued of desecration of graves, including Muslim
graves. The number of cemeteries vandalized in the country increased
from previous years. Unofficial data compiled by the newspaper
Kristeligt-Dagblad indicated that 45 cemeteries were vandalized in
2007, compared to an annual average of 29 cemeteries from 2001 to 2005.
The Jewish population was estimated at 7,000 persons. There were
isolated incidents of anti-Semitism, apparently perpetrated primarily
by immigrants, according to victims' reports. Most incidents involved
vandalism, such as graffiti, and nonviolent verbal assaults.
Police made no arrests and closed the January 2007 case of
vandalism of the Copenhagen synagogue. Unknown perpetrators had thrown
rocks at two of the synagogue's windows and smashed them.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, asylum seekers, stateless persons, and other persons of
concern.
The constitution and law prohibit forced exile, and the Government
did not employ it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice, the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government granted refugee status or
asylum. In the period through July, 1,126 applications for asylum were
filed and 765 persons were granted residency permits, including some
that resulted from applications filed in 2007. This total included
temporary protection provided to certain individuals who fell outside
the definition of the 1951 UN convention and the 1967 protocol; the
Government provided such protection to 238 persons through July,
including 71 Iraqi interpreters and their families.
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.
The territories of Greenland and the Faroe Islands have
democratically elected home rule governments whose powers encompass all
matters except foreign and national security affairs, police services,
and monetary matters. Greenlanders and Faroese have the same rights as
other citizens. Each territory elects two representatives to the
parliament. In a November referendum ratifying an agreement between
Denmark and Greenland, Greenland was granted additional
responsibilities for justice and home affairs and was granted formal
legal recognition as a people.
Elections and Political Participation.--Prime Minister Anders Fogh
Rasmussen, leader of the Liberal Party, was reelected in November 2007
in free and fair elections.
In 2005 free and fair municipal elections were held following
parliament's adoption of a structural reform plan, which reduced the
number of municipalities from 271 to 98 in January 2007. As a result of
the elections, the number of municipal council members from ethnic
minority backgrounds significantly increased.
Political parties could operate without restriction or outside
interference.
There were 68 women in the 179-seat parliament and seven women in
the 19-seat cabinet. Women accounted for 44 percent of the public
council board and committee members.
There were four members of minorities in the 179-seat parliament.
There were none in the 19-seat cabinet.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented the law effectively. There were isolated reports of
government corruption during the year. Public officials are not subject
to financial disclosure laws, but a government official is not allowed
to work on cases in which he or she has a personal or economic
interest, or represents or has close relations to someone with a
special interest in the case. Officials are obligated to inform
superiors of any possible disqualification issues related to a case.
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 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status, and the Government
generally enforced the law effectively. However, there were incidents
of violence against women, child abuse, and trafficking in persons.
Women.--Rape, including spousal rape, is a criminal offense, and
the Government effectively prosecuted persons accused of such crimes.
There were 492 reported rapes, 401 official charges of rape, and 87
convictions in 2007. Preliminary figures for the current year indicated
that there were 183 reported rapes and 158 charges filed through June,
with 29 convictions.
Violence against women, including spousal abuse, remained a
problem. During the year the Institute for Public Health and the
National Organization of Women's Shelters estimated that approximately
70,000 women annually are exposed to physical violence, with
approximately 28,000 exposed to domestic violence or the threat of
domestic violence. In 2007 approximately 22,000 children aged 15 or
younger were living in homes where the mother was exposed to violence.
The National Organization of Shelters for Battered Women and Their
Children reported that in 2007 shelters provided a safe haven for 3,327
women and children, 45 percent of whom were of non-Danish background.
According to the law, any assault on another person is illegal. This
also applies to domestic violence and rape. Penalties include
imprisonment for up to 12 years depending on the magnitude of the
offense. The Government and nongovernmental organizations (NGOs) have
set up 24-hour hot lines, counseling centers, and shelters for female
victims of violence and embarked on nationwide information campaigns
and police training on gender-based violence.
Prostitution is legal, but subject to restrictions; pimping,
coercion into prostitution, solicitation of prostitution from a minor,
and trafficking are illegal. According to the Ministry for Social
Welfare and Gender Equality, an estimated 5,500 persons were engaged in
prostitution in 2007, while an unknown number participated in illegal
prostitution.
The law prohibits sexual harassment and provides for awards of
monetary compensation for victims of sexual harassment. The Government
effectively enforced the law. There were few reported cases during the
year.
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, but in 2006 female workers earned approximately 21
percent less on average than male workers in the private sector, while
the wage gap was approximately 16 percent in the local government and 8
percent in the central government. Even when adjusted for maternity
leave, differences in education, and other relevant factors, women
earned approximately 2 to 6 percent less than their male counterparts
for the same work. Women did not experience economic discrimination in
access to employment, credit, or owning or managing businesses. Women
held positions of authority throughout society, although they were
underrepresented in senior business positions and as university
professors. Amendments to the Act on Equal Pay to Men and Women came
into effect in January 2007 that, among other things, oblige employers
to report wages by gender.
Children.--The Government was strongly committed to children's
rights and welfare.
In 2007 there were 126 reports of sexual abuse of children aged 15
or younger, 132 official investigations, and 36 convictions (some of
the investigations and convictions resulted from reports or
investigations instigated the previous year). Preliminary reports
through June indicated 80 reports of sexual abuse, 76 charges filed
against suspects, and nine convictions. NGOs and the Antitrafficking
Center reported that during the year 14 minors had indicators of being
trafficked, possibly for commercial sexual exploitation or petty crime.
Female genital mutilation (FGM)-with or without consent from the
victim or her parents-is illegal and carries a penalty against the
perpetrator of six to 10 years imprisonment. The law applies to Danish
nationals or residents regardless of whether the act was committed
within the country or abroad and regardless of whether the act was a
criminal offense under the law of the state where it was committed. At
year's end, there had been no convictions under this section of the law
since the criminal code was amended in 2003, but the first court case
under this section was scheduled to go to trial in January 2009. The
Government conducts information campaigns targeting the issue of FGM.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that persons were trafficked to
and through the country.
The country was both a destination and a transit point for women
and children trafficked from the Baltic countries, Eastern Europe,
Southeast Asia, West Africa, and Latin America for the purposes of
sexual exploitation and occasionally to work in petty crime. There were
approximately 5,000-6,000 prostitutes in the country, including an
estimated 2,000-3,000 foreign women, some of whom were believed to be
trafficking victims.
Traffickers lured victims with the prospect of higher wages and a
better life, then forced them into prostitution, often withholding
their passports. According to Copenhagen police, women were recruited
in their native countries and then transported to Denmark and forced
into prostitution. Authorities suspected that traffickers had ties to
organized crime.
The law criminalizes trafficking and provides for a maximum prison
term of eight years for those convicted of trafficking in persons. In
2007 police conducted 11 trafficking investigations and prosecuted 23
trafficking cases. There were eight convictions on trafficking charges,
with some resulting from prosecutions begun in previous years. The
authorities also conducted 23 procurement investigations and prosecuted
31 procurement cases. There were 12 convictions on procurement charges.
The national commissioner for police maintained an internal task
force on trafficking in persons, assisted local police constabularies
with investigations, and trained officers to recognize and investigate
trafficking cases. The Government cooperated with international
investigations of trafficking and exchanged information with
neighboring countries.
Women identified as trafficking victims by the Danish Immigration
Service were not prosecuted for immigration violations. Women who
accepted the offer of assisted voluntary return received help from
local NGOs and the International Organization of Migration.
In March 2007 the Government adopted a trafficking action plan for
2007-10 based on the recommendations of an independent audit of the
previous action plan. The Government created the National
Antitrafficking Center in 2007 to implement the new action plan and
coordinate efforts to combat trafficking.
The Government funded two NGOs that provided social, medical, and
legal services to trafficking victims. Government funding was also used
for NGO outreach programs as well as for hot lines to support victims,
prevent trafficking, and gather data on the extent of the problem. The
Ministry of Social Welfare subsidized a hot line and Web site, and
organized antitrafficking seminars for NGOs, the police, and foreign
embassies to provide information on legislation, identifying
trafficking victims, and how to provide assistance.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, access to health care, and the provision of other state
services, and the Government effectively enforced these provisions in
practice. The law mandates access to buildings for persons with
disabilities, and the Government generally enforced these provisions in
practice. The responsibility for protection of the rights of persons
with disabilities falls under the Ministry of Social Affairs and is
implemented by the municipal governments. The Danish Disability
Council, a government-funded organization, monitored the status of
persons with disabilities and advised the Government and the parliament
on issues relating to disability policy. The Equal Opportunities Center
for Disabled Persons is a government-funded entity that documents and
alerts the Government to inequalities in society that affect persons
with disabilities.
National/Racial/Ethnic Minorities.--In 2007 there were 32 reported
cases of racial discrimination or racially motivated violence; however,
some incidents went unreported. Reported cases involved graffiti,
vandalism, theft, and racist Internet and written messages. According
to police, the victims were ``Jews and people of an ethnic origin other
than Danish'' (usually meaning both African and Middle Eastern ethnic
groups). Members of other minority groups were sometimes the
perpetrators of the incidents. The Government effectively investigated
and dealt with cases of racially motivated violence.
The presence of ethnically and racially diverse refugees and
immigrants (mostly Iraqis, Palestinians, Moroccans, Pakistanis, Sri
Lankans, Somalis, and refugees from the former Yugoslavia) caused some
tension between citizens and immigrants, which was documented in press
reports.
Indigenous People.--The law protects the rights of the indigenous
Inuit inhabitants of Greenland. Greenland's legal system seeks to
accommodate their customs, provides for the use of lay persons as
judges, and sentences most prisoners to holding centers (rather than
prisons), where they are encouraged to work, hunt, or fish during the
day.
Other Societal Abuses and Discrimination.--There were no reports of
societal discrimination based on sexual orientation.
There were no reports of societal discrimination against persons
with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law states that all workers,
including military personnel and police, may form or join independent
unions of their choosing without previous authorization or excessive
requirements. Approximately 77 percent of wage earners belonged to
unions that were independent of the Government and political parties.
The law provides for the right to strike, and workers exercised this
right by conducting legal strikes.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected by law and was freely practiced. Approximately
85 percent of the workforce was covered by collective bargaining
agreements. These agreements indirectly influenced wages and working
conditions for the rest of the workforce. The law allows unions to
conduct their activities without interference, and the Government
protected this right in practice.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that children were trafficked for commercial sexual
exploitation.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the exploitation of children in the workplace, and the
Government effectively enforced it in practice.
The minimum legal age for full-time employment is 15 years. The law
sets a minimum age for part-time employment of 13 years; however,
school-age children are limited to less strenuous tasks. The law limits
work hours and sets occupational health and safety restrictions for
children.
NGOs and the Antitrafficking Center reported that 14 minors had
indicators of being trafficked during the year, possibly for commercial
sexual exploitation or petty crime.
Child labor law is enforced by the Danish Working Environment
Service (DWES), an autonomous arm of the Ministry of Labor.
e. Acceptable Conditions of Work.--The law does not mandate a
national minimum wage; minimum wages are negotiated between unions and
employer associations. According to the terms of the country's largest
collective bargaining agreement, negotiated in the spring and covering
almost the entire industrial sector, the minimum wage is 100.65 kroner
(approximately $19) per hour, exclusive of pension benefits. The wage
provided a decent standard of living for a worker and family.
Workers generally worked a 3-hour workweek, established by contract
rather than by law. Workers received premium pay for overtime and were
not subjected to compulsory overtime. Working hours are determined by
collective bargaining agreements, which adhere to the European Union
directive that an average workweek not exceed 48 hours.
The law prescribes conditions of work, including safety and health;
the DWES ensured compliance with labor legislation. During the year,
the DWES conducted approximately 61,000 company audits with
approximately 40,000 requests for additional information or required
improvements, and approximately 28,000 company screenings and
inspections. If required improvements are not carried out within the
given time frame, the DWES has the authority to take the case to the
police or courts. Workers may remove themselves from hazardous
situations without jeopardizing their employment, and authorities
effectively enforced this right in practice. Similar work conditions
were found in Greenland and the Faroe Islands, except that there the
workweek was established by contract at 40 hours.
__________
ESTONIA
With a population of 1.34 million, Estonia is a multiparty
constitutional parliamentary democracy with a unicameral parliament, a
prime minister as head of government, and a president as head of state.
Parliamentary elections held in March 2007 were generally free and
fair. Civilian authorities generally maintained effective control of
the security forces.
The Government generally respected the human rights of citizens and
the large ethnic Russian noncitizen community; however, there were
problems in some areas. There were allegations that police used
excessive force during the arrest of suspects; authorities investigated
and brought charges against alleged offenders. Conditions in detention
centers generally remained poor. Lengthy pretrial detention continued
to be a problem. Domestic violence, inequality of women's salaries,
child abuse, and trafficking of women and children were also reported.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
or other disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
reports that police used excessive physical force and verbal abuse
during the arrest and questioning of suspects.
During the year, prosecutors or police authorities processed 37
criminal cases related to police officers' excessive use of force.
Charges were dropped in 19 cases, 16 were pending, and two were sent to
the prosecutor's office for further action by year's end.
On April 30, a former police officer was found guilty of use of
excessive force during an arrest in 2004. Harju county court sentenced
him to a fine and three years probation in 2007. In February the
District Court upheld the county court decision.
On October 1, a Northern circuit prosecutor asked the Harju county
court in Tallinn to impose fines on two police officers for the use of
excessive force in April 2007. On November 27, the court found the
officers guilty and fined them 37,000 kroon (approximately $3,320) and
38,000 kroon (approximately $3,410).
Two cases that were pending against police officers for alleged use
of excessive force during riots in April 2007 were dropped when it was
determined that no criminal act had taken place.
The police internal control department investigated one case of
excessive force. The officer was found not guilty and the charges were
dropped.
Prison and Detention Center Conditions.--Conditions in many
detention centers remained poor and overcrowded; however, overcrowding
in prisons decreased considerably with the July 29 opening of a new
prison in Viru County that could hold up to 1,000 prisoners. A new
detention facility with a capacity of 150 persons was opened within the
confines of the new Viru County Prison. The Kohtla-Jarve detention
center, which was known for having poor conditions, was closed. In July
the chancellor-ombudsman criticized the shortage of staff, poor living
conditions, and limited availability of medical aid in the Paide
detention center. In April 2007 the chancellor-ombudsman criticized the
limited availability of medical aid in detention centers in Narva and
elsewhere.
There were no killings by other inmates in prisons during the year.
On January 17, the trial began, and continued on November 3, against
the former acting director, the former security chief, and a former
warden of Murru prison on charges of negligence. In May 2007 a
prosecutor filed charges of negligence as a result of events that took
place in 2006. The court case was pending at year's end.
The Government permitted prison visits by independent human rights
observers, and such visits occurred. There were no visits by the
International Committee of the Red Cross during the year. In May 2007
the Council of Europe (COE) Committee on the Prevention of Torture
visited the country; the results of the visit had not been released by
year's end.
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, security police,
tax and customs board, and national border guard, and the Government
has effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving the security
forces during the year.
Arrest and Detention.--Under the law, authorities must possess
warrants issued by a court to make arrests. They must inform detainees
promptly of the grounds for their arrest. There is a functioning bail
system. Authorities may hold a person for 48 hours without charge;
further detention requires a court order. Police rarely violated these
requirements. Detainees must be given immediate access to legal
counsel, and the Government pays for legal counsel for indigents. A
person may be held in pretrial detention for six months. In cases
involving a particularly complex criminal matter, a preliminary
investigation judge may extend the length of pretrial detention at the
request of a chief public prosecutor. Lengthy pretrial detention was a
problem. Approximately 28.3 percent of the prison population was in
pretrial detention; the average length of pretrial detention was seven
months.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
There is a three-tier court system. County and city courts and
administrative courts adjudicate matters in the first instance. Appeals
against the decisions of these courts are heard by three courts of
second instance, sometimes called District Courts or courts of appeal.
The Supreme Court is the court of highest instance and is also the
court for ``constitutional supervision.''
Trial Procedures.--Defendants enjoy a presumption of innocence and
have a right of appeal. Trials are public. Juries are not used. A judge
and public assessors, a judge, or a committee of judges hear cases.
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 attorney. In civil proceedings an attorney
is provided for indigents. Defendants may confront or question
witnesses against them and present witnesses and evidence on their own
behalf. Defendants and their attorneys have access to government-held
evidence relevant to their cases. The law extends these rights to all
residents, whether or not they are citizens.
The constitution provides for the right to a fair trial, and an
independent judiciary generally enforced this right.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. There is access to a court to
bring lawsuits seeking damages for, or cessation of, a human rights
violation. Administrative as well as judicial remedies are available
for alleged wrongs. There were no problems with enforcing domestic
court orders.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. 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 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.
During the year, 69 percent of the population used the Internet and
approximately 54 percent of households had Internet access in the home.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for this right, and the Government
generally respected it in practice, but there were exceptions.
While authorities have wide discretion to prohibit public
gatherings on public safety grounds, they did so only under exceptional
circumstances. Unlike in the previous year, there were no cases of
authorities denying permission to hold public protests on security
grounds.
Freedom of Association.--The constitution provides for this right
for citizens, and the Government generally respected it in practice.
However, the law specifies that only citizens may join political
parties.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice. The law prohibits activity that publicly incites hatred,
violence, or discrimination on the basis of a variety of
characteristics, including religion, if it causes a threat to a
person's life, health, or property.
Societal Abuses and Discrimination.--Relations between the various
religious communities were generally amicable; however, the Estonian
Apostolic Orthodox Church and the Estonian Orthodox Church under the
Moscow Patriarchy continued to have differences over the disposition of
Orthodox Church property.
The Jewish community was estimated to have approximately 2,500
members. There were no reports of anti-Semitic acts.
In November, according to media reports, the security police
terminated the criminal investigation into the activities of a Finn
with Estonian citizenship suspected of working to establish an
``anticonstitutional right-wing organization.'' According to the media,
he used Nazi symbols and ideology and planned a paramilitary wing of
the organization. No evidence was found that he planned to change the
country's constitutional order.
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.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The constitution prohibits forced exile, and the Government did not
employ it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The Government has a ``safe country of origin or transit''
policy; it regarded countries that were parties to the UN refugee
convention as safe countries, but all asylum seekers were granted
individual interviews.
In practice the Government provided protection against expulsion or
return of refugees to countries where their lives or freedom would be
threatened. The Government granted refugee status or asylum to four
individuals.
The Government did not provide temporary protection to individuals
who did not qualify as refugees under the 1951 convention or the 1967
protocol.
Stateless Persons.--Citizenship is derived from one's parents (jus
sanguinis). According to government statistics, approximately 110,000
persons, or 8.2 percent of the population, were of undetermined
citizenship or de facto stateless. This represented a decline of 32
percent from 1992. According to UNHCR statistics there were 116,248
stateless persons in the country at the end of 2007.
The majority of stateless persons were long-term residents and, as
such, could vote in local but not parliamentary elections. The
Government has statutory procedures in place that offer opportunities
to gain legal residence status or citizenship. Authorities have adopted
policies, such as funding citizenship and language courses and
simplifying the process for persons with disabilities to facilitate
acquisition of citizenship by those stateless persons who wish it.
Children whose parents are residents of undetermined citizenship and
have lived in the country for five years are eligible to acquire
citizenship at their parents' request.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.
Elections and Political Participation.--Parliamentary elections
held in March 2007 were generally free and fair and led to the
formation of a three-party coalition government that took office in
April 2007. Political parties could operate without restriction or
outside interference.
Only citizens may vote in parliamentary elections and be members of
political parties. Resident noncitizens may vote in local elections if
they have lived for at least five years in the municipality or city
that corresponds with their permanent residence as listed in the
country's population register. European Union (EU) citizens who have
established permanent residency may also vote in local elections.
Resident noncitizens may not run for office. EU citizens who are
registered in the country's population register may vote in the
European Parliament elections.
There were 21 women in the 101-seat parliament. The speaker of the
parliament and the deputy speaker of the parliament were women. There
were three women in the 14-member cabinet.
There were nine members of ethnic minorities in the 101-seat
parliament.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. There were isolated reports of
government corruption during the year.
On January 31, the Viru County Court found a former judge of the
Harju County Court guilty of accepting a bribe in 2006 and sentenced
him to three and a half years in prison. The former judge appealed the
sentence.
On September 12, the Harju County Court initiated proceedings
against a businessman, a lawyer, and a former minister for attempted
bribery in connection with the sale of a building belonging to the
Ministry of Environment. The case was pending at year's end.
Investigations were ongoing at year's end into alleged illegal
property exchanges in which protected land in nature preserves was
traded for state properties in other locations with the approval of a
former minister. The security police and prosecutor's office continued
criminal cases against several individuals allegedly involved in these
transactions, including a few well-known politicians and businessmen.
Public officials are subject to financial disclosure laws. The
Justice Ministry is responsible for coordinating anticorruption
activities.
The law provides the public access to government information and
allows for monitoring of the public sector's performance. The
Government provided access for citizens in practice.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were usually cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination for any reason, and the
Government generally enforced it. However, violence against women and
child abuse were problems.
Women.--Rape, including spousal rape, is illegal and was
prosecuted. The sentence for rape is up to 15 years' imprisonment.
During the year, the police reported 160 rapes and attempted rapes; 30
persons were convicted of rape during the year.
Violence against women, including spousal abuse, was a problem.
According to nongovernmental organizations (NGOs), one in four women
has suffered from physical, sexual, or emotional domestic violence, and
NGOs considered domestic violence a serious problem. The law prohibits
physical abuse but does not differentiate between acts committed
against men or women. Domestic violence is punishable by a fine or
imprisonment of up to three years and up to five years in the case of
longstanding and unremitting violence. During the year police reported
more than 5,200 cases of physical abuse, including domestic violence.
During the year 1,544 persons were convicted of physical abuse. Victims
of domestic violence may obtain help, including counseling and legal
assistance, from local social workers and specialized NGOs.
Prostitution is not prohibited and was common, but pimping is
illegal. There were reports that women were trafficked for purposes of
sexual exploitation.
The law prohibits sexual harassment. Sexual harassment in the
workplace occurred but was not considered a serious problem. According
to the law, disputes over sexual harassment are resolved in court, in
an administrative hearing by the legal chancellor-ombudsman, or by the
gender equality commissioner. An injured party may demand compensation
for damages and termination of the harmful activity. During the year a
local branch of the Labor Inspectorate handled five harassment cases
involving four women and a man who filed complaints against their
supervisors. The maximum compensation for damages is 50,000 kroon
(approximately $4,490).
Although women have the same legal rights as men under the law and
are entitled to equal pay for equal work, these rights were not always
observed in practice. While the average educational level for women was
higher than for men, their average pay was generally lower, and there
continued to be female- and male-dominated professions. According to
media reports, the difference between the salaries of men and women was
25 percent.
Children.--The Government was committed to children's rights and
welfare.
Child abuse was a problem. During the year police reported 762
cases of violence against children, including domestic and school
violence.
During the year there were 76 reports of rape and attempted rape of
minors, and police registered 193 cases of sexual abuse of persons
under 18 years of age, including 39 cases involving victims below the
age of 14; 36 persons were convicted of sexual assaults against minors.
There were reports that children were trafficked for sexual
exploitation.
Trafficking in Persons.--There is no specific law criminalizing all
forms of trafficking; however, authorities prosecuted traffickers under
laws prohibiting enslavement, abduction, and pimping.
The country was a source, destination, and transit point for
trafficking victims, who were trafficked primarily for sexual
exploitation. Women and girls were trafficked primarily to countries in
northern Europe. The overall trafficking pattern appeared to be
unchanged from earlier years, although authorities in both Finland and
Sweden noted considerable declines in the number of Estonians
trafficked to their countries. Travel-friendly regulations in the
Schengen zone, short distances, low travel costs, and the draw of
legitimate employment lowered the barriers to trafficking to Nordic and
other EU countries.
Traffickers included individuals, small groups, and organized
criminals who ran the prostitution industry and lured victims with the
promise of legitimate employment or the opportunity to live and study
abroad. Traffickers tended to befriend victims or attempted to pass
themselves off as legitimate job mediators. Due to generally liberal
travel regulations around the region, false documentation was not
always necessary.
Penalties for trafficking-related offenses range from five to 15
years' imprisonment; fines may also be applied. In December the Parnu
county court found two individuals guilty of enslaving a person to sell
drugs. They were sentenced to one and one-and-a-half years
imprisonment, respectively.
The Ministries of Interior, Social Affairs, Foreign Affairs,
Education and Research, Finance, and Justice have responsibilities for
combating trafficking.
Authorities cooperated actively with regional and international
efforts to fight trafficking, including participation in the work of
the Nordic and Baltic Task Force on Trafficking in Persons.
The law provides protection, as well as legal and medical
compensation rights, to victims of all crimes, including trafficking.
During the year, 55 women were assisted within the framework of a
Nordic-Baltic pilot project for victims of trafficking and sexual
exploitation. Shelter facilities, as well as psychological, social, and
legal counseling services were offered to women identified through the
initiative. The project, a three year initiative (2006-08) aimed at
building shelter facilities and providing public outreach, targeted
women who had in the past been victims of trafficking and sexual
exploitation, primarily prostitution. Each county had an assigned
assistant to provide trafficking victims access to public assistance.
These assistants received specific training on trafficking in persons
issues from NGOs during the year.
The Government continued to support an NGO-operated hot line that
provided information on trafficking risks to persons interested in
working abroad. The hot line received over 400 calls during the year.
Throughout the year the Ministry of Social Affairs engaged in
educational outreach programs to governmental organizations, NGOs, and
individuals, including sponsoring lectures, seminars, and preparation
of training materials.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or in the provision of other state services, and the
Government generally enforced these provisions. The law does not
mandate access to buildings for persons with disabilities; older
buildings were inaccessible, although new or renovated buildings were
generally accessible. The Ministry of Social Affairs is responsible for
protecting the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--Instances of overt hostility
based on ethnicity or race were infrequent. There was no recurrence
during the year of the violent protests by some members the of
country's Russian minority that followed the Government's 2007 decision
to move a Soviet-era monument from the center of Tallinn.
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 September 2007 skinheads in Tartu threw stones in
the direction of a French student of African origin; the student did
not press charges.
The Government provides for the protection of the cultures of
minority groups. However, some observers alleged that a law related to
minority cultural autonomy is discriminatory because it does not apply
to the country's large population of noncitizens. In districts where
more than one-half of the population speaks a language other than
Estonian, the law entitles inhabitants to receive official information
in that language.
Russians, Ukrainians, and Belarusians are the largest ethnic
minorities, making up 29 percent of the population. The Government
encouraged social integration through a policy that promotes learning
Estonian and naturalization. Knowledge of Estonian is required to
obtain citizenship, and all public servants and public sector
employees, service personnel, medical professionals, and sole
proprietors must know the Estonian language. Actual proficiency is
usually determined through examination; however, citizenship applicants
who have previously passed the basic level language proficiency
examination or the basic school final examination for Estonian as a
second language do not have to take the citizenship language
examination. Some noncitizen residents, particularly ethnic Russians,
continued to allege that the language requirement resulted in job and
salary discrimination.
During the year the Government continued to implement its plan to
provide 60 percent of all instruction in the country's 58 public
Russian-language high schools in the Estonian language by 2011.
Romani communities, with a total of fewer than 1,000 members, were
primarily located in three areas in the country. A 2006 COE report
noted high unemployment levels among Roma, due in part (because very
few had attended school) to low education levels. However, the report
also concluded that Roma faced discrimination in employment and other
areas. The Government took steps to emphasize the importance of
education for Romani children.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination based on sexual orientation.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right of
workers to form and join a union or employee association, although some
workers found it difficult to exercise this right in practice.
Approximately 10 percent of the total 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 provides for the right to strike, and workers exercised this right
in practice. Public servants at the state and municipal levels are
denied the right to strike.
b. The Right to Organize and Bargain Collectively.--Collectively
bargained contracts covered approximately 15 percent of workers,
including some nonunion members. Collective bargaining and collective
dispute resolution are provided for by law.
The law prohibits antiunion discrimination; however, the
Confederation of Estonian Trade Unions (EAKL) continued to report that
antiunion behavior was rife in the private sector. According to the
EAKL, violations of trade union rights in the country were frequent,
and labor inspectorates were not efficient in enforcing the law. In
some enterprises, workers were advised against forming trade unions,
threatened with dismissal or a reduction in wages, or promised benefits
if they do not join unions. Both employees and employers have the right
to request that labor dispute committees or the courts resolve
individual labor disputes.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that women and girls were trafficked for sexual exploitation.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively enforced laws and policies to protect children
from exploitation in the workplace.
The law sets the minimum age for employment at 18, although
children aged 15 to 17 may work with the consent of a parent or
guardian, and children aged 13 to 15 may work with the consent of a
parent or guardian and a labor inspector. Children under the age of 18
may not perform hazardous or dangerous work. The law limits the hours
that children may work and prohibits overtime or night work. The labor
inspectorate was responsible for enforcing these laws and did so in
practice. There were no separate inspections regarding the age of child
workers.
e. Acceptable Conditions of Work.--The national monthly minimum
wage of 4,350 kroon (approximately $391) did not provide a decent
standard of living for a worker and family; however, approximately 94
percent of the workforce earned more than the minimum wage.
The standard workweek is 40 hours, and there is a mandatory 24-hour
rest period per week for those working in shifts. Reduced working time
is required for minors and for employees who perform underground work,
work that poses a health hazard, or work of an otherwise special
nature. Work hours, including overtime, may not exceed an average of 48
hours per week. The law required overtime pay of not less than 150
percent of the hourly wage of the employee. These requirements were
effectively enforced.
The Government set occupational health and safety standards. The
labor inspectorate, health protection inspectorate, and technical
inspectorate were responsible for enforcement of these standards and
made efforts to enforce them. Workers have the right to remove
themselves from situations that endangered health or safety without
jeopardizing their continued employment, and they exercised this right
in practice. During the year, 3,959 occupational accidents occurred, a
ratio of 599 occupational accidents per 100,000 employees.
__________
FINLAND
Finland is a constitutional republic of 5.3 million persons with a
directly elected president and a unicameral parliament (Eduskunta). The
prime minister is head of government. Parliamentary elections held in
March 2007 were free and fair. Civilian authorities maintained
effective control of military and security forces.
The Government generally respected the human rights of its
citizens, and the law and an independent judiciary provided effective
means of addressing individual instances of abuse. Human rights
problems included violence against women, trafficking in persons, and
societal discrimination against foreign-born residents and Roma.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
or other disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law and constitution 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.
d. Arbitrary Arrest or Detention.--The law and constitution
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 is under the centralized control of the Ministry of
Interior. 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 and Detention.--The law requires police to have a warrant
issued by a prosecutor to make an arrest. If an individual is arrested
while committing a crime, a warrant must be obtained within three days;
arrested persons must receive a court hearing within three days.
Detainees must be promptly informed of the charges against them, and
lawyers must be provided for the indigent. Authorities generally
respected these rights in practice. There is no system of bail, but
most defendants awaiting trial were eligible for conditional release
based on personal recognizance. Criminal detainees were allowed prompt
access to counsel of their choice and to family. 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 law and constitution provide
for an independent judiciary, and the Government generally respected
judicial independence in practice.
Trial Procedures.--The law and constitution 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 of appeal, to be
present at trial, and to consult with an attorney in a timely manner;
attorneys are 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.
The law extends these rights to all citizens and legal residents.
Irregular migrants have the same rights as citizens except that they
may be removed from the country or deported for legal cause.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The constitution provides
all citizens with a fundamental right to live under the rule of law and
to have the law applied equally and without discrimination. The country
had an independent and impartial judiciary in civil matters, and there
was access to courts to bring lawsuits seeking damages for, or
cessation of, human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law and constitution 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 generally expressed a wide variety of views without
restriction, with the exception of hate speech.
Publishing hate material and any public speech intended to incite
discrimination or violence against any national, racial, religious, or
ethnic group is a crime.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
The country had one of the world's highest rates of Internet
connectivity, and virtually all citizens had access to the Internet.
Courts can fine persons found guilty of inciting racial hatred 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 law and
constitution provide for freedom of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
According to the law, the Evangelical Lutheran Church (ELC) of Finland
and the Orthodox Church are established state churches.
Citizens who belong to one of the two state churches pay a 1 to 2
percent ``tithe'' as part of their income tax, but may opt out by
officially disassociating from the ELC or Orthodox Church. During the
year other registered religious communities that qualified by having
200 or more members became eligible for the first time to receive state
funds to help defray operating costs.
Religious instruction in Lutheran or Orthodox doctrine was part of
the public school curriculum; however, students could substitute
philosophy or world religion courses. In some urban communities,
students may receive Islamic religious instruction in public schools.
In August the NGO Union of Conscientious Objectors (a member of NGO
War Resisters' International) reported that 15 conscientious objectors
were in prison for refusing to perform either compulsory military
service or alternative civilian service. Some of those imprisoned
stated that their objection to military or civilian service was based
on religious conviction. However, there was no evidence that the
Government singled out any individuals for prosecution because of their
religious beliefs or their membership in a religious minority.
Jehovah's Witnesses are specifically exempt from military service.
Regular military service is between 180 and 362 days. The law provides
that conscientious objectors must perform 362 days of alternative
civilian service. Amnesty International criticized the length of
alternative civilian service for conscientious objectors as punitive
and discriminatory. During the year the law was changed shortening the
allowed maximum time in prison for refusal of alternative service to
181 days, one half the number of days served for alternative military
service.
Societal Abuses and Discrimination.--According to Statistics
Finland, the country's Jewish community numbered 1,181 at the end of
2007, the last date for which figures were available. There were no
reports of anti-Semitic acts.
The Ministry of Education continued to integrate tolerance and
antibias courses and material into the public school curriculum.
Students begin studying the Holocaust and the phenomenon of anti-
Semitism in the eighth grade.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law and constitution provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. However, the Government automatically denied asylum to anyone
who previously was denied asylum by another European Union state.
In practice the Government provided protection against the
expulsion or return of refugees to a country where their lives or
freedom would be threatened.
The Government also provided temporary protection to individuals
who might not qualify as refugees under the 1951 convention or the 1967
protocol and provided it to 35 persons by the end of November.
There were reports of societal discrimination against foreign-born
residents, including refugees and asylum seekers.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Parliamentary elections in
March 2007 were considered to be free and fair and resulted in a four-
party coalition government led by the Center Party. Political parties
could operate without restriction or outside interference.
There were 84 women in the 200-seat parliament and 12 women in the
20-member Council of State (cabinet). The president is a woman.
There were 13 members of minorities in parliament and two in the
cabinet. One representative from the electoral district of Aland
(autonomous region) is always elected. The indigenous Sami (Lapp)
minority enjoys semiautonomous status and has its own legislative body.
Government Corruption and 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.
All citizens, including public officials, are subject to public
disclosure laws; by law, income and asset information from all tax
forms must be made public each year. The Office of the Chancellor of
Justice has overall responsibility for oversight of government
activities.
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 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government generally enforced the
law effectively. However, violence against women and children,
trafficking in persons, and societal discrimination against foreign-
born residents and Roma resulted in legal actions.
Women.--The law criminalizes rape, including spousal rape, and the
Government enforced the law effectively. The maximum sentence for rape
is seven years. As of June 30, a total of 366 cases of rape were
reported to police. Justice Ministry officials estimated that the
actual number of rape cases was higher, noting that as many as 75
percent of unreported rapes each year were committed by a known
assailant.
There were no reports of police or judicial officials showing
reluctance to act on rape cases. Police and government officials
actively encouraged victims to report rape cases through various public
awareness campaigns. In 2007, the most recent period for which
government figures were available, 104 persons were convicted of rape.
In August the Rovaniemi District Court sentenced a man to 10 years
in prison for deliberately infecting five women with HIV. The court
ordered the man to pay damages to the victims.
A 2007 report by Statistics Finland indicated that the number of
sexual crimes reported to the police in 2007 decreased by 12 percent to
320 cases.
Societal violence against women, including spousal abuse, continued
to be a problem. Domestic abuse may be prosecuted under various
criminal laws, including the laws prohibiting rape, assault and
battery, harassment, and disturbing the peace. The penalty for domestic
physical violence ranges from a minimum of six months to a maximum of
10 years in prison. According to government officials, efforts to raise
awareness of the problem have increased victims' willingness to report
violence.
In August the National Research Institute of Legal Policy and the
European Institute for Crime Prevention and Control released findings
in which they estimated that 20 percent of women in relationships were
subjected to some form of violence. In 2007 the National Research
Institute of Legal Policy estimated that 33 of the female homicides in
the country had clear implications of domestic violence.
During the year police received training in how to identify
potential domestic violence. Police may refer potential perpetrators or
victims to government social welfare agencies that have programs aimed
at reducing domestic violence by promoting cooperation between
cohabiting partners; by providing better support to victims; and
through anger management and other counseling services to perpetrators.
The Government encouraged women to report domestic violence and
abuse and provided counseling, shelters, and other support services to
victims of domestic violence and rape. The Government also funded NGOs
that provided additional services, including a telephone hot line 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 fifth were reported as immigrants, but origin
is often not reported in shelter logs to protect residents. Foreign-
born residents who were proficient in neither Finnish nor English
experienced some difficulty accessing domestic violence services.
Prostitution is legal, but pimping, pandering, selling, and
purchasing sexual services in public is illegal. Prostitution was
generally limited to private apartments and nightclubs in larger
cities.
Trafficking in women for the purpose of sexual exploitation
resulted in legal action. In late July a court convicted seven persons
of purchasing sexual services from trafficking victims and sentenced
them to prison terms ranging from two years and three months to five
years.
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.
Women have the same rights as men under family and property laws
and in the judicial system. The Government placed a high priority on
gender equality and maintained three government organizations devoted
to gender equality issues: 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 to be reported. For example, in 2007 the equality ombudsman's
office received 381 complaints alleging unequal treatment in working
life and determined that approximately 20 percent of the cases violated
the law. Women filed 75 percent of complaints.
On average women earned approximately 18 percent less than men for
substantially similar work. Women were overrepresented in lower-paying
occupations, while men tended to dominate the upper ranks in industry,
finance, and some government ministries. The law provides that
individuals may receive compensation for lost wages in cases where
gender-based discrimination is proven.
Children.--The Government was strongly committed to children's
rights. Child abuse remained a problem.
There were reports of trafficking of children for sexual
exploitation. During the year the number of suspected sexual abuse
cases reported to police continued to increase, due in large part to a
greater willingness to report child abuse. According to Statistics
Finland, there were 1,025 cases of child sex abuse reported to the
police in 2007.
The Government established a national action plan to train law
enforcement, judicial, and social welfare officials in methods for
identifying, protecting, and assisting child victims of sexual abuse.
However, according to a 2007 survey by the government-run National
Council for Crime Prevention, there was still a need for better central
planning, more government resources for law enforcement and victim
protection, and better information sharing among national and local-
level officials to combat child abuse.
There is a government ombudsman for children's issues under the
Ministry for Social Affairs and Health. During the year the ombudsman
worked to raise public awareness of child abuse and help policymakers
identify the socio-economic factors that can lead to abuse. Authorities
also attributed the increase in the reporting of child abuse to the
ombudsman's efforts to raise awareness of the problem.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that persons were trafficked
to, through, and within the country.
The country continued to be a transit and destination point for
trafficked men, women, and children; however, there were no reliable
estimates available on the actual incidence of trafficking.
Many of the trafficking victims were women Russian, although
Azerbaijani, Moldovan, Estonian, Latvian, Lithuanian, Ukrainian, and
Belarusian women were also trafficked to and through the country to
Western Europe for commercial sexual exploitation. Increasing numbers
of Asian women, most of whom were believed to be Chinese or Thai, were
trafficked through the country to other parts of Europe. In 2007
authorities identified a small number of Russian boys as trafficking
victims while transiting the country to Sweden.
Men and women were trafficked to provide forced labor. Many of
these workers were trafficked from China, Vietnam, and India and
employed by other Asians, who frequently had family or clan ties to the
victims.
According to government and NGO reports, Russian organized crime
syndicates were the principal traffickers of women into the country.
Many of the trafficked women were aware that they would work as
prostitutes. Economic incentives for women seemed to play a larger role
than physical coercion in the recruitment of trafficked women by crime
syndicates. However, after arriving, they were pressured and coerced
into working longer hours and accepting lower wages.
Many trafficking victims entered the country with valid visas
obtained at Finnish consulates abroad. The Schengen Treaty, which
allows travelers already within the EU Schengen area to travel to any
other EU Schengen country without inspection, facilitated the transit
of trafficked persons from Russia and the Baltic countries to Western
Europe.
In some cases traffickers confiscated victims' passports and used
violence or the threat of violence to ensure their compliance.
The maximum penalty for trafficking in persons is six years'
imprisonment; for aggravated trafficking in persons 10 years. Other
laws used to prosecute traffickers include laws against organized
prostitution, dissemination of child pornography, coordination of
illegal entry into the country, and the marketing of sexual services.
During the year authorities continued to prosecute suspected
traffickers vigorously. In 2007, 10 traffickers were prosecuted for sex
trafficking compared to 10 sex trafficking prosecutions and one labor
trafficking prosecution reported in 2006.
During the year five Finns received two to six year prison
sentences and were ordered to pay restitution in an aggravated
trafficking case involving a domestic victim within the country. The
traffickers threatened, assaulted, coerced, and pimped the victim by
falsely alleging that the victim had debt.
The ministries for foreign affairs, interior, justice, labor,
education, and social welfare were involved in combating trafficking.
The parliamentary human rights caucus, the National Bureau of
Investigation, frontier guards, customs and immigration, and municipal
police were also involved in antitrafficking efforts. The Government
provided specialized training for law enforcement personnel and
prosecutors in antitrafficking measures.
The Government participated in multilateral and regional efforts to
combat trafficking through organizations such as the Council of Baltic
Sea States, the Nordic Council of Ministers, and the Barents Euro
Arctic Council. The Government was also involved in antitrafficking
efforts with the EU and OSCE.
The Government provided the majority of funding for antitrafficking
NGOs. Although there were no NGOs dedicated to assisting trafficking
victims, several focused on women's rights and general assistance to
victims. NGOs and government facilities operated by the Ministry of
Labor provided trafficking victims with shelter, subsistence, medical
services, and psychological counseling. Law enforcement and social
workers identified trafficking victims and referred them for necessary
care. The Government generally respected the rights of trafficking
victims and did not penalize them. Authorities allowed some victims to
apply for a temporary residence permit.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, access to health care, or the provision of other state
services, and the Government effectively enforced these provisions.
Laws mandating access to buildings for persons with disabilities
were generally enforced, although many older buildings remained
inaccessible. Most forms of public transportation were accessible, but
problems remained in some geographically isolated areas. The Ministry
for Social Affairs and the Ministry for Labor are responsible for
protecting the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--There was some societal tension
between ethnic Finns and minority groups, and there were reports of
racist or xenophobic incidents. In 2007, the last date for which
figures were available, police stated that they received 698 reports of
race-related crimes and misdemeanors. The vast majority of the cases
involved racial epithets directed towards immigrants or merchant
refusals to provide services to members of minority groups.
There were occasional reports of fighting between ethnic Finns and
foreign-born youths of African and Middle Eastern descent as well as
fighting between rival ethnic immigrant groups. However, none of the
cases that led to court proceedings were prosecuted as hate crimes.
According to the minority ombudsman, discrimination against the
approximately 10,000 Roma extended to all areas of life, resulting in
their de facto exclusion from society. The Romani minority was the most
frequent target of racially motivated crimes. According to government
figures, 75 percent of discrimination cases involved Roma, followed by
Somalis, Russians, Turks, Iraqis, and Iranians. Ethnic Finns were also
occasionally victims of racially motivated crimes for associating with
members of minority communities.
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 police, border guard, and teacher treatment
of national, racial, and ethnic minorities. The Government's minority
ombudsman monitored and assisted victims of discrimination.
Indigenous People.--The law provides for the protection of Sami
(Lapp) language and culture, and the Government financially supported
these protections, and the Sami have full political and civil rights as
citizens, as well as a measure of autonomy in their civil and
administrative affairs. Despite constitutional protections, members of
the Sami community, which constitutes less than 0.1 percent of the
population, continued to protest the lack of explicit legislation to
safeguard Sami land, resources, and economic livelihood. Sami have
alleged for decades that, while 90 percent of the Sami home region is
considered government-owned land, the Government used this land for
logging and other purposes without consulting them. During the year
members of the Sami community won some legal challenges related to
violations of their land rights.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination against persons based on their
sexual orientation.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form and
join unions of their choice, and workers exercised this right in
practice. Approximately 79 percent of the workforce was unionized. The
law grants employees the right to strike, with some exceptions for
public sector employees who provide essential services. Workers
exercised this right in practice. An official dispute board can make
nonbinding recommendations to the cabinet on ending or limiting the
duration of strikes when national security is threatened. Employees
prohibited from striking can use arbitration to ensure 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. Strikes are considered illegal after a contract agreed to
by all parties is in effect. Fines may be imposed for illegal strikes.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively, and the
Government protected this right in practice. Collective bargaining
agreements usually were based on wage policy agreements among
employees, employers, and the Government. All unionized workers were
covered by such agreements. Employers of nonunionized workers were
required to compensate employees at a wage equal to that stipulated by
existing collective bargaining agreements.
The constitution provides for the right to trade union freedom. The
statute regulating work agreements extends these rights to both the
employee and the employer. Any restriction or obstruction of these
rights is prohibited. In addition, the country is a member of the
International Labor Organization Convention 87 concerning freedom of
association and protection of the right to organize, and the Government
generally enforced these rights.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such incidents occurred. Men and women were trafficked to
provide forced labor in the construction industry, restaurants, and as
domestic servants. They often worked long hours for low pay and were
reluctant to approach authorities for cultural reasons or out of fear
of deportation or confinement.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace, and the
Government effectively enforced these laws in practice. The law
prohibits children under age 16 from working more than six hours a day
and from working at night. The law sets occupational health and safety
restrictions for children, and the Government implemented these
provisions effectively.
The labor ministry enforces child labor regulations; there were no
reports of children engaged in work outside the parameters established
by law.
e. Acceptable Conditions of Work.--There is no national minimum
wage law; however, the law requires all employers, including
nonunionized employers, to pay minimum wages agreed to in collective
bargaining agreements. Almost all workers were covered under such
arrangements. These negotiated minimum wages provided a decent standard
of living for workers and their families.
The standard workweek established by law consists of five days not
exceeding 40 hours. Employees working shifts or during the weekend are
entitled to a 24 hour rest period per week. Workers are entitled to
premium pay for overtime work. The law limited a worker to 250 hours of
overtime per year and to 138 overtime hours in any four-month period.
Foreign workers were covered by these laws, which the Government
effectively enforced.
The Government sets occupational health and safety standards, and
the Labor Ministry effectively enforced them. Workers have the right to
refuse dangerous work situations without penalty, and the Government
enforced this right in practice.
__________
FRANCE
France, with a population of approximately 64.1 million, is a
multiparty constitutional democracy. The president is elected by
popular vote for a five-year term. There is a bicameral parliament; the
upper house (Senate) is indirectly elected through an electoral
college; the lower house (National Assembly) is directly elected.
Parliamentary and presidential elections took place in 2007 and met
international standards. The Union for a Popular Movement was the
ruling party and Nicolas Sarkozy was president. Civilian authorities
generally maintained effective control of the security forces.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas, including
overcrowded and dilapidated prisons; lengthy pretrial detention;
protracted investigation and trial proceedings; anti-Semitic incidents;
discrimination against Muslims; societal hostility toward immigrants;
societal violence against women; child abuse and child marriage; and
trafficking in persons.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed any politically
motivated killings during the year.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were occasional accusations and press reports of police violence
and use of excessive force in making arrests.
There were no developments in the 2006 Muhittin Altun case, in
which attorneys for Altun filed a complaint against police for reckless
endangerment and falsification of public documents during their
examination of Altun. Investigation of the two policemen implicated in
the case began in February 2007, but no trial date had been set at
year's end.
In March police Captain Franck Junca received an 18-month prison
sentence and a three-year suspension from duties for allegedly
assaulting and sodomizing a driver in Val-de-Marne. Two other officers
involved in the assault were suspended for periods of one to three
years.
Prison and Detention Center Conditions.--Prison and detention
centers conditions generally met international standards, and the
Government permitted visits by independent human rights observers;
however, credible nongovernmental organizations (NGOs) reported
overcrowding and unacceptable hygienic conditions in some facilities.
Prison overcrowding was a problem. At year's end there were 63,619
persons incarcerated in the country's 185 prisons, exceeding capacity
by almost 13,000 places.
Although there were no known deaths in prison due to mistreatment
or adverse conditions during the year, prison suicides have been an
increasing problem in recent years. According to penitentiary
officials, there were over 115 prison suicides during the year.
On April 14, a Parisian judge ruled that Rennes' regional prison
director, Alain Jego, be held liable for involuntary homicide for
neglecting to prevent an inmate's suicide. Jego was accused of failing
to enforce the law requiring that prisoners be deprived of any means of
assisting in committing suicide. The ruling was the first time that a
prison manager has been held personally liable for an inmate's suicide.
Authorities maintained administrative holding centers for
foreigners whom they could not immediately deport. There were 18
holding centers on the mainland.
The Government permitted prison visits by independent local and
foreign human rights observers. In May the Council of Europe's human
rights commissioner, Thomas Hammarberg, undertook an inspection of
prisons in the country. Hammarberg's report, released in November,
indicated that local prisons fared poorly, stating that ``living
conditions are still unacceptable for numerous detainees, who have to
cope with overcrowding, lack of privacy, dilapidated facilities and
substandard hygiene.''
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions; however, lengthy pretrial detention was a
problem. The Government provided financial compensation in some cases
of wrongful incarceration.
Role of the Police and Security Apparatus.--A civilian force of
146,000 national police under the direction of the Ministry of the
Interior and a military force of 105,389 national gendarmes under the
joint direction of the Ministry of the Interior and the Ministry of
Defense ensure internal security. Police and gendarmes were considered
effective.
On April 13, the first 50 ``neighborhood police'' (police de
proximite) returned to work after a six-year suspension initiated by
then interior minister Sarkozy. Authorities expressed hope that their
reintroduction would curb juvenile delinquency and petty crime in
neighborhoods with high percentages of youth. Critics held that the
discontinuation of neighborhood policing contributed to a degradation
of security and helped set the stage for the 2005 urban rioting across
the country. Prime Minister Francois Fillon stated that the
neighborhood police would involve the most experienced individuals in
the police force.
Impunity was not widespread. The inspector general of the national
police and the Office of Judicial Police investigated and prosecuted
allegations of police brutality. The independent National Security
Ethics Commission (CNDS) investigated allegations of misconduct by
municipal police, gendarmes, and private security forces and reported
the findings to the prime minister and parliament. The National
Consultative Commission on Human Rights (NCCHR) also monitored police
conduct. Police corruption was generally not a problem. The Government
actively investigated and prosecuted allegations of police corruption.
The CNDS monitored security enforcement ethics. According to its
annual report for 2007, the number of complaints registered with the
CNDS fell by 17 percent from 2006 to 2007 (from 140 to 117 cases).
Arrest and Detention.--Police are required by law to obtain
warrants based on sufficient evidence and issued by a duly authorized
official prior to taking individuals into custody. The law gives the
individual the right to a prompt judicial ruling on the legality of the
detention, and authorities generally respected this right in practice.
Authorities must promptly inform detainees of charges against them.
There is a system of bail, and it is utilized. Detainees generally had
prompt access to lawyers; however, in cases involving terrorism or
other major crimes, suspects may be held up to 96 hours without access
to a lawyer. If detainees are indigent, the state provides a lawyer.
The 2006 antiterrorism law provides for longer periods of
incommunicado detention and allows authorities to hold terrorism
suspects for an initial period of four days before being charged or
allowed access to a legal counsel. Authorities may petition a judge to
extend this period by an additional two days. After six days, suspects
must either be charged or released and allowed access to legal counsel.
Long delays in bringing cases to trial and lengthy pretrial
detention were problems. Pretrial detention is generally allowed only
if there is a possibility that the suspect would be sentenced to more
than three years in prison for crimes against property; however, a few
suspects spent many years in detention before trial, which officials
blamed on system stress from changing judicial laws and insufficient
government resources for investigations and trials. According to 2007
government statistics, the average length of pretrial detention was 5.7
months, an increase of 10 percent since 2001.
Prison officials occasionally engaged in inappropriate conduct
toward prisoners, including misuse of solitary confinement.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence; however, delays in bringing cases to trial were
a problem.
The Tribunal of the Armies of Paris is a military court for acts
committed outside of the country. The court tries only military
personnel.
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 usually held before a judge or tribunal of
judges. In cases where the potential punishment exceeds 10 years'
imprisonment, a combination of professional and lay judges hears the
case. 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 relative to their cases. However, Council of Europe research
in 2006 found that, in practice, the country's legal system limited the
right of accused persons to benefit from legal counsel by limiting
access to case files. Defendants enjoy a presumption of innocence and
have the right to appeal.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters and access to a court to bring
lawsuits seeking damages for, or cessation of, human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Some civil rights and opposition political parties expressed
concern about the 2006 antiterrorism law that permits official probing
of the Internet and into mobile telephone records, increased video
surveillance of railway stations and airports, and increased access to
records of citizens' electronic communications. Although a judge's
approval is not required for cases involving terrorism, as of year's
end, there were no reports of abuse by the Government.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice. The independent media were active
and expressed a wide variety of views with few restrictions.
There were some limitations of freedom of speech and of the press.
Strict antidefamation laws prohibit racially or religiously motivated
verbal and physical abuse. Denial of the Holocaust and crimes against
humanity is illegal, as is speech, written or oral, that incites racial
or ethnic hatred.
Authorities may deport a noncitizen for publicly using ``hate
speech'' or constituting a threat of terrorism. Human Rights Watch
(HRW) claimed that some long-established residents were deported for
holding views that were unpopular but that would not constitute a
threat of terrorism, illustrating a problem with the terrorist
expulsion process. In 2007 HRW reported that the Government arrested
and deported 17 imams on suspicion of having links to terrorism.
The National Assembly passed a bill on December 16, which banned
prime-time advertising from state-funded television networks and gave
the president of the republic the ability to name the head of public
broadcasting. A final vote in the Senate was pending at year's end. The
board of the public television network agreed in December to begin
voluntarily implementing the advertising ban before the legislation was
final.
Internet Freedom.--There were no government restrictions on access
to the Internet. Aside from the rights accorded to the Government
within the 2006 antiterrorism law to monitor email or Internet chat
rooms for suspected terrorists, there were no reports of government
abuse during the reporting period. Individuals and groups could
generally engage in the peaceful expression of views via the Internet,
including by electronic mail. Access to the Internet was widely
available throughout the country. However, the authorities shut down at
least one Internet site during 2007 for threats against Jews.
In 2006 the parliament adopted an antiterrorism law that permits
official probing 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
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
The law prohibits discrimination on the basis of faith. However,
some religious groups remained concerned about laws permitting the
Government to dissolve groups under certain circumstances and
prohibiting the wearing of ``conspicuous'' religious symbols, including
Muslim headscarves, Jewish skullcaps, and large crosses, by employees
and students in public schools. Some Christian, Jewish, Muslim, and
Sikh leaders expressed concern about the law's potential to restrict
religious freedom. Media reports estimated and the international Sikh
community claimed that many of the country's Muslim school-age girls
and Sikh school-age boys were affected by the law; many of the latter
were denied a public higher education and forced to take up
apprenticeship because they could not afford private schooling.
Some Muslims described the deportation of a number of radical
Islamist religious figures as a restriction on religious freedom,
although authorities cited security as the justification.
Under the law a religious group must apply to the local prefecture
for recognition as an association of worship and must disclose certain
management and financial information in order to receive tax-exempt
status or gain official recognition. Groups of religious believers who
do not seek such status are free to meet and conduct religious
practice.
On November 21, The European Court of Human Rights(ECHR) ruled in
favor of the Government against a Sikh who wished to be photographed
for a driver's license in his turban since he never appears in public
without it.
There was continuing concern over the About-Picard law, which
permits the Government to dissolve religious groups, although
authorities have never applied these provisions of the law.
Societal Abuses and Discrimination.--Representatives of the Church
of Scientology continued to report cases of societal discrimination,
frivolous lawsuits, and prosecution for allegedly fraudulent activity.
The Jewish community was estimated at 500,000-600,000 persons.
There were several acts of anti-Semitism during the year, including
anti-Semitic slurs and attacks on synagogues and Jewish cemeteries.
According to the Jewish Consistory, there was a 32.5 percent drop in
anti-Semitic incidents in the first five months of the year, as
compared with the same period in 2007 (82 incidents versus 104).
Denial of the Holocaust and crimes against humanity is illegal, as
is speech, written or oral, that incites racial or ethnic hatred.
On December 11, two Union for a Popular Movement (UMP) deputies
released a report examining the recent spate of cemetery desecrations
within the country. The report indicated that a cemetery is desecrated
on average every three days, usually attributed to simple vandalism or
theft, but also with apparent Satanist, racist, and anti-religious
motivations targeting Muslims and Jews.
On December 8, more than 500 Muslim and over a dozen Jewish graves
in the Arras military cemetery in Northern France were desecrated with
swastikas and anti-Islamic slogans.
Youssouf Fofana, the head of the gang held responsible for the 2006
torture and murder of a young Jewish man, Ilan Halimi, was deemed
competent to stand trial for charges including criminal association,
kidnapping, illegal confinement, torture, and religiously motivated
premeditated murder. The trial was set to take place in April 2009.
Members of the Arab Muslim community continued to experience acts
of harassment and vandalism. The NCCHR reported 321 total incidents in
2007, a 9 percent drop from 2006. While many acts were aimed against
immigrants of North African origin, 11 were explicitly anti-Islamic,
targeting mosques, cemeteries, or individuals.
Muslim women wearing headscarves continued to experience
discrimination, including refusal of service by private businesses.
Media reports indicated that some companies discouraged female
employees from wearing the headscarf or encouraged them to wear a
bandanna instead.
On September 4, six Muslim schoolgirls were sent home by
schoolmaster Eric Rottier of Lislet Geoffrey, a public high school in
the protectorate of La Reunion Island, for violating the law by wearing
religious headscarves. Rottier later stated to the media that he was
following the ``letter of the law.'' Two of the girls returned to
school after removing their headscarves.
On July 11, the Council of State, the country's highest
administrative court, affirmed a lower court decision that refused
citizenship to a Muslim woman for failing to assimilate to the
country's cultural norms. The ruling refused citizenship to a Moroccan-
born Salafist woman, ``Faiza M,'' for the ``radical practice of her
religion, deemed incompatible with essential values of the community,''
particularly gender equality. Faiza stated to authorities that she had
only begun to wear a traditional ``burqa'' upon her arrival in the
country, at her husband's behest, and had agreed to remove it following
explicit requests by immigration officials so they could identify her
visually. The minister for higher education and research, Valerie
Pecresse, welcomed the ruling, stating that ``the principle of sexual
equality is not up for negotiation'' in the country.
On May 30, judicial sources confirmed that five suspects, including
one active-duty soldier, had been placed under investigation and
remanded to custody for an act of arson that partially destroyed a
small mosque on April 20 in the southern town of Colombiers. The five
individuals were associated with an extreme right-wing group and were
believed to have committed the crime in commemoration of Adolph
Hitler's birthday.
Racism and religious intolerance in Corsica remained a concern,
although violent racist attacks comprised only 5 percent of the attacks
in Corsica in 2007, which was the same percentage as 2006. There were
seven racist and xenophobic attacks in 2007, a 50 percent decrease
since 2006.
The Jehovah's Witnesses awaited a ruling by the ECHR on the
admissibility of a case contesting the Government's assessment of their
donations at a 60 percent tax rate. The Government had imposed the high
rate relative to other religious groups after ruling the group to be a
harmful cult. If the assessed tax, which totaled more than 57 million
euros (approximately $77.5 million) as of year's end, were to be paid,
it would consume all of the group's buildings and assets in the
country.
According to representatives for the Jehovah's Witnesses community,
there were 65 acts of vandalism against the group in the country
through December including Molotov cocktails aimed at Jehovah's
Witnesses' property. In contrast to previous years, no individuals were
targeted during the year. According to the leaders of the Jehovah's
Witnesses community in the country, there were 98 acts against
individuals for 2006 and 115 acts in 2007.
The Government promoted interfaith understanding to combat racism
and anti-Semitism through public awareness campaigns and by encouraging
dialogue among local officials, police, and citizen groups.
Many Muslim students left public school to find respect for their
religious orientation in Catholic schools.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
The law requires persons engaged in itinerant activities and who
have a fixed domicile to sign a declaration, which must be renewed
periodically. Itinerant persons having no domicile or fixed abode must
possess travel documents, often requiring renewal every three months,
and must choose a commune for administrative purposes. Members of the
Romani community, who made up the majority of those requiring travel
documents, protested the requirement and indicated that they often
experienced discriminatory treatment from officials when renewing the
documents.
On March 12, the Council of State annulled a Ministry of Interior
initiative to create a personal information computer database to
support government efforts to combat illegal immigration. The database
would have aggregated a variety of personal information including
nationality, surnames, spoken languages, professional situation,
immigrant status, and individual photographs. Human rights and privacy
protection groups lauded the decision.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of persons to countries where their lives or
freedom would be threatened. In asylum applications, persecution by
nonstate agents is taken into account if the state concerned is
incapable of offering protection to the person in danger.
The Government also provided temporary protection to individuals
who may not qualify as refugees under the 1951 convention and the 1967
protocol but may be exposed to certain serious risks if they return to
their country of origin. Individuals may renew their status for a
period of one year. In 2007 the Government provided temporary
protection to approximately 706 persons. NGO Forum Refugiesestimated
that offers of temporary protections provided by the Government during
the year would be equal or slightly higher than the amount provided in
2007.
Although asylum application forms submitted to the Office for the
Protection of Refugees and Stateless Refugees (OFPRA) must be completed
in French, directions for the application process are available in
Russian, Serbo-Croatian, Turkish, Tamil, and Arabic.
In response to media and NGO pressure, the Government canceled the
November deportation of over 40 illegal Afghan migrants due to concerns
that they would not be safe in Afghanistan. At year's end the ECHR was
examining the Afghan migrant's request. Authorities were also working
with the UNHCR on a solution.
In 2007 the Council of State, at the urging of several immigrant
rights groups, suspended the right of authorities to expedite the
expulsion of some illegal migrants. The ruling obligates state
authorities to treat all undocumented residents taken into custody
according to newly adopted deportation procedures that include the
right to reside in the country for an additional month before
expulsion.
A 2006 Amnesty International report criticized legal and
administrative regulations that restrict the right to seek asylum and
the right to have an asylum claim considered on its merits. Regulations
of concern included a shortened period of time to complete and submit
temporary residence applications (21 days, formerly one month); less
thorough or ``fast track'' consideration of asylum applications for
persons from an expanded list of ``safe'' countries of origin or
transit; and cessation of free interpretation services to asylum
applicants in detention centers.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law give citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic democratic elections held on the basis of universal
suffrage.
Individuals without a fixed domicile, who must carry travel
documents, were permitted to vote in municipal elections only after a
three-year period of ``attachment'' to a municipality. Romani groups
asserted that this requirement, based on special legislation applied
only to itinerant groups, was discriminatory since other citizens,
including the homeless, were able to vote after an attachment period of
only six months.
Elections and Political Participation.--The 2007 national
legislative and presidential elections met international democratic
standards. An Organization for Security and Cooperation in Europe
(OSCE) assessment reported that the ``presidential election reflected
the long tradition of conducting democratic elections.'' Political
parties could operate without restriction or outside interference.
There are 13 administrative divisions of the country overseas. Four
departments-regions, French Guyana, Guadeloupe, Martinique, and
Reunion, have the same status as departments-regions of the mainland
and are members of the European Union. There are also six overseas
collectivities, French Polynesia, Mayotte, Saint Bartholomew, Saint
Martin, Saint Pierre and Miquelon, and Wallis and Futuna. New
Caledonia, French South Pole and the Antarctica Territories, and the
Clipperton Atoll have a special status. The citizens of Mayotte and the
territories of French Polynesia, Wallis and Futuna, New Caledonia,
Saint Bartholomew, and Saint Martin determine their legal and political
relationships with the rest of the country by means of referenda and,
along with the overseas departments-regions, elected deputies and
senators to the parliament.
There were 182 women in the two chambers of the 920-seat parliament
and 107 female deputies and 75 female senators were elected following
the September 21 senatorial elections. As of March 18, there are seven
female ministers in the 16-member ministerial cabinet and women led
three prominent ministries. Women made up 47 percent of regional
council members, 13 percent of the departmental council members, and 35
percent of municipal council members. They held one presidency of the
22 regional councils, four presidencies of the 96 mainland departmental
councils and 8 percent of mayoral positions. Political parties are
required to present voters lists containing equal numbers of male and
female candidates or be fined.
The law prohibits the Government from collecting information on the
racial or ethnic background of its citizens; therefore, no statistics
on minority participation in the Government were available. However,
minorities appeared to be significantly underrepresented in the
Government. With the exception of parliamentary representatives from
some of the country's overseas territories, the populations of which
were predominantly of African origin, as of June 2007, there was one
French African member of the National Assembly.
On February 29, the president of the Representative Council of
Black Citizen's Groups (CRAN), Patrick Lozes, criticized the
underrepresentation of the country's visible minorities at all elected
levels of government as well as the small number of minority
candidates-estimated at a fraction of 1 percent-in the March municipal
elections in a media interview. Lozes noted that visible minority
candidates who do make it onto electoral lists are frequently forced to
run in races for districts where they have no chance of winning and
that, although the population is 10 percent African or Asian origin,
the country has no minority mayors, no African-origin municipal
councilors in the principal cities, and almost no immigrant-origin
delegates in the National Assembly. Lozes blamed the country's
electoral homogeneity on the main political parties, which he asserted
``transfer their presumptions that minority and immigrant candidates
are nonviable to the voters.''
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively.
Charges for corruption remained pending in the criminal court
system against former president Jacques Chirac. He was questioned by
judges on April 30 and on three occasions in 2007.
In 2007 Jean Paul Huchon, president of the Paris Area Regional
Council and a prominent member of the Socialist Party, was given a
suspended 10 month prison sentence and fined 75,000 euros
(approximately $105,000) for corruption. Huchon's wife was employed by
companies contracted with regional authorities in 2002 and 2003. Huchon
appealed the decision. On November 21, the Paris Court of Appeals
confirmed the prison sentence and the fine but annulled the
ineligibility sentence, allowing him to run in future elections.
Parliamentarians, representatives to the European Parliament,
ministers, regional and departmental council heads, the mayors of
larger communities and the directors of state-owned companies (post,
railway, telephone) are required to make personal asset declarations at
the beginning and the end of their terms to the Commission for the
Financing Transparency of Political Life. The commission issued
periodic reports on officials' financial holdings on a discretionary
basis, but at least every three years. The president is required to
make the same personal finance declarations to the Constitutional
Council.
The law provides for public access to government information, and
the Government provided access in practice for citizens and
noncitizens, including foreign media.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights
organizations generally operated without government restrictions,
investigating and publishing their findings on human rights cases.
Government officials were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government generally enforced these
prohibitions. However, violence against women and children, child
marriage, trafficking in persons, discrimination, and acts of ethnic
hostility were problems.
On March 21, Interior Minister Alliot-Marie dismissed Bruno Guigue,
the deputy prefect of the sub-prefecture of Saintes in the Southwest
department of Charente-Maritime and author of several books on the
Israeli-Palestinian conflict, for an anti-Israel article published in
one of the country's most popular Islamic Francophone Web sites,
oumma.com. Guigue's column compared the Israeli state with the Third
Reich and included assertions that Israel is the only country that
allows ``snipers to shoot down little girls outside their school
gates'' and that ``in Israeli jails, thanks to religious law, they stop
torturing on the Sabbath.'' Alliot-Marie based her action on Guigue's
failure to maintain official neutrality in pronouncing on public
matters.
On August 13, police detained the store owner and sales clerk of a
woman's clothing store, Belle Star, in Paris for selling T-shirts with
the inscription ``park entry forbidden to Jews,'' referring to signs
erected in the Nazi-occupied Warsaw ghetto of Lodz in 1940. The Chinese
store proprietor claimed not to have understood the inscription, which
was printed in German and Polish. The 43-year-old store owner and her
21-year-old employee daughter faced up to one year in prison if found
guilty of inciting racial hatred for promulgating anti-Semitism, but
had not been charged or tried for the incident at year's end. The two
were placed under a legal distinction called ``witness-assisted,''
which requires that they cooperate with investigators to help track
down the suppliers and manufacturers of the T-shirts.
On September 4, approximately 40 swastikas and 50 racial slogans
such as ``death to Arabs'' and ``white power'' were spray-painted
inside the entrance of Rene Cassin d'Agde high school outside of
Montpellier. Minister of Education Xavier Darcos criticized the
incident, saying the fight against ``stupidity, ignorance, and
provocation is never finished.'' He reiterated the Government's
commitment to combat extremism and racism in the country.
Women.--Rape, including spousal rape, is illegal, and the
Government generally enforced the law effectively. The Ministry of
Interior reported that the number of reported rapes decreased by almost
3.56 percent from 2006-07 (from 10,506 to 10,132 cases).
The penalty for rape is 15 years' imprisonment, which may be
increased due to other circumstances, such as 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 hot lines for
rape victims. The press and NGOs reported that, in some suburbs of
Paris inhabited primarily by immigrants from North Africa, some men
sought to intimidate women whom they perceived as violating social
norms, using methods ranging from verbal abuse to physical assault and
gang rape.
While not common, violence against women was a problem. The law
prohibits violence against women, including spousal abuse, and the
Government generally enforced it. There was a 21 percent increase from
2006 to 2007 in the number of women killed by their spouses in domestic
violence disputes (from 137 to 166).
Domestic violence is prohibited. The penalties for domestic
violence vary according to the type of crime and range from three
years' imprisonment and a fine of 45,000 euros (approximately $63,000)
to 20 years' imprisonment. The Government sponsored and funded
programs, including shelters, counseling, and hot lines, for women who
were victims of violence. Numerous NGOs also assisted abused women.
On July 30, a Marseille criminal court sentenced an Algerian
national to two years' imprisonment for assaulting his French wife
because she partly removed her Islamic veil due to the heat. The
convicted man was required to serve six months of the sentence, with
the possibility of the final 18 months being commuted.
The law treats female genital mutilation (FGM) under the criminal
offense of ``violence involving mutilation or permanent infirmity.'' It
is punishable by up to 10 years in prison and a fine of 150,000 euros
(approximately $210,050). The sentence increases to 15 years if the
crime involves children who are 15 or younger.
In 2007 the National Institute for Demographic Studies announced
that an estimated 53,000 adult women in the country had been subjected
to FGM in their lives. The majority of victims were recent sub-Saharan
African immigrants or their children. The authors asserted that female
circumcision has become less widespread due to targeted prevention
campaigns focusing on young girls. The study concluded that FGM was
rarely practiced but prevention efforts needed to be expanded to cover
children residing in the country that remain at risk, either during
family visits to their country of origin or following deportation.
Prostitution is legal; however, the law prohibits procuring,
aiding, assisting, maintaining, public solicitation, or profiting from
the prostitution of another. Enforcement of these laws varied, and
criminal activity related to prostitution remained a problem.
Sex tourism to other countries was a problem that the Government
took steps to address. The Government continued an awareness campaign
regarding female prostitutes who may be victims of trafficking. The
Government also funded campaigns on child prostitution on all major
television channels. The Ministry of Tourism mandated that all tourism
students complete courses designed to develop awareness of the problem
of sex tourism. The Ministry of Foreign Affairs researched indicators
of child sex tourism abroad in order to warn tourists of child sex
tourism sites and monitored sex tourism data. The law includes
extraterritorial provisions that apply domestic law to sexual offenses
committed abroad by citizens or residents.
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 Interior, the number of reported sexual harassment cases dropped by
11.8 percent from 2006 to 2007; the statistics did not specify the
gender of the victims.
Under the constitution and law, women have the same rights as men,
including rights under family law, property law, and in the judicial
system. The Secretary of State for solidarity is responsible for the
legal rights of women. According to article one of the constitution,
revised on July 23, the law provides for equal access to professional
and social positions. The law requires that women receive equal pay for
equal work; however, reports by various governmental organizations and
NGOs indicated that there was a gender pay discrepancy of around 25
percent. Women also continued to face difficulties attaining positions
of responsibility. According to a 2007 survey by the Government's
statistical agency, fewer than 20 percent of private sector executives
were women. Although they comprise 58.5 percent of the public
workforce, women were underrepresented in managerial jobs and positions
of responsibility. Although women comprised approximately 50 percent of
cabinet ministers in the Government, women were generally
underrepresented in the legislature and in other levels of government
leadership. As of mid-year, the unemployment rate was 8.2 percent for
women as opposed to 7.1 percent for men.
The bureau within the prime minister's office that assesses
governmental efforts to increase gender equality, the Gender Parity
Observatory (l'Observatoire de la Parite), issued a press release
sharply critiquing the March municipal election results. The
observatory found that, in towns with populations over 3,500, 91.5
percent of mayors were male, indicating that mainline political parties
``continue their subpar performance in promoting gender parity.''
Children.--The Government was strongly committed to children's
rights and welfare. The Secretary of State for family affairs oversees
implementation of the Government's programs for children.
Although not common, child abuse occurred. There are strict laws
against child abuse by parents or guardians, and the Government
generally enforced the law effectively and prosecuted abusers. The law
provides for a government children's advocate, a position charged with
defending and promoting children's rights as defined by law.
The Government provided counseling, financial aid, foster homes,
and orphanages for abuse victims, depending on the extent of the
problem. Various NGOs also helped minors seek justice in cases of
mistreatment by parents.
Child marriage was a problem, particularly in communities of
African or Asian origin. Although such marriage ceremonies took place
primarily outside of the country, authorities took steps to address the
problem. Women and girls could seek refuge at shelters if their parents
or guardians threatened them with a forced marriage, and parents may be
prosecuted. 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 marriages. The
minimum legal age of marriage was 18.
Trafficking in Persons.--The constitution and law prohibit all
forms of trafficking of persons; however, trafficking in women and
children for commercial sexual exploitation, forced labor, and petty
crime was a problem.
The country was a destination for persons, primarily women,
trafficked from Africa (notably Cameroon and Nigeria), Central and
Eastern Europe (notably Bulgaria and Romania), and the former Soviet
Union for prostitution and domestic servitude. A majority of the
estimated 18,000 women in country's commercial sex trade were likely
victims of trafficking. Some women who migrated to the country
voluntarily for work were deceived or coerced into sexual servitude or
debt bondage. The Committee Against Modern Slavery (CCEM) estimated
that one-fifth of involuntary domestic servitude cases in the country
involved abusive employers who were diplomats with diplomatic immunity.
As of year's end there were 164 cases of involuntary domestic servitude
reported for the year.
In July prosecutors secured the extradition of four Bulgarians
implicated in smuggling 72 women into a prostitution ring in the
country.
Traffickers operated principally in small criminal networks,
characterized as ``microtrafficking networks,'' that included both
citizens and foreigners. They used various methods to recruit and
retain victims including force, fraud, identification document
confiscation, cultural isolation, and physical and psychological abuse.
Some victims who came to the country willing to work as prostitutes
were subsequently exploited by pimps and traffickers. In other cases
traffickers kidnapped or ``bought'' women and girls elsewhere and sold
them to Balkan-based prostitution networks that trafficked them into
the country.
Apart from social assistance, trafficking victims may be given a
provisional residence permit on condition that they cooperate with
police in securing the arrest of the person controlling them.
Immigration laws allow trafficking victims involved in prostitution
that turn in their pimps or trafficking rings to benefit from a one-
year temporary residence card with permission to work and a 10-year
residency card once the case went to trial. The laws were applied
inconsistently due to public officials' lack of familiarity with them,
and they did not adequately address the difficulty of finding
employment.
Since January authorities initiated more than 2,000 court cases for
soliciting and dismantled more than 25 pimping networks. There were
1,218 victims identified during the year, compared to 1,219 in 2006.
Trafficking in persons is punishable by up to seven years'
imprisonment and a fine of up to 150,000 euros (approximately
$210,000). The penalty rises to 10 years imprisonment and 1.5 million
euro ($2.1 million) fine if the victim is a minor, a pregnant woman, or
another ``vulnerable person.'' However, under the trafficking-related
sentencing guidelines, sentences for some types of convictions, such as
those involving rape, were light. Exploiting foreign laborers and
exposing them to inhumane conditions are criminal offenses under other
statutes and are punishable by up to three years' imprisonment or
substantial fines. Prosecutors rarely used the antitrafficking law;
they preferred to prosecute sex trafficking cases under accustomed to
antipimping statutes.
Several law enforcement agencies were involved in combating
trafficking. The Government cooperated bilaterally and with
international institutions such as the European Police Agency (Europol)
to investigate, track, and dismantle trafficking networks. Authorities
worked with officials in other countries, particularly source
countries, to counter trafficking.
On May 29-30, the Government sponsored a nationwide conference in
Paris that brought together enforcement officials, magistrates, and
NGOs to discuss improving communication and cooperation in protecting
victims and preventing trafficking, the role of the Internet in
trafficking, and the exodus of prostitution from major metropolitan
areas into suburbs and rural areas.
The Government continued to screen and refer victims to counseling
centers and safe houses for comprehensive services. The Government
assumed child victims to be in danger and provided immediate shelter
while assessing the child's best interests. Numerous NGOs dealt with
trafficking in persons and prostitution. Social Aid to Children, the
national social services branch for child care, was responsible for
caring for and assisting victims under the age of 22.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical or mental disabilities in employment,
education, access to health care, and in the provision of other state
services; the Government generally enforced these provisions
effectively.
In 2007, 20 percent of persons with disabilities were unemployed,
more than twice the national unemployment rate. The law requires
companies having more than 20 employees to ensure that 6 percent of
their employees are persons with disabilities. Companies found not to
be in compliance are liable to fines, which benefit an association that
assists persons with disabilities in finding work. However, many
companies admitted to being unaware of their legal obligations, and the
average employment rate of persons with disabilities for those
companies subject to the law was approximately 4.5 percent.
The law provides for compensation to persons for the consequences
of a disability and promotes their integration into social life by
requiring accessibility to buildings and access to education and
employment. The law also calls for centers to be set up in each
department to assist persons with disabilities with receiving
compensation and employment assistance. By October all of the
departments had established assistance centers as required by law.
Although a majority of the 180 orders implementing the provisions of
the 2005 law have been passed, some 20 remained pending at year's end.
National/Racial/Ethnic Minorities.--The treatment of the country's
large immigrant population remained a problem. The Government condemned
and addressed incidents of violence against immigrants which continued
to be a problem, particularly on the island of Corsica. The attacks
caused some families to move to the mainland or return to their
countries of origin. One hundred and eighty attacks took place overall
in Corsica during 2007, a 23 percent decrease from the 235 attacks that
took place in 2006. While ethnic tensions have been a problem in
Corsica in recent years, there have been signs of improvement. In its
March report, the National Consultative Commission on Human Rights
(CNCDH), the Government's official advisory board on human rights
issues, listed a total of 13 such incidents in Corsica, as well as one
anti-Semitic attack in 2007.
Many observers expressed concern that discriminatory hiring
practices in both the public and private sectors prevented minorities
from sub-Saharan Africa, the Maghreb, the Middle East, and Asia from
equal access to the workplace; a number of NGOs worked to sensitize the
public to this problem.
According to an October 2007 survey by the National Institute for
Statistics and Economic Studies (INSEE), the unemployment rate among
immigrants was twice as high as among non-immigrants (15.2 percent
versus 7.3 percent). The unemployment rate varied depending on the
country of origin. Immigrants from Algeria or Turkey faced a risk of
unemployment three times higher than non-immigrants, while immigrants
from Spain, Italy or Portugal had a 1 percent lower unemployment rate
than the non-immigrant active population. INSEE attributes those
variations to the differences in professional qualification.
Romani organizations charged that Roma faced discrimination in
education, housing, and access to government services. Housing problems
were particularly acute for an itinerant group known as ``Travelers.''
An October 2007 report of the National Institute of Educational
Research noted that Roma benefit from a special status that authorizes
children discontinuous school attendance without justification. School
registration rates were 66.7 percent in kindergarten, 81.8 percent in
primary schools, and 78.8 percent in high schools, but absenteeism and
breaks within education system are frequent. Discrimination against
Roma was persistent, however, especially for itinerants; some mayors
denied school registration to children whose parents lived in illegal
campsites.
Travelers were subject to laws that did not apply to citizens with
permanent residences. Anyone over the age of 16 not settled in one
place must have a travel permit that must be renewed periodically. Any
delay in renewal entails a fine of 750 euros (approximately $1,050) for
each day overdue. Anyone found not to be in possession of this document
is subject to a sentence of up to one year in prison. Authorities did
not consider Travelers' caravans to be housing. As a result, Travelers
were not entitled to housing assistance.
The law requires municipalities of more than 5,000 inhabitants to
provide a camping site with facilities and access to water and
electricity. As of 2007, municipal authorities had established 16,000
campsites, resulting in a shortage of over 20,000 sites, according to
authorities, and 60,000 sites, according to NGOs.
On July 15, Provence Mayor Maryse Joissains demanded the expulsion
of a Romani camp that had been located on municipal property for three
years. The Roma, who originated in Serbia, were placed in a camp
outside town near the Provence train station and were able to send
their children to local schools, in part due to efforts of the NGOs
Human Rights League and Doctors of the World. It was reported that
several families were living in deplorable conditions and lacked access
to potable water, electricity, and basic sanitation. According to
Police Chief Jules Susini, the Roma had been using city water and
electricity without paying for the services. The case had not gone to
court as of year's end.
Citizens may report cases of discrimination based on age, gender,
national origin, ethnicity, family situation, sexual orientation,
physical disability, state of health, religious conviction, or group
affiliation to the independent High Authority for the Fight against
Discrimination and for Equality (HALDE). At year's end the HALDE had
received 6,511 discrimination claims, half of which regarded
employment.
In March Christophe Hejne, a fan who yelled racial slurs at the
Franco-Moroccan captain of a Valenciennes soccer team during a match,
was given a three-month suspended prison sentence and fined 1,500 euros
(approximately $2,100) by a Metz court and prohibited from attending
events at the Metz soccer stadium for three years. Judicial authorities
also ordered Hejne to pay fines of up to 800 euros ($1,040) to the
suit's six civil parties.
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 operated antidiscrimination educational programs.
On February 8, President Sarkozy announced a government plan to
improve living conditions and opportunities for the citizens,
particularly youth, of the country's multiracial suburbs. The plan,
``Hope for Suburbs,'' combined security, employment, housing, and
education measures into a package of initiatives to transform poor
neighborhoods. The Government allocated 12 billion euros (approximately
$16.8 billion dollars) during the year to fund the plan, which began in
June. On December 17, President Sarkozy expressed regret over the slow
implementation of the plan. During a December 20 radio interview,
Minister for Cities Fadela Amara said that only 1,800 of an expected
4,500 employment contracts had been signed enduring the year.
Only 15 of 350 Delegates of the Prefects for Equal Opportunity had
been named by year's end. The prefects for equal opportunity
participate in the enactment of policies regarding the integration of
immigrant populations living in the country.
Other Societal Abuses and Discrimination.--The law prohibits
discrimination on the basis of sexual orientation in employment or
service, public or private. There were isolated incidents of violence
against homosexuals, authorities pursued and punished offenders. The
NGO SOS Homophobia reported 1,263 homophobic acts in 2007, a 5 percent
decrease from 2006. Physical assaults decreased by 14 percent in 2007
to 132 incidents.
An inquiry conducted by AIDS Info Service in 2005 showed that 57.3
percent of HIV positive respondents had experienced discrimination.
These cases represent 13.9 percent of the discrimination caseload
addressed by the HALDE in 2005.
There were reportedly instances of discrimination based on age.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers the right to
form and join unions of their choice without previous authorization or
excessive requirements, and workers exercised these rights in practice.
Approximately 8 percent of the work force was unionized. The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. Workers, including civil
servants, have the right to strike except when a strike threatens
public safety. Workers exercised this right by conducting legal
strikes.
b. The Right to Organize and Bargain Collectively.--The law
provided for the right to collective bargaining, and workers exercised
this right freely. Approximately 90 percent of workers in the formal
economy operated under such agreements. There were no reports of
antiunion discrimination during the year.
There are no special laws or exceptions from regular labor laws in
the country's three export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. Women and children were
trafficked for commercial sexual exploitation, domestic labor, and
petty crime.
Although there were press reports that undetermined numbers of
undocumented immigrants experienced substandard pay and working
conditions, sweatshop conditions were rare due to effective labor law
enforcement. In practice abuses were limited to the informal economy.
Friedrich Schneider, a researcher from the University of Linz-Austria,
concluded that the informal economy accounted for 11.8 percent of the
country's gross domestic product for the year 2007.
Forced or compulsory child labor occurred. There are strict laws
against trafficking in persons for domestic labor, and the Committee
against Modern Slavery brought such cases to authorities for
prosecution.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits most forms of child employment, and the Government
generally implemented laws and policies to protect children in the
workplace effectively. Persons under age 16 are prohibited from
working, with a few exceptions for those enrolled in certain
apprenticeship programs or working in the entertainment industry.
Persons under age 18 are generally prohibited from performing work
considered arduous or working between 10:00 p.m. and 6:00 a.m.; persons
under age 16 may not work after 8:00 p.m.
During 2006, the most recent year of reported statistics, police
reported 14 cases of minors illegally employed.
Labor inspectors enforced the child labor laws.
e. Acceptable Conditions of Work.--The minimum wage was 8.71 euros
(approximately $12.19) per hour, as adjusted on July 1. It provided a
decent standard of living for a worker and family. The minimum wage was
uniform throughout the country, despite wide regional variations in the
cost of living, and applied to citizen and noncitizen workers holding a
regular working contract. The Employment Ministry enforced the minimum
wage. Certain categories of employment, including subsidized employment
and internships, must conform to separate, clearly defined standards
and provided salaries below the minimum wage. Employers generally
adhered to the minimum wage requirement, with the exception of those in
the informal economy.
The official workweek was 35 hours. Companies are allowed to
negotiate opt-outs with employees and increase the maximum number of
working days for white-collar workers to 235 per year from 218
previously. Maximum hours of work were 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 were entitled to a daily rest of at least 11 hours
and a weekly break of 24 hours, not including the daily rest period.
Employers were required to give workers a 20-minute break during a six-
hour workday. Premium pay was mandatory for overtime. These standards
were effectively enforced.
The law sets basic occupational health and safety standards. The
Ministry of Social Affairs, Labor, and Solidarity is responsible for
enforcing the law and did so effectively. Workers have the right to
remove themselves from situations that endanger their health or safety
without jeopardy to their employment, and the Government effectively
enforced this right.
__________
GEORGIA
The constitution of the Georgian republic provides for an executive
branch that reports to the president, a unicameral Parliament, and an
independent judiciary. The country has a population of approximately
4.6 million. President Mikheil Saakashvili was reelected on January 5
in an election that international observers found consistent with most
Organization of Security and Cooperation in Europe (OSCE) democratic
election commitments; however, they also highlighted significant
problems, including widespread allegations of intimidation and
pressure, flawed vote counting and tabulation processes, and
shortcomings in the complaints and appeals process. These and other
problems continued into the parliamentary elections on May 21, which
international observers concluded were uneven and incomplete in their
adherence to international standards. Civilian authorities generally
maintained effective control of the security forces.
The main human rights abuses reported during the year included at
least two suspected deaths due to excessive use of force by law
enforcement officers, intimidation of suspects, abuse of prisoners,
poor conditions in prisons and pretrial detention facilities, police
impunity, lack of access for average citizens to defense attorneys,
reports of politically motivated detentions, lack of due process in
some cases, and reports of government pressure on the judiciary.
Respect for freedom of speech and the press lessened, but began to
rebound by year's end. Other problems included reports of corruption
among senior officials and trafficking in persons.
Repeated violations of a ceasefire by all sides in the separatist
region of South Ossetia, including assassinations, bombings, and then
exchanges of shelling, escalated tensions. On August 7, senior Georgian
government officials reported that Tbilisi was launching an attack to
defend against what it reported was a Russian invasion. Georgia
launched a military operation into Tskhinvali, the local capital of
Georgia's South Ossetian region, and other areas of the separatist
region. The situation deteriorated further after Russia launched a
military invasion using disproportionate force across the country's
internationally recognized borders, responding to what Russian
officials reported was Georgia's use of heavy force in Tskhinvali and
the killings of Russian peacekeepers. Military operations by Georgian
and Russian forces reportedly involved the use of indiscriminate force
and resulted in civilian casualties, including of a number of
journalists. There were allegations that South Ossetian militias
engaged in executions, torture, ethnic attacks, and arson; at least
150,000 Georgian citizens were displaced by the fighting. Russian and
South Ossetian forces occupied villages outside of the administrative
borders of South Ossetia and Abkhazia, the other separatist region in
Georgia. Although by October 10 Russian forces had mostly withdrawn
from the regions outside Abkhazia and South Ossetia, they blocked
access to both regions for Georgians and international organizations,
making it dangerous for residents and difficult to monitor the regions'
conditions with respect to human rights and compliance with
humanitarian law. Under the ceasefire, international observers were to
monitor Abkhazia, South Ossetia, and the remaining territory in
Georgia. European Union observers began patrols October 1, but had not
yet been permitted into South Ossetia or Abkhazia at year's end. OSCE
monitors also were denied access to South Ossetia. UN Observation
Mission in Georgia (UNOMIG) monitors continued to access Abkhazia,
although Abkhaz and Russian forces limited their access to the ethnic
Georgian areas of Kodori.
The number of dead, wounded, and missing remained uncertain. At
year's end, Ministry of Defense and Ministry of Internal Affairs Web
sites listed at least 385 soldiers, police, and civilians killed and
2,134 wounded as a result of the August conflict. More than nine
military members and six Ministry of Internal Affairs personnel
remained missing. Since the ceasefire until year's end, at least 10
Ministry of Internal Affairs members were killed by explosions or in
shooting incidents while patrolling areas adjacent to the conflict
areas.
Significant human rights achievements during the year included
closure of Tbilisi Prison Number 5, known for its substandard
conditions, and changes to the law to permit government funding for
opposition parties which passed the threshold percentage of 5 percent.
By the end of the year, television stations had resumed broadcasting
major analytical political talk shows, with opposition and government
figures appearing on the same shows and on all channels.
Prior to the August conflict, de facto authorities in the
separatist regions of Abkhazia and South Ossetia remained outside the
control of the central government. Ceasefires were in effect in both
Abkhazia and South Ossetia, although incidents of violence, including
deaths, occurred in both areas. Deprivation of life, arbitrary arrest,
and detention continued to be serious problems. On August 26, Russia
officially recognized the independence of both territories, resulting
in Georgia cutting diplomatic ties with Russia; as of December 31, no
other country except Nicaragua had recognized the independence of the
territories. Except where otherwise noted, figures and other data do
not include the separatist regions of South Ossetia and Abkhazia.
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 in order to vote in local elections. A 2006
property law prevented internally displaced persons (IDPs) living in
other parts of the country from reclaiming homes in Abkhazia.
Authorities limited instruction in the Georgian language in the
predominantly ethnic Georgian Gali district schools in Abkhazia.
After August 26, South Ossetian de facto authorities announced that
Georgians would be allowed to return to South Ossetia only if they
renounced their Georgian citizenship and took the ``citizenship'' of
the ``Republic of South Ossetia''; in practical terms, this meant
accepting a Russian passport.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
there were reports that government use of indiscriminate military force
resulted in civilian deaths in the conflict in South Ossetia (See
Section 1.g.).
On May 8, patrol police officers Vakhtang Abuashvili and Levan
Jinikashvili were pursuing a vehicle that was speeding in Tbilisi. At
one point, the driver of the car, Giorgi Gamtsemlidze, stopped the car,
got out, and began to run. Abuashvili exited his squad car and began
pursuit on foot. Abuashvili thought at the time that Gamtsemlidze was
armed and pulled his weapon and fired, hitting Gamtsemlidze in the
neck; Gamtsemlidze died from the shot. Later it was determined that
Gamtsemlidze was unarmed. Those at the scene stated that Abuashvili did
not give a proper verbal warning prior to firing his weapon. The
investigation continued at year's end.
On August 14, a representative from Khelvachauri military base
called Roin Shavadze, a member of the armed forces, and told him to
report to work. The public defender's reports noted that Shavadze did
not report due to illness. On August 16, several men came to the
Shavadze home and took him away, but later he returned. On August 17,
Shavadze left for work. Later that day his wife received a call saying
that Shavadze had never arrived at work and was seen being forced into
a car near the market, and she contacted local police. In the evening,
she received a call to come to the emergency room, where she found her
husband dead. Shavadze's body had numerous injuries and bullet wounds.
According to Kobuleti district police inspector Mamuka Tkhiliashvili,
Shavadze was found dead on the Kobuleti-Kakuti highway. Adjara
prosecutor Vasil Roinishvili told Shavadze's widow that he was shot and
killed by police while he was fleeing from the scene of a drug-related
crime. When Shavadze's widow stated she would press for more details
about her husband's case, the prosecutor reportedly threatened her. At
year's end there was no information from the prosecutor's office on the
status of the case.
In 2006, the Prosecutor General's Office opened an investigation to
determine whether law enforcement agents acted in accordance with the
law during the prison riot in Tbilisi Prison Number 5 that year. During
the riot, seven prisoners were killed and 22 injured; two Special
Operation Task Force officers were wounded. The office did not complete
the investigation during the year nor offer an explanation for the
delay.
In 2006, the Prosecutor General's Office investigated five of 12
deaths cited by nongovernmental organizations (NGOs) as evidence of
excessive force used by police that year. In two of the cases,
involving Aleksandre Khubulovi and Zurab Vazagashvili, the office
concluded that the actions of the police officers were lawful. The
investigations of the remaining three cases were terminated in February
2007, when the Ministry of Internal Affairs concluded that police had
only returned fire and therefore had acted within the limits of their
authority. Lawyers for Zurab Vazagashvili's family alleged that
investigators ignored witness statements, pressed witnesses not to
testify, and destroyed evidence. NGOs, on behalf of Vazagashvili,
appealed the decision to terminate the investigation. On July 4, the
court of appeal upheld the lower court judgment that the appellants
(the NGOs that had filed on his behalf) were not parties to the case
and therefore did not have the right to appeal.
In February 2007, authorities submitted a criminal case to the
Kutaisi City Court regarding the 2006 death of Varlam Pkhakadze, who
was allegedly shot and beaten by police investigating a break-in. The
court found officer Ivane Kapatadze guilty of murder and official
negligence and sentenced him to five years in prison. The court
convicted three other officers who had been at the scene. Davit
Minashvili was charged with official negligence, sentenced to three
years in prison, and fined 2,000 lari (approximately $1,210). The other
officers involved, Avalo Gabrichidze and Kakha Bunia, were sentenced to
two years in prison and fined the same amount. After the Kutaisi Court
of Appeal upheld the decision, the counsel for Minashvili and the
victim appealed the decision to the Supreme Court, which had not
reached a final judgment at year's end.
In 2006, the prosecutor appealed the 2004 Tbilisi City Court
conviction of Roland Minadze, a police officer who was found guilty of
falsification and fabrication of evidence in connection with the
beating of Khvicha Kvirikashvili and sentenced to four years in prison.
The Tbilisi Appellate Court upheld the judgment. Minadze went into
hiding but was arrested in January; he subsequently invoked his right
under the criminal procedure code and appealed the in-absentia
judgment. The case was pending before the Tbilisi Court of Appeal at
year's end.
The criminal case against Akaki Bartaia, Kakhaber Azariashvili, and
Giorgi Kurdadze for alleged fabrication of evidence in the 2004 death
of Amiran Robakidze was ongoing at year's end.
During the year four deaths and two injuries from landmines were
reported; one of the deaths and two of the injuries were in Abkhazia.
In some instances media reports attributed deaths to landmines,
although observers believed they were more likely due to unexploded
ordnance. Lack of access to South Ossetia made it difficult to confirm
press reports of landmine-related deaths and injuries.
b. Disappearance.--There were no reports of politically motivated
disappearances perpetrated by the Government. However, conflict-related
disappearances and kidnappings, particularly in areas where Russia was
responsible for restoring and maintaining public order as an occupying
power beginning in August, were frequent during the year in the
separatist regions of Abkhazia and South Ossetia and increased during
the August conflict.
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,
and offenders were prosecuted in these instances. During the year five
Ministry of Internal Affairs personnel were found guilty of committing
torture or degrading treatment. There were reports that government use
of indiscriminate military force resulted in civilian injuries in the
conflict in South Ossetia (See Section 1.g.).
On January 30, Zugdidi police officers Data Gvinjilia and Davit
Nadaraia arrested Gocha Ekhvaia in Nabakevi, Gali Region. Police
reported making the arrest near the train station for hooliganism,
while Ekhvaia alleged that police forcibly took him from his home after
questioning him on the whereabouts of a missing person, beat him, and
drove him around before testing him for drugs. Ekhvaia was placed in
isolation for seven days of court-ordered administrative detention; on
February 3, he lost consciousness and was hospitalized. The Zugdidi
regional prosecutor's office began an investigation into allegations
that police tortured Ekhavia on February 18. On May 7, Ekhvaia told the
Zugdidi court that he would be unable to identify his abusers, and the
prosecutor's office was unable to identify the officers who committed
the offense. The investigation continued at year's end.
On July 20, Rustavi police detained Teimuraz Gorgisheli, who
alleged he was beaten during his arrest. Gorgisheli, who admitted to
robbery during interrogation, alleged that police put an electric wire
around his legs and threatened to shock him. He asserted that 10
officers witnessed the incident and that he was later transferred to a
temporary isolation unit. When a doctor and the ombudsman visited him
on July 24, they noted injuries that had not been recorded when
Gorgisheli was booked into the police station. On August 8, the Kvemo
Kartli prosecutor's office opened a preliminary investigation into the
case. Witnesses who worked in the Ministry of Internal Affairs were
questioned and the room where the interrogation took place searched. No
electric wires were found. A medical evaluation of Gorgisheli recorded
light injuries on his eyes, chest, stomach, and arms. Gorgisheli was
released on bail; law enforcement authorities were subsequently unable
to contact him to continue the investigation.
According to the public defender's office and human rights
monitors, abuse in police stations remained low due to ongoing
unannounced and random monitoring of stations. According to the public
defender's office, instances of abuse at temporary detention facilities
were practically eliminated by the end of 2007, but some cases of
physical abuse were reported directly to the police stations. On June
26, the public defender reported that incidents of torture had become
rare in the country and there had been efforts to improve laws, discuss
complaints publicly, and raise awareness. The penalty for torture was
changed from five to 15 years in prison. Despite the changes,
intimidation of suspects remained a problem.
The public defender's office noted 112 detainees who were admitted
at pretrial detention facilities with injuries during the year, of whom
eight claimed to have been injured as a result of physical pressure by
police. Three detainees claimed that they had been pressured by police
officers.
During the year the Human Rights Protection Unit of the Ministry of
Justice took steps to address torture and mistreatment by random
monitoring of detainees who were in temporary detention cells. The
office reported that 132 complaints of police mistreatment of detainees
had been filed during the year. Mistreatment included verbal and
physical abuse.
During the year there were 39 investigations opened into claims of
torture or degrading treatment against Ministry of Internal Affairs
personnel. Eight cases were carried over from 2007. Of these, 23
investigations were terminated for lack of cause, two cases went
forward to criminal proceedings, and five persons were found guilty. Of
the five found guilty, one was given a conditional sentence of five
years and fined 10,000 lari (approximately $6,060), one was sentenced
to 18 years in prison, and three were sentenced to 22 years in prison.
NGOs reported victims often did not report abuse, fearing police
retribution against them or their families. NGOs also continued to
claim that close ties between the Prosecutor General's Office and
police hindered their ability to substantiate police misconduct and
alleged that the judiciary's lack of professionalism and independence
made it unresponsive to torture allegations. As a result, despite
implementation of positive reforms, NGOs claimed law enforcement
officials could still resort to torture or mistreatment with limited
risk of exposure or punishment. NGOs also believed a lack of adequate
training for law enforcement officers, as well as low public awareness
of the protections afforded citizens, impeded improvements.
The public defender's office noted that monitoring groups found no
instances in which police officers had incorrectly registered a
detainee upon arrival at the police station, which previously had been
a means for police officers to conceal abuse. All law enforcement
officers and representatives of the prosecutor's office, except for
officers of the special police unit, were required to wear identity
badges during meetings with detainees and prisoners. Special police
units were exempt to protect members' anonymity. NGOs believed this
prevented accountability for any abuse by the units.
The Prosecutor General's Office continued to investigate former
Chief of the State Audit Agency Sulkhan Molashvili's allegation that he
was tortured while in pretrial detention in 2004. Molashvili was
pardoned and released on January 6.
In 2007, a presidential decree created an Interagency Anti-torture
Council to address torture and mistreatment of those in prisons and
closed facilities. The council consisted of representatives from the
Public Defender's Office, the Prosecutor General's Office, the
Ministries of Justice, Internal Affairs, Education, Foreign Affairs,
Health, and Defense, the penitentiary department, domestic NGOs, and
three nonvoting international observers. On June 12, a multifaceted
action plan proposed by the council was approved by presidential
decree; the plan addressed torture, mistreatment, and medical care.
Although the plan included multiple ministries responsible for law
enforcement, detention, prisons, and closed facilities, the plan lacked
concrete milestones and provisions for outlying years. The office that
was expected to conduct independent monitoring of all facilities
constituted an important piece of the plan. This independent monitoring
mechanism was widely assumed to be the Public Defender's Office, but
the law had not been amended to reflect this change as of year's end.
Prison and Detention Center Conditions.--Conditions in many prison
and pretrial detention facilities generally remained poor and did not
meet international standards. The public defender's office, the OSCE,
the Committee for the Prevention of Torture (CPT), and many NGOs,
including Human Rights Watch (HRW), continued to report inhumane and
life-threatening conditions, including poor facilities, overcrowding,
and inadequate health care. Most prison and pretrial detention
facilities lacked adequate sanitary facilities.
According to Ministry of Justice data, 94 convicts died in prison
during the year, compared with 98 in 2007 and 91 in 2006. The public
defender's office reported that it frequently petitioned prison
officials to obtain necessary medical treatment for inmates. Attempted
suicides and self-mutilation occurred in prisons as protests against
poor prison conditions and human rights violations. Human rights
monitors, including the public defender, witnessed sporadic prisoner
hunger strikes to protest poor conditions, visitor limitations, and the
perceived arbitrary parole policy of the Government.
In 2006, Shalva Ramishvili of independent TV 202 filed an
application before the European Court of Human Rights (ECHR)
challenging the legality of his arrest and treatment in detention.
During his incarceration, he was moved from his regular cell to a small
disciplinary solitary confinement cell, which he alleged lacked
necessary ventilation and sanitary facilities. In July 2007, the ECHR
found the application partially admissible, and the case was pending at
year's end. The Ministry of Justice noted that the ECHR did not find
the act of confinement in itself a violation. At year's end the case
was still before the ECHR, and no further action had been taken by the
Ministry of Justice.
Many prisons severely lacked medical facilities, including
equipment and medicine. At the end of 2007, prison health care was
outsourced to a private insurance company. The Medical Monitoring Unit
of the Ministry of Justice supervised the provision of medical
services. The Medical Monitoring Unit was made up of 21 persons,
including the deputy head of the department of prisons, prison
directors, the chief doctor of the medical attendance institution for
prisoners, and a group of medical experts from the Department of
Prisons. While it was hoped that outsourcing would improve prison
medical conditions, there was no conclusive data to indicate that this
occurred during the year. NGOs cited the failure of the company to
provide needed medications to inmates as a serious drawback. The Public
Defender's annual report noted that the doctor-to-inmate ratio for
penitentiary institutions was very low, and that the list of medical
specialties covered under the plan was reduced from 45 to 21. The
report also described some doctors as unqualified. The Ministry of
Justice asserted that outsourcing had brought some positive results but
admitted that some shortcomings had been identified.
According to Ministry of Justice statistics, the overall inmate
population at the end of the year was 18,528. The law defines three
categories of penitentiaries: common regime, strict regime, and prison.
Inmates were assigned to facilities depending on their crime, with
first-time offenders and persons convicted of less serious crimes
assigned to common regime establishments. Recidivists and those who
committed more grave crimes were assigned to strict regime
establishments or prisons. The law sets the standard living space per
prisoner as 22 square feet in common and strict regime establishments;
27 square feet in prisons; 32 square feet in the women's colony; 27
square feet for juveniles; and 32 square feet in medical facilities.
Using these figures as a basis, Ministry of Justice statistics
indicated that three out of 12 common and strict regime facilities
(including a juvenile education institution and inmate medical
institutions), as well as three out of five prisons, were overcrowded.
International organizations who monitor prison conditions pointed out
that the country's space requirements for prisoners did not meet
international standards.
The Presidential Administration sought to use early release of
convicts to reduce the high numbers of the prison population. According
to Ministry of Justice figures, 2,804 prisoners were pardoned during
the year.
On April 23, authorities closed Tbilisi Prison Number 5 and
subsequently demolished it; Prison Number 5 had been criticized for
poor conditions and abysmal overcrowding.
Decree Number 390 of the minister of justice, from December 2007,
established a code of conduct for penitentiary employees modeled after
European practices. The working control unit of the headquarters of the
department of prisons was also created in 2007. According to the unit,
there were 179 cases of disciplinary violations by officers in various
penitentiaries during the year which resulted in the dismissal of 10
officers from their posts and 169 receiving lesser punishments.
Possible punishment included notice, reprimand, and severe reprimand
and warning.
During the year the Ministry of Justice and donor organizations
organized and conducted 12 seminars in which 504 prosecutors and 234
penitentiary representatives and probation officers participated. These
training seminars focused on international human rights standards and
juvenile justice.
Until October 31, local monitoring councils were appointed to work
in eight penitentiaries to monitor conditions, develop recommendations,
and submit quarterly reports. Council members were selected on the
basis of their desire to work, qualifications, and reputation, and were
approved by the minister of justice. Critics questioned the objectivity
of the councils. NGOs also pointed out that over half the councils
existed only on paper and had stopped functioning because members'
terms had expired and they had not been replaced. Council members also
had difficulty getting passes to enter prisons. After their mandate
expired on November 1, the councils could not continue their work.
Since a minister for probation, penitentiary, and legal services had
not been named, the work of the councils lapsed for the rest of the
year.
The International Committee of the Red Cross (ICRC) had full access
to detention facilities throughout the country, including the regions
under the de facto control of Abkhazian and South Ossetian authorities,
to monitor conditions of detention and treatment of all detainees. The
ICRC reopened its office in Tskhinvali on August 20 to provide the
necessary assistance to the civilian population affected by the August
war. In addition, the ICRC continued with its support to Georgian
detention authorities to carry out health needs assessments in places
of detention and continued its support within the framework of joint
tuberculosis control in prisons.
Prison conditions in the two separatist regions were 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 did
not always observe these prohibitions.
Role of the Police and Security Apparatus.--The Ministry of
Internal Affairs has primary responsibility for law enforcement. During
times of internal disorder, the Government may call on the ministry or
the military. The ministry controls the police, which are divided into
functional departments and a separate, independently funded police
protection department that provides security and protection to both
infrastructure sites and private businesses.
There was a low incidence of police corruption at the patrol police
level. As a result of recent reforms, the relatively high salaries for
police officers provided an incentive for them to refrain from using
their positions to extort money from citizens and from mistreatment or
abuse of detainees.
In October 2007, the UN Human Rights Committee expressed its regret
about the persistence of reports involving police abuse, in particular
during the arrest of suspects, and deaths allegedly resulting from the
use of excessive force by police.
A number of 2007 allegations from the public defender's office and
NGOs that police planted evidence, used excessive force, engaged in
inhumane and degrading treatment, abused official authority, and
exceeded the limits of official authority were not investigated by
year's end. During the year, 31 police officers were detained on
criminal charges of taking bribes, using drugs, committing forgery/
fraud, or abusing their authority. There were 401 police officers who
received administrative punishment for misconduct, over 300 who were
dismissed, and five who were demoted.
In February 2007, officials from the Ministry of Internal Affairs
arrested Lasha Khorguiani, Gocha Mildiani, and Khvicha Mildiani,
planted drugs on them, unlawfully detained them, and tortured
Khorguiani. The arrests were made allegedly at the behest of Irakli
Kodua, the head of the ministry's Special Operations Department, who
was angry about an incident involving a cell phone. Gocha and Khvicha
Mildiani were released later that month. Khorguiani was released after
two months detention and a 5,000 lari (approximately $3,200) fine. No
charges were brought against Ministry of Internal Affairs officials,
and there were no new developments as of year's end.
Authorities arrested or administratively disciplined police
officers in a few high-profile cases of physical abuse or deaths in
custody. The Human Rights Protection Unit in the Office of the
Prosecutor General issued regular updates on the status of cases,
trials, and investigations of human rights violations. However, NGOs
maintained that the incidence of abuse was higher than the number of
cases investigated by the prosecutor general, and that the 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.
The Prosecutor General's Office was in charge of all criminal
investigations into allegations of torture and mistreatment.
Prosecutors were required to investigate police use of force when a
detainee with injuries sustained during arrest was registered. The law
required the office to open an investigation when it received
information about a possible violation, even if from an anonymous
source. If prosecutors concluded after investigation that charges were
not warranted, the decision could be appealed to a higher level within
the office. Any person subjected to abuse was able to pursue a civil
action against the abuser.
Konstantine Chrelashvili alleged that Ministry of Internal Affairs
officials tortured him in order to force a confession from him in 2004.
In 2006, a criminal case was opened to investigate the accused
officials, B. Khvhistani, K. Sopromadze, and J. Jankhoteli, who were
found guilty and sentenced to imprisonment. During the year a civil
case was filed against the Ministry of Internal Affairs requesting
compensation for the victim from those who committed the crime. At
year's end the case was pending before the Tbilisi City Court.
The Prosecutor General's Office opened investigations into
allegations of torture or abuse by police, but in some cases continued
them indefinitely without issuing any findings or, if concluded, in
most cases affirmed the reasonable use of force by police.
A 2006 police code of ethics obliges police officers to uphold the
human rights of all persons and to use force only when strictly
necessary for the performance of their duty; the Ministry of Internal
Affairs and prosecutor general's office are responsible for
implementing the code. The General Inspection Service of the Ministry
of Internal Affairs investigates cases of suspected duty infractions of
police officers, receiving complaints from citizens who call in on the
ministry hot line, from the public defender, or from the main unit of
the Human Rights and Monitoring Department of the ministry. Infractions
may be addressed to the police officer's supervisor, who can also
initiate an inquiry. Disciplinary measures may be one of seven types:
reproach, condemnation, severe condemnation, deprivation of the
ministry badge, demotion, demotion by one grade, or dismissal. If there
is suspicion that a police officer committed a criminal act, the
policeman is suspended from his post, and if the allegations are
confirmed, the inquiry materials are transferred to the prosecutor
general's office, where the case becomes a criminal investigation.
During the year the Police Academy included training on human
rights in the basic course for patrol police and conducted additional
specialized training on human rights in cooperation with international
partners such as the Council of Europe. The Police Academy curriculum
for 1,287 patrol, regional inspectors, and junior police officers
included training on the legal basis for the use of coercive force,
tactical training on negotiation skills for managing critical
situations with the goal of using coercive force as a last resort, and
role-playing to illustrate these points.
Arrest and Detention.--Police, investigators, and prosecutors may
arrest a person upon suspicion and without a warrant, but the law
stipulates that detainees must be brought before a magistrate judge
within 72 hours. Those not charged within this period must be released.
The Prosecutor General's Office is the only body authorized to engage
directly with the courts. At year's end, there were no reported cases
of detainees kept longer than 72 hours without being charged.
During the year, the public defender and NGOs working on human
rights problems reported a number of cases in which law enforcement
officers planted drugs or weapons in order to arrest and charge
individuals in criminal cases.
In May 2007, the law was amended to lower from 14 to 12 years the
minimum age at which children may be held criminally responsible for
certain violent crimes, such as first degree murder and rape. HRW and
others criticized the change. The criminal code states that, as of July
1, juveniles who commit violent crimes will be fined until the
Government opens a juvenile correction facility that meets
international standards. There were no plans to build such a facility
at year's end.
A detainee has the right to request immediate access to a lawyer
and the right to refuse to make a statement in the absence of counsel.
An indigent defendant has the right to counsel provided at public
expense. The ministry in charge of the proceedings appoints the counsel
upon the defendant's request. If a defendant requests an attorney after
arrest, the investigator or prosecutor who is handling the case is
responsible for contacting and engaging the attorney. During the year
the law provided for attorneys to be furnished free of charge to all
persons charged in criminal cases.
In September 2007, former defense minister Irakli Okruashvili gave
a televised press conference in which he declared his opposition to the
Government and accused President Saakashvili of several serious crimes,
including ordering him to kill prominent businessman Badri
Patarkatsishvili. Police arrested Okruashvili and charged him with
corruption later that month. Opposition leaders expressed concern that
Okruashvili's arrest was politically motivated, constituted an attempt
to intimidate the political opposition, and was part of a series of
attacks on human rights by the Government. Okruashvili was released on
bail in October 2007 after making a videotaped confession to some of
the charges against him and retracted his charges against Saakashvili.
Okruashvili left the country in November 2007 and, in subsequent
interviews from abroad, stated that his confession, retraction, and
departure from the country had been forced. In November 2007,
Okruashvili was arrested in Germany, and later returned to France, his
original entry point into Europe. On March 28, Okruashvili was tried in
absentia in Tbilisi, found guilty of large-scale extortion, and
sentenced to 11 years in prison. On April 23, he was granted political
asylum in France. On September 12, the French appellate court ruled
against Okruashvili's extradition to Georgia. During the year members
of Okruashvili's political party alleged that close associates or
family members of associates were arrested for their party affiliation.
Human rights NGOs claimed the Government detained 60 to 100
soldiers after the armed conflict in August. Some attributed the
detentions to failure to report to their units during the war. Others
maintained that the detentions were for drug use or some other charge.
The press reported that soldiers were arrested for speaking out against
the Government. By year's end many had been released on bail or
pardoned; the number remaining in detention was unknown.
Defense counsel has the right to meet persons accused of a crime
without hindrance, supervision, or undue restriction; however, some
attorneys alleged that audio and video equipment in police stations,
which was intended to record interrogations of suspects by law
enforcement or investigators, was used improperly sometimes to monitor
privileged attorney/client conversations.
Officers must notify detainees' families of their location within
five hours of their arrest and record the circumstances of the
notification in the case record. Monitoring boards regularly reviewed
these records during their visits to police stations.
Police are also required to inform detainees orally of their rights
and to provide detainees a copy of the arrest and search form, signed
by police and detainees, to acknowledge that detainees have been fully
informed of their rights. The public defender's office and NGOs
reported that police often failed to inform detainees fully of their
rights and that, if informed of their rights, detainees often did not
understand them.
Under the code of criminal procedure, pretrial measures of
restraint include detention, release on bail, and personal guarantee.
The amendments eliminated alternatives such as house arrest and police
supervision. Since January 2007, the judiciary sought to use bail
rather than pretrial detention. NGOs noted that, due to economic
hardship, some defendants were not able to pay bail even when it was
granted and ended up in pretrial detention. According to statistics for
the first 11 months of the year, bail was used in 53.7 percent of
cases, compared with 54.9 percent for the same period in 2007. The
minimum amount of bail was 2,000 lari (approximately $1,210). Pretrial
detention for the same period during the year was used in 45.1 percent
of cases as opposed to 43.9 percent for the same period in 2007. A
property bond is also permitted.
Under the law and in practice, the overall time limit for trial and
exhaustion of appeals is 12 months. A person who is arrested must be
charged within 72 hours or released. They can be held for a maximum of
nine months before the court of the first instance renders a verdict.
Once the verdict is rendered, the prison sentence begins immediately
regardless of any appeal process underway. There is a maximum three-
month appeal process for the appellate court and a maximum of six
months for the Cassation Court in the Supreme Court. If all appeals are
exhausted, a prisoner can be held for a maximum of 18 months. There are
no time constraints once the trial begins for the first instance court
to render a verdict.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary. However, reports persisted that the executive
branch continued to pressure judicial authorities. Many NGOs complained
that judicial authorities continued to act as a rubber stamp for
prosecutors' decisions and that the executive branch exerted undue
influence. NGOs also expressed concern that recent judicial appointees
lacked the experience and training to act independently. The high
number of vacancies at the trial court level resulted in long delays
scheduling trials.
Following constitutional amendments in 2006, the High Council of
Justice, the body that disciplines judges, operated as an independent
institution with a majority of its members from the judiciary. In June
2007, Parliament passed further changes to the law on common courts,
reorganizing the High Council of Justice and removing the minister of
justice as a member, the last such executive branch official. Eight
judicial members whom the Conference of Judges elected and the chairman
of the Supreme Court constitute the majority of the High Council of
Justice. Two members of the council are appointed by the president and
three members are elected by Parliament. The head of the legal
committee of Parliament, currently a member of the ruling party, is an
ex officio member of the High Council of Justice. A July amendment
required that one of the three members elected by Parliament must be
from an opposition party.
Following the constitutional amendments, the authority to appoint
or dismiss judges was moved from the president to the High Council of
Justice, and the chairman of the Supreme Court was made chairman of the
council in order to increase the transparency of the judicial
appointment process. Despite the use of objective written examinations
to create a pool of potential qualified appointees and publication of
the names of all potential candidates for public comment, the judicial
appointment process was not sufficiently transparent. Oral interviews
of appointees were held behind closed doors with no public knowledge of
what criteria were used for selection.
In July 2007, Parliament passed legislation on ex parte
communications, prohibiting prosecutors, defendants, investigators, and
any interested third parties from contacting judges outside the
courtroom during cases to sway their judgments. The legislation, which
went into effect in August 2007, also repealed Soviet-era laws that
punished judges, both criminally and administratively, for making
incorrect rulings, provisions that many observers believed the
Government could use to limit judicial independence. The law requires
judges to immediately report in writing any ex parte communication to
the chairman of the court, who must review the report within 14 days
and can impose a fine up to 2,000 lari (approximately $1,210) or
forward the matter to the Secretary of the Council of Justice. The
Secretary then has one month to review the report and forward it to the
appropriate regulatory body, such as the prosecutor general for
prosecutors, the Georgian Bar Association for defense attorneys, or the
relevant agency heads for investigators for disciplinary action. The
High Council of Justice may appeal a decision of the regulatory bodies
not to impose a disciplinary sanction according to the general rule for
appealing administrative rulings.
Since the adoption of the law on ex parte communication, there have
been four violations, three of which did not appear to involve public
officials, reported to the High Council of Justice.
On September 3, a Zestaponi District judge received a telephone
call from a person who introduced himself as a minister of justice and
asked him to consider ruling in favor of a party on a civil case, who
was his friend. The judge reported this communication to the chairman
of the court, who forwarded this report to the law enforcement
agencies. A preliminary investigation was ongoing at year's end to
determine the identity of the caller.
The Prosecutor's Office is responsible for disciplinary action for
violations of the ethics code for prosecutors adopted in 2006. The
Office of the Prosecutor General conducts an inquiry into such facts
and presents this information to the prosecutor general with a
recommendation for disciplinary action. The code was actively
implemented during the year, with 21 prosecutors receiving disciplinary
actions ranging from notice to reprimand and strict reprimand. Of these
21 cases, three were ethics violations. Twenty-four criminal cases
against prosecutors were ongoing during the year, 11 of which were
carried over from previous years. Two prosecutors were convicted in
criminal cases during the year but used plea bargaining and did not
serve jail time.
Defendants must confirm in court any statement they gave while in
pretrial detention before it can be accepted as evidence. NGOs reported
that this provision had little impact, either because detainees feared
reprisal if their statement was not ratified in court, or they were not
aware of the law.
The law provides penalties of up to five years in prison for
witnesses and victims who obstruct justice by giving substantially
contradictory testimonies. NGOs contended that the provision made
witnesses more vulnerable to prosecutorial pressure because it
discouraged them from recanting incriminating statements given to the
prosecutor during pretrial investigations. Prosecutors supported the
provision on the ground that it discouraged witnesses from changing
their testimony due to pressure from the defendant or his or her
associates. The law does not punish defendants for perjury. Witnesses
are legally obliged to give evidence. Protection from criminal
liability for failing to follow this rule applies only if there is risk
that close relatives of witnesses will self-incriminate.
Both torture and the extortion of evidence represent criminal
offenses under the criminal code. Article 30 of the criminal procedural
code sets aside a general rule, based on which persons who have
suffered property damage, physical, or moral injuries from crime have
the right to file a civil claim either in the criminal court that is
trying the case or in a civil court to demand compensation. The
compensation for physical injuries covers the costs of burials, medical
treatment, prosthetic devices and medicine, insurance, the compensation
of financial aid, and pension. Compensation for moral injuries can be
monetary. The general rule of seeking compensation and redress for the
injuries received as a result of crime through civil action equally
applies to all crimes, including torture, extortion of testimony, and
illegal arrest.
The High Council of Justice administered a three-tiered court
system composed of regional (city) courts, appellate courts, and the
Supreme Court. Regional (city) courts hear routine criminal, civil, and
administrative law cases. The Supreme Court acts as the court of final
appeal.
According to Supreme Court data, in the first 11 months of the
year, the Supreme Court's Chamber for Administrative and Other Cases
issued judgments in favor of the Government in 44.5 percent of the
cases and in favor of private individuals or companies in 55.2 percent
of the cases. The remaining cases were resolved by mutual settlement.
The Government continued setting up a system of magistrates to hear
specific cases, such as misdemeanors; when completed, the system will
have 21 enlarged district (city) courts with 46 magistrate judges
specialized to hear cases in civil, criminal, and administrative
categories. By midyear five enlarged District Courts had been created,
and eight magistrate judges had been appointed and were working in
Ninotsminda, Kaspi, Akhalgori, Dusheti, Tianeti, Khazbegi, Chiatura,
and Kareli.
In June 2007, in cooperation with the Council of Europe, the High
School of Justice established a curriculum for training judges. In
2007, the school began training judges, many of whom were expected to
serve as magistrate judges, and continued in 2008. During the year the
monthly salaries of judges at all levels continued to rise, reducing
the incentive for corruption. Judicial salaries were 4,299 lari
(approximately $2,610) for Supreme Court judges, 2,300 lari ($1,390)
for appellate-level judges and 2,100 lari ($1,270) for lower court
judges.
In October 2007, the Conference of Judges adopted a code of ethics
for judges that defines rules of judicial ethics to strengthen the
independence, impartiality, and integrity of the judiciary. The
Disciplinary Collegium of judges of common courts discussed 22
disciplinary cases against 17 judges during the year. The collegium
recognized violations and imposed disciplinary sanctions on 10 judges.
Of these, one case involved an ethics violation.
The Constitutional Court arbitrates disputes between branches of
government and rules on individual human rights violation claims; it
generally demonstrated judicial independence. The power of
constitutional review is vested solely in the Constitutional Court. The
court generally interpreted its role in human rights cases narrowly,
agreeing to rule only on cases in which human rights were violated as a
result of specific articles of law.
Trial Procedures.--Defendants have the right to a public trial,
except where national security, privacy, or protection of a juvenile
are involved. While the criminal procedure code does not provide for a
jury trial, other amendments expanded defendants' rights in criminal
procedures.
Defendants have the right to be present at their trial and to
consult an attorney; however, access to defense attorneys for indigent
defendants was limited in practice. The majority of criminal defendants
went to trial without benefit of counsel. In June 2007 Parliament
established a system to provide persons accused of crimes with free
legal assistance in the first 48 hours, regardless of their financial
status. The budget was increased more than 1,280,000 lari
(approximately $776,000) to begin the two-year process of implementing
the new law.
Defendants may question and confront witnesses against them and
present witnesses and evidence on their own behalf at trial. By law,
defendants and their attorneys have access to the prosecution's
evidence relevant to their cases at any point during the investigation
and may make copies at their own expense. By law, defendants are
presumed innocent and have the right to appeal.
The law provides that a verbatim record must be prepared and signed
by the Secretary and the presiding judge of the hearing within five
days of the conclusion of the court hearing or trial. Only after court
officials have signed the document can it be introduced to the parties.
Comments from the parties on the wording of the transcript may be
submitted to the court. Court judgment shall be served to the parties
within the same number of days in simple cases and in 14 days in
complex cases.
Since 2007, persons charged with crimes could be tried in absentia
if they are absent to avoid trial. The same law permits persons
convicted in absentia to appeal their conviction within one month of
their arrest or surrender, which guarantees a new trial.
Defense counsel and the defendant have the right to participate in
pretrial hearings; however, their presence is not mandatory. Failure of
defense counsel to appear at a hearing does not constitute grounds for
postponement. Without a hearing, a judge may also rule on the
admissibility of an appeal of a pretrial preventive measure.
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. Although the
prosecutor general's office reported that the majority of plea
bargaining cases supported ongoing investigations into drug
trafficking, NGOs criticized plea bargaining. There were widespread
reports that such agreements (some on issues much wider than drug
trafficking) required a person to pay money, but the agreement was not
used to obtain information on other criminal activity. Some plea
bargaining agreements reportedly included a tacit understanding that
the person accused would not pursue complaints of abuse or mistreatment
against law enforcement authorities and would support their version of
events in order to avoid negative publicity.
The use of plea bargaining continued to increase. In the first 11
months of the year, 10,085 defendants were offered plea bargains,
compared with 9,048 defendants in the same period in 2007, an increase
of 11.5 percent. Plea bargains accounted for 53.4 percent of all court
cases during the period.
In January 2007, a new article in the criminal procedure code went
into force that allows a person to appeal an arrest as unlawful, even
if he or she had been released within a short time following the arrest
without charges.
On September 12, Parliament passed a constitutional amendment that
merged the Office of the Prosecutor General into the Ministry of
Justice. The minister of justice heads the merged entity. Due to the
merger, the Government decided that the Penitentiary Department and
Probation Service could no longer be part of the Ministry of Justice
and would be established as a separate ministry. It also determined
that the Legal Aid Office could no longer be considered part of the
Ministry of Justice due to the inherent conflict between that office
and the prosecutor's office. On December 30, Parliament amended the law
to place the office under the Ministry of Penitentiary, Probation, and
Legal Aid Services. The amendment also limits free legal aid to those
who qualify as indigent under the law beginning January 1, 2009.
Human rights activists were concerned that the merger did not allow
the prosecutor's office sufficient independence from the Ministry of
Justice and did not allow for a direct parliamentary vote on the chief
prosecutor's nomination. The law noted that the president and the prime
minister do not have the authority to annul decisions of the minister
of justice and prosecutors who are serving their prosecutorial
functions.
As part of the merger, the criminal justice guidelines were made
confidential, potentially making it difficult for lawyers to raise
procedural points in criminal cases, as this information, even the
general principles, were not shared as public information. To ensure
the independence, transparency, and effectiveness of the Legal Aid
Service, the authorities established a supervisory body consisting of a
Supreme Court judge, a member of the Georgian Bar Association, NGOs,
members of Parliament, and the Ministry of Penitentiary and Probation
staff. The Legal Aid Service's budget could not be reduced without
approval from its supervisory board. Despite these precautions, legal
NGOs noted that inclusion of the Legal Aid Service within the Ministry
of Penitentiary and Probation would not encourage independence. In
addition to an annual state budget, the Legal Aid Service can be funded
by donations and grants from outside services. According to statistics
published by Legal Aid Service, 97 percent or 2,871,000 lari
(approximately $1,715,000) of its budget was state funded.
Political Prisoners and Detainees.--The public defender's office
identified five political prisoners: Merab Ratishvili, Joseph Jandieri,
Ilia Tsurtsumia, Joni Jikia, and Dimitri Godabrelidze. They were
convicted in connection to their participation in antigovernment
rallies in November 2007. Local NGOs alleged there were political
prisoners but often could not agree on how they defined political
prisoner or on the number of persons who qualified. The parliamentary
Human Rights Committee claimed that there were no political prisoners
in the country.
According to the prosecutor's office, Ratishvili, and Jikia both
were arrested on charges of drug possession. The court found them
guilty and sentenced them to nine- and seven-year prison terms,
respectively. Tsurtsumia was arrested on charges of resisting a police
officer so as to impede the protection of public order, found guilty,
and sentenced to three years' imprisonment. The prosecutor's office
stated that criminal cases were only pursued when they met relevant
evidentiary standards.
During 2007, there were two high-profile cases involving charges of
treason: Irakli Batiashvili and former state security minister Igor
Giorgadze's 14 associates, including Maia Topuria. During the year
Batiashvili was released on presidential clemency, and the guilty
verdict for Igor Giorgadze's associates was upheld on appeal. In both
instances cases were filed in the ECHR: Batiashvili's in January 2007
and Maia Topuria's in March 2007.
In October 2007, the opposition published a manifesto containing
several demands, including the release of unspecified political
prisoners. The manifesto referred to Irakli Okruashvili and Irakli
Batiashvili. In November 2007 the opposition compiled a list of 42
persons whom it considered political prisoners and presented the list
to the Government. Thirty-four persons on the list were released by
year's end; two of them, Batiashvili and Jandieri, were pardoned. At
year's end, 14 persons on the list remained in custody.
The Government permitted international human rights and domestic
organizations to visit those claiming to be political prisoners, and
some organizations did so 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
adjudication. The constitution and law stipulate that a person who
suffers damages resulting from arbitrary detention or other unlawful or
arbitrary acts is entitled to bring a civil action.
In Abkhazia the de facto parliament in 2006 adopted a decree
banning de facto courts from considering any property claims filed by
ethnic Georgians who left Abkhazia before, during, or after the 1992-93
war, thereby effectively depriving IDPs of their property in Abkhazia.
According to the decree, any previous judgments or pending procedures
related to ethnic Georgians' property were nullified. De facto courts
in Abkhazia reportedly did not make efforts to establish facts or
administer justice but acted at the direction of prosecutors and law
enforcement. Criminals paid bribes to police, prosecutors, and judges
to avoid prosecution.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions without court approval
or legal necessity and also prohibits police from searching a residence
or conducting undercover or monitoring operations without a warrant.
Charges against some opposition leaders after video and/or audio
surveillance raised concerns among some NGOs and international
observers about this practice. In its December 2007 report, the
International Crisis Group stated that civil society activists
complained telephone taps had become widespread and were used to
implicate opposition or public figures and businessmen.
NGOs continued to report that in practice police conducted searches
and occasionally monitored private telephone conversations without
first obtaining court orders; police often obtained warrants after the
fact. NGOs reported that most citizens were unaware of their right to
postpone a search of their home by one hour in order to summon two
objective third-party witnesses to the search. The Government stated
that security police and tax authorities entered homes and workplaces
without prior legal sanction.
There were concerns about the lack of due process and respect for
the rule of law in a number of developments on property rights. A law
passed in June 2007 required old leases to be reregistered with the
Government. The law also gave the Government the right to evict illegal
tenants with five days notice. In 2007 there were protests over the law
and widespread concern among citizens over its ramifications. After the
November 2007 events and elections during the year, the Government
relaxed its stance on illegal constructions and allowed legalization of
illegally erected constructions or acquired property, and public
concerns died down.
Parliament passed a resolution in November 2007 instructing state
agencies, including law enforcement bodies, to cease probes into
disputed properties where the harm to the citizen exceeded the
substantial benefits of the decree.
In 2007, various ministries and cities gave notice affecting 1,950
different properties before the deadline. The Government stated that
cases would be reviewed and that not all the properties would be
divested from their owners.
In April 2007, according to HRW, restaurant owners in Tbilisi and a
neighboring town complained that officials pressured them into handing
over their property by threatening them with criminal charges for
allegedly purchasing their property through corrupt business
transactions during the Shevardnadze era. The Government contended that
these were cases of property with expired or ambiguous leases or were
obtained through fraudulent transactions or bribery linked to
corruption. Domestic and international observers expressed concern that
the Government had not sufficiently respected due process and the rule
of law. The public defender was investigating 10 such cases at year's
end, although there were reportedly more. The public defender mentioned
this concern in his December 30 remarks to the Parliament.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Separatist conflicts in the regions of Abkhazia and South Ossetia
remained unresolved and were exacerbated during the August 7-12 armed
conflict between Georgia and Russia.
Incidents of violence occurred in Abkhazia, particularly in the
predominantly ethnic Georgian Gali region, and in South Ossetia. After
the armed conflict began August 7, the Government lost control over
Abkhazia and South Ossetia.
There was little information on the human rights and humanitarian
situation in Abkhazia and South Ossetia due to limited access to these
regions. In March 2007 Abkhaz de facto authorities agreed to permit a
UN human rights officer's presence and the deployment of three UN
civilian police in the Gali Sector headquarters.
On August 11, the Abkhaz de facto Ministry of Defense recommended
that UNOMIG withdraw its observers from Kodori gorge. By year's end
UNOMIG military observers could access the area only under Russian
military escort. The UN mandate was extended through February 15, 2009.
On August 26, the Russian government recognized Abkhazia and South
Ossetia as independent states; on September 17, the Russian government
signed agreements with the de facto authorities that included
provisions to allow Russian military presence in the territories. On
August 27, the Georgian prime minister signed a decree formally
terminating Russian peacekeeping operations in Georgia. Formerly,
agreements permitted Commonwealth of Independent States' peacekeeping
forces in both Abkhazia and South Ossetia. On August 28, the country's
Parliament passed a resolution declaring Abkhazia and South Ossetia to
be Russian-occupied territories.
The Gali region of Abkhazia, where many ethnic Georgians live,
remained tense as a result of limitations on freedom of movement,
kidnapping, arbitrary arrest, and deaths in custody. Systemic problems
in the criminal justice system of the de facto authorities, in
particular the failure to conduct impartial investigations and to bring
alleged perpetrators to trial, sustained a climate of impunity. Abuse
by de facto law enforcement authorities included arbitrary arrests and
detention as well as routine mistreatment of detainees. De facto law
enforcement authorities rarely wore uniforms or carried badges or
credentials, allowing them to act with impunity. Russian military
forces and de facto militias limited the ability of international
observers to travel in Abkhazia to investigate claims of abuses.
After the conflict began on August 7, South Ossetian separatists
reportedly committed killings, engaged in looting, systematically
attacked ethnic Georgian villages, and blocked international observers
from viewing events first hand. Russian military forces and de facto
militias did not permit observers into South Ossetia and occupied areas
to investigate claims of abuses.
Killings.--Before the conflict began on August 7, Georgian
government officials and de facto authorities accused one another of
committing arbitrary and unlawful killings in the separatist areas of
South Ossetia and Abkhazia, including intensified shelling of ethnic
Georgian villages in South Ossetia. HRW reported that during the August
conflict Georgian, Russian, and South Ossetian forces committed
numerous violations of the law of war in the conflict, causing many
civilian deaths and injuries and widespread destruction of civilian
property. HRW stated that Georgian and Russian forces used
indiscriminate and disproportionate force. They concluded that Georgian
forces carried out indiscriminate attacks by their extensive use in
civilian areas of multiple-rocket launching systems, which cannot be
targeted with sufficient precision to distinguish between civilian and
military objects. The rockets, known as Grad, were believed to have
been used by Russian forces as well. HRW also reported that the South
Ossetian forces conducted a campaign of deliberate and systematic
destruction of certain ethnic Georgian villages in South Ossetia. HRW
concluded that South Ossetian forces attempted to ethnically cleanse
villages and egregiously violated multiple obligations under
humanitarian law for which there must be individual criminal
accountability and prosecution for war crimes where appropriate.
Amnesty International documented many instances of looting, killings,
home burning, and systematic ethnic persecution of Georgians in both
territories and found that Russian forces failed to protect civilian
populations by refusing to intervene when South Ossetian separatists
attacked Georgian villagers. HRW noted that Russian forces failed to
ensure, as far as possible, public order and safety in areas under its
effective control.
HRW reported that cluster munitions used by Russia and Georgia
killed at least 17 civilians and wounded dozens more; most of the
casualties appeared to have been caused by Russian weapons. Following
the conflict, unexploded submunitions remained scattered in and along
South Ossetian roads, especially antiarmor submunitions.
After the conflict, violent attacks continued along the
administrative boundaries of Abkhazia and South Ossetia. International
monitors were generally unable to identify the perpetrators, but in
most cases found that the attacks originated from the Abkhazian and the
South Ossetian sides of the boundaries. The Government announced that
10 members of the Ministry of the Interior were killed in such
incidents despite the ceasefire, in some cases by sniper fire. On
November 10, two officers were killed and three wounded by explosive
devices connected to a South Ossetian flag placed outside the South
Ossetian administrative boundary. Some attacks may have originated
outside the territories. On November 17, South Ossetian press reported
a villager was shot and killed by a sniper while driving his car inside
South Ossetia.
At year's end, there were no final figures for the total number of
civilians killed during the August conflict; HRW estimated that
hundreds of civilians were killed.
Abductions.--The February 2007 abduction of David Sigua, an ethnic
Georgian serving as de facto election commission chair in the Abkhaz-
controlled Gali district, remained unsolved. The Georgian government
denied Abkhaz accusations that it was involved in the disappearance,
and both sides agreed to a joint investigation, which the UN was
conducting at year's end. Sigua's whereabouts remained unknown.
Government and Abkhaz commissions on missing persons reported that
nearly 2,000 Georgians and Abkhaz remained missing as a result of the
1992-93 war in Abkhazia. The South Ossetia de facto authorities
reported 116 persons still missing since conflicts in 1991 and 2004.
The ICRC continued its efforts to assist the authorities concerned to
fulfill their obligations to provide the information to the families of
the missing persons. Most of the missing persons from the 1992-93 war
were believed to have gone missing in the region of Abkhazia. During
the year no exhumation of those believed dead during the 1992-93
conflict took place, according to the ICRC. Since the beginning of the
August conflict, the ICRC received more than 1,100 tracking requests
from families and authorities. To date, almost 1,000 of these have been
closed, and 108 remain open. After the August conflict, reports of
abductions for ransom became more common, in particular of ethnic
Georgians in the Gali region of Abkhazia. Although in most cases
abductees were quickly and swiftly returned, some suffered beatings and
even death. In early December the beaten body of an elderly woman who
had been missing for some days was found in the woods near her house in
Nabakevi; local villagers alleged that Abkhaz men had abducted her and
demanded ransom.
Child Soldiers.--In Abkhazia, de facto authorities frequently took
teenage boys from their homes for forced conscription in the Abkhaz
militia. Some parents claimed that their sons were younger than 18, the
minimum age for military service. While the number of ethnic Georgians
conscripted into the Abkhaz military was reportedly small, the threat
of conscription remained a political tool the de facto authorities used
to control the ethnic Georgian population and to prevent young Georgian
men from returning to or staying in the Gali district.
Other Conflict-Related Abuses.--During and after the August
conflict with Russia, HRW reported South Ossetian regulars deliberately
killed nine ethnic Georgian women and raped two. The Government
reported that South Ossetian regulars raped multiple citizens. Because
of the social stigma connected with rape, few were reported.
Investigation of reported rapes was difficult due to chaotic conditions
and lack of police in locations where they reportedly occurred, often
behind Russian checkpoints where Georgian officials had no access.
According to civil.ge, a June Studio Monitor investigative
documentary into an attack in the village of Khurcha on the Abkhaz
administrative border on May 21, the date of parliamentary elections,
reported that, contrary to assertions by the Government, the attack was
committed by Georgians. An investigation by the UN into the attack
found that grenades were fired from the Georgian-controlled side of the
ceasefire line. A preliminary report could not identify the
perpetrators but noted inconsistencies in the circumstances surrounding
the incident, in particular the fact that the incident was filmed in
such a way as to suggest that events were anticipated rather than
simply recorded as they were happening. Four civilians were injured.
During the August conflict in and around South Ossetia, HRW
researchers and others witnessed South Ossetian militias looting and
burning ethnic Georgian villages. According to HRW, satellite images
strongly indicated that the majority of the destruction in five
Georgian villages around Tskhinvali-Tamarasheni, Kekhvi, Kvemo
Achabeti, Zemo Achabeti, and Kurt-were caused by intentional burning.
The damage shown was massive and concentrated. On August 12, HRW
researchers spoke with several members of the Ossetian militias who
openly admitted that their associates were burning the houses,
explaining that the objective was to ensure that displaced ethnic
Georgians would not have houses to which to return.
On August 22, Russian online news agency Regnum quoted Eduard
Kokoity, South Ossetia's de facto leader, as saying that the Georgian
enclaves of Kekhvi and Tamarasheni were ``liquidated'' as a result of
military operations.
According to HRW, Georgian forces beat and mistreated at least five
of 32 Ossetians detained in August during the armed conflict.
Other abuses related to the August conflict, according to HRW,
included South Ossetian forces arbitrarily detaining (sometimes
together with Russian forces) at least 159 ethnic Georgians, killing at
least one detainee, torturing at least four Georgian prisoners of war
(POWs), executing at least three, and exposing almost all detainees to
inhuman and degrading treatment and detention conditions.
According to official government figures, persons whom Georgia
detained during the conflict were held in facilities administered by
the Ministry of Defense (Vaziani Military Base), Ministry of Justice
(Prison N8 and Prison Hospital) and Ministry of Internal Affairs
(temporary detention cells.) The ICRC was accorded unimpeded access and
visited two of five POWs as well as 12 security detainees captured by
Georgian authorities during the August conflict. The ICRC was able to
assess their general detention conditions and enabled them to
reestablish family links with their families in the Russian Federation
or South Ossetia.
A 2006 Abkhaz law on citizenship, which excludes the possibility of
dual Abkhaz-Georgian citizenship but allows dual Abkhaz-Russian
citizenship, limited the rights of the ethnic Georgian population in
Abkhazia to participate in the electoral process and to have
representation in the de facto parliament, as well as in local de facto
bodies. After the August hostilities, de facto authorities stated that
persons wishing to return to South Ossetia could do so but would be
required to take Ossetian citizenship, which meant accepting Russian
passports. Georgian engineers who worked at the Enguri dam powerplant,
which straddles the administrative boundary with Abkhazia, were told
they must take ``Abkhaz citizenship'' to continue their work.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, there were credible
reports that the Government restricted freedom of speech and the press,
especially after the May parliamentary elections. Some of these
restrictions were eased by year's end.
In general individuals criticized the Government publicly and
privately without reprisal. However, some individuals told foreign
monitors they were reluctant to discuss sensitive issues by telephone
due to concerns about government eavesdropping. Beginning in the fall
and for the first time since mid-2007, opposition figures and
representatives of the Government regularly appeared on the same shows,
thereby providing a plurality of views.
There were approximately 200 independent newspapers, although most
were local and with extremely limited circulation or influence. During
the year print media frequently criticized senior government officials.
However, few editorially independent newspapers were commercially
viable. Patrons in politics and business typically subsidized
newspapers, which were subject to their influence.
Throughout the year, NGOs, independent analysts, and journalists
accused high-ranking government officials and opposition politicians of
exercising some influence over editorial and programming decisions
through their personal connections with news directors and media
executives. There were allegations of the forced transfer of two
national television stations, Rustavi 2 (in 2004) and Imedi (during the
year). The opposition lost control of Imedi Television, which had been
the sole remaining national independent television station. There were
scattered reported incidents of actual or incited physical abuse of
journalists by local government officials and opposition politicians.
According to the OSCE's final report on the January presidential
election, campaign coverage in the news of most monitored TV stations,
including public television, lacked balance. Following the presidential
election until the beginning of the pre-election period for the
parliamentary elections, there was a relatively free media environment,
with new leadership of public television and generally balanced
reporting of all political parties' activities. During the
parliamentary elections, the OSCE noted improvement in the balance of
coverage by public television compared to the presidential election,
while concluding that the coverage of most other monitored television
stations lacked balance.
After the May 21 parliamentary elections, there was a noticeable
weakening in freedom of the media. While media executives claimed this
was due to limited revenues and a weak advertising market, the net
effect was to diminish the presentation of alternate views, especially
on television, and to substitute entertainment for news and talk shows.
Until the late fall, there was a marked decline in the diversity of
independent media, with the exception of the Tbilisi-based Kavkasia
television station. Most alternative voices were greatly diminished,
and the remaining media concentrated on reporting the Government's
activities and positions. Freedom House reported that there was a
significant decline in investigative reporting since the 2003 Rose
Revolution.
Imedi television went off the air in December 2007 after the
resignations of several key journalists concerned that the Government
had presented evidence two days earlier showing the owner, presidential
candidate Badri Patarkatsishvili, plotting a coup. Imedi-the last
independent national television station-remained off the air through
the January presidential election.
After Patarkatsishvili's sudden death in February, Imedi remained
off the air until April and did not broadcast news until August.
Ownership of the station remained contested, with Patarkatsishvili's
widow filing a notice of arbitration against the Government December
10. Gogi Jaoshvili, one of the former registered owners of Imedi TV,
announced at a December 10 press conference that he had transferred
Imedi holding shares to Joseph Kay and resigned from the position of
the Chairman of the Supervisory Board of I-media under psychological
pressure exerted against him by Georgian law enforcement officers.
Jaoshvili left the country several hours after making this public
statement.
Rustavi-2's founder and former owner, Erosi Kitsmarishvili, alleged
on November 26 that authorities seized the television station from him
in 2004 and announced his intention to regain his shares of the station
by filing a lawsuit against President Saakashvili. By year's end, no
lawsuit had been filed. On December 1, the next Rustavi-2 owner Kibar
Kalvaski filed a letter of complaint with the prosecutor's office
alleging he was forced to give up ownership of the station under
pressure from government officials. He sent a similar letter to the
Parliament, but at year's end there was no reaction to either letter.
Public television station Georgian Public Broadcasting (GPB) was
the scene of opposition protests after the January presidential
election. Opposition supporters, including the United Opposition
presidential candidate Levan Gachechiladze, assaulted 20 GPB
journalists and demanded that the authorities change the GPB director
and the board. These changes were made in February after negotiations
between the Government and the opposition. The opposition parties chose
four of the nine member board, including the board chairman, Irakli
Tripolski. A new, more neutral director was chosen with the agreement
of the opposition. GPB broadcast a new talk show, Seven Days, staffed
by former Imedi journalists who were at times critical of government
policies.
On May 26, the opposition held a three-hour rally to protest the
conduct and results of the parliamentary elections and demanded that
the rally be broadcast live. The GPB and other stations featured
extensive reports on the rally, although none broadcast it live in its
entirety. The opposition-named chairman of the GPB board resigned when
his demand to broadcast the entire rally was not met and claimed that
the GPB was biased.
In a December letter, the public defender noted that Georgian
television had not broadcast independent investigative films for
several years.
By the end of June, most news coverage was cut back to eliminate
all talk shows and analytical programs. NGOs asserted that news
programming was cut due to government pressure on the media. Programs
cut included Shvidi Dris (Seven Days). Mze, a progovernment national
channel that had 2 percent of the market, also ceased its news
operations on financial grounds in June. Although Mze was generally
seen as progovernment, many opposition figures decried their decision
to stop broadcasting news, pointing out that Mze had broadcast the
events of November 7, 2007, live, unlike progovernment Rustavi 2. Also
in June, Radio Imedi's director was replaced with a former government
spokesman. A group of almost 100 journalists issued a statement on June
3 that labeled this action as pressure on the free media. After the
closing of Imedi television as an independent voice earlier in the
year, Radio Imedi had remained the only national media outlet that
provided access to opposition views. While they continued to allow
opposition access, there was a general decrease in news coverage on
Radio Imedi. In September, Rustavi 2 announced that it would not renew
the popular talk show, Prime Time, which it suspended in June. Despite
suggestions that the program might return to the air, Rustavi-2 had not
resumed broadcasting Prime Time by year's end. By the end of the year,
talk shows had reappeared on all of the country's television channels:
Public Broadcaster's Channel One, Imedi, Kavkasia, and Maestro.
In June, Mamuka Glonti, the head of the cable television station
Maestro Media, formed the Committee to Protect Journalists in the
country. A handful of respected journalists were involved in the group,
but they were largely inactive.
Maestro applied for a change of license in November 2007 to allow
the broadcast of a political talk show but was not granted a license.
The station continued to broadcast a political show, but as a voice-
over to music videos. In March, the Georgian National Communication
Commission (GNCC) formally warned the station that it did not have a
license to air political programs. The station complied with the ruling
and suspended political programming, applied for the appropriate
license, but was refused due to its earlier violation of the law. The
station brought the case to court, and in late September the Tbilisi
city court upheld the original ruling by the GNCC. On October 10,
government spokesmen indicated that Maestro cable station's license
would be amended to permit it to broadcast political talk shows.
Maestro received its license and went on the air in December with two
political talk shows, No Comment and Profesia Reportiori (Profession
Reporter).
Kavkasia TV experienced two transmission interruptions in
September, allegedly due to technical issues. Kavkasia's director
suspected the interruption coincided with the station's criticism of
the Government's actions during the August conflict on September 1. On
that date all other Georgian TV channels were broadcasting live the
national Live Chain for Peace in protest over Russia's behavior during
the conflict. Kavkasia's director also alleged that in June financial
police exerted pressure on companies buying advertising from the
station. As a result, several companies interrupted the contracts with
the station, and others decided not to extend the contracts after they
expired in July. Kavkasia's director kept the names confidential.
In August, the outbreak of the conflict between Georgia and Russia
became the primary focus of media attention. Russian forces did not
allow journalists to enter separatist regions or undisputed Georgian
territory located behind Russian checkpoints. After the ceasefire, only
journalists accredited by Russia were permitted in the separatist
region areas. On August 12, eight civilians and one Dutch journalist
were killed as a result of a Russian cluster bomb strike in the center
of Gori. During the conflict three other journalists were killed, and
14 were wounded. Other journalists were robbed, kidnapped, or taken
hostage. Journalists attributed these attacks to Russian soldiers or
irregulars operating under Russian acquiescence.
Authorities limited access to information during this time, and did
not release some sensitive information until after the war, such as
casualty figures and the names of the dead. Government authorities set
up a media center in Gori to provide information to journalists, which
came under Russian attack.
Most people received news from broadcast media. There were eight
privately owned television stations in Tbilisi and one public station,
Channel 1. Four of the Tbilisi-based stations, Channel 1, Rustavi-2,
Imedi, and Mze, claimed nationwide coverage. Imedi and Rustavi-2 were
the most viewed stations, though Imedi was off the air until April and
did not begin airing news broadcasts until August. A fifth channel,
Batumi-based Ajara Television, also broadcast nationwide. An
international NGO estimated that there were more than 45 regional
television stations outside of Tbilisi, 17 of which offered local daily
news, although most was at a very low professional level and largely
represented the views of local authorities.
Two independent journalists, Maka Tsiklauri and Irakli Goguadze,
from online video magazine Presa.ge, noted four separate incidents of
perceived government pressure related directly to their work. On May
21, Goguadze was observing parliamentary elections in Iormuganlo
(Kakheti) when several local activists physically abused him twice and
seized his tape and video camera. On August 13, Goguadze was shooting
an 'IDP protest rally on Rustaveli Avenue in Tbilisi when several
unidentified persons snapped a battery from his video camera and fled.
On August 24 in Tkviavi (Shida Kartli), Tsiklauri and Goguadze were
shooting video when they were attacked and Goguadze's camera and
videotapes were seized. On December 22 in Tbilisi, several unidentified
men tried to force Goguadze into a car after he was asked to show his
identification card. In December 2007, both journalists complained of
government pressure due to a documentary video they had made about
recent developments in the country.
The public defender sent a letter describing the incidents to the
Ministry of Justice's head of the chief prosecutor's legal department
calling for an investigation of the incidents. At year's end there was
no word from the prosecutor's office as to the status of the case.
On April 15, Madona Batiashvili, the chief of the Sighnaghi Bureau
of Radio Hereti, a small independent regional radio station, sent a
statement to the Office of the Public Defender in which she alleged
pressure from Levan Bezhashvili, the president's representative in the
Kakheti region, to prepare positive news reports and to stop reporting
on him and his friends. At year's end there was no response from the
prosecutor's office on the status of the case.
In mid-July, the newspaper Batumelebi received an e-mail message
threatening to kill the editor in chief Eter Turadze and a staffer of
the same newspaper. Batumelebi went public with the story and informed
the prosecutor's and ombudsman's offices about the threat. Soon,
Batumelebi received a second e-mail containing a threatening message.
The Ajara Prosecutor's Office started an investigation shortly after
the incident. An investigator visited and interviewed Batumelebi staff,
but at year's end there was no information available on the progress of
the case.
On December 9, Tamara Okruashvili, a correspondent for Khalkhis
Gazeti, stopped to take pictures and talk to IDPs from South Ossetia
who were near the Gori Municipal Building. Some of them were
complaining about their living conditions. Seeing this, Gori City
Council Chairman David Khmiadashvili told Okruashvili that she should
leave. Heated remarks ensued, resulting in the chairman striking
Okruashvili, knocking her camera out of her hand, and breaking it.
Okruashvili filed a complaint with police. The following day, the
chairman apologized to her personally and formally in Resonani
newspaper. Khmiadashvili also sent her a new camera. Okruashvili
withdrew her complaint.
In March 2007, Elisio Janashia, editor of Tavisupali Sitkhva (Free
Word), claimed the spokesman for the governor of Samegrelo-Upper
Svaneti verbally abused and threatened her after she published an
article about harassment of a journalist from another newspaper. In the
same month, the public defender requested that the Zugdidi Internal
Affairs Ministry investigate the allegations. The investigation noted
that acts committed by the governor of Samegrelo-Upper Svaneti did not
constitute interference into journalistic activities, as the disputed
conversation took place after the publication of Janashia's article. On
October 25, the investigation was closed.
Throughout the year the public defender and others called for
changes in the law on broadcasting to increase the transparency of
media outlet ownership. On December 19, Parliament adopted amendments
to the Law on Broadcasting allowing the parliamentary minority to
nominate one member for the Georgian National Communications Commission
(GNCC). The parliamentary majority group also is eligible to nominate
one GNCC member. At year's end the commission was composed of five
members each serving a six-year term. The amendment envisages pre-term
suspension of the authority.
By year's end many media ownership questions remained unclear. No
information was available as to the ownership of the GeoMedia Group,
registered in the Marshall Islands, whose shares of Rustavi-2 declined
from 55 to 40 percent on November 7. Rustavi-2's founder and former
owner Kitsmarishvili alleged in November that President Saakashvili was
behind the GeoMedia Group.
Very often journalists work without contracts, which in effect
encouraged them to practice self-censorship. Journalists were hesitant
to report something other than the owners' views, as they were afraid
of losing their jobs.
Media in the separatist regions of South Ossetia and Abkhazia
remained tightly restricted by the de facto authorities.
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 electronic mail. E-
mail access rose slightly during the year but remained centered in
Tbilisi and major metropolitan areas. Estimates were that no more than
11 percent of the population used e-mail. During the August conflict,
Russian cyber attacks defaced or took official Georgian Web sites
offline and jammed the mobile telephone network. The Government blocked
access to Russian cable television news reporting and access to Russian
Internet news sites when hostilities began in August. On October 21,
authorities restored access to Russian Internet news sites but
continued to block Russian cable news, which could still be accessed by
satellite.
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 respected this right during the year in practice.
The law requires political parties and other organizations to give
prior notice and obtain permission from local authorities to assemble
on a public thoroughfare. Permits for assemblies were routinely granted
during the year.
Following the September 2007 arrest of former defense minister
Irakli Okruashvili, a number of political parties joined to form the
United Opposition Council, which began protests in October 2007 in
Zugdidi, Kutaisi, and other regions, culminating in a series of large-
scale protests in Tbilisi.
During the year authorities permitted demonstrations.
On June 6, several hundred protesters gathered outside Parliament.
The rally was called by the eight-party opposition coalition after the
official announcement that the newly elected Parliament's inaugural
session would be held on June 7.
On November 7, an estimated 10,000 to 15,000 opposition supporters
held a protest rally to mark the first-year anniversary of the police
break up of a November 2007 rally. The protesters, carrying banners
with slogans, including Stop Russia, Stop Misha, marched towards the
presidential residence and then dispersed peacefully.
On November 23, a group of opposition parties and politicians held
a protest rally outside the Imedi television station demanding Imedi's
return to what they called its legal owner. The rally was joined by
Sozar Subari, the public defender.
On December 30, Subari, as he was delivering his biannual report on
human rights, claimed he had proof that senior officials, including
Interior Minister Vano Merabishvili, deliberately planned to use
excessive force onNovember 7, 2007. Subari demanded creation of a
parliamentary ad-hoc commission to investigate his claims.
In November 2007, the Old Tbilisi District Prosecution Office
initiated a preliminary investigation into the bodily injuries
sustained by individuals during the November 7 demonstrations. There
was no further information on the ongoing investigation by year's end.
Subari's report for January through July pointed out that the
prosecutor's office had not brought any charges against attackers. The
Ministry of Internal Affairs noted that 11 policemen were dismissed due
to inappropriate behavior during the demonstration.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right.
Authorities granted permits for registration of associations
without arbitrary restriction or discrimination. Unknown assailants
attacked members of the political opposition before and after the
January 5 presidential and May 18 parliamentary elections; opposition
members accused the Government of not earnestly attempting to identify,
arrest, and try the attackers, many of whom wore masks.
The OSCE's final report on the May 21 parliamentary elections noted
that the election campaign was conducted in a highly polarized
environment, which was compounded by reports of widespread intimidation
of opposition candidates, party activists, and state employees in many
regions. Of the numerous specific allegations the OSCE election
observation mission examined, it found several to be credible. The OSCE
examined a series of post-election-day beatings and other violence when
masked men attacked 13 opposition activists, many of whom were taking
legal action against alleged cases of election-related irregularities.
The OSCE visited seven of the 13 individuals and confirmed that they
had been attacked. It noted that some opposition leaders accused the
authorities and the ruling party of responsibility for the post-
election attacks. The public defender also issued a statement
criticizing the attacks and noting that a number of individuals who had
been attacked refused to identify themselves out of fear.
Unknown assailants also physically assaulted opposition figures at
other times during the year. For example, in June General Gia
Sehrvashidze, one of the leaders of the Christian Democratic Alliance,
was hospitalized after being attacked by four masked individuals. The
public defender's January-July report mentioned the following as
opposition supporters who were attacked, but stated the prosecutor's
office had not investigated the incidents: Mamuka Kvaratskhelia, Ramin
Abuladze, Davit Sazanishvili, Amiran Iobashvili, Nugzar Khutsurauli,
Giorgi Tavdgiridze, Giorgi Shervashidze, Boris Dzanashvili, Levan
Jgarkava, Levan Gvarjaladze, Davit Metreveli, Ioseb Bortsvadze, Zurab
Giguashvili, and Nona Sagareishvili. Criminal cases were opened into
all of the incidents and were being pursued at year's end. In one
incident, the victim refused to give testimony to law enforcement
officials on the subject matter of the case.
c. Freedom of Religion.--The constitution provides for freedom of
religion and the Government generally respected this right in practice.
The constitution recognizes the special role of the Georgian
Orthodox Church (GOC) in the country's history under its own patriarch
but stipulates the separation of church and state. A concordat
(constitutional agreement) signed by the president and the Orthodox
patriarch gives the church legal status. The concordat contains several
controversial provisions that give the patriarch legal immunity, grant
the church the exclusive right to staff the military chaplaincy, exempt
church clergymen from military service, and give the church a unique
consultative role in government, particularly in the area of education.
However, these provisions were not in force, due to lack of
implementing legislation. The tax code exempts the GOC from paying
value-added tax (VAT) for the importation of some religious items
(crosses, candles, icons, books, and calendars used exclusively for
religious purposes) but requires other religious groups to pay VAT and
file for reimbursement.
Any religious group may register as a noncommercial legal entity.
The registration application should include the name of the
organization, the place of its location, the purpose of its activities,
information on the founder(s), information on the governing body of the
organization, and the decision-making process of the governing body.
Registration is a function of the tax department under the Ministry of
Finance, which must grant or deny registration within three days of
application; a refusal may be appealed in court.
Some religious communities expressed dissatisfaction with the
status that registration provided. The Roman Catholic Church (RCC) and
the Armenian Apostolic Church (AAC) opposed registering as civil
organizations, preferring to register as religious organizations. Both
AAC and RCC asserted that they were traditionally established churches
in Georgia and registration as an association or foundation would
diminish their status. However, many other religious groups registered
under the legislation, which does not discriminate against any
religious activity. Jehovah's Witnesses, who were registered as a civil
organization, denied this was the case, stating that they paid all
taxes and had not pursued filing for reimbursement. According to Jewish
community representatives, the community imported religious items under
a humanitarian category. Generally any company which imported goods had
to pay VAT at the border but, if the imported goods were not designated
for further selling by the importer, the Ministry of Finance must
reimburse the VAT.
The separation of state schools and religious teaching further
narrowed the interpretation of the Government concordat with the
Orthodox Church on teaching Orthodoxy as an elective part of the school
curriculum. The law states that Orthodox teaching may only take place
after school hours and cannot be controlled by the school or teachers.
Outsiders, including clergy, cannot regularly attend or direct student
extracurricular activities, student clubs, or their meetings. Lay
theologians, rather than priests, led such activities. Religious
minorities broadly welcomed the change to school religious education,
although they observed along with NGOs that practice did not always
keep pace with the law. For example, implementation of the law was
flawed, especially as applied to prayer and displays of crucifixes and
other religious objects.
Public schools offered students the opportunity to take an elective
course on religion in society, which covered the history of major
religions. Parents complained teachers focused solely on the Orthodox
Church, as did the primary textbook. At midyear the Ministry of
Education suspended work on a new curriculum that was to have addressed
the public complaints. The curriculum was abandoned principally because
the group could not agree on a curriculum, and there were not enough
incentives offered to teachers who would have to teach the course.
History and geography courses introduced in upper grades provided some
coverage of world religions.
Delays in obtaining permits to build kingdom halls required
Jehovah's Witness congregations to continue meeting in private homes in
at least three localities. In May 2007, the ECHR ruled against the
Government for failing to protect the group from violent harassment in
1999.
At year's end there were five cases pending before the ECHR on the
alleged violation of rights against members of Jehovah's Witnesses,
some filed during the administration of previous governments. One of
these cases contested a 2001 Supreme Court ruling that revoked the
group's registration. However, in May 2007 the organization was
registered under the new registration law. This status allowed them to
import materials, rent venues, and conduct other transactions as a
legal entity.
The RCC and the AAC were unable to secure the return of churches
closed or given to the GOC during the Soviet period. In 2007, the
Ministry of Justice adopted plans to rely on disinterested expert
opinion for assessment of future ownership disputes, instead of a now
inactive commission that had included a GOC participant. Controversy
continued to surround the disposition of the Norashen Church, claimed
by both AAC and GOC. On November 16, Father Tariel Sikinchelashvili, a
Georgian Orthodox Priest, brought a bulldozer into the common
churchyard, which a Georgian church shared with Norashen church, to
clear the grounds of rubbish. Father Tariel claimed that the passage
was too narrow for the bulldozer to pass, so he removed, and later
replaced, several Armenian headstones in the yard. Upon seeing this,
Armenian clergy were indignant, and called this action disrespectful to
the Armenian remains buried there. At year's end, rubble still sat atop
some of the Armenian graves, as beautification efforts continued. The
Armenian president visited the Norashen church in December, and
although there was discussion of organizing a commission to resolve
outstanding church building issues, at year's end the commission had
not yet been established.
No action was taken on the return of five churches to the RCC, and
due to direction by the Vatican, the RCC stopped all litigation. RCC
was hampered in constructing new churches in Kutaisi and Akhaltsikhe.
Although the GOC has proposed the creation of a commission to study the
origins of the disputed churches, the AAC and the RCC have not heard of
a group of experts working on the ownership issues. The AAC has not
requested construction of new churches. Its main concern remains the
return of five churches in Tbilisi and one church in Akhaltsikhe.
Societal Abuses and Discrimination.--Judaism is practiced in a
number of communities throughout the country, particularly in the
largest cities, Tbilisi and Kutaisi. There were an estimated 8,000 to
10,000 Jews in the country. The Jewish community reported one incident
of anti-Semitic vandalism during the year. On April 1, an anti-Semitic
leaflet by the political movement Axali Sitkva was distributed in
Tbilisi metro stations; Tbilisi Jewish leaders saw the leaflet as an
effort to manipulate nationalist sentiment prior to the May
parliamentary elections.
According to the Jewish community, the Ministry of Economy
transferred another synagogue in Tbilisi to the Jewish community on a
25-year lease.
Despite a general tolerance toward minority religious groups
``traditional'' to the country, including Catholics, Armenian Apostolic
Christians, Jews, and Muslims, citizens remained apprehensive towards
``nontraditional'' religions, which were perceived as taking advantage
of the populace's economic hardships by gaining members through
economic assistance. Some members of the Orthodox Church and the public
viewed non-Orthodox religious groups, particularly those considered
nontraditional groups or sects, as a threat to the national church and
the country's cultural values, asserting that foreign Christian
missionaries should confine their activities to non-Christian areas.
During the year there were five attacks on religious minorities.
Police were quick to respond to incidents of abuse but slower in their
follow-up to crimes they viewed as minor ``hooliganism,'' defined as
actions that violate public order or demonstrate open contempt towards
society by using violence or threats of violence.
During the year the Government investigated several cases of
interference, threats, intimidation, or violence. The Prosecutor
General's Office elected to exercise prosecutorial discretion to
emphasize cases arising after 2003, given its limited investigative and
prosecutorial resources. Investigations prior to 2003 were scheduled to
continue where feasible, but priority was given to new cases. Religious
minority groups pointed out that this could lead to the eventual
elimination of cases that could be investigated under law predating
2003.
There were no developments reported in the investigation of two
instances of violence directed against members of the Jehovah's
Witnesses in June 2007. During the year there were 15 individual
attacks on them. In Tbilisi, unidentified persons threw rocks at the
Jehovah's Witnesses building and, on the same day, threw a bottle at
Marina Kinkladze, when the latter was cleaning the entrance of the
building. A criminal case was opened on the grounds of damage to the
Jehovah's Witnesses' property.
There were no developments reported in the investigation into the
May 2007 incident involving unidentified individuals who insulted and
physically abused Jehovah's Witnesses Davit Shermadini and David
Karamiani in Gldani, and forcibly took their Jehovah's Witnesses
literature, destroying it at the scene. At year's end the investigation
was still underway.
De facto authorities in the separatist Abkhazia and South Ossetia
regions remained outside the control of the central government, and
reliable information from those regions was difficult to obtain.
Although the ROC recognizes the GOC's authority over churches in the
separatist regions, the GOC patriarchate claimed that the ROC was
sending in priests loyal to the church patriarchate in Moscow on the
pretext of setting up indigenous Abkhaz churches.
The Russian Holy Synod passed a resolution officially recognizing
GOC jurisdiction over Abkhazia and South Ossetia during the year. On
November 4, a GOC delegation traveled to Russia at the invitation of
the Russian Orthodox Church. Talks focused on jurisdiction issues.
A 1995 decree issued by the de facto leader of Abkhazia prohibiting
Jehovah's Witnesses in the region remained in effect but was not
enforced. During the year members of Jehovah's Witnesses reported no
problems in Abkhazia, where the group had approximately 1,500 members',
but they were not conducting their services openly in Abkhazia.
Although Baptists, Lutherans, and Roman Catholics reported they were
allowed to operate in the region, the GOC reported that it was unable
to do so.
In South Ossetia, Orthodox believers were not able to conduct
services in Georgian Orthodox churches located near the villages of
Nuli, Eredvi, Monasteri, and Gera because these areas were under the
control of Ossetian de facto authorities.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the UN High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in providing
protection and assistance to IDPs, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
De facto authorities in the separatist regions of Abkhazia and
South Ossetia, and Russian troops in parts of Georgia occupied during
the August conflict, restricted freedom of movement. Checkpoints
operated by de facto militia and Russian troops often obstructed
citizens' internal movement in these regions and between these regions
and areas controlled by the Georgian government. In June, Abkhaz de
facto authorities closed the ceasefire line to all civilian vehicular
traffic.
Following the August hostilities, Russian and South Ossetian forces
occupied villages outside of the South Ossetian and Abkhazian
administrative boundaries. By October 10, Russian and irregular forces
had, for the most part, pulled back to pre-conflict positions. Major
exceptions included a Russian checkpoint outside the village of Perevi
and a significant Russian and Ossetian presence in the Akhalgori
valley. The valley, which the Georgian government had governed since
1991, is populated predominantly by ethnic Georgians. Russian forces
severely limited movement in and out of the valley; international
observers were generally unable to gain access. Ossetian authorities
reportedly exerted pressure on local residents, especially younger
ones, to accept Ossetian authority and Russian passports or leave.
On October 7, Parliament passed the Law on Occupied Territories,
which put limits on the movement of foreigners in and out of Abkhazia
and South Ossetia. It also imposed special requirements on those
conducting economic activities in the territories. At year's end, there
were no reports of any international humanitarian organizations being
unduly restricted by the law.
An Abkhaz ``citizenship'' law allows dual Russian-Abkhaz
citizenship but not dual Georgian-Abkhaz citizenship, although this law
was not strictly enforced. Abkhaz efforts to compel the acceptance of a
different (usually Russian) passport did not center on the Gali region.
Most IDPs who returned retained their Georgian citizenship. However,
ethnic Georgians living in Abkhazia were required to acquire Abkhaz
citizenship to open businesses, bank accounts, vote in elections, and
own property.
Abkhaz de facto militia conducted searches of local populations and
erected arbitrary checkpoints. Money and valuables were extorted from
ethnic Georgians accused of violating the identity document
requirements.
The law prohibits forced exile, and the Government did not employ
it.
Internally Displaced Persons (IDPs).--According to the Ministry for
Refugees and Accommodation, before the August armed conflict there were
approximately 235,000 IDPs from earlier conflicts in 1992 and 1993.
According to UNHCR, approximately 134,597 persons were displaced or
affected during the August conflict.
In South Ossetia, de facto authorities obstructed the return of
approximately 37,500 ethnic Georgians to the region following the
August conflict. South Ossetian de facto authorities insisted that IDPs
could only return to the region if they renounced Georgian citizenship,
took South Ossetian citizenship, and had not participated in the
conflict.
At year's end, 102,800 IDPs had returned to their homes in the
areas adjacent to the conflict areas, leaving approximately 30,552
persons in collective centers or with host families who were unable to
return due to the outcome of the fighting in August. At year's end the
Government had constructed or repaired 5,400 houses and flats in
Mtskheta, Shida Kartli, and Kvemo Kartli regions; 18,000 IDPS had been
assigned durable housing, and 14,000 had moved. By year's end, 1,000
IDPs had applied for cash reimbursements as an alternative to housing
assignments. Total government assistance was 242.75 million lari
(approximately $145.7 million).
In a December 16 report, the Council of Europe's Commissioner for
Human Rights, Thomas Hammarberg, expressed serious concern that despite
the international community's substantial assistance, the Government
had not provided adequate living conditions and support to a number of
those displaced by the August conflict.
Abkhaz de facto authorities continued to prevent repatriation of
the approximately 235,000 IDPs 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 40,000 IDPs, many working as seasonal laborers,
returned to the Gali region of Abkhazia, but Abkhaz de facto
authorities refused to allow the return of IDPs to other regions of
Abkhazia.
Protection of Refugees.--The law provides for the granting of
asylum and refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice, the Government provided some protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened. However, in its November report, the UN
Human Rights Committee expressed concern that current legislation did
not fully ensure respect for non-refoulement and recommended additional
legislation and procedural safeguards, training for border guards, and
a mechanism to speed referral of asylum seekers. The Government granted
refugee status and asylum.
There were approximately 1,000 registered refugees from Chechnya
settled in the Pankisi valley in the eastern part of the country.
International humanitarian organizations' assistance to refugees in the
Pankisi valley was sporadic, with UNHCR taking the lead to assist with
the integration of the remaining refugees into Georgian society. During
the year, there were no instances of refoulement.
The majority of the Chechen refugees lived with the local Kist
population; only 15 percent were sheltered in communal centers.
Stateless Persons.--According to UNHCR, there were 1,544 registered
stateless persons in the country at the end of the year, most of whom
resided in Tbilisi. Among those registered as stateless documentation
was poor. The number of registered stateless persons may include
Chechens who volunteered for repatriation to Russia but were denied
because they had never been registered in Russia and did not have
documented Georgian citizenship. This confusion was compounded by
persons who lived in the unrecognized, separatist regions.
The law allows for acquisition of citizenship by birth, including
for children of stateless individuals born on Georgian territory. For
persons born on foreign territory, the law allows the acquisition of
citizenship through a naturalization process that requires 10 years of
continuous residence in the country, demonstrated command of the
Georgian or Abkhaz languages and Georgian history, and demonstrated
permanent employment or possession of real property.
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. Beginning July 1, the Civil
Registry Agency (CRA) launched an intensive registration project in
Kvemo Kartli to register juveniles and family members who lacked
identification documents. Birth registration and identification
documents were to be issued free of cost 'enduring the year. The CRA
started with the Kvemo Kartli region because research indicated that it
had the largest number of unregistered residents.
After independence in 1991, many Roma left the country, although
several thousand reportedly remained. 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. Roma were found principally
in the Tbilisi, Kutaisi, Kobuleti, Kakheti, and Sukhumi regions. Large
numbers of Roma came from Abkhazia, from where they had migrated to
Zugdidi and Tbilisi, while additional Muslim Roma arrived from Armenia
and Azerbaijan. Internal seasonal migration was noted during the summer
to the Black Sea coast. Romani IDPs from Abkhazia were not entitled to
IDP social assistance because they had no documentation to prove their
status. CRA officials asserted that Roma with out-of-date Soviet
passports had no difficulty applying for and receiving Georgian
documents but noted that Roma were often reluctant to file official
applications for documents.
Russian recognition of Abkhazia and South Ossetia further
complicated rules concerning citizenship. Prior to August 26, a de
facto Abkhaz citizenship law did not allow dual Georgian-Abkhaz
citizenship. As a result, ethnic Georgians in the separatist region had
to relinquish their Georgian citizenship in order to vote or
participate in the political process. Many ethnic Abkhaz relinquished
Georgian citizenship to acquire Russian citizenship for political or
economic reasons, or in many instances, under pressure.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully; however, the Government's record during the year was mixed.
Controversial 2004 constitutional amendments that strengthened
presidential powers remained in force during the year. They gave the
president the ability to dismiss Parliament in two circumstances: if
the Parliament does not approve the president's cabinet nominations
after three attempts, the president can dismiss the Parliament and
appoint the prime minister and cabinet unilaterally; or if the
Parliament does not pass the budget on time, the president can approve
the budget by decree. In both instances newly elected parliaments could
not vote on the cabinet or the budget.
Elections and Political Participation.--Presidential and
parliamentary elections were held on January 5 and May 21,
respectively.
The OSCE reported that, while the early presidential election in
January was consistent with most OSCE and Council of Europe standards
and presented the first genuinely competitive post-independence
presidential election, it also revealed significant challenges. The
campaign was overshadowed by allegations of intimidation and pressure.
The distinction between state activities and the campaign of the ruling
party incumbent candidate Mikheil Saakashvili was blurred, and the
election was marred by other shortcomings in the election process, most
notably flawed vote counting, tabulation, and post-election complaints
and appeals procedures.
The May 21 parliamentary elections originally scheduled for later
in the year were brought forward following a plebiscite held
simultaneously with the January 5 presidential election. The OSCE
assessed that authorities and other political stakeholders made
significant efforts to conduct these elections in line with OSCE and
Council of Europe commitments; however, according to the OSCE, a number
of problems made this implementation uneven and incomplete. The OSCE's
final report noted shortcomings in vote counting, tabulation, and in
the handling of election complaints. The OSCE also reported widespread
allegations of intimidation and pressure on opposition activists,
public-sector employees, and others in the presidential and
parliamentary elections. There also were credible allegations that
there was pressure on businesses to contribute to ruling party election
campaigns.
Following opposition protests in November 2007, the Government
agreed to change the composition of the Central Election Commission
(CEC) to include six members appointed by opposition parties. One
member was appointed by the ruling United National Movement (UNM) and
the other six were appointed by the president and Parliament under the
previously existing procedure. The opposition also appointed members to
all precinct election commissions; however, the midlevel district
election commissions remained without opposition representation. In the
run-up to the May parliamentary elections, multiparty composition of
election administration was implemented at all levels, including the
district election commissions, and Parliament passed an amendment to
lower the threshold for party representation from 7 to 5 percent of the
parliamentary election results. Prior to this reform, the president and
Parliament appointed a new chairman of the CEC, but opposition parties
alleged that the appointee was selected in advance by the president and
that the process was therefore not consistent with the transparent
procedure provided for in the electoral code. In its final report on
the parliamentary elections, the OSCE reported flaws in the conduct of
election commissions.
In advance of the elections, the Parliament restructured the
incoming Parliament: the new Parliament consisted of 75 majoritarian
deputies elected in single-mandate constituencies and another 75
deputies elected through a proportional party-list system. As the
OSCE's final parliamentary elections report stated: ``The election
system was modified without reaching a consensus between the UNM and
opposition parties...Opposition parties had strongly opposed single-
mandate constituencies, which they saw as benefiting the UNM, given the
fragmentation of the opposition, and had favored regional proportional
constituencies.''...The Unified Election Code (UEC) ``does not require
single-mandate constituencies to be of equal or comparable size. In
these elections the number of voters in individual election districts,
which as a rule coincide with the administrative districts, ranged from
around 6,000 to over 140,000. Such large variations undermined one of
the main principles of electoral rights, namely the equality of the
vote. In amending the constitution and the UEC, Parliament did not try
to address this imbalance.''
There were no government restrictions on political party formation
beyond registration requirements; according to the Ministry of
Justice's Registration and Licensing Department, there were 189
registered political parties, of which 179 were active. However, some
members of the political opposition were subjected to beatings after
the May 21 parliamentary elections. There were reports that politically
active persons who were not members of the ruling party experienced
problems such as selective prosecution for corruption. On July 15,
Parliament passed an amendment to the election law that denied six
opposition parties state funding based on their refusal to take their
seats after the parliamentary elections. Some opposition political
members stated they were being punished by the Government for their
failure to participate in the new Parliament. On December 30,
Parliament restored political party funding to opposition parties and
endowed a foundation that will provide funding to all political parties
for research and training.
On July 8, the ECHR ruled there had been a violation of the Labor
Party's right to stand for election under protocols of the European
Convention on Human Rights in the 2004 parliamentary elections. The
ECHR called for the Government to award the Labor Party 1,043 euros
(approximately $1,460) for costs and damages. The court stated that the
exclusion of two electoral districts, Kobuleti and Khulo, from the
general election process in 2004 had failed to comply with a number of
rule-of-law requisites and resulted in what was effectively a
disfranchisement of a significant section of the population, about
60,000 voters. As of January 16, the Ministry of Finance claimed they
had paid the Labor Party this judgment via electronic transfer.
At year's end the Government had not determined the identity and
the whereabouts of the persons who in 2005 severely beat Valeri
Gelashvili, then an opposition member of Parliament. Opposition parties
alleged that the authorities retaliated against Gelashvili's criticism
of President Saakashvili and his family.
There were seven women in the 150-seat Parliament. A woman was one
of seven vice-speakers, and another woman was the chair of the
procedural committee in Parliament.
There were five members of minority groups in Parliament: two
Armenians and three Azeris. As a result of 2006 local government
reforms, the number of seats held by ethnic minorities in municipal
councils was commensurate with the ethnic population in each region of
the country. Higher-level city managers included ethnic minority
leaders among their ranks.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption. While the Government implemented
these laws effectively against low-level corruption, which decreased as
a result of high profile reforms led by the president, some NGOs
alleged that senior-level officials engaged in corruption with
impunity. The World Bank's worldwide governance indicators reflected
that corruption was a serious problem.
There was a general consensus among public officials and civil
society organizations that levels of petty corruption fell after the
2003 Rose Revolution. In spite of this, high-level corruption remained
a persistent concern, and observers considered the official
anticorruption campaign too heavily focused on prosecution as opposed
to prevention and too ad hoc rather than systemic and participatory in
nature.
A number of politically active defendants in corruption cases
alleged that they were victims of selective prosecution (See Section
1.d.).
On July 30, the Ministry of Internal Affairs' Constitutional
Security Department arrested the deputy economic development minister,
Beka Okrostsvaridze, and deputy head of the Ministry of Economic
Development's Privatization Department, Lasha Moistsrapishvili, on
charges of taking bribes. In connection with the case, Tamaz Machaladze
was arrested for bribing the officials in an attempt to purchase state-
owned land and buildings along the Rustavi-Tbilisi highway. The
investigation was still underway at year's end.
In September 2007, Mikheil Kareli, the former mayor of Shida Kartli
region, was arrested and charged with bribery and illegal business
practices. Earlier several officials from the local administration,
including Gori Governor Vasil Makharashvili, Deputy Chairman of the
City Council Nugza Papunashvili, and Gaioz Dzanadia, were reported
arrested on corruption charges. Kareli was released on bail later that
month. In November 2007, the prosecution filed four additional charges
against Kareli. Kareli failed to appear to face charges, and a warrant
was issued for his arrest. On April 29, the courts filed an indictment
to try Kareli in absentia in Gori district; the trial was ongoing at
year's end. On July 23, French authorities arrested Kareli in France,
and Georgian authorities requested his extradition to Tbilisi. At
year's end French authorities had released Kareli on his own
recognizance and were reviewing the extradition request. The press
reported that Kareli had requested political asylum.
In 2006, the Ministry of Internal Affairs opened a criminal case
that involved the company Colizeum Ltd. and Kutaisi public officials.
The ministry charged the deputy mayor of Kutaisi, the acting head of
the Service of Territorial Administration, and fifteen members of the
Kutaisi mayor's office with neglect of official duty and exceeding the
limits of official authority. All were accused of forging documents
that paid Colizeum Ltd. more than 553,392 lari (approximately $335,000)
above the actual price for reroofing damaged houses in the city. In
October 2007 all persons charged in the investigation were found
guilty, fined, and released on probation. They also were denied the
right to hold public office for three years.
In May 2007, David Kekua, the deputy head of the general inspection
department of the Ministry of Internal Affairs, was charged with
planting evidence during a high-profile murder investigation and held
in pretrial detention. In October 2007 he was found dead in his cell in
Tbilisi Prison Number 7. Observers were concerned that at year's end
the investigation into his death was still pending.
The law provides for public access to government meetings and
documents; however, the Government sometimes did not provide access.
Although the law states that a public agency shall release public
information immediately or no later than 10 days from request, the
release of requested information could be delayed indefinitely, and
requests were sometimes ignored in practice.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigations 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, while some
NGOs enjoyed close cooperation with the Government and officials were
cooperative and responsive to their views, others complained of not
having sufficient access to government officials.
The major human rights problems that caused tensions between the
Government and NGOs during the year were the mistreatment of prisoners,
inconsistency of the bail system, intimidation and use of government
resources during the presidential and parliamentary campaigns, violence
against opposition figures with no accountability, violations of rights
to property, politically motivated arrests, and lack of accountability
for the use of excessive force by the police in November 2007.
The UN and the OSCE monitored only sporadically in the separatist
conflict areas due to a lack of access, limited staff, and poor
security conditions but provided periodic findings, reports, and
recommendations. The situation became more difficult after the August
conflict, as Russian troops refused or restricted observers' entry to
South Ossetia and Abkhazia as well as to other areas of Georgia where
allegations of ethnically motivated attacks persisted.
Some NGOs continued to view the Office of the Public Defender as
the most objective of the Government's human rights bodies. Public
Defender Subari began to align himself with the opposition in the
middle of the year and participated in several rallies with them. The
constitutionally mandated office monitored human rights conditions and
investigated allegations of abuse. The office generally operated
without government interference and was considered effective, with some
exceptions. While the Government continued to fund the office, it did
not increase its funding during the year.
There were no developments reported during the year in the office
of the prosecutor's criminal investigation into Public Defender
Subari's allegation that Ministry of Internal Affairs' special
operations unit members beat and injured him when he tried to prevent
an altercation between demonstrators and unit members during the
November 2007 protests in Tbilisi.
As required by law, Public Defender Subari submitted biannual
reports to Parliament. However, his presentation to Parliament,
originally scheduled for December 2007, was postponed at least twice.
Subari maintained that authorities delayed his report because the
contents were critical of government actions against protestors in
November 2007. On July 15, Subari presented a report to Parliament that
covered 2007 and focused on the excessive use of violence by the police
against protesters in November 2007; declining freedom of the press and
respect for the right to assemble; decreased respect for rule of law
with regard to property rights; and the importance of settling disputes
between the Armenian and Georgian churches. His December 30
presentation covered the first six months of the year and focused on
similar themes but addressed perceived political persecution of
opposition candidates and allegations of electoral fraud. Subari
reiterated that the Government had still not properly investigated
beatings that occurred in 2007.
Following the January election, the public defender's office asked
the CEC for videotapes from voting precincts where observers noted
problems. Eventually, the public defender received some but not all of
the tapes he requested, and only much later following an intense public
dispute. The CEC was slow to deliver tapes, stating that it did not
have time to review hundreds of minutes of hundreds of tapes.
The public defender's authority does not include the power to
initiate prosecutions or other legal actions. The public defender
objected to Ministry of Justice regulations prohibiting the use of
cameras and recorders in the penitentiary system as an obstacle to
substantiating claims of prison abuse.
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
prosecutor general's human rights protection unit is the reporting and
monitoring arm of the legal department and has no independent
investigative powers. The human rights unit focused on curbing abuses
by law enforcement officials.
The UN human rights office in Sukhumi continued to monitor respect
for human rights in Abkhazia and to visit detention facilities in the
region. In 2007, Abkhaz de facto authorities agreed to permit a UN
human rights officer's presence and the deployment of three UN civilian
police in the Gali sector headquarters; these deployments subsequently
occurred. The OSCE human rights officer was not allowed access into
South Ossetia for monitoring after the August conflict.
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
The law prohibits discrimination based on race, gender, religion,
disability, language, or social status; however, the Government did not
always enforce these provisions effectively.
Women.--Rape is illegal, but spousal rape is not specifically
addressed by criminal law. Criminal cases of rape generally could only
be initiated following a complaint by the victim. A first-time offender
may be imprisoned for up to seven years; a repeat offender or
perpetrator against multiple victims may receive up to 10 years. If the
victim becomes pregnant, contracts HIV/AIDS, or is subjected to extreme
violence, the sentence may be increased to 15 years or, if the victim
is a minor, up to 20 years. During the year, 100 rape cases were
registered, of which 66 cases were investigated and 22 were sent to
court. 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. According
to Ministry of Internal Affairs statistics, police responded to 2,576
cases of family conflicts during the year, compared to 2,056 cases in
2007.
Domestic violence 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; however, domestic violence is not specifically
criminalized. Perpetrators of domestic violence were prosecuted under
existing criminal provisions, such as battery or rape. The law allows
victims to file immediate protective orders against abusers and police
to issue temporary restrictive orders against persons suspected of
abusing a family member. Restrictive orders were issued in 141 cases
during the year. The temporary order is approved by a court within 24
hours and becomes a protective order that prohibits the abuser from
coming within 310 feet of the victim and from using common property,
such as a residence or vehicle, for six months. The victim may ask
authorities to extend the protective order indefinitely. The Ministry
of Internal Affairs has developed the form required by law for police
to issue restrictive orders, but training for police in this area was
lacking outside of Tbilisi.
A local NGO operated a hot line and a shelter for abused women,
although services were limited due to a lack of funding and facilities.
On December 26, Presidential Decree 625 directed the establishment
of an interagency council to address domestic violence and coordinate
the activities of ministries and NGOs to combat the problem.
Kidnapping of women for marriage was not widespread. Such
kidnappings often were arranged elopements. Police rarely took action
in these cases, although the law criminalizes kidnapping. A local NGO
in the Samtskhe-Javakheti region maintained a hot line and shelter to
assist victims of attempted kidnappings, who were often rejected by
their families after escaping from the kidnapper.
Prostitution is illegal but was widespread, particularly in
Tbilisi. Several NGOs claimed that prostitution remained common due to
continuing poor economic conditions.
Sexual harassment and violence against women in the workplace were
problems. The law prohibits sexual harassment; however, the Government
did not effectively enforce the law, and complaints were rarely
investigated.
The law provides for the equality of men and women; however, in
practice this was not enforced. NGOs stated that discrimination against
women in the workplace existed but instances were never reported. The
speaker of Parliament continued to chair a Gender Equity Advisory
Council, which included members of Parliament as well as
representatives from the executive branch, the public defender's
office, and NGOs. The State Commission on Gender Equity was chaired at
the deputy state minister level and prepared recommendations on the
implementation of international agreements and conventions on gender
equity. Within the public defender's office, there is a special group
dedicated to women's and children's issues.
Women's access to the labor market improved; however, 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. As a result, many women
sought employment abroad. According to the UN Development Program,
employers frequently withheld benefits for pregnancy and childbirth.
Children.--The law provides for the protection of children's rights
and welfare, but the Government provided limited services.
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 deprived many Romani children of
access to medical and other services.
Education was officially free through high school, but in practice
a lack of resources inhibited schools' functioning and affected the
quality of education in some areas, especially in the separatist
regions of Abkhazia and South Ossetia. In some areas school facilities
were inadequate and lacked heating, libraries, and blackboards. Most
parents were obliged to pay some form of tuition to support the
schools. Many parents were unable to afford books and school supplies,
and in some cases students were forced to drop out due to an inability
or unwillingness to pay tuition. According to the Ministry of
Education, the situation in schools improved in terms of heating,
though school inventories of such supplies as blackboards remained
problematic in some schools. Approximately 55 schools were damaged
during the August conflict. IDP shelters were established in 165
schools, 169 kindergartens, and nine higher education institutions.
Some continued to be housed there, which delayed the fall opening of
schools in Tbilisi and Gori.
There were some reports of child abuse, particularly of street
children, although there was no societal pattern of such abuse.
Incidents of sexual exploitation of children, particularly girls, were
reported. Commercial sexual exploitation of children and child
pornography are punishable by up to three years' imprisonment. The
Ministry of Internal Affairs sponsored a center for the rehabilitation
of minors, which regularly provided medical and psychological
assistance to child and adolescent victims before returning them to
their guardians. Street children and children living in orphanages were
reportedly particularly vulnerable to trafficking.
Difficult economic conditions contributed to the number of street
children. During the year the NGO Save the Children estimated that
there were 1,600 street children in four major cities, of whom 800 were
in Tbilisi. The NGO Child and Environment and the Ministry of Education
each operated a shelter in Tbilisi, but the two shelters could
accommodate only a small number of street children. The Government took
little other action to assist street children. According to a 2006 UN-
sponsored report prepared by the Minnesota Advocates for Human Rights,
the Education Ministry viewed street children as a local issue that
should be addressed by municipalities, not the ministry.
There were unconfirmed reports of police violence against street
children, but the patrol police routinely transferred street children
to a 24-hour care center or orphanage. The center lacked resources for
treatment and rehabilitation of the children, many of whom were
substance abusers or suffered from mental disorders.
Ongoing conflicts in Abkhazia and South Ossetia kept thousands of
children displaced; following the August conflict with Russia, these
numbers became even more acute. Even before the conflict, the UN
Children's Fund 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.
Orphanages were unable to provide adequate food, clothing,
education, and medical care; and facilities lacked heat, water, and
electricity. Staff members reportedly often diverted for personal use
money and supplies provided to orphanages.
Trafficking in Persons.--The law prohibits trafficking in persons;
however, there were reports that women and girls were trafficked from
and within the country for commercial sexual exploitation, and labor
and men were trafficked from the country for labor.
The country was a country of origin, possibly transit, and very
rarely a destination for trafficked persons. Women were trafficked from
the country to Turkey and the United Arab Emirates to work in hotels,
bars, restaurants, or as domestic help. Many were exploited in the
adult entertainment sector or forced into prostitution. Victims most
frequently came directly from Tbilisi or the impoverished former
industrial centers of Kutaisi and Rustavi. Local NGOs reported that men
were trafficked to Russia and other destinations to work in
construction, agriculture, and other manual labor. There also was
evidence women from other countries of the former Soviet Union were
trafficked through the country to Turkey.
Children were seldom trafficking victims, although street children
and children living in orphanages were vulnerable. Conditions for
trafficked laborers and women trafficked into prostitution were
extremely poor.
Some reports indicated that IDPs were a particular target of
traffickers. Following the August conflict with Russia, there was
concern that the 30,000 newly displaced persons could be vulnerable to
trafficking; however, there was no evidence of increased trafficking
activity involving IDPs at year's end.
The Government does not have control over the separatist regions of
Abkhazia and South Ossetia and was unable to carry out investigations
into allegations of trafficking in the separatist regions of Abkhazia
and South Ossetia.
Traffickers were largely freelance domestic operators with
connections outside the country; there were also some small
international operators. They often used offers of employment from
friends and families or offers of overseas jobs from tourism or
employment agencies to lure potential victims.
The criminal code prohibits trafficking in persons for sexual
exploitation, labor, and other forms of exploitation. Trafficking in
adults is punishable by seven to 20 years in prison. Trafficking in
minors is punishable by a prison sentence of eight years to life, under
aggravated circumstances. Minors are defined as anyone under the age of
18. The code prohibits internal and external trafficking and makes no
distinction between the two.
The law provides for confiscation of assets of convicted
traffickers and member of their families if the assets were acquired
through trafficking in persons. Such assets are to be used to satisfy
the needs of the trafficking victim, with any remaining assets going to
the state. A victim can also claim civil damages from the trafficker
during the criminal proceedings. The law criminalizes the use of
services of a (statutory) trafficking victim, which is punishable by
three to 15 years' imprisonment.
As of year's end, the courts had opened 16 new criminal trafficking
investigations. During the year the courts rendered seven judgments
against 10 perpetrators; one of the cases involved trafficking in
minors. The sentences of those convicted ranged from nine to 10 years
in prison. None of the cases involved government officials or
international organization employees.
An interagency antitrafficking coordination council served as the
overall coordination mechanism for antitrafficking measures by state
agencies. National NGOs and international organizations were actively
involved in the work of the council, which met quarterly. In July 2007,
the council approved a strategy for rehabilitating and reintegrating
trafficking victims into society. The strategy was the final document
in a series providing the framework for assistance to, and protection
of, trafficking victims. The prosecutor general's office, the State
Fund, international organizations, and local NGOS jointly implemented
the strategy, which called for individual victims to receive a specific
rehabilitation plan according to their needs. The State Fund for Victim
Protection and Assistance oversees the design and implementation of
individual plans.
The Government operated shelters in Batumi and Tbilisi and a hot
line for trafficking victims. The country has a system for protecting
and providing rehabilitation opportunities for trafficking victims and
integrating them back into society.
A robust public information campaign continued into its third year,
ensuring that information about trafficking was widely available
through law enforcement agency Web sites, public service announcements,
antitrafficking television programming, and brochures at the country's
main ports of entry. In addition, local and international NGOs
continued their own initiatives to combat trafficking, including
holding seminars and public awareness events. These efforts were
supported by the other members of the interagency coordination council.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities, although in practice the problem was
a low priority for the Government. Discrimination against persons with
disabilities in employment, education, access to health care, and in
the provision of other state services was a problem, and societal
discrimination existed. The administrative code mandates access to
buildings for persons with disabilities and stipulates fines for
noncompliance. However, very few, if any, public facilities or
buildings were accessible.
The Government took some steps to address the needs of persons with
disabilities during the year. In March, the National Agency of Public
Registry of the Ministry of Justice hired six persons with disabilities
as part of a telephone consulting service that provided information
about how to apply for rights and registration. As part of the pilot
program, persons with disabilities were provided training and office
equipment that permitted them to work from home. In the same month, 40
new buses equipped with a vertical lift to assist travelers with
disabilities were added to the municipal bus fleet in Tbilisi.
According to official data for the year, the country had 160,638
persons with disabilities. Data from 2007 indicated that there were
11,024 children with disabilities in the country, although the actual
number was thought to be higher.
National/Racial/Ethnic Minorities.--The law requires that all
government officials speak Georgian, the state language, which some
minorities claimed excluded them from participating in government. Some
government materials distributed to the public were only available in
the Georgian language. Authorities asserted the Government was not
obliged to provide all official materials in minority languages.
Ballots and election materials were made available in minority
languages during presidential and parliamentary elections during the
year. In 2007, the Ministry of Education translated textbooks in
minority languages (Armenian, Azeri, and Russian) for the first,
seventh, and tenth grades. During the year textbooks were translated
for second, eighth, and eleventh grades. The textbooks were being
introduced in minority schools in minority regions and Tbilisi.
Ethnic Georgians living in the Gali region of Abkhazia had no legal
access to education in the Georgian language. In practice, teachers who
did not speak Abkhaz instructed students in Georgian. However, those
who did were often subject to harassment and prosecution by Abkhaz de
facto authorities.
In the ethnic Armenian-dominated region of Akhalkalaki, many ethnic
Armenians asserted that the Government should allow Armenian to have
provincial language status, as very few persons there spoke Georgian
and were therefore unable to conduct daily affairs in Georgian. They
also complained that the Government did not provide Georgian language
instruction. Ethnic Azeris had similar complaints in the ethnic Azeri-
dominated region of Kvemo Kartli.
On July 22, Vaagan Chakhalian and Ruben Chakhaliani, both members
of United Javakh, a local NGO that calls for autonomy for ethnic
Armenians in the country, were charged with violating public order,
resisting arrest, threatening law enforcement officers, and illegally
possessing firearms. In 2006, the men attempted to break into the
Akhalkalaki municipal building, wounding police in the process. A third
person was also at the scene; a criminal case against him was ongoing
at year's end, although he had not been officially charged or arrested.
Ethnic Armenians, Azeris, Greeks, Abkhaz, Ossetians, and Russians
usually communicated in their native languages or in Russian in the
areas where they are the dominant ethnic group. The law requires that
ethnic minority students learn Georgian as a second language, and the
Government funded over 200 primary and secondary Russian, Azeri, and
Armenian language schools for persons whose first language was not
Georgian. The Zurab Zhvania School of Public Administration based in
Kutaisi provided courses specifically for students from minority areas.
The school also facilitated integration of future public servants from
minority areas into Georgian society at large. In Tbilisi, a large
majority of ethnic minority groups communicated in Georgian in their
daily affairs.
The Government took several steps to integrate ethnic minority
communities better through Georgian language instruction, education,
involvement in political dialogue, and better overall access to
information. During the year the General Skills National Examinations
for university enrollment were provided in minority languages for the
first time. The Government increased its efforts to provide Georgian
language instruction to members of ethnic minorities serving in the
armed forces and police.
In July 2007, Parliament approved a law on the repatriation of the
Muslim Meskhetian population, a national minority group that Stalin
deported in 1944. The legislation was a response to commitments that
the country made to the Council of Europe in 1999 to provide for the
resettlement of the Meskhetians by 2011. Passage of the law allowed the
Government on January 1 to begin accepting applications for
repatriation from Meskhetians with documents that confirm their
deportation. Passage of the law came under heavy criticism from
opposition members of Parliament and the media, which pointed to the
delicate ethnic and demographic balance in areas once inhabited by
Meskhetians but which have become populated by a sizeable ethnic
Armenian community. More than 1,700 Meskhetians had filed for
repatriation by year's end. Unofficially, more than 150 returned over
the last three years, quietly settling in Akhaltsikhe and Abastumani.
On December 26, Parliament voted to extend the application period until
July 1, 2009.
Other Societal Abuses and Discrimination.--While there are no laws
that criminalize homosexual behavior, it was not widely accepted in
society.
The law expressly prohibits discrimination on the basis of HIV/AIDS
status; however, there is no penalty for violating this prohibition.
NGOs reported that social stigma resulted in individuals avoiding
testing or obtaining treatment for fear of discrimination. Some health
care providers, particularly dentists, often refused to provide
services to HIV-positive persons. Individuals often concealed their
HIV-positive status from employers for fear of losing their jobs.
Section 6. Worker Rights
a. The Right of Association.--The law allows all workers, including
government employees, to form and join independent unions of their
choice, and they did so in practice. However, the law restricts the
right of employees of law enforcement agencies and the prosecutor
general's office to form and join unions. Labor unions stated that
provisions of the labor code limit the mechanisms available for them to
exercise their rights. Labor unions' most frequent demand was for the
creation of an eight-hour workday with double pay for overtime. The
labor code stipulates an eight-hour day unless the employee and
employer agree to other arrangements. Critics asserted that this gave
too much power to employers, since there was a shortage of jobs in the
country. They also cited as unreasonable the requirement that 100
employees are needed in order to form a sectoral union.
The principal association of unions is the Georgian Trade Union
Confederation (GTUC), which represented unions in 26 sectors with over
261,750 unionized workers, according to GTUC information. There were a
few small unions for civil servants, agricultural workers, and artists,
but they did not participate in GTUC. Although many employees in large-
scale enterprises were unionized, their power was not commensurate with
their large membership. Only a minority of the members were active in
the labor movement. Critics believed that this gave management a free
hand.
The law allows unions to conduct their activities without
interference. The law provides for the right to strike; however, the
law limits the maximum length of strikes to 90 days. In general workers
exercised their right to strike in accordance with the labor code.
Employers must sanction the strikes, and strikers must provide written
notification three days in advance and a one-hour warning before the
strike. In practice, strikes were rare. GTUC asserted that the rarity
of strikes was due to restrictive rules and workers' fear of losing
their jobs.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining is recognized by law, and the law provides punishments for
those who refuse to take part in negotiations; however, the Government
did not always protect this right in practice. The ombudsman's office
noted the fact that employers were not required to provide notice to
employees in the event of termination of the labor relationship as one
of the major deficiencies of the labor code. The practice of collective
bargaining was not widespread. During the year the GTUC administered
approximately 115 collective bargaining agreements as well as three
sector-level agreements. Poor management and leadership, as well as a
general lack of familiarity with the collective bargaining process,
limited its scope.
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.
Despite this law, the GTUC and its national unions continued to report
some cases of management warning staff not to organize trade unions.
During the year GTUC alleged several instances in employers
threatened union members with dismissal for union activity. In December
2007, union members were fired from their jobs in Poti for union
activity and their union office sealed. After negotiations between the
port authorities and the union, most workers were reinstated, and the
office reopened. Eleven workers were not reinstated, and the union
filed a lawsuit, which it lost in court. There were continuing reports
that some workers complained of being intimidated or threatened by
employers, including public sector employers, for union organizing
activity. Affected workers included teachers; employees of various
mining, pipeline, and port facilities; and the Tbilisi municipal
government. According to the GTUC, there were 70 dismissals during the
year that could clearly be attributed to trade union membership. In
other cases, it was not possible to prove that the ground for dismissal
was GTUC membership, as contracts in most industries were short term
(as short as one month) and expiration of contract could be cited as
the reason for termination of employment. There were a few cases of
employers failing to transfer compulsory union dues, deducted from
wages, to union bank accounts, but the disputes were resolved after
discussions between the unions and employers.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that women and
children were trafficked from and through the country for commercial
sexual exploitation and men were trafficked for labor (See Section 5).
NGOs and trade unions objected to a provision in the labor code
that permits compulsory labor in instances of emergency and natural
disaster but does not require remuneration to persons who are
conscripted. Also, the labor code provides that an employer may change
hours of work by 90 minutes without renegotiating the terms of any
labor contact. NGOs stated that this provision would effectively
require employees to work overtime without compensation in violation of
the prohibition against compulsory labor in the constitution.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace; however, there were reports that children were sometimes
trafficked for commercial sexual exploitation.
The public defender's office noted that one of the major
deficiencies of the labor code was insufficient attention to the rights
of minors. With high unemployment resulting in a large pool of adult
workers willing to work for low wages, child labor was uncommon in the
country. The Ministry of Health, Labor, and Social Affairs is
responsible for enforcing laws regulating child labor. Although
official data was not available, child labor was not generally
considered a serious problem. In one survey conducted in 2007,
approximately 77.4 percent of working children were employed
intermittently on family farms, while 18.4 percent worked in family
enterprises.
During the year the Government, employers union, and trade union
confederation signed a long-awaited tripartite agreement, which was
seen as a positive development. The agreement, however, had yet to be
implemented at year's end.
The minimum legal age for employment is 16. In exceptional cases,
children may work with parental consent at ages 14 and 15. Children
under age 18 may not engage in unhealthy or underground work and
children ages 16 to 18 are subject to reduced working hours and are
prohibited from working at night. The labor code permits employment
agreements with persons under the age of 14 in sports, arts, and
cultural activities and for the performance of advertising services.
The Department of Social Protection in the Ministry of Health and
Social Security is charged with identifying labor violations, receiving
complaints, and determining compliance with labor laws and regulations.
The Department of Social Protection had only two office employees and
one labor inspector working on labor-related issues nationwide. It
generally responded only to job-related accidents. In addition, one
deputy minister and a special advisor to the minister focused on labor
problems. The ministry monitors adherence to accepted labor standards
and drafts proposals as necessary. The parliamentary Committee on
Health and Social Security has general oversight over labor policy and
considers labor-related proposals submitted by the ministry.
e. Acceptable Conditions of Work.--Neither the minimum wage for
public employees, 115 lari per month (approximately $70), nor the
statutory minimum wage for private sector workers, approximately 20
lari per month (approximately $12), provided a decent standard of
living for a worker and family. The minimum wage was below the average
monthly wage in both the private and the Government sectors. The
official minimum subsistence levels at year's end were 130 lari ($79)
for a single person and 230 lari ($139) for a family of four.
Unreported trade activities, assistance from family and friends, and
the sale of homegrown agricultural products often supplemented
salaries. The Ministry of Labor, Health, and Social Affairs is
responsible for enforcing the minimum wage. The GTUC had its own
inspector to monitor compliance.
The labor code provides for a 4-hour workweek and for a weekly 24-
hour rest period, unless otherwise provided by a labor contract. The
public defender's office noted inadequate attention to the rights of
pregnant women as one of the major deficiencies of the labor code. The
code does not protect pregnant women from being dismissed from work
while they are on maternity leave. The labor code provides that, unless
otherwise addressed by an employment agreement, the duration of the
business day is determined by the employer but should not exceed 41
hours a week. Break and leave are not included in the work time.
Duration of leave between workdays (shifts) should not last fewer than
12 hours. The labor code provides that to avoid natural disasters or
prevent industrial accidents or to resolve the consequences of either
event, employees must work overtime without compensation. Pregnant
women or women who have recently given birth are prohibited from
working overtime without their consent. Overtime is defined as work
that exceeds the work hours addressed in the employment agreement. If
the employment agreement does not specify business hours, then overtime
is considered to be performance exceeding 41 work-hours per week. Terms
of overtime labor are defined by the parties.
The Government set occupational health and safety standards, but
the public defender's office listed failure to ensure safe conditions
for workers as one of the major deficiencies of the labor code. The law
permits higher wages for hazardous work and provides workers the right
to remove themselves from situations that endanger health or safety
without jeopardizing their continued employment. In practice employees
rarely, if ever, took advantage of these protections.
__________
GERMANY
Germany is a constitutional parliamentary democracy with a
population of approximately 82 million. Citizens periodically choose
their representatives in free and fair multiparty elections. The head
of the federal government, the chancellor, is elected by the Bundestag
(federal parliament). The second legislative chamber, the Bundesrat
(federal council), represents the 16 states at the federal level and is
composed of members of the state governments. The Basic Law
(constitution) sets forth the powers of the chancellor and of the
legislative branch. The most recent national elections for the
Bundestag took place in 2005. Civilian authorities generally maintained
effective control of the security forces.
The Government generally respected the human rights of its
citizens. The Government limited the freedoms of speech, press,
assembly, and association for groups deemed extremist. There was
governmental and societal discrimination against some minority
religious groups. Harassment of racial minorities and foreigners, anti-
Semitic acts, violence against women, and trafficking in persons were
problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.
On March 12, the Muenster Regional Court issued judgments against
the remaining 10 defendants of the 18 military instructors on trial
since March 2007 for degrading treatment of subordinates at an army
garrison in Coesfeld in 2004. The court acquitted four defendants for
lack of evidence and sentenced five noncommissioned officers to
suspended prison terms of 10 and 22 months. The court ordered the
commander, an army captain, to pay 7,500 euros ($10,500). The public
prosecutor appealed three of the verdicts (two acquittals and one
fine).
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the Government permitted
visits by independent human rights observers; however, one reported
incident and conditions in some facilities were causes for concern.
On December 9, the Dessau regional court acquitted two police
officers of causing bodily harm with fatal consequences and involuntary
manslaughter in the death of Oury Jalloh from Sierra Leone, who died in
2005 when his cell in a Dessau police station caught fire. The public
prosecutor and the joint plaintiffs in the case appealed the decision
to the Federal Supreme Court. The appeal was pending at year's end.
In April 2007 the Council of Europe's Committee for the Prevention
of Torture (CPT) reported on its 2005 visit to the country's prisons
and detention facilities. The CPT received no allegations of recent
physical mistreatment of persons during their period of custody in
police establishments. However, the CPT reported a number of
allegations of excessive use of force by police officers. The CPT
criticized the conditions under which one prison held immigration
detainees and raised concerns about the level of violence and
intimidation among prisoners observed at three prisons. The CPT also
expressed concern about inadequate prison staffing. The Government
responded in detail to the CPT's recommendations, comments, and
requests for information in its report to the CPT in April 2007.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police and the Federal Criminal
Investigative Service. The Government has effective mechanisms to
investigate and punish abuse and corruption. No cases of impunity
involving the security forces were reported during the year.
Arrest and Detention.--Authorities may only arrest an individual on
the basis of a warrant issued by a competent judicial authority unless
the 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.
Authorities generally promptly informed detainees of charges against
them. The law entitles detainees to prompt access to an attorney. For
all offenses that proceed to trial, the law provides for all accused
persons to have access to a lawyer. If there is evidence that a suspect
might flee the country, police may detain that person for up to 24
hours pending a formal charge. To continue holding a detainee, police
must bring the detainee before a judge and the court must charge the
individual at the latest by the end of the day following the arrest.
The court must then issue an arrest warrant stating the grounds for
detention; otherwise, the court must order the individual's release.
Authorities generally respected these rights in practice.
Police may detain known or suspected criminals for brief periods
when they believe such individuals intend to participate in illegal or
unauthorized demonstrations.
Although the law does not allow courts to punish persons twice for
the same crime, it allows for ``subsequent preventive detention.'' In
cases involving rape, homicide, or manslaughter, courts may order
offenders to serve supplemental detention. Such preventive detention
requires a court finding, based on at least one expert opinion, that
the convicted person could pose a danger to the public. Such detention
may last indefinitely.
Detainees employed bail infrequently. Authorities usually released
detainees unless there was a clear risk that they might flee the
country. In such cases authorities could hold detainees for the
duration of the investigation and subsequent trial. Such decisions are
subject to judicial review, and 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.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected this
provision in practice.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. Heavy
caseloads at times delayed court proceedings. For simple or less
serious cases, procedures exist for an accelerated hearing and summary
punishment at the local court level. These procedures are limited to
cases for which the maximum sentence is not greater than one year.
Courts generally suspended one year sentences and placed the convicted
individuals on probation.
Trials are public; juries are not used. Either one judge, a panel
of professional judges, or a mixed panel of professional and lay judges
try cases, depending on the severity of the charges. The law requires
defendants to be present. Defendants have the right to consult with an
attorney in a timely manner. The Government provides an attorney at
public expense if defendants demonstrate financial need. Defendants may
confront or 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. They also enjoy a
presumption of innocence and have a right of appeal.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--An independent and
impartial judiciary in civil matters provides access to a court to
bring lawsuits seeking damages for, or cessation of, a human rights
violation. Administrative remedies for alleged wrongs are available as
well.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and authorities
generally respected these prohibitions; however, members of
organizations that were monitored by the federal (FOPC) and state
offices for the protection of the constitution (OPCs) charged that
these agencies violated their privacy. For example, in June 2007 the
Left Party caucus in Lower Saxony's parliament initiated legal
proceedings against the Lower Saxony OPC, accusing that office of
illegally observing the caucus and individual members. The case was
pending at year's end.
On January 17, the Cologne Administrative Court ruled that the
observation by the FOPC of a specific member of the Bundestag from the
Left Party since 1999 was illegitimate considering his status as
parliamentarian, his party functions, and his actual political
activities. The politician had claimed that the observation of the FOPC
impaired his work as a parliamentarian. The court pointed out that this
ruling only referred to the specific case and did not refer to the Left
Party as a whole or parliamentarians in general.
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 suspicion of
involvement in terrorism, the law permits intelligence services to
engage in surveillance activities, such as monitoring
telecommunications, without court approval; however, an independent
commission elected by a parliamentary control body has to approve such
activities.
On February 27, the German Constitutional Court declared
unconstitutional parts of a law that had been introduced in the state
of North Rhine-Westphalia in 2006 allowing security officials to carry
out online searches of computers in serious criminal and terrorism
investigations. The court ruled that such searches interfere with an
individual's personal freedoms pursuant to the constitution and are
therefore only permitted for compelling reasons, such as actual threats
to life or liberty or to the foundation of the state. Furthermore, the
court ruled that legal safeguards must exist that protect the ``core
areas of private life.''
On November 6, the Constitutional Court further limited the
Government use of saved telecommunications data. In an interim decision
against the January law, the court ruled that data can be transmitted
only from telecommunication companies to the police if required to
prevent an immediate threat to life or serious injury, to a person's
freedom, or to the security of the country. The court's final decision
on more detailed criteria for data filing was still pending at year's
end.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; while the Government generally respected these
rights, it imposed limits aimed at groups deemed extremist.
Distribution of the propaganda of proscribed organizations is
illegal, as are statements inciting racial hatred, endorsing Nazism,
and denying the Holocaust.
On October 8, the trial of a prominent member of the right-wing
extremist National Democratic Party (NPD), Horst Mahler, began in the
Potsdam regional court for incitement of hatred and was ongoing at
year's end. During the ongoing trial, he repeatedly denied the
Holocaust-a criminal offense in Germany.
On April 28, a regional court in Erding convicted Mahler of
incitement and denial of the Holocaust and sentenced him to 10 months
in prison. In a November 2007 interview with Michel Friedman, former
vice president of the Central Council of Jews in Germany, Mahler had
greeted him with ``Heil Hitler, Herr Friedman.'' The court used this
affront, among others, as the basis for its ruling.
On July 21, the Cottbus Regional Court sentenced Mahler in an
appeals procedure to eleven months in prison for displaying the Hitler
greeting at the start of his 2006 custody. For this offense he received
a prison sentence of seven months.
Apart from these limitations, an active independent media expressed
a wide variety of views without government restriction.
Internet Freedom.--Access to the Internet was widely available and
unrestricted in most respects, and most individuals and groups could
engage in the peaceful expression of views via the Internet, including
by e mail, with some limitations on access and expression.
Federal and state laws permitted OPCs to monitor the private e
mails and chat rooms of individuals and groups under 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.
Access to the Internet was widely available.
Academic Freedom and Cultural Events.--There were few government
restrictions on academic or cultural events; however, the law bans Nazi
propaganda, material denying the Holocaust, and pornography.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
generally respected this right in practice. However, the Government
prevented certain prohibited organizations from holding public
assemblies.
Permits must be obtained for open air public rallies and marches,
and state and local officials have authority to deny permits when
public safety concerns arise or when the applicant is a prohibited
organization. Denials were rare but did occur.
On June 25, the Federal Administrative Court upheld the ban on a
march in Wunsiedel in 2005 commemorating the death of Rudolf Hess,
former deputy to Adolf Hitler.
On October 1, Bavaria enacted a law prohibiting right-wing
extremists from gathering or demonstrating on certain historic dates or
in certain places of historic significance, such as concentration camp
memorials.
Freedom of Association.--The law provides for freedom of
association, and the Government generally respected this right in
practice; however, the law permits the prohibition of organizations
whose activities have been judged illegal or opposed to the
constitutional democratic order. While the Federal Constitutional Court
is the only body that may prohibit political parties on these grounds,
federal or state governments may prohibit or restrict other
organizations, including groups that authorities classified as
extremist or criminal in nature; organizations have the right to appeal
prohibition or restrictions.
On January 8, the trial of one member of an elite police unit began
in a Frankfurt court. Authorities began an investigation of three men
for alleged neo-Nazi affiliations in March 2007 but only brought one of
the men to trial. He was accused of treason, possession of an illegal
weapon, and posing for a picture in an SS uniform, then signing the
picture ``Adolf Hitler.'' The trial lasted only one session before the
case was dismissed.
On May 7, the Interior Ministry banned the right-wing extremist
organization ``Collegium Humanum (CH),'' including its branch
organization ``Bauernhilfe e.V.'' (Farmers' Aid), as well as an
organization called ``Verein zur Rehabilitierung der wegen Bestreiten
des Holocausts Verfolgten'' (Association for Rehabilitation of Those
Persecuted for Denying the Holocaust). In connection with the ban, the
police searched approximately 30 locations of the organization
nationwide (with a focus on North Rhine-Westphalia, Lower Saxony, and
Hesse) and confiscated material. The Ministry of the Interior banned
the associations for opposing the constitutional order of the country,
disseminating anti-Semitic propaganda, glorifying the Nazi
dictatorship, and continually denying the Holocaust.
On October 9, the federal interior minister initiated police
searches in 14 federal states (out of the 16) of some 100 offices and
apartments used by the right-wing extremist youth organization
``Heimattreue Deutsche Jugend'' (HDJ). According to press reports, the
search provided evidence that the group is a successor organization of
the so-called ``Wiking Jugend,'' which authorities banned in 1994.
On August 6, the Dresden District Court sentenced the two leaders
of Sturm 34, captured in an April 2007 raid, to three and three-and-a-
half years in prison, respectively, for a series of assaults in Saxony.
However, the court acquitted five others on charges of forming a
criminal organization. The prosecuting authorities appealed this
acquittal. The trial of 10 other individuals connected to Sturm 34
began on October 1 and was ongoing at year's end.
Federal and state OPCs responsible for examining possible threats
to the constitutional democratic system monitored several hundred
organizations. Monitoring generally consisted of collecting information
from written materials and firsthand accounts; however, OPCs could
employ more intrusive methods, including the use of undercover agents
who were subject to legal checks. OPCs published lists of monitored
organizations, including left-wing political parties.
Although the law stipulates that OPC monitoring 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. For example, in North Rhine-Westphalia, Pro-
Koeln, a citizen's group known for its opposition to the construction
of a mosque in the city of Cologne, frequently challenged the
publication of its name in the annual North Rhine-Westphalia OPC report
as evidence of prejudice.
c. Freedom of Religion.--The Basic Law provides for freedom of
religion, and the Government respected this right in practice with some
exceptions; however, discrimination against certain religious
minorities remained a problem.
Religion and State are separate, although historically a special
partnership exists between the State and those religious communities
that have the status of a ``corporation under public law.'' If they
fulfill certain requirements, including assurance of permanence and
size of the organization, and do not demonstrate disloyalty to the
State, religious organizations may request ``public law corporation''
(PLC) status, which, among other things, entitles them to levy taxes on
their members, which the State then collects as part of the overall
taxes. Organizations pay a fee to the Government for this service, and
not all PLCs availed themselves of this privilege. The decision to
grant PLC status is made at the state level, and there have been cases
where states have denied this status to an applicant. For example, to
date, only the State of Berlin has granted the Jehovah's Witnesses PLC
status.
While the federal government has encouraged the states to grant PLC
status to Muslim communities, the federal government preferred that the
Muslim community designate a single organization with which federal and
state authorities can negotiate. To date few Muslim organizations have
applied for PLC status. In some cases intra Muslim disputes prevented
organizations from establishing their right to represent that
community.
The Muslim Coordination Council, a coalition of the four largest
Muslim religious organizations in the country, was in the process of
registering as a PLC at year's end despite government reservations that
the organization represented only 10 to 15 percent of the Muslim
population.
The states of Baden-Wuerttemberg, Bavaria, Berlin, Bremen, Hesse,
Lower Saxony, North Rhine-Westphalia, and Saarland prohibit teachers in
public schools, but not civil servants in general, from wearing
headscarves. The courts have consistently rejected legal challenges to
the prohibition.
The Government continued to deny recognition of some belief
systems, including Scientology, as religions; however, the absence of
recognition did not prevent their adherents from engaging in public and
private religious activities.
Federal and some state authorities continued to classify
Scientology as a potential threat to democratic order, resulting in
discrimination against Scientologists in both the public and private
sectors. Scientology members reported the use of so-called ``sect
filters'' by many associations and organizations, where eligibility for
membership is contingent upon applicants confirming that they do not
belong to the Church of Scientology. On June 27, the Hamburg
Administrative Court fined the city of Hamburg 5,000 Euros ($7,000) for
violating a 2006 court decision banning the use of ``sect filters.''
The Hamburg Interior Ministry's Working Group on Scientology continued
to maintain links to sample filters for use by businesses.
The FOPC and the state-level OPCs in Baden-Wuerttemberg, Bavaria,
Berlin, Bremen, Hamburg, and Lower Saxony kept the Church of
Scientology under ``observation'' (surveillance) based on a stated
concern that its teachings and practices contravene the democratic
constitutional order or violate human rights. The courts have
considered but rejected cases brought by the Church of Scientology to
force the federal- and state-level domestic intelligence agencies to
halt surveillance of the church.
On November 21, the conference of state interior ministers decided
not to consider a ban of the Church of Scientology, citing insufficient
legal evidence to support such an approach. Nonetheless, in its report
the ministers concluded that Scientology had little in common with the
country's democratic constitution and that its goals were
``incompatible with the essential characteristics of a free and
democratic basic order.'' Therefore, the FOPC also recommended
continued observation of the organization's activities.
Scientologists continued to report instances of official and
societal discrimination during the year.
In September the Hamburg Interior Ministry's Working Group on
Scientology hosted a seminar critical of Scientology entitled ``That is
Scientology! Reports from the U.S.A.'' for an audience that included
representatives of state ministries of interior, education, and social
affairs as well as participants from Belgium and France.
Some religious groups expressed opposition to the Government's
prohibition of home schooling. During the year local authorities
brought criminal charges against some parents who refused to enroll
their children in government-licensed schools for religious reasons. In
a December case, a Saxony court dropped neglect charges against the
Brause family after the children passed government-administered written
examinations. State authorities generally permitted groups to establish
private schools so long as such schools met basic curriculum
requirements.
Societal Abuses and Discrimination.--There were reports of
continuing societal discrimination and hostility toward some minority
religious groups, including anti-Semitic acts; the Government took
measures during the year to address these problems. The federal
government also promoted tolerance by establishing regular dialogues on
the integration of minorities and immigrants and on Islamic issues
between cabinet-level officials and representatives of immigrant and
Muslim groups. For example, the launch of the German Islam Conference
in 2006 established for the first time a nationwide action framework
for the fostering of relations between the State and Muslims. In 2007
the federal government adopted the National Integration Plan with 750
million euros ($1 billion) of funding to promote integration. On
November 4, the Bundestag adopted a resolution pledging to fight anti-
Semitism and support the continued revival and protection of Jewish
life in Germany. The resolution also tasked an experts group to report
regularly on anti-Semitism in Germany and to make recommendations for
combating anti-Semitism.
According to preliminary figures provided by the Federal Interior
Ministry, there were 797 anti-Semitic offenses from January through
September.
On November 2, two men shouted anti-Semitic comments at a rabbi and
eight students traveling with him in Berlin and threw an object at
their van. The perpetrators confessed and were awaiting further action
at year's end.
On January 16, a group of four men unleashed a dog on a group of
five Jewish teenagers on their way home from a Jewish high school in
Berlin and taunted them with anti-Semitic slurs. The dog chased one 15-
year-old student into a bakery.
The most widespread anti-Semitic acts were the desecration of
Jewish cemeteries. On November 17, according to police reports, a
passerby discovered the desecration of a Jewish cemetery in Gotha where
an unknown perpetrator left a pig's head and a cloth with the words ``6
million lies,'' provoking outrage and strong condemnation from local
and national politicians. Jewish cemeteries and other monuments were
also desecrated with graffiti, including swastikas. From July 1 through
year's end, vandals desecrated Jewish cemeteries and places of worship
in various locations, including the following cities: Altengronau,
Berlin, Cottbus, Elmshorn, Erfurt, Guestrow, Perleberg, Westerstede,
and Weyhers.
On August 22, vandals painted 11 swastikas on Germany's central
memorial to the six million Jewish victims of the Holocaust. The
vandalism came a week after vandals damaged a nearby memorial to gay
victims of the Nazis.
The activities of right wing extremist organizations whose
platforms include anti-Semitism continued to be a concern. The
Government monitored right wing extremists, conducted investigations
into anti Semitic crimes, and at times banned extremist groups deemed a
threat to public order. Authorities sought to address right wing
extremism by conducting a variety of education programs to promote
tolerance, many focusing on anti Semitism. For example, from 2001 to
2006 a total of 4,470 preventive and educational prototype measures and
projects were promoted, primarily in the sphere of information, with
total funding of 192 million euros ($270 million).
On September 19, an estimated 3,000 left-wing activists protested
an anti-Islamification rally by the right-wing group Pro-Koeln in the
city of Cologne. Police stated that the left-wing protesters threw
stones at officers and in some cases tried to steal police weapons.
Pro-Koeln filed suit against the Cologne law enforcement authorities
for banning the rally. The suit was pending at year's end.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government generally provided protection
against the expulsion or return of refugees to countries where their
lives or freedom would be threatened.
Although the Government processes refugee and asylum cases
according to existing law, the approval rate was very low. From January
through November, authorities processed 19,049 asylum applications.
Authorities granted 6,605 persons (34.7 percent) refugee protection
under the Geneva Convention. Of these, 214 persons (1.1 percent) were
granted asylum under the German constitution, and 6,391 (33.6 percent)
received refugee protection under article 3 of the law on asylum
procedures. In addition, the authorities granted 488 persons (2.6
percent) temporary suspension of expulsion due to the situation in
their countries of origin or based on other humanitarian grounds. The
country rejected 6,182 applications (32.4 percent), and ``resolved
otherwise'' (e.g. procedures were closed or applications withdrawn)
another 5,774 applications (30.3 percent). All cases in which asylum
was granted must be reviewed after three years to determine whether the
grounds for asylum still apply.
According to the Basic Law, individuals who attempted to enter the
country through a ``safe country of transit''-a member state of the
European Union (EU) or a country adhering to the 1951 UN Convention-
were ineligible for asylum and could be turned back at the border or,
if they had entered the country, returned to that safe country of
transit.
As a rule individuals whose applications for asylum the Government
rejected have up to two weeks to appeal the decision. If the Government
rejects an application as unfounded, the asylee must lodge an appeal
within one week. In the latter case, the appeal has no suspensive
effect. The Government processes the applications of individuals who
asked for asylum at an international airport and whom authorities found
to have come from a safe country of origin prior to their entry into
the country. The same applies to applicants without any passport or
without a valid passport. In these cases the law requires the Federal
Office for Migration and Refugees either to make a decision on an
asylum application within 48 hours or to allow the person to enter the
country. An applicant has three days to appeal a negative decision to
an administrative court. The law requires the court to rule within 14
days or allow the individual to enter the country.
Local nongovernmental organizations (NGOs) continued to criticize
these periods of time as insufficient to allow applicants to prepare
for hearings. In the case of a final rejection of a claim, authorities
did not allow the individual to enter the country, and he or she had to
stay at the airport reception center until departure. If it is not
possible to return the individual within 30 days after arrival, the law
requires a judicial order in order to keep the individual at the
airport in the transit zone. The federal government does not maintain
statistics about detentions in airport facilities.
To deal with particularly difficult cases, all federal states have
formed ``commissions on hardship cases,'' composed inter alia of
representatives from churches, charity organizations, and municipal
organizations, that could recommend to the authorities to grant
rejected asylum seekers permission to remain in the country on an
individual basis.
Societal discrimination against, and abuse of, refugees and asylum
seekers occurred.
On June 30, the regional court in Halle sentenced four young men to
prison sentences ranging from three years and nine months to five years
and four months for a January 2007 arson attack against an asylum home
in Sangershausen. The court sentenced a young woman, who was also
involved and was a minor at the time, to two years' probation.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The Basic Law provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
Elections and Political Participation.--Elections for seats in the
Bundestag were most recently held in 2005; they were considered free
and fair. Political parties operate without restriction or outside
interference unless they are deemed a threat to the federal
constitution.
The federal chancellor is a woman, and there were 197 women in the
612 seat Bundestag. There were five women, in addition to the
chancellor, in the 15 member cabinet; three of the 16 judges of the
Federal Constitutional Court were women.
There were at least eight members of ethnic minorities in the
Bundestag and one on the Federal Constitutional Court, but none in the
cabinet.
Government Corruption and Transparency.--There were isolated
reports of government corruption. Parliamentarians are subject to
financial disclosure laws that require them to publish earnings made in
outside employment. State prosecutors generally are responsible for
investigating corruption cases.
Federal law provides for public access to government information.
Four states (Berlin, Brandenburg, Schleswig Holstein, and North Rhine
Westphalia) also have freedom of information laws that provide an
appeals process.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of international and domestic human rights groups
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were very
cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits the denial of access to housing, health care, or
education on the basis of race, gender, disability, language, or social
status, and the Government generally enforced these provisions in
practice. Nonetheless, violence against women and children, trafficking
in persons, and harassment of racial and religious minorities and
foreigners were problems.
The law prohibits discrimination on the basis of ethnicity,
religious affiliation, age, sex, handicap, or sexual orientation.
Women.--The law criminalizes rape, including spousal rape, and
provides penalties of up to 15 years in prison. The Government
effectively enforced the law. According to national police criminal
statistics, there were 7,511 cases of rape or serious sexual coercion
in 2007. The federal government supported numerous projects in
conjunction with the states and NGOs to deal with violence against
women, both to prevent violence and to give victims greater access to
medical care and legal assistance.
The law prohibits violence against women, including spousal abuse;
the law may temporarily deny perpetrators access to the household, put
them under a restraining order, or in severe cases prosecute them for
assault or rape and require them to pay damages. The law did not
require a civil court decision for a temporary denial. The Government
enforced the law; nevertheless, authorities believed that violence
against women was widespread. Organizations that aid victims estimated
that one in four to one in five women has been a victim of physical or
sexual violence.
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 in the country, 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 husband (or wife) from abroad
as well as women sent by their families to other countries to marry
against their will.
``Hatun und Can Frauennothilfe,'' a Berlin voluntary NGO assisting
women threatened by forced marriages, reported that during the year
approximately 2,000 women approached them anonymously to seek help in
life-threatening situations. The organization provides advice, physical
shelter, and financial support.
On June 18, the Baden Wuerttemberg Ministries for Education and
Social Affairs began implementing several programs to combat forced
marriage in the Muslim community. In addition the state government
continued to discuss the issue with representatives of Muslim
organizations. The city-state of Hamburg also initiated action programs
to combat forced marriages, inform the immigrant community, and provide
support for potential victims.
On December 16, the Hamburg Higher Regional Court opened
proceedings against a 24-year-old Afghan national, who was charged with
murdering his 16-year-old sister on May 15 in an honor killing. The
defendant stated that his sister had turned away from her family in his
view, had been dressed inappropriately in public, and that he believed
she had worked as a prostitute. The case was tied to two other pending
criminal cases against the defendant for harassment, grievous bodily
harm, and battery against his sister.
Prostitution is legal and fairly widespread, although communities
have the authority to exclude it from specified areas, such as
residential neighborhoods. There is a legal framework for improving the
legal and social situation of persons engaged in prostitution that
gives them the right to enforce contracts and to apply for health
insurance and other social benefits. Such persons rarely used the
provisions of the law.
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 is available, including dismissal. The law considers an
employer's failure to take measures to protect employees from sexual
harassment 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. 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.
The law provides women the same rights as men. The Federal Ministry
for Family, the Elderly, Women, and Youth was the primary federal
agency maintaining oversight of women's rights issues. The law provides
for equal pay for equal work. Employers generally did not discriminate
against women in terms of compensation for equivalent work, although
they were underrepresented in well paid managerial positions and
overrepresented in some lower wage occupations. In 2007 women earned an
estimated 22 percent less than men for the same work, largely
attributable to the fact that more women in the country tended to be
part-time workers.
Children.--The Government maintained its strong commitment to
children's rights and welfare.
There were no developments in the 2007 European Parliament
investigation of reports that authorities discriminated against non
German parents in cases where partners in mixed marriages separated by
not allowing those parents to have contact with their children. Youth
welfare officers allegedly interrupted conversations between children
and parents and threatened to halt contact between them if they
attempted to converse in a language not understood by the supervisor.
On August 22, Bavarian police concluded the investigation of a ring
of child pornographers involving almost 1,000 suspects in the country
and links to 98 countries. Authorities searched several thousand
computers and confiscated videos in the course of raids. Legal
proceedings were continuing and a number of court judgments were
issued, including an eight-year prison sentence for a man who sexually
abused his own child. Other perpetrators received prison sentences of
up to 15 months or fines for possession of child pornography.
According to the Federal Criminal Office (FCO), there were 15,935
incidents of sexual abuse against children (up to 14 years of age) in
2007 compared with 15,996 incidents in 2006. Between 2006 and 2007, the
number of cases involving the ownership, procurement, and distribution
of child pornography (photographs and videos) increased by 55 per cent.
In 2007 the national police investigated 11,357 cases whereas in 2006
there were 7,318 cases.
The country was not a destination for child sex tourism.
The Coalition for Street Children (Buendnis fuer Strassenkinder)
estimated that there were up to 9,000 street children in the country
during the year. Authorities believed that these children were often
subjected to violence and abuse and frequently were fleeing violent and
abusive homes. Street children frequently turned to prostitution for
income.
Trafficking in Persons.--The Criminal Code prohibits all forms of
trafficking in persons; however, there were reports that persons were
trafficked to, from, through and within the country.
The country was a transit point and destination for men and women
trafficked for the purposes of commercial sexual exploitation, and, to
a lesser extent, forced labor. The largest number of sex trafficking
victims came from the country and were trafficked within the country.
Victims of sex trafficking also came from Central and Eastern Europe,
although authorities also identified African and Asian victims.
Law enforcement authorities recorded 689 victims trafficked for
sexual exploitation in 2007 compared to 775 in 2006. Most victims (419)
were between the ages of 18 and 24; 184 were nationals of the country.
Approximately 12 percent were under the age of 18, including 39
citizens. One percent (seven) were under 14 years of age. In 2007 the
FCO registered 92 labor trafficking investigations pursuant to Section
233 of the Criminal Code compared to 78 in 2006. Out of 71 suspected
traffickers, 40 were men, and 59 percent were not of local citizenship.
The FCO registered 101 victims of labor trafficking in 2007 compared to
83 in 2006. Of those, 39 victims were male and 62 were female.
The FCO reported 714 suspected traffickers in 2007. Local citizens
made up 344, or 48 percent, of the total.
The law criminalizes trafficking in persons and provides penalties
of up to 10 years in prison. Courts prosecute trafficking cases at the
state level.
Courts convicted 150 traffickers in 2006, including six processed
in the juvenile justice system, compared with 136 adult and nine
juvenile traffickers in 2005. The statistics did not include
convictions of alleged traffickers on nontrafficking charges or
convictions of traffickers on multiple charges where another charge
carried a higher maximum penalty than the maximum penalty for
trafficking. Courts sentenced 49 of the 150 adults convicted in 2006 to
prison sentences that were not suspended. Courts generally convicted
those receiving suspended sentences of playing an auxiliary role in
trafficking operations and subsequently required them to perform
community service, pay penalties, and, in many cases, meet regularly
with a parole officer.
The antitrafficking office of the FCO cooperated with Europol and
Interpol law enforcement authorities. Federal ministries coordinated
antitrafficking efforts on the international, national, and state
levels.
In September the Federal Court of Justice confirmed the April 2007
Hamburg District Court verdict against a trafficker who received a
suspended sentence of one year and 10 months for trafficking and
exploitative pimping. Prosecutors accused the ringleader and nine
codefendants of controlling 198 prostitutes in Hamburg's red light
district.
On September 16, Hamburg police raided 12 apartments, three
companies, a bar, and a safe deposit box as part of a nine- month
investigation of 14 men they claimed were trafficking underaged boys
from Bulgaria to Hamburg for pornography and sexual exploitation.
Officers confiscated computers and DVDs during the raid and arrested
one of the suspects. On September 15, police took another suspect into
custody for committing child sexual exploitation.
On July 2, the Verden Regional Court sentenced two local men to 14
years and 12 and one half years respectively for trafficking in
persons, forced prostitution, kidnapping and rape. Both must also pay
their five female victims 150,000 euros ($211,460). The victims were
German and Bulgarian and all were resident in the country. The culprits
lured the women-who had sought jobs as baby sitters, nannies and
cleaning personnel-under false pretenses and then used violence to
abduct them.
On the basis of cooperation agreements between law enforcement
offices and NGOs, police notify a counseling center of trafficking
victims and inform victims of their rights and options for seeking
assistance. The centers provided shelter, counseling, interpreting
services, and legal assistance.
In 12 of the 16 federal states, there were cooperation agreements
between police, state welfare agencies, and NGOs to strengthen the
delivery of welfare services to victims. The federal and state
governments worked with NGOs and local women's shelters to identify and
assist victims of sex and labor trafficking, with the states
contributing to funding more than 30 NGO counseling centers for
trafficking victims.
The Government paid the basic cost of repatriating trafficking
victims. The International Organization for Migration administered and
facilitated assistance to returning victims.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law requires that the Federal
Government Commissioner for Matters relating to Disabled Persons be the
principal contact person in all matters related to persons with
disabilities and be specifically responsible for protecting the rights
of persons with disabilities. In addition the Ministry of Labor and
Social Affairs, the Ministry for Family Affairs, Senior Citizens, Women
and Youth, and the Ministry of Transportation, Construction and Housing
have responsibility for addressing the needs of persons with
disabilities.
The law prohibits discrimination against persons with physical or
mental disabilities in employment, education, access to health care,
and the provision of other state services, and the Government
effectively enforced these provisions.
Government guidelines were in place for barrier free public
buildings and for modifications of streets and pedestrian traffic walks
to accommodate persons with disabilities. All 16 states have
incorporated the federal guidelines into their building codes. Almost
all federal buildings (98 percent) complied with the guidelines for a
barrier free environment.
National/Racial/Ethnic Minorities.--Harassment, including beatings,
of foreigners and racial minorities remained a frequent problem
throughout the country.
On January 2, police in Braunschweig arrested two men and charged
them with a brutal, racially motivated attack on two young Syrians. The
police described the two suspects as active in a local hooligan gang,
but stated they were not politically neo-Nazis. The investigation was
ongoing at year's end.
Hamburg's Minister of Justice and the city district director met
with Reeperbahn club owners on October 27 to discuss discriminatory
practices by doormen. At the beginning of September Awol Allo, a young
Ethiopian human rights lawyer participating in the International
Tribunal for the Law of the Sea's summer program, claimed that doormen
at the popular Reeperbahn clubs and discos denied him entry because of
his skin color. Club owners claim that there are only isolated cases of
discrimination and that their doormen attempt to keep the bars safe.
There were no developments in the March 2007 cases in which unknown
persons vandalized four immigrant owned stores in Rheinsberg, and two
unidentified persons physically attacked and shouted racial epithets at
two asylum seekers from Chad and Cameroon in Cottbus.
There was no further information on the continuing investigation
into the October 2007 case involving the verbal harassment and beating
of an African-American in Berlin Spandau in which the police arrested
four juvenile male attackers.
The state district attorney continued to investigate seven persons
involved in the August 2007 case in Muegeln in which 40 to 50 young
persons took part in a fight with eight residents from India. The
altercation developed into a riot with significant injuries, property
damage, and several convictions.
There were no developments in the December 2007 case in which three
men of European appearance allegedly attacked a 47-year-old Jordanian,
beating and castigating him for being either a Jew or an Arab,
according to press reports.
There was no further information on the continuing investigation
into the December 2007 attack against several Iraqis in Magdeburg while
traveling on a bus. The state prosecutor was still investigating three
suspects at year's end.
The FCO defines politically motivated crimes as offenses related to
the victims' ideology, nationality, ethnicity, race, skin color,
religion, worldview, ancestry, sexual orientation, disability status,
appearance, or social status. The FOPC report listed 180 right wing
extremist organizations and groups. Authorities estimated membership in
these groups, plus right wing extremists who were unorganized, to be
31,000 at the end of 2007. In 2007 the FOPC recorded 17,176 right wing
``politically motivated crimes'' (PMCs) with an extremist background, a
decrease of 2.4 percent from 17,597 incidents in 2006. Of these
offenses, 980 were violent, compared with 1,047 in 2006, a decrease of
6.4 percent. Approximately 414 (484 in 2006), or 42.2 percent, of the
right-wing violent offenses had an extremist and xenophobic background,
while perpetrators directed 294, or 30 percent, against (alleged) left
wing extremists (2006: 302, or 28.8 percent). Left wing groups
committed 2,765 PMCs, foreigners committed 747 PMCs, and there were 121
other types of PMCs with extremist backgrounds.
To address right wing extremism, authorities at all levels of
government conducted a variety of educational programs to promote
tolerance, many focusing on anti Semitism and xenophobia. Government
agencies cooperated with NGOs in the formulation and administration of
these programs. Following the 2007 attack on eight Indians in Muegeln,
the federal government announced that it would increase funding for
programs to combat right wing extremism by 5 million euros ($7
million), in addition to a comparable increase in October 2006.
Other Societal Abuses and Discrimination.--Media and other reports
indicated that societal and job related discrimination against
homosexuals occurred, although such instances were rare. National
criminal statistics do not include a category of hate crimes against
homosexuals. However, in Berlin the police registered an increase in
antihomosexual hate crimes, with 43 cases reported in 2007, compared
with 28 in 2006.
At year's end a Magdeburg court continued to try four right-wing
extremists accused of a 2006 attack in Halberstadt on a group of actors
still costumed from their performance of The Rocky Horror Picture Show.
There was discrimination against persons with HIV/AIDS. The
Government worked with NGOs, religious groups, and business to educate
the public about HIV/AIDS and its prevention.
Section 6. Worker Rights
a. The Right of Association.--The Basic Law provides for the right
of employees to form and join unions of their choice without excessive
requirements or previous authorization, and workers exercised this
right. Approximately 22 percent of the workforce was organized into
unions. The overwhelming majority of organized workers belonged to
eight unions largely grouped by industry or service sector and
affiliated with the German Trade Union Federation, the country's main
trade union umbrella organization. The law permits unions to conduct
their activities without interference, and the Government generally
protected this right in practice.
b. The Right to Organize and Bargain Collectively.--The law
protects the right to collective bargaining, and the Government
generally protected this right in practice. Collective bargaining
agreements covered approximately 63 percent of the labor force. The law
provides for the right to strike for all workers except civil servants
(including teachers) and personnel in sensitive or essential positions,
such as members of the armed forces. Workers not allowed to strike also
had legal recourse through the courts to protect their rights.
Collective bargaining agreements reached with those public service
workers who had this right were usually extended by legislation to
those who did not, although such extensions did not always include all
of the provisions of those agreements.
Antiunion discrimination and other forms of employer interference
in union functions did not occur.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that men, women, and children were trafficked for sexual
exploitation. Incidents of labor exploitation occurred mainly in
restaurants against illegal residents working there and against
domestic household workers.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There is comprehensive legislation to protect children from
exploitation in the workplace and the Government enforced these laws.
The law prohibits the employment of children under the age of 15, with
a few exceptions. Children who are 13 or 14 years of age may do farm
work for up to three hours per day or may deliver newspapers for up to
two hours per day, while children who are three to 14 years of age may
take part in cultural performances under stringent curbs on the kinds
of activity, number of hours, and times of day. Abusive child labor was
not a serious problem, although violations did occur, mainly in small,
often family owned, businesses such as pubs, restaurants, and grocery
stores.
The Federal Ministry of Labor and Social Affairs effectively
enforced the law through its Factory Inspection Bureau.
e. Acceptable Conditions of Work.--The country does not have a
minimum wage except for construction workers, electrical workers,
janitors, roofers, painters, and letter carriers. In July the cabinet
agreed after extensive political debate to introduce minimum wage
regulations in more sectors of the labor market, but ruled out
introduction of a universal minimum wage. Covering an estimated 60
percent of all wage and salary-earners, the collective bargaining
agreements set minimum pay rates and are enforceable by law. Individual
contracts or company-level contracts negotiated by worker
representatives who are not necessarily members of unions covered the
remaining 40 percent.
Federal regulations limited the workweek to 48 hours, but
collective bargaining agreements may stipulate lower maximums.
Contracts that directly or indirectly affected 80 percent of the
working population regulate the number of hours of work per week.
According to the European Labor Force Survey, an average employee's
working week was 30.4 hours for women and 40.9 hours for men in 2007;
rest periods for lunch were accepted practices. Provisions for
overtime, holiday, and weekend pay varied depending upon the applicable
collective bargaining agreement.
An extensive set of laws and regulations governs occupational
safety and health. A comprehensive system of worker insurance carriers
enforced safety requirements in the workplace. The Ministry of Labor
and Social Affairs and its counterparts in the states effectively
enforced occupational safety and health standards through a network of
government bodies, including the Federal Institute for Occupational
Safety and Health. At the local level, professional and trade
associations-self governing public corporations with delegates
representing both employers and unions-oversee worker safety. The law
provides for the right to refuse to perform dangerous or unhealthy work
without jeopardy to continued employment.
The law provides for equal treatment of foreign workers, who
generally worked in conditions equal to those of citizens; however,
such workers faced some wage discrimination. For example, some schools
paid foreign teachers less than their citizen counterparts. Employers
also often paid lower wages to seasonal workers from Eastern Europe who
came to the country on temporary work permits. 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.
__________
GREECE
Greece is a constitutional republic and multiparty parliamentary
democracy with an estimated population of 11 million. In September 2007
the New Democracy Party won a slim majority of seats in the unicameral
Vouli (parliament) in free and fair elections, and Konstantinos
Karamanlis remained the prime minister. Civilian authorities generally
maintained effective control of the security forces.
The Government generally respected the human rights of its
citizens; however, there were problems in several areas. Human rights
abuses reported during the year included: reports of abuse by security
forces, particularly of undocumented immigrants and Roma; overcrowding
and harsh conditions in some prisons; detention of undocumented
migrants in squalid conditions; some legal restrictions on freedom of
speech (although not enforced in practice); restrictions and
administrative obstacles faced by members of non-Orthodox religions,
including serious delays in receiving permits; detention and
deportation of unaccompanied or separated immigrant minors, including
asylum seekers; failure to provide adequate protection to victims of
domestic violence; discrimination against Romani children in education;
exploitation of Romani children through begging and forced labor;
trafficking in persons; limits on the ability of ethnic minority groups
to self-identify; and discrimination against and social exclusion of
ethnic minorities, particularly Roma. A large number of Roma lacked
access to adequate housing, basic medical care, public services, and
employment opportunities.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed any politically
motivated killings during the year; however, a police officer killed
one person.
On December 6, a police officer killed 15-year-old Alexandros
Grigoropoulos in the Exarchia district in Athens, as Grigoropoulos and
other youths reportedly were throwing rocks at a police vehicle.
Authorities arrested the officer and his partner in connection with the
shooting. The officer claimed that he fired warning shots and did not
aim at Grigoropoulos. Autopsy and ballistics reports, requested by the
victim's family, indicated that Grigoropoulos was killed by a ricochet
bullet. The official investigation into the circumstances of the
shooting was still pending at year's end. The shooting touched off more
than a month of riots and demonstrations by youths and self-styled
anarchists in cities across the country that resulted in injuries to
dozens of civilians and police as well as an estimated 1 billion euros
(approximately $1.4 billion) in property damage. Both policemen were in
custody at year's end on as yet undetermined charges.
In January a special Navy tribunal acquitted the coast officer
involved in the August 2007 shooting death of a Greek citizen of all
charges. Prosecutors had charged the officer with ``reckless
wounding.'' Coast guard officers had fired at the man after he
reportedly failed to stop for a boat check. He later died in a
hospital.
A trial was pending at year's end in the case of a border guard who
shot and killed an Albanian migrant who was attempting to cross the
Greek-Albanian border illegally in November 2007.
In September four Georgian migrants were killed in marked
minefields in the Evros area on the Greek-Turkish border. During the
previous 17 years, 72 persons died in the Evros minefields.
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, during the year
there was an increase in nongovernmental organization (NGO) reports of
abuse by police forces and the Coast Guard, particularly of
undocumented immigrants, asylum seekers, and Roma.
On December 11, Amnesty International (AI) reported that police
used unlawful and excessive force against peaceful demonstrators
protesting the December 6 police shooting of Alexandros Grigoropoulos.
AI alleged that two of its members were beaten with police batons and
criticized police for not discriminating between peaceful protesters
and violent anarchists.
On February 8, the Council of Europe Committee for the Prevention
of Torture (CPT) released a report on the visit by a CPT delegation to
the country in February 2007. The report noted that there had been no
improvement since the previous CPT visit in 2005 in the treatment of
persons detained by law enforcement agencies and that the delegation
received many allegations of mistreatment of detainees by law
enforcement officials. Most of the allegations consisted of slaps,
punches, kicks, and blows with batons, inflicted upon arrest or during
police questioning. In one example, a detainee alleged that he was
punched in the head and body by officers at the Alexandroupoli police
station and that officers had threatened to sever his right forefinger
with pliers. The detainee further stated that, while being held over a
table by two officers, his trousers were pulled down and he was
threatened with rape by a third officer. In several cases, CPT medical
experts examined detainees' wounds and found their allegations to be
credible and consistent with injuries from slaps, kicks, and baton
blows.
NGOs regularly reported that police beat and mistreated immigrants,
including minors. Human Rights Watch (HRW) reported in November that
asylum seekers and migrants were regularly beaten during arrest and
while in detention. The NGO, Network of Social Support to Refugees and
Immigrants, alleged that incidents of police abuse against foreign
street vendors occurred almost daily.
In March the Secretary of the Foreigner Immigrants Union of Larisa
alleged that he was beaten by Thessaloniki police officers when he
visited the station to report a problem. He claimed that he was beaten
on his fingers with an iron bar more than 80 times and that he was
punched and kicked several times. The victim alerted the Albanian
consular authorities to the incident and filed criminal charges, which
were pending in court at year's end.
In June seven police officers and the director of the Corinth
police station reportedly tortured and abused a 35-year-old mentally
ill Romanian national and left him in a field in a remote area. The
officers involved were suspended and the prosecutor ordered an inquiry
into possible charges of torture, insult to human dignity, serious
bodily harm, and theft. The inquiry was pending at year's end.
In July, according to media reports, the Patras Port Authority
handcuffed undocumented migrants to public benches and trees outside
port authority offices. Officials responded that they were handcuffing
the migrants outside because the detention center had been destroyed by
an earthquake and was unsafe for the detainees. At year's end the Port
Authority was using metal containers to hold arrested migrants, a
practice that NGOs condemned as inhuman and degrading.
In March two police officers and two border guards were dismissed
after a video surfaced showing officers abusing two Albanian migrants
in police custody after their 2006 arrest on drug charges. A video of
the incident was posted to the Web site YouTube.com and was aired on
Greek television. Criminal charges against the officers for torture and
breach of duty were pending at year's end.
There were multiple reports of the Coast Guard treating
undocumented immigrants, including minors, in a cruel manner. In
February AI called for an investigation into the case of 13 Afghan
migrants, eight of whom were minors, who were allegedly intercepted by
the Coast Guard, beaten and robbed, put in an inflatable dinghy, and
forced to return to Turkey. In July undocumented immigrants on the
island of Samos alleged that they were slapped and beaten during their
interrogation by coast guard officers. In September immigrant detainees
in Patras rioted after coast guard officers allegedly seriously injured
two Afghan migrants. In a December report on unaccompanied migrant
children, HRW alleged that on multiple occasions coast guard officers
beat minors after intercepting them at sea.
There were continued reports of police mistreatment of Roma, and
human rights advocates accused the court system of failing to prosecute
abusive police officers. In April the Appeals Court acquitted a police
officer who had allegedly beaten a Romani man, Theodoros Stefanou, in
2001 on the island of Cephalonia. At the initial trial, the officer was
suspended and his three-year prison sentence was commuted to a fine,
but the victim and a human rights defender claimed that they were never
summoned to the trial. With legal aid from the Greek Helsinki Monitor
(GHM), an NGO, in January 2007 the victim took his case to the European
Court for Human Rights (ECHR), alleging mistreatment, excessive length
of proceedings, and the failure of the authorities to investigate
promptly due to his Romani ethnicity. The case was pending at year's
end.
In July the United Nations Human Rights Committee (HRC) found that
the country had violated the provisions of the International Covenant
on Civil and Political Rights that prohibit torture and establish the
right to an effective remedy for abuses. The HRC found a lack of a
proper investigation into the alleged police brutality against ethnic
Romani citizen Andreas Kalamiotis in 2001, in Athens. The state was
given six months to provide the victim with an effective remedy and
appropriate reparation and to report on measures taken to prevent
similar violations in the future. The Government had not taken any
remedial measures by year's end.
The criminal investigation of two police officers on the island of
Rhodes in connection with the alleged multiple rapes of a Bulgarian
woman in 2006 and the trial of a homicide police officer for the
attempted rape of a Greek woman in 2007 were both pending at year's
end.
Prison and Detention Center Conditions.--Prison conditions remained
inadequate due to continued overcrowding and outdated facilities. Some
prisons and detention centers continued to hold minors in the same
cells as adults. While prison capacity increased overall, partly due to
construction during the year of a new prison facility for women in
Thebes, the number of inmates also grew. The Ministry of Justice
reported that, as of September, the total prison population was 11,798,
while the official capacity of the prison system was 7,543.
The ombudsman for human rights noted during the year that
overcrowding in prisons had not been addressed and that this was
leading to disciplinary problems and criminal behavior in the prisons.
For the third year in a row, the ombudsman formally complained that the
Ministry of Justice denied his representatives access to prisons and
detention facilities.
In November an estimated 8,000 inmates nationwide staged an 18-day
hunger strike protesting overcrowding in prisons. The protest spurred
riots and arson attacks by anarchist groups in Athens and Thessaloniki
in support of the inmates who were on hunger strikes. Prisoners ended
the strike after the Ministry of Justice announced an early release of
up to 5,500 prisoners and new measures for improving prison conditions,
including integrating cumulative disciplinary penalties for prisoners
and reducing the maximum pretrial detention period from 18 months to 12
months. The early releases began in December.
AI, the Office of the UN High Commissioner for Refugees (UNHCR),
the NGO Pro-Asyl, the government-appointed ombudsman for human rights,
the European Commission, HRW, and Doctors Without Borders (MSF) noted
during the year that conditions in detention centers for undocumented
aliens were unacceptable and amounted to a serious violation of human
rights. The UNHCR expressed its concern for the situation in some
Aegean Island detention centers. An MSF fact-finding mission in July
visited detention centers and expressed its concerns for what it termed
a ``continuing humanitarian crisis.''
AI noted in its annual country report, released in May, that an
increase in the number of deaths in prisons and in police custody
raised serious concerns about the lack of effective monitoring of the
handling of detainees and prisoners. AI also reported that minors were
among the refugees and migrants being held at detention centers.
The NGO Prisoners' Rights Initiative reported in March that 440
inmates died in prisons and police detention centers between 1997 and
2007. Although some deaths were drug-related or self-inflicted, there
were also cases in which the circumstances were disputed, and the
authorities were indifferent to the lives of inmates.
In June the ECHR ruled against the Government in the case of an
inmate held in prison for trafficking antiques and drug possession. The
ECHR concluded that authorities had not fulfilled their obligation to
safeguard the inmate's health by providing him the appropriate medical
care and that this omission amounted to inhuman treatment. The country
was ordered to pay the victim 8,000 euros (approximately $12,000) in
damages, costs, and expenses.
There were multiple reports that prison or detention center guards
mistreated prisoners. In July and September protests and hunger strikes
took place in immigrant detention centers on Leros and Samos islands
due to overcrowding and alleged mistreatment.
In September MSF announced that it would withdraw from the
detention center on Lesbos due to a lack of support from authorities.
MSF stated that police hampered its efforts to offer medical care and
improve conditions in the detention center. In October media reported
that hundreds of immigrant detainees on Lesbos fell ill from drinking
contaminated water from the detention center's moldy and rusted pipes.
During its February 2007 visit to the country, the CPT examined the
treatment of persons detained by law enforcement authorities, focusing
on Korydallos prison and detention facilities for illegal immigrants in
Attica, the eastern Aegean, and Thrace. The delegation visited prisons,
police detention centers, police stations, and holding facilities for
illegal immigrants. In its February report on the visit, the CPT
reiterated that prisons remained largely overcrowded; prison violence
appeared to be on the rise; conditions of detention in police
facilities generally were unsatisfactory, in certain cases constituting
inhuman or degrading treatment; and facilities designed for holding
suspects for short periods were inappropriately used for prolonged
incarceration.
In one case, the CPT noted that a Bangladeshi national, who had
alleged police brutality at Athens International Airport after he had
refused deportation and who had visible injuries, only received medical
treatment after the CPT intervened. In another case, a detainee at the
Omonia police station, who had alleged police abuse and required
medical attention, was told by police that he would be immediately
deported unless he informed the CPT delegation that he no longer wished
to see a doctor.
The CPT observed that the Korydallos prison remained overcrowded
and that no noticeable improvement had occurred since its 2005 visit.
The CPT found that three or four prisoners were placed in cells
designed for a single occupant and that health care remained inadequate
for a prison of its size. The CPT also reported that in the Petrou
Ralli facility in Athens, detainees were confined to their cells 24
hours a day, had no recreational spaces, and were kept in cells that
did not have toilet facilities or call bells. At the time of its visit,
the CPT found that some minors did not have beds and were sleeping on
mattresses on the floor.
The Samos facility that opened in 2007, while much improved over
the island's previous detention center, held over 500 detainees and was
already crowded beyond capacity.
In November diplomatic observers toured the Fylakio detention
center, opened in March 2007, and found conditions to be clean, well-
lit, and climate-controlled. Male and female detainees were held in
separate facilities comprised of large, compartmented rooms with bunk
beds for each detainee. There were no families or minors in the
detention center. The building had a cafeteria, outdoor recreational
facilities, a telephone room, and an infirmary with four beds. Police
authorities stated that there were 279 detainees in the center; they
reported that the center had an official maximum capacity of 375, but
that in their opinion the center would be overcrowded with any more
than 320 detainees. Police officials also said that the Venna, Peplos,
and Tychero detention centers (long criticized by the CPT and other
NGOs for squalid conditions) had closed due to reduced numbers of new
illegal immigrant arrivals in the Evros border region during the year.
In November HRW described ``inhuman and degrading'' conditions in
multiple prisons and detention facilities. In December HRW alleged that
unaccompanied migrant minors were routinely detained in the same cells
as adults.
The Government permitted the CPT to conduct periodic and ad hoc
visits to prisons, detention centers, and mental hospitals, most
recently in September. Other NGOs, such as HRW, were inconsistently
granted access to prisons and detention facilities. During the year
international human rights groups reported fewer problems receiving
permission for prison and detention center visits than did local human
rights groups, and the International Committee of the Red Cross had a
regular program for prison visits. However, there was insufficient
access to detention centers for independent organizations wanting to
screen for trafficking victims.
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
foreigners, often under crowded and squalid conditions, while
determining their residence status.
Role of the Police and Security Apparatus.--The police are
responsible for law enforcement and the maintenance of order within the
country and are under the authority of the Ministry of the Interior and
Public Order. The Coast Guard is responsible for law enforcement in
territorial waters and is under the authority of the Ministry of
Mercantile Marine. While the country's law enforcement agencies were
generally effective, police sometimes did not fully investigate self-
styled ``anti-imperialist'' anarchists, who used crude gas canister
bombs and Molotov cocktails to attack property, government offices,
targets representing ``Western interests,'' and the police,
particularly in central Athens.
In the nationwide protests and riots that followed the December 6
death of 15-year-old Alexandros Grigoropoulos in an altercation with a
police officer, anarchists wielding petrol bombs destroyed vehicles and
commercial and government offices, causing an estimated 1 billion euros
(approximately $1.4 billion) in property damage. Media criticized the
police for failing to protect businesses from violent rioters and
looters. There were media allegations that government leaders, seeking
to avoid a further escalation of violence, directed the police to take
a defensive posture in response to the riots.
Police corruption continued to be a problem. During the year the
police Bureau of Internal Affairs took several disciplinary measures,
including dismissal and suspension, against officers involved in
corruption, primarily for forging documents and for taking bribes. Most
charges against police involved violation of duty, issuing false
certificates, abuse of power, corruption, violations with arms and
explosives, illegally releasing persons in police custody, pimping, and
violations related to alien registration.
In contrast with the previous year, NGOs and the media reported
more frequently on police corruption, criticizing the prevalence of
lenient punishments for officers, such as suspended sentences, small
fines, or acquittals. The ombudsman noted that the lack of adequate
punishment meant that there was no effective deterrent against police
corruption and that the Ministry of the Interior and Public Order
apparently lacked the will to combat police corruption. During the year
the GHM reported that, of 238 police mistreatment cases brought against
law enforcement personnel from 2003-07, only one police officer was
dismissed.
Four Thessaloniki police officers, including the former director of
the Ano Poli police station, were discharged from service by a police
disciplinary board in February. The officers had issued fraudulent
documents to approximately 50 Albanian nationals seeking residence
permits in Thessaloniki. The Albanian nationals had paid 500 to 1,500
euros (approximately $750 to $2,250) bribes for the papers. A police
lieutenant was given a 16-month suspended sentence, while the three
other officers were acquitted of all charges.
In June the police Bureau of Internal Affairs dismantled a network
of border guards, police, and intelligence personnel that was smuggling
undocumented aliens and stolen vehicles from Albania into the country.
The bureau filed criminal charges and the case was pending at year's
end.
In July two police officers were given prison sentences of two and
18 months, respectively, for offering protection to an illegal
electronic gambling shop in Thessaloniki.
In November eight Thessaloniki police officers were convicted in
connection with the beating of a Cypriot student in 2006. The officers
were convicted of causing bodily harm and were given sentences ranging
from 15-39 months, with the option to avoid jail time by paying five
euros (approximately $8) for each day of the sentence. The former
police precinct director in place at the time of the beating was
convicted for neglecting his supervisory duty and given a suspended 15-
month sentence. The policemen appealed their convictions, which were
pending at year's end. Press and local NGOs criticized the punishments
as lenient.
In November five coast guard officers in the port city of Patras
were arrested on charges of alien smuggling and forming a criminal
organization. The Ministry of Mercantile Marine ordered an inquiry into
the case and replaced the harbormaster. The results of the inquiry had
not been announced by year's end.
Arrest and Detention.--The law requires judicial warrants for
arrests, except when they are made during the commission of a crime,
and prohibits arbitrary arrest orders. Authorities generally respected
these provisions in practice. Police are required to bring persons who
are detained or arrested before an examining magistrate within 24
hours. The magistrate is then required to issue a detention warrant or
order their release within three days unless special circumstances
justify a two-day extension of detention. Bail is available for
defendants detained or arrested on felony charges, unless the judicial
officer determines that the defendant is a flight risk or a danger to
the community.
The law provides that persons in detention have the right to
contact a close relative or another third party, to have access to a
lawyer, and to have access to a doctor. However, during its 2007 visit
to the country, the CPT found that the Government did not respect these
rights in practice. The CPT heard a number of allegations that access
to a lawyer had been delayed for periods of up to three days. In most
of these cases, the persons detained, mainly foreigners, alleged that
they were mistreated during arrest and interrogation. The CPT received
a number of complaints from illegal immigrants in detention that they
were only provided information sheets explaining their rights in Greek,
and that they were either physically coerced or verbally threatened
with mistreatment to ensure that they signed an acknowledgement on the
information sheets.
Defendants have the right to legal counsel. In felony cases the bar
association provides lawyers to defendants who prove they cannot afford
legal counsel.
Defendants brought to court on the day following the alleged
commission of a misdemeanor may be tried immediately under expedited
procedures. Although legal safeguards, including representation by
counsel, apply in expedited procedure cases, the short time period
limited defendants' ability to present an adequate defense. Defendants
may request a delay to prepare a defense, but the court is not obliged
to grant their requests. Expedited procedures were used in less than 10
percent of applicable cases.
The ombudsman asserted in his annual report that the number of
complaints from citizens about violations of personal freedoms in the
course of police action remained high. These violations included:
taking citizens to detention centers for arbitrary identity checks,
using insulting language and threats of force, and conducting bodily
searches in public. The ombudsman noted an increase in the number of
complaints that police conducted investigations without soliciting
testimony from victims. Police reportedly targeted persons based on
their race, color, nationality, or presence in high-crime areas.
The 2006 case concerning the alleged abduction of 14 Pakistani
permanent residents was still pending at year's end.
The law allows pretrial detention for up to 18 months for cases
involving alleged felonies and for up to nine months for misdemeanors
involving ``multiple accidental manslaughters.'' Some defense lawyers
asserted that pretrial detention was supposed to be reserved for
exceptional cases but had become the norm. They also argued that the
detention period was excessively long and that, although the code of
criminal procedure expressly excludes ``seriousness of the crime'' as a
criterion, it is usually the main reason for extended detention in
practice. A panel of judges may release detainees pending trial with or
without bail. Pretrial detainees made up approximately 30 percent of
those incarcerated and contributed to prison overcrowding, according to
figures provided by the Ministry of Justice.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected this
provision in practice; however, observers reported that the judiciary
was subject to influence. On several occasions in 2006 and 2007, the
ECHR criticized the Government for unreasonably long trials and found
the court system to be inefficient. During the year two judges were
dismissed on corruption related charges. Several ongoing corruption
investigations of as many as twenty judges were still pending at year's
end. One judge fled the country and was in hiding abroad at year's end.
The judiciary acted more leniently toward those claiming a political
motivation for their acts of property destruction (so-called
anarchists) than it did for those who did not claim a political
motivation. For example, anarchists were frequently given suspended
prison sentences in lieu of prison time or fines.
On August 13, the GHM sent a letter to the prosecutor and the
president of the Supreme Court listing 39 recent litigation cases on
behalf of, or against, Roma. The GHM charged that cases against Roma
were usually investigated promptly; however, cases brought by Roma
concerning serious violations of human rights took several years to
move through the legal process and rarely led to indictments or
convictions. Furthermore, the GHM noted that police mistreatment cases
filed by Roma almost always resulted in acquittals for the officers
charged.
After the December 6 death of 15-year-old Alexandros Grigoropoulos,
authorities arrested a police officer and his partner. The
investigation of the incident was ongoing at year's end. Officials of
both the Government and opposition parties made statements that
observers noted implied presumption of the officer's guilt. In the
aftermath of the shooting, mainstream media condemned the police
officers as guilty of murder. Independent observers expressed concern
that such statements presupposed the officers' guilt and jeopardized
the defendants' right to a fair trial.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. Trials are
public in most instances, and juries are used in all first- and second-
degree felony cases. An antiterrorism statute permits denial of the
right to a jury trial in cases of violent terrorism. Defendants have
the right to be present at trial and to consult with an attorney in a
timely manner. An attorney is provided at public expense if indigent
defendants face serious criminal charges. Defendants may confront and
question witnesses against them and present witnesses and evidence on
their behalf. Defendants and their attorneys have access to government-
held evidence relevant to their cases. Defendants enjoy a presumption
of innocence and 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 court interpretation was
inadequate for non-Greek speakers; however, diplomatic observers noted
good-quality interpretation at trials specifically for foreign victims
of trafficking.
The Government recognizes Shari'a (Islamic religious law) as the
law regulating family and civic issues of the Muslim minority in
Thrace.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is a generally
independent and impartial judiciary in civil matters. There are no
administrative remedies available beyond the judicial remedies for
alleged wrongs.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions; however, these
provisions were not always respected in practice.
Police and prosecutors regularly conducted raids and searches of
Romani and migrant neighborhoods, frequently entering homes without
authorization in search of criminal suspects, drugs, and weapons. Local
authorities evicted Roma from camps and tent dwellings during the year,
and threatened to evict others. NGOs and media regularly reported that
law enforcement authorities beat or harassed unlicensed immigrant
street vendors and undocumented immigrants.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice. However, legal restrictions on free
speech remained in force. The law prohibits speech that endangers or
disturbs the country's relations with foreign states, spreads false
information or rumors causing fear among citizens, causes rivalry or
division among citizens, or incites citizens to disturb the peace or
commit acts of violence. In practice these legal prohibitions were
seldom invoked. In most criminal defamation cases, defendants were
released on bail pending appeal without serving time in jail.
Individuals could criticize the Government publicly or privately
without reprisal, and the Government did not attempt to impede this
criticism.
There were numerous independent newspapers and magazines in
circulation, and they generally expressed a wide variety of views
without restriction.
The law provides for the Government to exercise ``immediate
control'' over radio and television stations and establishes ownership
limits on media frequencies. However, independent radio and television
stations were active and expressed a wide variety of views with little
or no government restriction. State-operated stations tended to
emphasize the Government's views but also reported objectively on other
parties' programs and positions.
The requirement of the 2007 media law that radio and television
stations broadcast primarily in Greek had no practical effect on the
existing Turkish-language radio stations in Thrace.
The law allows for seizure, by order of the public prosecutor, of
publications that insult the president, offend Christianity ``or any
other known religion,'' contain obscene articles, advocate violent
overthrow of the political system, or disclose military and defense
information. The Government did not charge any individuals with
violation of this law during the year.
The law punishes ``whoever intentionally incites 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
expresses ideas insulting to persons or to groups of persons because of
their race or ethnic origin.''
The GHM and the Central Board of Jewish Communities brought charges
against the newspaper Eleftheros Kosmos and former LAOS political party
candidate Kostas Plevris for racism and anti-Semitism. In December 2007
Eleftheros Kosmos was acquitted, but Plevris received a 14-month
suspended sentence for inciting hatred and racial violence with his
book The Jews -The Whole Truth. The book denied the Holocaust and
called Jewish people ``mortal enemies'' and ``subhuman.'' Plevris
appealed the sentence; the appeal trial had not begun by year's end.
On March 5, the misdemeanors court of Athens sentenced three
journalists of Eleftheros Kosmos to seven-month suspended sentences for
insulting Jews. The journalists appealed the sentence. In September the
appeals court unanimously changed the terms from seven to five-month
suspended sentences.
In September an Athens appeals court sentenced the publisher and a
former columnist of the weekly newspaper Eleftheros Kosmos for anti-
Semitism in a 2006 column. The columnist had criticized Thessaloniki's
small Jewish community, decimated during the Holocaust, writing ``thank
God, less than 1,500 are left.'' Each defendant was given a five-month
suspended sentence.
In December, after the start of Israeli military action in Gaza,
the left-of-center newspaper Eleftherotypia printed anti-Semitic
cartoons and satire, joining smaller extremist publications that
compared Jews to Nazis or held them responsible for actions of the
state of Israel.
In October media in Thessaloniki reported that two editors of
Millet, a local paper published in Turkish, were given 12-month
suspended sentences for inciting hatred against the Pomak community.
According to an October report by Reporters Without Borders,
journalist Makis Nodaros was assaulted by two unknown persons. Nodaros
was a regular contributor to articles in the daily newspaper
Eleftherotypia about government corruption and financial mismanagement.
No investigation had begun by year's end.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could generally engage in
the peaceful expression of views via the Internet, including by e-mail.
Internet was available throughout the country and widely used.
The libel and defamation trial of an internet blog administrator
who criticized a Greek Orthodox televangelist had not begun by year's
end. The blogger was charged in 2006 for comments that appeared on one
of his Web sites allegedly calling the televangelist ``stupid'' for
claiming that all things on earth came from Greece.
Academic Freedom and Cultural Events.--The Government 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, and the Government
generally respected this right in practice.
The December 6 death of 15-year-old Alexandros Grigoropoulos
touched off more than a month of riots and demonstrations. Peaceful
demonstrators were joined by violent, self-styled, anarchists and
arsonists. Using Molotov cocktails, petrol bombs, rocks, and other
projectiles, violent protesters injured dozens of police officers and
destroyed vehicles and commercial and government property estimated at
one billion euros (approximately $1.4 billion). The police used tear
gas and force, including baton strikes, to disperse violent protesters.
On December 11, AI alleged that two of its members were beaten with
police batons and criticized police for not discriminating between
peaceful protesters and violent anarchists.
Freedom of Association.--The law provides for freedom of
association; however, the courts continued to place legal restrictions
on the names of associations involving certain ethnic minorities.
In 2006 the group ``Home of Macedonian Culture'' took its case
regarding the denial of the organization's legal status to the Supreme
Court. It remained pending as of year's end.
The Government prohibited associations that used the term
``Turkish'' in their names. The ECHR ruled in March that the country
was violating the freedom of association of the Muslim minority by
dissolving the Turkish Union of Xanthi, established in 1927, after 21
years of legal proceedings (1983-2005). The ECHR also ruled against the
Government's refusal to register the Cultural Association of Turkish
Women of Rodopi. The Greek courts, citing the 1923 Treaty of Lausanne,
had objected to the use of the word ``Turkish'' because the Greek
government officially only recognized a ``Muslim'' religious minority,
not a ``Turkish'' ethnic one. Greece appealed the decision, but the
ECHR rejected the appeal in October. In December the Turkish Union of
Xanthi requested recognition from the First Instance Court of Xanthi,
in line with the ECHR decision. The case was heard on December 11, but
the court had not issued a decision by year's end.
c. Freedom of Religion.--The law provides for freedom of religion.
However, non-Orthodox groups at times faced administrative obstacles or
legal restrictions on their religious practices.
The law establishes the Eastern Orthodox Church of Christ (Greek
Orthodoxy) as the ``prevailing'' religion. The Greek Orthodox Church
continued to exercise significant political and economic influence. The
Government recognized de facto the Orthodox canon law. Privileges and
legal prerogatives granted to the Orthodox Church were not routinely
extended to other recognized religions. Orthodox Church officials
refused to enter into dialogue with religious groups that they
considered harmful to Orthodox worshippers, and they instructed their
members to shun members of the Jehovah's Witnesses, Church of Jesus
Christ of Latter-day Saints (Mormons), Protestant, and evangelical
Christian churches.
The Government supported the Greek Orthodox Church financially and
paid the salaries and some expenses of the three official Muslim
religious leaders, or muftis, in Thrace. In addition, the Government
announced in February 2007 that it would hire 240 imams as public
employees in Thrace. As of year's end, the Ministry of Education and
Religion was reviewing applications for the imam positions. Jewish
leaders requested that the Government pay the salaries of rabbis, given
the practice of paying for Orthodox priests and Muslim muftis; the
Government had not responded to this request by year's end.
The Orthodox, Jewish, and Islamic communities are the only
religious groups deemed ``legal entities of public law,'' able to own,
bequeath, and inherit property and appear in court under their own
names as religious organizations. Other religious organizations may be
registered as ``legal entities of private law,'' which cannot own
``houses of prayer'' or other property directly as religious entities
but must create other corporate legal entities in order to own,
bequeath, or inherit property, or to appear in court.
To be recognized as a ``legal entity of private law,'' a religious
group must be a ``known religion'' or dogma, defined by the courts as
having a publicly taught doctrine with rites of worship that are open
to the public, being nonprofit in nature, not adversely affecting
public order or morality, and having a hierarchy of religious
authorities. No formal mechanism existed to gain recognition as a
``known religion.'' Recognition is granted indirectly when the Ministry
of Education and Religion grants applications for permits to acquire a
``house of prayer.''
Some Christian denominations, such as Roman Catholics,
Pentecostals, Methodists, evangelicals, and the Jehovah's Witnesses,
were recognized as ``known religions.'' No new religious entities have
been recognized by the Ministry of Education and Religion since 2006.
Three groups following ancient polytheistic Hellenic religions had
applied to the ministry for recognition. Despite the ombudsman's advice
to the ministry to respond, there has been no reply. The ministry last
responded to one of these groups in 2006, stating that it ``would delay
its formal response due to the seriousness and the peculiarity of the
matter.''
Some religious groups without house of prayer permits, such as the
Scientologists and followers of ancient polytheistic Hellenic
religions, practiced their faith as registered nonprofit civil law
organizations.
The law extends recognition as a private entity to Roman Catholic
churches and related entities established prior to 1946. The Catholic
Church has sought, without success, a legal procedure that would
provide recognition to its religious institutions built after 1946. In
2006 the Ministry of Education and Religion established a committee to
study the issue and propose a legislative solution. The Committee last
met in February 2007 but produced no results as of the end of the year.
Since 1999 the Catholic Church also has sought, to no avail, government
recognition of Catholic canon law.
At year's end the Jehovah's Witnesses had 12 applications for
house-of-prayer permits pending with the Ministry of Education and
Religion, some dating from 2005. In 2006 the ombudsman recommended that
the ministry send an official response as mandated by the law; however,
the ministry did not respond during the year. Members of the Jehovah's
Witnesses community reported that in 2005 two Greek Orthodox Bishops
asked a local court to repeal the Jehovah's Witnesses' house-of-prayer
permits. The matter remained in the courts at year's end. Local leaders
of the Jehovah's Witnesses stated that their house-of-prayer
applications were delayed by bureaucratic obstruction and pending
construction permits.
Parliament approved a bill in 2000 allowing the construction of
Athens' first mosque and Islamic cultural center. In 2006 the
Government passed a new law providing for the establishment of a
mosque, without a cultural center, in the Athens neighborhood of
Votanikos. Leaders of the Athens Muslim community were satisfied with
the proposed location, but in October 2007 they urged the Ministry of
Education and Religion begin construction, calling the issue ``one of
grave importance'' to the Muslims of Athens. Construction had not begun
by year's end. In 2006 a Muslim Cultural Center opened in Moschato,
Athens, in an abandoned factory warehouse. Funded by foreign charities
and with space for 2,000 worshippers, this unofficial mosque continued
to operate without a house-of-prayer permit at year's end. Other
Muslims continued congregating in dozens of unofficial prayer rooms.
Since the Government does not recognize Muslim clerics outside of
Thrace, Muslims in Athens had to travel to Thrace for official
religious weddings and funerals.
Muslims are an official minority in Thrace, and the Government
selects three official Muslim religious leaders, or muftis, there.
While part of the community accepted the officially-appointed muftis,
some Muslims ``elected'' two different muftis, one in Xanthi and one in
Rodopi, in elections in which only men were allowed to cast votes.
Discussions continued between the Jewish community of Thessaloniki
and the Government to find acceptable restitution for the community's
cemetery, expropriated after its destruction during the Holocaust.
Aristotle University, a public institution, was built on top of the
expropriated cemetery soon after the end of World War II. International
NGOs expressed concern that subway construction in the vicinity of the
cemetery could disturb human remains. During the year the Government
worked with the local Jewish community to address these concerns.
Non-Orthodox citizens claimed that they faced career limits in the
military, police, firefighting force, and civil service due to their
religion.
The law prohibits proselytizing and stipulates that religious rites
must not disturb public order or offend moral principles. Members of
missionary faiths reported police harassment and detention because of
antiproselytizing laws, and officials of these faiths expressed concern
that these laws remained in effect.
Police occasionally detained members of the Church of Jesus Christ
of Latter-day Saints (Mormons) and the Jehovah's Witnesses for identity
checks. While such persons were typically released after one to several
hours, in January two Mormon missionaries were detained for two days on
charges of proselytizing. The charges were subsequently dropped.
Orthodox religious instruction in public primary and secondary
schools is mandatory, but non-Orthodox students are exempted from
religious instruction. Some Thracian Muslims resident in Athens lobbied
unsuccessfully for Islamic religious instruction for their children.
Some schoolbooks contained negative references to Roman
Catholicism, Judaism, and the ancient polytheistic Hellenic tradition.
Negative references to the Jehovah's Witnesses were taken out of 2007
edition schoolbooks that were being used during the year.
In Thrace the Government subsidized bilingual Greek-Turkish public
schools and two Koranic schools for the Muslim minority.
The law requires a religious oath for all civil servants before
entering office. Persons not belonging to the Orthodox Church may take
an oath in accord with their own beliefs. In February the ECHR found
the country to be in violation of the European Convention on Human
Rights, Article 9 (freedom of thought, conscience and religion) and
Article 13 (right to an effective remedy), in the case of a lawyer who
was allegedly forced to publicly state that he was not an Orthodox
Christian before being permitted to take a nonreligious affirmation
during the admission ceremony to the state bar. The ECHR awarded the
plaintiff 2,000 euros (approximately $3,000) in damages.
Societal Abuses and Discrimination.--Members of non-Orthodox faiths
reported incidents of societal discrimination, including warnings by
Greek Orthodox bishops to their parishioners not to visit clergy or
members of these faiths and requests that police arrest missionaries
for proselytizing. Some non-Orthodox religious communities encountered
difficulty in communicating with officials of the Orthodox Church and
claimed that the attitude of the Orthodox Church toward their faiths
increased societal intolerance toward their religions. With the
exception of the growing Muslim population, however, most members of
non-Orthodox faiths considered themselves satisfactorily integrated
into society.
The Orthodox Church maintained on its Web site a list of religious
groups, including the Church of Jesus Christ of Latter-day Saints,
Jehovah's Witnesses, evangelical Protestants, Scientologists, Baha'is,
and others, that it considered sacrilegious.
According to local leaders of the Jewish community, there were
approximately 5,000 Jews living in the country. Expressions of anti-
Semitism continued to occur, particularly in the extremist press. The
mainstream press and public often mixed negative comments about Jews
with criticism of the Israeli government. Giorgos Karatzaferis, the
leader of the ultra-right political party LAOS, publicly stated that
the party was not racist or anti-Semitic but frequently denied that the
Holocaust occurred and accused ``the pope and the Jews'' of a
conspiracy against the country.
There continued to be reports of vandalism of Jewish monuments
during the year. In May a gravestone was broken and a large amount of
broken glass was spread in the alleys and around the graves of the
Athens Jewish cemetery. In August an anti-Semitic video boasting about
the vandalism of the Holocaust memorial of Rhodes was aired on YouTube.
In December anti-Semitic graffiti protesting Israeli military action in
Gaza appeared on the walls of the synagogue in Volos. The Jewish
community protested these incidents, and the Government formally
condemned vandalism and all expressions of anti-Semitism.
Unlike the previous year, state tourism and media agencies did not
advertise the Easter tradition involving the burning of a life-size
effigy of Judas, sometimes referred to as the ``burning of the Jew.''
The traditional practice continued to occur in some parts of the
country but was generally labeled the ``burning of Judas'' instead. The
Jewish Community continued to protest anti-Semitic passages in the
Greek Orthodox Church's Holy Week liturgy. The Jewish community
reported that it remained in dialogue with the Orthodox Church about
the removal of these passages.
The GHM and the Central Board of Jewish Communities brought charges
against the newspaper Eleftheros Kosmos and former LAOS political party
candidate Kostas Plevris for racism and anti-Semitism. In December 2007
Eleftheros Kosmos was acquitted, but Plevris received a 14-month
suspended sentence for inciting hatred and racial violence with his
book The Jews -The Whole Truth. The book denied the Holocaust and
called Jewish people ``mortal enemies'' and ``subhuman.'' During the
trial a group of neo-Nazis made Nazi salutes in the corridors of the
courthouse, put up ``fans of Hitler'' posters, and handed out anti-
Semitic leaflets. Plevris appealed the sentence; the trial had not
begun by year's end.
On March 5, the misdemeanors court of Athens sentenced three
journalists of Eleftheros Kosmos to seven-month suspended sentences for
insulting Jews. The journalists appealed the sentence. In September the
appeals court unanimously changed the terms from seven to five-month
suspended sentences.
In September an Athens appeals court sentenced the publisher and a
former columnist of weekly newspaper Eleftheros Kosmos for anti-
Semitism in a March 2006 column. The columnist had criticized
Thessaloniki's small Jewish community, decimated during the Holocaust,
writing ``thank God, less than 1,500 are left.'' Each defendant was
given a five-month suspended sentence.
In December, after the start of Israeli military action in Gaza,
the left-of-center newspaper Eleftherotypia printed anti-Semitic
cartoons and satire, joining smaller extremist publications that
compared Jews to Nazis or held them responsible for actions of the
state of Israel.
The Government cosponsored commemorative events in Athens and
Thessaloniki in January for Holocaust Remembrance Day. The Ministry of
Education and Religion distributed materials on the history of the
Holocaust to be read in all schools on the day and informed schools of
educational courses available through the Jewish Museum of Athens.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for free movement
within the country, foreign travel, emigration, and repatriation, and
the Government generally respected these rights in practice. While the
Government provided financial support to the UNHCR and other
humanitarian organizations, in practice the Government did not always
cooperate with these organizations or follow their recommendations on
protecting and assisting refugees, asylum seekers, and stateless
persons.
The law prohibits forced exile, and the Government did not employ
it.
The law permits the Government to remove citizenship from persons
who commit acts contrary to the country's interests for the benefit of
a foreign state. While the law applies to citizens regardless of
ethnicity, historically it has been enforced primarily against persons
who identified themselves as ethnic ``Macedonians.'' The Government did
not reveal the historical number of such cases, but it was reported to
be low, and there were no reports of new cases during the year.
Due to serious bureaucratic problems in the legalization process
for immigrants, many aliens were in a semilegal status, holding expired
residency permits in the process of renewal. Without current residency
permits, immigrants encountered difficulty in accessing government
services to which they otherwise would have been entitled. Many
immigrants were subjected to summary deportation without legal process
following police sweeps. The law provides for legalization of
undocumented immigrants who can prove by a visa stamp or possession of
a tax roll number that they entered the country before 2005. However,
the ombudsman noted that the system of legalization remained
disorganized and that a database of residence permits had not yet been
created.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol. However, the
Government had not implemented, for the most part, a 1999 presidential
decree that brought the law into compliance with UNHCR standards
regarding asylum procedures. In practice the Government provided very
limited protection against the expulsion or return of persons to
countries where their lives or freedom would be threatened. According
to Pro-Asyl, subsequent presidential decrees addressing accommodations
for asylum seekers (220/2007, published in November 2007) and reforming
the asylum application process (90/2008 and 96/2008, published in July)
had not been implemented by year's end.
HRW reported in November that there have been few formal, legal
deportations from Greece to Turkey under the 2001 Greece-Turkey
readmission protocol. According to the HRW report, since 2002 Greece
has requested the readmission of tens of thousands of aliens, but
Turkey has only accepted several thousand cases. Greek officials
expressed concern that the protocol was not working, and the high
number of migrants crossing into the country from Turkey strained
social services.
Local and international entities, including the UNHCR, the Greek
Council for Refugees, the ombudsman for human rights, the European
Commission against Racism and Intolerance, AI, HRW, and Pro-Asyl
expressed concern that very few applicants were granted asylum and
potential asylum seekers, including minors, were at risk of expulsion.
In November HRW released a report regarding the detention of Iraqi
and other asylum seekers in poor, overcrowded conditions as well as the
forced expulsion of Iraqi asylum seekers to Turkey. The report
criticized the ``inhuman and degrading treatment'' of these individuals
while in detention, particularly at the detention centers in Lesbos,
Chios, and Petrou Ralli. HRW also alleged that Greece, by summarily
expelling Iraqi migrants to Turkey, which would return them directly to
Iraq, was engaging in the practice of expelling or returning persons to
countries where their lives or freedom would be threatened. The report
also criticized the Coast Guard for intentionally puncturing seaborne
migrants' inflatable boats and for pushing them back into Turkish
territorial waters.
In December HRW reported on the country's ``systematic failure'' to
protect unaccompanied migrant children, alleging that minors were
detained in the same cells as adults, age and vulnerability assessment
procedures were inadequate, child-trafficking victims were not
identified properly, and unaccompanied minors faced severe problems in
applying for asylum. The law requires that unaccompanied migrant minors
be provided with a temporary guardian, regardless of whether the child
has applied for asylum. In practice the Government seldom provided a
guardian or safe accommodation for migrant children, leaving minors
vulnerable to homelessness and labor exploitation. HRW estimated that
1,000 unaccompanied and asylum-seeking children entered the country
during the year.
The ombudsman continued to point out inadequacies in laws for
detaining and deporting underage foreign nationals, including asylum
seekers, and a lack of infrastructure and services for handling
juvenile detainees who tried to enter the country illegally or sought
asylum.
In February Norway stopped returning refugees and asylum seekers to
the country under the Dublin II Regulation after receiving information
from Greek NGOs, and testimonies from asylum seekers, that returnees
were mistreated and that their rights infringed upon in Greece. By May
Sweden and the Netherlands had also suspended the return of certain
asylum seekers.
The European Council on Refugees and Exiles (ECRE) reported in
April that the rights of asylum seekers were routinely violated. ECRE
publicized stories of asylum seekers who had suffered police violence.
During the year both the UNHCR and HRW called on the Government to
refrain from returning asylum seekers to the country under the Dublin
II Regulation until further notice. The UNHCR noted that, although the
country had taken a number of steps to improve its asylum practices, a
substantial number of asylum seekers continued to face serious
challenges in accessing and enjoying effective protection. Essential
procedural safeguards were not guaranteed throughout the process of
determining whether candidates were entitled to refugee status, at both
the first-instance and appeals levels, to the detriment of asylum
seekers. The UNHCR also highlighted the lack of interpreters and legal
aid, undue hardships in the hearing and adjudication of claims,
problematic conditions and limited capacity in reception centers, and
excessively long waiting periods for appeals decisions. As of May the
country had only 11 asylum officers.
The ombudsman also noted that the overall asylum application
process remained a problem, primarily due to selective acceptance and
processing procedures for asylum applications at police stations
throughout the country. According to UNHCR, from January to October
asylum seekers filed 16,676 applications at the first instance and
11,144 at the appeals level. The Government reviewed 21,626 cases and
3,043 appeals during this period. At the first-instance level, only six
persons (0.02 percent) received refugee status, while at the appeals
level 344 persons (11.3 percent) were granted refugee status. An
additional 25 persons were granted special humanitarian status.
Conditions for illegal immigrants and asylum seekers detained by
authorities were generally unsatisfactory. NGOs and international
organizations continued to criticize detention procedures and
facilities for refugees and asylum seekers as inadequate. During the
year the ombudsman alleged that police detained all refugees and
migrants on their arrival on the islands, including minors. All new
arrivals, without exception, were placed under a deportation order
without having the chance to first file for asylum, and detention was
continued even if an asylum application had been submitted. The
ombudsman noted that new arrivals were routinely held to the end of the
maximum detention period.
The UNHCR, AI, the ombudsman for human rights, and MSF expressed
concern over the country's asylum policy and practices. Specific
problems included unacceptable living conditions; lack of permanent
reception facilities with decent living conditions; the use of ad hoc
facilities (primarily on the islands, when a boatload of refugees
arrived); underdeveloped systems to provide for refugee welfare;
insufficient counseling to assist in the integration of refugees and
asylum seekers; and a lack of appropriate facilities for unaccompanied
minors who were potential asylum seekers.
The CPT reported in February that conditions in most of the migrant
detention centers it visited in 2007 were unsatisfactory. The CPT
reported that the Petrou Ralli, Piraeus, Vrissika, and Aspropyrgos
migrant detention centers were overcrowded, in a poor state of repair,
had unhygienic conditions, lacked access to outdoor exercise space, and
provided limited access to medical care. The CPT also found that
conditions for migrants in border police detention centers were
unacceptable, even for short periods of stay. Border police detention
centers in Isaakio and Heo Himoni had poor access to natural light and
ventilation, detainees were provided dirty blankets and slept on the
floor, and cells were regularly flooded. The CPT described the
conditions at the Kiprinos border police detention center as ``inhuman
and degrading'' due to extreme overcrowding and a lack of access to
common space.
The UNHCR representative to Greece stated in 2007 that some
progress had been made on Lesbos and that much progress had occurred in
Samos in providing information, legal counseling, and medical care to
undocumented immigrants and in registering their asylum claims. During
the year the UNHCR representative and local human rights advocates
criticized the conditions of the detention centers on Lesbos, Patmos,
and other Aegean islands, where detainees had no access to a yard and
where overcrowding was a serious problem.
During the year the UNHCR released a study of the handling of
unaccompanied minors seeking asylum in the country and requested that
the asylum applications of separated children be examined immediately,
that new reception centers be created, and that the principle of
guardianship in the best interests of the children be strengthened.
In February the UNHCR expressed concern over the police's temporary
dismantling of a makeshift camp in Patras, where asylum seekers and
other migrants, mainly from Afghanistan and including about 250
unaccompanied minors, had been residing for years. The UNHCR urged the
Government to address the issue while protecting human rights, the
right to asylum, public health and social concerns of the host society,
the well-being of children, and combating human smuggling.
In May the MSF reported irregular and inefficient medical care,
lack of adequate personnel, unacceptable living conditions, lack of
special measures for vulnerable groups, and lack of interpreters in all
detention centers it visited in the Aegean islands.
During the year the CPT again reported that the short-term
detention and transit facility at Petrou-Ralli for persons awaiting
deportation was unsuitable for stays over two days. However, in
practice persons were confined for up to three months in cells that
contained up to eight persons with cement beds and limited access to
showers and exercise. The CPT noted that the facility's design was
extremely poor and that it lacked any communal spaces.
In its annual report, AI found that protection of refugees remained
minimal, that the Government failed to allow asylum seekers access to
the country, continued to return them to their countries of origin
without legal aid or having access to asylum procedures, that detention
of asylum seekers, including children, continued, and that detention
conditions continued to be unhygienic and overcrowded.
Stateless Persons.--Citizenship is derived from one's parents and
not by birth within the country's territory. UNHCR data indicated that
there were 108 stateless persons in the country at the end of 2007. The
former Ministry of the Interior reported to parliament in 2005 that
46,638 Muslims from Thrace and the Dodecanese islands lost their
citizenship when they left the country from 1955-98. The law that
permitted this divestment of citizenship was repealed in 1998, and
these ``stateless'' residents are eligible to recover their citizenship
as long as they live in the country. According to the Ministry of
Foreign Affairs, by 2005 there were 25 to 30 persons in possession of
government-issued identification documents characterizing them as
``stateless.'' The ministry had no updated figures on stateless persons
by year's end.
In 2007 the Ministry of Foreign Affairs reported that all of the
stateless persons had applications pending for citizenship through
naturalization. In March 2007 the ombudsman noted that delays in
processing applications for recovering citizenship were ``excessive and
unjustified.'' According to the Ministry of Foreign Affairs, the
Ministry of the Interior and Public Order had made no decisions on the
applications by year's end. Stateless residents were denied access to
state benefits such as social security, medical care, and pensions.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.
Elections and Political Participation.--The country held
parliamentary elections in September 2007; the elections were
considered free and fair. Five parties passed the 3 percent threshold
for representation in parliament. Opposition parties functioned freely
and had broad access to the media.
Romani representatives reported that local authorities often
deprived Roma of the right to vote by refusing to register them. Many
Roma had difficulty meeting the municipal residency requirements to
register to vote.
According to the law, voting is mandatory for citizens over age 18;
however, there are many conditions under which citizens may be
exempted, and the Government did not apply a penalty for not voting.
There were 49 women in the 300-seat parliament and two women in the
17-member cabinet. A quota system requires 30 percent of all local
government candidates to be women. At the three high courts, 14 of 61
council-of-state justices were women, as were 28 of 59 supreme
administrative court justices, and 3 of the 62 Supreme Court justices.
There were two members of the Muslim minority in the 300-seat
parliament; there were no minority members in the cabinet.
A government-appointed regional administrator of Eastern Macedonia
and Thrace has statutory responsibility for the oversight of rights
provided to the Muslim minority in Thrace, but the Ministry of Foreign
Affairs retained an important advisory role.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, officials sometimes engaged
in corrupt practices with impunity. The World Bank's worldwide
governance indicators reflected that corruption was a serious problem.
NGOs and media reported that the Government insufficiently
prioritized anticorruption efforts. Mutual accusations of corruption
between political parties were a daily staple of political life. Prime
Minister Karamanlis made anticorruption a key element of his party's
program, and the Government pursued an in-depth investigation into
judicial corruption and took steps to trace and apprehend corrupt tax
collectors and law enforcement officers. Despite these efforts, major
corruption cases continued to surface throughout the year.
In September a former minister and personal aide of the prime
minister was convicted and given a one-year suspended prison sentence
for interceding with judicial authorities on behalf of one of his
constituents, who was illegally growing hashish. The former minister
appealed his sentence. In December an appeals court gave him a five-
month sentence, suspended for three years.
Two cabinet ministers resigned during the year amid allegations of
involvement in a controversial property swap between Vatopedi, a Mount
Athos monastery, and the Hellenic Public Real Estate Corporation.
In 2005 the former general director/acting consul at the Greek
Consulate in Kyiv, the consulate's messenger, three foreign employees,
and a policeman in Thessaloniki were criminally charged for allegedly
cooperating in issuing approximately 2,500 illegal tourist visas to
Ukrainian citizens for $200,000. The case was tried in Thessaloniki in
April 2007. The diplomat was sentenced to 21 years in prison. A
consular employee received a sentence of 19 years, and a female Russian
accomplice based in Greece received nine years. The diplomat's partner
and a policeman were also tried but acquitted on all counts. The
convicted parties appealed the decision but remained in prison at
year's end. The date of the appeals trial had not yet been determined
at year's end.
There are income disclosure laws for high-ranking public officials
and members of parliament.
The constitution provides for the right of access to government-
held information, and in practice the Government granted access to
citizens and noncitizens alike, including foreign media.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative with some NGOs. However, the ombudsman for human
rights and the GHM characterized the government-NGO relationship as
poor. The ombudsman charged that the Government avoided cooperating
with NGOs, who ``could remedy the shortcomings of the administration.''
Despite calls from the UN special rapporteur on the sale of
children, child prostitution, and child pornography for the Government
to appoint a lead person on children's issues, the Government failed to
do so. There were no improvements to the institutional capacity for
protecting unaccompanied minors or street children.
GHM and other NGOs called for the Government to improve the living
conditions of Roma and give Romani children alternatives to street work
and prostitution. However, the problem remained largely unaddressed
except in Thrace and in Athens, where the Ministry of Foreign Affairs
and local NGOs implemented measures to increase school attendance by
Romani children. The Government has not taken steps to create an
advisory board to coordinate children's policies or to create a joint
Greek-Albanian commission to investigate ``disappearances'' from a
children's institution between 1998 and 2003.
The law provides for an independent ombudsman for human rights.
Although the Ministry of Justice has denied the ombudsman access to
prisons since 2005, the ombudsman's office otherwise provided an
effective means for citizens to address human rights and religious
freedom problems. While it could not inspect prisons, the office was
granted adequate resources to perform its other functions, which
included mediating between private individuals and public
administration and defending and promoting children's rights.
There were five deputy ombudsmen who dealt respectively with human
rights, children's rights, citizen-state relations, health and social
welfare, and quality of life. The Department of Human Rights received
complaints during the year regarding the Government's handling of
residence and work provisions for immigrants, overcrowding in prisons
and detention centers for illegal aliens, unjustified procedural
difficulties in acquiring citizenship, excessive and unjustified delays
in processing applications by Muslims from Thrace to recover
citizenship lost under pre-1998 laws, arbitrary acceptance or denial of
asylum seekers' applications, discrimination against aliens, and police
brutality.
The government-funded National Commission for Human Rights is an
autonomous human rights body. The commission is the Government's
advisory body on the protection of human rights. During the year it
produced reports on health treatment for illegal immigrants, problems
in the asylum process, the plight of aliens trying to enter the country
via the Aegean Sea and the practices of the Coast Guard, inmates'
rights, and conditions in prisons.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and the law prohibit discrimination based on race,
gender, disability, language, or social status; however, the Government
did not protect these rights consistently in practice. Violence against
women and children, trafficking in persons, and discrimination against
homosexuals and ethnic minorities, particularly Roma and undocumented
migrants, were problems.
Women.--Rape, including spousal rape, is a crime. Conviction rates
for rape were low for first-time offenders, but sentences were harsh
for repeat offenders. According to government statistics, there were
150 rape or attempted rape cases reported in the first six months of
the year, and 133 rape suspects were arrested. In 2007, 249 rapes and
attempted rapes were reported. In 2006 an academic researcher estimated
that approximately 4,500 rapes occurred annually in the country, while
government statistics from that year showed that 270, or 6 percent of
the academic estimate, were actually reported to police. Of those
reported rapes, 183 resulted in an arrest. Of the 47 rape cases that
reached court, 20 resulted in conviction.
Medical, psychological, social, and legal support from the
Government and NGOs were usually available to rape victims.
Domestic violence, including spousal abuse, continued to be a
problem. The law provides for prosecution by force of law, without the
need for a victim to press charges, for all domestic violence crimes.
Penalties range from two to 10 years' imprisonment, depending on the
gravity of the crime.
The General Secretariat for the Equality of the Sexes (GSES), an
independent government agency, estimated that only 6 to 10 percent of
domestic violence victims contacted the police, and only a small
fraction of those cases reached trial. Despite training efforts, the
GSES reported that police tended to discourage women from pursuing
domestic violence charges, encouraging them instead to undertake
reconciliation efforts, and courts were lenient when dealing with
domestic violence cases. Police stations generally had a manual on how
police should treat victims of domestic violence. The GSES, in
cooperation with the Ministry of the Interior and Public Order, trained
police on working with domestic violence victims.
In September a Greek-Spanish woman alleged that police in Eressos,
Lesbos, threatened and discouraged her from filing charges against a
local man who had beaten her. The victim alleged that the police
officers at the station were friends of the perpetrator and were
covering for him.
The GSES provided counseling and assistance to domestic violence
victims. Two GSES shelters for battered women and their children, in
Athens and Piraeus, offered services including legal and psychological
help. The GSES operated a 24-hour emergency telephone hot line for
abused women. A unit of the Ministry of Health and Welfare that
operated a hot line providing referrals and psychological counseling
closed early in the year due to lack of funds. The municipality of
Athens, the Greek Orthodox Church, and various NGOs operated shelters
for victims of domestic violence.
Prostitution is legal at the age of 18. Persons engaged in
prostitution must register at the local prefecture and carry a medical
card that is updated every two weeks. It was estimated that fewer than
1,000 women were legally employed as prostitutes and approximately
20,000 women, most of foreign origin, were engaged in illegal
prostitution. According to academics, many illegal prostitutes may be
trafficking victims. While there were reports that prostitutes were
abused and subjected to violence and harassment by pimps and clients,
there were no reports that they were specifically targeted for abuse by
the police.
The law prohibits sexual harassment and provides for penalties
ranging from two months' to five years' imprisonment. However, labor
unions reported that lawsuits for sexual harassment were very rare. The
Center for Research on Gender Equality Issues reported that the vast
majority of women who experienced sexual harassment in the workplace
quit their jobs and did not file charges. The center estimated that 30-
50 percent of working women and 10 percent of working men had
experienced sexual harassment at their workplace.
Muslim women in Thrace have inferior rights to men under family
law, property law, and in the judicial system, since these issues are
resolved under Shari'a (Muslim religious) law interpreted by muftis.
The Government recognizes Shari'a as the law regulating the family and
civic issues of the Muslim minority in Thrace, and thus the first
instance courts in Thrace routinely ratified the muftis' decisions.
In an unprecedented March case, a court of first instance in Rodopi
Prefecture refused to ratify a mufti's decision that awarded a woman
only a small share of her parental inheritance, instead of the one-half
share provided by the law. The court held that Greek and European law
should prevail over Shari'a law. The court stated that the use of
Shari'a should not deprive the country's Muslim women of their rights
and should not be applied if it violated the basic principles of the
constitution regarding the equality of the sexes and equality before
the law. A final court decision regarding the division of property
between the woman and her brother had not been delivered by year's end.
The National Commission for Human Rights has advised the Government
to limit the powers of the muftis to religious duties and to stop
recognizing Shari'a law, because it could restrict the civic rights of
citizens. Muslim female activists claimed that, because all Muslim
women in Thrace were married under Shari'a, they were therefore obliged
to acquire mufti consent to obtain a divorce. These decisions were
based on interpretations of Shari'a law that do not exist in written
form and therefore would not be able to be appealed. Still, the courts
routinely ratified such mufti decisions.
Apart from the Muslim minority in Thrace, women have rights equal
to those of men, and equality is stipulated by the constitution.
The law provides for equal pay for equal work; however, according
to the last official statistics (collected in 2005), women's pay was 81
percent of men's pay. Although relatively few occupied senior
positions, women continued to enter traditionally male-dominated
professions such as law and medicine in larger numbers. Women were
underrepresented in labor union leadership.
Children.--The Government was not consistently committed to
children's rights and welfare. Romani children continued to face social
exclusion and discrimination in education and lacked access to social
services. Unaccompanied migrant children were detained in the same
cells as adults, lacked safe accommodations and legal guardians, and
were vulnerable to homelessness and labor exploitation. Corporal
punishment of children is prohibited by law.
The Government does not issue birth certificates for children born
in the country to immigrant parents without citizenship. The ombudsman
for human rights urged the Government to grant citizenship to all
children who were born and raised in the country and to accept them for
all educational, social security, and social protection-related
services. Without a birth certificate or a long-term residence permit,
immigrant children faced difficulties registering for school. According
to the law, noncitizen children must wait until age 18 to apply for
long-term residence permits. In December the parliament passed a new
law giving immigrant children born in the country the right to apply
for long-term residence permits.
While the law provides free and compulsory education for a minimum
of nine years, noncompliance was a significant problem in the Romani
community. Research conducted by the Aghlaia Kyriakou state hospital
showed that 63 percent of Romani children did not attend school. The
Pedagogical University of Thessaloniki reported that less than 10
percent of Romani children in northern Greece finished the nine years
of compulsory education and only 3 percent graduated from high school.
The GHM reported in April that 90 percent of Romani children were
illiterate.
There were continuing reports of non-Romani parents withdrawing
their children from schools attended by Romani children and attempting
to prevent Romani children from studying at the same schools that their
children attended. A segregated Romani-only school in Psari,
Apropyrgos, was destroyed twice within a year, in April 2007 and in
January, and the perpetrators had not been found by year's end.
In June the ECHR ruled against Greece for maintaining a segregated
school in Psari, Aspropyrgos, since 2005. The ruling came after the GHM
filed an application on behalf of 11 Romani parents and 18 children.
The ECHR found that the refusal of education authorities to enroll the
Romani children in the local elementary school, and their subsequent
placement in a separate annex school attended only by Roma, violated
prohibitions against discrimination and denied Romani children their
right to education.
Violence against children was a problem, particularly against
street children and undocumented migrant children. The law prohibits
the mistreatment of children and sets penalties for violators, and the
Government generally enforced these provisions effectively. However,
government-run institutions were understaffed, and NGOs complained that
they did not have positions for all children in need of alternative
placement. 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, the deputy
ombudsman for children's rights reported during the year that the
system for children's welfare and protection was deficient overall and
did not cover increasing needs. In particular, social services were not
appropriately staffed to face serious family problems, and welfare
allowances and support to single-parent families were insufficient. In
addition the deputy ombudsman noted that prosecutors for minors, who
should by law take measures to protect children in problematic
situations, were overloaded with other duties. Child-protection
institutions were understaffed, lacked certification, and did not have
sufficient qualified staff to provide care to abused, refugee, or drug-
abusing children. Foster care systems were not adequately implemented,
and adoption procedures continued to take several years.
Child marriage was common within the Romani community, and there
were limited numbers of marriages of persons under 18 among the Muslim
minority in Thrace and Athens. In 2006 the Council of Europe's
commissioner for human rights and the UN special rapporteur reported
that they were informed of cases of both early marriages and marriages-
by-proxy. The state-appointed muftis, who may apply Shari'a law in
family matters, noted that they did not allow the marriage of children
under age 15. The Government has youth centers, parent counseling, and
programs targeted at Romani and Muslim communities that address poverty
and the lack of education, two factors believed to contribute to child
marriage.
In January legislation prohibiting the possession and circulation
of child pornography was passed. Previously, only the sale or purchase
of such materials was prohibited.
According to the UN Children's Fund (UNICEF) and local NGOs, the
majority of street children (often indigenous Roma or Albanian Roma)
were exploited by family members, who forced them to work in the
streets, begging or selling small items. The Government took
insufficient steps to prevent this form of child exploitation. While no
nationwide statistics were available at year's end, in December, the
NGO ARSIS estimated that Thessaloniki, the country's second-largest
city, had over 300 street children.
Conditions for undocumented-immigrant and asylum-seeking children
were particularly harsh. In June, 103 unaccompanied minors, including
Somali girls from eight to 12 years old and boys from 12-18 years old,
were incarcerated with adults on Lesbos. In May, 121 unaccompanied
minors held in a small hotel and rented hall in Leros Island staged
rolling hunger strikes to protest their poor detention conditions.
Following public outcry over these incidents, media reported that local
NGOs provided aid to these minors.
In December HRW reported on the country's ``systematic failure'' to
protect unaccompanied migrant children, alleging that minors were
detained in the same cells as adults, age and vulnerability assessment
procedures were inadequate, child trafficking victims were not
identified properly, unaccompanied minors faced severe problems in
applying for asylum. The law requires that unaccompanied migrant minors
be provided with a temporary guardian, regardless of whether the child
has applied for asylum. In practice the Government seldom provided a
guardian or safe accommodation for children, leaving minors vulnerable
to homelessness and labor exploitation. HRW estimated that 1,000
unaccompanied and asylum-seeking children entered the country during
the year.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, significant numbers of women and children and
smaller numbers of men were trafficked to and within the country for
the purposes of commercial sexual exploitation and forced labor.
Sectors involving forced labor included agricultural work, street
vending, and forced begging.
According to NGO estimates, there were 13,000-14,000 trafficking
victims in the country at any given time. Major countries of origin for
trafficking victims included Nigeria, Ukraine, Russia, Bulgaria,
Albania, Moldova, Romania, and Belarus. Women from many other countries
were trafficked to the country and, in some cases, were reportedly
trafficked on to Italy and other European Union countries as well as to
the Middle East. Women and children typically arrived as ``tourists''
or illegal immigrants and were lured into prostitution by club owners
who threatened them with deportation.
NGOs reported a decrease in the number of Albanian children
trafficked into the country for the third consecutive year. However,
there were reports that Albanian Romani children continued to be
trafficked for forced begging and stealing. In July the parliament
ratified a protocol with Albania on the repatriation of Albanian
children who were victims of child trafficking.
The law considers trafficking in persons a criminal offense and
provides for imprisonment of up to 10 years and fines of 10,000-50,000
euros (approximately $15,000-$75,000) for convicted traffickers.
Penalties are harsher for traffickers of children. The Government
continued to investigate cases of trafficking and secured convictions
for traffickers.
In 2007 police conducted 42 trafficking investigations (30 sexual
exploitation cases, 11 labor exploitation cases, and one illegal
adoption), down from 70 in 2006. They brought charges against 121
suspected traffickers, down from 206 arrests in 2006. Twenty-five
defendants (in nine separate cases) were convicted of trafficking-
related charges, while three were acquitted. Sentences imposed on
convicted traffickers remained lenient; moreover, the majority of
convicted traffickers remained free on bail for five to six years while
their convictions were appealed. The Ministry of Justice continued to
lack effective databases, hindering its ability to provide and manage
information on convictions and sentencing, especially in trafficking
cases.
During the year the Government participated in international
investigations in cooperation with EUROPOL, INTERPOL, and the Southern
European Cooperative Initiative. The Ministry of the Interior and
Public Order continued working on a police action plan for regional
antitrafficking cooperation.
Some police officers and diplomats were reportedly involved in
trafficking rings or accepted bribes from traffickers, including from
organized crime networks. The police Bureau of Internal Affairs
investigated charges of police involvement in trafficking cases. In
2007 charges were filed against three police officers, two of them
senior, relating to trafficking. By year's end no trial date had been
set.
In April 2007 Greek diplomats assigned to Ukraine were tried in
Thessaloniki for issuing visas, with little documentary evidence and no
personal interviews, to women subsequently identified as trafficking
victims. One diplomat received a 21-year sentence, and a consular
employee received a 19-year sentence. A female accomplice, a Russian
citizen living in Greece, received a nine-year sentence. The diplomat's
spouse and a policeman were acquitted. The convicted parties appealed
the decision, but at year's end they remained in jail waiting for their
appeals to be heard.
While the immigration law provides for a ``reflection period'' for
trafficking victims facing deportation, the screening and referral
process did not adequately identify and protect most vulnerable
victims, especially children. Some trafficking victims, including
minors, were prosecuted for immigration violations, sometimes alongside
their traffickers. A few trafficking victims and NGOs reported that
inadequate police protection for victims who were witnesses in trials
meant that those victims lived in constant fear of their traffickers. A
few victims were provided with the reflection period and testified
against their traffickers. One hundred trafficking victims were
identified by authorities in 2007, an increase over the 83 victims
identified in 2006 but still below the 137 victims identified in 2005.
Police continued to detain trafficking victims who were minors as
criminals or to repatriate them without ensuring proper reception by
authorities in their home countries.
During the year the Government continued training programs for
prosecutors and public administration officers, including social
workers, psychologists, nurses, police personnel, and justices. The
Government also conducted training programs in conjunction with
international organizations, including the Council of Europe and the
International Organization for Migration.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, access to health care, or the provision of other government
services, and the Government effectively enforced these provisions. The
law mandates access to buildings for persons with disabilities;
however, authorities enforced this law poorly. During the year
rapporteurs to a special parliamentary committee on persons with
disabilities reported that the lack of accessibility forced such
persons to stay home and led to serious social exclusion.
Only 5 percent of public buildings were fully accessible to persons
with disabilities; most buildings with special ramps did not have
accessible elevators or lavatories. The deputy ombudsman for social
welfare handled complaints related to persons with special needs,
especially those related to employment, social security, and
transportation.
The Ministry of Welfare estimated during the year that there were
approximately 180,000 children with special educational needs. The
Teachers' Associations estimated that only 18,500 of these children
attended primary school and that, of this number, only 10 percent would
go on to attend secondary school, due either to a lack of local special
education schools or a lack of accessibility. The National
Confederation of Persons with Disabilities reported in February 2007
that the educational system for persons with disabilities fostered
discrimination and social exclusion and that, as a consequence, 90
percent of children with disabilities were excluded from the mandatory
nine years of education. The deputy ombudsman for children's rights and
the NGO Confederation of the Disabled reiterated during the year that
education was not available for persons with serious disabilities and
that many persons with disabilities were either forced to leave school
due to lack of accessibility or were receiving a low quality education
at the special education schools. The confederation stated that, of the
10 universities in Athens, only two were accessible to persons with
disabilities.
In June members of a special parliamentary committee for persons
with disabilities said that unemployment of persons with disabilities,
estimated to be approximately 80 percent, was the greatest social
problem these persons faced.
The law states that individuals may be confined in mental hospitals
only under a court order. In May 2007 the ombudsman for human rights
reported that 94 percent of persons confined in mental hospitals were
there under a prosecutor's order but that, in 84 percent of these
cases, the decision to confine the patient was not supported by a
corresponding court decision. As a result, the rights of mentally ill
persons were not effectively protected. The ombudsman further found
that 97 percent of mentally ill persons had been transferred to mental
hospitals by police, sometimes handcuffed and escorted as ``dangerous
persons'' rather than as patients.
National/Racial/Ethnic Minorities.--Roma continued to face
widespread governmental and societal discrimination, including
systematic police abuse; mistreatment while in police custody; regular
raids and searches of Romani neighborhoods for criminal suspects,
drugs, and weapons; limited access to education and segregated
schooling; forced illegal evictions; demolitions of dwellings (which in
many cases were shacks made of cardboard, plastic sheets, and
corrugated tin on the edge of city dumps); and a lack of running water,
electricity, or waste removal.
During the year AI criticized the Government for its treatment of
Roma, stating that the Romani community continued suffering forced
evictions and home demolitions and that Roma faced discrimination and
racist attacks from both representatives of local administrations and
society in general. Other international human rights organizations and
entities, including the European Committee of Social Rights, the
International Helsinki Federation, the European Commission against
Racism and Intolerance (ECRI), the UN special rapporteur, and the
Council of Europe commissioner for human rights, identified numerous
shortcomings in government policies regarding the Romani community,
including the failure to provide a sufficient number of dwellings for
settled Roma or camps for Roma who follow an itinerant lifestyle;
systematic eviction of Roma from sites or dwellings; segregation of
Roma into substandard housing that lacked water, sanitation, and other
basic services; denial of access to education for Romani children; and
denial of access to health and social programs.
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 at year's end. 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.
There were frequent police raids on Romani settlements and reports
of harsh treatment of them by police. The ombudsman held a conference
on Roma issues in December 2007 at which he highlighted that, in
virtually all categories, Roma were the most marginalized group in
society. He criticized the Government and society as apathetic and
indifferent toward measures that would support the Romani community,
particularly in connection with housing and access to education. Roma
continued to face problems in registering for an identity card in
municipalities, without which they could not access basic civic
opportunities such as voting, contributing to social security, or
obtaining marriage, commercial, or driver's licenses, or a mortgage.
The ombudsman criticized the lack of a central authority to coordinate
action and to monitor government initiatives to tackle long-standing
Romani problems.
In April, on International Roma Day, the ombudsman noted that
society's tolerance of the desperate living conditions of the Roma
constituted degrading treatment. The GHM reported that the situation
for the Roma had worsened since 2007 and the National Commission for
Human Rights said that the unaddressed civil rights problems facing the
Roma were dimming hopes for Romani integration into, and coexistence
with, the rest of society.
In April an academic reported that life expectancy for Roma was 55
years (compared to 79 for the rest of the population), 90 percent of
Romani children were not vaccinated, the rate of hepatitis B among Roma
was three times higher than the rest of the population, and that the
rate of incarceration for Roma was seven times higher than that of the
general population.
Also in April a truck unloading garbage in the Aspropyrgos dump
killed a pregnant 17-year-old Romanian Romani teenager foraging for
food.
Local authorities continued to harass and threaten to evict Roma
from their camps or other dwellings. In April the International Center
for the Legal Protection of Human Rights, in partnership with the GHM,
filed a complaint against Greece with the European Committee of Social
Rights. The complaint detailed serious and widespread violations of the
Romani community's right to housing.
In July the Misdemeanors Court of Athens convicted three employees
of the extreme right-wing weekly newspaper Eleftheros Kosmos to seven-
month suspended sentences for racist articles against the Roma.
Government ministries continued projects to address the chronic
problems of the Romani community, including training courses for civil
servants, police, and teachers to increase their sensitivity to Romani
problems; the development of teaching materials for Romani children;
the establishment of youth centers in areas close to Romani
communities; and the deployment of mobile health units and community
social workers to address the needs of itinerant Roma. However, these
programs reportedly did not always reach the intended target
communities or were of limited effectiveness. Roma complained that
government-sponsored housing loans, for amounts up to 60,000 euros
(approximately $90,000), were insufficient for purchasing housing, and
that the loan application process was too slow. The Government blamed
incomplete applications for loan delays.
Neo-Nazi groups reportedly attacked immigrants during the year.
Five Pakistanis were injured and one was hospitalized at an attack in
November 2007 on a western Athens house rented by Pakistani immigrant
workers. The Greek-speaking neo-Nazi skinheads entered the house after
kicking and smashing doors and windows. A similar attack took place in
January, but without injuries. Police did not find the perpetrators and
stated that they were investigating the allegations. No results were
announced by year's end.
Albanian immigrants, who made up approximately 5-7 percent of the
population, faced widespread societal discrimination, although Albanian
community representatives said that this was slowly decreasing over
time. Immigrants accused police of physical, verbal, and other
mistreatment. They also reported the confiscation and destruction of
personal documents, particularly during police sweeps to apprehend
undocumented immigrants. According to AI, the GHM, and the ombudsman,
the police rejected complaints by Albanians of mistreatment as
unfounded, even when the complaints were supported by documents such as
certificates from state hospitals concerning recent injuries, issued
shortly after the complainants' release from police stations.
Community leaders reported that it was difficult for ethnic
Albanians and other immigrants to be granted citizenship, even after
all objective citizenship requirements had been met. Government
procedures for granting citizenship are confidential, and the Ministry
of the Interior and Public Order is not obliged to explain the reasons
for rejecting an application. Immigrant community leaders noted that
the ministry regularly rejected the applications of immigrants who
believed that they met all citizenship criteria. Applying for
citizenship was further discouraged by the 1,500 euro (approximately
$2,100) nonrefundable application fee. During the year the ombudsman
noted that delays in citizenship procedures were excessive and
unjustified. The ombudsman reported that few applications for
citizenship were accepted by the Ministry of the Interior and Public
Order and that many applications were pending for years, even if the
applicants met all requirements.
A number of Greek 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 officially identified as ``minorities'' or ``linguistic
minorities.'' The Government considers the 1923 Treaty of Lausanne as
providing the exclusive definition of minorities in the country and
defines the rights they have as a group. In accordance with this view,
the Government recognizes only a ``Muslim minority.'' The Government
does not confer official status on any indigenous ethnic groups, nor
does it recognize ``ethnic minority'' or ``linguistic minority'' as
legal terms. However, the Government affirmed an individual right of
self-identification.
Many individuals who defined themselves as members of a
``minority'' found it difficult to express their identity freely and to
maintain their culture. Use of the terms Tourkos and Tourkikos
(``Turk'' and ``Turkish'') is prohibited in titles of organizations,
although individuals legally may call themselves Tourkos. Associations
with either term in their name were denied official recognition. To
most ethnic Greeks, the words Tourkos and Tourkikos connote Turkish
identity or loyalties, and many ethnic Greeks objected to their use by
Greek citizens of Turkish origin.
Some members of the Pomak community claimed they were pressured by
members of the Turkish-speaking community to deny the existence of a
Pomak identity as separate from a Turkish identity. Media in
Thessaloniki reported in October that two editors of Millet, a local
paper published in Turkish, were given 12-month suspended sentences for
inciting hatred against the Pomak community.
The Government did not recognize the existence of a Slavic dialect,
called ``Macedonian'' by its speakers, spoken in the northwestern area
of the country. A small number of Slavic speakers insisted on self-
identifying as ``Macedonian,'' a designation that generated strong
opposition from other Greeks. These Slavic speakers 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 ethnic (and linguistically) Greek
citizens also use the term ``Macedonian'' to identify themselves.
Other Societal Abuses and Discrimination.--The NGO Greek Homosexual
Community (EOK) alleged that police often abused and harassed
homosexuals and transvestites and subjected them to arbitrary identity
checks and bodily searches in public places.
There were no reports of discrimination against persons with HIV/
AIDs.
Section 6. Worker Rights
a. The Right of Association.--The law provides that all workers,
with the exception of members of the military services, have the right
to form and join independent unions of their choice without any
previous authorization or excessive requirements, and workers exercised
this right. Approximately 30 percent of the total labor force was
unionized. There were no unionized agricultural employees. The law
allows unions to conduct their activities without interference, and the
Government protected this right in practice.
The law provides for the right to strike, and workers in the
private sector and in public corporations exercised this right in
practice. Police have the right to organize and demonstrate but not to
strike. There are some legal restrictions on strikes, including a
mandatory notice period of four days for public utilities and 24 hours
for the private sector. The law mandates minimum staff levels (as
determined by management) during strikes affecting public services.
Courts may declare a strike illegal; however, such decisions were
seldom enforced. Unions complained that this judicial power deterred
some of their members from participating in strikes. Courts declared
some strikes (of transportation workers, air traffic controllers,
garbage collectors, customs employees, and others) illegal during the
year for reasons such as the failure of the union to give adequate
advance notice of the strike or the introduction of new demands by a
union during the course of the strike, but no workers were prosecuted
for striking.
b. The Right to Organize and Bargain Collectively.--The law
generally provides for the right to bargain collectively in the private
sector and in public corporations, and unions exercised this right
freely. No antiunion discrimination was reported during the year.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forced or compulsory labor, including by children; however, there
were reports that women, children, and occasionally men were trafficked
for commercial sexual exploitation or labor.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace and prohibits
forced or compulsory labor; however, the Government did not adequately
protect children, including Roma, who were trafficked for commercial
sexual exploitation as well as for labor, such as begging on the
street.
The minimum age for employment in the industrial sector is 15, with
higher limits for some activities. The minimum age is 12 in family
businesses, theaters, and the cinema. These limits were enforced by
occasional spot checks and were generally observed. Families who
engaged in agriculture, food service, and merchandising were often
assisted by younger family members on at least a part-time basis.
Child labor was a problem, although international and local
observers agreed that the number of working children had decreased in
recent years. A number of children begged or sold small items in the
streets. The Government and NGOs reported that the majority of beggars
were either indigenous or Albanian Roma. Local children's advocates
estimated that a large number of the 150,000 children under 18 years of
age who dropped out of school each year ended up in the labor market,
often in poorly- paid and arduous positions. Jobs for dropouts included
washing cars, pumping gas, construction, and low-level service sector
employment.
In December HRW reported that unaccompanied migrant children were
particularly vulnerable to labor exploitation. These minors worked
mainly in the agriculture, construction, and garment-manufacturing
sectors, all in situations that violated the law. Farm and construction
jobs, in particular, were reported to be hazardous to the children's
health. All of the children that HRW interviewed were paid below the
minimum wage and many worked 12 hours or more per day.
There were reports that children from Albania were trafficked and
forced to beg; however, antitrafficking NGOs reported a decrease in
trafficking as more Albanian parents entered the country legally with
their children. Some parents forced their children to beg for money or
used their children to elicit sympathy while begging for money.
The labor inspectorate is responsible for enforcement of labor
legislation; however, trade unions alleged that enforcement was
inadequate due to serious labor inspectorate understaffing.
e. Acceptable Conditions of Work.--The national minimum wage of 31
euros (approximately $47) per day and 680 euros ($1,020) per month
provided a decent standard of living for a worker with a family. Wages
were officially the same for local and foreign workers, but there were
reports of undocumented foreign workers being exploited by employers
who paid low wages and made no social security contributions.
The maximum legal workweek is 40 hours in the private sector and
37.5 hours in the public sector. The law provides for at least one 24-
hour rest period per week, mandates paid vacation of one month per
year, and sets limits on the amount of overtime worked. Premium pay and
authorization by the Ministry of Employment is required by law for
overtime work. The labor inspectorate is responsible for enforcement of
labor legislation; however, trade unions alleged that enforcement was
inadequate, especially in the construction and public works sectors,
due to inadequate inspectorate staffing.
The law provides for minimum standards of occupational health and
safety. The Greek General Confederation of Labor characterized health
and safety laws as satisfactory but stated that enforcement by the
labor inspectorate was inadequate. Workers do not have the legal right
to remove themselves from situations that they believe endanger their
health; however, they have the right to lodge a confidential complaint
with the labor inspectorate. Inspectors have the right to close down
machinery or a process for up to five days if they see safety or health
hazards that they believe represent an imminent danger to workers.
__________
HUNGARY
Hungary is a republic with a multiparty, parliamentary democracy
and a population of approximately 10 million. Legislative authority is
vested in the unicameral National Assembly. The president, who is
elected every five years by the National Assembly, is head of state and
appoints a prime minister from the majority party or coalition. The
April 2006 National Assembly elections were free and fair. Civilian
authorities generally maintained effective control of the security
forces.
The Government generally respected the human rights of its
citizens; however, problems remained and worsened, including in the
following areas: reports that police used excessive force against
suspects, particularly Roma; progovernment bias in state-owned media;
extremist violence and propaganda against ethnic and religious minority
groups; and government and societal corruption. Other human rights
problems included societal violence against women and children, sexual
harassment of women, and trafficking in persons. Extremists
increasingly targeted Roma and other dark-skinned persons. A series of
violent attacks against Roma led to four deaths and multiple injuries.
Discrimination against Roma in education, housing, employment, and
access to social services continued. Violence and abuse directed at
gays continued to be a problem.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, nongovernmental
organizations (NGOs) continued to report that police harassed and used
excessive force against suspects, particularly Roma.
According to the office of the chief public prosecutor, 15
complaints of police mistreatment and 10 of use of force during
interrogation were filed during the first six months of the year. The
complaints resulted in 18 indictments of police officers. NGOs asserted
that most complaints were made by Roma and other dark-skinned persons;
however, due to privacy laws, no information was available on the
persons who filed the complaints.
During the year authorities continued to investigate accusations
that police mistreated six Romani men in June 2007 during an identity
check. No information about the status of the investigation was
available at year's end.
On January 23, the Budapest prosecutor's office began an
investigation into claims that a young woman may have falsely accused
five police officers of rape in May 2007. The officers were cleared of
the charge in December 2007 for lack of evidence. The woman, however,
filed a separate criminal case against the officers. The investigation
and criminal case were pending at year's end.
On July 1, the Budapest prosecutor's office charged three police
officers from Somogy County with abuse for humiliating two mentally
retarded men during questioning about a February 2007 theft. The case
was pending at year's end.
Actions by the national police and other law enforcement officers
to control violent, large-scale antigovernment demonstrations in
September and October 2006 continued to be a subject of public concern.
An estimated 326 demonstrators and 300 police officers were injured,
and 380 protestors were either arrested or detained. Opposition parties
and NGOs alleged that police had excessively and illegally used water
cannons, tear gas, and rubber bullets to break up the demonstrations.
Approximately 199 criminal investigations were conducted into
allegations of police misconduct during the demonstrations; most were
closed without charges. Eighteen police officers were charged with
suspicion of causing bodily injuries. Of that number, five were
sentenced and 13 cases were pending at year's end.
In civil proceedings, the Budapest municipal court issued six
verdicts during the year, ordering police authorities to pay 7.2
million forint (approximately $38,170) to compensate six demonstrators
who were either beaten or illegally detained.
For example, one person who was kicked in the stomach, handcuffed,
and detained for half a day was awarded 500,000 forints ($2,650) for
violations of human dignity and personal freedom. In a number of cases,
criminal charges were not filed because the police officers who
committed the alleged abuses could not be identified.
On January 1, a new law took effect prohibiting the use of rubber
bullets by police. The National Assembly adopted the measure in June
2007 in response to recommendations from an independent committee and
the Hungarian Civil Liberties Union (HCLU) that investigated the 2006
demonstrations.
Some officials expressed frustration over police misconduct during
the 2006 demonstrations and the inability of courts to resolve cases
expeditiously. On June 9, President Laszlo Solyom said the state and
the rule of law were ``gravely injured'' by the failure to bring more
police officers to justice. A judge who presided over a case against a
police officer said he was dissatisfied with the testimony of police
officers who testified in support of the officer and accused some of
lying.
On January 21, the Budapest Prosecutor General fired Gergely Varga
in connection with statements he allegedly made prior to assuming a
position as office spokesman. According to a secret tape recording made
by a journalist, Varga pressured witnesses not to testify against his
police officer friend who was on trial for his actions in the 2006
demonstrations. Varga said that his friend and other police officers on
trial were innocent and falsely claimed that he knew the actual
perpetrators.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted visits by independent human rights observers.
Prison overcrowding was a problem; however, it continued to
decline, and the Government opened two new prisons during the year. The
overall prison population dropped to 117 percent of capacity, compared
with 132 percent in 2007. At year's end, 14,736 inmates were held in
prison and detention centers. Juveniles were not held together with
adults.
According to the Hungarian Helsinki Committee (HHC), prison
overcrowding was accompanied in some instances by a severe shortage of
bed linens, towels, clothing, and inadequate medical care. Sanitation
and toilet facilities were also poor in certain facilities; in some
prisons toilets were not separate from living spaces. Many police
holding cells did not have toilets and lighting and ventilation were
often inadequate.
According to authorities, seven inmates committed suicide during
the year.
At year's end an investigation continued into allegations that
prison guards in October attacked an inmate in the Miskolc Prison. The
inmate reported that he was beaten after a disagreement with a guard,
and spent 29 days recovering from his injuries.
On September 4, the civil rights ombudsman released a report
alleging that the constitutional rights of juvenile prisoners to life
and dignity were at risk. The ombudsman opened an investigation into
juvenile prison conditions following a death at a juvenile prison in
Tokol where a prisoner was killed in October 2007.
The HHC reported that it made four visits to various prisons during
the year and was allowed to meet with prisoners without third parties
present.
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 Hungarian National
Police (HNP), which operates under the direction of the Ministry of
Justice and Law Enforcement, is responsible for enforcing laws and
maintaining order nationwide. Twenty regional police departments are
directly subordinate to the HNP; city police are subordinate to the
regional police and have local jurisdiction. Three organizations within
the HNP have national jurisdiction: the Republican Guard, the National
Bureau of Investigation, and the Emergency Police (formerly called
Rebisz), who are also responsible for counterterrorism and crowd
control.
Corruption within law enforcement agencies remained a problem. In
contrast with 2007 there were no major scandals or charges of criminal
acts by police that led to the dismissal or resignation of senior law
enforcement officials. Penalties for police officers found guilty of
wrongdoing include reprimand, dismissal, and criminal prosecution.
During the year, 1,762 policemen were held responsible for breaching
discipline; 616 for misdemeanor offenses; 13 were declared unfit for
duty, and 262 were charged with committing a crime.
As of October three policemen were sentenced to prison and 30
received suspended sentences; 152 were fined, 2 were demoted, 2 were
dismissed, 20 were reprimanded, and 17 were placed on probation. In
addition, 22 police officers were convicted of corruption.
In October 2007 the HHC reported that law enforcement officials
accused of a crime routinely received preferential treatment from the
courts. According to the committee, police officers were generally not
suspended during criminal proceedings and received disproportionately
light punishments. In addition, a special provision in the penal code
allows courts to clear convictions from the official record, thereby
allowing police officers to continue working.
On January 1, an Independent Police Complaints Board (IPCB) began
operating to investigate violations by police and border guards. The
five-member body appointed by the National Assembly functions
independently of police authorities. At year's end the board received
194 complaints filed by citizens. Of that number, the IPCB reviewed 109
and found substantial legal violations in 64 cases. The board forwarded
31 cases to the national police chief, who agreed with the findings in
three cases, partially accepted the findings in four cases, and
rejected the remainder.
A mobile police unit established in 2007 within the HNP to monitor
legality of police acts around the country continued to operate. The
HNP also continued to operate toll-free phone line for citizens to
report police abuses.
Arrest and Detention.--Under the law police must obtain a warrant
from a prosecutor's office, a court, or from the police department to
make arrests. Police must inform suspects of the charges against them
and of the section of the criminal code under which they are acting.
Persons may be subject to ``short-term arrest'' if they are caught
committing a crime or are suspected of committing a crime. Short-term
arrest generally lasts eight hours, but may be 12 hours in exceptional
cases. However, if suspects have no identification and pose a threat to
public security, police may detain them for 24 hours. Police and the
prosecutor's office can order detention for 72 hours for suspects who
are caught in the act when their identity cannot be established or if
conditions justify pretrial detention. If pretrial detention is not
ordered within 72 hours, the person must be released.
There is a functioning bail system. Suspects must be informed of
their right to counsel. Representation by defense counsel is mandatory
when defendants face a charge carrying five years or more in prison;
are in detention; 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. If
participation of a defense counsel is required, defendants have three
days to hire an attorney, otherwise authorities will appoint one.
According to the Office of the Prosecutor General, there were 1,891
persons in pretrial detention as of July 31. Of these, 278 had been
detained between six months and one year and 38 had been detained for
over one year.
In most cases the law permits detainees to notify relatives or
others of their detention unless notification would jeopardize the
investigation. If the detainee cannot exercise this right, police must
perform the notification. However, NGOs reported that in practice this
provision was not fully respected. Under the law persons who were
detained and later acquitted may receive monetary compensation.
According to NGO reports, Roma were more frequently held in
pretrial detention than non-Roma and were subjected to racial
profiling. Research conducted by the HHC with data from the HNP and the
National Police College showed that Roma were three times more likely
to be stopped for identification checks than non-Roma, despite data
suggesting that Roma are no more likely to be involved in unlawful
activities than non-Roma.
e. Denial of Fair Public Trial.--The law and the constitution
provide for an independent judiciary, and the Government generally
respected judicial independence in practice.
The country has a four-tier judicial system consisting of local and
county courts, appellate courts, and the Supreme Court, which exercises
control over the operations and judicial procedures of all other
courts. There is also an 11-member Constitutional Court, which is
elected by the National Assembly and independent of the judicial
system. It is charged with reviewing the constitutionality of laws and
international treaties ratified by the Government. Citizens may bring
cases directly to the Constitutional Court.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right.
Trials are generally public, but in some cases judges may close a
trial to protect the accused or the victim. In July the Government
eliminated a 1986 Ministry of Justice rule that regulated media access
to police and judicial proceedings. The Hungarian Civil Liberties Union
(HCLU) routinely criticized the courts for restricting the media's
access to the courtroom.
There is no jury system; judges are the final arbiters. Judicial
proceedings generally are investigative rather than adversarial.
Defendants are presumed innocent until proven guilty and are entitled
to counsel and can be present during all phases of criminal
proceedings. Counsel is appointed for indigent persons, but public
defenders were generally considered to be substandard.
In January the HHC proposed reforms to the public defender system
to address critical shortcomings. For example, the HHC cited as
specific areas of concern low salaries, uneven service quality, and a
questionable process whereby investigating authorities appointed the
defense council. The HHC proposed that public defenders should be
appointed by an independent legal aid organization and their work
should be regularly checked by a professional committee.
Judicial proceedings varied in length; delays of several months to
a year were common. Defendants may challenge or question witnesses and
present witnesses and evidence on their own behalf. They have access to
government-held evidence relevant to their cases. The defendants have
the right of appeal.
The law extends rights to all citizens; however, human rights and
Romani organizations claimed that Roma received unequal treatment in
the judicial process.
On March 26, Transparency International (TI) released a report that
criticized courts for lacking sufficient transparency and
accountability. The report recommended introducing clear ethical
standards in court bodies, making the operation of the National Justice
Administration Council transparent and open to the public, and making
court documents accessible.
Military trials follow civil law and may be closed on national
security or moral grounds. In all cases sentencing must take place
publicly. Civilians may not be tried in military courts.
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. Under the law persons may
initiate lawsuits to seek damages for human rights violations; however,
fines levied in such cases are often too small to deter violators.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. An independent press, a functioning judiciary, and
a democratic political system combined to ensure freedom of speech and
of the press; however, there were charges that the government-owned
media were politically biased.
Individuals could criticize the Government in public or private
without reprisal; however, individuals, including journalists, can be
held liable for their statements or for publicizing libelous statements
made by others. Libel is a criminal offense. Officials continued to
resort to libel laws to claim compensation for perceived injuries to
their character.
The National Television and Radio Commission is responsible for
monitoring public and commercial broadcasting outlets, and for granting
licenses and frequencies. The head of the seven-member board is
nominated jointly by the president and the prime minister; six other
members are appointed by the National Assembly, half by governing
political parties and half by the opposition. The board monitors news
broadcasts to ensure equal treatment of all political parties; however,
opposition parties continued to claim that news coverage in state-owned
media was biased in favor of the Government.
On November 5, the Supreme Court acquitted Gyula Thurmer, president
of the Hungarian Communist Workers Party, and six coworkers who had
been charged with libel after describing a 2005 decision by municipal
court chairman Laszlo Gatter as politically motivated.
Under the law, a person targeted by hate speech can file a civil
suit. ``Hate mongering'' is considered a criminal offense if it leads
to physical assault.
On June 30, the Constitutional Court ruled in favor of President
Solyom's veto of a hate speech law stating that the right to free
speech cannot be denied solely because comments are offensive to
others. In October 2007 the National Assembly adopted two measures to
criminalize offensive remarks in cases where a person's ethnic, racial
or religious group-rather than the individual person-was insulted.
The law prohibits public displays of certain symbols, including the
swastika, hammer and sickle, red star, and arrow cross, a symbol
associated with the country's fascist World War II government.
On December 20, Hungarian Workers Party Deputy Chairman Attila
Vajnai and four colleagues were detained at a demonstration in Budapest
for displaying Communist red stars. They were detained in spite of a
finding in July by the European Court of Human Rights (ECHR) which said
Vajnai's right to freedom of expression had been restricted when he was
detained and fined in 2003 for displaying the red star. The ECHR also
stated that the country's laws banning the use of totalitarian symbols
are indiscriminately applied and too broad. On July 14, Vajnai appealed
to the Constitutional Court to lift the ban on the use of the Communist
red star. His appeal was pending at year's end.
The independent media were active and expressed a wide variety of
views without restriction; however, state-owned radio and television
stations, which accounted for 18 percent of the media market, featured
a generally progovernment point of view.
The cases of two journalists who were arrested by police while
reporting on a demonstration in November 2007 were resolved during the
year. Police said they arrested the journalists because they were
interspersed among demonstrators at an illegal protest in Budapest.
They were also fined approximately 40,000 forints (approximately $212)
each for ``disobeying authorities.'' Human rights NGOs and journalists'
organizations protested the arrests as a violation of freedom of the
press and an infringement on the public's right to information. One of
the journalists was acquitted; the second was convicted and paid a
reduced fine of 15,000 forints ($80).
There were no developments during the year in the 2007 appeals
filed by two photo journalists who said they were harassed by police in
2006 while covering a street brawl after a soccer match. The Budapest
prosecutor's office had dismissed the case for lack of evidence.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
The Internet was widely available and approximately 39 percent of
the population had access to the Internet, which was a four percent
increase from 2007.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected this right.
Freedom of Assembly.--Under the law event organizers must inform
police of a public assembly at least three days in advance. On May 26,
the Constitutional Court, acting on a recommendation from the Ministry
of Justice and Law Enforcement, ruled that police were no longer
required to disband any assembly held without prior notification. The
court ruled that a spontaneous rally which is otherwise lawful must not
be disbanded due to the organizers' failure to inform police in a
timely fashion.
On June 19, following criticism by the HHC and other civil society
organizations, the Budapest police revoked a ban on a gay pride parade
scheduled for July 5. The city's police chief had previously stated
that the event would obstruct important traffic routes in central
Budapest. The parade occurred, although marchers were subjected to
verbal and physical abuse from counter-demonstrators.
On July 30, the Pest County police fined Fidesz party official
Gyula Budai 40,000 forints ($212) for holding a press conference on
June 11 without notifying the police. Police officials claimed that
Budai had violated the assembly laws, but subsequently reversed their
decision. On August 13, police officials stated that the assembly act
does not apply to press briefings and prior police notification is not
required.
On October 7, the ECHR ruled that authorities violated the right to
assembly when they refused to allow a few dozen persons to stage a
candlelight demonstration outside former Prime Minister Medgyessy's
house in 2004.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right.
On December 16, the Budapest municipal court ruled in favor of the
prosecutor's office civil suit to disband the extremist Magyar Garda
Association (MGA) for abusing the right to form an association and for
conducting activities that infringe upon the freedom and rights of
Roma. The MGA was formed in 2007 by the Movement for a Better Hungary
(Jobbik) following violent 2006 antigovernment demonstrations to
``preserve the country's traditions and culture.''
In its ruling, the court declared that, despite its stated purpose,
MGA actions violated the country's law on associations and created an
anti-Romani atmosphere. For example, in March MGA members staged a
rally in Tatarszentgyorgy that attracted Magyar Garda paramilitary
sympathizers who said ``gypsy crimes'' were a threat to public safety.
The MGA had also staged marches in other small towns and rural
communities dressed in uniforms and carrying flags associated with a
World War II fascist organization, the Hungarian Arrow Cross Party. The
MGA appealed the ruling, and the case was pending at year's end.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right.
There is no state religion, and under the law every registered
religious group is entitled to the same rights. The four ``historical''
religious groups (Catholic, Reformed, Lutheran, and Jewish), received
93 percent of state financial support provided to religious groups.
According to Supreme Court records, 361 churches were registered as
of May. To register, religious groups must submit a statement to a
county court declaring that they have at least 100 followers. The court
determines whether the registration of the new group complies with
constitutional and legal requirements.
During the year the Reformed Church objected to the Government's
reported failure to disburse monetary subsidies to it, and in May filed
an official complaint with the Constitutional Court. On June 3, the
State Audit Office (ASZ) released an official report concluding that,
in 2005-06, the Government withheld 2.7 billion forints (approximately
$14.3 million) in subsidies from schools operated by religious
organizations.
Societal Abuses and Discrimination.--The Jewish population is
estimated to be between 80,000 to 100,000. During the year anti-Semitic
incidents, including vandalism, continued. The Federation of Jewish
Communities in Hungary reported that there had been an increase in
anti-Semitism compared to 2007 and expressed particular concern over
the publication of anti-Semitic articles in the national newspaper
Magyar Hirlap. They associated the increase with anti-Semitic groups
who took advantage of widespread discontent over the country's economic
difficulties.
The privately owned weekly newspapers Magyar Demokrata and Magyar
Forum continued to publish anti-Semitic articles.
There were several extremist Hungarian language Web sites, many of
which were openly anti-Semitic. At least two Web sites regularly
published verbal attacks against the Jewish community and repeatedly
called for physical violence against Jews. NGOs reported that the
Government monitored these Web sites for content to enforce the ban on
public display of such symbols as the swastika, hammer and sickle, the
red star, and the arrow cross.
On May 28, the mayor of Gyor, Zsolt Borkai, filed a report with
police after posters with national socialist content appeared in the
city's public areas. The posters featured a series of national
socialist slogans: ``We are coming! National Socialism! We cannot be
stopped! Join us!'' The poster also carried the address of a Web site
that proclaimed: ``Sixty-three years after World War II, we are here
again, to fight for our race and nation even more strongly and with
more dedication!'' The site also praised Hitler and other Nazi leaders.
Police did not investigate the allegations after they determined the
actions did not constitute a crime.
During the year two local school councils appointed a teacher, who
in 2007 posted a picture of himself on the Internet wearing an SS
uniform, to a school director position. While Minister of Culture
Istvan Hiller called on the councils to withdraw the appointment and
parents opposing the nomination held a protest in front of the town
hall, the local councils refused to withdraw the appointment.
On July 17, members of a Budapest district council informed police
about the reported screening of the 1941 Nazi propaganda and anti-
Semitic film Jud Suss. Police investigated two brothers who were
suspected of showing the film without the required permission from the
German Foundation. The brothers also allegedly sold Nazi and neo-Nazi
objects as part of a business venture. The brothers responded by filing
a complaint with the Budapest chief prosecutor's office claiming that
the investigation lacked legal merit. The prosecutor's office agreed,
saying their acts did not constitute ``hate mongering.'' However,
police continued the investigation into the men's activities.
On September 28, seven masked extremists attacked patrons at the
Budapest Jewish Theater, dousing them with acid and animal feces. A
neo-Nazi blogger claimed responsibility for the acts but said the
intended target was the show's Jewish playwright, Zoltan Toepler. The
theater had reportedly requested police security for the performance
after several persons associated with the production received
threatening messages. Police were scheduled to provide security, but
reportedly received information that the event had been cancelled. They
arrived later, but not in time to apprehend the attackers.
On October 10, two members of the National Assembly, Sandor Lezsak
and Zoltan Balog, were accused of making anti-Semitic comments during a
public ceremony honoring Ottokar Prohaszka, a Catholic bishop turned
member of the National Assembly from the early twentieth century.
Prohaszka was considered by many groups to have been an anti-Semite and
described as ``a leading figure of conservative anti-Semitic ideology''
by the Budapest Holocaust Memorial Center. The Hungarian Catholic
Church has rejected has rejected the charge. Lezsak praised Prohaszka
for ``raising his voice for curbing the cosmopolitan-parasite
element,'' while Balog stated, ``there is a need for the defense of the
Christian faith because if we let it be taken away from us then we
Hungarians will survive only in the biological sense.'' Media reports
accused Lezsak and Balog of anti-Semitism, noting that the
``cosmopolitan-parasite element'' was a reference to Jews.
According to police there were 365 reports of vandalism or
destruction of Jewish and Christian properties (31 in houses of worship
and 334 in cemeteries) during the first ten months of the year, as
compared to 287 reported cases in 2007 and 387 in 2006. Although police
and some religious authorities claimed that the incidents were acts of
vandalism and not manifestations of religious intolerance, some
religious leaders and members of human rights organizations thought
otherwise.
The prime minister, senior government officials, and
representatives of other parties routinely countered various extremist
demonstrations, and initiated and participated in several
demonstrations during the year.
On April 29, the anti-Semitic motorcycle gang, Goy Cyclists,
planned a protest at the headquarters of a national daily which had
published a satirical article branding them as ``Nazis.'' The prime
minister joined approximately 300 counterdemonstrators at the protest.
On May 9, the prime minister announced the formation of the
Democratic Charter, a new movement dedicated to combating violence and
halting extremism. On September 18, the Democratic Charter staged its
first antiextremism rally, which attracted approximately 4,000
participants including the prime minister, the mayor of Budapest, and
members of opposition parties.
The Government distributed compensation to some Holocaust survivors
during the year, but the Compensation Office continued to be hindered
by bureaucracy and inefficiency resulting in denial of large numbers of
claims. For example, the Compensation Office reported that, of the
5,600 claims filed by U.S. Holocaust survivors, 4,500 have been denied.
The denials most frequently result from insufficient documentation
provided by the claimant. The NGO Bet Tzedek described the Hungarian
documentation requirement as ``onerous'' and stated it creates
unrealistic obstacles that most claimants are unable to overcome.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights. The
Government cooperated with the Office of the UN High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in providing
protection and assistance to refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
The law does not provide for forced exile, and the Government did
not employ it.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees.
In practice the Government provided protection against the
expulsion or the return of refugees to countries where their lives or
freedom would be threatened.
During the first six months of the year, the Office of Immigration
and Nationality received 1,218 applications for refugee status of which
it approved 99. The Government also provided temporary protection to 31
individuals who did not qualify as refugees under the 1951 convention
and the 1967 protocol.
On August 1, a regional representative from the UNHCR raised
concerns over the Government's treatment of refugees following a fight
between asylum seekers in a refugee camp on July 30. The representative
cited scarce funding, staffing cuts, limited access to healthcare, and
poor food quality as the primary areas of concern.
Changes in the law, which took effect on January 1, improved the
conditions under which authorities detain asylum seekers. Maximum
detention periods were reduced from one year to six months and the
Government widened the circle of family members who could be included
as part of an asylum case.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--In April 2006 Prime
Minister Gyurcsany and his Socialist-Liberal coalition were returned to
office in a free and fair election. The coalition subsequently
dissolved, leaving the Magyar Szocialista Part (MSzP) as the sole
governing party.
There were no government restrictions on political parties.
There were 43 women in the 386-seat National Assembly and two women
in the Council of Ministers.
Due to data privacy laws, no information was available on the
number of minorities in the National Assembly or the Council of
Ministers.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials were widely believed to
engage in corrupt practices with impunity. According to the World
Bank's Worldwide Governance Indicators, government corruption was a
problem. Low-level corruption among law enforcement officials also
remained a problem.
The law requires members of the National Assembly, high-level
government officials, civil and public servants, and law enforcement
officials to disclose their financial status on a regular basis.
An 18-member anticorruption coordination board established in June
2007 to analyze corruption encountered difficulties during the year.
The board originally consisted of cabinet members, representatives of
nongovernmental state institutions, and NGOs. However, in December,
three NGO representatives left the board, citing frustration that none
of the board's recommendations, including a complex anti-corruption
strategy, had yet been adopted.
On March 3, the Government established a National Antifraud Council
(HENT) to counter black market activity and fraud. The council consists
of representatives of six ministries, three law enforcement agencies
and 10 property rights interest groups. Its goals included setting up a
uniform database to track the black market and drafting a comprehensive
strategy to address the problem.
Corruption in the executive and legislative branches reportedly
increased during the year, and there were numerous cases of alleged
corruption that received significant public attention during the year.
For example, on May 14, the Bacs-Kiskun County prosecutor's office
charged former Socialist Party (MSZP) National Assembly member Janos
Zuschlag and 15 accomplices with fraud. The defendants were accused of
building a network of civilian groups between 1995 and 2001, securing
state subsidies under false pretenses, and issuing false reports and
fraudulent invoices. Using nearly 75 million forints (approximately
$400,000) in state funds, the defendants allegedly financed private
enterprises and an election campaign. Criminal proceedings were pending
at year's end.
On August 7, the Budapest prosecutor general's office ordered the
Budapest police to investigate allegations of corruption and misuse of
funds in connection with the creation of the official government
spokesman's Web site. The Government solicited bids to develop the
website and eventually settled on a 200 million forints ($1.1 million)
contract. Critics stated that the Web site's poor design and content
did not justify the outlay of money. An investigation into the alleged
misuse of funds was pending at year's end.
The law provides for access to government information and the
Government generally provided it upon request. However, many court
rulings remained unavailable to the public. During the year the HCLU
filed several lawsuits against the Government for hindering access to
public information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language or social status; however, in practice, widespread
discrimination persisted, particularly against Roma. Violence against
women, child abuse, and trafficking in persons were also problems.
As of September 30, the Equal Treatment Authority (ETA), which
monitors enforcement of antidiscrimination laws, received 964
complaints. Of that number, the ETA launched 443 inquiries; 27
discrimination complaints were determined to be justified. In those
cases the ETA ordered employers to stop the illegal activity, to
restrain from further wrongdoing and, in six cases, pay penalties
ranging from 500,000 to three million forints ($2,650 to $15,900).
Women.--Rape, including spousal rape, is illegal, but the crime was
often unreported. Penalties for rape range from two to eight years in
prison to as long as 15 years in aggravated cases.
The 2007 country report by the UN Committee on the Elimination of
Discrimination Against Women criticized the Government for its narrow
definition of rape. Under the law, a sexual assault is considered to be
rape only if it involves the use of force.
During the first six months of the year, police investigated 93
rape-related cases, which led to 60 indictments for rape. No figures
were available on the number of convictions.
The law does not specifically prohibit domestic violence or spousal
abuse. The charge of assault and battery, which carries a maximum
prison term of eight years, was used to prosecute domestic violence
cases. According to the HNP, 2,137 women were reported to be victims of
domestic violence during the first ten months of the year, compared to
2,593 in all of 2007; however, most incidents of domestic violence went
unreported due to fear and shame on the part of victims. Expert
research in the field of family violence indicated that approximately
20 percent of women in the country had been physically assaulted or
victimized by domestic violence. However, prosecution for domestic
violence was rare.
NGOs continued to criticize a law passed in 2006 that permits
courts to issue restraining orders to protect persons from abusive
spouses. Under the law, prosecutors must be willing to carry out a
court order, which they have been reluctant to do in the past.
Prosecution of abuse against women was difficult because of
societal attitudes that tended to blame the victim, and NGOs reported
that police remained reluctant to arrest abusers. Victims' rights
advocates indicated that the reluctance may have been due to a lack of
confidence that the judicial system would effectively resolve abuse
cases.
The Ministry of Social Affairs and Labor continued to operate an
Internet site on domestic violence and a 24-hour hot line for victims
of domestic abuse and increased the number of government-run shelters
for abused women from 10 to 11.
Prostitution is legal, but persons engaged in prostitution could
only work legally in certain locations, away from schools and churches.
Estimates of the number of persons regularly engaged in prostitution
varied from 7,000 to 9,000, rising to as many as 20,000 during the
summer tourist season. Many were either coerced or lured into
prostitution by pimps. The number of women under the age of 18 involved
in prostitution has reportedly increased over the past few years.
The law provides the right to a secure workplace and prohibits
sexual harassment, which is a criminal offense. While there were no
reports of sexual harassment to the ETA, it remained a widespread
problem that many women tolerated in the workplace because they feared
losing their jobs.
Under the law men and women have equal rights. During the year the
ETA did not report any cases of employers discriminating against women.
However, there was economic discrimination against women in the
workplace, particularly against job seekers older than 50 and those who
were pregnant. According to the Central Statistical Office, women
earned approximately 11 percent less than men.
Children.--The Government remained committed to children's rights
and welfare.
The law provides for free, compulsory education for children
through 18 years of age; however a 2006 study found that over 82
percent of Roma have eight years of education or less, compared with 36
percent of the rest of the population. Similarly, while an estimated 40
percent of the population had some form of secondary schooling, only
3.1 percent of Roma received a comparable education.
The public education system continued to provide inadequate
instruction for minorities in their own languages. Romani language
schoolbooks and qualified teachers were in short supply.
Segregation of Romani schoolchildren remained a problem. They were
often placed in remedial classes without cause, effectively segregating
them from other students. NGOs and government officials estimated that
20 percent of Romani children were in remedial programs. Many schools
with a majority of students had simplified teaching curricula. Schools
where Roma constituted the majority were generally more crowded, less
well equipped, and in significantly worse physical condition than those
attended by non-Romani students.
On November 19, the Supreme Court ruled in favor of the NGO Chance
for Children Foundation (CFCF) which had brought a desegregation
lawsuit against the municipality of Hajduhadhaz. The ruling stated that
the municipality and two of its primary schools had unlawfully
discriminated against Romani children by segregating them from non-
Romani students. CFCF had accused the local authorities of relegating
the Romani children to separate, poorly maintained buildings where they
used a simplified curriculum. Two additional CFCF lawsuits against the
local authorities of Jaszlandany, Gyor, and Kaposva were pending at
year's end.
On May 2, the National Assembly adopted a law requiring local
authorities operating schools to draw up an equal opportunity plan
against segregation. Noncompliant schools were prohibited from bidding
for EU funds. Local governments which submit a plan but fail to fulfill
their obligations must return EU funds.
On June 2, the National Assembly adopted a law to provide financial
assistance to seriously disadvantaged parents who send their children
to preschool. The new law will take effect January 2009. The Government
also began providing funds to preschools to initiate special programs
for disadvantaged children.
The Government also redrew public school district boundaries to
more equally distribute disadvantaged students. The new boundaries
ensure that no district has more than 25 percent of disadvantaged
students in their total school population.
NGOs and Romani activists claimed that Romani children did not have
equal access to medical care or other government services.
According to police, 3,801 crimes against children were reported
during the first ten months of the year, compared to 4,568 in 2007.
Police continued to lack the necessary training, capacity, and
institutional support to adequately protect children, particularly in
situations involving domestic violence. Girls were reportedly
trafficked for commercial sexual exploitation.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that women and girls were
trafficked to, from, through or within the country.
Victims were trafficked primarily for sexual exploitation, but
there were also reports of trafficking for domestic servitude and
manual labor, particularly for construction work. The principal
countries of origin were Slovakia, Romania, Ukraine, Moldova, Poland,
countries in the Balkans, and China. The principal destinations were
Austria, Germany, Spain, the Netherlands, Italy, France, Switzerland,
and the United States. There were also reports of trafficking to
Central America, Mexico, the Scandinavian countries, Japan, and the
United Kingdom. Internal trafficking of women for sexual exploitation
occurred.
There were no official estimates of the total number of women who
are trafficked from or through Hungary.
Persons at the greatest risk of being trafficked were orphans who
reached adulthood, young women from the countryside, and young Romani
women. The profile of trafficked persons was continued to change; the
average age of victims decreased, with children increasingly
trafficked.
According to government officials and NGOs, the majority of
traffickers were individuals or small, family-based groups. Organized
crime syndicates transported many of the trafficking victims to or
through the country for forced prostitution.
The principal recruitment methods used by traffickers included
advertisements for jobs abroad as au pairs, waitresses, or dancers. In
some cases the victims may have expected that they would be engaged in
prostitution in their destination countries but were not aware of the
coercive conditions they would face.
Under the law, the maximum punishment for trafficking is three
years imprisonment, or five years to life in prison if the crime
involves a child under 12. If an organized trafficking ring is
involved, the sentence for any kind of trafficking can be life
imprisonment and seizure of assets. Antitrafficking NGOs suggested that
the weakest features of the antitrafficking effort were the reluctance
of the prosecutor's office to prosecute cases and the large number of
street-level law enforcement officials who failed to appreciate the
importance of the problem. Police investigated 12 trafficking cases
during the first half of the year and forwarded three to the
prosecutor's office.
There was no evidence that government officials were involved in,
or tolerated, trafficking.
On March 26, the Government adopted a four-year national strategy
against trafficking in persons that established national
antitrafficking goals and priorities and assigned responsibilities to
various government agencies. The Government agencies most directly
involved in combating trafficking were the Ministry of Justice and Law
Enforcement, the Ministry of Foreign Affairs, the HNP, border guards,
and customs authorities. There also is an interministerial
countertrafficking working group and an International Trafficking Unit
within the National Bureau of Investigation.
The Government regularly cooperated with other countries in joint
trafficking investigations. During the first half of the year, seven
foreign nationals were extradited from the country on trafficking
charges.
There were approximately 60 regional and local victim protection
offices. Trafficking victims received psychological, social, and legal
assistance. The Ministry of Social Affairs and Labor operated a hot
line for victims of trafficking. Trafficking victims who cooperated
with police and prosecutors could receive temporary residency, short-
term relief from deportation, and shelter. During the year the
Government allocated 132 million forints (approximately $700,000) for
protecting trafficking victims.
The Government continued to work closely with domestic NGOs and the
International Organization for Migration to promote public awareness
programs about trafficking.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with 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 that there were 600,000 persons with
disabilities, while the disability organizations estimated the number
to be approximately one million.
NGOs expressed concern over the lack of independent oversight over
government-run long-term care institutions for persons with mental
disabilities. There were sporadic reports that employees of such
institutions used excessive restraint in dealing with patients, a
problem experts attributed partly to inadequate numbers of qualified
staff.
The international NGO Mental Disability Advocacy Center (MDAC)
criticized the Government for failing in its obligations to protect the
rights of persons who had been placed under the legal guardianship of
others. According to MDAC, one of the key problems was that there were
no alternatives to guardianship for persons with disabilities who
needed support in making certain decisions. According to research
conducted by MDAC in May 2007, 66,000 adults were deprived of legal
capacity.
In October the World Health Organization released a survey that
raised concerns about the state of mental health care in Hungary. The
survey found that there is a shortage of hospital beds and no
rehabilitation system in place to assist the most serious patients. The
minister of health responded to the survey by starting a nationwide
debate on a national health care plan.
In August 2007 the Government adopted a three-year, 100 billion
forint (approximately $530 million) program to improve the condition of
persons with disabilities and to integrate them socially by raising
their living standards and improving their access to rehabilitation
services, education, and employment.
A government decree requires all companies with more than 20
employees to reserve five percent of their jobs for persons with
physical or mental disabilities. The decree specifies fines for
noncompliance. Employers typically paid the fines rather than employ
persons with disabilities. Approximately nine percent of working-age
persons with mental disabilities were employed during the year.
Both the central government and the municipalities continued to
update public buildings to make them accessible to persons with
disabilities. The law requires all buildings operated by the central
government be accessible by 2010, and all those operated by the
municipalities must meet this goal by 2013. The lead agency for
protecting the rights of persons with disabilities is the Ministry of
Social Affairs and Labor.
National/Racial/Ethnic Minorities.--The Romani community is the
largest ethnic minority. According to data collected by the country's
central statistics office in 2007, 2 percent of the population is Roma;
however, unofficial estimates, which vary widely, suggest the actual
figure is much higher.
Reports of police abuse of Roma were common, but many victims
remained fearful of seeking legal remedies or of notifying NGOs. During
the year tensions between Roma and non-Romani groups intensified and at
times were marked by violence and killings.
During the year there were 20 reported incidents involving firearms
and explosives targeting Roma, including two attacks that killed four
Roma. On November 3, Romani homes were targeted with Molotov cocktails
and gunfire in the town of Nagycsecse killing a man and a woman. On
November 18, a hand grenade was thrown into the home of a Romani family
in Pecs killing two persons. In response to the attacks, the national
police chief established a 50-member investigation unit to investigate
the crimes. Although police had not yet established a motive, there was
wide speculation that race may have played a role. All of the cases
were pending at year's end.
The extremist paramilitary group Magyar Garda verbally assaulted
and threatened Roma during several marches across the country to
protest what they termed a lack of public security and ``gypsy
crimes.'' In response, Romani groups often organized
counterdemonstrations against intolerance and extremism.
The head of the National Roma Self-government, Orban Kolompar,
called on the Romani community to organize its own self-defense
movement in response to the increased tensions. However, no
organization had been formed at year's end.
On August 7, a weekly satirical newspaper with a circulation of
about 45,000 published a cartoon which depicted Roma as unemployed
lawbreakers who terrorize hard-working non-Roma. In response to a
complaint filed by the Romani Press Agency, the Ethics Committee of the
Hungarian Journalists Alliance expelled the editor of the weekly and
issued an apology.
On October 18, a verbal confrontation arose between a group of
Romani residents in Olaszliszka and 500 persons visiting a memorial for
Lajos Szogi, a teacher who was killed in 2006 following a traffic
accident that injured a Romani child. A heavy police presence prevented
violence between the two groups.
Roma continued to experience widespread discrimination in
employment, education, housing, penal institutions, and access to
public places, such as restaurants and bars. According to the
statistics of the Hungarian Institute for Educational Research and
Development, Roma were significantly less well-educated than other
citizens and their incomes and life expectancy were well below average.
According to a 2007 International Labor Organization report, the
unemployment rate among Roma was estimated at 40 percent. However, in
many underdeveloped regions of the country it exceeded 90 percent. Roma
unemployment is estimated to be three to five times higher than among
the non-Roma population.
Inadequate housing continued to be a problem for Roma; their
overall living conditions remained significantly worse than for the
general population. According to Romani interest groups, municipalities
used a variety of techniques to prevent Roma from living in more
desirable urban neighborhoods. According to a Ministry of Social
Affairs and Labor survey, approximately 100,000 seriously disadvantaged
persons, mostly Roma, lived in about 500 settlements lacking basic
infrastructure and often located in the outskirts of cities. During the
year the Government continued its special program to eliminate these
settlements and help residents move to more desirable communities.
On May 8, the state audit office published a report in which they
raised concerns over the lack of transparency in the Government's
Romani policies. The report acknowledged that funding for Romani
projects has increased dramatically, but maintained that problems
persist in the planning, implementation and tracking of the funding.
The report said that the most serious concern was that funds routinely
failed to reach the groups with the greatest needs.
On May 14, the prime minister appointed a special commissioner to
chair the newly established Romani affairs interministerial committee
created to coordinate the Government's Romani policy.
Most ministries had special officers for Romani affairs, and county
labor affairs centers also had Romani affairs officers focusing on the
needs of the Romani community. The Ministry of Education and Culture
continued to offer financial incentives to encourage schools to
integrate Romani and non-Romani children in the same class rooms and to
reintegrate Roma inappropriately placed in remedial programs. The
Ministry of Social Affairs and Labor operated a program to finance
infrastructure development in Romani communities.
The Ministry of Justice and Law Enforcement operated an
antidiscrimination legal service network that provided free legal aid
to Roma in cases where they encountered discrimination based on their
ethnicity.
Roma, like the other 12 official minorities, are entitled to elect
their own minority self-governments (MSGs), which organize minority
activities and handle cultural and educational affairs. The president
of each MSG also has the right to attend and speak at local government
assemblies.
On December 13, witnesses on a Budapest city bus reported a violent
altercation between several men and two English-speaking men of African
ethnicity. The men allegedly attacked the black passengers and pushed
one of them out of the bus where they kicked him repeatedly in the
head. Witnesses reported that approximately 30 people sat silently on
the bus as the beatings took place over a period of several minutes.
Other Societal Abuses and Discrimination.--Homosexuality is legal,
but extremist groups continued to subject homosexuals to physical abuse
and attacks.
On June 27 and July 2, unknown perpetrators threw Molotov cocktails
into a gay bar and a gay bathhouse in Budapest; there were no injuries.
The National Investigation Office investigated the incidents but had
not identified any suspects or made any arrest by year's end.
On July 5, antigay protestors violently disrupted an annual gay
pride march in Budapest for a second consecutive year. An estimated
2,000 participants encountered a crowd of several hundred antigay
demonstrators who verbally abused them, threw eggs, tomatoes,
cobblestones, gas grenades, and Molotov cocktails. Police responded
with tear gas and water cannons to disperse the protestors and end the
clashes. Fifty seven antigay protesters were arrested; 14 persons were
injured.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form and
join independent unions of their choice without previous authorization
or excessive requirements, and workers exercised these rights in
practice.
The law also allows unions to conduct their activities without
interference, and the Government protected this right in practice. With
the exception of military personnel and police officers, workers have
the right to strike, and workers exercised this right in practice. The
law permits the unions of military personnel and police officers to
seek resolution of grievances in the courts.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected by law, and it was freely practiced. In 2007,
40.6 percent of the workforce was covered by collective bargaining
agreements.
There was no antiunion discrimination or other forms of employer
interference in union activities.
There are no export processing zones, but individual foreign
companies frequently were granted duty-free zone status for their
facilities.
There were no exemptions from regular labor laws in the duty-free
zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. Women and children were
trafficked into, within, and from the country for commercial sexual
exploitation and forced labor.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace, and the
Government effectively enforced these laws in practice.
Children under 16 are prohibited from working, except under certain
conditions, such as temporary work during school vacations. Otherwise,
children under 15 are prohibited from all work. Children may not work
night shifts or overtime, or perform hard physical labor.
As of August the country's Labor Inspectorate reported that 19
companies employed a total of 57 children under 15. They were mostly
employed in construction and agricultural work. Companies that employed
children were fined between 30,000 and 20 million forint ($160-
$106,027) depending on the circumstances. Individuals who identify
children as victims of labor exploitation are required to report them
to the Guardianship Authority.
According to the International Organization for Migration,
trafficking of children for sexual exploitation was a problem.
e. Acceptable Conditions of Work.--The national minimum monthly
wage of 69,000 forints ($366) did not provide a decent standard of
living for a worker and family. The minimum wage was regularly
evaluated and raised by the National Council for Interest
Reconciliation, a tripartite body of employers, employees, and the
Government.
The law sets the official workday at eight hours, although it may
vary depending on the industry. A 4-hour rest period is required during
any seven-day period. The regular work week is 40 hours, with premium
pay for overtime. The law prohibits excessive compulsory overtime and
overtime exceeding 200 hours per year. The laws also apply to foreign
workers with work permits, and were enforced effectively and
consistently.
Labor courts and the labor inspectorate enforced occupational
safety standards set by the Government, but specific safety standards
were not consistent with internationally accepted standards, and
enforcement was not always effective. Workers have the right to remove
themselves from unsafe and unhealthy situations without jeopardizing
their continued employment, and this right generally was respected.
__________
ICELAND
Iceland, with a population of 320,000, is a constitutional
parliamentary republic. The president is the head of state; a prime
minister, usually the head of the majority party, is head of
government. There is a unicameral parliament (Althingi). In June
incumbent President Olafur Ragnar Grimsson ran unopposed for
reelection, as is traditional. Parliamentary elections in 2007 were
free and fair. The country's multiparty government was headed by Prime
Minister Geir Haarde. Civilian authorities generally maintained
effective control of the security forces.
The Government generally respected the human rights of its
citizens, and the law and judiciary provided effective means of
addressing individual instances of abuse. Reported human rights
problems included some societal discrimination against minorities and
foreigners, including refugees and asylum seekers, violence against
women, and reports of women trafficked to and through the country.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
there were no reports that government officials employed them.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted visits by independent human rights observers.
During the year media expressed concern regarding overcrowding at
Reykjavik's main pretrial detention facility and at the main prison at
Litla-Hraun. When overcrowding in the main facility occurred, pretrial
detainees were held in local police station jails. During renovation
work at the Akureyri prison, inmates were kept at Litla-Hraun,
resulting in temporary double occupancy of single-prisoner cells in
some cases.
The Government maintained a separate minimum security prison for
female inmates; however, because so few women were incarcerated (five
or six on average) some men were also held there. Men housed in
facilities with women were closely monitored and only interacted with
women in the common areas; they did not share cellblocks. Juvenile
offenders were generally held in facilities run and supervised by the
Government Agency for Child Protection. In rare instances, however,
they were incarcerated and held with adults, since there was no
separate facility for juveniles in the prison system. In circumstances
where pretrial detainees did not need to be placed in solitary
confinement, they were held together with convicted prisoners.
The Government permitted visits by independent human rights
observers during the year. Prisoners could, and did, request visits
from volunteers from the Icelandic Red Cross, or ``prisoners'
friends.'' The volunteers talked with the prisoners and provided them
with second hand clothes upon request. There were no prison visits by
the International Committee of the Red Cross 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.--Civilian authorities
maintained effective control over the 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 the police during the year.
Arrest and Detention.--Police may make arrests under a number of
circumstances: when they believe a prosecutable offense has been
committed; where necessary to prevent further offenses or destruction
of evidence; to protect a suspect; or when a person refuses to obey
police orders to move. Arrest warrants are usually not required; the
criminal code explicitly requires warrants only for arrests when
individuals fail to present themselves in court to attend a hearing or
a trial, or to prison to serve a sentence.
Persons placed under arrest are entitled to legal counsel, which is
provided by the Government if they are indigent. Authorities must
inform persons under arrest of their rights and must bring them before
a judge within 24 hours. 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.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Courts do not use juries, but multijudge panels are common,
particularly on the Supreme Court. Defendants are entitled to a
presumption of innocence and courts generally tried cases without
delay. Defendants receive access to legal counsel of their own
choosing. For defendants unable to pay attorneys' fees, the Government
covers the cost; however, defendants who are found guilty are required
to reimburse the Government. Defendants have the right to be present at
their trial, to confront witnesses, 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.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--A single court system
handles both criminal and civil matters. The two levels of the
judiciary-the District Courts and the Supreme Court-were considered
independent and impartial in civil matters. Lawsuits may be brought
seeking damages for, or cessation of, a human rights violation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
In May the parliament amended the law on foreigners, permitting a
partner or a spouse 24 years old or younger to obtain a residence
permit based on marriage to a citizen or the holder of a residence
permit. The law requires authorities to ensure that the marriage or
partnership was not entered into solely for the purpose of obtaining a
residence permit. Both individuals must also have entered into the
marriage or partnership freely, and the marriage or partnership must
not be in breach of the law. This legal change addressed concerns
raised by the European Commission Against Racism and Intolerance that
the previous law (which banned marriage-based residence permits for
those 24 years of age and younger) interfered with family
reunification.
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. In September
police searched the temporary residence of asylum seekers in
Reykjanesbaer after obtaining a court order. The police conducted the
search on the suspicion that some asylum seekers were withholding
information pertinent to their asylum requests. Immigration authorities
were still processing their findings at the end of the year but made
comments to media that police findings during the raid supported
suspicions of immigration fraud. The asylum seekers staying in the
temporary residence, some media representatives, and some human rights
observers said the police search was an example of societal
discrimination against asylum seekers. There were no allegations that
the police used physical force in the operation.
Immigration law allows authorities to request DNA tests without
court supervision in cases where they suspect immigration fraud. In
practice no DNA tests took place during the year.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. Individuals could criticize the
Government publicly or privately without reprisal.
The law establishes fines and imprisonment of up to three months
for persons convicted of publicly deriding or belittling the religious
doctrines of a lawful religious association active in the country. The
law also establishes fines and imprisonment of up to two years for
anyone who publicly ridicules, slanders, insults, threatens, or in any
other manner publicly assaults a person or a group on the basis of
their nationality, skin color, race, religion, or sexual orientation.
There were no reports that the law was invoked during the year.
The independent media were active and expressed a wide variety of
views without restriction.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Eighty-eight percent of homes had Internet access, and 91 percent of
citizens used the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice. The state financially supported and promoted the official
religion, Lutheranism. Other religions did not receive equal treatment
in school curricula (grades 1-10) or comparable subsidies for their
faith-based activities.
The law specifies conditions and procedures that religious
organizations other than the state church must follow to be registered
by the Government and to be eligible for a per capita share of church
tax funds from the Government. The Government did not place any
restrictions or requirements on unregistered religious organizations,
which had the same rights as other groups in society. During the year,
the Ministry of Justice and Ecclesiastical Affairs approved the
registration of one religious organization, and another registration
application was under review at year's end.
All citizens 16 years of age and older pay an annual church tax of
10,344 krona (approximately $86). For persons who were not registered
as belonging to a religious organization, or who belonged to one that
was not registered and officially recognized, the tax payment went to
the University of Iceland, a secular institution. Atheists and ethical
humanists objected to having their fees go to the university, asserting
that this was inconsistent with the right of freedom of association.
In July the European Court of Human Rights agreed to take up the
Icelandic Pagan Association's (Asatruarfelagid) case for receiving
funding proportional to its membership from monies currently made
available only to the national church. The association's request had
previously been rejected by the Supreme Court.
In September the city of Reykjavik awarded the Icelandic Buddhist
Movement a plot of land to build a temple. In November 2007 the city
approved a detailed land use plan that included a plot of land
available for the construction of a Russian Orthodox church. However,
the new plan was not implemented during the year and construction did
not begin. Architectural delays during the year temporarily halted
construction of The Pagan Association's place of worship.
The long-pending application to the Reykjavik city planning
commission for land to build a mosque encountered further delay late in
the year, in part because of uncertainty over which of two groups was
the appropriate representative of the Muslim community.
The law mandates religious instruction ``shaped by the Christian
heritage of Icelandic culture'' in the public schools, although the
curriculum also included instruction on other religions. Students may
be exempted from attending the classes upon parental request.
Societal Abuses and Discrimination.--The Jewish community numbered
fewer than 100 individuals; there were no reports of anti-Semitic acts.
The law establishes penalties of fines and up to two years in
prison for verbal or physical assault on an individual or group based
on religion. The law also establishes fines and imprisonment of up to
three months for publicly deriding or belittling the religious
doctrines of a lawful religious association active in the country.
Although members of the Muslim Association complained publicly about
broadcasts of a Christian television station, Omega TV, the law was not
invoked during the year.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of interest.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided some protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government granted refugee status or
asylum, but had no fixed refugee acceptance requirements. In February
2007 the Government decided to double its refugee admissions to 25
refugees every year, instead of every other year.
Asylum seekers were eligible for government subsidized health care
during the processing of their cases, which at times took three years
or more. They could enroll their children in public schools after being
in the country for three months, and some children of asylum seekers
were enrolled in public schools during the year. Asylum seekers could
also obtain work permits.
Officials rejected most asylum applications and eventually deported
most applicants. During the year, a family of four asylum seekers was
accepted as political refugees after the closure of the Icelandic- and
Norwegian-run monitoring mission in Sri Lanka. At least six other
asylum seekers' claims were technically denied, but they were given
permanent residence permits as a humanitarian exception.
The law allows for accelerated refusal of applications deemed to be
``manifestly unfounded.'' The minister of justice appoints the director
of immigration, who also heads the adjudicating body for asylum cases.
Some observers asserted that this arrangement could constitute a
conflict of interest.
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, and this ambiguity,
combined with the small number of approved asylum applications, left
unclear what considerations were applied in adjudicating the
applications of asylum seekers.
Asylum seekers had no access to the court system. They could appeal
denials only to the Ministry of Justice.
In April the Government responded to concerns expressed by the UN
Committee on the Elimination of Racial Discrimination (CERD) in 2005
about reports that border guards at times improperly handled asylum
requests. The Government said it was not aware of the cases to which
the CERD referred, and that Icelandic border guards received
satisfactory training and education on refugee and asylum issues.
In July a report by the UN Committee for the Prevention of Torture
(CPT) expressed concern over reported inappropriate handling of
incidents by law enforcement officers and border guards, for example at
airports and detention centers. The CPT report provided no specifics
concerning the reported incidents.
In July police carried out a deportation order from the Directorate
of Immigration and deported a Kenyan asylum seeker to Italy without
ruling on the merits of his claim. The Government's action was
criticized by advocates for asylum seekers, who argued that the
Government should have first ruled on the merits of his claim as
provided by the Dublin Convention, and that the asylum seeker had
sufficient ties to Iceland that the Government should adjudicate his
claim. In August the minister of justice overturned the Directorate of
Immigration decision and ordered the directorate to evaluate the basis
of the Kenyan's asylum claim. The directorate was processing the case
at year's end.
In September asylum seekers and their advocates criticized police
conduct following an unannounced 7:00 a.m. raid on the government-run
group home for asylum seekers in Reykjanesbaer. They alleged that
police conduct and subsequent comments by officials were examples of
societal prejudice against asylum seekers.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--During the year incumbent
President Olafur Ragnar Grimsson was re-elected by default, as no other
candidate ran against him. Since there was no opposition candidate, the
presidential election scheduled for June 28 was cancelled.
Parliamentary elections in May 2007 were free and fair.
There were 23 women in the 63-seat parliament and four women in the
12 member cabinet. Two of nine Supreme Court members and 14 of 40
District Court judges were women. No members of minority groups held
seats in the parliament or in the cabinet.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. In December the parliament passed a
law creating the office of a special prosecutor to investigate
allegations of public and private corruption related to the collapse of
the country's three largest banks in October.
The law provides for public access to government information, and
the Government provided access in practice for citizens and
noncitizens, including foreign media. 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. Public officials were not subject to
financial disclosure laws.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
The Icelandic Human Rights Center was the leading human rights
organization, vetting government legislation, reporting to
international treaty monitoring bodies, and promoting human rights
education and research. The center was funded primarily by the
Government but also by nongovernmental organizations (NGOs), unions,
and the city of Reykjavik; it operated as an NGO.
An independent ombudsman, elected by parliament, monitored and
reported to national and local authorities on human rights developments
to ensure that all residents, whether or not they were citizens,
received equal protection. Individuals could lodge complaints with the
ombudsman regarding 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 timeframe, but the ombudsman noted in
previous years that some government agencies responded slowly to
requests, causing delays in the handling of cases. The Government has
never directly responded to these complaints. While the ombudsman's
recommendations are not binding on authorities, they are generally
adopted.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, gender,
disability, language, and social status. Various laws implement these
principles, and the Government effectively enforced them.
Women.--Rape carries a maximum penalty of 16 years in prison.
Judges typically imposed sentences of one to three years. Spousal rape
is not explicitly addressed in the law. In previous years, the
Icelandic Counseling and Information Center for Survivors of Sexual
Violence (Stigamot) noted that the number of reported rapes
consistently rose faster than the number of convictions for rape.
According to national police statistics, there were 87 reported rapes
in 2007. In that year prosecutors brought charges in 27 percent of
sexual assault cases, and District Courts convicted 17 of 19
defendants. During the year activists continued to express concern that
the burden of proof in rape cases was too heavy and led to a low
conviction rate. The Government did not respond formally to these
complaints.
The law prohibits domestic violence; however, violence against
women continued to be a problem. Police statistics indicated that the
incidence of reported violence against women, including rape and sexual
assault, was low; however, the number of women seeking medical and
counseling assistance indicated that many incidents went unreported.
During the year 127 women sought temporary lodging at the country's
shelter for women, mainly because of domestic violence. The shelter
offered 420 counseling sessions to 210 clients. Also during the year,
106 women sought assistance at the National Hospital's Rape Crisis
Center.
The law permits judges to increase the sentences of persons who
committed 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 appeared to
be getting milder. Neither the Ministry of Justice nor the Office of
the State Prosecutor maintained specific statistics on prosecutions and
convictions for domestic abuse.
The Government helped finance Stigamot, the Women's Shelter, the
rape crisis center of the National Hospital, and other organizations
that provided assistance to 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. Courts could issue restraining orders. However, advocates
expressed concern that such orders were ineffective because the court
system took too long to issue the orders and courts granted them only
in extreme circumstances. Victims of sex crimes were entitled to
lawyers to advise them of their rights and help them pursue cases
against the alleged assailants; however, a large majority of victims
declined to press charges or chose to forgo trial, in part to avoid
publicity. Some local human rights monitors also attributed
underreporting to the infrequency of convictions because of the heavy
burden of proof and to traditionally light sentences. For the few cases
of domestic violence that end up in court, the courts continued in many
cases 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 Women's Shelter, 20 percent of its clients
pressed charges during the year, up from 15 percent in 2007.
In October the Ministry of Social Affairs conducted a survey to
gauge the extent of violence against women nationwide. The survey was
part of the action plan for reducing domestic and sexual violence
against women and children during the years 2006 11. Survey results
were not available at year's end.
Prostitution is legal but was rare. Prostitution became legal in
2007 but the law prohibits its advertisement. The law also makes it
illegal for a third party, or pimp, to profit from prostitution or
procurement of sex, or for a person to rent facilities for
prostitution.
Authorities had some success restricting the number and operations
of strip clubs in the Reykjavik Metropolitan Area-the predominant locus
of prostitution and human trafficking cases.
The general penal code prohibits sexual harassment and stipulates
that violations are punishable by imprisonment. The law on equal status
defines sexual harassment more broadly. Thus plaintiffs could report
incidents to the Complaints Committee on Equal Status and seek redress
under the law on equal status. The law required employers and
organization supervisors to make specific arrangements to prevent
employees, students, and clients from becoming victims of gender-based
or sexual harassment. However, employers were not required to provide
their employees with information on the legal prohibitions against
sexual harassment in the workplace. As in previous years, gender
equality advocates reported receiving several complaints during the
year; there were two court cases, and one guilty verdict.
Women enjoy the same legal rights as men, including under family
law, property law, 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 2007 study commissioned by the Union of
Public Servants, female public servants on average earned 27 percent
less than men. A study the previous year commissioned by the Ministry
of Social Affairs found an average 15 percent pay gap between men and
women in the same professions.
Affirmative action provisions in the law state that if women are
underrepresented in a certain profession, employers have an obligation
to hire female candidates over equally qualified male candidates.
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 gender equality counseling and education to
national and municipal authorities, institutions, companies,
individuals, and NGOs. The minister of social affairs appoints members
of a Complaints Committee on Equal Status, which adjudicates alleged
violations of the act, and appoints an Equal Status Council, with
members drawn from national women's organizations, the University of
Iceland, and labor and professional groups; the council makes
recommendations for equalizing the status of men and women in the
workplace.
During the year the Complaints Committee on Equal Status decided
nine cases. In one case, the committee found that the regional office
for disability issues in Western Iceland breached the law on equal
status when it hired a man instead of a more qualified woman as
director of a job program for persons with disabilities. The committee
directed the offending office to find a solution acceptable to the
complainant.
In May the parliament amended the immigration law to permit
individuals from countries outside the European Economic Area to retain
their residence permits upon divorce from Icelandic-born spouses in
circumstances where abuse or violence was perpetrated on the foreign
spouse or the spouse's child.
Children.--The Government was strongly committed to children's
rights and welfare.
There were reports of abuse of children during the year. In 2007
the Agency for Child Protection received 1,586 reports of abuse,
including 705 reports of emotional abuse, 462 of physical abuse, and
436 of sexual abuse. The agency operated four treatment centers and a
diagnostic facility for abused and troubled minors and coordinated the
work of 31 committees throughout the country that were responsible for
managing child protection issues in their local areas. The local
committees hired professionals with expertise in sexual abuse.
The Government maintained a children's assessment center to
accelerate prosecution of child sexual abuse cases and lessen the
trauma experienced by the child. During the year, the center conducted
252 investigative interviews, provided assessment of and therapy to 235
children, and performed 27 medical examinations. The center was
intended to create a safe and secure environment where child victims
might feel more comfortable talking about what happened to them. It
brought together police, prosecutors, judges, doctors, and officials
from child protection services. After an interview with a child, the
assessment center could analyze the possible effects of the sexual
abuse on the child and family. The Agency for Child Protection can also
provide advice to parents. District court judges were not required to
use the center, however, and could hold investigatory interviews in the
courthouse instead, a practice that troubled some children's rights
advocates. In practice the Reykjavik District Court opted not to use
the center's services, maintaining that the court had sufficient
expertise in-house to provide the same services.
The children's ombudsman, who is appointed by the prime minister
but acts independently of the Government, fulfilled her mandate to
protect children's rights, interests, and welfare by, among other
things, seeking to influence legislation, government decisions, and
public attitudes. 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 and associations that house
children or otherwise care for them; however, the ombudsman's
conclusions were not legally binding. 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.
Trafficking in Persons.--The law prohibits trafficking in persons
with the aim of sexual abuse or forced labor, and provides for
imprisonment of up to eight years for such offenses. During the year
police did not charge any persons with trafficking; however, there were
reports that persons were trafficked to and through the country.
Cases fell into several categories, none of which included more
than a few documented victims: undocumented Asian and eastern European
workers in construction and manufacturing who were underpaid and forced
to live in substandard employer-provided housing; ``mail-order'' or
``Internet'' brides from eastern Europe and Asia trapped with abusive
husbands, with some reports of forced prostitution; and underpaid or
mistreated prostitutes and workers in nightclubs and massage parlors.
In March labor authorities and union representatives reported that a
Chinese restaurant in Reykjavik was suspected of having trafficked
several of its kitchen staff to the country. The restaurant was
investigated for labor code violations and subsequently closed. No
prosecutions resulted. The Directorate of Labor investigated other
cases throughout the year involving undocumented workers who were
potentially victims of trafficking. In some cases employers were fined
for noncompliance with labor laws but none were charged with
trafficking.
The Ministry of Social Affairs has primary responsibility for
efforts to prevent and punish trafficking; the ministries of justice
and of foreign affairs were also involved in antitrafficking efforts. A
government working group charged with developing the country's first
national action plan on trafficking in persons held regular meetings
during the year, but had not finished drafting the action plan by
year's end.
Women's aid groups reported evidence that foreign women were
trafficked to the country to work in strip clubs or massage parlors
offering sexual services. During the year some municipalities banned
private clubs that featured dancing, believed to serve as a front for
prostitution and possible trafficking. The Baltic countries were the
main countries of origin for women working in such clubs and parlors,
with others coming from central and eastern Europe and Russia. There
were no statistics on the number or origin of women trafficked.
Although the Government made efforts during the year to target
elements of the sex industry allegedly linked to trafficking, there was
no coordinated government effort to investigate trafficking outside of
the general context of increased efforts to combat organized crime, and
no public officials were specifically designated to prosecute
trafficking cases.
In January 2007 the Government formed an antitrafficking working
group with representatives of the Ministry of Justice, law enforcement
bodies, and NGOs. The group's mission was to monitor and coordinate
actions to combat trafficking by improving the flow of information
through direct communications channels between government institutions
and NGOs. The working group also sought to improve conditions for the
rehabilitation and repatriation of trafficking victims. The working
group reported to the European Women's Lobby, an umbrella organization
of women's associations in the European Union. Working group members
reported that during the year border police were better prepared to
identify possible trafficking victims and to inform them about
government institutions and NGOs offering victim services. Members
encouraged potential trafficking victims to contact the police. Members
of the working group contributed to the Ministry of Social Affairs
effort to draft an antitrafficking action plan.
The Government provided funding for various organizations whose
services included assistance to victims of trafficking; however, there
was no established government assistance program specifically for
victims of trafficking.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities, and there were no reports of
official discrimination in employment, education, access to health
care, or the provision of other state services. The law also provides
that persons with disabilities receive preference for government jobs
when they are at least as qualified as other applicants; however,
disability rights advocates asserted that the law was not fully
implemented, and that persons with disabilities constituted a majority
of the country's poor.
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.
During the year, the Government initiated several projects included
in its action plan for 2006-10 to strengthen services for those with
mental disabilities. The Ministry of Social Welfare purchased or rented
several dozen facilities which were converted into apartments and group
homes, and provided grants to local community governments and NGOs to
support vocational training and other services.
The Ministry of Social Affairs 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 persons from
eastern European and the Baltic states, stood out from the largely
homogeneous population and suffered occasional incidents of harassment
based on their ethnicity.
In June the parliament approved an action plan drafted by the
Immigrant Council to implement an immigrant integration policy drafted
by the council in January 2007. The overall goal of the policy was to
improve the reception of foreign immigrants, and facilitate their
integration into Icelandic society, while maintaining their native
culture.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination based on sexual orientation.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form and
join independent unions of their choice without previous authorization
or excessive requirements, and workers exercised these rights. Labor
unions were independent of the Government and political parties.
Approximately 80 percent of all eligible workers belonged to unions.
Workers had the right to strike and exercised this right in practice.
The law requires employers to withhold union dues (1 percent of
gross pay) from all employees, regardless of their union status, to
help support disability, strike, and pension funds, and to finance
other benefits to which all workers are entitled.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. The law allows workers to
bargain collectively, and workers exercised this right in practice.
Nearly 100 percent of the workforce was covered by collective
bargaining agreements. The law prohibits antiunion discrimination and
employer interference in union functions and the Government protected
this right.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that a small number of women were trafficked for sexual
exploitation and Asian and eastern European men were trafficked for
labor in construction and manufacturing.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively implemented laws and policies to protect
children from exploitation in the workplace. The law prohibits the
employment of children younger than age 16 in factories, on ships, or
in other places that are hazardous or require hard labor; this
prohibition was observed in practice. Children 14 or 15 years old may
work part time or during school vacations in light, nonhazardous
occupations. Their work hours must not exceed the ordinary work hours
of adults in the same occupation. The Administration of Occupational
Safety and Health enforced child labor regulations effectively.
e. Acceptable Conditions of Work.--The law does not establish a
minimum wage, but the minimum wages negotiated in various collectively
bargained agreements applied automatically to all employees in those
occupations, regardless of union membership. While the agreements can
be either industry or sector wide, or in some cases firm specific, the
negotiated wage levels are occupation specific. Labor contracts
provided a decent standard of living for a worker and family.
The standard legal workweek is 40 hours, including nearly three
hours of paid breaks a week. Work exceeding eight hours in a workday
must be compensated as overtime. Workers were entitled to 11 hours of
rest within each 24 hour period and to a day off every week. Under
special defined circumstances, employers may reduce the 11 hour rest
period to no less than eight hours, but they then must compensate
workers with one and a half hours of rest for every hour of reduction.
They may also postpone a worker's day off by a week. The Occupational
Safety and Health Administration effectively enforced these
regulations.
There were indications that undocumented foreign workers-primarily
men-in the booming construction sector were exploited by being
underpaid and denied medical coverage, and were 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 up to four times the amount they might have expected in their East
European or Baltic home countries. Media and labor organizations
continued to report that some immigrant workers were paid wages well
below the union mandated minimum. Deteriorating economic conditions and
an unfavorable exchange rate for remittances caused a steep decline in
the immigrant labor population towards the end of the year.
The legislature sets health and safety standards, and the Ministry
of Social Affairs administers and enforces them through its
administration of occupational safety and health. The ministry can
close workplaces that fail to meet safety and health standards. Workers
have a collective, but not individual, right to refuse to work at a job
that does not meet occupational safety and health criteria. It is
illegal to fire workers because they report unsafe or unhealthy
conditions.
__________
IRELAND
Ireland, population approximately 4.1 million, is a multiparty
parliamentary democracy with an executive branch headed by a prime
minister (taoiseach), a bicameral parliament (Oireachtas), and a
directly elected head of state, the president. Free and fair
parliamentary elections took place in May 2007. Civilian authorities
generally maintained effective control of the security forces.
The Government generally respected the human rights of its
citizens. The law and judiciary provided effective means of addressing
individual instances of abuse. During the year, there were some reports
of police abuse of authority and inadequate care for prisoners with
mental disabilities. Domestic violence; mistreatment of children;
trafficking in persons; and discrimination against racial minorities,
immigrants, and Travellers were problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the law prohibits such practices, there were
reports of abuse by police officers.
In October 2007 the Council of Europe's Committee for the
Prevention of Torture (CPT) released a report of its 2006 visit to the
country. While the majority of prisoners interviewed by the CPT
delegation had no complaints over their treatment, a considerable
number alleged verbal or physical mistreatment by the Garda Siochana
(police). The alleged mistreatment consisted mostly of kicks, punches,
and blows with batons over various parts of the body at the time of
arrest or during transport to a Garda station and, in some cases, while
they were in custody in such stations. In a number of cases, the
delegation's doctors found that the persons concerned displayed
injuries and scars that were consistent with their allegations of
mistreatment.
Between May 9 and November 30, the Garda Siochana Ombudsman
Commission (GSOC) received 4,560 complaints against members of the
Garda. Of these, 1,740 were held to be inadmissible, 2,468 admissible,
and the remaining 352 were pending. Of the admissible complaints, 170
were judged suitable for informal resolution or mediation, 1,064
warranted investigation by the Garda Siochana, either supervised or
unsupervised by the GSOC, and 1,220 warranted investigation by GSOC
investigators, since the allegations would, if proven, amount to
criminal offenses. The GSOC forwarded 32 files to the director of
public prosecutions for his consideration, and there was one
conviction. Garda Siochana officers have been subject to disciplinary
action in a further 25 cases.
The Morris Tribunal, which since 2002 has investigated reports of
police corruption and abusive behavior in County Donegal in the 1990s,
issued its final report on September 25. It concluded that some named
Gardai had set up bogus arms finds; planted evidence; had been
negligent in investigating the death of cattle dealer Richie Barron,
whose body was found on a roadside twelve years ago; had illegally
detained and mistreated several suspects; and had allowed a sergeant to
run a campaign of harassment against a pub owner and his family.
There were 40 complaints against police officers that were related
to racially motivated incidents in 2006. (Police recorded a total of
174 racially motivated incidents in that year.)
Prison and Detention Center Conditions.--While prison conditions
generally met international standards, there were some problems. Some
mentally ill prisoners were inappropriately held in prisons rather than
in mental health care facilities.
In its October 2007 report, the CPT noted that, while the majority
of prison officers were attempting to deal with prisoners in a humane
manner, its 2006 delegation to the country received a number of
allegations of verbal abuse or physical mistreatment of prisoners by
members of the prison staff, consisting mostly of punches and kicks to
the body. The report noted that in many instances prisoners against
whom force was used were not examined by a doctor and, in those cases
in which they were seen by health care staff, a full examination did
not take place, and the injuries were not properly recorded.
The CPT delegation found that at least three of the country's
prison establishments (the Limerick and Mountjoy prisons and the St.
Patrick Institution could be considered unsafe both for prisoners and
for prison staff due to prisoner on prisoner intimidation and violence.
The delegation noted that stabbings and assaults with various objects
were frequent and that many prisoners met by the delegation bore the
marks of such incidents. The report cited the availability of drugs and
the lack of purposeful activities as reasons behind the increase in
violence.
Prison overcrowding continued to be a problem, although transfers
between prisons relieved some of the most urgent overcrowding.
According to the 2007 Irish Prison Service annual report, prisons
averaged a 95.7 percent occupancy rate, but several prisons exceeded
their intended capacity.
At times prisoners held in detention awaiting trial were held in
the same facilities as convicts. The October 2007 CPT report noted that
16 and 17 year old boys were held in the St. Patrick's Institution with
young adults. This shortcoming was largely eliminated by the opening,
in 2007, of a Special School to ensure separation between children and
young adults. However, a small number of 17 year olds with specific
individual needs continued to be held in the young adult part of St.
Patrick's. These included sex offenders and vulnerable inmates who were
accommodated separately for their own protection.
Despite continued criticism by human rights groups, authorities
took no steps to alleviate the understaffing and poor infrastructure at
the Central Mental Health Hospital in Dundrum, the country's only
secure hospital for prisoners with mental disabilities. In an August
2007 report, the Central Mental Hospital director estimated that
approximately 200 patients in prison at that time needed mental health
treatment but were unable to receive it due to a lack of space at the
Dundrum facility. Despite objections from a number of advocacy groups
who argued that putting the hospital next to the prison would further
stigmatize patients and contribute to the criminalization of mental
illness, the Government remained committed to relocating the hospital
to the new prison at Thornton.
The Government generally permitted prison visits by domestic and
international human rights observers, including the International
Committee of the Red Cross, but it required appointments for such
visits. There were no visits by such groups during the year.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions. Special arrest and detention authority was
established in 1972 to try members of the Irish Republican Army.
However, the last high profile use was in 2003. Despite suggestions
that the use of this authority against gangsters would strengthen the
prosecution of cases against organized crime, authorities have not used
it in this way.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the national police and the army,
which was authorized to act when necessary in support of the unarmed
police. The Government has effective mechanisms to investigate and
punish abuse and corruption. There were no reports of impunity
involving the security forces during the year; however, there were
isolated problems of corruption and abusive behavior, which the
Government investigated.
Arrest and Detention.--An arrest requires a warrant issued by
appropriate authorities except in situations requiring immediate action
for the protection of the public. Suspects detained by police must be
promptly informed of the charges against them and, with few exceptions,
may not be held more than 24 hours without charge. For ``scheduled
offenses,'' i.e., crimes involving firearms, explosives, or membership
in an unlawful organization, a judge may extend the detention of a
suspect for an additional 24 hours upon the police superintendent's
request. The law permits detention without charge for up to seven days
in cases involving suspicion of drug trafficking; however, to hold such
a suspect more than 48 hours, police must seek a judge's approval.
The law requires that authorities bring a detainee before a
District Court judge ``as soon as possible'' to determine bail status
pending a hearing; the judge decides whether to release the detainee on
bail or continue detention until an appointed court date.
Upon their arrest, detainees and prisoners are allowed prompt and
unrestricted access to attorneys. If the detainee does not have an
attorney, the court appoints one; for indigent detainees the Government
provides an attorney through the free legal aid program. Detainees were
allowed prompt access to family members.
There is a functioning bail system; the law allows a court to
refuse bail to a person charged with a serious offense (one that
carries a penalty of five years' imprisonment or more) or when deemed
necessary to prevent the commission of another serious offense.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right.
The director of public prosecutions, a government official
independent of the Department of Justice, prosecutes criminal cases.
Jury trials are generally used in criminal cases, and the accused may
choose an attorney. Indigent defendants have the right to an attorney
at public expense, and authorities provided sufficient funds for this
purpose during the year. Defendants enjoy a presumption of innocence
and have the right to present evidence, question witnesses, and appeal.
The law explicitly allows ``special courts'' to be created when
``ordinary courts are inadequate to secure the effective administration
of justice and the preservation of public peace and order.'' A nonjury
``special criminal court'' tries all scheduled offenses and any other
cases that the director of public prosecutions certifies to be beyond
the capabilities of an ordinary court. The three judges making up a
special criminal court are selected by the judicial branch and usually
include one high court judge, one circuit court judge, and one District
Court judge. The panel reaches its verdicts by majority vote. The rules
of evidence are generally the same as in regular courts, but the sworn
statement of a police chief superintendent identifying the accused as a
member of an illegal organization is accepted as prima facie evidence
of such membership. Special criminal court proceedings are generally
public, but judges may exclude certain persons other than journalists.
Special criminal court decisions, like decisions in all other criminal
cases, may be appealed to the Court of Criminal Appeal.
The constitution allows parliament to create tribunals, with
limited powers, to investigate designated matters, usually cases of
government corruption. They do not try cases; however, if warranted,
their findings may be the basis for formal charges. In each instance,
the legislation creating the tribunal sets out its powers and rules of
procedure. Some tribunals were established to last indefinitely. Others
were established only for a specific task and ceased to exist when that
task was completed.
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.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech, and the Government generally respected this right in
practice.
The constitution provides for freedom of the press with the
qualification that it not ``undermine public order or morality or the
authority of the state.'' The constitution prohibits the publication or
utterance of ``blasphemous, seditious, or indecent'' material.
The law prohibits the use of words, behavior, or the publication or
distribution of material that is threatening, abusive, or insulting and
intended to, or likely to, incite hatred. There were no reports that
authorities invoked these provisions during the year.
The law empowers the Government to prohibit the state owned radio
and television network from broadcasting any material ``likely to
promote or incite to crime or which would tend to undermine the
authority of the state.'' Authorities did not invoke this prohibition
during the year.
The independent print media were active and expressed a wide
variety of views without government restriction.
Broadcasting remained mostly under state control, but private
sector broadcasting continued to thrive. There were 57 independent
radio stations and one national independent television station. Access
to cable and satellite television was widespread.
The Censorship of Publications Board has the authority to censor
books and magazines that it finds indecent or obscene. The board did
not exercise this authority during the year.
Two journalists were under criminal investigation for reporting
details of an investigation into then prime minister Bertie Ahern's
finances. The High Court determined that the two journalists had to
reveal their sources and answer questions regarding their actions
before the tribunal investigating the prime minister. The ruling was
being appealed at year's end.
On January 1, an ombudsman for the press was established.
The Office of the Film Censor 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 film censor did not prohibit any films
or videos.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e mail. The
Internet was widely available and used by citizens.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected this right. The law allows the state to ``prevent
or control meetings'' that are calculated to breach the peace or to be
a danger or nuisance to the general public.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The constitution provides that ``publication or utterance'' of
``blasphemous matter'' is an offense, but it does not define blasphemy.
In the most recent blasphemy case, in 1999, the Supreme Court ruled
that in the absence of implementing legislation, there was no
operational definition of blasphemy, making a successful prosecution
impossible.
Most primary and secondary schools were denominational, and their
management boards were governed partially either by trustees within the
Catholic Church, whose believers constituted approximately 88 percent
of the population, or by officials of other faiths in the case of
schools based on other religions. Under the constitution the Department
of Education must fund schools of different religious denominations,
including Islamic and Jewish schools, on an equal basis, and did so
during the year. Although religious instruction was an integral part of
the curriculum, parents were allowed to exempt their children from such
instruction.
The Equality Tribunal was in the process of mediating the case of
the Sikh man who decided to leave the volunteer police reserve because
of the police commissioner's refusal to lift the ban on wearing the
turban in uniform.
In June the press reported that the principal of a Wexford school
sought guidance from the Department of Education regarding whether it
was appropriate to permit the wearing of hijabs (head coverings) in
schools. Pending the department's response, the school granted
permission providing the hijab met the color guidelines for school
uniforms. The Department of Education asked the integration minister to
consider the matter in the context of the development of an
Intercultural Education Strategy.
Societal Abuses and Discrimination.--According to the 2006 census,
the Jewish community numbered 1,930 persons.
According to the Israeli Foreign Ministry's coordination forum for
countering anti Semitism, on January 4, a voice message containing anti
Semitic statements was left on the answering machine of the Dublin
Hebrew Congregation. The same source reported that on May 15, anti
Semitic slogans and a swastika were daubed on the home of a couple in
Tuam. No suspect was apprehended during the year.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and laws provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. In 2007 the Government recognized 579
asylum seekers as refugees.
Between January and September, the Government granted leave to
remain to 1,083 individuals who did not qualify as refugees under the
1951 convention and its 1967 protocol. Of these, 985 were failed asylum
seekers.
The country also had an ongoing resettlement program able to
accommodate up to 200 persons annually. During the year, 191 of the 199
persons approved under the quota for 2007 arrived in the country.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
Elections and Political Participation.--Parliamentary elections,
which observers considered to be free and fair, were held in May 2007.
Political parties could operate without restriction or outside
interference.
There were 22 women in the 166 seat house of representatives (Dail
Eireann) and 13 women in the 60 seat senate (Seanad Eireann). The
president of the republic was a woman, as were three of the 15
government ministers. There were five women on the 34 member High Court
and two on the eight member Supreme Court.
There were no minorities in the lower house, the senate, or the
cabinet. In June 2007 a Nigerian immigrant in Portlaoise became the
country's first mayor of African origin.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. Allegations of government
corruption during the year were few.
The Tribunal of Inquiry into Certain Planning Matters and Payments,
commonly known as the Mahon Tribunal, continued to scrutinize ethical
and legal questions surrounding former prime minister Bertie Ahern's
acceptance of financial payments and loans from friends and business
associates during his tenure as minister of finance in 1993 94. This in
part contributed to Ahern's decision to resign on May 6, as he stated
that ``the constant barrage of commentary'' was distracting the work of
government.
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 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination in employment on the basis of
gender, marital status, family status, sexual orientation, age,
disability, race, and membership in the Traveller community, and the
Government sought to enforce the law; however, discrimination against
racial minorities, including immigrants and Travellers, remained a
problem.
Women.--The law criminalizes rape, including rape within marriage,
and the Government enforced it. The law provides for free legal advice
to victims of serious sexual assault. The courts service annual report
covering 2007 documented a total of 76 rape cases tried in court and 48
persons convicted of rape and other sexual offenses. Most of the
persons convicted received sentences of between five and 12 years in
prison with two offenders receiving over 12 years and two offenders
receiving life sentences.
The law criminalizes domestic violence, but domestic violence
occurred. The law authorizes prosecution of a violent family member and
provides victims two types of legal protections: safety orders and
barring orders. Safety orders prohibit a person from engaging in
violent actions or threats, but they do not require the individual to
leave the home, while barring orders prohibit a person from entering
the family home for up to three years. The law allows victims to apply
for interim protection while courts process their cases. Violations of
these orders are punishable by a fine of up to 1,900 euros
(approximately $2,600). According to official statistics, in 2007 the
courts received 3,553 safety order applications and 3,355 barring
applications; in both categories, more than one third of the
applications were granted and nearly two thirds were withdrawn. It was
possible for the same individual to be the subject of multiple orders.
Of the safety and barring orders granted, more than half were related
to the spouse of the applicant.
The Government funded centers throughout the country for victims of
domestic abuse.
Although prostitution is not a crime, it is illegal for a person in
a street or public place to solicit for purposes of prostitution. The
offense applies equally to a person who solicits a client for
prostitution, a client who solicits the services of a person engaging
in prostitution, or a third party who solicits on behalf of the other.
It is also an offense to solicit another person in order to commit
certain sexual offenses, such as sex with underage persons or to keep
or to manage a brothel. Reports of, and arrests for, these crimes were
rare.
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 charged with unfair dismissal to
reinstate the employee or pay the employee up to 104 weeks' pay.
Authorities effectively enforced the law in the few cases of sexual
harassment that were reported.
Women enjoy the same legal rights as men, including rights under
family law, property law, and in the judicial system. The Equality
Tribunal and the Equality Authority are the main statutory bodies that
enforce and administer the discrimination laws. However, inequalities
in pay and promotions persisted in both the public and private sectors.
Average women's earnings were 91 percent of men's. Women constituted 42
percent of the labor force but were underrepresented in senior
management positions.
Children.--The Government was strongly committed to children's
rights and welfare, and allocated ample funds to public education and
health care.
The Health Service Executive (HSE) reported that 6,188 complaints
of alleged child abuse were made in 2004. Of these, 1,425 were deemed
to be proven cases of child abuse. The law establishes a strictly
enforced requirement that organizations providing services to children
identify and report cases of physical and sexual abuse. In 2007 the
Dublin Rape Crisis Center reported that 46.6 percent of the calls to
its crisis line involved child sexual abuse. Fifteen centers provided
face to face support to 4,930 individuals. The law requires government
health boards to identify and help children who are not receiving
adequate care and gives police authority to remove children from the
family if there is an immediate and serious risk to their health or
welfare.
Unaccompanied minors entering the country continued to be an area
of concern for both the Government and nongovernmental organizations
(NGOs). In 2006 the HSE reported that 328 migrant children were missing
from the health care system in the period 2001 05. This number included
children who entered the country with their parents (who may have come
for work or study), as well as those who arrived separately. They may
also have included Romanian children who were allegedly brought into
the country for begging and then entered the health care system. During
the year, five children were reported missing from the health care
system. Police believed they were either reunited with family or had
initially misrepresented themselves as minors in order to enter the
country and left the HSE system to find work. The HSE believed that
some of the children were trafficked into the country for labor or
commercial sexual exploitation.
Numerous NGOs offered support for victims as well as resources for
parents and professionals who work with children.
In 2006 the UN Committee on the Rights of Children expressed
concern over the level of poverty and alcohol abuse among children and
over proposed changes to the youth justice system that would permit the
criminal prosecution of children as young as 10 years old. Legislation
enacted in 2006 reduced the age of criminal responsibility for most
crimes to 12 years, although for more serious crimes such as rape and
murder, the legal age was reduced to 10 years.
The ombudsman for children investigates complaints from children or
persons acting on their behalf against various governmental and
nongovernmental bodies and has a role in promoting general child
welfare.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that the Ireland was a country
of transit and a destination for a number of trafficking victims from
Eastern Europe, Africa (particularly Nigeria), Latin America
(particularly Brazil), and Asia. There were also unconfirmed reports
that the country was a transit point for persons trafficked to or from
Northern Ireland. There was anecdotal information that some women were
trafficked within the country. During the year the Government
investigated allegations of trafficking.
NGOs reported that women were smuggled or trafficked into the
country primarily for sexual exploitation and that men may be smuggled
or trafficked into the country for work in the construction industry or
agriculture. There were no reliable statistics on the number of
trafficking victims, but press reports and anecdotal information from
police indicated that the number may have increased during the year. A
September 2007 joint study by the National University of Ireland and
Trinity College to establish a baseline estimate of cases of sex
trafficking into the country in 2000 06 concluded that the minimum
number of such cases during the seven year period was 76.
Socially disadvantaged noncitizen women and children, asylum
seekers, refugees, and economic migrants were most likely to be
trafficking victims. NGOs believed that many victims were initially
trafficked as minors. However, they are often not discovered until they
are 18 or older. NGOs reported that traffickers also targeted younger
women who knew little English, lacked legal status, and had no recourse
to social or familial networks. Traffickers usually had their victims
work from apartments, where illegal activities were easier to hide.
NGOs reported that traffickers used the Internet to advertise and
solicit victims. NGO and press accounts of the experiences of
trafficking victims identified both Irish and foreign nationals among
the traffickers. The majority of foreign traffickers were from Eastern
Europe.
On June 7, a new Human Trafficking Act entered into force. It
criminalizes trafficking in adults and children for the purpose of
labor or sexual exploitation. It makes it an offense to sell or offer
for sale, or to purchase or offer to purchase any person for any
purpose and carries penalties of up to life imprisonment. It is not a
defense for the trafficker to argue that the person consented to the
commission of any of the acts. It is a crime to solicit a trafficked
person for prostitution if the person soliciting knows, or has
reasonable grounds for believing, that the person has been trafficked,
and it is a crime to accept payment for the prostitution of a
trafficked person. Fines of up to 5,000 euros (approximately $7,000)
and 12 months' imprisonment may be imposed for lesser offenses and
unlimited fines and up to five years for more serious ones. The new act
also provides that, if a citizen or resident is alleged to have
committed a trafficking offense abroad, Irish courts may accept
jurisdiction to try the offense and may impose similar penalties. The
new act makes it a crime, carrying punishment of up to 10 years'
imprisonment and an unlimited fine, to publish or broadcast any
information that could identify an alleged trafficking victim. It makes
provision for an alleged victim to give evidence through a live
television link and, for adult victims, with the court's permission, to
testify from either within the country or from abroad.
The Government has a positive working relationship with NGOs
combating trafficking. Government officials distributed and displayed
NGO funded and developed posters to assist victims at airports, bus and
rail stations, ports, hospitals, and police stations, and provided part
of the funding for an NGO run hot line that offered assistance to
victims and potential victims. The Department of Defense provides
training modules to peacekeepers on human trafficking and sexual
exploitation.
The Garda National Immigration Bureau and the Department of Justice
are responsible for combating trafficking. An antitrafficking unit in
the Ministry of Justice coordinates all governmental antitrafficking
activities; its executive director reports directly to the minister. An
interdepartmental high level group, with representatives from key
government departments and agencies, recommends trafficking policies to
the minister.
The country was a participant, along with the United Kingdom,
Italy, Spain, Poland, and the Netherlands, in an initiative designed to
ensure that the European Union becomes a more hostile environment for
traffickers.
Authorities developed a training program in conjunction with the
International Organization for Migration (IOM) to increase awareness
among labor inspectors, health service employees, and others whom they
identified as likely to encounter evidence of trafficking. A
professional development course designed by the Garda Siochana,
assisted by IOM, the United Kingdom Human Trafficking Center, and NGOs,
was being delivered to frontline police, immigration officers, and a
number of officers of the Police Service of Northern Ireland.
The Department of Justice did not allocate specific funds for
trafficking victim assistance but has provided 275,000 euros
(approximately $385,000) per year to the NGO Ruhama, which supported
victims of sexual exploitation. In the hope of deterring the demand
side of sex trafficking, it provided additional funds to Ruhama for a
film on the harm caused by purchasing sexual services.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, access to health care, and the provision of other state
services; and the Government effectively enforced these provisions. The
law requires access to buildings where possible for persons with
disabilities, and the Government generally enforced these provisions.
There were four prison institutions without staff psychologists.
A National Disability Authority has responsibility for setting
disability standards, monitoring the implementation of these standards,
and researching and formulating disability policy.
National/Racial/Ethnic Minorities.--The law prohibits
discrimination based on language, gender, disability, or social status,
and the Government sought to enforce the law; however, societal
discrimination and violence against immigrants and racial and ethnic
minorities, including Asians, East Europeans, and Africans, continued
to be a problem. There were racially motivated incidents involving
physical violence, intimidation, graffiti, and verbal slurs; the
majority of these reportedly took place in public places. In a 2006
study, the Economic and Social Research Institute reported that 35
percent of immigrants interviewed had experienced discrimination or
harassment in public places.
An NGO recorded 50 racially motivated incidents between January and
July, compared to police reports of 174 in 2006. In 2007 police
appointed 146 ``ethnic liaison'' officers, and 263 members of the
police force attended cultural diversity awareness training.
According to the 2006 census, 22,369 persons identified themselves
as nomadic members of a distinct ethnic group called ``Travellers,''
whose history and culture differ from that of the majority. Travellers
faced societal discrimination and were regularly denied access to
premises, goods, facilities, and services; many restaurants and public
houses, for example, would not serve them. While the law does not
recognize Travellers as an ethnic group, there is a specific
designation that protects them under the antidiscrimination laws.
Despite national regulations providing that no child may be refused
admission to school on account of social position, Travellers
frequently experienced difficulties enrolling their children in school.
Of the estimated 5,000 Traveler families, approximately 1,000 lived on
the roadsides or other temporary sites without electricity or sanitary
facilities. Many Travellers depended on social welfare for survival,
and their participation in the economy was limited by discrimination
and lack of education.
A small number of discrimination lawsuits were filed and won during
the year against proprietors for refusing to serve Travellers. The law
obliges local elected officials to draw up and implement five year
Traveller accommodation plans and to solicit Traveller input into the
process. Under the act, each community must provide adequate
accommodations for Travellers. Traveller NGOs argued, however, that
many communities provided Travellers with housing, such as government
owned apartments or townhouses, that was inconsistent with the nomadic
Traveller lifestyle or provided halting sites that did not include
basic amenities such as sanitary facilities, electricity, and water.
Government expenditure on Traveller specific objectives was an
estimated 144 million euros (approximately $202 million) in 2005. The
Government subsequently ceased listing such expenditures separately in
the budget and the amount allotted to Traveller specific objectives in
later years was unknown.
Other Societal Abuses and Discrimination.--There was no reported
societal violence or discrimination based on sexual orientation.
There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers with the
right to form and join independent unions of their choice without
previous authorization or excessive requirements, and the law was
implemented. Approximately 33 percent of workers in the private sector
and 95 percent in the public sector were union members. Police and
military personnel may form associations, but technically not unions,
to represent them in matters of pay, working conditions, and general
welfare. The law allows unions to conduct their activities without
government interference, and this right was exercised in practice. The
law provides for the right to strike, except for police and military
personnel, and workers exercised this right in both the public and
private sectors.
b. The Right to Organize and Bargain Collectively.--Labor unions
have the right to pursue collective bargaining, and in most instances
did so freely; however, employers, who were not required to engage in
collective bargaining, did not encourage it.
There were no reports of antiunion discrimination.
There are no special laws or exemptions from regular labor laws in
the export processing zone at Shannon Airport.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. NGOs reported that men and women
were smuggled or trafficked into the country for work in the
construction industry, commercial fishing, as domestics in private
homes, or in agriculture; however, officials believed that, while
trafficking and labor exploitation occurred, the magnitude of the
problem was very small. Trafficked women and girls were forced into
prostitution on the streets, from apartments, or as escorts. NGOs
believed a number of Romani children have been trafficked for the
purpose of forced begging; however, given the difficulty in
understanding Romani family structures they could not confirm that the
children were not with a natural parent.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government implemented laws and policies to protect children from
exploitation in the workplace. Under the law employers may not employ
children under the age of 16 in a regular, full time job. Employers may
hire 14 or 15 year olds for light work on school holidays as part of an
approved work experience or educational program. Employers may hire
children over the age of 15 on a part time basis during the school
year. The law establishes rest intervals and maximum working hours,
prohibits the employment of 18 year olds for late night work, and
requires employers to keep more detailed records on workers under 18
years of age. The Office of the Labor Inspectorate at the Department of
Enterprise, Trade, and Employment is responsible for enforcement and
was generally effective. There were instances of child trafficking.
e. Acceptable Conditions of Work.--The national minimum wage is
8.65 euros (approximately $12) per hour, which did not provide a decent
standard of living for a worker and family; however, low income
families were entitled to such benefits as subsidized housing, medical
coverage, and children's allowances. 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.
Partly in response to these reports, the Government established a labor
monitoring agency independent of the Department of Enterprise, Trade,
and Employment, which primarily represents business interests. This
agency has been quite active; however, it was difficult to determine
its overall effectiveness.
The standard workweek is 39 hours. Working hours in the industrial
sector are limited to nine hours per day and 48 hours per week.
Overtime work is limited 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 to premium pay
for overtime, it could be arranged between employer and employee. NGOs
and trade unions reported that these standards did not apply to agency
workers, i.e. workers supplied by third party contractors. These
workers, who were predominantly migrant laborers, were specifically
excluded from laws regulating pay.
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 significant
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.
__________
ITALY
Italy is a multiparty parliamentary democracy with a population of
approximately 59.1 million. The bicameral parliament consists of the
Chamber of Deputies and the Senate. International observers considered
the April 14 national parliamentary elections free and fair. Civilian
authorities generally maintained effective control of the security
forces.
The Government generally respected the human rights of its
citizens, although there were problems in some areas, notably lengthy
pretrial detention, excessively long court proceedings, violence
against women, trafficking in persons, and abuse of Roma.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings during the
year.
An investigation continued into the shooting death of Gabriele
Sandri in November 2007 by a police officer attempting to break up a
fight in Arezzo. The first hearing was scheduled for January 2009.
There were no reports that authorities were investigating, or were
likely to investigate, the July 2007 killing by a police officer in
Verona of Susanna Venturini, who was attempting to flee a crime scene.
The trial continued in Ferrara of four police officers charged with
involuntary manslaughter for the 2005 death in custody of Federico
Aldovrandi.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
reports that police occasionally used excessive force against persons,
particularly Roma and immigrants detained in connection with common
criminal offenses or in the course of identity checks.
Judicial activity related to police actions during protest
demonstrations at the G 8 summit in Genoa in 2001 continued. On March
29, Genoa prosecutors requested the indictment of Gianni De Gennaro,
then head of the National Police, for inducing police officers to give
false testimony regarding police behavior toward the protesters. (On
May 23, the Government appointed De Gennaro to be head of the
Department for Information and Security, coordinating intelligence.)
On July 15, a court sentenced 14 police officers to prison terms of
five months to five years for the ``inhuman or degrading treatment,''
including assault, of some protesters whom they were detaining. On
November 13, a Genoa court sentenced 13 police officers convicted of
perjury, conspiracy, or assault during a police raid on a building used
by the protesters to two to four year prison terms. In the final
ruling, the Genoa court noted that certain degrading treatment of
protesters might be considered torture under international conventions.
Nongovernmental organizations (NGOs) repeatedly have criticized the
country for not having a specific crime of torture in its criminal
code.
On February 28, the European Court for Human Rights (ECHR) ruled
that the country would violate its obligations under the European
Convention on Human Rights if it deported Tunisian terror suspect
Nassim Saadi. He was in prison awaiting a decision at year's end. In
2003 the country signed an agreement with Tunisia on repatriation,
trafficking, and illegal immigration.
On June 3, the Interior Ministry deported a Tunisian, Essid Sami
Ben Kemais, after he completed a sentence for involvement in
international terrorism. The deportation took place despite a March 29
request by the ECHR that it be suspended pending their review of the
case, including of the possibility that Ben Kemais risked torture and
mistreatment in his home country.
The ECHR reviewed 30 deportation orders issued by the interior
minister from July 2006 through March 2007 and blocked the deportation
of five individuals whom the authorities considered terrorists, citing
the need to prevent violation of their rights in their home countries.
During the year authorities successfully deported nine immigrants
suspected of links to terrorist networks.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, although some
prisons remained overcrowded and antiquated. The Government permitted
visits by independent human rights observers.
On July 15, there were 54,600 inmates in a prison system designed
to hold 42,900; however, the uneven distribution of prisoners left a
few institutions particularly overcrowded. Older facilities lacked
outdoor or exercise space, and some prisons lacked adequate medical
care. In June approximately 67 percent of inmates were serving
sentences; the other 33 percent were mainly detainees awaiting trial.
According to an independent research center, from January through
October, 105 prisoners died in custody, 40 of them by suicide. There
were no reports that any of these deaths were the result of abuse or
negligence on the part of prison officials.
Some of the 17 temporary detention centers for illegal immigrants
continued to be overcrowded at times, particularly in the summer, when
the inflow of aliens from northern Africa increased. According to
Amnesty International (AI), children often were held together with
adults at these facilities. The law does not require that pretrial
detainees be held separately from convicted prisoners, and they are
held together in some smaller prisons.
The Government permitted visits to detention facilities by
independent human rights organizations, parliamentarians, and the
media. In September the Committee for the Prevention of Torture (CPT)
of the Council of Europe (COE) assessed the country's prison systems
and delivered a classified report to the Government. In November the UN
Working Group on Arbitrary Detention visited some facilities in Milan,
Rome, Naples, and Sicily and expressed concerns about detention
conditions of prisoners condemned for Mafia related crimes. Several
municipalities had permanent independent ombudsmen to promote the
rights of detainees and facilitate access to health care and other
services. The Government provided access to detention centers for
representatives of the UN High Commissioner for Refugees (UNHCR), and
these visits were in accordance with UNHCR's standard modalities.
On August 3, a lawyer alleged that in 2006 a young inmate in
Catania was raped by other prisoners because of his perceived sexual
orientation; there were no reports of an investigation in this case.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the Carabinieri, the national police,
the financial police, and municipal police forces. The Government has
mechanisms to investigate and punish abuse and corruption. There were
no reports of impunity involving the security forces during the year;
however, long delays by prosecutors and authorities in completing
investigations of some cases of alleged abuse undercut the
effectiveness of mechanisms to investigate and punish police abuses.
Campobasso (Molise) prosecutors continued their investigation of
the Carabinieri station commander, seven police and Carabinieri
officers, and the former chief of the municipal police force of
Termoli, who were arrested in May 2007 on charges of creating a
criminal organization, fraud, perjury, disclosure of confidential
information, and embezzlement.
The cases of three of eight Carabinieri arrested in Milan for graft
and evidence tampering in 2006 remained unresolved. One of the
remaining three officers was indicted and a hearing for the other two
was delayed. The eight reportedly used false evidence to extort money
from a number of previous offenders. Five other officers received
either prison sentences or fines.
Arrest and Detention.--To detain an individual, police require
warrants issued by a public prosecutor unless a criminal act is in
progress, or there is a specific and immediate danger to which they
must respond. When authorities detain a person without a warrant, an
examining magistrate must decide within 24 hours of the detention
whether there is enough evidence to proceed with an arrest. The
investigating judge then has 48 hours to confirm the arrest and
recommend whether to prosecute. In terrorism cases, authorities may
hold suspects 48 hours before bringing the case before a magistrate.
Authorities generally respected the right to a prompt judicial
determination. The law entitles detainees to prompt and regular access
to lawyers of their choosing and to family members. The state provides
a lawyer to indigent persons. In exceptional circumstances, usually in
cases of organized crime figures, where there is danger that attorneys
may attempt to tamper with evidence, the investigating judge may take
up to five days to interrogate the accused before the accused is
allowed to contact an attorney. Some human rights 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 DNA for purposes of identification (see
Section 2 d.)
Despite restrictions on lengthy pretrial detention, it remained a
serious problem. During the first half of the year, 33 percent of all
prisoners were in pretrial detention and 18 percent were awaiting a
final sentence. The maximum term of pretrial incarceration is two years
for a crime with a maximum penalty of six years in prison, four years
for a crime with a maximum penalty of 20 years, and six years for a
crime with a maximum penalty of more than 20 years. According to some
judicial experts, a few prosecutors used the prospect of lengthy
pretrial detention as pressure to obtain confessions.
There is no provision for bail; however, judges may grant
provisional liberty to suspects awaiting trial. As a safeguard against
unjustified detention, detainees may request that a panel of judges
(liberty tribunals) 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 clear and convincing evidence of a serious felony or the crime
is associated with the Mafia or terrorism. Except in the most
extraordinary situations, preventive detention is prohibited for
pregnant women, single parents of children under age three, persons
over age 70, and those who are seriously ill.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice; however, most court cases involved long trial
delays.
There were some reports of judicial corruption. On July 18,
authorities arrested a judge in Caltanissetta and charged him with
corruption. On June 10, prosecutors requested a trial for two
magistrates of the Court of Cassation (the final court of appeals) and
the Supreme Administrative Court, Lanfranco Balucani and Vincenzo
Maccarrone, arrested in 2007 by financial police for corruption in
Perugia. Prosecutors accused them of multiple violations of rules of
procedure, including jury tampering, in an attempt to unduly influence
the investigations of two entrepreneurs who rewarded them with gifts.
There were no further reports on the status of these prosecutions.
Pressure on the judicial system, primarily in the form of
intimidation of judges by organized crime groups, further complicated
the judicial process. For example, on August 6, unknown arsonists set
fire to the door of the house of a Sicilian prosecutor, Serafina
Cannata, who tried Mafia cases.
There are three levels of courts. At the first level, either a
single judge or a court, which may be a panel of judges or include a
jury, hears cases. At the second level, separate courts with juries
hear civil and criminal appeals. Both sides may appeal decisions of the
court of appeals to the highest court, the Court of Cassation in Rome.
Prosecutors may in some instances challenge acquittals by appealing
directly to the Court of Cassation, bypassing the intermediary
appellate level. Such appeals may be based on the court's application
of the law or, in some cases, on the evidence. A separate
Constitutional Court hears cases involving conflicts between laws and
the constitution or over the duties or powers of different units of
government.
Nine military tribunals and nine prosecutors' offices are in charge
of military crimes committed by members of the armed forces, such as
treason, unauthorized release of state secrets, and espionage. An
appeals court reviews challenges brought by defendants or prosecutors.
Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Trials are public. Defendants have access to an attorney in a timely
manner to prepare a defense. 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. The law grants defendants the presumption
of innocence. Defendants have the right to appeal verdicts.
Domestic and European institutions continued to criticize the slow
pace of justice in the country. At the end of 2007, 2,900 petitions
seeking compensation from the Government for excessively long
proceedings were pending in the ECHR. In addition, according to the
Court of Cassation, about 21,000 new cases were initiated at the
national level in 2006, and in 2007 the Court of Cassation rendered
5,014 judgments against the Government for excessively protracted
proceedings. Observers cited several reasons for delays, including the
absence of effective limits on the length of pretrial investigations;
the large number of minor offenses covered by the penal code; unclear
and contradictory legal provisions; insufficient resources, including
an inadequate number of judges; and strikes by judges and lawyers.
In 2006 the chief prosecutor of the Court of Cassation estimated
that a criminal trial took an average of 300 to 400 days and an appeal
took 900 days. There has been some slow progress; the average length of
time between the scheduling of a defendant's first court appearance to
completion of the case was 902 days in 2006, compared with 966 days in
2005.
Courts had significant leeway to determine when the statute of
limitations should apply, and defendants often took advantage of the
slow pace of justice to delay trials through extensive pleas and
appeals.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The constitution provides
for an independent and impartial judiciary in civil matters.
Administrative remedies are determined by law, and arbitration is
allowed and regulated by contracts. Often citizens and companies turned
to arbitration because of trial delays. In 2006 the average time
required to complete a civil trial was 887 days, with 1,020 days
required to complete an initial appeal and another 719 days to appeal
to the Court of Cassation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. Searches and
electronic monitoring were generally permissible with judicial warrants
and in carefully defined circumstances. The Court of Cassation's lead
prosecutor may authorize wiretaps of terrorism suspects at the request
of the prime minister.
The media published leaked transcripts of both legal and illegal
government wiretaps during the year. For example, on June 26, the
weekly magazine L'Espresso published wiretaps of a telephone
conversation between Prime Minister Berlusconi and an executive of
public broadcast television. In 2006 parliament enacted a decree
allowing magistrates to destroy illegal wiretaps discovered by police.
On July 2, the Chamber of Deputies denied authorization to enter
wiretaps of one of its members into evidence in a corruption
investigation. In the course of investigations, prosecutors
eavesdropped on the telephone calls of politicians and their advisors,
including Prime Minister Berlusconi, former prime minister Romano
Prodi, and other national leaders.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and the press.
The independent media were active and expressed a wide variety of
views. However, disputes over partisanship on the airwaves continued to
prompt frequent political debate, and NGOs contended that media
ownership was concentrated in too few hands. The prime minister is the
major shareholder of the country's largest private television company,
Mediaset, its largest magazine publisher, Mondadori, and its largest
advertising company, Publitalia. His brother owns one of the country's
nationwide dailies, Il Giornale.
The NGO Reporters without Borders and the journalists' union
criticized several judicial actions against journalists who refused to
name confidential sources during the year.
On October 21, police searched the office, home, and car of
journalist Ilaria Cavo, of the national television broadcaster
Mediaset, who had published wiretaps of a suspected murderer. In
December 2007 police searched the home of journalist Giuseppe d'Avanzo
of the daily newspaper La Repubblica after he revealed that prosecutors
were opening a corruption investigation into then opposition leader
Silvio Berlusconi.
Prosecutors continued to investigate two journalists suspected of
having disclosed confidential information in the case of a senator
suspected of money laundering. The offices and homes of the journalists
were searched in June 2007. The National Federation of the Italian
Press condemned what they described as excessive restrictions on
freedom of expression.
During the year public officials continued to bring cases against
journalists under the country's libel laws. On May 12, the president of
the Senate, Renato Schifani, sued journalist Marco Travaglio for libel
after he hinted at ties between Schifani and criminals during a program
aired by the public television network, Radiotelevisione Italiana
(RAI). On September 5, a Milan court acquitted the British weekly
journal The Economist in a suit brought by Prime Minister Berlusconi
after the publication in 2001 of an article that characterized
Berlusconi as unfit to lead the country. Suits filed in 2007 by Deputy
Prime Minister Fancesco Rutelli against the weekly magazine L'Espresso
and by parliamentarian Ferdinando Adornato against the national
newspaper Il Giornale were in the courts at year's end. In the view of
most observers, the risk of such suits did not affect adversely the
willingness of the press to report on politically sensitive subjects.
Internet Freedom.--There were no government restrictions on access
to the Internet; however, a special unit of the police monitored Web
sites for crimes involving child pornography online. Individuals and
groups could engage in the peaceful expression of views via the
Internet, including by e mail; however, the Government could request
other governments to block foreign based Internet sites if they
contravened national laws. As an antiterrorism measure, authorities
required that Internet cafe operators obtain licenses. In January a
survey conducted by ISTAT, the official government statistical agency,
found that 43 percent of citizens had access to the Internet and 29
percent used broadband connections.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
There is no state religion; however, an accord between the Roman
Catholic Church and the Government gives the Catholic Church certain
privileges. For example, it may select Catholic religion teachers,
whose earnings were paid by the Government. In accordance with the law,
government had understandings with organizations representing non
Catholic religions pursuant to accords that allow the Government to
give them support (including financial); some non Catholic confessions
have such accords. In April 2007 authorities signed accords with
several others, including the Buddhist Union, Jehovah's Witnesses, the
Church of Jesus Christ of Latter day Saints, the Apostolic Church, the
Orthodox Church of the Constantinople Patriarchate, and the Hindu
community. These accords were submitted to parliament for ratification,
but no action was taken by the end of the year. Divisions among the
country's Muslim organizations, as well as the large number of Muslim
immigrant groups, hindered the Muslim community's efforts to conclude
an accord with the Government, although some Muslims attributed the
lack of an accord to a lack of political will.
On August 18, police arrested and subsequently deported Abdelmajid
Zergout, the imam of a mosque in Varese, at the request of Moroccan
authorities, who sought him on charges of ``participating in acts of
terrorism,'' including suicide bombings in Casablanca in 2003.
Muslims in some locations continued to encounter difficulties in
getting permission to construct mosques and other community buildings.
In Milan local officials stated in July that the Viale Jenner Mosque
would be closed and offered a local stadium to Muslims to use four
times a week provided they paid upon entry, a proposal rejected by the
mosque. Opposition to the construction of mosques was not limited to
urban communities; Muslims in rural Tuscany also were having
difficulties getting permission to build a mosque. Although local
officials usually cited other grounds for refusing building permits,
some Muslims asserted that hostility toward their religion underlay the
difficulties. The efforts of Northern League members of parliament to
seek legislation to restrict further building of mosques furthered a
hostile attitude toward Muslims.
There were occasional reports that government officials or the
public objected to women wearing garments that completely cover the
face and body. On August 25, a woman wearing a headdress that covered
her face was refused entrance to a museum in Venice. The director of
the museum later apologized and stated that a guard had erred in
barring her.
The presence of Catholic symbols, such as crucifixes, in
courtrooms, schools, and other public buildings continued to be a
source of criticism and lawsuits.
Societal Abuses and Discrimination.--The country's approximately
30,000 Jews maintained synagogues in 21 cities. No violent anti Semitic
attacks were reported during the year, but societal prejudices
persisted, manifested largely by anti Semitic graffiti in a number of
cities, and small extremist fringe groups were responsible for anti
Semitic acts.
On November 11, police arrested a person accused of displaying
banners containing anti Semitic writing and denying the Holocaust
during the celebration of the 65th anniversary of the raid in the
ghetto of Rome and in a separate location. The far right group
``Militia'' claimed responsibility for both episodes.
On July 31, graffiti with the text ``Jewish people are revolting
dogs, the Shoa (the Hebrew word for the Holocaust) doesn't exist'' was
written on a wall in front of a prison in Milan.
Denial of the Holocaust is a crime punishable by up to four years
in prison. Officials confiscated materials that displayed symbols
associated with Nazi Germany. For example, on October 1, officials in
the north seized wine bottles whose labels depicted Adolf Hitler and
other Nazis.
During the year, the Government continued to host meetings to
increase educational awareness of the Holocaust and to combat anti
Semitism.
There were also instances of discrimination and violence against
Muslims. On February 1, A hand-made bomb injured two persons when it
was thrown into a mosque in Battipaglia, Campania. Police subsequently
arrested and deported one of the injured men, citing his lack of
residence papers. There were no reports of progress in the
investigation of the attack. In June, two hand made bombs were thrown
at the Milan Islamic Center, damaging the main gate. This was the
latest in a series of attacks against Islamic centers in the Milan area
during the past two years. Some Muslims expressed fear of using public
transportation and reported a hostile atmosphere in schools, and non
Muslims feared walking near illegal immigrants' encampments, or taking
busses at night.
For a more detailed discussion, see the 2008 Report on
International Religious Freedom 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 give protection and assistance to refugees, asylum
seekers, stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The country is a party to the Dublin II Instruction, whose
adherents generally transfer asylum applications to the first member
country in which the applicant was present. In practice, the Government
provided protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened.
The Government also provided temporary protection to individuals
who may not qualify as refugees under the 1951 convention and the 1967
protocol, providing it to 5,920 persons in 2007. The top three
countries of origin of persons granted temporary protection were
Eritrea, Cote d'Ivoire, and Somalia.
The Government provided temporary protection to refugees fleeing
hostilities or natural disasters. The Government granted such refugees
temporary residence permits, which had to be renewed periodically and
did not ensure future permanent residence.
Between January and July, authorities identified 15,400 individuals
who came ashore illegally from North Africa, compared to 12,400 in
2006. Those who were apprehended were sent to temporary detention
centers for processing, and a magistrate determined whether they would
be deported (if their identity could be ascertained), issued an order
to depart (if their identity could not be ascertained), or accepted for
asylum processing.
According to AI, approximately 10 percent of migrants who came
ashore in 2007 were minors. The Interior Ministry equipped special
sections of identification centers to host minors. In a June 2007
report, AI stated that the Government improved the treatment of minors,
i.e., reducing the length of detention of unaccompanied minors and
applying better identification procedures.
On May 21, as part of a security package, the Government adopted an
emergency decree that increased the penalties for crimes perpetrated by
illegal immigrants by one third and provided for the expulsion of
foreigners sentenced to two years or more. On May 30, the Government
issued an order requiring the prefects of Milan, Rome, and Naples to
identify and collect biometric data from persons living in encampments,
including minors. The measure was widely understood to target Roma.
Following criticism from the COE's commissioner for human rights, the
media, and NGOs, the Government decided to fingerprint only those
without identification documents, and persons who were at least 14
years old.
In November 2007 Human Rights Watch claimed that the Government's
targeting of Romanians, and particularly those of Romani origin, for
expulsion violated its international human rights obligations. Although
the May security package covered the citizens of any member state of
the European Union (EU), the political debate and official action in
the country focused almost exclusively on Romanians, and in particular
Roma from that country. Romanians were the country's largest immigrant
group, estimated at approximately 600,000 persons, or 1 percent of the
population. An estimated 60,000 of these were Roma.
Following the adoption of the security package, police and local
authorities evacuated and bulldozed some illegal Romani encampments in
Rome, Milan, and Naples.
In June the COE's commissioner for human rights visited some camps
in Rome and expressed concerns about the living conditions of Roma and
the general climate of intolerance toward Roma, Romanians, and illegal
immigrants.
The 20 temporary detention centers for illegal immigrants continued
to be overcrowded.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
Elections and Political Participation.--Executive authority is
vested in the Council of Ministers, headed by the president of the
council (the prime minister). The president, who is the head of state,
nominates the prime minister after consulting with the leaders of all
political forces in parliament. National and international experts,
including the Organization for Security and Cooperation in Europe,
considered the April national parliamentary elections free and fair.
There were numerous political parties, which functioned without
government restrictions or outside interference.
There were 58 women in the 322 seat Senate and 134 women in the 630
seat Chamber of Deputies. Women held four of 22 positions in the
Council of Ministers.
The only legally defined minorities are linguistic: the French
speaking Valdostani and the German speaking Altoatesini/Suedtiroler.
There were four members of these groups in the 322 seat Senate and
three in the 630 seat Chamber of Deputies. In a largely monolithic
society, immigrants represented approximately 5 percent of the
population, and fewer than half of these qualified as ethnic/racial
minorities. Two members of immigrant groups (of Moroccan and Congolese
origin) were elected to the Chamber of Deputies.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively.
On August 22, the Government abolished the independent Task Force
on Corruption and transferred its powers to the Ministry of Public
Administration. From January through April, financial police arrested
93 persons charged with such crimes as corruption, graft, abuse of
power, and embezzlement. In 2006 authorities referred 6,200 crimes to
prosecutors and arrested 250 persons; the value of seized assets was
150 million euros (approximately $210 million).
There continued to be isolated reports of government corruption
during the year. According to the ministries of Interior and Justice,
in 2006 prosecutors charged 925 individuals with corruption; courts
convicted 130 persons of corruption. Prosecutors charged 2,725 persons
with abuse of authority; courts convicted 45 persons of abuse of
authority, prosecutors charged 2,725 with embezzlement. From December
2005 through November 2006, a special tribunal dealing with financial
matters reported 193 cases of corruption, bribery, or graft in public
administration. There was no information on the number of cases
referred to a prosecutor for further action.
On September 27, a Milan court temporarily suspended the trial of
Prime Minister Berlusconi on charges of corruption for paying allegedly
a lawyer to falsify his testimony in two other cases. Judges have
questioned the constitutionality of legislation that grants immunity
from prosecution to the four highest government officials: the
president, prime minister, and the presidents of the Senate and Chamber
of Deputies. Parliament enacted the legislation on July 22.
On March 8, nine public officers of the prefecture of Milan were
sentenced to 32 to 36 months' imprisonment and fined for visa fraud and
facilitating illegal immigration. They had illegally issued 120
residence permits and allowed the unlawful entry of more than 300
aliens.
On July 14, authorities arrested Abruzzo governor Ottaviano Del
Turco and a number of other local officials and charged them with
corruption, embezzlement, fraud, and abuse of power in a case allegedly
involving 12.8 million euros (approximately $18 million) in the health
care sector.
In July 2007 the Court of Cassation sentenced parliamentarian
Cesare Previti, previously Prime Minister Berlusconi's lawyer and later
minister of defense, to 18 months in prison and barred him from holding
public office in a case that involved the possible corruption of a
judge.
The law gives citizens the right to access government documents and
to be informed of administrative processes. With some exceptions,
described as security related, the Government and local authorities
respected this right in practice for citizens, noncitizens, and the
foreign press.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, ethnic
background, and political opinion and provides some protection against
discrimination based on disability, language, or social status. The
Government generally enforced these prohibitions; however, some
societal discrimination continued against women, persons with
disabilities, immigrants, and Roma.
Women.--Rape, including spousal rape, is illegal, and the
Government enforced the law effectively. In 2005, 4,020 cases of rape
were reported, and 1,344 individuals were convicted.
Violence against women, including spousal abuse, remained a
problem. In 2007 ISTAT reported that 6.7 million women aged 16 to 70,
or 31.9 percent of all women, had been victims of violence at least
once in their lives. Five million women were victims of sexual
violence, one million of them of rape or attempted rape. ISTAT
estimated that in 2006 there were 74,000 cases of rape or attempted
rape, of which 4,500 were reported to the police. Partners reportedly
committed approximately 23 percent of sexual abuses.
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. Law enforcement
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 2006 the Ministry of Equal
Opportunity established a hot line for victims of violence seeking
immediate assistance and temporary shelter. From March 2006 through
2007, 16,700 women reported episodes of violence to this hot line, and
half of them requested assistance. The NGO ACMID Donna established a
toll free number for abused Muslim women and received 3,600 calls from
November 2007 through May. Approximately 56 percent of those cases
involved violence or other mistreatment by husbands or relatives,
including unwillingly being in a polygamous marriage, a situation
affecting an estimated 14,000 women.
On April 10, authorities arrested a Moroccan man in Turin and
charged him with kidnapping, raping, and using other forms of violence
against his 17 year old wife, whom he had sequestered at home since
March 10. He had asked her parents for a ransom of 3,000 euros
(approximately $4,200). In September 2007 a 20 year old Moroccan woman
escaped from the apartment in Genoa where she had been confined by her
husband and mother in law for almost three years. In September 2007 an
immigrant Indian woman, age 31, committed suicide, allegedly to avoid
an arranged marriage.
There were occasional reports of ``honor crimes'' and forced
marriage.
The Government created an interagency committee to combat female
genital mutilation, and the Department of Equal Opportunity, in
cooperation with local authorities, implemented a prevention program
that included an awareness campaign for immigrants, an analysis of
risks, and training of cultural mediators.
Prostitution is legal in private residences; the law prohibits
pimping, brothels, and similar commercial enterprises. The trafficking
of women for sexual exploitation remained a problem.
The law permits domestic courts to try citizens and permanent
residents who engage in sex tourism outside of the country, even if the
offense is not a crime in the country in which it occurred. The NGO
ECPAT Italy estimated that in 2006, 80,000 to 100,000 Italian men
traveled to Kenya, Thailand, Brazil, and other Latin American countries
for sex tourism. According to a 2006 report by the UN Children's Fund
(UNICEF), 18 percent of the clients of Kenyan sex workers were Italian.
The country has a code of conduct for tourist agencies to help
combat sex tourism. In June the Ministry of Foreign Affairs and ECPATG
Italy organized a training course for diplomats on preventing sex
tourism and on relevant domestic and international criminal law.
Sexual harassment is illegal, and the Government effectively
enforced the law. By government decree, emotional abuse based on gender
discrimination is a crime. From November 2007 to May 2008, ACMID Donna
received about 3,600 calls from immigrant women who reported episodes
of violence.
The law gives women the same rights as men, including rights under
family law, property law, and in the judicial system.
According to the European Commission, the overall gap between
salaries for men and women was 7 percent. Women were underrepresented
in many fields, including management, entrepreneurial business, and the
professions. Only 10 percent of hospital department heads and 5 percent
of deans of faculties of medicine were women.
A number of government offices worked to ensure women's rights,
including the Ministry for Equal Opportunity and the Equal Opportunity
Commission in the Prime Minister's Office. The Ministry of Labor and
Welfare has a similar commission that focuses on women's rights and
discrimination in the workplace. Many NGOs, most of them affiliated
with labor unions or political parties, actively and effectively
promoted women's rights.
Children.--The Government demonstrated a commitment to children's
rights and welfare.
There were incidents of child abuse. From January 1 through
September 6, Telefono Azzurro, an NGO that advocates for children's
rights, received approximately 3,500 calls and 923 requests for
assistance. Of these, approximately 12 percent involved sexual abuse,
32 percent physical violence, and 34 percent psychological
exploitation. In 55 percent of the cases, the victims were female; 57
percent of the victims were younger than 11. In 2006 authorities
registered approximately 170 reports of sexual intercourse with minors,
290 reports of production of child pornography, and 180 reports of
possession of child pornography.
NGOs estimated that approximately 10 percent of persons engaged in
prostitution were minors. In 2007 an independent research center
estimated that approximately 2,000 minors engaged in this activity on
the streets, three fourths of them trafficked into the country and
forced into prostitution.
On July 9, police in Rome freed three Romanian girls and arrested
three Romanian men who had seized the girls' documents, held them
prisoner for a month, and forced them into prostitution. The men were
charged with enslavement, kidnapping, and the forced prostitution of
minors.
On July 24, seven persons charged with coercing children into
having sexual intercourse with adults in exchange for small gifts were
sentenced to imprisonment of seven to fifteen years.
In 2007 four persons accused of organizing tours to Brazil that
included the sexual services of 12 to 17 year old girls were put on
trial; the trials were ongoing at year's end. The first case applying
extraterritoriality in cases of sex tourism concluded on March 8, when
a court sentenced a man to 14 years in prison for pornography and the
exploitation of minors, based on acts he committed in Thailand from
2003 through 2005.
In April 2007 four Italians and three Romanians were sentenced to
three to 12 years for the forced prostitution and exploitation of 200
Roma minors from 2004 through 2006.
Illegal immigrant child laborers from northern Africa, the
Philippines, Albania, and China continued to enter the country.
A special unit of the police monitored 20,000 Web sites from May
15, 2007 through June 2008; they invested 372 persons for crimes
involving child pornography online, arrested 20, and closed down 22
websites.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, trafficking in persons was a problem. Persons were
trafficked to, from, and within the country. According to NGO sources,
approximately 2,800 new victims were trafficked in 2007.
Between one quarter and one third of women trafficked for
prostitution came from Romania, according to the Ministry for Equal
Opportunity. NGOs estimated that the large majority of persons engaged
in prostitution were immigrants, primarily from Romania, Nigeria,
Bulgaria, Ukraine, China, and Moldova. A large number of women entered
the country voluntarily and were subsequently obliged to engage in
prostitution in order to repay smugglers. The average age of victims
declined, and an increasing number of victims were trafficked for labor
outside the sex industry, particularly in the agriculture and service
sectors. Immigrants, mostly from Nigeria, North Africa, China, and
Eastern Europe, played a major role in trafficking for the purpose of
sexual exploitation, both as traffickers and as victims, although
citizens were also involved.
In January the national anti Mafia prosecutor announced the results
of ``Operation Viola,'' which led to the arrest of 66 Nigerians accused
of trafficking in drugs and persons. They were affiliated with a
criminal ring based in the Netherlands that had approximately 300
members working in various European countries.
After the accession of Bulgaria and Romania to the EU, individual,
unaffiliated, smugglers from those countries began to traffic women one
at a time, replacing some of the trafficking organizations that had
been easier to target because of their larger size. After the smuggler
makes his initial profit, he often sells the victims to domestic pimps.
Women from Romania and Bulgaria do not need residence permits and
frequently did not cooperate with police investigators. On August 27,
police disrupted a ring of Romanians who were exploiting at least 100
women and arrested six of them in Rome and three in Romania. The
victims had been obliged to pay the gang half their daily earnings plus
a fee for occupying a parcel of sidewalk they controlled; the gang
``fined'' the most reluctant or threatened them with death.
The law provides prison sentences of eight to 20 years for
trafficking or enslavement. If the victims are minors, sentences
increase by one third to one half. The law mandates special prison
conditions for traffickers that limit their ability to continue their
operations while incarcerated.
According to the Ministry of Justice, authorities investigated
2,296 persons for trafficking in 2007 and arrested 513; trial courts
convicted 178 persons and appeal courts convicted 104.
The Government cooperated with foreign governments, including those
of Romania, Nigeria, Ukraine, Bulgaria, and Moldova, to investigate and
prosecute trafficking cases. Because in some trafficking cases it was
difficult for police to meet the law's evidentiary standards,
authorities relied on enforcement of immigration law to stop
trafficking.
There were no reports during the year that government officials
participated in, facilitated, or condoned trafficking.
The law provides temporary residence or work permits to trafficked
persons seeking to escape their exploiters. Authorities and NGOs
encouraged trafficking victims to file complaints, and there were no
legal impediments to their doing so. Unlike most other illegal
immigrants, who face deportation if apprehended, persons who qualify as
trafficking victims under the law receive benefits, including legal
residence, whether or not they file a complaint. However, NGOs alleged
that the Government did not always allow enough time between
apprehension and deportation of illegal immigrants to screen them for
trafficking victims.
The Government provided legal and medical assistance, access to
shelters, and job training to persons identified by authorities as
victims of trafficking. In 2006 the Government assisted 7,300 women.
There were also assistance and incentive programs for those willing to
return to their native countries; in 2006, 62 victims who chose to
return to their home countries were repatriated. The domestic NGO
Social Service International assisted in repatriating unaccompanied
immigrant minors.
The law empowers magistrates to seize convicted traffickers' assets
to finance legal assistance, vocational training, and other social
integration assistance for trafficking victims.
The Government worked with foreign governments and NGOs to organize
trafficking awareness campaigns. The law directs the Foreign Ministry,
working with the Ministry of Equal Opportunity, to conclude anti
trafficking agreements with trafficking source countries.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and the provision of other state services. The Government
effectively enforced these provisions, but there was some societal
discrimination.
Although the law mandates access to government buildings for
persons with disabilities, mechanical barriers, particularly in public
transport, left such persons at a disadvantage. The Ministry of Labor
and Welfare was responsible for protecting the rights of persons with
disabilities.
ISTAT estimated that there were approximately three million persons
with disabilities. The Governmental research center Isfol reported that
their employment rate (of those between the ages of 15 to 64) was about
45 percent in 2007, while 35 percent received social benefits. Of the
712,000 workers with disabilities registered at public employment
centers during the year, only 4.4 percent found work in 2007. At the
same time, 65,000 positions reserved for them by law remained vacant.
National/Racial/Ethnic Minorities.--There continued to be reports
that police mistreated Roma. The NGOs Opera Nomadi and the Community of
Sant'Egidio reported cases of discrimination, particularly in housing
and evictions, deportations, and government efforts to remove Romani
children from their parents for their protection. Government officials
at the national and local levels, including those from the Interior
Ministry and the Ministry of Equal Opportunity, met periodically with
Roma and their representatives.
In May the Interior Ministry initiated a campaign to crack down on
illegal immigration and to close down illegal encampments, based on an
emergency decree on security and immigration approved on May 21.
Authorities arrested or expelled several hundred foreigners and took
the names of others who lived in encampments near major cities. Other
measures aimed at cracking down on street prostitution, begging, and
selling counterfeit goods, also focused in practice largely on illegal
immigrants.
There were a number of violent attacks against Roma, and some camps
were set afire. On July 29, the commissioner for human rights of the
COE expressed concern about violence against Roma and for the
unacceptable living conditions observed in some camps. On June 6, a 16
year old pregnant Romani girl was attacked while she was begging in
Rimini. On June 9, unknown persons attacked and burned a settlement of
approximately 100 Romanian Roma in Catania.
On May 10, a woman from the Naples suburb of Ponticelli discovered
a 16 year old Roma girl in her home holding the woman's six month old
baby. When the girl attempted to flee, a mob surrounded her and
threatened to lynch her. The girl was arrested. Anti Roma reactions in
Ponticelli were immediate. Several hours after the alleged attempted
kidnapping, a group of about 20 individuals attacked a Romanian
laborer, who was beaten and stabbed once. On May 12, three individuals
doused the entrance to a Ponticelli Roma camp with gasoline and set it
on fire. Several other isolated shacks that were home to Roma were set
on fire in the evenings of May 12 and 13. On May 13, 300 to 400 local
residents assaulted one of the largest Roma camps in the area, home to
48 families. Hooded men armed with metal bars pulled down a fence,
shouted insults and threats, threw stones, and overturned some cars.
Authorities evacuated encampments and relocated former residents to a
larger camp protected by police. On May 14, two abandoned groups of
shacks were set afire, presumably by the same group of vandals, and
with the approval of some local residents, who heckled firefighters
when they arrived. By May 15, all Roma in the area had been forced to
leave the Ponticelli camps to go to camps and a school in other
districts. On December 1, police arrested two individuals in connection
with the Ponticelli attacks.
In 2006 the European Committee of Social Rights ruled that the
country systematically violated the right to adequate housing for Roma
by not providing sufficient camping sites, not providing permanent
housing, and evicting Roma from housing. In 2007 the cities of Rome and
Milan created some equipped camps, but they proved to be insufficient.
There were no accurate statistics on the number of Roma in the
country. NGOs estimated that there were approximately 150,000,
including 75,000 citizens, concentrated on the fringes of urban areas
in the central and southern parts of the country. Roma live in camps
characterized by poor housing, unhygienic sanitary conditions, limited
employment prospects, inadequate educational facilities, and
inconsistent police presence.
There were also instances of discrimination and violence against
African immigrants and residents of African descent. On August 18,
unknown assailants opened fire on the home of Teddy Egonwman, the
president of the Nigerian Association in Campania, severely wounding
him, his wife, and three friends. On September 19, suspected mobsters
killed six African immigrants in a drive by shooting in the Naples
suburb of Castel Volturno. Despite conjecture that the killings were
related to drug trade rivalries, officials stated there was no evidence
the victims were criminals and that racism may have been a motive.
Hundreds of Africans rioted the next day, claiming that the murders
were hate crimes. Less than a week later, African residents of another
Naples suburb who claimed they were being illegally forced out of their
housing found threatening racist graffiti on walls around the town.
The Government's Office to Combat Racial and Ethnic Discrimination
in the Ministry of Equal Opportunity assisted victims of
discrimination. In 2007 the office received about 8,000 calls on its
national hot line. The majority of complaints related to labor
conditions, wages, and discrimination in the provision of public
services. The office provided legal assistance and helped mediate
disputes.
Other Societal Abuses and Discrimination.--There were reports of
societal discrimination based on sexual orientation. On September 15,
an NGO reported that unknown persons painted swastikas and graffiti
saying ``gays in ovens'' in a Rome neighborhood popular with gays. On
July 7, a gay couple was insulted and beaten by a group of youths near
Naples.
On July 12, a court ordered the ministries of Transportation and
Defense to pay 100,000 euros (approximately $140,000) in compensation
for having requested the revocation of a person's driver's license
based on his sexual orientation.
There were no reports of violence or discrimination against persons
with HIV/AIDs.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right to
establish, join, and carry out union activities in the workplace
without previous authorization or excessive requirements, and workers
exercised these rights in practice. The law prohibits union
organization in the armed forces. Unions claimed to represent between
35 and 40 percent of the workforce.
The law provides for the right to strike, and workers exercised
this right by conducting legal strikes. The law restricts strikes
affecting essential public services (such as transport, sanitation, and
health), requiring longer advance notification and precluding multiple
strikes within days of each other.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. The law provides for the
right of workers to organize and bargain collectively, and workers
exercised this right. Employers and unions concluded more than 300
collective agreements, which also covered nonunionized workers.
Approximately 35 percent of the workforce worked under collective
bargaining agreements.
Antiunion discrimination is illegal and the Government effectively
enforced labor laws; employees fired for union activity have the right
to request their reinstatement. There were no reported cases of
discrimination.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and the Government
enforced such laws; however, there were reports such practices
occurred. Women were trafficked for sexual exploitation, children for
sexual exploitation and begging, and workers for agricultural labor or
to work in sweatshops manufacturing counterfeit products.
An independent research center, PARSEC, estimated that in 2007
approximately 500 victims of labor trafficking worked outside the sex
industry, mainly in domestic or agricultural labor and in the service
sector. Forced labor occurred primarily in the agricultural sector and
mostly in the south where, according to the NGO Doctors without
Borders, 90 percent of the foreign seasonal workers were unregistered
and about two thirds of them did not hold residence permits. The top
five source countries for agricultural workers were Poland, Romania,
Pakistan, Albania, and Cote d'Ivoire.
Trafficking victims in the Tuscany region who worked in sweatshops
may have been exposed to dangerous chemicals in the leather industry.
On March 10, authorities arrested a Chinese entrepreneur and
charged him with abetting illegal immigration and exploiting
unregistered workers. Police found 47 Chinese victims of forced labor,
including six minors and two pregnant women, working and living in a
sweatshop near Reggio Emilia.
On February 22, 17 Poles, Ukrainians, Algerians, and Italians who
were arrested in July 2006 received sentences of four to 10 years for
trafficking up to 1,000 Poles over several years for forced
agricultural labor. The traffickers hired the workers out to local
farmers. Victims reportedly responded to an advertisement for migrant
workers, paid a travel fee, received three euros ($4.20) per hour, and
were kept in penury by the traffickers, who charged them for food,
water, and squalid sleeping quarters.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government sought to enforce laws and policies designed to protect
children from exploitation in the workplace; however, there were a
number of reports of child labor.
The law prohibits employment of children under age 15 with some
limited exceptions, and there are specific restrictions on employment
in hazardous or unhealthy occupations for boys under the age of 18 and
girls under the age of 21. Enforcement was generally effective in the
formal economy; however, it was difficult in the extensive informal
economy. In 2006 an independent research center, Censis, estimated that
over 400,000 children between the ages of seven and 14 worked at least
occasionally and that 147,000 of them were exploited. Many of these
children worked in family owned farms and businesses, which is illegal
if it interferes with education.
Illegal immigrant child laborers, mostly from 15 to 18 years old,
continued to enter the country from northern Africa, the Philippines,
Albania, and China. They worked primarily in the manufacturing and
services industries. Most arrived with their parents; however, there
were significant numbers of unaccompanied minors.
Children were trafficked for sexual exploitation and begging.
Minors represented about 15 percent of the total victims of trafficking
and smuggling from Romania; most were engaged in prostitution. In 2007
about 300 minors were trafficking victims, according to the Ministry
for Equal Opportunity. National and local authorities provide minor
victims automatic residency permits (valid until age 18) and access to
education and other assistance programs. In 2006, 266 minors entered
social protection programs.
The Government, employers' associations, and unions continued their
tripartite cooperation to combat child labor. The Ministry of Labor and
Welfare, working with police and Carabinieri, is responsible for
enforcement of child labor laws, but their efforts were often
ineffective.
e. Acceptable Conditions of Work.--The law does not specify the
amount of the minimum wage; it provides for it to be set through
collective bargaining agreements on a sector by sector basis. The
minimum wage in most industries provided a decent standard of living
for a worker and family. Courts effectively enforced the wages set
through collective bargaining agreements, but workers in the informal
sector often worked for less than the minimum wage.
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. These standards
were effectively enforced.
The law sets basic health and safety standards and guidelines for
compensation for on the job injuries. There were labor inspectors in
both the public health service and the Ministry of Labor and Welfare,
but their numbers were insufficient to ensure adequate enforcement of
health and safety standards. The standards were not enforced in the
informal economy. According to the Workmen's Compensation Institute,
there were 779 work related deaths from January through September.
Workers have the right to remove themselves from dangerous work
situations without jeopardizing their continued employment, and the
Government effectively enforced this right.
__________
KOSOVO
Kosovo declared independence from Serbia on February 17. The
country has a population of approximately 2.2 million. The UN Interim
Administrative Mission in Kosovo (UNMIK) administered Kosovo under the
authority of UN Security Council (UNSC) Resolution 1244 of 1999 until
June 15, when the country's constitution entered into effect. The
constitution establishes a parliamentary democracy and incorporates
international human rights conventions and treaties. Multiparty
elections in November 2007 for the Assembly generally reflected the
will of the voters. Prior to February 17, Kosovo was administered under
the civil authority of UNMIK, led by a special representative of the UN
secretary-general (SRSG). The Government gradually assumed authority
and responsibilities in most areas during the year. With the
promulgation of the constitution in June, the UNMIK role in the
administration of Kosovo was supplanted by other internationally-
sponsored mechanisms envisioned under the Ahtisaari plan, including the
International Civilian Office and the EU Rule of Law Mission (EULEX),
which replaced UNMIK police on December 9. The Government, UNMIK
international civilian authorities, and the UN-authorized North
Atlantic Treaty Organization peacekeeping force for Kosovo (KFOR)
generally maintained effective control over security forces.
The Government and UNMIK generally respected the human rights of
residents; however, there were problems in some areas, particularly
relating to minority communities. The most serious of these were deaths
and injuries from unexploded ordnance or landmines; corruption and
government interference in security forces and the judiciary; lengthy
pretrial detention and lack of judicial due process; cases of
politically and ethnically motivated violence; societal antipathy
against Serbs and the Serbian Orthodox Church; lack of progress in
returning internally displaced persons to their homes; government
corruption; violence and discrimination against women; trafficking in
persons, particularly girls and women for sexual exploitation; societal
violence, abuse, and discrimination against minority communities;
societal discrimination against persons with disabilities; abuse and
discrimination against homosexuals; and child labor in the informal
sector.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government, UNMIK, or its agents committed arbitrary
or unlawful killings. Unlike in previous years, UNMIK forces did not
kill any individuals during demonstrations.
On April 4, Human Rights Watch wrote to the governments of Kosovo
and Albania requesting that the governments investigate alleged organ
trafficking of civilians from Kosovo to Albania during the 1999 Kosovo
conflict. Both governments rejected the allegations. In 2004
allegations first arose that in 1999 traffickers kidnapped civilians
from Kosovo and brought them to Albania, where some were killed and
their organs sold. At that time UNMIK and the International Criminal
Tribunal for the Former Yugoslavia (ICTY) conducted preliminary
investigations into the matter, which resulted in no further action.
Albanian authorities stated that they cooperated in those
investigations. In July the Council of Europe appointed a special
rapporteur to report on the allegations. In October Albanian
prosecutors met with their Serbian counterparts in Tirana to discuss
the issue. They were unable to agree on joint next steps.
During the year UNMIK authorities completed their investigation in
the case of UNMIK security forces who shot and killed two protesters
and seriously wounded two others with rubber bullets during a February
2007 demonstration by the Self-Determination Movement in which
protestors became violent. The UNMIK Department of Justice concluded
the loss of life was unjustified and that the facts gave reasonable
suspicion of criminal acts among security personnel who had fired the
rubber bullets. The UNMIK Department of Justice also concluded that
insufficient evidence existed for charges to be lodged against any
particular officers.
There were reports of politically motivated attacks and threats
against Kosovo Albanian political and institutional figures during the
year.
On January 8, prosecutors charged Kosovo Serbs Milic Milicevic,
Milivoje Zdravkovic, Radojko Dunjic and Dusan Manjolovic for assaulting
members of SRSG Joachim Ruecker's and KFOR Commander General Xavier de
Marnhac's security detail in Gorazhdec/Gorazdevac, Peje/Pec in December
2007. According to media accounts, some Kosovo Serb villagers were
angry that Ruecker and de Marnhac had chosen to meet with two Kosovo
Serbs working for the Kosovo government whom the attackers believed did
not represent the broader community. There were no reports of injuries.
During the year there were reports of two deaths and three injuries
from landmines or unexploded ordnance from the 1998-99 conflict.
There were developments in the February 2007 incident in which
shots were fired at Anton Berisha, the head of the Telecommunications
Regulation Authority, as he traveled on the Pristina-Peje/Pec highway.
On April 22, the Pristina District Court placed suspects Agron
Haradinaj, Mentor Qela, Agim Hoti, and Driton Spahiu in pretrial
detention. Police also arrested and subsequently released three others
suspected of involvement. The trial of the four defendants continued at
year's end.
There were no developments in the 2007 killing of Kosovo Police
Service (KPS) officer Avni Kosumi; a police investigation remained
ongoing at year's end.
There were no developments during the year in the December 2006
case of Hetem Sadri Rexhaj, who was killed in police custody in Peje/
Pec. There were also no developments in the investigations of the
following killings that may have been politically motivated: the 2006
killing of Mark Oroshi, who was suspected of killing attorney and
Istog/Istok Democratic League of Kosovo (LDK) political activist Shaban
Manaj in 2001, or the 2006 killing of Kosovo Serb Dragan Popovic, who
was shot and killed in his home in the ethnically mixed Kline/Klina
municipality.
On April 17, the Prizren District Court convicted Osman Zyberaj and
Shyqeri Shala for the 2005 murder of Hasan Rrustemi and the attempted
murder of Nezim Rrustemi. Both victims were witnesses in the then-
ongoing trial of Selim Krasniqi, a Kosovo Protection Corps (KPC)
officer charged with war crimes against Kosovo Albanian civilians in
the Drenoc/Drenovac Detention Camp in Prizren in 1998. Krasniqi and one
codefendant were convicted and sentenced to 7 years' imprisonment in
2006.
On June 6, Florim Ejupi was found guilty for the ``Nis Express''
bus bombing case and sentenced to 40 years' imprisonment. Ejupi had
been indicted on charges that he and accomplices planned and executed
the 2001 bombing near Podujeve/Podujevo that killed 11 Kosovo Serbs and
injured 40 others.
b. Disappearance.--There were no reports of politically motivated
disappearances; however, there were still thousands of persons missing
from the 1998-99 conflict whose remains had not been identified or
whereabouts determined.
According to the International Committee of the Red Cross (ICRC),
as of November there were 1,919 persons still listed as unaccounted for
since the 1998-99 conflict, of whom 70 percent were Kosovo Albanians
and 30 percent were Kosovo Serbs and other minorities.
During the year the Ministry of Justice and the Office on Missing
Persons and Forensics (OMPF) continued to identify the remains of
missing persons. On December 9, EULEX joined their operations. Since
2002 the OMPF, in coordination with the Ministry of Justice, performed
642 field operations and exhumations, 71 of which took place from
January to November. Since 2002 the OMPF recovered the remains of over
3,800 missing persons and focused on identifying 1,570 sets of human
remains discovered in Kosovo, along with approximately 900 sets from
Serbia.
By the end of November, 396 unidentified sets of remains were in
OMPF custody (354 bodies were exhumed in Kosovo and 42 were transferred
from Serbia). Through November the OMPF received 101 positive DNA match
reports, representing 54 identifiable individuals. During that same
period, the OMPF and the International Commission on Missing Persons
worked on the identification of 12 cases of missing persons for which
there were not enough blood donors to provide information for a match.
DNA information and traditional methods were combined to confirm
identification of remains. During the first 11 months of the year, the
OMPF conducted 71 field operations, recovering 60 unidentified remains
and transferring them to the mortuary for autopsy and identification.
In 2006 the Serbian government transferred the last sets of
identified remains of Kosovo Albanian victims of the 1998-99 conflict
found in mass graves in Serbia. These remains were returned to families
for burial. Families of the missing continued to request that the
Serbian government provide access to records that might indicate
locations of additional mass graves or places where bodies may have
been incinerated.
During the year, officials from Kosovo and Serbia met three times
in a working group on missing persons, chaired by the ICRC and under
the auspices of the SRSG. Although a sub-working group on forensic
issues met three times during the year and the parties conducted
several teleconferences on forensic issues, hundreds of sets of human
remains in the Pristina morgue remained unidentified.
According to the ICRC, during the period between January and
August, the OMPF handed over 75 identified sets of human remains to
families, including nine victims from ethnic minority communities.
Forty-one were transferred through the OMPF from Serbia to Kosovo; 16
were transferred from Kosovo to Serbia (exhumed in Kosovo and handed
over to families in Serbia), and 98 were transferred within Kosovo
(exhumed in Kosovo and handed over to families in Kosovo).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law and constitution prohibit such practices. Unlike
the previous year, there were no reports that the Government, UNMIK
(which maintained oversight and executive authority in police functions
through December 9), EULEX, or KFOR (which has limited arrest and
detention authority) engaged in such practices.
In April 2007 a KPS-led raid in the Serb-majority municipality of
Shterpce/Strpce, conducted solely by ethnic Albanian police officers,
resulted in injuries to several Kosovo Serb suspects and credible
allegations of excessive use of force and inappropriate behavior. As a
result, the KPS launched an investigation of 11 officers. The KPS
issued formal disciplinary letters to five of the officers and cleared
the remaining six officers of wrongdoing. Following this incident, KPS
implemented a new requirement that at least one KPS officer who belongs
to the ethnic group targeted by a police operation participate in
planning. Additionally, new guidelines require that an officer who
speaks the language of the suspects must be present at all times to
translate.
Prison and Detention Center Conditions.--Prisons and detention
centers reportedly met international standards; and the Government
permitted visits by independent human rights observers. During the year
there were some allegations of abuse and mistreatment of prisoners. The
Kosovo Rehabilitation Centre for Torture Victims (KRCT), an NGO that
visited and monitored Kosovo prisons during the year, reported in
December that Kosovo Correctional Service (KCS) staff physically and
verbally abused prisoners at the Dubrave/Dubrava prison. The KRCT also
reported on additional allegations of mistreatment regarding the
Lipjan/Lipljan prison.
In August 2007, a group of prisoners incarcerated for terrorism,
murder, attempted murder, and robbery escaped from Dubrave/Dubrava
prison. Police subsequently arrested three escapees. Macedonian police
subsequently killed three other escapees near Tetovo, Macedonia, in
November 2007. On March 25, the KPS confirmed the arrest of three
additional escapees. At year's end, two escapees remained at large.
UNMIK reported bringing disciplinary proceedings against KCS
members during the year. Through November 30, 22 KCS staff members were
dismissed from the service, three received written warnings, and one
staff member was demoted.
During the year the average monthly prison population at Dubrave/
Dubrava was 744 inmates, below its total capacity of 1,104. The
Dubrave/Dubrava and Lipjan/Lipljan prisons and six detention centers
operated during the year, including the newly renovated Lipjan/Lipljan
detention center.
During the year UNMIK completed transfer of responsibility for
administering Kosovo's prisons to the KCS, which operates under the
Ministry of Justice. The KCS managed daily operations at the Dubrave/
Dubrava prison, with the exception of the 32-prisoner high-risk
section, which remained under international supervision. UNMIK retained
a limited monitoring and mentoring role in the prisons and relinquished
its previous authority to take control of the prison system during
emergencies.
UNMIK permitted ICRC and ombudsman visits and monitoring of the
country's prisons and detention centers. In February 2007 the Ministry
of Justice granted the Council for Defense of Human Rights and Freedoms
(CDHRF), a local NGO, full access to all prisons, detention centers,
and correction centers. The CDHRF had previously complained that it was
denied access on some occasions. The CDHRF, along with the ICRC, the
ombudsman, and the Kosovo Center for the Rehabilitation of Torture
Survivors inspected Dubrave/Dubrava prison during the year.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government, UNMIK, and
KFOR generally observed these prohibitions.
Role of the Police and Security Apparatus.--Local security forces
included the KPS and the KPC, a civilian emergency response
organization that functioned under the authority of the SRSG. Through
early December, UNMIK maintained oversight and intervention authority
over the police but continued to transfer police authority and
functions to the KPS. On December 9, EULEX took over UNMIK's mandate to
monitor, mentor, and advise local judicial and law enforcement
institutions. EULEX also possessed limited executive authority in areas
including war crimes, witness protection, the Financial Intelligence
Unit, and international police.
Through early December, an international commissioner of police
directed both UNMIK police and the KPS. After December 9, the head of
the EULEX police component assumed responsibility for monitoring,
mentoring, and advising the KPS. Members of ethnic minorities comprised
15.5 percent of 7,050 KPS officers at year's end; 10 percent of KPS
officers were Kosovo Serbs. Following the February 17 declaration of
independence, 347 Kosovo Serb officers began boycotting the KPS in
protest, largely at the behest of Serbian authorities; however, the
Ministry of Internal Affairs continued to pay the boycotting officers.
Women accounted for approximately 15 percent of KPS officers.
Executive authority over the KPS was shared among the Government,
UNMIK, and EULEX. The KPS was responsible for all day-to-day police
operations in all areas of the country except the northern regions of
Zubin Potok, Zvecan, Leposaviq/Leposavic, and Mitrovice/Mitrovica. In
those regions Kosovo Serb KPS units worked directly for UNMIK until
EULEX supplanted UNMIK on December 9. Specialized police units on war
crimes, counterterrorism and hostage rescue, and the witness protection
program remained staffed by international UN police officers and
operated independently of the KPS due to the sensitivity of those
functions. Units on criminal intelligence and organized crime were
operated jointly. Both the international police and the judiciary have
broad discretion to intervene in any particular criminal matter. As a
practical matter, most policing duties and responsibilities were in the
hands of the KPS.
Corruption and government influence remained problems in the
security forces. For example, in September police arrested seven
members of the Customs Service for their involvement in a ring
smuggling pharmaceuticals into the country. There was no further
information available at year's end.
The Police Inspectorate of Kosovo (PIK) operates as an independent
body under the Ministry of Internal Affairs, designed to promote police
efficiency and effectiveness, hold police accountable for their
actions, and investigate alleged legal violations. The PIK forwards the
results of investigations revealing violations to the Senior Police
Appointment and Disciplinary Committee (SPADC) for possible further
action. During the year the PIK investigated 2024 active cases, of
which 789 were based on complaints from citizens, and 1,235 were from
the KPS itself. Of those cases, 168 were being investigated further,
323 were deemed unfounded, 482 investigations were completed and
forwarded to SPADC, and 781 were turned over to the Professional
Standards Unit (PSU), which focused on investigating and punishing
minor police offenses. The remaining 270 cases were still under
investigation. Forty-three percent of serious violations were for
conduct unbecoming an officer, while 30 percent were for
insubordination. Nine percent of investigations involved allegations of
inappropriate use of force, 5 percent focused on allegations of
criminal offenses, and 1.5 percent concerned complaints of corruption.
The PSU handles the investigation and punishment of minor police
offenses and is run by the KPS. During the year, the PSU opened 989
cases, most commonly involving unauthorized absence from duty, leaving
the area of assignment, and damage or loss of police property. As of
year's end, 716 of these cases were completed, 500 were deemed to have
merit, 212 were deemed unfounded, and four remained open. The PSU
closed one case without investigative measures due to the resignation
of the accused officer. Sanctions ranged from dismissal to temporary
suspension or mandatory training. As of December, a total of 273 cases
were still under investigation; in cases involving violations of the
criminal code, many of the employees were suspended temporarily pending
a court decision.
Arrest and Detention.--Police generally made arrests openly using a
warrant issued by a judge or prosecutor; however, in some cases, masked
or undercover officers conducted arrests. By law, arrests must be based
on prosecutor orders and arrestees must be brought before a judge
within 72 hours. The majority of the year's arrests were carried out by
the KPS. There were no reports that the KPS abused the 7-hour rule;
authorities generally charged arrestees within six hours or released
them. Arrestees have the right to be informed of the reason for their
arrest in a language they understand; to remain silent and not answer
any questions except those concerning their identity; to obtain free
assistance of an interpreter; to obtain defense counsel and to have
defense counsel provided if they cannot afford one; to receive medical
and psychiatric treatment; and to notify a family member. KPS and UNMIK
police generally respected these rights in practice.
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 7-hour period. After
144 hours, KFOR must then release a detainee. There were no reports
that KFOR arrested persons without a warrant during the year.
KPS and UNMIK police may hold individuals for up to 72 hours
without a court order. The court may hold individuals in pretrial
detention for 30 days from the day of arrest but can extend detention
up to a total of 18 months. The law allows for house arrest,
confiscation of travel documents, and expanded use of bail as
alternatives to pretrial detention, but these were applied in only a
handful of cases. Defendants could also appeal their detention on
remand.
Lengthy detentions, both before and during judicial proceedings,
remained a problem. The law provides that a judge may impose this
extraordinary measure only when ordinary measures, such as house
arrest, are insufficient to secure the defendant's presence during
criminal proceedings and enable proper administration of the criminal
proceedings. In practice judges routinely used detention on remand
without showing any evidentiary justification.
Trial delays were caused by factors including judicial inefficiency
and corruption.
e. Denial of Fair Public Trial.--The constitution, the previous
constitutional framework, and the Government provide for an independent
judiciary; however, the local judiciary was at times biased and subject
to outside influence and did not always provide due process. There were
credible reports of corruption in the local judiciary, and the court
system was inefficient.
Until December 9, legal authority was held by UNMIK under UNSC
Resolution 1244. UNMIK police and justice authorities held executive
responsibility for the judicial system but worked with local judges and
prosecutors; UNMIK continued to transfer some reserved competencies to
the Ministry of Justice, the Ministry of Internal Affairs, and the KJC
until it was replaced by EULEX. The Serbian government continued to
operate an unsanctioned parallel judicial system in Kosovo Serb
enclaves and in majority Serb municipalities. In mid-March protests
against Kosovo's independence, Kosovo Serb protesters forced the
closure of the district and municipal courts in Mitrovice/Mitrovica and
municipal courts in Leposaviq/Leposavic and Zubin Potok. On October 3,
UNMIK announced the reopening of the Mitrovice/Mitrovica District
Court. On December 9 EULEX deployed three judges, three prosecutors,
and three legal officers to the Mitrovice/Mitrovica District Court. The
municipal courts remained closed at year's end.
The court system includes a Supreme Court, five District Courts,
including a commercial court, 25 municipal courts, 25 minor offense
courts, and an appellate court for minor offenses. At year's end there
were eight UNMIK-appointed international judges and seven international
prosecutors. The Government maintained a central public prosecutor's
office, five district prosecutors, and seven municipal prosecutors. The
Kosovo Special Prosecutors Office continued to operate under UNMIK
oversight, and included six special prosecutors focused on serious
crimes including human trafficking, corruption, and counterterrorism.
While the law provides that a panel of two professional and three
lay judges try serious cases, an UNMIK regulation authorizes
international prosecutors to try cases of a sensitive ethnic or
political nature before a panel of three international judges. Since
beginning their work in 2000, international prosecutors completed 513
of the 727 cases assigned to them.
During the year UNMIK divided its Judicial Inspection Unit into two
distinct units: the Office of the Disciplinary Counsel (ODC) and the
Judicial Audit Unit (JAU). The ODC was responsible for investigating
the activities of judges, prosecutors, and lay judges and for
prosecuting cases of misconduct before the Kosovo Judicial Council
(KJC). The JAU analyzed and evaluated the functioning of the courts and
public prosecutors' offices, and submitted reports and recommendations
to the KJC, Ministry of Justice, and the Assembly. Since 2001 the ODC
processed a total of 2,482 complaints, including 399 during the year.
Of those 399, the unit rejected 221 cases and completed 50
investigations. During the year the ODC referred 40 cases to the KJC,
which had a total of 59 cases pending at year's end. The KJC convened
one disciplinary hearing before the Judicial Disciplinary Committee.
During the year the JAU completed three audit reports.
Trial Procedures.--Trials are public, and the law provides for the
right of defendants to be present at their trials, to confront
witnesses, to see evidence, and to have legal representation.
Representation may be provided at public expense if necessary; however,
this procedure was used rarely in practice. Defendants are presumed
innocent until proven guilty and have the right of appeal. Trials are
heard by panels consisting of professional and lay judges; there are no
jury trials.
In 2007 the Government established a Legal Aid Commission, an
independent government agency that provides free legal assistance to
low-income individuals. The commission began operations in January. As
of June 30, it had provided legal assistance to 538 persons through the
five district Legal Aid bureaus. The commission provided assistance to
272 persons in administrative matters, 207 in civil matters and 59 in
criminal matters. Of all persons receiving assistance, 207 (38 percent)
were female and 48 (9 percent) were minorities, including members of
the Roma, Turkish, Bosniak, Serbian, and Egyptian communities. The
commission referred 79 cases (15 percent) to advocates from the
national bar association for legal aid-funded court representation
while legal aid officers handled the remaining cases. The most common
types of legal disputes included social assistance and pension cases,
property and family law cases, and inheritance disputes.
The Ministry of Justice-operated judicial integration section
continued to address judicial system problems affecting minorities. In
addition, the ministry operated 11 court liaison offices to assist
minority communities in Kosovo Serb-majority areas by accompanying
members of minorities to courts, filing documents with courts on their
behalf, and providing information and legal assistance to refugees and
internally displaced persons (IDPs). In response to past criticism by
legal experts and human rights observers of a lack of fairness in
criminal trials involving ethnic minorities, international judges and
prosecutors-rather than Kosovo Albanians-tried and prosecuted cases
involving Kosovo Serbs.
Kosovo's justice system and the ICTY continued to identify and
punish perpetrators of war crimes from the 1998-99 conflict; however,
many cases remained unresolved.
On May 27, Pristina police arrested Gjelosh Krasniqi, one of four
men implicated in the 1999 disappearance of police officer Mark Luli,
and charged Krasniqi with war crimes, kidnapping, robbery, and murder.
Prosecutors alleged that Krasniqi and three unknown armed suspects
entered Luli's home dressed in German KFOR uniforms and ordered Luli to
accompany them; Luli was never seen again. Krasniqi remained in custody
awaiting trial at year's end.
On October 10, an international prosecutor indicted Momcilo
Jovanovic for war crimes in the Peje/Pec District Court. Jovanovic was
charged with murder and other violations of the laws of war for
incidents that took place in 1998 and 1999 in the village of Katundi i
Ri/Vitomirca. Further court proceedings were pending at year's end.
Political Prisoners and Detainees.--There were no reports that the
Government, KFOR, or UNMIK held political prisoners or detainees during
the year.
Civil Judicial Procedures and Remedies.--According to a 2006
Organization for Security and Cooperation in Europe (OSCE) report,
interference by municipal authorities and the UNMIK Department of
Justice hampered judicial independence in civil matters. The OSCE cited
instances in which municipal authorities plainly obstructed court
proceedings, pressured judges in cases to which authorities were party,
and influenced third parties to prevent courts from exercising their
authority. The OSCE also reported that the UNMIK Department of Justice
instructed judges not to process claims for compensation for property
damages caused by KFOR, UNMIK, or the municipalities. During the year
the OSCE reported some progress in this area but not enough to reduce
the backlog. The UNMIK Department of Justice claimed that it did not
pursue such compensation claims because the logistical challenges they
posed were insurmountable. It also claimed that an influx of property-
related claims would hinder the courts' work, increase their already
large backlog of cases, and require special planning and coordination,
since it would be necessary to provide security escorts to a large
number of Kosovo Serb claimants. In July 2007 the OSCE reported that
UNMIK and municipal authorities improperly interfered with judicial
independence in the proposed sale of property in the Roma settlement in
the Mitrovice/Mitrovica region.
In November the Commission of the European Communities reported
that the Kosovo judicial system remained weak at all levels. The
Commission report cited the low public confidence in the justice system
as well as the continuing existence of three parallel sources of
legislation: ex-Yugoslav law, UNMIK regulations, and Kosovo law as
particular problems. The Commission also noted that the backlog of
court cases remained a serious problem.
There were no reports of difficulty in enforcing court orders
resulting from civil litigation. However, according to a 2006 survey,
only 14 percent of the pending cases to affect a civil order resulted
from civil litigation; 69 percent of such cases dealt with debt
collection by utility companies.
Property Restitution.--The Kosovo Property Agency (KPA) is
responsible for the resolution of residential, commercial, and
agricultural property claims arising from the Kosovo conflict.
As of December the KPA administered 4,146 properties; 3,173 upon
the request of a successful claimant, and 973 based on ex officio
interventions by the Housing and Property Claims Commission (HPCC, the
predecessor adjudication agency to the KPA). Of these cases, 135 were
subjects of repossession requests. As of December, the agency had
received 40,065 total claims: 35,955 for agricultural property, 1,011
for commercial property, and 3,099 for residential property. Kosovo
Serbs in the northern part of Mitrovice/Mitrovica continued to occupy
Kosovo Albanian properties, while Kosovo Albanians in the southern part
occupied and denied Kosovo Serbs access to their property.
The KPA's mandate includes supervising the rental of specific,
abandoned properties in Kosovo, most of which belonged to Kosovo Serbs.
To that end, the agency managed a rental scheme for properties under
its administration, enabling property holders to receive rental income.
At year's end, a total of 897 properties were being rented, 158 of
which were rented ex officio. The KPA collected 653,562 euros
(approximately $892,852) in rent through this program.
The KPA remained unable to enforce 10 remaining HPCC decisions (of
approximately 30,000 total) for properties located in northern
Mitrovice/Mitrovica, due to concern by authorities that attempts at
enforcement would lead to violence. Similar difficulties hindered
enforcement of the rental scheme in the north Mitrovice/Mitrovica.
On May 15, the SRSG reconstituted the HPCC under the KPA to examine
requests for reconsideration in instances where the original claim had
been denied. The HPCC resolved 12 requests for reconsideration
originating from the old HPD mandate in its June and August meetings.
Additionally, the Kosovo Property Claims Commission, a quasi-judicial
arm of the KPA acting under the KPA mandate, resolved 14,088 claims by
the end of August.
In June the law was amended to bring the KPA under the control of
the Government; the Serbian government subsequently suspended the KPA's
access to cadastral and other relevant property records located in
Serbia. The Serbian government announced that the suspension would
continue until UNMIK reasserted its authority over the KPA. The
suspension of the KPA's operations in Serbia significantly reduced the
agency's ability to fulfill its mandate, since 90 percent of the
claimants were located outside of the country. The suspension prevented
access to the relevant archives and caused delays in claims
adjudication.
The backlog of property-related claims in municipal courts remained
high, with some 21,000 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, UNMIK, and KFOR generally respected these prohibitions
in practice. KFOR forces assisted UNMIK civilian police and the KPS in
conducting searches for high-risk suspects and independently searched
private property for weapons without court orders, based on UNSC
Resolution 1244's peacekeeping authority.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government and UNMIK
generally respected these rights in practice. However, there were
reports of intimidation of reporters, including by officials in the
public sector and government and by politicians and businesses. The
media also encountered difficulties and obstructions in obtaining
information from the Government and public institutions. The law on
broadcast media prohibits hate speech and speech that incites ethnic
violence.
Individuals generally could criticize authorities publicly or
privately without reprisal.
According to the Association of Professional Journalists of Kosovo,
media outlets' financial difficulties left their editorial independence
and journalistic professionalism vulnerable to outside influence and
pressure. Some newspapers were financially self-sufficient or operated
through aid donations and thus were able to develop editorial policies
independent of business and political interests. However, other
newspapers relied on funding from businesses and political interest
groups, who provided financial support in exchange for positive
coverage. During the year there were no reports that the Government or
UNMIK pressured or influenced the independent print media.
Print media were self-regulated by a press code of conduct adopted
by the Press Council of Kosovo, an organization composed of print
editors and publishers. The council's complaint board may impose fines
for breaches of the code of conduct, including penalties of up to 2,000
euros ($2,600) for serious violations, such as hate speech and
defamation.
During the year the country had 113 licensed broadcasters (45 of
which broadcast in minority languages), and these broadcasters
expressed a wide variety of views. Of the 68 broadcasters whose primary
language was Albanian, the three public television stations of the
government-funded RTK group (TV, Radio Kosova, and Radio Blue Sky),
also broadcast daily in minority languages.
Journalists reported pressure from politicians and organized crime,
which frequently resulted in indirect forms of censorship. Some
journalists refrained from critical investigative reporting out of fear
for their personal security. Journalists were occasionally offered
financial benefits in exchange for positive reporting or for abandoning
an investigation; some were verbally threatened by government officials
and suspected criminals for perceived negative reporting on them.
According to editors, government agencies withdrew regular advertising
from newspapers that had published critical coverage of them.
The Assembly directly oversaw Radio Television Kosovo (RTK), the
country's public broadcaster, and the Ministry of Finance controlled
its budget. The law provides for regulation of RTK program content and
requires that at least 15 percent of RTK program time, including prime
time, be dedicated to minority communities in their respective
languages on a proportional basis.
The Independent Media Commission implemented regulations and
enforced codes of conduct governing broadcast media. The commission is
a permanent body overseen by a seven-member governing council that
includes two international members.
On May 14, the Independent Media Commission Council expressed
concern over a request from the prime minister's office to national
broadcasters, asking them to broadcast and rebroadcast an April 16
speech, at specific times and in a coordinated manner. The council
noted that the tone of the request, with explicit instructions, could
only be interpreted as pressure by the Government on independent media.
Following public criticism, the newspaper Infopress stopped
publishing lists of Kosovo Serbs drafted into the Yugoslav Army during
the 1998-99 conflict.
Unlike in previous years, there were no altercations reported
between journalists and police. However, during the year the
Association of Professional Journalists of Kosovo reported 13 instances
of press freedom abuses. Those included verbal threats to journalists
and their agencies by subjects affected by negative media coverage, and
pressure not to publish certain materials and articles.
During the year there were several incidents of violence or
harassment directed at the media.
On January 6, a group of over 20 Kosovo Serb men attacked a four
person KTV crew filming the celebration of Orthodox Christmas near the
Kosovo Serb enclave of Gracanice/Gracanica. The attack took place when
the group learned that crew members were Kosovo Albanians. The group
obstructed the cameraman while he was filming and punched him twice in
the head. Police intervened on behalf of the crew and escorted them out
of the village. The case was referred to the police, but there were no
further developments in the matter.
On February 21, a locally hired cameraman of the Tirana-based Top
Channel TV was attacked while filming an anti-independence protest in
north Mitrovice/Mitrovica. A group of protestors, led by a masked man,
approached the cameraman, beat him, and destroyed his camera within
view of KPS and UNMIK police. Following the incident, a KPS
spokesperson told reporters that he regretted the assault on the
cameraman, adding that he urged the reporters and the cameraman to stay
away from the crowd. The case was reported to the police but no arrests
followed.
On June 6, crew members from the Balkan Investigative Reporting
Network (BIRN) were intimidated and assaulted by security personnel at
the KJC building. The television crew was preparing a story on local
courts' unpaid electricity bills when a KJC security guard twisted the
cameraman's hand, damaging the camera, and detained the cameraman for
an hour inside the building. The guard accused the crew of attempting
to secretly film the building. There were no further developments in
this case by year's end.
There were no developments in the following 2007 cases: the March
2007 assault on Lajm reporter Enis Veliu; and the September arson at
the home of journalist Milaim Zeka, who had written reports about
controversial cases, including high-profile killings and corruption.
Internet Freedom.--There were no government, UNMIK, or KFOR
restrictions on access to the Internet or reports that the Government
monitored e-mail or Internet chat rooms. Individuals and groups could
engage in the peaceful expression of views via the Internet, including
by e-mail. In September the Telecommunications Regulatory Authority
reported that approximately 23 percent of citizens used the Internet
daily.
Academic Freedom and Cultural Events.--There were no government,
UNMIK, or KFOR 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, UNMIK, and KFOR generally respected this right in
practice. An UNMIK regulation required that demonstration organizers
give 48 hours advance notice for police coordination.
On February 19, ethnic Serb protestors from Kosovo and Serbia
attacked the Gate 1 and Gate 31 border crossings between Kosovo and
Serbia to protest the independence declaration. After the protestors
departed, KFOR units regained control of the gates and closed them to
border crossings for 24 hours. On February 20, authorities reopened the
gates without the presence of customs officers, but with UNMIK, KFOR,
and the KPS present. By year's end EULEX customs officers had begun
performing limited customs duties at those sites.
On February 22 a group of Kosovo Serbs in northern Mitrovice/
Mitrovica protested the country's independence declaration and the
EULEX mission by throwing fireworks and rocks towards police officers
deployed on the northern side of the Iber/Ibar Bridge. The crowd
dispersed after two hours of protests.
On February 25 Serbian Army reservists protesting Kosovo
independence injured 19 KPS members by throwing rocks at them at the
Gate 4 border crossing between Kosovo and Serbia. Police reopened the
crossing the following day.
The KPS used force on a few occasions to disperse demonstrations
and beat demonstrators while making arrests.
On March 14, Kosovo Serb protesters stormed the district and
municipal court in north Mitrovice/Mitrovica, forcing their way past 45
police officers in riot gear. On March 17, UNMIK police, supported by
KFOR, retook the courthouse using tear gas and rubber bullets. During
the operation, 47 UNMIK personnel were injured, and Ihor Kynal, a
Ukrainian international police officer, was killed by a hand grenade
thrown by an unidentified protester. During the melee, two Kosovo Serb
KPS officers who were participating in the protest were injured.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government, UNMIK, and KFOR generally
respected this right in practice.
The OSCE Mission in Kosovo routinely registered political parties
under UNMIK auspices, and the Ministry of Public Services registered
NGOs. Following independence, this authority transferred to the Central
Election Commission.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government and UNMIK generally respected
this right in practice. The constitution incorporates international
human rights conventions and includes provisions that protect religious
freedom and prohibit religion-based discrimination.
There are no specific licensing regulations for religious groups;
however, religious organizations must register as NGOs with UNMIK and
the Ministry of Public Services in order to purchase property or
receive funding from UNMIK or other international organizations.
Religious groups complained that NGO status did not adequately reflect
their religious character, and the Protestant Evangelical Church
refused to register as an NGO.
At a June 5 meeting, the Decan/Decani municipal assembly
unanimously rejected an SRSG decision which maintained the monastery's
ownership over disputed property in the area pending a court decision.
Pursuant to a 2002 law requiring public education institutions to
refrain from religious instruction or other activities promoting any
specific religion, the Ministry of Education prohibited the wearing of
headscarves. The ministry continued to enforce this prohibition,
particularly at schools with obligatory uniforms, despite a 2004
opinion by the ombudsman that the rule should apply only to teachers
and school officials, not students.
On February 26, the ombudsman received a complaint from a student
in a secondary school in Viti/Vitina municipality that she was ordered
by her principal not to attend school with her headscarf. The ombudsman
requested that the Education Ministry allow her to attend with a
headscarf, and on September 1, the student resumed attending classes
while wearing her headscarf. During the year two women also complained
to the ombudsman that they applied for teaching positions in two
separate secondary schools but were not hired because they wore
headscarves. In both cases the ombudsman advised the complainants to
pursue their cases in court.
Protestant groups continued to report that they experienced
discrimination in media access, particularly by public television
station RTK. The Protestant Evangelical Church in Kosovo, known as the
Fellowship of the Lord's People, reported in 2006 that Decan/Decani
municipality, citing negative reaction from local citizens, denied it
permission to build a church facility on land the church purchased
previously. The case remained pending before the Supreme Court at
year's end.
While several Protestant churches were burglarized during the
reporting period, community leaders did not consider these incidents to
be motivated by religious discrimination. However, individual
Protestants alleged verbal discrimination directed against them.
The Islamic community continued to assert that UNMIK's denial of a
radio frequency for an Islamic radio station and the national library's
closure of its prayer room constituted violations of religious freedom.
Societal Abuses and Discrimination.--Societal violence decreased
marginally, but tensions between ethnic communities remained high,
especially following the February 17 declaration of independence.
Security concerns continued to affect the Kosovo Serb community and
its freedom to worship. Some Kosovo Serbs asserted that they were
unable to travel freely to practice their faith.
Unlike in previous years, there were no reported incidents of rock
throwing and other assaults against Serbian Orthodox clergy traveling
outside of their monasteries. However, pilgrims traveling by bus from
Serbia to attend services at Decan/Decani Monastery often had rocks
thrown at their vehicles, usually by children. In the western
municipalities of Peje/Pec, Decan/Decani, Gjakove/Djakovica, Istog/
Istok, Kline/Klina, Skenderaj/Srbica, and south Mitrovice/Mitrovica,
clergy requested and received KFOR vehicle escorts. Clergy stated that
they could not visit church members in the west (where the most
important Serbian Orthodox holy sites were located) without an escort,
and members cited threats to their security as impediments to their
ability to visit holy sites. Monks and nuns at some monasteries
reportedly did not use parts of monastery property-often land outside
the monastery walls-due to safety concerns.
During the year, prosecutors decided to pursue charges against a
Kosovo Albanian man from Zvecan municipality who threatened a Serbian
Orthodox nun from the Sokolica monastery in July 2007. A trial was
pending at year's end.
There were no further developments in a 2006 case in which unknown
attackers shot at a car driven by Serbian Orthodox priest Srjdan
Stankovic in Zvecan municipality. UNMIK charged a Kosovo Serb police
officer in connection with the incident. The case was turned over to an
international prosecutor.
During the year there were numerous cases of vandalism and theft
directed against Serbian Orthodox Church property. Many cases involved
theft of objects made of precious metals, while others involved
vandalism, often of newly reconstructed churches.
Early in the year, the KPS adopted new operating procedures to
provide greater protection for Serbian Orthodox religious and cultural
sites. As part of this effort, the Government approved 50,000 euros
($65,000) to fund the expansion and enhancement of KPS protection,
including private security guards, cameras, and lighting at the most
vulnerable sites.
On February 25, Jeton Mulaj, suspected of firing a rocket-propelled
grenade at Decan/Decani Monastery in March 2007, surrendered
voluntarily to the police. The special prosecutor indicted him on March
19; on September 18 the Peje/Pec District Court convicted Mulaj of
charges including unlawful weapons possession and damaging a protected
monument. The court sentenced Mulaj to three-and-a-half years in
prison.
On March 1, four unknown individuals stole the bell from the
Serbian Orthodox church in Novake, Prizren. KPS subsequently found the
bell in a forest a few hundred yards from the church. Police made no
arrests, and an investigation continued at year's end.
On June 5 in Kacanik, Ferizaj/Urosevac, KFOR reported to the police
that unknown persons had damaged the entrance door of the church in
Kacanik/Kacanik; an investigation continued at year's end.
There were no further developments in the February 2007 incident in
which unknown perpetrators damaged the interior of the Orthodox Church
in Mire/Lepi village and stole approximately 30,000 Serbian dinars
($560) or the March 2007 case in which unknown persons vandalized the
Church of St. John in Peje/Pec.
The Serbian Orthodox church expressed concern about the status of
the green space of the main park of Gjakove/Djakovica, a part of the
park the church considers its property. At year's end, discussions were
underway between the various stakeholders involved to resolve this
issue.
The government-funded Reconstruction Implementation Commission
(RIC) completed extensive renovations on 19 of 34 Serbian Orthodox
religious sites damaged during the March 2004 riots. This work included
additional construction at several previously identified sites as well
as some new sites, including the Church of St. Andrew at Podujeve/
Podujevo and the Church of Saints Peter and Paul in Istog/Istok. During
the year progress on RIC projects was delayed for reasons related to
Kosovo's declaration of independence. Nevertheless, on September 16,
the Serbian Orthodox Church accepted the keys to two reconstructed
church properties in Prizren, the diocesan bishop's residence and the
Orthodox seminary.
During the year Kosovo Muslims reported numerous incidents directed
against their community, including theft, vandalism, and threats. For
example, on April 22, KPS officers on a routine patrol in Gjilan/
Gnjilane discovered that an estimated 30 Muslim gravestones in a local
cemetery had been damaged. On June 17 police arrested two suspects. The
case was forwarded to the prosecutor's office.
On June 26, Kosovo Serbs and Roma clashed with Kosovo Albanians in
the village of Berivojce/Berivojce, Kamenice/Kamenica municipality
where work on building of a mosque was expected to start. The proposed
mosque building site was located in the Serb part of the ethnically-
mixed village, and the Serb community had traditionally used the land
for gatherings. The proposed construction did not adhere to legal
procedures designed to ensure community consent for construction on
land where that community lives.
There were no reports of anti-Semitic acts. Approximately 40
individuals from two families in Prizren had some Jewish roots, but
there were neither synagogues nor Jewish institutions in the country
other than a small cemetery in Pristina.
There were no developments in the August 2007 case in which 14
Jewish gravestones were deliberately damaged.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government and UNMIK generally respected these
rights; however, interethnic tensions and real and perceived security
concerns restricted freedom of movement in practice. During the year
the Government, UNMIK, and KFOR generally maintained the protection of
these rights for minority communities as compared to the previous year.
The Government cooperated with the Office of the UN High Commissioner
for Refugees (UNHCR) and other humanitarian organizations in providing
protection and assistance to internally displaced persons, refugees,
returning refugees, asylum seekers, stateless persons, and other
persons of concern.
Police continued to assess the security situation as stable but
fragile. No crimes related to freedom of movement were reported to
police. Nevertheless, members of all ethnic communities continued to
remain largely within or travel between areas where their group
comprised the majority. Rock-throwing and other forms of intimidation
continued to affect Kosovo Serbs when traveling outside Kosovo Serb
majority areas.
There were attacks during the year on vehicles carrying Serbs and
other ethnic minorities. For example, on January 25, the KPS reported
that Kosovo Albanian youths threw stones at a car driven by a Kosovo
Serb living in Gjilan/Gnjilane. The suspects escaped from the scene. On
February 1, masked, armed men stopped a bus that routinely carries
Kosovo Serbs to Serbia near Podujeve/Podujevo and demanded 20,000 euros
($26,000). The suspects also took the keys of the bus. Police
subsequently arrested a Kosovo Albanian man. A police investigation
continued at year's end. On July 5, the KPS reported that five or six
Kosovo Albanian youths in Suhodoll/Suvi Dol village in Mitrovice/
Mitrovica threw stones at a vehicle operated by a Kosovo Serb. The KPS
reported that police issued a warning to the juveniles' parents.
There were no developments in the October 2007 case in which a bus
carrying a group of ethnic Serbs from Kosovo and Serbia was stoned on
the way to the Decan/Decani Monastery.
There were no developments in the November 2007 case in which
unknown persons threw stones at a bus carrying 30 professors and
students from the Warsaw Theological Seminary to Zocishte/Zociste
Monastery while the bus was parked in the middle of a majority Kosovo
Albanian village.
Sporadic incidents of violence and intimidation targeting
minorities continued to limit freedom of movement for Kosovo Albanians
in northern Kosovo. The Government and UNMIK enhanced efforts to
facilitate minority travel, but real and perceived risks deterred many
minorities from traveling outside their neighborhoods, especially after
the country declared independence.
On February 28, Kosovo Albanian residents of villages in Leposaviq/
Leposavic sent a letter to domestic and international authorities
requesting police escort for their minibus when transporting residents
of these villages to and from Mitrovice/Mitrovica. The residents said
they did not feel safe travelling outside of their villages through
Serb-majority areas without police protection.
During the year UNMIK discontinued a program that had previously
offered no-fee Kosovo license plates to Kosovo Serbs who had already
registered their vehicles in Serbia. In practice, Serbs traveling north
of the Iber/Ibar River into north Mitrovice/Mitrovica generally removed
their Kosovo license plates and drove without license plates in
northern areas of the country. Persons travelling into Serbia removed
their Kosovo license plates at the Serbian border, and border police
issued them temporary Serbian license plates.
During the year there were incidents targeting infrastructure used
by minorities. For example, on March 6 Kosovo Serbs reported to police
in Gjilan/Gnjilane that unknown suspects had demolished and then stolen
parts of a metallic pedestrian bridge in a Serb village. Police
identified four Kosovo Albanian suspects and arrested three of them. An
investigation continued at year's end. On June 26, a pedestrian
discovered unexploded ordnance along the railway in Old Kacanik Village
in Ferizaj/Urosevac. On July 7, a passerby discovered an explosive
device under a railway bridge in Mitrovice/Mitrovica.
There were no developments in the following 2007 cases: the March
discovery by hunters of an unexploded grenade near a transmitter in
Mitrovice/Mitrovica; the April discovery of an explosive device on a
bridge in Gjilan/Gnjilane; and the April discovery of unexploded
ordnance under a bridge in Vrbovc/Vrbovac village in Gjilan/Gnjilane.
There were also no developments in the 2007 incidents in Leposaviq/
Leposavic municipality in which explosive devices were placed along the
road leading to the ethnic Albanian villages of Koshtove/Kostova,
Bistrice/Bistrica, and Ceraje/Ceraja.
On March 3, the Serbian news agency RTS reported that Serbian
Railways took control of the railroad infrastructure in northern Kosovo
after nine years of UNMIK management. Branislav Ristivojevic, the
president of the board of Serbian Railways, stated the move would
provide higher quality transportation than UNMIK Railways had offered,
adding that once the railway met the Serbian Railway standards, service
would resume. The same day, Kosovo Serbs in Leshak/Lesake blocked the
movement of the train to protest the country's independence. On March
4, KFOR stopped the train from running to Leshak/Lesake from Fushe
Kosove/Kosovo Polje. Rail service had not been restored by year's end.
The Government regulated movement in and out of Kosovo. The law
provides that the central civil registry may issue travel documents to
any person registered as a habitual resident of Kosovo, and the
registry routinely issued such documents in practice. On July 23, UNMIK
confirmed that it would no longer issue UNMIK travel documents to
Kosovo citizens. The Government began issuing Kosovo passports on July
30.
The law prohibits forced exile, and authorities did not use it.
Internally Displaced Persons (IDPs).--According to the UNHCR,
205,855 persons from Kosovo remained displaced in Serbia and 16,077 in
Montenegro as a consequence of the 1998-99 conflict. Of the 4,100
persons displaced by riots in 2004, approximately 1,200 remained IDPs.
There were 19,978 persons displaced within Kosovo, 52 percent of whom
were Kosovo Serbs and 38 percent were Kosovo Albanians.
Due to the country's declaration of independence, relatively few
persons returned during the year. Between January and November, UNHCR
registered only 533 returnees, considerably fewer than the 1,815 who
returned in 2007 or the 1,669 who returned in 2006. The greatest number
of returnees came from Serbia (323 returnees), followed by Montenegro
(85) and Macedonia (36), with 15 returnees from all other countries.
Seventy-four persons returned from displacement inside Kosovo. Most
returns were concentrated in Peje/Pec and Pristina regions. While
municipal governments generally supported returns, obstacles remained
for Kosovo Serb returnees.
As of November, overall minority returns since 2000 stood at 18,527
persons. Kosovo Serbs comprised approximately 28 percent of returnees
during the year, compared with 32 percent in 2007. Roma (including
Ashkali and Egyptians) continued to return, comprising 48 percent of
the overall number of returns compared to 49 percent in 2007. In
Mitrovice/Mitrovica, Kosovo Serbs in the north and Kosovo Albanians in
the south continued to illegally occupy each others' properties,
hindering potential returns.
As of August, 37 Roma families (144 persons) remained at the lead-
polluted Cesmin Lug camp for IDPs. Osterode, a medical treatment
facility also in north Mitrovice/Mitrovica, housed 98 families (395
persons) who were relocated from Cesmin Lug and two other polluted
camps in 2006.
UNMIK continued to make slow progress rebuilding the original Roma
settlement in south Mitrovice/Mitrovica destroyed in 1999 by Kosovo
Albanians. Displaced persons began returning to the neighborhood in
2006; by the end of 2007, 368 inhabitants-307 Roma, 59 Ashkali, and two
Serbs-had returned.
Protection of Refugees.--The law provides for the granting of
asylum and refugee status in accordance with the 1951 Convention
relating to the Status of Refugees or its 1967 protocol. The asylum law
entered into effect on June 15; however, regulations to implement this
law had not been adopted by year's end. During the year UNHCR assisted
the newly-formed Department of Borders, Asylum, and Migration in
building its capacity to adjudicate claims, to provide training to
border police to help identify and process individuals in need of
protection at ports of entry, and to prevent refoulement.
In practice the Government and UNMIK provided protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened.
Section 3. Respect for Political Rights: the Right of Citizens to
Change Their Government
The constitution and law provide 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 country declared independence on February 17. Over the course
of the year, local authorities gradually assumed authority and
responsibilities in most areas of governance. The law provides for a
120-member Assembly, which has the authority to select a president, a
prime minister, and other ministers and government officials.
Elections and Political Participation.--International and domestic
observers determined that the November 2007 Kosovo Assembly elections
generally reflected the will of the voters, although few Kosovo Serbs
participated, largely due to Serbian government pressure to boycott. No
significant irregularities were reported. Kosovo had a multiparty
system dominated by five Kosovo Albanian parties with several minority
parties and coalitions.
The law provides that individuals may nominate themselves as
candidates to their parties, which must hold open and transparent
internal elections to select candidate lists. Party affiliation played
an important role in access to government services and social and
employment opportunities. Traditional social arrangements and clan
loyalties also played an important, although unofficial, role in
political organizations.
There were 38 women in the 120-seat Assembly. The law requires that
women occupy every third spot on each political party's candidate list.
There were no women on the eight-member Assembly presidency and only
two female ministers and three female deputy ministers. Women
represented 31.6 percent of the elected municipal representatives.
Following the November 2007 elections, there were 24 ethnic
minority members in the 120-seat Assembly, including 10 Kosovo Serbs
and 14 members of other groups, including ethnic Turks, Bosniaks,
Gorani, Roma, Ashkali, and Egyptians. There were three minority
government ministers-two Kosovo Serbs and one Kosovo Bosniak-and two
Serb and two Bosniak deputy ministers. One Kosovo Bosniak; one Kosovo
Turk; and a representative of the Roma, Ashkali, and Egyptian
communities held a rotating seat on the Assembly presidency. Kosovo
Serbs from several political parties won the 10 set-aside Assembly
seats in the 2007 election. Before that election, the holders of those
seats did not claim their set-aside cabinet posts and continued to
boycott Assembly votes, although they did participate in committees. A
Kosovo Serb led the Ministry of Returns. The constitution requires that
the Assembly reserve 10 seats for Kosovo Serbs and 10 for members of
other ethnic groups, but ethnic minorities were underrepresented at the
municipal level where there were no similar quotas.
The overall electoral system did not change significantly compared
to the one in place during UNMIK's tenure. On June 5, the Assembly
passed an election law, which the president signed on June 15. The new
law provides that the country is a single, multi-member electoral
district; elections will be held with open lists according to a
proportional-majority system; a quota system ensures adequate
representation for women and minorities in the Assembly; and parties
must overcome a five percent threshold to enter the Assembly.
On May 11, Kosovo Serbs held elections in enclaves and in Kosovo
Serb-majority municipalities to establish parallel municipal
governments, and began to establish these parallel authorities in June.
On April 9, UNMIK stated that organizing elections for these parallel
structures was a violation of UNSC Resolution 1244. On May 14, UNMIK
declared that the parallel municipal structures arising from these
elections were illegitimate, and that UNMIK would not cooperate with
them. The Government also declared that parallel institutions to be
illegal and invalid.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials sometimes engaged in
corrupt practices with impunity.
There was widespread public perception of corruption in both the
Government and UNMIK. International organizations and NGOs continued to
report that corruption was a serious problem. A lack of effective
judicial oversight and general weakness in the rule of law contributed
to corruption in the Government. Despite its diminishing mandate, UNMIK
continued to adjudicate many sensitive cases related to corruption and
interethnic crimes.
In its November report, the Commission of the European Communities
noted that corruption was widespread and remained a major problem in
the country. The report contended that the existing institutional
legislative framework addressing corruption was unclear and recommended
the adoption of more anticorruption legislation as well as improved
enforcement. The Commission also noted that the weak judicial system
inhibited progress in combating corruption.
The Office of the Auditor General, an independent body, reviewed
fiscal management and accountability in the central government,
municipal authorities, and publicly owned enterprises. During the year
the office audited every ministry, the president's office, and the
Assembly. Most reports were critical of government administrative,
fiscal management, and procurement practices.
The Government took steps to combat corruption. Beginning March 26,
the law required government officials to disclose all gifts they
receive. On March 11, the Kosovo Anticorruption Agency (KAA) announced
that it had received 61 reports of corruption in 2007, and that
corruption in 2007 was estimated to have cost the Government 31 million
euros (approximately $40 million). On July 17, the KAA estimated that
corruption had cost the Government 6 million euros ($7.8 million)
during the first half of the year.
On January 8, KosovaLive reported that internal auditors of
ministries, municipalities, and agencies of Kosovo requested that
Kosovo institutions implement the 2006 law on internal auditing. The
Head of the Auditing Office in the Ministry of Trade and Industry
(MTI), Adem Zogiani, said that the Auditing Office was prevented from
implementing the law since June 2007.
On June 3, the Peje/Pec prosecutor's office announced charges
against six former international UNMIK officials and one local citizen
on suspicion of misusing 230,000 euros ($300,000) dedicated for
humanitarian projects.
On June 26, police arrested Judge Elez Hoxha of the Pristina
District Court on suspicion of bribery, following a 4-month
investigation. At year's end Hoxha remained under house arrest,
awaiting further court proceedings.
On August 7, the Ministry for Communities and Returns indefinitely
suspended Emilija Rexhepi from her post as director of the Department
of Administration due to conflicts of interest. Using another name,
Rexhepi allegedly ensured a tender from the ministry worth
approximately 90,000 euros ($117,000) was awarded to the NGO Equality
which she previously directed. Police has not opened an investigation
by year's end.
The Peje/Pec prosecutor's investigation into the conduct of 11
international and eight local employees of Radoniqi Hydro-System in its
dealings with the Kosovo Electric Company continued during the year. On
August 15, the Peje/Pec District Court authorized a six-month extension
in the investigation.
On January 22, the Pristina District Court convicted Sanije Gashi
of misappropriating 43,387 euros ($59,233) in her capacity as the
budget and finance manager of the Pristina Tax Administration. On May
23, the Supreme Court heard Gashi's appeal and on June 23, reduced her
term of imprisonment from four years to two and a half. The court also
prohibited Gashi from serving in the Government for three years after
her release, and ordered her to pay costs of the criminal proceedings
and reimburse the 43,387 euros ($59,233) to the Kosovo Tax
Administration.
There were no further developments in the investigation of the 2006
assault on the independent international auditor general, which took
place after his office released a critical report on Pristina
municipality.
The 2006 audit ordered by Assembly leader Kole Berisha to
investigate the tenure of his predecessor, Nexhat Daci, uncovered
serious mismanagement, misuse of public funds, and procurement
irregularities. In December 2007 the Pristina District Court indicted
Daci on three counts of embezzlement. On March 21, an international
judge confirmed the indictment, and Daci awaited trial at year's end.
There were also developments in the case of Ahmet Alishani, Daci's
senior advisor, arrested in 2006 on suspicion of fraud and bribery. On
March 21, Alishani was indicted on charges of fraud and bribery, and
entered a plea of not guilty. He was released pending trial, which had
not begun by year's end.
On April 14, the trial of Leme Xhema, former Director of the Post
and Telecommunications of Kosovo (PTK); Roger Reynolds, former
divisional manager at Kosovo Trust Agency; Mustafa Neziri, former
director of Norway Invest; Ronnen Sorensen, former managing director
and chairman of Norway Invest, and Ove Johansen commenced in Pristina
before international judges. The defendants were charged in connection
with the alleged misuse of 300,000 euros ($390,000). Johansen, who was
arrested on April 5 in Montenegro, allegedly arranged the fraudulent
transfer of these funds from PTK to a phantom company headquartered in
Norway.
There were developments in the case of Sabajdin Llonqari and Fitim
Maksutaj, two former finance officers at Dubrave/Dubrava Prison, who
were arrested in 2006 for abusing their official position and
falsifying documents. On August 19, the Supreme Court confirmed the
judgment by the Peje/Pec District Court prohibiting the defendants from
entering or approaching the Dubrave/Dubrava Detention Center, or in any
way contacting various witnesses and prison finance office employees
until August 29.
The law provides for access to official government documents but
does not include penalties for failure to comply; in practice
ministries rarely granted access during the year. There is no law that
provides public access to official UNMIK documents and in practice,
members of the public were unable to access these documents.
During the year the media complained regularly about lack of access
to official documents. Journalists also criticized the 15-day window
for compliance, which effectively meant that journalists could never
obtain official documents in time to meet their own publishing
deadlines. On May 14, the NGO IREX reported that during the year only
14.7 percent of journalists' requests for information were honored,
even fewer than the 24.5 percent honored the previous year. IREX
reported that the majority of institutions either did not understand
their legal obligations or simply ignored them.
In August 2007 the Association of Professional Journalists of
Kosovo reported that a survey measuring the responsiveness of
government and public institutions to media requests for official
documents indicated that only 23 percent of requests were successfully
completed. The survey also indicated that none of the institutions
approached by journalists provided the petitioner with a register of
available documents.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. The Government, UNMIK,
and KFOR were occasionally cooperative and responsive to their views.
On March 29, unknown assailants in Mitrovice/Mitrovica threw a
Molotov cocktail outside the headquarters of humanitarian organization
Norewgian Church Aid, causing minor damage. A police investigation
continued at year's end.
An ombudsman was responsible for investigating allegations of
government abuses of international human rights laws. Former deputy
ombudsman Hilmi Jashari continued to serve as acting ombudsman during
the year. While the ombudsman actively issued intervention letters,
reports, and recommendations, his recommendations were not always
followed by the Government, local courts, or the KPS. The ombudsman
investigated cases concerning property rights, abuse of official
authority, administrative acts or omissions by public authorities, lack
of proper investigations into criminal acts, issues involving the
length of court proceedings and the execution of court decisions,
employment-related disputes, and impunity. In September, OSCE noted
that although every ministry had established a human rights unit,
approximately half of the units lacked qualified staff and sufficient
budgets.
In 2006 the ombudsman's mandate was changed to exclude UNMIK from
its purview; a new Human Rights Advisory Panel within UNMIK was
established in April 2007 and charged with UNMIK oversight. At year's
end the Assembly had not yet appointed a new ombudsman, and an acting
ombudsman remained in place.
On July 21, the ombudsman reported that the courts and ministries
were the most frequent violators of human rights in the country. The
ombudsman also noted that recent reforms in the judiciary were
insufficient, and the system still suffered from grave defects.
The Government, UNMIK, and KFOR generally cooperated with ICTY. On
April 4, ICTY acquitted former Prime Minister Ramush Haradinaj and
codefendant Idriz Balaj of all charges stemming from the alleged
murder, persecution, rape, and torture of Kosovo Serb civilians in
1998. The court convicted codefendant Lahi Brahimaj of torture and
mistreatment of prisoners and sentenced him to six years in prison.
On April 28, ICTY commenced trial of Astrit Haraqija, the former
minister of culture, youth, and sports; and Bajrush Morina, his
political advisor. The two were charged with threatening a witness who
planned to testify against Haradinaj. On December 17, the ICTY
sentenced Haraqija to five months imprisonment and Morina to three
months.
On July 24, ICTY convicted journalist Baton Haxhiu of contempt for
publishing the names of protected witnesses during the Haradinaj trial.
The court fined Haxhiu 7,000 euros ($9,100).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law specifically prohibits discrimination on the basis of race,
gender, ethnic origin, disability, or language; however, violence and
discrimination against women, persons with disabilities, and ethnic
minorities persisted.
Women.--The law criminalizes rape; however, spousal rape is not
specifically addressed. Under the criminal code, rape is punishable by
one to 10 years in prison; statutory rape (sexual intercourse with a
child under 14) is punishable by five to 15 years in prison.
Rape was significantly underreported due to the cultural stigma
attached to victims and their families. According to the Ministry of
Justice, victim advocates provided services to victims in approximately
34 cases of rape from January to September. UNMIK police reported that,
during the same time period, 35 people were arrested for rape and five
were convicted.
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. When
victims did press charges, KPS domestic violence units conducted
investigations and transferred cases to prosecutors. According to
UNMIK, family loyalties, close-knit communities, and the backlog of
cases in both civil and criminal courts added to the low rate of
prosecution.
As with rape, domestic violence remained a significant problem that
was underreported. In July 2007 the OSCE issued a report on domestic
violence that highlighted problems in the adjudication of domestic
violence cases, including unlawful delays in reviewing applications for
protection orders. The OSCE also expressed concern over appellate
procedures in domestic violence cases; in some cases, courts unlawfully
noted in their decisions that an appeal by the defendant would stay the
execution of a protection order.
The KPS reported that 21 domestic violence victims were housed in
shelters between January 1 and June 30. The Center for Protection of
Women and Children provided assistance to 63 victims of domestic and
sexual violence between January and September 24. The Ministry of
Justice Victim Advocate and Assistance Unit was involved in 646
domestic violence cases between January and June. Convictions in such
cases 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.
There were no governmental agencies dedicated solely to dealing
with family violence. The Ministry of Labor and Social Welfare provided
some financial support to NGOs running shelters for domestic violence
victims, which also accommodated some trafficking victims. The ministry
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.
During the year a 24-hour anonymous hotline for reporting domestic
abuse operated in Pristina, Gjilan/Gnjilane, Peje/Pec, Prizren, and
Mitrovice/Mitrovica. The hotline provided assistance to 582 victims
during the year; it received 446 calls related to domestic violence, 27
to trafficking cases, 25 to child mistreatment, and 35 to sexual
mistreatment. The hotline informed callers of their rights, available
shelters, and related information.
The KPS training school offered special courses on domestic
violence and rape. There were no reports that the KPS responded
inappropriately to rape or domestic abuse allegations.
Although the law prohibits prostitution, it remained prevalent.
During the year the UNMIK police prostitution investigation unit turned
over its responsibilities to the KPS. UNMIK continued to monitor and
mentor the KPS.
There is no specific law against sexual harassment, which was a
common problem. Women's rights organizations indicated that sexual
harassment commonly occurred on the job, but went unreported due to
fear of expulsion or physical retaliation. Public awareness of sexual
harassment remained low, and few cases were reported.
Women possess the same legal rights as men but traditionally have a
lower social status, which affected their treatment within the legal
system. Despite a lack of legal impediments, relatively few women
obtained upper-level management positions in business, the KPS, or
government. While the number of employed women continued to increase,
female unemployment remained at around 80 percent, 25 to 30 percent
higher than the rate for men. Women represented less than 30 percent of
the Government workforce.
Traditional social attitudes toward women resulted in
discrimination. In some rural areas, women often had little ability to
make decisions involving their children or to exercise control over
property. While the law makes no gender distinction in the right to
inherit property, family property customarily passes only to men.
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.--While education is free and compulsory up to age 15,
statistics from 2005, the most recent year for which data was
available, indicated that only 77 percent of children between the ages
of seven and 14 from non-Serb minority communities (Roma, Ashkali,
Egyptian, Turkish, Bosniak, Gorani, and others) attended school. Girls
from non-Serb minorities attended school at a rate of 69 percent. In
contrast, 97.5 percent of Kosovo Albanian and 99 percent of Kosovo Serb
children were enrolled in primary school. During the year the
Government for the first time purchased books for pupils through the
fifth grade. Less than 10 percent of children aged two to five attended
preschool.
The UN Children's Fund (UNICEF) reported that the lack of
facilities for minority education in parts of Kosovo made it difficult
for some IDPs to return to their homes.
UNICEF estimated that less than 75 percent of children who
completed compulsory basic education enrolled in secondary school and
the continuation rate for Kosovo Albanian girls was less than 55
percent. Among girls from non-Serb minority communities, only about 40
percent enrolled in secondary schools.
The law requires equal conditions for school children regardless of
mother tongue and provides the right to native-language public
education for minority students through secondary school. Schools
teaching in Serbian, Bosnian, and Turkish operated during the year.
Both Kosovo Serb and Kosovo Albanian children attended schools with
inadequate facilities that lacked basic equipment. A few schools housed
both Kosovo Serb and Kosovo Albanian pupils, who studied different
curricula and rotated class schedules.
Roma, Ashkali, and Egyptian children attended mixed schools with
Kosovo Albanian children but reportedly faced intimidation and bullying
in some majority Albanian areas. Romani children tended to be
disadvantaged by poverty, leading many to start work both at home and
in the streets at an early age to contribute to family income. Romani
children were also disadvantaged by having to learn another language to
attend school since many spoke Romani at home. Some Kosovo Bosniak
children in predominantly Bosniak areas occasionally were able to
obtain primary education in their language, but those outside such
areas received instruction in Albanian.
A 2006 study by UNICEF and the Ministry of Education on the
prevalence of violence in schools found that violence against children
was condoned. Corporal punishment was an accepted practice in homes and
schools. Those who lived far from school reported they were afraid to
travel the distance due to the threat of peer violence. Children
reported that persons close to them were perpetrators of violence; that
boys were at higher risk for physical violence and that girls were at
higher risk of verbal abuse.
Trafficking in children was a problem. On August 7, the OSCE
Mission in Kosovo and the international NGO Terre des Hommes launched a
public information campaign against child trafficking and begging.
In response to this report, the Government created a ``safe and
nonviolent schools'' project, which included the creation of a
nationwide violence prevention network. Activities included the
drafting of a national action plan to ensure a safe, non-violent and
friendly environment in society and schools, and various awareness-
raising activities and workshops. On February 11, the Ministries of
Education, Interior, Justice, and Labor and Social Welfare established
a commission aimed at preventing violence in the schools.
Orphans were housed in various residential placements including
extended family care, foster care, and community-based homes. However,
because domestic adoptions and foster family programs did not keep pace
with the rate of abandonment, authorities sometimes housed infants and
children in group homes with few caregivers. Children with disabilities
were often hidden away without proper care, particularly in rural
areas. On March 5, the Education Ministry began a three-month campaign
to increase public awareness of school-aged children with disabilities
and determine ways to improve their living conditions.
During the year, the Ministry of Labor and Social Welfare operated
32 social welfare centers that assisted 1,486 orphans and 1,585
delinquent children. The ministry also managed foster homes and
coordinated with NGOs to place children in temporary shelters.
According to the ministry, during the year, a total of 79 children were
living in foster homes and the government-funded community homes under
24-hour care. Seven other children lived in the Pristina Clinical and
University Hospital.
There were 19 abandoned children with disabilities, ranging in age
from three to 18 years, living in two government-funded community homes
under 24-hour care.
There was anecdotal evidence of child marriage, particularly in the
Roma, Ashkali, Egyptian, and Kosovo Albanian communities. The
Government and NGOs did not compile statistics, so the extent of the
problem was unclear.
Trafficking in Persons.--The constitution and law prohibit all
forms of trafficking in persons; however, there were reports that
persons were trafficked to, from, through, and within the country.
Trafficking of women and children remained a serious problem, although
a lack of statistics made it difficult to estimate the magnitude of
trafficking in children.
The country was a source, transit, and destination point for
trafficked persons, and internal trafficking was a growing problem.
Victims were women and children trafficked internally or from Eastern
Europe and other Balkan countries into Kosovo, primarily for commercial
sexual exploitation but also for domestic servitude or forced labor in
bars and restaurants. Victims were also trafficked through the country
to Albania, Macedonia, Montenegro, and countries in Western Europe.
According to the KPS and the IOM, trafficking in persons was an
increasing problem. Although IOM and KPS numbers differed slightly,
both organizations' statistics indicated that roughly 60 percent of
trafficking victims were internally trafficked, with the remaining
victims originating in Moldova (approximately 20 percent), Albania (10
percent), and Bulgaria and Serbia (5 percent each). Estimates of the
total number of trafficking cases during the year ranged from 20 to 27.
Since 1999, of the foreign victims IOM assisted, over 50 percent
were from Moldova, 19 percent were from Romania, 13 percent were from
Ukraine, and the rest from Bulgaria, Albania, Russia, Serbia,
Montenegro, Slovakia, and Nigeria. The majority of these victims were
women between the ages of 18 and 25. IOM figures indicated that over 82
percent of Kosovo victims were internally trafficked, while 7 percent
were trafficked to Macedonia, 3 percent each to Albania and Italy, and
less than 1 percent to the United Kingdom, Switzerland, Germany,
Belgium, and Montenegro.
The overall number of trafficking cases involving minors decreased
from 2007. During the year, the IOM assisted one foreign minor victim,
and five internally trafficked minor victims. The KPS reported four
trafficking victims were minors, all from Kosovo. Children and young
girls from backgrounds with a high level of poverty, unemployment,
family abuse, and illiteracy were particularly at risk of being
trafficked. The IOM reported that 11 percent of local victims were not
enrolled in school; 34 percent had only finished primary school (fifth
grade); 44 percent had finished elementary school (ninth grade); 11
percent had completed secondary education (high school); and fewer than
1 percent had attended university.
The KPS reported great difficulty in identifying trafficking
victims due to their reluctance to come forward and report the crimes
to the police. Cultural taboos and the threat of social discrimination
caused most internally trafficked victims to remain silent about their
experiences. Another continuing difficulty was the inability of the KPS
to recruit Kosovo Serb officers for the antitrafficking unit, which
prevented undercover operations from taking place in northern Kosovo
and in Kosovo Serb enclaves.
Trafficking victims were exploited primarily in the sex industry,
mostly in brothels and nightclubs but increasingly in private
residences and through call girl services. None reported that they were
aware they would be working in the sex industry when they left their
homes. Trafficking victims reported that they were regularly subjected
to beatings and rape, denied access to health care, and had their
travel and identity documents confiscated. Victims were often found in
poor physical and psychological condition.
UNMIK reported that traffickers often worked with Kosovo Serb and
Kosovo Albanian organized crime elements, and some women were
trafficked from or through Serbia into the country. The KPS reported
that most women were trafficked into the country through the Pristina
airport. Bar and brothel owners purchased victims from organized crime
rings.
Methods of trafficking continued to increase in sophistication. In
reaction to an aggressive eradication campaign by local and
international authorities, traffickers shifted the commercial sex trade
out of public bars and clubs and into private homes, where operations
were more difficult to detect. Traffickers increasingly used financial
incentives to encourage victims to refuse assistance.
The IOM reported that, of the 589 mainly international victims it
assisted since 1999, close to 75 percent fell prey to traffickers after
accepting a bogus job offer abroad, 3.7 percent claimed to have been
kidnapped, and 3.9 percent were promised marriage. In 83.5 percent of
cases, recruiting was through personal contacts; the recruiter was an
acquaintance of the victim in 28.8 percent of the cases and a friend or
family friend in approximately 18 percent. The KPS reported that
recruiters were equally likely to be men or women. The IOM and the KPS
reported that trafficked persons often had work contracts that enabled
them to enter the country legally and obtain residence permits. This
made it difficult to detect and prove trafficking.
Under the criminal law trafficking is punishable by a maximum of 20
years' imprisonment. Engaging in trafficking is punishable by two to 12
years' imprisonment, or up to 18 years if the victim is a minor;
organizing a group to engage in trafficking is punishable by seven to
20 years' imprisonment and a fine up to 500,000 euros ($650,000);
facilitating trafficking through negligence is punishable by six months
to five years imprisonment. A person convicted of engaging in sex with
a person known to be a trafficking victim may be imprisoned from three
months to five years, while sex with a minor known to be a trafficking
victim carries a penalty of two to 10 years' imprisonment. Facilitating
prostitution is punishable by a fine or imprisonment up to three years,
and up to five years if it occurs within a 350-meter radius of a school
or other location used by children. When the offense of prostitution
involves victims who are minors, the term of imprisonment can be up to
12 years. Prostitution is punished as a minor offense; prostitutes can
be punished, but not clients, unless the police can prove that a client
knowingly used the services of a trafficking victim. Prostitution
constitutes grounds for deportation unless the ``prostitute'' is a
victim of trafficking.
During the year the KPS maintained primary responsibility for
combating human trafficking and conducted 82 surveillance operations.
The KPS also closed one business establishment used for trafficking.
KPS arrested 48 men and 19 women for trafficking, ten persons for
pimping, 13 for prostitution, and eight on trafficking-related charges
such as illegal weapons possession and counterfeiting. It also
identified 27 trafficking victims, 22 of whom received needed
assistance, including safe accommodation, counseling, and professional
training for return and social reintegration. The remaining five
declined treatment, stating they were not trafficked. At least one
shelter provided medical care pursuant to its agreements with health
care providers. During the year, the prosecutor's office filed 27
criminal trafficking charges; 50 additional cases from previous years
remained open. Fourteen of the cases were completed, resulting in 13
convictions. In one case, the defendant was acquitted.
Factors that contributed to a low number of prosecutions included
the increasing sophistication of organized crime to avoid direct links
between the victims and senior crime figures, the lack of a witness
protection program (although means were employed to provide anonymity
during trial testimony), reluctance of victims to cooperate with
authorities, inadequate training for judicial personnel, and failure of
police to adapt to new techniques employed by traffickers.
UNMIK regulations provide a defense for trafficking victims against
criminal charges of prostitution, illegal entry, presence, or work in
the country.
The KPS shared responsibility for combating trafficking with UNMIK,
border police, the OSCE, the Ministry of Internal Affairs, prosecutors,
judges, and the ministries of Health, Education, Public Services, and
Labor and Social Welfare. NGOs and international organizations,
particularly the IOM, handled protection and prevention-related
antitrafficking activities.
There was anecdotal evidence during the year that a complex set of
financial relationships and kinship ties existed between political
leaders and organized crime networks that had financial interests in
trafficking.
There were a number of arrests and police actions against
traffickers during the year. For example, on January 31, the KPS,
acting in cooperation with the special prosecutor's office, conducted
early morning searches on six locations in Gjakove/Djakovica, detaining
15 persons. Police arrested five persons and sent four women to
shelters. At the initial court hearing the judge ordered two local
traffickers and one Moldovan woman, who appeared to be involved with
the management of the other women, to be held on 30 days detention. A
trial date has not yet been set. At year's end the two men remained in
jail while the woman was released after six months in prison.
On April 14 in Ferizaj/Urosevac, police arrested a Kosovo Ashkali
man for trafficking a 14-year-old girl and pimping her. The victim was
taken to a shelter and then returned home. Police detained the
trafficker until Jul 14, and then released him under house arrest.
Police arrested a second man in conjunction with the case on May 7; a
trial date was pending at year's end.
On May 27, the Peje/Pec District Court convicted Aleksander Pitaqi,
Pal Pitaqi, Veronica Dragan,and Elena Pislaru, all members of the
Pitaqi crime ring, on charges of human trafficking, money laundering,
and facilitating prostitution. The court found that the traffickers,
composed of both men and women, led an organized criminal group that
recruited and held women from Moldova for sexual exploitation. The
traffickers received fines of up to 85,874 euros ($118,713) and five-
to six-year prison sentences.
There was no additional information available in the January 2007
arrest of two Kosovo Albanian men who ran the Suka and Suka 1 cafes in
Prizren.
During the year police arrested the sixth and final man wanted in
connection with a trafficking ring operating out of a private residence
in Gjilan/Gnjilane. The KPS arrested five other suspects in the March
2007
International and local NGOs funded by foreign donors were the main
source of assistance to trafficking victims. Local NGOs, such as the
Center for Protection of Victims and Prevention of Trafficking in
Humans and the Center for Protection of Women and Children, operated
shelters that provided medical care and psychological counseling
services to trafficking victims in cooperation with UNMIK, the OSCE,
and the IOM. The NGO Hope and Homes for Children operated a shelter for
child victims of trafficking, and the Ministry of Labor and Social
Welfare, in cooperation with UNMIK and the OSCE, ran a semi-independent
group housing unit for minors who were victims of trafficking and
domestic violence. Some domestic violence shelters, such as Liria in
Gjilan/Gnjilane, offered short-term shelter and referral services to
low security risk victims. A Ministry of Justice interim facility also
provided temporary shelter to victims while they considered whether to
be repatriated or to testify against traffickers. Police often referred
suspected trafficking victims to the IOM through OSCE regional
officers.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with disabilities in employment,
education, access to health care, and in the provision of other state
services; however, the situation of persons with disabilities remained
difficult. There was considerable discrimination in practice, and
ensuring the rights of persons with disabilities was not a government
priority.
Although the law mandates access to official buildings, it was not
enforced and such access was rarely available in practice.
According to local disability rights NGO HandiKos, existing laws
relating to persons with disabilities were not adequately implemented.
As a result, children with disabilities were often excluded from
educational opportunities, were not professionally evaluated, and
lacked sufficient health and social services.
According to the Education Ministry, there were 14-15,000 children
with disabilities nationwide. There were six special residential
schools for children with disabilities and 70 special needs classrooms
attached to regular schools. The ministry reported that 877 pupils were
receiving special education.
There were no special legal protections for children with
disabilities. In May the Assembly passed a ``Law on Material Support
for Families of Children with Permanent Disability,'' which entered
into force in June. The law provides a definition of children with
disabilities and permits the legal guardians of such children to apply
to the Ministry of Labor and Social Welfare for material support.
However, the law had not been implemented by year's end.
According to the NGO Mental Disability Rights International (MDRI),
patients with mental disabilities continued to be detained in isolated
conditions with no legal basis, since there was no law to regulate the
process of committing persons to psychiatric or social care facilities
or to protect their rights within institutions. On occasion individuals
in need of mental health treatment were convicted of fabricated or
petty crimes and sent to prisons that lacked resources for adequate
treatment. According to the World Health Organization (WHO), there were
an estimated 14,000 persons with mental disabilities; MDRI reported an
estimated 50,000 persons with mental disabilities living outside
institutions. According to MDRI, such persons lived isolated and
stigmatized lives.
The National Council on Disabled People existed as an advisory
organization to government authorities and the Assembly. Although the
council's chief stated priority was the drafting of a national platform
on persons with disabilities, it had not done so by year's end.
In 2006, MDRI reported that the government-operated Shtime/Stimlje
Institute, which MDRI had previously reported for patient abuse and
mistreatment, had been separated into a facility for the
developmentally disabled with 74 residents and a psychiatric facility
with 68 residents. The majority of residents at Shtime/Stimlje were
Kosovo Serbs and members of other minorities. The total number of
residents in these facilities decreased, addressing MDRI's concerns
about overcrowding. Both continued to admit new patients during the
year. MDRI urged the Government to improve community support and
increase public awareness of the rights of people with mental
disabilities.
During the year the Ministry of Health operated eight integration
and community homes throughout the country, each hosting 10 mentally
ill patients. The ministry also ran an integration center with 60
patients in Shtimje/Stimje. Nevertheless, MDRI reported that, while
these homes were intended to be transitional, most residents spent
years there with little prospect of returning to the community.
According to a 2006 WHO report, 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.--Official and societal
discrimination persisted against Kosovo Serb, Roma, Ashkali, and
Egyptian communities in employment, social services, language use,
freedom of movement, the right to return, and other basic rights.
Members of the Kosovo Bosniak and Gorani communities also complained of
discrimination. During the year violence and other crimes directed at
minorities and their property increased from 2007. Minority employment
in public institutions continued to be low and was generally confined
to lower levels of the Government; members of minorities occupied 10.4
percent of government jobs despite a government target of more than 16
percent.
In July 2007 the human rights ombudsman issued a report that
concluded ethnic discrimination was a prevalent and constant problem,
particularly in the areas of health care and employment. The report
also noted that minority groups continued to face regular threats.
Between January 1 and August 31, UNMIK police reported 798 cases of
interethnic crime; 617 involved Serbs as victims or suspects. According
to UNMIK, underreporting of interethnic incidents persisted as a
consequence of the KPS policy of assigning low priority to them and
persistent mistrust between minorities with the Kosovo Albanian
majority.
There were multiple reports of violence against Kosovo Serbs during
the year which were usually investigated by UNMIK police. For example,
on April 23, in Gjilan/Gnjilane, a Kosovo Albanian man assaulted a
Kosovo Serb man, who sustained slight bodily injuries.
On June 2, OSCE reported that a Kosovo Serb man attempted to visit
his property in Decan/Decani with members of a UNDP team planning to
help reconstruct his home. However, when the man arrived at his
property, a Kosovo Albanian neighbor, who was unlawfully using the
property in the owner's absence, prevented the group from entering.
Although the local mayor attempted to mediate the dispute, the parties
reached no resolution by year's end.
On July 1, in Gjilan/Gnjilane, three unidentified Kosovo Albanian
women physically assaulted and injured a Kosovo Serb woman. Police made
no arrests, and an investigation continued at year's end.
On July 17 in Istog/Istok, an unidentified Kosovo Albanian man
punched and kicked Zarko Orovic, a prospective Kosovo Serb returnee
visiting from Montenegro, and robbed him of 350 euros ($450). Orovic
was hospitalized and released; a police investigation continued at
year's end.
On December 30, two Kosovo Albanian youths from southern Mitrovice/
Mitrovica stabbed a 16-year-old Kosovo Serb in northern Mitrovice/
Mitrovica during a confrontation with Serbian youths. The two Kosovo
Albanians fled to the southern part of the city where they were
arrested by police. In the hours after this incident, interethnic
violence erupted in three multiethnic communities in northern
Mitrovica. This violence included automatic weapons fire, physical
attacks, vandalism of cars, and arson. During the violence, a Kosovo
Albanian man was shot. In response to the situation, KFOR, EULEX
police, and KPS sealed the bridge over the Ibar River that separates
the northern and southern parts of the divided city. After
approximately two hours, conditions returned to normal. Police and
prosecutors were investigating the incidents at year's end.
There was no further information available during the year on
investigations into the February 2007 stabbing of a Kosovo Serb woman
behind a cafe in Mitrovice/Mitrovica or the June 2007 indictment of
Sabri Haziri, who was accused of assisting in planting a bomb on a
railway bridge in April 2003 near the village of Llozishte/Loziste in
Zvecan.
There was no new information available in the following 2006 cases:
the March stabbing of a Kosovo Serb youth by two Kosovo Albanian youths
near the main bridge in northern Mitrovice/Mitrovica; and the December
explosion on a railway line frequently used by members of the Serb
minority in Vushtrri/Vucitrn municipality.
During the year KPS reported that it had arrested and imprisoned
the persons who had fired gunshots at the homes of Kosovo Serb
returnees in Llug/Lug village in Istog/Istok in 2006. The defendants
received two to three month prison sentences.
During the year there were regular reports of Kosovo Albanians
destroying private property belonging to Kosovo Serbs; some violence
against Kosovo Serbs may have been attempts to force them to sell their
property. An UNMIK regulation prevents the wholesale buy-out of many
Kosovo Serb communities in an effort to prevent the intimidation of
minority property owners in certain areas; however, it was rarely
enforced. There were numerous reports that Kosovo Serbs had difficulty
accessing their property, which was sometimes occupied or used by
Kosovo Albanians. For example, on June 16 in Vushtrri/Vucitrn, a Kosovo
Serb reported to the KPS that a Kosovo Albanian man had been illegally
occupying his farmland for the previous eight years and that he could
not access it. Police brought the suspect to the station and
subsequently released him after an interview.
On April 2 in Kline/Klina, a Kosovo Serb reported that his property
had been taken over by a Kosovo Albanian man. No further information on
this case was available.
In some cases Kosovo Serb property was reportedly sold by persons
falsely claiming to be their attorneys and presenting forged documents
in court; in situations where the rightful owners did not live in
Kosovo, such fraud went undiscovered for months.
In 2006 the Kosovo Serb-majority municipalities of Zvecan,
Mitrovice/Mitrovica, Zubin Potok, and Leposaviq/Leposavic suspended
their relations with the Government. Following local elections on May
11, the Kosovo Serb parallel authorities continued this policy, and had
no interaction with the Government during the year.
There were a number of clashes between groups of Kosovo Albanians
and Kosovo Serbs during the year. For example, on June 26, Kosovo Serbs
held a protest in the ethnically mixed village of Berivojce over the
building of a mosque. KPS reported that, during the protest, groups of
Kosovo Albanians and Serbs began to fight with one another. Police and
KFOR intervened when participants began throwing rocks, and two
officers received minor head injuries. Some protesters were also
injured.
On July 4, Kosovo Serbs and Kosovo Albanians clashed in the
Mitrovice/Mitrovica Three Towers and Suhodoll/Suvi Dol neighborhoods
following Kosovo Serb protests against the installation of water pipes
in a Kosovo Albanian area of Suhodoll/Suvi Dol. Several participants
and a Kosovo Serb police officer were injured. Four Kosovo Albanian men
were arrested in connection with the incident.
On July 7 in the Three Towers neighborhood, a group of roughly 20
Kosovo Albanians and Kosovo Serbs began throwing stones at each other.
One Kosovo Serb was seriously injured. Later in the day, about 15
Kosovo Serbs gathered and blocked the road between Mitrovice/Mitrovica
and Suhodoll/Suvi Dol. Police intervened and dispersed the group.
During the year the OSCE reported that the criminal justice system
still faced difficulties in handling cases from March 2004 riots. The
report noted continued difficulties in securing witness statements,
widespread failure to sentence alleged perpetrators to appropriate
criminal punishments, and long delays in proceedings. In many cases the
courts did not properly account for ethnic motives as an aggravating
factor. The report concluded that there had been no significant
progress in handling these cases since the OSCE's previous report on
the subject in December 2005.
There were developments in the cases of several persons involved in
the 2004 riots. In January, the Pristina District Court convicted
Skender Islami, Mustafa Islami, Ramadan Islami, Omer Sylejmani, and
Gazmend Morina of setting fire to a hospital, school, and a number of
Kosovo Serb homes and vehicles. The court sentenced the defendants to
between two and seven years in prison and ordered them to pay a total
of 73,000 euros ($95,000) in damages.
The trial of Zlyhaje Avdullahu, charged with participating in a
Kosovo Albanian mob that looted and burned Kosovo Serb homes and
attacked Kosovo Serbs during the 2004 riots, remained pending at year's
end.
Unlike in previous years, there were no reports of ethnically
motivated violence against members of non-Kosovo Serb minority
communities during the year.
There were no developments in the January 2007 Peje/Pec incident,
in which two Kosovo Albanian men assaulted and seriously injured a
Kosovo Egyptian man, or the May 2007 assault by a Kosovo Albanian on a
Kosovo Bosniak. In the second case, the victim was hospitalized with
serious injuries, and police apprehended a suspect.
There were no developments in the 2006 cases involving the assault
of Kosovo Montenegrin IDP Vuko Danilovic by a group of Kosovo Albanians
and the bomb attack against the home of a Gorani representative of
Belgrade's Coordination Center for Kosovo and Metohija.
Roma 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. Although there
were some successful efforts to resettle Roma, Ashkali, and Egyptians
in the homes they occupied prior to the 1999 conflict in Vushtrri/
Vucitrn, security concerns remained.
On June 12, the OSCE reported that three Romani returnee families
would not be charged for water and water services supplied to their
homes in Kosovo while the families were displaced in Macedonia from
1999 to 2007. Following their return in 2007 the Gjilan/Gnjilane public
utility company demanded payment for services delivered to the
families' properties, which were occupied during their displacement.
The UNHCR intervened and assisted the families in providing the
necessary documents proving their displacement. As a result, the
utility company eventually agreed to drop its claims against the
returning families.
Kosovo Bosniak leaders complained that thousands of their community
members had left the country as a result of discrimination and lack of
economic opportunities.
Other Societal Abuses and Discrimination.--The constitution and law
prohibit discrimination based on sexual orientation; however, there
were reports of violence and discrimination directed against gays and
lesbians.
Traditional societal attitudes about homosexuality intimidated most
gays and lesbians into concealing their sexual orientation. Gays and
lesbians generally felt insecure, with many reporting threats to their
personal safety. There were fewer threats reported than in previous
years; however, this may have been due to greater caution taken by gays
and lesbians in their activities. The print media at times reinforced
negative attitudes by publishing articles about homosexuality that
characterized gays and lesbians as mentally ill. At least one political
party, the Islamic-oriented Justice Party, included a condemnation of
homosexuality in its political platform.
There were no developments in the May 2007 case in which four
males, three wearing dresses, were harassed by KPS officers. The Center
for Social Emancipation, a local NGO promoting lesbian, gay, bisexual,
and transgender rights, stated that there were a number of other cases
of discrimination against homosexuals during the year but that victims
refused to allow it to present their cases publicly out of fear of
discrimination.
There were no developments in the 2006 assault case involving
unknown persons who severely beat two men they observed engaging in
homosexual acts.
There were anecdotal reports of discrimination against persons with
HIV/AIDS during the year.
Section 6. Worker Rights
a. Right of Association.--UNMIK regulations allow workers to form
and join independent unions of their choice without previous
authorization or excessive requirements, but this right was sometimes
impeded by companies that threatened their employees when they joined
or established unions. UNMIK regulations do not recognize the right to
strike; however, strikes were generally permitted in practice, and few
strikes occurred during the year. The Government did not pass labor
laws by year's end, so UNMIK regulations remained in force.
The only significant unions were the Association of Independent
Trade Unions of Kosovo (BSPK), and the Confederation of Free Unions
(CFU).
b. The Right to Organize and Bargain Collectively.--The law and
UNMIK regulations also provide for the right to organize and bargain
collectively without interference, and the Government did not restrict
this right in practice; however, no collective bargaining took place
during the year. The law and UNMIK regulations allow unions to conduct
their activities without interference, and the Government and UNMIK
protected this right in practice.
UNMIK regulations prohibit antiunion discrimination; however, some
union officials reported discrimination in practice. The BSPK reported
that only a small number of companies respected regulations preventing
antiunion discrimination and claimed that worker rights were abused in
every sector, including international organizations, where staff did
not have security insurance or pensions.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law and UNMIK
regulations prohibit forced or compulsory labor, including by children;
however, there were reports that women and children were trafficked for
commercial sexual exploitation, domestic servitude, and forced labor in
bars and restaurants.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law and UNMIK regulations prohibit exploitation of children in the
workplace, including a prohibition of forced or compulsory labor;
however, with the exception of trafficking, the Government and UNMIK
rarely challenged these practices. Trafficking of children, primarily
for commercial sexual exploitation, was a serious problem, though a
lack of statistical data made it difficult to estimate its magnitude.
UNMIK regulations set the age of 16 as the minimum for employment
and the age of 18 as the minimum for any work likely to jeopardize the
health, safety, or morals of a young person but permit children to work
at age 15, provided it is not harmful or prejudicial to school
attendance. The law requires children between ages six and 15 to attend
school.
Child labor remained a serious problem. According to UNICEF, in
recent years the number of children working on the streets of towns and
cities was rising, although the overall number of working children
remained unknown. Poverty was the most common reason children entered
the workforce. While most children were not their families' main income
earners, child labor served as a major contributor to many families.
Problems with the education system, including low quality and
inaccessibility of schools, contributed to the problem of child labor.
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. The numbers of such children grew relative
to 2007, although no statistics were available. According to the
Ministry of Labor and Social Welfare, the Government has not acted to
address this common form of informal child labor. Some children were
also engaged in physical labor, such as transporting goods.
International NGOs active in the country continued to report serious
labor violations during the year, including child labor. The Ministry
for Labor and Social Welfare coordinated child protection policies, and
the ministry's department of social welfare had responsibility for
ensuring the protection of children. The ministry did not conduct any
inspections during the year.
e. Acceptable Work Conditions.--There is no law establishing a
minimum wage, and the Assembly did not adopt any labor laws during the
year. The average monthly salary in Kosovo was 220 euros ($310) in the
public sector and 275 euros ($388) in the private sector. The
unofficial minimum wage was 80 euros ($112). The law and UNMIK
regulations provide for a standard 4-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. Employers often failed to abide by these
regulations due to a lack of government enforcement.
The BSPK reported serious labor violations during the year,
including lack of a standard work week and compulsory and unpaid
overtime; employees did not report such violations due to fear of
reprisals. According to 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 and in violation of existing laws
and being denied holidays. Women's rights organizations indicated that
sexual abuse occurred on the job but went unreported due to fear of
expulsion or physical retaliation. According to union officials,
workers in the public sector commonly faced similar mistreatment,
including sexual abuse and the loss of employment due to political
party affiliation.
A labor inspectorate within the Ministry of Labor and Social
Welfare is responsible for enforcing labor standards. However, the
inspectorate primarily advised employers and, although the inspectorate
issued over a thousand citations during the year for various labor
standard violations, fines remained unpaid pending litigation. The
inspectorate is responsible for enforcing health and safety standards
but lacked trained staff and did not do so effectively. The law does
not permit employees to remove themselves from dangerous workplaces
without jeopardizing their continued employment.
Although there is a law to protect employees' health and working
conditions, many private and public institutions continued to violate
it. Labor inspectorate officials reported difficulties in obtaining
accurate information since workers rarely disclosed the problems
themselves, in spite of legal protections.
__________
LATVIA
The Republic of Latvia, with a population of approximately 2.25
million, is a parliamentary, multiparty democracy. Legislative
authority is vested in the unicameral Saeima. Elections for the 100
seat Saeima in 2006 were free and fair. Civilian authorities generally
maintained effective control of the security forces.
The Government generally respected the human rights of its citizens
and the large resident noncitizen community; however, there were
problems in some areas. These included: serious police abuse of
detainees and arrestees; poor conditions at police detention
facilities; poor prison conditions and overcrowding; judicial
corruption; obstacles to due process; official pressure to limit
freedom of speech; violence against women; child abuse; trafficking in
persons; incidents of violence against ethnic minorities; and societal
violence and incidents of government discrimination against
homosexuals.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings.
In previous years individuals were alleged to have died because of
mistreatment by security forces. The suspected 2007 killing of a
businessman by two police officers in a detention cell of the Sigulda
police station remained under investigation. The officers involved were
suspended from all duties. In October they were charged with exceeding
official authority, failure to act by a state official, and intentional
serious bodily injury. Their cases are awaiting trial.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that government officials employed them.
Reports continued that police severely abused persons in custody.
The ombudsman's office reported receiving multiple complaints alleging
police violence. Independent local and international sources continued
to voice concerns about police behavior. The ombudsman's office
received seven complaints regarding treatment by police and seven about
treatment by prison officials. Internal police statistics listed 289
complaints of police violence in the first eight months of the year,
although there may have been multiple complaints about a single
incident. During the year complaints about police behavior resulted in
21 criminal investigations and 18 internal investigations, none of
which found breaches of the law. Authorities dismissed the remaining
complaints without opening an investigation, transferred them to other
government agencies without taking action, or were considering whether
to open an official investigation.
There has been little progress in the investigation of the high-
profile case of alleged mistreatment of former security officer Edgars
Gulbis in 2007. Authorities held Gulbis in police custody for a month
due to his alleged involvement in a car bomb attack against the chief
antismuggling officer. Gulbis was later rearrested and at some point
left the police car and either fell, jumped, or was pushed off a bridge
into a river. Gulbis remained in jail throughout the year awaiting
trial. The ombudsman's office indicated that, due to a number of
shortcomings, the police internal investigation of the incident did not
provide adequate explanation of Gulbis' treatment.
Prison and Detention Center Conditions.--Prison and detention cell
conditions remained poor. The Government took no significant measures
to improve prison and detention center conditions following 2007
reports by the Council of Europe (COE) human rights commissioner, by
the COE Committee for the Prevention of Torture (CPT) on its 2004
periodic visit to the country, and by the Latvian Center on Human
Rights (LCHR). The 2007 LCHR report on prisons and detention centers
described a number of key problems, including prison overcrowding,
violence among prisoners, and health problems (a high incidence of
tuberculosis, drug addiction, and HIV infection). One prison closed in
November, increasing pressure on other already crowded facilities.
The LCHR also reported poor conditions at the detention center for
illegal immigrants, including degraded infrastructure with no
ventilation system.
There were 10 deaths of prisoners while in custody during the first
eight months of the year. Authorities indicated that two were suicides
and eight resulted from natural causes. The ombudsman reported only one
case during the year that could be connected to behavior of officials
in prisons or detention centers. On September 5, Sergey Danilin was
found dead in his cell in the Daugavpils prison, having reportedly
asphyxiated on his own vomit. Prison administrators indicated that
guards might have pushed Danilin as he was being transported. A prison
chaplain stated that Danilin's death might have resulted from a severe
beating by a prison guard. Administrators have since opened an
investigation into the case and declined to comment further. There was
no further progress by year's end.
The ombudsman's office stated that it received 42 complaints during
the year about conditions in detention facilities, primarily about
inadequate light, heat, or ventilation in cells, sanitary facilities,
or insufficient exercise areas.
The Government generally permitted independent monitoring of
prisons and detention centers by international and local human rights
groups; however, there were no independent monitoring visits to prisons
and detention centers reported during the year. The CPT carried out its
most recent periodic visit to the country in November and December of
2007. The CPT had not released its report on that visit by year's end.
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,
security police, special immigration police, border guards, and other
services were subordinate to the Interior Ministry. Municipal police
were under local government control. The Military Counterintelligence
Service and a protective service, as well as the National Guard, were
subordinate to the Ministry of Defense.
Allegations of corruption and bribery within law enforcement ranks
were frequent and continued to affect the public's perception of police
effectiveness. During the year, the Bureau for the Prevention and
Combating of Corruption (KNAB) pursued investigations of several
security officials for bribery or extortion.
In September the Riga District Court sentenced the chief of the
Riga city traffic police to six years in prison and confiscation of
property for repeatedly accepting bribes.
In August authorities revoked the security clearance of Vladimirs
Vaskevics, the head of the criminal investigative service of the
customs service, following an extensive corruption investigation.
In April the Supreme Court sentenced the head of a division of the
state police central criminal police department to seven years'
imprisonment and confiscation of property for bribery.
In March the prosecutor general's office started prosecution of an
officer from the Saldus district criminal police board for demanding
and accepting bribes and an officer from the financial police for
attempted intermediation of bribery. Both were convicted, but their
sentences were suspended and they did not spend any time in jail.
Arbitrary Arrest and Detention.--The law requires that persons be
arrested openly and with warrants issued by a duly authorized judicial
official, and the Government generally respected this requirement in
practice. The law provides a person in detention the right to a prompt
judicial determination of the legality of the detention, and
authorities generally respected this right in practice. Detainees were
promptly informed of charges against them. The law requires the
prosecutor's office to make a formal decision whether to charge or
release an individual under arrest within 48 hours. This requirement
was not always followed due to a backlog in the court system. A bail
system exists; however, it was infrequently used and applied most often
in cases of economic crimes.
Detainees have the right to have an attorney present at any time;
however, authorities did not always respect this right in practice.
Investigators conducted unscheduled interrogations of detainees without
legal counsel. The ombudsman's office report on the Gulbis case noted
that Gulbis was regularly subjected to such unscheduled ``talks.''
The Government provided an attorney for indigent defendants.
Authorities permitted detainees prompt access to family members. These
rights were subject to judicial review but only at the time of trial.
While the law limits pretrial detention to no more than 18 months
from the first filing of the case for the most serious crimes, and less
for minor offenses, lengthy pretrial detention remained a concern of
human rights groups. During the year the country's most common
violations of the European Convention on Human Rights, as found by the
European Court of Human Rights (ECHR), related to lengthy pretrial
detention.
In July the ECHR ruled in favor of a former Red Army partisan,
Vasilijs Kononovs, in his complaint that the courts had imprisoned him
for acts that were legal at the time he committed them. In 1944
Kononovs led a raid in support of the Soviet Army against a village
claimed to be aiding the Nazis. Kononovs argued that the villagers were
a legitimate military target, while the court found his actions to be
war crimes conducted by an occupying force. The ECHR also noted the
time that had passed between the act and the conviction, while the
Government replied that it could not try the case during the period of
Soviet occupation. The Government appealed the decision.
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 and corruption.
The judicial system is composed of district (city) courts; regional
courts, which hear appeals from District Courts and can also serve as
courts of first instance; a separate administrative court, which
adjudicates administrative violations; the Supreme Court, which is the
highest appeals court; and the seven member Constitutional Court, which
hears cases involving constitutional issues at the request of state
institutions or individuals who believe that their constitutional
rights were violated.
On February 7, the Riga regional court sentenced two District Court
judges, Irena Polikarpova and Beatrise Talere, to eight years'
imprisonment for bribery. Polikarpova and Talere appealed the sentence
to the Supreme Court.
Trial Procedures.--The constitution and law provide for the right
to a fair trial, and most judges enforced this right; however, the
fairness of individual court decisions and of judges and the court
system in general remained a concern.
Trials are generally public; however, they may be closed to protect
government secrets or the interests of minors. A single trial judge
hears most cases, although for more serious criminal cases, at the
district and regional levels, two lay assessors join the professional
judge on the bench. In some criminal cases, modified juries consisting
of randomly selected members of the public participate in the tribunal
in a limited way. Defendants have the right to be present at their
trials. At closed trials, defendants are subject to criminal sanction
if they reveal any details of the case outside the courtroom.
Defendants have the right to consult with an attorney in a timely
manner, at government expense if they are indigent. Defendants have the
right to read charges and confront witnesses against them, and may call
witnesses and offer evidence to support their cases. Defendants and
their attorneys have access to government held evidence relevant to
their cases. Defendants enjoy a presumption of innocence and may appeal
to the highest levels in the judicial system.
During the year a special parliamentary commission was formed to
investigate the judiciary and the judicial decisions mentioned in the
controversial book Litigation Kitchen published by journalist Lato
Lapsa in August 2007. The book included a series of transcripts of
allegedly wiretapped telephone conversations, sparking allegations of
unethical and illegal behavior among some judges, including discussing
cases outside of court and inappropriate influence on judges from the
political elite and businesses, between prominent figures in the
judiciary from 1998 to 2000. The commission released an interim report
in September that was inconclusive in regards to the specific
allegations of the book, but claimed general improvement in the
judiciary since the time of the incidents alleged in the book. Three
judges have stepped down because of the allegations, but none have been
charged with a crime.
In April the Saeima established an independent judicial ethics
committee, and the annual congress of judges elected its members.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The law provides for an
independent and impartial judiciary in civil matters, including access
to a court to bring lawsuits seeking damages for, or cessation of, a
human rights violation. The Government generally upheld the law
concerning civil procedures.
Property Restitution.--In September the Government established a
task force to study outstanding claims for the restitution of pre
Holocaust Jewish communal property. The task force had not publicly
released any findings by the end of the year. The Jewish community also
sought compensation for private property last owned by Jews before the
Holocaust that could not be regained by the community upon the
restoration of independence because there were no identifiable heirs.
There was no further progress on restitution for either communal or
heirless properties. Members of the international Jewish community
complained that national and local authorities delayed or ignored
claims by Jews regarding property restitution.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice.
Observers expressed concern about freedom of speech after two
persons were detained for comments interpreted as advice to remove
holdings from banks. In November security police detained economist
Dmitrijs Smirnovs for two days of questioning after a newspaper
published his comments suggesting that the banking system was unstable
and that the lat (the currency) might be devalued. Pop musician Valters
Fridenbergs was also taken in for questioning for comments he made
about bank stability during a concert. The law criminalizes spreading
false information about the financial system. Both individuals were
released without being charged.
The law criminalizes incitement to racial or ethnic hatred.
In October the Supreme Court rejected the prosecutor's office's
appeal of the court's 2007 ruling that the publisher of an anti Semitic
and anti Russian newspaper was not guilty of interethnic incitement.
The paper had published articles referring to Jews as ``kikes'' and
containing numerous derogatory statements about Russians living in the
country. In rejecting the appeal, the Supreme Court noted that the
newspaper's actions were unethical but not illegal.
The country has one state owned television station, Latvian
National Television (LTV), and one radio station, Latvian National
Radio. A number of privately owned television and radio outlets
thrived.
Independent media were active and expressed a wide variety of views
without restriction. The three largest Latvian language dailies were
privately owned. Russian language print and electronic media were also
large and active. There was one government owned newspaper, which
primarily published official records of government actions and
decisions. Other newspapers were widely believed to be associated with
political or economic interests; complete information on media
ownership was not publicly available.
The law governing broadcast media contains a number of restrictive
provisions regulating the content and language of broadcasts. Primary
broadcast radio and television stations are required to use the state
language (Latvian), and secondary broadcasters are allotted up to 20
percent of total broadcast time for non-Latvian language programming.
Non-Latvian television broadcasts are required to have Latvian
subtitles. However, these laws only apply to terrestrial broadcasts, as
opposed to satellite or cable television. Extensive Russian language
programming was available on both traditional channels and cable
networks. These restrictions do not apply to the print media.
There was no official censorship of content of public or private
media; however, the ruling political forces at times reportedly
attempted to influence the content of public television broadcasts.
On May 14, the Latvian National Security Committee of the Saeima
questioned Edgars Kots, the director of LTV, in a closed hearing. The
media reported that committee members criticized the overall content
and tone of LTV's broadcasts as biased against the Government and
overly negative about general developments in the country. The head of
the committee stated publicly that the committee did discuss the tone
and content of broadcasts of LTV and justified the hearing by
asserting, ``LTV influences the views of society, which in turn
influence the overall security of society.'' Representatives of the
media and the opposition New Era party criticized the hearing as an
unacceptable attempt to pressure LTV.
The Government's appeal of an approximately 100,000 lat
(approximately $200,000) civil award for invading the privacy of LTV
journalist Ilze Jaunalksne remained pending after the Government was
granted more time for investigation. Results from an internal
investigation into wrongdoing by financial police involved in
Jaunalksne's case were sent to the prosecutor's office for review and
for determination as to whether criminal conduct had occurred. The
report was considered confidential. As of the end of the year, criminal
proceedings were in process against some of the officials involved.
In 2007 the Government asked LTV reporters who broadcast a story
describing a ``search in connection with criminal charges'' brought
against influential regional politician Aivars Lembergs to reveal their
sources. They refused the request. No action was taken on the case
during the year, and there were no indications that the matter would be
pursued further.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. The
Internet was widely used by the public.
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; however, organizers of
demonstrations must provide advance notice to local authorities, who
may change the time and place of public gatherings for such reasons as
to prevent public disorder. Numerous demonstrations took place
peacefully and without government interference during the year.
However, some observers continued to criticize a provision of the law
requiring notification of a planned protest 10 days in advance and what
they characterized as vague procedures for holding a protest without
prior notice.
After denying a permit in 2006, authorities issued, for a second
year, a permit for a gay pride parade in Riga. While the parade was
held on May 31, its organizers questioned the extremely high level of
security measures taken by authorities, which organizers believed
discouraged participation and limited visibility of the event.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice; however, the law bars the registration of Communist,
Nazi, or other organizations whose activities would contravene the
constitution, for example, by advocating the overthrow of the existing
form of government. Nevertheless, some nationalist organizations using
fascist era slogans and rhetoric operated openly.
Under the law, members of the country's large noncitizen community
are prohibited from joining and participating in any political party of
400 or more members in which less than half the party members are
citizens.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice. However, by law, ``traditional'' religious groups
(Lutheran, Roman Catholic, Orthodox, Old Believer, Baptist, Seventh Day
Adventist and Jewish) enjoy a number of specific rights not available
to ``new'' religions. For example, representatives of traditional
religious groups may teach their religion to public school students who
sign up to take classes, conduct official marriages, provide religious
services for the army, and have representation in the National
Ecclesiastical Council, which provides advice on religious matters to
the Government. New religions did not have these rights and were
subject to some bureaucratic regulations and paperwork requirements not
applicable to traditional religions.
In November the Government passed laws regulating state relations
with the Russian Orthodox and Lutheran churches, similar to laws that
came into effect in May regarding the Adventist, Baptist, Jewish,
Methodist, and Old Believer Orthodox churches.
Although the Government does not require religious groups to
register, the law accords registered religious organizations certain
rights and privileges, including separate legal status for owning
property or for other financial transactions, and tax benefits for
donors. Single congregations that do not belong to a registered
religious organization must reregister each year for 10 years. Ten or
more congregations of the same denomination and with permanent
registration status may form a religious association. Only churches
with religious association status may establish theological schools or
monasteries.
According to Ministry of Justice officials, most registration
applications were approved once proper documents were submitted. The
law does not permit simultaneous registration of more than one
religious group (church) in a single confession. Ten congregations
appealed this limitation; two of these appeals were administratively
rejected during the year, the remaining eight remained pending at
year's end.
The law denies foreign evangelists and missionaries the right to
hold meetings and to proselytize unless registered domestic religious
organizations invite them to conduct such activities. Some foreign
religious denominations criticized this provision.
Societal Abuses and Discrimination.--The Jewish community numbers
approximately 11,000 and is largely secular and Russian speaking. There
was one active synagogue in Riga and one in Daugavpils. There were no
reported incidents of violent attacks targeting Jews. However, there
were occasional acts of vandalism in Jewish cemeteries and anti-Semitic
statements in public spaces, such as Internet fora.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum-seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for granting asylum or
refugee status in accordance with the 1951 UN Convention relating to
the Status of Refugees and its 1967 protocol, and the Government has
established a system for providing protection to refugees. During the
year the Government received 51 applications for asylum; two
individuals were granted the status of refugees. In practice, the
Government provided some protection against the expulsion or return of
refugees to a country where their lives or freedom would be threatened.
However, there were continued reports that authorities systematically
turned away persons attempting to enter the country at border
checkpoints without establishing whether they may have been refugees or
asylum seekers.
The Government also provided temporary protection (``alternative
status'') to individuals who might not qualify as refugees under the
1951 convention and 1967 protocol. During the year the Government
granted alternative status to one person.
The 2007 LCHR report on detention facilities noted that the failure
of authorities to provide information to irregular migrants and asylum
seekers concerning their rights and governmental procedures was a
significant human rights problem. The LCHR also found shortcomings in
legislation in this field; for instance, the law governing immigration
does not provide clear provisions on immigrant detention and appeal
procedures, resulting in a wide variety of court decisions in
apparently similar cases. Neither does the law specifically regulate
the protection of rights of detained illegal immigrants and asylum
seekers.
In 2007 police opened a criminal investigation following a violent
attack by unidentified persons on two Somali refugees. The security
police continued to investigate the case.
Stateless Persons.--Citizenship is derived from one's parents (jus
sanguinis). According to UNHCR data, there were 372,622 stateless
persons at the end of 2007, which included 372,421 stateless persons
who were considered resident noncitizens and 201 other stateless
persons who did not have the rights available to resident noncitizens.
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 Latvia. The stateless persons reflected in the
UNHCR total consisted primarily of individuals of Slavic origin who
moved to the country during the Soviet occupation and their
descendents. They were not given automatic citizenship when the country
regained its sovereignty in 1991. There are laws and procedures for
granting citizenship to the noncitizen population, and more than
120,000 persons have become citizens through naturalization since the
process became possible in 1995.
The UNHCR notes that the country's laws grant a transitional legal
status to permanently residing persons (noncitizens) entitling them to
a set of rights and obligations beyond the minimum rights prescribed by
the 1954 Convention relating to the Status of Stateless Persons and
identical to those attached to the possession of nationality, with the
exception of certain limited civil and political rights.
As of year's end, most of the remaining 372,000 noncitizens were
legally eligible for citizenship but had not applied for it.
Noncitizens most frequently said their reason for not applying was the
perceived ``unfairness'' of the requirements and resentment at having
to apply for citizenship rather than having it automatically granted at
the time of the restoration of independence. The citizenship exam
included a Latvian language test and examination on various aspects of
the constitution and history of the country. Resident noncitizens have
permanent residence status, consular protection abroad, and the right
to return to Latvia.
Resident noncitizens have full rights to employment, except for
some government jobs and positions related to national security, and to
most government social benefits; however, they cannot vote in local or
national elections and cannot organize a political party without the
participation of an equal number of citizens. Authorities reported that
the number of naturalizations dropped significantly in January 2007
after the European Union (EU) granted noncitizen residents visa-free
travel and work rights within the EU. The Government claimed that
Russia's June decision to allow these individuals to visit Russia
without a visa would similarly depress the rate of naturalization. In
contrast to 10,581 naturalization applications in 2006, but similar to
3,308 applications in 2007, there were 2,601 applications during the
year. During the year 3,004 persons were granted citizenship through
naturalization.
The European Commission against Racism and Intolerance (ECRI) noted
in its 2008 report that the naturalization process remained slow and
there was an urgent need to solve the problems linked to the status of
noncitizens which made the persons concerned feel like second class
citizens. The Government response, included as an appendix to the
report, argued that the Government already provides a path to
citizenship for almost all noncitizen residents, but many noncitizens
had chosen not to pursue citizenship for personal or ideological
reasons; and that granting additional rights to noncitizens would only
diminish the incentive to naturalize.
The Organization for Security and Cooperation in Europe (OSCE) high
commissioner on national minorities visited the country in April and
provided recommendations to improve the naturalization process, ``by
granting automatic citizenship to all children born in the country
after 1991 and to the newly born children of noncitizens.'' He further
advised authorities to ``grant resident noncitizens the right to vote
in local elections.''
The Latvian Center for Human Rights noted in its 2008 alternative
report, which mirrored the ECRI report, that although international
organizations and state officials on several occasions acknowledged the
need to reduce the number of noncitizens, the Government has neither
provided sufficient funds, nor implemented consistent activities, to
promote naturalization.
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 held on
the basis of universal suffrage.
Elections and Political Participation.--Free and fair elections for
the Saeima were held in 2006; the Saeima elected a new president in May
2007.
On April 25, the KNAB asked five political parties to pay to the
state the amounts by which they exceeded campaign-spending limits
during the 2006 election campaign. According to the KNAB's final
calculations, the People's Party owed the largest amount, 791,510 lats
(approximately $1,570,000). The second largest of the alleged violators
of campaign spending limits, Latvia's First Party/Latvia's Way,
reregistered as a new party in 2007, thereby avoiding legal liability
for the payment.
On August 2, the country held a referendum on whether to amend the
constitution to give the public the right to initiate procedures to
dismiss the Saeima directly. Forty-three percent of eligible voters
took part in the referendum. The constitution requires that at least 50
percent of eligible voters vote in favor of the amendment for the
referendum to be valid, so the amendment did not take effect. Of those
who participated, 93 percent supported the draft amendments.
Citizens can organize political parties without restriction;
however, the country's approximately 372,000 noncitizen residents were
prohibited by law from organizing political parties without the
participation of an equal number of citizens in the party. The election
law prohibits persons who remained active in the Communist Party or
various other pro Soviet organizations after 1991 or who worked for
such institutions as the former Soviet Committee for State Security
(KGB) from holding office.
Janis Adamsons, a former KGB employee, was barred by the Central
Election Commission from running for a seat in the Saeima in the 2002
election due to his former involvement in a Soviet security
organization. The courts upheld the commission's decision. On June 24,
the ECHR ruled that Adamsons' right to participate in elections had
been violated and that the legal provision under which Adamsons was
disqualified was too broad. The ECHR ruling noted that Adamsons had
held a number of important government positions since 1991 and over
that period he had not conducted any antidemocratic activities. The
Government appealed the decision, but its repeal was rejected and the
decision became final in December.
At year's end, there were 21 women in the 100 member Saeima, and
four women in the 19 member Cabinet of Ministers.
Members of minorities, including ethnic Russians and Poles, served
in various elected bodies. However, the Saeima no longer publicly
tracks the ethnicity of its members.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively. There was a widespread perception that
corruption existed at all levels of government, and according to the
World Bank's Worldwide Governance Indicators, government corruption was
a problem. During the first half of the year the KNAB initiated 14
criminal cases against government officials (including members of the
judiciary), compared with 30 in all of 2007 and 51 in all of 2006. The
KNAB forwarded eight criminal cases involving 25 individuals to the
prosecutor's office. Seven officers of various law enforcement bodies
were suspects in corruption related cases, most on suspicion of taking
bribes.
In May 2007, the Kuldiga District Court found Ventspils mayor
Aivars Lembergs not guilty of charges of abuse of power and making
false statements in connection with the operation of the Ventspils
port. The Government's appeal was denied, and Lembergs sued the
Ministry of Justice, the prosecutor general's office and the Ministry
of Finance for damages, and won a reduced settlement from the Ministry
of Finance. Several of Lembergs' business and political associates were
arrested and charged with related crimes, but none had been tried by
year's end. During the year Lembergs had a limited voice in the
Ventspils City government. In the fall the prosecutor general forwarded
the 2007 case against Lembergs on charges of large-scale money
laundering, bribery, abuse of office, and failure to declare property
for tax purposes to the Riga Regional Court. The case had not been
heard by year's end.
In 2007 the KNAB forwarded evidence to the prosecutor's office
accusing a division chief of the Daugavpils City land register of
accepting 31 bribes. During the year the Supreme Court sentenced the
division chief to two years' imprisonment and confiscation of property.
In August authorities revoked the security clearance of Vladimirs
Vaskevics, the head of the criminal investigative service of the
customs service, following an extensive corruption investigation. He
was reassigned to the more senior position of deputy director of the
State Revenue Service. The KNAB forwarded evidence in his case to the
prosecutor's office, but the prosecutor's office had not formally
charged Vaskevics with a criminal offense.
In October 2007 the prosecutor's office filed charges against 20
individuals, including Jurgis Liepnieks (former head of Prime Minister
Kalvitis' office), who was accused of participating in a fraudulent
scheme to secure an agreement with a foreign firm to introduce digital
television. At year's end the trial had not begun due to a change in
the presiding judge. Liepnieks asserted that former prime minister
Andris Skele was also involved in the scheme; however, no charges had
been brought against Skele by the end of the year.
The law requires public officials to file income declarations
annually and irregularities are carefully researched. During 2007 there
was a partial relaxation of rules on the acceptance of gifts by public
officials. Limits were raised on the value of gifts that could be
accepted by officials, provided they were not directly connected to the
duties of public office. Anticorruption groups claimed that the new
rules provide a loophole that could allow officials, especially elected
officials, to accept large gifts as long as there was no direct
beneficiary relationship between the gift giver and decisions taken by
the official.
The state auditor annually reviews all governmental agency
financial records, both classified and unclassified, and documents
irregularities. Reports are forwarded to the prime minister. The KNAB
is responsible for combating government corruption.
To combat corruption, authorities arranged training and seminars
for approximately 1,400 personnel during the year on various aspects of
conflict of interest and internal controls against corruption.
A Cabinet of Ministers' regulation provides a mechanism for public
access to government information, and the Government generally provided
access to citizens in practice. There were no indications that
noncitizens and the foreign press were denied access.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
met with domestic NGO monitors and responded to their inquiries;
however, the Government often lacked the political will or resources to
act on NGO reports or recommendations. A parliamentary Human Rights
Committee did not enjoy the confidence of human rights NGOs.
Only a few NGOs claimed to address the broad range of human rights
problems. Among the most visible was the LCHR. Several NGOs dealt with
specific issues: Apeirons was concerned with persons with physical
disabilities; Marta focused on the protection of women's rights;
Providus, the Center for Public Policy, and Delna (the national branch
of Transparency International) focused on combating corruption; and
Zelda focused on mental disability. None of these NGOs were closely
aligned with the Government or political parties.
The Government cooperated with international organizations and
permitted visits by their representatives. During the year few
international organizations published reports on or visited the
country.
In February the ECRI released a report on the country, based
largely on a visit in March 2007. The report noted progress in some
areas, but indicated that the number of racially motivated attacks
targeting visible minorities had increased at the time of their visit
and the Government response had been inadequate; racist discourse
geared toward newcomers and certain ethnic and religious groups by some
politicians and in the media remained a problem; and problems persisted
with the full integration of the Russian speaking population, partly
due to alleged job discrimination and to obstacles to Russian speakers'
participation in public and political life in the country. In its
response, the Government argued that racially motivated violence was
limited to isolated incidents and that both changes to the law in 2007
and training had helped police better respond to incidents when they
happen.
The OSCE high commissioner on national minorities visited the
country in April and provided recommendations to improve the
naturalization process, ``by granting automatic citizenship to all
children born in Latvia after 1991 and to the newly born children of
noncitizens.'' He further advised the Government to ``grant resident
noncitizens the right to vote in local elections.''
During the year the Government strengthened the ombudsman's office,
which was established in 2007 to protect the rights of individual
citizens in relation to the Government, by providing a longer term of
office for the ombudsman, granting the ombudsman the right to propose
changes to legislation, and requiring an annual ombudsman's report to
the Saeima. During the year the ombudsman's office represented a person
in court for the first time, in a case of discrimination against a
woman due to pregnancy. The ombudsman's office noted that procedural
constraints made it difficult for it to participate in many
discrimination cases. None of the ombudsman's recommendations to
parliamentary commissions were adopted in legislation. Local human
rights organizations continued to voice concern over the office's
limited response to human rights issues.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, language,
disability, or social status; however, violence against women and
racial minorities, societal discrimination against women and
homosexuals, child abuse, and trafficking in persons were problems.
Women.--The law specifically criminalizes rape but does not
recognize spousal rape. Criminal penalties vary depending on the nature
of the crime, the age of the victim, and the criminal history of the
offender. Such penalties range from probation to life imprisonment.
A local NGO, the Skalbes Crisis Center, reported that rape laws
were ineffective and that rapes were underreported due to a tendency by
police to blame the victim. Police reported that the number of criminal
cases involving rape had remained stable in recent years and that few
rapes were committed by individuals who were strangers to the victims.
Violence against women is against the law; however, there are no
laws that deal specifically with spousal abuse. Although NGOs and
police agreed that domestic violence was a significant problem, the law
was not effectively enforced because abuse was underreported. Victims
of abuse were often uninformed about their rights and were reluctant to
seek redress through the justice system. Human rights groups asserted
that the legal system, including the courts, did not always take
domestic violence cases seriously. Police stated they could only make
arrests if either the victim or a witness agreed to file charges or if
police actually caught someone in the act of committing the abuse.
There were no shelters designed specifically for battered or abused
women. Women who experienced violence could seek help in family crisis
centers; however, these centers had limited capacity and gave priority
to women with children. There were no dedicated rape or assault
hotlines; however, NGOs managed approximately five general crisis
hotlines. The NGO Marta Center operated Web sites that provided
information and legal assistance for female victims of violence.
Prostitution is legal, although procurement is not. Prostitution
was widespread and was often linked to organized crime. Riga was an
increasingly popular destination for sex tourism.
Sexual harassment is illegal; however, in the absence of
complaints, the Government was unable to enforce the law. Sexual
harassment of women in the workplace reportedly was common. Cultural
factors tended to discourage women from filing complaints of
harassment.
Women enjoy the same rights as men, including rights under family
law, property law, and in the judicial system. The law prohibits
employment discrimination; however, in practice women frequently faced
hiring and pay discrimination, particularly in the private sector. The
law also prohibits women from performing physically demanding jobs in
unhealthy conditions, which are specified in a list agreed upon by the
Cabinet of Ministers.
The law prohibits work and wage discrimination based on gender and
requires employers to set equal pay for equal work; however, government
regulatory agencies lacked the skills and resources to implement the
law fully. Some progress was made during the year. For example, the
Ministry of Welfare implemented an awareness campaign that encouraged
primary education teachers to portray more women as professionals and
more men as childcare providers.
Children.--The Government was committed to children's rights and
welfare; however, in practice authorities did not fully enforce
constitutional provisions and laws related to children.
A local NGO working with abused children, the Dardedze Center
Against Violence, stated that the number of reported instances of child
abuse, including sexual abuse, had increased in the past several years.
The center attributed this 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.
Police expressed concern about an increase in the number of
children subjected to commercial sexual exploitation and ``traveling
pedophiles'' in the country for the purpose of sex tourism.
In October the UN special rapporteur on the sale of children, child
prostitution, and child pornography visited the country. In preliminary
findings, she noted a low number of reported incidents, but expressed
concern about an increase in pornography and child sex tourism, at
times facilitated by the Internet, and potentially exacerbated by the
country's economic downturn.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that persons were trafficked
to, from, and within the country for commercial sexual exploitation and
from the country for forced labor.
The country was a source for women destined for the commercial sex
trade in Cyprus, Denmark, Germany, Greece, Italy, the Netherlands,
Norway, Spain, and the United Kingdom; women and teenage girls were
also trafficked within the country for commercial sexual exploitation.
At least one case of trafficking of men and women to the United Kingdom
for agricultural work was still being prosecuted. In one known case,
the country served as a destination for trafficking victims from
Thailand.
The number of trafficking victims was impossible to ascertain.
Relaxed travel regulations within the EU allowed traffickers to target
Latvian nationals more easily. Tens of thousands of men and women
departed the country in search of economic opportunities created by the
country's entry into the EU labor market. Reports indicated that some
of these persons might have become victims of labor traffickers. Those
most at risk were persons from unstable families and unemployed or
marginally employed women from 17-25 years old with poor education and
from economically underdeveloped areas.
Police believed that most traffickers were small-scale criminal
groups with well-established contacts in destination countries. Law
enforcement agencies reported that, because of the country's strict law
enforcement since 2006, trafficking organizers were sending persons who
began as trafficking victims to recruit their family and friends,
rather than risk attempting to recruit in person.
Recruitment over the Internet and through marriage agencies was
also popular. The country's antitrafficking squad reported that
traffickers usually avoided threatening or applying force when
recruiting their victims. Although trafficking victims often consented
to being transported abroad, they were usually misled by recruiters
with offers of marriage or jobs as dancers.
The law provides for prison sentences of up to 15 years for
trafficking. Most perpetrators continued to be prosecuted under a
statute that prohibits persons being sent abroad for sexual
exploitation. This law, like the antitrafficking statute, carries a
prison sentence of up to 15 years. The legal definition of trafficking
in persons includes internal trafficking and trafficking for labor
exploitation.
Three Chinese nationals were smuggled into the country in August.
Investigation of the incident led to 11 arrests, including 10 Latvian
nationals and one Lebanese national. Charges for alien smuggling in an
organized group have been brought against them, although they had not
been tried by year's end. A similar case during the year involving
smuggling of Syrian nationals led to five more arrests.
During the year, police finalized investigations of 11 cases for
sending persons abroad for sexual exploitation, a form of human
trafficking criminalized by the Latvian Criminal Law. All 11 cases were
submitted to courts.
During the year courts convicted 11 traffickers for activities
during or prior to 2008. Three convictions resulted in prison terms
from three to 10 years and confiscation of property. For seven
traffickers the conviction resulted in conditional sentences and no
imprisonment. Three of the conditionally sentenced traffickers were
subject to property confiscation. For one trafficker the conviction
resulted in a fine.
In many cases, a lack of recognition among the judiciary of the
severity and impact of trafficking led to minimal or suspended
sentences for traffickers.
There were no reports during the year that officials were involved
in trafficking.
The country maintained several facilities to care for domestic and
foreign victims of trafficking. The Marta Center remained the principal
provider of assistance to trafficking victims. In November 2007 the
Government created the Shelter Association Safe Home, which used 27,665
lats (approximately $48,000) in government funds to provide assistance
and shelter to trafficking victims throughout the year. Both facilities
had the capacity to accommodate and provide services to up to 14
victims at a time. The Shelter Association Safe Home rehabilitated four
trafficking victims identified during the year. The Marta Center
provided services to fewer victims than in the past, and in November
the Government ended financial support of the Marta Center's programs,
including maintenance of its antitrafficking hot line.
The Government systematically monitored antitrafficking efforts and
focused mainly on prosecution, victim protection, and prevention. The
Ministry of Interior worked with local NGOs and international
organizations to develop and implement an antitrafficking project
called ``Open Labor Market for Women'' and maintained an
antitrafficking Web portal both to educate the public and provide
information resources to specialists, such as law enforcement staff,
educators, and social workers. Trafficking victims and witnesses were
able to use the Web portal to report instances of trafficking. The
Ministry of Interior led a government working group that held regular
sessions to coordinate the antitrafficking activities of ministries,
government agencies, and NGOs.
Under the national action plan to combat trafficking, the Ministry
of Education is in charge of trafficking prevention. Trafficking
prevention is part of the social sciences curriculum at the elementary
and secondary school levels. The Attistiba College of Social Work and
Social Pedagogy and the Latvian Police Academy offered courses,
approved by the ministry, to educate future social workers and law
enforcement specialists on how to prevent trafficking and assist
victims.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and 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.
A report on ``closed'' institutions released in 2007 by the LCHR
summarized a number of problems in psychiatric hospitals and social
care homes for persons with mental disabilities, including restrictions
on privacy, violation of rights to a private life, and inhumane
treatment by personnel that ranged from negligence to emotional and
physical violence. NGOs noted no changes in these conditions during the
year.
National/Racial/Ethnic Minorities.--Attacks against racial
minorities continued to be a problem, though fewer cases were reported
than in previous years. In contrast with 16 registered cases in 2007,
there were six registered complaints of abusive behavior against ethnic
or racial minorities during the first eight months of the year.
Of these, one was an allegedly racially motivated violent attack
against an ethnic minority and the remaining five were incidents that
involved hate speech. NGOs representing minority groups claimed that
these statistics underreported the actual number of incidents. The
ombudsman's office received 17 written complaints of racial or ethnic
discrimination and 14 complaints regarding discrimination on the basis
of language.
In August the European Agency for Fundamental Rights' annual report
criticized the ``limited'' capacity of the country's system to collect
data on incidents of racial crime or discrimination.
In a 2007 report, the UN Economic and Social Council (ECOSOC)
expressed concern that the law mandating the use of the Latvian
language in all dealings with public institutions, including with local
authorities, may discriminate against linguistic minorities, including
the Russian speaking minority, which in 2007 constituted approximately
35 percent of the population. In particular, ECOSOC expressed concern
that older members of linguistic minorities may be disadvantaged in
receiving public services.
The Government acknowledged that the Romani community faced high
levels of unemployment and illiteracy, as well as widespread societal
discrimination. In January 2007 the Government began implementing a
national action plan to address problems faced by the country's
estimated more than 8,000 Roma with respect to employment, education,
and human rights. The action plan was criticized for lacking the
funding necessary to achieve substantial improvement in conditions for
Roma. During the year 28 members of the Romani community were trained
as teacher's assistants in an effort to improve access and
participation in the educational system. Two of those 28 were working
in schools.
On July 29, the Government expanded the list of professions in
which persons are required to have a minimum level of proficiency in
Latvian.
The Government eliminated the position of special assignment
minister for integration and transferred responsibility for some of the
functions formerly conducted by the secretariat to the Ministry for
Child and Family Affairs.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination against homosexuals; however, the
population at large appeared to have little tolerance for
homosexuality.
During the year the city of Riga permitted a gay pride event under
heavy police protection. There were reports of verbal harassment by
opponents from outside the security perimeter, but there were only
minor violations of public order. Organizers of the event questioned
the severe security measures imposed by the authorities, which they
believed discouraged participation and limited visibility of the event.
In April the minister for the Secretariat of Social Integration
removed a list of ``vulnerable groups'' from the national program on
the promotion of tolerance after his consultations with church
representatives. Some human rights NGOs believed that the list was
removed because it included the Lesbian Gay Bisexual and Transgender
(LGBT) community.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law entitles workers, except for
the uniformed military, to form and join independent unions of their
choice without previous authorization or excessive requirements, and
workers exercised this right in practice. Approximately 15 percent of
the workforce was unionized during the year.
The law allows unions to conduct their activities without
interference, and the Government protected this right in practice. The
law recognizes the right to strike, subject to limitations that include
obligatory, prolonged prestrike procedures and the prohibition of some
types of solidarity strikes and political strikes. While most workers
were free to exercise the right to strike within these parameters,
labor regulations prohibit judges, prosecutors, police, fire fighters,
border guards, employees of state security institutions, prison guards,
and military personnel from striking. A labor law addressing disputes
identifies arbitration mechanisms that unions and members of those
professions forbidden from striking, may use in lieu of striking.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, and workers exercised this right in
practice. There were no reports of antiunion discrimination.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. Women and children
were trafficked abroad and within the country for commercial sexual
exploitation; men and women were trafficked to the United Kingdom for
forced labor. Three women were trafficked to the country from Thailand
to work as masseuses; they complained to authorities that work
conditions and compensation were not what they had been led to expect.
After filing the complaint, the women were briefly provided government
funded victims' assistance services but were subsequently deported on
short notice.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law and policies protect children from exploitation in the workplace,
including policies regarding acceptable working conditions, and the
Government generally implemented these laws and policies in practice.
However, there were reports that children were trafficked for
commercial sexual exploitation. The law restricts employment of those
under the age of 18 by prohibiting night shift or overtime work. The
statutory minimum age for employment is 15, although children between
the ages of 13 and 15 may work in certain jobs outside of school hours
with written permission from a parent.
Inspectors from the Ministry of Welfare's State Labor Inspectorate
are responsible for enforcing the child labor laws, and they did so
effectively.
e. Acceptable Conditions of Work.--The legally mandated monthly
minimum wage of 160 lats (approximately $317) did not provide a decent
standard of living for a worker and family. As of July, the average
monthly wage was approximately 385 lats (approximately $762). The State
Revenue Service is responsible for enforcing minimum wage regulations,
and it did so effectively.
The law provides for a mandatory 40 hour maximum workweek with at
least one 42 hour rest period weekly. The maximum permitted overtime is
200 hours per calendar year. Excessive compulsory overtime is
forbidden. The law requires premium pay in compensation for overtime,
unless other forms of compensation are agreed to in a contract. By law
an employee working overtime receives premium pay that is at least
equal to the regular pay rate. These standards were generally respected
for both citizens and noncitizen workers.
The law establishes minimum occupational health and safety
standards for the workplace, which were effectively enforced. Workers
have the legal right to remove themselves from situations that
endangered health or safety without endangering their continued
employment; however, authorities did not enforce this right.
__________
LIECHTENSTEIN
The Principality of Liechtenstein, with a population of
approximately 35,400, is a 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 after free and fair parliamentary elections in
2005. Civilian authorities generally maintained effective control of
the security forces.
The Government generally respected the human rights of its
citizens, and the law and judiciary provided effective means of
addressing individual instances of abuse. There were isolated reports
of excessive force by police, societal discrimination against
minorities, violence against women, including spousal abuse, and child
abuse.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
there were no reports that government officials employed them. In
September a member of a special police unit was accused of injuring one
person during a raid on an illegal gambling establishment. The police
disputed the accusation and the case remained under review by the state
prosecutor at year's end.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards. The Government
permitted visits by independent human rights observers.
A new law, effective January 1, renewed the legal basis for the
penitentiary system and established an independent body to monitor
prison 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 regular and auxiliary police, and
the Government has effective mechanisms to investigate and punish abuse
and corruption. There were no reports of impunity involving the
security forces during the year.
Arrest and Detention.--Police arrest a suspect based on an arrest
warrant issued by the national court. Within 48 hours of arrest, police
must bring suspects before an examining magistrate who must either file
formal charges or order release; authorities respected this right in
practice. Release on personal recognizance or bail is permitted unless
the examining magistrate has reason to believe that the suspect is a
danger to society or would not appear for trial. The law grants
suspects the right to legal counsel of their own choosing during
pretrial detention, and counsel was provided at government expense to
indigent persons. However, the law grants the suspect access to a
lawyer only after an examining magistrate has filed formal charges.
During police detention, visits are commonly not allowed, although in
practice suspects may contact family members. During investigative
detention, visits can be monitored to prevent tampering with evidence.
The revised code of criminal procedure's regulations on
investigative detention entered into force on January 1. It introduced
a system of strict time limits and tight judicial review and granted
detainees improved access to legal counsel.
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 involving minor offenses are heard by a single judge,
more serious or complex cases by a panel of judges, and the most
serious cases, including murder, by a public jury. The law grants
defendants the right during trial to legal counsel of their own
choosing; counsel is provided at government expense for indigent
persons. Defendants may challenge witnesses or evidence and present
witnesses or evidence on their own behalf. Defendants are presumed
innocent and have access to government held evidence relevant to their
cases. Those convicted have the right to appeal, ultimately to the
Supreme Court.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, and access to a court to
bring lawsuits seeking damages for, or cessation of, a human rights
violation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Over 80 percent of households had broadband access to the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
The Roman Catholic Church is the official state church; its
finances are integrated directly into the budgets of the national and
local governments, and it is favored over other religious communities
in the distribution of state subsidies. The Government also provided
financial support to the Protestant, Christian Orthodox, and Muslim
communities. Smaller religious groups are eligible to apply for grants
as associations of foreigners or for specific projects. After both the
Council of Europe and the UN High Commissioner for Refugees (UNHCR)
criticized the Government for the special financial subsidies granted
the Roman Catholic Church, the Government proposed legislation that
would amend the constitution and reform church-state relations. In June
the legislation was referred to the public for review, which concluded
in November. At year's end, the Government was reviewing the comments
received during the public review.
Roman Catholic or Protestant religious education was compulsory in
all primary schools, but the authorities routinely granted individual
exemptions for children whose parents requested them. At the secondary
school level, parents and pupils chose between traditional confessional
religious education and the non-confessional subject ``Religion and
Culture.'' In 2007 the Government introduced Muslim religious education
classes in public primary schools.
Societal Abuses and Discrimination.--In a report released on April
29, the European Commission against Racism and Intolerance said it had
received reports of instances of verbal and physical abuse against
Muslims, particularly against women wearing headscarves.
There were no reports of anti-Semitic acts. The Jewish community in
the country is small and does not have a formal organizational
structure.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The Government cooperated with the Office of the UNHCR and other
humanitarian organizations in providing protection and assistance to
refugees, asylum seekers, stateless persons, and other persons of
concern.
The law does not prohibit forced exile, but the Government did not
employ it.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In principle, the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. There were no cases in which asylum was
granted during the year. The Government also has a system for providing
temporary protection to individuals who may not qualify as refugees
under the 1951 convention or the 1967 protocol. There were no such
cases during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
The monarchy is hereditary in the male line. Prince Hans Adam II is
the head of state. Since 2004 Hereditary Prince Alois has taken on 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.--Parliamentary elections,
considered free and fair, were held in 2005. Individuals and parties
could freely declare their candidacy and stand for election.
There were six women in the 25 member parliament and one woman in
the five seat cabinet. There were no known members of minorities in the
Government.
Government Corruption and 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.
A law that entered into force in July prohibits public officials
from requesting or accepting gifts or benefits in connection with their
duties, and places restrictions on public officials engaging in private
commercial activities. The police and the prosecutor's office,
respectively, are responsible for investigating and prosecuting
official corruption. The police have an organizationally independent
special investigative unit for corruption cases. An interdepartmental
working group chaired by the Ministry of Foreign Affairs coordinates
measures to prevent and combat corruption.
Public officials are not subject to comprehensive financial
disclosure laws.
The law requires the Government to inform the public of its
activities, and government information was freely available to all
persons living in the country, including domestic and foreign media.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A few 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.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination on the basis of race, gender,
disability, language, or social status. The law also prohibits public
incitement to violence or public agitation or insult directed against a
race, people, or ethnic group. The Government generally enforced these
prohibitions effectively.
Women.--Rape, including spousal rape, is a criminal offense, and
the Government effectively prosecuted those accused of such crimes.
Spousal rape has the same penalties as rape under other circumstances.
The sentence may be reduced if the victim decides to remain with the
abusive spouse. There were four investigations for rape during the
year; two were closed without charges being brought, and two remained
pending at year's end. Police statistics do not record spousal rape
separately.
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, there were 15 police interventions in cases of domestic
violence during the year. The Government may file charges without a
complaint from the victim. Women and children may seek refuge and
receive counseling at Frauenhaus, a women's shelter.
In August 2007 a new provision of the penal code entered into force
making stalking a criminal offense. On April 1, a new law on victim
protection also entered into force. Under the provisions of this bill,
the Government established centers that provide single-stop financial,
administrative, legal, and psychological assistance to victims of
domestic violence.
Prostitution is illegal; however, police tolerated it in the
country's few nightclubs, as long as it did not cause public offense.
Leading a person into prostitution is punishable by up to six months in
prison, heavy fines, or both, and up to three years in prison if the
victim was under 18. There were no reported arrests or prosecutions
during the year.
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; failing to do so may entail damages to a
victim of up to 40,000 Swiss francs (approximately $33,300). No cases
were reported during the year.
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. Men earned more than women, and
women generally did not receive equal pay for equal work. The labor
contract law and the equal opportunity law contain provisions to combat
gender discrimination in the workplace.
Children.--The Government was committed to children's rights and
welfare and amply funded a system of public education and health care.
There were some reports of abuse of children. The commission for
the coordination of professionals in cases of sexual offenses against
children reported that it was contacted concerning 10 cases of
suspected sexual abuse during the year. Possession of child
pornographic material is a criminal offense. The Code of Criminal
Procedure specifies that children affected by sexual crimes are to be
questioned in a sensitive procedure separate from the suspect.
The Government supported programs to protect the rights of children
and made financial contributions to three NGOs that monitored
children's rights. The Office for Social Services oversaw the
implementation of government supported programs for children and youth.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons and provides for extraterritorial jurisdiction. There were
no reports that persons were trafficked to, from, or within the
country; however, some observers believed that trafficking in women
occurred but was not reported.
Trafficking in persons is punishable by a prison sentence of up to
three years, or up to five years if the trafficker used or threatened
violence. If the victim is a minor or the trafficker belongs to a
criminal organization, uses excessive violence, or jeopardizes the life
of the victim, the sentence may be up to 10 years. No arrests or
prosecutions for trafficking offenses were reported during the year.
The Government's law enforcement, immigration, foreign affairs, and
social welfare authorities, together with the NGO Frauenhaus, have
established a consultation process and referral mechanism for victims
of trafficking.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The 2007 Equal Opportunity Law for
Persons with Disabilities prohibits discrimination against persons with
physical or mental disabilities in employment, education, access to
health care, or in the provision of other state services; the
Government effectively enforced these provisions. The new law mandates
that all public kindergartens and schools as well as public
transportation systems must be accessible to persons with disabilities
within five years. Recently constructed public buildings must become
barrier free within 20 years; older public buildings within a period of
12 years.
National/Racial/Ethnic Minorities.--The Government continued to
monitor right wing groups. In 2003 it established the Commission for
Protection from Violence to analyze and develop strategies against all
forms of violence. Police estimated the number of violent right-wing
extremists, including skinheads, to be not more than 30 to 40. On
September 20, at a public festival in the town of Mauren, a group of
about 20 Swiss and Liechtenstein skinheads carrying stones and sticks
set off a violent confrontation with Turkish visitors. The clashes
ultimately involved several dozen people. The local police intervened
to stop the violence; a police officer and a festival visitor required
emergency medical treatment for injuries sustained in the violence. Ten
right-wing extremists were detained, eight of whom were released from
custody soon thereafter. Two Swiss skinheads were later convicted and
sentenced to seven months' imprisonment, converted to fines of 1,800
Swiss francs (approximately $1,500) and a three year probation period.
According to the prosecutor's office, further investigations were
ongoing on at year's end.
Other Societal Abuses and Discrimination.--A government-contracted
study published in December 2007 found evidence of discrimination based
on sexual orientation.
There also were reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law provides that all workers,
including foreigners, are free to form and join independent unions of
their choice and select their own union representatives, and workers
exercised these rights in practice. The law allows unions to conduct
their activities without government interference, and the Government
protected this right in practice. There was only one trade union, which
represented approximately 3 percent of the workforce. The law does not
prohibit antiunion discrimination, but there were no reports that
antiunion discrimination occurred. The right to strike is not
recognized explicitly in the constitution and labor law. Civil servants
are prohibited from going on strike. No strikes occurred during the
year.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right of workers to organize and bargain collectively.
Approximately 25 percent of workers were covered by collective
bargaining agreements.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
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 years of age;
exceptions may be made for the limited employment of children age 14
and over and for those who leave school after completing nine years of
compulsory education. Children age 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 reports that any
cases were brought under the law during the year.
The Government devoted adequate resources and oversight to child
labor policies, and the Department for Worker Safety of the Office of
the National Economy effectively supervised compliance with the law.
e. Acceptable Conditions of Work.--There is no national minimum
wage. The average daily wage provided a decent standard of living for a
worker and family.
The law sets the maximum workweek at 45 hours for white collar
workers and employees of industrial firms and sales personnel, and 48
hours for other workers. The law provides for a daily mandatory one
hour break and an 11 hour rest period for full time workers; with few
exceptions, Sunday work is not allowed. Pay for overtime is required to
be at least 25 percent higher than the standard rate and overtime is
generally restricted to two hours per day. The average work week
including overtime may not exceed 48 hours over a period of four
months. Thousands of workers commute from neighboring countries daily
and are covered by the same standards.
The law sets occupational health and safety standards, and the
Department for Worker Safety generally enforced these provisions
effectively. The law provides for the right of workers to remove
themselves from work situations that endanger health or safety without
jeopardy to their continued employment, and workers exercised this
right in practice.
__________
LITHUANIA
The Republic of Lithuania, population approximately 3.2 million, is
a constitutional, multiparty, parliamentary democracy; legislative
authority is vested in the unicameral Seimas (parliament). Free and
fair parliamentary elections on October 12 and October 26 led to the
formation of a center right coalition government in December. Civilian
authorities generally maintained effective control of the security
forces.
The Government generally respected the human rights of its
citizens; however, there were problems in a number of areas, including
poor prison conditions, police and government corruption, domestic
violence and child abuse, and trafficking in women and girls. The
number of reports of racial or ethnic violence and intolerance
continued to grow.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
The prosecutor's office continued approximately 80 investigations
involving allegations of crimes against humanity and war crimes,
including 20 related to the Holocaust. Courts found three persons
former Soviet officers guilty of crimes against humanity committed
during the Soviet occupation. They sentenced two of the defendants to
five and eight years in prison and pardoned the third, who was
considered infirm. Prosecutors also forwarded to the courts two cases
involving former Soviet military officers charged in connection with
the deportation of individuals to Siberia during the Soviet occupation.
One case involved the deportation of 15 individuals, the other of 37.
From January through September, the prosecutor's office initiated seven
additional investigations of possible crimes against humanity.
On July 4, the Court of Appeals upheld a lower court ruling that
kept Nazi collaborator Algimantas Mykolas Dailide out of prison and
declared him not dangerous to society. The Government brought criminal
charges against Dailide in 2005, alleging collaboration with the Nazis
and persecution of Jews. In 2006 the Vilnius District Court convicted
him of crimes against Jews during the World War II Nazi occupation but
did not impose a sentence due to the 85 year old convict's age and
infirmity.
On September 19, the prosecutor's office terminated its
investigation of Yitzhak Arad for what it characterized as possible
crimes against humanity while an anti Nazi partisan in Lithuania and
Belarus during World War II. Arad is a former director of the Israeli
Holocaust Remembrance Authority, Yad Vashem. Prosecutors had sought to
question Arad about the killing of Lithuanian partisans and civilians.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits inhuman or degrading treatment
or punishment; however, there were reports that police physically
mistreated detainees.
During the year the human rights ombudsman's office received five
complaints that officials used force and psychological pressure to
obtain evidence in an investigation. Two complaints were found
groundless, two were terminated because pretrial investigations were
initiated, and one remained under investigation in January 2009. The
ombudsman's office received four complaints in 2007.
Military police opened 10 cases related to military hazing during
the year, compared with 17 in 2007. They forwarded six of the 10 to the
courts, terminated two due to lack of evidence, and continued to
investigate the other two. Most reports of hazing alleged that draftees
physically abused each other or subjected each other to psychological
pressure.
Prison and Detention Center Conditions.--Domestic human rights
advocates reported that prison conditions remained poor, although
government measures to upgrade prisons brought them closer to meeting
international standards.
During the year the parliamentary ombudsman received 309 prisoner
complaints, compared to 317 in 2007. Most related to the failure of
prison administrators to give proper attention to prisoners'
grievances, which included poor prison conditions; mistreatment by
prison department personnel; restrictions on prisoners' rights, e.g. by
censoring their correspondence or failing to allow family visitors;
inadequate medical services; and poor working conditions. The
ombudsman's investigators found 46 complaints to be justified, while
the others were outside the ombudsman's purview. The ombudsman received
seven complaints during the year alleging that working inmates were
paid less than they were supposed to be paid. The ombudsman found two
of these complaints to be justified. One complaint was under
investigation at year's end.
In 2006 the European Court of Human Rights (ECHR) ruled that
officials' monitoring of a Siauliai prison inmate's correspondence with
his wife was inappropriate and that the country should amend its
regulations on monitoring inmate correspondence.
Through September, 22 prison and detention center inmates died,
compared with 30 in 2007. According to authorities five deaths were
suicides, 16 were due to natural causes, and one was accidental. In the
same period, 40 inmates were injured by other inmates, compared to 34
in 2007. Reported self-inflicted injuries numbered 149 compared to 94
in 2007.
The Government renovated the Vilnius prison hospital and six other
facilities. However, three correctional institutions remained
overcrowded. For example, the facility in Siauliai had a capacity of
408 inmates after a recent remodeling, but held 525.
The Government permitted independent human rights observers and
researchers to visit prisons. The parliament's office of the ombudsman
made eight visits to prisons. Media representatives also visited
prisons. The International Committee of the Red Cross did not visit any
prisons in the country.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions. Nevertheless, there were complaints of illegally
prolonged pretrial detention.
Role of the Police and Security Apparatus.--A unified national
police force is responsible for law enforcement and operates under the
authority of the Ministry of the Interior. Police officers and other
government officials who exceed their official authority are subject to
prosecution or punishment. The State Security Department is responsible
for internal security, intelligence operations, and investigation of
some economic crimes. It reports to parliament and the president.
Corruption in the police force remained a problem. There is a broad
legal and institutional anticorruption framework and a system for
investigating public corruption; however, media, nongovernmental
organizations (NGOs), and public opinion polls indicated that
corruption was a lingering problem.
In the first nine months of the year, 11 police officers were
accused of abuse of power, compared with 18 in all of 2007. The
ombudsman investigated 146 complaints about police activities, compared
to 226 in 2007, and determined 51 to be valid, compared to 75 in 2007.
In all cases where complaints were found to be valid, authorities
disciplined the police officers involved. In most cases police officers
faced administrative disciplinary actions, such as demotion or
reprimand.
On July 15, the ECHR agreed to hear the appeal of Danuta Iljina and
her daughter, Evelina Saruliene, who contended that in 2004 police
violated their dignity with unnecessary physical force, requiring
Iljina to undress in front of neighbors and strangers. Police had
suspected them of theft. They sought compensation of over one million
litas (approximately $415,000) for family members' health treatment,
travel expenses, lawyer fees, and pain and suffering.
Arrest and Detention.--Warrants are required for arrest and must be
granted by judges upon the presentation of reliable evidence of
criminal activity. Police may detain suspects for up to 48 hours before
charging them. There were no complaints of failure to inform detainees
of the charges against them. Bail was available and was used widely.
The law provides the right to an attorney from the moment of detention
and, if the detainee is indigent, to one provided at state expense;
however, this right was not always respected in practice. The law
entitles a detained person to a prompt judicial determination of the
legality of the detention, and authorities respected this right in
practice.
Judges may only order pretrial detention to prevent flight or the
commission of new crimes, to allow unhindered investigation, or to
comply with extradition requests. They may do so, however, only in the
case of an individual suspected of a felony. The pretrial judge may
order a suspect's detention for up to three months. In some cases the
detention may be extended to 18 months (12 months for juveniles),
subject to appeal to a higher court; such extensions were frequent. The
law provides for civil liability for damage caused by the unlawful
actions of investigating officials, prosecutors, judges, and courts.
During the year the average length of pretrial detention was
approximately seven months, and approximately 10 percent of the
incarcerated population consisted of pretrial detainees.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government respected this provision in
practice.
Trial Procedures.--Defendants enjoy the presumption of innocence.
The law provides for public trials; juries are not used. While
defendants have the right to be present, the law permits trials in
absentia when a defendant is outside the country and avoids trial. The
law establishes the right to legal counsel for defendants upon arrest.
It provides for legal assistance for indigent persons; however, as of
September 30, the human rights ombudsman had received 47 complaints
that authorities failed to provide such counsel. Defendants have access
to government evidence and the right to present evidence and witnesses
and confront or question witnesses against them. Defendants have the
right to appeal. The law extends these rights to all citizens. Local
human rights experts criticized the practice of holding trials in
absentia because defendants could not cross examine witnesses or
present evidence in their own defense.
In February the ECHR ruled that the country's courts had not
violated the European Convention on Human Rights by convicting three
Communist Party officials in 1998 of attempting a coup d'etat in 1991.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The judicial system
provides for an independent and impartial judiciary in civil matters.
Plaintiffs may sue for legal or injunctive relief based on human rights
violations. Apart from redress in the court system, victims of human
rights abuses may appeal to the parliamentary ombudsman for a
determination on the merits of their claims. Although the ombudsman may
only make recommendations to the offending institution, his findings
are commonly honored in practice.
Property Restitution.--The law on restitution places significant
restrictions on claims for communal property, and as a result the
Jewish community has regained only a fraction of the communal property
owned by the country's prewar Jewish population of more than 200,000.
Fewer than 30 properties have been restituted to the Jewish community
under the law, which applies only to the restitution of religious
properties.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits arbitrary interference in
an individual's personal correspondence or private and family life;
however, there were reports that the Government did not respect these
prohibitions in practice.
The law requires a judge's authorization to search an individual's
premises and prohibits indiscriminate monitoring of the correspondence
or communications of citizens. However, local human rights groups
alleged that the Government did not properly enforce these laws. In the
first nine months of the year, the State Data Protection Inspectorate
investigated 97 allegations of arbitrary interference by officials with
privacy, compared to 129 investigated complaints in 2007. The
inspectorate also conducted 102 audits of government agencies,
unrelated to complaints, compared with 97 such audits in 2007. Most
complaints involved claims by individuals that government agencies were
collecting or using their personal data, such as personal identity
numbers, without a legal basis or justification.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice.
On June 17, parliament amended the Administrative Law to ban the
distribution or display in public gatherings of Soviet or Nazi related
symbols. On September 4, a court fined a woman in Vilnius 500 litas
(approximately $207) for selling souvenirs containing Soviet symbols.
Instigating hate through the mass media is a crime punishable by up
to two years' imprisonment. The number of hate speech investigations
opened by prosecutors continued to increase. During the year the
prosecutor's office opened investigations involving 99 allegations of
instigation of hate (including over the Internet), and one for
discrimination, compared to 37 in 2007. It forwarded 25 cases to the
courts for trial. Courts completed 15 of these and convicted 12
persons, imposing fines of 400 to 3,000 litas (approximately $166 to
$1,244). Sixteen of the 99 investigations were terminated for lack of
evidence; the remaining 83 investigations and eight court cases
(including some from previous years) were ongoing. Most of the hate
allegations related to racist, anti-Semitic, or homophobic expression.
The deputy prosecutor general, Gintaras Jasaitis, ascribed the increase
in incidents to the spread of the Internet, which facilitated
widespread, anonymous publishing.
On July 23, Vilnius Mayor Juozas Imbrasas stated that as long as he
was mayor, ``there will be no (public) advertising for sexual
minorities.'' On August 20, the Vilnius municipality refused to issue a
permit that would have allowed the European Commission's mobile
display, ``For Diversity. Against Discrimination,'' advocating
tolerance for all, including gays, to hold an event at the Old City
Hall Square. The event was held instead in the less centrally located
private parking lot of a shopping center. After a permit was withheld
for a similar event in 2007, the equal opportunities ombudsman opened
an investigation to determine if the municipality acted legally by
cancelling the prodiversity event; however, the ombudsman later
terminated the investigation due to a lack of information. NGOs,
European Commission officials, and some government officials criticized
the withholding of the permit.
Individuals could criticize the Government publicly or privately
without reprisal, and the Government did not attempt to impede
criticism. The independent media were active and expressed a wide
variety of views. Radio and television included a mix of independent
and public stations. International media generally operated without
restriction.
On September 22, the Vilnius Regional Administrative Court upheld a
2007 decision of the Lithuanian Radio and Television Commission that
fined the director of the music television channel MTV Lithuania 3,000
litas (approximately $1,244) for broadcasting the cartoon series
Popetown, which satirizes the Roman Catholic Church and the Pope and
was broadcast in the early evening when children could view it. The
commission's decision followed a report by the Inspector of
Journalistic Ethics, which concluded that the series also instigated
religious hate; however, the commission based its fine on the narrower
grounds of inappropriateness for children.
The law prohibits the dissemination of 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 dissemination of libelous material through the mass media. No
cases were reported during the year.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e mail or
Internet chat rooms. Individuals and groups could generally engage in
the peaceful expression of views via the Internet, including by e mail;
however, persons were subject to criminal prosecution for posting to
Web sites material that authorities deemed as instigating hate.
According to the Department of Statistics, 47 percent of the
country's residents between the ages of 16 and 74 had access to the
Internet in the first quarter of the year, up from 40 percent in the
same period in 2007.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law and constitution provide for the right to assemble
peacefully, and the Government generally respected this right in
practice for most groups; however, the Government denied parade permits
to gay rights groups on several occasions during the year.
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 former Soviet regime.
c. Freedom of Religion.--The constitution and the law provide for
the free practice of religion, and the Government generally respected
this right in practice. There is no state religion; however, some
religious groups enjoyed special government benefits. There were no
reports that less favored groups were prevented from worshiping or
seeking members.
On July 15, parliament granted the Seventh day Adventists the
status of a state recognized religious association, which gives them,
among other benefits, the right to offer religious instruction in the
public schools to students who wish to receive it. Applications for the
same status from the United Methodist Church of Lithuania (applied in
2001), the New Apostolic Church (applied in 2003), and the Pentecostals
(Evangelical Belief Christian Union, applied in 2002) were pending.
The law stipulates that only traditional and other state recognized
religions may offer religious instruction in public educational
institutions. Participation in religious classes is not mandatory;
parents may choose either religious instruction or secular ethics
classes for their children.
On June 17, parliament approved amendments to the Law on Equal
Rights, which added prohibitions against discrimination based on
ethnicity, religion, sexual orientation, age, and disability to the
already existing prohibitions of discrimination based on gender, race,
nationality, language, origin, social status, beliefs, or creed.
However, these prohibitions do not apply to schools established by
religious groups, which may, for example, hire teachers only of that
religion.
On September 22, the Vilnius Regional Administrative Court upheld a
2007 decision of the Lithuanian Radio and Television Commission to fine
the director of the music television channel MTV Lithuania 3,000 litas
(approximately $1,244) for broadcasting the cartoon series Popetown,
which satirizes the Roman Catholic Church and the Pope, in the early
evening when children could view it. The commission's decision followed
a report by the Inspector of Journalistic Ethics that concluded that
the series instigated religious hatred as well as that it was
inappropriate for young children; however the commission based its fine
on the narrower grounds of inappropriateness for children.
During the year construction was completed of a residential and
commercial complex located on or near the site of a historic Jewish
cemetery in Vilnius. Negotiations between the Government and Jewish
groups continued over the correct historical perimeter of the cemetery,
how to treat the portion that has not been built upon, and how to
memorialize the location.
Societal Abuses and Discrimination.--Anti Semitism was manifested
in a number of acts of vandalism against Jewish graves and monuments,
displays of neo Nazi sentiment, and public anti Semitic comments.
In the first 10 months of the year, at least 12 anti Semitic
incidents were reported. Senior officials condemned, although not
always promptly, such incidents, and police were active in
investigating them. On June 17, a Vilnius court fined two persons 1,300
litas (approximately $539) each and one person 2,990 litas
(approximately $1,249) for taking part in an unsanctioned skinhead
march on March 11, during which participants shouted anti Semitic and
anti Russian slogans. Investigations of other participants were
continuing.
On August 10, the Jewish community center in Vilnius and the Jewish
community center in Panevezys were vandalized with anti Semitic symbols
and language. Police immediately began an investigation, which
continued at year's end.
On October 16, a forest ranger in the Kelme Region, near the
village of Pluskiai, reported that vandals broke stones and painted
anti Semitic graffiti on a Holocaust Memorial. An investigation of the
incident continued.
Police investigations did not identify any suspects in the March
2007 vandalism of 12 headstones in the Suderve Jewish cemetery in
Vilnius, the vandalism of the Jewish cemetery in Rokiskis region, or
the 2006 incident in which persons in Nazi style uniforms yelled pro
Hitler and anti Semitic slogans while riding past a synagogue.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened.
Asylum seekers coming from a safe country of transit were
prohibited from entering the country and were returned to the transit
country without a review of the substantive merits of their
applications. According to the Migration Department, authorities did
not have a list of safe third 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 UN
refugee convention and its 1967 protocol, and from which the individual
would not be sent to another country in contravention of his rights
under these agreements.
The Government can grant ``temporary protection'' in the event of
mass influx of aliens, but an individual alien has no right to apply
for this protection. No persons were granted temporary protection
during the year. An additional form of protection, ``subsidiary
protection,'' may be granted to an individual alien who does not
qualify as a refugee but who cannot return to his country of origin
because of fear of torture or inhuman treatment, prevailing violence or
military conflict, or systematic violation of human rights in that
country would endanger his basic rights or fundamental freedoms.
Between 1997 and 2007 more than 500 persons were granted subsidiary
protection.
Stateless Persons.--Citizenship law incorporates both territorial
(jus soli) and kinship (jus sanguinis) elements, with the emphasis on
the former. According to UNHCR statistics, in 2005 there were
approximately 8,700 stateless persons, of whom 7,500 had permanent
residence permits. In 2007 the number of stateless persons was
approximately 5,900, of whom 4,100 held permanent residence permits.
Virtually all of the stateless persons were individuals who resided
in the country at the dissolution of the Soviet Union but did not
qualify for automatic citizenship; however, according to the director
of the Lithuanian Migration Department, they were entitled to apply for
citizenship but did not do so.
The law permits the naturalization of an individual living in the
country for at least 10 years who has an unlimited residence permit,
passes an official language test and an examination on the basic
provisions of the constitution, takes an oath of allegiance, and is
able to defray his living costs.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
Elections and Political Participation.--Parliamentary elections,
held in October, were free and fair. Several complaints about
irregularities, mostly alleging minor infractions, were filed after the
elections, and some of those cases remained under investigation at
year's end, while others had been dismissed.
The Government continued to ban the Communist Party; other
political parties could operate without restriction or outside
interference.
In February 2007 the Constitutional Court announced that the Law on
Municipal Elections, which allowed election to municipal councils only
by party lists, contradicted the constitution. The decision did not
affect the February 2007 municipal elections, but it obliged parliament
to prepare a law that would allow citizens not on party lists to run
for municipal councils. Parliament did not pass such a law during the
year.
At year's end there were 26 women in the 141 seat parliament and
one woman in the 14 member Council of Ministers. Women accounted for 5
percent of mayors, 21 percent of municipal council members, and 5
percent of local administration directors.
There were three members of ethnic minorities in parliament and no
members of ethnic minorities in the Council of Ministers.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government often did
not implement the law effectively, and corruption was a problem.
Although some officials were convicted and punished for corruption, the
penalties were usually minor, and many investigations did not result in
convictions. The World Bank's worldwide governance indicators reflected
that corruption was a problem.
A number of government officials were under investigation, facing
trial, or convicted and sentenced, for corruption during the year. For
example, in February the Special Investigation Service began an
investigation of the mayor, deputy mayor, and the head of
administration of the Trakai municipality. They were suspected of
receiving bribes of 200,000 litas (approximately $82,900) in connection
with the development of a shopping and entertainment center. The
officials were dismissed from their posts pending the outcome of
investigation.
On March 20, Vilnius city council member and former mayor Arturas
Zuokas was convicted of attempting to bribe a city council member prior
to a no confidence vote in 2003. The court's decision forced him to
resign from the city council. Zuokas has appealed.
On March 31, parliamentary speaker Viktoras Muntianas resigned amid
allegations that he bribed a deputy governor of Kaunas County to obtain
assistance with a relative's business. An investigation was underway at
year's end. The deputy governor also resigned, on March 26, and was
subsequently sentenced to six months' house arrest.
On April 24, a deputy mayor of Vilnius and two other city council
members were questioned by the Special Investigations Service on
corruption charges. The investigation was ongoing at year's end.
Political developments initially halted a court case against Viktor
Uspaskich, leader of the Labor Party, who faced charges of fraudulent
accounting for party funds and providing false information to election
commission officials. In 2006, when the allegations were initially
made, Uspaskich sought asylum in Russia, but in September 2007 he
returned and was under house arrest until April 2008. In October
Uspaskich was elected to parliament, giving him immunity from
prosecution. On November 27, the prosecutor general asked parliament to
waive immunity for Uspaskich, another parliamentarian implicated in the
same case, and a third man who faced charges in an unrelated matter,
and on December 9, parliament waived the immunity of all three men.
The law provides for public access to government information, and
government institutions generally provided access in practice. From
January through September, the parliamentary ombudsman received 70
complaints of delays by government offices in providing information and
found 47 of them to be valid. The ombudsman asked heads of institutions
and other unit supervisors to consider disciplinary action against the
officials involved. Although the ombudsman's recommendations are not
binding, in the first nine months of the year officials took
disciplinary action in over 90 percent of complaints forwarded to them
by the ombudsman.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits and provides penalties for discrimination based
on race, gender, social status, ethnic background, age, sexual
orientation, disability, and religion or beliefs. Despite government
programs and prohibitions, discrimination against women and minorities
persisted.
Women.--The law criminalizes rape, including spousal rape.
Convicted rapists generally received sentences of three to five years'
imprisonment. In the first nine months of the year, 102 rapes were
reported compared to a twelve-month total of 189 in 2007. Societal
violence against women, particularly alcohol related domestic violence,
remained a serious problem.
The law does not criminalize domestic violence specifically, but
instead prosecutes it under general assault laws. To initiate an
investigation into cases of domestic abuse, the victim must file a
complaint. The maximum penalty the courts imposed was two years'
imprisonment. According to the Ministry of Social Affairs, police
reported receiving 33 calls regarding household conflicts in 2007.
Slightly more than half the reports had come from women. The Interior
Ministry estimated that 514 women suffered from domestic violence in
2007, including 418 inflicted by a partner and 96 from violence by
children.
In August 2007 a video recording of a man beating a woman appeared
on a popular Web site. Police opened an investigation and located the
victim, but she declined to testify. The man was sentenced to one year
in prison; however, the sentence was suspended.
Municipal governments and NGOs funded and operated 39 shelters that
provided assistance to domestic violence victims. As of the end of
September, the Vilnius based Shelter for Children and Mothers provided
assistance to more than 160 victims of domestic violence, forced
prostitution, and human trafficking.
On June 3, parliament approved amendments to the Civil Code that
require the offender, as opposed to the victim, to leave the family
domicile in cases of domestic violence.
Prostitution is illegal but remained a problem. The penalty is a
fine of 300 to 500 litas (approximately $124 to $207) for a single
offense and up to 1,000 litas ($415) for repeat offenses. In the first
eight months of the year, police charged 72 women with administrative
violations for prostitution.
The law prohibits sexual harassment. According to the Equal
Opportunities Ombudsman's Office, approximately 20 percent of women
experienced sexual harassment. In the first eleven months of the year
the equal opportunity ombudsman received one complaint of sexual
harassment, as had been the case in 2007. According to the ombudsman's
office, women remained reluctant to approach police or other
institutions in cases of sexual harassment.
Men and women have the same legal rights in the judicial system,
including family and property law. Women nevertheless continued to face
discrimination. Government policy requires equal pay for equal work;
however, women often earned less than their male counterparts. In 2007
women earned an average of 80 percent of what men earned in comparable
jobs; the figure was 78 percent in the public sector. Women were
significantly underrepresented at the managerial level.
During the year, as part of the National Strategy for Reduction of
Domestic Violence Against Women for 2007 09, the Government continued
funding prevention, education, and victim assistance programs. Most
programs were implemented by NGOs financed by the Government and
European Union (EU) structural funds. The Government operated a mobile
information center to educate persons about domestic violence.
Children.--The Government was committed to children's rights and
welfare.
Child abuse, particularly in connection with parental alcohol
abuse, continued to be a problem. According to the Department of
Statistics, in 2007 approximately 36,500 children lived in 16,400
abusive or dysfunctional families. Media sources reported that
incidents of cruelty to children, including sexual abuse, intentional
starvation, beatings, and killings, were common. Authorities reported
that child abuse caused the death of five children between January and
September. The children's rights ombudsman reported 245 complaints
during the same period, compared to 387 in all of 2007, and 316 in
2006; authorities initiated 199 investigations, compared to 147 in
2007.
The penalty for violence or cruelty against minors is a one to two
year prison sentence. In addition, authorities may remove abused
children from their families and place them in foster care. Despite
efforts to combat child abuse and to aid abused children, the ombudsman
reported that insufficient assistance was provided.
There are 113 orphanages and 35 foster homes. Orphanages still
house the vast majority of orphans and other children in need of care.
In the first eight months of the year, the children's rights ombudsman
initiated 12 investigations of possible violations of children's rights
in orphanages. No complaints were received about foster homes.
The law provides for up to 13 years' imprisonment for sexual abuse
of a child; however, sexual abuse of children remained a problem. By
September 1, the Interior Ministry had registered 41 cases of child
sexual abuse (excluding child rape), compared to 49 cases in all of
2007. The Government operated a children's rehabilitation center to
provide special care for sexually abused children.
In 2007 the Child Line (a children's hot line) received more than
70,000 telephone calls and 2,000 letters from children who complained
about problems ranging from relations with their parents and friends to
violence in their families and sexual abuse.
Between January and September 1, the controller for the protection
of children's rights received eight complaints regarding sexual
exploitation of a child. In six cases the victims were transferred to
law enforcement institutions. Two investigations were cancelled because
the crime was committed by a minor (up to 14 years old) and four were
ongoing as of December 1. In 2007 the controller investigated seven
cases of reported sexual exploitation of a child; he determined that
four of them were groundless. Three cases resulted in further
investigation.
In September parliament adopted a law on the monitoring and care of
children that created monitoring groups in schools to prevent violence
and the exploitation of children. In 2007 authorities established 556
new social worker positions throughout the country to strengthen social
protection for children most vulnerable to trafficking or sexual abuse.
Several thousand children reportedly lived on the street. Sixty
regional government children's rights protection agencies, other
institutions, and numerous NGOs routinely assisted these children.
Street children, who are mostly runaways or from dysfunctional
families, had full access to free government sponsored services.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that women and girls were
trafficked to, in, through, and from the country.
Women were trafficked within the country and to the United Kingdom,
Germany, Spain, Italy, Denmark, Norway, and the Netherlands. The
country was a transit point for women trafficked from Belarus, Russia,
and Ukraine.
Traffickers targeted the most vulnerable social groups,
particularly young women from poor or unstable families. Traffickers
commonly targeted young women from boarding schools that also served as
orphanages. Many were lured by deceptive offers of employment as
household helpers, bar dancers, nannies, nurses, models, or waitresses
or through false marriage advertisements. In many cases close relatives
or friends made the offers. Victims' compliance was ensured through
threats and the withholding of their personal documents. Families often
were unaware of the victims' predicament and believed that they had
been kidnapped.
Police reported that nearly half of traffickers were linked to
organized crime, including international groups.
The law provides penalties for trafficking in persons of two to 12
years' imprisonment and for trafficking in children (minors or
juveniles) of two to 15 years' imprisonment. During the year the
Government opened 11 criminal trafficking cases and referred six of
these to the criminal court system. Three prosecutions ended in
convictions, with eight persons sentenced to prison terms ranging from
21 months to eight years.
Authorities cooperated with other European governments on several
trafficking cases. In the first eleven months of the year, police
identified 18 persons, including two minors, as victims of trafficking;
investigations in other cases continued. In 2006 the International
Organization for Migration established a database with information from
some key NGOs on assisted trafficking victims in the country. As of
December 1, 35 women, including two juveniles, had been added to this
database, compared to 54 women in 2007. NGOs maintained that many
additional victims remained unidentified.
The ministries of Interior, Justice, Social Security and Labor, and
Education and Science, the police department, the State Border Guard
Service, the general prosecutor's office, and the National Courts
Administration are responsible for enforcement of trafficking laws. On
March 30, the Government appointed an undersecretary level official at
the Interior Ministry to coordinate government wide antitrafficking
activities.
Police cooperate regularly with their British, German, and
Scandinavian counterparts on trafficking in persons. No persons were
extradited from the country on trafficking offenses during the year.
During the year prosecutors investigated nine suspects in an
organized crime gang charged with transporting nearly 100 young women
to the United Kingdom. Charges were brought against seven suspects. On
December 10, the Siauliai Regional Court sentenced the head of one
modeling agency, Jolanta Razmiene, to five years in prison for selling
11 young women. Four other defendants received shorter prison terms,
but all of them were sentenced to at least 21 months in jail. The
sentences also required the traffickers to pay 50,000 litas
(approximately $20,000) to 10 of the victims (the remaining victim
would not take any money). Charges against one suspect were dropped
because he testified against the others. One suspect was acquitted, but
the prosecutor appealed the decision. Those convicted also appealed.
In 2005 police arrested five employees of modeling agencies on
allegations that the agencies were fronts for human trafficking to
Western Europe and the United Arab Emirates. On November 10, the
Vilnius District Court sentenced one women to 36 months in prison. Two
other women were fined 37,500 litas (approximately $15,547) and 31,250
litas (approximately $12,955).
The Government partially funded 15 day-centers that assisted
various groups at risk, including trafficking victims. It also provided
grants to 13 NGOs that offered trafficking victims assistance or
temporary shelter. During the year authorities implemented formal
screening and referral procedures for trafficking victims.
The Government continued implementing a prevention campaign that
included seminars, posters, television and radio public service
announcements, videos for schools, and antitrafficking brochures.
Authorities also assisted NGOs and international organizations with
prevention programs.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or the provision of other state services. During the year
the equal opportunities ombudsman investigated eight cases of alleged
discrimination against persons with disabilities. The law mandates
access to buildings for persons with disabilities; however, the
Government generally did not enforce this provision in practice.
Individuals involuntarily declared incapacitated have no right to
appeal the decision in court.
The Ministry of Social Affairs and Labor and the Lithuanian Council
for the Affairs of the Disabled are the two primary governmental
organizations with responsibility 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.
National/Racial/Ethnic Minorities.--The law prohibits
discrimination against ethnic or national minorities; however,
intolerance and societal discrimination persisted. Minority ethnic
groups, including Russians, Poles, Belarusians, Ukrainians, Tatars, and
Karaites, constituted approximately 16.5 percent of the population.
Reports of racial or ethnic violence and intolerance continued to
increase during the year. Between January and September, the
prosecutor's office initiated 84 investigations related to
discrimination or incitement to racial or ethnic hatred, compared to 37
in 2007 and 17 in 2006.
For example, on April 9, in Vilnius, a group of young persons
attacked a popular singer, Berneen, a South African of Indian descent.
On April 28, a drunken stranger verbally assaulted two black athletes
in Kaunas. On May 2, posters with the slogan ``no to the culture of
black people'' were displayed in a park in Klaipeda city. Investigation
of all three incidents continued at year's end.
Investigations continued into a number of incidents that occurred
in 2007, including: assaults on several foreign students, among them
two Africans, of the Lithuanian Christian College in Klaipeda; a fight
between Lithuanian and Nigerian youths in May and an attack on a man
from Ghana two days later, both in Vilnius; an August attack on an
Italian exchange student by assailants who apparently thought he was a
Muslim; and the December death in Vilnius of a former Somali student at
Kaunas Medical University after he was beaten in October, allegedly
because he spoke on television about racial violence he had experienced
in the country.
The small Romani community (approximately 3,000 persons) continued
to experience problems; including discrimination in access to
education, housing, healthcare and other services; in employment (an
unemployment rate of 50 percent); and in contacts with police, although
there were no official charges of police abuse. 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 26, following appeals, the
Supreme Administrative Court returned a case involving Romani housing
in Vilnius to the Vilnius regional court for further investigation. The
regional court had awarded 100,000 litas (approximately $41,457) to
Romani neighborhood inhabitants for residential and nonresidential
housing torn down in 2004 but rejected their 5.6 million litas
(approximately $2.3 million) claim for compensation for the value of
the buildings themselves. Both the city and the Roma community appealed
the parts of the decision that went against them. The case was pending
at year's end.
A study by the EU Agency for Fundamental Rights concluded in August
2007 that responses to cases of ethnic discrimination registered in the
country were ineffective and that insufficient attention was given to
the problem. According to the research, the law provides possibilities
to complain about ethnic discrimination; however, the sanctions usually
applied in such cases were insufficient, and victims received
insufficient or no compensation. The Government was revising its
National Anti Discrimination Program to address increased levels of
discrimination.
Other Societal Abuses and Discrimination.--Local human rights
organizations and members of the gay community reported that physical
abuse on the street, discrimination, and persistent social exclusion of
homosexuals were problems.
In July the Government paid 40,000 euros (approximately $56,000) to
a transsexual woman after the ECHR ruled in September 2007 that
authorities had violated her privacy rights. The ruling also ordered
the state to pass a sex change law within three months of its ruling;
however, no such law was passed.
In the first eight months of the year, the equal opportunity
ombudsman investigated 12 cases of age discrimination, compared to 17
in all of 2007. Most complaints concerned discrimination in obtaining
insurance, loans, or leases.
There were no reports of discrimination against persons with HIV/
AIDs.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers, including
members of the police and armed forces, to form and join independent
unions of their choice, and workers exercised this right in practice.
Unions represented approximately 10 percent of the workforce.
To register, unions must have at least 30 founding members in large
enterprises or a membership of one fifth of all employees in small
enterprises.
The law provides that trade unions shall be freely established and
function independently. While the law authorizes unions to conduct
their activities without interference, the Government only partly
protected this right in practice. Employers sometimes discriminated
against union members.
b. The Right to Organize and Bargain Collectively.--The law
protects collective bargaining for all workers except government
employees involved in law enforcement and other security related work.
The Lithuanian Tripartite Council, consisting of representatives from
labor, business, and government, estimated that between 5 and 25
percent of workers were covered under collective bargaining agreements.
The law provides for the right to strike, except for workers in
essential services; however, labor code procedures made it difficult
for some to exercise this right. The law provides that only a union or
a union's strike committee may call a strike; leaving nonunion
employees unable to strike legally. According to the Department of
Statistics, there were 111 legal strikes during the year. For example,
on March 3, teachers at approximately 200 schools and kindergartens
went on strike as the teachers union demanded a 50 percent pay raise.
The strike ended when the Government and teachers agreed to a 35
percent raise in two increments. On October 7, employees of higher
educational institutions went on strike, demanding a pay raise. The
average length of a strike was 6.65 workdays.
The law prohibits employer discrimination against union organizers
and members; however, this prohibition was often ineffective in
practice, and there were instances when employees were punished for
attempting to organize. According to the International Trade Union
Confederation, no employer has ever faced the penal sanctions foreseen
by law for antiunion discrimination. Some large retail stores hired
short term contract labor and sometimes did not renew contracts of
union members.
Managers often determined wages without regard to union
preferences, except in large factories with well organized unions. The
Government periodically issued guidelines for state enterprise
management in setting wage scales.
There are no special laws or exemptions from regular labor laws in
export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that women and children were trafficked for commercial sexual
exploitation. Trafficked women and girls in forced prostitution worked
on streets, in illegal brothels, or as call girls.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits exploitation of children in the workplace, and the
Government generally enforced these prohibitions effectively.
Statistics from 2007 indicated that 8 percent of children working did
so illegally, mostly in the agricultural sector, where children
sometimes received unlawfully low compensation. There were reports that
children 15 to 17 years old were trafficked for commercial sexual
exploitation.
The law sets the minimum employment age at 16, but allows
employment of 14 year olds 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. Authorities generally enforced these laws.
According to a few media reports, a number of school age children
performed farm fieldwork without contracts and received very little or
no payment for their work; however, no official complaints were filed
concerning such practices.
The State Labor Inspectorate is responsible for receiving
complaints related to employment of persons under 18. In the first
eight months of the year, the inspectorate received five complaints of
illegal child labor and determined one of them to be valid. Courts
initiated an investigation of this case.
The ministries of Social Security and Labor, Education and Science,
Health, and the Interior administered programs to protect children's
rights.
e. Acceptable Conditions of Work.--The legal minimum wage of 800
litas (approximately $332) per month did not provide a decent standard
of living for a worker and family. The minimum wage is set by the
Government with the involvement of the Tripartite Council and is based
on social and economic indicators.
The law provides that the maximum time worked in any seven day
period, including overtime, may not exceed 48 hours. Overtime is
allowed only in cases stipulated by law, and both overtime and night
work must be compensated by at least 1.5 times the hourly wage. The
labor laws apply to both local and foreign workers.
The State Labor Inspectorate is responsible for implementing labor
laws. In the first seven months of the year it conducted approximately
9,000 inspections of companies. The most numerous abuses involved wage
arrears, illegal employment, violation of labor contracts, faulty
accounting for time off and hours worked, worker safety, and
unsatisfactory investigation of accidents. Workers dissatisfied with
the result of an investigation could appeal to the court system.
The law provides that workers have the right to safe and healthy
working conditions, and this was generally enforced. During the year,
the state labor inspection service recorded 82 fatal accidents at work,
compared to 99 in 2007. These occurred mostly in construction work. To
address this, the state labor inspection service provided training,
various prevention materials, and best practice examples to
construction companies. Workers have the legal right to remove
themselves from dangerous work environments without jeopardizing their
continued employment and did so in practice.
__________
LUXEMBOURG
The Grand Duchy of Luxembourg, with a population of approximately
480,000, is a constitutional monarchy with a democratic, parliamentary
form of government. The role of the grand duke is mainly ceremonial and
administrative. Legislative authority is vested in the unicameral
Chamber of Deputies. The prime minister is the leader of the dominant
party in the popularly elected parliament. In 2004 generally free and
fair parliamentary elections took place. Civilian authorities generally
maintained effective control of the security forces.
The Government generally respected the human rights of its
citizens, and the law and judiciary provided effective means of dealing
with individual instances of abuse. Some prison overcrowding, domestic
violence, and child abuse were reported, as were cases of human
trafficking.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.
Prison and Detection Center Conditions.--Prison conditions
generally met international standards, and the Government permitted
visits by independent human rights observers, although no visits were
reported during the year. Overcrowding in the Schrassig prison remained
a problem. Legislation adopted in 2007 appropriated funding for the
construction of a new detention center for refused asylum seekers to
relieve prison overcrowding. (Refused asylum seekers are imprisoned if
they fail to depart voluntarily within a specified time period. They
may be imprisoned for a maximum of four months while arrangements are
made to deport them.) Although the legislation identified the site for
this center, construction did not commence 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.--Civilian authorities
maintained effective control over the Grand Ducal Police and the
judiciary police, and the Government has effective mechanisms to
investigate and punish abuse and corruption. There were no reports of
impunity involving the security forces during the year.
Arrest and Detention.--Warrants issued by a duly authorized
official are required for arrests in most cases. Within 24 hours of
arrest the police must inform detainees of charges against them and
bring them before a judge for determination of the legality of the
detention. There is a functioning bail system, which judges freely
employ. Detainees are given immediate access to an attorney, at
government expense for indigents. Detainees are 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.
Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Trials are public except for those involving sexual or child abuse.
There are no jury trials. Defendants have the right to be present and
to consult with an attorney in a timely manner. Defendants may confront
or question witnesses against them or present witnesses and evidence on
their behalf. Defendants and their attorneys have access to government-
held evidence relevant to their cases. Defendants enjoy a presumption
of innocence and have the right of appeal.
A legal basis exists for the establishment of religious and
military courts on an ad hoc basis, but no such action has occurred in
the last sixty years.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The magistrate courts
serve as an independent and impartial judiciary in civil and commercial
matters and provide access to individuals who bring lawsuits seeking
damages for, or cessation of, a human rights violation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights. 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. A majority
of the population had connections to the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right.
There is no state religion, but the Government paid the salaries
and pensions of clergy of those religious groups that have signed
conventions with the Government: Roman Catholic; Greek-, Russian-,
Romanian-, and Serbian Orthodox; Anglican, some Protestant
denominations, and Jewish congregations. Several local governments also
maintained sectarian religious facilities. In 2003 the Muslim
community, desiring to receive similar government funding, named a
national representative and single interlocutor for negotiations with
the Government. At year's end, a draft proposal reflecting the
consensus of four of the five Islamic Center Councils was under
consideration by parliament.
Societal Abuses and Discrimination.--There were no reported acts of
violence or discrimination against religious minorities during the
year. There were no reports of anti-Semitic acts. The Jewish community
numbered approximately 1,000 persons.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The Government provided protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened. The 2006 asylum law cancelled the right of appeal for
previously denied asylum seekers and the provisions for holding refused
asylum seekers awaiting repatriation.
The law provides for the possibility to grant temporary protection
to individuals who may not qualify as refugees under the 1951
Convention and the 1967 protocol. The Government did not grant such
protection during the year.
The Luxembourg Red Cross traditionally accompanies refused asylum-
seekers on their repatriation flights. During the year Red Cross
workers accompanied eight such flights. On September 10, however, the
Red Cross was unable to accompany a flight carrying 19 refused asylum-
seekers to Kosovo-allegedly because of the Government's late
notification. The Red Cross also complained that the police conducted
themselves in an intimidating manner during these operations. Late in
the year representatives of the ministries of foreign affairs and
justice met with the Red Cross to address the organization's concerns.
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.--National parliamentary
elections are held at least every five years. The most recent national
parliamentary elections, held in 2004, were considered generally free
and fair. Political parties could operate without restrictions or
outside interference.
There were 14 women in the 60-member Chamber of Deputies and three
women in the 15-member cabinet. There were 15 women in the 32-member
Supreme Court.
There was one citizen member of a minority group in the Chamber of
Deputies and one citizen member of a minority group in the cabinet.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. There were no reports of government
corruption during the year. The Ministry of Justice is responsible for
combating government corruption. Public officials are not subject to
financial disclosure laws.
There is no law providing public access to government information;
in practice the Government sometimes granted access of government
information to public inquirers.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government effectively enforced it.
Women.--The law prohibits rape, including spousal rape, and the
Government enforced the law effectively. The legal penalties range from
five to ten years' imprisonment.
The law prohibits domestic violence, and the Government effectively
enforced it. The law is gender neutral and provides that an abuser will
be removed from the residence for 10 days; this can be extended an
additional three months. Penalties may include fines and imprisonment.
If a person approaches a nongovernmental organization (NGO) for
assistance, the police are required to investigate. In 2007 there were
approximately 435 cases of police intervention relating to spousal
abuse and 216 police expulsions of the abusing spouse.
The Government funded organizations that provided shelter,
counseling, and hot lines. There are three hot lines for abused women.
In 2007 government-sponsored NGO shelters provided refuge to
approximately 300 women and 310 children. The Government also provided
financial assistance to domestic violence victims.
Prostitution is legal and was common, but the activities associated
with organized prostitution, such as profiting from, aiding, or
trafficking prostitutes are punishable by law.
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. A
variety of disciplinary measures against offenders are available,
including dismissal. An employer's failure to take measures to protect
employees from sexual harassment is considered a breach of contract,
and an affected employee has the right to paid leave until the
situation is rectified. Sexual harassment in the workplace was not
widely considered a problem.
Women enjoy the same legal rights as men, including rights under
family law, property law, and in the judicial system. The law mandates
equal pay for equal work; however, according to government reports,
women were paid 14 to 16 percent less than men for comparable work. The
Ministry of Equal Opportunity is responsible for protecting the legal
and social rights of women. The Government continued a gender
mainstreaming media campaign that began in 2005; for example, every
household receives a brochure describing which authorities to contact
in case of abuse.
In December 2007 the Chamber of Deputies adopted a law on the
principle of equal pay for men and women, conforming to a European
Union directive requiring member states to adopt such legislation.
Children.--The Government was strongly committed to children's
rights and welfare. A law adopted on November 20 establishes a national
children's bureau and strengthens support for assistance measures and
services to assist children and their families.
A physicians' organization estimated that approximately 200 cases
of child abuse were reported in 2006, the latest year for which
statistical data was available, resulting in about 60 children
receiving medical treatment. A special police unit is responsible for
the protection of minors, and two call centers-one government-run, the
other NGO-administered-are available to child victims of abuse.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons. The law criminalizes trafficking in human beings for sexual
exploitation, but does not offer a comprehensive and workable
definition of the offense and omits some forms of exploitation, such as
forced labor. The penal code provides for fines of 500 to 125,000 euros
(approximately $700 to $175,000) and prison terms of one month to three
years for facilitating a foreigner's illegal entry and residence
through direct or indirect assistance; authorities may apply this law
in cases of trafficking for purposes other than sexual exploitation.
The law provides penalties from six months' to three years'
imprisonment and monetary fines for trafficking. If there are
aggravating circumstances, prison sentences can range up to ten years.
Authorities indicated that laws against organized crime may also be
used in trafficking cases.
The country is a destination for women trafficked transnationally
for the purpose of sexual exploitation. Source countries during the
year primarily included Romania and Ukraine. During the year the
Government identified nine victims of trafficking. At year's end
authorities were prosecuting one perpetrator for trafficking, and had
tried and convicted nine others for procuring prostitution and human
trafficking.
There were several trafficking cases during the year that resulted
in conviction, fines, and prison sentences. For example, in April an
Italian and a Romanian pimp charged with procuring prostitution and
human trafficking were each sentenced to three years' imprisonment and
a 4,000 euro ($5,600) fine.
In April an Italian and a French pimp arrested in 2004 and charged
with procuring prostitution and human trafficking were sentenced,
respectively, to 100 days' imprisonment and a 5,000 euro ($7,000) fine,
and 60 days and a 3,000 euro ($4,200) fine.
In May two Italian pimps arrested in 2006 and charged with
procuring prostitution and human trafficking were each sentenced to two
years' imprisonment and a 5,000 euro ($7,000) fine.
There are no government services specifically for victims of
trafficking; however, two NGOs which were fully financed by the
Government provided shelter and counseling assistance to women in
distress. Although the country has no formal witness protection
program, the Government took substantial measures to protect victims'
physical safety and identities. After the court proceedings had
finished, a criminal investigative unit specialized in trafficking in
persons' investigations assisted victims in creating new identities and
settling them abroad.
The Ministry of Justice was responsible for the Government's
antitrafficking efforts, in cooperation with the ministries of foreign
affairs and equal opportunity as well as NGOs.
In April the Government launched a public outreach campaign about
trafficking in persons, highlighted by advertisements at bus stops
depicting a nude girl under shrink wrap, as though she were for sale at
a grocery store meat or fish counter, with the slogan: ``If you hire a
prostitute, you are financing human trafficking.'' In November all
newspapers again published the advertisement. The ads were widely
discussed.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or in the provision of other state services, 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 builders to
construct ``disabled friendly'' structures. Despite these incentives,
only a small proportion of buildings and public transportation vehicles
had been modified to accommodate persons with disabilities. Aid for
Handicapped Children, an NGO, advocates for the protection of the
rights of persons with disabilities.
There are laws establishing 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.
Other Societal Abuses and Discrimination.--There were no reports of
official or societal discrimination based on sexual orientation.
There were no reports of official or societal discrimination
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form and
join independent unions of their choice without previous authorization
or excessive requirements, and workers exercised these rights. The law
allows unions to conduct their activities without interference, and the
Government protected this right in practice. Approximately 50 percent
of the workforce (including trans-border workers) was unionized. The
law provides for the right to strike, except for government workers who
provide essential services, but no strikes occurred during the year.
Legal strikes may occur only after a lengthy conciliation procedure
between the parties. For a strike to be legal the Government's national
conciliation office must certify that conciliation efforts have ended.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to collective bargaining, and workers exercised
this right freely. Approximately 66 percent of workers were under
collective bargaining agreements. There were no reported examples of
antiunion discrimination.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports of trafficking in women for sexual exploitation.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively implemented laws and policies to protect
children from exploitation in the workplace. The law prohibits the
employment of 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.
e. Acceptable Conditions of Work.--The national minimum wage for a
single worker over the age of 18 was 1,609 euros (approximately $2,225)
per month for unskilled workers and 1,931 euros ($2,700) for skilled
workers. The minimum wage was not sufficient to provide a decent
standard of living for a worker and family; however, most employees
earned more than the minimum wage.
The law mandates a maximum workweek of 40 hours. Premium pay is
required for overtime or unusual hours. Sunday employment is permitted
in continuous-process industries (steel, glass, and chemicals) and for
certain maintenance and security personnel; other industries must
request permission for Sunday work, which the Government granted on a
case-by-case basis. Work on Sunday, allowed for some retail employees,
must be entirely voluntary and compensated at double the normal wage or
with compensatory time off on another day, equal to the number of hours
worked on Sunday. The law requires rest breaks for shift workers and
limits all workers to a maximum of 10 hours per day including overtime.
The labor inspection court and then the Superior Court of Justice are
responsible for enforcing these laws.
The law mandates a safe working environment. An inspection system
provided penalties for infractions. The labor inspectorate of the
Ministry of Labor and the accident insurance agency of the social
security ministry carried out effective inspections. No laws or
regulations specifically provided workers with the right to remove
themselves from dangerous work situations without jeopardy to their
continued employment; however, every worker has the right to ask the
labor inspectorate to make a determination regarding workplace safety,
and the inspectorate usually did so expeditiously.
__________
MACEDONIA
The Republic of Macedonia is a parliamentary democracy with a
population of approximately 2.1 million. The president, who is
popularly elected, is head of state and commander in chief of the armed
forces. A unicameral parliament (Sobranie) exercises legislative
authority. The June 1 parliamentary elections failed to meet key
Organization for Security and Cooperation in Europe (OSCE) commitments
due to incidents of violence, intimidation, and electoral
irregularities. The country held two additional rounds of elections on
June 15 and June 29 in polling stations in which votes were
invalidated, primarily in northwestern Macedonia. The election
reconfirmed Prime Minister Nikola Gruevski, who headed a multiethnic
governing coalition. Civilian authorities generally maintained
effective control of the security forces.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Rule of law
problems were seen in judicial and police procedures, including
criminal detentions. Enactment of judicial reforms continued to be
delayed, and political pressure and intimidation hindered the
effectiveness of the judiciary. Harsh government criticism of media
coverage viewed as ``antipatriotic'' negatively impacted freedom of the
press. Tensions between the ethnic Macedonian and Albanian populations
continued to impact areas including education, employment, and
political participation.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
or other disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
credible reports that police at times used excessive force during the
apprehension of criminal suspects and that they abused prisoners.
During the year the Professional Standards Unit (PSU) conducted
investigations in four cases of use of excessive force by police
officers. In February the PSU visited 20 police stations and made
recommendations on measures to prevent possible police misconduct.
In August the PSU began an investigation in an August 1 case of a
police inspector from the Tetovo Sector for Internal Affairs (SVR)
alleged to have used excessive force against a citizen. The PSU
recommended that the Chief of the Tetovo SVR initiate a disciplinary
procedure against the police inspector, which was ongoing at year's
end.
In late March the PSU began an investigation of a citizen's
complaint that an officer beat him in a Resen police station on March
21. Due to difficulties in documenting the case, the PSU sent a special
report to the public prosecutor, and at year's end was awaiting the
prosecutor's decision on possible criminal proceedings against the
officer.
On February 1, the PSU began an investigation of an officer from
the Police Protection Department for physically abusing a citizen in a
Skopje coffee bar on January 28. The PSU recommended suspending the
officer from the police force. The Ministry of Interior's Suspension
Commission fined the officer by decreasing his salary 15 percent for a
period of six months.
From December 2007 throughout January, the PSU investigated a
Prilep police officer accused of using excessive force and verbal
threats against a citizen in police custody in December 2007, causing
him bodily injuries. The PSU recommended that the Suspension Commission
of the Ministry of Interior determine criminal liability. The
commission fined the officer with a 15 percent salary reduction for a
period of nine months.
The PSU reported that citizens filed 137 complaints of police
misconduct during the year, including 64 alleging excessive force.
Citizens filed 243 complaints related to police conduct with the Office
of the Ombudsman during the year.
Prison and Detention Center Conditions.--Prison conditions barely
met international standards. Significant problems noted by
international observers included poor hygienic conditions and medical
care, inadequate state funding and staffing, and overcrowding,
including at the Skopje detention center. International observers
indicated that there was increased funding for improvement of prison
conditions, including expansion and refurbishment projects at several
detention facilities, but that conditions for prisoners had not yet
improved.
On November 4, the Council of Europe's Committee for the Prevention
of Torture (CPT) published a report on its June 30 to July 3 visit to
the country's prison and detention facilities. The report criticized
the country's lack of progress in addressing previous CPT concerns,
such as the use of chains and insufficient supervision of inmates, and
characterized the treatment in Idrizovo prison as ``inhuman and
degrading.''
On September 10, the CPT published a report of its October 2007
visit to the country's prisons and detention facilities. The report
stated that the conditions were deplorable. The group cited chaining
prisoners as a means of constraint as a particular problem.
In the pretrial detention facility in Skopje, juveniles and adults
shared the same common spaces.
Three prisoners died in Idrizovo prison during the year and one
prisoner died in Tetovo prison. In the Idrizovo deaths, prisoners and
family members of the deceased cited delays in medical treatment in the
cases.
On June 23, journalist Vlado Tanevski, who was in Tetovo prison in
pretrial detention on multiple murder charges, reportedly committed
suicide. Prison officials found Tanevski drowned in a bucket of water.
Prison officials have not made the results of the forensics
investigation public.
The Government usually granted independent humanitarian
organizations permission to visit convicted prisoners, including the
CPT and the International Committee of the Red Cross (ICRC), and the
ombudsman's office. The law allows family members, physicians,
diplomatic representatives, and representatives from the CPT and ICRC
access to pretrial detainees with the approval of the investigative
judge. Judges usually granted permission, but sometimes did not do so
in a timely manner.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, arbitrary arrest and detention were
problems.
Role of the Police and Security Apparatus.--The national police are
a centralized force, under the Ministry of the Interior, consisting of
uniformed police, criminal (civilian) police, and border police. Ethnic
imbalance remained in the police force. At year's end, 20.3 percent of
the force consisted of ethnic minorities, short of the Government's 25
percent recruiting quota for minority officers. Ethnic Albanians made
up 25 percent of the population and constituted approximately 16
percent of the police force.
International observers and local nongovernmental organization
(NGOs) cited corruption, lack of transparency, and political pressure
within the Ministry of the Interior (MOI) as hindering efforts to fight
crime, particularly organized crime. International organizations
focused their assistance programs on police reform and training to
professionalize the Ministry and aid in fighting corruption.
Police impunity remained a problem, although there were
improvements. More aggressive internal investigations, coupled with the
work of the ombudsman, reduced impunity again this year.
The PSU conducts all internal affairs investigations and
allegations of police misconduct. Unit officials were slow to complete
investigations and bring charges in outstanding human rights cases from
previous years. Nevertheless, international observers noted continued
improvements in the Interior Ministry's response to new cases of
individual police misconduct and more frequent and consistent
disciplining of officers found guilty.
During the year the PSU recommended disciplinary action against
officers in 90 cases. Of these, the MOI punished employees by reducing
their pay (in 57 cases involving 96 employees), suspending them from
the police force (in 10 cases involving 39 employees), and reassigning
them (in 24 cases involving 53 employees). During the year the PSU
submitted criminal charges against 75 employees for 70 criminal acts.
The MOI has not confirmed how many of these charges the prosecutor
accepted. Representatives from a number of international organizations,
including the OSCE, the European Union (EU), and foreign governments
continued to monitor police operations and advise the MOI on police
reforms.
Arrest and Detention.--The law requires warrants issued by an
investigative judge for arrest and detention, and police generally
followed those requirements in practice.
The law provides that prosecutors must arraign a detainee within 24
hours of arrest. Only an investigative judge, at the request of a
prosecutor, may order detention of suspects for longer than 24 hours.
The judge may approve two additional 24-hour periods. Police generally
adhered to these procedures in practice.
The law permits a detainee to contact a lawyer at the time of
arrest and to have a lawyer present during police and court
proceedings; in practice, the requirement that visits be approved by
the investigative judge and comply with general visitation hours rules
of the detention facilities hindered detainees' access to their
lawyers. The law requires that authorities give indigent defendants
access to attorneys, and authorities generally respected this
requirement in practice.
The law permits immediate family members access to detainees and
access was generally provided, although it was not always prompt. As in
the case of lawyers, the investigative judge must approve access.
There were reports that police continued to call suspects and
witnesses to police stations for ``informative talks'' without
informing them of their rights. Most allegations of this practice
involved accusations that police targeted the individuals for political
reasons. Police did not arrest the individuals, nor hold them for
extended periods of time.
The MOI investigated a March 18 incident in which police took 12
primary school students to a police station for ``investigative talks''
in a vandalism case without notifying their parents. The ministry
initiated proceedings against the five officers involved in the case
before the Dismissal Committee. The Committee decreased the five
officer's salaries by 10 percent for a period of three months.
There was a functioning bail system. The law sets the initial
length of pretrial detention at 30 days, with possible extension to 180
days if a council of three judges orders a 60-day extension for further
investigation and a superior court offers an additional 90-day
extension, allowed only in cases for which the crime under
investigation is subject to a sentencing guideline of at least five
years. However, individuals and some local NGOs alleged that judges
increasingly abused their detention authority by ordering pretrial
detention in cases where they could have utilized other means of
guaranteeing the presence of defendants at trial (bail, home
confinement, or relinquishment of the defendant's passport). During the
year OSCE representatives reviewed a sample of 600 pretrial detentions
and found that authorities properly documented only an estimated five
percent of cases. In addition, there were some reports of government
pressure on judges to order pretrial detention in certain instances,
including against members of the political opposition. The increasing
length of pretrial detention was a contributing factor in overcrowding
in the detention facility in Skopje.
e. Denial of Fair Public Trial.--The constitution and laws provide
for an independent judiciary; however, the Government, political
pressure, intimidation, and corruption influenced the judicial branch.
Some judicial officials accused the Government of using its budgetary
authority and modest allocations to the court system as instruments to
exert control over the judiciary. The annual judiciary budget as a
portion of the national budget declined from approximately 2 percent to
1.2 percent from 2004-2008. During the year the judiciary budget was
cut 34 percent in the ``goods and services'' category, making it
difficult for the courts to purchase necessary equipment and supplies
to support regular court operations. Chronic underfunding resulted in
serious operational difficulties in the courts and hindered the
delivery of timely and effective justice services to the public.
The country has a three-tiered court system composed of trial
courts, appellate courts, and the administrative court and the Supreme
Court. The Constitutional Court, which was not considered part of the
judicial branch, deals with matters of constitutional interpretation
and certain human rights protection issues.
The Government continued to delay the implementation of a number of
judicial reform laws enacted in 2006 to enhance the independence and
efficiency of the judiciary, resulting in reduced efficiency of the
judiciary. Delays in the election of the Judicial Council, the body
responsible for election, disciplining and removal of judges, postponed
the establishment of both the new administrative court and an appellate
court in Gostivar. Based on unofficial reports from government
authorities, through June, trial courts decided only 30.6 percent of
the 1.1 million cases on their books. The Law on Enforcement was
amended on January 9 to transfer the backlog of enforcement cases the
private bailiff system.
Trial Procedures.--The law provides for the presumption of
innocence. Court proceedings are open to the public with some
exceptions, such as trials involving minors, sexual offenses, or in
which the personal safety of the defendant is at risk. The country does
not use juries. Judges preside over trials; two lay judges assist each
judge in determining the verdict, although the judge generally makes
the final decision regarding the sentence. Defendants have the right to
consult an attorney in a timely manner in pretrial and trial
proceedings. Authorities respected this right in practice at times;
however, authorities sometimes did not grant access to attorneys in a
timely manner. 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. Defendants and their attorneys are
entitled to have access to government-held evidence, but this did not
always occur in practice. Defendants have a right to appeal guilty
verdicts.
The law provides that courts may try defendants in absentia as long
as they repeat the trials if convicted individuals later become
accessible to justice officials.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There was a partially
independent judiciary in civil matters, and citizens had access to
courts to bring lawsuits seeking damages for, or cessation of, human
rights violations. The law provides for designated trial courts of
extended jurisdiction, i.e., the appellate courts, the Supreme Court,
and the new administrative court, to adjudicate citizens' lawsuits for
various types of human rights violations. The administrative court,
created to hear cases against state institutions, became operational in
December 2007. Changes to the Law on Courts enacted on March 11
provided for improved protection of citizens' right to timely
adjudication of their court cases.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. However, the law prohibits speech
that incites national, religious, or ethnic hatred, and the law
provides penalties for broadcasters who violate these laws.
Individuals could criticize the Government publicly or privately
without reprisal, and the Government did not attempt to impede
criticism.
Media institutions and reporting were divided along ethnic and
political lines, with the most striking divisions visible in reporting
on controversial political issues. There were complaints and
allegations of government pressure and even threats against media
outlets that did not report favorably on the Government. Facing
criticism for pressuring the media, ruling party VMRO-DPMNE announced
on December 29 that it was dropping slander charges against twelve
journalists. On June 22, the prime minister criticized Macedonian
correspondents in Brussels for ``speculating at the expense of their
own country'' and suggested the media should work in the country's
interests. His statement triggered harsh criticism from the Macedonian
Association of Journalists and the Vienna-based South East European
Media Organization, citing interference with media independence.
The independent media were active and expressed a wide variety of
views without restriction. However, several commentaries and editorials
on International Press Freedom Day (May 3) noted pressure from
political and business interests as an impediment to a more independent
press in the country. There were six major daily newspapers in
Macedonian, one of which was distributed without cost, as well as three
dailies in Albanian. None of these newspapers or other media were
officially government controlled.
International newspapers and magazines were available throughout
the country.
Macedonian Radio and Television (MRTV), which generally favored the
Government's views on political issues, was the country's sole public
broadcaster. There were five private television broadcasters with
national coverage and 46 private local and regional television
stations. In addition, the National Broadcasting Council issued ten
licenses for satellite television broadcasting in August. Most of them
broadcast news programs and reflected a variety of viewpoints. There
were many independent radio stations. The number of news agencies and
news portals continued to grow and all major broadcast and print media
offered up-to-date web editions.
The courts dealt with several cases of defamation, libel, and
slander in accordance with 2007 legal changes that partially
decriminalized these offenses, allowing only fines as penalties in such
cases. In several cases, the court did not fine accused offenders who
apologized before the court. On January 24, the Bitola basic court
fined a journalist 720,000 denars (approximately $16,800) for
publishing a police fine issued to a judge for driving under the
influence of alcohol. The journalist appealed the court ruling on April
7 and the case was ongoing at year's end. On December 22, a Skopje
court fined law professor Ljubomir Frckoski 1.9 million denars
(approximately $45,600) for slandering Prime Minister Nikola Gruevski
in a column he published in the daily Dnevnik in 2007, criticizing
Gruuevski's handling of the sale of a state-owned oil refinery when he
was finance minister. NGO Reporters Without Borders criticized the
decision as harmful to freedom of the press.
On January 25, two assailants beat Goran Gavrilov, the owner of
national radio station Kanal 77 and a cofounder of the Association of
Private Electronic Media in Macedonia, in front of his home. Police
pressed charges against three persons, including the owner of cable
television stations Robi and Telekabel, for ordering the attack and for
attempted murder. Gavrilov indicated the attack against him was due to
Kanal 77's reporting on the conditions at cable station Telekabel, as
well his efforts to regulate relations between cable operators and
private broadcast media. In April, following a two-week trial, the
court acquitted all three defendants due to lack of evidence. On
October 14, the appellate court upheld the acquittals.
On November 14, the trial began of the police officer accused of an
attack on Alsat Television cameraman Igor Ljubocevski while he was
filming police stopping a vehicle of a member of parliament in
September 2007. Authorities suspended, but did not charge, three other
officers in the incident.
The trial proceedings in the September 2007 case of a security
guard of political party Democratic Union for Integration (DUI)
slapping A1 television journalist Lirim Dullovi while he covered
developments in the parliament had not yet begun by the end of the
year.
On May 24, during the height of the preelection campaign, thieves
stole six television transmitters belonging to Alsat Television and
local television named ``Art'' outside of Tetovo. The Association of
Journalists of Macedonia and international community representatives
condemned the crime, characterizing it as an attempt to silence the
media and deny citizens information about elections. The investigation
into the cases was ongoing at the end of the year.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. The
Government has sought to increase Internet use among the population.
The Government operated state-owned internet cafes in almost every
major city and town in the country that provided free Internet access
to persons under the age of 27, women over the age of 62, and men over
the age of 64. However, affordable Internet access remained out of
reach for many. As of June Internet World Stats estimated that the
country had about 685,000 Internet users, equal to 33 percent of the
population.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
generally respected this right in practice. For public gatherings of
any kind, the organizers must notify the MOI so that 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.--The constitution and a new law that
entered into force on May 1, on the Legal Status of Churches, Religious
Communities and Religious Groups provide for freedom of religion, and
the Government generally respected this right in practice. The new
religion law removes previous restrictions on the registration of
religious organizations and allows for more than one religious
community of any major faith tradition to be officially registered with
the state and granted legal status. The law does not require a group or
individual be part of a legally registered religious community in order
to practice religion in public or in private. Implementation of the new
law was lagging.
The new law passed responsibility for approving registration
applications of religious groups and communities from the State
Commission for Relations with Religious Communities and Groups to the
Skopje II basic court. The court assigned a single judge to handle the
registration applications. By year's end the court received 10
applications for new registrations of religious communities. In
September the court had missed the 15-day deadline mandated by law for
ensuring that applications were complete for all of the six
applications received by that time. Following a determination that an
application is complete, the law allows only eight days for
registration of a new applicant. In September the presiding judge could
not estimate when decisions would be made on the pending applications,
and by year's end she had not approved any of the 10 applications.
The law requires all entities, including religious ones, obtain
permits to build a religious or other facility. In practice the
Government generally did not take action against groups that
constructed buildings without permits. A 2007 conflict related to
ownership and use of a property by members of the Jehovah's Witnesses
was resolved to the group's satisfaction with assistance of the State
Commission on Relations with Religious Groups and Communities.
The new religion law removed previous restrictions on establishment
of places of worship, eliminating a previous requirement that a permit
be obtained at least 15 days in advance for services in places not
specified in the law.
Members of the ``Orthodox Archbishopric of Ohrid,'' a group
recognized by the Serbian Orthodox Church but without legal status,
continued to claim undue monitoring and harassment based on its
religious beliefs. Nuns and bishops of the community cited excessive
delays at border crossings and reported that a border agent stated that
the delays were due to their religious affiliation. In April 2007
authorities freed the group's leader, Jovan Vraniskovski, imprisoned
since August 2006 on embezzlement charges. Vraniskovski faces a third
trial stemming from the 2006 embezzlement case. On March 17, the Veles
court issued a detention order for Vraniskovski for failing to appear
in court. Members of his church reported that he remained abroad.
The law requires that foreigners entering the country with the
intent to carry out religious work or perform religious rites receive
approval from the State Commission on Relations with Religious
Communities and Groups. When applying for visas, persons planning to
perform religious work must submit a letter of invitation from
representatives of a registered religious group in the country to the
commission. The commission then issues a letter of approval to be
submitted with the visa request. The commission normally issued
approvals within one week.
The restitution of religious properties expropriated by the former
Yugoslav government was not fully resolved. The Government returned
virtually all churches and many mosques to the ownership of the
appropriate religious community, but not other properties, such as
larger parcels of land or community centers. Because properties had
changed hands many times or had been developed restitution and
compensation claims were often complicated. The Islamic Community of
Macedonia (ICM) claimed it was not able to regain rightful use of
several mosques that the Government agreed to return. In addition, the
community alleged that in some cases the Government delayed the process
of restitution by selling or starting new construction on disputed
property and by disputing the historical legal claim of the community
to religious properties. The Islamic community and the Macedonian
Orthodox Church cited greater difficulty in regaining possession of
previously owned property if it was in a desirable location for
investors or business owners, particularly in urban areas. All
properties/religious facilities that belonged to the Jewish community
were restituted in 2002. In a groundbreaking agreement concluded in
December 2007, the Jewish community agreed to accept 17 million euros
(approximately $24 million) from the Government as compensation for all
heirless Jewish property in the country after World War II. The Jewish
community planned to use the funds to complete a Holocaust memorial and
art center in Skopje.
Societal Abuses and Discrimination.--There were isolated reports of
societal abuses or discrimination based on religious affiliation,
belief, or practice. However, unlike the previous year, there were no
reports of vandalism of religious sites.
On March 28, a pamphlet purporting to have been authored by the
Prespa-Pelagonia Eparchate of the Macedonian Orthodox Church was
delivered to an unknown number of homes in Bitola advising residents to
ignore or threaten Jehovah's Witnesses who knocked on their doors.
The Jewish community estimated that approximately 250 to 300 Jews
lived in the country during the year. There were no reports of anti-
Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not use
forced exile, internal or external.
Internally Displaced Persons (IDPs).--The Government reported 736
persons displaced during the 2001 internal conflict remained displaced.
Of these, 324 lived in collective centers, and 412 were lodged with
host families.
IDPs received basic assistance, mostly from the Ministry of Labor
and Social Policy (MLSP), but had few opportunities for engaging in
income-generating activities due to the high overall unemployment rate
in the country. The Government allowed IDPs access to domestic and
international humanitarian organizations, and allowed them to accept
assistance provided by those groups.
During the year the Government continued to encourage IDPs to
return to their homes of origin in areas the authorities considered
safe. Some IDPs continued to assert that the Government was not
providing adequate support to enable them to do so.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status to persons in accordance with the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol,
and the Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened.
A total of 1,772 asylum seekers, refugees, persons under
humanitarian protection, and other persons of concern remained in the
country from the 1999 conflict in Kosovo, most of them Roma.
The Government granted refugee status in one case during the year.
Since 2003, the Government has also granted asylum for humanitarian
protection to individuals who may not qualify as refugees under the
1951 convention or the 1967 protocol. At year's end, 1,128 persons from
Kosovo were living under this status, subject to periodic review. There
was a decline in the number of registered asylum seekers from 171 to
100 due to grants of asylum for humanitarian protection to 75 persons,
some voluntary repatriation and departures to unknown destinations, and
some final rejections of asylum cases.
According to UNHCR, 2007 and 2008 amendments to the asylum
legislation decreased legal safeguards for asylum seekers. UNHCR
characterized the quality of the refugee status determination mechanism
as low and indicated that its two-stage appeals process was ineffective
and resulted only in confirmations of first instance negative
decisions. However, the Government did not deport any Roma asylum
seekers whose asylum applications were rejected. Moreover, UNCHR
reported overall progress in the fields of citizenship and reduction of
de facto statelessness.
The Government began to issue identity documents to asylum seekers,
recognized refugees and persons under humanitarian protection and
opened a new reception center for asylum seekers on June 4. The center
provides shelter for new asylum seekers, but lacked a full range of
support services. The law allows refugees and asylum seekers access to
employment. Issuance of identity documents to asylum seekers,
recognized refugees and persons under humanitarian protection removed
one barrier to employment.
On December 29, the Government adopted an integration strategy for
refugees and persons under humanitarian 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, generally free and fair elections held on the basis
of universal suffrage. While the election code provides a generally
sound basis for the conduct of democratic elections, it contains some
incomplete and inconsistent provisions, especially those related to
appeals processes.
Elections and Political Participation.--On June 1, the country held
national parliamentary elections. The country held two additional
rounds of elections-in 187 polling stations on June 15, and in 15
polling stations on June 29-as a result of a review y the State
Election Commission (SEC) of reports of violence, intimidation, and
serious irregularities. International observers characterized the
elections as flawed, and the OSCE Election Observation Mission in
Macedonia reported that the parliamentary elections did not meet key
OSCE commitments. OSCE reported that the Government procedurally
administered the elections well in most of the country, but cited a
failure of some election stakeholders and relevant authorities to
prevent violent acts in predominantly ethnic Albanian areas. OSCE and
other international observers noted that voters in many locations were
not able to freely express their will due to limited and selective
enforcement of laws and organized efforts to violently disrupt the
elections.
During the campaign period, the security environment varied
significantly between predominantly ethnic Albanian areas and the rest
of the country. The OSCE report stated that the lack of a police
response to numerous acts of violence and intimidation in predominantly
ethnic Albanian areas created an atmosphere of impunity. Violent
incidents in predominantly ethnic Albanian areas marred the June 1
round of elections, with one person killed and several others injured.
The security situation improved for rounds two and three of the
elections, preventing violent incidents like those of June 1.
Discrepancies between the 2006 election code and several laws
passed since that time affected the appeals process in the
parliamentary elections. OSCE noted that discrepancies in the judicial
appeals process resulted in gaps in the protection of rights of
electoral candidates, due to lack of clarity about which body was
responsible for deciding on appeals as well as which specific actions
by election bodies constitute final administrative acts and could thus
be appealed.
Some women from more traditional communities, particularly ethnic
Albanians, were disenfranchised due to the practice of family or proxy
voting by male family members on their behalf.
There were 38 women in the 120-seat parliament and two women in the
22-member Council of Ministers. The law requires that one in every
three positions on each political party's list in both national and
municipal elections must be from the less-represented gender.
There were 29 ethnic Albanians, four Serbs, two Vlachs, one Turk,
one Roma, and one Bosniak in the 120-seat parliament. There were eight
members of minorities in the 22-member Council of Ministers.
Due to political disputes, opposition parties stayed out of the
parliament for a number of months. The opposition ethnic Macedonian
party Social Democratic Alliance of Macedonia left the parliament on
July 17 following the arrest of the party's vice president, Zoran Zaev,
on corruption charges. The party called his arrest politically
motivated, citing the MOI's alerting the media in order to subject him
to a high-profile ``perp walk'' and manipulation of the judicial
process to ensure he remained in preventive detention even when the
presiding judge ordered authorities to release him. The party returned
to the parliament on August 4 after the president, who also belonged to
SDSM, pardoned Zaev.
Ethnic Albanian opposition party Democratic Party of Albanians did
not participate in the new parliament, which held its constitutive
session on June 21, until October 9 in protest of the parliament's
rushing through more than 150 laws using an emergency procedure,
snuffing out any chance for debate.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials often engaged in corrupt
practices with impunity.
Instances of corruption in the police and judicial systems were of
particular concern. On July 3, a Stip court sentenced Metodi Gocevski,
a judge in the Vinica trial court, to one year in prison and sentenced
state attorney Jordan Danilov to eight months in prison for abuse of
position. The Judicial Council was in the process of reviewing
misconduct allegations against seven other judges. Authorities brought
criminal charges against four judges of the Stip trial court for
mishandling of a bankruptcy case. The case was ongoing at year's end.
On March 1, the Stip appellate court reversed a May 2007 decision to
sentence Zoran Trajanov, chairman of the Kocani trial court, to one-
year in prison for abuse of position, due to procedural deficiencies.
The judge sentenced Trajanov to eight months in prison in the retrial.
During the year authorities filed or prosecuted several high
profile cases of corruption. On February 26, a Skopje court found
Metodija Smilenski, the former director of the bankrupt Export Import
Bank, and Ljube Trpeski, the former governor of the Macedonian National
Bank, guilty of corruption and sentenced them to four-and-a-half years
in prison.
On December 9, a Skopje court sentenced former Prime Minister Vlado
Buckovski to 42 months in prison for abuse of authority. Buckovski
immediately announced his intention to appeal the verdict. Since the
sentence is less than five years, under the criminal code he can remain
free while appealing the case.
On May 22, authorities detained the former director general of the
electric power supply company Elektrostopanstvo na Makedonija, Pande
Lazarov, on charges of misuse of official position to gain kickbacks in
procurement and money laundering. The investigation finished in late
November, and the case will go to trial in early 2009. Lazarov began
serving a home detention on November 11, pledging 500,000 euros
(approximately $704,000) in property as bond.
On February 22, a Skopje court sentenced former director of the
Public Revenue Office Petra Miteva to three years in prison on charges
of ``unethical operations.'' According to the charges, Miteva
improperly purchased office space, leaving 35 million denars
(approximately $820,000) unaccounted for. The appeal was pending at
year's end.
The State Commission for the Prevention of Corruption was
responsible for investigating charges of corruption as well as
complaints submitted by citizens. During the year the commission
received 767 complaints concerning the work of state bodies,
privatization procedures, judicial procedures, and other relevant
cases.
Members of parliament and high-ranking public officials were
subject to financial disclosure laws.
The law provides for public access to government information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views.
There are 4,429 domestic and internationally registered NGOs
operated in the country, including Forum, Most, the Macedonian Helsinki
Committee, and NGOs devoted to specific causes, including Romani
rights, human trafficking, and voters' rights. NGO leaders expressed
concern that the Government is seeking to serve as its own watchdog by
creating parallel organizations to counter or replace the work of
independent NGOs, specifically citing areas such as election
monitoring, and monitoring the independence and effectiveness of the
judiciary and the parliament.
The OSCE-led international community efforts to engage the
Government on human rights issues, and OSCE and EU monitoring missions
continued to implement projects to improve relations between ethnic
Macedonians and ethnic Albanians.
The ombudsman's office has a mandate to reduce discrimination
against minority communities and promote their equitable representation
in public life. The ombudsman's office operated six local branch
offices around the country. Its representatives have the legal right to
visit all detained persons, including those in pretrial detention;
individuals exercised this right without restraint during the year. The
ombudsman found that government institutions violated individuals'
rights in 499 cases out of the 3,022 complaints received during the
year. Most cases concerned violations of judicial procedures, police
abuse, and labor and property rights. The Government acted on the
ombudsman's recommendations in over 80 percent of these cases but in
some instances did not provide information that the ombudsman's office
requested in the course of its investigations. For a second consecutive
year, the ombudsman's office noted increased cooperation and
communication with the Government compared to previous years, but
reported that while government responses to its inquiries were usually
timely, they were often not substantive.
The Government generally cooperated with the International Criminal
Tribunal for the former Yugoslavia (ICTY). On July 10, the ICTY
acquitted former interior minister Ljube Boskovski and sentenced former
police officer Johan Tarculovski to 12 years in prison on charges of
complicity in the 2001 killing of ethnic Albanian civilians in
Ljuboten. The ICTY also returned four files to the country's chief
public prosecutor in cases against citizens of the country that the
ICTY did not pursue.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on gender,
race, disability, religion, or national, social, or political
affiliation, and the Government generally enforced these provisions.
Societal discrimination against ethnic minorities persisted and
inadequate protection of women's rights remained a problem.
Women.--While the law specifically prohibits rape, including
spousal rape, conviction requires proof of both penetration and active
resistance by the victim; however, legal sanctions were not a
significant deterrent. The requirements for proof were more stringent
than for other violent crimes. The penalties for rape or forcible
sexual assault range from one to 15 years' imprisonment. 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. An NGO that maintained centers for victims of domestic
violence reported increased use of their facilities by victims of
domestic violence. MOI statistics for the first six months of the year
also indicated an increase of reports of criminal acts and complaints
of violence against women, as well as a decrease in actual offences,
compared to the same period in 2007. There were 130 reports of physical
violence, 1,409 reports of psychological violence, as well as three
cases of rape reported in the first six months of the year.
Cultural norms, including victims' concern over possible shame to
the family, discouraged the reporting of violence against women, and
victims of domestic violence rarely filed criminal charges. Although
the law specifically criminalizes domestic violence and prescribes
substantial punishments for violators, authorities rarely applied the
law in practice. While the law provides for civil restraining orders to
protect potential victims, there were reports that police officers were
unaware of provisions of the law that allowed them to act to protect
victims of family violence. Police often did not respond to allegations
of domestic violence. The Government did not require domestic violence
training for police, prosecutors, or judges; however, international
organizations provided such training to a number of law enforcement
officials.
The Government operated six limited-capacity shelters for women at
risk and assisted in funding a national NGO-operated hot line for
victims of domestic violence in Skopje. In addition, there was an NGO-
operated shelter as well as a crisis center for temporary (24- to 4-
hour) shelter for victims of domestic violence. Local NGOs working to
combat domestic violence relied to a large extent on international
donor assistance. Public concern about violence against women was not
generally evident in the media, although some women's groups worked to
raise awareness of the problem.
Prostitution is illegal; however, authorities did not always
enforce the law. The Government deported some foreign women accused of
prostitution and prosecuted some men for ``mediating'' in prostitution.
Sexual harassment of women in the workplace was a problem,
particularly in the private sector. Although the law does not
specifically address sexual harassment, authorities could prosecute it
as a criminal act under antidiscrimination laws; however, this did not
occur in practice. Although women remained underrepresented in the
higher levels of the Government and the private sector, there were
several prominent professional women in the public sector, including
the interior and culture ministers.
The Department of Gender Equality in the MLSP was responsible for
ensuring the legal rights of women. There were gender commissions at
the municipal council level.
Although the law requires men and women to be paid equally for
equal work, wage discrimination against women remained pervasive,
particularly in the private sector. While the law prohibits dismissal
of women on maternity leave, discrimination against pregnant women
continued in practice.
Women from parts of the ethnic Albanian and Romani communities did
not have equal opportunities for employment and education due to
traditional or religious restrictions on their schooling and
participation in society. In some ethnic Albanian communities, the
practice of men voting on behalf of female family members
disenfranchised women.
Among other activities, women's advocacy groups worked to combat
domestic violence through awareness-raising campaigns, increase women's
political involvement by training female candidates for local elected
office, improve women's access to legal services, and promote the
establishment of small and medium enterprises owned by women.
Children.--The Government was committed to the rights and welfare
of children but provided only limited resources to this end. The
ombudsman's office has a special unit for children that investigated
complaints of violations of children's rights. The MLSP was responsible
for children's welfare.
In September secondary education became mandatory, and the law
required students to attend school until the age of 18. Previously, the
law required students to enroll only through the eighth grade or to the
age of 16. The Ministry of Education reported that over 95 percent of
children were enrolled in primary school; no official statistics were
available on school attendance or the number of children who did not
have access to education. While primary and secondary education is
free, students had to provide their own books and other materials,
except for families who benefited from social welfare. NGO programs and
grants helped provide books and other school resources for Romani
students.
The Ministry of Education reported that over 95 percent of children
who finished primary school continued to newly-mandatory secondary
school. Minority students traditionally had lower attendance rates in
secondary school due to lack of classes in minority languages at the
secondary level and to the belief in many rural, ethnic Albanian
families that girls should be withdrawn from school at age 14.
According to Romani community leaders, up to 10 percent of Romani
children never enrolled in school. Of those who did, 50 percent dropped
out by the fifth grade, and only 25-32 percent finished the eighth
grade. In ethnically mixed schools, educators taught Romani children in
classes with other pupils, but in classes in the predominantly Romani
neighborhood of Suto Orizari in Skopje, 95 percent of the students were
Roma. At times officials sent Romani students to schools for children
with special needs because educators judged that they lacked the
minimum preparation to enter regular primary school.
As in previous years, poor physical conditions of schools and
insufficient classroom space were common complaints, particularly in
the rural parts of the country. Students sometimes protested these
conditions by refusing to attend school. Boys and girls generally had
equal access to education, although there were isolated instances of
discrimination against girls in educational institutions in some ethnic
Albanian areas.
Child abuse was a problem in some areas. During the year, according
to MOI statistics, 96 cases of sexual abuse against children were
reported, of which there were 52 cases of sexual assault, 15 cases of
rape, 11 cases involving satisfying sexual urges in front of others,
three cases of showing pornography to minors, and three cases of incest
with a minor. The Center for Social Work of the MLSP and the Department
for Juvenile Delinquency of the MOI were responsible for addressing
child abuse. NGOs were also active in this area.
Child marriage occurred with some frequency in the Romani community
and less frequently in the ethnic Albanian community. It was difficult
to estimate the extent of underage marriage in the Romani community
because the Romani frequently did not register such marriages.
Romani adults often organized their children into groups to beg for
money at busy intersections, on street corners, and in restaurants and
cafes.
According to some estimates there were between 500 and 1,000 street
children in the country; most of them were Roma. With international
support, the MLSP operated a day center for street children.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that persons were trafficked
to, through, within, and from the country.
Women and children were trafficked internally, mostly from the
rural eastern part of the country to urban bars in the western part of
the country. The majority of victims trafficked into the country were
from Serbia, Kosovo, and Albania. Macedonian victims and victims
transiting through Macedonia were trafficked to South Central and
Western Europe, including Greece, Bosnia, Serbia, Italy, and Sweden.
Authoritative statistics on the scope of trafficking were difficult
to obtain due to the changed modus operandi of the traffickers. Less
than one-third of all potential victims accepted assistance offered by
the Government. Police raids and testimony by victims confirmed that
traffickers subjected a small number of trafficking victims to threats
and physical or psychological abuse. However, NGOs and international
community representatives reported that, to ensure that they did not
identify themselves as trafficked victims if police questioned them,
traffickers increasingly arranged for their victims to reside in the
country legally, paid them some money for their services, and granted
them limited freedom of movement.
It is a criminal offense to traffic persons for sexual
exploitation, forced labor or servitude, or slavery. On January 15, the
Government amended the criminal code, adding harsher penalties for
those who traffic or attempt to traffic minors and for those who use
the services of trafficked victims. The new law specifies a minimum
sentence of eight years for persons convicted of the trafficking of
minors or complicity in trafficking of minors for sexual exploitation,
and a minimum of ten years for forced prostitution.
The Government's National Commission for Prevention and Suppression
of Trafficking in Persons and Illegal Migration was the lead
coordinator for antitrafficking efforts. The MOI was the primary
ministry involved in enforcement efforts, while the MLSP had primary
victim protection responsibilities. Eight other ministries, the Chief
Public Prosecutor's Office and court representatives also participated.
The Government increased its law enforcement efforts related to
trafficking and its aggressive prosecution efforts resulted in an
increased number of arrests and convictions. Authorities discovered
most victims of trafficking during police raids on bars and nightclubs.
During the year police conducted 16 raids of suspicious bars in the
western part of the country as well as makeshift apartments in towns
near the southern border and discovered 99 potential trafficking
victims. Local NGOs participated in the post-raid interviews and
confirmed the police numbers.
By the end of the year, 57 trafficking-related cases had been
prosecuted, and 184 individual suspects had been put on trial for
involvement in trafficking.
NGOs, international organizations such as the International
Organization for Migration, and a number of foreign embassies in Skopje
participated in an antitrafficking steering committee led by the
Government's antitrafficking commission.
Since 2006, the Government considerably increased its efforts to
identify trafficking victims. It identified 184 potential victims over
the course of the year as well as 152 potential victims in 2007, up
from 17 victims in 2006. The Government offered potential victims
assistance, including shelter, legal and medical assistance, witness
protection, psychological assistance, and vocational training. The law
provides for an extended two-month resident permit and reflection
period for foreign victims to allow them more time to receive
assistance and decide whether to testify against their traffickers. The
permit includes the option of an additional six-month extension once
criminal proceedings are underway. To date, no foreign trafficking
victims have utilized the reflection period nor requested the residency
permit. On January 24, the Government formally adopted a new victim-
centered set of standard operating procedures for victim
identification. The Government expanded its assistance to trafficking-
related NGOs.
The Government proactively implemented an antitrafficking plan that
included financial and personnel support for NGOs conducting
antitrafficking prevention and awareness-raising campaigns, legislating
tougher penalties for known clients of trafficking victims, and
providing antitrafficking training to its military forces deployed
abroad.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination on the
basis of disability; however, persons with disabilities faced
discrimination in employment, education, access to health care, and
other state services. Laws require only that new buildings be made
accessible to persons with disabilities. Many public buildings remained
inaccessible. Inconsistent inspection procedures also resulted in
construction of new facilities that were not accessible for persons
with disabilities.
Advocates stated that employers were reluctant to hire persons with
disabilities and that the difficulty of accessing educational and other
opportunities prevented them from fully integrating into society.
Some members of parliament and NGOs continued to push for
legislation to improve the circumstances of persons with disabilities,
but there was little support from the Government.
The MLSP is responsible for the integration of persons with
disabilities into economic life and the payment of benefits. In
practice the benefits that persons with disabilities received did not
cover their cost of living and medical care. 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 population was 64.2 percent ethnic Macedonian, 25.2 percent ethnic
Albanian, 3.9 percent ethnic Turkish, 2.7 percent Romani, 1.8 percent
ethnic Serb, 0.8 percent Bosniak, and 0.5 percent Vlach.
Unlike the previous year, there were no reports of police violence
against ethnic Roma and Albanian minorities. During the year,
investigators uncovered additional details and the media released the
police video that was leaked of the ``Mountain Storm'' police operation
in the village of Brodec that confirmed reports of injuries to
detainees due to beatings while they were arrested and in detention.
The MOI opened an investigation, through its Sector for Internal
Control and Professional Standards, covering both the treatment of the
detainees and the leak. The MOI did not find that excessive force was
used and did not bring charges against any of the officers involved.
ICRC representatives visited the Brodec detainees in May, but did not
release any information on the visit.
According to the Romani NGO DROM (Roma Community Center), societal
hostility toward Roma continued, but instances of direct attacks on
Roma diminished significantly.
Relations between the ethnic Macedonian majority and the ethnic
Albanian minority continued to be strained. Interethnic tensions in
secondary schools in Struga resulted in a month-long boycott by ethnic
Macedonian students who sought ethnically separated shifts and classes
in March. High-level government involvement in a series of community
and school board meetings and a Ministry of Education decision to
impose sanctions including expulsion or annulment of the academic year
resulted in the students' return to classes before the end of the 2007-
2008 academic year. Struga students again protested at the start of the
2008-2009 school year in support for ethnic separation in their
schools, but returned to classes under a second temporary agreement.
Students from different ethnic groups sometimes studied in separate
shifts or at separate facilities, either due to use of different
languages of instruction or at their parents' request.
Ethnic Albanians continued to complain of official discrimination.
They were concerned about the slow progress in reaching what they
considered to be equitable representation in government ministries,
while ethnic Macedonians often claimed that employers targeted them for
reverse discrimination downsizing regardless of job performance. Some
ethnic Albanians claimed that discrimination in citizenship decisions
effectively disenfranchised them.
The Government includes a deputy prime minister for implementation
of the 2001 Ohrid Framework Agreement, which provides for protection of
minority rights and integration of all sectors of society. The
Government also includes a secretariat that has authority to hold
accountable those state institutions that do not comply with the
strategy for equitable minority representation.
According to the secretariat, there were 575 new public
administration jobs advertized and 245 new jobs offered to ethnic
minorities during the year under the equitable representation
requirements of the Ohrid Framework Agreement. Ethnic minorities
account for 16.5 percent of employees of state institutions. Only one
quarter of the budgeted 240 million denars (approximately $5.6 million)
was used by the secretariat during the year. The Government adopted a
budget of 222 million denars ($5.2 million) the secretariat for 2009.
Ethnic Albanians remained underrepresented in the military and
police, especially in the intelligence and counterintelligence
agencies, although special efforts were made to recruit qualified
minority candidates.
On July 25, the Government adopted a new language law that
consolidated previous language use provisions from a variety of laws
and regulations and provided that a minority language could, for the
first time, be used in chairing committees of the parliament and in
documents distributed in the parliament. The new law incorporates
previously existing provisions that require the languages of ethnic
minorities to be recognized as additional official languages in areas
where those minorities comprise at least 20 percent of the population.
In those areas citizens have the right to communicate with local
offices of the central government in the language of the minority group
and to receive responses and personal documents in the same language;
however, this did not always occur in practice. Under the law those
accused of crimes have the right to translation at state expense of all
relevant judicial proceedings and documents; this did not always occur
in practice.
The law provides for primary and secondary education in the
languages of the ethnic minorities, and primary education was available
in Macedonian, Albanian, Turkish, and Serbian. The number of minority
students who received secondary education in their native languages
continued to increase, especially after secondary education became
mandatory.
Ethnic minorities remained underrepresented at the university
level, although there has been progress in increasing the number of
minority students since the 2004 recognition of the predominantly
ethnic Albanian Tetovo State University.
Ethnic Turks also complained of governmental, societal, and
cultural discrimination. Their main concerns were slow progress in
achieving equitable representation in government institutions, the
absence of Turkish majority municipalities in the 2004 municipal
redistricting, 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. These experts also indicated that Roma lacked access to
public welfare funds. Romani NGOs also reported that in some parts of
the country, proprietors occasionally denied Roma entrance to
establishments such as restaurants, cafes, and public swimming pools.
Roma had the highest rate of unemployment and the lowest personal
and family incomes, were the least educated, and had the highest
mortality rates of any ethnic group.
In August the MLSP established a Unit for the implementation of the
national strategy the Roma Decade. For the first time since developing
an action plan for the Roma Decade in 2005, the Government committed
funding-24 million denars (approximately $560,000)-to programs to
assist the Romani community in areas of education, housing, employment,
and infrastructure development. The Government also continued to fund
Roma information centers in eight cities that directed Romani
individuals to educational and health care resources and to sources of
social welfare funds.
Increased NGO and government funding to eliminate barriers to
education for Romani students resulted in a sharp increase in school
attendance among Romani students at the start of the 2008-2009 academic
year.
Other Societal Abuses and Discrimination.--Activists representing
the rights of homosexuals reported incidents of societal prejudice
against homosexuals, including harassment or discrimination by
employers and state officials. The press carried antigay articles and
television stories.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right to
form and join independent unions, and workers did so in practice.
Unions may freely register with the MLSP. More than 50 percent of
the legal workforce was unionized, and unions were particularly well
represented in the public sector. There were two major union
federations, the Confederation of Trade Unions of Macedonia (SSM) and
the Confederation of Free Trade Unions (KSS). Several unions were not
affiliated with either of the two confederations, including unions of
journalists, police officers, farmers, financial sector workers, and
health care workers.
The law provides for the right to strike, and workers exercised
this right in practice. The law allows members of the military and
police to strike, but only if they adhere to restrictive guidelines and
continue to perform essential services. However, the law on labor
relations allows private employers to ``exclude'' or temporarily
release up to two percent of a company's workers during a strike if the
company considers these workers to be potentially violent or
disruptive. The released workers would be rehired after the strike. The
unions maintained that this provision allows employers to exclude union
leaders from negotiations during a strike.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference; however, the
Government did not always actively enforce these laws in practice. The
law protects the right of employees to bargain collectively, and most
branch and local unions had collective bargaining agreements. All
legally employed workers were covered by one of two collective
bargaining agreements, one for public sector employees and the other
for private sector employees. Although collective bargaining took
place, employees had very little practical negotiating leverage due to
the country's weak economic environment, and many collective bargaining
agreements failed to keep pace with changes in the environment and
workplace.
In the private sector, branch unions negotiated at the national
level with the respective branches of the chambers of commerce, and
local unions negotiated with individual companies. The law prohibits
antiunion discrimination; however, it existed in practice. In some
cases former employees accused private companies of firing workers for
participation in union activities, although the companies usually had
other justifications. Because of the delays in the court system, it
could take a worker who was unjustly fired two to three years to regain
employment through legal action.
Employers were rumored at times to have interfered in the internal
affairs of unions by dominating union election campaigns or running
their own candidates in union elections.
There is one export processing zone where one foreign-owned company
began operating this year, and where four other companies were in the
process of building factories. There were no special laws or exemptions
from regular labor laws in the zone.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
media reports that such practices occurred. Women and children were
trafficked for commercial sexual exploitation.
d. Prohibition of Child Labor and Minimum Age for Employment.--
While there are laws and policies to protect children from exploitation
in the workplace, including a prohibition of forced or compulsory
labor, government enforcement was uneven. The law mandates a prison
sentence of at least eight years for anyone who buys, sells, keeps, or
takes children or minors for the purpose of exploitation.
The minimum age for employment is 15 years. 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 under the age of 18 from working nights or more than
40 hours per week.
There were no official reports of illegal child labor during the
year; however, there was evidence that such labor was used in the gray
economy, primarily involving children who begged and sold cigarettes
and other small items at open markets, in the streets, and in bars or
restaurants, sometimes at night. The children involved in these
activities were primarily Roma and most often worked for their parents.
Officials did not punish such violations, and children remained
vulnerable to exploitation. A 2005 report funded by the UN Children's
Fund estimated that approximately 500 children worked in such
activities.
Minors were sometimes trafficked for commercial sexual
exploitation.
The MLSP was responsible for enforcing laws regulating the
employment of children. Government efforts to eliminate child labor
abuse have been largely ineffective; while the necessary laws are in
place, there has been little practical implementation of the policy and
laws.
During the year the Government funded two centers in Skopje that
provided education, medical, and psychological services to children who
work 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 working on the street and to increase
school enrollment of children at risk for such work.
e. Acceptable Conditions of Work.--The country does not have a
national minimum wage established by law. The average monthly wage at
the end of 2007 according to official statistics was estimated to be
15,759 denars (approximately $369), which did not provide a decent
standard of living for a worker and family. The Government statistics
office estimated that approximately 30 percent of the population lived
below the poverty line in 2006, the most recent year for which data
were available.
The law establishes a 4-hour workweek with a minimum 24-hour- rest
period and vacation and sick leave benefits. Employees may not legally
work more than 10 hours of overtime per week, 20 hours per month, or
190 hours per year. According to the collective agreement between the
Government and the SSM, employees have a right to overtime pay of 135
percent of regular pay. In addition, employees who work more than 150
hours of overtime per year are entitled to a bonus of one month's
salary. However, high unemployment and difficult economic conditions
led many employees to accept work that did not comply 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 MLSP filed complaints against several private businesses for
forcing workers 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 violations are corrected. In cases of repeated
violations, the owners can be fined. During the year authorities
temporarily closed over 1,000 companies due to labor violations and
nonregistered workers. No record of the number of employers fined was
available.
The MLSP did not strictly enforce laws and regulations on worker
safety. While workers have the legal right to remove themselves from
situations that endanger their health or safety without jeopardy to
their future employment, employers did not always respect this right in
practice.
__________
MALTA
Malta is a constitutional republic and parliamentary democracy with
a population of approximately 400,000. The president is the head of
state and is appointed by the unicameral parliament. The president
appoints as prime minister the leader of the party that gains a
majority of seats in parliamentary elections. General elections held on
March 8 were free and fair. Civilian authorities generally maintained
effective control of the security forces.
The Government generally respected the human rights of its
citizens; however, there were reports that the Government detained
irregular migrants under poor conditions. Societal problems included
child abuse and trafficking in persons.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
Following the death of an escaped detainee in April, two
independent inquiries concluded that he had not been assaulted while in
police custody and that his injuries were compatible with a fall from a
substantial height which took place after his escape.
b. Disappearance.--There were no reports of politically motivated
or other disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices. However,
authorities charged four prison wardens at the Government correctional
facility with assault in an August incident that left a prisoner
seriously injured after he was returned to the facility following an
escape attempt.
An investigation continued into allegations that police beat two
migrants in June. Authorities suspended one officer, and four others
were under investigation. The press reported that formal charges
against the officers might be forthcoming, but none were filed by
year's end.
During the year the Office of the UN High Commissioner for Refugees
(UNHCR) worked with authorities to provide additional training on
handling detainees. This was a follow up to a September 2007 report by
the Council of Europe's Committee for the Prevention of Torture (CPT),
which cited evidence that soldiers used excessive force to break up a
2005 demonstration by 80 to 90 irregular migrants who were in
detention.
Prison and Detention Center Conditions.--While prison conditions
generally met international standards, there continued to be reports
that conditions in government run detention centers for irregular
migrants were in poor condition. Irregular migrants, in this case, were
persons seeking to emigrate from Africa to the European Union (EU) who
were intercepted and brought to the country by the Armed Forces of
Malta.
Several European and international organizations, including the
CPT, the UNHCR, and the EU, criticized the conditions in which
irregular migrants were held. Problems reported included overcrowded
and unsanitary prison space, guards insensitive to the lack of
separation of men and women in confined spaces, the absence of
meaningful vocational or recreational activity within the centers, and
the lack of access to legal counsel. The UNHCR and the CPT made
recommendations to rectify these problems, and the Government took some
action. It completed renovating two of the four warehouses at Safi
Barracks, where approximately 1,000 of the irregular migrant detainees
were being held as of August, and it provided all detainees with their
own mattresses. UNHCR representatives regularly met with government
officials concerning detention conditions and formed a working group to
address the situation, although the group had not met as of year's end.
There was no reported follow up on the assertion in the CPT's 2007
report that individuals who had sought and been denied asylum were
detained for up to 40 days in the basement of Luqa International
Airport in a room that should not have been used for periods of
detention longer than 24 hours.
The Government generally permitted visits to detention centers by
independent human rights observers, although no visits were reported
during the year. Press and foreign government officials were granted
access to the Safi Barracks.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police force, the Security
Service, and the armed forces, and the Government has effective
mechanisms to investigate and punish abuse and corruption. There were
no reported problems related to impunity within the police force or
Security Service.
Arrest and Detention.--An arrest warrant issued by a magistrate is
generally necessary to detain a person for questioning and may be
issued on the basis of reasonable suspicion. According to the
constitution, police must either file charges or release a suspect
within 48 hours; in all cases authorities must inform detainees of the
grounds for their arrest. These requirements were generally respected
in practice. During the 48 hour detention period, arrested persons have
neither the right to legal counsel nor to meetings with family members.
Once charges are filed, pretrial detainees are granted access to
counsel and family visits. Authorities adjudicated bail requests on a
case by case basis but normally granted them.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
Trial Procedures.--The constitution provides for the right to a
fair and public jury trial, and an independent judiciary generally
enforced this right. 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 case. Defendants may confront witnesses
and present evidence; defendants enjoy a presumption of innocence and
have the right to appeal.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
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. Access in the case of a breach of human rights is
also covered under the European Convention Act, which incorporates the
European Convention of Human Rights. The Government generally respected
these 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.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. The law prohibits foreign financial
support, speakers, equipment, or printed materials for political groups
during election campaigns, although this provision was rarely enforced.
An independent press, an effective judiciary, and a functioning
democratic political system combined to ensure freedom of speech and of
the press.
On March 27 Norman Lowell, who represented a far right political
party, was given a suspended jail sentence and fined 500 euros
(approximately $700) on three charges of inciting racial hatred. A
similar charge against Paul Salomone, arising from allegedly racist
comments he made at a 2006 protest against immigration, was pending in
the courts at year's end.
George Tabone, information secretary for the far right Azzjoni
Nazzjonli (AN), accepted responsibility and paid a fine of 870 euros
(approximately $1200) for comments made by AN's international
secretary, Keith Caruana, on a television program that Tabone was
hosting. The subject of the program was ``Is Multiculturalism a
Threat?'' Caruana described asylum seekers as ``a bunch of criminals.''
The independent media were active and expressed a wide variety of
views without restriction. International media operated freely.
The Times of Malta reported on December 31 that police warned
participants in a December 30 demonstration against the Israeli bombing
of Gaza, that if they did not cease chanting such slogans as ``Down
with the USA'' and ``Down with Israel,'' the demonstration would be
terminated.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e mail.
Internet use was widespread; an estimated 53 percent of households and
90 percent of schools (state, church, and private) had Internet access.
Several Internet cafes and many blogs operated freely throughout the
island.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice. The constitution establishes Roman Catholicism as the state
religion; however, numerous non Catholic religious groups, including an
Islamic community, various Protestant denominations, and a small Jewish
community, practiced their faiths freely.
Societal Abuses and Discrimination.--There were no reports of anti
Semitic acts during the year. The Jewish community numbered
approximately 120 persons.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government generally cooperated with the UNHCR and other
humanitarian organizations in providing protection and assistance to
refugees, asylum seekers, stateless persons and other persons of
concern.
The constitution prohibits forced exile, and the Government did not
employ it.
Protection of Refugees.--The law provides for granting asylum or
refugee status to persons in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The Government provided a secondtier status, granting some
asylum seekers humanitarian protection but not family reunification, a
path to citizenship, or other benefits of refugee status under the 1951
Convention.
The Government generally excluded asylum requests by nationals of
countries of origin it considered safe. Such applicants may apply to
the refugee commissioner for reconsideration within seven days of
notification by authorities. In such cases, the Office of the Refugee
Commissioner calls applicants for a full interview and examination of
their claims before ruling on their application.
In practice, the Government provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be potentially threatened.
The Government also provided temporary humanitarian protection to
individuals who may not qualify as refugees under the 1951 convention
or the 1967 protocol; temporary humanitarian protection was granted to
1,257 persons from January through October.
Authorities detained irregular migrants for up to 12 months after
they arrived in the country. Such migrants had two months to file
asylum claims and were detained while their cases were processed.
Authorities could detain irregular migrants who had not applied for
asylum and those whose asylum applications and appeals had been
rejected, only during the first 18 months following their arrival in
the country; after 18 months they were released, whether or not police
had arranged to repatriate them.
Individuals awaiting decisions on their cases occasionally
protested their detention or attempted to escape from detention
centers. In February a group of irregular migrants staged a protest at
the Ta'Kandja detention center. They were protesting the country's
lengthy detention practices. There were no reported injuries and police
made no arrests.
Authorities usually moved children, pregnant women, elderly
persons, and parents with infants to ``open centers'' where they were
free to move about shortly after their arrival in the country. The
armed forces are responsible for the management of the closed detention
centers and report directly to the Ministry for Justice and Home
Affairs, while the Organization for the Integration and Welfare of
Asylum Seekers (OIWAS), a part of the Ministry for Social Policy, has
responsibility for the welfare and accommodation of persons transferred
from detention centers to the open centers.
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 the basis of
universal suffrage.
Elections and Political Participation.--Parliamentary elections on
March 8 were free and fair. Political parties operated without
restriction or outside interference.
There were six women in the 65 seat parliament and two in the 14
member Cabinet of Ministers. Approximately 13 percent of senior
government officials were women, and two women held ambassadorial rank.
There were six female magistrates.
There were no members of minorities in the Government.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. There were isolated reports of
government corruption during the year.
During the year two public officials of the Malta Environmental and
Planning Authority, Philip Azzopardi and Anthony Mifsud, and a Malta
Tourism Authority consultant, George Micallef, were charged with
irregularities in the case of a discotheque development project. The
officials resigned their positions.
Government officials were 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.
There were no laws providing general access to government
information. The law provides access for the press and the public to
certain government held information. The Government retained discretion
to release information that does not fall under these sector specific
laws and generally provided access to such information.
Section 4. Governmental Attitudes 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 abuses. Government officials were cooperative and generally
responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, gender,
disability, language, or social status, and the Government generally
enforced the law effectively. There were incidents of child abuse and
trafficking in persons.
Women.--Rape, including spousal rape, is a criminal offense, and
the Government effectively prosecuted such crimes. The crimes of rape,
spousal rape, and indecent assault carry sentences of up to 10 years in
prison. Rape was not perceived to be a widespread problem. However,
there were convictions for rape during the year.
From January through July, the police domestic violence unit
received 224 reports of domestic violence, up from 183 during the same
period in 2007. The law prohibits domestic violence, and the Government
effectively enforced it. Penalties ranged from three months to 20 years
in prison. Some nongovernmental organizations (NGOs) and victims'
assistance advocates asserted that domestic violence was underreported,
primarily because of societal attitudes and the attitudes of law
enforcement and medical service personnel. According to the NGOs, women
were afraid to report the crime because they feared that they would not
be believed or protected.
A special police unit and several voluntary organizations provided
support to victims of domestic violence. There was a hot line to assist
victims of abuse through counseling and shelter referrals. The
Government also supported victims through the Ministry for Social
Policy. A government supported shelter for women and children was in
operation throughout the year; the Government also provided financial
support to other shelters, including one operated by the Catholic
Church.
The law prohibits prostitution, and the Government effectively
enforced it. The law provides for sentences of several months to two
years in prison. From January through June, the police arraigned 27
persons on 49 charges (counting repeat arrests) for offences related to
prostitution. There were a number of prosecutions during the year.
Sexual harassment is unlawful and is punishable by a 2,329 euro
fine (approximately $3,260), six months' imprisonment, or both.
Women enjoy the same legal rights as men in the judicial system,
including, but not limited to, family and property law. Redress in the
courts for sexual discrimination was available. The Ministry for Social
Policy and the National Commission for the Promotion of Equality were
responsible for gender equality and focused on broader integration of
women into society and advising the Government on the implementation of
policies promoting equality of women and men.
Although women constituted a growing proportion of higher education
graduates and of the workforce, they were underrepresented in
management and generally earned less than their male counterparts.
According to second quarter statistics, the unemployment rate for women
was 6.1 percent compared with a rate of 6.0 percent for men.
Children.--The Government was strongly committed to children's
rights and welfare.
Between January and mid June, Appogg, the Ministry for Social
Policy's agency responsible for social welfare services, received 394
reports of child abuse. Individuals were convicted in a number of cases
involving sexual abuse of minors. A number of sources consistently
claimed that authorities did not pursue cases of alleged sexual abuse
of children by Catholic clerics unless a parent or adult filed a formal
complaint, but instead allowed the church to handle the matter
internally. If a formal complaint was filed, however, authorities
followed the same police investigations and judicial process as for
other such complaints.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that persons were trafficked to
the country.
The country is a destination for women trafficked for commercial
sexual exploitation. On July 6 authorities charged three men with
forcing a Swedish woman into prostitution. According to police, two
separate investigations in 2007 led to the arrest of seven persons for
the trafficking of eight Russian and Ukrainian women for the purpose of
sexual exploitation. There was also anecdotal evidence that women from
Serbia, Romania, and other eastern European countries may have been
trafficked to the country for forced prostitution.
Most traffickers appeared to be Maltese nationals acting
independently.
The criminal code prohibits trafficking. It makes the offense
punishable by two to nine years in prison. Punishment is more severe if
the offense is accompanied by grievous bodily harm, generates proceeds
of more than 11,646 euros (approximately $16,300), or is organized by a
criminal network. Persons can be charged if the offense took place
within the country regardless of the citizenship status of the suspect.
The law states that a person who forces another person over the age of
21 to leave the country by violence, threat, or deceit for the purpose
of prostitution can be imprisoned for up to two years; the maximum
sentence increases to four years for trafficking persons under 21.
Authorities made five arrests for trafficking or related offenses
during the year.
In January a court of appeals confirmed a suspended sentence for a
convicted trafficker for trafficking two women into prostitution. A
2006 case in which four persons were tried for trafficking a Romanian
woman for commercial sexual exploitation remained pending; the judge
heard the case in March 2007.
There were no reports that authorities condoned or facilitated
trafficking in persons during the year; however, a police officer
convicted of complicity in trafficking in 2005 remained free on appeal.
Authorities arrested suspected traffickers and offered protection
to trafficking victims. They provided protection to witnesses and
encouraged victims to assist in the investigation and prosecution of
traffickers; victims were willing to testify only in closed hearings.
Once victims provided evidence, they were typically returned to the
care of social services, at which time they asked to be repatriated to
their countries of origin.
The Government offered shelter for trafficking victims in homes
used primarily for victims of domestic violence. Authorities also
offered assistance through the social welfare system.
In March police and the Ministry for Social Policy signed a
memorandum of understanding to formalize a screening process for all
arrested persons engaged in prostitution to determine whether they were
victims of trafficking or other abuses.
All migrants are interviewed by NGOs, who seek to determine whether
they might be potential victims of trafficking. Jesuit Refugee Services
(JRS) identified four cases of Nigerian women who might have been at
risk of trafficking if they had reached Italy; however, JRS did not
consider these individuals to be vulnerable to trafficking while in
Malta.
The Government cooperated with other governments in the
investigation of trafficking. Police cooperated with INTERPOL and
Russian authorities to arrest individuals in Moscow based on
information gathered through local trafficking investigations.
The Government published brochures and supported a Web site with
links to a hot line to educate the public on prevention of trafficking.
In 2007 law enforcement officials participated in training on the
identification and processing of trafficking victims.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits both the public and
private sectors from discriminating against persons with disabilities
in employment, education, health care, access to goods and services,
housing, and insurance; and the Government effectively enforced these
provisions. As of the end of September, the National Commission for
Persons with Disabilities (NCPD), the agency responsible for
enforcement of this law, was working on 85 discrimination complaints
pending from previous years. From October 2007 through September 2008,
the NCPD opened investigations into 98 new cases; 70 cases were
satisfactorily concluded.
National/Racial/Ethnic Minorities.--A few thousand persons of Arab,
African, and eastern European origin lived in the country. There
continued to be isolated reports that owners of some bars and discos
periodically discouraged or prohibited darker skinned persons,
particularly of African or Arab origin, from entering their
establishments. There were no reports of charges being pressed.
On March 27 Norman Lowell, who represented a far right political
party, was given a suspended jail sentence and fined 500 euros
(approximately $700) on three charges of inciting racial hatred. A
similar charge against Paul Salomone, arising from allegedly racist
comments he made at a 2006 protest against immigration, was pending in
the courts at year's end.
George Tabone, information secretary for the AN, accepted
responsibility and paid a fine of 870 euros (approximately $1,200) for
comments made by AN's international secretary, Keith Caruana, on a
television program that Tabone was hosting. The subject of the program
was ``Is Multiculturalism a Threat?'' Caruana described asylum seekers
as ``a bunch of criminals.''
Other Societal Abuses and Discrimination.--There were no reports of
discrimination based on sexual orientation.
There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
a. The Right of Association.--The constitution provides for workers
to form and to join unions of their choice without previous
authorization or excessive requirements, and workers did so in
practice. The law does not allow uniformed military and police
personnel to join unions. Approximately 65 percent of the workforce was
unionized. The law allows unions to conduct their activities without
interference, and the Government protected this right in practice.
Workers, with the exception of uniformed military and police personnel,
have the right to strike, and they exercised this right by conducting
legal strikes during the year.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, and it was freely practiced. Many
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.
Trade unions are governed by the Industrial and Employment
Relations acts. Collective bargaining is protected under the law. There
were no reported cases of antiunion discrimination or other forms of
employer interference in union activities.
There are no special laws or exemptions from regular labor laws in
the country's one export processing zone.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, including by children; however
there were some reports that women were trafficked, primarily from
abroad, for purposes of prostitution.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace, and the Government generally implemented them
effectively; however, there were reports that some underage children
were employed as domestic labor, restaurant kitchen help, or vendors
and, during the summer, in family owned businesses.
The law prohibits the employment of children younger than age 16.
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 sectors of
the economy, but allowed summer employment of underage youth in
businesses operated by their families. No assessment was available of
the effectiveness of monitoring by the ETC of the (often unregistered)
employment of children as domestics, restaurant workers, and street
vendors.
e. Acceptable Conditions of Work.--The national weekly minimum wage
of 142.39 euros (approximately $200), combined with an annual mandatory
bonus of 270.28 euros (approximately $375), and an annual cost of
living increase, automatically adjusted for inflation (242 euros-
approximately $340 -for the year), provided a decent standard of living
for a worker and family.
Irregular migrant workers did not always benefit from these
conditions. The press reported that in September the General Workers'
Union issued a report documenting what it called the ``exploitation''
of migrant workers. The General Secretary of the General Workers' Union
told a press conference that such workers were often employed in the
most hazardous of occupations and at less than the minimum wage. He
called on the authorities to address the problem. The prime minister
reportedly noted that this was a problem that the Government needed to
address. In November OIWAS, in coordination with the ETC, established
informational programs to help individuals understand how to pursue
employment and obtain work permits.
The standard workweek was 40 hours, but in some trades it was 43 or
45 hours. Government regulations provided for a daily rest period,
which is normally one hour, and one day of rest per week. Premium pay
is required for overtime. Excessive compulsory overtime is prohibited,
and workers cannot be obligated to work more than 48 hours, inclusive
of overtime. Authorities generally enforced these requirements
effectively.
The Occupational Health and Safety Authority, 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, mostly in the
manufacturing and building and construction sectors. Workers have the
right to remove themselves from situations that endangered health or
safety without jeopardizing their employment, and OHSA generally
enforced this right.
__________
MOLDOVA
Moldova* is a republic with a form of parliamentary democracy. The
country has an estimated total population of 3.57 million, including
528,600 in the secessionist-controlled region of Transnistria. An
estimated 900,000 citizens, including approximately 250,000
Transnistrians, live outside the country. The constitution provides for
a multiparty government with power shared by the president, the
executive, a unicameral parliament, and the judiciary; however, in
practice, the three branches of government were heavily influenced by
the president. Parliamentary elections in 2005 generally complied with
most international standards for democratic elections. Communist Party
leader Vladimir Voronin was reelected by parliament in 2005 as
president for a second and final term. Civilian authorities generally
maintained effective control of the security forces.
* Unless otherwise noted, all references in this report exclude the
secessionist region of Transnistria.
The Government generally respected the human rights of its
citizens; however, security forces beat persons in custody and held
persons in incommunicado detention. Prison conditions remained harsh,
and security forces occasionally harassed and intimidated the political
opposition. There were reports of judicial and police corruption,
arbitrary detention by police, and occasional illegal searches. The
Government attempted to influence the media and intimidate journalists,
maintained some restrictions on freedom of assembly, and refused
official registration to some religious groups. Persistent societal
violence and discrimination against women and children; trafficking in
women and girls for sexual exploitation; discrimination against Roma;
difficulties registering minority religious groups; limits on workers'
rights; and child labor problems were also reported.
In 1990 separatists supported by Soviet military forces declared a
``Transdniester Moldovan Republic'' (Transnistria) in the area along
the eastern border with Ukraine. The central government had very
limited authority in the region, and Transnistrian authorities governed
through parallel administrative structures. The most commonly spoken
language in the region was Russian, although many Transnistrians spoke
Romanian and Ukrainian as their mother tongue. A 1992 cease-fire
agreement established a tripartite peacekeeping force composed of
Moldovan, Russian, and Transnistrian units. Although voting in the 2005
Moldovan parliamentary election did not take place in Transnistria,
over 8,000 residents of Transnistria voted at polling stations in
government-controlled areas. Transnistrian authorities held
``legislative'' elections in 2005 and ``presidential'' elections in
2006. Transnistrian elections were neither recognized nor monitored by
international organizations.
The human rights record of the Transnistrian authorities remained
poor. Authorities imposed some restrictions on the ability of residents
to freely change their government and interfered with the ability of
Moldovan citizens to vote in Moldovan elections. Transnistrian
residents were expected to vote in the 2005 and 2006 Transnistrian
elections, but were unable to stand without hindrance as candidates,
while authorities prevented the media from reporting freely on
candidates or issues. Torture and arbitrary arrest and detention
continued to be problems, and prison conditions remained harsh.
Transnistrian authorities continued to harass independent media and
opposition lawmakers, restrict freedom of association, movement, and
religion, and discriminate against Romanian-speakers.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings in the country, including Transnistria.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year in the country, including Transnistria.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices and criminalizes inhuman
treatment and torture; however, there were credible reports that police
used cruel and degrading arrest and interrogation methods and that
guards beat prison inmates. Under the law, inhuman treatment carries a
sentence of eight to 15 years' imprisonment; torture carries a sentence
of 16 to 25 years. The law provides enhanced punishments for torture
committed in wartime. Coercing an individual to testify is punishable
by up to three years' imprisonment, and if such coercion involves
cruel, inhumane or degrading treatment, it is punishable by three to
eight years' imprisonment. Torture inflicted by an official in order to
punish, intimidate, or obtain information from a person is punishable
by two to five years' imprisonment.
The local Helsinki Committee reported that on April 3 Alexander
Ivanovich Malina, an employee of the Taraclia penitentiary insulted,
threatened, and beat prisoner Serghei Bezman. Bezman claimed that
guards kicked him in the chest for writing complaints to officials, and
they then forced him to eat his written complaint.
During the year the Helsinki Committee reported that a German
citizen prisoner suffered malnutrition and was forced to repair his
jail cell out of his own funds. Prison authorities transferred the man
to four different prisons during the year; each time he repaired his
cell, he was transferred again.
An ombudsman who visited Cricova Penitentiary in February
interviewed two inmates who showed signs of torture. The inmates
accused penitentiary officer Sergiu Perdeleanu of being responsible for
their injuries. On an unannounced visit several days later, the
ombudsman encountered Perdeleanu instructing the inmates to write
letters to penitentiary officials denying that they had been tortured.
As a result of the ombudsman's efforts, the Prosecutor General's Office
(PGO) opened a criminal investigation on September 21. No charges were
filed by year's end, and Perdeleanu remained on duty.
In July the UN special rapporteur on torture stated that police
mistreatment remained common and that prosecutors, judges, medical
staff, and staff at penitentiaries failed to promptly investigate
allegations of mistreatment and torture. Torture methods included
severe beatings, electro-shock, asphyxiation through gas masks, and
putting needles under fingernails.
In November 2007 the Council of Europe Committee for the Prevention
of Torture (CPT) reported that approximately one-third of the persons
interviewed during CPT's prison visits made credible allegations of
torture and other mistreatment. International and local NGOs stated
that judicial authorities tacitly condoned the use of torture, and that
officials engaging in torture remained unpunished. Guards accused of
torture were occasionally dismissed from their jobs or transferred to
other prisons.
According to the UN special rapporteur on torture, mistreatment of
suspects during their initial period in police custody was widespread.
Torture was often used to obtain confessions from suspects, including
in the Transnistrian region.
Although the law provides victims of torture and mistreatment the
right to file complaints, in practice, they had little chance of being
heard. At times courts declined to hear their complaints, and long
delays in legal process caused petitioners to abandon their claims.
Victims carried the burden of proving that they had been mistreated,
which was difficult since prisoners often remained in detention for
months before having access to courts. By the time they were able to
appear in court, the physical evidence of abuse had disappeared.
On January 31, Gagauz activist and separatist Ivan Burgudji, who
had been imprisoned on charges of misappropriating funds, was released
from prison. In June 2007 Burgudji complained to visiting officials
from the Organization for Security and Cooperation in Europe (OSCE)
that, during his interrogation, authorities mistreated and subjected
him to humiliation and that prison officials refused to provide him
with prompt medical treatment for severe back pain. Burgudji was
released after the charges against him were downgraded, and he received
full amnesty.
On June 17, the European Court of Human Rights (ECHR) ruled against
the country in a case involving inhuman treatment of Victor Savitchi
while he was under arrest in 2000. The ECHR ordered the Government to
pay Savitchi, a former police inspector, 8,000 euros (approximately
$12,177) in damages. A videotape of the incident showed five police
officers kicking Savitchi in the chest and lower back while his hands
were tied, after which they arrested him on charges of bribery.
In the separatist region of Transnistria, torture and mistreatment
took place in detention centers. Mistreatment of military conscripts
was also reported. NGOs and international bodies working in the region
reported that local ``prosecutor's offices'' failed to examine detainee
complaints of torture and did not initiate criminal cases against
police officers engaging in torture. An independent torture monitoring
mechanism did not exist in the region.
In Transnistria, the closed military court system regularly ignored
reports of alleged hazing and abuse of conscripts in the Transnistrian
``army.'' According to a Chisinau-based NGO, some conscripts were
forced to march and run in boots that were several sizes too small.
On January 2, Anatol Mospan died in a military unit in Tiraspol.
Although local doctors noted heart failure as the cause of death,
photographs released to the media revealed marks on his body consistent
with physical abuse. Local NGOs reported that separatist authorities
placed Mospan's family under surveillance for having asked central
government authorities to investigate the matter. Following an
investigation, the Prosecutor General's Office (PGO) in Chisinau and
the Supreme Soviet in Tiraspol separately announced that Mospan's heart
failure was due to natural causes due resulting from heart disease.
On February 6, the body of 19-year-old Ukrainian citizen Eugen
Kolobyshko, who served in a Transnistrian military unit, was found in
the Dniester River. Kolobyshko's relatives reported to NGOs that his
body bore signs of violent injuries and that he had complained that
others in his military unit were humiliating and insulting him and
extorting money from him. Following the death, the military unit
offered Kolobyshko's parents 7,000 euros (approximately $9,800) in
compensation. A PGO investigation was ongoing at year's end.
There were no further developments in the 2006 case of Mihai
Corsacov, who accused two police officers of torture. In 2006 the ECHR
ruled in favor of Corsacov; the PGO opened a criminal investigation of
the officers and passed the findings to the Hincesti court to examine
their merits.
Prison and Detention Center Conditions.--Conditions in most
prisons, including those in Transnistria, remained harsh, dangerously
overcrowded, and in some instances life-threatening, notably in the
Balti and Tiraspol prisons. Both prisons and pretrial detention
facilities fell far short of meeting international standards.
Conditions were particularly harsh in pretrial and presentencing
facilities, where suspects were sometimes held for months or years
awaiting trial. Pretrial detention facilities remained dark and
overcrowded. Inmates' access to healthcare was also inadequate.
Juveniles were routinely held together with adults, and prisoners
suffered from insufficient ventilation and low quality food. Prisons
did not provide for recreational activities. Cell sizes did not conform
to local law or international standards. Incidence of malnutrition and
disease, particularly tuberculosis, was high in all prisons.
During the year the UN special rapporteur on torture noted slight
improvements in the treatment of pretrial detainees and an increase in
space for prisoners after the Government built additional facilities.
According to the rapporteur, prisoners and advocates made fewer
complaints of mistreatment involving Ministry of Justice-administered
detention centers; most complaints of mistreatment involved the
pretrial detention center administered by the Ministry of the Interior
(MOI).
According to the rapporteur, the practice of placing some prisoners
serving life sentences in year-long solitary confinement amounted to
inhumane treatment. Such prisoners were placed in solitary confinement
if prison officials believed they presented a threat to other inmates
or as punishment for violating prison regulations.
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.
According to the UN special rapporteur on torture, who conducted
research in the country in July, the Government was generally
cooperative, responded to information requests, and allowed visits to
all detention facilities. The rapporteur also noted that reprisals were
a problem, as prisoners had at times been punished for speaking to the
rapporteur.
In July Transnistrian authorities allowed the special rapporteur to
visit detention facilities. The rapporteur expressed concern about the
practice of permanent solitary confinement for persons sentenced to
life imprisonment or execution.
Transnistrian civil society representatives complained that it was
extremely difficult to gain access to Transnistrian detention
facilities. Conditions in those facilities were grave, particularly in
Tiraspol prison. Sick and contagious prisoners shared quarters with
healthy prisoners.
d. Arbitrary Arrest or Detention.--While the law prohibits
arbitrary arrest and detention, authorities did not observe these
prohibitions in practice.
An ombudsman regularly visited various places of detention,
including police stations and detention rooms at psychiatric hospitals,
railway stations, and the Chisinau airport. The ombudsman found that
many arrestees were not registered in log books, and that railway
police arbitrarily arrested citizens before their trains departed and
released them after their trains left the station. Police at the
airport often detained travelers for document checks, and then released
them without explanation. Most of the persons placed in detention at
police stations were arrested for petty crimes, insulting policemen, or
for document checks, even though they were carrying valid documents.
On May 29, Moldovan border police allegedly detained and verbally
harassed the chairperson of the Transnistrian youth organization Proryv
as she traveled to the Transnistrian region; she was held for two hours
at a Moldovan checkpoint near the city of Bender.
On May 22, in the government-controlled village of Dorotcaia,
Transnistrian authorities arrested 26-year-old Stefan Berzan for
allegedly passing counterfeit currency. Berzan had earlier reported the
counterfeit currency to Transnistrian police, who directed him to
accompany them to the separatist-controlled city of Grigoriopol,
denying his request that Moldovan police also accompany him. According
to NGO reports, Berzan was mistreated during detention and was forced
to confess to the crime. On August 11, the Grigoriopol court convicted
Berzan and sentenced him to six years in prison, but released him with
five years' probation. On September 5, the Ministry of the Interior
fired Berzan from his job as a fireman because of the criminal
conviction.
Role of the Police and Security Apparatus.--The national police
force is the primary law enforcement body. It is subdivided into
regional and city police commissariats, which are subordinated to the
MOI. Police corruption remained a problem.
The PGO is responsible for investigating police activities.
According to PGO staff, the MOI often ignored, or only superficially
examined, their reports of violations by police. An internal affairs
unit that reported to the ministry investigated incidents of impunity
and corruption.
A Transparency International survey conducted between February and
March reported that 51 percent of the persons interviewed said they
paid bribes to the police. In 2007, according to the latest available
statistics, 600 citizens lodged complaints regarding abusive police
behavior with prosecutors' offices. Following the complaints, 258
criminal cases were opened, 32 police officers were dismissed, 12 were
prosecuted for bribery, and 24 former officers were imprisoned.
Arrest and 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.
Although the law provides accused persons the right to a court hearing,
these rights were not always respected in practice.
Once charged, a detainee may be released on personal recognizance
pending trial. The law provides for bail, but it was rarely permitted,
and the bail 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; at times this right
was restricted. Authorities generally did not grant detainees access to
a lawyer until 24 hours after being detained. Police often told persons
that they were witnesses in a case, questioned them without a lawyer
present and subsequently detained them as suspects. Detainees were
often informed of the charges against them without a lawyer present.
The Government required the local bar association to provide an
attorney to indigent defendants but did not pay legal fees; such
defendants often did not have adequate counsel. Detainees were
generally allowed access to family members.
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.
According to a November 2006 OSCE report, trials were frequently
postponed because of the absence of a key participant. In over half of
the trials that were monitored, prosecutors, defense attorneys,
victims, or witnesses failed to appear in court without explanation or
prior notification.
Amnesty.--The Government generally granted amnesty to persons
sentenced to less than four years in prison, which meant that such
persons rarely served jail time. On July 18, the Government issued a
one-time amnesty for persons under the age of 21, mothers with custody
of children under the age of eight, and pregnant women who had
committed minor infractions.
On February 4, a court in Gagauzia granted amnesty to Gagauz
activist and separatist Ivan Burgudji, who was sentenced in June 2007
to 12 years in prison on charges of embezzling 81,900 lei
(approximately $7,874) in 2002 from the Gagauz regional budget and
using the funds to operate an office in the Transnistrian city of
Tiraspol. Moldovan police arrested Burgudji in 2006 without a warrant
and did not promptly inform him of the charges against him.
On April 2, the Supreme Court of Justice reversed a July 2007
Chisinau appeals court decision granting amnesty to former defense
minister Valeriu Pasat. Pasat was arrested in 2005 on charges of
defrauding the Government of millions of dollars and for unlawfully
selling state property. In 2006, following a closed civilian trial, a
court sentenced Pasat to 10 years in prison; an appeals court
subsequently acquitted Pasat of some of the charges and reduced his
sentence to five years. Pasat, who supported opponents of the country's
president in the 2005 parliamentary elections, claimed the charges
against him were politically motivated.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, official pressure and corruption
remained problems. There continued to be credible reports that local
prosecutors and judges occasionally asked for bribes in return for
reducing charges or sentences, and observers asserted that courts were
sometimes politically influenced.
Political factors played a role in the reappointment of judges.
According to Freedom House, judges were appointed and promoted on the
basis of subjective and nontransparent factors. Younger judges, who
held initial five-year appointments, were particularly vulnerable to
influence by the executive branch.
On April 22, national bar association president Gheorghe
Amihailachioaie stated that lawyers, particularly those involved in
actions against the Government and those representing opposition
parties, were politicized and discriminated against. Amihailachioaie
also claimed that the judicial system favored the prosecution, and that
judges favored the ruling authorities. One example in which courts were
accused of favoring the prosecution was the case of Fiodor Ghelici. On
September 24, Ghelici, owner of a transportation company, accused
police of violating his right to free movement. He had been detained
and subsequently convicted for a July 2 incident in which he attempted
to park his four trucks in front of a government building during a
protest rally. His conviction was subsequently overturned on appeal.
Some politicians claimed judicial harassment. Serafim Urechean,
leader of the largest opposition political party, was acquitted on May
26 of charges that he abused his office for personal gain while mayor
of Chisinau. On September 8, the PGO appealed the decision.
Nicolae Andronic, leader of the Popular Republican Party, reported
that the court in Buiucani was again pursuing charges against him for
authorizing withdrawal of 200 tons of wheat from the state reserve as a
loan to a private company during his term as deputy prime minister in
1998-99. Andronic claimed that the case was a politically motivated
action and aimed at eliminating his party from the 2009 parliamentary
election.
Between 1991 and year's end, the Government lost 132 ECHR cases, 58
of which concerned denial of fair trial rights. Of the 28 cases lost
during the year, 11 concerned, in part or in whole, denial of a fair
public trial.
According to a European Union (EU) report published on April 3,
recent positive developments included the development of a judicial
code of conduct in November 2007 and the establishment of the
Department for Judicial Administration in January. The Department is
responsible for monitoring the organizational, administrative, and
fiscal effectiveness of the courts and for proposing improvements. The
EU report also stated that implementation of reforms was lacking.
The judiciary consists of lower courts, courts of appeal, and the
Supreme Court of Justice. A separate Constitutional Court has exclusive
authority in cases relating to the constitutionality of draft and final
legislation, decrees, and other governmental acts. The Constitutional
Court was the only court generally regarded as fair and objective. By
law the PGO is autonomous and answers to parliament. It is responsible
for overseeing criminal investigations, filing charges, and protecting
the rule of law and civil freedoms. Prosecutors may open and close an
investigation without bringing the matter before a court, which gave
them considerable influence over the judicial process. Many NGOs and
opposition politicians considered the PGO to be under the political
control of the ruling party.
The military court system is separate but generally experienced
problems with corruption and inefficiency similar to the civilian
courts. The jurisdiction of military courts extends to crimes committed
by active duty, reserve, and retired military personnel. Military
courts can also try civilians for crimes committed against military
personnel.
Trial Procedures.--The law provides that defendants in criminal
cases are presumed innocent; however, a prosecutor's recommendation
carried considerable weight and limited this right in practice. 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 derogated the presumption of
innocence.
Cases are presented to a judge or to 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 ex officio 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. Defense attorneys were able to
review evidence against their clients when preparing cases. The law
provides a right to appeal convictions to a higher court.
According to a May OSCE report, legal guarantees of a fair trial
functioned only partially. While recent legal reforms helped provide an
improved framework for guaranteeing a fair trial, implementation
remained a problem.
Although the law provides for defendants to have an interpreter,
the OSCE observed a shortage of interpreters, a lack of knowledge of
legal terminology, and a tendency to mix Romanian and Russian terms.
Nearly 40 percent of court interpreters did not translate in a fully
satisfactory manner. The OSCE also noted that judges at times ordered
proceedings to be conducted in Russian, even though some participants
complained they could not understand the language.
During the year, the OSCE released a report, based on a six-month
project that monitored thousands of hearings in hundreds of criminal
cases at all levels of the justice system. The report 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. A 2006 OSCE
report found that 80 judges in Chisinau had access to only 12
courtrooms; as a consequence, 71 percent of trial hearings were held in
judges' offices, where they were often interrupted. While most judges
acted professionally, others engaged in frequent ex parte
communications with prosecutors and defense attorneys, creating an
appearance of impropriety. Space limitations during proceedings placed
victims and witnesses in close proximity to defendants. Public access
to trials was hindered because many judges did not publicly post their
calendars or schedules of cases. Most court clerks were not diligent
about their duties and some did not properly record trial proceedings.
Delays and postponements bred disenchantment and eroded respect for
trial proceedings.
On June 27, the Government adopted a witness law to ensure the
protection of persons whose life and property are threatened as a
result of their participation in trial proceedings.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The law provides for
citizens to seek damages in civil courts for human rights violations.
Under the constitution, the Government is liable in cases where
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
small and frequently not enforced. Citizens may also seek damages for
human rights violations in the ECHR. During the year the ECHR issued 28
adverse decisions on human rights violations, bringing the overall
total since 1991 to 132.
While the law provides for restitution of property and compensation
for victims of political repression, commissions established to receive
petitions were not funded to make payments. In Chisinau, where 6
million lei (approximately $576,823) of funding was allocated for
compensation, no commission existed to make payments. Applicants must
prove a direct causal connection between political repression and the
seizure of their properties to receive restitution.
In June 2007 parliament adopted a mediation law, which established
an alternative mechanism for resolving civil and criminal cases
voluntarily between parties, and set rules for the status of
professional mediators. The law entered into force on July 1.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Although the law prohibits such actions, the
Government did not respect these prohibitions in practice.
It was widely believed that authorities, including the MOI, the
PGO, and the Security and Information Service, continued to conduct
illegal searches and wiretaps. Judges may authorize legal wiretaps only
in cases where a criminal investigation is underway; however, in
practice the judiciary lacked the ability to prevent illegal wiretaps
by security organizations and police. Courts continued to accept
evidence that was obtained illegally.
In contrast to previous years, there were no reports from
opposition figures that government authorities illegally monitored
their activities.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Although the law provides for
freedom of speech and of the press, the Government sometimes restricted
these rights and on occasion journalists were intimidated into
practicing self-censorship. According to an EU report released on April
3, a number of recent laws affecting media freedom had not been
implemented in a manner that promoted media plurality. The 2006
broadcasting law requires Teleradio Moldova to be a genuine public
institution, although it remained financially dependent on the
Government, was widely viewed as strongly pro-government in its
programming, and rarely aired opposing viewpoints. The law
decriminalizing defamation was widely viewed as allowing pro-government
media even greater latitude to insult opposition leaders, while at the
same time not being clear enough eliminate the perceived need for self-
censorship by independent media, nor prevent spurious lawsuits and
investigations against opposition activists and media.
Individuals could generally criticize the Government without
restriction; however, members of the media and local NGOs believed that
authorities attempted to impede criticism made by influential persons.
International NGOs that monitor media practices reported that overall
media freedom deteriorated despite some progress with media law reform.
Freedom House considered the country's media to be ``not free,'' a
situation that remained unchanged since 2003.
The print media expressed diverse political views and commentary.
There were 243 newspapers and magazines. The broadcast media were
weaker in this regard because local private broadcasting was limited.
The Government continued to influence the media through its role in
distributing broadcast licenses and its financial support for
privatized media outlets, including the public radio and television
broadcaster Teleradio Moldova (TRM), which covered most of the country.
The broadcasting code regulates the activity of private television
and radio stations, the government-controlled public broadcaster TRM,
and the Government's main regulatory authority for broadcasting, the
Audiovisual Coordinating Council (ACC). Local media NGOs expressed
concern that the code places all public television and radio stations
under TRM's control, which could stifle local independent media.
The Government owned the Moldpress News Agency; local and city
governments subsidized approximately 25 newspapers. Political parties
and professional organizations also published newspapers with
circulations of less than 15,000. The Government did not restrict
foreign publications, but most were not widely circulated because of
high cost. Newspapers from Russia were available; some published
special weekly local editions.
Several privatized newspapers, including the formerly government-
owned Moldova Suverana and Nezavisimaia Moldova, continued to publish
favorable reports about the Government's activities and to exclude
reports about opposition figures and alternative viewpoints.
Newspapers, such as Flux (owned by the Christian Democratic Party) and
the independent Timpul, Jurnal de Chisinau, and Ziarul de Garda,
published more diverse views and articles critical of the Government
and its policies.
On February 22, parliament passed a public service ethics code as
part of a government reform process designed to remove red tape and
boost the effectiveness of public service. Media observers expressed
concern over a code provision stating that only official spokespersons
have the right to communicate with media organizations. Observers
feared that this could lead to less transparency in the work of public
institutions.
Although libel is no longer a criminal offense and the law limits
the amount of fines that can be claimed for slander, some newspapers
continued to practice self-censorship and avoid controversial issues
out of concern that government officials and other public figures could
use civil defamation laws to retaliate against critical news coverage.
On June 26, parliament passed amendments to the editing law, making
it illegal to edit and publish literature that contains ``denial and
defamation of the state and the people; calls to war or aggression, to
ethnic, racial or religious hatred; [or] incitement of discrimination,
territorial separatism, or public violence.'' Several private
publishing houses opposed the new law, claiming that it imposed
censorship.
On February 12 and July 7, the ECHR sanctioned the Government for
violating freedom of expression by bringing defamation charges against
Flux newspaper, after Flux journalists made statements in 2003 and
during the year regarding a former leader of the Party of Communists
(PCRM) and a former prosecutor general.
On April 29, a District Court in Chisinau froze the bank account of
the Jurnal de Chisinau to sequester funds in a libel case. The case was
filed against the newspaper by a former prosecutor, who sued for
alleged damages inflicted on him by articles published in 2003 and
2004. The newspaper appealed and, on May 7, the appeals court unblocked
the bank account and sent the case back to the Chisinau court for
reconsideration.
According to the ACC, the agency that regulates and licenses
broadcasters and assigns frequencies, 46 radio stations and 205
television stations and cable providers operated in the country. Most
stations rebroadcast programs from Romania, Russia, and Ukraine and
offered limited locally produced programming. Other foreign programs,
including international news broadcasts, were available by subscription
from private cable television operators. Some local governments,
including that of Gagauzia, operated television and radio stations and
newspapers.
According to NGOs, many of the major television channels were owned
by business persons affiliated with the ruling PCRM and displayed a
political bias towards the party. As a result, there were fewer outlets
for opposing viewpoints.
In joint statements released on May 7, NGOs and media
representatives criticized the ACC for disproportionately allocating
radio and television frequencies to progovernment stations. In May the
ACC distributed 40 provincial television frequencies to two
progovernment stations, which significantly expanded their coverage;
the ACC did not consider other applications.
Government influence over public broadcaster Teleradio Moldova, one
of the few stations with nationwide reach, continued. In February, two
Teleradio Moldova board members published an article criticizing the
lack of progress in turning Teleradio Moldova into a broadcaster open
to and serving all members of the public. The board subsequently
prohibited its members from publicly expressing opinions without prior
consent of all board members.
In September 2007 the ACC suspended rebroadcasts of the Romanian
station TVR1 in the country, despite an existing license agreement.
Media observers expressed concern that this was another method to
restrict outside views. In February and March, listeners who had called
in to the Vocea Basarabiei radio station claimed that they were
summoned by the MOI to be interviewed on their participation in the
station's live broadcasts.
Opposition members of the Balti municipal council criticized the
nontransparent manner in which the public broadcaster Teleradio Balti
was being privatized, noting that the privatization commission was
staffed exclusively by councilors belonging to the majority PCRM.
On September 2, the Gagauz people's assembly decided to dissolve
the supervisory board of the public company Teleradio Gagauzia, raising
major concerns among the company's journalists, who feared that this
was an attempt by Gagauz authorities to control regional public
television.
Journalists and NGOs reported that the Government denied
independent media access to various official events involving the
president. On January 18, members of the president's security detail
prevented journalists from several media outlets from attending a
public event with President Voronin, despite a prior invitation to the
media to attend. The president's security detail forced Pro-TV
journalists to erase their footage of Voronin. On July 23, the
president's security detail denied a reporter from the Romanian news
agency NewsIn access to President Voronin's press conference because
she lacked accreditation, although she had submitted her accreditation
request several months before the event.
Opposition ACC members continued to complain about central
government pressure, principally in the form of what they called
abusive and arbitrary investigations of extortion.
The ACC reversed its publicly stated position and decided to allow
PRO TV and other broadcasters with expiring broadcasting licenses to
continue operations until some unspecified time after the parliamentary
elections. According to the ACC, doing otherwise would have been seen
political interference.
In Transnistria, authorities greatly limited freedom of speech and
of the press. Alternative viewpoints were subject to widespread
censorship, and residents were wary of voicing alternative opinions and
engaging in meaningful debate over key issues affecting the separatist
region.
It was difficult to register, maintain, and financially sustain
independent newspapers, radio stations, or television stations in
Transnistria, though several existed. Most newspapers from government-
controlled areas did not circulate widely in Transnistria, although
they were available in Tiraspol. Foreign publications, including
publications edited in Chisinau, were difficult to obtain as separatist
authorities imposed a 100 percent customs duty, doubling their price.
Both of Transnistria's major newspapers, Pridnestrovie and
Dnestrovskaya Pravda, were official publications of the separatist
administration. One independent weekly newspaper was published in
Bender and another in the northern city of Ribnita. According to a
study by a western academic researcher, the Ribnita-based Dobryi Den
newspaper did not publish any articles critical of Transnistria or
separatist authorities. Separatist authorities harassed independent
newspapers for critical reporting of the Transnistrian regime.
Independent newspapers in the region, such as Novaia Gazeta and
Chelovek i yevo Prava (Man and His Rights) were published, but had a
limited circulation of about 3,000. Authorities controlled all printing
houses and at times threatened to cease printing independent
newspapers.
Other Transnistrian media that printed reports critical of
secessionist authorities also had small circulations and appeared
either weekly or monthly. There were few Romanian and Ukrainian
language publications available to the ethnic Ukrainians and Moldovans
in the region. Apart from the publicly financed Gomin (Ukrainian) and
Adevarul Nistrean (Romanian in Cyrillic script), and the political
party-controlled newspaper Drujba (Romanian in Cyrillic script), most
publications are in the Russian language.
The majority of television and radio stations in Transnistria were
controlled by the authorities, who largely dictated editorial policies
and financial operations. Some broadcast networks, such as the TSV
television station and the INTER-FM radio station, were owned by
Transnistria's largest commercial entity, Sheriff Enterprises. The
enterprise also effectively controlled the Obnovlenie Party, which held
a majority of seats in the region's legislature. The other major
television station, Transnistrian Moldovan Republic Television, was
operated by the Transnistrian government. 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 questioning of the Transnistrian goal of
``independence.''
Internet Freedom.--There were no reports of government restrictions
on access to the Internet. Government monitoring of e-mail or Internet
chat rooms occurred on at least one occasion during the year.
Individuals and groups could generally engage in the peaceful
expression of views via the Internet, including by e-mail. However, on
one occasion, the judiciary took action against a group of teens
expressing their views online.
On June 10 and 11, the Chisinau municipal prosecutor's office
interrogated 12 teen bloggers, and, on the basis of a June 4 court-
issued warrant, seized their computers to ascertain whether they were
planning radical, destabilizing events or advocating interethnic
violence in Internet postings critical of the Government. The
prosecutor's office charged that the postings constituted a public call
for the violent overthrow of the constitutional order, incitement to
interethnic violence, promotion of unification with Romania, and
dissolution of Moldovan statehood.
According to the National Telecommunication Agency regulator, the
number of mobile Internet users increased during the year, reaching
1,110,000 persons by year's end. There were 41 Internet service
providers in the country. While few could afford computers and private
access to the Internet, public access at cafes in major cities around
the country was readily available.
In Transnistria, Internet connections were available in most parts
of the region, and most residents accessed the Internet through
publicly available computers at cafes. One company, Sherriff
Enterprises, was the sole Internet service provider in the region.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic or cultural events. However, on March 26, Radu
Gorincioi, director of the Moldova Information and Documentation Center
on the North Atlantic Treaty Organization (NATO), stated that he had
been forced to resign by a government official who threatened him with
a criminal investigation; the official accused Gorincioi of supporting
Romania's irredentist ambitions in Moldova.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly; however, at times
the Government limited this right in practice.
On February 22, a new law on public assembly entered into effect.
While the previous law required rally organizers to seek authorization
from local authorities for holding events, the new law only requires
organizers to notify local authorities. Such written notice must be
submitted directly to local authorities no less than five days prior to
the planned event. In addition, while the previous law allowed public
authorities to prohibit rallies, the new law provides that only the
courts can do so.
In spite of these changes, NGOs continued to express concern that
the Government limited freedom of assembly. On April 22, several NGO
leaders publicly stated that the Government frequently violated the
right to peaceful assembly and that gaps in the law often led law
enforcement bodies to abuse the application of specific legal
provisions. On April 22, the day the new law entered into force, a
group of five activists attempted to test the law by holding a protest
on the steps in front of the president's office. Police arrested them,
claiming the steps were part of the presidential premises and that the
law does not allow protests on such sites.
On April 30, during a demonstration in front of the National Palace
in Chisinau by the NGO Hyde Park, police interrupted the protest and
detained four activists at a police station for 22 hours. On May 8,
police held Oleg Brega, one of the demonstrators, in detention for 72
hours. On May 10, Ghenadie Brega, Oleg's brother, was detained by the
police for 48 hours at the Buiucani police station for insubordination
and insulting police officers after initiating a hunger strike in front
of a government building.
On May 8, Chisinau municipal authorities barred the gay rights
organization GenderDoc-M from holding a pro-tolerance,
antidiscrimination rally. Authorities cited the need to avoid societal
tensions and religious organizations' disapproval of homosexuality as
reasons for the denial. On May 11, security forces observed passively
from a distance as hundreds of persons aggressively blocked a bus
carrying GenderDoc-M supporters to a public meeting in the National
Assembly Square to call for the adoption of an antidiscrimination law.
The attackers confiscated GenderDoc-M campaign material and followed
the bus to the organization's headquarters.
On May 15, rights organizations criticized the lack of police
intervention during the May 11 incident, accusing authorities of
discrimination based on the perceived sexual orientation of
participants, and called for a government investigation into the lack
of police protection. On May 29, the European Commission delegation to
the country urged the MOI to analyze the role played by the police
during the incident and to address the question of ensuring freedom of
assembly in instances when there are conflicting simultaneous
assemblies. At year's end no investigation had yet been opened.
During a June 17 pensioners' rally in Chisinau to protest minimal
pensions and increasing food prices, a group of unarmed, mostly retired
protesters forcefully attempted to enter a government building, and
several were injured when they were pushed back after an unsuccessful
attempt to break the police line. At year's end the Government had not
initiated an investigation into the incident.
After a subsequent pensioners' rally in Chisinau on July 15, police
forcefully escorted seven pensioners and the event organizer to the
Buiucani district police headquarters. Police opened criminal
investigations against the eight before releasing them. As of year's
end, the arrestees had not been charged in relation to their arrests.
During the rally, which involved protesters traveling to various
government offices and the OSCE building, police admonished the
protesters for being noisy, and seized their posters and megaphones.
In Transnistria, authorities generally discouraged free assembly.
On those occasions when they issued permits for demonstrations,
authorities often harassed organizers and participants and ordered that
the demonstrations take place in obscure locations away from city
centers. Permits for demonstrations and public meetings were issued
predominantly to organizations and groups loyal to the authorities.
On May 17, police arrested two members of the Pridnestrovie
Communist Party, Oleg Horjan and Nadejda Bondarenko, in Tiraspol as
they distributed materials for a antipresidential rally planned that
day to protest government policy and the increasing prices of food and
utilities. Although the rally was authorized, Transnistrian authorities
disrupted it by playing loud music over loudspeakers on Tiraspol's main
square. The two party members were later released. Transnistrian
authorities denied the Pridnestrovie Communist Party authorization to
stage subsequent rallies. On May 30, authorities arrested and detained
six members of the party and its leader, Oleg Horjan, for several hours
for distributing leaflets without authorization.
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 also
prohibits organizations that are ``engaged in fighting against
political pluralism, the principles of the rule of law, or the
sovereignty and independence or territorial integrity'' of the country.
Some political parties accused the Government of restricting their
freedom of association in advance of spring 2009 parliamentary
elections. On May 13, the court of appeals reconfirmed a Justice
Ministry decision to deny registration to the European Action Party.
Liberal Democratic Party leaders accused the Government of intimidating
members of the new party by calling the members in for police
questioning. According to the new law, the parties needed to adjust
their bylaws to meet new requirements by October 1. By year's end all
28 existing parties had submitted registration requests. According to
the ministry, seven parties registered successfully; one party's
application was rejected; seven applications were being reviewed by the
ministry; and review of the remaining 13 parties was pending.
In Transnistria, separatist authorities granted the legal right of
association only to citizens of Transnistria. However, separatist
authorities restricted freedom of association in practice, either by
intimidation and prosecution for alleged offenses or on the basis of
fabricated charges. All associations favoring reintegration with the
Moldovan national government are strictly prohibited.
In August 2007 the Transnistrian government promulgated a law that
gives the authorities broad and vague powers to fight extremism, which
is defined as promotion of mass disorder, public defamation, or acts to
change the constitutional order.
In October 2007 the Tiraspol city court gave Pridnestrovie
Communist Party leader Oleg Horjan a suspended prison sentence of 18
months and fined him 1,000 Transnistrian rubles (approximately $120)
for organizing unauthorized protest rallies in March and resisting
arrest. Horjan was not permitted to participate in election campaigns
during the period of his prison sentence and would be subject to
mandatory prison time if found guilty of any further offense.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, the law includes restrictions that inhibit the
activities of unregistered religious groups. Although there is no state
religion, the Government gave favorable treatment to the Moldovan
Orthodox Church. For example, the Metropolitan of Chisinau and All
Moldova held a diplomatic passport, a privilege not accorded to any
other religious leader.
In Transnistria, separatist authorities continued to deny
registration to a number of minority religious groups and harassed
their members.
In July 2007 parliament passed a law on religion requiring
religious groups to register with the Justice Ministry. Previously,
religious groups were required to register with the State Service for
Religious Affairs (SSRA). Unregistered religious groups may not buy
land or obtain construction permits to build houses of worship or
seminaries.
The 2007 law notes the special status of the Moldovan Orthodox
Church in the country's history and culture and simplifies registration
procedures. However, it includes a requirement that groups must obtain
signatures from 100 citizens to register as a new national religious
organization. The law allows religious groups greater access to public
places, and permits congregations to switch denominational allegiance.
It also expands the definition of ``abusive proselytism'' to include
psychological manipulation and subliminal techniques.
The SSRA was dissolved in October 2007. All registration files were
to be transferred to the Ministry of Justice within two months and
unresolved applications were to be transferred within 15 days to the
ministry. Of the 24 groups that submitted applications after October
2007, only the Unification Church registered successfully, on May 25.
In its decision to reject the remaining 23 applications, the ministry
cited various provisions of the civil code (which normally applies to
the conduct of businesses). Religious groups declined to appeal the
rejections, arguing that the religion law, rather than the civil code,
should govern their activities. The Ukrainian Orthodox Kyiv
Patriarchate, the Central Muslim Spiritual Board of Moldova, a variety
of Protestant congregations, and the Spiritual Organization of Muslims
in Moldova continued to encounter bureaucratic obstacles to
registration.
In Transnistria, Jehovah's Witnesses faced significant difficulties
operating. Only two of more than 30 Jehovah's Witnesses' congregations
had legal status. Court cases brought by Jehovah's Witnesses were
prolonged by the Transnistrian officials. Occasional court victories
were overturned and new trials ordered.
Despite a 2007 Tiraspol court decision stating that Jehovah's
Witnesses should be accredited and permitted to import literature,
Transnistrian authorities attacked the legal status of Jehovah's
Witnesses by: challenging their 1994 registration in Tiraspol; refusing
to accredit the leaders of the Tiraspol community; refusing to register
new Jehovah's Witnesses charters in Tiraspol, Ribnita, Grigoriopol, and
Tighina; seeking to cancel their tax identification number;
confiscating religious literature; illegally confiscating the Ribnita
community's registration certificate; interfering with a religious
ceremony in Parcani; and fining and sentencing members to one-year
probation terms.
Transnistria has no law providing alternative civilian service.
Consequently, since 1995 more than 20 Jehovah's Witnesses have been
prosecuted because of conscientious objection to military service. Some
received probationary sentences of up to one year in prison and others
were fined approximately $450. Some members of Jehovah's Witnesses
complained of being summoned before the court repeatedly, although they
were already sentenced and had fully complied with the court's orders.
Foreign missionaries, like other foreigners, may enter the country
for 90 days on a tourist visa. Although the law prohibits ``abusive
proselytizing,'' the Government did not take legal action against
individuals or organizations for proselytizing. Police and other local
authorities frequently called visiting foreign missionaries into police
stations for extensive questioning about religious and charitable
services they offered.
The law provides for restitution of property confiscated from
religious communities during the Nazi and Soviet regimes. Claims by the
Moldovan Orthodox Church were frequently favored over those of other
religious groups, and the church had recovered nearly all of its
property. In cases where property was destroyed, the Government offered
alternative compensation. Property disputes between the majority
Moldovan and minority Bessarabian branches of the Orthodox Church
remained unresolved; representatives of the Bessarabian Orthodox Church
claimed that their property rights were still being violated. While the
Lutheran Church reported that authorities had not returned or provided
compensation for any of its pre-World War II properties, the Jewish
community had several of its properties restored.
Societal Abuses and Discrimination.--Members of Jehovah's Witnesses
complained that local town councils, Orthodox priests, and laypersons
continued to impede their ability to freely practice their faith.
Jehovah's Witnesses complained that on March 22, in the Transnistrian
town of Parcani, local police harassed their members after local
inhabitants protested Jehovah's Witnesses' religious services with
signs denouncing the religion as a ``sect'' and opposing the Witnesses'
supposed support of the country's NATO membership bid. Local militia
members carrying whips accompanied the demonstrators. Shortly after
7:10 p.m. the demonstrators left the scene. Jehovah's Witnesses
reported similar incidents in other Transnistrian villages during the
year.
In Transnistria, non-Orthodox groups complained that they were
generally not allowed to rent property and were often harassed during
religious services. They also complained that they were refused
permission to construct religious buildings.
The Jewish community has approximately 25,000 members, including
2,600 living in Transnistria. Synagogues functioned openly in the
country without harassment.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. Transnistrian authorities at times restricted travel of its
residents to and from the separatist region. The Government cooperated
with the Office of the UN High Commissioner for Refugees and other
humanitarian organizations in providing protection and assistance to
internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern. On several
occasions during the year, Western diplomats stationed in Chisinau were
denied entry into the secessionist region for routine visits. However,
on other occasions, they were allowed entry.
Transnistrian authorities often stopped and searched vehicles
traveling between the region and the government-controlled area.
According to the local Helsinki Committee, waits of up to two hours at
Transnistrian checkpoints occasionally occurred, as did arbitrary fines
and seizures of goods from persons entering or exiting the region.
Short-term visitors from government-controlled areas to
Transnistria were permitted to remain for 10 hours. A longer stay
required an official letter of invitation and registration at a local
passport office. Transnistrian authorities allowed farmers from
government-controlled villages in the Dubasari region of Transnistria
to travel to areas outside Transnistria to sell their produce.
The law prohibits forced exile, and the Government did not employ
it. There were no reports that Transnistrian authorities exiled persons
from their territory during the year.
Although citizens generally were able to depart from and return to
the country freely, there were some limitations on emigration. Before
persons are allowed to emigrate, the law requires that they satisfy all
outstanding financial obligations to other persons or legal entities.
This requirement was not strictly enforced in practice. The law also
provides that close relatives who are financially dependent on a
potential emigrant must give their concurrence before the emigrant is
allowed to depart the country; however, this law was not enforced in
practice.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status to persons in accordance with the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol,
and the Government has established a system for providing protection to
refugees. In practice, the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened.
The Government also provided temporary protection to individuals
who may not qualify as refugees under the 1951 UN convention or its
1967 protocol. Through November 30, 49 persons applied for asylum; 23
persons were granted protection (including four who received Convention
status and 19 who received humanitarian protection), and 45 persons
were rejected. The cases of 26 persons were closed for administrative
reasons. As of November 30, 151 refugees were residing in the country
(including 66 with humanitarian protection) and 37 persons were
awaiting legal or administrative decisions on their applications.
Refugees and asylum seekers came from over 20 countries; most, however,
originated in the former Soviet Union (Russia, Chechnya, and Armenia),
the Middle East, and Africa.
Stateless Persons.--Citizenship is derived by birth within the
country's territory and from one's parents. According to UNHCR
statistics, there were 1,752 stateless persons in the country at the
end of September. At year's end, the Government and UNHCR reported that
there were no stateless persons with permanent or temporary residence
in the country.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice in most of
the country through periodic, generally free and fair elections held on
the basis of universal suffrage for those over 18; however, authorities
at times harassed and intimidated the political opposition.
In Transnistria, authorities restricted the right of residents to
vote in elections and interfered with the right of Moldovan citizens to
vote in Moldovan elections.
The constitution provides for a form of parliamentary government.
Parliament elects the president by a three-fifths majority vote. The
president appoints the prime minister, who in turn names a cabinet.
Parliament must approve both the prime minister and the cabinet.
Some citizens and party representatives reported interference with
their political activities during the year. Between March 24 and June
23, the newly created Liberal Democratic Party (PLDM) collected
signatures for a petition to amend the constitution to allow direct
election of the president. Although the constitution requires 200,000
signatures to initiate a constitutional amendment, on June 21, the
Central Election Commission demanded 340,000. Many PLDM members were
summoned to local prosecutor's offices for questioning about their
political activities after authorities took their contact information
from petitions. During the PLDM's registration period in January, some
PCRM and Christian Democratic Party mayors refused to recognize the
PLDM's petition to establish itself as a new party.
Mihai Tarsa, an opposition official from the village of Criva,
claimed that, on June 20, the Criva mayor physically and verbally
assaulted him for leading the signature collection effort for the
constitutional amendment in the village. An investigation into the
matter continued at year's end.
Elections and Political Participation.--Multiparty parliamentary
elections in 2005 complied with most international standards for
democratic elections. While the balloting was free and fair, an OSCE
election observation mission reported that campaign conditions and
media coverage preceding the vote ``were not satisfactorily
equitable.'' As a result, the elections fell short of meeting standards
``central to a genuinely competitive election process.'' Restrictive
legal provisions and interference by authorities, particularly at the
local level, hampered the campaigns of some opposition candidates.
There were 21 women and 26 members of ethnic minorities in the 101-
seat parliament. Six women, including the prime minister, sat in the
21-member cabinet. Members of ethnic Russian, Ukrainian, Bulgarian,
Azeri, and Gagauz communities were represented in parliament.
On May 14, the Government promulgated amendments to the election
code that prohibited parties from forming electoral blocs before an
election and raised the threshold for a party to enter parliament from
four to six percent of the popular vote. The law made it more difficult
for small parties to gain parliamentary seats. The amendment also
requires holders of dual nationality to declare their non-Moldovan
citizenship before running, and give it up if they win election.
The Gagauz Christian Turkic minority enjoyed local autonomy in
Gagauzia in the southern part of the country. According to the OSCE and
the Council of Europe, the two rounds of voting for governor of
Gagauzia in 2006 were held in a generally orderly manner and complied
with most international standards.
On March 16, first-round elections for the Gagauzia People's
Assembly took place. Campaigns and voting mostly complied with
international standards for democratic elections. International
observers noted minor problems, including a shortage of ballots at some
polling stations and inconsistencies in applying election rules.
Problems with the mobile ballot box (taken to the homes of persons
physically unable to come to polling stations) occurred in three
constituencies during the March 30 runoff elections; international
observers noted that some letters requesting the mobile ballot box were
written in the same script and that, contrary to law, telephone
requests were accepted.
On April 23, the Comrat court of appeals annulled the results of
the March 30 election in Tomai because of a finding of fraud. An
independent candidate who opposed the PCRM and favored Gagauz Governor
Formuzal had won the March 30 election. Following a repeat election on
May 25, the Gagauz Election Commission challenged the results of the
repeat election, alleging irregularities with the mobile ballot box
during the voting. The PCRM candidate won the May 25 election and was
subsequently seated.
The Gagauz People's Assembly had difficulties electing a speaker,
and the media alleged violations of democratic procedures including
violation of the secret ballot.
During the country's local elections in June 2007, Transnistrian
authorities aggressively blockaded a polling station at the
Transnistrian town of Corjova, which was technically under central
government administration, and beat local councilor Iurie Cotofana and
detained him for 12 hours. Transnistrian authorities subsequently
refused to release details of any charges against him. Police also
arrested mayoral candidate Valentin Besleag and a court later sentenced
him to 15 days imprisonment for ``distribution of propaganda
materials'' in Transnistria.
In Transnistria, authorities interfered with citizens' ability to
vote. Lack of education about voting rights, lack of transparency
regarding the location of polling places, restrictions on media,
widespread progovernment propaganda, and complex rules for transferring
one's right to vote to one's district of residence interfered with
residents exercising their right to vote. Since most election
monitoring organizations did not recognize Transnistria or its
elections, international monitoring was conducted only on an informal
basis by Russian NGOs, and it was difficult to determine whether
Transnistrian elections met international standards.
During the 2006 Transnistrian ``presidential'' elections,
authorities interfered with the electoral process and there were
indications of vote-rigging. Igor Smirnov was reelected ``president''
after receiving 82.4 percent of the vote according to official results,
while exit polls indicated that he received 63.3 percent of the vote.
Although three candidates ran for office, authorities denied
registration to a fourth candidate, Andrei Safonov, alleging that some
of his signatures of support were forged.
Transnistrian authorities also interfered with the ability of
Moldovan citizens living in villages under Transnistrian control to
vote in Moldovan elections. Transnistrian residents were expected to
vote in the 2005 and 2006 Transnistrian elections, but in one case an
individual was unable to stand freely as a candidate, while authorities
prevented the tightly controlled media from reporting freely on
candidates or issues.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement these laws effectively, and corruption was reported by
various NGOs and international organizations to be pervasive throughout
government and society. A Transparency International survey released on
April 22 revealed that 39 percent of rural citizens and 53 percent of
business people said they gave bribes to customs officers, police,
medical and educational institutions, fiscal inspectors, courts, or
utility meter-readers.
Corruption in the educational system was also widespread. The law
penalizes university rectors, deans, and chairs for acts of corrupt
practices including grade buying and influence peddling, with fines or
imprisonment of two to seven years. However, the law does not apply to
professors and lecturers. Teaching regulations from the Ministry of
Education and Youth fail to address corruption explicitly, and the
bylaws of the country's major universities do not provide sanctions for
cheating or bribery.
The Government acknowledged that corruption was a major problem and
established special law enforcement agencies, such as the Center for
Combating Economic Crimes and Corruption (CCECC), and judicial units to
fight corruption; NGOs asserted that authorities used these units to
harass political opponents.
During an April 22 news conference, a Ministry of the Interior
official stated that the head and deputy head of the ministry's
antinarcotics subdivision, the head of the Transport Police Authority,
and nine district commissars and police officers had been reprimanded
for inefficient work in fighting sales of illegal narcotics.
During the first 11 months of the year, the PGO recorded 233 cases
of bribery, 27 allegations of active corruption, and 175 cases of
passive corruption, and initiated nine criminal cases based on these
allegations. During the year, the PGO reported that 59 criminal
investigation officers, 44 public servants, eight customs officers, and
86 other persons were convicted of corruption-related charges.
Punishments ranged from imprisonment to fines to community service.
Although the law provides for free public access to official
information, implementation remained incomplete. According to a 2006
Freedom House report, 82 percent of ministries and state agencies
provided required information. By contrast, only nine percent of town
halls, 24 percent of local police stations, and 25 percent of courts
responded to requests for information. NGOs complained that gaining
access to information required repeated, often unsuccessful, requests
to authorities. Court decisions ordering release of information were
not implemented fully or in a timely manner.
Section 4. 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 contrast to previous years, the International Organization for
Migration (IOM) and other local antitrafficking organizations reported
that government ministries significantly improved cooperation with NGOs
in providing assistance in the repatriation of victims, their secure
reception at ports of entry, and rehabilitation upon return.
During the year police prevented members of Hyde Park, an NGO which
defends freedom of expression, from holding public protests, and police
detained several Hyde Park members when they gathered to test
implementation of the new law on public assembly, which provides the
right to gather without authorization from the local authorities.
In March parliament organized public hearings on ECHR decisions
against the country and issued a statement noting that the Government
failed to ensure the observance of human rights or sanction public
officials whose activity led to violations of human rights and
fundamental liberties. Parliament also criticized the lack of action by
the Superior Council of Magistrates and the Supreme Court of Justice
against judges who made rulings that were inconsistent with the law.
In Transnistria, authorities continued to impede activities of
human rights groups. For example, the migration service of the
``ministry of interior'' frequently blocked entry into the region by
NGOs seeking to meet human rights counterparts and contacts.
On February 22, Transnistrian police arrested and interrogated Igor
Gavrilov, director of the NGO Accord Travel, for illegally downloading
NGO-related documents. Although Transnistrian authorities registered
the organization in November 2007, they warned the organization to halt
its activities on various occasions.
While the Government continued to cooperate with the OSCE,
Transnistrian authorities frequently limited OSCE access to the
separatist region, including the four- to eight-mile security zone
dividing Transnistria from the rest of the country. In August 2007
authorities in Transnistrian-controlled Bender forced the OSCE to close
its regional office in the city without explanation. Authorities also
intimidated property owners to prevent them from renting new office
space to the OSCE. In September 2007 the OSCE found office space near
Bender in a building not under Transnistrian control.
The law provides for four parliamentary ombudsmen who make up the
independent Moldovan Human Rights Center (MHRC). Parliament appoints
the ombudsmen to examine claims of human rights violations, advise
parliament on human rights problems, submit legislation to the
constitutional Court for review, and oversee MHRC operations. MHRC
personnel also provided training for lawyers and journalists, visited
prisons, made recommendations on legislation, and organized roundtable
discussions.
In July 2007 parliament enhanced the powers of the ombudsmen,
granting them authority to independently select the places and persons
they visit and to use audiovisual equipment and the assistance of
specialists such as physicians, lawyers, and NGOs. In March parliament
increased the number of ombudsmen from three to four, with one
concentrating on children's rights.
On March 3, parliament criticized the MHRC for its failures to take
more vigorous actions on human rights violations. According to NGOs,
cumbersome and non-transparent procedures for appointing new ombudsmen,
after one died and the terms of two others expired, created uncertainty
and impeded the MHRC's ability to function effectively.
In 2006 the MHRC reported receiving 1,913 petitions (1,008 of which
came from prisoners) and granting 1,715 interviews. The MHRC also
received more than 6,000 calls to its hot line and hits on its Web
site. The MHRC reported little or no progress in improving access to
justice and a fair trial or executing of court decisions, and no
improvement in prison conditions.
In Transnistria, authorities continued to control and intimidate
NGOs by ``inviting'' NGO representatives to meetings with security
officials and pressuring landlords not to renew leases for office
space. Authorities restricted NGOs to providing legal advice and other
assistance on apolitical programs, such as domestic disputes, access
for the handicapped, and pension rights.
Although Transnistrian authorities no longer prohibited NGOs
operating in Transnistria from receiving private funds, the authorities
encouraged NGOs to cooperate with Russian, Abkhazian, and South
Ossetian organizations, rather than western NGOs and those operating in
the rest of Moldova.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
or social status; however, the Government did not enforce the law
effectively. Trafficking in persons and societal discrimination against
women and some ethnic minorities, particularly Roma, were serious
problems.
Women.--The law criminalizes rape or forcible sexual assault;
penalties range from three years to life in prison. On September 18,
the Law on Preventing and Combating Domestic Violence came into effect.
The new law defines domestic violence as a criminal offense, identifies
appropriate punishments for perpetrators, defines mechanisms to obtain
restraining orders against abusive individuals, and addresses spousal
rape. The law extends protection to unmarried individuals and children
of unmarried individuals. It also contains a number of important
provisions, such as the possibility of granting protective orders
obliging the perpetrator to stay away from the victim; cooperation
between public administration and civil society organizations; the
protection of the security of the victim as a human rights principle;
and the possibility for third parties to file complaints. According to
the local NGO La Strada, there are no standards for the quality of
services, or for the identification, assessment or monitoring of cases
of domestic violence.
Rape remained a problem and there were no specific government
activities to combat rape. During the first eleven months of the year,
249 cases of rape were reported to the MOI. Of that number, 147 cases
were prosecuted. NGOs believed that many rapes were not reported.
Domestic violence against women and spousal abuse remained
widespread problems. Although a law to combat domestic violence entered
into effect in March, the Government had not yet adopted effective
mechanisms to enforce the law.
A survey conducted during the year indicated that at least 40
percent of women in the country had been victims of a violent act at
least once in their lifetime. Domestic violence was closely linked to
the problem of human trafficking, as local NGOs reported that at least
80 percent of trafficking victims had previously been victims of
domestic violence.
Victims of domestic violence generally endured in silence, as the
problem received little recognition from government, society, or women
themselves. Unless such violence resulted in serious injuries, it was
accepted as a normal aspect of private life by both men and women and
not considered a problem warranting legal intervention.
Women's groups continued to assert credibly that incidents of
spousal abuse were underreported. According to the MOI, 2,519 cases of
spousal abuse were reported in 2007; in 2006, 2,855 domestic violence
complaints were reported. The actual numbers were believed to be much
higher.
The Government supported education efforts, usually undertaken with
foreign assistance, to increase public awareness of domestic violence
and to train public and law enforcement officials in ways to address
the problem. The city of Chisinau operated a women's shelter for
victims of domestic violence. Private organizations operated services
for abused spouses, including a hotline for battered women. Access to
such assistance remained difficult for some. Local NGO La Strada
reported in 2007 that because of cultural concerns, a large majority of
domestic violence victims interviewed did not request assistance for
specialized services.
Violence against women and within the family was a widespread
phenomenon. Following a July visit, the UN special rapporteur on
violence against women noted that government officials and public
authorities did not recognize violence against women as a systemic
problem; rather, they treated such assaults as a single law enforcement
event. Police failed to intervene effectively in cases of violence
against women. There was insufficient care available for victims and
only one shelter where victims and their children could seek refuge.
In Transnistria, there is no law prohibiting violence against
women.
Prostitution is punishable by a fine of 50 to 75 euros
(approximately $65 to $97) or administrative arrest for up to 20 days.
Pimping is a crime with penalties ranging from two to seven years in
jail. Advertising prostitution in the media is punished with a fine of
150 euros ($195).
Sex tourism existed, and the Government failed to implement laws or
programs to prevent it. The IOM worked to raise awareness of the
problem among hotel staff and owners.
Trafficking in women for commercial sexual exploitation was a
serious problem.
The law does not prohibit sexual harassment, but it was a common
problem.
Although the law provides for full gender equality, in practice,
women experienced high levels of unemployment and were concentrated in
poorly paid jobs. According to an EU report released on April 3, the
country's implementation of a 2006 law on equal opportunities for men
and women was slow. Women also encountered strong patriarchal attitudes
and deep-rooted stereotypes that served to perpetuate the subordinate
position of women in the family and in society.
Children.--The Government remained committed to improving
children's rights and welfare; however, conditions for children in the
country remained difficult.
Primary education was free and compulsory until the ninth grade,
although many inadequately funded schools, particularly in rural areas,
charged parents for school supplies. While not illegal, such fees
contradicted the Government's policies and resulted in some parents
keeping their children at home. Government and local authorities
provided annual assistance of 300 lei ($29) to children from vulnerable
families for school supplies.
The law prohibits child neglect and specific forms of abuse, such
as forced begging; however, child abuse was believed to be widespread.
According to the Ministry of Social Protection, Family, and the Child,
during the first five months of the year, the ministry received over
100 reports of children as victims of sexual violence. During the first
11 months of the year, law enforcement agencies registered 459 reports
of crimes against children including 118 reports of sexual abuse and 22
reports of serious bodily injuries to children. The MOI was responsible
for investigating and prosecuting cases involving child sexual abuse
receiving reports of child sexual violence. Although the ministry's
Department of Minors and Morals maintained statistics on the extent of
the problem, the department declined to release those statistics.
The Ministry of Social Protection, Family, and the Child stated
that protection of children was hampered by problems including:
inadequate victims' services, lack of reliable data tracking, and
insufficient legal mechanisms to prevent such abuse or to provide
special protection to victims. According to the ministry, over 25
percent of minors admitted to being beaten by their parents, 20 percent
said they experienced parental verbal abuse, and over 15 percent said
they lacked food and care. Approximately 10 percent of parents admitted
to emotionally or physically abusing their children.
From March 10-14, the Government hosted and participated in a
regional conference against child exploitation that focused on fighting
child pornography, sex tourism, and other forms of exploitation.
Participants from five countries discussed the growing problem of
Internet distribution of child pornography and recognized deficiencies
in laws that otherwise could be used to combat child pornography and
sexual exploitation of children.
Trafficking of children for the purpose of commercial sexual
exploitation and begging remained a serious problem. According to the
Center for Combating Trafficking in Persons (CCTIP), 28 minors were
trafficked in the first 10 months of the year. The actual numbers were
believed to be much higher. Police forwarded 19 cases to prosecutors,
and prosecutors referred 11 to courts for trial.
Conditions for children in orphanages and other institutions
remained generally very poor. Underfunding caused major problems such
as inadequate food, ``warehousing'' of children, lack of heat in
winter, and disease. In its 2006 report, the MHRC stated that 85
percent of 10,350 institutionalized children were not orphans; one or
both parents were living, and had entrusted their children to
institutions because of poverty or departure to work abroad.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons and provides for criminal penalties; however, trafficking
was a serious problem, and the country remained a major source, and to
a lesser extent, country of transit, for trafficked persons,
particularly women and girls for sexual exploitation and labor.
Women and children were trafficked for sexual exploitation to
Turkey, Israel, the United Arab Emirates, Ukraine, Russia, Cyprus,
Greece, Albania, Romania, Hungary, Slovakia, the Czech Republic,
Austria, France, Italy, and Portugal. Men and children were trafficked
to Russia and neighboring countries for forced labor and begging. The
trafficking of men for work in the construction, agriculture, and
service sectors is an increasing problem. Of the approximately 900,000
citizens working abroad, slightly under one percent were believed to be
victims of trafficking.
The country was to a lesser extent also a transit point for
trafficked victims from Ukraine. There were reports of some internal
trafficking of girls from rural areas to Chisinau.
Some victims were trafficked through false newspaper advertisements
promising well-paying jobs abroad. NGOs working with trafficking
victims noted that, in recent years, face-to-face contact, most
frequently with friends or relatives who have worked abroad, had become
the leading means of recruitment. The International Labor
Organization's (ILO) program for the elimination of child labor
reported that in many cases traffickers of children were Roma.
Victims were transported across borders by car, van, train, or on
foot. Sometimes false documents were used, but increasingly victims
traveled willingly by plane with genuine documents, believing that they
were headed for legitimate jobs. Some of the principal traffickers were
travel and employment agencies. During the first nine months of 2007,
the MOI reported that it conducted 62 raids to inspect 195 travel and
employment agencies; it withdrew the licenses of 14 (six travel and
eight employment agencies) for suspected trafficking. Fines were levied
amounting to 61,900 lei (approximately $5,951).
The law provides criminal penalties for trafficking ranging from
seven years to life imprisonment, depending on the circumstances and
severity of the offense.
International organizations and NGOs working with trafficking
victims noted a significant decrease in trafficking for commercial
sexual exploitation and a possible decrease in trafficking overall. In
2007 the IOM registered 273 new trafficking cases compared to 295 in
2006 and 265 in 2005. Women and girls made up the bulk of the IOM
beneficiaries. A majority of assisted victims in 2007 were trafficked
for sexual exploitation, 63 percent of all victims, down from 82
percent in 2005. Trafficking for labor increased from 9 percent of all
cases in 2005 to 22 percent of cases in 2007. The Government claimed
that trafficking overall was decreasing as a result of better
cooperation between government agencies, law enforcement, NGOs and
international organizations.
On May 23, the Chisinau court of appeals sentenced Alexandru Covali
to 21 years in prison for human trafficking, including trafficking in
children and pimping in Moldova, Romania, and Ukraine from 2001 to
2006. Police rescued and identified 24 teenage girls, including 11
minors. Four of Covali's accomplices received sentences ranging from
four to 20 years.
According to a November CCTIP report, judicial authorities and
police opened 201 trafficking cases during the first 10 months of the
year. Of these, 133 cases were referred to prosecutors, who sent 77 to
courts for trial. Additionally, authorities opened 28 cases of
trafficking in children, and forwarded 19 to prosecutors, who sent 11
to court for trials.
On July 8, the Cahul Court of Appeals convicted six members of a
trafficking network to 21 to 23 years in prison. The defendants were
found guilty of organizing, creating, and leading a network of
traffickers in Moldova, Turkey, and Ukraine. They were also found
guilty of recruiting 16 girls, half of whom were minors.
During the first 11 months of 2007, the MOI registered 507
trafficking cases. During the first quarter of the year, the MOI
registered 214 trafficking cases, a 23 percent increase compared to the
same period in 2007. Of these, 100 criminal cases went to the court,
and 35 persons were convicted and sentenced.
There were continued anecdotal reports that both low- and high-
ranking government officials, as well as border guards and police
officers, were involved in trafficking. International organizations and
foreign governments criticized the Government for making insufficient
efforts to investigate, prosecute, convict, and sentence complicit
officials. During the year the Government increased its efforts to
address allegations of officials' complicity in trafficking. The PGO
began criminal investigations into allegations that former MOI
antitrafficking employees protected some criminal networks under
investigation. For example, prosecutors investigated allegations that
former ministry employees received bribes in exchange for protecting
members of the Covali group convicted on June 20.
On June 30, President Voronin accused the CCTIP of having a poor
record, stating that some of its employees protected criminal schemes
that trafficked citizens abroad and failed to file or close cases in
exchange for monetary compensations. On July 16, the president
appointed a new CCTIP director and temporarily suspended CCTIP staff,
pending reinvestigation of employees. On September 11, the Government
announced the restructuring of the center, increasing total staffing to
105 employees from 63. Of the 63 staff members investigated, only 18
elected to stay or were retained. One of the staff members who left was
being investigated for possible corruption.
The MOI also reported that in the first 10 months of 2007, it
investigated and closed 33 illegal migration and trafficking networks.
Of that number, 18 trafficked for sexual exploitation, two for labor
exploitation, one for begging, and two for internal pimping.
The Government had few programs to assist victims, in part because
of limited resources. During the year the Government increased hiring
of social workers to focus on vulnerable populations, created a pilot
program for the referral of trafficking victims to protective services,
and approved an antitrafficking action plan stipulating allocation of
funds for NGOs. On August 7, the Government approved a new regulation
on the repatriation of trafficked persons and victims of illegal
migration, with special provisions for minors, victim protection,
rehabilitation, and monitoring.
The Government continued to rely primarily on NGOs and
international organizations for victim assistance and actively
cooperated with NGOs. Several NGOs offered repatriation assistance,
temporary housing, medical care, and job training for victims. The NGO
Save the Children worked with trafficking victims, particularly
repatriated girls. Local NGO La Strada provided informational and
educational services as well as a national toll free hot line. The IOM
continued a public information program aimed at helping citizens going
abroad to avoid exploitation. Local NGOs also operated public school
programs to educate young women about the dangers of prostitution.
There were reports of a significant amount of trafficking from and
through the separatist region of Transnistria. The only major effort in
the region to fight trafficking and provide assistance to victims was
by the local NGO Interaction. According to Interaction, which operated
a hotline, the group received 664 calls during the first six months of
the year. Five hundred were for information on the legitimacy of
foreign job offers, and 106 were emergency calls. Interaction also
provided emergency assistance, help in resettlement, and psychological
counseling to victims, close to half of whom were ages 16-18.
Authorities in Transnistria neither helped nor hindered Interaction's
activities.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities; however, the
Government generally did not enforce the law. The local NGO Gaudeamus
reported continued widespread discrimination against students with
disabilities.
Although national strategies existed for reforming the residential
child care system, and rehabilitating and integrating persons with
disabilities, the Government lacked funds to implement them.
Government regulations mandate access to buildings for persons with
disabilities; however, few government resources were devoted to
training persons with disabilities. The Social Assistance Division in
the Ministry of Social Protection, Family, and Child, and the National
Labor Force Agency are responsible for protecting the rights of persons
with disabilities.
On June 10, the deputy minister of the Ministry of Social
Protection, Family, and Child stated that the numbers of persons with
disabilities in the country was growing, totaling over 170,000. ILO
attributed this increase to greater public awareness. She noted that
government assistance to persons with disabilities did not satisfy
their needs. The director of the Center for Services for Students with
Disabilities stated that the structure of educational institutions and
the lack of materials for teaching the deaf and blind were examples of
the failures to meet the needs of persons with disabilities.
In Transnistria, children with special educational requirements
rarely attended school and lacked access to specialized resources for
children with special needs.
National/Racial/Ethnic Minorities.--Roma suffered violence,
harassment, and discrimination. Romani NGOs reported that Roma were
denied medical services, were told that promised jobs are already
filled when they reported to employment centers, and were subjected to
arbitrary arrests. Roma were the country's poorest minority group and
continued to live in unsanitary conditions in segregated communities
lacking basic infrastructure. These conditions often led to segregated
education and schools with even fewer resources than existed elsewhere
in the country. Many Romani children did not attend school, very few
received a secondary or higher education, and the Government did not
provide education in the Romani language. Romani NGOs estimated that 80
percent of Romani children were illiterate. According to a 2007 UNDP
report, 43 percent of Romani children between the ages of seven to 15
did not attend school, compared to approximately 6 percent of non-
Romani children.
Official statistics put the number of Roma at 11,600. However,
Romani NGOs estimated it to be 200,000, arguing that government census
forms allowed persons to only identify with one ethnic group, and that
many Roma declined to identify themselves as Roma.
In Transnistria, authorities continued to discriminate against
Romanian speakers. Under a temporary arrangement, eight Romanian-
language schools were allowed to use the Latin script for instruction.
School employees complained that the arrangement, which applied to all
Romanian-language schools, could be rescinded arbitrarily at any time
by the authorities. Libraries did not stock books in Latin-script
Romanian. Approximately 5,000 children attend eight Latin-script
Romanian-language schools in Transnistria.
On August 8, Transnistrian police in Dubasari summoned the director
of the Romanian-language Harmatca school after an NGO initiated a
fundraising drive to repair the building and prepare it for the
upcoming school year. Police interrogated him about the July
fundraising events and prohibited him from participating in the
campaign to collect funds and equipment. Police also threatened and
intimidated other school officials.
At year's end negotiations between the central government and local
Transnistrian educational authorities on the operation of Romanian-
language schools had not resumed, nor was there progress on returning
the confiscated school buildings of the Evrica high school in Ribnita
and the Stefan cel Mare high school in Grigoriopol. The Evrica high
school continued to meet in temporary quarters rented from a local
steel plant after authorities confiscated its building just after the
central government finished construction in 2004. The central
government provided Grigoriopol students with transportation and
facilities in the government-controlled town of Dorotcaia.
In contrast to previous years, there were no reports that nonwhite
foreigners were denied entry into Chisinau businesses because of their
ethnic origin.
Other Societal Abuses and Discrimination.--There were reports of
governmental and societal discrimination based on sexual orientation.
According to the gay rights NGO GenderDoc-M, lack of community
recognition, negative media portrayals, and condemnation by the
Orthodox Church often led to public ostracism of gays, lesbians,
bisexuals, transgendered persons, and their families.
During the year public officials spoke out against homosexuality.
In a speech before parliament on May 15, deputy speaker Iurie Rosca
stated that Moldovans should respect personal privacy and the freedom
to choose sexual orientation, but reject ``public displays'' of
homosexual behavior. He noted that parades and such ``public displays''
have a negative impact on children's psychic and moral development.
During a May 11 protest organized by GenderDoc-M, security forces
observed from a distance as hundreds of people aggressively blocked the
bus carrying GenderDoc-M participants. Police failed to address
emergency calls from the participants. According to one participant who
called the police emergency line, a police officer said: ``Yes, we know
you are being attacked; what do you want us to do about it?'' Although
the Chisinau mayor's office initially approved the group's plan for the
march, on May 9 Mayor Dorin Chirtoaca withdrew permission, claiming
that he did so to avoid violence.
In Transnistria, homosexuality is illegal, and gays and lesbians
were subject to governmental and societal discrimination.
Several NGOs reported instances of discrimination against persons
with HIV/AIDS, particularly in rural villages.
The NGO Pacifists without Borders accused military centers and
conscription commissions of violating the rights of the persons who
have reached the age of conscription for military service (18). The NGO
stated that, to reach its conscription targets, military centers and
conscription commissions declared some young men were physically and
mentally fit for conscription without medical exams and without taking
into account their beliefs and values.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers the right to
form and join independent unions; however, this right was not respected
in practice. Approximately 50 percent of the workforce was unionized.
The law also provides for the right to strike, except for government
workers and workers in essential services such as law enforcement.
Healthcare providers and public utility employees were not allowed to
strike during duty hours. Workers exercised this right by conducting
legal strikes during the year. The law provides for the right for
unions to conduct their activities without governmental interference;
however, the Government did not always respect these rights in
practice.
In June 2007 the Trade Union Confederation of Moldova (TUCM) and
the Confederation of Free Trade Unions Solidaritate (Solidarity) merged
to form the Moldova National Confederation of Trade Unions (MNCTU).
Although the two organizations were at odds and Solidarity was believed
to enjoy government support, the merger took place without complaint by
members of either organization.
During the year, the Government refused to register a trade union
association. On February 3, delegates from 30 workplace organizations
convened in Chisinau to establish the Trade Union Association of Public
Administration and the Civil Service. However, the Ministry of Justice
refused to register the new trade union, asserting that the district
organizations of the 30 entities had not been registered. Labor rights
groups noted, however, that the law requires only national registration
and makes no provision for registration of district trade union
associations. After several court cases and appeals, on November 12 the
Supreme Court declared that the ministry's refusal to register the
union was legal. Without registration, the union lacked legal
personality, and therefore could not operate. This decision was
criticized by the International Trade Union Confederation and other
international and domestic labor rights organizations.
On February 14, unknown assailants set a fire outside the home of
labor activist Grigore Slanina, a leader of the Trade Union Association
of Public Administration and Civil Service. Slania had previously
received anonymous threats.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining and the right to organize; however,
the Government did not always respect these rights in practice.
The law does not stipulate penalties for violating trade union
rights. As a result, prosecutors may reject appeals by trade unions
against antiunion behavior by employers and the Government; violations
of the trade union law remained unpunished.
There are no special laws or exemptions from regular labor laws in
export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, with exceptions. The laws and a government
decision encourage compulsory labor by allowing central and local
authorities as well as military bodies to mobilize the adult population
under certain conditions, and use such labor to develop the national
economy. However, the Government did not use this provision during the
year. Men, women, and children were trafficked for commercial sexual
exploitation and labor.
The law prohibits forced or compulsory child labor. However, there
were anecdotal reports that such practices occurred, particularly in
the countryside during the harvest season when some children were
compelled to work in fields. According to the Labor Inspection Office
(LIO), no cases of forced labor or forced child labor were discovered
in the 2006-07 period.
d. Prohibition of Child Labor Practices and Minimum Age for
Employment.--Although 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, the Government did not
effectively enforce these protections. Child labor was a problem.
Because of poor economic conditions, parents often sent children to
work in fields or to find other work, and those children living in
rural areas often assisted in the agricultural sector. According to a
2007 ILO report, two-thirds of rural children were engaged in farm work
by the age of 14. There were also reports that farms and agricultural
cooperatives signed contracts with school directors to have students
help with harvesting during the high season in autumn; the children
were paid for the work.
A 2006 UN Children's Fund study on intrafamily violence found that
four out of 10 children between the ages of 10 to 16 were unable to
complete their homework, rest, or participate in social activities with
friends because their families forced them to engage in house and farm
work after returning from school.
The minimum age for unrestricted employment was 18 years. Persons
between the ages of 16 and 18 were permitted to work under special
conditions, including shorter workdays, no night shifts, and longer
vacations. Children aged 15 were permitted to work if they obtain
written permission from a parent or guardian. According to figures
gathered by the ILO from the National Bureau of Statistics, there were
7,100 persons under the age of 18 in the workforce, or approximately 1
percent of all workers. However, these figures likely understated the
problem because labor inspectors visited only 4 percent of all
companies. The Government did not track the number of children under 15
who were employed.
There were reports that children were trafficked within and to
points outside the country for commercial sexual exploitation, labor,
and begging. The law provides for 10 to 15 years' imprisonment for
persons involving children in the worst forms of child labor; under
aggravated circumstances, the sentence could be life imprisonment.
Efforts to enforce child labor laws did not deter violations. The
most common violations involving persons under 18 involved failure to
issue work contracts, illegal overtime, scheduling work during school
hours, and underpayment or nonpayment of wages. In 2007 the LIO
reported that, of 371 child labor cases it investigated, 298 cases
concerned hazardous conditions of work. Fifteen of these cases were
deemed abusive and involved children working cultivating mushrooms,
assembling boxes for agricultural goods, and smoking fish. The cases
classified as nonabusive but hazardous involved children working
without medical checks; children working evenings, late, or extended
hours; and children under the age of 16 working without parental
consent. Children also worked illegally in the production of factory
goods such as clothing, toys, and automobile electrical parts. Children
also commonly worked in theaters, car washes, and in carpentry,
agriculture, trade, and transportation.
In December 2007 the Moldovan Council of the National Federation of
Employers in Agriculture and Food Industry adopted a code of conduct
for eliminating the worst forms of child labor in the agriculture and
food industry.
e. Acceptable Conditions of Work.--The legal minimum monthly wage
was 400 lei ($38) per month. According to the National Bureau of
Statistics, the average gross salary was 2,609 lei ($251) per month as
of October. The Government estimated that the minimum living wage was
1,315 lei ($126). Average disposable income was only 1,094 lei ($105)
per month. The LIO is responsible for enforcing the minimum wage. The
Government as well as private sector employers often did not pay wages
on time.
In 2007 the LIO performed 6,362 checks on state and private
workplaces, representing 4 percent of all enterprises in government-
controlled areas. Through visits and complaints from the public, LIO
registered 63,728 violations of labor laws. Only 78 of these violations
were forwarded to the law enforcement bodies. In 2007 the LIO found 140
illegal workers at 40 enterprises.
On July 2, the new labor code entered into force. According to the
code, work contracts must be concluded even by private farmers, who
have to register their contracts with the mayor's office and send
copies to the local labor inspectorate. However, there were no reports
of such contracts being entered into, and the central government did
not have a mechanism in place to monitor compliance with this
requirement.
A thriving labor black market accounted for a majority of the
country's economic activity. Analyst Veaceslav Ionita estimated that
there was a turnover of some 50 billion lei (approximately $4.8
billion) in the black labor market and that, while official statistics
indicated only 620,000 persons of the 2.3 million labor force were
officially employed, over 1.2 million persons were actually working.
The law sets the maximum workweek at 40 hours with extra
compensation for overtime, and the law provides for at least one day
off per week. LIO field visits led to the sanctioning of violations
when discovered, but staff and funding deficiencies limited the
frequency of such visits. While the country had few foreign or migrant
workers, the law provides equal status to foreign and domestic workers.
The Government is required to establish and monitor safety
standards in the workplace, and the LIO was responsible for enforcing
health and safety standards. For example, during the first four months
of 2007, the LIO conducted 2,001 health and safety inspections. The PGO
accused the LIO of limiting its activity to finding violations, while
failing to undertake measures necessary to ensure future compliance.
Monitoring carried out by prosecutors revealed that the most frequent
violations related to citizens' rights to work (including reasonable
conditions of work and right to a paid vacation), payment and labor
protection, and social and medical assistance.
In April the Government expanded a list of hazardous jobs for which
employees receive small amounts of additional compensation. According
to the LIO construction, transportation, and agricultural sectors tend
to be the most dangerous.
The law provides workers the right to refuse work if conditions
represent a serious health or safety threat; there were no reports that
workers exercised this right in practice. Poor economic conditions led
enterprises to economize on safety equipment and provide inadequate
attention to worker safety.
__________
MONACO
The Principality of Monaco, with a population of some 35,000, is a
constitutional monarchy in which the sovereign prince plays a leading
role in governing the country. The prince appoints the four-member
government, headed by a minister of state chosen from a list of
candidates proposed by France. The other members are the counselor for
the interior, the counselor for public works and social affairs, and
the counselor for finance and the economy. Legislative power is shared
between the prince and the popularly elected 24-member National
Council. The most recent National Council election was conducted on
February 3 and was considered free and fair. Civilian authorities
generally maintained effective control of the security forces.
The Government generally respected the human rights of its
citizens, and the law and the judiciary provided effective means of
dealing with individual instances of abuse. However, citizens did not
have the right to change their government.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
there were no reports that officials employed them.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards. The Government permitted visits
by human rights monitors.
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 force and the
Carabiniers du Prince. The Government has effective mechanisms to
investigate and punish abuse and corruption. There were no reports of
impunity involving the security forces during the year.
Arrest and Detention.--Arrest warrants are required, except when a
suspect is arrested while committing an offense. The police must bring
detainees before a judge within 24 hours to be informed of the charges
against them and of their rights under the law. Most detainees are
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. The magistrate may extend the initial two-
month detention for additional two-month periods indefinitely. The
magistrate may permit family members to see detainees, and it is
customary for magistrates to do so.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice. Under the law, the prince delegates
his judicial powers to the judiciary.
Trial Procedures.--The law provides the right to a fair public
trial, and an independent judiciary generally enforced this right. As
under French law, in criminal cases a three-judge tribunal considers
the evidence collected by the investigating magistrate and hears the
arguments made by the prosecuting and defense attorneys. The defendant
enjoys a presumption of innocence and the right of appeal. The
defendant has the right to be present and the right to counsel, at
public expense if necessary. Defendants have the right to question
witnesses against them and to present their own witnesses. Defendants
and their attorneys have access to government-held evidence relevant to
their cases. After prisoners receive a definitive sentence, they are
transferred to a French prison to serve out their terms.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The principality has an
independent and impartial judiciary for civil matters, and there is
access to a court to bring lawsuits seeking damages for, or cessation
of, a human rights violation. Administrative remedies are available for
alleged wrongs, and are regularly used by plaintiffs.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights. The penal code, however, prohibits public
denunciations of the ruling family, a provision that the media
respected in practice. The independent media were active and expressed
a wide variety of views without restriction.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by electronic
mail. Internet use is widespread, supported by an advanced and robust
telecommunications infrastructure.
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.
Outdoor meetings require police authorization, but there were no
reports that police withheld authorization for political or arbitrary
reasons. Formal associations must be registered and authorized by the
Government, and there were no reports that the Government withheld
registration for political or arbitrary reasons.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice. Roman
Catholicism is the state religion. The Government denies permission to
operate to religious organizations found on the French Interministerial
Mission for Monitoring and Combating Cultic Deviances (MIVILUDES)
``cult'' list, but there were no reports of any registration
applications being received or denied during the year.
There is no law against proselytizing by religious organizations
that are formally registered by the Ministry of State; however,
proselytizing was strongly discouraged and no missionaries operated in
the principality.
Societal Abuses and Discrimination.--There were no reports of
societal violence, harassment, or discrimination against members of any
religious group. The Jewish community is extremely small, and there
were no reports of anti-Semitic acts.
For a more detailed discussion see the 2008 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government was committed to cooperate with the Office of
the UN High Commissioner for Refugees and other humanitarian
organizations in providing protection and assistance to refugees,
asylum seekers, stateless persons, and other persons of concern. All
refugees would be screened by France according to standard Schengen
procedures before entering the principality.
Residents moved freely across the country's open borders with
France. Nationals can lose their citizenship for specified acts,
including if another nationality has been voluntarily acquired or if
military service was accomplished within a foreign army. Only the
prince can grant or restore nationality, but he is obliged by the
constitution to consult the Crown Council on each case before doing so.
The Crown Council, consisting of seven citizens appointed to serve for
a three-year period, meets at least twice a year to deal with the
highest state issues.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for the granting of
refugee and asylum status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol. The
principality depends on bilateral arrangements with France to provide
refugee protection. There were no reported cases of the Government
granting refugee status or political asylum during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The sole authority to change the Government and to initiate laws
rests with the prince. The 1962 Constitution can be revised by common
agreement between the prince and the elected National Council.
Elections and Political Participation.--As head of state, the
prince plays an active role in government. He names the minister of
state (in effect, the prime minister) from a list of names proposed by
the French government. He also names the three counselors of government
(of whom the one responsible for the interior is usually a French
national). Together the four constitute the Government. The law
prohibits public denunciations of the ruling family.
Only the prince may formally initiate legislation, but the 24-
member National Council may propose legislation to the Government. All
legislation and the adoption of the budget require the council's
assent. Elections for National Council members are held every five
years and are based on universal adult suffrage and secret balloting.
National Council elections held on February 3 were considered free and
fair. Several political parties exist, operate freely, and are active
on both the national and municipal level.
There were six women in the 24-member National Council, and two
women in the seven-member Crown Council.
There were no members of minorities in the Government.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption and the Government generally
implemented these laws effectively. There were isolated reports of
government corruption during the year, 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 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
While the Government imposed no restrictions on the establishment
or operation of local groups devoted to monitoring human rights, no
such groups were formed, nor did foreign groups seek to investigate
human rights conditions in the country.
Section 5. 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 prosecutions during the year.
Reported instances of violence against women were rare. Spousal
abuse is prohibited by law, and victims may bring criminal charges
against their spouses.
Prostitution is illegal, and overt prostitution was uncommon,
although it existed to an extent in a well-hidden form. No data was
available as to whether there were any arrests during the year.
Sexual harassment is illegal, and the Government effectively
enforced the law. There were no reports of sexual harassment during the
year.
Although the country has legislated the equality of men and women
in the civil code, there is no institution with a mandate to monitor
gender inequalities. The law governing transmission of citizenship
provides for equality of treatment between men and women who are
nationals by birth.
Women were represented fairly well in the professions, but less
well in business. While no data were available, observers believed that
there was a small-and gradually diminishing-gender pay discrepancy.
Children.--The Government was committed fully to the protection of
children's rights and welfare and had well-funded public education and
health care programs.
Trafficking in Persons.--The law does not prohibit trafficking in
persons; however, there were no reports that persons were trafficked
to, from, or within the country.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--There was no reported governmental or
societal discrimination against persons with disabilities. The law
requires that public buildings provide access for persons with
disabilities, and this goal has been largely accomplished.
Other Societal Abuses and Discrimination.--There were no reports of
violence or discrimination based on sexual orientation or against
persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--By law, workers are free to form and
join independent unions of their choice, but fewer than five percent of
workers were unionized. Relatively few workers, unionized or
nonunionized, resided in the principality. Unions were independent of
both the Government and political parties.
The constitution and law provide for the right to strike; two
strikes at major companies were reported during the year. Government
workers, however, may not strike.
b. The Right to Organize and Bargain Collectively.--The law
provides for the free exercise of union activity, and workers exercised
this right in practice. Agreements on working conditions were
negotiated between organizations representing employers in a given
sector of the economy and the respective union. Collective bargaining
is protected by law; however, it is used rarely. Antiunion
discrimination is prohibited. Union representatives can be fired only
with the agreement of a commission that includes two members from the
employers' association and two from the labor movement. Allegations
that an employee was fired for union activity may be brought before the
labor court, which can order redress, such as the payment of damages
with interest.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced or compulsory labor, including by children, and
there were no reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
minimum age for employment is 16 years; those employing children under
that age can be punished under criminal law. Special restrictions apply
to the hiring, work times, and other conditions of workers 16 to 18
years old. The counselor of government for the interior is responsible
for enforcing the child labor laws and regulations, and they were
effectively enforced.
e. Acceptable Conditions of Work.--The legal minimum wage for full-
time work is the French minimum wage, 8.71 euros per hour
(approximately $11.80), plus a 5 percent adjustment to compensate for
the travel costs of the three-quarters of the workforce that commuted
daily from France. The minimum wage provided a decent standard of
living for a worker and family. Most workers received more than the
minimum.
The legal work week was 39 hours. The Government allows companies
to reduce the work week to 35 hours if they so choose. Health and
safety standards are fixed by law and government decree. These
standards were enforced by health and safety committees in the
workplace and by the Government labor inspector.
Workers have the right to remove themselves from dangerous work
situations without jeopardy to their employment, and the authorities
effectively enforced this right.
__________
MONTENEGRO
Montenegro is a mixed parliamentary and presidential republic with
a population of approximately 630,000. A new constitution, approved by
the unicameral parliament (the Assembly) in October 2007, retained the
country's existing governmental system in which both the Assembly and
the president are elected by popular vote. In 2006, following a
national referendum, the country declared its independence from the
State Union of Serbia and Montenegro. On April 6, Filip Vujanovic, the
candidate of the ruling Democratic Party of Socialists (DPS), won
reelection as president. Observers of the Organization for Security and
Cooperation in Europe (OSCE) and the Council of Europe (COE) stated
that ``nearly all aspects of the election were found to be in line with
international standards for democratic elections.'' Civilian
authorities generally maintained effective control of the security
services.
The Government generally respected the human rights of its
citizens; however, numerous problems persisted, including police
mistreatment of suspects in detention, substandard prison conditions,
abusive and arbitrary arrests, police impunity, lengthy pretrial
detention, delayed and inefficient trials, widespread perception of
corruption in law enforcement agencies and the judiciary, harassment of
journalists, discrimination against the large number of internally
displaced persons (IDPs), discrimination against women, trafficking in
persons, and discrimination against ethnic minorities, particularly
Roma.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
Authorities pursued four cases of alleged war crimes during the
year. In July the Office of the Chief State Prosecutor indicted eight
officers and soldiers of the Podgorica Corps of the former Yugoslav
People's Army (JNA) suspected of killing 23 Albanian civilians in
Kaludjerski Laz near Rozaje during the 1999 NATO intervention. The
Albanians were trying to escape from the war in Kosovo. The Higher
Court of Bijelo Polje detained seven of those charged, and an
international arrest warrant was issued for the eighth. In December the
detainees went on a hunger strike to protest delays in commencing the
trial.
On August 15, the Office of the State Prosecutor indicted six
former soldiers and reservists of the JNA whom they had investigated
for committing war crimes in the Morinj prisoner of war camp. From
October 1991 to August 1992, 169 Croatians captured near Dubrovnik were
detained in Morinj, on Kotor Bay; eight later died, allegedly from
torture. Five suspects remained in custody at the end of the year; one
remained at large. They were charged with torture, inhuman treatment,
and violation of the physical integrity of the Croatian prisoners.
An investigation was pending at year's end into allegations that
seven former military and police personnel committed war crimes against
Muslims in 1992 and 1993 in the Bukovica region in the north of the
country.
The Higher Court in Podgorica completed its investigation of five
police officers alleged to have been directly involved in the 1992
deportation of Muslims to Republika Srpska, where they were later
killed. The case was forwarded to the Special Prosecutor to decide on
further action. There were press reports that the investigation was
expanded to include another four police officials. On November 18, the
private vehicle of Slobodan Pejovic, a former police inspector from
Herceg Novi and a witness in the case, was vandalized. The perpetrators
were not found.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
police at times beat and harassed suspects who were being arrested or
were detained for questioning.
On June 18, the nongovernmental organization (NGO) Youth Initiative
for Human Rights (YIHR) asserted that the number of cases of police
misconduct and politically motivated violence had increased during the
first four months of the year; however, police denied the assertion,
stating that the number accusations of unlawful police conduct
decreased. In a later report, covering September through December, YIHR
noted fewer cases of police misconduct than in their earlier reports.
YIHR also stated that 26 policemen suffered bodily injuries while
performing their duties during the reporting period.
According to information authorities provided to the COE's
Committee for the Prevention of Torture (CPT) for use in preparation of
the initial report on their October visit to the country, 92 cases
involving allegations of torture and abuse were forwarded to the state
prosecutors' offices in 2007. They processed a total of 157, including
cases forwarded in previous years. Of the 92 cases forwarded in 2007,
the prosecutors rejected charges against 34 persons and indicted 30
persons, bringing the total indictments, including some from earlier
years, to 96. The courts decided 46 cases in 2007 and rendered 25
guilty verdicts, nine acquittals, and 12 dismissals for lack of
evidence. Two of the guilty verdicts resulted in prison sentences, five
in fines, and 18 in suspended sentences.
Although there is a legally mandated agency to which citizens may
address complaints of abuse, the Council for Civilian Control of Police
Operations, its actions were limited. Since its establishment in 2004,
it reviewed approximately three hundred citizen complaints and
responded by forwarding its recommendations to police.
Former boxer Aleksandar Pejanovic claimed that police tortured him
while he was in their custody following his arrest for allegedly
assaulting a police officer during an October 13 protest against the
Government's decision to recognize the independence of Kosovo. An
investigation by the police internal affairs unit exonerated the
officers; however, the state prosecutor opened an investigation into
the matter. Press reports of the incident included photographs showing
bruises on Pejanovic's face and body after his release. Following this
incident, Police Director Veselin Veljovic subsequently ordered that
video cameras be installed in the detention units of the police
stations in Podgorica, Bar, Budva, Herceg Novi, Bijelo Polje, Niksic,
Berane, and Pljevlja.
Others charging police abuse included Nenad Ivezic from Podgorica,
who claimed that on April 13, police beat him without cause. The state
prosecutor for Podgorica was investigating the charges at year's end.
Officer Dragan Lazarevic was convicted in the beating of Milenko
Pejanovic from Savnik. The Basic Court of Zabljak sentenced Lazarevic
to two years' probation. At year's end prosecutors were reviewing the
cases of three Budva police officers Milovan Rakocevic, Slobodan
Musovic, and Zoran Jancer found by an internal police investigation to
have used excessive force against Risto Mijanovic, a minor from
Cetinje. The Police Disciplinary Commission had earlier garnished 20
percent of Rakocevic's and Musovic's salaries for the month in which
they committed the offense and exonerated Jancer. The legal proceeding
was pending with the state prosecutor of Kotor.
Trials were underway or pending in a number of cases involving
possible police misconduct, including police officers in Bar Nesko
Jaredic, Veselin Buskovic, Rifat Ramusovic, and Ivica Raicevic who were
charged with beating Predrag Djukic and Ivan Abramovic in a police
station in July 2007. (The state prosecutor also indicted the two
alleged victims for assaulting and inflicting serious bodily injury
upon a police officer.) Two former police officers charged with abuse
of power, extortion, and mistreatment of a flower seller in Herceg Novi
were awaiting trial at year's end. The officers were dismissed in 2007.
On October 30, five members of the Special Police Antiterrorist
Unit Marko Kalezic, Darko Sekularac, Nenad Scekic, Branko Radickovic,
and Milorad Mitrovic were found guilty of mistreating and inflicting
minor injuries on Pjetar Sinistaj, father of two defendants accused of
plotting terrorist attacks on the eve of Assembly elections in 2006.
According to media reports, the prosecutor was considering filing
charges against other members of the police unit involved once a full
investigation was complete.
At year's end, according to media reports, an investigative judge
was reviewing evidence that in 2005 the then-police chief of Podgorica,
Milan Vujanovic, ordered the beating of the prisoners in Spuz Prison
when Montenegrin Special Police raided the prison's detention unit.
Several prisoners were hospitalized with severe injuries.
During the year the Basic Court in Berane opened an investigation
of police officers Ivan Bojovic, Nebojsa Veljic, and Zeljko Devic,
accused of abusing four Kosovo Albanians during their detention in July
2007. The trial had not begun at year's end.
Prison and Detention Center Conditions.--Prisons, especially
facilities for pretrial detainees, were dilapidated, overcrowded, and
poorly maintained. There were some improvements during the year:
detention units in several police stations (Podgorica, Budva, Bar,
Herceg Novi, Niksic, Bijelo Polje, Berane, and Pljevlja) were renovated
and equipped with air conditioning and video surveillance. The
ombudsman and other human rights activists visited these detention
units. Authorities completed construction of two new pavilions in the
main prison in Spuz to house convicted inmates; they also renovated
three existing pavilions, introduced video surveillance, built a local
well, and established resocialization workshops. Prison authorities
stated that funds had been allocated for a new 16,146 square foot
building at Bijelo Polje Prison, located in the northern part of the
country.
On September 5, two NGOs and the victim's mother reported that
police beat and otherwise mistreated detainee Vladana Kljajic in the
female detention unit in Spuz Prison. Prison authorities claimed that
Kljajic broke prison rules and was appropriately disciplined rather
than beaten. Prison authorities filed charges against Kljajic for
assaulting an official, while Kljajic's mother filed charges against
the prison warden.
In contrast to previous years, there were no reports of juveniles
held in the same cells with adult prisoners.
The Government permitted human rights observers, including the
International Committee of the Red Cross (ICRC) and local NGOs, to
visit the prisons and detention units to speak with the prisoners
without the presence of a guard. Both the ICRC and the Helsinki
Committee of Montenegro made repeat visits during the year.
Representatives of the human rights ombudsman's office 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. There were no public reports that police
arrested and interrogated human rights activists.
Role of the Police and Security Apparatus.--The national and border
police were responsible for law enforcement and maintenance of order.
They worked under the supervision of the Interior Ministry and were
generally effective. The National Security Agency (ANB) is a separate
entity within the Interior Ministry. The parliamentary Committee for
Defense and Security held regular meetings with the directors of police
and the ANB. Within the Defense Ministry there is a Department for
Defense, Security, Communication, and Crypto Protection that deals with
intelligence issues.
According to the COE's Commissioner for Human Rights, who visited
the country in June, ``criminal proceedings against law enforcement
officers for extortion of evidence, ill treatment, torture, or abuse of
office happen relatively seldom and are not conducted efficiently.
Verdicts are reached in a small number of reported cases only to be
followed by admonitions, suspended sentences, and fines.'' During the
first nine months of the year, four officers were dismissed and 20
fined for abuse of office and exceeding authority.
Police corruption and inappropriate governmental influence on
police behavior remained problems; the small, close knit society
discouraged the reporting of corruption and facilitated criminals'
access to law enforcement officers. The Interior Ministry's Internal
Affairs Unit took disciplinary measures to address those problems.
The Government, with the help of foreign governments and the OSCE,
provided training for police, security, and customs officers.
Arrest and Detention.--Arrests require a judicial warrant or a
``strong suspicion that the suspect committed an offense.'' Authorities
may detain suspects for up to 48 hours before bringing them before a
judge and charging them. At arraignment the judge makes an initial
determination about the legality of the detention. In practice
arraignment generally occurred within the prescribed period. The law
provides for access to an attorney during this initial period.
Detainees generally had prompt access to family members. There is a
system of bail; however, it was not widely used because citizens could
rarely raise money for bail. The law permits authorities to detain
suspects up to six months before holding a preliminary hearing and
allows a defendant to be detained for up to two years before a verdict
is issued. The law permits up to two years of further detention, a
period that begins when the appeals court vacates the conviction and
returns the case for a new trial in the court of original jurisdiction.
These time limits were generally respected.
Long trial delays, combined with difficulty in meeting conditions
for bail, frequently led to lengthy pretrial detention. The law
prohibits excessive delays by authorities in filing formal charges
against suspects and in opening investigations; however such delays
occurred regularly. Due to the inefficiency of the courts, cases often
took an excessively long time to come to trial, without any apparent
reason, and trials themselves were subject to frequent interruptions.
Pretrial detainees on average accounted for 50 percent of the prison
population. The length of pretrial detention was estimated to be less
than one year in 90 percent of cases. In September there were 409
convicted inmates and approximately 500 detainees.
Amnesty.--On July 29, the Assembly adopted a Law on Amnesty that
authorizes a 25 percent reduction in sentences for certain crimes
committed before May 2006; the law applied to both citizens and foreign
nationals serving their sentences in the country.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, some observers charged that the
judiciary was not always independent and that government officials at
times influenced prosecutors for political and personal reasons. There
were reports that some judges had inappropriate ties to business
leaders or issued tainted decisions out of fear of reprisals, including
the loss of their jobs. Some observers contended that executive and
parliamentary branches, through the process of proposing and adopting
the budget for the courts, could influence the independence of the
judiciary. Some contended that the housing allocations for judges
should be regulated more transparently to eliminate any concerns about
inappropriate influence. Some observers also asserted that the system
of judicial appointments itself contained inadequate protections
against political influence on the judiciary.
Insufficient cooperation between police and prosecutors, a large
backlog of cases, frequently primitive courtroom facilities, and
judicial corruption also remained problems. Cases could take years to
be resolved.
The court system consists of basic courts, higher (district)
courts, commercial courts, an appeals court, an administrative court,
the Supreme Court, and the Constitutional Court.
On August 5, Podgorica Higher Court convicted 17 persons, including
four U.S. citizens, of planning a rebellion against the country with a
view to creating an autonomous region for ethnic Albanians. They were
arrested in a 2006 raid in Tuzi on the eve of parliamentary elections.
Police reportedly found a large stash of weapons and plans to attack
government buildings, and authorities asserted that police had foiled a
terrorist plot. Most of the accused were released briefly following
their conviction, but the court decided to rearrest them pending
appeals. The defendants claimed that they were physically abused during
their initial arrest and were forced to make statements under duress.
On September 15, a Special Department for Suppressing Organized
Crime, Corruption, Terrorism, and War Crimes was established within the
Chief State Prosecutor's Office.
Trial Procedures.--Criminal trials are generally public, but
sessions may be closed during the testimony of a state protected
witness. Defendants have the right to be present at their trials and to
consult with an attorney in a timely manner. Defendants have a right to
an attorney; an attorney is generally provided at public expense when a
defendant is destitute, or following an indictment when the charge
carries a possible sentence greater than 10 years in prison. Defendants
and their attorneys have the right to access government held evidence
relevant to their cases; according to the law, defendants enjoy a
presumption of innocence. Both the defense and the prosecution have the
right of appeal. Although the Government at times influenced the
judiciary, defendants' rights were generally respected and extended to
all citizens.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent judiciary in civil matters. Parties have
brought suits alleging human rights violations and at times prevailed.
On December 26, a settlement agreement was concluded with the
victims and members of their families who sued the Government over the
1992 deportation of Muslims and Bosniaks to Republika Srpska in Bosnia
and Herzegovina, where they were subsequently killed or disappeared.
Under the agreement, 4.13 million euros (approximately $5.8 million)
were allocated to settle 42 cases. The decision came after several
years of litigation in which courts had awarded damages but authorities
had appealed the verdicts, avoiding payment of the awards. According to
the plaintiffs' attorney, the settlement amount was paid.
Approximately 300 cases involving the country were pending before
the European Court for Human Rights (ECHR). Most related to property
restitution, property rights, lengthy pretrial detention, media
freedom, mistreatment by police, violations of the right to a timely
trial, or the right to information.
Property Restitution.--There was no reported progress on the
restitution of church property. The Serbian Orthodox Church accused the
Government of applying the restitution law in a discriminatory manner.
There was no decision in a suit filed by that Church in 2005 with the
ECHR alleging that delays in addressing its claims for property taken
by the Government after World War II were politically motivated. The
Roman Catholic Church and Islamic community also asserted claims to
property in several locations. The Law on Restitution envisages that
separate legislation would govern property confiscated from religious
communities; however, such legislation has not been adopted.
Consequently, religious communities may file restitution claims, but
authorities can take no action on them. The number of unresolved
restitution claims related to religious property was unknown, but the
Ministry of Finance confirmed that all three primary religious
communities (Orthodox, Catholic, and Muslim) had submitted claims.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice. The
law requires the National Security Agency (NSA) to obtain court
authorization for a wiretap; however, some observers believed that
authorities selectively used wiretapping and surveillance against
opposition parties and other groups without court authorization. Many
individuals and organizations operated on the assumption that they
were, or could be, under surveillance.
Citizens could request permission to inspect secret files kept on
them from 1945 to 1989 by the former State Security Service, the
precursor of the NSA. In the first nine months of the year, the NSA
received and granted two such requests.
The NGO Network for Affirmation of the NGO Sector (MANS) filed a
complaint with the Constitutional Court seeking to revoke regulations
in the criminal procedure code that give police direct access to the
databases of mobile telephone providers for use in monitoring potential
criminal activity. MANS asserted that this violates citizens' rights to
privacy; however, police claimed that all types of communications
monitoring had to be approved by the competent prosecutor's office.
Unlike in previous years, there were no reports of evictions of
Roma from illegal settlements.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, there were some
restrictions of freedom of the press in practice.
Individuals could criticize the Government publicly or privately
without reprisal, and there were no reports that the authorities
monitored political meetings or otherwise attempted to impede
criticism.
The print media consisted of private newspapers and a state owned
newspaper that has a national circulation. On July 31, the Government
issued a tender for the sale of 51 percent of its shares of the public
company that published the state owned newspaper and reportedly was
negotiating with a potential purchaser at year's end. A previous tender
failed in 2007 when no company placed a bid. The independent media was
active and generally expressed a wide variety of political and social
views without government restriction. The Government did not restrict
the distribution of foreign publications.
The wide variety of public and private broadcasting media included
a national public radio and television broadcaster, 14 local public
radio and three local public television stations, and 44 private radio
and 21 private television stations. In April the Broadcasting Agency
allocated a set of free radio and television frequencies to commercial
broadcasters through a public tender. According to the Law on
Electronic Communications, which took effect in August, a new Agency
for Electronic Communication and Postal Activity was to take
responsibility for issuing licenses to the broadcasters. Some local and
international observers criticized the Government's decision to replace
a system in which only one member of the Broadcasting Agency Council
was a government representative with one that would be controlled
entirely by the Government.
On May 23, Mladen Stojovic, a journalist of the Serbian daily Danas
and former stringer for Podgorica based daily Vijesti, was attacked by
unidentified persons in his apartment in Bar. Stojovic, who was known
for writing and speaking about the ``football mafia'' in Serbia and
Montenegro, suffered head and body trauma. Police had not reported any
resolution on the case at year's end.
There were developments in two earlier cases. On January 15, the
Podgorica Basic Court gave four year prison sentences to two persons
who confessed to assaulting Zeljko Ivanovic, director of Vijesti, in
September 2007. On May 15, the Higher Court reduced the sentences to
one year. Ivanovic and several eyewitnesses claimed that the convicted
men were not the perpetrators. On September 26, a new trial began for
Damir Mandic, charged in the 2004 killing of the editor of the daily
newspaper Dan, Dusko Jovanovic; the Higher Court overturned his earlier
acquittal on April 2.
Police had not identified the perpetrators or the motives behind
the November 2007 physical assault on Tufik Softic, a correspondent for
the daily newspaper Republika and former editor in chief of public
Radio Berane. There were no arrests in the 2006 attack on Jevrem
Brkovic, a prominent writer, in downtown Podgorica. The attackers
killed Brkovic's bodyguard and inflicted serious injuries on Brkovic,
who speculated that his book, which dealt with cigarette smuggling and
the nexus between politics and organized crime, had provoked the
attack.
Slavoljub Scekic, a police official investigating Jovanovic's death
and other unresolved killings, was himself killed in 2005; the trial of
10 persons indicted for his murder began in March 2007 and was underway
at year's end.
Officials occasionally threatened to bring, or brought, libel suits
against media organizations that accused them of wrongdoing. Some NGOs
warned that criminal libel charges against journalists could deter them
from reporting candidly on events. Criminal libel charges can carry
fines of up to 14,000 euros (approximately $19,600).
Courts tried a number of libel suits during the year. The trial of
Petar Komnenic, a journalist for the weekly newspaper Monitor,
initiated on February 29, continued at year's end. Ivica Stankovic,
president of the Podgorica Higher Court, sued Komnenic over an article
that claimed police secretly wiretapped Stankovic at the request of the
special prosecutor for organized crime because of his alleged
connections with criminals. In August 2007 Court President Stankovic
also sued the editor in chief of Vijesti for defamation in connection
with a May 2007 article alleging that in a closed session of the
parliamentary security committee, the police director named the court
president as one of the judges who obstructed several police
investigations. The trial continued at year's end.
A civil libel suit against Vijesti director Zeljko Ivanovic, the
newspaper's editor in chief Ljubisa Mitrovic, and the newspaper's
publisher Daily Press, continued at year's end. Milo Djukanovic, who
was the leader of the ruling DPS and subsequently became prime
minister, filed the suit in September 2007 demanding one million euros
(approximately $1.4 million) in compensation for his ``damaged dignity
and mental suffering.'' The suit was filed after Ivanovic told
reporters he thought Djukanovic had arranged the physical attack on him
in retaliation for Vijesti's negative coverage of alleged corruption
and mafia influence. On May 19, the Podgorica Basic Court found
Ivanovic and Daily Press guilty of defaming Djukanovic and fined them
20,000 euros (approximately $28,000) while Mitrovic was acquitted. A
June 2 appeal to the Higher Court was pending. Vijesti's owners charged
that the lawsuit represented an attempt by Djukanovic to suppress
freedom of expression.
In a separate case, on December 3, media reported that Veselin
Barovic, a local businessman close to Prime Minister Djukanovic, sued
the publisher of Vijesti, its editor in chief Mitrovic, and reporter
Komnen Radevic for ``mental pain and suffering'' caused by the
newspaper's reporting on the murder trial of police officer Scekic. The
newspaper had reported that one of the defendants, according to police
reports, used a car owned by Barovic in 2005. Barovic claimed the
information was false and was maliciously placed in the newspaper; he
requested 100,000 euros (approximately $140,000) in damages.
Despite these developments, observers noted a modest increase in
the willingness of the media to criticize the Government. The
prominence of articles and programs critical of the authorities during
the year suggested that self censorship was not a major problem;
however, observers noted that some journalists were susceptible to
various political and business influences due to their lack of
expertise and to their political affiliations.
The law mandates that formerly state owned media be operated as
``public'' enterprises, insulated from direct party or government
control; however, some observers contended that the Government was
seeking to maintain control over national public broadcasters. On
December 17, the Assembly amended the law on the public broadcaster
Radio and Television of Montenegro (RTCG), changing the method of
financing RTCG and the manner of selecting the members of its governing
council. Instead of the previous, unreliable, system based on radio and
television subscription fees, the amended law provides that the RTCG
should receive 1.2 percent of the annual state budget. It also empowers
the Assembly to appoint the RTCG's nine member council by majority
vote, eliminating the earlier provision under which the Assembly was
authorized only to acknowledge candidates proposed by civil society
groups. Opposition parliamentarians and some local NGOs claimed that
the amended law gave the majority in the Assembly control over the
public broadcaster and restricted the role of civil society. However,
the OSCE and the London based NGO Article 19 praised the Government's
move to secure a more stable system of financing the public
broadcaster. Some observers noted that a large number of the existing
council members, chosen under the earlier system, had close ties to the
Government and that the public broadcaster clearly favored the
Government.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e mail.
According to government data, as of October, 36.2 percent of citizens
were using the Internet, up from 29 percent in December 2007. According
to polls by the Center for Democracy and Human Rights, Internet
penetration was more 40 percent.
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. Citing
security concerns, police banned a rally scheduled for October 16 by
pro Serb protesters who wanted to demonstrate against the country's
recognition of Kosovo's independence. The ban followed violent clashes
between police and pro Serb protesters on October 13 that led to some
injuries on both sides.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice. Religious communities are separate from the state, equal
under the law, and were free to perform their rituals and services.
In April Serbian Orthodox Bishop Filaret visited the country. In
2007 authorities denied Filaret entry to perform religious duties for
Serbian Orthodox Church members, citing the fact that the bishop's name
was on a Hague list of individuals supected of having aided war
criminals. Following a hunger strike by the bishop, the Government
subsequently relented, and Filaret stated that he did not experience
difficulty gaining admission in April; however, he stated that he was
unable to perform services because of a delay in the arrival of his
police escort, for which the police apologized. The Serbian Orthodox
Church later built a church at the border crossing with Serbia where
Filaret had gone on the hunger strike in 2007 to protest his exclusion.
Filaret himself consecrated the church.
Societal Abuses and Discrimination.--Religion and ethnicity were
closely intertwined, and in many cases it was difficult to tell whether
discriminatory acts were primarily religious or ethnic in nature. There
continued to be friction between adherents of the Serbian and the
Montenegrin Orthodox Churches over official recognition and property
ownership.
On August 3, unknown persons knocked down the fence at the St.
George Church in Gusinje. On September 20, the church was again broken
into and some property damage resulted.
Between October 20 and October 24, unknown perpetrators broke into
three churches of the Serbian Orthodox Church in Donji Grbalj, near
Tivat, stealing relics and desecrating graves.
On September 21, police briefly arrested 65 of the Serbian Orthodox
Church's followers in the villages of Dragovoljici and Risji Do, who
were protesting the building of a monastery of the Montenegrin Orthodox
Church in Risji Do. The protesters blocked roads near Niksic to prevent
the head of the Montenegrin Orthodox Church and his followers from
reaching the building site. Police stated that the demonstrators were
warned that they would be charged with violating the public order. A
group of protesters who were briefly detained claimed that police used
excessive force against them and threatened legal action. Serbian
Orthodox Church Metropolitan Amfilohije and pro Serbian parties
described the police reaction and arrests as a ``brutal act of
violence.''
There were fewer reports during the year of verbal clashes between
the two Orthodox churches over property. However, the leadership of the
Montenegrin Orthodox Church continued to assert ownership of Serbian
Orthodox Church property, which they claimed was seized from them after
the country united with Serbia in 1918, while the Serbian Orthodox
Church continued to seek restitution of property it claimed was taken
by the state after World War II.
No new information was available on the August 2007 planting of a
bomb in Podgorica's New Martyrs' Church of the Serbian Orthodox Church
or the September 2007 removal of a plaque identifying the Islamic
community office space in Bar.
On October 10, the car of Miodrag Baletic, head of the Montenegrin
Orthodox Church chapter in Niksic, was set on fire. In a statement to
the media, Baletic accused supporters of the Serbian Orthodox Church of
arson. At year's end the perpetrators had not been identified.
The country's Jewish community was very small and spread out across
the country. A 2004 survey by the Government statistics office
concluded that there was no organized Jewish community; an
international Jewish NGO reached a similar conclusion. There were no
reports of anti Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
A large number of persons lacked any documentation establishing
their nationality and thus were at risk of statelessness. According to
Amnesty International (AI), the situation of Roma who entered the
country as refugees from Kosovo was of particular concern. AI cited
UNHCR figures from June indicating that approximately 4,300 refugees of
Roma, Ashkali, and Balkan Egyptian ethnicity lived in the country,
caught in a legal limbo in which they did not have Montenegrin
citizenship and faced difficulties in acquiring citizenship documents
from Serbia.
Citizenship is, in principle, derived from one's parents (jus
sanguinis). The UNHCR expressed concern that the strict naturalization
criteria in a new citizenship law that entered into force on May 5
would limit the opportunity for refugees from the former Yugoslavia
(both ``Displaced Persons'' and ``Internally Displaced Persons'') to
acquire citizenship.
In addition, according to unofficial sources, a law on aliens was
adopted on December 12, but was not published in the Official Gazette
by year's end. Observers noted that the new law did little to promote
the integration of persons present in the country without an
established nationality or permanent residence. Observers also noted,
that the law does not describe ``displaced persons'' and ``internally
displaced persons'' as permanent residents, but rather permits them to
remain without proper residence or domicile. Since the laws defining
access to basic rights and related public services (health insurance
and treatment, social welfare) generally limit these to citizens, these
individuals would remain excluded from access to such rights, without
regard to their vulnerability or length of their stay in the country.
Public opinion polls conducted by the local NGO Legal Center of
Podgorica, a local partner of the UNHCR, indicated that 46 percent of
the 2,168 Roma surveyed in Podgorica experienced problems accessing
personal documentation, including birth certificates.
Internally Displaced Persons (IDPs).--The country was host to
refugees and displaced persons from several of the other former
republics of what was once Yugoslavia who entered the country when it
was also part of Yugoslavia. Their juridical status differed. They
included approximately 16,0000 persons registered as IDPs from Kosovo
(mainly ethnic Montenegrins, Serbs, Roma, Ashkali, Balkan Egyptians,
Bosniaks, and Albanians), plus an estimated 1,500 who had also filed
claims for formal IDP status but awaited decisions from the Bureau for
the Care of Refugees and Displaced Persons (BCR), the agency
responsible for refugees and IDPs. There were also 8,529 ``displaced
persons'' (refugees) from Croatia or Bosnia and Herzegovina and
approximately two thousand persons who fled Albania in 1991, mainly
Serbs and Montenegrins, who had applied for resident status but whose
applications were not adjudicated by year's end.
In keeping with the law on asylum, the Government intended to
reregister ``displaced persons'' from Bosnia and Croatia in one phase
and then reregister ``internally displaced persons'' from Kosovo in a
second phase.
The living conditions of IDPs were generally extremely poor.
However, authorities gave IDPs access to domestic and international
humanitarian organizations and permitted them to accept assistance
provided by these groups. The Government neither attacked or targeted
IDPs nor forcibly returned or resettled them under dangerous
conditions. After many years in the country, the interest among IDPs in
voluntary return or resettlement diminished. Approximately 1,372 IDPs
have returned to Kosovo since 2001; 93 returned during the year.
IDPs faced official discrimination in employment, as their
employers are required to pay additional taxes of 2.5 euros
(approximately $3.50) per day. A law on alien employment, adopted in
March and scheduled for implementation in January 2009, establishes a
stringent quota on foreign workers, including IDPs and refugees.
According to the UNHCR, this law is likely to exacerbate the problem by
further limiting their access to employment.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status to persons in accordance with the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol.
The Government established a system for providing protection to
displaced person (refugees). In practice the Government provided some
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened.
Beginning on January 1, the Government assumed responsibility for
refugee status determination that was previously exercised by the
UNHCR, although the UNHCR continued to provide technical support.
The Government cooperated with the UNHCR and other humanitarian
organizations in assisting refugees and asylum seekers. Conditions for
refugees varied; those with relatives or property in the country were
able to find housing and, in some cases, employment. Most of the others
lived in private accommodations; there were many family settlements.
Between two and three thousand refugees remained in barely habitable
facilities (mainly on the coast) that have been privatized. The new
owners were gradually evicting the refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
Elections and Political Participation.--In presidential elections
on April 6, the candidate of the ruling party, Filip Vujanovic, was
reelected. Observers from the OSCE's Office for Democratic Institutions
and Human Rights and the Parliamentary Assembly of the COE announced
that ``nearly all aspects'' of the country's first presidential vote
since independence were in line with democratic standards. Local
observers also noted that, despite some irregularities, the elections
took place in a mostly peaceful and fair atmosphere. The irregularities
included continued evidence of blurring of state and party structures,
the fact that not all aspects of the electoral legislation had been
fully harmonized with the new constitution, the fact that campaign
finance regulations were not sufficiently delineated to provide
adequate transparency and oversight, the absence of legal requirements
that the election administration provide voter education or more public
awareness of citizens' rights related to suffrage and polling
procedures, and the lack of transparency of media ownership. Observers
also expressed some concern over the small number of polling stations,
especially in Bijelo Polje.
The constitution states that suffrage is given to citizens, a
change from the 1998 election law and the prior constitution, which
gave suffrage to ``residents'' in order to accommodate citizens of the
former Yugoslavia residing in the country. Referring to the Law on
Voter Registers adopted on June 19, and to the new constitution, local
authorities in Podgorica started deleting noncitizens from the voter
register. In August the opposition Socialist People's Party (SNP)
appealed that decision to the Administrative Court, which overruled
several earlier decisions of the local authorities to remove
individuals from the voter register.
Political parties generally operated without restrictions or
outside interference.
According to the press, the civil suit of Suad Muratbasic, a former
police officer from Rozaje, against the Police Directorate was pending
at year's end. Muratbasic sought compensation on the grounds that he
was suspended and then terminated because of his refusal to influence
his Muslim neighbors to vote for the DPS during the 2006 Assembly
elections.
There were nine women in the 81 seat Assembly and one, a deputy
prime minister, in the cabinet. There was one female mayor in the
country's 21 municipalities. Four out of 14 Assembly parties had female
members of the Assembly in their respective caucuses.
There were 16 members of ethnic minorities in the 81 seat Assembly
and three members of ethnic minorities in the cabinet. Five assembly
seats were reserved by law for ethnic Albanians. They, along with
ethnic Serbs, Muslims, Bosniaks, and Croats participated in the
political process, and their parties, candidates, and voters
participated in all elections. No Roma ran for or held seats in the
Assembly, and Roma were significantly underrepresented in the
Government; only one person of Romani ethnicity held elective office at
any level in the country.
Government Corruption and Transparency.--The law provides criminal
penalties for corruption by officials. However, the Government did not
consistently implement the provisions, and there was a widespread
perception of public sector corruption, particularly in the executive
and judicial branches.
Between January 1 and June 30, police forwarded 663 corruption
cases to prosecutors; in the same period courts convicted defendants in
37 cases. Local NGOs, media, and political parties accused the
Government of not taking sufficient measures against corruption and
organized crime.
As in previous years there were reports of authorities hesitating
to act in response to allegations of corruption. There were widespread
allegations of corruption during the privatization of state assets.
Observers noted that a lack of transparency prevented citizens from
judging the validity of those allegations. The Government stated that
it received 83 requests for information about privatization activities,
including 82 from one NGO (MANS), and that it had responded to all of
them.
Public officials were subject to financial disclosure under the
conflict of interest law. The law requires state officials, including
members of the legislature, to disclose their salaries and property;
however, there was no legal penalty for noncompliance, and many
officials (more than 10 percent) refused to comply by year's end. The
legally mandated Commission for Determining Conflicts of Interest
published the names of officials who failed to disclose their salaries
and property and asked the Government and other state institutions to
dismiss them, but the Government, which was not legally obliged to act,
ignored the commission's recommendations. On December 27, the Assembly
adopted the new Law on Prevention of the Conflict of Interest that
included a legal obligation to make financial disclosures; however,
some public officials continued to be permitted to serve on the board
of directors of state owned companies or work with scientific,
humanitarian, or sports associations.
The opposition party, Movement for Change (PzP), accused then state
prosecutor Vesna Medenica of selective decision making after she
declined to prosecute Police Director Veselin Veljovic for a
transaction in which police sold a large tract of land in downtown
Podgorica to a private company and then signed a contract with the same
company to build and equip a new headquarters worth 13 million euros
(approximately $18.2 million). Both the media and opposition publicly
questioned the legality of the transaction, claiming that it was
concluded without a public tender and was sold for well below market
value. Medenica asserted that the land sale was illegal but the
building contract was legal; she declined to pursue the case. The
Police Administration claimed that, according to law, it was not
obliged to call for a public tender.
No verdict was announced in the Government's appeal of the April
2007 acquittal of two officials charged with violating the tender
procedure in the privatization of the national oil company Jugopetrol
in 2002.
The Commission for the Regulation of Public Procurement stated that
the number of complaints against public procurement practices,
especially high-value tenders, was increasing; during the year the
commission received 225 complaints, 54 percent more than during the
same period in 2007. The commission validated 58 complaints and
cancelled 32 tenders.
On December 23, press reported that the COE's Group of States
against Corruption (GRECO) examined and adopted the Joint First and
Second Round Compliance Report on Montenegro. GRECO stated that the
country had made ``significant progress'' in the fight against
corruption, noting that the country had implemented two thirds of
GRECO's recommendations.
The constitution and law provide for public access to information;
however, the Government's record on access to public information was
mixed. Some ministries were reluctant to implement the law fully and at
times publicly criticized information requests, while others were
supportive. NGOs reported that their requests for information from the
Government frequently went unanswered. The NGO MANS reported that from
December 2005 to December 2008, institutions provided information in
response to 47 percent of their requests; in the last six months of the
year, 39 percent of their requests were answered. Authorities usually
gave reasons for denials, and these could be appealed to the courts.
While the courts usually supported access to information, their orders
to the ministries were often ambiguous and, consequently, sometimes
ignored.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views.
On July 31, the Government adopted a ``National Report on Human
Rights,'' which was examined on December 3 by the UN Human Rights
Council's Universal Periodic Review Working Group. The delegation, led
by Justice Minister Miras Radovic, described the country's efforts to
fulfill its human rights obligations and commitments. Several NGOs
criticized the fact that NGOs were given only 21 days to submit
comments, which they charged were ignored.
A number of NGOs and international organizations investigated human
rights cases. According to a January 10 report of the UN Human Rights
Council Working Group on Enforced or Involuntary Disappearance and
Missing Persons, the working group forwarded 16 cases involving
disappearances that took place in 1992 and 1993 to the Government for
response; the Government provided an explanation in one case; 15 cases
remained outstanding.
The Government cooperated with the UN, the COE's Directorate
General of Human Rights, and other intergovernmental organizations.
There is an ombudsman for human rights. The office of the ombudsman
operated without government or party interference, and the Government
provided the office with adequate resources. Upon finding a violation
of human rights or freedoms, the ombudsman could initiate disciplinary
procedures against the violator, including dismissal. Failure to comply
with the ombudsman's request for access to official data, documents, or
premises, or with the ombudsman's request to testify at a hearing, is
punishable by fines of 10-20 times the minimum monthly wage, or 550-
1,100 euros (approximately $770- $1,540). During 2007 the ombudsman
received 448 complaints, in addition to 199 from 2006. Most complaints
concerned the work of the courts, followed by the public
administration, prosecutor's offices, public services, local
governments, and the police. The Government and the courts generally
implemented the ombudsman's recommendations.
On October 22, the Assembly adopted a law on the Constitutional
Court, which provides that citizens can appeal their violations of
human rights to the Constitutional Court.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status; however, the Government
did not effectively enforce these prohibitions in practice. Violence
and discrimination against women, child abuse, trafficking in persons,
and discrimination against ethnic minorities, particularly Roma, were
problems.
Women.--Rape, including spousal rape, is illegal; however,
enforcement remained a serious problem. Instances of rape were
significantly underreported due to the cultural stigma that attaches to
victims and even their families. There were no arrests or convictions
for spousal rape during the year. Deeply ingrained societal attitudes
hampered prosecutions; judges frequently allowed aspersions on a
victim's character to be entered into court proceedings. As a result,
victims were reluctant to report rape. Punishment for rape, including
spousal rape, is one to 10 years in prison; however, authorities can
only prosecute the crime if the victim brings charges. According to
police statistics, ll cases of rape were reported in 2006 and seven in
2007.
The NGO SOS, which operated a hot line for the victims of domestic
violence, reported that the number of calls significantly increased
between July 2007 and July; most calls involved young girls who
suffered violence in their relationships, problems with employers, and
parental violence. The press reported that during the first nine months
of the year, police pressed charges against 366 persons for domestic
violence. According to police, 480 cases were reported in 2007, 7.7
percent more than in 2006. The perpetrators were mainly men (95
percent) and the victims mainly women (70.5 percent). In 2007, 25
criminal cases of sexual molestation were reported. Domestic violence
was significantly underreported. Financial dependence, multifamily
living arrangements, and the lack of support from extended family
discouraged victims from reporting abuses.
During the year official agencies, including the police, and to
some extent the judiciary, improved their response to domestic
violence; however, efforts remained inadequate. According to the NGO
Safe Women's House, many female victims of domestic violence complained
about the slow response of social welfare centers to their appeals for
help. Domestic violence is a crime punishable by a fine or a prison
sentence of up to 10 years, depending on the seriousness of the offense
or, if death results, by a sentence of three to 12 years in prison.
In its Progress Report on Montenegro, issued in November, the
European Commission noted that the country had not adopted a new law on
domestic violence, nor was there any financial support for
organizations providing services to the victims of domestic violence.
According to the commission, the institutional response was not
satisfactory, and social welfare centers did not offer professional
treatment for victims.
On December 26, the Judicial Council ordered the suspension of the
higher court judge from Niksic, Milorad Marotic, who was indicted by
the Basic Prosecutor in Niksic for domestic violence. The council ruled
that Marotic tarnished the reputation of the judicial profession.
Marotic claimed to be a victim of a conspiracy aimed at destroying his
professional credibility.
NGOs operated two shelters for victims of domestic violence.
Prostitution is a crime, as is procuring, although soliciting
prostitution is not a criminal offense. Prostitution existed but was
not widespread. Trafficking in women for sexual exploitation was a
problem.
Sexual harassment was a problem, and public awareness of sexual
harassment remained low. Although prohibited by a new labor law adopted
on August 23, harassment was tolerated by society at large. Although
victims were hesitant to report harassment, police were usually
effective in intervening when asked to do so.
Women have the same rights as men in property law, family law, and
the judicial system; however, in practice women did not enjoy equal
social status with men. The Assembly has a council for gender equality,
but in the opinion of some NGOs, it lacked sensitivity to the problem.
Traditional patriarchal ideas of gender, which maintain that women
should be subservient to male members of their families, persisted and
resulted in continued discrimination against women in the home. In
rural areas women could not always exercise their right to control
property, and husbands occasionally directed wives' voting. Few women
held senior management positions in government or commerce. There were,
however, some signs of improvement; an increasing number of women
served as judges, and there were many women in professional fields such
as law, science, and medicine.
Although the law incorporates the general principle of
nondiscrimination against women, it fails to explicitly address the
principle of equal pay for equal work; in practice women's wages for
comparable work were lower than those of men. According to the
statistics of the Government employment agency, as of February, 44.27
percent of the unemployed were women. As of September 2007 women's
average wages were 20 percent lower than men's. On July 31, the Office
for Gender Equality and the Ministry for Protection of Human and
Minority Rights adopted a National Action Plan for Gender Equality for
the period 2008 12. The Office for Gender Equality, responsible for
protecting the legal and economic rights of women, issued publications
on antidiscrimination and worked on the national action plan.
Children.--The Government was generally committed to the welfare
and rights of children; however, authorities were reluctant to register
all births of refugees and IDPs, resulting in statelessness and in some
cases poor quality public services, including health care and
education.
The Government was committed to the health and educational needs of
children; however, it did not allocate adequate resources to this goal.
Most Romani children received little or no education beyond the primary
school level, and the Government did not undertake adequate efforts to
monitor or encourage continued school attendance of Roma. According to
the NGO, Foundation for Providing Scholarships to Roma, 50 percent of
Romani children dropped out after primary school. Authorities often
segregated Romani children who attended school. There was no clear
strategy to prevent Romani children from dropping out of primary
school.
By law education is free, compulsory, and universal through the
eighth grade; however, inadequate and poor quality education for Roma
remained a problem. Prejudice, both within the Romani communities and
against Roma, discouraged some Romani children from attending school.
Some ethnic Albanians criticized the Government for not providing an
opportunity for them to learn about their culture and history. On
October 7, the first Muslim religious secondary school opened in
Malesija, near Podgorica. The school had 64 students, and lectures were
delivered in the Bosnian and Albanian languages. Privately funded, the
school was not yet fully accredited by the educational authorities.
While boys and girls had equal access to state provided medical
care, a few Romani children were not vaccinated, largely due to the
migration of Romani families and Roma attitudes toward seeking medical
care.
According to police records, in 2007, 55 cases of domestic violence
against children were reported. Of these, 72 percent involved children
younger than 14. Child abuse was an underreported problem that the
Government took little action to address. The law does not allow a
juvenile to make an allegation of a crime without a parent or guardian
present; consequently, there was almost no reporting of incest or other
child abuse to authorities. In 2007 police reported four cases of child
sexual abuse. Child marriage was a problem, particularly in Romani
communities, where boys and girls generally married around age 14.
Romani children were disadvantaged by poverty, leading many to start
work both at home and in the streets at an early age, typically around
seven years old, in order to contribute to the family income. Romani
children were also disadvantaged by having to attend school in a
nonnative language, since many spoke Romani at home. The Government
generally ignored the problem.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that persons were trafficked
through, within, and to a lesser extent to, the country.
Montenegro was primarily a country of transit, and to a lesser
extent, a destination, for trafficked persons, mostly women who came
from Eastern Europe, the Balkans, and the former USSR. Most victims
were trafficked for commercial sexual and labor exploitation. Western
Europe was the primary destination of victims trafficked through the
country.
Estimates of the actual number of trafficking victims, as opposed
to those who came to official attention, were difficult to obtain.
According to official statistics, there were three trafficking victims
during the year; however, NGOs combating trafficking contended that
official statistics underreported the level of trafficking.
Independence from Serbia transformed a significant portion of internal
trafficking into external, cross border, trafficking. Traffickers
increasingly avoided holding their victims in such public locales as
bars and nightclubs. Government officials reported that the number of
victims continued to decrease. The International Organization for
Migration (IOM) reported in September that the overall level of
trafficking remained the same as in 2007.
Persons were trafficked primarily for commercial sexual
exploitation, but many observers believed that trafficking for labor
existed as well, particularly within the construction sector.
Trafficking victims were generally women and girls with less than
average education and were usually poor. Within the country children
were coerced into begging. Traffickers were often citizens, sometimes
working with foreign partners, and were often affiliated with organized
crime. They usually used fraud (false advertisements for travel or
employment) to entice their victims and resorted to force and coercion
to keep victims from escaping.
The maximum sentence for trafficking in persons is 10 years. The
prosecution of all crimes, including trafficking, is plagued by
significant delays.
The three traffickers sentenced in 2007 to five years in prison,
the Matovic family, remained free pending an appeals process.
The state prosecutor pressed charges against seven persons during
the year. In one case charges were brought against three individuals of
Albanian ethnicity (one residing in Kosovo and two in Montenegro) for
trafficking a minor from Kosovo. In a second case, four Serbian
citizens were charged with trafficking two female victims (one from
Ukraine and one from Moldova).
A national coordinator, who reports to the deputy prime minister,
heads a government sponsored antitrafficking working group, including
representatives from the ministries of Interior, Labor, Health and
Social Welfare, Jstice, Education and Science, the State Prosecutor's
office, two NGOs, the IOM, and the OSCE. On December 25, the
Government's antitrafficking working group adopted a new action plan.
The Government also coordinated its antitrafficking efforts with other
countries in the region and assisted in international investigations of
human trafficking. Observers and NGOs viewed the police force as
generally well trained and active in combating trafficking, although
some claimed that retaining trained antitrafficking police personnel
was a problem.
The Government offered temporary visas and shelter to victims who
agreed to testify against traffickers, gave victims protection, and did
not prosecute victims for their activities.
Police antitrafficking efforts were centered in the organized crime
department of the criminal police. During the year international
organizations, with the cooperation of local authorities, sponsored
training on trafficking problems for police (including border police),
prosecutors, and judges.
During the year the Office of the National Coordinator began
establishing a national database of trafficking victims, in cooperation
with the International Center for Migration Policy Development (ICMPD),
within the regional project of the Transnational Referral Mechanism.
There were no reports of official involvement in trafficking during
the year. The IOM stated that it regarded officials' lack of training
as a more serious problem than corruption in impeding their efforts to
counter trafficking.
The law provided some protection to trafficking victims,
distinguishing them from other persons engaged in prostitution, who
were subject to fines, and other undocumented migrants, who were
subject to deportation. Authorities generally observed these
distinctions, establishing procedures for referring trafficking victims
to social service agencies and repatriating them with IOM assistance.
The Government funded one shelter in Podgorica that was operated by a
local NGO. According to the National Coordinator for Antitrafficking,
as of December 3, two trafficking victims were housed in the shelter
along with 50 persons there for other reasons. The local NGOs Center
Plus, Women's Safe House, and Home of Hope operated temporary shelters
that provided care and psychological counseling services to trafficking
victims.
Public awareness campaigns, sponsored by the Government with OSCE
and IOM support, continued throughout the country, including
conferences on trafficking, public service announcements, and campaigns
in schools. NGOs continued to organize public information campaigns.
In December the antitrafficking coordinator organized six
conferences throughout the country, which brought together groups with
direct interest in the problem, including judges, doctors, NGOs,
ministry representatives, and representatives of the international
community to discuss trafficking.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with disabilities in employment,
education, access to health care, 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. Laws mandating that new public buildings have
access for persons with disabilities were generally enforced.
Facilities for persons with disabilities were inadequate at polling
stations, although authorities provided mobile voting for voters who
could not come to the polling stations because of illness or
disability.
The Ministry of Health, Labor, and Social Welfare and the Ministry
of Education and Science were responsible for protecting the rights of
persons with disabilities.
Unemployment remained a serious problem for persons with
disabilities, although employers usually gave other reasons for not
hiring such persons. Only 2 percent of the 63,000 persons with
disabilities were employed. On August 4, the Assembly adopted the Law
on Professional Rehabilitation and Employment of Persons with
Disabilities. Scheduled to take effect in 2009, the law was intended to
facilitate employment of persons with disabilities. Low disability
allowances were a problem.
Mental health care was inadequate. Facilities for treating persons
with mental disorders were out of date and underfunded. Institutional
isolation perpetuated stigmatization and discrimination against such
persons.
On December 30, Marijana Mugosa, a blind woman from Podgorica,
filed a lawsuit against the Government because the local authorities of
the Podgorica municipality where she works did not allow her to enter
her office with her guide dog.
National/Racial/Ethnic Minorities.--The constitution provides for
both individual and collective rights for minorities, and generally
these were observed in practice; however, Roma were disadvantaged in
access to social services and experienced societal discrimination.
Ethnic Albanian and Muslim leaders complained about their
underrepresentation in government structures. Serbian leaders
complained of discrimination and a lack of economic opportunities.
According to a survey conducted in October by the National
Statistics Office, the Roma National Council, and the local NGO Roma
Circle, there were 10,619 Roma in the country. Many Roma, including
IDPs from Kosovo, lived illegally in squatter settlements that lacked
such basic services as public utilities, medical care, and sewage
facilities. They often lacked identity documents and therefore access
to basic social services. Residents of some settlements that were
located on property whose owners wanted to resume control, or on the
premises of companies due to be privatized, risked eviction; however,
no evictions were reported during the year.
Prejudice against Roma, who comprised 0.42 percent of the
population, was widespread, and local authorities often ignored or
tacitly condoned their intimidation or mistreatment. According to a
local NGO, 70 75 percent of Roma were illiterate, 50 percent did not
speak the predominant local language, 90 percent were officially
unemployed, 40 percent had no access to public utilities, and 90
percent lived below the poverty level.
Authorities appropriated approximately 400,000 euros (approximately
$560,000) to improve conditions for Roma under the ``Strategy for
Improvement of the Roma Position in Montenegro 2008 12.'' The
Government also appointed a national coordinator for implementation of
the strategy; however, the coordinator lacked basic facilities and was
relatively unsuccessful in accomplishing the goals set by the strategy.
Overall, government efforts did not result in significant improvements
during the year.
The Government provided students with an optional civic education
class that included information on minority cultures and multiethnic
tolerance.
In October 2007, after many delays, the Government approved a
procedure for setting up national councils, elected bodies that would
represent minorities' group interests. All minorities subsequently
established national councils. In October 2008 the Government provided
funding for administrative costs of the councils and allocated
resources to enable the councils to implement various projects.
The Bosniak Council and the Bosniak political party demanded that
the admission examination for the police academy in Danilovgrad, which
only one out of 30 Bosniak/Muslim candidates passed, be abolished
because it failed to produce the constitutionally mandated quotas for
minorities. Police responded that the admission procedures were in
accordance with the law, adding that quotas did not justify having
unqualified candidates. Using his discretionary authority, the Interior
Minister subsequently enrolled five Bosniak/Muslim students in the
academy.
In September the Government announced a plan to invest 4.5 million
euros (approximately $6.3 million) in housing and infrastructure in
that region. This plan was intended to facilitate the return of
persons, primarily Bosniaks and Muslims, who fled the repressive
actions of the JNA in Bukovica in 1992 95.
Other Societal Abuses and Discrimination.--The law does not
explicitly mention sexual freedoms; however, the constitution
guarantees the respect of human rights on all grounds and prohibits the
instigation of hatred or intolerance on any grounds. There were
infrequent reports of violence and discrimination directed against gay
men. Society generally showed antipathy towards homosexuals, leading
most to conceal their orientation. The print media at times reinforced
these attitudes by publishing articles with negative overtones about
homosexuality. Violence against homosexuals was rare and not condoned
by the Government.
There were no reports of violence or discrimination against persons
with HIV/AIDs. The health minister stated on December 1 that there were
approximately 390 HIV positive persons in the country.
Section 6. Worker Rights
a. The Right of Association.--The law entitles workers, except for
uniformed military and police personnel, to form and join independent
unions of their choice without previous authorization or excessive
requirements, and workers exercised this right in practice.
Approximately 95 percent of the workforce in the formal economy was
unionized. The law allows unions to conduct their activities without
interference, and the Government protected this right in practice. The
law provides for the right to strike, and workers exercised this right
by conducting legal strikes; however, the law prohibits strikes by
military and police personnel and public servants.
On February 5, five workers of the aluminum plant KAP in Podgorica
were fired following a spontaneous strike in its production facilities
that lasted several days. The strikers demanded that management stop
the reorganization process in the electrolysis and foundry sectors and
also insisted on a 30 percent increase in salaries. The workers who
were fired went on a hunger strike for several days. The Government did
not play any role to enforce the strike law, which did not apply
because the strike did not have the endorsement of the plant's trade
union committee.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right of collective bargaining; however, collective
bargaining remained at a rudimentary level. By law the registered
workforce was covered by collective bargaining agreements. The law
prohibits antiunion discrimination; however, there were press reports
of discrimination. For example, in November the president of the trade
union at the foundry in Niksic, Janko Vucinic, was fired allegedly for
criticizing foundry management.
A general collective agreement regulating the rights, obligations,
and responsibilities of employers and employees was last signed in 2006
and it has been reviewed annually. The agreement applies to large state
and former state companies, and the state administration and private
sector usually used it as a framework for their employer employee
relations.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that women were
trafficked through, and to a lesser extent to, the country for
commercial sexual exploitation. Foreign construction workers could also
be potential victims of trafficking for labor.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws and policies to protect children from exploitation in
the workplace, including those prohibiting forced or compulsory labor
and those establishing acceptable working conditions. The Government
generally enforced these laws and regulations effectively.
The official minimum age for employment is 15 years; however, in
farming communities it was common to find younger children assisting
their families. Romani children also worked in a variety of unofficial
retail jobs, typically washing car windows, collecting items such as
scrap metal, or selling old newspapers. Many Romani children also
engaged in begging. However, such practices were generally limited to
the small Romani community.
During the year police carried out successful initiatives aimed at
suppressing begging in Podgorica and the coastal areas. They arrested
and charged several adults with organizing and forcing their relatives
young Romani children to beg. Most of these children were temporarily
accommodated in the Center for Children and Youth. Police asserted that
the practice constituted family begging rather than organized begging.
Inspectors from the State Labor Inspector's Office were responsible
for enforcing the child labor laws. No reliable data existed on the
extent of child labor. Inspectors reported no violations of the child
labor laws during the year.
e. Acceptable Conditions of Work.--The national minimum wage of 55
euros (approximately $77) per month did not provide a decent standard
of living for a worker and family. According to the figures released at
the end of August, the average salary was approximately 426 euros
(approximately $596) per month and was also not adequate for a worker
and family to live comfortably. Minimum wage is fixed through
negotiations between the Government, labor unions, and the ``Trade
Union,'' which represents a significant number of entrepreneurs.
Significant portions of the workforce, particularly in rural areas and
the informal sector, were not covered by the minimum wage.
The Ministry of Health, Labor, and Social Welfare enforced the
minimum wage; there were no reports during the year of employers
failing to pay it.
The law requires a 30 minute rest period daily, limits hours worked
to 40 per week except in specified unusual circumstances, and requires
an unspecified premium for work in excess of 40 hours per week. There
is no specific prohibition on excessive compulsory overtime. The
Ministry of Health, Labor, and Social Welfare effectively enforced the
regulations on hours of work.
During the first nine months of the year, there were 34,000
nonresident workers according to official statistics. The workplace
rules for citizens have not applied to nonresident workers since 2006.
In addition, an employer must pay a lump sum of 2.50 euros
(approximately $3.50) per person per day for each foreign worker. In
March the Government adopted an alien employment lof, to take effect on
January 1, 2009. According to the law, the Government must set a quota
for nonresident workers. The nonresident quota for the next tourist
season was expected to be approximately 40,000.
The Government establishes mandatory health and safety regulations.
The employer is obliged to report any serious injury or death at work;
however, the Government did not give enforcement of these regulations a
high priority; in practice workers often lacked safety equipment.
During the year there were 64 serious injuries, compared with 60 in
2007. Twelve persons died from injuries at work, compared with nine in
2007. Burdened by the deadlines imposed by investors, construction
workers (mostly foreigners) usually exceeded eight hours a day;
sometimes, to offset low wages, they worked additional hours in second
jobs. During the year authorities conducted 3,683 inspections and
established 4,244 violations of labor standards. Workers did not have
the right to remove themselves from situations that endanger health and
safety without jeopardy to their employment.
__________
NETHERLANDS
The Kingdom of the Netherlands, population approximately 16.3
million, is a constitutional monarchy with a bicameral parliamentary
legislative system consisting of the First Chamber, whose members are
indirectly elected by the country's 12 provincial councils, and the
Second Chamber, whose members are elected by popular vote. The most
recent elections, held in 2006, were free and fair. A prime minister
and a cabinet representing the governing political parties
(traditionally a coalition of at least two major parties) exercise
executive authority. Civilian authorities generally maintained
effective control over the security forces.
The Government respected the human rights of its citizens, and the
law and judiciary provided effective means of addressing individual
instances of abuse. There were reports of societal discrimination and
violence against some religious and ethnic minorities, violence against
women and children, and trafficking in persons for sexual exploitation.
Aruba and the Netherlands Antilles are two semiautonomous countries
of the Kingdom of the Netherlands; they also feature parliamentary
systems and full constitutional protection of human rights. Respect for
human rights in these islands generally was the same as in the European
Netherlands; however, conditions in the islands' prisons remained
substandard in some respects.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
or other disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.
Prison and Detention Center Conditions.--Prison and detention
conditions in the Netherlands generally met international standards,
and the Government permitted visits by independent human rights
observers. In the Netherlands Antilles, judges may sentence juveniles
under the age of 16 who have committed serious offenses to prisons
where they serve time together with adults; however, authorities
allocated funding during the year to expand prison capacity to permit
such juvenile offenders to be kept separately.
Shortcomings in detention and prison facilities, particularly
overcrowding, persisted in Curacao and St. Maarten (Netherlands
Antilles); however, due to increases in the capacity of their custodial
facilities, overcrowding was no longer a problem in Aruba and Bonaire
(Netherlands Antilles). A pilot project employing house arrest for
selected inmates continued. A shooting, several stabbings, and a hunger
strike took place among inmates of the Bon Futuro prison on Curacao.
Prison guards went on strike once over labor conditions. On St. Maarten
inmates went on strike once over remuneration for prison work and other
grievances. The Government reserved 25 million Netherlands Antilles
guilders (approximately $14 million) for the improvement of the Bon
Futuro prison and for detention centers on the other Antillean islands.
During the year, following a recommendation by the Council of
Europe's (COE) Committee for the Prevention of Torture (CPT) based on
its June 2007 visit, authorities in the Netherlands stopped using two
boats used to hold illegal immigrants awaiting deportation.
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
generally maintained effective control over the regional police forces,
and the Government has effective mechanisms to investigate and punish
abuse and corruption. There were no reports of impunity involving the
security forces during the year.
Arrest and Detention.--Police officers, acting under the authority
of the public prosecutor, conduct criminal investigations. A prosecutor
or senior police officer must order any arrests. Authorities must
promptly inform detainees of the charges against them. Police may
question suspects for a maximum of 12 hours and may detain a suspect
for up to three days (with the possibility of an additional three days'
extension in cases of ``urgent necessity'') by order of the public
prosecutor without the permission of a magistrate; within four days,
however, police must bring detainees before an examining magistrate for
questioning. This magistrate also decides whether to permit detention
to be extended and reviews the validity of continued detention every 30
days. Extension depends on progress in the preliminary investigation.
In terrorism related cases, authorities may hold suspects for up to 14
days if there is a ``reasonable suspicion'' of terrorist involvement.
By law defendants have the right to have their attorneys present
during questioning; however, the UN Committee Against Torture (CAT) and
the CPT expressed concern that authorities did not always respect this
right during the initial period of detention, which may last up to six
hours. During the year authorities initiated pilot projects in several
towns to assure prompt legal assistance.
There is no provision for bail, but authorities avoid lengthy
detention before trial unless there are compelling reasons to keep a
person in custody.
In May 2007 the CAT criticized the excessive length of pretrial
detention and the high number of detainees in Aruba and the Netherlands
Antilles who have not been convicted of a crime. The governments of the
two territories have reduced the number of crimes requiring pretrial
detention and implemented other policies aimed at reducing the case
backlog, particularly more expeditious processing of cases involving
illegal drugs.
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. In most instances defendants and their attorneys have
access to government held evidence relevant to their cases; however, in
certain cases involving national security, special procedures permit an
examining judge to assess the reliability of official intelligence
reports without exposing the identities of intelligence officers or
releasing confidential intelligence information to the public or the
defendant. The defense has the right to submit written questions to
these witnesses through the examining judge.
Procedures and rights were the same or similar in Aruba and the
Netherlands Antilles, where they were generally respected in practice;
however, in 2007 the CAT expressed concern that in the Netherlands
Antilles, a lawyer for the detainee may be present during interrogation
only with the prior authorization of a magistrate. However, there were
no reports during the year that requests for the presence of an
attorney were denied.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Individuals may bring
lawsuits for damages related to a possible human rights violation
before the regular court system or specific appeal boards.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected this prohibition in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press.
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, and
during the year the Government prosecuted several cases successfully,
notably cases in which judges considered the language in question to be
``unnecessarily offensive.'' The Government urged prosecutors and
police to give proper attention to incidents of ``discrimination,''
which in the country's jurisprudence includes racially offensive
speech.
In March a pilot project was begun in two regional police
districts, including Amsterdam, to improve the reporting of hate
crimes, including hate speech, by using a special Web site. In July the
city of Amsterdam started a campaign to encourage the reporting of such
incidents to the Amsterdam Discrimination Registration Center.
In April a District Court declined to issue an injunction against
the showing of a film by right wing parliamentarian Geert Wilders.
Wilders' film, ``Fitna,'' asserted that Islam preaches violence and
hatred. The Government criticized the film, claiming it served no
purpose other than to cause offense. The court ruled that ``the right
to freedom of speech is decisive,'' the views expressed in the film
``do not exceed the legal boundaries against inciting hatred or
violence,'' and as a politician, Wilders ``should be able to put
forward in the public debate'' his criticism against radical Islam or
the Koran.
On June 30, the Amsterdam public prosecutor's office announced that
it would not prosecute Wilders for his numerous anti Islamic
statements. In April the prosecutor determined that, although they were
offensive to Muslims, they were not a criminal offense because ``they
were made within the context of the public debate on Islam.'' The
prosecutor also ruled that Wilders did not intentionally incite to
hatred or discrimination. The prosecutor arrived at his judgment after
consulting the National Discrimination Expertise Centre (LECD), as well
as legal experts on questions of national and European law. The
decision explicitly referred to prevailing jurisprudence of the
European Court of Human Rights (ECHR) that allows room for statements
that offend or shock if made within the context of public debate. The
prosecutor's decision was under appeal at the end of the year.
On May 13, police detained and questioned for 30 hours a
cartoonist, who used the pseudonym of Gregorius Nekschot (Deathblow),
in connection with several cartoons that the prosecutor believed
violated the law on intentional discrimination and incitement to hatred
against Muslims. Some parliamentarians criticized the police action as
an extremely inappropriate attempt to curtail freedom of expression, an
accusation the Justice Minister denied. Legal experts concluded that
the prospect of successfully prosecuting the cartoonist was minimal.
Internet Freedom.--There were no governmental restrictions on
access to the Internet. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e mail.
More than 85 percent of the population had access to the Internet.
During the year authorities took measures to deal more effectively
with incitement to discrimination on the Internet. Despite the priority
given to such cases, there were only three convictions in 2007, the
latest year for which data were available.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice. There
were no reports that the Government attempted to limit the freedom or
exercise of religion during the year.
Rulings of the courts and the Equal Opportunities Committee
generally held that any restriction on wearing headscarves in schools
or places of employment should be limited and based on security or
other narrow grounds. The Government banned clothing covering the full
face in the administration and education sectors.
Societal Abuses and Discrimination.--There were some reports of
societal abuses or discrimination based on religious affiliation,
belief, or practice. Jews and Muslims faced instances of abuse during
the year, although the experiences of the two communities differed. The
Government repeatedly criticized any form of anti Semitism or anti
Islamic activity and worked with nongovernmental organizations (NGOs)
to combat such abuses.
Muslims, who numbered approximately 850,000, faced societal
resentment attributable to perceptions that Islam is incompatible with
Western values, that Muslim immigrants have failed to integrate, and
that levels of criminal activity among Muslim youth are higher than the
national average. Major incidents of violence against Muslims were
rare, but minor incidents, including intimidation, brawls, vandalism,
and graffiti with abusive language, were common.
A number of right wing politicians described Islam as incompatible
with the country's traditions and social values. In a report released
on February 12 (but prepared in 2007), the COE's European Commission
against Racism and Intolerance (ECRI) asserted that political figures'
criticisms of Islam contributed to what it considered a substantial
increase in Islamophobia. Despite protests by Muslims and others, in
April a court declined to forbid the showing of a film that was widely
criticized for its anti Islamic content, and a prosecutor declined to
prosecute the film's maker for his many anti Muslim public statements.
Both the court and the prosecutor justified their decisions on freedom
of speech grounds (see Section 1 a.).
Authorities stressed their conviction that the majority of Muslims
fit comfortably into society. The Government continued a comprehensive
outreach campaign to counter anti Muslim sentiments and right wing
nationalism, including a 25 million euro (approximately $35 million)
grant for programs in neighborhoods and schools during the period 2008
11. These efforts raised public awareness and triggered debate, but
concerns about the policy's effectiveness remained. The Government made
clear that it would combat groups espousing violence in support of an
Islamist extremist agenda.
The population included approximately 45,000 Jews. Anti Semitic
incidents, including verbal threats, cursing, and desecration of
monuments and cemeteries, continued to occur. Certain small groups that
opposed Israeli policies, including the Arab European League and the
Stop the Occupation Movement, frequently used what some observers
regarded as anti Semitic language and images to express their views
about Israel. Explicitly anti Semitic sentiments prevailed among
certain segments of the Muslim community and among fringe nationalist
and neo Nazi groups. Serious incidents were rare during the year;
however, anti Semitism among right wing extremists appeared to
increase. Extreme right wing anti Semites were the primary culprits in
the few instances of vandalism of Jewish buildings and monuments and
desecration of cemeteries.
The independent Registration Center for Discrimination on the
Internet (MDI) reported that strongly anti Semitic statements regularly
appeared on both right wing extremist and radical Islamic Web sites.
The sites targeted not only Jews but other groups, including Muslims,
blacks, and homosexuals. Observers noted a new phenomenon of right wing
youth augmenting their profiles on Internet social networking sites
with anti Semitic texts. The Center for Information and Documentation
on Israel called for stronger government action against anti Semitic
Web sites, describing the Internet as one of the main sources for
dissemination of anti Semitic and racist ideologies. An
antidiscrimination NGO and several major political parties asked the
Justice Minister to take action against the Web site of the neo Nazi
organization Blood and Honor.
Anti Semitism was the subject of 72 of 4,000 complaints received by
a network of antidiscrimination bureaus across the country in 2007. The
number was smaller than in previous years. According to network
representatives, the number of anti Semitic incidents appeared to be
correlated with the situation in the Middle East.
The Government continued to condemn anti Semitism and to work with
NGOs to combat it. The Government urged prosecutors and police to give
proper attention to incidents of discrimination, including
discrimination on religious grounds. The authorities maintained a
cybercrime Web site through which citizens can report radical
statements and hate e mail. Although the Government gave priority to
countering discrimination and incitement to hatred on the Internet,
critics charged that law enforcement agencies could still do
considerably more.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The laws provide for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, returning refugees,
asylum seekers, stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government established a system for providing protection to refugees.
The Government remained committed to providing protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened; however, some observers asserted that some
of the Government's procedures ran this risk. The authorities provided
economic assistance to those to whom it denied asylum and who chose to
return home voluntarily.
Authorities denied asylum to persons who came from a so called safe
country of origin or who resided for some time in a safe country of
transit. They used European Union guidelines to define such countries.
The UNHCR and NGOs, including Amnesty International (AI), raised
cases in which protection from return to unsafe countries appeared to
have been violated and called for stricter policies to prevent future
instances. The authorities promised to investigate the allegations.
These charges also drew intense political scrutiny and gave rise to
parliamentary hearings that reversed or delayed government proposals to
return asylum seekers from Somalia and parts of Iraq, as well as
homosexuals and Christian converts from Iran.
Several organizations, including AI and the Council for the
Administration of Criminal Law, criticized the manner of detention of
aliens prior to deportation. Since these aliens are not criminals, the
critics maintained that they should not be subjected to a criminal
regime or kept in detention for extended periods of time, especially if
there was little or no prospect of actual deportation. Courts have
ordered the aliens' release if there is no prospect of actual
deportation. The state secretary for justice promised to review the
situation, but noted that there was no evidence of structural abuse in
the treatment of aliens in detention centers. Moreover, she stated that
she had already taken measures to keep families with children out of
detention.
In May 2007 the CAT expressed concern that asylum procedures did
not allow asylum-seekers enough time to substantiate their claims and
consult an attorney, which could lead to refugees being returned to
unsafe countries. Also in May 2007 the ECHR criticized the ``excessive
formalism'' of the country's asylum procedures and called for a more
generous assessment of asylum requests that took into account reports
produced by human rights NGOs, such as Human Rights Watch.
Stateless Persons.--Citizenship is primarily based on the mother's
citizenship (jus sanguinis). According to the UNHCR, of a total of
nearly 700,000 first-generation, non western immigrants, there were
4,461 stateless persons at the end of 2007. According to Statistics
Netherlands, the local administrations had registered more than 5,000
stateless persons, including 1,463 persons under the age of 17, by the
end of the year.
The Kingdom Act on Dutch Citizenship has repeatedly been revised in
order to counter and prevent statelessness, including by providing the
opportunity to gain Dutch citizenship. There were no reports of
violence or discrimination targeting stateless persons.
Immigrants may naturalize after five years of legal residence, or
three years if they are married to a citizen. Migrants who are not
naturalized are allowed to work in the civil service, with the
exception of the police force and the army. After five years of legal
residence, nonnationals have the right to vote in local elections. A
written naturalization examination that tests both the applicant's
Dutch language proficiency and knowledge of the country's culture and
society is required for citizenship.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage. These constitutional rights also apply to the Netherlands
Antilles and Aruba, where they were also exercised in practice.
Elections and Political Participation.--Parliamentary elections
held in November 2006 were free and fair.
Political parties operated without restriction or interference. One
of the oldest political parties, the Protestant Political Reformed
Party (SGP), continued to deny women the right to run for office,
despite a December 2007 ruling by The Hague Appellate Court that by
doing so it was in violation of the Convention on the Elimination of
All Discrimination against Women. The court ordered the Government to
take action to force SGP to change its policy. At year's end both the
SGP and the Government had appeals pending with the Supreme Court
against this ruling.
There were 62 women in the 150 seat Second Chamber of parliament,
four female ministers in the 15 member cabinet, and six women among the
11 junior ministers. Women also held positions in the parliaments and
cabinets of the Netherlands Antilles and Aruba, including the position
of prime minister of the Netherlands Antilles.
Approximately 15 members of ethnic minorities Turkish, Moroccan,
and Surinamese served in the 150 seat Second Chamber of parliament. Two
junior ministers in the cabinet were Muslims of Turkish and Moroccan
background.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented the law effectively. However, in August the COE's Group of
States Against corruption concluded in an assessment of the country's
anticorruption policy that the maximum sentence for corruption was too
light and not in line with relevant COE guidelines. There were isolated
reports of government corruption during the year.
There were press reports of corruption among some working level law
enforcement personnel at Schiphol Airport, but observers did not
believe the problem was widespread or systemic. In 2007, the most
recent year for which information was available, authorities imposed
disciplinary sanctions on 210 central government employees for abusing
their positions.
There were no laws requiring officials to make financial
disclosures. The Government pursued an active anticorruption policy
coordinated by the Internal Affairs Ministry's Bureau for Promotion of
Integrity of the Public Sector. The National Criminal Investigation
Service coordinates investigations under the supervision of the
national prosecutor for corruption.
The law provides for public access to government information, and
authorities generally respected that right for both citizens and
noncitizens, including foreign media. Those seeking information may
appeal any refusal to the regular courts. Disputes occasionally arose
in court over the scope of the Government's right to withhold
information based on the public interest. For example, there were
disputes over whether to release certain classified internal memos.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Several domestic and international human rights groups generally
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were
cooperative and responsive to their views.
On July 11, in response to appeals by the UN and the COE, the
Government announced that it would set up a National Institute for
Human Rights in accordance with the 1993 ``Paris Principles'' governing
such institutions. The institute is intended to research human rights
issues, give advice on policies, and help deal with complaints more
efficiently.
At year's end, the Government was selecting personnel and deciding
on a budget for the new institute.
The Government has a long tradition of hosting international legal
tribunals, including the International Court of Justice, the
International Criminal Tribunal for the former Yugoslavia, the
International Criminal Court, and the Special Court for Sierra Leone.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on age, race, gender,
disability, language, political preference, sexual orientation, and
social status, and the Government generally enforced these
prohibitions. However, violence against women and children, trafficking
in persons, and discrimination against ethnic minorities were problems.
Women.--Rape, including spousal rape, is a criminal offense, and
the Government effectively prosecuted those accused of such crimes. The
penalty for rape is imprisonment not exceeding 15 years or a fine. The
maximum sentence for marital rape is eight years' imprisonment.
Domestic violence was the most prevalent form of violence in
society. According to a fact sheet issued in August by the Ministry of
Justice, there are approximately 500,000 incidents of household
violence each year. At some point in their lives, 40 percent of the
population experienced domestic violence. Of these, 10 percent
reportedly experienced some form of physical, sexual, or mental abuse
on at least a weekly basis, and 4 percent had been raped. According to
police records, approximately 85 percent of victims were women. Police
estimated that approximately 12 percent of all cases are reported. In
September the Government presented a national action plan to intensify
the fight against household violence in 2008 11. Its objective was a
coherent approach involving prevention, identification, and
intervention; it called for upgrading the expertise of police and
expansion of the public prosecutor's office. Under the action plan, the
probation service developed a comprehensive program intended to reduce
the number of repeat offenders. At year's end the Government was
conducting a national survey into the scope of domestic violence.
Spousal abuse carries a penalty one third more severe than ordinary
battery. Police records indicated that approximately 3 percent of the
cases of spousal abuse reported to police resulted in arrests. The
national organization Movisie (formerly TransAct), supported by the
Government, assisted victims of domestic violence and those
investigating and prosecuting related crimes. The Government subsidized
shelters for battered women. In August the Government announced that it
would continue its 2007 public information campaign against domestic
violence until the end of September. In The Hague the campaign led to a
43 percent increase in the number of incidents reported in 2007.
In July the Government made it easier for female immigrants who
were victims of domestic violence or abandoned by their partners to
obtain residence status on their own. Previously, immigrant spouses
depended on their partners for their legal status during the first
three years of their stay. Under the new guidelines they could claim
residence status within this period if they were either victims of
domestic violence or were abandoned by their partners in their country
of origin. In addition, the Government would consider granting
residence in the Netherlands to a woman who was abandoned in her native
country but who had some roots in Dutch society, if she faced the risk
of a forced marriage or of being abandoned by her family.
There were no recent statistics on honor killings, but 279 and 158
cases of honor related violence were reported in The Hague and
Amsterdam, respectively, in 2006. The Government continued a 2006
program to combat honor related violence. Authorities allocated
approximately 13 million euros ($18.2 million) to the program, which
focused on prevention, protection, and criminal prosecution. In June
the Expertise Center for Honor Related Violence opened in Amsterdam.
Prostitution is legal for persons age 18 or older who engage in the
practice voluntarily. The law provides penalties for Dutch nationals
and legal residents who abuse minor children abroad, even if the
offense is not a crime in the country where the abuse occurs.
Sexual harassment was a problem. While there were no recent
statistics on its prevalence, a 2003 study showed that 5.3 percent of
female workers were sexually intimidated in the workplace. The law
requires employers to take measures to protect workers from sexual
harassment. The Government continued a public awareness campaign and
has taken measures to counter harassment among civil servants, but no
information was available about the measures' effectiveness.
Under the law women have the same rights as men, including rights
under family law, property law, and in the judicial system.
Approximately 65 percent of women were employed, nearly two thirds
of them part-time. The Government was taking measures to make daycare
more accessible to support full time employment for working parents.
Female and male unemployment rates were 5.8 and 3.6 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 than men
resulted primarily from their part time employment. According to the
ministry, the disparity between men's and women's earnings in the
private sector narrowed from 23 percent in 2006 to 18 percent in 2007;
adjusted for level of experience and expertise required for the jobs,
the differential was 7 percent.
The Government provided affirmative action programs for women, and
collective labor agreements usually included provisions to strengthen
the position of women. In 2007 the Equal Treatment Commission received
515 complaints from women about labor discrimination related to their
employment.
Children.--The Government worked to ensure the welfare of children
through numerous and generously funded health, education, and public
information programs.
Child abuse was a problem. In an April 2007 study, Leiden
University concluded that more than 100,000 children were victims of
abuse. Many of them had been physically or emotionally neglected. The
study estimated that 4,700 children had been sexually abused and 19,000
had suffered physical abuse. Experts estimated that approximately 50 to
80 children died each year from some form of abuse. In 2007 the Child
Abuse Reporting Center received more than 50,000 reports of possible
child abuse, 20 percent more than in 2006. In September the Government
began to require physicians to report child abuse, overriding
professional confidentiality. Despite increased government funding for
the Council for the Protection of Children, there still were long
waiting lists for assistance.
The law prohibits female genital mutilation (FGM). In 2007, the
Government's National Public Health Council estimated that at least 50
girls a year underwent FGM; the FGM committee established by the
Ministry of Health estimated the number of girls at risk at 16,000. In
2006 the Government launched a three year program to combat FGM through
primary prevention and early identification. It has committed more than
one million euros (approximately $1.4 million) per year to combat FGM.
The maximum penalty for FGM is six to nine years' imprisonment.
Trafficking in Persons.--The law in the mainland Netherlands
prohibits all forms of trafficking in persons; however, trafficking in
persons was a problem. Aruba has an antitrafficking law. The
Netherlands Antilles, which has no specific antitrafficking law, has
successfully used existing legislation to prosecute traffickers.
The Netherlands was a destination and country of transit for
trafficked persons, and trafficking within the country was also a
problem. NGOs and police estimated that the number of women and girls
trafficked for commercial sexual exploitation ranged from 1,000 to
3,600. Comensha, formerly the Foundation against Trafficking in Women,
an independent NGO that helps victims of trafficking, registered 716
victims in 2007, up from 579 in 2006. The top five countries of origin
were the Netherlands (260 victims), Nigeria (102), Bulgaria (50), China
(37), and Sierra Leone (29). Of the 716 victims registered in 2007, 49
were male and 198 were younger than 18. According to Comensha, most
female victims were exploited in prostitution. Thirteen victims worked
as domestic servants and nine in the catering sector. Of the male
victims, five worked in the catering and three in the construction
sectors.
There were reports that trafficking in persons for commercial sex
and labor was a problem in the Netherlands Antilles.
Almost all of the 260 domestic victims of mainland trafficking
registered in 2007 were girls with immigrant backgrounds seduced and
coerced into prostitution by so called ``lover boys,'' primarily young
Moroccan or Turkish men and boys. Most traffickers used threats of
violence toward the victims or their families to control their victims.
Most vulnerable were underage girls and young women of Moroccan and
Turkish descent (mostly ``lover boy'' victims), underage asylum
seekers, women with dependent residence status obtained through
fraudulent marriages, and women recruited in Africa.
During the year a foreign court ordered the Curacao Drydock Company
in the Netherlands Antilles to pay damages to three Cuban workers who
were among the approximately 100 who were forced to work for long hours
with virtually no pay in 2005 and 2006.
The maximum sentence for trafficking in persons in the mainland
Netherlands is normally six years. Courts may increase sentences in
certain cases. For example, the maximum term is 10 years when the
victim is younger than 16, 12 years when the person being trafficked is
seriously injured, and 15 years when trafficking results in the
victim's death. The legal definition of trafficking in persons includes
labor trafficking.
In 2006 the Dutch public prosecutor's office prosecuted 216
traffickers, compared to 138 in 2005, and the courts convicted 100
traffickers, compared to 114 in 2005. In July the court gave six
members of a major Turkish German trafficking gang prison sentences of
eight months to seven and one half years. The prosecutor's office
considered the sentences too low and appealed the verdict. The appeal
was pending at year's end. In 2007 prosecutions in four labor
exploitation cases ended in acquittals. Appeals in two of these cases
were pending. During the year, according to a prosecutor in the
Netherlands Antilles, a court, using other charges, convicted a club
owner in St. Maarten for trafficking three women for commercial sex.
The Government in the mainland Netherlands, especially the
ministries of Justice, Internal Affairs, Foreign Affairs, Welfare and
Health, and Social Affairs, actively combated trafficking in persons.
Local police forces established special units to deal with trafficking,
and the National Crime Squad's Expertise Center on People Trafficking
and Smuggling (EMM) brought together experts from the National Police
Criminal Investigation Service, military border police, regional police
forces, the Immigration and Naturalization Service, and the Social
Information and Investigation Service. The national prosecutor for
trafficking in persons supervised investigations conducted by the EMM,
which also provided specialized training to police in the
identification and protection of trafficking victims. The national
rapporteur on trafficking in human beings heads an independent,
publicly funded agency that reports annually to the Government on the
nature, extent, and mechanisms of trafficking as well as on the effects
of national policies. Authorities participated in international
investigations and cooperated closely with other governments on
trafficking. In February a human trafficking task force was set up that
included a member of the Board of Attorneys General, the national
rapporteur, senior officials of various ministries, the police, and
local government and judicial officials.
The mainland Netherlands government provides a temporary residence
mechanism (the B 9 visa) that gives trafficking victims three months to
consider pressing charges against their traffickers. A victim who does
so may remain in the country until the legal process has been
completed. During this period, the victim receives legal, financial,
and psychological assistance, and may work or receive vocational
training. Victims may request a permanent residence permit on
humanitarian grounds.
Specially trained police conducted regular inspections of brothels
and other commercial sex establishments to verify that individuals in
the sector were working voluntarily and to identify any potential
trafficking victims.
The Dutch government subsidized NGOs working with trafficking
victims. For example, Comensha offered victims social support, legal
advice, medical aid, shelters, and counseling. The Justice Ministry
cofinanced the La Strada program, aimed at preventing trafficking in
women in Central and East European countries.
In January the Justice Ministry provided funding for the Anonymous
Crime Reporting Center to renew and expand the successful campaign
against trafficking and sexual exploitation launched in 2006.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--Discrimination against persons with
disabilities was prohibited, but government enforcement was inadequate,
and there were some reports that such discrimination occurred. The
penal code provides penalties for discrimination in employment,
education, access to health care, and the provision of state services.
The Equal Opportunity Commission (CGB) received several dozen
complaints, mostly labor related, of such discrimination. Although CGB
rulings are not binding, they are usually implemented. The law requires
access to public buildings for persons with disabilities, but public
buildings and public transport often were not easily accessible in
practice.
National/Racial/Ethnic Minorities.--Incidents of physical assault
against minorities were rare, but members of minority groups
experienced verbal abuse and intimidation and were at times denied
access to public venues such as discotheques. The Muslim community of
approximately 850,000 persons faced frequent discrimination. Members of
immigrant groups also faced discrimination in housing and employment.
In 2007 the minority unemployment rate (15.5 percent) remained roughly
three times that of the ethnic Dutch workforce (4.3 percent).
A February 12 ECRI report contended that a number of government
practices both stigmatized and discriminated against members of
minority groups. For example, ECRI cited reports that police singled
out individuals from the Netherlands Antilles living in the mainland
Netherlands for searches without apparent reason. The report criticized
a planned registration system authorities had proposed specifically for
Antilleans. The Government defended the registration idea as a
temporary expedient that could enable it to locate members of this
transient minority in order to provide them with targeted support.
With the proliferation of Internet Web sites, the dissemination of
racial and discriminatory material remained widespread. The MDI
registered more than 1,000 instances in 2007 that it asserted were
punishable, a 10 percent increase over 2006. Jews, Muslims, Moroccans,
and Africans were the main target groups. A significant number of
controversial expressions (more than 90 percent) were removed
voluntarily at the center's request. MDI reported the nine most serious
cases to the prosecutor's office, but none was brought before a court.
The Government pursued an active campaign to increase public
awareness of racism and discrimination. Depending on the circumstances,
persons could file complaints of racism or discrimination with the
civil and criminal courts, the CGB, the national ombudsman, the
Commercial Code Council, the Council for Journalism, the European Court
of Justice, and the ECHR.
A network of antidiscrimination bureaus across the country received
more than 4,000 complaints in 2007, approximately the same number as in
2006. Most complaints concerned discrimination on racial or ethnic
grounds. About half of the complaints were about discrimination in the
labor market.
The majority of cases filed in criminal courts concerned racial
defamation. Civil lawsuits often alleged discrimination against persons
who were not ethnically Dutch in the supply of services, such as mobile
phones, or 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.
On May 14, the city council of Amsterdam presented an updated plan
of action against discrimination. The priorities were to enhance
victims' willingness to report incidents, to counter hate crimes
against homosexuals, and to promote a nondiscriminatory policy at clubs
and bars. Meanwhile, AI voiced criticism that most local governments
had failed to develop plans to combat discrimination and racism.
Other Societal Abuses and Discrimination.--There was increasing
harassment of homosexuals in larger cities, primarily by some groups of
Muslim youth. Most harassment consisted of verbal epithets and abuse.
Police gave efforts to combat antigay violence high priority. Amsterdam
police, who began keeping separate records of antigay incidents in
2007, recorded 234 antigay incidents in that year. Most involved
cursing and threats, but 79 cases involved violence.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--Workers are entitled to form or join
independent unions of their own choosing without prior government
authorization, and workers exercised this right in practice.
Approximately 25 percent of the legally employed work force was
unionized. The law allows unions to conduct their activities without
interference, and the Government protected this right in practice. The
law provides for the right to strike, and workers exercised this right
by conducting legal strikes. Public sector workers generally have the
right to strike, but a magistrate may forbid a strike that threatens
the public welfare or safety. For example, magistrates have often
prohibited police actions because of the essential services they
perform.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize, and specific laws provide for the
right to collective bargaining; workers exercised these rights in
practice. Collective bargaining agreements covered approximately 86
percent of workers.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that adults and children were trafficked for commercial sexual
exploitation and adults for labor exploitation. There were occasional
reports that workers were exploited in the restaurant, food processing,
domestic service, and agricultural sectors.
During the year a foreign court ruled in favor of three Cubans who
asserted they were among approximately 100 Cuban workers in a drydock
company in the Netherlands Antilles in 2005 and 2006. They were obliged
to work for as many as 110 hours a week at three cents an hour. Their
labor was the result of an arrangement between the Cuban government and
the Curacao Drydock Company, in which the Government of the Netherlands
Antilles was the largest shareholder, to pay off Cuba's multi million
dollar debt to the company. The workers who escaped described dangerous
working conditions that resulted in serious injuries; they claimed
their passports had been seized and they were only allowed to leave the
drydock on limited occasions and accompanied by a minder. In 2007 the
Antillean government investigated allegations of labor law violations
against the drydock and found insufficient evidence to proceed in the
complaint of excessive work hours. The arrangement between the company
and the Cuban government was terminated in 2007.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government enforced laws and policies to protect children from
exploitation in the workplace; however, children were trafficked for
commercial sexual exploitation. In 2007 the Dutch Coordination Center
against Trafficking in Persons registered 198 trafficking victims under
the age of 18.
The minimum age for employment is 16 years. Sixteen year olds in
school may not work more than eight hours per week. 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 of 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
charged with enforcement, found during the year that 70 percent of
companies employing holiday workers and children under 18 complied with
regulations.
e. Acceptable Conditions of Work.--The minimum wage for adults of
1,356.60 euros (approximately $1,900) per month provided a decent
standard of living for a worker and family. The minimum wage is
established by the Ministry of Labor.
The law sets a 40 hour workweek. The average workweek was 30.6
hours (38.7 hours for full time and 20 hours for part time workers).
Persons working more than four and one-half hours per day were entitled
to a 30 minute rest period. Overtime is regulated. There are no
exceptions for legal foreign workers. The Labor Inspectorate
effectively enforced the labor laws.
The tripartite labor commission actively monitored and effectively
enforced working conditions, including comprehensive occupational
safety and health standards set by law. The Ministry of Labor and
Social Affairs also monitored standards. Workers could remove
themselves from dangerous working conditions without jeopardizing their
continued employment, and they exercised this right in practice.
Workers in the significant underground economy enjoyed neither the
minimum wage nor any of the other legal, administrative, or safety
protections available to other workers.
__________
NORWAY
Norway is a parliamentary democracy and constitutional monarchy;
King Harald V is head of state. The population is approximately 4.73
million. The country is governed by a prime minister, a cabinet, and
the 169-seat Storting (parliament) that is elected every four years and
cannot be dissolved. Free and fair elections to the multiparty
parliament were held in 2005. Civilian authorities generally maintained
effective control of the security forces.
The Government generally respected the rights of its citizens, and
the law and the independent judiciary provided effective means of
addressing isolated instances of abuse. During the year there were
security problems at refugee centers. Violence against women was a
problem, and there were reports of trafficking of women, children, and
men.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the Government
generally respected these provisions in practice.
There was one report that police used excessive force during the
year. According to a September newspaper report, police forcibly
apprehended and handcuffed a 15-year-old girl who had run away from a
home run by social services. The girl spat at one of the police
officers, who responded by hitting her in the face and allegedly
kicking her while transporting her back to the youth facility she had
run away from. Oslo District Court found the girl guilty of spitting
and using foul language toward the police, and the court also strongly
criticized the use of force by the police. The Oslo police authority
publicly criticized media coverage of the incident as sensational and
biased.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the Government permitted
visits by independent human rights observers; however, no such visits
took place during the year. The system was considered transparent;
prisoners were represented by an ombudsman who could visit at prisoner
request or at the ombudsman's own initiative.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--The national police
have primary responsibility for internal security; the police may call
on the armed forces for assistance in crisis situations. In such
circumstances, the armed forces are under police authority. The
Ministry of Justice and Police oversees the police force.
The police force was generally effective, and corruption was not
generally a problem. Adequate measures were in place to investigate
police abuses. An independent police complaint commission investigates
reports of corruption within the police force.
On June 23, a case was filed with the European Court of Human
Rights in Strasbourg concerning Eugene Obiora, a citizen of Nigerian
origin, who died in 2006 after four police officers arrested him in
Trondheim for disorderly conduct. At year's end, the court had not
decided whether to hear the case. Police had used a neck hold to
restrain Obiora when he struggled during arrest; Obiora lost
consciousness and later died in the hospital. A case against the
arresting officers initially was dismissed for lack of evidence, and in
December 2007 the public prosecutor cleared the officers of
responsibility for the death. The parliamentary ombudsman also
investigated the case during the year but had not announced his
findings by year's end. In connection with the incident, evidence of a
racist attitude--graffiti on the wall of the police station handling
the case--was leaked to the media.
Arrest and Detention.--The law requires warrants for arrests, and
police generally arrested a person based on a warrant authorized by a
prosecutor. Police must file a justification to hold detained persons
in custody within four hours of their arrest, and detainees must be
promptly informed of the charges against them. An arrested suspect must
be arraigned 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. Nonresident foreigners
are not released pending trial. Arrested persons are allowed prompt
access to a lawyer of their choosing or, if they cannot afford one, to
an attorney appointed by the Government. Arrested persons are generally
allowed access to family members.
There is no bail system or similar mechanism. Defendants accused of
minor crimes routinely are released pending trial. Defendants accused
of serious or violent crimes generally remain in custody until trial.
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 law provides for the right to a fair trial,
and an independent judiciary generally enforced this right.
Trials are public. Juries are used only in criminal cases heard by
the court of appeals. Defendants enjoy a presumption of innocence.
Defendants have the right to be present, to have counsel-at public
expense if necessary-to confront and question witnesses, to present
evidence and witnesses, and to appeal. Defendants and their attorneys
have access to government-held evidence relevant to their cases. The
law extends the above rights to all citizens.
There are no military courts; military crimes are tried in a
civilian court, with the addition of a military judge to assist the
civilian judges in trying the case.
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 that can adjudicate cases
involving human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
More than 80 percent of citizens had Internet access; 82 percent of
citizens accessed the Internet at home, and over 45 percent accessed
the Internet at their workplace.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right
in practice.
The state church is the Evangelical Lutheran Church of Norway,
which was supported financially by the Government. The constitution
requires that the King and at least half of the cabinet belong to this
church. Other denominations operated freely. As a result of an April
agreement between the church and the state, the church is able to
select its own bishops (but the state still appoints them until and
unless the constitution is amended).
A religious community is required to register with the Government
if it desires government financial support, which is provided to all
registered denominations on a proportional basis in accordance with
their membership.
The law permits private or religious schools and day care centers
to ask persons seeking employment whether they will respect and teach
the denomination's beliefs and principles. Employers may reject
applicants on the basis of their responses. In February 2007 the
Ministry of Education allowed schools to prohibit the wearing of the
niqab (a veil worn by strictly observant Muslim women that entirely
covers the face except for the eyes), but there were no reports that
school officials implemented the prohibition.
On May 17, the country's Constitution Day, Petar Keseljevic and
Lawrence Keffer were arrested as they attempted to evangelize on the
streets of Oslo. They were approached by angry members of the public,
who yelled at them not to spread political or religious messages during
the parade. The police asked them to move, and when they refused they
were arrested. Keseljevic claimed that his right to free speech had
been violated, but the Oslo District Court found that the two
evangelists were effectively engaged in a demonstration and the police
were therefore justified in asking them to move. Each was fined 10,500
kroner (approximately $1,500) plus legal fees of 1,500 kroner ($200). A
similar incident involving Keseljevic in 2007 was appealed to the
European Court for Human Rights in March; at year's end the court had
not yet decided whether to hear the case.
Societal Abuses and Discrimination.--The Jewish population is
relatively small, with about 1,000 members. In November and December,
there was considerable press debate over whether anti-Semitism was
increasing in the country and whether press coverage of Israel is
balanced. Politicians, religious leaders, and academics spoke out on
the question; there was no consensus. Separately, the press heavily
criticized a controversial television comedian for telling a joke that
trivialized the Holocaust killings. A nongovernmental organization
(NGO) reported the incident to the police, but the comedian was not
charged with any wrongdoing.
In May a court convicted Arfan Bhatti of conspiracy to commit
``serious vandalism'' in connection with gunshots fired at the Oslo
synagogue in 2006. The court acquitted Bhatti of the charge of
terrorism in connection with the shooting and plots to attack several
foreign embassies but sentenced him to eight years' imprisonment for
attempted murder and threatening behavior-charges unrelated to the
synagogue shooting. At year's end Bhatti remained in custody awaiting
appeal of his conviction.
The Government continued to support organizations that worked to
combat discrimination; it supported the foundation ``The White Buses,''
which took students from the country to Auschwitz to educate them about
the Holocaust.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern. The law prohibits
forced exile, and the Government did not employ it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government granted refugee status or
asylum and accepted refugees for resettlement.
The Government also provided temporary protection to individuals
who may not qualify as refugees under the 1951 convention or the 1967
protocol, and provided it to 1,960 persons in 2007. Through November
such protection was provided to 1,721 persons.
On July 18, a sniper firing from a hillside into an asylum center
shot and critically injured a 16-year-old asylum seeker from Somalia.
In August authorities charged a 50-year-old attorney with attempted
murder after he admitted firing the rifle. The shooter was found
mentally unfit to stand trial, and was required to undergo psychiatric
treatment.
In July asylum seekers and permanent residents of Kurdish and
Chechen origin were involved in a violent fight at an asylum center.
The media reported that a large number of Chechen men armed with
machetes and iron bars broke into the center and that more than 20
persons were injured. Witnesses reported that it took one hour for
police to arrive at the center.
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.--Free and fair parliamentary
elections held in 2005 resulted in the formation of a coalition
government of the labor, socialist left, and center parties.
Political parties operated without restriction or outside
interference.
There were 64 women in the 169-seat parliament and seven women
among the 19 Supreme Court justices. Women headed nine of the 19
government ministries. There was one member of a minority in
parliament. There were no minority ministers or Supreme Court justices.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. There were no confirmed reports of
government corruption at the federal level 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.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views. The country
has a parliamentary ombudsman who had the Government's cooperation and
operated without government interference. The ombudsman has the
authority to hear complaints on actions by government officials, but
the office has not issued any reports specifically on human rights
issues. Although the ombudsman's recommendations are not legally
binding, in practice government authorities generally complied with
them.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government generally enforced this
prohibition in practice, although violence against women and
trafficking in persons were problems.
Women.--The law criminalizes rape, including spousal rape, and the
Government enforced the law. The number of rapes reported during 2007
was 1,060, an increase from 2006.
The penalty for rape is generally one to 10 years in prison,
depending on the severity of the assault, the age of the victim, and
the circumstances under which the crime occurred. Eighty-four percent
of rape cases reported to police in 2007 never reached the courts,
usually due to reluctance on the part of the victim to press charges.
Approximately 36 percent of rape trials end in acquittal. In March 2007
a task force convened by the chief prosecutor's office to examine rape
trends reported that one problem was that the system is male-dominated,
but the task force did not propose any concrete steps to improve the
system. The Ministry of Defense separately identified a gap in the
reporting and investigation of sexual assaults against female
enlistees.
Violence against women, including spousal abuse, was a problem. The
law provides higher penalties for domestic violence than for simple
assault-generally one to six years in prison, with an increased term in
more severe cases-and the Government enforced the law in practice. In
2007, 948 cases of domestic violence were registered.
The Government generally, and police agencies in particular, had
programs to prevent rape and domestic violence and to counsel victims.
There is a domestic violence coordinator in each of the country's 27
police districts to provide assistance to victims. Public and private
organizations ran 50 government-funded shelters and managed five 24-
hour crisis hot lines. The shelters provided support and counseling for
victims and helped them gain access to social services, doctors,
lawyers, and housing authorities.
Parliament passed a law on November 20 outlawing the purchase, but
not the sale, of sexual services. This law takes effect on January 1,
2009 and applies to citizens regardless of where in the world the
purchase takes place. Organized prostitution and pimping remain
prohibited. NGOs and the Government estimated that more than 2,600
persons sold sexual services in 2007. NGOs reported that a few persons
selling sexual services appeared to be under the age of 18, although
they generally claimed to be older. Between 70 and 90 percent of the
persons engaged in prostitution were foreign women.
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.
Women have the same legal status as men and enjoy identical rights
under family and property laws and in the judicial system. The office
of the equality and antidiscrimination ombudsman generally was
effective in processing and investigating complaints of sexual
discrimination. In 2007 the office received 622 complaints. Of these,
545 resulted in guidance being given to one of the parties without a
finding of illegality. The remaining 77 cases were still pending.
Ombudsman statements can conclude in a finding of illegality.
The law provides that women and men engaged in the same activity
shall have equal wages for work of equal value. According to the office
of the equality and antidiscrimination ombudsman, which monitors
enforcement of the law, women on average received 10 to 15 percent less
in pay and benefits than men for equal work.
The law mandates that 40 percent of publicly listed companies'
directorships were to be held by women. By the end of the year, all
public companies had complied.
Children.--The Government was strongly committed to children's
rights and welfare; it amply funded systems of education and medical
care, with equal access for girls and boys.
In 2007 childcare services investigated 32,700 allegations of abuse
and intervened in 6,300 cases that authorities considered to constitute
child abuse or failure to care for a child. An independent children's
ombudsman office within the Ministry of Children and Families 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.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons, but there were reports that women, and possibly children
under 18 years of age, were trafficked to and in the country for
commercial sexual exploitation. There was one reported case of men
trafficked for labor.
The country was a destination for women and children trafficked
from Nigeria, Russia, Albania, Ukraine, Latvia, Lithuania, Estonia,
Brazil, and East Asian countries for sexual exploitation. Victims were
sometimes trafficked to the country through transit countries such as
Sweden, Denmark, Italy, and the Balkan countries.
Children in refugee centers were vulnerable to trafficking. An
April report by the minister of justice said that 37 of the 51 children
that were missing between 2005-07 were not found, and 11 were suspected
to have become victims of trafficking. When this report was published,
Libe Rieber-Mohn, Minister of State for the Labor and Integration
Ministry, said there were many reasons why children might ``disappear''
from asylee/refugee reception centers, including providing false
information about their ages, seeking asylum in other countries, and
going to live with extended families.
The maximum sentence for trafficking in persons is five years, or
up to 10 years for aggravated cases; sentences are determined by
several factors, including the victim's age, the use of violence or
coercion, and any proceeds derived from exploitation. Traffickers can
also be charged with violating pimping, immigration, and slavery
prohibitions. Victims may sue their traffickers for compensation
without impediment.
The Ministry of Justice and Police coordinates and implements
antitrafficking measures. In 2007 there were 31 complaints of human
trafficking, and police districts investigated 23 trafficking cases;
there were six prosecutions and six convictions.
The Government cooperated with foreign governments, Interpol, and
Europol in the investigation and prosecution of trafficking cases. The
country's collaboration with other Scandinavian countries was
particularly strong.
In July a UK national was convicted of trafficking two homeless
British men to the country to work paving driveways for minimal
compensation and under threat of violence. The trafficker was sentenced
to a year and a half in prison.
Government officials believed that organized crime groups were
responsible for most trafficking. Police identified a number of
possible victims trafficked by organized criminals for the purpose of
sexual exploitation. Most of these suspected victims were women from
Nigeria, Russia, Albania, Eastern Europe, and the Baltic countries.
Suspected victims were often reluctant to press charges, making it
difficult for police to identify and assist them and to prosecute
traffickers.
Although trafficking victims may be prosecuted for violating
immigration laws, no such prosecutions occurred during the year.
Deportation decisions concerning victims of trafficking may be
suspended for a 90-day reflection period to provide time for practical
assistance and counseling to the individuals concerned. However, in a
widely reported case in September, a trafficking victim was sent back
to her country of origin by immigration authorities after cooperating
with police and acting as a witness against the trafficker.
Government officials sought to improve public awareness of
trafficking, while NGOs conducted outreach programs to provide
trafficking victims with information on their legal rights and
available health and other services. During the year the Ministry of
Children and Equality initiated a ``Stop Trafficking'' informational
campaign to discourage the purchase of sexual services, both within the
country and by citizens when abroad. Foreign victims of trafficking
have the same legal rights as other foreigners to apply for residency,
asylum, welfare, social aid, and emergency health care.
The Government's assistance program for trafficking victims
included support centers, shelters, and a 24-hour hot line. The
Government also ran a national network of crisis centers where
trafficking victims could seek assistance finding shelter, work, and
education.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or in the provision of other state services. The law
mandates access to public buildings for persons with disabilities, and
the Government generally enforced this provision in practice. The
office for disabled persons in the Ministry of Labor and Social
Inclusion was responsible for protecting the rights of persons with
disabilities; that office coordinated relevant national policy and
managed the social benefits system for such persons.
National/Racial/Ethnic Minorities.--The media reported complaints
from children of immigrants that they were excluded from mainstream
society and that they had fewer and inferior job opportunities than did
ethnic majority citizens.
There was intense press coverage of an Oslo court's early December
ruling in a case that had sparked charges of racism by public servants.
The court found an ambulance paramedic not guilty of ``inappropriate
conduct'' in his job when he refused to transport a severely beaten
citizen of Somali descent to a hospital. The court found that the
paramedic believed the injured man was not seriously injured and that
he had intentionally urinated on the driver's colleague. The ambulance
personnel's comments to their dispatcher upon leaving the scene,
however, were recorded and disseminated in the press, and showed that
they knew he was concussed, bleeding from his head, in a cold sweat,
and had a possible brain injury. The injured man reached the hospital
by taxi and was in a coma for ten days. The court overturned a prior
judgment by the police special investigative unit that the paramedics
should be fined for acting improperly. In addition to refusing to
consider the issue of racism, the judge stated that public employees
generally were entitled to ``leeway'' before their behavior was
punishable under the law, and that such leeway was warranted in this
case.
Indigenous People.--The rights of the indigenous Sami were
protected by the Government, which provided Sami language instruction
at schools in their areas, radio and television programs broadcast or
subtitled in Sami, and subsidies for Sami-oriented newspapers and
books. A deputy minister in the Ministry of Labor and Social Inclusion
deals specifically with Sami issues.
In addition to participating freely in the national political
process, the Sami elect their own constituent assembly, the Sameting.
The law establishing the Sameting stipulates that this 39-seat
consultative group is to meet regularly to deal with ``all matters,
which in [its] opinion are of special importance to the Sami people.''
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination based on sexual orientation.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form and
join independent unions of their choice without previous authorization
or excessive requirements, and they exercised these rights in practice.
Approximately 47 percent of the workforce was unionized. 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, and workers exercised
this right in practice; however, the Government may, with the approval
of parliament, compel arbitration under certain circumstances. The
Government did not invoke compulsory arbitration during the year.
b. The Right to Organize and Bargain Collectively.--All workers,
including government employees and military personnel, have the right
to organize and bargain collectively, and they exercised this right in
practice.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. There were reports
that women, and possibly children under 18 years of age, were
trafficked to and in the country for commercial sexual exploitation and
one report that men were trafficked for labor.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government implemented laws and policies to protect children from
exploitation in the workplace. Children 13 to 18 years of age may be
employed part-time in light work that will not adversely affect their
health, development, or schooling. Minimum age rules were observed in
practice and enforced by the Directorate of Labor Inspections (DLI).
There were no other reports of illegal child labor during the year.
e. Acceptable Conditions of Work.--There is no legislated or
specified minimum wage, but wages normally fall within a national scale
negotiated by labor, employers, and local governments. The average
daily wage provided a decent standard of living for a worker and
family.
The law limits the normal workweek to 37.5 hours and provides for
25 working days of paid leave per year (31 days for workers over age
60). The law mandates a 24-hour rest period on weekends and holidays.
The law provides for premium pay for overtime and prohibits excessive
compulsory overtime. Although the law provides the same benefits for
citizens and foreign or migrant workers, there were reports of foreign
workers, especially in the construction industry, being underpaid or
overworked beyond what is legally permissible.
The law provides for safe and physically acceptable working
conditions for all employed persons. Specific standards are set by the
DLI in consultation with nongovernment experts. Under the law,
environment committees composed of representatives of management,
workers, and health personnel must be established in all enterprises
with 50 or more workers, and safety delegates must be elected in all
organizations. Workers have the right to remove themselves from
situations that endanger their health, but no data was available on
whether they exercised this right in practice. The DLI effectively
monitored compliance with labor legislation and standards.
__________
POLAND
Poland is a republic with a multiparty democracy and a population
of approximately 38.5 million. The bicameral National Assembly consists
of an upper house, the Senate (Senat), and a lower house (Sejm).
Executive power is shared among the prime minister, the Council of
Ministers, the president, and the Sejm. The October 2007 preterm
National Assembly elections and the 2005 presidential election were
both free and fair. Civilian authorities generally maintained control
of the security forces.
The Government generally respected the human rights of its
citizens; however, prison conditions remained poor and overcrowded;
lengthy pretrial detention, misconduct and excessive use of force by
law enforcement officials remained problems. The judicial system was
inefficient and continued to function poorly. Occasional anti-Semitic
violence and harassment also were problems. Corruption remained a
problem throughout the Government and society. There was discrimination
against women in the labor market, sexual exploitation of children,
trafficking in women and children, and societal discrimination and
violence against ethnic minorities and homosexuals. Violations of
workers' rights and antiunion discrimination also were problems.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
On June 30,prosecutors in Lodz indicted three police officers in
connection with a 2004 incident in which police mistakenly used live
ammunition instead of rubber bullets to quell a riot after a soccer
game. One person was killed and a second injured. The indicted officers
include a highway police officer who was on duty the night of the
incident, his assistant who issued live ammunition, and a Lodz city
police officer who coordinated the operation. The charges, which
include failure to fulfill duties and creating unintentional danger,
carry a maximum penalty of eight years' imprisonment.
On July 10, the District Court in Warsaw discontinued the case
against Communist-era general Czeslaw Kiszczak, who was accused of
ordering militia to open fire on striking Wujek miners in 1986. The
court concluded that, although Kiszczak endangered the miners, he did
so unintentionally.
On June 24, an appeals court in Katowice upheld a May 2007 District
Court ruling that 15 Communist-era police officers were guilty of
firing on striking coal miners in 1981. Nine persons were killed and 25
others wounded in the incident at the Wujek coal mine. Commander
Romuald Cieslak was sentenced to 11 years in prison; 14 officers under
his command received sentences of from two and one-half to three years.
On September 12, the Warsaw District Court began a trial against
eight former Communist-era officials who imposed martial law in 1981,
including generals Wojciech Jaruzelski and Czeslaw Kiszczak. If
convicted on charges of violating the constitution, committing
Communist crimes, and leading an organized criminal group, the
defendants could be sentenced up to 10 years in jail.
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 in practice; however,
there were problems with police misconduct and mistreatment of
prisoners and detainees. Under the criminal code, torture and cruel or
degrading treatment are not reported as crimes.
On December 2, the country's human rights ombudsman issued a formal
statement of concern to the chief of the National Police about the
excessive use of force by the police, and requested information on a
plan to address the problem.
The law on police misconduct outlines disciplinary actions, which
include reprimands, demotion in rank, and dismissal.
According to the National Police, the courts convicted 68 officers
of misconduct between January and November, and 75 officers of
misconduct in 2007. Although the number of officers disciplined by
internal police proceedings has decreased in recent years, the number
of misconduct investigations has increased due to new procedures that
require all misconduct complaints be reviewed by the police internal
affairs office. For example, in 2007, 6,184 cases of police misconduct
were reviewed. Of that number, 761 officers were disciplined, including
77 who were dismissed. In 2006, 4,856 cases of misconduct were
investigated; 913 officers were disciplined, including 81 who were
dismissed.
Prison and Detention Center Conditions.--Prison and detention
center conditions did not always meet international standards.
Overcrowding and inadequate medical treatment continued to be problems.
As of July 31, 84,960 persons were held in prisons and detention
facilities according to government statistics. Total capacity compared
to the previous year increased by approximately 2,900 and was estimated
at 78,909 persons; overcrowding remained unchanged at 117 percent.
European Union (EU) standards set minimum cell size at 64 square
feet (six square meters). Under the country's criminal code, minimum
cell size is set at 32.28 square feet (three square meters); however,
in practice this standard was often not met. According to the criminal
code, prison directors may place prisoners for a limited time in cells
smaller than 32 square feet per person. In practice, however, prisoners
generally remained in small cells for the duration of their sentence.
On May 26, the Constitutional Court ruled that a provision in the
criminal code, which allows the justice ministry to keep prisoners in
overcrowded cells for unlimited periods of time, violates the
constitution and the law on cruel and degrading treatment. The new
provision will take effect in December 2009.
During the year the human rights ombudsman received a total of
5,718 complaints, compared to approximately 4,000 in 2007, mainly
regarding poor prison conditions, such as poor medical care, abuse by
prison authorities, overcrowding, and violations of mail and visiting
rights.
In December 2007 a Wroclaw court ruled for a second time against a
prisoner's complaint for compensation for being held in a severely
overcrowded detention cell and subjected to demeaning conditions. The
court's first ruling was overturned by the Supreme Court, which upheld
the prisoner's complaint and ordered the Wroclaw court to rehear the
case as a violation of personal rights and dignity. In its second
ruling, the Wroclaw court stated that the prisoner did not specify what
type of violation of dignity occurred, and that the prisoner's
conditions were similar to those of other prisoners.
While juveniles were generally separated from adults, in
exceptional cases the law allows juveniles and adults to be housed
together in prisons and detentions centers. Juveniles (17- to 21-year-
olds) accused of serious crimes were usually sent to pretrial
detention.
Pretrial detainees were often held in prisons, but in separate
areas. Conditions for pretrial detainees were generally similar to
those for prisoners, but on occasion were notably worse due to greater
overcrowding and poorer facilities.
The Government allowed independent monitoring of prison conditions
and detention centers on a regular basis by the country's human rights
ombudsman.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--The police force is a
national law enforcement body with regional and municipal units
overseen by the minister of interior. Corruption within the 100,000-
member police force remained widespread, and there was a public
perception that police were unduly influenced by political pressures.
Instances of corruption and serious criminal misconduct were
investigated by the National Police's Internal Affairs Office.
There were several ongoing high-profile scandals involving the
security apparatus that originated in 2007. National media, NGOs, and
prominent intellectuals questioned the legality of some investigation
methods used by police, the Prosecutor's Office, the Central Bureau of
Investigation, and the Central Anticorruption Bureau.
There were no reports of arrests, trials, or other developments in
connection witha major corruption investigation of senior officials for
malfeasance in public tenders. In 2007, 17 persons, including five
senior employees at National Police headquarters, were charged in the
case with abuse of power, failure to fulfill duties, and perjury.
Arrest and Detention.--By law authorities must obtain a court
warrant based on evidence to make an arrest, and authorities generally
complied with the law in practice. However, pretrial detention was a
serious problem that contributed to overcrowding and deterioration of
detention facilities.
The law allows a 4-hour detention period before authorities must
file charges, and an additional 24 hours for the court to decide
whether to order pretrial detention. Detainees must be informed
promptly of the charges and have the right to counsel; the Government
provides free counsel to the indigent. Defendants and detainees have
the right to consult an attorney at any time. There was a functioning
bail system, and most detainees were released on bail.
Detainees may be held in pretrial detention for up to three months
and may appeal the legality of their arrest. A court may extend
pretrial detention every six to 12 months, but the total time in
detention may not exceed two years. However, in practice detention
frequently extended beyond two years. In certain complex cases, the
court may petition the Supreme Court for an extension beyond two years.
For example, on November 5, a court in Katowice extended the
detention of businessman Marek Dochnal for an additional three months.
Dochnal was first arrested in 2004 on charges of bribing public
officials; he remained in pretrial detention for over three years
during the investigation. On January 28, the European Court of Human
Rights (ECHR) notified the Government that it had accepted Dochnal's
July 2007 complaint protesting his detention. A Warsaw court
independently released Dochnal three days later. His trial began on
July 10; however, Dochnal was rearrested on August 7 by the Internal
Security Agency (ABW) because authorities suspected that he may flee
the country.
The Central Prison Authority stated that as of October 31, there
were 9,464 pretrial detainees, a drop of approximately 4,500 from March
2007. According to media reports, the drop is partly due to fewer
requests by prosecutors for pretrial detention and a decline in the
number of requests approved by judges.
According to a September 26 article by the leading daily
Rzeczpospolita newspaper, between 1999 and 2007, the ECHR determined in
113 cases that authorities violated the human rights and fundamental
freedom of detained persons due to lengthy pretrial detention.
In a May 2007 report the UN Committee against Torture expressed
concern about the length of pretrial detention. It noted that the
country's law does not provide for a time limit for pretrial detention
at the start of court proceedings.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice; however, the judiciary remained inefficient and
lacked public confidence.
Military courts, which are supervised by the minister of justice
and the prosecutor general, have jurisdiction over crimes committed by
members of the military while on duty. Defendants enjoy the same rights
as civilians.
The Supreme Court handles appeals of lower court decisions and
ensures that laws are applied uniformly. The 15-member Constitutional
Court is nominated and approved by the lower house of the Sejm. It
reviews the constitutionality of laws, adjudicates disputes between
government entities, and monitors the constitutionality of actions by
political parties.
The court system remained cumbersome, poorly administered, and
inadequately staffed. Most notably there were more criminal judges than
prosecutors in many districts. Court decisions frequently were not
implemented. Although there was some progress reported on the
computerization of the court system, a continuing backlog of cases and
the high cost of legal action deterred many citizens from using the
justice system.
In 2007 a system of ``2-hour courts'' was implemented to expedite
trials for minor offenses and petty crimes. Under the system, the
accused must be tried within 72 hours of arrest. Police and prosecutors
have 48 hours to collect evidence and file a case; courts must issue a
decision within 24 hours. However, the system was reported to have
achieved little relative to its high costs.
Trial Procedures.--Cases are tried in regional and provincial
courts by a panel composed of a judge and two lay assessors. Defendants
enjoy a presumption of innocence, are allowed to consult an attorney,
must be present during trial, may confront and question witnesses, have
access to government-held evidence, and may present evidence and
witnesses. Prosecutors can grant witnesses anonymity if they express
fear of retribution from defendants. Trials are usually public;
however, the courts reserve the right to close a trial in some
circumstances, including divorce proceedings, cases involving state
secrets, or cases with content that may offend public morality.
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.
The law provides for juries, usually composed of two or three
individuals appointed by local officials.
Individuals continued to file complaints against the Government
with the ECHR regarding trial delays, the right to a fair trial, and
the lack of due process.
According to the Warsaw-based Helsinki Foundation for Human Rights,
between January and November, the ECHR issued judgments in 123 cases
regarding the country. The highest number of cases, 56, pertained to
the right to a fair trial; 49 to the right of liberty and security,
which included pretrial detention. The remainder pertained to the right
to respect for privacy and family life, protection of property, and
freedom of expression and effective remedy.
In May 2007 the Constitutional Court declared many provisions of
the country's ``lustration'' law unconstitutional. The law, passed in
1997 and amended in 2006, was designed to expose officials who may have
collaborated with Communist-era secret police. It required vetting of
an estimated 700,000 persons, including civil servants, politicians,
and individuals in positions of public trust, such as school principals
and journalists, by the National Institute of Public Remembrance. The
court's ruling limited the scope of the lustration law, but still
allowed researchers and journalists to review the results of the
institute's vetting and investigations.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The judiciary system is
generally independent and impartial in civil cases, and there is access
to courts to bring lawsuits seeking damages for or cessation of human
rights violations. The constitution and law provide for the sovereignty
of and public access to the judiciary. However, implementation of court
orders, particularly payment of damages, is slow, cumbersome, and
ineffective. Court decisions are poorly enforced; recent changes to
civil procedure place speed and efficiency ahead of individual rights
and the right to legal counsel in practice is limited.
Property Restitution.--The law provides for restitution of communal
property seized during the Communist and Nazi eras. However, there is
no comprehensive law on returning or compensating for privately-held
real property confiscated during these eras. During the year, the
Government continued to develop legislation to provide administrative
mechanisms for the restitution of private property in addition to
existing judicial mechanisms.
However, despite the lack of a comprehensive law, some illegally
nationalized private property has been restored. Between 2001 and
August of the reporting year approximately 382.2 million zloty ($128
million) was paid as compensation for illegally nationalized private
property. Compensation from the State Treasury Reprivatization Fund was
distributed to 1,901 individuals and 41 businesses. Compensation
payments were also made to persons who lost private property as a
result of persecution by the state.
Pursuant to a 2005 law concerning properties lost because of border
changes after World War II, the Government paid compensation on 20
percent of the value of such property. By the end of July, the state
treasury paid compensation in 5,208 cases of approximately 203 million
zloty ($68 million). According to the Government, the 2005 law could
affect approximately 80,000 claimants for property now located in
Lithuania, Belarus, and Ukraine. The law also requires the treasury to
create registers of all claimants who have the right to compensation.
The deadline for submitting applications for claims is December 31.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions; however, the
Government did not always respect these prohibitions in practice.
At year's end the legality of the ABW's installation of scanning
and handwriting analysis equipment at mail-sorting facilities remained
under review by the human rights ombudsman and the General Inspector
for the Protection of Personal Data.
The equipment, which has already been installed in Poznan, screens
all incoming and outgoing mail and reports results back to the security
agency.
The law allows electronic surveillance for crime prevention and
investigations. However, there was no independent judicial review of
surveillance activities, nor was there any control over the use of
information obtained by monitoring private communications. A number of
government agencies had access to wiretap information.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, in practice there were
laws that restricted these freedoms. According to NGOs and
international media monitoring groups, since 1990 the courts and
government have either upheld or instituted laws to criminalize
defamation by the media.
For example, defamation is a criminal offense punishable by up to
two years' imprisonment. This includes publicly insulting, defaming or
libeling the president, members of parliament, government ministers and
other public officials. However, the law is rarely applied; journalists
found guilty of defamation are generally only fined.
The law also prohibits hate speech, including dissemination of
anti-Semitic literature.
Independent media were active and expressed a wide variety of views
without restriction. Private television, satellite, and cable
subscription services were available across most of the country.
Electronic media operated on frequencies selected by the Ministry of
Communications and auctioned by KRRiTV, the National Radio and
Television Broadcasting Council, a five-member body appointed by the
National Assembly and the president.
The KRRiTV council, which is responsible for protecting freedom of
speech, 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 or public associations, critics asserted that the council
continued to be politicized. The president selects two members, the
Sejm two members, and the Senate selects one member.
The Catholic nationalist radio station Radio Maryja is designated a
``public broadcaster'' and exempted from paying regular licensing fees
of up to 1.4 million zloty (approximately $467,000). The station, which
was founded in 1991, features conservative Catholic call-in shows that
have on occasion included anti-Semitic statements. Radio Maryja is
privately owned by the Polish province of the Congregation of the Most
Holy Redeemer of the Catholic Church, which has provinces throughout
the world.
The law prohibits the media from promoting activities that are
illegal or 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.''
The Government enforced this provision in practice, levying fines on
programs deemed offensive.
For example, on April 22, KRRiTV fined private television station
TVN 471,000 zloty ($157,000) for broadcasting a talk show during which
the participants stuck a national flag into dog excrement. On November
17, a court in Warsaw suspended the fine pending a review of TVN's
appeal.
On September 19, the Constitutional Court annulled an article in
the criminal code that provides for a prison sentence of up to three
years for anyone who publicly defames the ``Polish nation.'' The ruling
stemmed from an investigation, begun in January by prosecutors in
Krakow, to determine whether a book by historian Jan Gross on anti-
Semitism in the country after World War II was defamatory. The
prosecutors dropped the investigation in February without filing
charges.
On September 29, the Constitutional Court upheld an article in the
press code that allows for fines and limits editorial independence.
Under the article, journalists must verify quotes and statements with
the person who made them prior to publication. The court's ruling
follows the libel conviction of Jerzy Wizerkaniuk who published an
interview in 2003 in the weekly Gazeta Koscianska with a member of
parliament. The member, Tadeusz Myler of the Democratic Left Alliance
(SLD), sued for defamation. Wizerkaniuk appealed the ruling to the
ECHR.
There was no development in the2006 case filed by journalist Jerzy
Urban with the ECHR. Urban argued that a 20,000 zloty ($6,700) fine
levied by a Warsaw appeals court for alleged slander was a violation of
his right to free speech. The case stemmed from an article Urban
published in 2002 in the news weekly Nie that criticized the pope.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chatrooms. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail.
More than 51 percent of households in the country owned a personal
computer and used the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
Under the criminal code, offending religious sentiment through
public speech is punishable by a fine or a prison term of up to three
years. More than 94 percent of the population was Roman Catholic.
Citizens have the right to sue the Government for constitutional
violations of religious freedom and legal protections cover
discrimination or persecution of religious freedom.
Religious education classes were taught in public schools. Parents
could request instruction in any registered religion, including
Protestantism, Orthodox Christianity, Judaism, and Islam. Children may
choose between religious instruction and ethics. Catholic Church
representatives were included on a commission that determined whether
books were acceptable for school use.
There were no developments in a case pending before the
Constitutional Court with regard to a regulation on religious education
in schools. In July 2007 the former minister of education signed a
directive that religious education should be graded and included in
students' grade point averages. The opposition Democratic Left Alliance
challenged the regulation on grounds that it was unconstitutional and
would discriminate against students who do not take religious
instruction.
The Government continued to work with local and international
religious groups to address property claims and other sensitive issues
stemming from persecution and confiscation during the Nazi and
Communist eras. Five commissions, one each for the Catholic Church,
Jewish community, Lutheran Church, and Orthodox Church, and one for
other denominations, supervised by the Interior Minister oversee
religious property claims. Of approximately 10,000 communal property
claims filed for restitution of religious property, more than 5,200 had
been resolved and more than 1,200 properties had been returned by
year's end.
As of August 31, 1,473 of the 3,063 claims filed by the Catholic
Church were settled between the Catholic Church and the party in
possession of the property, which was primarily the national or local
government.
There were 5,544 property claims submitted by the Jewish community.
As of September 29, the commission either partially or entirely
concluded 1,450 cases. Of that number, 389 were settled amicably; 259
claims were either partially or entirely accepted; 474 ended in a
decision to discontinue proceedings; 213 claims were rejected; and in
42 cases the judgment had not been agreed upon. The time period for
filing claims under a 1997 law ended in 2002.
The Lutheran Church filed claims for 1,200 properties. As of July
31, 890 cases were concluded, of which 239 were resolved by a
settlement between the parties; 159 ended in judgments; 492 claims
ended in the decision to discontinue or to reject the application. The
deadline for filing claims was 1996.
As of September 16, the Orthodox Church filed 472 claims with its
commission, of which 274 were closed in full or in partial settlement;
14 cases concluded in a judgment on the return of property or financial
compensation; 53 cases were discontinued and three were dismissed.
The fifth property commission, for all other denominations,
received a total of 168 claims. As of September 11, 62 cases have been
concluded, with 11 judgments on transfer of property or compensation,
two settlements for property and financial compensation; 32 claims have
been discontinued; six claims were dismissed, and in 11 cases an
agreement had not been reached.
Societal Abuses and Discrimination.--There were reports of
occasional anti-Semitic incidents, including desecration of Jewish
cemeteries. The Jewish community was estimated at 20,000 to 30,000,
including 2,500 registered members listed in the country's statistical
yearbook. The Government publicly criticized anti-Semitic acts and
supported tolerance education.
The country has made considerable progress in relations with its
Jewish communities; however, members of populist and nationalist
parties and organizations continued to make some extremist, intolerant,
and anti-Semitic statements. Two political parties that were part of
the governing coalition and whose members made anti-Semitic statements
were not reelected to the Sejm in the preterm October 2007
parliamentary elections.
In February Leszek Bubel, a self-proclaimed anti-Semite and leader
of a far-right political party, posted a video on a popular Internet
site in which he boasted about his anti-Semitism and urged Jews to
leave the country. During the year several criminal and civil cases
against Bubel for inciting hatred and disseminating anti-Semitic
literature were either resolved or continued in courts in Bialystok,
Lublin, Wrzenia, and Warsaw. Bubel has previously served six months in
jail for inciting racial hostility and defaming Jews.
On May 18, prosecutors in Wroclaw filed hate-crime charges against
Polish administrators of Red Watch, a Web site maintained by the anti-
Semitic and homophobic Blood and Honor group. The charges stem from the
2006 arrest of the administrators for allegedly posting the description
of a journalist as an ``enemy of white people.'' On March 4, a court in
Leszno sentenced a skinhead to 10 years imprisonment for the stabbing
of the same journalist in Warsaw.
On November 24, a court in Torun upheld a motion by prosecutors to
drop criminal charges against Tadeusz Rydzyk, the founder and director
of conservative Catholic Radio Maryja, for insulting a public official
and slander. The charges stemmed from the release of an audiotape in
July 2007 of Rydzyk making anti-Semitic comments, suggesting that Jews
are greedy and claiming that President Lech Kaczynski was ``in the
pockets of the Jewish lobby.'' Rydzyk maintained the tape, which was
released by the news magazine Wprost, had been altered.
On October 20, a family court reprimanded four teenagers who jeered
and attacked a 19-year-old Orthodox Jew visiting a Jewish cemetery in
May in Warka. The youths, aged 13-16, had insulted, punched and kicked
the victim. The teenagers were charged with causing bodily harm and
insulting a person's nationality, which are criminal offences that can
be punished by up to three years' imprisonment.
During the year plaques marking the boundaries of the Warsaw Ghetto
were installed on street corners and public buildings. Construction,
which began in 2007, continued on a Museum of the History of Polish
Jews in Warsaw.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, returning refugees,
asylum seekers, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government granted refugee status or
asylum.
The Government also provided temporary protection to individuals
who may not qualify as refugees under the 1951 convention and the 1967
protocol and provided it to 2,866 persons in 2007.
Persons granted asylum or refugee status had the right to work, to
receive social assistance and education, and to have access to a state
integration program for 12 months. The program provides participants
with contacts in the local community, assistance with accommodations,
and help with job searches. Refugees receive monetary assistance for
living expenses and language training and are registered in the
national health care system. Despite this program many new immigrants
had difficulty finding work commensurate with their skills due to the
overall high rate of unemployment. Persons with temporary status also
had the right to work, receive social assistance, and to participate in
the Government's integration programs.
There were occasional reports of problems in refugee detention
centers. The Government operated 20 refugee reception centers in the
Warsaw, Bialystok, and Lublin areas with a capacity of 4,000. The main
difficulties in the centers included providing education for children,
legal assistance, and medical treatment. In September 2007 the
Government's Office for Foreigners reported that 97 percent of all
refugee children were enrolled in public schools. However, other
remaining concerns included limited access to higher education,
language and cultural barriers, and discrimination against refugee
children by their peers.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.
Elections and Political Participation.--The October 2007 preterm
parliamentary elections and the 2005 presidential election were both
free and fair. Multiple candidates from various political parties
freely declared their candidacy to stand for election and had access to
the media. However, Organization for Security and Cooperation in Europe
(OSCE) election observers noted a lack of independent oversight of
public broadcast media, which allowed for an imbalance in coverage of
candidates.
There were 94 women in the 460-seat Sejm and eight women in the
100-seat Senat. There were five women in the 20-member Council of
Ministers.
There was one minority member in the Sejm (representing the German
minority in Silesia) and no minorities in the upper house. There were
no minorities in the cabinet. The law exempts ethnic minority parties
from the requirement to win 5 percent of the vote nationwide to qualify
for seats in individual districts.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement these laws effectively, and corruption was believed to be
pervasive throughout government and society.
The World Bank's Worldwide Governance Indicators reflected that
corruption was a problem. There was a widespread public perception of
corruption throughout the Government. Citizens continued to believe
that political parties and members of the legislative branch, the
health care system, and the judiciary were the most corrupt.
The Central Anticorruption Bureau (CBA) has broad powers to audit
the financial holdings of public officials and to fight corruption in
public procurement. CBA head Mariusz Kaminski estimated the total value
of losses due to corruption in the country at more than 18 billion
zloty (approximately $6 billion) annually. The CBA is authorized to
conduct searches and secret videotaping, wiretap telephone
conversations, and make arrests.
During the year the CBA continued to investigate numerous high-
profile and controversial investigations.
For example, on June 4, the Warsaw prosecutor indicted billionaire
Henryk Stoklosa on 21 charges in connection with a major Ministry of
Finance corruption case. Stoklosa was arrested in Germany in November
2007 and extradited. Three ministry officials were arrested in May 2006
as part of the CBA investigation. According to the prosecutor, the
officials canceled fiscal liabilities and issued tax exemptions over a
10-year period in exchange for bribes from organized criminals and
businessmen. Seven other persons, including two ministry officials and
a tax office employee, are being tried in Warsaw's central court in a
related case. Stoklosa, who has been in pretrial detention since
December 2007, faces up to 10 years imprisonment.
On June 24, the Poznan prosecutor indicted a former member of
parliament, Beata Sawicka, and the mayor of Hel on corruption charges
related to a real estate scandal. The CBA accused Sawicka of corruption
for accepting a bribe to influence a public tender in Hel in the run up
to the October 2007 parliamentary elections. Both were arrested and
detained but subsequently released. In a statement before her arrest,
Sawicka said she was seduced and manipulated into accepting the bribe
by a CBA officer. In a related development, on October 20 a Warsaw
court ordered the prosecution to investigate the CBA's involvement in
the case.
On August 19, the Warsaw central court began a trial of two persons
charged with attempting to bribe former agricultural minister and
deputy prime minister Andrzej Lepper. The CBA detained the two persons
in July 2007 based on reports that they had connections with persons in
the Ministry of Agriculture who could issue favorable land-use
decisions in exchange for a bribe of three million zloty ($1 million).
Lepper was subsequently dismissed as minister; his Samoobrona political
party withdrew from the coalition government, a move that led to the
preterm parliamentary elections in October 2007.
The law provides for public access to government information; in
practice the Government provided access to citizens and noncitizens,
including foreign media. Government refusals of requests for
information must be based on exceptions provided in the law related to
government secrets, personal privacy restrictions, and propriety
business data. Refusals may be appealed.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
often were cooperative and responsive to their views.
The country's human rights ombudsman presents an annual report to
the Sejm on the state of human rights and civic freedom in the country.
In June, the ombudsman reported that in 2007, 57,507 cases were filed
with the office, an increase of 8,120 from 2006.
The office of the ombudsman is independent; however, the ombudsman
is selected by the parliament and at times was criticized by the media
for being influenced by party politics.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government generally enforced these
provisions; however, violence and societal discrimination against women
and ethnic minorities persisted.
Women.--Rape, including spousal rape, is illegal and punishable by
up to 12 years in prison. According to National Police statistics,
during the first six months of the year, there were 768 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 time period, police forwarded 570 rape
cases to prosecutors and 54 to family court (for underage offenders)
for indictment.
Domestic violence against women continued to be a serious problem.
The increase in reports during the past 10 years was attributed to
heightened police awareness, particularly in urban areas, as a result
of media campaigns and NGO efforts. Under the law, a person convicted
of domestic violence may be sentenced to a maximum of five years in
prison; however, most convictions resulted in suspended sentences. The
law provides for restraining orders on spouses to protect women from
abuse.
During the first six months of the year, police identified 10,506
domestic violence offenses, of which 9,733 were forwarded for
prosecution. In 2007 police reported that officers conducted 81,403
interventions related to domestic violence. Of that number the justice
ministry stated that 15,404 were convicted, and at year's end 4,500
individuals were serving jail sentences for domestic violence crimes.
Women's organizations believed the number of women affected by
domestic abuse was underreported, particularly in small towns and
villages. The NGO Women's Rights Center reported that police were
occasionally reluctant to intervene in domestic violence incidents if
the perpetrator was a member of the police or if victims were unwilling
to cooperate.
NGOs operated centers assisting victims of domestic violence by
providing preventive treatment, counseling to perpetrators, and by
training personnel to work with victims. The Government also provided
victims and families with legal and psychological assistance, and
operated 11 shelters for pregnant women and mothers with small children
as well as 184 crisis centers. In addition, local governments operated
37specializedcenters for victims of domestic violence. These centers,
which were funded by the central government, provided social, medical,
psychological, and legal assistance to victims and ``corrective-
educational'' programs for abusers. In 2007, the last year for which
statistics were available, the Government allocated approximately 9.6
million zloty ($3.2 million) for the centers' operating costs. The
Government also spent 452,800 zloty ($151,000) during the year on
public awareness programs to counteract domestic violence, which were
implemented by local NGOs and governments.
The total amount allocated to implement the National Program for
Combating Domestic Violence was 12.4 million zloty ($4.1 million),
which included funding for specialized centers; education/correction
programs for offenders; and training for social workers, police
officers, and specialists who are first contact for victims of domestic
violence.
Prostitution is legal, but pimping is prohibited. According to
police, there were an estimated 3,200 prostitutes in the country;
however, NGOs estimated that the number of women in all elements of the
sex industry was significantly higher, from 18,000-20,000. Women were
trafficked for commercial sexual exploitation.
The law prohibits sexual harassment. Under the criminal code,
persons convicted of sexual harassment may be sentenced to up to three
years in prison. The labor code defines sexual harassment as
discriminatory behavior in the workplace that violates an employee's
dignity, including physical, verbal, and nonverbal acts.
The NGO Center for Women's Rights stated that sexual harassment was
a serious and underreported problem. Many victims do not report abuse
or withdraw harassment claims in the course of police investigations
out of shame or fear of losing their job. However, social awareness of
the problem continued to increase as more cases of sexual harassment
were reported by the media. During the first six months of the year
police reported 63 cases of sexual harassment, as compared with 82
cases during 2007.
During the year legal proceedings continued against two former
members of parliament charged with extorting sex from female employees.
On November 18, a court in Piotrkow extended pretrial detention for
Stanislaw Lyzwinski until April 2009. Lyzwinski, a Samoobrona party
member, has been in detention since August 2007. He is accused of
forcing female workers to have sex with him and other officials, an
offense that carries an eight-year sentence. Lyzwinski is also charged
with rape, repeatedly forcing four women to have sex, abetting a
kidnapping, and extortion. He could be sentenced up to 10 years in
prison. Andrzej Lepper, another Samoobrona member, was also charged
with extorting sex from a female party worker and with attempting to
force another woman to have sex. Lepper is free on bail. On September
5, attorneys for Jacek Popecki, who was an assistant to Lyzwinski and
Lepper, appealed the 28-month jail sentence he received for inducing an
employee to have an abortion.
On September 26, the Olsztyn District Court released former mayor
Czeslaw Malkowski pending trial for charges of sexual harassment of two
female employees and raping a third pregnant employee. Malkowski was
arrested on March 14.
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 implementing this provision. Women held
lower-level positions and frequently were paid less than men for
equivalent work, were fired more readily, and were less likely to be
promoted.
On March 7, the prime minister re-established the Government
minister-level position for equal treatment of men and women.
The Ministry of Labor and Social Policy is responsible for
combating gender discrimination, incorporating gender equality into
governmental policy, and monitoring implementation of government
programs to promote gender equality. The ministry continued to
implement projects to combat gender discrimination in the workplace,
including an EU program that involved local NGOs to combat
discrimination on the grounds of sex, race, religion, disability, age,
and sexual orientation. The ministry was also a participant in an
eight-year Council of Europe ``Safer Together'' campaign to counter
domestic violence.
Children.--The Government was committed to children's rights and
welfare.
While education is universal and compulsory until age 18 and
schools are free, the Roma Association claimed that more than 50
percent of Roma children did not attend public school out of fear that
teachers would encourage assimilation and uproot them from their Romani
traditions.
In July and August the news daily Dziennik published a series of
articles on segregation of Roma children in Polish schools, reporting
that in six cities with a large Roma population, Roma children are
taught in separate classes, ostensibly because they do not speak fluent
Polish. The education level in such classes is reportedly lower than in
mainstream Polish schools. Following the publications, the minister of
education inspected all district offices where Roma-dedicated classes
operated and subsequently ordered that Roma children be fully
integrated with Polish children.
Incidents of child abuse were reported; however, convictions for
abuse were rare. The law prohibits violence against children and
provides for prison sentences ranging from three months to five years.
In 2007, according to the Ministry of Justice, 666 persons were
convicted of sexual intercourse with persons under 15 and eight persons
were convicted of pimping with the involvement of a minor.
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 disabled children, and
better medical care for children with chronic diseases. The ombudsman
office also operated a 24-hour hot line for abused children. In 2007,
the last year for which statistics were available, the ombudsman
received 7,981 complaints. Of that number, 43 percent referred to the
right to be brought up in a family, 17 percent to protection against
abuse and exploitation, 13.5 percent to the right to education, and 10
percent to the right to adequate social conditions.
During the year police again conducted operations against child
pornography and pedophiles. For example, in October and September,
police arrested approximately 200 persons and confiscated thousands of
CDs and DVDs, and more than 200 computers in two operations targeting
pedophiles who use the Internet. In addition, more than seven thousand
persons who distribute child pornography via the Internet were
identified.
In June and April coordinated police raids executed simultaneously
in 12 provinces and 13 cities resulted in 71 arrests of persons who
either downloaded or distributed child pornography from the Internet.
In 2007 police conducted similar nationwide operations that led to
the arrest and detention of approximately 62 persons and confiscation
of computers and pornographic materials. However, no reports were
available on the outcome of the arrests and charges filed.
According to the leading NGO in the country working with
trafficking in children, the Nobody's Children Foundation, child sex
tourism is not a problem; however trafficking in children for sexual
exploitation is a problem in the country.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were numerous reports that persons were
trafficked to, from, and within the country.
Poland remained a source, transit, and destination country for
trafficked persons, primarily women and girls, but to a lesser extent,
boys and men for forced labor. Internal trafficking for the purpose of
sexual exploitation also occurred.
Persons were trafficked to and through the country, primarily from
Ukraine, Bulgaria, Romania, Belarus, and Moldova. There were reports of
small numbers of Turks, Vietnamese, Cameroonians, Somalis, and Ugandans
being trafficked into, within, and through the country. Ukraine
continued to serve as the largest source of persons trafficked through
the country, with Moldova also serving as a substantial source.
Citizens and foreigners were trafficked to other EU countries,
particularly to Austria, Belgium, Denmark, Germany, Greece, Italy, the
Netherlands, Spain, and Sweden, as well as to Japan and Israel. The
extent of internal trafficking was unclear because some victims may
have chosen to engage in prostitution or other aspects of the sex
trade. NGOs have noted a recent trend toward a higher percentage of
victims being trafficked for labor in agriculture and other economic
sectors.
Traffickers continued to target young, unemployed, and poorly paid
women and men, particularly those with weak family ties and support
networks. Traffickers attracted victims with false promises of
lucrative jobs, arranged marriages, fraud, and coercion. Some victims
believed that they were accepting employment abroad as cooks,
waitresses, maids, nannies, or agricultural laborers. Traffickers
threatened victims with violence, and those who resisted or tried to
flee were raped, beaten, or injured.
Authorities believed that large organized crime groups and
individuals controlled the trafficking business and that victims were
frequently trafficked by nationals of their own country, who collected
a fee to allow passage into or through the country. According to arrest
statistics, approximately 25 percent of traffickers were noncitizens.
Authorities also believed that employment and talent agencies were
sometimes used as fronts for trafficking operations.
Penalties for trafficking in persons range from three to 15 years'
imprisonment. While prostitution is not criminalized, pimping,
recruiting, or luring persons into prostitution carry penalties of up
to 10 years in prison. Individuals convicted of trafficking in children
and luring women into prostitution abroad received the most severe
sentences. Traffickers could also be prosecuted under laws
criminalizing statutory rape and forced prostitution.
While the country's criminal code prohibits trafficking, it lacks a
clear legal definition of trafficking. According to NGOs and some law
enforcement officials, the lack of a definition hampers prosecutions of
trafficking crimes. In May 2007 the human rights ombudsman called on
the Justice Minister to incorporate a definition of human trafficking
into the criminal code.
During the first six months of the year police identified 38 cases
of human trafficking and forwarded 38 cases to prosecutors for
indictment. In 2007, according to the Ministry of Justice, 70
traffickers were convicted for forced prostitution and trafficking,
compared to 16 convictions in 2006 strictly for trafficking.
On February 22, an Italian court sentenced 16 Poles to imprisonment
for four to 10 years for recruiting more than 300 Polish workers to
work in agricultural camps in southern Italy under conditions that
amounted to forced labor. In December 2007, in a parallel case, a court
in Krakow court began the trial of 23 persons who were allegedly
involved in trafficking persons to the labor camps in Italy. Workers
were forced to work up to 15 hours a day for one euro (approximately
$1.30) per hour, slept on the ground, and were watched over by armed
guards.
In Lublin, authorities continued to investigate the case of a
female trafficking victim who was nearly deported in 2007, despite her
critical medical condition. The case became public following media
reports that border guards had detained a Nigerian woman who was a
suspected trafficking victim. Authorities subsequently granted the
woman status as a trafficking victim and accepted her into the Interior
Ministry's witness protection program. According to the reports, the
woman came to the country to play handball at a sports club but was
forced to work in sex clubs.
There were no developments reported in the May 2006 undercover
investigation with Austrian police that broke up a major trafficking
ring in Wroclaw. Organized criminal groups had set up a scheme
involving three police officers and other coconspirators that
trafficked up to 350 women to Austria across the Czech border for
prostitution. Seven persons in Wroclaw were arrested.
There also was no development reported in the prosecution of six
Poles, on trial in Spain, who were arrested in 2006 for trafficking 30
laborers to work in orange groves. Polish police in Valencia learned
about the work camp after several workers escaped and sent electronic
text messages for help.
The ministries of interior and justice have primary responsibility
for antitrafficking efforts; the Ministry of Foreign Affairs
coordinated trafficking programs with foreign governments and
international organizations. The National Police have 17 regional teams
to combat human trafficking and child pornography.
There continued to be unconfirmed reports that low-ranking local
police took bribes to ignore trafficking activity.
Trafficking victims often did not ask officials for help out of
fear that border guards and police would deport them. There were some
cases in which unidentified trafficking victims were quickly deported
by border guards, preventing the Government from providing assistance
or benefiting from their cooperation as potential witnesses. NGOs
attributed the deportations to a lack of knowledge or adherence to
national guidelines for police and border guards on how to approach and
identify suspected victims. Victims were often prosecuted for carrying
false travel documents, working illegally, and violating the terms of
their visas. In some cases, deported victims were met at the border or
elsewhere in their country of origin by their traffickers, who provided
them with new travel documents and returned them to the country.
The Ministry of Interior funded NGOs to conduct regional training
on identification of trafficking victims and victim assistance in all
provinces; several hundred law enforcement officials were trained in
trafficking issues by the NGOs La Strada and the Nobody's Children
Foundation and by the ministry itself.
During the year the Government allocated approximately 150,000
zloty ($50,000) for victim assistance and 200,000 zloty ($67,000) to
implement the National Antitrafficking Action Plan. The Government also
worked extensively with antitrafficking NGOs, such as La Strada. While
the Government provided space and funds for NGOs to operate shelters
for trafficking victims, the number of shelters remained inadequate,
and NGOs frequently resorted to temporary arrangements to provide
medical, psychological, and legal assistance to victims. NGOs conducted
trafficking training courses at police and border guard academies;
provided counseling for victims and their families; developed training
and prevention materials; and conducted public awareness campaigns on
trafficking dangers.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, or the
provision of other state services, including health care. The
Government effectively enforced these provisions; however, there were
reports of some societal discrimination against persons with
disabilities.
According to the Government statistics, in 2007 there were 3.8
million persons with disabilities in the country. Of those who were 15
years of age and older, 15.1 percent were employed.
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. During the year the state fund for
rehabilitation of persons with disabilities continued a nationwide
campaign encouraging companies to employ persons with disabilities. The
fund granted money to NGOs to organize media campaigns on the rights of
disabled persons.
National/Racial/Ethnic Minorities.--There were incidents of
racially motivated violence and verbal and physical abuse directed at
Roma and persons of African, Asian, or Arab descent. The Ukrainian and
Belarusian minorities also continued to experience petty harassment and
discrimination.
During the year there were several neo-fascist demonstrations
organized in towns around the country. For example, on April 13, more
than 200 nationalists from the National Rebirth of Poland and the
National-Radical Camp organized a demonstration in Wroclaw to
commemorate the anniversary of the 1940 Katyn massacre. However,
authorities dispersed the demonstrators when they began shouting neo-
fascist slogans.
On May 2, the National-Radical Camp and a neopagan organization,
Zadruga, disturbed the celebration of the 87th anniversary of the
Silesian uprising by making fascist gestures, carrying flags with
swastikas, and distributing anti-Semitic leaflets. Seven persons were
detained by police.
On June 21, members of the National-Radical Camp gathered in Krakow
to celebrate the 72nd anniversary of the largest prewar anti-Semitic
demonstrations in Poland. They used fascist gestures and later went to
Myslenice to hold a similar demonstration.
During the year there were periodic incidents of racist behavior.
For example, on November 5, a member of parliament, Artur Gorski, who
belongs to the Law and Justice party, made racist remarks during a
parliamentary hearing. Gorski's remarks were widely condemned by
government officials, NGOs, and the media. A Sejm ethics committee
ordered Gorski to issue an official, on-the-record apology. At year's
end Gorski had issued only a public apology.
During the year there also were displays of racist behavior at
soccer matches. On April 27, in Poznan, hooligans made monkey-like
noises when a dark-skinned soccer player came onto the field. Similar
incidents occurred at other soccer matches in May in Katowice, where
hooligans shouted racist slogans. On April 10, the human rights
ombudsman sent a letter to the president of the Polish Soccer Union
expressing concern about racist and anti-Semitic incidents at soccer
matches. He suggested assessing penalties and tolerance programs to
educate soccer fans about cultural or racial differences.
Societal discrimination against Roma continued. In some cases local
officials discriminated against Roma by not providing adequate social
services. Romani leaders complained of widespread discrimination in
employment, housing, banking, the justice system, the media, and
education.
In May the International Organization for Migration (IOM) completed
a project that was part of an EU-wide undertaking to combat
unemployment and improve the situation of ``disfavored'' groups. Under
the program, which was partly funded by the Government, the IOM
established Roma-run enterprises in four cities that had special legal
status and tax privileges. They included firms offering catering and
sewing services in Krakow; renovation and construction services in
Szczecinek; a wood-processing enterprise in Slawno; and a music group
and an enterprise engaged in construction work in Olsztyn.
The Roma Association claimed that more than 50 percent of Roma
children did not attend public school; it noted that the gaps in
education made it impossible for Roma to end their poverty.
Approximately 90 percent of Roma were unemployed.
The Government allocated approximately 10 million zloty ($3.3
million) annually to a special program for Roma that included
educational and other projects to improve health and living conditions
and reducing unemployment. The program also focused on civic education
and provided grants for university and high school students.
Other Societal Abuses and Discrimination.--During the year there
were some reports of skinhead violence and societal discrimination
against persons based on their sexual orientation.
On April 25, an estimated 1,000 persons took part in Krakow's
annual gay March for Tolerance to call for an end to prejudice against
homosexuals. The event took place without major incident; organizers
noted that, for the first time, they were not forced to change their
route and could march through the city's main square. A small counter-
demonstration was organized by the All Youth and National Rebirth of
Poland activists. Some hooligans threw eggs, stones and bottles at
march participants; six people were detained by police. In May 2007 the
UN Committee Against Torture raised concerns over violence and hatred
against homosexuals in the country.
On June 7, Warsaw authorities allowed the annual Equality Parade to
take place in the city center for the third consecutive year.
Approximately 2,000 local and international gay rights advocates
participated in the march without serious incident. Some 100 members of
the All Poland's Youth and National Radical Camp staged a
counterdemonstration, but there was no direct confrontation between the
two groups due to police protection.
There were some reports of discrimination against persons with HIV/
AIDS.
According to the Government AIDS Center, there were two reported
incidents of discrimination during the year. One case involved police
discrimination and the other a healthcare institution which refused to
treat the persons living in a homeless shelter if they did not provide
a certificate that they are HIV negative.
Section 6. Worker Rights
a. The Right of Association.--The law provides that all workers,
including civilian employees of the armed forces, police, and frontier
guard, have the right to establish and join independent trade unions.
While many workers exercised this right in practice, many small and
medium-sized firms discriminated against those who attempted to
organize labor. As a rule, newly established small and medium-sized
firms were nonunion, while privatized formerly state-owned enterprises
frequently continued union activity.
Under the law, 10 persons are required to form a local union and 30
persons for a national union. Unions must be registered with the
courts. A court decision refusing registration may be appealed. The law
does not give trade unions the freedom to exercise their right to
organize all workers. For example, workers on individual contracts
cannot form or join a trade union. According to a survey carried out by
the Center for Public Opinion Poll CBOS in November 2007, 14 percent of
the workforce was unionized.
All workers have the right to strike except those in essential
services, such as security forces, the Supreme Chamber of Audit,
police, border guards, and fire brigades. These workers had the right
to protest and seek resolution of their grievances through mediation
and the court system. Cumbersome procedures made it difficult to meet
all of the legal technical requirements for strikes in many cases.
Labor courts acted slowly in deciding the legality of strikes, while
sanctions against unions for calling illegal strikes and against
employers for provoking them were minimal. Unions alleged that laws
prohibiting retribution against strikers were not enforced consistently
and that the small fines imposed as punishment were ineffective
deterrents to employers.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference; however, in
practice the Government failed to protect this right at small and
medium-sized companies. The law provides for and protects enterprise-
level collective bargaining over wages and working conditions. A
tripartite commission composed of unions, employers, and government
representatives was the main forum that determined national wage and
benefit increases in areas such as the social services sector.
Key public sector employers (largely in heavy industry and the
social services sector) could not negotiate with labor without the
extensive involvement of the ministries to which they were subordinate.
The law provides for parties to take group disputes to labor courts,
then to the prosecutor general, and as a last resort, to the
Administrative Court. By law employers are obligated to notify a
district inspection office in the region about a group dispute in the
workplace. During 2007 the State Inspection Office registered 2,869
disputes, in comparison with 659 disputes registered in 2006.
The law prohibits antiunion discrimination; however, labor leaders
reported that employers frequently discriminated against workers who
attempted to organize or join unions, particularly in the private
sector. In state-owned enterprises, such as the health, water, and
forestry sectors, there were cases in which workers had their
employment contracts terminated and replaced by individual contracts to
prevent them from joining a union.
Discrimination typically took the forms of intimidation,
termination of work contracts without notice, and closing the
workplace. The law also did not prevent employer harassment of union
members for trade union activity; there were unconfirmed reports that
some employers sanctioned employees who tried to set up unions.
Managers also asked workers in the presence of a notary public to
declare whether they were union members.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that women and children were trafficked for commercial sexual
exploitation and that men and boys were trafficked for labor in the
agricultural sector.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace, including
forced or compulsory labor, and the Government generally enforced the
law in practice; however, there were reports that children were
trafficked for commercial sexual exploitation and labor.
The law prohibits the employment of children under age 15. Persons
between the ages of 15 and 18 may be employed only if they have
completed primary school, the proposed employment constitutes
vocational training, and the work is not harmful to their health.
The State Labor Inspectorate (PIP) reported that increasing numbers
of minors worked, and that many employers underpaid them or paid them
late. During the first six months of year, the inspectorate conducted
325 investigations involving 1,796 underage employees (16-18 years of
age). Fines were levied in 116 cases, amounting to approximately
140,000 zloty ($20,000).
Of the total number of 1,796 underage employees, the majority
worked in the processing industry, in commerce and repairs, and other
service industries such as hotels and restaurants, construction, and
transportation.
e. Acceptable Conditions of Work.--The national monthly minimum
wage of 1,126 zloty (approximately $375) that took effect in January
did not provide a decent standard of living for a worker and family.
The large size of the informal economy and the low number of government
labor inspectors made enforcement of the minimum wage difficult. A
large percentage of construction workers and seasonal agricultural
laborers from Ukraine and Belarus earned less than the minimum wage.
The law provides for a standard work week of 40 hours, with an
upper limit of 48 hours per week, including overtime. The law requires
premium pay for overtime hours, but there were reports that this
regulation was often ignored. The law provided for workers to receive
at least 11 hours of uninterrupted rest per day and 35 hours of
uninterrupted rest per week.
The law defines strict and extensive minimum conditions to protect
worker health and safety. It empowers PIP to supervise and monitor
implementation of worker health and safety laws and to close workplaces
with unsafe conditions. However, the PIP was unable to monitor
workplace safety sufficiently. In 2007 the Government reported that
there were 3,153 casualties, including 593 workers killed and 1,085
person seriously injured, during the first three months of the year.
Employers routinely exceeded standards for exposure to chemicals, dust,
and noise.
The law permits workers to remove themselves from dangerous working
conditions without losing their jobs; however, they were unable to do
so in practice without jeopardizing their employment.
__________
PORTUGAL
Portugal, including the Azores and Madeira islands, has a
population of approximately 10.7 million and is a constitutional
democracy with a president, a prime minister, and a parliament elected
in multiparty elections. National parliamentary elections in 2005 were
free and fair. Civilian authorities generally maintained effective
control of the security forces.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Police and prison
guards occasionally beat or otherwise abused detainees, and prison
conditions remained poor. Violence against women and children was a
problem. There was discrimination against women as well as trafficking
for forced labor and for sexual exploitation.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings; however, on April 25, an off-duty police officer
shot and killed a 53-year-old man. The victim allegedly had approached
the officer and his female companion on a deserted beach in the
municipality of Leiria at 2:00 a.m. The officer turned himself in, and
at year's end the case was being investigated by the Judicial Police.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were credible reports of excessive use of force by police and of
mistreatment and other forms of abuse of detainees by prison guards.
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 complaints were against the Public Security
Police (PSP) and the Republican National Guard (GNR)-118 and 76,
respectively, in 2005, the most recent year for which statistics were
available. Each complaint is investigated by the IGAI, and punishments
for officers found to have committed abuses ranged from temporary
suspension to prison sentences.
There were also media reports that members of the security forces
committed human rights abuses.
Prison and Detention Center Conditions.--Prison conditions remained
poor, and there were reports that guards mistreated prisoners. Other
problems included overcrowding, inadequate facilities, poor health
conditions, and violence among inmates.
Most of the guidelines and legislative proposals the Government
adopted in 2004 to reform the prison system had not been applied in
practice. However, some improvements were made during the year,
including a decrease in prison overcrowding and continued personnel
training.
According to a 2007 university study, ``Drugs and Portuguese
Prisons,'' approximately 10 percent of the total prison population was
infected with HIV/AIDS and approximately 15 percent was infected with
hepatitis C.
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.
The Government started construction of a new prison in the Azores
as part of a five-year prison reform plan. The goal of the reform is to
increase security, improve detainee conditions, rationalize financial
and human resources, and improve working conditions of prison staff.
The Government permitted visits by independent human rights
observers, and prisons were visited during the year by the Council of
Europe's Committee for the Prevention of Torture, the Human Rights
Committee of the Portuguese Bar Association, and news media.
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 Justice and Internal Administration
are primarily responsible for internal security. The GNR has
jurisdiction outside cities, and the PSP has jurisdiction in cities.
The Judicial Police are responsible for criminal investigations. The
Aliens and Borders Service has jurisdiction over immigration and border
issues.
An independent ombudsman chosen by the 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 Ministry of Interior. Police corruption was an
isolated problem.
Arrest and Detention.--The constitution and law provide detailed
guidelines covering all aspects of arrest and custody, and the
authorities generally followed the guidelines. Persons can be arrested
only based on a judicial warrant, except that law enforcement officials
and citizens may make warrantless arrests where there is probable cause
that a crime has 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. Changes in the penal code went into effect in
September 2007, under which investigative detention for most crimes is
limited to 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, and violent or
organized crime, or crimes involving more than one suspect,
investigative detention may last up to 18 months and may be extended by
a judge to three years in extraordinary circumstances. A suspect in
investigative detention must be brought to trial within 14 months of
being charged formally. If a suspect is not in detention, there is no
specified deadline for going to trial. Detainees have access to lawyers
from time of arrest, and the Government assumes legal costs for
indigent detainees.
Lengthy pretrial detention remained a problem, although the
authorities made some progress reducing the length of time persons were
detained before trial. At year's end 1,164 individuals (16 percent of
the prison population) were in preventive detention, a decrease from
the previous year. The average detention time was eight months;
approximately 20 percent of preventive detainees spent more than one
year in incarceration.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice.
Critics, including the media, business corporations, and legal
observers, estimated that the backlog of cases awaiting trial was at
least a year.
Trial Procedures.--Jury trials can be requested in criminal cases
but were rare. Civil cases do not have jury trials. Defendants are
presumed innocent and have the right to consult with an attorney in a
timely manner, at government expense if necessary. They have the right
of appeal. They can confront and question witnesses against them,
present evidence on their own behalf, and have access to government-
held evidence. These rights were generally respected in practice.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Citizens have access to a
court to bring lawsuits seeking damages for, or cessation of, a human
rights violation. There are administrative as well as judicial remedies
for alleged wrongs.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights. An independent press and judiciary and a
functioning democratic political system combined to ensure freedom of
speech and of the press. In September 2007 the parliament enacted a law
known as the Journalist Statute. According to the European Federation
of Journalists, the law will require journalists to hand over
confidential information and disclose sources in criminal cases. Thus
far, the Journalist Statute has not been invoked.
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.
According to the National Statistics Institute, 41.9 percent of the
population between the ages of 16 and 74 used the Internet; the rate
increased to 86.9 and 90.5 percent for high school and university
graduates, respectively.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The constitution and law provide for
freedom of religion, and the Government generally respected this right.
The law provides a legislative framework for religious groups
either established in the country for at least 30 years or recognized
internationally for at least 60 years. Qualifying religious groups
receive benefits including full tax-exempt status, legal recognition to
perform marriages and other rites, permission for chaplain visits to
prisons and hospitals, and recognition of their traditional holidays.
The Roman Catholic Church maintains an agreement with the
Government that recognizes the legal status of the Portuguese Episcopal
Conference and allows citizens to donate 0.5 percent of their annual
income taxes to the Roman Catholic Church.
Societal Abuses and Discrimination.--The Jewish community was
estimated at 3,000. The youths who were arrested in September 2007
after allegedly vandalizing tombstones in Lisbon's Jewish cemetery were
still awaiting trial at year's end.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, returning refugees,
asylum seekers, stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government granted refugee status or
asylum.
The country's system for granting refugee status was active and
accessible. In addition to refugees and applicants for political
asylum, the Government also provides temporary protection to
individuals who may not qualify as refugees under the 1951 convention
and its 1967 protocol. In 2007 the country granted humanitarian
protection to 25 persons and asylum to two persons.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections based on universal
suffrage.
Elections and Political Participation.--Free and fair national
parliamentary elections were held in 2005. Political parties could
operate without restriction or outside interference.
There were 66 women in the 230-member parliament and two women in
the 17-seat cabinet. There was one member of a minority group in the
parliament; there were none in the cabinet.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. There were no reports of corruption
in the executive or legislative branches of the central government
during the year; however, there were media reports of corruption
involving local government officials. The highest profile corruption
cases involved mayors Fatima Felgueiras, Valentim Loureiro, and
Isaltino Morais. Felgueiras (Socialist Party), who went abroad from
2003 to 2005 to escape arrest, was accused of embezzlement and abuse of
power. On November 7, she was sentenced to a three-year-and-three-month
suspended prison sentence and lost her mandate as mayor of Felgueiras
(name of mayor and city are, coincidentally, the same). Loureiro, the
Social Democratic Party (PSD) mayor of Gondomar and chairman of the
board of the country's professional soccer league, was accused of
corruption and influencing soccer referees. On July 18, he was
sentenced to a suspended prison term of three years and two months. His
appeal of the decision was pending at year's end. Morais (PSD), mayor
of Oeiras, was accused of tax evasion, corruption, and money
laundering, and was awaiting trial at year's end.
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 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views.
The country has an independent human rights ombudsman who is
responsible for defending human rights, freedom, and the legitimate
rights of all citizens. The ombudsman had adequate resources and
published mandatory annual reports as well as special reports on such
issues as women's rights, prisons, health, and the rights of children
and senior citizens.
The parliament's First Committee for Constitutional Issues, Rights,
and Liberties and Privileges exercises oversight over human rights
issues. It drafts and submits bills and petitions for parliamentary
approval. During the year new legislation went into effect in such
areas as protection of data privacy and intellectual property,
increased protection of trial witnesses, and establishment of the
Corruption Prevention Council.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, and social status; however,
discrimination against women persisted.
Women.--The law makes rape, including spousal rape, illegal, and
the Government generally enforced these laws. In the first six months
of the year, 103 cases of rape were reported to the Association for
Victim Support (APAV); 68 of the cases were linked to domestic
violence. (APAV is a nonprofit organization that provides confidential
and free services nationwide to victims of any type of crime.) In 2007,
212 such cases were reported (160 linked to domestic violence).
According to the Justice Ministry, of the 80 cases of rape tried in
court in 2006, 57 defendants were convicted.
Violence against women, including domestic violence, continued to
be a problem. Penalties for violence against women range up to 10
years' imprisonment. Similarly, penalties for sexual harassment in the
workplace range up to eight years. The government-sponsored Mission
against Domestic Violence conducted an awareness campaign against
domestic violence, trained health professionals, proposed legislation
to improve legal assistance to victims, increased the number of safe
houses for victims of domestic violence, and signed protocols with
local authorities to assist victims. The Government encouraged abused
women to file complaints with the appropriate authorities and offered
the victim protection against the abuser. In addition, recent
legislation allows third parties to file domestic violence reports.
During the first six months of the year, 7,391 cases of violence
against women were reported to APAV; more than 89 percent of these
cases involved domestic violence.
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 effectively discouraged
many abused women from using the judicial system. According to the head
of the Mission Against Domestic Violence, approximately 10 percent of
cases were brought to trial, while the vast majority were resolved
outside the court system by lawyers who mediated between the parties.
In 2006, according to the Ministry of Justice, there were 1,033 court
cases related to domestic violence and 525 convictions.
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.
Prostitution was legal and common; there were reports of violence
against prostitutes. Pimping and running brothels are punishable
offenses. The penalty for sex with minors between the ages of 14 and 18
is up to three years' imprisonment.
Sexual harassment is a crime if perpetrated by a superior in the
workplace. The penalty is two to three years in prison.
The Commission on Equality in the Workplace and in Employment,
composed of representatives of the Government, employers'
organizations, and labor unions, is empowered to examine, but not
adjudicate, complaints of sexual harassment. Reporting of sexual
harassment was on the rise. During 2007 more than 300 cases of sexual
harassment were reported to the Inspectorate General for Labor; three
of these resulted in the dismissal of the perpetrator.
The civil code provides women full legal equality with men;
however, in practice women experienced economic and other forms of
discrimination. Of the 376,917 students enrolled in higher education in
the 2007-08 school year, 53.5 percent were women. According to the
National Statistics Institute, women made up 47 percent of the working
population and were increasingly represented in business, science,
academia, and the professions, but their average salaries were about 23
percent lower than men's.
The constitution and law prohibit discrimination by employers
against pregnant workers and new mothers; nevertheless, it was
generally regarded as a problem.
Children.--The Government was strongly committed to children's
rights and welfare.
Child abuse was a problem. APAV reported 291 crimes against
children under the age of 18 during the first six months of the year.
Approximately 85 percent of the cases involved domestic violence.
The high-profile trial that began in 2004 of persons accused of
involvement in a pedophilia operation at the Casa Pia children's home
in Lisbon was drawing to a close at year's end, with final rulings
expected early in 2009. The eight accused reportedly abused 46 children
and faced charges that included procurement, rape, sexual acts with
adolescents, and sexual abuse of minors.
There were reports that Romani parents often used minor children
for street begging.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that persons were trafficked
to, from, and within the country.
The country is primarily a destination and transit country for
women, men, and children trafficked from Brazil, Eastern Europe, and,
to a lesser extent, Africa. Some victims were trafficked to the country
for forced labor. The majority of victims from Brazil were trafficked
for the purpose of sexual exploitation. These latter victims were
typically women with a low educational level, between the ages of 18
and 24; the majority were legal immigrants, with their documents in
order and valid visas. Traffickers of these women often used the
country as a springboard to other European Union destinations. Many of
the trafficked minors were the abovementioned children of Romani
parents who were used for street begging.
Many trafficked persons lived in hiding and in poor conditions.
Some trafficked workers were domiciled within a factory or construction
site, and some were not paid. Moldovan, Russian, and Ukrainian
organized crime groups reportedly conducted most of the trafficking of
East Europeans. The traffickers frequently demanded additional payments
and a share of earnings following their victims' arrival in the
country, usually under threat of physical harm. They often withheld the
identification documents of the trafficked persons and threatened to
harm family members who remained in the country of origin.
The Government increased its antitrafficking efforts and reported
that it actively dismantled trafficking networks during the year and
reduced their overall presence in the country. The Government continued
to cooperate with other European law enforcement agencies in
trafficking investigations.
All forms of trafficking are illegal. The revised penal code in
effect since September 2007 explicitly criminalizes labor and sex
trafficking and increases penalties for both types of trafficking
offenses. The penalty for trafficking is up to 12 years in prison, but
during the year the majority of traffickers' sentences were suspended.
The Government provided subsidies for victims to obtain shelter,
employment, education, access to medical services, and assistance in
family reunification. The Government also provided legal residency to
many trafficking victims, although most victims were repatriated. Some
NGOs assisted the Government in tracking and providing legal, economic,
and social assistance to trafficking victims. Victims who initially
were detained were later transferred to NGOs for protection and
assistance. Trafficking victims had access to government-operated
national immigrant support centers in Lisbon and Oporto and 78 local
centers throughout the country where they could obtain multilingual
information and assistance.
The Government sponsored antitrafficking information campaigns and
public service announcements throughout the year. It broadcast various
programs on state-run channels to educate and inform the general
public, including potential trafficking victims and consumers. A
statistics-gathering unit within the Ministry of Interior was
established in January 2007 to assist the Government's antitrafficking
efforts by monitoring trafficking more effectively.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with disabilities in employment,
education, access to health care, or the provision of other state
services, and the Government effectively enforced the law. The law also
mandates access to public buildings for such persons, and the
Government enforced these provisions in practice; however, no such
legislation covers private businesses or other facilities.
The Ministry of Labor and Social Solidarity oversees the National
Bureau for the Rehabilitation and Integration of Persons with
Disabilities, which is responsible for the protection, professional
training, rehabilitation, and integration of persons with disabilities,
and for enforcement of related legislation.
National/Racial/Ethnic Minorities.--On October 3, a Lisbon court
convicted 31 of 36 defendants of racism and crimes of a racist nature.
The court sentenced six defendants to prison terms of up to seven
years; the others received suspended prison sentences, were charged
fines, or were ordered to provide community service. The defendants had
been active in the right-wing Hammerskin Nation organization. Charges
against them included threats, harassment, physical attacks,
kidnapping, illegal possession of weapons, and incitement to crime
through the circulation of racist, xenophobic, and anti-Semitic
messages. This was the first time that the country's courts handed down
mandatory prison sentences for hate crimes.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination based on sexual orientation.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law gives workers the right to
form and join independent unions of their choice without previous
authorization or excessive requirements, and they exercised this right
in practice. Approximately 35 percent of the workforce was unionized.
The law allows unions to conduct their activities without interference,
and the Government protected this right in practice. The law provides
for the right to strike, and workers exercised this right in practice.
If a long strike occurs in an essential sector such as justice, health,
energy, or transportation, the Government may order strikers back to
work for a specific period. The Government has rarely invoked this
power. Police officers and members of the armed forces have unions and
recourse within the legal system, but they may not strike.
b. The Right to Organize and Bargain Collectively.--The
constitution and the labor code recognize and protect the right to
bargain collectively. The International Trade Union Confederation
stated in its annual survey of violations of trade union rights that in
practice collective bargaining and trade union meetings in the public
sector were ``often hampered'' and that private employers ``often try
to sabotage collective bargaining.'' There were no reports of antiunion
discrimination.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced and compulsory labor, including by children; however, there were
reports that women, men, and children were trafficked to the country
for labor, and women were trafficked for sexual exploitation.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively implemented laws and policies to protect
children from exploitation in the workplace. The minimum working age is
16 years. Instances of child labor were concentrated geographically and
by sector; the greatest problems were reported in Braga, Porto, and
Faro, and tended to occur in the clothing, footwear, construction, and
hotel industries.
There were reports that Romani parents often used minor children
for street begging.
The Government's principal program to investigate and respond to
reports of illegal child labor is the Plan for the Elimination of
Exploitation of Child Labor. The Ministry of Labor and Social
Solidarity is responsible for enforcing child labor laws, and generally
did so effectively.
e. Acceptable Conditions of Work.--The monthly minimum wage, which
covers full-time workers, rural workers, and domestic employees ages 18
and older, was 426 euros (almost $600) and did not provide a decent
standard of living for a worker and family. However, widespread rent
controls and basic food and utility subsidies raised the standard of
living. Most workers received higher wages; the Ministry of Labor
calculated the average monthly salary of workers, excluding public
servants, to be 1,063.38 euros (almost $1,500).
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 between
workdays. The Ministry of Labor and Social Solidarity effectively
monitored compliance through its regional inspectors.
Employers are legally responsible for accidents at work and are
required by law to carry accident insurance. The General Directorate of
Hygiene and Labor Security develops safety standards in line with
European Union standards, and the general labor inspectorate is
responsible for their enforcement. According to the Inspectorate
General for Labor, there were 114 deaths from work-related accidents
during the year. Workers injured on the job rarely initiated lawsuits.
Workers have the right to remove themselves from situations that
endanger health or safety without jeopardy to their employment, and the
authorities effectively enforced this right.
__________
ROMANIA
Romania is a constitutional democracy with a multiparty,
parliamentary system and a population of approximately 21.4 million.
The bicameral parliament (Parlament) consists of the Senate (Senat) and
the Chamber of Deputies (Camera Deputatilor); both are elected by
popular vote. The 2004 election of President Traian Basescu and
November 2008 parliamentary elections were judged generally free and
fair. Civilian authorities generally maintained effective control of
the security forces.
The Government addressed some human rights problems during the
year; however, abuses continued to occur. There were reports of police
and gendarme harassment and mistreatment of detainees and Roma. Prison
conditions remained poor. The judiciary lacked the public's trust in
its ability to apply the law impartially. Restrictions on freedom of
religion continued to be a great concern due to the restrictive,
discriminatory religion law. Property restitution remained slow, and
the Government failed to take action to return the Greek Catholic
churches confiscated by the communist government in 1948. Corruption
remained a widespread problem, and the country continued to be the
subject of regular European Commission monitoring for progress in
judicial reform and combating corruption. There were continued reports
of violence and discrimination against women as well as significant
lapses in the protection of children's rights. Persons were trafficked
for sexual exploitation and also for labor and forced begging. The
neglect of and inadequate assistance for persons with disabilities was
a problem. While there were no confirmed reports of societal violence
against Roma this year, extensive discrimination against Roma continued
to be a problem. Homosexuals continued to suffer societal
discrimination. Discrimination against persons with HIV/AIDS,
particularly children, was a serious problem.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
The Association for the Defense of Human Rights in Romania-the
Helsinki Committee (APADOR-CH) asserted in previous years that the
police made excessive use of firearms in cases of minor crimes.
On May 20, according to media reports, a transportation police
agent shot and killed Vasile Manole, aged 21, who, alongside two other
individuals, was allegedly stealing rail copper parts in Cernavoda. The
three men reportedly did not stop when the police agent shot two
warning shots. The Constanta prosecutor's office investigated the
police agent for manslaughter.
There were no reported developments in the case of a 22 year old
Romani man, Adrian Cobzaru, shot and killed by a police officer in
Bucharest in 2006 while he was allegedly stealing goods.
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 numerous NGO reports of police mistreatment and abuse of
detainees and Roma, primarily through excessive force and beatings by
police. There were also reports of mistreatment of abandoned children
with physical disabilities in state institutions and of prolonged
incarceration for misbehavior within state orphanages.
In many cases of police violence against Roma, police claimed they
used force in self defense, responding to alleged hostility by Romani
communities during police raids in search of criminal offenders. The
Romani Center for Social Intervention and Surveys (Romani CRISS) and
other NGOs continued to claim that police used excessive force against
Roma and subjected them to maltreatment and harassment.
APADOR-CH reported cases of alleged police abuse. On April 12,
Petre Cosmin Angelina was taken to the police headquarters in Campulung
Muscel after he asked two police officers why they wanted to see his
identification card. The officers allegedly beat him but did not bring
any charges against him, did not ask him to write a statement, and
released him one hour later. Angelina filed a complaint against the
police with the prosecutor's office.
On the morning of May 23, the special forces of Satu Mare police
reportedly broke down the door of a Romani person, beat him, and took
him to the police precinct, where they continued to beat him upon his
refusal to sign a declaration dictated by the police.
On July 4, the special forces of Satu Mare police allegedly
physically abused a Romani couple and their minor daughter, taking them
to the police precinct and beating them, following the couple's
conflict with a neighbor.
On August 30, a traffic police officer stopped Iulian Rafael
Macoveanu in Bucharest and demanded to see what he had in his plastic
bag. Macoveanu had 52 pills of methadone and the prescription for the
drug substitute. The officer called the precinct, and two more police
officers arrived, allegedly brutalized and handcuffed Macoveanu, and
took him to police headquarters. The police then allegedly beat him,
confiscated his pills, fined him for public scandal, and released him
without returning his pills. Police later denied that they confiscated
the pills.
During the year three police agents were under criminal
investigation for committing bodily harm with intent and serious bodily
harm while on duty.
There were no further developments in the cases of criminal
investigation police and the special intervention squad raids against
Romani communities in Liesti, Galati County, in April 2007 and in
Ciurea, Iasi County, in July 2007. The police claimed the raids were to
arrest several convicted criminals. During the raids, police shot seven
Roma with rubber bullets in Liesti and three in Ciurea, including two
minor girls. According to police reports, the Roma's violent reaction
led police to fire warning shots. The Roma claimed that the police
opened fire on bystanders in Liesti who went outside to see what was
happening. The family of one victim from Ciurea filed a criminal
complaint against two police officers and the chief of the Iasi police
inspectorate.
On September 19, APADOR-CH requested the police to expedite the
investigation in the June 2007 case of three police officers' alleged
assault of a university lecturer, Serban Marinescu. There were no
developments in the case at year's end.
There was no further development in the August 2007 alleged beating
of two persons by a police officer from Bucharest police precinct 22.
Criminal complaints alleging police abuse remained pending in the
2006 cases involving a complaint filed by five Roma in the village of
Gepiu, Bihor County; the complaint filed by five Roma in the village of
Bontida, Cluj County; and the case filed by Roma in Pata Rat, Cluj
County.
In March the European Court of Human Rights (ECHR) found the
country responsible for racially motivated inhuman and degrading
treatment in the case of a Romani juvenile, Constantin Stoica, aged 14
at the time of the incident, whom police officers beat in the village
of Gulia, Suceava County, in 2001. The ECHR also decided that the
incident was not properly investigated and granted compensation of
15,000 euros (approximately $21,000) to the plaintiff.
In December the ECHR ruled against the country in the case of Vili
Rupa. The state was charged with inhuman and degrading treatment, lack
of effective investigation, and violation of the right to fair trial.
Rupa was mistreated by the police while being arrested in 1998 and held
in degrading conditions during his detention in the Hunedoara and Deva
police stations. According to the ruling, the state should pay damages
amounting to 30,000 euros ($40,181)for costs and 11,374 euros ($15,234)
for other expenses.
ACCEPT, an NGO fostering lesbian, gay, bisexual, and transgender
(LGBT) rights, complained that police singled out LGBT community
members for violence and harassment.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and generally did not meet international standards. However,
authorities improved conditions in some prisons.
At the end of December 26,291 persons, including 434 minors, were
in prison or juvenile detention facilities in a system with a stated
capacity of 34,299. Although overcrowding did not represent a serious
problem in theory, there were prisons where the standard of 43 square
feet per prisoner, recommended by the Committee for the Prevention of
Torture, was not observed.
Sanitation and hygiene in prisons did not meet international
standards. Medical facilities were not sufficient to care for all
prisoners and detainees. Heating and hot water were not available in
several facilities and lighting was poor. In many penitentiaries
prisoners complained about the insufficient availability of medications
and medical treatment.
In June APADOR-CH representatives visited Jilava Penitentiary in
Bucharest and reported that, despite some measures to improve detention
conditions, the basement of the oldest building of the penitentiary was
flooded and swarming with rats and cockroaches. Prisoners also
complained about the existence of lice because of old, decomposing
mattresses.
APADOR CH reported that prison meals did not provide the minimum
necessary calories, water at some prisons was unsuitable for drinking,
and access to health care was limited by a lack of doctors. According
to an order issued by the National Authority of Penitentiaries,
effective July 2007, prison doctors were authorized to treat only
prisoners and not the prison staff and their families. APADOR-CH,
ACCEPT, and the Center for Legal Resources (CRJ) also stated that daily
activities, work opportunities, and educational programs continued to
be insufficient. The Government continued some efforts, including
partnerships with NGOs, to alleviate harsh conditions and deter the
spread of HIV and tuberculosis.
Media and human rights organizations reported that the abuse of
prisoners by authorities and other prisoners continued to be a problem.
According to media reports, prisoners frequently assaulted and abused
their fellow inmates, and prison authorities tried to cover up such
incidents. During the year media reported such cases in the
penitentiaries in Vaslui, Galati, and Poarta Alba.
A June 24 visit by APADOR-CH and CRJ representatives to the Aiud
penitentiary revealed low food quality, poor hygiene in detention
areas, inadequate medical assistance, and inmates who were not aware of
the educational programs available to them in prison. An unannounced
visit by the Justice Minister to this penitentiary in March 2007
indicated similar shortcomings and resulted in the dismissal of the
prison director.
There were no developments in the July 2007 death of a prisoner in
the Rahova prison hospital in which APADOR-CH asserted that medical
negligence may have played a role.
APADOR CH continued to call for the establishment of a joint
medical commission of the ministries of justice and health to
investigate the causes of deaths in prisons. The practice of
designating some prisoners as ``cell representatives,'' which granted
them privileges beyond those available to the general prison
population, was repeatedly criticized by domestic and foreign
organizations.
According to APADOR CH, the practice of labeling certain prisoners
as ``dangerous'' remained a problem in the absence of clear standards
for such classification. Prisoners labeled ``dangerous'' were subjected
to a variety of restrictions beyond those experienced by the general
prison population and had no right to appeal that determination. NGOs
also criticized the practice of subjecting prisoners to multiple
punishments for a single act of misbehavior.
APADOR CH also criticized the conditions in police detention
facilities, noting poor sanitation conditions, lack of natural light,
and the absence of activities for those detained.
Many police detention facilities and some prisons did not provide
for the confidentiality of discussions between prisoners or detainees
and their lawyers in person or via telephone.
Unlike in previous years, there were no reports of juveniles being
kept in cells with adults or pretrial detainees held with convicted
prisoners during the year.
The Government permitted prison visits by human rights observers,
foreign government officials, and media representatives, and such
visits took place during the year.
Regulations for religious assistance in prisons allow unrestricted
access of all religious groups to prisoners. Orthodox priests no longer
attended meetings between representatives of other faiths and
prisoners.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
respected these prohibitions.
Role of the Police and Security Apparatus.--The Ministry of the
Interior and Administrative Reform is responsible for the national
police, the gendarmerie, and 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; the General Anticorruption Directorate; and the
Special Protection and Intervention Group. The national police agency
is the Inspectorate General of Police, which is divided into
specialized directorates and has 42 regional directorates for counties
and the city of Bucharest. The internal intelligence service also
collects information on major organized crime, major economic crimes,
and corruption.
While police generally followed the law and internal procedures,
police corruption remained a significant reason for citizens' lack of
respect for the police and a corresponding disregard of police
authority. Low salaries, which were sometimes not paid on time,
contributed to the susceptibility of individual law enforcement
officials to bribes. Instances of high-level corruption were referred
to the National Anticorruption Directorate, which continued to
publicize its anticorruption telephone hotline to generate
prosecutorial leads for corruption within the police. Eight thousand
posters were displayed throughout the country to publicize the hotline.
Police impunity remained a problem. Complaints of police misconduct
were handled by the internal disciplinary council of the units where
the reported officers worked. During the year, there were 54 cases of
criminal prosecution of police officers, of which 44 were for bribery
and influence peddling, and 10 for abuse of office.
Police reform continued during the year. The Government, with
support from foreign law enforcement agencies, offered police training
workshops on topics such as human rights and the treatment of criminal
suspects. The police increased hiring of women and minorities.
According to police statistics, there were 5,255 female police
officers, representing 10.4 percent of the total force as of January.
There were 176 Romani officers. A program to improve relations and
promote cooperation between police and ethnic minorities was
implemented during the year. Police also used Romani mediators to
facilitate communication between Roma and the authorities and assist in
crisis situations.
Arrest and Detention.--The law provides that only judges may issue
detention and search warrants, and the Government generally respected
this provision in practice. The law requires authorities to inform
detainees at the time of arrest of the charges against them and their
legal rights. Police must notify detainees of their rights in a
language they understand before obtaining a statement. Detainees must
be brought before a court within 24 hours of arrest. The law provides
for pretrial release at the discretion of the court. A bail system also
exists; however, it was seldom used in practice. Detainees have a right
to counsel and generally had prompt access to counsel and to their
families. Indigent detainees were provided legal counsel at public
expense.
The law allows police to take any person who endangers the public,
other persons, or the social order to a police station. There were
allegations that police often used this provision to detain persons for
up to 24 hours. APADOR-CH repeatedly criticized this provision, stating
that it leaves room for abuse. Human rights NGOs complained that
authorities were frequently able to listen to discussions between
detainees and their attorneys in police detention facilities.
A judge may order pretrial detention for periods of up to 30 days,
depending upon the status of the case. The court may extend these time
periods; however, pretrial detention may not exceed 180 days. Courts
and prosecutors may be held liable for unjustifiable, illegal, or
abusive measures.
Amnesty.--In February President Basescu issued pardons for five
persons for medical reasons and because of their age. On July 3, the
president signed a decree pardoning a woman for humanitarian reasons.
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 lacked the public's
trust that judges were accountable and did not serve political or
financial interests. There was a widespread public perception that the
judiciary was corrupt, slow, and often unfair.
The law establishes a four-tier legal system composed of lower
courts (judecatorie), intermediate courts (tribunals), appellate
courts, and the High Court of Cassation and Justice. There is a
separate Constitutional Court composed of nine members who are limited
to a single nine-year term. The president, the Senate, and the Chamber
of Deputies appoint three members each. The Constitutional Court
validates electoral results and makes decisions regarding the
constitutionality of laws, treaties, ordinances, and internal rules of
the parliament. A prosecutor's office is associated with each court.
The court having original jurisdiction over a case is determined by the
nature of the offense and by the position a defendant may hold in
public service. According to a European Commission report released in
July, ``judicial reform is moving ahead but progress is uneven.'' The
Commission also criticized ``inconsistencies in jurisprudence by higher
courts.''
NGOs and public officials frequently criticized the judicial system
during the year. One cause was the failure of the judiciary's oversight
body, the Superior Council of Magistrates (CSM), to create procedures
for addressing potential conflicts of interest among its members. The
CSM's practice of delegating magistrates to nonjudicial positions
within the judiciary and appointing them to various government agencies
also contributed to depleting the already understaffed courts and
prosecutors' offices. The general prosecutor criticized the High Court
of Cassation and Justice for frequently returning case files to
prosecutors for additional investigation rather than ruling on the case
as presented. Such requests contributed to frequent delays in court
procedures, increasing the chances of political interference. Observers
also expressed concern over a lack of judicial impartiality, since some
members of parliament continued to practice as defense attorneys, both
personally and through their law firm associates.
The ECHR ruled against the country for denial of a fair trial in a
large number of cases, the most recent ruling being issued on December
16 in the case of Vili Rupa.
Trial Procedures.--Trials are open to the public. The law does not
provide for trial by jury. The law provides for the right to counsel
and a presumption of innocence until a final judgment by a court. The
law requires that the Government provide an attorney to juveniles in
criminal cases; in practice local bar associations provided attorneys
to indigents and were compensated by the Ministry of Justice.
Defendants have the right to be present at trial, to consult with an
attorney in a timely manner, to confront or question witnesses against
them, to have a court-appointed interpreter, and to present witnesses
and evidence on their behalf. Defendants and their attorneys have
access to government-held evidence relevant to their cases. Both
plaintiffs and defendants have a right of appeal.
The law provides for the investigation by civilian prosecutors of
crimes by the national police and prison employees. Military
prosecutors continued to try cases that involved ``state security'' in
military courts. Other cases involving ``state security'' but not
military issues were tried by civilian prosecutors. Crimes by the
gendarmerie continued to fall under military jurisdiction. In previous
years, local and international human rights groups criticized the
handling of cases by military courts, claiming that military
prosecutors' investigations were unnecessarily lengthy, biased, and
often inconclusive. Some lawyers claimed that these investigations only
served to discredit the reputations of their clients rather than hold
them accountable for any actual wrongdoing.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Civil courts functioned in
every jurisdiction. Civil courts do not use a jury and function in a
similar fashion as the criminal courts. Crime victims can assert civil
remedies in either civil courts or criminal courts if they choose. This
can result in a combined civil/criminal trial to resolve all issues
arising from the criminal case. The Ministry of Justice administers
civil courts and the CSM oversees the magistrates. Civil courts
operated with the same degree of judicial independence as criminal
courts.
Litigants sometimes encountered difficulties enforcing civil
verdicts because the procedures for enforcement of judgment orders were
impractical and caused delays.
Administrative and judicial remedies were available for violations
of civil rights by government agencies.
Property Restitution.--The law allows for property restitution and
establishes fines for officials who hinder the process. The law
provides for a property fund of approximately 14 billion lei
(approximately $4.2 billion) to compensate owners of properties that
cannot be returned. However, the fund was not yet listed on the stock
exchange. In June 2007 the Government adopted an ordinance providing
for cash payments in lieu of restitution of up to about 500,000 lei
($177,000), paid over a two-year period. Claims in excess of this
amount are to be paid with shares in the property fund. The restitution
process continued to be very slow during the year, and the large
majority of restitution cases remained unresolved.
Former owners' organizations continued to assert that inertia
hindered property restitution at the local level. In some cases local
government officials continued to delay or refuse to provide necessary
documents to former owners filing claims. They also refused to return
properties in which county or municipal governments had an interest.
The ECHR ruled in favor of the former owners in a large number of
restitution cases, which represent the majority of complaints to the
ECHR from the country. The number of such cases theoretically decreased
during the year because the state entered amicable agreements in 60
cases which the former owners would otherwise have won. In September
the ECHR ruled in favor of a former owner, Gheorghe State Viasu, who,
after lawsuits that lasted for years and resulted in two final court
rulings, died without either receiving back his property or getting any
compensation. The ECHR condemned the state both for violation of the
right to property and for the inadequate legal framework to restore
nationalized or confiscated properties. At year's end more than 100
restitution cases against the state were pending with the ECHR.
Of the 201,750 claims filed for restitution of buildings, 110,481
were resolved, 39,871 of which were rejected; 7,172 cases qualified for
combined measures (i.e., restitution in kind plus compensation in stock
from the property fund or in other assets or services); 47,076 cases
qualified for restitution in equivalent; and 16,362 claims were
resolved by return of the properties in kind.
There were numerous disputes over churches that the Orthodox Church
did not return to the Greek Catholic Church despite court orders to do
so.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Nevertheless, there was a widespread perception that illegal
surveillance still exists.
The law permits the use of electronic interception both in criminal
cases and for national security purposes. A judge has to issue a
warrant upon request from the prosecutor investigating the case. In
exceptional circumstances, when delays in getting the warrant from the
judge would seriously affect the criminal investigation, prosecutors
may begin interception without a judicial warrant. Following this,
however, a request for authorization must be submitted within 48 hours.
Some human rights NGOs have noted that under the national security law
a prosecutor may authorize the issuance of a warrant for an initial
period of six months, which can be extended indefinitely in three-month
increments without judicial approval. There were reports of electronic
interception used outside of these legal parameters.
On October 16, the Constitutional Court ruled that the laws on
national security and protection of classified information are in line
with the constitution. The lawsuit between businessman Dinu Patriciu
and the Romanian Intelligence Service (SRI) resumed at the Bucharest
Court of Appeal. In May 2007 the Bucharest Tribunal ordered the SRI to
pay 50,000 lei (approximately $17,700) in compensation to Patriciu for
illegally tapping his telephones. Both the SRI and Patriciu appealed
the ruling.
According to Romani CRISS and media reports, evictions of members
of the Romani community continued to occur in Bucharest, Craiova, Targu
Mures, Cluj, and other localities during the year.
Criminal complaints filed by Romani CRISS and Romani families whose
homes in Bucharest suburb Chitila were demolished in 2006 remained
pending; the homes had been illegally erected on public land.
The 250 Roma evicted from their homes in Piatra Neamt in 2006
remained unable to return. They were evicted following a decision by
the town's mayor to repair the block of apartments they were living in.
There was no new information on the case at year's end.
There was no further development in the case of the vice mayor of
Miercurea Ciuc, who in 2004 evicted and relocated approximately 140
Roma to a hazardous area near a wastewater treatment facility. The Roma
lacked alternative housing and continued to reside in that area.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. Journalists and private citizens could criticize
government authorities, including those at senior levels. There were
isolated cases of authorities intimidating or censoring the press or
attacking journalists.
Laws restricting freedom of speech continued to cause concern among
the media and NGOs. The law provides criminal penalties for ``insult
and defamation.'' Insulting state insignia (the coat of arms, national
flag, or national anthem) is also an offense punishable by
imprisonment; however, there were no reports of prosecutions or
convictions under these provisions during the year.
The independent media was active and expressed a wide variety of
views without restriction. However, politicians and others with close
ties to various politicians and political groups either owned or
indirectly controlled numerous media outlets in the provinces, 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 with the
purchase of some outlets and the creation of others.
During the year there were a number of instances of members of the
public insulting, hitting, or harassing journalists; public authorities
and politicians were responsible for some cases of harassment.
A report on alleged interventions by National Liberal Party (PNL)
senator Norica Nicolai with the National Penitentiary Administration to
secure a job for her niece was barred from broadcast by state
television TVR on January 9, even though editors invoked the public
interest. As a result, journalist and editor Radu Gafta resigned and
accused TVR leadership of censoring several investigations. Gafta had
previously supported the 2007 broadcast of a surveillance tape of an
apparent bribe exchanged between two former government ministers. After
the tape was broadcast on prime-time news, Gafta was moved to a lower-
rated news program.
On February 20, the Timis County Court sentenced and fined
Timisoara mayor Gheorghe Ciuhandu for inappropriately lifting the
accreditation of Malin Bot, then a reporter for the daily Evenimentul
Zilei, and for ordering police to prevent his entry into the city hall.
On March 12, according to media reports, Mihai Braha, a reporter
for the weekly Ziarul Tau in Vrancea, was physically assaulted by a
subject of one of his articles. Braha had written that the individual
illegally obtained a house from Marasesti city authorities.
On April 11, bodyguards of Greater Romania Party (PRM) leader Vadim
Tudor reportedly confiscated a camera from a newspaper photographer and
returned it later with all the photos deleted. The photographer had
taken photographs of Tudor and two other politicians leaving a
restaurant. One reporter stated that Tudor verbally abused the media
representatives and, after one of them tried to call police knocked the
cellular phone out of his hand.
At the end of April Liviu Dragnea, a Social Democratic Party (PSD)
member and then-president of the Teleorman County Council, asked the
civil court in Alexandria to prohibit distribution of the daily Gazeta
de Sud Est until the end of the local electoral campaign. Dragnea
claimed that the daily published false statements about him. The court
rejected the request.
In May PSD senator Adrian Paunescu publicly insulted journalist
Cristian Patrasconiu, a reporter of Cotidianul, before and after he
published a laudatory letter Paunescu had written to dictator Nicolae
Ceausescu. Local media reported that Paunescu used terms including
``stupid,'' ``pig,'' ``miserable,'' and ``beast.''
On May 30, Robert Mihailescu, the head of the Internal News
Department of the government-owned Rompres news agency (now called
Agerpres), was suspended for the public accusations of censorship he
issued against Rompres management. Mihailescu and reporter Ovidiu
Barbulescu had left the news agency, saying that news items about
certain political candidates in the local electoral campaigns were
suppressed. Mihailescu sued Rompres management.
In June investigative journalist Mihai Munteanu of the daily
Evenimentul Zilei received death threats from unknown individuals after
disclosures about weapons transactions and alleged Russian penetration
of the country's defense industry.
In June the Constanta Court ruled in favor of the PSD mayor Radu
Mazare in his civil suit against journalist Feri Predescu, who accused
him of links with local criminals. Predescu, who was then the local
correspondent for TVR and Evenimentul Zilei, was ordered to provide
financial compensation to Mazare and to publish a public letter of
apology in a national or local newspaper. In late November the court of
appeal in Constanta upheld the decision. The Active-Watch Media
Monitoring Agency condemned the court's decision. The general secretary
of Reporters Without Borders, together with local journalists and
activists, signed a letter of support for Predescu.
On November 12, three unknown persons assaulted Ioan Romeo
Rosiianu, editor in chief of the weekly Necenzurat and a producer of
Axa TV Transilvania, and Claudiu Florescu, a producer from the same
station, in Baia Mare. The attackers reportedly told them to stop their
media reports or be killed. Rosiianu, who previously reported on the
local mayor's links to controversial businessmen, as well as the way
local authorities covered up alleged financial illegalities, also
received numerous threatening phone calls. Representatives of the
police and prosecutor's office reportedly pressured the station to fire
him, which it did.
Laszlo Kallai, a reporter for the daily newspaper Ziua who had
investigated money laundering and real estate operations involving
Vasile Muresan, the head of the local intelligence and internal
protection department of the Interior Ministry in Baia Mare, claimed he
and his family were threatened by Muresan. Kallai quit his position
with the newspaper following these threats.
The law prohibits denial of the Holocaust in public. In February
the Prosecutor's Office of Bucharest Sector 3 decided not to prosecute
a professor who consistently denied in the media and in his books that
the Holocaust had occurred in the country. The Federation of Jewish
Communities and a Jewish NGO had filed a criminal complaint against him
in January 2007.
The religion law includes a provision that forbids acts of
``religious defamation'' and ``public offense to religious symbols.''
NGOs and the National Antidiscrimination Council (CNCD) expressed
concern that the law could infringe on freedom of speech and
conscience.
Internet Freedom.--There were no reported government restrictions
on access to the Internet. The Internet was widely available in the
country, and costs decreased due to competition. Internet cafes were
widely available nationwide.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events. In October PSD
deputy Mihai Tudose asked the mayor of Braila to dismiss the director
of a local theater, allegedly because she allowed the staging of a
critically acclaimed play which contained harsh language and scantily
clad actors.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
generally respected this right in practice. The law provides that
unarmed citizens can assemble peacefully but states that meetings must
not interfere with other economic or social activities and may not be
held near locations such as hospitals, airports, or military
installations. Organizers of public assemblies must request permits
three days in advance, in writing, from the mayor's office of the
locality where the gathering would occur.
Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right in
practice. The law prohibits fascist, communist, racist, or xenophobic
ideologies, organizations, and symbols (such as statues of war
criminals on public land). Political parties are required to have at
least 25,000 members to have legal status, a number some NGOs
criticized as excessively high.
c. Freedom of Religion.--The constitution and the law provide for
freedom of religion, and the Government generally respected this right
in practice; however, there were some restrictions, and several
minority religious groups continued to claim credibly that government
officials and Orthodox clergy impeded their proselytizing and
interfered with other religious activities.
Under the religion law, the Government implemented a discriminatory
three tiered system of recognition: ``grupuri religioase'' (religious
groups that are not legal entities), religious associations, and
religions. Grupuri religioase are groups of individuals who share the
same faith but do not receive any support from the state or tax
exemptions. Religious associations are legal entities that do not
receive government funding, have to be registered as such in a
religious association registry, and are exempted from taxes only for
places of worship. Religious associations must have 300 members from
the country and are required to submit members' personal data to
register, in contrast to nonreligious associations that can register
with only three members. To receive religion status, a religious
association must demonstrate 12 years of continuous religious activity
and meet a membership threshold of 0.1 percent of the total population
(approximately 22,000 members).
The law does not prohibit or punish assembly for peaceful religious
activities; however, several minority religious groups continued to
complain that local authorities and Orthodox priests prevented
religious activities from taking place on various occasions, even when
their organizers had been issued permits.
Some minority religious groups continued to allege that local
authorities in some cases delayed or opposed granting construction
permits for unjustified reasons. A Greek Catholic community in
Pesteana, established in 2005, continued to face discrimination and
harassment. Tensions continued during the year due to the Orthodox
Church's refusal to comply with a 2006 court ruling allowing Greek
Catholics access to the local cemetery. After year long opposition,
local authorities issued a construction permit for a Greek Catholic
church, and the cornerstone for the new church was blessed in October
2007.
Several minority religious groups reported difficulties in
obtaining approval to use public halls for religious activities
following pressure by Orthodox priests, especially in rural areas or
small localities. The press and minority religious groups continued to
report instances of Orthodox clergy harassing members of other faiths.
Several religious groups made credible complaints that local police and
administrative authorities in some instances seemed to tacitly support
societal campaigns against proselytizing. Members of various minority
religions continued to report that their charitable programs in
children's homes and shelters were perceived as proselytizing directed
at adherents of the Orthodox Church; however, no conflicts were
reported.
In May the Greek Catholic Church in Certeze, Satu Mare County,
received land for the construction of a church that local authorities,
under the pressure of Orthodox priests, had refused to return for many
years. Cases of refusal to return land occurred in Feleacu and Morlaca,
Cluj County.
A Roman Catholic Csango community, an ethnic group that speaks a
Hungarian dialect, continued to complain that they were unable to hold
religious services in their mother tongue because of the opposition of
the Roman Catholic Bishopric of Iasi. Although the religion law
entitles religious denominations to bury their believers in other
denominations' cemeteries if they lack their own cemetery and communal
(public) cemetery, in numerous communities Orthodox priests reportedly
continued to deny permission to the Greek Catholic Church, the Baptist
Church, and the Baha'i Faith to bury their members in either religious
or communal cemeteries.
Several religious groups reported that the access of religious
groups to detention facilities continued to improve. Regulations for
religious activity in prisons provide for unrestricted access of
recognized religions and religious associations to any place of
detention, even if their assistance is not specifically requested.
Only the 18 recognized religious groups have the right to teach
religion in public schools. However, a number of recognized minority
religious groups complained that they were unable to have classes on
their faith offered in public schools. Attendance in religion classes
is optional; however, the Baptist Church and Jehovah's Witnesses
reported cases of children who were pressured to attend Orthodox
religion classes.
A 2006 CNCD decision to ask the Ministry of Education to remove
religious symbols from school classrooms except where religious classes
were taught was not enforced because of several ongoing lawsuits. The
Ministry of Education, the Orthodox Church, and several NGOs challenged
the CNCD decision. On June 11, the High Court of Cassation ruled in
favor of their challenge.
The restitution law permits religious denominations to reclaim
previously nationalized properties that housed schools, hospitals, or
cultural institutions; however, implementation of the law was slow
during the year. Of the 14,716 claims for restitution of religious
property since its establishment in 2003, the National Authority for
Property Restitution (ANRP) returned 1,313 properties by the end of the
year, and another 295 cases were approved to receive compensation.
Approximately 350 claims were rejected.
Property restitution was particularly important for the Greek
Catholic Church, whose properties, including churches, were confiscated
during the communist regime. The Greek Catholic churches were given to
the Orthodox Church after their forced merger in 1948, and many other
Greek Catholic Church properties were taken over by the Government.
Since 2003 the Government returned 120 out of 6,723 total properties
claimed by the Greek Catholic Church.
The Orthodox Church continued to resist the return of churches it
acquired from the Greek Catholic Church. While the law permits the
Greek Catholic Church to take court action whenever its dialogue with
the Orthodox Church over church restitution fails, lawsuits were
lengthy because of delayed hearings and repeated appeals; however, the
number of court rulings in favor of the Greek Catholic Church increased
during the year.
By year's end the Orthodox Church had returned fewer than 200 of
approximately 2,600 churches and monasteries claimed by the Greek
Catholic Church. The Orthodox metropolitan of Banat and bishops of
Caransebes and Oradea maintained positive relations with the Greek
Catholic Church on restitution issues; however, most other Orthodox
Church representatives refused to return properties, even when ordered
to do so by a court, generating tension in many localities. In Valanii
de Beius, Bihor County, the Orthodox Church refused for over a year to
comply with a final court ruling restituting a Greek Catholic church;
eventually, the Orthodox Church handed the church over on April 2. In
Simand, Arad County, where the local Orthodox priest had refused to
comply with a 2007 court ruling, at the end of June, after lengthy
negotiations, the Greek Catholics received their church. Because of the
failure to get back its churches, the Greek Catholic Church continues
in some localities to hold religious services in the open, for example,
in Sisesti, Maramures County, where a lawsuit over the former Greek
Catholic church has been going on for 16 years.
The Orthodox Church continued to demolish Greek Catholic churches
under various pretexts and also used other methods to shield churches
from restitution. On May 8, in Ungheni, Mures County, the Orthodox
Church began to demolish an 18th-century Greek Catholic church after
constructing a new Orthodox structure around the old church. The
Orthodox Church ignored a court injunction obtained by Greek Catholic
Church to stop the demolition.
Similar demolition cases occurred in Badon, Salaj County in April
2007 and in Taga, Cluj County in 2006.
The historical Hungarian churches, including the Hungarian Roman
Catholic and the Hungarian Protestant Reformed, Evangelical, and
Unitarian Churches, received a small number of their confiscated
properties from the Government. Through the end of the year, Hungarian
churches received 806 of the approximately 2,700 properties they
claimed under the law on return of religious property.
According to Roman Catholic authorities and media reports, the
issue of the 19-story building to be constructed within the protection
zone around the Roman Catholic Saint Joseph Cathedral in Bucharest, a
designated historical monument, remained unresolved. The church argued
that construction of the building might damage the foundations of the
cathedral. In July 2007 a court in Dolj County issued a ruling
suspending construction. It was later upheld on appeal. On July 7, the
Constitutional Court rejected the developer's claim that a provision of
the law protecting historical monuments was unconstitutional. The
construction remained halted at year's end.
Societal Abuses and Discrimination.--According to the 2002 census,
the Jewish population numbered 5,785. Acts of anti Semitism, including
vandalism against Jewish sites, continued during the year. In most
cases the Federation of Jewish Communities notified authorities, but
perpetrators were often not identified. The NGO Center for Monitoring
Anti Semitism in Romania (MCA Romania) noted that authorities tended to
play down such incidents, usually attributing the acts to children,
drunkards, or persons with mental disorders.
On October 22, vandals desecrated 131 gravestones at a Jewish
cemetery in Bucharest. A spokesman for the local Jewish community
considered this to be an act of vandalism unparalleled in recent times.
The prime minister and Ministry of Justice, in separate public
statements, condemned all acts of this kind, including acts of anti-
Semitism and racism. The police identified four school children, aged
between 13 and 15 years, who admitted to having vandalized the
cemetery.
During the year the extremist press continued to publish anti
Semitic articles. The Legionnaires (also known as the Iron Guard, an
extreme nationalist, anti Semitic, pro Nazi group that existed in the
country in the interwar period) continued to republish inflammatory
books from the interwar period. Authorities occasionally investigated
and prosecuted offenders, but all court cases resulted in acquittals.
The law prohibits denial of the Holocaust in public. In February
the Prosecutor's Office of Bucharest Sector 3 decided not to prosecute
a professor who consistently denied in the media and in his books that
the Holocaust occurred in the country. The Federation of Jewish
Communities and a Jewish NGO had filed a criminal complaint against him
in January 2007.
During the year anti Semitic views and attitudes were expressed on
the talk shows of private television stations, which failed to respond
to complaints filed by Jewish organizations regarding such views.
Extremists continued to publicly deny that the Holocaust occurred in
the country or that the country's leader during World War II, Marshal
Ion Antonescu, participated in Holocaust atrocities in territory
administered by the country.
On May 6, the High Court of Cassation and Justice overturned a 2006
ruling by the Bucharest Appellate Court that partially exonerated
Marshal Antonescu and some others convicted for war crimes. Antonescu
was responsible for widespread atrocities against the country's Jewish
community and Roma during World War II.
The Government continued to make progress in its effort to expand
education on the history of the Holocaust in the country and included
the Holocaust in history courses covering World War II in the seventh
through 12th grades.
On various occasions throughout the year, high-level officials
continued to make public statements against extremism, anti Semitism,
and xenophobia and criticized Holocaust denial. In January government
officials and members of parliament attended and addressed the
commemoration of the 1941 pogrom in Bucharest. In September the
Government sponsored a regional conference in Bucharest on combating
anti-Semitism. The country commemorated National Holocaust Day in
October with events in several cities that were attended by key
dignitaries.
The law to combat anti Semitism and prohibit fascist, racist, and
xenophobic organizations includes the persecution of Roma in addition
to Jews in its definition of the Holocaust, since approximately 14,000
Roma were killed in the country during that period.
On October 29, the Bucharest city council approved the construction
plan for a Holocaust Memorial to be erected in downtown Bucharest.
Construction had not begun at year's end.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel and repatriation, and the
Government generally respected these rights in practice. The Government
cooperated with the Office of the UN High Commissioner for Refugees
(UNHCR) and other humanitarian organizations in providing protection
and assistance to refugees, asylum seekers, stateless persons, and
other persons in need of international protection.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The law on asylum, which is based on European Union (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 extends the application of the exclusion clauses to
``aliens and stateless persons who planned, facilitated or participated
in terrorist activities as defined by international instruments to
which the country is a party.
The law provides for the concept of safe countries of origin, and
aliens coming from such countries have their asylum applications
processed in accelerated procedure. Safe countries of origin are
considered EU member states as well as other countries that fulfill
certain conditions.
During the year the Government opened an emergency transit center
in the city of Timisoara. This is the second facility of its type in
the world for the interim receipt of refugees pending processing and
final transit to a receiving country. According to the UNHCR,
conditions are acceptable. During the year, the center housed refugees
from Sudan, Eritrea and Iraq, as well as a few dozen other asylum
seekers whose refugee status determination was pending.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened; however, the UNHCR considered the time
limits provided by the law for submitting appeal applications and court
procedures to be too short. The UNHCR stated that government-sponsored
programs for integrating refugees continued to improve, although more
needed to be done in terms of identifying training opportunities for
refugees, improving Romanian language courses, and ameliorating
availability of information both for beneficiaries of the integration
program and for public servants who administer it.
According to the Immigration Office, during the year there were no
cases of temporary protection to individuals who may not qualify as
refugees under the 1951 convention or the 1967 protocol. However, the
Government granted refugee status to 99 persons, subsidiary protection
to 30 persons, and ``tolerated persons'' status to 139 persons.
Stateless Persons.--Citizenship is derived at birth by those who
have at least one Romanian parent. The law provides for birth
registration as a basic right; however, some children were not
registered at birth and were rendered de facto stateless by their lack
of and inability to obtain identity documents. According to the
country's Immigration Office, there were 268 stateless persons of
foreign and national origin in 2008. However, the country has a
substantial Romani population, and according to a survey released by
the Government in August, 1.5 percent of Roma lacked birth
certificates, while other surveys indicate between 1.9 and 6 percent of
Roma lacked identity cards. While some of these stateless persons were
born in the country, limited information was available on the nature of
this problem.
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.--The country held national
elections for parliament in November. Despite some irregularities,
including some allegations of vote buying, the elections were generally
judged free and fair. The left-of-center Social Democratic Party (PSD),
in alliance with the Conservative Party (PC), won 33 percent of the
popular vote, and 114 seats in the 334-seat Chamber of Deputies and 49
seats in the 137-seat Senate. The right-of-center Liberal Democratic
Party (PD-L) won 32 percent of the popular vote, and 115 seats in the
Chamber of Deputies and 51 seats in the Senate. Following the
elections, these two parties formed a coalition government. Meanwhile,
the center-right National Liberal Party (PNL) with 19 percent of the
vote, and 28 Senate and 65 Chamber of Deputy seats, sat in the
opposition along with the Democratic Union of Hungarians in Romania
(UDMR), which won 6 percent of the vote, and nine Senate and 22 Chamber
seats. No other parties won more than 5 percent of the vote as required
by law to enter parliament.
Media and government officials criticized the uninominal voting
system, which assigns parliamentary seats to party members based on a
complex formula, for being too complex for many voters to understand
and for awarding seats to party members who finished second or third in
their district.
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. These 25,000 ``founding members'' must be 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 of ethnic minorities can also field candidates in
elections if they meet requirements similar to those for political
parties. The law defines ``national minorities'' as only those ethnic
groups represented in the Council of National Minorities. The law
requires that the organizations that are not represented in the
parliament meet requirements that are more stringent than those of
minority groups already represented in parliament. Such organizations
must provide the Central Electoral Bureau a list of members equal to at
least 15 percent of the total number of persons belonging to that
ethnic group according to the most recent census. If 15 percent
represents more than 20,000 persons, then at least 20,000 names from at
least 15 counties plus the city of Bucharest, with no fewer than 300
persons from each county, must be submitted. Human rights NGOs
criticized these requirements as discriminatory and aimed at
eliminating competition to the mainstream organizations representing
Hungarians and Roma, namely the Democratic Alliance of Hungarians in
Romania (UDMR) and the Roma Party Pro Europe.
While the law does not restrict women's participation in government
or politics, societal attitudes presented a significant barrier. There
were 38 women in the 334-seat Chamber of Deputies and eight women in
the 137-seat Senate. At year's end, only two prefects (governors) of
the 42 counties were women.
According to the constitution, each recognized ethnic minority is
entitled to have one representative in the Chamber of Deputies if the
minority's organization cannot obtain the 5 percent of the votes needed
to elect deputies outright, but only if the organization in question
gets 10 percent of the average number of votes nationwide necessary for
a deputy to be elected. Organizations representing 18 minority groups
received deputies under this provision. There were 49 members of
minorities in the 471 seat parliament, nine in the upper house and 40
in the lower house.
Ethnic Hungarians, represented by the UDMR, were the only ethnic
minority to gain parliamentary representation by passing the 5 percent
threshold. Only one Romani organization, the Roma Party Pro Europe, was
represented in parliament. Low Romani voter turnout due to lack of
awareness, means, or identity cards further exacerbated the situation.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, but the Government did not implement
the law effectively. The country is subject to a special European
Commission mechanism for regular monitoring for progress in justice
sector reform.
The authorities' generally ineffective response to corruption
remained a focus of public criticism, political debate, and media
scrutiny throughout the year. NGOs and the media continued to note that
no major case of high-level corruption had yet resulted in judgments
involving prison sentences. While there were some convictions of lower-
level officials for corruption, the European Commission, in its July
interim progress report, criticized court sentences as ``lenient and
inconsistent'' and parliament for lacking an ``unequivocal commitment
to rooting out high level corruption.'' Moreover, there were efforts to
weaken the criminal procedure code, such as through parliamentary
provisions requiring authorities to notify suspects that they are being
wiretapped.
The National Anticorruption Directorate (DNA) was responsible for
investigating and prosecuting high-level corruption, including cases
involving members of parliament and government officials. Many
anticorruption advocates criticized the Justice Minister's decision not
to renew the mandate of the DNA head, whose anticorruption efforts were
strongly praised by European Commission officials and media. He
continued in his position on an interim basis at year's end.
The DNA continued its coordination with antifraud units set up
within various ministries. The Interior Ministry's Anticorruption
General Directorate, which investigates alleged corruption within the
ministry, maintained an anticorruption telephone hotline to receive
tips regarding corrupt officers from the general public. The Antifraud
Department attached to the prime minister's office continued to
investigate cases involving the misuse of EU funds. The Ministry of
Defense also maintained its own antifraud section. According to the
European Commission, the system to allow individuals to report
suspected cases of corruption was neither accessible nor comprehensive,
and implementation of rules to protect the confidentiality of whistle
blowers was deficient.
There was little progress made in 10 cases involving former
government ministers, due to the decision of the former parliament to
block the investigation and to the dismissal of cases by the High Court
of Cassation and Justice. The High Court's dismissal was based on the
need to return the files of ministers to parliament for clearance (in
three cases). By year's end, two of the 10 cases had been sent to
court, three were with DNA, one had been rejected by parliament, and
three were still pending in parliament.
In July 2007 the Constitutional Court declared that an ordinance
permitting the DNA to initiate criminal investigations against former
ministers without presidential or parliamentary authorization was
unconstitutional. Such authorization was previously required only prior
to investigations against current government members. This procedural
ruling resulted from an appeal in a case against former prime minister
Adrian Nastase, who challenged the constitutionality of the ordinance
that made it possible for former ministers to be investigated without
following the procedure mandatory for incumbent ministers.
In March the Constitutional Court resolved the dispute between the
General Prosecutor's Office and parliament over what specific
authorizations were required for criminal investigations against former
and current ministers. The court ruled that parliament must approve
investigations against ministers who are sitting members of parliament,
while the president would have to approve investigations of ministers
who are not serving in parliament. In October the Constitutional Court
lowered the number of votes needed from members of parliament to
authorize criminal investigations against cabinet ministers.
The law empowers the National Integrity Agency (ANI) to audit
officials' declarations of assets, incompatibilities, and conflicts of
interest. The law stipulates that the ANI can identify ``unjustified''
wealth, meaning that proof of illegal activity is required before an
investigation may be initiated. The Government amended the ANI law by
emergency ordinance the same month it was created, lowering the
standard of investigation to proof of unjustified wealth, defined as a
change in assets that cannot be justified based on an official's
legitimate sources of income. The ANI is authorized to examine annual
asset declarations, but not bank accounts or other assets of
individuals without their permission. Anonymous tips of an official's
unjustified accumulation of assets cannot be used as grounds to
initiate investigations, absent a decision by the head of the agency to
initiate an ex-officio investigation. Some critics have noted that this
discretionary authority should be vested in more than a single
individual.
There were reports of political interference in the ANI's
activities. An ANI inspector disclosed that a member of the National
Integrity Council, which oversees the ANI, pressured ANI officials to
stop an investigation against one of her clients. The ANI president
demanded that the individual in question have her mandate revoked.
Overall, the independence of the ANI is limited due to its inability to
hire and fire staff.
In December, following the elections, all but two government
ministries were renamed. Critics claimed that this measure was
undertaken to erode the civil service protection of many mid-level
positions within the renamed ministries, thus opening those offices to
political influence.
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 poorly and unevenly applied. Procedures
for releasing information were arduous and varied greatly by public
institution. On numerous occasions, NGOs and journalists took cases to
court to obtain information.
Although the Government ordered the intelligence services to
release the files of the communist era Securitate intelligence service,
the powers of the National College for the Study of Securitate Archives
(CNSAS) were curtailed following a January 31 Constitutional Court
ruling that the CNSAS law was unconstitutional. A government ordinance
and a later law allowed the CNSAS to continue operation, but it was no
longer entitled to issue verdicts that identify individuals as
Securitate collaborators.
There were reports that local authorities occasionally impeded
journalists, NGOs, and the general public from accessing public
information that could have proved detrimental to select political
interests.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views. However,
there were some problems. After two NGOs, the Center for Legal
Resources and Terra Millenium III Foundation, won a joint lawsuit
against Bucharest City Hall over the legality of a city construction
project, the city requested a court to dissolve the NGOs. A law adopted
in December forbids NGOs to have names that could falsely associate
them with authorities or public institutions of national or local
interest. Some NGOs, such as the Romanian Academic Society (SAR),
thought that the law was aimed at harassing NGOs unpopular with
government officials.
The ombudsman's office to protect citizens' constitutional rights
had limited power and no authority in cases requiring judicial action.
The office handled 6,090 complaints during the first nine months of the
year.
The National Council for Combating Discrimination (CNCD) is an
independent governmental agency that is under parliamentary control.
During the year the CNCD received 837 public complaints of
discrimination, of which 462 were resolved. Of these cases, 116
involved alleged discrimination on the basis of nationality and
ethnicity and 15 involved discrimination on religious grounds. The CNCD
received 62 complaints regarding discrimination against Roma in the
areas of the right to personal dignity (30 complaints), access to
public services (13 complaints), access to education (4 complaints),
equal access to employment (6 complaints), and access to public places
(6 complaints). The antidiscrimination law provides fines for
discriminatory attitudes ranging from 400 to 4,000 lei ($156-1,560) for
discrimination against individuals and approximately 600 to 8,000 lei
($140-1,400) for discrimination against groups of persons or
communities.
Both chambers of parliament have a human rights committee; since
these committees were comprised of political party representatives,
their recommendations often reflected parties' views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law forbids discrimination based on race, gender, disability,
ethnicity, language, or social status, among other categories. However,
the Government did not enforce these provisions effectively in some
circumstances, and women, Roma, and other minorities were often subject
to discrimination and violence.
Women.--Rape, including spousal rape, is illegal. The prosecution
of rape cases was difficult because it required a medical certificate
and a witness, and a rapist could avoid punishment if the victim
withdrew the complaint. The successful prosecution of spousal rape
cases was more difficult because the law requires the victim to
personally file a criminal complaint against the abusive spouse and
does not permit other parties, such as relatives or support
organizations, to file a complaint on the victim's behalf. The law
provides for three to 10 years' imprisonment for rape; the sentence
increases to five to 18 years if there are aggravated circumstances.
There were 36 rapes reported during the first half of the year. NGOs
provided counseling and shelters for rape victims.
Violence against women, including spousal abuse, continued to be a
serious problem, and 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
include provisions for the issuance of restraining orders. NGOs
reported that domestic violence was common. According to the National
Agency for Family Protection (ANPF), there were 8,484 reported domestic
violence cases involving women and minor girls during the first nine
months of the year. During the first two quarters of the year, there
were 177 cases of death as a result of domestic violence. According to
a nationwide survey, conducted by the Center for Urban and Rural
Sociology (CURS) in March and April, 21.5 percent of the women reported
being subjected to domestic violence at least once in their life, and
11.1 percent during the past year. The criminal code imposes aggravated
sanctions for violent offenses committed against family members.
The courts prosecuted very few cases of domestic abuse. Many cases
were resolved before or during trial when victims dropped their charges
or reconciled with the accused abuser. In cases with strong evidence of
physical abuse, the court can prohibit the abusive spouse from
returning home. The law also permits police to fine the abusive spouse
for disturbing public order.
A total of 56 shelters provide free accommodation and food for a
period between seven days and three months, and 40 centers provide
legal and psychological counseling. There are also six counseling
centers for aggressors. However, the centers were insufficient and
unevenly distributed, and some parts of the country lacked any kind of
assistance. During the year the National Domestic Violence Coalition,
composed of more than 30 NGOs, continued to work with the ANPF to
organize a number of domestic violence awareness campaigns.
The ANPF worked with the Romanian Orthodox Church to develop
services for victims of domestic violence. The Romanian Orthodox Church
was involved in a national campaign to stop violence against women,
including domestic violence, and together with the Ministry of
Education, developed a training program for priests in rural areas to
support and combat domestic violence against women. The local budgets
of the counties allocated approximately 650,000 lei ($200,000) for
counseling and support to domestic abuse victims.
Prostitution is illegal but was prevalent. Police generally limited
their intervention to fining prostitutes for loitering or disturbing
the peace. According to local media, there were anecdotal reports that
sex tourism existed in Bucharest and other major cities. The law does
not provide punishment for clients of prostitutes, unless the
prostitute was a minor and the client admitted knowing that fact before
the act.
The law prohibits any act of gender discrimination, including
sexual harassment; however, the population's awareness of the problem
continued to be low. No effective programs existed to educate the
public about sexual harassment.
The law grants women and men equal rights, including under family
law, property law, and in the judicial system. In practice, the
Government did not enforce these provisions, nor did authorities focus
attention or resources on women's issues. Women had a higher rate of
unemployment than men and occupied few influential positions in the
private sector. According to a September 2007 Partnership for Equality
Center survey, differences between the salaries of women and men
continued to exist in all sectors of the economy. As a rule, women had
lower levels of education and worked in lower paid jobs.
Romani women often lack the training, marketable skills, or
relevant work experience to participate in the formal economy.
According to a 2006 Open Society Institute (OSI) report, only 26
percent of Romani women interviewed were part of the workforce. The
average monthly income of women surveyed by OSI was 106 lei ($37).
The ANPF is responsible for advancing women's concerns and family
policies. During the year the ANPF spent 178,000 lei (approximately
$530,000) to support domestic violence prevention services in
partnership with civil society and to develop services for the social
reintegration of family violence victims and of perpetrators.
The law on equal opportunities for men and women provides
protection to public as well as private sector employees and gives a
female employee returning from maternity leave the right to return to
her previous or similar position.
Children.--The Government publicly committed itself to children's
rights and welfare, but competing priorities, bureaucratic
inefficiency, and poorly allocated resources prevented this commitment
from being fulfilled in practice.
Birth registration was not universal, and some children were denied
public services as a result. The most common reason that some children
were not registered at birth was that parents did not declare the
child's birth to authorities. This was sometimes because parents lacked
identity documents or residence papers or because the birth took place
abroad in countries where parents were illegally present. Most such
children have access to schools, and authorities assisted in obtaining
birth documents for unregistered children. However, the access of such
children depended on the decision of school authorities. Undocumented
children also faced difficulties in getting access to health care.
There were also reports of mistreatment of physically disabled
abandoned children in state institutions and of prolonged incarceration
for misbehavior within state orphanages.
Public education was free and compulsory through the 10th grade or
age 16. After the 10th grade, schools charged fees for books, which
discouraged lower-income children, particularly Roma, from attending.
The UN Children's Fund reported that approximately 90 percent of
primary school age children attended school. Conditions within the
schools were often not conducive to learning.
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 National Authority for the
Protection of Children's Rights (ANPDC), during the first six months of
the year child welfare services identified 5,815 cases of child abuse,
neglect, and exploitation resulting in their separating 938 children
from abusive families and providing services to 4,240 children and
their families. However, community-based social services remained
unevenly distributed, raising serious concern that children and
families lack access to basic social services.
Trafficking in girls for the purpose of sexual exploitation was a
problem. There also were isolated cases of children who prostituted
themselves for survival without third-party involvement.
In an April 2007 report, the Center for Legal Resources documented
violations of basic human rights in institutions for children and youth
with mental disabilities, including the lack of adequate services,
limitations of individual freedom, and placement of children under two
years of age without mental disabilities in such institutions.
While the law protects children from abuse and neglect, the
Government has not established a mechanism to identify and treat abused
and neglected children and their families. The abandonment of children
in maternity hospitals remained a problem, with 715 left in hospitals
by their parents in the first half of the year according to official
statistics. NGOs claimed the official statistics did not accurately
account for many abandoned children; many children living in state
institutions were never officially recognized as abandoned.
The legal age of marriage is 18, but girls as young as 15 may marry
in certain circumstances. Illegal child marriage was common within
certain social groups, particularly the Roma. There is no estimate
regarding the extent of the practice, and information about individual
cases surfaces only from time to time in the media.
According to ANPDC, at the end of June there were 1,058 homeless
children nationwide. NGOs working with homeless children believed there
were two or three times that number. NGOs noted that the number
decreased only because the children have grown up, but that the
individuals remained on the streets.
Trafficking in Persons.--The law prohibits all forms of
trafficking; however, trafficking in persons continued to be a serious
problem. The law defines trafficking as the use of coercion, including
fraud or misrepresentation, to recruit, transport, harbor, or receive
persons for exploitation, including slavery, forced labor,
prostitution, being a subject in pornography, organ theft, or other
conditions that violate human rights. For minors under the age of 18,
it is not necessary to prove coercion.
The country was a point of both origin and transit for trafficking
in persons. While the majority of trafficking cases involved
international trafficking between the country and Western Europe,
particularly Italy and Spain, cases of domestic trafficking were also
reported. Victims, primarily women and children, were trafficked for
sexual exploitation, labor, and forced begging. In the first 11 months
of the year, the Government identified 1,211 victims of trafficking, a
smaller number than in the same period of 2007 (1,723), of whom 595
were female and 179 were minors. For all of 2007, the Government
reported 1,780 victims of trafficking. Women between the ages of 18 and
25 were most likely to become victims of trafficking for sexual
purposes. Children were more likely to become victims of trafficking if
they came from orphanages or single-parent homes or lived in a
dysfunctional family environment (e.g., families with financial
difficulties, abuse, or alcoholism). During the year, there was an
increase in the number of victims trafficked for labor and a decrease
in those trafficked for sexual exploitation. For the first time, the
number of male victims was higher than that of female victims. Sixty-
one percent of the victims came from rural areas and were trafficked
mainly for forced labor or begging.
Government officials reported that small groups of citizens were
the most common operators of trafficking rings; several domestic
prostitution rings were also known to be active in trafficking victims
into, through, and from the country. In recent years the number of
women and minors involved in trafficking as recruiters has increased;
however, the overall number of trafficking victims dropped from 2006 to
2007, a trend that continued during the year, according to the National
Agency against Trafficking in Human Beings (ANITP).
Most victims were trafficked through or out of the country under
seemingly legal means. Traffickers used employment agencies and travel
companies as fronts for their activities. It was not difficult for
traffickers to obtain legal work papers for the victims they intended
to traffic. Most women trafficked for sexual exploitation were
recruited either by persons they knew or by responding to newspaper
advertisements.
During the year, there was one case of a male police officer from
Timisoara who was involved in the sexual exploitation of trafficking
victims and was arrested on charges of human trafficking and complicity
to in promoting prostitution.
Following the country's entry into the EU in January 2007, the vast
majority of trafficking victims left the country through legal means,
thereby eliminating the need for traffickers to rely on bribing
officials to get trafficked persons out of the country.
The sentencing guideline for convicted traffickers is three to 12
years. The law provides for five to 15 years' imprisonment for
trafficking in minors, for multiple victims, if a victim suffers
serious bodily harm or health problems, or if the trafficking is done
by a public servant during his or her official duties. A sentence of 15
to 25 years is mandated for trafficking that leads to the death or
suicide of the victim. These penalties are increased by two to three
years if the trafficker belongs to an organized crime group and by five
years if coercion is applied against minors.
ANITP, which has 15 regional centers, is responsible for collecting
all information related to trafficking in persons and coordinating
government efforts to combat trafficking and treat trafficking victims.
Regional centers coordinated victim/witness cooperation with law
enforcement and helped victims access social services. Foreign donors
supported training programs on victim/witness coordination offered
during the year. Such programs helped victims better negotiate the
cumbersome judicial system and led to more frequent convictions of
traffickers. However, victims continued to face discrimination from the
society at large, especially in small villages, due to cultural biases
against women who are victims of trafficking.
ANITP further developed its national trafficking database to
expedite identification of victims and improve victim assistance by
implementing new statistics-gathering procedures.
The law requires the Government to protect trafficking victims, but
implementation of the law remained weak and uneven. Reports of law
enforcement officials losing contact with identified victims were
common. Some identified victims reportedly chose not to press charges
to avoid cumbersome judicial procedures. Although the Government
trained border police to encourage victims to identify themselves, few
victims were willing to do so.
A technical secretariat, established by ANDPC in 2005 and charged
with implementing a national action plan to fight child trafficking and
exploitation, carried out activities related to repatriation,
protection, and social reintegration of unaccompanied children in
difficulty in other countries, regardless of whether such children were
victims or offenders. During the reporting period, the country's
diplomatic missions reported that 385 unaccompanied children were
identified in 22 European countries and the United States, a slight
increase over 2007, when 373 such children had been identified. Most of
these children were found in Italy and Spain. According to the ANPDC,
by the end of the reporting period, 125 of these children had been
repatriated. Most of the other children are receiving child welfare
services in the countries where they were found.
During the year the Government worked with domestic and
international NGOs to build public awareness of trafficking risks and
to improve the services offered to victims, developing seven national
awareness campaigns. In addition, the regional centers sponsored five
local campaigns in cooperation with local authorities and NGOs. Public
officials made public statements during the year about the trafficking
problem. During the year, the regional centers trained 1,156 rural
policemen with regard to human trafficking problems.
ANITP continued to implement programs that started in 2007 and
initiated new programs. In December ANITP began a project, financed by
the EU and supported by several European NGOs, to support the
institutional capacity to prevent human trafficking. The project
involves research, a campaign against sexual exploitation of women, and
training of rural police and other local actors in order to strengthen
a national referral mechanism. In 2007 the ANDPC, the National Antidrug
Agency, and territorial general directorates for social assistance and
children's protection implemented a program in several cities to
monitor child labor. The project established a system of services for
the protection, rehabilitation, and social reintegration of child
victims of domestic and international trafficking.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against all persons in employment, education, access to health care, or
the provision of other services. However, the Government did not fully
implement the law, and discrimination against persons with disabilities
remained a problem during the year.
The law mandates accessibility for persons with disabilities to
buildings and public transportation. In practice the country had few
facilities specifically designed for persons with disabilities;
however, their number increased during the year.
According to reports by human rights NGOs, the placement, living
conditions, and treatment of patients in many psychiatric wards and
hospitals did not meet international human rights standards and were
below professional norms. Most psychiatric hospitals had poor hygiene,
insufficient heating, and insufficient food rations. Some hospitals
lacked running water, were heavily overcrowded, lacked a sufficient
number of beds, and had no mechanism for complaints of abuse. Patients
were in many cases secluded in rooms with metal bars on the windows
based on arbitrary decisions of the staff. Conditions in psychiatric
wards did not improve during the year.
While the Government adopted an action plan regarding persons with
mental disabilities in 2005, NGOs asserted that it failed to improve
conditions in psychiatric institutions and had not implemented most
aspects of the plan. The provision of community based mental health
care services remained inadequate.
The NGO Center for Legal Resources (CRJ) criticized the Government
for its treatment of children with mental and physical disabilities.
Children reportedly were being detained in adult facilities, some
children were kept in permanent restraints, and abuse and neglect were
commonplace throughout the country's mental institutions and health-
care facilities.
The CRJ also continued to report that minors with mental
disabilities were routinely mistreated in government-run care
institutions. These children were subjected to both verbal and physical
abuse, including being tied to their beds, beaten, and threatened that
they would be sent to psychiatric hospitals. In February the CRJ urged
the Government to take urgent measures to ensure the observance of the
basic rights of children with mental disabilities in such institutions,
reiterating criticism of the use of physical restraint for such
children.
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 the rights of children with mental disabilities
were observed in government-run care institutions.
National/Racial/Ethnic Minorities.--Discrimination against Roma
continued to be a major concern. Romani groups complained that police
brutality, including beatings and harassment, was routine.
On August 12, the mayor's office in Craiova evicted over 80 Roma
who were living in illegally built dwellings on land belonging to a
military installation.
On September 2, the mayor of sector 2 of Bucharest evicted 21 Roma
(nine adults and 12 children) from a building they had illegally
occupied.
In December 2007 police evicted Roma from an illegally built tent
camp close to the belt road of Bucharest. NGOs reported that Roma were
denied access to, or refused service in, many public places. Roma faced
persistent poverty with poor access to government services, few
employment opportunities, high rates of school attrition, inadequate
health care, and pervasive discrimination.
There was no further progress in the investigation of the August
2007 violent conflict between ethnic Hungarians and Roma in Apata
village, Brasov County, where a group of ethnic Hungarians attacked a
Romani neighborhood after having encountered Roma stealing crops from a
farm.
A 2004 European Commission report estimated that the Romani
population numbered between 1.8 and 2.5 million persons, although the
most recent official census in 2002 reported the significantly lower
number of 535,000, or 3 percent of the national population. In August
the Government released a survey estimating that the Romani population
represents 5.7 percent of the total population of the country.
According to NGOs, prior government figures were low because many Roma
either did not reveal their ethnicity or lacked any form of
identification.
According to the February 2007 Roma Inclusion Barometer, 23 percent
of Roma were illiterate and 95 percent did not complete high school.
NGOs and the media reported that discrimination by teachers and other
students against Romani students served as an additional disincentive
for Romani children to complete their studies. There were reports of
Romani children being placed in the back of classrooms, of teachers
ignoring Romani students, and of unimpeded bullying of Romani students
by other schoolchildren. In some communities, authorities placed Romani
students in separate classrooms from other students or in separate
schools.
In reaction to a complaint filed by Romani CRISS in 2007, the CNCD
confirmed that discrimination did occur in Josika Miklos School in
Atid, Harghita County, where Romani students were separated from other
students in the 2nd grade. The CNCD recommended that the school
authorities desegregate the classes.
In July 2007 the Ministry of Education issued an order forbidding
the school segregation of Romani students and mandating the
desegregation of the first and fifth grades as students enter those
grades. A Romani CRISS project monitored the implementation of the
order in 134 schools from nine counties (Alba, Botosani, Brasov, Dolj,
Galati, Hunedoara, Iasi, Neamt, and Salaj) and Bucharest in the school
year 2007-2008, assessing the extent of all forms of segregation of
Romani students in the monitored schools. In 77 schools (63 percent),
the first and fifth grades were not desegregated, although the order
stipulates desegregation. The survey also identified 43 segregated
schools and 45 other schools with segregated classes.
According to a 2007 OSI report, ethnic Roma were five times as
likely as members of the majority population to live below the poverty
line. OSI also estimated that approximately 60 percent of Roma lived
segregated from the majority population in communities with substandard
housing and without basic governmental services such as schools,
adequate health care, running water, electricity, and waste disposal.
Romani communities were largely excluded from the administrative
and legal system. According to OSI research conducted in 2007, 4.9
percent of Roma lacked a birth certificate. Among non Roma citizens,
less than 1 percent lacked a birth certificate. Similarly, surveys in
2007 and 2008 indicated that between 1.9 and 6 percent of Roma lacked
identity cards, compared to 1.5 percent of non Roma. 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
also disproportionately unemployed or underemployed.
Stereotypes and use of discriminatory language against Roma were
widespread; journalists and even high ranking officials frequently made
discriminatory statements. In May 2007 President Basescu used an
extremely derogatory term to describe a Romani television reporter. The
CNCD decided the statement was discriminatory and admonished the
president, who challenged the CNCD decision in court. In May the
Supreme Court of Cassation and Justice ruled that although the
statement was discriminatory, the president could not be sanctioned
because the phrase was used in private circumstances.
The Government and Romani NGOs continued to implement a national
program in several counties, such as Bihor and Braila, to identify Roma
without birth certificates or identification documents and help them
obtain such documents. In February Romani CRISS and police began
implementing the program in Bucharest.
In June 2007 the Government established a commission of Romani and
non-Romani experts in Romani history and tasked it with studying the
historical period of Romani slavery. The commission wrote a draft
report which was not made public, and it did not continue activity
during the year because of lack of funding.
The Government considered ethnic Hungarians to be the largest
ethnic minority, comprising 1.4 million persons according to the 2002
census. In the Moldavia region, where the Roman Catholic Csango
minority resided, the community continued to operate government funded
Hungarian language school groups; 955 students in 14 localities
received Hungarian language classes during the 2008-2009 academic year.
However, intimidation attempts continued. Two Roman Catholic priests
from the village of Cleja (Bacau County) threatened to bar
schoolchildren who take Hungarian language classes from attending the
confirmation mass. In May the Association of Magyar Csangos from
Moldavia filed a complaint with the CNCD against the priests, accusing
them of discrimination. The complaint was pending at year's end.
A June 2007 study by the Institute of Public Policies and Romani
CRISS pointed to the danger of online discrimination and hate speech,
directed mainly against Roma and homosexuals, on the discussion forums
of four national dailies. This situation continued on discussion forums
of online dailies during the year.
In August 2007 the Government established an institute to research
the history, culture, and religion of, and policies regarding, national
minorities.
Other Societal Abuses and Discrimination.--NGOs reported that
police abuse and societal discrimination against homosexuals was common
and that open hostility prevented the reporting of some harassment and
discrimination. Members of the gay and lesbian community continued to
voice concerns about discrimination in public education and the health
care system.
On May 24, approximately 200 persons participated in the annual
``march of diversity'' gay pride parade in Bucharest. Local authorities
mobilized hundreds of police to protect the participants, and for the
first time the parade ended without violent incidents. However, the
``New Right,'' a neofascist group militating against homosexuality and
claiming Christian orientation, sponsored an antigay rally on the same
day at a different time and location and chanted virulent antigay
slogans. The Conservative Party also spoke against the gay parade and
sponsored a rally on May 25 in support of the traditional values.
There was no progress in investigating the violent incidents that
took place at gay parades in previous years.
A number of young men in police detention whom other inmates
perceived as being homosexual complained of harassment and violence by
other inmates while authorities failed to protect them effectively.
In July 2007, for the first time, a Bucharest court ruled in favor
of a person who accused a company of discrimination in access to
services on grounds of sexual orientation. A complaint with the CNCD
regarding the case remained pending at year's end.
Authorities rarely enforced laws prohibiting discrimination against
persons with HIV. Discrimination against persons with HIV/AIDS impeded
access to routine medical and dental care. Breaches of confidentiality
involving individuals' HIV status were common and rarely punished.
A 2006 Human Rights Watch (HRW) report noted widespread
discrimination faced by children with HIV/AIDS and authorities' failure
to protect them from discrimination, abuse, and neglect. According to
the report, fewer than 60 percent of children and youths with HIV/AIDS
attended school. Doctors often refused to treat children and youths
with HIV/AIDS. Medical personnel, school officials, and government
employees did not maintain confidentiality of information about the
children, which caused the children and families to be denied services
such as schooling. In some situations children and their parents were
threatened by parents of other children to keep them out of school.
There were also reports that children without any mental disability
were placed in centers for children with mental disabilities because
they were HIV positive.
Over 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 2006 HRW report found that although the country
provides universal access to antiretroviral therapy, stigma and
discrimination against persons with HIV/AIDS frequently impeded their
access to education, medical care, government services, and employment.
The Government lacked a strategy to manage the transition of HIV
positive children living in institutions or foster care after they
turned 18. Fewer than 60 percent of HIV positive children and
adolescents attended some form of schooling.
During the year the Government cooperated with international
organizations to implement a national AIDS strategy by conducting
conferences and disseminating brochures to raise public awareness of
the disease.
Section 6. Worker Rights
a. The Right of Association.--All workers, except certain public
employees, have the constitutional right to associate freely and to
form and join independent labor unions without prior authorization, and
they freely exercised this right. However, employees of the Ministry of
Defense, most employees of the Ministry of Interior and Administrative
Reform, most employees of the Ministry of Justice, prison personnel,
and intelligence personnel were not allowed to unionize. The majority
of workers belonged to one of the five main national trade union
confederations. Approximately 40 to 50 percent of the workforce was
unionized; however, that number continued to decline.
The right to form unions was generally respected in practice, and
many employers created enterprise friendly unions. Union officials
stated that union 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 employees, hindering the formation of new unions.
The law allows unions to conduct their activities without
interference, and the Government protected this right in practice.
Unlike in previous years, there were no reports of government
interference in labor negotiations, trade union activities, collective
bargaining, or strikes.
While the law permits strikes by all workers except judges,
prosecutors, some justice ministry staff, and employees of the
intelligence service and the ministries of defense and internal
affairs, lengthy and cumbersome requirements made it difficult to hold
strikes legally. Unions may strike only if all arbitration efforts have
failed and if employers have been given 48 hours' notice. Unions
complained that they must submit their grievances to government
sponsored arbitration before initiating a strike and that the courts
had a propensity to declare strikes illegal. Companies may claim
damages from strike organizers if a court deems a strike illegal.
b. The Right to Organize and Bargain Collectively.--The law
provides workers the right to bargain collectively, but government
control of many industrial enterprises and the absence of independent
management representatives at these entities hindered collective
bargaining. Approximately 80 percent of the workforce was covered by
collective labor contracts at the branch and unit levels. A national
collective labor contract for 2007 2010 was concluded in January 2007
by the main employers' associations, trade unions, and the Government.
However, contracts resulting from collective bargaining were not
consistently enforced. While national collective labor contracts are
negotiated every four years, the minimum wage is negotiated every year.
The wages of public employees were guided by a minimum wage stipulated
by law and a pay scale specific to each ministry that was based on that
ministry's annual budget.
The law has specific provisions against antiunion discrimination,
which were generally respected.
There are no exemptions from regular labor laws in the country's
six free trade zones and 31 disadvantaged zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. Persons, primarily women and
children, were trafficked for sexual exploitation, labor, and forced
begging.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor remained a problem. Although there are laws to protect
children from exploitation in the workplace, the Government did not
consistently enforce them in practice.
The minimum employment age is 16 years, but children may work with
the consent of parents or guardians at age 15. Minors are prohibited
from working in hazardous conditions. Minors over the age of 15 who are
enrolled in school are also prohibited from performing activities
included on a list approved in June 2007 following an EU directive.
Working children under the age of 16 have the right to continue their
education, and the law obliges employers to assist in this regard.
Children aged 15 to 18 may work no more than six hours per day and no
more than 30 hours per week, provided that their school attendance is
not affected. In practice, however, many children were reported to
occasionally forego attending school while working. Minors cannot work
overtime or during the night, and they have the right to an additional
three days of annual leave.
Despite official recognition of the problem, child labor, including
begging, selling trinkets on the street, and washing windshields,
remained widespread in Romani communities, especially in urban areas.
Children engaged in such activities were as young as five years old.
The ANPCD, under the Ministry of Labor, Family, and Equal
Opportunities, has the lead role in monitoring and coordinating all
programs for the prevention and elimination of the worst forms of child
labor. There were 490 confirmed cases of child labor reported in 2007,
249 of these were in urban areas and 241 in rural areas. At the end of
the first half of the year, there were 247 confirmed cases of child
labor, 137 in urban areas and 110 in rural areas.
The ANPCD can impose fines and close factories for child labor
exploitation. Enforcement tended to be lax except in extreme cases;
despite what appeared to be child labor. For example there were no
reports of anyone being charged or convicted during the year under any
of the child labor laws. Employers who violated child labor laws were
generally fined but in practice judges did not consider violations of
the child labor law to be crimes. The Ministry of Labor's labor
inspectorate reportedly carried out inspections of 100,200 employers in
2006. Out of 16,571 persons found to be without legal employment
documents, 206 were youths aged 15 to 18.
The law requires schools to immediately notify social services of
children missing classes to work. Social services are authorized to
work with schools to reintegrate such children into the educational
system. The Government conducted information campaigns to raise
awareness among children, potential employers, and the general public.
The Government also made considerable progress in establishing
mechanisms to gather information and monitor child labor trends.
e. Acceptable Conditions of Work.--Beginning in October, the gross
minimum wage was 540 lei ($190) for a full-time schedule of 170 hours
per month, or approximately 3.17 lei ($1.10) per hour. The minimum wage
for skilled workers is 20 percent higher. The minimum monthly wage did
not provide a decent standard of living for a worker and family.
Criteria for calculating the minimum wage are based on the average
salary rather than in relation to the minimum basket of consumption. In
July representatives of union federations, employers' associations, and
the Government signed a tripartite agreement which led to the October
increase in the monthly wage.
Minimum wage rates were generally observed and enforced by the
Ministry of Labor, Family, and Equal Opportunities. In practice, many
employers paid supplemental salaries under the table to reduce both the
employee and employer's tax burdens. However, this practice negatively
affected employees' future pensions and their ability to obtain
commercial credit.
The law provides for a standard workweek of 40 hours or five days.
Overtime is to be paid for weekend or holiday work, or work in excess
of 40 hours, which may not exceed 48 hours per week averaged over one
month. The law requires a 24 hour rest period in the workweek, although
most workers received two days off per week. The Ministry of Labor,
Family, and Equal Opportunities effectively enforced these standards.
Union leaders complained that overtime violations were the main problem
facing their members, as employees were often required to work more
than the legal maximum number of hours and overtime compensation
required by law was not always paid. This was especially prevalent in
the textile, banking and finance, and construction sectors. Union
officials alleged that a majority of on the job accidents occurred
during such compulsory, uncompensated overtime.
The law provides penalties for work performed without a labor
contract in both the formal and informal sectors of the economy.
Employers who use illegal labor may be jailed or fined up to 100,000
lei ($41,666).
The Ministry of Labor, Family, and Equal Opportunities has
authority to establish and enforce safety standards for most industries
but lacked trained personnel to enforce them. Employers often ignored
the ministry's recommendations, which were usually only applied after
an accident occurred. Workers had the right to refuse dangerous work
but seldom invoked it in practice.
__________
RUSSIA
The Russian Federation has an increasingly centralized political
system, with power concentrated in the presidency and the office of
prime minister, a weak multiparty political system, and a ruling-party
dominated bicameral legislature (Federal Assembly) consisting of a
lower house (State Duma) and an upper house (Federation Council). The
country has an estimated population of 141.9 million. International
observers reported that the December 2007 State Duma election was not
fair and failed to meet many international standards for democratic
elections. Likewise, the March 2 election for president, assessed to be
still not free and not fair, repeated the flaws of the State Duma
election, with observers expressing concern over the registration
process, unequal access to the media by candidates, and abuse of
administrative resources. Dmitriy Medvedev, the candidate of the
dominant United Russia party, handpicked by his predecessor, became
president in March with 70 percent of the vote. In the State Duma
elections, the United Russia party received a constitutional majority
of more than two thirds of the seats. Civilian authorities generally
maintained effective control of federal security forces.
There were numerous reports of government and societal human rights
problems and abuses during the year. The Government's human rights
record remained poor in the North Caucasus, where governments in
Ingushetiya and Dagestan faced increased opposition from disaffected
social groups and insurgencies, and the Chechen government forcibly
reined in the Islamist insurgency that replaced the separatist
insurgency as the main source of conflict. Security forces reportedly
engaged in killings, torture, abuse, violence, and other brutal or
humiliating treatment, often with impunity. In Chechnya, Ingushetiya,
and Dagestan, security forces were allegedly involved in unlawful
killings and politically motivated abductions. While disappearances
declined overall, extrajudicial killings increased in Ingushetiya.
Disappearances and kidnappings in Chechnya declined during the year;
however, Chechen President Kadyrov continued his repressive control as
federal forces withdrew. Federal and local security forces in Chechnya
targeted families of suspected insurgents with impunity, and Kadyrov's
private militia allegedly engaged in kidnapping and torture.
In August, Russia launched a military invasion using
disproportionate force across Georgia's internationally recognized
borders responding to what Russian officials reported was Georgia's use
of heavy force in Tskhinvali, the local capital of Georgia's South
Ossetian region, and the killings of Russian peacekeepers. Military
operations by Georgian and Russian forces reportedly involved the use
of indiscriminate force and resulted in civilian casualties, including
of a number of journalists. Prison conditions were harsh and frequently
life threatening, law enforcement was often corrupt, and the executive
branch allegedly exerted influence over judicial decisions in some
high-profile cases. Security services and local authorities conducted
searches without court warrants, particularly under the extremism law.
Government pressure weakened freedom of expression and media
independence, particularly of the major television networks. Five
journalists were killed during the year, in one case in Ingushetiya by
police. Unresolved killings of journalists remained a problem. As some
print and Internet media reflected a widening range of views, the
Government restricted media freedom through direct ownership of media
outlets, pressuring the owners of major media outlets to abstain from
critical coverage, and harassing and intimidating journalists into
practicing self-censorship. Local governments limited freedom of
assembly, and police sometimes used violence to prevent groups from
engaging in peaceful protest. The Government limited freedom of
association. The Government restricted religious groups in some
regions, and there were incidents of societal discrimination,
harassment, and violence against religious minorities, including anti-
Semitism. In the North Caucasus, thousands of internally displaced
persons (IDPs) lived in temporary centers that failed to meet
international standards.
Continuing centralization of power in the executive branch, a
compliant State Duma, corruption and selectivity in enforcement of the
law, media restrictions, and harassment of some NGOs eroded the
Government's accountability to its citizens. The Government restricted
opposition political parties' ability to participate in the political
process. The March presidential election was marked by problems during
the campaign period and on election day, as reported by independent
Russian and European observers, including the Parliamentary Assembly of
the Council of Europe, which included the abuse of government
resources, media bias in favor of the ruling party and its candidate,
authorities' refusal to register opposition party candidates, lack of
equal opportunity for conducting campaigns, and ballot fraud. The
Government restricted the activities of some nongovernmental
organizations (NGOs), in some cases moving to close the organizations,
through selective application of the laws and other mechanisms.
Authorities exhibited hostility toward, and sometimes harassed, NGOs
involved in human rights monitoring as well as those receiving foreign
funding. A decree from the prime minister in June removed tax-exempt
status from the majority of NGOs, including international NGOs, and
imposed a potentially onerous annual registration process for those
that met the proposed requirements. Many NGOs interpreted the decree as
a further step to restrict NGO funding and operations. Violence against
women and children were problems, and domestic violence was widespread.
Trafficking in persons continued to be a significant problem. There was
some governmental discrimination and widespread societal discrimination
as well as racially motivated attacks against ethnic minorities and
dark-skinned immigrants or guest-workers. During the year there was a
steady rise in xenophobic, racial, and ethnic attacks and hate crimes,
particularly by skinheads, nationalists, and right-wing extremists.
Instances of forced labor were also reported.
Although there was some improvement in areas of the internal
conflict in the North Caucasus, antigovernment forces continued killing
and intimidating local officials. There were reports of rebel
involvement in bombing of civilian targets and politically motivated
disappearances in Chechnya, Ingushetiya, and elsewhere in the North
Caucasus. Some rebels were allegedly involved in kidnapping for ransom.
There were reports that rebels improvised explosives that resulted in
civilian casualties. According to the Internet-based Caucasian Knot,
226 members of law enforcement agencies died and 420 were injured
during the year in actions involving insurgents.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the Government or its agents committed politically motivated
killings and other arbitrary killings. In August, the Government's use
of indiscriminate military force in a conflict with Georgia resulted in
numerous civilian deaths in that country.
On August 31, police shot Ingush opposition leader and editor of
the opposition news portal Ingushetiya.ru, Magomed Yevloyev, in the
head while he rode in a police car in Nazran after being apprehended by
Ingush authorities on his return from Moscow. He later died from the
wound. In retaliation, Yevloyev's relatives declared a ``blood feud''
against then president of Ingushetiya Murat Zyazikov and his Interior
Minister Musa Medov, and claimed that according to tradition, this
called for the murder of one of their male family members. On September
10, unknown gunmen killed Zyazikov's cousin while he was driving his
car in Nazran. The Interior Ministry stated that Yevloyev was shot by
accident, and the District Court initially agreed, but many criticized
the decision. In November, the Supreme Court of Ingushetiya reopened
the investigation, and it was pending at year's end.
On November 5, three police officers in the city of Saratov
allegedly assaulted Armen Gasparyan to force him to confess to a theft,
then doused him with gasoline, and burned him to death. Prosecutors
charged the officers with murder, and the case was ongoing at year's
end.
In December the Moscow branch of the Investigative Committee
suspended, due to an ``absence of suspects,'' the investigation into
the death of Yuri Chervochkin, an activist in the National Bolshevik
Party (NBP). Chervochkin was attacked and beaten into a coma by unknown
assailants in November 2007 in Serpuchov and later died. Prior to his
beating, Chervochkin had participated in demonstrations in Moscow led
by the Other Russia political opposition movement. He was reportedly
warned by the authorities not to participate in the demonstrations, and
other NBP members claimed he was killed by government security forces.
Deaths due to hazing in the military continued to be a problem. The
Ministry of Defense reported 17 deaths as a direct result of hazing
during the year. In the first 10 months of 2007, 20 military servicemen
were killed in hazing incidents. In 2006, 33 servicemen were killed in
hazing incidents. Human rights observers noted that few of the persons
accused in the incidents had been prosecuted and held accountable.
In May 2007, a noncommissioned officer reportedly hazed conscript
Sergey Zavyalov, who later died of head injuries from the abuse. The
Sertolovo Military Garrison prosecutor's office charged a sergeant in
Zavyalov's garrison with ``deliberate infliction of grave physical
injuries.'' In December 2007, the first court hearing on the case
commenced, and on April 1, the Sertolovo Garrison Military Court
convicted Dmitri Kochkov and sentenced him to six years' imprisonment.
On May 30, the Leningrad Circuit Court upheld the verdict.
Human Rights Watch (HRW) reported that, during the August military
conflict in Georgia, both Russian and Georgian forces used
indiscriminate and disproportionate military force, including Grad
rockets and cluster munitions, which resulted in civilian deaths and
injuries. In a number of cases, Russian forces in Gori, Georgia, fired
on civilian vehicles, killing and wounding civilians. During and in the
weeks following the conflict, hundreds of civilians were reportedly
killed in the areas under the control of Russian forces.
In past years Chechen rebels killed a number of federal soldiers
whom they had taken prisoner; many other individuals were kidnapped and
then killed in Chechnya by both federal and rebel troops, as well as by
criminal elements. According to Caucasian Knot, during the year 237
persons were killed in Chechnya-25 civilians, 97 police officers, and
115 militants. There were also deaths from landmines and unexploded
ordnance.
In July, a mass grave was discovered in Chechnya that contained up
to 300 bodies. According to the Chechen ombudsman, the bodies were from
a group of refugees killed by federal forces as they attempted to move
to another area of the republic in October 1999.
There were some minor developments in cases of high-profile
killings from 2006. On June 23, a jury reached a verdict in the trial
for the 2006 killing of Dalnegorsk mayoral candidate Dmitriy Fotyanov.
Two persons were found guilty of his murder, while two others were
convicted of being accessories to the crime; one suspect was at large
at year's end. The suspects allegedly killed Fotyanov because his
election would have threatened their business interests.
On October 28, a jury in the Moscow City Court found former
chairman of the board of directors of VIP Holding, Aleksey Frankel,
guilty of ordering the 2006 killing of banking reform advocate Central
Bank Deputy Chairman Andrey Kozlov. Frankel allegedly ordered the
killing in revenge for Kozlov's decision to revoke VIP Holding's
license. Frankel's lawyers stated their intention to appeal the case.
An accomplice and the alleged hitmen were also charged, and their cases
were ongoing at year's end. On May 30, an unknown attacker beat
Frankel's lawyer Viktor Pashrutkin on a street near his home. Another
lawyer in the Kozlov case was burglarized the previous day, leading
many commentators to believe that the attack was related to
Pashrutkin's work in the case.
During the year there were no developments reported in the case of
Andrey Lugovoy, whom the United Kingdom sought to extradite as the
primary suspect in the poisoning death in London of former Russian
intelligence officer Aleksander Litvinenko. In July 2007 the
Government, citing constitutional restrictions, refused the extradition
request. Separate investigations into the death continued during the
year in Russia and the United Kingdom. Many observers alleged the
killing was politically motivated, in part because of the highly
restricted nature of Polonium 210, the substance used to poison
Litvinenko. In December 2007, Lugovoy was elected to the State Duma,
giving him substantial immunity from prosecution in the country.
There were no developments reported in the investigation into the
2006 killings of Aleksandr Plokhin, a branch director of VneshTorgBank,
and of Konstantin Meshcheryakov, co-owner of Spetssetstroibank.
b. Disappearance.--During the year there were reports of
disappearances throughout the North Caucasus in connection with the
conflicts in Chechnya, Ingushetiya, and Dagestan. Some disappearances
were alleged to be politically motivated and to have involved federal
or local governments. There were no reports of politically motivated
disappearances outside these regions of the country.
During the year at least 50 kidnappings reportedly took place in
the North Caucasus region. The Caucasian Knot reported 15 kidnappings
in Chechnya, 24 disappearances in Ingushetiya, and 11 disappearances in
Dagestan. In 2007 the overall number of disappearances in the North
Caucasus was 75. In most cases government forces involved in
disappearances acted with impunity. Criminal groups in the region,
possibly with links to rebel forces, frequently resorted to kidnapping
(See Section 1.g.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
credible reports that law enforcement personnel engaged in torture,
abuse, and violence to coerce confessions from suspects and allegations
that the Government did not consistently hold officials accountable for
such actions. During the year there were also reports of torture and
other cruel, inhuman, or degrading treatment or punishment by federal
or local government security forces in connection with the conflict in
Chechnya. In August, during a conflict that began in the Georgian
separatist enclave of South Ossetia, the Government's use of
indiscriminate military force resulted in numerous civilian injuries in
that country.
Although prohibited in the constitution, torture is not defined in
the law or the criminal code. As a result, the only accusation
prosecutors could bring against police suspected of torture was
exceeding their authority or committing a simple assault.
Cases of physical abuse by police officers usually occurred within
the first few hours or days of arrest. Some of the methods reportedly
used included beatings with fists, batons, or other objects;
asphyxiation using gas masks or bags (at times filled with mace);
electric shocks; or suspension by body parts (for example, suspending a
victim from the wrists, which were tied together behind the back).
Allegations of abuse were difficult to substantiate because of limited
access to medical professionals. A 2008 report by Amnesty International
documented numerous cases of alleged torture by police. According to
the February 2007 annual report of the country's human rights
ombudsman, the majority of police abuse cases in 2006 were reported in
Komi and Mordoviya republics, Krasnoyarsk Kray, and Amur, Kirov,
Sverdlov, and Tyumen regions.
In 2007, the human rights ombudsman received approximately 3,000
complaints of abuses in jails and prisons, more than one-third of which
dealt with the harsh treatment of prisoners by guards. The Ombudsman's
Office found that two-thirds of the complaints merited investigation
but was able to adequately investigate only 123 cases due to
obstruction by prison officials.
In July, a court convicted three officers in the Nizhniy Novgorod
region of physically abusing a suspect in 2007 in an attempt to coerce
a confession and sentenced them to prison terms from four to four-and-
a-half years.
On March 4, the court denied an appeal by three officers found
guilty in October 2007 of torturing and beating Dmitriy Noskov in 2004,
forcing him to confess to robbery. Doctors who examined him documented
a concussion and extensive injuries. The officers were sentenced to
five-and-a-half, six, and seven years in prison.
On April 4, police beat several young men near the Sokolniki metro
station in Moscow; this sparked a protest on April 11 in central Moscow
in which police detained protesters, in some cases using violence.
Public reaction to reports of police violence was generally muted. For
example, on April 19, police in Izhevsk forcibly detained 54 youths who
had gathered for a concert, but there was no public reaction. No
government body took any action against the police in the above
instances.
On April 8 and May 20, OMON (Otryad Militsii Osobogo Naznacheniya)
police officers Yuriy Golovin and Sergey Fomin were convicted of
beating 32 persons during the 2004 ``crime prevention'' crackdown in
Blagoveshchensk. They received a suspended sentence of three years'
imprisonment, one year of probation, and were prohibited from working
in law enforcement or other municipal agencies for one year. In the
same case, on June 17, OMON officer Aidar Gilvanov was convicted and
sentenced to four years' imprisonment and prohibited from working in
state and local self-government for three years. OMON officers Oleg
Shapeyev and Vil Hamatdinov received suspended sentences, and
Hamatdinov was prohibited from working in state or local government for
one year. On September 18, the Blagoveshchensk City Court found the
remaining three suspects guilty: Lieutenant Colonel Ildar Ramazanov,
his deputy Major Oleg Mirzin, and Major Oleg Kosolov. However, defense
attorneys requested that the case be returned to the Prosecutor's
Office to remove discrepancies and mistakes, and the City Court
suspended hearings. There were no further developments at year's end.
On January 24, the European Court of Human Rights (ECHR) found the
country responsible for the rape and mistreatment of Olga Maslova and
for not conducting an effective investigation into the crimes. Maslova
alleged that, after police brought her in to provide information about
a murder case in November 1999, they raped and tortured her in order to
pressure her into giving a confession. Her friend, Fedor Nalbandov,
alleged that police harassed and physically assaulted him when he came
to the police station after receiving a call from Maslova. The
Government was also held responsible for not effectively investigating
his allegations.
In March 2007, the ECHR ruled that the Government had violated the
rights of Andrey Frolov through inhuman prison conditions. Frolov, who
had been imprisoned in St. Petersburg since 1999, had protested the
prison overcrowding and testified that he and 15 other prisoners had to
take shifts sleeping because they shared a cell designed to hold eight
persons. Frolov was awarded 20,000 euros ($25,567) but had not been
released at year's end, and there was no information as to whether his
conditions had improved.
Reports by refugees, NGOs, and the press suggested a pattern of
police beatings, arrests, and extortion directed at persons with dark
skin or who appeared to be of Caucasus, Central Asian, African, or
Romani ethnicity.
In May, following a public outcry and the intervention of the human
rights ombudsman, Ministry of Justice's Federal Service for the
Execution of Sentences (FSIN) prison authorities moved former Yukos Oil
Company vice president Vasiliy Aleksanyan, who was HIV positive and
diagnosed with lymphoma cancer, to a hospital. After a lengthy campaign
by human rights activists to secure his release, in December the ECHR
ruled that the country had violated Aleksanyan's rights and that he
must be freed on bail. Aleksanyan was accordingly freed on bail of 50
million rubles ($1,373,513). Some commentators found the sum to be
excessive, and others criticized the long wait for his release, noting
that upon release he was too weak to move.
In December former Yukos lawyer Svetlana Bakhmina failed to receive
early parole despite a high-profile campaign to secure her release on
humanitarian grounds. In 2006, Bakhmina was convicted of tax evasion
and embezzlement and sentenced to seven years in prison, which was
reduced on appeal to six-and-a-half years. At the time of the campaign
for her release, she had served over half of her sentence, which
commonly enables a prisoner to apply for parole.
There were a limited number of cases reported where psychiatry was
used against those dissatisfied with the authorities, according to the
Russian Research Center for Human Rights. The Government's and courts'
interpretation of the law resulted in a monopoly by government
consultants in the provision of expert testimony in court cases. The
Human Rights Ombudsman's Office had an experts' council that engaged in
some cases to assist persons who were treated improperly by the courts.
In February a court ordered opposition activist Roman Nikolaychik
to a psychiatric hospital in Tver for three weeks. Activists for the
Other Russia, of which Nikolaychik was a member, alleged that this was
a case of ``punitive psychiatry,'' applied by Tver security services
because a fabricated case against Nikolaychik of attempted murder had
fallen apart. There were no new developments in the case by year's end.
On September 19, the Oktyabrsky District Court in Penza sent Sergey
Cherepovsky, a defense lawyer, to a psychiatric ward in Kazan after
having prolonged his custody. Cherepovsky was accused of using violence
against an official who tried to stop him from filming the alleged
harassment of his client Valery Bychkov, a deputy in the Penza city
legislature and chairman of the Penza branch of Garry Kasparov's United
Civic Front, in a court building.
On November 17, the Leninskiy District Court began hearings on a
lawsuit by human rights and opposition activist Larissa Arap, who in
July 2007 was involuntarily confined to a psychiatric hospital in
Apatity, reportedly in revenge for her published critical comments
about the facility in an earlier confinement. She alleged that hospital
staff abused her during her involuntary confinement. A team of
independent psychiatric experts assembled by the human rights ombudsman
examined Arap and stated that her hospitalization was unnecessary; she
was released in August 2007. In April, Arap's defense attorney appealed
to both the ECHR and the Leninskiy District Court of Murmansk for
compensation of moral and material damage. In mid-October, the District
Court rejected Arap's appeal, but she and her defense attorney appealed
the decision. There were no further developments at year's end.
On November 1, the Novosibirsk Regional Court released NBP member
Nikolay Baluyev from custody due to his bad health condition. Baluyev
was accused in August 2007 of conspiring to commit a terrorist act and
possession of a weapon; a Novosibirsk regional court ruled that he
should undergo psychiatric treatment. Some activists criticized the
allegations as unfounded. On May 20, Baluyev's forced psychiatric
treatment was completed, and doctors declared him cured. He was
returned to pretrial jail. On July 2, the Novosibirsk Regional Court
extended his jail confinement by two months. In jail, a preexisting
physical condition grew worse, and when he was hospitalized on July 7,
his fellow NBP members appealed to the human rights ombudsman for his
release, stating that his life was in danger.
In November 2007, a day before a planned Other Russia
demonstration, Artem Basyrov, an Other Russia activist, was
involuntarily hospitalized in a Mari El Republic psychiatric hospital.
On December 25, the Mari El Hospital Commission released Basyrov.
Basyrov claimed that his hospitalization was politically motivated.
There were no further developments in the case at year's end.
Various abuses against military servicemen continued, including but
not limited to the violent hazing of junior recruits (known as
``dedovshchina'') in the armed forces and security services. Such
mistreatment often included beatings or threats of increased hazing to
extort money or material goods. In recent years, in larger cities,
conscripts were sometimes encouraged to prostitute themselves to come
up with the money; however, there were no corroborated reports of this
during the year. According to the NGO Committee of Soldiers' Mothers
(CSM), in rare instances during the year, conscripts were forced into
slave labor. Cases were usually investigated only following pressure
from family members, NGOs, or the media. The human rights ombudsman, as
well as CSM, also stated that there was a growing problem with
conscripts being coerced into signing contracts. The St. Petersburg
branch of CSM noted an increase in reports of forced conscription on
August 5, reportedly in connection to the conflict with Georgia.
Overall, CSM estimated that 30 percent of conscripts were forced.
According to CSM, there were approximately 10,000 complaints of
hazing during the year. The Defense Ministry reported 427 noncombat
deaths during the year, of which 121 were suicides. The army's suicide
rate was down 14 percent for the first six months of the year compared
with the same period in 2007. During the year one in every four hazing
offenses was committed by an officer, and officers increasingly tried
to conceal offenses. In the first four months of the year, there were
138 reported instances of officer cover-ups, compared with 48 in the
same period in 2007.
During the year CSM accused an army unit in St. Petersburg of
running a program where new recruits were forced to give 1,000 rubles
(approximately $27) every morning to more senior unit members. If they
failed to provide the money, they were beaten and tortured. The army
unit sued CSM for damage to its professional reputation, and a court
found in the army's favor. CSM lost its appeal of the case and was
ordered to pay a fine of 16,000 rubles (approximately $440). The NGO
appealed; a decision was pending at year's end.
CSM regional committees received a total of 5,000 complaints from
20 regions across the country during the year, an increase from the
2007 figure of 3,500. The complaints from soldiers and parents mostly
related to beatings, but also concerned sexual abuse, torture, and
enslavement. Soldiers often did not report hazing to either unit
officers or military prosecutors due to fear of reprisals, since in
some cases officers allegedly tolerated or even encouraged hazing as a
means of controlling their units. Officers reportedly also used
beatings to discipline soldiers.
On July 1, drill sergeant Peter Tarasov was convicted and sentenced
to four-and-a-half years in prison and stripped of his military rank
for severely beating conscript Artem Kaznacheyev in the presence of 170
soldiers in July 2007. Kaznacheyev spent two weeks in a coma, had two
operations, and suffered severe damage to his lungs, liver, and other
internal organs.
There was evidence that the military was attempting to deal with
its abuse problems. During the year 2,000 persons were charged with
army hazing or related crimes, most commonly abuse or physical assault.
Of those convicted, many continued serving in the army under a
``conditional'' sentence. CSM reported that 105 convicted officers lost
their positions during the year. During 2007, after numerous media
reports detailed how soldiers in Primorye's Pogranichniy region were
being mistreated and extorted, allegedly with the consent of officers,
the Ministry of Defense sent a team from Moscow to investigate. Hazing
reportedly continued to be a serious problem in units that had
previously served in areas of military conflict.
Former defense minister and current First Deputy Prime Minister
Sergey Ivanov ordered parent committees to be embedded in the army and
in drafting commissions. By the end of 2007, there were parent
committees in 142 military units and 12 military commissariats.
On July 3, the ECHR found the country responsible in a case brought
by Yevgeniy Chember for inhuman treatment, lack of an effective
investigation, and also for lack of providing an effective remedy.
Chember was allegedly beaten and denied medical treatment after
injuring his spine during military training. He later collapsed, was
diagnosed with a closed spine injury, and was discharged from the
military.
According to a HRW report detailing abuses by parties to the August
conflict between Russia and Georgia, Russian forces were at times
involved in the looting and destruction, either as passive bystanders
to Ossetian forces' abuses or active participants, or by providing
South Ossetian militias transport into villages. According to the
report, when Russian forces entered Georgian territory adjacent to
South Ossetia, they allowed South Ossetian forces to engage in
widescale pillage and burning of Georgian homes and to kill, beat,
rape, and threaten civilians.
Prison and Detention Center Conditions.--Prison conditions remained
extremely harsh and frequently life threatening. The FSIN administered
most of the penitentiary system centrally from Moscow. There were five
basic forms of custody facilities in the criminal justice system:
police temporary detention centers, pretrial detention facilities
(SIZOs), correctional labor colonies (ITKs), prisons designated for
those who violate ITK rules, and educational labor colonies (VTKs) for
juveniles. In most cases, juveniles were held separately from adults.
As of November, 891,700 persons were in the custody of the criminal
justice system, an increase of 3,600 from 2007. This number included
8,800 juveniles, 784 children under age 14, and 68,200 women. The
number of juveniles decreased from 2007 levels, while the number of
women in custody increased. As of August there were 147,200 persons
held in SIZOs.
In past years official statistics recorded several thousand
prisoners dying in SIZOs, and in November 2007 the FSIN reported that
during the period 2001-07 the mortality rate decreased by 3.8 times.
However, official statistics were not available during the year. While
most died as a result of poor sanitary conditions or lack of medical
care, the press reported that individuals were mistreated, injured, or
killed in various SIZOs. Some of the cases reported in past years
suggested habitual abuse by officers. Inmates in the prison system
often suffered from inadequate medical care, and the numbers of inmates
infected with tuberculosis (TB) and HIV increased. According to FSIN
data, as of November 2007, approximately 400,000 inmates had mental
disorders, 43,000 had active TB, and 42,000 had HIV. TB infection rates
were far higher in detention facilities than in the population at
large.
Abuse of prisoners by other prisoners continued to be a problem.
Violence among inmates, including beatings and rape, was common. There
were elaborate inmate-enforced caste systems, in which informers,
homosexuals, rapists, prison rape victims, child molesters, and others
were considered to be ``untouchable'' and were treated harshly, with
little or no protection provided by prison authorities.
Penal institutions remained overcrowded, but there were reports of
some improvements. Federal standards call for a minimum of four square
meters per inmate. The NGO Penal Reform International confirmed that
prisons in the country met this standard except in cases of
overcrowding.
Conditions in SIZO pretrial facilities remained extremely harsh and
posed a serious threat to health and life. Conditions within different
SIZOs varied considerably. Health, nutrition, and sanitation standards
remained low. Poor ventilation was thought to contribute to cardiac
problems and lowered resistance to disease. Overcrowding was common,
and the Federal Prison Service reported that approximately 158,000
suspects were being held in pretrial detention facilities designed to
house 130,000.
Most convicts were imprisoned in ITKs. At year's end there were
734,300 convicts imprisoned in 758 ITKs, and 144,900 suspects were held
in pretrial detention facilities, including 225 pretrial jails, seven
prisons, and 164 detention facilities functioning as pretrial jails.
These facilities provided greater freedom of movement than SIZOs;
however, at times guards humiliated, beat, and starved prisoners. The
country's prisons, distinct from ITKs, were penitentiary institutions
for those who repeatedly violate the rules in ITKs.
As of June 1, 62 VTKs held 9,900 juvenile prisoners. Conditions in
the VTKs were significantly better than in the ITKs, but some juveniles
in the VTKs and juvenile SIZO cells reportedly suffered from beatings
and rape. While juveniles were generally held separately from adults,
there were two prisons in Moscow and one in St. Petersburg where
children and adults were not separated. Schooling in the prisons for
juveniles was reportedly mandatory through high school.
According to the NGO For Human Rights, prison officials did not
allow human rights observers or defense attorneys to enter the 41 of
765 prisons with the worst records of abuse, such as torture or
collective punishment.
On May 31, guards severely injured four inmates while using
excessive force to end a riot in a Chelyabinsk prison. After a prison
doctor determined their injuries were not life threatening or worthy of
medical treatment, the inmates were returned to their cells, where they
died. Eight prison employees of the IK-1 (penal colony #1) in Kopeysk,
Chelyabinsk region, were subsequently charged with brutality for
beating the inmates. The investigation of the criminal case was ongoing
at year's end, with an additional six employees of IK-1 indicted.
In 2007, the human rights ombudsman received almost 3,000
complaints from persons in the prison system. According to its 2007
annual report, the Office of the Human Rights Ombudsman received a high
number of complaints about prison conditions; such complaints made up
approximately 20 percent of the total number of complaints received by
the office. More than 150 FSIN staff members were charged with abuse
and other violations in 2007.
On September 1, a new law came into force that limits public access
to detention facilities. The human rights community criticized the law,
noting that its practical effect was to eliminate public oversight of
prison facilities.
Authorities continued to refuse to grant the International
Committee of the Red Cross (ICRC) access, under ICRC's standard
criteria, to persons detained as part of the conflict in Chechnya, and
the ICRC subsequently was forced to suspend its detention visits.
The ECHR ruled against the country in five cases involving improper
prison and transport conditions.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, in practice they remained problems.
Role of the Police and Security Apparatus.--The Ministry of
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's core responsibilities are security,
counterintelligence, and counterterrorism, but it also has broader law
enforcement functions, including fighting crime and corruption. The FSB
operated with limited oversight by the prosecutor general and the
courts.
The national police force, which falls under the Ministry of
Internal Affairs, is organized on federal, regional, and local levels.
Although regulations and national laws prohibit corrupt activities,
corruption was widespread, and there were few crackdowns on illegal
police activity.
According to the investigative branch of the Prosecutor's Office,
during the first six months of the year 750 members of law enforcement
were prosecuted for abuse of their position.
In November 2007, four police officers were found guilty of charges
relating to the ``werewolves in uniform'' case that involved Ministry
of Internal Affairs officers using their positions to engage in
criminal activity. The four officers were sentenced to prison terms
ranging from nine to 17 years. In 2006, the group's leader and six
other officers were convicted of charges that included extortion,
bribery, and trafficking in drugs and weapons.
Arrest and Detention.--By law an individual may be taken into
custody for 48 hours without court approval if arrested at the scene of
a crime, provided there is evidence of the crime committed or a
witness. Otherwise a court-approved arrest warrant is required. After
arrest detainees are typically taken to the nearest police station,
where they are informed of their rights. Police are obliged to write an
official protocol, signed by the detainee and the police officer,
within three hours of detention stating the grounds for the detention.
Police must interrogate the detainee within the first 24 hours of
detention. Prior to the 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 and the detainee's
relatives about the detention unless a prosecutor issues a warrant to
keep the detention secret. Police must release the detainee after 48
hours, subject to bail conditions, unless a court decides to keep the
person in custody in response to a motion filed by police no later than
eight hours before the expiration of the 4-hour detention period. The
defendant and his or her attorney must be present at the court hearing.
By law, police must complete their investigation and transfer the file
to the prosecutor for arraignment within two months of a suspect's
arrest, although a court may extend a criminal investigation for up to
six months in cases classified as complex. With the personal approval
of the prosecutor general, a judge may extend that period up to 18
months.
Legal limitations on detention were generally respected; however,
there were reports of occasional violations of the 4-hour time limit
following an arrest. Frequently, authorities failed to write the
official protocol of detention within three hours after the actual
detention and held suspects in excess of detention limits. In addition,
there were reports that police obtained defense counsels friendly to
the prosecution. These ``pocket'' defense counsels allowed
interrogation of their clients. The general ignorance of legal rights
on the part of both defendants and their legal counsel contributed to
the persistence of these violations.
Judges occasionally suppressed 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. The
Supreme Court overturned a number of cases in which lower court judges
granted permission to detain individuals on what the Supreme Court
deemed inadequate grounds.
During the year, the ECHR found the country in violation of the
European Convention on Human Rights in one case for not providing a
defendant with a lawyer and in two other cases for keeping a suspect in
detention too long.
Authorities selectively detained and prosecuted members of the
political opposition. Maksim Reznik, chairman of the Petersburg branch
of Yabloko, was arrested during the March election campaign and briefly
imprisoned on what many observers called fabricated charges of assault
on police.
On March 24, a court sentenced Aleksey Makarov, arrested in 2006
for allegedly assaulting persons on his way to a court hearing about
registering the National Bolsheviks political party, to two years'
imprisonment in a labor camp. In June the ECHR found that the country's
lengthy pretrial detention of Makarov had violated his rights.
Amnesty.--Unlike in 2006 and 2007, when the Government issued a
partial amnesty for militants and servicemen who surrendered (excluding
those suspected of crimes such as rape, murder, or terrorism, or those
accused of selling or stealing weapons), there were no amnesties during
the year.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, the judicial branch did not
consistently act as an effective counterweight to other branches of the
Government.
The law requires judicial approval of arrest warrants, searches,
seizures, and detentions. Judges allegedly remained subject to
influence from the executive, military, and security forces,
particularly in high profile or politically sensitive cases, in making
decisions.
In May 2007, the Government enacted a law that substantially
reduced prosecutorial oversight of criminal investigations and
transferred investigative authority over many serious cases from the
General Procuracy to a new body called the Investigation Committee. The
Investigation Committee is formally part of the General Procuracy but
its chief is appointed directly by the president, not by the general
prosecutor, and it therefore operates largely independently of the
General Procuracy.
Beginning in September 2007, investigators no longer needed
prosecutorial approval to open criminal investigations.
In an effort to combat corruption, the Government continued to
raise judges' salaries, increasing them by 8.5 percent during the year.
However, there were continued reports of judges being bribed by
officials and others. In December the Supreme Qualifying Collegium of
Judges reported that during the last four years, 279 judges and court
leaders were removed from their positions before their terms expired,
and 1,219 judges received warnings. The number of disciplined judges
remained constant, with 70 removals and approximately 300 warnings per
year. These figures incorporated a variety of offenses, including
unreasonable length for processing cases, alcohol-related and other
lapses of behavior, and conflicts of interest/corruption-related
issues. Authorities did not provide adequate protection from
intimidation or threats from powerful criminal defendants.
The judiciary is divided into three branches. The courts of general
jurisdiction, including military courts, are subordinated to the
Supreme Court. These courts hear civil and criminal cases and include
District Courts, which serve every urban and rural district, regional
courts, and the Supreme Court. Decisions of the lower trial courts can
be appealed only to the immediately superior court unless a
constitutional issue is involved. An arbitration (commercial) court
system under the High Court of Arbitration constitutes a second branch
of the judicial system. Arbitration courts hear cases involving
business disputes between legal entities and between legal entities and
the state. The Federal Constitutional Court (as well as constitutional
courts in a number of administrative entities) constitutes the third
branch.
The president approves judges after they have been nominated by the
qualifying collegia, which are assemblies of judges and some members of
the public. After a three-year period, the president must reconfirm the
judges. Judicial observers alleged that the executive's role in
approving and reconfirming judges ensured an increasingly pro-
government judiciary. The collegia also have the authority to remove
judges for misbehavior and to approve prosecutors' requests to
prosecute judges.
Justices of the peace deal with criminal cases involving maximum
sentences of less than three years and with some civil cases. Justices
of the peace work in all regions except Chechnya.
During the year the ECHR found the country in violation on multiple
counts dealing with trial procedures. In 2007, 127 of the ECHR's 192
decisions against the country involved the right to a fair trial, and
11 involved proceedings that exceeded a ``reasonable'' length of time.
Some violations included excessive pretrial detention, providing no
effective remedy for a complaint, non-enforcement of judgments, failure
to take a case to trial in the appropriate amount of time, and failure
to provide a defendant with a lawyer.
Trial Procedures.--Trials typically are conducted before a judge
without a jury. The defendant is presumed innocent. The defense is not
required to present evidence and is given an opportunity to cross-
examine witnesses and call defense witnesses. Defendants who are in
custody during the trial are confined to a caged area and must consult
with their attorneys through the bars. Defendants have the right of
appeal.
The law provides for the use of jury trials for a limited category
of ``especially grave'' crimes, such as murder, in higher-level
regional courts. In 2007, the most recent year for which the judicial
department of the Supreme Court had data, the number of jury trials
conducted in the country was 606 out of a total 1,185,000 criminal
cases, a decrease of 100 from 2006. These jury trials represented 14
percent of the cases tried at the oblast and republic level, and the
number of defendants was approximately 1,200 persons, of whom 20.5
percent were acquitted. In the total caseload of the oblast and
republic level trials, 4.2 percent of persons were acquitted. All
regions except Chechnya have implemented jury trials. The professional
competence of jury trial participants, including both parties and, to
some extent, judges, remained an issue of serious concern to domestic
and international observers.
In December, the Duma passed a bill removing certain crimes,
including terrorism, espionage, hostage taking, and mass disorder, from
the jurisdiction of jury trials. Under the new law, such cases will be
heard by panels of three judges, rather than by juries. Supporters of
the legislation justified it as an allegedly necessary measure in the
war on terrorism. They also alleged that clan relations in the North
Caucasus made it impossible to empanel objective juries there. Critics
of the bill, including the Public Chamber, liberal Duma deputies, some
judges, lawyers, and former jurors criticized the draft legislation as
a constitutional violation and a major step backwards in the protection
of individual liberties and called on the president not to sign it.
However, on December 31, President Medvedev signed the bill into law.
In December, a draft law which would substantially expand the
definitions of espionage and treason was introduced into the Duma.
Among other things the proposed law would define treason to include
``the rendering of financial, material-technical, consultative, or
other assistance to a foreign government or international or foreign
organization or their representatives in activities directed against
the security of the Russian Federation or its constitutional
structure.'' The draft law caused serious concern among some lawyers,
human rights activists, and government officials who claimed that the
law, if passed, would provide virtually unfettered discretion to
security forces to charge almost anyone who had any contact with
foreign governments or international organizations or persons with
treason. At year's end, the draft law had not yet had a first reading
in the Duma, and a number of persons in and out of the Government were
working to modify its provisions.
The Government substantially increased the use of plea bargaining
in criminal cases, which rose from 10,000 plea agreements in 2002 to
more than 380,000 in 2007. Plea bargains reduced the time that
defendants spend in pretrial detention, reduced the average prison
sentence by one-third, and allowed the courts and prosecutors to devote
their resources to other cases.
Prior to trial, defendants are provided a copy of their indictment,
which describes the charges in detail. They are also given an
opportunity to review the criminal file following the completion of the
criminal investigation. Defense attorneys are allowed to visit their
clients in detention, although conditions reportedly made it difficult
for attorneys to conduct meaningful and confidential consultations with
their clients.
The law provides for the appointment of a lawyer free of charge if
a suspect cannot afford one; however, this provision was often ignored
in practice. The high cost of competent legal services meant that
lower-income defendants often lacked competent representation. There
were few defense attorneys in remote areas of the country. Public
centers, staffed on a part- time basis by lawyers, continued to offer
free advice on legal rights and recourse under the law; however, they
were not permitted to handle individual cases.
The federal government funds a limited experimental system of legal
assistance for indigent persons in 10 regions.
According to the NGO Independent Council of Legal Expertise,
defense lawyers were the targets of police harassment. Professional
associations at federal and local levels reported police efforts to
intimidate attorneys and cover up their own criminal activities.
Authorities abrogated due process in continuing to pursue espionage
cases involving persons, including foreigners who allegedly obtained
information considered sensitive by security services. In some
instances prosecutors pursued such cases after earlier courts had
rejected them. The proceedings in some of these cases took place behind
closed doors, and the defendants and their attorneys encountered
difficulties in learning the details of the charges. Some human rights
observers contend that the FSB sought to discourage citizens and
foreigners from investigating problems that the security services
considered sensitive.
Human rights organizations and activists identified the following
individuals as political prisoners: Zara Murtazaliyeva, Valentin
Danilov, Igor Sutyagin, Mikhail Khodorkovskiy, Platon Lebedev, and
Svetlana Bakhmina. All were still imprisoned at year's end.
Zara Murtazaliyeva of Chechnya was convicted in 2005 of preparing
to carry out a terrorist attack in Moscow in 2004. She was sentenced to
nine years in a general regime prison. Murtazaliyeva's defense lawyers
and human rights defenders who monitored her trial maintained that the
charges against her were fabricated, and some considered her a
political prisoner. The defense lawyers appealed the verdict to the
Presidium of the Supreme Court and also filed an appeal with the ECHR
in 2005. The appeal was pending and Murtazaliyeva remained in prison.
In June her lawyer requested that she be paroled. There were no further
developments by year's end.
Valentin Danilov was serving a 13-year prison sentence for
allegedly transferring classified technology to China. Colleagues and
supporters asserted that the information in question was declassified
over a decade prior to his arrest, leading some human rights
organizations to consider the case to be politically motivated. In
2004, the Supreme Court overturned a 2003 jury acquittal, and Danilov
was retried by a judge and convicted. Danilov appealed to the ECHR, and
in 2006 his defense attorney appealed the verdict to the Presidium of
the Supreme Court. Neither court had responded to the appeals by year's
end. In June 2007, Danilov applied for a pardon; the Presidential
Pardon Commission declined to pardon Danilov because he had not
admitted his guilt.
Igor Sutyagin, a disarmament researcher with the Institute for U.S.
and Canadian Studies of the Russian Academy of Sciences, was convicted
in 2004 on espionage-related charges and continued serving a 15-year
sentence in a maximum security prison for allegedly passing classified
information about the country's nuclear weapons to a London based firm.
Sutyagin and human rights groups claimed that he had no access to
classified information and that the Government sought a severe sentence
to discourage others from sharing sensitive information with other
countries. Amnesty International deemed Sutyagin a political prisoner,
and other domestic and international human rights groups raised
concerns that the charges were politically motivated and that there
were problems in the conduct of the trial and the lengthy sentence. In
2005, Sutyagin was transferred to a colony in Arkhangelsk Oblast, which
was further from his family than his previous detention place in
Udmurtiya. Sutyagin appealed to the Supreme Court and the ECHR in 2006;
the appeals were pending at year's end. In June 2007, the Presidential
Pardon Commission declined to pardon Sutyagin because he had not
admitted guilt.
Mikhail Khodorkovskiy and Platon Lebedev continued to serve eight-
year prison sentences following their 2005 convictions for fraud, tax
evasion, and embezzlement. On July 16, Khodorkovskiy's lawyers filed
for parole, and on August 22, a District Court in Chita denied his
request on the grounds that he had not admitted his guilt and repented
and that he had violated prison rules, such as sharing food with other
prisoners. Some viewed the latter as a pretext for the decision.
Khodorkovskiy's and Lebedev's appeals of their convictions in the
country's courts were rejected in November 2007 and were pending at the
ECHR at year's end.
In late June, after more than a year of investigation, prosecutors
filed new charges against Khodorkovskiy and Lebedev for money
laundering and tax evasion, which could extend their imprisonment up to
15 years. In October, prison authorities placed Khodorkovskiy in
solitary confinement for 10 days for giving an interview to Esquire
magazine, a punishment that the Ingondinsky Court in November found to
be illegal. Also in October the Chita Regional Court rejected an appeal
by Khodorkovskiy's lawyers against an August decision by a lower court
to refuse parole. In December, the District Court granted
investigators' request to extend the defendants' pretrial detention to
March 2009.
Both Khodorkovskiy and Lebedev remained in a prison in Chita Oblast
(3,000 miles from Moscow) despite appeals that sending them to prison
in an area different from where they lived or were sentenced violated
the law. In July 2007, the criminal code was amended, allowing convicts
to be sent to any other region of the country, no longer just to
``another nearest-neighbor.'' In October the Supreme Court ruled that
Khodorkovskiy's detention in Chita was legal. The arrest and conviction
of Khodorkovskiy raised concerns about the right to due process and the
rule of law, including the independence of courts and the lack of a
predictable tax regime. Some observers believed that, despite the
possibility that the charges against Khodorkovskiy may have had some
merit, he was selectively targeted for prosecution because of his
politically oriented activities and as a warning to other oligarchs
against involvement in political or civil society issues or providing
financial support to independent civil society.
In December, former Yukos lawyer Svetlana Bakhmina failed to
receive early parole despite a high-profile campaign to secure her
release on humanitarian grounds. In April 2006, Bakhmina was convicted
of tax evasion and embezzlement and sentenced to seven years in prison,
which was reduced on appeal to six-and-a-half years. At the time of the
campaign for her release, she had served over half of her sentence,
which commonly enables a prisoner to apply for parole. Several
organizations expressed concern about reports regarding Bakhmina's lack
of access to her children while in custody. Some human rights groups
considered Bakhmina a political prisoner and claimed that she was being
held in an attempt to pressure Dmitriy Gololobov, her former boss at
Yukos, to return from London.
Bakhshetsyan, head of the Russian Customs Service in the Far East,
was charged in 2006 with abuse of office. Observers believed that the
charges were fabricated by local businessmen who were threatened by
Bakhshetsyan's crackdown on smuggling. Bakhshetsyan remained in
custody. His trial began in October 2007.
The criminal procedure code provides that an individual or business
may seek civil compensation for a criminal violation. The law clearly
provides for bringing a criminal or civil case on human rights
violations, but implementation was inconsistent.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law allows officials to enter a private residence
only in cases prescribed by federal law or on the basis of a judicial
decision. Authorities did not always observe these provisions in
practice. The law permits the Government to monitor correspondence,
telephone conversations, and other means of communication only with 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,
problems remained. There were allegations of electronic surveillance by
government officials and others without judicial permission and of
entry into residences and other premises without warrants by Moscow law
enforcement. Late in 2007, prosecutors brought several cases against
law enforcement officers for illegal wiretapping. Illegal wiretapping
charges have been brought against a former high-ranking member of the
State Narcotics Control Service, and several former Ministry of
Internal Affairs officials were being tried in Moscow at the end of
2007 for conducting illegal wiretaps in exchange for money.
In July 2007, Boris Kuznetsov, a prominent human rights lawyer,
filed information with the court in defense of his client, a former
member of the Federation Council, which included transcripts of
conversations recorded by the FSB without court authorization. The
state prosecutor subsequently charged Kuznetsov with revealing state
secrets, and Kuznetsov fled the country. A number of human rights
observers described the charges against Kuznetsov as politically
motivated, since he had represented sensitive high-profile cases, such
as the family of Anna Politkovskaya and the families of the Kursk
submarine crew. In February, Kuznetsov received political asylum
abroad. In September, the case against Kuznetsov was suspended
indefinitely because of the absence of the defendant. Nonetheless,
Kuznetsov appealed to the ECHR; the ECHR reportedly accepted the
request.
Law enforcement agencies have legal access to telephone and
cellular telephone company clients' personal information and require
providers to grant the Ministry of Internal Affairs and FSB 24-hour
remote access to their client databases. In past years some experts
opined that this access was unconstitutional, but no legal challenges
were ever filed.
The Government requires Internet service providers to provide
dedicated lines to the security establishment, enabling police to track
private e-mail communications and monitor Internet activity. On January
16, the Ministry of Information and Communication officially required
telecommunications companies and Internet service providers to allow
the FSB to tap telephone calls and monitor information over the
Internet. The ministry maintained that no information would be accessed
without a court order, and there were no new wiretapping cases at
year's end.
Human rights observers continued to allege that officers in the
special services abused their positions by gathering compromising
materials on public figures. Regional branches of the FSB reportedly
continued to exert pressure on citizens employed by foreign firms and
organizations, often to coerce them into becoming informants.
Federal forces and pro-government Chechen forces reportedly
abducted relatives of rebel commanders and fighters.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
During the year complex and interlocking insurgencies caused continuing
instability in the North Caucasus. These included the remnants of a
nationalist separatist insurgency in Chechnya, a widening Islamist
insurgency throughout the North Caucasus, violence committed by both
government and nongovernment actors in Ingushetiya, and continued clan
warfare among elite groups struggling for power.
Federal and local security forces were implicated in the excessive
use of force to quell the insurgencies and engaged in human rights
abuses, including torture, summary executions, disappearances, and
arbitrary detentions. Chechen rebels also committed human rights
abuses, including major acts of terrorism and summary executions. The
role and number of federal forces decreased considerably, leaving most
security operations to local forces. In August 2007, federal forces
were rushed to Ingushetiya following the failure of local forces to
deal with a deteriorating security situation, and abductions and
attacks increased. Overall, despite decreases in disappearances and
killings in some areas, the human rights record remained poor, and
unrest continued in and around the Chechen Republic and worsened
considerably in the Republic of Ingushetiya.
Killings.--The Government used indiscriminate force in areas of the
North Caucasus with significant civilian populations, resulting in
numerous deaths. Security forces generally conducted their activities
with impunity.
For a second year, there was a significant increase in the number
of killings, usually by unknown assailants, of both civilians and
officials in Ingushetiya. Human rights organizations reported that
there were more killings, attacks, and abductions in Ingushetiya during
the year than in any other republic in the North Caucasus. Ingushetiya
authorities, including President Murat Zyazikov, attempted to minimize
the reporting of the number of abuses and attacks, despite the
deployment of several thousand additional Interior Ministry troops in
2007 to stabilize the republic. In October, President Medvedev replaced
the unpopular Zyazikov with Colonel Yanus-Bek Yevkurov.
On September 24, unknown assailants in Moscow shot and killed
Ruslan Yamadayev, a former State Duma member, whose family had been
involved in high-profile disputes with President Kadyrov. The
investigation was ongoing at year's end.
In December three Chechen brothers, Zurab, Akhdan, and Alvi Ilaev,
were found dead with traces of beating and torture after allegedly
having been detained by local officials. Local NGOs took the case to
the Chechen ombudsman, but there were no further developments by year's
end.
On January 17, the ECHR found the country responsible for the
deaths of Khalid Khatsiyev and Kazbek Akiyev in 2000. The two men were
working with Ilias Akiyev in a field in Arshty, Ingushetiya, when a
government helicopter allegedly fired on them, killing Khatsiyev and
Kazbek Akiyev and wounding Ilias Akiyev. The ECHR also found the
country in violation of the European Convention on Human Rights for not
properly investigating the deaths and for not providing an effective
remedy.
There were no developments reported during the year in the 2007
police or security force killings of suspected insurgent Ruslan Aushev,
of Apti Dolokov in the town of Karabulak, of the brothers Said-Magomed
Galayev and Ruslan Galayev, or of Albert Gorbakov in Malgobek.
There were no results in the investigation of the 2006
disappearance of Bulat Chilayev and Aslan Israilov, who were detained
at a checkpoint near the village of Sernovodsk by armed men thought to
be members of the Chechen Republic security forces. The Chechen
Interior Ministry stated that it could not find the abductors.
According to some reports, Chilayev's and Israilov's relatives were
told they had been killed on the day of the abduction. Chechen
officials acknowledged the presence of mass graves and dumping grounds
for victims. In 2007 Chechen Ombudsman Nurdi Nukhazhiyev reported that
the remains of approximately 3,000 persons were buried in mass graves
in Chechnya. Although the ombudsman repeated this statement during the
year, he took no action to locate these mass graves.
There were no new developments during the year in the following
instances of alleged excess use of force by security forces in the
North Caucasus: the killing of Khaldat Mutakova and wounding of Zalpa
Mutakova and Zaira Kasumova in Shatoy District, Chechnya; the killing
of an adult and a child in Khasavyurt, Dagestan; and the killing of
three persons in a crowded square in the town of Kaspiysk, Dagestan.
In most cases security forces acted against civilians with
impunity, and even the limited efforts by authorities to impose
accountability failed. In December, a court in Ulyanovsk granted early
parole to Yuriy Budanov, a former tank commander for Russian forces in
Chechnya, who was convicted in the 2003 rape and murder of an 18-year-
old Chechen woman, Elsa Kungayeva, and had been sentenced to 10 years
in jail. Thousands of Chechens, along with human rights activists,
participated in street protests against the decision. On December 30,
lawyers for the Kungayeva family filed an appeal with the court asking
that the decision be overturned; however, Budanov was released.
Periodic killings of government officials were reportedly connected
with ongoing strife in the North Caucasus. According to Caucasian Knot,
226 law enforcement officers were killed and 420 were injured during
the year in the North Caucasus. The Prosecutor's Office of Chechnya
reported that between 2000 and 2006, 71 criminal cases were opened
based on actual or attempted assassinations of municipal administration
leaders or their staff. Of these cases, nine had gone to trial by
year's end.
On January 12, assailants shot and killed Anatoliy Kyarov, head of
the Anti-Organized Crime Directorate of the Ministry of Interior (MVD)
of Kabardino-Balkaria in Nalchik. In April, Kabardino-Balkaria MVD
officials announced that they identified Kyarov's killers as an
insurgent group led by Anzor Astemirov. Authorities had not made any
arrests at year's end.
On April 13, assailants shot and killed Deputy Chairman of the
Supreme Court for Ingushetiya Hasan Yandayev in the suburbs of
Karabulak City, Ingushetiya. Many observers believed that his killing
took place as revenge for his involvement in the conviction of more
than 20 suspected insurgents.
On December 29, unknown assailants shot General Valeriy Lipinskiy,
deputy commander of the Dagestan MVD in Makhachkala, in his car.
General Lipinskiy died in hospital; his wife was injured.
There were no new developments in the 2006 killings of the
following: Ingushetiya Ministry of Internal Affairs Lieutenant Colonel
Musa Nalgiyev, three of his children, a driver, and bodyguard; deputy
district administrator Galina Gubina; Dagestani prosecutor Bitar
Bitarov in a car bomb attack; and the administrative head of the
village of Chechen-Aul, Umar Khatsiyev.
Federal forces and their opponents continued to use antipersonnel
mines in Chechnya, although Landmine Monitor reported that Chechen
fighters increasingly used improvised explosive devices. Landmine
Monitor reported 39 deaths and 171 casualties overall in the past three
years from landmines and other unexploded ordnance in Chechnya. The
number has decreased in each of the past three years, although Landmine
Monitor stated that casualty numbers were often underreported.
Abductions.--During the year there were reports of federal and
local government involvement in disappearances in Chechnya, Dagestan,
and Ingushetiya. The number of disappearances declined in Chechnya and
Ingushetiya but remained the same in Dagestan. There were continued
reports of abductions followed by beatings or torture to extract
confessions, abductions for political reasons, and kidnappings for
ransom by criminals. Security forces alleged to be involved in these
disappearances acted with impunity. Caucasian Knot reported 50
kidnappings in the North Caucasus, including 15 in Chechnya and 24 in
Ingushetiya.
Caucasian Knot and the NGO Memorial alleged that the decrease in
abductions had resulted in an increase in extrajudicial killings.
According to Caucasian Knot, during 120 special operations conducted in
the North Caucasus, 231 members of illegal armed formations were killed
and 315 militants detained.
On August 3, according to HRW and local eyewitnesses, 42-year-old
Chechen Mokhmadsalakh Masaev was abducted by security forces and
disappeared. Masaev, a Muslim preacher, had previously been accused of
``Salafism'' by authorities, and police detained and tortured him. He
had announced his intention to disseminate details on abuses he
witnessed in Chechnya's detention centers on the day that he
disappeared. His whereabouts remained unknown at year's end.
In January 2007, according to Memorial, members of an unknown
security agency abducted Zelimkhan Kurbanov in Groznyy. He was later
charged with carrying out terrorist attacks and sabotage in Groznyy. On
February 13, Interior Ministry police took into custody Kurbanov's
brother Said Magomed Kurbanov and held him in custody for one day and
reportedly mistreated him. Federal Interior Ministry police (ORB-2)
officers reportedly warned Magomed Kurbanov not to tell anyone how they
treated him and that they still held his brother in custody.
During the year there were no convictions in the country's courts
in cases involving disappearances in Chechnya. There were no updates
during the year in the detention of Ramzan Khasiyev and Shakhid Ipayev.
In February 2007, Memorial reported that ORB-2 police took Khasiyev and
Ipayev into custody; they beat Ipayev and tortured Khasiyev with
suffocation and electric shocks. The two were reportedly released after
Khasiyev's brother, a member of another law enforcement agency,
intervened. In March 2007, a criminal case was opened against the ORB-2
policemen for the torture of Khasiyev. In April 2007, Ipayev was
detained by federal narcotics police after he testified against the
ORB-2 officers.
There were no developments during the year in the disappearance of
Ramaz Dibirov, Isa Isayev, and Muhamar Mammayev. In late April 2007,
the three residents of Makhachkala disappeared. According to Memorial,
the head of the division for combating terrorism of the Dagestani
Republic Ministry of Internal Affairs told relatives of the men in June
2007 that they were in police custody. At year's end their whereabouts
remained unknown.
There were no developments during the year in the 2007 abduction of
Vagap Tutakov by armed men in Chechnya. The International Helsinki
Federation stated that there was reason to believe that he was targeted
for political reasons. Tutakov, a former member of the Ichkeria
Parliament to the Parliamentary Assembly of the Council of Europe and
Aslan Makhadov's Special Representative in Strasburg, had supported
Chechnya's independence and was critical of Russian policies in the
North Caucasus.
In December, the ECHR found the country responsible for the
disappearance of Chechen Ruslan Kasumov in 2003 and in violation of the
European Convention on the Protection of Human Rights. Kasumov's family
was awarded 37,000 euros (approximately $47,300), but there was no
information on compliance with this decision at year's end.
There were continued reports during the year that government forces
took relatives of Chechen rebels as hostages to force them to
surrender. Law enforcement forces continued arrests not only of
relatives of rebels but of many persons whom they suspected of possible
contacts with rebels. Unwarranted searches of homes were also reported.
In September human rights organizations and international media
outlets reported that the Chechen government began a widespread,
concerted campaign of arson in villages and towns designed to punish
families of suspected insurgents. During the course of three months, a
number of districts or towns-including Alleroi, Geldagan, Khidi-Khutor,
Kurchaloi, Samashki, Shali, Shatoi, Nikikhita and Tsenteroi-were
visited by men in uniforms and black ski masks who herded residents
outside and then burned their homes. Many of the attacks were
accompanied by declarations that the homes were being destroyed as
punishment. The campaign followed explicit threats announced by Chechen
President Kadyrov and by Groznyy Mayor Muslim Khuchiyev. As part of
this campaign, on November 3, in the village of Pervomayskaya, Khamzat
Dzeytov was arrested without explanation. At year's end, Dzeytov was in
pretrial detention in Groznyy, awaiting trial.
On November 27, Adi Magomadov was taken to a SIZO of the Chechen
Interior Ministry and forced to sign a report about his participation
in a militant group after receiving threats to his family. He was
released the next day. The Magomadov family did not file a complaint
out of fear of reprisal.
There were no developments during the year in the kidnapping by
Chechen security forces of Doku Umarov's father and sister in 2005;
their whereabouts remained unknown. Human rights activists suggested
the kidnappings were attempts to get Umarov, a Chechen commander, to
surrender.
Criminal groups in the Northern Caucasus, possibly having links to
rebel forces, frequently resorted to kidnapping. The main motivation
behind such cases apparently was ransom, although some cases had
political or religious overtones. The hostage-takers held many of their
victims in Chechnya or Dagestan.
Although incidents continued, statistics of both authorities and
Memorial appeared to indicate a continued decline in abductions and
disappearances in Chechnya compared to previous years. However, human
rights groups and authorities interpreted the data differently. Human
rights groups estimated that the numbers were underreported due to the
reluctance of detainees' relatives to complain to the authorities or
human rights groups out of fear of reprisals. Citing numerous incidents
in which unidentified armed men wearing camouflage broke into houses
and abducted civilians, they expressed skepticism about government
assertions that regulations governing the behavior of security forces
were being more closely observed.
The decline in abductions by federal forces was partly offset by
the increasing role of the security forces under the command of Chechen
President Kadyrov, either on their own initiative or in joint
operations with federal forces. Human rights groups reported that these
forces were frequently suspected of disappearances and abductions,
including those of family members of rebel commanders and fighters.
In April 2007, Kadyrov and other officials announced that steps had
been taken to remove units from Kadyrov's direct oversight. Kadyrov
abolished the Chechen Republic's Antiterrorist Center and reorganized
its forces into two police battalions and subordinated them to the
federal Ministry of Internal Affairs. Human rights activists contended,
however, that these forces maintained their loyalty to Kadyrov and that
he continued to exert control over them.
According to human rights observers, government forces responding
to Chechen attacks at times engaged in indiscriminate reprisals against
combatants and noncombatants.
Amnesty International reported that federal and Chechen security
forces targeted female civilians, both in response to terrorist
bombings carried out by Chechen women and to put pressure on male
relatives suspected of being rebels.
There were no developments in the 2006 kidnappings of Yelena
Yersenoyeva, the widow of Chechen terrorist Shamil Basayev and a
journalist and HIV/AIDS activist in Groznyy, and her mother.
During the year the ECHR found the country responsible in 15 cases
involving the disappearance and presumed death of disappearance
victims, and for inhuman treatment of families by refusing to provide
information on the victims' fate. In some cases appellants said that
they were offered settlements or threatened in an effort to have them
drop their cases.
On May 29, the ECHR found the country responsible for the 2002
disappearance and death of Islam Utsayev, Movsar Taysumov, Idris
Abdulazimov, and Masud Tovmerzayev, residents of the village of Novye
Atagi. The men were detained after federal forces conducted a sweeping
operation in their village and were not seen again. The ECHR further
found the country in violation for not conducting a proper
investigation into their disappearances and for suffering caused to
their families, mistreatment of Utsayev's father, violating the men's
right to security and liberty, and failure to provide an effective
remedy.
On June 26, the ECHR found the country responsible for the death of
Apti Isigov and Zelimkhan Umkhanov, and also for the lack of an
effective investigation into their deaths, violation of their right to
liberty and security, and for the suffering caused to their families.
The two were illegally detained in Sernovodsk, Chechnya, in 2001.
On July 3, the ECHR found the country in violation for the 2000
detention and presumed death of Magomed Umarov. In 2000 security forces
came to the house of Ruslan Umarov, Magomed's father. They beat Ruslan
and then detained Magomed when he tried to stop them; his whereabouts
have been unknown since then. The country was also found in violation
of the European Convention on Human Rights for failing to investigate
the detention of Magomed, the ill-treatment of his father, the
suffering caused to his family, and the absence of an effective remedy
for these violations.
In November, the ECHR found the country in violation of the Human
Rights Convention for the killing of Akhmad Gekhaev and Zalin Mezhidov
in 2001 during an extralegal detention. Their families were awarded
compensation of 119,500 euros (approximately $152,776); there was no
information regarding compliance with the decision at year's end.
In April and May, the ECHR found the country responsible for five
human rights violations in the disappearance and killing of Shakhid
Baysayev and Shamil Akhmadov and awarded their families compensation.
The ECHR asked the Government to investigate the cases and to bring
those responsible to justice.
On June 21, in the case of Bitiyeva v. Russia, involving the
killing of four members of a Chechen family in 2003, the ECHR found
that the country violated several articles of the European Convention
on Human Rights and ordered it to pay 85,000 euros (approximately
$111,000) compensation.
Physical Abuse, Punishment, and Torture.--Armed forces and police
units were reported to have routinely abused and tortured persons in
holding facilities where federal authorities sorted out fighters or
those suspected of aiding rebels from civilians.
In Chechnya and Ingushetiya, there continued to be reports of
torture by government forces. In March 2007, the Council of Europe
(COE) Committee for Prevention of Torture published a statement about
cruel treatment and torture in Chechnya, based on visits to the region
in 2006 and the Government's comments. The committee noted the
country's inability to effectively combat torture in Chechnya. In March
2007, the COE commissioner for human rights, Thomas Hammarberg, visited
Chechnya and stated that torture and cruel treatment were widespread in
Chechnya and that those who used torture acted with total impunity.
Also in March 2007, Amnesty International accused the Government of
negligence with regard to violations in Chechnya and called on it to
take immediate steps to eradicate torture, cruel treatment, arbitrary
detentions, and disappearances, and to prosecute those who committed
such crimes.
In 2006, HRW reported that it had documented 115 torture cases in
Chechnya between July 2004 and September 2006. The report concluded
that most of the incidents occurred at one of at least 10 unlawful
detention centers. In 2006, Memorial representatives discovered an
illegal detention center in Groznyy where detainees were reportedly
held, tortured, ``disappeared,'' and killed by federal police units
that had temporarily been assigned to Chechnya. Despite appeals to
officials to investigate Memorial's allegations, the building, a former
boarding school for deaf children, was demolished.
On July 25, 50 armed men, reportedly law enforcement officials,
forcibly searched the home of Ingushetiya human rights activist Zurab
Tsechoev without a warrant and abducted him. He was allegedly detained
and beaten by officials who questioned him about his work with the
human rights NGO MASHR. There were no further developments in the 2007
cases of alleged torture and mistreatment by security officers of
Shamsudi Khadisov, Ramzan Khasiyev, and Mihkail Akbulatov.
In July, the NGO Forum 18 reported that 59 suspects were still
being held for the 2005 attack on security service buildings in
Nalchik. Many of the suspects alleged that they were put on a list of
extremists before the attack occurred because of their religiousness
and then, after the attack, they were arrested and tortured to extract
confessions. Earlier, HRW reported that at least eight detainees were
mistreated and that lawyers for five detainees were barred from
representing their clients. Their trial began in Nalchik in October; on
December 12, the Supreme Court of Kabardino-Balkaria refused to move
the trial to a different region.
Ruslan Nakhushev, head of the Islamic Research Institute in
Nalchik, who sought to promote dialogue between authorities and the
Muslim community, disappeared in 2005 after being questioned about the
Nalchik attack by the FSB; in 2006 the Ministry of Internal Affairs of
Kabardino-Balkaria included him on its list of most wanted criminals. A
court hearing in Nalchik in November 2007 was inconclusive. At year's
end, his whereabouts remained unknown.
According to Memorial, the resumption of zachistki (security
sweeps) in 2007 added to abuses reported in the North Caucasus. During
April and May 2007, federal forces and local law enforcement conducted
sweeps in the villages of Ali-Yurt, Surkhakhi, Gaybek-Yurt, and
Vosnesenovskaya, and in the town of Malgobek in Chechnya. The sweeps
lasted for several days and in some cases officers refused to identify
themselves. In at least one case, security forces also looted homes and
beat civilians. Similar security sweeps were conducted in Ingushetiya.
Human rights activists believed that such operations contributed to a
culture of fear that authorities used to minimize resistance.
Government forces continued to abuse individuals seeking
accountability for abuses in Chechnya and continued to harass those who
appealed to the ECHR. Amnesty International and other human rights
groups reported reprisals against applicants to the court, including
killings, disappearances, and intimidation. According to press reports
and human rights NGOs, by year's end at least six applicants to the
ECHR had been killed or abducted. In its July 2007 ruling in the case
of Alikhadzhiyeva v. Russia, the ECHR noted that the relatives of
disappeared persons and witnesses should be protected from intimidation
and revenge.
Chechen Human Rights Ombudsman Nurdi Nukhazhiyev continued the
practice of his predecessor in not cooperating with the human rights
NGO Memorial, and he and Chechen President Kadyrov spoke out publicly
against the NGO.
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 murder; however, it was
not empowered to investigate or prosecute alleged offenses and had to
refer complaints to military or civil prosecutors. Almost all
complainants alleged violations of military discipline and other crimes
by federal and Chechen Republic forces.
In contrast to past years, there were few reports of Chechen rebel
fighters committing serious human rights abuses such as terrorist acts
against civilians in Chechnya and elsewhere in the country or using
civilians as human shields.
In a large number of incidents, unidentified persons targeted
officials in violent attacks. On September 30, an unidentified suicide
bomber attacked Ingushetiya MVD chief Musa Medov in his car. Medov
escaped unhurt, but two persons died and several were injured. Medov
called the attack an attempt to destabilize the situation in the
republic.
On November 18, unknown persons made an attempt on the life of
Sultan Sultanmagomedov, advisor to the mufti of Dagestan. An improvised
explosive device exploded as he was passing it in his car.
Sultanmagomedov and his driver were injured and brought to a hospital.
In February 2007, Mayrbek Murdagamov, the deputy administration
head of Vedeno District, Chechnya, was killed by an explosive device as
he was leaving his home. In February 2007, Patriots of Russia Dagestan
branch leader Eduard Khidirov and his brother were severely injured
when their car came under fire in Makhachkala. Also in February 2007,
Vladimir Albegov, a federal judge of Prigorodnyy District Court in
North Ossetia, was found dead on a road near Vladikavkaz. Albegov had
disappeared three days earlier. A criminal case was opened, but there
were no updates at year's end.
Other Conflict-Related Abuses.--By year's end an estimated 54,606
persons remained displaced within Chechnya; approximately 4,600 lived
in temporary accommodation centers, all of which President Kadyrov
ordered closed in 2007. At the end of 2006, the Office of the UN High
Commissioner for Refugees (UNHCR) registered 20,075 IDPs from Chechnya
in Ingushetiya, a fourth of whom remained in temporary settlements.
Conditions in those centers reportedly failed to meet international
standards.
Throughout the year security forces continued to conduct security
sweeps and passport checks at temporary settlements in Ingushetiya
housing IDPs from Chechnya. These sweeps sometimes led to reports of
human rights abuses or disappearances.
Human rights groups documented illegal detention centers in
Chechnya and other locations in the North Caucasus where abuses
continued to occur. Chechen Republic security forces reportedly
maintained secret prisons in Tsentoroi, Gudermes, and other locations.
HRW reported it had detailed descriptions of at least 10 unlawful
detention facilities. Human rights groups reported that officers of the
federal Ministry of Internal Affairs' Second Operational Investigative
Bureau illegally detained and tortured persons in its Groznyy offices.
Since 2004, authorities have refused to grant the ICRC access,
under ICRC's standard criteria, to those detained as part of the
conflict in Chechnya, and the ICRC subsequently suspended its detention
visits. The suspension remained in place.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, in practice government
pressure on the media persisted, resulting in numerous infringements of
these rights.
The Government used direct ownership or ownership by large private
companies with links to the Government to control or influence the
major media outlets, especially television; many media organizations
saw their autonomy further weaken. The Government used its controlling
ownership in major national television and radio stations, as well as
the majority of influential regional ones, to restrict access to
information about issues deemed sensitive, including coverage of
opposition political parties and candidates, particularly during the
2007 State Duma and the March presidential election campaigns. During
the campaign leading up to the presidential election, COE Parliamentary
Assembly election observers criticized the unfair access to the media
for candidates, noting that 80 percent of the campaign's prime-time
television coverage-itself the primary source of information the public
receives-was devoted to Dmitriy Medvedev in his capacity as deputy
prime minister. During the State Duma election, the Organization for
Security and Cooperation of Europe (OSCE) representative on freedom of
the media highlighted numerous press freedom abuses, including
harassment of media outlets, legislative limitations, lack of equal
access, and arbitrary application of rules.
Unresolved killings of journalists remained a problem. Mistreatment
of journalists by authorities included reported cases of abuse,
including physical assault. The Government severely restricted coverage
by all media of events in Chechnya and Ingushetiya. There were
indications that government pressure led reporters to engage in self-
censorship, particularly on issues critical of the Government.
While the Government generally respected citizens' rights to
freedom of expression, it increasingly restricted this right with
regard to issues such as the conduct of federal forces in Chechnya,
human rights, uncovering corruption, and criticism of the
administration. Some regional and local authorities took advantage of
the judicial system's procedural weaknesses and laws with a broad scope
of applicability to detain persons for expressing views critical of the
Government. With some exceptions, judges appeared unwilling to
challenge powerful federal and local officials who sought to prosecute
journalists. These proceedings on occasion resulted in stiff fines.
Two of the 14 national newspapers are owned by the Government or
state-owned companies, as are more than 60 percent of the country's
45,000 registered local newspapers and periodicals. The Government
continued selective attempts to influence the reporting of independent
publications. While the largest daily newspaper, Moskovskiy
Komsomolets, is independently owned, other influential national
newspapers, including Izvestiya, Rossiyskaya Gazeta, and Kommersant,
are owned by the Government, persons affiliated with the Government, or
state-owned companies. Additionally, the Ministry of Defense owned the
newspaper Krasnaya Zvezda.
In May, government-affiliated Bank Rossiya purchased a controlling
stake in Izvestiya from state-owned Gazprom. Under its new ownership,
Izvestiya maintained a pro-government stance on key policy issues and
increasingly avoided controversial topics. In 2006 the daily Kommersant
was purchased by Alisher Usmanov, majority shareholder of the
Metalloinvest company (in turn affiliated with Gazprom). As a result of
this change in ownership, Kommersant changed editors, and several
journalists left the paper; the paper also replaced its opinion and
comment page with a page that reprinted articles on foreign policy
issues from international papers. However, there was no discernible
shift in Kommersant's editorial position.
In April, the Moscow-based Moskovskiy Korrespondent newspaper
stopped publishing shortly after running a tabloid-style article about
former president Putin's personal life. Although the paper denied any
political reasons for the decision to suspend publication and for the
editor's resignation, the press freedom watchdog Center for Journalism
in Extreme Situations said the case was an example of the Government
using extralegal methods to pressure the media. According to the NGO
Glasnost Defense Fund (GDF), a warning from media oversight authorities
caused the closure, and the paper reopened, only to close again later
in the year due to lack of funds.
In November, unknown assailants seriously beat independent Khimki
journalist Mikhail Beketov, publisher of the weekly Khimkiskaya Pravda.
Beketov's paper had frequently criticized local authorities for
construction projects that damaged the local environment, and for
corruption associated with those projects. The attack on Beketov
prompted the Public Chamber to hold a high-profile hearing at which
they proposed a center for defense of journalists and a new law
increasing the punishment for endangering the life of a journalist.
However, at year's end no results had emerged from these proposals;
Beketov remained in a coma with an amputated limb as a result of
sustained injuries; and no arrests were made in the case.
There are six national television stations. The federal government
owns Rossiya and a controlling interest in First Channel; state-owned
Gazprom owns a controlling interest in NTV; government-affiliated Bank
Rossiya owns a controlling interest in Ren-TV and Fifth Channel; and
the Moscow city administration owns TV Center. Approximately two-thirds
of the 2,500 other television stations in the country are completely or
partially owned by the federal and local governments. The Government
indirectly influenced private broadcasting companies through partial
ownership of such commercial structures as Gazprom, which in turn owned
controlling or large stakes of media companies. This ownership of
television media often resulted in editorial constraints.
Influence over editorial policies was not uniform. For example,
some observers initially alleged that the Ren-TV network's editorial
line became more pro-government when it was purchased by government-
affiliated Bank Rossiya, but during the year it appeared to provide
balanced news coverage relative to other television networks.
Despite a majority ownership of Ekho Moskvy by Gazprom, the radio
station provided independent coverage of controversial political
themes, but according to media reports, faced increasing pressure from
the Government during the year, particularly during the crisis with
Georgia, including from government officials.
International media continued to face some impediments to their
ability to operate freely. In 2007 authorities curtailed a number of
stations broadcasting Radio Free Europe/Radio Liberty and Voice of
America news programs, but they continued to produce independent
reports in Moscow and St. Petersburg. In August 2007 the state
licensing authorities ordered the British Broadcasting Corporation
(BBC) World Service's Russian partner, Bolshoye Radio, in Moscow to
remove BBC programming or lose its license. Bolshoye Radio's decision
to halt the rebroadcasting of BBC programming and similar decisions by
two other radio stations eliminated BBC broadcasting on the FM band. As
a result, the BBC's Russian-language services were available only on
medium and shortwave broadcasts.
The Government exerted its influence most directly on state-owned
media. During the August conflict in Georgia, reporting in state-owned
or state-controlled media adhered closely to the Government's position.
Public opinion strongly supported the Government's invasion, and there
was strong condemnation among the Russian independent media of ``bias''
in western reporting of the conflict. Journalists and news anchors of
Rossiya and First Channel reported receiving ``guidelines'' from
management prepared by the presidential administration indicating which
politicians they should support and which they should criticize.
government-controlled media exhibited considerable bias in favor of the
former president and current prime minister, Vladimir Putin, and the
current president, Dmitriy Medvedev. In the campaign before the
December 2007 State Duma and March presidential elections, state-
controlled print and broadcast media resources overwhelmingly favored
United Russia, President Putin's party and Deputy Prime Minister
Medvedev, the ruling party's candidate for president, to the exclusion
of other parties and candidates.
The Government maintained ownership of the largest radio stations,
Radio Mayak and Radio Rossiya.
The Government owned the national news agencies ITAR-TASS and RIA-
Novosti. In May 2007, the new director general of the Russian News
Service reportedly established an editorial policy that required at
least 50 percent of reports about the country to be ``positive'' and
forbade the mention of some key opposition politicians. The changes
prompted many staff members to quit in protest.
In November the General Prosecutor's Office announced that it would
monitor the media for any ``damaging'' articles that might worsen the
financial crisis. Soon afterward, the Prosecutor's Office sent a
warning letter to commentator Yevgeny Gontmakher, who in October wrote
a column for Vedomosti entitled ``Novocherkask-2009,'' in which he
envisioned a scenario for the growing economic crisis involving
widespread sociopolitical upheaval. However, in response to widespread
protests from Gontmakher's media colleagues, the Prosecutor's Office
issued a statement indicating that the letter had not been meant as a
warning.
On December 29, an organizer for the Ulyanovsk branch of the
Russian People's Democratic Union (RNDS), Aleksandr Bragin, was
arrested for posting an article discussing the economic situation in
the region on the RNDS Web site. The officers of the local Department
for the Struggle Against Terrorism and Extremism demanded that the
article be removed from the Internet site, because it ``damages the
image of the region.''
In September 2007, a District Court in Moscow postponed hearings in
the case of political analyst and Yabloko political party member,
Andrey Piontkovskiy, pending further detailed analysis of his book.
Piontkovskiy was charged with inciting ``extremism'' through his book
Unloved Country. Earlier in 2007, after a local branch of the Yabloko
party published a collection of Piontkovskiy's articles, a court in
Krasnodar Kray attempted to halt Yabloko's distribution of the book,
warning the party that it contained passages which violated the law on
extremism. On December 5, the Basmannyy court in Moscow cleared
Piontkovskiy of all extremism charges after a panel of independent
linguists examined the book and found nothing that met the definition
of extremism. In 2006, the Federal Registration Service (FRS) warned
the media that references to the banned National Bolshevik Party
without indicating that it had been banned could be considered
dissemination of false information and lead to the ``application of
restrictive, precautionary, and preventive measures.''
In May 2007, a District Court in Samara sentenced Sergey Kurt-
Adzhiyev, the editor of the local edition of Novaya Gazeta, to a 15,000
ruble (approximately $630) fine for using unlicensed software on his
office computer. Kurt-Adzhiyev denied the charges, and his lawyers
pointed out inconsistencies in the evidence submitted by the
prosecutors. The paper was unable to publish its Samara edition after
November 2007.
In February, immigration officials again denied entry into the
country to Natalya Morar, a correspondent for The New Times magazine.
Morar, a Moldovan citizen residing in Moscow, had not been able to
return to Russia since she was denied entry in December 2007. Morar had
published investigative articles about the Government's handling of the
2007 State Duma elections and illegal financial transactions by senior
government officials. Border officials reportedly told her that she was
considered a threat to state security and that the order to refuse her
entry had come from the FSB. After several unsuccessful appeals to the
country's courts, in August Morar filed a lawsuit with the ECHR. There
were no further developments at year's end.
The federal Ministry of Internal Affairs continued to control media
access to the area of the Chechen conflict. Foreign journalists were
required to obtain government accreditation to enter Chechnya, but even
those with proper documents were sometimes refused access. On April 21,
police in the Chechen capital Groznyy detained Jane Armstrong, a
correspondent for the Canadian daily Globe and Mail, and her Russian
interpreter. The police confiscated her reporter's accreditation and
deported her from Chechnya. Police claimed that she lacked the special
accreditation required to report from Chechnya and that she had failed
to clear her itinerary with local law enforcement authorities. There
were no known detentions of reporters in Chechnya during the year.
In July, the Investigative Committee of the General Prosecutor's
Office launched a criminal investigation against Nadira Isayeva, editor
in chief of the Chernovik newspaper, published in Dagestan, on
suspicion of publishing articles that ``called for extremist
activities'' and ``incited hatred or enmity on the basis of
ethnicity.'' The articles in question alleged widespread corruption in
the local Interior Ministry. Investigators searched the homes of
Isayeva and several journalists of Chernovik. In November, the
Makhakchala District Court found in favor of the ministry and ordered
Chernovik to publish a retraction.
In 2006, Moscow journalist Boris Stomakhin, editor of the monthly
Radikalnaya Politika newspaper, was sentenced to five years in prison
on charges of inciting ethnic hatred for violent and provocative
writings. Human rights activists asserted that the severity of the
sentence was unprecedented. In February his appeal for early release
was denied, and the NGO For Human Rights, after visiting him in prison,
reported concerns for his health.
In July 2007, Kommersant Vlast published an interview with exiled
Chechen rebel leader Akhmed Zakayev. RosOkranKultura, then the agency
within the Ministry of Culture that oversaw compliance with the media
law, asked the General Prosecutor's Office to investigate whether the
publication violated the law and warned the magazine against violating
the law in the future. There were no further developments in the case
during the year.
In June 2007, the Government reinstated accreditation to the U.S.-
based ABC television network, and reportedly in October 2007 ABC
assigned a Moscow correspondent who continued to report during the
year. The Government had withdrawn ABC's accreditation in 2005 after
ABC News broadcast an interview with Chechen terrorist Shamil Basayev.
Mistreatment of journalists by authorities was not limited to
Caucasus-related coverage. The GDF and other media freedom monitoring
organizations reported cases of abuse of journalists by police and
other security personnel elsewhere, including physical assault and
vandalism of equipment. In most instances, the mistreatment appeared to
have been at the initiative of local officials.
In December, during a series of protests in response to a planned
increase in tariffs on imported cars, mistreatment of journalists was a
problem. Police beat a number of journalists, including correspondents
of Primorskoye TV, TV Center, NHK, Moskovskiy Komsomolets daily, and
ITAR-TASS, and destroyed their equipment.
On November 12, police detained a film crew from Fifth Channel for
attempting to film footage of a fire in a building in St. Petersburg.
The journalists were taken to a police station and released shortly
afterwards.
On December 14, police in Moscow detained journalists who covered a
Dissenters' March opposition rally, including correspondents of
Kommersant daily, Gazeta.ru and Liberty.ru on-line publications, and a
Ren-TV camera crew. The police released the journalists on the same
day, after notifying them that they may be charged with participation
in an illegal rally.
In December, authorities in Saratov denied correspondents of
Saratovskiy Vzglyad newspaper access to events during a visit by
Federation Council Chairman Sergey Mironov. According to the
newspaper's management, accreditation was denied because of the paper's
critical articles about the local division of the FSB.
According to the GDF, 69 journalists were physically attacked and
five journalists were killed during the year. Eight journalists were
killed in 2007. In most cases, authorities and observers were unable to
establish a direct link between an assault and the persons who
reportedly had taken offense at the reporting in question. Independent
media NGOs 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. The
foundation reported that in some cases the killings appeared to be
related to the journalists' work.
On March 21, assailants shot Gadzhi Abashilov, head of the local
branch of the Russian State Television and Radio Company in
Makhachkala, Dagestan. Law enforcement authorities and Abashilov's
colleagues believed that his murder was related to his journalistic
work, including reporting on the situation in Dagestan. In July local
authorities charged three men with murdering Abashilov. There were no
further developments in the case at year's end.
On August 31, a member of the Ingush Interior Ministry shot and
killed Magomed Yevloyev, owner of the opposition Web site
Ingushetiya.ru, known for its investigations into local government
corruption and electoral manipulation. He died from the gunshot wound
in his head while in the custody of police officers in their car.
Earlier in August the Moscow City Court upheld a lower court's decision
to close Ingushetiya.ru on charges that it carried extremist content.
The Web site's editor in chief, Rosa Malsagova, left the country with
her three sons and applied for political asylum in France, claiming
that Ingush officials had threatened her and her family.
On September 2, two assailants shot Telman Alishayev, a journalist
from the Islam-focused TV Chirkey, in Makhachkala, Dagestan. He died
the following day. Alishayev was well-known in Dagestan for his
criticism of Islamic extremism in the North Caucasus. The Dagestan
branch of the Federal Investigator's Office opened a criminal case, and
police identified two suspects in the murder, one of whom was already
wanted on suspicion of killing local police officers. At year's end
both suspects remained at large.
On April 12, unidentified attackers in the town of Dolgoprudniy,
near Moscow, beat Gregoriy Belonuchkin, parliamentary correspondent of
the Panorama Publishing House. Belonuchkin reported that in the
December 2007 State Duma elections, voting results reported by some
precincts in Dolgoprudniy differed from the official statistics
released by election authorities. According to Belonuchnik, he received
repeated telephone threats after his reports had been published. A
criminal case was initiated, but at year's end no arrests had taken
place.
On September 2, unknown attackers in Nalchik, Kabardino-Balkaria,
severely beat Miloslav Bitokov, editor in chief of Gazeta Yuga
newspaper. Bitokov was hospitalized with a severe brain concussion. His
colleagues and relatives strongly believed the attack was related to
the paper's independent reporting on the economic problems and crime
situation in the republic. The Investigative Agency of the Kabardino-
Balkaria Interior Ministry stated that it agreed that the attack was
related to Bitokov's work and opened up a criminal case. However, at
year's end no arrests had been made.
On December 23, two men attacked Zhanna Akbasheva, a correspondent
for the Regnum news agency in Karachay-Cherkessia, while she was
walking toward the office of a state-funded newspaper, Cherkess Heku.
The men punched and kicked her, causing damage to her abdomen.
Akbasheva had written about corruption and press freedom and had
recently written about a conflict between the Government and Cherkess
Heku over the paper's refusal to follow a government order to publish
an open letter critical of the minority Circassian population. The
attackers warned her that she would suffer worse attacks if she did not
stop writing about government officials.
Most high-profile cases of journalists who were killed or kidnapped
during the year or in earlier years remained unsolved. There were some
cases where some family and colleagues disagreed with official findings
in the deaths of journalists, alleging that the deaths were connected
to their reporting. These included the March 2007 death, officially
ruled a suicide, of Kommersant military reporter Ivan Safronov after
falling from a fifth-floor window at the time he was writing a
sensitive article about the country's plan to sell military equipment,
and of Aleisk New Television cameraman Vyacheslav Ifanov, who was found
dead in his garage in April 2007. Authorities determined Ifanov died of
carbon monoxide poisoning but relatives and colleagues disputed this
and noted that his body had numerous bruises. Shortly before his death,
military servicemen severely beat him and destroyed his camera as he
filmed a report near their base. Ifanov was hospitalized with a
concussion, but he pressed charges and identified one of the attackers
prior to his death; however, the case remained stalled due to the
suspects' military status.
In June, authorities charged a former police officer and two
residents of Chechnya in the 2006 killing of prominent investigative
journalist Anna Politkovskaya in Moscow. An officer from the FSB, whom
authorities had previously accused of giving Politkovskaya's killers
her address, was separately charged with extortion and abuse of office.
Authorities said that the suspected shooter, Rustam Makhmudov, remained
at large. The trial began in November, continued through December, and
was still ongoing at year's end. The judge initially ruled that the
trial would be closed, citing jurors' concerns for their safety;
however, one of the jurors publicly denied any such concerns, and the
judge opened the trial, only to reverse again and close it a week
later, citing the possibility that defendants might reveal state
secrets. This decision prompted criticism from rights activists, and in
December the judge once again opened the trial. A number of human
rights activists, as well as the human rights ombudsman, criticized the
investigation for focusing only on the shooters without investigating
who ordered the killing. Politkovskaya's writing was highly critical of
the war in Chechnya, Chechen authorities, human rights abuses, and
President Putin's administration; as a result of her writing, she had
previously received many death threats.
In March 2007, a Moscow court suspended the trial in the case of
the 2004 murder of Paul Klebnikov, the U.S. citizen editor in chief of
Forbes Russia, and the Supreme Court ordered a new trial. The first
trial was suspended when the lead defendant, Kazbek Dukuzov, failed to
appear. Prosecutors obtained an arrest warrant for Dukuzov and claimed
to be searching for him; the case will not resume until he is
apprehended and brought to court. There were no new developments in the
case at year's end.
During the year, a court convicted Georgiy Totoyev, a police
officer in Vladikavkaz, of the June 2006 beating of Channel One
reporter Olga Kiriy and sentenced him to three-and-one-half years'
imprisonment.
On April 4, the Investigative Committee of the General Prosecutor's
Office opened a murder case in connection with the 2003 death of Yuriy
Shchekochikhin, a member of the State Duma and deputy editor of the
newspaper Novaya Gazeta. According to the official diagnosis,
Shchekochikhin died in a Moscow hospital of a severe allergic reaction
to an unknown substance; however, some speculated that he was killed
because of allegations he made about high-level corruption. At the time
of his death, Shchekochikhin was investigating allegations of FSB
responsibility for a series of 1999 apartment building bombings and the
purported involvement of senior officials of the FSB and General
Prosecutor's Office in smuggling goods through FSB storage facilities.
In September 2007, police officers in Kazan assaulted Natalya
Petrova, an independent filmmaker known for her criticism of government
policies in Chechnya. The attackers also assaulted her daughters and
mother. No investigation into the assault was launched during the year.
According to the GSF, at year's end Petrova had left the country and
her family had not reported any additional harassment.
There were no developments in the case of three REN-TV journalists
and Memorial's Oleg Orlov, who in November 2007 suffered kidnapping and
beating in Ingushetiya; they were there to cover an opposition
political demonstration and also reportedly filmed a special forces
operation the day before during which a young boy was killed by stray
gunfire. At year's end no investigation had been opened into the
attack.
Authorities at all levels used their authority, sometimes publicly,
to deny access to journalists who criticized them. One method was to
deny the media access to events and information, including filming
opportunities and statistics theoretically available to the public.
On January 26, police in Ingushetiya detained correspondents from
Radio Liberty/Radio Free Europe, Ekho Moskvy radio, Novaya Gazeta, RIA
Novosti, Tvoy Den, and television crews from Channel 5 and Rossiya TV,
for attempting to cover an opposition rally. Some of the journalists
were released within hours, although others spent two days in
detention. Police beat three of them.
During the March 2 presidential elections, law enforcement officers
and election workers barred correspondents from polling stations in
Moscow, Rostov-on-Don, and Astrakhan. During the 2007 State Duma
election campaign, there were widespread reports of authorities
pressuring the media to cover United Russia and not give equal coverage
to opposition parties.
Through legislation and decrees, the Government curtailed freedom
of the press. In July 2007, the Government enacted a law that expanded
the definition of extremism and provided law enforcement officials with
broad authority to suspend media outlets that did not comply with
restrictions. Media freedom advocates expressed concern that this broad
interpretation of extremism could create a basis for government
officials to stifle criticism and label independent reporters as
extremists. On October 1, the State Duma Security Committee introduced
an amendment to the current law that will enable authorities to close
any organization deemed extremist by submitting charges to the court
which cannot be challenged by the accused. In November, in the context
of rising concerns over the economy, the General Prosecutor's Office
announced that it would monitor the media for any ``damaging'' reports
that might exacerbate the financial crisis. Prime Minister Putin also
publicly admonished media not to print anything ``unpatriotic,'' and
media members were told to avoid using the word ``crisis'' in reference
to the situation.
Officials or unidentified individuals sometimes used force or took
extreme measures to prevent the circulation of publications that were
not favored by the Government. On February 27, the entire issue of the
Orlovskaya Iskra daily newspaper was stolen from a local distribution
company. The newspaper journalists said the issue contained stories
that cited financial violations by officials of the administration of
Oryol region. On April 23, police in Barnaul seized copies of the
Barnaulskiy Listok daily newspaper, without providing a justification.
The newspaper's staff said that police threatened to put several
journalists in custody if they resisted the confiscation. The
newspaper's publisher Sergey Mikhaylov said that the seized issue
included a critical article about Altayskiy region Governor Aleksandr
Karlin. Mikhaylov filed a complaint with the Regional Prosecutor's
Office, which found no grounds for legal prosecution of the police. In
May, authorities in Ingushetiya banned the local magazine Dosh from
newsstands for publishing an interview with former Ingush president
Ruslan Aushev, which Dosh's editor said had occurred in 2004.
Government officials occasionally used legal actions against
journalists and media outlets in response to negative coverage. The GDF
estimated that at least 46 criminal cases and more than 200 civil cases
were brought against journalists during 2007. Although the law
prohibits courts from imposing damages in libel and defamation cases
that would bankrupt the media organization, one NGO reported that local
courts did not always follow this in practice. The GDF noted that
during the year the courts upheld civil defamation claims against
journalists in 48 cases for amounts equivalent to approximately 9.5
million rubles ($261,104). This represented a sharp increase from the
2007 figure of 3.5 million rubles ($96,196).
Some NGOs alleged that authorities continued to target media
outlets and organizations which are in opposition to the administration
by raiding them for pirated software. According to the GDF and other
media NGOs, there were some instances of authorities using
investigations into intellectual property rights violations (i.e.,
software piracy) to selectively confiscate computers and pressure media
across the country.
On February 1, police searched the office of Tolyattinskoye
Obozreniya newspaper in the Samara region and confiscated the
newspaper's computers on suspicion it had used pirated software. The
newspaper's management asserted that the police raid was in retaliation
for its positive comments about a candidate in the upcoming mayoral
election who was critical of the ruling United Russia party. In
January, authorities attempted to seize issues containing articles
about the candidate.
In May 2007, police in Samara seized computers from the offices of
Novaya Gazeta and an organization that was coordinating an
antigovernment protest. Also in May 2007, police in Tula confiscated a
computer from the political movement the Popular Democratic Union. In
July 2007, law enforcement authorities confiscated the computers of the
Nizhniy Novgorod offices of Novaya Gazeta; some alleged that this was
part of a broader action against human rights organizations in that
city. In late August 2007, Nizhny Novgorod police raided the offices of
the Tolerance Support Foundation and the Nizhny Novgorod Human Rights
Society, as well as Novaya Gazeta, allegedly searching for unlicensed
computer programs. The police confiscated computers from the Tolerance
Support Foundation, disrupting its work, and from Novaya Gazeta,
preventing the newspaper from publishing its next issue.
Some authorities used the media's widespread dependence on the
Government for transmission facilities, access to property, and
printing and distribution services to discourage critical reporting,
according to the GDF and media NGOs. The GDF reported that
approximately 90 percent of print media organizations relied on state-
controlled organizations for paper, printing, or distribution, and many
television stations were forced to rely on the Government (in
particular, regional committees for the management of state property)
for access to the airwaves and office space. The GDF also reported that
officials continued to manipulate the price of printing at state-
controlled publishing houses, to apply pressure on private media
rivals. The GDF noted that this practice was more common outside the
Moscow area.
Internet Freedom.--The Government did not restrict access to the
Internet. Individuals and groups could generally engage in the peaceful
expression of views via the Internet, including by e-mail, but traffic
was reportedly monitored by the Government. The Government continued to
require Internet service providers to install, at their own expense, a
device that routes all customer traffic to an FSB terminal called the
``system for operational investigative measures'' that enabled police
to track private e-mail communications and monitor Internet activity.
There appeared to be no mechanism to prevent FSB access to the traffic
or private information without a warrant. The FSB was not required to
give telecommunications companies and individuals documentation on
targets of interest prior to accessing information.
In April, law enforcement authorities in Omsk ordered
administrators of the popular local Internet forum Omskiy Forum to
provide personal information about forum participants who posted
comments critical of local authorities. Omskiy Forum stated in an open
letter that its Internet service provider had provided the Ministry of
Internal Affairs with Internet addresses used by forum contributors.
On July 7, a court in Syktyvakar sentenced blogger Savva Terentyev
to a suspended one-year prison term for extremism, for inciting hatred
against a ``social group'' by posting a comment in an online discussion
on LiveJournal about the elections in Komi and police corruption, and
calling for the police to ``burn in the squares of Russian cities.'' A
linguistic examination conducted by the Scientific Center of the Komi
Republic alleged that Terentyev's comment aimed to stir up hatred and
humiliate persons belonging to a ``social group.'' A number of NGOs and
rights activists criticized the court's ruling, asserting that the
broad interpretation of extremism legislation was used to target
criticism of authorities, and questioned the classification of police
as a ``social group.''
On April 22, an Internet service provider in Kirov stopped
supporting the Internet site of Vyatskiy Nablyudatel newspaper, citing
an order from the local office of the Ministry of Internal Affairs that
the site be shut down for ``calling for extremism'' and ``inciting
hatred and enmity towards the Government of the Kirov region.''
The Government generally did not impose content restrictions,
except in a few cases where the law on extremism was applied. In
contrast to other forms of media, the Government does not require Web
sites to register as mass media, and unregistered Web sites were not
subject to administrative sanctions. Postings on the Internet were
subject to the same restrictions that applied to other types of
expression, and some bloggers were charged with inciting hatred for
their Internet postings. A State Duma proposal in April to amend the
law on media to define Internet sites as mass media and place them
under greater government control did not pass. Internet forums,
including blogging services, continued to serve as a more open media
vehicle for expressing political views. Bloggers, including journalists
and politicians, used online diaries in the run-up to the December 2007
State Duma and March presidential elections to express views about the
campaign.
In August 2007, Dmitriy Shirinkin, a blogger from Perm, was charged
as a ``telephone terrorist'' after he posted a fictional work that
authorities considered an announcement of intent to commit a terrorist
act.
There was widespread and growing access to the Internet through
home, work, or public venues. Approximately 25 percent of adults had
Internet access, almost all of whom used the Internet at least once a
month.
Academic Freedom and Cultural Events.--The Government did not
restrict academic freedom; however, human rights and academic
organizations believed the continued imprisonment of disarmament
researcher Igor Sutyagin, physicist Valentin Danilov, and others
inhibited academic freedom and contact with foreigners on subjects that
the authorities might deem sensitive.
On February 12, authorities in St. Petersburg suspended all
activities at the private European University, allegedly due to fire
safety violations. Activists said that they believed the decision was
related to a grant the university received from the European Union in
2007 to study the country's elections. The university decided to
discontinue the research project, and city authorities then declared
the university free of fire safety violations. The university reopened
in March.
On April 13, in Pskov, the OMON disrupted the opening of an art
exhibit by Natalya Chernova because of its political content. The
police came to the opening and began to take down the names of the
organizers and visitors. Chernova was a member of National-Bolshevik
``Decembrist'' group that tried to take over the presidential
administration building, for which she was imprisoned from 2004-06.
In June 2007, a Moscow district prosecutor opened a criminal case
against Yuriy Samadurov, director of the Sakharov Center, for
instigation of ethnic and religious hatred because the center had
hosted a provocative art exhibit in March of that year. Samadurov
subsequently resigned as director of the center, and the Prosecutor's
Office formally presented Samadurov with the charges against him on May
15. The case remained ongoing at year's end.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, but local
authorities increasingly restricted this right in practice.
Permits are required for public meetings, demonstrations, or
marches, and must be requested between five and 10 days before the
event. Local elected and administrative officials selectively denied
some groups permission to assemble or offered alternate venues that
were in inconvenient locations. Permits are not required for religious
gatherings and assemblies, and unlike past years, there were no
reported incidents of authorities denying religious groups access to
venues where they could hold assemblies. According to the Moscow
Prosecutor's Office, during the year there were approximately 1,500
public rallies in the country, of which 150 were unsanctioned.
On January 26, police dispersed several hundred opposition
demonstrators, and arrested 30 to 40 persons, including at least 10
journalists and human rights representatives covering the demonstration
in Nazran. This followed the FSB's January 25 order that banned
demonstrations and restricted movement in several districts of Nazran.
In July, several human rights activists from Nizhny Novgorod,
Kirov, and Samara filed an application with the Constitutional Court
regarding restrictions on freedom of rallies. Authorities can deny
permission for a rally if it will interfere with traffic or if another
rally is being held at the same place; however, the activists alleged
that their request for permission was actually denied for political
reasons. The activists had not received a response from the court by
year's end.
On May 6, the opposition group Other Russia attempted to organize a
Dissenters' March to register disapproval of President Medvedev's
inauguration. Moscow authorities refused to issue permits for a march
or demonstration, and Other Russia cancelled the event. However, at the
planned time for the march, police arrested 50-60 Other Russia members,
in locations away from the site of the cancelled rally.
On June 1, after a number of gay rights activists were repeatedly
denied permission to hold parades, gay pride organizers held two
demonstrations in Moscow. Organizers had announced that the
demonstration would take place across the street from the mayor's
office, and police and counter-protesters gathered there to confront
them. However, the organizers secretly notified participants of a
different location and, in contrast to the banned parade in 2007, a
short march took place largely free of violence. The human rights
ombudsman criticized the mayor's policy of denying permission for gay
parades. In October, the Moscow City Court upheld a ruling by the
Tverskoy District Court banning 10 marches that were part of the gay
parade.
On November 13, unknown assailants attacked activist Karine
Clement, director of the Institute for Collective Action, with a
syringe near the Lubyanka Metro station in Moscow. She was on her way
to a meeting of an organization devoted to defending local housing
rights. Clement had suffered other attacks in the past, including two
in the preceding week, from assailants who expressed displeasure with
her support of leftist movements.
On December 14, Other Russia held a Dissenters' March in Moscow
protesting changes to the constitution lengthening presidential and
Duma terms. Moscow City Hall officials rejected three proposed march
routes, and police visited Other Russia member Mikhail Makarov and
attempted to force him to record a video saying he would not organize
the march. However, the Dissenters' March proceeded without
authorization, and police-who outnumbered the protesters-detained
approximately 100 participants, in some cases using violence, including
in one instance dragging a woman by her hair. Most detainees were
released, but many were ordered to appear in court later and to pay a
fine. On the same day, the pro-Kremlin Nashi youth movement rallied
near the Kremlin; authorities allowed this as part of what many
observers called a pattern of encouraging government-friendly rallies
while preventing politically sensitive demonstrations.
On December 21, OMON special forces from Moscow beat protesters in
Vladivostok who were displeased with a planned increase in tariffs for
imported automobiles.
In May 2007, participants in a Moscow gay rights demonstration were
assaulted by counterdemonstrators. Security forces did not protect the
demonstrators and arrested approximately 25 gay rights activists.
Throughout 2007, authorities participants and organizers of various
``Dissenters' Marches'' were harassed by authorities. In April 2007 in
Moscow and St. Petersburg, police detained more than 300 participants
in the Marches of Dissenters and beat 35 persons. In May 2007, Ilya
Gureyev and Mikhail Gangan, two organizers of the Samara March of
Dissenters, were arrested; Gureyev was sentenced to six months'
imprisonment and Gangan was sentenced to house arrest. Journalists and
human rights activists were also detained. Other Russia representatives
and accompanying journalists were also prevented from traveling to
Samara to cover the event.
In May 2007, police took Other Russia organizer Dmitriy Treshchanin
to a draft commission, where he was found eligible for military service
and ordered to report for duty later in the month.
Red Youth Vanguard leader Sergey Udaltsov was detained at
Sheremetyevo Airport in June 2007 on his way to St. Petersburg.
In April 2007, Lev Ponomarev, head of the Movement For Human
Rights, his wife, and three young representatives of youth
organizations were arrested while walking along the street downtown
Moscow and delivered to the Krasnoselskoye interior affairs department.
In August 2007, the militia dispersed a protest in support of a
hunger strike by the group Mothers of Dagestan, who worked on behalf of
families of persons who have disappeared in the conflict in the North
Caucasus.
In August 2007, the Popular Democratic Union, led by former prime
minister Mikhail Kasyanov, was refused use of a hotel in Yekaterinburg
for their conference. The hotel claimed it did not provide
accommodation for political events. However, in 2006 United Russia held
its conference in the same venue.
In August 2007, following a demonstration at the United Russia
offices in St. Petersburg, police arrested 10 protesters, injuring
three of them, including United Civil Front leader Olga Kurnosova.
In October 2007, an international conference in honor of Anna
Politkovskaya in Nizhniy Novgorod was cancelled after authorities
raided the offices and seized the computers of the organizers, the Fund
to Promote Tolerance. Participants found their hotel reservations
cancelled, and the bank holding the funds to pay for the conference
refused to transfer the funds to the organizers.
In November 2007, authorities forcefully intervened to break up or
prevent opposition protests in a number of cities, including Moscow,
St. Petersburg, Nizhniy Novgorod, and Nazran. Authorities detained
opposition leaders, including Yabloko youth leader Ilya Yashin, Union
of Right Forces Duma candidates Boris Nemtsov and Nikita Belykh, as
well as human rights activists. Following an attempt to lead a march to
the Central Election Commission, police arrested Other Russia leader
Garry Kasparov. He was sentenced to five days in jail during an
abbreviated hearing, in which he had only last-minute access to his
lawyer and was not provided the opportunity to present witnesses. In
Ingushetiya two protests over human rights abuses by authorities were
reportedly broken up. Authorities reportedly fired upon a crowd of
demonstrators in Nazran.
In 2006, the Government restricted freedom of assembly in many
instances, with disproportionate actions and representation by police,
FSB, and special forces. For example, police detained hundreds of
opposition activists ahead of and during a Dissenters' March in Moscow;
police in Ingushetiya arrested rights activists and violently broke up
a rally in memory of murdered reporter Anna Politkovskaya; and during
the G-8 Summit in St. Petersburg, human rights activists claimed 577
alleged incidents of illegal action by law enforcement officials
against protesters, including short-term detentions on dubious charges
such as ``verbal abuse'' and preventing protesters from traveling by
bus or train to protest sites.
In 2006, authorities prevented participants from attending an Other
Russia conference in Moscow through threats or detentions and removing
them from trains or aircraft en route to the city. Tactics reportedly
included summoning attendees to police departments, coercing from them
written promises to stay at home, and threatening them with detention
on administrative charges. Some participants were reportedly attacked
before the conference.
Freedom of Association.--The law provides for freedom of
association, and the Government generally respected this right;
however, there were notable exceptions. Public organizations must
register their bylaws and the names of their leaders with the Ministry
of Justice. Several organizations were forced to suspend programmatic
activities while registration was pending.
The law requires that political parties have 50,000 members
nationwide and at least 500 representatives in each of half of the
country's regions with no fewer than 250 members in each of the
remaining regions to be registered.
The finances of registered organizations are subject to
investigation by the tax authorities, and foreign grants must be
registered. A decree from the prime minister in June removed tax-exempt
status from the majority of NGOs, including international NGOs, and
imposed a potentially onerous annual registration process for those
which met the proposed requirements. Many NGOs interpreted the decree
as a further step to restrict NGO funding. Authorities subjected some
NGOs to lengthy investigations of their finances or delayed the
registration of their foreign financed programs. Some NGOs said that
these actions were intended to restrict their activities. For smaller
NGOs without the organizational capacity to respond to tax
investigations, such investigations had a more crippling effect on
operations. In several cases authorities seemed to selectively apply
these tax requirements to threaten organizations with possible closure.
On July 25, human rights defender Zurab Tsechoev, working for the
human rights organization MASHR (peace) in Ingushetiya, was taken away
from his home in Troitskaia by armed men in federal law enforcement
vehicles. A few hours later he was found on a roadside near Magas, the
capital of Ingushetiya, with serious injuries requiring
hospitalization. At year's end, no investigation had been opened.
In December, the newly formed Solidarity movement, composed of a
number of liberal groups, held its founding conference in the Moscow
suburb of Khimki. The groups attempted to found the organization months
earlier in Moscow, but authorities repeatedly thwarted their attempts
to find a venue, citing a myriad of pretexts. Venue owners also
expressed fear of allowing their premises to be used. The December
meeting, however, took place without incident.
On December 15, new charges of assault were reportedly launched
against Maksim Reznik, who had been detained in March. Following the
Dissenters' March on December 14, an unknown individual poured a bucket
of mud onto Reznik. Reznik and his supporters then detained and
delivered the attacker to the police. A few hours later, the police
summoned Reznik to the police station and informed him that instead he
might be charged with assault based on a complaint filed by the
individual who had attacked him. There were no additional developments
at year's end.
In July 2007, the St. Petersburg branch of the FRS sent the results
of its investigation to three NGOs that had legally accepted foreign
funding to promote human rights, democracy, protection of the
environment, and immigrant rights and began liquidation proceedings
against them. The FRS later rescinded proceedings against two of them,
St. Petersburg Bellona and Citizens Watch, but continued against the
Center for Educational and Research Programs (CERP), which it accused
of tax evasion and interfering with Russian government agencies. The
center advised other NGOs in the northwest part of the country how to
comply with the 2006 amendments to the NGO law. On February 14, a court
ruled to close the center, and the order was carried out. CERP filed a
complaint with the ECHR, but it had not yet been heard at year's end.
The CERP director later founded a new NGO specializing in legal
assistance to NGOs.
The 2006 NGO law introduced strict oversight of NGOs by the FRS,
now a part of the Ministry of Justice. The law imposed stringent
registration requirements for NGOs, particularly the branch offices of
foreign NGOs; strict monitoring of organizations; extensive reporting
requirements on programming and activities; and some limitations on the
participation of foreign citizens. The law enabled more intrusive means
for the Government to scrutinize all forms of NGOs and granted the FRS
discretion to deny registration or shut down an organization based on
vague and subjective criteria. All NGOs who attempted to reregister
their organizations were ultimately successful. On March 19, the FRS
informed 43 international organizations that they would need to
reregister under a more burdensome requirement. Beginning October 1,
the FRS, formed in response to the 2006 law, shifted back to the
Ministry of Justice. In the transition period, this shift reportedly
created confusion and difficulty for some NGOs, particularly in some
regions, as they attempted to fulfill registration requirements.
In May 2007, the Tula office of the Popular Democratic Union, the
movement lead by former prime minister Mikhail Kasyanov, was subjected
to a financial inspection by law enforcement. Officials arrived at the
office, interrupting a meeting of 70 participants, 20 of whom were
arrested.
The Government at times applied restrictions in a discriminatory
manner. For example, in June 2007 the Government used a personal
administrative violation by the director of Educated Media Foundation
(EMF), also known as Internews Russia, an NGO promoting professional
and independent media, as a pretext to seize the computers and
financial records of the organization. The EMF director, Manana
Aslamazyan, was charged with an administrative violation when she
failed to properly declare the currency she brought into the country.
Authorities subsequently elected to charge her with a criminal offense.
Human rights advocates argued that the case against Aslamazyan was
politically motivated and that the infraction would normally be treated
as an administrative, not criminal, violation. Internews was forced to
curtail its activities, and in November 2007, a court approved
Internews' request to close the NGO by March. In May the Constitutional
Court ruled that the smuggling charges against her were
unconstitutional.
In 2006, the Government amended the law ``On Countering
Extremism,'' increasing concerns among many that the amendments may
restrict freedom of association and legitimate criticism of the
Government. In July 2007, and again in October, the Government enacted
additional amendments that expanded the definition of extremism.
Critics feared that even the threat of application of the law could
have a chilling effect on NGOs and associations. In October, the
Government amended the law on extremism to make it easier to bring
cases against an organization.
Some senior officials made critical statements during 2007 that
contributed to, and reflected, increased suspicion of NGO activity. In
February 2007 in Munich, then president Putin stated that Russia
considers NGOs that receive financing from other governments to be
instruments of foreign influence. In November 2007, then president
Putin called those who receive funding from foreign embassies
``jackals'' who want to divide and disorient the country.
In 2006, the Russian Federal Tax Service filed a tax claim against
the Center for International Legal Defense, an NGO headed by one of
former Yukos CEO Mikhail Khodorkovskiy's lawyers, after it was audited
by tax inspectors. During the year, the center continued to be targeted
for harassment, including irregular administrative inspections.
The Supreme Court considered Hizb ut-Tahrir a terrorist
organization, and 46 persons were convicted of being members, including
11 convicted during 2007. Of these, 29 were serving prison sentences
ranging from 11 months to four-and-a-half years.
A number of political parties have had their registration revoked
or denied since 2006, including the National Bolshevik Party, the
Republican Party, the political party Great Russia, and the Popular
Democratic Union, former premier Mikhail Kasyanov's political movement.
Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice. Although the constitution provides for the equality of all
religions before the law and the separation of church and state, the
Government did not always respect these provisions in practice.
Conditions improved for some minority religious groups while remaining
largely the same for most, and government policy continued to
contribute to the generally free practice of religion for most of the
population.
Religious groups do not need to register with the Government in
order for members to practice their faith, but the law requires all
religious groups that want legal status (needed in order to open bank
accounts, purchase property, or enter into contracts) to register with
the Government. The law prevents religious groups who have existed in
the country for fewer than 15 years from registering as legal
organizations. According to the FRS, 21,963 religious organizations had
registered with the Government as of January, an increase of 443 from
2006. Local courts largely upheld the right of nontraditional groups to
register or reregister, but a few religious groups continued to contest
denials of registration in the courts. In some cases, government
officials refused to comply with court orders to register certain
groups such as the Salvation Army in Moscow. According to Vice Chairman
of the Commission for Religious Associations Andrei Sebentsov,
approximately 800 religious organizations were dissolved in 2007. In
October, the Government circulated a list containing approximately 20
religious organizations slated for possible liquidation, but there were
no further developments at year's end.
The country does not have an official state religion, and the law
recognizes Russian Orthodoxy, Islam, Judaism, and Buddhism as
``traditional.'' The Russian Orthodox Church is the dominant faith in
the country, and while no faith holds legal privileges or advantages,
in practice the Russian Orthodox Church maintained a preeminent status
and a number of formal and informal agreements with government
ministries on matters such as guidelines for personal education,
religious training for military personnel, and law enforcement and
customs decisions. These agreements give the Russian Orthodox Church
far greater access than other religious groups to public institutions,
such as schools, hospitals, prisons, and the military. The onset of the
economic crisis late in the year led the Orthodox Church and Orthodox
social groups to seek aid from the Government.
Some human rights groups and religious minority groups criticized
the procurator general for encouraging legal action against some
minority religions and of giving official support to materials that
were biased against Muslims, Jehovah's Witnesses, the Church of Jesus
Christ of Latter-day Saints (the LDS Church), and others. There were
credible reports that individuals within the federal security services
and other law enforcement agencies harassed minority religious groups,
investigated them for purported criminal activity and violations of tax
laws, and pressured landlords to renege on contracts.
The Ministry of Justice, which absorbed the duties of the abolished
FRS and other federal and local authorities, continued to restrict the
rights of a few religious minority groups. Legal obstacles to
registration under the Law on Religions disadvantaged some religious
groups considered ``nontraditional.'' The 2006 NGO law contained
provisions that applied to registered religious organizations. That law
permits government inspections of religious organizations and
attendance at some public events with advance notice. Registered
religious organizations must provide annual financial reports and other
documents upon request to the Ministry of Justice and report within
three days any changes in the organizational leadership or address.
However, according to Forum 18, Ministry of Justice officials could not
explain which government agencies, other than the tax inspectorate, had
the right to initiate the closure of religious organizations.
Some regional officials used contradictions between federal and
local laws and varying interpretations of the law to restrict the
activities of religious minorities. According to many observers, local
governments were more susceptible to pressure from the local religious
majority and therefore were more likely to discriminate against local
minority religious communities. However, there were only isolated
instances in which local officials detained individuals engaged in
public discussion of their religious views, and these incidents were
usually resolved quickly.
The human rights ombudsman received 20 complaints from different
churches and religious organizations throughout the country in 2007.
There were also a substantial number of complaints of religiously
motivated violence.
On June 10, the Supreme Court ruled that the March 24 decision of a
Smolensk regional court to dissolve a local Methodist church was
unlawful, because it had run a Sunday school without obtaining an
educational license, but the Supreme Court ultimately ruled that the
church did not need this license.
The federal government banned only one religious organization, Hizb
ut-Tahrir, which it designated as a terrorist organization. There were
indications that the security services, including the FSB, treated the
leadership of some other Islamic groups as security threats. The
republics of Dagestan and Kabardino-Balkaria have laws banning
extremist Islamic Wahhabism, but there were no reports that authorities
invoked these laws to deny registration to Muslim groups.
Some observers said that police harassment, detention, and torture
of Muslim clerics and alleged militants in the Kabardino-Balkaria
Republic increased after a 2005 rebel attack on the Nalchik police
headquarters. In contrast with the period following the 2004 hostage-
taking in Beslan, when authorities increased the number of criminal
``extremism'' cases against Russian and foreign Muslims, during the
year such cases were specific and isolated.
In May, police opened a criminal case against Aslambek Ezhayev, the
Moscow-based publisher of ``The Personality of a Muslim'' by Arab
theologian Muhammad Ali Al-Hashimi Ezhayev, for incitement to religious
hatred. In December 2007 the publication had been placed on the list of
banned extremist literature. On October 8, Forum 18 News Service
reported that the economic crimes police searched the publishing
department offices at Moscow's Islamic University for six hours and
seized computers and books. The police determined that the accounts
were in order but passed the materials to the Prosecutor's Office for
the criminal case.
The law recognizes three categories of religious communities
(groups, local organizations, and centralized organizations) with
different levels of legal status and privileges. The Church of
Scientology had faced the greatest difficulties in registering branches
as religious organizations. The law requires religious groups to have
had at least a 15-year presence in the country before becoming eligible
to register as a legal organization.
The Church of Scientology challenged this provision of the law at
the ECHR; the case was ongoing at year's end. A 1997 Supreme Court
ruling grandfathered religious organizations that had registered before
the 1997 law took effect, but the Church of Scientology had only one
local organization (in Moscow) that was legally entitled to reregister.
In 2007, the ECHR ruled that Moscow authorities violated the religious
freedom rights of the Church of Scientology by refusing to reregister
that Moscow branch. The Government appealed the decision.
There continued to be some restrictions on establishing, building,
or maintaining places of worship and training sufficient clergy to
serve believers. For example, Jehovah's Witnesses have had difficulty
getting permits to build assembly halls in some regions. In Zlatoust,
Chelyabinsk Oblast, local authorities first provided the Jehovah's
Witnesses with a plot of land to build a Kingdom Hall, and in April
they began holding meetings there. However, in September, following
complaints from local residents, the authorities opened a case against
the Jehovah's Witnesses for alleged violations of fire regulations
posed by a neighbor's garage. The Jehovah's Witnesses received a
warning, paid a fine, and applied to have the garage removed. At year's
end the Jehovah's Witnesses had not been allowed to use the facilities.
On July 16, the FSB searched a meeting place for Jehovah's
Witnesses in Yekaterinburg and detained 18 members. The raid and
detentions were in connection with the criminal investigation
instigated by the Asbest City Prosecutor's Office in June relating to
the alleged distribution of extremist literature by Jehovah's Witnesses
in Asbest. Several boxes of religious literature were confiscated as
``evidence'' in the pending court case. There were no further
developments at year's end.
Various minority religious organizations encountered similar
difficulties in obtaining or renovating property. The mayor's office in
Krasnodar continued to deny the Muslim community's request to build a
mosque in the city of Sochi.
During the year two Baptist congregations in the regional center of
Lipetsk lost their legal status, and a third lost its rented prayer
house. In the first two instances, authorities removed their status for
alleged tax violations. In the case of the prayer house, the Orthodox
diocese of Lipetsk filed a suit for control of the building, and local
authorities offered a building in need of substantial repair as
compensation.
Some local and municipal governments prevented minority religious
groups from obtaining venues for large gatherings and from acquiring
property for religious uses.
There are no restrictions on individual worship in public or
private.
Regional and local authorities as well as businessmen on a number
of occasions refused to lease facilities to local Jehovah's Witnesses
communities. According to Forum 18, at least nine Jehovah's Witnesses
congresses were prevented from being held by the authorities during the
year; 30 others have taken place but with some disruptions.
There are no legal prohibitions on missionary activities. There was
societal pressure against proselytizing by non-Orthodox faiths, and
some groups reported that missionaries had been harassed or attacked
when proselytizing.
Authorities either deported or denied entry to several religious
workers with valid visas. Some religious personnel experienced visa
difficulties while entering or leaving the country. Laws in three
regions-Belgorod, Kursk, and Smolensk-forbid foreign visitors from
engaging in missionary activity or preaching unless specifically
authorized by their visas. According to local religious officials, the
laws were not enforced.
In November 2007, Chechen President Ramzan Kadyrov called for all
women in the republic to cover their heads with scarves. While
officially this is nonbinding, several government institutions in
Groznyy reportedly posted signs forbidding women without headscarves
from entering, and guards were enforcing the rule. Two universities in
Chechnya reportedly prohibited women with uncovered heads from
attending classes.
Since September 2006, schools in four of the country's 85 regions
required the teaching of a controversial Foundations of Orthodox
Culture course; in many other regions, the course was taught as an
elective.
Restitution of religious property seized by the Communist regime
remained a problem, particularly for Muslim and Protestant groups. Many
properties used for religious services, including churches, synagogues,
and mosques have been returned, and other restitution cases continued.
The Russian Orthodox Church had greater success reclaiming
prerevolutionary property than other groups, although it still had
disputed property claims. During the year the Russian Orthodox Church
continued to try to reclaim a mansion on Moscow's Red Square that it
alleges was expropriated in 1917, but the Government has not enforced
court rulings in the church's favor. In 2006, Muslims in Beslan
appealed to the Presidential Council for Cooperation with Religious
Associations to return the historic Cathedral Mosque to the Muslim
community, which was occupied by a vodka bottling plant and a bottle
washing shop. The Jewish community was seeking the return of a number
of synagogues, religious scrolls, and cultural and religious artifacts,
such as the Schneerson book collection, a revered collection of the
Chabad Lubavitch, which the authorities claimed as part of the
country's cultural heritage. The Roman Catholic Church reported 44
disputed properties, including the Saints Peter and Paul Cathedral in
Moscow.
The authorities permitted Orthodox chapels and priests on army
bases and also gave Protestant groups limited access to military
facilities. Authorities largely banned Islamic services in the military
and generally did not give Muslim conscripts time for daily prayers or
alternatives to pork-based meals. Some Muslim recruits serving in the
army reported that their fellow servicemen insulted and abused them on
the basis of their religion. In December 2007, the military appointed
the first Jewish chaplain since 1917.
Societal Abuses and Discrimination.--There were reports of societal
abuses and discrimination based on religious belief or practice.
Religious matters were not a source of social tension or problems for
the large majority of citizens, but there were some problems between
majority and minority groups, including incidents of harassment and
violence.
Prejudices against non-Orthodox religions were behind
manifestations of anti-Semitism and occasional friction with non
Orthodox Christian denominations. Because xenophobia, racism, and
religious bigotry were often intertwined, it was sometimes difficult to
determine which prejudice was the primary motivation behind
discrimination against members of religious groups. Conservative
activists claiming ties to the Russian Orthodox Church occasionally
disseminated negative publications and held protest meetings against
religions considered nontraditional, including alternative Orthodox
congregations. Some Russian Orthodox clergy publicly stated their
opposition to any expansion of the presence of Roman Catholic,
Protestant, and other non-Orthodox denominations.
Popular attitudes toward traditionally Muslim ethnic groups
remained negative in many regions, and there were manifestations of
anti-Semitism as well as societal hostility toward adherents of more
recently established religions, such as the LDS Church, Jehovah's
Witnesses, and Scientology. Ethnic tensions ran high in the
predominantly Muslim Northern Caucasus, and there were problems in some
cities outside that region. Government officials and journalists often
labeled Muslim organizations ``Wahhabi,'' a term associated with
extremism. The republics of Dagestan and Kabardino-Balkaria formally
prohibited Wahhabism.
Unlike the previous year, there were no recorded cases of acts of
vandalism against Muslim communities; in 2007, there were a number of
reports of mosques, Muslim community centers, and cemeteries being
vandalized.
Reports of the harassment of evangelicals and Pentecostals
reportedly decreased during the year. In March, Forum 18 announced that
a Smolensk region Methodist Church was dissolved for not having an
education license for its Sunday school; however, in June the Russian
Supreme Court ruled that the church did not need this license. African
Russian and African ministers of non Orthodox Christian churches
experienced prejudicial treatment, based apparently on a combination of
religious and racial bigotry.
According to the Moscow Bureau of Human Rights (MBHR), during the
year there were six reported cases of vandalism against Orthodox
Christian churches and nine cases of vandalism against non-Orthodox
churches, which was comparable to the level in 2007.
An estimated 250,000 Jews lived in the country, comprising less
than 0.25 percent of the population, according to government sources
and Jewish groups in Russia, Israel, and the United States. Some
researchers suspected that the number was underreported due to the
reticence of some Jews to publicly identify their religious or ethnic
background. The Jewish population declined over the past two decades
through large-scale emigration, but recent years have seen an overall
influx of Jews as some emigrants have returned from Israel and other
countries.
During the year, as in 2007, there was a decrease in racially
motivated violent attacks against Jews. In September, Chief Rabbi of
Russia Berel Lazar said that anti-Semitism had declined slightly,
citing the following factors: a Jewish community center that opened in
Moscow last year; 200 officially registered Jewish communities,
including 94 Jewish Sunday schools and five Jewish higher education
institutions; and the inclusion of rabbis among those who provide
spiritual guidance to military conscripts.
In June 2007, in Ivanovo, skinheads shouting anti-Semitic slogans
attacked two Jewish men. On March 3, the Ivanovo Leninsky Regional
Court found one of the attackers, Sergey Novikov, guilty of a hate
crime and sentenced him to four years in prison.
In 2006, a Moscow court sentenced Aleksandr Koptsev to 16 years in
prison for attempted murder and inciting racial hatred after he
attacked worshipers in a Moscow synagogue with a knife, wounding nine.
An appeals court extended the original sentence of 13 years after
finding that the trial court had failed to consider the ethnic hatred
motive of the crime. A student attempted a copycat attack on a
synagogue in Rostov-on-Don in 2006, but security guards stopped him
before he could harm anyone. An appeals court overturned his attempted
murder conviction on the basis that he was mentally unfit to stand
trial and ordered him to undergo psychiatric treatment.
Skinheads and ultranationalists, usually acting in gangs, attacked
persons in the country during the year. However, their main targets
were foreigners and persons from the Caucasus or Central Asian ethnic
groups.
There continued to be reports across the country of vandals
desecrating Jewish synagogues and cemeteries and defacing Jewish
religious and cultural facilities, sometimes combined with threats to
the Jewish community. Anti-Semitic graffiti and leaflets appeared
frequently in many regions. Anti-Semitism on television or in other
mainstream media was infrequent and was more likely to appear in low-
circulation newspapers or in pamphlets. Anti-Semitic materials on
Russian-language Internet sites have increased. There was no evidence
of state-sponsored anti-Semitism.
The MBHR reported that seven synagogues and community centers were
vandalized during the year. The SOVA anti-extremism center also
reported grave desecrations in Jewish cemeteries in Nizhny Novgorod,
Makhakchala, and Kaliningrad. Officials often classified these crimes
as ``hooliganism.'' In many cases where local authorities prosecuted
cases, courts imposed suspended sentences. In some cases, however, the
hate crime motive was taken into consideration.
In August, vandals damaged 21 Jewish graves in the Krasnaya Etna
cemetery in Nizhny Novgorod and 80 gravestones in two cemeteries in
Makhachkala.
On June 18, Oleg Polonsky was asked to disclose his religious
orientation by two young men; when he responded that he was Jewish, he
was beaten by the men and required hospitalization.
In 2006, there were many similar reports of Jewish religious
centers, community centers, and cemeteries being vandalized throughout
the country.
There were many reports of anti-Semitic publications during the
year. A number of small, radical-nationalist newspapers that print
anti-Semitic, anti-Muslim, and xenophobic articles, many of which
appeared to violate the law against extremism, were readily available
throughout the country. There were also reports of anti-Semitic
literature on sale in cities across the country. The estimated number
of xenophobic publications exceeded 100, many sponsored by the local
chapters of the National Power Party. In addition, there were at least
80 Web sites in the country with anti-Semitic content.
In contrast with previous years, there were no notable anti-Semitic
statements by government officials during the year. Anti-Semitic
statements were legally prosecuted, and the Government publicly
criticized nationalist ideology and expressed support for legal action
against anti-Semitic acts.
The Euro-Asian Congress noted that in 2006 prosecutors recorded the
highest number of attempts to prosecute purveyors of anti-Semitic
propaganda. While the Government publicly criticized nationalist
ideology and supported legal action against anti-Semitic acts, the
reluctance of some lower-level officials to call such acts anything
other than ``hooliganism'' remained an impediment.
The support of federal authorities, and in many cases regional and
local authorities, facilitated the establishment of new Jewish
institutions. In 2007, and during the year former president Putin
publicly criticized anti-Semitism and supported the establishment of
the Museum of Tolerance being planned by the Federation of Jewish
Communities of Russia. In June 2007, Arkadiy Gaydamak, president of the
Congress of Jewish Religious Organizations and Associations of Russia,
and Chief Rabbi of Russia Adolph Shayevich signed a contract regarding
the construction of a Moscow Jewish community center. Work began on the
2.7 billion rubles ($100 million) complex on land donated by the Moscow
city government to house Jewish community institutions, including a
school, a hospital, and a major new museum devoted to the history of
the country's Jews, the Holocaust, and tolerance.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement Within the Country, Internally Displaced
Persons, Protection of Refugees, Stateless Persons.--The law provides
for these rights; however, the Government placed restrictions on
freedom of movement within the country and on migration. The Government
cooperated with the UNHCR and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
All adults must carry government-issued internal passports while
traveling internally and must register with the local authorities
within a specified time of their arrival at a new location. Authorities
often refused to provide governmental services to individuals without
internal passports or proper registration. The official grace period
for registration given to an individual arriving in a new location is
90 days; however, darker-skinned persons from the Caucasus or Central
Asia were often singled out for document checks. There were credible
reports that police arbitrarily imposed fines on unregistered persons
in excess of legal requirements or demanded bribes from them.
Although the law gives citizens the right to choose their place of
residence freely, many regional governments continued to restrict this
right through residential registration rules that closely resembled
Soviet-era regulations. Citizens moving permanently must register to
reside, work, or obtain government services and benefits or education
for their children in a specific area within seven days of moving
there; those who are temporarily residing in a new place may stay for
only 90 days before they must register. Citizens changing residence
within the country and migrants, as well as persons with a legal claim
to citizenship who decide to move to the country from other former
Soviet republics, often faced great difficulties or simply were not
permitted to register in some cities. Corruption in the registration
process in local police precincts remained a problem. There were
frequent reports of police demanding bribes when processing
registration applications and during spot checks for registration
documentation.
Georgian diaspora groups in Russia reported no major campaign
against their communities in response to the August conflict over the
breakaway regions of South Ossetia and Abkhazia. An anti-Georgia
campaign following the 2006 diplomatic row between Russia and Georgia
resulted in the deportation of approximately 4,000 ethnic Georgians,
three of whom died in detention.
International agreements permit persons with outstanding warrants
from other former Soviet states to be detained for periods of up to one
month while the prosecutor general investigates the nature of those
warrants. This system was enforced among senior law enforcement
officials in many of the republics of the former Soviet Union. Human
rights groups continued to allege that this was employed to detain
opposition members from the other Soviet republics without legal
grounds.
In November, the ECHR ruled that Abdullazhon Isakov could not be
sent back to Uzbekistan despite an extradition request there. Russian
authorities had denied Isakov's claim to Russian citizenship, but he
disputed the decision with the help of lawyers from Memorial. The
appeal remained with the court at year's end.
On December 15, the ECHR ruled in favor of the ``Ivanovo Uzbeks,''
a group of 13 ethnic Uzbeks who fled from Uzbekistan in 2005 after
their arrest in connection with violent unrest in Andijan in May 2005.
After their arrival in the country, authorities arrested them at the
request of Uzbek law enforcement. The Uzbeks denied any connection with
the Andijan events and applied for asylum based on credible fear of
persecution if they returned to Uzbekistan. The authorities rejected
their applications for refugee status and ordered their extradition to
Uzbekistan. The Ivanovo Uzbeks spent the following two years in
detention; they won release in March 2007 but continued to reside in
Ivanovo, as Russia refused to grant them exit permission to move to
Sweden, which, based on UNHCR referrals, had offered them refugee
status. According to refugee workers, the Uzbeks lived under unusually
difficult social and economic conditions during their time in Ivanovo.
In the December 15 ruling, the ECHR ordered authorities to allow the
Ivanovo Uzbeks to go to Sweden and also ordered the Government to pay
each man 15,000 euros ($19,191) in restitution. The Government had not
complied at year's end.
The law provides for freedom to travel abroad and citizens
generally did so without restriction; however, there were exceptions.
Citizens with access to classified material needed to obtain police and
FSB clearances to receive an external passport.
The law prohibits forced exile, and the Government did not employ
it. The law provides all citizens with the right to emigrate, and this
right was generally respected.
Internally Displaced Persons (IDPs).--At year's end, 11,671 IDPs
from Chechnya were in temporary settlements or in housing in the
private sector in Ingushetiya; 3,765 Chechens were in Dagestan, and an
estimated 54,606 Chechens were living as IDPs within Chechnya itself.
During the year officials continued to stand by their position that
they would not pressure or compel IDPs to return to Chechnya. However,
the UNHCR reported that government officials stated their intention to
deregister those IDPs who had received compensation from federal
assistance lists and indicated that 52 families were deregistered in
2005. Those who were deregistered faced the threat of eviction from
their accommodations in temporary settlements, despite their
willingness to pay for the accommodation. Although some of the
inhabitants chose to remain in Ingushetiya, the UNHCR estimated that 70
to 75 percent chose to return to Chechnya despite the inadequacy of
temporary lodging. For example, in August 2007 the Government of
Chechnya submitted to the UNHCR a list of 169 IDP families, largely
from Ingushetiya, willing to return to Chechnya. The UNHCR reported
that 1,141 IDPs returned to Chechnya from Ingushetiya in 2007. During
the year the number of Chechen residents at temporary accommodation
centers and temporary shelters decreased from 6,240 to 4,571.
During the year the Government continued to deny UNHCR requests to
set up an office in Groznyy to ensure that those returning were
provided international standards of safety and dignity. Repatriated
Chechens remained vulnerable to being viewed by the local population as
possible militants or as wealthy because they were able to afford
traveling abroad. Such perceptions placed them in danger of harassment
and of kidnapping for ransom.
The UNHCR reported that, despite passport checks and occasional
security sweeps that continued in IDP settlements, IDPs were generally
able to remain in Ingushetiya without any pressure to return. However,
other international and domestic organizations expressed concerns
during the year over the Government's treatment of Chechen IDPs in
Ingushetiya. IDPs were frequently denied status as ``forced migrants''
under Russian law, which severely limited their access to social
benefits and protection. Others living in regions outside Chechnya were
often denied residential registration by local authorities, in what the
council characterized as discriminatory practices against Chechens.
Protection of Refugees.--The law provides for granting of asylum or
refugee status in accordance with the 1951 UN Convention relating to
the Status of Refugees and its 1967 protocol, but the Government has
not established a system for providing protection to refugees. In
practice the Government sometimes provided protection against the
expulsion or return or persons to countries where their lives or
freedom would be threatened; however, asylum seekers were often denied
access at border points to apply for asylum and the Government rarely
granted asylum. Any decision of a migration service could be appealed
to a higher-ranking authority or to a court. During the appeal process,
the person received the rights of a person whose application for
refugee status was being considered. If a person did not satisfy the
criteria for refugee status but could not be expelled or deported for
humanitarian reasons, he could be granted temporary asylum. Individuals
who sought entry into the country without proper documentation and who
sought to claim asylum were often denied access to the Federal
Migration Service by border guards and Aeroflot airlines and often
returned to their countries of origin, including in some cases to
countries where a well founded fear of persecution could be
demonstrated. The UNHCR and NGOs stated that many asylum seekers at
times faced detention, deportation, fines by police, and racially
motivated assaults, which sometimes led to the loss of life. Persons
who did not satisfy the criteria for refugee status, but could not be
deported for humanitarian reasons, could be granted temporary asylum.
The UNHCR and the International Organization for Migration (IOM)
assisted the Government in trying to develop a more humane migration
management system. The Government acted more expeditiously and with
greater leniency in cases involving applicants who had been citizens of
countries that were formerly Soviet republics than those from other
countries. Officials continued to demonstrate widespread ignorance of
refugee law.
In January, the UNHCR ceased providing refugee status
determinations (RSD) in parallel with the Government, deeming the
practice no longer necessary. The Government committed to, and in the
UNHCR's judgment provided, unimpeded access to its RSD process to
applicants, regardless of national origin. The Government agreed to
reconsider the UNHCR mandate refugees to whom it had previously denied
asylum, provided the UNHCR prepared updated dossiers on each
individual. The UNHCR continued to provide counseling services to
support the Government's RSD.
In April, Jong Koun Tchona, a North Korean seeking asylum in
Russia, was accepted by and resettled to South Korea, with the
understanding that his Russian wife and children would later join him
there. Tchona had disappeared in November 2007 after being called to a
Federal Migration Service office in Moscow. He later escaped from a
detention facility in Khabarovsk, from which he understood he was to be
forcibly repatriated to North Korea. The intervention of NGO Civic
Assistance, the UNHCR, and the human rights ombudsman prevented Jong's
deportation.
In 2006, Bakhrom Dadazhenov was accused of associating with an
extremist group in a high-profile case in Arzamas, Nizhniy Novgorod
region. The court proceedings were reportedly based on fabricated
evidence. The intervention of NGO Civic Assistance prevented the
Dadazhenov family's deportation, and in April 2007 he and his family
were resettled to Sweden.
The UNHCR and NGOs reported that undocumented asylum seekers
continued to face problems with law enforcement bodies over their
status in the country. The Government does not issue documents to
asylum seekers who are awaiting review of their requests for asylum.
They remained vulnerable to fines and detention, and were denied access
to government assistance.
At Moscow's international airports, authorities regularly deported
improperly documented passengers before they were able to file asylum
claims with the Federal Migration Service, including persons who
demonstrated a well-founded fear of persecution in their countries of
origin. Airlines were fined if an undocumented passenger was admitted
to the country but not if the passenger was returned to the country of
origin. Most cases involved labor migrants entering or leaving the
country, but a few cases involved asylum seekers. For those allowed to
stay to pursue their claims, the law on refugees provided for the right
to be lodged in temporary accommodation centers; however, there were
only three shelters nationwide, and they were located outside the major
cities where asylum seekers were concentrated. Reception facilities at
border crossing points were also inadequate, with harsh conditions for
asylum seekers accommodated there.
While federal law provides for education for all children, regional
authorities occasionally denied access to schools to children of asylum
seekers if they lacked residential registration. According to IOM,
during the year all children of asylum-seekers (even without civil
registration) were entitled to attend school and had free access.
Authorities consistently cooperated with IOM if it alerted them to
cases where children faced problems being accepted by their respective
school. Authorities frequently denied migrants the right to work if
they did not have residential registration. Refugees also cannot work
legally if they are not registered and cannot obtain registration if
they are not officially accepted as refugees by the Government.
International agreements permit persons with outstanding warrants
from other former Soviet states to be detained for periods of up to one
month while the prosecutor general investigates the nature of those
warrants. This system was reinforced by means of informal links among
senior law enforcement and security officials in many of the republics
of the former Soviet Union. Human rights groups continued to allege
that this network was employed to detain opposition figures from the
other former Soviet republics without legal grounds.
In December 2007, Russian officials administratively expelled
Tyumen resident Abdujani Kamaliyev, an Uzbek married to a Russian
citizen, to Uzbekistan even though a domestic court had ruled against
his extradition in 2006. This was in direct violation of a December
2007 ECHR ruling stating that he may be subjected to torture if
returned to Uzbekistan.
In August 2007, a Moscow District Court ordered the extradition of
another Uzbek, Yashin Dzhurayev, who claimed that he had been
persecuted for religious reasons in Uzbekistan. However, Russian
authorities did not fulfill the extradition request, and the decision
on expulsion was later cancelled by the court as well. On December 10,
Dzhurayev's application for resettlement to a foreign country was
accepted, and he was awaiting this resettlement at year's end.
The law exempts the estimated 1.5 million former Soviet citizens
residing in the country without benefit of citizenship from having to
meet most requirements for naturalization. In 2006 a new law extended
the deadline for former Soviet citizens to obtain citizenship until
January 1. In addition, the new law extended the right to seek
citizenship to those who obtained a residence permit in the country
after January 1, 2002, increasing the number of persons potentially
eligible for citizenship.
In Krasnodar Kray, Meskhetian Turks without Russian passports were
denied the right to register, which deprived them of all rights of
citizenship and prevented them from working legally, leasing land, or
selling goods. The Krasnodar Kray law for the definition of illegal
migrant also includes unregistered Russian citizens as well as foreign
citizens and stateless persons. At year's end an estimated 2,000
Meskhetian Turks remained in Krasnodar Kray. With the departure of
11,316 Meskhetian Turks since 2004, facilitated by the Russian
Federation, human rights groups reported a significant decline in
arbitrary fines and harsh treatment used previously by authorities
against the community. However, the Meskhetian Turks who remained in
Krasnodar continued to struggle economically.
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 regularly scheduled national and regional elections,
although their ability to exercise that right has lessened considerably
in recent years by changes in the electoral law, a change from elected
to appointed governors, and increased government control of mass media.
Little competition existed in the system, which was dominated by the
pro-presidential United Russia party. Authorities often blocked the
political opposition from exercising their right to freedom of
assembly.
Elections and Political Participation.--On March 2, the country
held presidential elections in which Dmitriy Medvedev, the candidate of
the ruling United Russia party who was hand-picked by his predecessor,
Vladimir Putin, received 70 percent of the vote. The public and media
showed a lack of interest in the campaign, which lacked genuine
competition and in which Medvedev declined to participate in debates
with the three other candidates. Former premier Mikhail Kasyanov was
refused registration after the Central Election Commission ruled that
many of the two million signatures he had collected were invalid.
Official turnout for the election was reported at approximately 70
percent, with voter turnout in the North Caucasus region approaching
100 percent according to official statistics, which were questioned by
a number of analysts. Observers from the Parliamentary Assembly of the
Council of Europe (PACE) stated that while the election results
reflected the will of the people, ``an election where candidates are
confronted with almost insurmountable difficulties when trying to
register risks not qualifying as free. An election where there is not a
level playing field for all contestants can hardly be considered as
fair.'' The domestic voting rights NGO GOLOS, some of whose members
experienced difficulties gaining access to polling stations, alleged
massive, widespread violations. As in the December 2007, parliamentary
elections, the OSCE's Office for Democratic Institutions and Human
Rights (ODIHR) was again precluded from sending an observation mission
due to delays in issuing visas and restrictions placed on the mission
by the Government. Medvedev was sworn in as the country's third
president on May 7.
There were no new developments regarding the April 2007 ban on the
NBP as an extremist organization. On February 14, NBP member Andrey
Nikitin was arrested for having shown an anti-Putin film while
distributing leaflets accusing Putin of mass crimes and calling for his
resignation. He was placed under house arrest. In October Nikitin
received a one-year suspended sentence under anti-extremism laws, which
the Presnenskiy District Court of Moscow upheld on December 25. Nikitin
appealed the decision, and the case was pending at year's end.
In the December 2007, elections for the State Duma, the United
Russia party received a two-thirds constitutional majority. A total of
four parties exceeded the seven percent threshold for gaining seats in
the Duma. After the Central Election Commission imposed delays and
unprecedented restrictions on the number of international observers,
ODIHR decided it was not able to send an observer mission. A team of
parliamentarians from PACE, the Parliamentary Assembly of the OSCE, and
the Nordic Council observed the elections and concluded they were ``not
fair and failed to meet many OSCE and Council of Europe commitments and
standards for democratic elections.'' The observers noted that the
elections took place in an atmosphere which seriously limited political
competition. Frequent abuses of administrative resources, media
coverage strongly in favor of the United Russia party, and the revised
election code combined to hinder political pluralism.
The OSCE representative on freedom of the media reported numerous
media freedom violations during the elections, including harassment of
media outlets, legislative limitations, and media bias in political
coverage, which prevented equal media access. Although some of its
observers were impeded, GOLOS reported numerous electoral violations
and problems including an ``unprecedented'' number of absentee ballots,
collective voting under pressure, multiple voting by the same voters,
and vote counting violations. GOLOS observers, however, reported good
organization of voting procedures and that secrecy of voting was mostly
observed.
The Communist Party of the Russian Federation later appealed the
results of the December 2007 parliamentary elections, asking the
Supreme Court to annul the results because of electoral fraud. On July
16, the court denied the appeal. On December 25, Vedomosti reported a
decision by the Communist Party's Mordovia branch to file a case with
the ECHR, stating that they were prevented from distributing any
election fliers prior to the 2007 election.
The December 2007, State Duma elections were marked with apparent
fraud in many of the North Caucasus republics and other regions, as the
voter turnout numbers were reported by a several analysts to be
artificially high. Chechnya reported 99.5 percent voter turnout, with
99.5 percent of the votes going to the United Russia party. Ingushetiya
reported 98.3 percent voter turnout, with 98.8 percent of the votes for
United Russia. Kabardino-Balkaria reported 97 percent turnout, with
96.5 percent of the votes for United Russia. In Ingushetiya, with
159,000 registered voters, an opposition organization claimed to have
collected 87,340 signatures from registered voters who said that they
had not voted in the December 2007 elections.
Fifteen regions held legislative elections in March and April 2007.
Many observers claimed that some parties, most often United Russia,
unfairly used administrative resources to sway results. Many observers
viewed the elections as flawed, with numerous irregularities and abuses
during the election process. There were problems in some regions with
unequal access to the media and the use of administrative resources by
incumbents to support their candidacies. The counting of votes in most
locations was professionally done, but there were exceptions, notably
in Dagestan. In several regions opposition political parties, such as
Yabloko and the Union of Right Forces (SPS), were removed from the
ballot after the election commissions cited violations in elections
procedures. In February 2007, the St. Petersburg elections commission
cited a handwriting expert and claimed that hundreds of the 40,000
signatures on Yabloko's registration application were forgeries. The
commission gave Yabloko only two days to refute the charges with signed
affidavits and copies of passports of those signatures that it ruled
invalid. Yabloko did not comply with this request and was removed from
the ballot. The SPS was removed from ballots in Vologda and Pskov.
Laws enacted in 2005 and 2006, particularly those eliminating
direct gubernatorial elections, contributed to the consolidation of the
Government's political power. Further changes to the election law made
in 2006 created a strict party list system, banned electoral blocs,
raised the threshold for party representation in the State Duma to 7
percent of the vote, and eliminated the minimal voter turnout
provision. The changes worked to the advantage of parties already
represented in the State Duma, particularly United Russia, and had the
effect of reducing the number of competitive parties. The electoral law
also prohibited nonpartisan domestic observation of federal elections,
making it difficult for NGOs to observe elections.
The law provides that republic presidents and regional governors be
nominated by the president subject to confirmation by regional
legislatures. If a regional legislature fails to confirm the
president's nominee three times, the legislature may be dissolved. The
president also acquired the power to remove regional leaders in whom he
had lost confidence, including those who were popularly elected. By
year's end no regional legislature has failed to confirm the
president's nominee. The law gives the president significant influence
over the Federation Council, since regional leaders selected by the
president in turn appoint half of its members. Political parties that
win elections to regional parliaments are allowed to propose their own
candidates for head of a region, but this is still subject to the
president's and the regional legislature's approval.
Several other provisions of the election law were amended in 2006:
the option ``against all candidates'' was eliminated from ballots;
early voting was eliminated; a mandatory minimum voter turnout was
eliminated; circumstances under which a candidate may be removed from
the ballot (including for vaguely defined ``extremist'' behavior) were
expanded; and ``negative'' campaigning was prohibited.
The law gives the executive branch and prosecutor general broad
powers to regulate, investigate, and close parties. Other provisions
limit campaign spending, set specific campaign periods, establish
conditions under which candidates can be removed from the ballot, and
provide for restrictions on campaign materials. To register as a
political party, the law requires groups to have at least 50,000
members with at least 500 representatives in half of the country's
regions and no fewer than 250 members in the remaining regions, making
it difficult for smaller parties to register.
Prospective presidential candidates from political parties that are
not represented in the Duma must collect no less than two million
signatures from supporters throughout the country to register to run
for president. Independent candidates also are required to submit
signatures to the Central Election Commission (CEC) to be certified to
run. A candidate is ineligible to run if more than 5 percent of
signatures are found to be invalid by the CEC. Parties that are
represented in the Duma can nominate a presidential candidate without
having to collect and submit signatures.
In March, a Moscow court denied registration to the political party
People for Democracy and Justice led by former prime minister Mikhail
Kasyanov. The court cited errors in 18 percent of the more than 57,000
signatures as grounds for denying registration.
According to the CEC chief Vladimir Churov, three of the 14 parties
that wanted to run in the December 2007 Duma elections were
disqualified due to problems with their registration documents.
Before the March 2007 regional elections, the acting head of the
FRS announced that, of the 35 political parties that applied for
reregistration in accordance with the amended and more demanding law,
only 19 passed the inspection, although two decided to register as
``public associations.'' As a result the 15 parties that did not pass
the inspection had to choose to reregister as public organizations,
movements, or NGOs or were dissolved through court procedures.
In 2006, the Government enacted the law On Countering Extremism,
increasing concerns among many that authorities would apply the law to
restrict election-related activities of political parties, the media,
and NGOs and discourage criticism of the Government. The law was used
in some cases to stifle opposition political parties during the 2007
and 2008 elections, but not for materials of the ruling United Russia
party. For example, authorities used the laws against campaign
materials for the St. Petersburg branch of Yabloko in March and evicted
staff members from their offices.
In April 2007, the FSB began an investigation of Other Russia
member Garry Kasparov for inciting extremism by encouraging radio
listeners to attend an opposition rally in St. Petersburg. In 2006
government agents raided the offices of the political organization
United Civil Front, also headed by Kasparov. The officers had an order
to search the premises on suspicion of ``extremist activity'' and
seized books and material promoting Dissenters' Marches (See Section
2.b.). No charges were ultimately brought, but some viewed the incident
as an example of the Government attempting to use the new law on
extremism to intimidate the opposition. The law was also used by public
figures to intimidate their critics.
In December 2007, 58 women won seats in the 450 member State Duma;
there were nine women in the Federation Council. Three women were
deputy committee chairs. Valentina Matviyenko, governor of St.
Petersburg, was the only woman to lead one of the 85 regions of the
country.
National minorities took an active part in political life; however,
ethnic Russians, who constitute approximately 80 percent of the
population, dominated the political and administrative system,
particularly at the federal level.
Government Corruption and Transparency.--Corruption continues to be
a widespread problem in the country and studies, including the World
Bank's worldwide governance indicators, have found that it increased
during the year. While the law provides criminal penalties for official
corruption, the Government acknowledged that it has not implemented the
law effectively, and officials frequently 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, and extortion. The NGO Information Science for Democracy
(INDEM) reported that other official institutions, such as the higher
education system, health care, the military draft system, and the
municipal apartment distribution system were also corrupt.
President Medvedev designated the fight against corruption and
``legal nihilism'' as priorities. On December 25, he signed into law a
package of anticorruption legislation that defines the term and sets
forth key principles for combating it. The legislation imposes
financial disclosure requirements, restricts post-government employment
at entities with which the official had prior connections, and requires
reporting of actual or possible corrupt activity. Enabling regulations
that identify agencies responsible for enforcing the legislation and
specific mechanisms for complying with it had yet to be drafted at
year's end.
Overall, government initiatives to address the problem, either
through regulation, administrative reform, or government-sponsored
voluntary codes of conduct, made little headway in countering endemic
corruption. While there were prosecutions related to bribery, the
general lack of enforcement remained a problem. Cases of bribery and
other corrupt practices are investigated by the Ministry of Internal
Affairs and the Federal Security Service, both of which were widely
perceived as corrupt.
Under the criminal code, the giving and receiving of bribes are
punishable by up to 12 years of incarceration; a person who pays a
bribe is relieved of criminal liability if the bribe was extorted from
him or if he voluntarily informs law enforcement about it.
According to the Interior Ministry, the total number of corruption
cases increased 7.6 percent in the period from January to October. Of
the year's 11,492 corruption cases, 8,890 were sent to court. There was
an increase of 6.4 percent of officials sentenced (5,285) compared with
the same period in 2007. INDEM estimated that millions of corruption-
related offences were committed every year and cost the country
approximately 7.4 trillion rubles (approximately $300 billion), almost
equal to the country's entire federal budget.
No high-level officials were charged with corruption during the
year, but most anticorruption campaigns were limited in scope and
focused on lower-level officials. Allegations of corruption were also
used as a political tactic, which made it more difficult to determine
the actual extent of corruption.
In October, Deputy Finance Minister Sergey Storchak was released
upon the completion of the procuracy's investigation of his 2007 arrest
on suspicion of preparing to embezzle more than 1 billion rubles
(approximately $43 million) from the state budget, which was the most
high-profile corruption incident of the year, although some observers
concluded that the case was politically motivated.
On February 12, the mayor of Togliatti, Nikolay Utkin, was
sentenced to seven years' imprisonment for abuse of power, bribery, and
illegal land transfer. He also received a 200,000 ruble penalty
($5,495) and was prohibited from occupying a state service position for
two years.
The law authorizes public access to all government information
unless it is confidential or classified as a state secret. Government
refusal to provide access to open information, or the classification of
information as a state secret without cause, has been successfully
contested in court. However, access to information was often difficult
and subject to prolonged bureaucratic procedures.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic and international human rights groups operated in the
country, investigating and publicly commenting on human rights
problems, but official harassment continued, and the operating
environment for these groups was increasingly restricted. Authorities
increasingly harassed many NGOs that focused on politically sensitive
areas, and other official actions and statements indicated a low level
of tolerance for unfettered NGO activity, particularly for NGOs that
received foreign funding and reported on human rights violations. NGOs
operating in the Northern Caucasus were severely restricted.
There were several dozen large NGO umbrella organizations as well
as thousands of small grassroots NGOs. In the regions, NGO coalitions
continued to advocate on such issues as the rights of the disabled and
of entrepreneurs, environmental degradation, violations by law
enforcement authorities, and the war in Chechnya.
A decree from the prime minister in June removed tax-exempt status
for grants from most international NGOs and imposed a potentially
onerous annual registration process for those which met the proposed
requirements. Many NGOs interpreted the decree as a further step to
restrict NGO funding and operations.
In 2006, the Government enacted a law that strictly regulates NGOs
and requires them to register with FRS. The law has more stringent
registration requirements for local affiliates of foreign NGOs than for
domestic NGOs. The law provides intrusive means for officials to
scrutinize NGOs, including ``public associations,'' but provides NGOs
with only limited procedural protections. The law grants the FRS
discretion to deny registration or to request that the courts close
organizations based on vague and subjective criteria.
Starting in 2007, all NGOs were required to submit periodic reports
to the FRS that disclose potentially sensitive information, including
sources of foreign funding and detailed information as to how funds are
used. As a result NGOs stated that they were increasingly cautious
about receiving foreign funds; while they still in many cases received
foreign funds, many restricted their activities to less sensitive
issues. The FRS has the authority to audit organizations; in May 2007,
it audited the prominent human rights NGO Memorial International in a
regularly scheduled inspection. FRS found several violations of the
law, particularly with regard to the society's charitable activity, and
issued a 1.5 million ruble ($61,000) fine, which the NGO successfully
appealed.
Observers believed the Government applied the NGO law to target
some human rights organizations. The 2006 amendments to the law on
extremism have been used to restrict activities of NGOs and some
criticism of the Government. The revised law expands the definition of
extremist activity to include public libel of a government official or
his family, as well as public statements that could be construed as
justifying or excusing terrorism. In October new amendments to this law
passed enabling authorities to carry out an accusation of extremism
without evidence or a court case.
On December 4, seven Prosecutor's Office representatives, three of
them wearing masks, arrived at the office of the Memorial Research and
Information Center in St. Petersburg. They presented a search warrant,
as part of a criminal investigation against newspaper Novy Peterburg;
the search investigation was looking for evidence of financial ties
between Memorial and the newspaper. Both Memorial and the newspaper
denied any ties. The investigators removed 12 hard drives and the
archives of Memorial member Aleksandr Margolis, a local expert on
architectural preservation. That week, the head of Memorial's office,
Irina Flige, went to the Prosecutor's Office to discuss the incident
but received no additional explanation for the raid. Shortly
afterwards, part of Margolis's confiscated archive was returned. No
other materials had been returned at year's end.
Memorial filed a suit against Prosecutor's Office challenging the
legality of the search. Human rights activists, foreign governments,
and international organizations issued statements calling for the quick
return of the confiscated materials and due process, to which the
Government responded by stating it had acted in accordance with its own
laws. Court hearings on the case were postponed twice in December due
to absence of the defendants. The case was still pending at year's end.
On October 26, GOLOS and a foreign democracy-related NGO attempted
to hold a training seminar on conducting focus groups, but the facility
informed them that the reserved room was without power. After
attempting to hold the seminar in the GOLOS office, participants were
evacuated for a bomb threat against the building, although no one else
in the building was evacuated. In the evening a man who identified
himself as a FSB officer reportedly entered the hotel room of a staff
member, held a threatening conversation, and made it clear that neither
the foreign NGO nor GOLOS was welcome in Novosibirsk. Approximately one
week later, a new organization called ``The Committee Against
Espionage'' appeared on a web forum, alluding to the incident and
claiming that western NGOs were spying on the country. The group made
one further attempt to intimidate the NGO in November, but by year's
end had taken no further actions. GOLOS also suffered harassment in
Samara in the week before the March presidential election. The
prosecutor ordered the local GOLOS director to undergo psychiatric and
drug examinations while investigating accusations of software piracy
that activists stated were unfounded.
In April, the country's Supreme Court upheld the liquidation of
Sodeistvie, a refugee assistance NGO in Vladimir. Sodeistvie had
submitted an activity report in 2007 but was liquidated for failure to
submit past reports, a violation the Government argued could not be
remedied.
On September 16, militia officers in Nizhniy Novgorod searched the
office of Dront Ecocenter, an environmental organization, allegedly due
to deficiencies in the organization's tax reporting. Authorities did
not provide the NGO with advance notice of the inspection and seized a
number of documents not covered by the warrant.
Authorities continued to target the Russian Chechen Friendship
Society (RCFS), an NGO that had urged negotiations between the
Government and Chechen rebels to settle the conflict and had reported
on human rights abuses perpetrated by both sides of the conflict. The
RCFS was ordered closed in 2006 after the RCFS executive director,
Stanislav Dmitriyevskiy, was convicted of inciting racial and ethnic
hatred for publishing statements by Chechen rebel leaders.
Dmitriyevskiy appealed his conviction to the ECHR, which had not ruled
on the appeal by year's end. The RCFS registered in Finland and
continued to operate in Russia. On March 20, police searched the
offices of RCFS's successor organization, the Foundation to Promote
Tolerance, and confiscated equipment, such as cellular telephones,
reportedly for violations of the extremism law.
The Government continued to scrutinize organizations that it
considered to have an opposition political agenda. Numerous human
rights and opposition groups reported politically motivated hostility
from the Government. During the year the Government attempted to damage
the public image of the NGO community with statements that NGOs were
suspicious organizations funded by foreign governments. Government
accusations that implied connections between foreign funded NGOs and
alleged espionage by resident diplomats increased public perceptions
that NGOs served foreign interests and fueled instability.
At the April meeting of the National Antiterrorism Committee,
Nikolay Patrushev, then head of the FSB, accused unnamed foreign NGOs
of supporting terrorism in the southern part of the country. The deputy
speaker of the Federation Council, Aleksandr Torshin, seconded this
charge, adding that 59 foreign NGOs were providing assistance to
Chechen terrorists.
A number of indirect tactics were applied to suppress or close
domestic NGOs, including creative application of various laws and
harassment in the form of investigations and raids ostensibly to check
for pirated software.
In May, the Volgograd Interior Ministry opened a criminal case
against Irina Malovichko, the head of Child's Dignity, an NGO that
works with troubled local juveniles, for allegedly embezzling 8,584
rubles ($236) from the NGO's budget. Her apartment was searched without
a warrant, and all documents and computers seized. Malovichko filed an
appeal in June that the Voroshilovsky Court rejected. The investigator
in the case threatened to open new charges against her daughter and her
colleague unless she admitted guilt. A lawyer retained by Malovichko
subsequently had his license removed without explanation. The case was
ongoing at year's end.
In June 2007, the Government seized the computers and financial
records of the EMF, an NGO promoting professional and independent
media. The seizure was allegedly part of its investigation of EMF
director Manana Aslamazyan, who was charged with an administrative
violation when she failed to properly declare the currency she was
bringing into the country. Authorities subsequently charged her with a
criminal offense. The Government used the charge as a basis to allege
criminal activities by the NGO and seize its equipment, effectively
stopping its operations. In May the Constitutional Court agreed with
Aslamazyan's lawyers that Article 188 of the criminal code, under which
she was charged and convicted, violated the constitution. The charges
against EMF, however, were still being investigated.
The Government subjected the Center for International Legal Defense
(CILD), which was headed by one of former Yukos CEO Mikhail
Khodorkovskiy's lawyers, to irregular administrative inspections. In a
note to Ombudsman Lukin, CILD complained about a January 2007 visit to
their office by an officer of the Ministry of Internal Affairs' Tax
Offenses Department in Moscow. The officer questioned the center's
director and deputy director about CILD's activities and asked if they
worked on any Chechen cases. Later in the month, the officer visited
CILD with orders summoning the executives to the Tax Offenses
Department. In 2006 the Federal Tax Service filed a claim against CILD
after it was audited by tax inspectors; the center appealed the claim.
The tax claims and fines against CILD amounted to approximately
$170,000 (approximately 4.6 million rubles), which if collected could
potentially put the NGO out of business.
Regional human rights groups generally received little
international support or attention and often suffered from inadequate
funding. Due to limited resources, the NGO reporting requirements
created a particularly onerous burden. They reported that at times
local authorities obstructed their work. While these groups were
generally free to criticize government and regional authorities,
authorities in some areas were intolerant of criticism. Local human
rights groups in the regions had some opportunities to interact with
legislators to develop draft laws; however, local authorities excluded
some organizations from the process entirely.
The Government subjected international human rights and
humanitarian groups, particularly those involved in promoting democracy
during the election year as well as those located in the North
Caucasus, to increasing pressure, such as foreign workers facing
trouble with visas, FSB officers arriving with questions that
intimidated their members, and pressure to curtail more sensitive
activities. In the view of some observers, NGOs working in the North
Caucasus were particularly vulnerable to interference.
In January, authorities announced that the British Council, an
international cultural body funded by the United Kingdom, must suspend
operations outside of Moscow due to alleged irregularities in legal
status and tax arrears; the offices in St. Petersburg and Yekaterinburg
closed. In October, a Moscow arbitration court ruled that the tax
claims were illegitimate, and the two offices reopened. The British
government and others alleged that the closure order was politically
motivated. Dmitry Medvedev, in his presidential campaign, accused the
British Council of conducting espionage, stating that ``among other
things, they are involved in intelligence activities,'' a charge the
British Council denied.
In the December 2007 parliamentary elections and the March
presidential elections, GOLOS observers were denied access to polling
stations or election committees in several regions, including Astrakhan
and Saint Petersburg.
Government and legislative officials recognized and consulted with
some NGOs, primarily those focused on social issues, and select groups
participated, with varying degrees of success, in drafting legislation
and decrees. Officials, such as the human rights ombudsman, Vladimir
Lukin, and the chair of the Presidential Council on Promoting the
Development of Institutions of Civil Society and Human Rights, Ella
Pamfilova, regularly interacted and cooperated with NGOs. During the
year, however, Pamfilova's reappointment was pending.
In the Jewish Autonomous Republic, Amur Oblast, and some regions in
Primorskiy Kray, NGOs worked with local governments to encourage
citizen participation in local self-governance. In Astrakhan government
officials worked closely with local NGOs devoted to building civil
society.
Some international NGOs maintained small branch offices staffed by
local employees in Chechnya; however, all were based outside of
Chechnya. In a meeting with NGOs in August 2007, Chechen president
Kadyrov stated that all foreign NGOs that worked in Chechnya should
move their offices from neighboring republics to Groznyy, register with
the tax inspectorate, and employ local citizens. Critics contended that
this enabled Kadyrov to keep tighter control over the NGO sector.
During the year a number of NGOs applied for access to Chechnya, but
the majority was reportedly denied because the Government implemented a
new monthly information reporting requirement.
By law every person in the country may bring alleged human rights
violations that occurred after 1998 to the ECHR, provided they have
exhausted ``effective and ordinary'' appeals in the courts. This
provision was usually satisfied by two appeals (first and cassation) in
courts of ordinary jurisdiction or three (first, appeal, and cassation)
in the commercial court system. The ECHR has received more than 40,000
complaints since the country ratified the European Convention on Human
Rights in 1998. The ECHR, which has received more than 10,000
complaints involving the country including 643 during the year, ruled
against the state in 245 cases on which it reached a decision during
the year. The Demos Center reported in December that state agencies
enforced ECHR rulings approximately 60 percent of the time. When it did
so, the Government generally paid financial judgments ordered by the
ECHR in a timely fashion; however, it issued blanket refusals in
response to ECHR requests for disclosure of the domestic case files
relating to alleged gross violations in Chechnya. The ECHR criticized
this failure of disclosure.
Government human rights institutions challenged local government
activities, promoted the concept of human rights, and intervened in
selected abuse complaints. Human Rights Ombudsman 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. During the year Lukin criticized intolerance and the growing
wave of ethnic, religious, sociopolitical, and human hatred in the
country. Lukin defended the rights of participants in the dissenters'
marches, noting that the constitution states clearly that citizens have
a right to participate in meetings and marches and that only
notification of the authorities is required to hold meetings and
marches, not permission from the Government. Lukin's office and
individual members of the Public Chamber intervened in May to convince
the FSIN to move former Yukos Oil Company vice president Vasili
Aleksanyan, who was HIV positive and diagnosed with lymphoma cancer, to
a hospital following a public outcry over his poor treatment in the
prison clinic. In August 2007, his office intervened to help secure the
release from an Apetity psychiatric institution of Other Russia
activist Larisa Arap, who had been involuntarily hospitalized. Lukin
assembled a panel of independent experts, who examined Arap and
testified that she should be released.
The ombudsman's annual report noted that his effectiveness was
limited because he was not empowered to propose legislation that could
address human rights problems. He also noted the difficulty of getting
some government officials to respond to inquiries from his office. In
2006, for example, the ombudsman intervened in more than 1,500 cases of
prisoner abuse, but only 123 cases were satisfactorily resolved by
prison officials. Lukin's office has used its influence to draw
attention to human rights questions in prisons. The ombudsman's office
had several specialized sections responsible for investigating
complaints. During the year the office published one report on the
protection of crime victims' rights. Lukin's role remained primarily
consultative and investigatory, without powers of enforcement. There
was no information available on the investigations proposed by Lukin
during 2007. As of year's end, 47 of the country's 85 regions had
regional human rights ombudsmen with responsibilities similar to
Lukin's; their effectiveness varied significantly.
The status of the Presidential Council on Promoting the Development
of Institutions of Civil Society and Human Rights was uncertain at
year's end, and its head, Ella Pamfilova, had not been approved by
President Medvedev. Prior to February the council, which promoted NGO
concerns and worked to advance human rights, was respected within the
NGO community, despite being limited in its capacity to address many
human rights problems. In some notable cases, such as abuses to freedom
of assembly during opposition demonstrations, advocating for easing
regulations on NGOs, and election violations, Pamfilova had provided
effective intervention.
In 2006 the 126-member Public Chamber of the Russian Federation
began operation. The chamber was established to channel public and
civil society input into legislative decision-making. Some prominent
human rights groups declined to participate in the chamber out of
concern that the Government would use it to increase control over civil
society. The chamber employed some 30 committees to cover problems
ranging from juvenile justice to anticorruption to philanthropy.
Committees were intended to conduct public discussions on key issues,
review draft laws, travel to the regions to promote the role of
regional public chambers, conduct studies, and give nonbinding
recommendations to the Government and legislature. The chamber was
generally not considered effective as a check on the federal
government; for example, in December it publicly and unanimously called
upon President Medvedev not to sign the law curtailing jury trials but
did not have an influence on the decision. However, some members of the
Public Chamber succeeded in raising the profile of human rights cases
such as that of journalist Mikhail Beketov. In December, President
Medvedev signed a law requiring all future draft legislation that deals
with restriction of individual freedoms to be reviewed by the Public
Chamber. Previously, the Duma forwarded laws to the chamber for
examination at the chamber's own request.
Section 5. 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.
Women.--Rape is illegal, and the criminal code makes no special
distinctions (such as spousal rape) on the relationship between the
rapist and the victim. Between January and October, 5,271 rapes and
attempted rapes were reported, a 13.9 percent decrease from the same
period in 2007. However, according to NGOs many women did not report
rape or other violence due to social stigma and lack of government
support. Rape victims can act as full legal parties to criminal cases
brought against alleged assailants and 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 reluctant to provide
testimony in court.
Spousal or acquaintance rape was not widely perceived as a problem
by society or law enforcement. Women were unlikely to report cases of
rape by persons they knew. Law enforcement and prosecutors held many of
the same notions and reportedly did not encourage reporting or
prosecution of such cases. A very small percentage of spousal or
partner rape was reported to the court.
Domestic violence remained a major problem. The Ministry of
Internal Affairs reported that during the year approximately 12,000
women were killed by their husbands, boyfriends, or other family
members. The ministry also estimated that 3,000 men were killed by
wives or girlfriends whom they had beaten. Law enforcement authorities
frequently failed to respond to incidents of domestic violence. Amnesty
International estimated that approximately 36,000 women were beaten by
a husband or partner every day. There were no official statistics on
domestic violence, but officials estimated that there were more than
250,000 violent crimes committed against women every year. Because
violence was frequently not reported, the real figures were impossible
to ascertain.
There is no legal definition of domestic violence. The law
prohibits battery, assault, threats, and murder, but most acts of
domestic violence did not fall within the jurisdiction of the
Prosecutor's Office. Victims of these crimes must prosecute such cases
themselves, which was difficult without legal training or state
assistance. Consequently, few cases were prosecuted, and there were few
convictions. According to a 2005 survey, police frequently discouraged
victims from submitting complaints, and the majority of cases filed
were either dismissed on technical grounds or moved to a reconciliation
process by a justice of the peace, with focus on preservation of the
family rather than punishment of the perpetrator. Civil law remedies
for domestic violence included administrative fines and divorce.
There were more than 600 government centers for social
rehabilitation assistance and shelters for various groups; it was
unknown how many of these offered services for domestic violence
victims. There were also an estimated 20 crisis centers with 200 beds,
90 percent of which were run by NGOs. Crisis services were not focused
exclusively on violence against women, although some did offer services
to domestic violence victims, including temporary shelter.
The organization and operation of a prostitution business is a
crime, while selling sexual services is a lesser criminal
administrative offense. Prostitution remained widespread, and 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. There were reports of prostitutes
bribing police and police violence against prostitutes. It was widely
believed that police were involved in the protection of prostitution.
The law does not prohibit sexual harassment, which remained a
widespread problem. NGOs operating hot lines reported that women
routinely sought advice on the problem. The lack of legal remedies and
limited economic opportunities caused many women to tolerate
harassment. Only two sexual harassment cases have been successfully
prosecuted since 1992. In July, a 22-year-old female executive
attempted to pursue a third sexual harassment suit but lost the case
when the judge declared that sexual harassment is necessary to further
the human species. According to research conducted by the Gender
Inequality Institute, 100 percent of female professionals said their
bosses had sexually harassed them, 32 percent said that they had had
sexual relations with their boss, and 7 percent said that their boss
had raped them. Eighty percent of the respondents said that they could
not achieve promotion without engaging in sexual relations with their
male superiors.
Although the law states that men and women have equal rights and
opportunities to pursue those rights, women encountered discrimination
in employment. Job advertisements often specified gender and age
groups. Some even specified desired physical appearance and preference
for applicants open to intimate relations with their prospective
supervisor. Employers often preferred to hire men to save on maternity
and childcare costs and avoid the perceived unreliability that
accompanied the hiring of women with small children. The labor market
displayed gender discrimination in compensation, professional training,
hiring and dismissal, and career promotion. Such discrimination was
often very difficult to prove. According to both RosStat, the federal
state statistics service, and the Center for Labor Studies (of the
Higher School of Economics), in 2007 the gender differential in wages
was 35 percent.
A series of murders of young women took place in November in
Chechnya. According to the head of Chechnya's Investigation Committee,
a likely motivation for the murderer or murderers was the women's
refusal to adhere to Muslim traditions. President Kadyrov spoke out
against the killings and called for the perpetrators to be brought to
account, but there were no arrests by year's end.
Children.--The Government expressed its commitment to children's
rights and welfare, but provided limited resources to the welfare of
children. The law does not provide adequate protection for children,
and child abuse remained a problem.
Although education is free until grade 11 and compulsory until age
15 or 16, regional authorities frequently denied school access to the
children of unregistered persons, including Roma, asylum seekers, and
migrants.
Child abuse was a widespread problem, but the majority of child
abuse cases were not subject to legal action.
Children, particularly homeless children or orphans, were exploited
in child pornography. While authorities viewed child pornography as a
serious problem, laws against child pornography do not define,
criminalize the possession of, or provide for effective investigation
and prosecution of child pornography. The statute on the production and
distribution of pornography was poorly drafted and seldom used.
Criminal cases were often dismissed because of the lack of clear
standards. In addition, when a suspect was convicted, the courts
frequently imposed the minimum sentence, often probation. Relatively
few child pornography cases were investigated and prosecuted, creating
an environment where child pornography proliferated. Nonetheless,
according to the latest figures from the General Prosecutor's Office,
the number of child pornography investigations increased from 98 in
2005 to 299 in 2007.
In December, the NGO Children's Rights estimated that approximately
40,000 children ran away from home annually to flee abuse and neglect,
along with 20,000 orphans who fled orphanages. The same estimate also
noted that there were approximately 120,000 new orphans every year in
the country. The Moscow Helsinki Group indicated in 2005 that each year
approximately two million children under 14 years of age were victims
of domestic violence. While there was some government attention to
child abuse, it was generally not linked to the broader problem of
domestic violence. At a public roundtable on children's rights in
January, the MVD announced that approximately 2,000 children died every
year from violence, most of it domestic. At year's end, approximately
5,000 cases against parents for abuse and neglect were active in the
country's court system.
During the past seven years, according to the NGO Children's
Rights, an average of 690,000 children lived in the streets. However,
police attempted to return approximately 70 percent of them to a home
or to an institution.
Homeless children often engaged in criminal activities, received no
education, and were vulnerable to drug and alcohol abuse. Some young
girls on the streets turned to, or were forced into, prostitution,
often to survive. According to the Ministry of Interior Affairs,
between January and October, 97,567 crimes out of total of 2,730,424
crimes were committed by minors or with their complicity. This was a
15.7 percent decrease compared with the same period in 2007.
According to 2007 data from the Moscow Department of Social
Security, 12 percent of street children in shelters had run away from
orphanages or boarding schools. Law enforcement officials reportedly
abused street children, blamed them for unsolved crimes, and committed
acts including extortion, illegal detention, and psychological and
sexual violence against them.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, internal and external trafficking continued to be
a significant problem. The scope of trafficking was difficult to
quantify with reliable estimates, but observers believed that it
remained widespread. The country continued to be a source, destination,
and place of transit for men, women, and children trafficked for
various forms of exploitation; however, because of rapid economic
growth, there was allegedly a decrease in the number of citizens
trafficked abroad. Women and children were usually trafficked for
commercial sexual exploitation, while men were trafficked into the
country for construction or agricultural work. There were some cases of
forced begging, i.e., persons compelled to beg through threats of force
and violence, who turned their earnings over to traffickers.
According to the IOM, women were trafficked to almost 50 countries
in North America, Europe, the former Soviet republics, the Middle East,
and Asia. Women who were trafficked abroad and returned seldom reported
their experiences to police because they feared social stigma and
retaliation by traffickers. Men and women from the Russian Far East
were trafficked to China, Japan, the Middle East, and South Korea for
purposes of sexual exploitation, debt bondage, and forced labor,
including in the agricultural and fishing industries. Moscow and St.
Petersburg are destination centers for children trafficked within
Russia and from Ukraine and Moldova for purposes of sexual exploitation
and forced begging. Moscow continued to be a significant destination
for men and women trafficked within Russia and from Kyrgyzstan,
Tajikistan, Uzbekistan, Ukraine, Moldova, and Belarus for purposes of
sexual exploitation and forced labor, including work in the
construction industry. Moscow remained a transit point for women
trafficked from Uzbekistan and Armenia to the United Arab Emirates for
purposes of sexual exploitation. Men from Western Europe and the United
States travelled to Western Russia, specifically St. Petersburg, for
the purpose of child sex tourism.
In August, a court in Nizhniy Tagil convicted five members of a
gang accused of organizing a brothel and murdering as many as 15 women
that were found in a mass grave in 2007. The gang forced underage women
(13 to 19 years old) to work as prostitutes and killed those who
refused. The court sentenced the leader of the gang, Eduard Chudinov,
to life imprisonment and four others to various terms in maximum
security penal colonies.
In February, one man and three women in Ozersk, Chelyabinsk Oblast,
were charged with organizing a brothel at a local sauna and coercing
underage women (15 to 19 years old) to become prostitutes, severely
beating those who tried to escape. In June the head of the gang, a 26-
year-old woman, was arrested. The trial began soon after the arrest but
had not reached a conclusion by year's end. If convicted, the
prosecutor stated that the accused would be subject to a 6- to 8-year
sentence in prison.
Traffickers typically targeted unemployed females between the ages
of 14 and 45, with females between the ages of 15 and 25 being the
primary targets, with promises of economic or educational opportunities
abroad. Some victims knowingly agreed to work in prostitution before
realizing the severity of the conditions and abuse they would suffer.
Traffickers targeted homeless children or children in orphanages
for sexual exploitation. There were no reliable estimates of how many
children were trafficked. The country has become a major producer and
distributor of Internet child pornography, leading to confirmed cases
of child sex trafficking and child sex tourism.
Traffickers typically used a front company, frequently an
employment agency, travel agency, or modeling company, to recruit
victims with promises of well-paying work overseas. Victims often
surrendered their passports or other documentation to their employers,
despite passage of a 2007 migration law requiring workers to register
directly with the state.
Traffickers threatened workers with deportation or prosecution if
they demanded payment for their work and often threatened to harm
victims' families if they tried to escape.
Trafficking and forced labor are punishable by a maximum of 15
years' imprisonment, recruitment into prostitution by a maximum of
eight years, organization of a prostitution business by a maximum of 10
years, and manufacture and distribution of child pornography by a
maximum of eight years. Convicted traffickers may have their assets
confiscated.
The Government officially opposed human trafficking and was
effectively using anti-trafficking statutes and traditional criminal
remedies to prosecute traffickers. Human trafficking and child sexual
exploitation investigations and prosecutions significantly increased
over the past four years. However, corruption among police and border
guards remained a serious problem, and there were allegations that
corrupt police and border guards protected and facilitated trafficking.
Where such instances were discovered, the corrupt officials were
prosecuted.
There were three human trafficking shelters in the country,
although they are funded by American and European money. The
Government, and in particular the MVD and Federal Border Service,
worked closely with these shelters during the year but did not fund
them. A significant impediment to adequate assistance to trafficking
victims was the lack of comprehensive victim assistance legislation
that protects trafficking victims. A patchwork network of local
government, regional government, local NGOs, and international
organizations provided assistance and protection for trafficking
victims. Although the Duma passed witness protection legislation
designed, inter alia, to assist trafficking victims, it was not
effective.
There was no official federal trafficking prevention program,
although a number of ministries addressed trafficking on an individual
basis; both the MVD and Ministry of Foreign Affairs Web sites contained
information cautioning travelers abroad about the hazards of human
trafficking. On a regional and local level, there were a number of
active trafficking prevention campaigns, albeit typically conducted by
local NGOs, often with varying degrees of support from NGOs, ranging
from in-kind support such as facilities and equipment to active
agreements between regional government and NGOs. For example, the local
administration in Vladivostok supported a local NGO in anti-trafficking
activities.
During 2007, the Ministry of Internal Affairs increased trafficking
investigations by 50 percent and worked closely with foreign
governments to assist international trafficking prosecutions.
Government officials shared information on investigations and
prosecutions but had no specific mechanism in place to track
prosecutions, convictions, and sentences. The majority of trafficking
initiatives remained local. However, no progress had been made on
creation of a national action plan and a high-level government office
to coordinate trafficking activities by year's end.
There were continued allegations that corrupt government officials
facilitated trafficking. Corrupt elements in the Ministry of Internal
Affairs and other law enforcement bodies allegedly facilitated and, in
some cases, controlled trafficking. Individual officials reportedly
took bribes from traffickers in return for false documents and the
facilitation of visa fraud. Law enforcement sources agreed that
document fraud was often committed in the process of obtaining external
passports and visas, but they were uncertain to what extent this
involved official corruption rather than individual or organized
criminal activity. There were reports of prosecutions of officials
involved in such corruption.
The IOM's Human Trafficking Rehabilitation Center continued to
receive its funding primarily from foreign donors and stated that
without government funding, it might be forced to close at some point
during 2009. However, during the year the center functioned with
sufficient funding.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--Several laws prohibit discrimination
against persons with disabilities or mandate equal treatment of them;
however, the Government generally did not enforce these laws. Citizens
with disabilities continued to face discrimination and were denied
equal opportunity to education, employment, and access to social
outlets. The situation for persons with disabilities has reportedly
worsened due to the replacement of government subsidies for items such
as transportation and medicine with cash payments in 2004. Some
affluent regions, such as Moscow, preserved benefits for persons with
disabilities at preexisting levels, while most other regions provided a
limited number of benefits, such as free transportation.
The Ministry of Health and Social Protection estimated that there
were 15 million persons with disabilities. In 2006, the human rights
ombudsman said that in the previous 10 years, more than 120,000 persons
became invalids as a result of military actions and war injuries.
According to the NGO Perspektiva, the number continued to grow as a
result of new conflict; however, there were no new figures available at
year's end. Persons with disabilities were generally excluded from the
social and political life of their communities and isolated from
mainstream society.
During 2007, police discovered and arrested a criminal ring that
forced persons with disabilities to beg in the streets of Moscow. There
were no further developments in this case by year's end.
The residents of institutions for adults with disabilities were
mainly ``graduates'' of the institutions for children. Institutions
rarely attempted to develop the abilities of the residents. Residents
were frequently confined to the institutions and sometimes movement
within the institutions was restricted. The use of psychotropic drugs
as punishment was allegedly widespread. Conditions in the institutions
were often poor, with unqualified staff and overcrowding.
Laws provide penalties for enterprises that fail to build ramps or
other accessibility features but contain no enforcement mechanisms.
Federal law on the protection of persons with disabilities requires
that buildings be made accessible to persons with disabilities, but
authorities did not enforce the law and in practice most buildings were
not accessible.
Laws providing employment quotas exist at the federal and local
levels; however, some local authorities and private employers continued
to discourage persons with disabilities from working, and there was no
penalty for failure to honor quotas. Human rights NGOs made some
progress in persuading foreign companies in larger cities, including
Moscow, to consider persons with disabilities as potential employees,
and the Moscow city government reportedly encouraged employers to hire
disabled persons. According to the NGO All-Russia Society of Disabled
Persons, the overall number of persons with disabilities in the
workforce declined from 72,500 in 2002 to 28,000 in 2007. The NGO
attributed this to the 2002 elimination of tax benefits, which
encouraged employment of persons with disabilities. In December, the
NGO Perspektiva reported that the number of unemployed persons with
disabilities had decreased to 85 percent from 90 percent in 2007.
In 2007, the Ombudsman's Office reported that approximately 700,000
of the country's invalids were children. Authorities generally
segregated children with disabilities from mainstream society through a
system that institutionalized children until adulthood. Observers
concluded that issues of children's welfare were often ignored and
little clear recourse to systemic problems of abuse existed. Human
rights groups alleged that children in state institutions were poorly
provided for and, in some cases, physically abused by staff members.
``Graduates'' of state institutions also often lacked the necessary
social, educational, and vocational skills to function in society.
According to a 2006 report by the Prosecutor General's Office, half of
the more than 600,000 children with disabilities in state care lacked
medicines, hearing aids, and wheelchairs. The NGO Children's Rights
confirmed that this situation had not changed during the year.
There appeared to be no legal mechanism for contesting commitment
to a facility for the disabled. The assignment of categories of
disability to children with mental disabilities often followed them
through their lives. The labels ``imbecile'' and ``idiot,'' which were
assigned by a commission that assesses children with developmental
problems at the age of three and signified that a child was uneducable,
almost always were irrevocable. Even the label of ``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 caregivers, but there were few advocates
for the rights of institutionalized children.
Youths with disabilities not in institutions faced significant
barriers to education, including lack of access to schools.
Education authorities often tried to keep youths with disabilities
out of school due to lack of special programs. At the same time, the
``home program'' for children with disabilities was highly inferior to
school classes. The majority of teachers and administrators in schools
and universities had little or no understanding of disability issues.
Often parents of children without disabilities were averse to their
children studying with children with disabilities.
NGOs cited some examples of courts ordering children with
disabilities admittance to schools that initially refused to take them.
For example, two children with disabilities in Petrozavodsk, Karelia,
were denied permission to attend a preschool program because the
preschool stated that it did not have the capacity to accommodate
children with their disabilities. In a final decision in April 2007,
the Petrozavodsk court ruled that the children's right to education had
been violated, and the court ordered a local special school (at the
time of the verdict, the children were of school age) to provide a
satisfactory special education program for the children.
According to government reports, of approximately 450,000 school-
age children with disabilities, approximately 200,000 did not receive
any education. Of the approximately 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 comprised only 3
percent of all schools, most children with disabilities could not study
in the community where they lived, were isolated from other members of
the community, and received an inadequate education.
Persons with disabilities faced barriers to participation in
political life, including inaccessible government buildings. The
election laws contain no special polling-place accessibility
provisions, and the majority of polling places were not accessible to
persons with disabilities.
Government bodies charged with protecting human rights also
protected the rights of persons with disabilities. These bodies carried
out a number of inspections in response to complaints from disability
organizations and, in some cases, subsequently appealed to the
responsible agencies to remedy the situation. The human rights
ombudsman conducted inspections of homes for children with mental
disabilities that disclosed severe violations of children's rights and
substandard conditions.
National/Racial/Ethnic Minorities.--The law prohibits
discrimination based on nationality; however, minorities were subjected
to frequent discrimination by government officials. There continued to
be a steady rise in societal violence and discrimination against
minorities, particularly Roma, persons from the Caucasus and Central
Asia, and dark-skinned persons, as well as foreigners. Skinhead groups
and other extreme nationalist organizations fomented racially motivated
violence; the number of hate crimes increased. Racist propaganda was
still a problem during the year, although there were an increasing
number of convictions for inciting ethnic hatred through propaganda.
Federal and local law enforcement continued disproportionately
targeting members of ethnic minorities. Police reportedly beat,
harassed, and demanded bribes from persons with dark skin or who
appeared to be from the Caucasus region, Central Asia, or Africa.
Authorities in Moscow continued to subject dark-skinned persons to
far more frequent document checks than others and frequently detained
or fined them in amounts that exceeded legally permissible penalties.
Police often failed to record infractions against minorities or to
issue a written record to the alleged perpetrators. Law enforcement
authorities also targeted such persons for deportation from urban
centers. According to the UNHCR, five temporary accommodation centers
across Chechnya were closed during 2007.
During the August conflict with Georgia, in contrast with the 2006
diplomatic dispute between Russia and Georgia, Russian authorities did
not open a campaign against the approximately one million ethnic
Georgians living in Russia. At the time of the 2006 dispute, Russian
officials stepped up actions against ethnic Georgians. Approximately
4,000 persons were deported, and there were raids on Georgian
businesses, police demands for lists of Georgian students, and an
interruption in transportation and postal links.
In March 2007, authorities in Chudovo, Novgorod Oblast, demolished
the homes of several members of the local Romani community. According
to a court decision, the construction of the homes was unauthorized as
there were no proper deeds of ownership for the houses or land.
Authorities previously bulldozed 37 houses in 2006 that belonged to
more than 200 Roma, including more than 100 children, in the village of
Dorozhnoe, Kaliningrad Oblast, and set fire to the ruins. More than 100
of the displaced Roma were forced to live in temporary shelters and
were threatened with physical expulsion. Regional authorities began
their eviction campaign by initiating court proceedings to have the
Romani families' ownership of their homes declared illegal. According
to observers, the proceedings violated fundamental standards of due
process. In 2006, the Open Society Institute's Justice Initiative filed
a request for interim measures with the ECHR on behalf of 33 of the
evicted. The Justice Initiative carried out fact-finding missions in
Kaliningrad in March 2007 and again in March, during which time three
of the Romani litigants died. There were no further developments in the
case at year's end.
In Bashkortostan, authorities required applicants for new
identification documents to state their ethnic origins contrary to the
constitution, which states that ``nobody shall be forced to identify
and state their ethnicity.''
On September 14, unknown persons abducted a 35-year-old Ingush man,
Magomed Khamkhoyev, and held him captive in the basement of a cottage
in northwest Moscow for several days. During that time, he was beaten
and tortured, but he managed to escape. An Ingush opposition leader
later visited the cottage with police and was informed that the cottage
belonged to a military unit of the Defense Ministry.
Societal violence and discrimination on ethnic and racial grounds
continued to be a serious, slowly increasing, and intractable problem.
Government officials made appeals for tolerance but issues such as
migration often exacerbated the problem. Numerous racially motivated
attacks took place against members of minority groups and foreigners,
especially those of Central Asian, Caucasian, or African ethnicity.
These attacks took the form of beatings, extortion, and harassment by
skinheads and members of other racist and extremist groups.
Skinhead violence continued to be a serious problem. Skinheads
primarily targeted foreigners, particularly Asians and individuals from
the Northern Caucasus, although they also expressed anti-Muslim and
anti-Semitic sentiments. According to the Ministry of Internal Affairs,
neofascist movements had approximately 15,000 to 20,000 members, of
which more than 5,000 were estimated to live in Moscow. According to
the MBHR, there were up to 60,000 skinhead and radical nationalistic
organizations operating in the country. Skinhead groups were most
numerous in Moscow, St. Petersburg, Nizhniy Novgorod, Yaroslavl, and
Voronezh.
According to the SOVA center, during the year 85 persons were
killed and 367 injured in violent attacks by nationalists, an increase
from 75 killed (with 550 injured) in 2007. The MBHR reported 180
racially motivated attacks resulting in 81 deaths and 217 injuries
during the year. The MBHR also reported 205 convictions for
``aggressive xenophobia'' during the year. According to the Ministry of
Internal Affairs, 8,963 crimes were committed against foreign citizens
or persons without citizenship during the first six months of the year,
approximately a 5 percent decrease from 2007.
On March 16, a group of 15 neo-Nazis attacked and killed Alexey
Krylov on his way to an antifascist concert in Moscow. Prior to the
concert, postings had appeared on a Web site, giving instructions on
how to watch for people going to the concert.
In May, a group of 10 skinheads attacked three students of the Ufa
(Bashkortostan) State Technical Aviation University. Among the victims
were Kyrgyz and Vietnamese nationals. During the attack the young men
shouted ``Russia is for Russians.'' One of the victims was hospitalized
with a knife wound.
On July 28, five young men in masks attacked a group of Tajik guest
workers in Moscow and threw incendiary devices into their homes,
severely injuring many of the victims. The attack was seen as a
reprisal for the sentencing that day of 13 persons for a string of
ethnically inspired attacks. Some of the incendiary devices had neo-
Nazi symbols on them. At year's end no arrests had been made in the
case.
On November 4-National Unity Day, which has increasingly been used
by ultranationalists as a rallying point-10 neo-Nazis attacked a
Turkmen embassy official, Kyrbandury Saparov. He suffered bruises and
was hospitalized. In separate attacks on the same day, an unidentified
Uzbek and a Turkmen were stabbed to death. Prior to National Unity Day,
the Movement Against Illegal Immigration distributed leaflets calling
on Russians to kill ``persons of Caucasus nationality.''
In December, individuals from a nationalist group calling itself
the Militant Organization of Russian Nationalists attacked two Tajik
workers south of Moscow, beheading one and leaving his head in a
dumpster 12 miles away. At year's end the SOVA center reported that
authorities were working with them to find the perpetrators; however,
no arrests had been made in the case.
There were developments in ethnically motivated killings reported
in previous years.
On October 1, Artur Ryno and Pavel Skachevsky, the ringleaders of a
skinhead criminal group accused of 20 murders and 12 attempted murders
from 2006 to 2007, pleaded guilty to all charges against them. Two
other members of the group pleaded guilty, while two others denied the
charges. Sentences ranged from six to 20 years in prison. Human rights
activists criticized the sentences as insufficient. In August 2007,
Ryno's gang murdered Shamil Umadanov, a worker in Moscow from Dagestan,
along with an unidentified man and subsequently posted the killing on
the Internet. In June the Investigative Committee of the General
Prosecutor's Office determined that the killing took place in the
Kaluga region of the country.
On July 29, three persons were found guilty in Saratov Oblast for
participating in the June 2007 attack and murder of two workers,
including one from Chechnya. Two were found guilty for the murder of
Zurab Albastov and one was found guilty for the murder of Azrutdin
Galimov. However, they were convicted for ``murder completed on
hooligan motives,'' not for murder based on ethnic hatred.
In December, the St. Petersburg Prosecutor's Office completed the
investigation of the Borovikov gang case. Members of the gang, which
was active between 2003 and 2006, were charged with seven murders
motivated by ethnic hatred, including the murder of Nikolay Girenko and
a Senegalese student. However, there was no verdict by year's end.
In June, seven skinheads who filmed and published their undated
acts of racist violence actions on the Internet received six- to 10-
year prison sentences in a Moscow court. They were also ordered to pay
compensation to the families of the victims.
There were no developments in the February 2007 killing, presumed
by the Prosecutor's Office to be racially motivated, of Fagret Naimov
and the assault of another Uzbek man in St. Petersburg; the 2006
killing of Grigoriy Marienkov, an 80-year-old Romani man from the
Volgograd region; the 2006 killing of Singh Nitesh Kumar, an Indian
medical student studying in St. Petersburg; or the 2006 stabbing of a
nine year-old girl, whose father was a native of Mali, in St.
Petersburg.
On December 2, seven men were sentenced to six to 20 years'
imprisonment for the racially motivated murders of 19 individuals. The
group preyed on Central Asians, Caucasians, and other dark-skinned
individuals. Their attacks were often filmed and broadcast on the
Internet.
On May 15, a Moscow court found four persons guilty of terrorism
and participation in a criminal association in connection with the 2006
bombing of the Cherkizovskiy market in Moscow that killed 13 persons
and injured 53, many of whom were from the North Caucasus and Central
Asia. All four received a sentence of life imprisonment.
During the year court cases continued pertaining to the 2006 ethnic
rioting in Kondopoga, Karelia. In 2006, a former police major received
a four-year suspended sentence for ``negligence leading to the death of
two or more persons'' and 12 other persons each received a three-year
suspended sentence for participating in the rioting. In March 2007, a
court sentenced two Russians to three-and-a-half years and eight months
in prison for instigating the fight that precipitated the rioting.
Since 2007, court proceedings were ongoing for six ethnic Caucasians
charged with murder, assault, or hooliganism. On June 19, the Karelia
Supreme Court began hearings of the case. On July 22, the court brought
official charges against the six ethnic Caucasians. At year's end the
case remained in court.
In 2006, a homemade bomb exploded outside the Moscow apartment of
antifascist activist, Tigran Babadzhanian, injuring police who were
trying to defuse it. Babadzhanian's photograph had previously been
posted on skinhead Internet sites, and he had received death threats.
The district prosecutor's office opened a criminal investigation for
``hooliganism committed in a socially dangerous way'' and identified
three suspects from an extremist group. However, in 2007 the charge was
reduced to ``damage of property.'' As a result of continued concern for
his safety and that of his family, Babadzhanian and his family fled to
Armenia and remained there at year's end.
Police investigations of such cases were frequently ineffective,
and authorities were at times reluctant to acknowledge the racial or
nationalistic element in the crimes, often calling attacks
``hooliganism.'' Many victims, particularly immigrants and asylum
seekers who lacked residence documents recognized by police, chose not
to report such attacks or experienced indifference on the part of
police. According to the SOVA Center, willingness to acknowledge hate
crimes varied widely depending on the personal views of the prosecutor;
they noted that the number of prosecuted hate crimes in Moscow
significantly increased after a new prosecutor took over.
According to the SOVA Center, there were 85 convictions during the
year for ethnically or racially motivated crimes, compared with 24
convictions in 2007 and 109 convictions in 2006. In most cases, the
attackers wore skinhead attire or proclaimed nationalist slogans.
Muslims and Jews continued to encounter prejudice and societal
discrimination, although it was often difficult to separate religious
discrimination from ethnic discrimination.
Attempts to address xenophobia at the national level were almost
nonexistent; however, there was evidence that officials were addressing
the problem at a local level. For example, in Karelia in 2007, one year
after the ethnic riots in Kodopoga, authorities attempted to generate
dialogue among various ethnic and religious groups, and prosecutions on
both sides of the riot were generally reported to be proceeding fairly.
The Karelian Prosecutor's Office reported in December that one resident
of Karelia was found guilty of inflaming religious hatred through
Internet publications and was given a one-year suspended sentence. As
in previous years, the St. Petersburg local government continued to run
the tolerance program aimed at combating racism and xenophobia;
however, NGOs were not involved with the initiative. In general, law
enforcement agencies did not do enough to address the problem, in part
because the Government did not provide the necessary resources and, in
some cases, because some working-level staff allegedly sympathized with
the nationalistic causes.
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. In some regions local communities organized to study and
make recommendations regarding the preservation of indigenous cultures.
Groups such as the Buryats in Siberia and ethnic groups of the north
(including the Enver, Tafarli, Chukchi, and others) continued to work
actively to preserve and defend their cultures as well as the economic
resources of their regions. Most asserted that they received the same
treatment as ethnic Russians, although some groups believed they were
not represented or were underrepresented in regional governments.
The principal problems of indigenous persons in recent years
included the distribution of necessary supplies and services,
particularly in the winter for those who lived in the far north, and
claims to profits from exploitation of natural resources.
Due to the construction of a new port in the village of Vistino,
outside of St. Petersburg, the Izhora people, listed in the law on
small and indigenous peoples, were losing their traditional fishing
sites. In the course of construction of the new port, the only road to
the village was destroyed and bus service to the village was
terminated. According to the environmental NGO Zeleny Mir, government
officials did not take into account the objections of Izhora
representatives in this decision; however, there was no evidence that
the Izhora people were specifically targeted for eminent domain.
There continued to be reports of pressure on members of the Finno-
Ugric Mari ethnic group. The Moscow Helsinki Group and International
Helsinki Federation for Human Rights asserted that authorities
prosecuted two activists in 2006 on politically motivated charges for
their involvement in the Mari national movement. One activist, Vitaliy
Tanakov, who published a brochure about the Mari persons and their
religious beliefs, was convicted for inciting ethnic, racial, or
religious enmity and sentenced to 120 hours of labor. A second
activist, Nina Maksimova, faced similar charges for helping to
distribute the brochure.
NGO reports from 2006 through the end of the year noted that wider
government use of authoritarian methods of rule, harsher migration laws
and campaigns against illegal migration, increasing authority of law
enforcement bodies, and reduction in government support for minority-
language media and education had adversely affected national
minorities.
Other Societal Abuses or Discrimination.--Persons with HIV/AIDS
often encountered discrimination. Federal AIDS law contains
antidiscrimination provisions but was frequently not enforced. HRW
reported that HIV-positive mothers and their children faced
discrimination in accessing healthcare, employment, and education.
Persons with HIV/AIDS found themselves alienated from their families,
employers, and medical service providers. In 2006, the Moscow city Duma
criticized the activities of foreign NGOs that fight HIV/AIDS for
allegedly encouraging pedophilia, prostitution, and drug use among
teenagers.
While homosexuality is not illegal, the gay community continued to
suffer societal stigma and discrimination. Medical practitioners
reportedly continued to limit or refuse their access to health services
due to intolerance and prejudice. According to recent studies, male
homosexuals were refused work due to their sexuality. Openly gay men
were targets for skinhead aggression, which was often met with police
indifference. A few gay rights organizations operated out of public
view.
The law does not provide for increased penalties for violence
motivated by sexual orientation. In March, two youths killed a man in
Sverdlovsk Oblast whom they perceived to be a homosexual. Both
individuals were arrested and remained under investigation. There was
no update in the case at year's end.
On June 1, gay pride activist Alexey Davydov was assaulted while
addressing reporters at the Moscow Gay Pride event. Members of the
National Slavonic Union pushed to the ground and severely beat Davydov.
The police managed to arrest the attackers, although police also
detained Davydov and sent him to the same police station along with the
attackers. There were reportedly no charges filed against the
perpetrators.
Section 6. Worker Rights
a. The Right of Association.--Although the law provides workers the
right to form and join unions, in practice government policy limited
the exercise of this right. The Federation of Independent Trade Unions
of Russia (FNPR) reported that approximately 50 percent of the
workforce was unionized, and approximately 95 percent of union members
belonged to the FNPR (approximately 27.8 million members in 2007).
Three other unions had memberships between 500,000 and one million
persons. There were many smaller unions, but they were not formal or
organized and did not provide membership statistics.
The FNPR and other trade union federations acted independently of
the Government at the federal level, but in some cases FNPR unions were
affiliated with local political structures, giving the FNPR advantages
over unions without political ties. FNPR unions frequently included
management as part of the bargaining unit or elected management as
delegates to its congresses.
Despite a separate law specifically governing trade unions, the FRS
stated that the legal provisions that govern the creation and operation
of NGOs also apply to unions. Specifically, the FRS has stated that
trade unions must receive permission to register and submit program and
financial reports to authorities and that their failure to do so can
result in a legal process to abolish the union. However, according to
the law, labor unions are not required to register with the FRS.
Although the Government oversight agency has the right to attend union
meetings and monitor all union activities, there was no evidence during
the year that government oversight agencies had attended union meetings
or monitored their activities.
If labor union activities contradict the national constitution,
regional constitutions, or federal laws, the Supreme Court or the
corresponding regional courts can ban or suspend those activities for a
period of six months. Furthermore, a labor union's activity may be
suspended or forbidden by law enforcement bodies in accordance with the
federal law on ``Fighting Extremist Activities.''
According to labor rights and labor union organizations, there were
no cases by year's end of the Government using the anti-extremist
legislation to prohibit collective action by labor unions. However, in
some cases the ``extremist'' pretext was used against individual union
members. For example, in July 2007 an AvtoVAZ union activist was
prosecuted for extremist activities (distribution of ``antisocial''
leaflets among the factory employees). The AvtoVAZ labor union claimed
that the accusations were fabricated.
The law provides for the right to strike; however, this right
remained difficult to exercise. Most strikes were considered
technically illegal because they violated one or more of the
exceedingly complex procedures governing disputes. A strike may be
called at an enterprise only after approval by a majority vote at a
conference composed of at least two-thirds of all personnel, including
management.
The law specifies that a minimum level of essential services must
be provided if a strike could affect the safety or health of citizens.
Strikes are prohibited in the railway and aviation sectors, government
and military agencies, at nuclear power stations, and in disaster
assistance organizations. Workers in these sectors at times resorted to
other forms of protest, such as rallies, days of action, or hunger
strikes. Although the law prohibits reprisals for strikes, they
frequently occurred and included threats of night shifts, denial of
benefits, blacklisting, and firing. Strike actions were further
discouraged by the ability of civil courts to order confiscation of
union property to settle damages and losses to an employer if a strike
is found to be illegal and not discontinued before the decision goes
into effect. As a result, labor actions were often organized by strike
committees rather than by unions.
In June, assailants attacked Sergei Bruzgalov, one of the Taganrog
Automobile Plant labor union activists, on the street while going home
after the work shift. He was hospitalized for one month with serious
injuries. The perpetrators were not found.
In November, there were two attempts to attack Aleksei Etmanov, the
leader of the labor union at the Ford plant in St. Petersburg. Police
were not able to find the suspects.
There were other cases of extreme pressure on union activists. In
December police detained and held Aleksei Konarev, a Tenneco Automotive
Volga Plan labor union activist, in the police station for four hours.
The police later released him with the explanation that he had been
mistaken for a certain criminal.
In December, Valentin Urusov, the union leader of the Alrosa
Company Subsidiary in the town of Udachny (Republic of Sakha) was
sentenced to six years' imprisonment for ``keeping'' narcotics. Union
members asserted that the case was fabricated as retaliation by the
company's owners and management for Urusov's union activity. His
lawyers claimed they would bring the case for appeal in the court of
higher instance.
In June 2007, at least two persons stabbed and beat a local
politician and chairman of the Kaliningrad branch of the independent
Dockers' Union of Russia, Mikhail Chesalin, who was hospitalized with
serious injuries. While local NGOs claimed the attack was motivated by
Chesalin's longstanding dispute with the management of the dock, police
treated the case as a simple assault. In October 2007, after a wave of
public support for Chesalin, the case was officially closed; the
criminals were not found.
b. The Right to Organize and Bargain Collectively.--The law
recognizes the right of unions to conduct their activities without
interference and the right to bargain collectively, but also gives
employers a strong role in labor relations. Collective bargaining is
legally mandated if either an employer or employees requests it. The
law obliges labor and management to enter into negotiations within
seven days of such a request and sets a three-month time limit for
concluding an agreement. Unresolved issues are to be included in a
protocol of disagreement, which may be used to initiate a collective
labor dispute. Negotiations were often slow and difficult. Employers
were often reluctant to accept union requests for collective bargaining
and did not provide financial reports (including base wages) to unions.
According to the International Trade Union Confederation, the law
specifies that company information on wages is a commercial secret.
Lack of access to such information disadvantaged unions engaged in
collective bargaining. According to the International Labor
Organization (ILO), unions experienced the most difficulty engaging
employers in collective bargaining in the trade, tourism, and
agricultural sectors.
The law requires the designation of a majority union as the
exclusive bargaining agent for workers at an enterprise, a provision
that favors larger unions. The labor code also stipulates that there be
only one collective agreement per enterprise, covering all employees, a
provision that limits the ability of professional or ``craft'' unions
(the majority of new unions in the country) to represent their members.
Only an enterprise-level affiliate of a national trade union body may
negotiate with the employer, even if the majority union is an
independent or craft union. An employer has the right to refrain from
negotiating with trade unions whose membership does not comprise a
majority of an enterprise's workers. Smaller unions have the right to
send a representative to negotiations, but their participation depends
on the majority union and the employer. Employers who tried to
negotiate with smaller unions encountered difficulties, as demands were
often contradictory and unstructured.
In 2006, the FNPR reported that approximately 88 percent of its
enterprises had collective bargaining agreements. This figure did not
include other agreements that may not have been registered with the
Labor Ministry. The law states that collective agreements become
effective upon signature, whether registered or not.
The law prohibits antiunion discrimination, but management
harassment of union leaders and employees continued to be a problem.
Neither the ILO nor the FNPR characterized such harassment as a
political or large-scale trend. While high-level officials and
ministries generally were not antiunion, harassment occurred at the
local level. Union leaders were sometimes followed by security
services, detained for questioning by police, and subjected to heavy
fines, losses of bonuses, and demotions. Unregistered unions faced
operational constraints, such as difficulty in opening bank accounts
and collecting fees. There were, however, fewer reports of employers
using tax authorities or offices of the public prosecutor to put heavy
pressure on unions by initiating falsified investigations, which often
resulted in large decreases in union membership.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that such
practices occurred. According to credible reports, approximately one
million illegally employed migrants from other countries of the former
Soviet Union were forced to work without pay because the firms that
brought them into the country held their passports. There were also
reports that women, children, and men were trafficked for commercial
sexual exploitation and labor.
In August, police arrested two businessmen suspected of labor
exploitation in Gubakha, Perm Kray. According to prosecutors the
suspects had been detaining homeless persons since 2003 and forcing
them to work at construction sites. A criminal case opened in August.
Two articles were cited in the investigation-``Unlawful deprivation of
freedom'' and ``Unlawful use of slavery labor''-with possible penalties
of up to 10 years in prison. At year's end, the case was still in
progress.
While many North Koreans, Kyrgyz, Uzbeks, and Tajiks worked under
difficult circumstances in the country, they usually appeared to do so
voluntarily and for wages that were high by home country standards.
There were reported incidents in previous years of military
officers forcing soldiers under their charge to work for private
citizens or organizations, often under abusive conditions.
The law prohibits forced or bonded labor by children; however, such
practices reportedly occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
While the law is intended to protect children from exploitation in the
workplace and prohibits forced or compulsory labor, the Government did
not effectively implement laws and policies to protect children from
exploitation in the workplace, as it did not consider child labor a
social problem. There continued to be reports that children were
trafficked for commercial sexual exploitation and labor. According to
the NGO Children's Rights, it was difficult to pinpoint in which
sectors trafficked children worked due to the shadow economy in which
they were involved; however, they believed that the children's work was
primarily producing textiles.
While there have been no recent statistical studies, prosecutors
from around the country stated that the child labor problem was
worsening. However, the Ministry of Health and Social Development's
Federal Labor and Employment Service (FLES) and the Ministry of
Internal Affairs, which are responsible for child labor matters, did
not enforce the laws effectively. The law prohibits most employment of
children under the age of 16 and regulates the working conditions of
children under the age of 18, including prohibiting dangerous nighttime
and overtime work. Children are permitted, under certain conditions and
with the approval of a parent or guardian, to work at the age of 14.
Such work must not threaten a child's health or welfare.
The FLES is responsible for checking enterprises and organizations
for violations of labor and occupational health standards for minors.
Most serious violations of child labor and occupational health
standards were believed to occur in the informal sector. Local police
investigations only occurred in response to complaints.
Accepted social prohibitions against employing children and the
availability of adult workers at low wages generally prevented
widespread abuse of child labor. However, children working and living
on the streets remained a problem and were at heightened risk of being
trafficked.
e. Acceptable Conditions of Work.--The monthly minimum wage,
essentially an accounting reference for calculating transfer payments,
increased at the end of the year from 2,300 rubles ($63) to 4,330
rubles ($119). The amounts were not sufficient to provide a decent
standard of living for a worker and family. Monthly subsistence wages
have been set at the regional level since 2004 and averaged 3,880
rubles ($162) in 2007. Approximately 14 percent of the population had
incomes below the official subsistence minimum. According to official
statistics from the Ministry of Economic Development and Trade, one-
third of salaries were unreported; unofficial estimates claimed that up
to one-half of salaries were unreported.
The law provides for a standard workweek of 40 hours with at least
one 24-hour rest period and requires premium pay for overtime or work
on holidays; however, workers complained that employers required them
to work in excess of the standard workweek, abrogated negotiated labor
agreements, and transferred them against their will.
The law penalizes employers who pay their employees late or make
partial payments and requires employers to pay two-thirds of a worker's
salary if the worker remains idle by fault of the employer. Courts
often ruled in favor of employees seeking payment of back wages.
Collection, which had been difficult in previous years, improved.
Courts often insisted that cases be filed individually, in
contradiction to the Law on Trade Unions, thereby undercutting union
attempts to include the entire membership in one case. Individually
filed cases made for a lengthier process, one more difficult for the
individual worker, and one that left them more exposed to possible
retaliation.
Although the law establishes minimum conditions for workplace
safety and worker health, the Government did not allocate sufficient
resources to enforce these standards effectively. According to the
Center for Social and Labor Rights, approximately one-third of
employees worked under unsafe conditions. In many cases, workers wore
little protective equipment in factories, enterprises stored hazardous
materials in open areas, emergency exits were locked, and smoking was
permitted near flammable substances. The labor code requires businesses
employing more than 50 workers to establish a work safety division and
create a work safety specialist position; the code includes procedures
for investigating industrial accidents.
The law provides workers the right to remove themselves from
hazardous or life-threatening work situations without jeopardy to their
continued employment; however, the Government did not effectively
enforce this right. Many companies employing workers in hazardous
conditions (such as the mining industry) awarded bonuses based on
worker productivity, thereby encouraging workers to jeopardize their
safety for higher salaries. Statistics on safety violations and
workplace accidents and deaths were not complete or reliable, and the
risk of industrial accidents or death for workers remained high. Labor
inspectors, injury compensation offices, and RosStat collected limited
information on workplace accidents. The ILO cautioned that the number
of deaths was underreported by 70-90 percent. Accidents were rarely
reported in small and medium-sized businesses, while large companies
provided better reporting.
The law entitles foreign workers working legally in the country to
the same rights and protections as citizens. Foreign workers residing
and working illegally in the country were subject to deportation but
could seek recourse through the courts. According to the Federal
Migration Service, during the year the number of illegal migrants was
between five and eight million persons. According to independent
experts (Institute of Demographics, Center for Migration Studies, and
others) the number ranged between three and seven million persons. Most
of these migrants were citizens of other countries of the former Soviet
Union and were working for lower wages than Russian citizens and in
generally poor conditions.
Legislation passed in 2007 clarified labor laws for migrant
workers, and there were numerous examples of local authorities'
efforts, in collaboration with NGOs, to protect migrant workers from
exploitation. Nonetheless, during the year there continued to be
reports that migrant workers suffered from unequal access to employment
and health care.
__________
SAN MARINO
The Republic of San Marino, with a population of approximately
30,000, is a multiparty democracy. The popularly elected unicameral
Great and General Council (parliament) selects two of its members to
serve as captains regent (cochiefs of state). They preside over
meetings of the council and the Congress of State (cabinet), which has
no more than 10 other members (secretaries of state) selected by the
council. Parliamentary elections held on November 9 were considered
free and fair Civilian authorities generally maintained effective
control of the security forces.
The Government generally respected the human rights of its
citizens, and the law and judiciary provided effective means of
addressing individual instances of abuse. There were some reports of
violence against women.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards. The Government permitted visits
by independent human rights observers. The human rights commissioner of
the Council of Europe visited the penitentiary in January.
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 and Detention.--Suspects were apprehended openly with
warrants based on sufficient evidence and issued by a duly authorized
official. The law provides a detainee with the right to a prompt
judicial determination of the legality of the detention, and the
authorities generally respected this right in practice. There is a
well-functioning bail system. Detainees are allowed prompt access to
family members and to a lawyer of their choice; the state provides
legal assistance to indigent persons.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. Trials are
public and are presided over by a single judge. There are no provisions
for a jury trial. Defendants have the right to be present and to
consult with an attorney even during preliminary investigations.
Defendants can confront or question witnesses against them and present
witnesses and evidence on their behalf. They have access to government-
held evidence relevant to their cases. They enjoy a presumption of
innocence and have the right to two levels of appeal.
In case of legal actions against military personnel, a civil judge
is temporarily given a military grade and assigned to an ad hoc
military tribunal.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Judges act independently
and impartially on civil matters, and administrative as well as
judicial remedies exist for alleged wrongs, including human rights
violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. As
of March the country had 15,600 Internet users and more than 1,500
broadband connections.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for these rights and the Government generally respected them in
practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
The Catholic Church receives direct benefits from the Government's
income tax revenues; taxpayers may request that 0.3 percent of their
income tax payments be allocated to the Catholic Church, regulated
under a concordat with the Holy See, or to other charities, including
religious groups such as the Waldesian Church, the Baha'is, and
Jehovah's Witnesses-all of which are included in a registry of cultural
associations.
The Government does not require official recognition, registration,
or licensing for religious groups. However, it requires legal status
for tax or other commercial purposes.
Societal Abuses and Discrimination.--There were small numbers of
Muslims, Jews, and other religious groups in the country. During the
year there were no reports of violence or discrimination against
religious minorities or of anti-Semitic acts.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government was committed to cooperating with the Office
of the UN High Commissioner for Refugees and other humanitarian
organizations in providing protection and assistance to refugees,
asylum seekers, stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--While the law does not provide for the
granting of asylum or refugee status in accordance with the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol,
the Government has a system for providing protection to refugees. In
practice, the Government provided protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened. 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 held on the basis of universal
suffrage.
Elections and Political Participation.--Parliamentary elections
held on November 9 were considered generally free and fair. The ``Pact
for San Marino,'' a Center-Right coalition led by the Christian
Democratic Party, won 35 of the 60 seats in the Great and General
Council (the unicameral parliament).
Political parties could operate without restriction or outside
interference.
Nine women were elected to the Great and General Council in the
November elections, and two women were in the 10-member Congress of
State.
There were no members of minorities in the Government.
Government Corruption and 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 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no domestic human rights organizations, although the
Government did not restrict their formation. The Government declared
itself open to investigations by international nongovernmental
organizations (NGOs) of alleged human rights abuses; there were no
known complaints or requests for investigations during the year.
Section 5. 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.
On June 20, the parliament approved a law entitled ``Prevention and
Repression of Violence against Women and Gender Violence,'' which
defines proscribed acts against women, including domestic violence, and
establishes a framework for state protection and assistance to victims
and their families in all civil, criminal, or administrative
proceedings, including legal assistance free of charge.
Women.--Rape, including spousal rape, is a criminal offense, and
the Government effectively prosecuted persons accused of such crimes.
The penalty for rape is two to six years' imprisonment. In the case of
aggravating circumstances, the penalty is four to 10 years'
imprisonment. There were no reports of rape during the year.
The law prohibits violence against women, and the Government
effectively enforced it. The penalty for spousal abuse is two to six
years' imprisonment. In the case of aggravating circumstances, the
penalty is four to 10 years' imprisonment. According to official
sources, there were 25 cases of violence against women during the year.
Prostitution is illegal and was not common. No arrests were
reported during the year.
Sexual harassment is prohibited, and the Government effectively
enforced the law. There were no reports of sexual harassment during the
year.
Women enjoy the same rights as men, including rights under family
law, property law, and in the judicial system. There was no reported
economic discrimination against women in pay, employment, or working
conditions. There was no special government office to ensure the legal
rights of women.
Children.--The Government was committed to children's rights and
welfare.
Violence against or abuse of children was uncommon. According to
government sources, there were six cases of violence against minors.
Trafficking in Persons.--All forms of trafficking in persons became
a criminal offense as of June 20, under a law replacing (and
broadening) the penal codes' trafficking in slaves crime. The penalty
for trafficking in persons is 10 to 20 years' imprisonment. If the
trafficking involves minors, prostitution, or the taking of organs, the
penalty is from 14 to 24 years' imprisonment. There were no reports
that persons were trafficked to, from, or within the country during the
year.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities 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.
Other Societal Abuses and Discrimination.--There were no reports of
discrimination based on sexual orientation.
There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
a. The Right of Association.--By law all workers (except those in
the Gendarmerie and National Guard) are free to form and join
independent unions of their choice, and workers exercised this right.
The law sets the conditions to establish labor unions. Union members
constituted an estimated 50 percent of the workforce, which numbered
approximately 15,000 citizens plus 6,000 workers who resided in Italy.
The law allows all civilian workers, including the civil police, the
right to strike, and workers exercised this right. A ``conciliatory
committee'' composed of representatives from labor, business, and
government generally resolved complaints of antiunion discrimination
amicably.
b. The Right to Organize and Bargain Collectively.--The law
prohibits antiunion discrimination and allows unions to conduct their
activities without interference, and the Government protected this
right in practice. Collective bargaining agreements have the force of
law and are applicable to all workers, whether unionized or not.
Negotiations were conducted freely, often in the presence of government
officials by invitation from both unions and employer associations.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively enforced laws and policies to protect children
from exploitation in the workplace. The minimum age for employment is
16, and the Ministry of Labor and Cooperation granted no exceptions.
The law does not limit children between the ages of 16 and 18 from any
type of legal work activity. The Government devoted adequate resources
and oversight to child labor policies, and the Ministry of Labor and
Cooperation effectively enforced compliance with the law.
e. Acceptable Conditions of Work.--The national minimum wage is
7.04 euros (approximately $9.92) per hour. According to NGOs, this
amount did not provide a decent standard of living for a worker and
family who do not own their own home. However, 90 percent of citizens
owned their own homes, and wages generally were higher than the minimum
provided by law.
The law sets the workweek at 36 hours in the public sector and 37.5
hours for industry and private businesses, with 24 consecutive hours of
rest per week mandated for workers in both categories. The law requires
a premium payment for overtime and allows a maximum of two hours of
overtime per day. There was effective enforcement of laws and industry
contracts that prohibit excessive compulsory overtime.
The Government set safety and health standards, and the judicial
system effectively enforced these standards. Most workplaces complied
with the standards. However, there were exceptions, especially in the
construction industry, where some employers did not consistently abide
by safety regulations, such as work hour limitations. There were no
serious on-the-job injuries reported during the year. Workers have the
right to remove themselves from situations that endanger health or
safety without jeopardy to their employment, and the authorities
effectively enforced this right.
__________
SERBIA
The Republic of Serbia is a parliamentary democracy with
approximately 7.5 million inhabitants. Boris Tadic was reelected
president on February 3. On May 11, voters elected a new parliament,
with some minority ethnic parties winning seats. Observers deemed both
elections to be mostly in line with international standards. On July 8,
President Tadic selected Mirko Cvetkovic to be prime minister and lead
the country's coalition government. Democratic parties formed a ruling
coalition within constitutionally prescribed time limits. Civilian
authorities generally maintained effective control of the security
forces.
The Government generally respected the human rights of its
citizens; however, the following human rights problems were reported:
police brutality; corruption in the police and the judiciary;
inefficient and lengthy trials; government inability to apprehend the
two remaining fugitive war crimes suspects under indictment of the
International Criminal Tribunal for the former Yugoslavia (ICTY);
harassment of journalists, human rights advocates, and others critical
of the Government; limitations on freedom of speech and religion;
societal intolerance and discrimination against ethnic and religious
minorities, particularly Roma; large numbers of internally displaced
persons; violence against women and children; and trafficking in
persons.
During the year the Government arrested and extradited Stojan
Zupljanin and Radovan Karadzic, two of the final four indictees sought
by the ICTY for war crimes.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
on August 15, Ranko Panic died from internal injuries after police
allegedly beat him during a July 29 pro-Radovan Karadzic demonstration.
On September 16, Interior Ministry director of police Milorad Veljovic
suspended six officers from Belgrade, Nis, and Novi Sad, including a
senior commander, and initiated disciplinary proceedings against them
for exceeding their authority during the demonstration. On November 7,
the republican public prosecutor's office announced that Panic died as
a result of injuries incurred during the beating and launched a joint
investigation with the police to determine who inflicted the injuries.
The investigation continued at year's end.
On March 21, Knjazevac municipal court President Dragisa Cvejic
died from injuries suffered when a hand grenade exploded as he left his
home for work. Police arrested Ivan Stojadinovic, Denis Ivanovic, and
Elvis Catakovic on suspicion of involvement in the attack, but
subsequently released Ivanovic and Catakovic. Police suspected that
Cvejic's killing was related to his work as a judge. Stojadinovic's
trial in the Zajecar municipal court was pending at year's end.
On January 18, Judge Milimir Lukic of the Belgrade District Court
sentenced Milorad Ulemek, former commander of the Special Operations
Unit (JSO), and three members of the Zemun organized crime group to
maximum sentences of 40 years' imprisonment for a total of 18 murders,
three kidnappings, and two bombings that were classified as terrorist
attacks. Of the 30 initial indictees, 26 were convicted and sentenced.
On August 6, Judge Lukic signed the verdict; the Office of the Special
Prosecutor for Organized Crime appealed the verdict on August 27,
citing violations of criminal procedure regulations and incomplete
facts.
On February 8, the Special Prosecutor's Office submitted a request
for further investigation into the 1999 killing of prominent
independent journalist Slavko Curuvija, owner of the Dnevni Telegraf
newspaper and Evropljanin magazine. In August Special Prosecutor Miljko
Radisavljevic announced that he would request a formal court
investigation in September, but the investigation had not begun as of
year's end.
During the year authorities reviewed forensic evidence in the
investigation into the 2004 deaths of Dragan Jakovljevic and Drazen
Milovanovic, two guards from Belgrade's Topcider military facility.
Prior to the investigation, a military commission pronounced the deaths
suicides, while an independent commission determined they were murders.
The Government continued to investigate the disappearance and
subsequent killing of Ylli, Mehmet, and Agron Bytyqi in 1999. The
bodies of the three U.S. citizen brothers were recovered, with hands
bound and gunshot wounds to their heads, in 2001 from a mass grave in
rural Petrovo Selo, near a police facility. On June 9 and 10, the
special war crimes court questioned police trainees and employees at
the facility, as well as Slobodan Borisavljevic, General Vlastimir
Djordjevic's former chief of staff. Djordjevic was head of the state
security forces at the time of the killings. In July, Goran
Radosavljevic, former head of the gendarmerie, also appeared as a
witness. In October the special war crimes court resumed the trial of
Sreten Popovic and Milos Stojanovic, two former members of the police
unit accused of the killings.
On June 20, the Supreme Court sentenced 10 persons involved in the
1999 killing of four Serbian Renewal Movement members and the attempted
assassination of movement leader Vuk Draskovic. Milorad Ulemek and Rade
Markovic, the former head of the state security service, received 40-
year sentences, while Nenad Ilic, Dusko Maricic Gumar, Nenad Bujosevic,
Branko Bercek, Leonid Milivojevic, Mihalj Kertes, Dragisa Dinic, and
Vidan Mihajlovic were also convicted.
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.
On February 8, the trial of eight police officers for the 1999
killing of 48 ethnic Albanians in Suva Reka, Kosovo resumed. On June 4,
retired Yugoslav Army general Bozidar Delic testified on behalf of the
defense. During September and October the court heard testimony from
crime scene investigators and local police officers. The trial
continued at year's end.
On April 17, the war crimes chamber began hearing the trial in the
1991 killing of over 70 civilians in the village of Lovas, Croatia. The
defendants included four former members of territorial defense units,
four Yugoslav National Army (JNA) members, and six members of the
``Dusan Silni'' paramilitary unit. In September and October the defense
put on its case. Radovan Vlajkovic, a former JNA reservist, denied
forcing civilians to walk across a minefield and blamed the ``Dusan
Silni'' commander for any abuses that took place. Also in September the
Supreme Court accepted a defense appeal and released one of the
defendants, Jovan Dimitrijevic, from custody during the trial. The
trial continued at year's end.
On April 22, the war crimes prosecutor indicted four members of the
Scorpions paramilitary unit for the 1999 killing of 14 ethnic Albanians
in the town of Podujevo, Kosovo; their trial began in September. A
court had previously convicted Scorpions member Sasa Cvjetan and
sentenced him to 20 years' imprisonment.
On May 12, the war crimes prosecutor indicted Sasa Djilerdzica and
Goran Savic for war crimes against civilians in Zvornik, Bosnia and
Herzegovina in 1992.
On May 26, the war crimes prosecutor indicted Boro Trbojevic for
the 1991 killing of five civilians in Grubisno Polje, Croatia. The
District Court in Bjelovar, Croatia previously sentenced Trbojevic in
absentia to 20 years' imprisonment for crimes committed in the villages
of Topolovica and Velika Peratovica. The case was one of 12 that the
Croatian national prosecutor passed to the Serbian war crimes
prosecutor under an agreement between the two countries regarding
cooperation in prosecuting war crimes.
On June 12, the war crimes chamber issued a judgement in the
Zvornik case, the first war crimes case which the ICTY partially
transferred back to Serbia for adjudication. Dragan Slavkovic, Ivan
Korac, and Sinisa Filipovic, members of the Yellow Wasp paramilitary
group, were sentenced to 15, 13, and three years respectively for
involvement in the 1992 killing of 21 Bosnian Muslims and the expulsion
of 1,822 civilians in the Zvornik region of Bosnia and Herzegovina; a
fourth suspect, Dragutin Dragicevic, was acquitted. On August 5, the
war crimes prosecutor announced the indictment of Branko Grujic and
Branko Popovic, leader of the self-proclaimed ``interim government of
the Serbian municipality of Zvornik.'' The charges included
imprisonment, inhumane treatment, and the deaths of over 700 persons,
270 of whom have been exhumed from mass graves in Crni Vrh and Grbavci
and identified.
On July 17, the war crimes prosecutor requested an investigation of
Fatmir Limaj and 27 Kosovo Liberation Army (KLA) members in connection
with the killing of 22 ethnic Serb and Albanian civilians in the Kosovo
municipalities of Lipljan, Stimlje, and Glogovac in 1998. The ICTY
acquitted Limaj of unrelated charges in 2005.
There were developments in the Ovcara case (also known as the
Vukovar massacre). On January 21, former JNA officer and acquitted ICTY
indictee Miroslav Radic testified at the retrial of 14 former Serb
militia members convicted in 2005 of murder, torture, and inhuman
treatment of more than 200 Croatian prisoners of war at the Ovcara farm
near Vukovar in November 1991. In September a witness testified that
defendant Stanko Vujanovic had control over detainees in Ovcara and
that numerous trucks with 20-30 people each left the camp in the
evening of November 1991.
On April 14, the war crimes prosecutor announced that the Norwegian
government would extradite indicted suspect Damir Sireta to Serbia.
Prosecutors alleged that Sireta participated in the Ovcara killings as
a member of the Vukovar Territorial Defense unit; his trial began in
December.
On August 29, the war crimes prosecutor requested the war crimes
chamber of the Belgrade District Court open an investigation of U.S.
citizen Peter Egner on suspicion of having committed crimes in Belgrade
during World War II as a member of the Gestapo. The request accused
Egner of war crimes against civilians, including genocide, related to
the killing of 17,000 Serb civilians at the Staro Sajmiste
concentration camp between 1941 and 1943. On September 26, the war
crimes chamber granted the request and opened an investigation. The war
crimes prosecutor also requested documentation from the United States
that would support a request to extradite Egner to Serbia.
On September 24, the war crimes prosecutor filed a request for
investigation against Sandor Kepiro for war crimes allegedly committed
in Novi Sad in 1942. Kepiro, who now lives in Hungary, was suspected of
participating in the killing of at least 2,000 Serbs and Serbian Jews.
On December 12, the war crimes prosecutor asked the war crimes
chamber of the Belgrade District Court to order Nenad Malic taken into
custody in connection with charges that he, as a member of the Sixth
Krajina Brigade of the Republika Srpska Army, committed war crimes
against three Muslim civilians in Bosnia and Herzegovina in 1992. On
December 19, the war crimes chamber granted the request and ordered
Malic placed into custody for one month.
On December 26, special police anti-terrorist units and
gendarmerie, acting on information provided by the war crimes
prosecutor, arrested nine ethnic Albanian Serbian citizens accused of
war crimes, including involvement in the kidnappings of 159 Serb
civilians and the killing and rape of at least 51 persons in the area
of Gnjilane, Kosovo between June and October 1999. On December 29, a
war crimes chamber investigating judge ordered the suspects, allegedly
members of the KLA's Foreign Legion branch, to be held in pretrial
detention for 30 days.
b. Disappearance.--There were no reports of politically motivated
disappearances.
The Government continued to make modest progress in cooperating
with neighboring countries, the International Commission on Missing
Persons, and other international organizations to identify missing
persons from the Kosovo conflict. In September, the Humanitarian Law
Center (HLC) issued a press release stating that the Ministry of
Defense had begun cooperating with HLC on members of the army who were
killed or went missing in Kosovo, but that the Interior Ministry had
not yet responded to a request submitted for obtaining access to
information on killed and missing members of the police force. During
the year, the International Committee of the Red Cross (ICRC) chaired
three meetings of the Working Group on Missing Persons, which included
government representatives from both Serbia and Kosovo. The total
number of persons still unaccounted for from the Kosovo conflict stood
at approximately 1,900 at year's end. During the year, 60 cases were
closed, and all bodies uncovered in Serbia were returned to Kosovo.
According to the ICRC, case files of 1,250 families with family members
missing as a result of the regional conflicts remained open.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
police at times beat detainees and harassed persons, usually during
arrest or initial detention for petty crimes.
On August 4, officers in Kursumlija allegedly beat Ivica and Toni
Jovanovic, two Romani brothers accused in the theft of a water meter,
in an effort to extract a confession. After more than 450 Kursumlija
residents signed a petition calling for an investigation, the Interior
Ministry suspended three officers and initiated disciplinary
proceedings. Those suspended included Inspector Miljan Komnenovic, who
had been the subject of two prior brutality complaints filed by the
Committees for Human Rights in Serbia (CHRIS). Those cases also
remained pending. Police released the Jovanovics after arresting other
suspects in the theft.
In September unidentified plainclothes police officers allegedly
beat three youths in Brus. The police detained the youths on suspicion
that they robbed a gas station. Eighteen-year-old A.R. suffered the
most severe injuries, including a broken eardrum and numerous bruises
on his body. In December CHRIS lawyers criticized the Interior Ministry
for failing to identify the plainclothes officers after a three-month
investigation, even though the youths provided detailed physical
descriptions of the officers and stated that they spoke with a Belgrade
accent. According to CHRIS, the police did not take any actions by
year's end to identify the perpetrators.
On November 9, four Valjevo police officers allegedly beat and
abused Goran Z., Aleksandar S., and Zarko Dj. at the Valjevo police
station. On December 17, the Valjevo district prosecutor requested an
investigation against Dejan R., a 29-year-old police officer, for
involvement in this incident. The Valjevo police directorate confirmed
the existence of a criminal complaint against Dejan R. and that he had
been suspended from duty on the basis of the complaint and disciplinary
procedures. The directorate initiated disciplinary procedures against
the other three unidentified officers but did not suspend them.
On December 14, three police officers in Arandjelovac allegedly
beat college student Nemanja Mijaljevic after he failed to obey a
command to stop his vehicle at a checkpoint. Mijaljevic admitted to
drinking and alleged that the police offered to dismiss drunk-driving
charges if he remained silent about the beating. On December 16, Nikola
Tkalec, a 72-year old neighbor, confirmed that he witnessed a group of
people beating someone at the location where police stopped Mijaljevic.
Interior Minister Ivica Dacic announced on December 16 that a
commission from the police directorate in Belgrade had been sent to
Arandjelovac to investigate and promised criminal prosecution if it was
determined that officers beat Mijaljevic. On December 18, the police
filed criminal charges against Dr. Svetlana Grujic, alleging that she
falsified the initial medical report by stating that Mijaljevic
suffered a broken rib and severe concussion when in reality he had a
scraped nose.
Participants in the February 21 demonstration against Kosovo's
independence declaration engaged in looting and property destruction.
Police initially protected foreign embassies but then withdrew, which
allowed mobs to attack the embassies, causing serious damage and the
death of Zoran Vujovic, one of the protesters. Some government
officials made public statements justifying and inciting violence. On
February 29, prosecutors announced the filing of 44 indictments against
80 suspects in the violence. On March 1, the Belgrade District Court
investigative judge initiated an investigation against Milan Zivanovic
for grave offenses against general safety and aggravated larceny in
connection with the embassy attacks. On June 2, Belgrade prosecutors
requested investigations against 38 additional suspects for charges
including aggravated larceny, joint criminal enterprise, and preventing
officials from discharging official duties.
In April the District Court in Nis dismissed a June 2007 verdict
against four police officers from Doljevac for the 2003 torture and
interrogation of an 11-year-old girl in the village of Sarlinac and
ordered a new trial, which began in July and continued at year's end.
The Youth Initiative for Human Rights (YIHR) had criticized the initial
sentence as far too lenient.
There was no further information available on the following 2006
cases: the police beating of Kikinda resident Mihalj Koloncaj; the
series of incidents in which police inspector Tomislav Lendvai
allegedly beat and sexually assaulted two residents of Subotica; and
the case of the gendarmerie unit led by Mileta Novakovic that allegedly
used excessive force on a crowd of rowdy basketball fans.
Prison and Detention Center Conditions.--Prison conditions varied
greatly among facilities. The media reported prison overcrowding, and
Damir Joka, head of the Department for the Treatment of Prisoners,
stated in October that the country had 9,400 prisoners incarcerated in
28 prisons, almost double the official capacity established by his
department. An additional 6,500 persons were waiting for prison
placement. In some prisons inmates continued to complain of dirty and
inhuman conditions. The quality of food varied from poor to minimally
acceptable, and health care was often inadequate. Guards were
inadequately trained in the proper handling of prisoners.
According to media reports, in 2007 nine prisoners committed
suicide, 67 inmates attempted suicide, and 215 prisoners physically
injured themselves as a sign of protest. There were 352 hunger strikes,
and the incidence of infectious diseases and addiction increased.
Prison authorities registered 6,580 substance abusers, 27 HIV positive
inmates, and 1,931 cases of hepatitis B and C.
The Government permitted the ICRC and local independent human
rights monitors, including the Helsinki Committee for Human Rights in
Serbia (HCS), to visit prisons and to speak with prisoners without the
presence of a warden. Reports from HCS and the Council of Europe's
Committee for the Prevention of Torture (CPT), released in 2006, were
critical of prison conditions, including poor facilities, corruption of
prison officials, and mistreatment of prisoners, although HCS did note
some improvements since its 2005 report. The CPT report also found that
facilities lacked appropriate procedures to deal with prisoner
allegations of mistreatment.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--The country's
approximately 43,000 police officers fall under the authority of the
Interior Ministry. The police are divided into four main departments,
which supervise 33 regional secretariats that report to the national
government.
The effectiveness of the police was uneven. While most officers
were Serbs, the force included Bosniaks (Slavic Muslims), ethnic
Hungarians, ethnic Montenegrins, a small number of ethnic Albanians,
and other minorities. The police force in southern Serbia was composed
primarily of Serbs, although there were small numbers of ethnic
Albanian officers.
There were reports of police corruption and impunity, which the
Government took measures to address during the year.
On December 24, the Sabac police directorate and the Belgrade
criminal investigation department arrested 16 border police officers
from the Gucevo border police station on charges that the officers
accepted bribes from four individuals in order to facilitate smuggling
of cattle across the Drina River to Bosnia and Herzegovina.
In January, the municipal court in Negotin completed an
investigation against nine Kladovo border police officers, three
customs officers, and one entrepreneur from Kosovo in connection with
October 2007 charges that the border police allegedly received bribes
and allowed customs-free transport of goods across the Serbia-Kosovo
border. A trial was not scheduled at year's end.
Arrest and Detention.--Arrests were generally based on warrants,
although police were authorized to make warrantless arrests in limited
circumstances, including well-founded suspicion of a capital crime. The
law requires an investigating judge to approve any detention over 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 law 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 generally respected this right in
practice. Family members were normally allowed to visit detainees.
Suspects detained in connection with serious crimes can be detained 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.
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, as well as use in court of evidence
acquired by such means; however, police sometimes used these means to
obtain statements.
According to press reports, just over 20 percent of the prison
population was in pretrial remand. The law limits the length of
pretrial detention from indictment to the conclusion of a trial to two
years for most cases, but allows detention for up to four years for
crimes that carry up to the maximum penalty (40 years in prison). The
law sets two years as the maximum detention permitted after an
appellate court vacates the judgment of a trial court. Nonetheless,
prolonged pretrial detention was a problem. Due to inefficient court
procedures, some of which were required by law, cases often took
extended periods to come to trial; once begun, trials often took a long
time to complete.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the courts remained susceptible
to corruption and political influence, and judicial corruption was a
problem. Observers believed that judicial reform, particularly
replacement of judges appointed during the Milosevic era, was essential
to eliminating corruption. The 2006 constitution expanded the role
played by the High Judicial Council (HJC) in the appointment of judges,
and gives the parliament the right to appoint eight of its 11 members.
Human rights groups and the independent Association of Judges
criticized this provision for giving the parliament a controlling voice
in judicial appointments and affairs. Parliament adopted implementing
legislation for the HJC on December 22.
Judges and prosecutors-particularly those handling organized crime
and war crimes-frequently received death threats or were subject to
physical attack. On February 6, unknown assailants attacked and
seriously injured Belgrade judge Milica Trbovic-Svilarevic. On March
21, an exploding hand grenade killed Dragisa Cvejic, president of the
Knjazevac municipal court, outside his home. On April 15, Nebojsa
Stojicic, president of the municipal court in Leskovac, discovered a
hand grenade in his official vehicle. War crimes prosecutor Vladimir
Vukcevic received death threats from within the country and abroad
following the arrests of Stojan Zupljanin and Radovan Karadzic. Supreme
Court President Vida Petrovic Skero noted that in an environment where
judges have been murdered, it is very difficult for judges to
effectively safeguard the rights of individuals who come before the
courts.
In contrast to previous years, there were no specific reports that
officials attempted to undermine politically sensitive prosecutions.
During the year, however, Supreme Court President Skero stated that it
was ``necessary to establish responsibility for pressure placed on the
judiciary by the media and politicians and to ensure that government
representatives refrain from commenting on court decisions.'' On
November 26, the Association of Judges protested statements made during
parliamentary debate of a judicial reform package. The association
stated that MPs, by voicing false information and commenting on court
decisions, exerted pressure on judges and created ``an atmosphere akin
to lynching.''
On February 29, acting chief republic prosecutor Slobodan
Radovanovic announced the suspension of Zrenjanin district prosecutor
Dragan Lazic on suspicion of bribery following an investigation that
revealed serious irregularities in his work. Lazic reportedly delayed
trials of executives of a local brick factory and received a large
quantity of construction materials as bribes.
On March 10, Smederevo prosecutors indicted former Belgrade
district prosecutor Rade Terzic for abuse of official authority. In
late March, the Smederevo court ruled that it had no jurisdiction over
the case and transferred the case to Belgrade, which in turn appealed
to the Supreme Court because Terzic had previously acted as prosecutor
before the Belgrade court. In May the Supreme Court granted the appeal
and ordered the case to be tried before the Smederevo court. The trial
was pending at year's end.
On May 28, a Belgrade court adjourned the trial of former deputy
public prosecutor Milorad Cvijovic due to Cvijovic's illness. On
September 15, the court again postponed the case. On October 9, the
parliament revoked Cvijovic's immunity, and he was placed in detention.
Cvijovic was charged with the unauthorized appropriation of a court
document from the archives of the state prosecutor's office in 2005 in
order to influence proceedings in a commercial case. The trial was
ongoing at year's end.
The private sector considered corruption in the commercial courts
to be widespread. Land transfers often were difficult to conclude,
leading many in the private sector to allege administrative corruption.
It was unclear, however, to what extent these problems were due to
corruption rather than bureaucratic inefficiency.
The courts were inefficient, and cases could take years to be
resolved. On December 9, Justice Ministry State Secretary Slobodan
Homen stated that 1,000 criminal cases had been in the courts for more
than 10 years. The number of judges at the main courts was inadequate
to meet the increasing caseload. During the year, Supreme Court
President Skero criticized the parliament for failing to act upon the
nominations of more than 100 proposed judges. A lack of professional
court administration, the existence of a centralized budget for all
courts managed by the Ministry of Justice, and failure to invest in
professional personnel and modern infrastructure contributed to the
problem. In many cases, unwieldy procedures required by the law
contributed to delays.
The judicial system consists of municipal courts, District Courts,
commercial courts, a Supreme Court, a Constitutional Court, an
administrative court, and courts of appeal. The law also provides for
special courts within the Belgrade District Court for war crimes and
organized crime. The law provides for a Constitutional Court, an
administrative appeals court, and a second instance appeals court to
reduce the Supreme Court's caseload.
On December 22, parliament adopted a set of laws required by the
2006 constitution to regulate the courts. This judicial reform package
created a new network of courts that would reduce the number of
municipal courts, consolidate others, and cut the number of judges from
2,500 to 2,000. The law also requires the HJC to select new judges for
all courts. While the Association of Judges criticized this provision
as undermining the constitution's guarantee of life tenure for judges
(unless dismissed for misconduct), other observers welcomed this step.
Trial Procedures.--Trials are generally public, but they are closed
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. These rights were
generally respected in practice.
The criminal procedure code, adopted in 2006, introduced
prosecutor-led investigation, plea bargaining, and use of special
investigative techniques, such as wiretaps and undercover operations,
but parliament had not passed legislation to implement these changes by
year's end.
The special war crimes chamber continued trying war crimes cases.
According to the law, evidence gathered by special investigative
techniques is admissible.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
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 generally involved monetary awards.
Property Restitution.--During the year a government commission
continued to register claims of foreign owners and their successors for
private property seized since 1945. The deadline for citizens to file
claims expired in 2006. However, the Government made no progress toward
enacting a private property restitution law or in returning property.
The Government enacted a law on restitution of communal property in
2006, but it took no significant action to register claims or return
communal property.
The law set a deadline of September 30 for churches and religious
communities to register claims. There were 3,059 claims registered; the
Government Directorate for Restitution of Communal and Religious
Property also was in contact with a number of claimants who did not
file complete documentation. As of December 20, approximately 15,000
square acres of land (including woods, agricultural land, and
construction lots) were returned to claimants, the largest portion of
which went to the Serbian Orthodox Church. The Catholic Church received
property in Pancevo and Sremska Mitrovica, while the Jewish community
received approximately 5,400 square feet of apartments and business
space in Belgrade.
The Union of Jewish Communities has noted that the country has not
ensured the restitution of private Jewish property that was
expropriated, mainly between 1941 and 1944. Its representatives also
expressed concern that linking religious community restitution with
individual restitution would cause delays.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions;
however, the Government interfered with privacy and correspondence.
While the law requires the Interior Ministry to obtain a court order
before monitoring potential criminal activity and police to obtain a
warrant before entering property except to save people or possessions,
police occasionally did not respect these provisions in practice.
In December, the Agency for Privatization published on its website
and in Politika newspaper a list containing the full names, one
parent's name, and personal identification numbers of 169,411 citizens
who did not qualify to participate in the distribution of free shares
in the privatization of state-owned enterprises. Rodoljub Sabic, the
commissioner for information of public importance, and human rights
organizations criticized publication of the information as a violation
of the Data Protection Act adopted in October and citizens' right to
privacy.
Most observers believed that authorities selectively monitored
communications, eavesdropped on conversations, read mail and e-mail,
and tapped telephones. Human rights leaders also believed that their
communications were monitored.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and the Press.--The law provides for freedom
of speech and of the press; however, there were reports that the
Government interfered with these freedoms. Generally, the press were
not limited or prevented from criticizing the Government publicly or
privately.
Parliament approves the budget of the independent Republic
Broadcast Agency (RBA), which has broad authority to revoke radio and
television station licenses without the right of appeal; however, it
did not revoke any national broadcasting licenses during the year.
The print media were mostly independent and privately owned. The
oldest nationwide daily, Politika, was co-owned by a German company and
the Government but operated by several shareholding companies.
Politika's reporting and editorials continued to have a progovernment
slant, particularly during the May parliamentary elections.
Broadcast media were mostly independent and privately owned,
although privatization of municipally owned media was not yet
completed. 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' coverage was
generally 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. Independent news agencies BETA and FONET complained that state
financing gave Tanjug unfair commercial advantage.
Binding RBA instructions required RTS to broadcast parliamentary
sessions live, despite RTS' complaints that it suffered financial and
advertising losses as a result. RTS' managing board stated that the
order directly interfered with its editorial policy. The Organization
for Security and Cooperation in Europe (OSCE) Mission in the country
expressed concern that the RBA's decision was not in accordance with
European media freedom standards.
Independent media organizations were generally active and expressed
a wide range of views; however, some media organizations experienced
threats or reprisals for publishing views critical of the Government.
During the year, particularly during the preelection period and after
Kosovo's independence declaration, there were increased concerns about
declining professional and ethical standards and the rise of tabloid
journalism.
During the year, some reporters and media organizations were
victims of vandalism, bomb threats, and intimidation 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. In July protesters attacked reporters from FoNet and B92 who
were reporting on protests organized following the arrest of Radovan
Karadzic. On July 24, Bosko Brankovic, a cameraman for B92, was
attacked while filming a protest and suffered a broken shin. The
incident reportedly took place in the immediate vicinity of police
officers who did not react, although the police later arrested Milan
Savatric, Nikola Lazic, and Stefan Milicevic in connection with the
attack. Their trial began in the third District Court in Belgrade in
December and was ongoing at year's end.
Several journalists and reporters were injured in February during
Kosovo-related protests in Belgrade. According to the Association of
Independent Electronic Media (ANEM), protestors attacked Dirk Jan
Viser, a Dutch reporter for Handelsblad, during protests at the U.S.
Embassy. Protestors allegedly also beat two journalists from Russia
Today, Andrei Fyodorov and Andrei Pavlov. The police prevented an
attempted arson attack and assault on Radio Television B92.
Independent media associations criticized government officials for
making statements seen as justifying assaults on the media. Following
violent protests over Kosovo's independence declaration, former
infrastructure minister Velimir Ilic stated that the ``breaking of
windows was a democratic act,'' while the former minister for Kosovo,
Slobodan Samardzic, stated that violent incidents at Kosovo border
crossings in which several journalists were attacked were ``in line''
with government policy.
During protests organized from July through September by the right-
wing groups Obraz and 1389 in support of Radovan Karadzic, protestors
on several occasions entered the Beta News Agency premises by force,
demanding that their official statements be published.
Late in the year, Vukasin Obradovic, owner of the weekly Novine
Vranjske, and his family received several death threats following the
publication of articles alleging connections between a local political
party and an organized crime group reportedly engaged in money
laundering. Obradovic had been the target of numerous death threats in
recent years.
The Government did not censor the media, but journalists sometimes
practiced self-censorship due to possible libel suits and fear of
offending the public, particularly on subjects relating to corruption.
Human rights activists charged that they were subjects of smear
campaigns in the majority of media for expressing views critical of the
Government or that challenged the popular narrative regarding the
country's role in the wars of the 1990s.
Libel is a criminal offense; those convicted of libel face
imprisonment or fines of 40,000 to one million dinars (approximately
$720 to $18,000).
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.
On August 25, following public criticism, the telecommunications
agency withdrew a proposed regulation to require Internet operators to
provide state institutions access to client information as part of a
system for the legal surveillance of telecommunications. Under the
proposal, Internet providers would have to enable at their own expense
autonomous surveillance of clients' Internet activities and reroute
incoming and outgoing traffic to authorized agencies, the police, and
the Security Information Agency (BIA). The ombudsman, the commissioner
for information of public importance, the Lawyers' Committee for Human
Rights (YUCOM), and ANEM opposed the proposal.
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 it in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice; however,
the Government maintained a discriminatory law on religion and a
discriminatory property tax. In contrast to previous years, government
officials did not criticize minority religious groups using pejorative
terms.
While there is no state religion, the majority Serbian Orthodox
Church continued to receive some preferential treatment.
The law recognizes seven ``traditional'' religious communities (the
Serbian Orthodox Church, the Roman Catholic Church, the Slovak
Evangelical Church, the Reformed Christian Church, the Evangelical
Christian Church, the Islamic community, and the Jewish community) and
requires all ``nontraditional'' religious groups to register with the
Ministry of Religion. The ministry has discretion to decide whether to
grant approval to ``nontraditional'' groups. Many minority religious
groups which attempted to register with the ministry reported confusing
and irregular procedures. Throughout the year, nontraditional religious
communities and NGOs continued to advocate changing the law.
Four of the seven nontraditional religious communities denied
registration appealed to the Supreme Court. On June 10, the Supreme
Court ruled that the Ministry of Religion violated procedures in
November 2007, when it failed to register the Montenegrin Orthodox
Church, and ordered the ministry to reconsider the application. After
the ministry rejected the application a second time, the Montenegrin
Orthodox Church filed a new appeal, which was pending before the
Supreme Court at year's end.
Tax law exempts property owned by the seven recognized traditional
religious groups, although a challenge to the law was pending in the
Constitutional Court at year's end. The complaint was filed 2006 on
behalf of the Union of Protestant-Evangelical Churches in Serbia; there
was no further information available at year's end.
Non-Serbian Orthodox religious organizations continued to report
difficulty obtaining permission from local authorities to build new
worship facilities. The League of Baptists in Belgrade, which conducted
its services and other activities in an old building it purchased to
use as a church, reported that the municipal authority continued to
refuse, without explanation, a permit to renovate the building. The
Romanian Orthodox Church continued to receive no response to its permit
request to build a monastery in Vojvodina.
The law requires students in primary and secondary schools either
to attend classes of one of the seven traditional religious communities
or take a civic education class. Leaders of religious groups excluded
from the program continued to express dissatisfaction at the
Government's narrow definition of religion. The appointment of new
religious teachers-supporters of the Belgrade-based Islamic Community
of Serbia-in elementary schools in Tutin and Sjenica, provoked protests
from the Novi Pazar-based Islamic Community in Serbia that the teachers
were unqualified.
Unlike in previous years, there were no reports that government
officials made pejorative public statements against small religious
groups.
The Government Directorate for Restitution of Communal and
Religious Property continued to accept and process property restitution
claims from the traditional and registered nontraditional religious
communities. The directorate accepted a total of 3,059 property
restitution claims, the largest number of which came from the Serbian
Orthodox Church. Some property was restored to the Serbian Orthodox
Church in the Dioceses of Backa, Zica, and Srem. Some communities had
difficulty assembling the required documentation to submit claims. The
Union of Jewish Communities and other religious groups protested the
use of 1945 as a baseline, since their properties were largely
confiscated from 1941-44.
Societal Abuses and Discrimination.--There were a few cases of
physical and verbal attacks against religious minorities.
On July 8, in the town of Bor, citizens prevented further
construction of a Jehovah's Witnesses temple.
During the first week of August, unidentified individuals twice
sprayed graffiti with nationalist symbols and vulgar messages about
Jehovah's Witnesses on the Kingdom Hall in Sremska Mitrovica.
On November 17, the Christian Adventist Church reported that
unknown perpetrators had damaged four vehicles in the courtyard of its
church in Belgrade the previous day. The church also reported that
``hate messages'' had been written on the walls of Adventist churches
in Kragujevac, Leskovac, Jagodina, and Sivac during October and
November and called on the Ministry of Religion, other religious
groups, and the international community to condemn the attacks. The
church reported the damage to its vehicles to the police, which
conducted an investigation. There were no arrests as of the end of the
year.
There was no further information available on the March 2007 attack
on Jehovah's Witnesses missionaries in Stari Banovci or the June 2007
stabbing of Zivota Milanovic, a Hare Krishna follower in Jagodina.
Religious communities, especially minority religious communities,
reported continuing vandalism of buildings, cemeteries, and other
religious sites. NGOs criticized authorities for their slow or
inadequate response. On November 26, Deputy Religion Minister Dragan
Novakovic told Forum 18 that he regretted that most attacks on
religious communities were prosecuted as minor offenses such as
disturbing the peace instead of as incitement of hatred, which carried
more severe penalties.
The press, mostly tabloids, continued to label smaller, multiethnic
Christian churches, including Baptists, Adventists, Jehovah's
Witnesses, and other smaller religious groups, as dangerous ``sects.''
A number of right-wing youth groups referred to nontraditional
religious communities as sects posing a threat to Orthodox Christian
society in the country.
The Jewish community comprised an estimated 3,000 persons. Jewish
leaders reported continued incidents of anti-Semitism, including anti-
Semitic graffiti, vandalism, small circulation books, and Internet
postings. Bookshops widely sold books with anti-Semitic content.
Several booksellers at the annual Belgrade Book Fair in October
displayed ``The Kingdom of the Hazars,'' an anti-Semitic work by the
Serbian author Dejan Lucic. Right-wing youth groups and Internet forums
continued to promote anti-Semitism and use hate speech against the
Jewish community.
In January police filed criminal charges against several neo-Nazis,
including their leader Goran Davidovic, for violent behavior and
spreading racial hatred during an unauthorized rally in Novi Sad in
October 2007.
Holocaust education was incorporated into the school curriculum,
and the role of the Government in the Holocaust was also discussed.
There was a tendency among some commentators to minimize and
reinterpret the role of national collaborators' movements from the
World War II period and their contribution to the Holocaust in Serbia.
During the year the Islamic community remained divided along
political lines. One group aligned itself with a newly established
local Riyaset in Belgrade, and the other retained its traditional ties
to the Riyaset in neighboring Bosnia and Herzegovina. Both communities
blamed the Ministry of Religion for the conflict within the Islamic
community and for violating the law by allowing both communities to
register. Occasional violence between the communities continued
throughout the year. On March 7, after the main weekly prayer in the
Tutin mosque, supporters of the rival communities clashed, with one
person injured by gunfire. Several clashes over mosques in Prijepolje
and Novi Pazar resulted in physical attacks on supporters of the
communities and police intervention. The Islamic Community in Serbia,
led by chief mufti Muamer Zukorlic, held elections on all levels in
June and July. The Islamic Community of Serbia, led by Reis Adem
Zilkic, did not recognize the elections.
For a more detailed discussion, see the 2008 International
Religious Freedom Report.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Internally Displaced Persons (IDPs).--According to UNHCR figures,
approximately 205,842 IDPs resided in the country, mainly Serbs, Roma,
Ashkali (an Albanian-speaking ethnic group considered by outsiders as
similar to Roma but self-identifying as a separate group with cultural
distinctions from Roma), Gorani, and Bosniaks (Slavic Muslims) who left
Kosovo as a result of the 1998-99 conflict. Approximately 4,041 IDPs
remained in 57 official collective centers and 998 in 31 unrecognized
collective centers. Although the Government continued to close
collective centers, many IDPs remained in minimally habitable
facilities that had been constructed as temporary accommodations rather
than for long-term occupancy.
Without an official IDP card, individuals were not able to access
IDP services. The Government allowed IDPs access to assistance from
NGOs and international organizations.
The Government continued to pay minimum wage salaries, including
social and pension contributions, to IDPs who were in the Kosovo
government and state-owned enterprises before June 1999 and who were
not currently employed. IDPs who found another job permanently lost
eligibility for government assistance. The Government investigation
into the eligibility of IDP recipients for such payments was ongoing at
year's end.
The law requires residents to record changes of residency and to
appear in person at the place of prior registration to remove
themselves from the registry. IDPs from Kosovo who lacked personal or
residency documents from Kosovo were unable to deregister from their
Kosovo addresses and register at a new address in Serbia. Without an
authorized local address in the country, individuals were ineligible
for health insurance, social welfare, and public schools. NGOs provided
legal assistance to IDPs to register residency.
There were 22,104 officially registered Romani IDPs in the country.
However, the UNHCR estimated that there were a total of 40,000 to
45,000 internally displaced Roma living in the country, many of whom
presumably lacked personal documents necessary to register as IDPs.
Many Roma displaced from Kosovo were assumed to have been Serb
collaborators during the Kosovo conflict and could not safely return.
While some Romani IDPs lived in government-supported collective
centers, living conditions for Roma (both local and IDPs) were
generally extremely poor. Local municipalities often were reluctant to
accommodate them. If Roma did stay, they often lived in unauthorized
encampments near major cities or towns.
While government officials continued to make public statements that
IDPs should return to Kosovo, senior government officials also claimed
that it was unsafe for many to return. IDP returns to Kosovo slowed;
approximately 540 individuals who had been living in displacement in
Montenegro, Serbia, and Macedonia returned to Kosovo during the year.
Protection of Refugees.--On April 1, a new asylum law went into
effect. The law provides for the granting of asylum or refugee status
in accordance with the 1951 UN Convention relating to the Status of
Refugees and its 1967 protocol, and the Government has established a
system for providing protection for refugees. The new law's definition
of statelessness complies with the 1954 Convention on the Status of
Stateless Persons. As of April 1, the Government assumed from the UNHCR
responsibility for refugee status determination (RSD) and for care of
asylum-seekers and refugees from outside the territory of former
Yugoslavia. The Government registered 52 asylum seekers after the law
went into effect, compared to 25 during the first four months of the
year. The Government rendered six RSD first instance decisions, all of
them negative, during the year.
In practice, the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened.
Asylum seekers had freedom of movement in the country after
establishing their identity and filing an application for asylum. They
were eligible for public assistance, including accommodation and food,
but they did not have the right to employment until recognized as
refugees through an RSD.
On December 22, the Commissariat for Refugees officially assumed
control of the country's sole asylum center from UNHCR. The center had
capacity for approximately 90 persons. The commissariat was also
responsible for status determination and care of refugees from the
former Republic of Yugoslavia.
The Government cooperated with the UNHCR and other humanitarian
organizations in assisting refugees and asylum seekers and provided
temporary protection (refugee status on prima fasciae basis) to
individuals from former Yugoslav republics who may not qualify as
refugees under the 1951 convention and its 1967 protocol. The refugee
status of individuals from the Socialist Federal Republic of Yugoslavia
continued to be regulated under the 1992 Decree on Refugees. The
Government and the UNHCR estimated that 96,466 refugees from Croatia
and Bosnia and Herzegovina resided in the country, while the Government
estimated approximately 400,000 former refugees who were naturalized,
but not socially and economically integrated into the country. There
were 1,295 refugees living in 57 official collective centers and 607 in
unrecognized collective centers.
Stateless Persons.--The basis for citizenship is jus sanguinis, and
there were no de jure stateless persons. The UNHCR estimated that there
were up to 17,000 de facto stateless persons in the country, mostly due
to a cumbersome and lengthy citizenship registration process. Lack of
information, administrative fees, difficulty obtaining documents, the
lack of an official recognized residence, and sometimes the need to go
to court to prove origin and identity made it difficult or impossible
for some to register. These problems disproportionately impacted
Romani, Ashkali, and Egyptian communities, particularly IDPs, although
they also affected others who were destitute and living in isolated
areas.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--The country held
presidential elections on January 20 and February 3 and parliamentary
and municipal elections on May 11. The OSCE and other election
observers, including domestic organizations, judged these elections
mostly free and fair. Ethnic Albanian parties participated in the
parliamentary elections for the second straight year after 15 years of
boycotts.
Political parties generally operated without restrictions or
outside interference. However, in its final report on the May 11
parliamentary elections, the OSCE Limited Election Observation Mission
noted that some aspects of the campaign went beyond the acceptable
limits for a democratic society, in particular when death threats to
senior officials were reported. The mission reported that this
culminated with the display, in Belgrade, of a large number of posters
that could be interpreted as suggesting the assassination of top state
officials.
There were 56 women in the 250-seat parliament. The speaker and
three of six parliamentary vice presidents were women. There were five
women in the 27-member cabinet. The law on elections of members of
parliament requires parties' election lists to include at least 30
percent women, and political parties participating in the May elections
observed this requirement.
The constitution and law exempt ethnically based parties from the
five percent threshold required for a political party to enter
parliament. However, the Government did raise the number of signatures
required to register a minority party list from 3,000 to 10,000.
Minority party representatives, in particular ethnic Albanians,
criticized this change but ultimately were able to collect the
requisite number of signatures. In the May parliamentary elections,
minority parties and lists received a combined 3.9 percent of the vote.
Seven members of national minorities, including ethnic Hungarians,
Bosniaks, and Albanians, were elected to parliament. Two members of
ethnic minorities, both Bosniaks, were in the 27-member cabinet.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
implement the law effectively, and officials sometimes engaged in
corrupt practices with impunity. There was a widespread public
perception of government corruption at all levels.
Many public officials are subject to financial disclosure under the
conflict of interest law; however, the Republic Board for Resolving
Conflicts of Interest may only recommend dismissal for failure to file
reports, not based on the contents of the reports it receives. The
board has no authority or means to investigate the substance of the
information reported. Board Head Slobodan Beljanski announced on
October 15 that his committee received only 3,100 property disclosures
from former and current state officials following the May parliamentary
elections, although the law required some 20,000 officials to submit
reports.
During the year authorities made some new arrests for corruption
and continued the prosecution of high-profile cases from previous
years. While the Government's anticorruption council frequently made
public statements and granted interviews, the body had no legal
standing and had only an advisory role. The council discussed
irregularities in the privatization of the Belgrade port.
On October 23, the parliament approved a law to establish a new
anticorruption agency, an independent state body that reports to the
parliament. The agency was charged with implementing the national
anticorruption strategy and overseeing issues related to conflict of
interest and financial disclosure. The new law also provides for
criminal sentences of six months to five years, fines, and prohibitions
on holding public office for failure to submit disclosures or
submission of false information.
There were reports of authorities failing to act in response to
detailed reports of suspected corruption. There were no reports of
high-profile politically motivated investigations.
On June 5, Belgrade police announced the arrest of a 53-year-old
tax inspector, Ratka V., on the suspicion that, on April 22, she
solicited a bribe of 55,000 euros (approximately $78,000) from the
owner of a public company in Obrenovac.
On September 26, police arrested Commercial Court judge Zeljko
Munjiza and lawyer Nemanja Jolovic in connection with the bankruptcy of
the BIM Slavlija company. The Belgrade district prosecutor charged
Munjiza, whose immunity the parliament stripped in an emergency
session, and Jolovic, already a defendant in the prominent ``bankruptcy
mafia'' case, with corruption and abuse of power for allegedly
conspiring to defraud BIM Slavlija of approximately 65 million dinars
(approximately $1.2 million) during bankruptcy proceedings.
On October 1, police, in cooperation with the special prosecutor
for organized crime, arrested 11 people in Zrenjanin on charges of
abuse of office, forging public documents, and bribery. Suspects
included Zrenjanin Mayor Goran Knezevic, head of the Urban Planning
Department Nikola Halas, Vojvodina Assembly Democratic Party deputy
Bratislav Tomic, Zrenjanin Tourist Organization director Milan Milosev,
and several private businessmen. The group allegedly defrauded
Zrenjanin municipality of approximately 3.5 million euros
(approximately $5 million) by allotting to selected businessmen the
most attractive parcels of construction land at low prices. The
businessmen then sold the parcels at much higher prices. According to
press reports, Halas admitted under questioning that he accepted a
10,000 euro ($14,150) bribe from a local investor, but Knezevic and the
other defendants denied the allegations.
On October 7, police arrested Branko Gligoric, former manager, and
Verica Dujovic, former finance director, of the Official Gazette public
company on suspicion that they defrauded the company of 180 million
dinars (approximately $3.3 million) by signing contracts and making
investments without government consent. According to police, Gligoric
and Dujovic failed to conduct requisite due diligence before entering
into a number of contractual relationships from 2002-06.
On October 27, the court issued its fourth postponement of the
trial of Dejan Simic, former vice governor of the National Bank of
Serbia, and Socialist Party of Serbia director Vladimir Zagradjanin,
indicted for bribery. Simic allegedly accepted 100,000 euros ($141,500)
in exchange for agreeing to register the Credit Export Bank. The trial
remained pending at year's end.
In July, Goran Kljajevic, former president of the Belgrade
commercial court, and judge Delinka Djurdjevic became the last of 29
defendants standing trial on charges of bribery, abuse of office, and
illegal bankruptcy in the ``bankruptcy mafia'' trial to be released
from detention. The Supreme Court ruled the defendants no longer
presented a risk to flee, destroy evidence, or influence witneses while
standing trial. The Government accused the defendants of operating a
scam in which the commercial court would declare enterprises bankrupt
and the Postal Savings Bank would provide cheap loans to favored
businessmen to buy the enterprise's assets at a below-market price. The
trial was ongoing at year's end.
On May 26, Savetije Jovic, one of 53 defendants in the ``highway
mafia'' case, committed suicide in Nis. He was the third defendant in
this matter to commit suicide since 2006. Prosecutors accused the
defendants of using false payment cards and illegal software on two
major tollgates from 2004-06, resulting in a loss of approximately 6.5
million euros ($9.2 million) in state revenue. The trial resumed on May
28 and continued throughout the year.
Three officers who prepared the police report against Ljubomir
Geric and three other former executives of the public power utility
Elektroprivreda Srbije, were either demoted or forced into retirement.
Geric and the other executives had been charged in connection with
agreements between the utility and two trading companies from 2001-04
that led to the loss of millions of dollars from the state budget. The
prosecutor's office had not filed a request for investigation as of
year's end.
On June 30, Mihalj Kertes, former head of the Customs Service
during the Milosevic era, pleaded not guilty to fraud and embezzlement
charges. The case, part of the ongoing ``Cyprus money laundering''
investigation of former Milosevic officials, continued as of year's
end.
Government implementation of the 2004 access to information law
continued to be slow, and the Government generally did not provide
access in practice. The law provides for public access to information
of ``legitimate public importance'' (with many exceptions) and
establishes an independent commissioner, selected by parliament, to
handle appeals when government agencies reject requests for
information. According to a 2006 report by Transparency International,
81 percent of local institutions, 67 percent of public enterprises, and
35 percent of ministries were failing to fulfill their obligations
under the access to information law, even as requests for information
tripled between the end of 2005 and the end of 2006. NGOs reported that
their requests for information from the Government frequently went
unanswered. On December 22, the commissioner for information of public
importance criticized BIA for failing to provide information as
required by law; he also singled out the Infrastructure Ministry and
the Petroleum Industry of Serbia for their lack of compliance.
Section 4. 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. However, these
groups were often subjects of harassment, threats, and libel suits for
expressing views critical of the Government or contrary to nationalist
views of Kosovo, the ICTY, and the wars of the 1990s. Prominent human
rights groups included HCS, the HLC, YUCOM, the Fund for an Open
Society, YIHR, and the Belgrade Center for Human Rights.
Following Kosovo's independence declaration, some media and right-
wing groups launched campaigns targeting the most prominent human
rights NGOs and their activists for their opinions on Kosovo's status.
On February 22, for example, YUCOM activists received threatening phone
calls. Police inspectors investigated the case but did not make any
arrests. A number of Web forums called for fighting ``national
traitors'' and ``burning the witches'' (a reference to a group of
prominent female human rights activists) and posted activists' home
addresses and other personal information on blogs. Throughout September
and October daily newspapers Pravda and Kurir, weekly Tabloid, and
weekly magazine Pecat published a number of articles targeting HCS head
Sonja Biserko for criticism, which contributed to a hostile atmosphere
toward human rights advocates in general.
On February 27, Infrastructure Minister Velimir Ilic gave a
statement to media claiming the Government ``could not defend people
who advocate that Kosovo is not ours from being beaten up by somebody
who came from Kosovo.'' On February 28, a group of 44 NGOs expressed
concern that Ilic's statement appeared to condone verbal or physical
attacks against anyone in society with differing opinions.
On September 30, a group believed to be Serbian Radical Party
members protesting against the arrest of Radovan Karadzic drew a
swastika in front of the HCS office. This incident came shortly after
the release of HCS' annual report on the human rights situation in
Serbia in 2007 generated controversy and media attacks. The group
forcibly entered the building housing HCS but did not attempt to enter
the organization's offices. On October 6, two persons accosted and
threatened Sonja Biserko as she approached her home. Belgrade police
responded quickly and promised additional patrols, but the
investigation did not produce any arrests and police did not act upon
an HCS request for enhanced protection following these incidents. HCS
also criticized the lack of a government statement condemning the
attack on its office.
On December 1, activists from the right-wing group 1389 marched to
YUCOM's office and demonstrated for 30 minutes in an attempt to deliver
a letter criticizing YUCOM's head Biljana Kovacevic-Vuco for her role
in ``dismembering the Serbian state.'' In response, YUCOM issued an
open letter to President Tadic, Prime Minister Cvetkovic, and Interior
Minister Dacic calling on the Government to ``take adequate measures
against bullies who have been harassing the citizens of Belgrade and
especially representatives of NGOs.''
There were no further developments in the January 2007 attack on
Violeta Djikanovic and Milos Urosevic of the NGO Women in Black, the
January 2007 attack on YIHR activist Radojica Buncic, or the July 2007
attack on youth members of My Initiative.
Sasa Jankovic continued to serve as national ombudsman, giving
periodic public statements on issues of concern. Vojvodina province had
its own ombudsman, who operated independently during the year.
According to the Ministry of Human and Minority Rights, 14 of the
country's 169 municipalities had an ombudsman.
During the year the Government arrested and extradited Stojan
Zupljanin and Radovan Karadzic, two of the remaining four indictees
sought by ICTY. Two ICTY suspects, Ratko Mladic and Goran Hadzic,
remained at large, and ICTY continued to insist on their arrest.
While the law prohibits the extradition of any person with Serbian
citizenship, it allows for an exception in cases of extradition of
citizens to the ICTY.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status; however, discrimination
against women and ethnic minorities, trafficking in persons, and
violence against women and children were problems. During the year, the
Government reinstituted a Ministry for Human and Minority Rights,
elevating its status and fulfilling the demand from the NGO community
that human and minority rights be represented at the ministerial level.
Women.--Rape, including spousal rape, is punishable by up to 40
years in prison. Advocates suspect that only a small percentage of rape
victims reported their attacks, fearing reprisals from their attackers
or humiliation in court. Few spousal rape victims filed complaints with
authorities. Women's groups reported that sentences were often too
lenient.
Violence against women was a problem, and high levels of domestic
violence persisted. Domestic violence is a crime punishable by up to 10
years' imprisonment. The law provides women the right to a restraining
order against abusers. Such cases were difficult to prosecute due to
lack of witnesses and evidence and unwillingness of witnesses or
victims to testify. In a 2006 World Health Organization study, two-
thirds of physically abused women reported that they did not seek help
because they thought such abuse was normal or not serious. The few
official agencies dedicated to coping with family violence had
inadequate resources. The NGO community played an active role in
combating violence against women. Osvit, a Nis-based NGO, continued to
operate a Romani language telephone hotline for women who were victims
of domestic violence or abuse.
A report by several Romani NGOs released in April 2007 found that,
of the half of the respondents who would discuss domestic violence,
over 75 percent reported experiencing verbal or physical abuse. The
respondents said that police did not act to protect them and that they
were excluded from some state-funded safe houses.
The Serbian Victimology Society reported in 2006 that one-third of
women have been victims of physical violence and half of women have
been victims of psychological violence. According to the Magistrates
Association of Serbia, domestic violence was significantly
underreported and the problem was widespread and usually long-lasting.
Violence frequently became a way of life in a country where
contributing factors such as financial dependence, cramped living
quarters (multifamily living arrangements were common), and the lack of
support from extended family were prevalent.
Prostitution is illegal, although being a client of a prostitute is
not a criminal offense.
Sexual harassment was a common problem, but public awareness
remained low and few complaints were filed during the year. The law
provides that sexual harassment is a crime punishable by up to six
months' imprisonment for a simple case and up to one year's
imprisonment for abuse of a subordinate or dependent.
Women have the same legal rights as men, including under family
law, property law, and in the judicial system, and these rights were
generally enforced in practice. The Government's Council for Gender
Equality worked during the year with NGOs to raise public awareness of
gender equality problems.
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. In these areas,
it was common for husbands to direct the voting of their wives.
The social status of women was generally considered inferior to
that of men, and women were not well represented in commerce. Women
were legally entitled to equal pay for equal work; however, according
to statistics in the draft National Strategy for Improving the Status
of Women quoted at a roundtable in October, women's average wages were
16 percent lower than those of men, there were 54 percent more women
unemployed than men, and only 21 percent of women occupied management
positions. The Government's Bureau of Statistics reported in November
that women earn an average of 1,400 dinars (approximately $25) less per
month than men.
Children.--The Government was committed to the rights and welfare
of children. In October, Rasim Ljajic, minister for labor and social
policy, stated that 155,000 children lived in poverty, while
approximately 161,000 children received some kind of social assistance.
He added that children from the refugee community and Romani families
were in the most difficult position with almost 60 percent of Romani
children living in non-hygienic settlements and 46 percent not having a
meal every day. Ljajic also reported that in 2007 government
institutions registered 1,640 cases of child neglect, emotional, and
physical violence against children.
Romani families experienced some difficulties registering the
births of children, mostly due to a lack of permanent address or
documentation of parents' identity.
While the educational system provided nine years of free, mandatory
schooling, including a year before elementary school, ethnic prejudice,
cultural norms, and economic distress discouraged some children,
particularly Roma, from attending school. According to an August 2007
government report, 95 percent of children started elementary school on
time and 76-86 percent of secondary school-age children attended
school. The report noted, however, that school attendance was
significantly lower among children from vulnerable groups, including
Roma and poor populations. Only 14.4 percent of children in rural areas
attended preschool.
Romani education remained a problem. Many Romani children,
especially girls, did not attend primary school; reasons included
family objections, lack of identity documents, judgments by school
administrators that they were unqualified, and societal prejudice.
According to an Open Society Institute report presented in October,
only two percent of Romani children were in preschool, while fewer than
40 percent attended primary school. In some cases, children who
attended school sat in separate Roma-only classrooms or in a group at
the back of regular classes. Few teachers were trained in the Romani
language, and many Romani children did not learn to speak Serbian. Some
Romani children were mistakenly placed in schools for children with
emotional disabilities because the Romani language and cultural norms
made it difficult for them to succeed on standardized tests in Serbian.
In October the Ministry of Education announced the introduction of
assistant teaching positions for Roma in pre- and primary schools.
While the law provides that government clinics offer free medical
care, including free medicines from a limited list of covered drugs,
there were reports that corruption resulted in restricted access to
medication for some. Romani children often were not vaccinated.
Child abuse was a problem. In December a representative of the
Government council for children's rights reported that government
centers for social assistance across the country continued to see a
rise in child abuse and neglect within families; 22 percent of such
cases documented by the centers included physical violence. According
to the Poverty Reduction Strategy Report, reported cases of family
violence rose in 2006. While teachers were instructed to report
suspected child abuse cases, they often did not do so. Police generally
responded to complaints, and prosecutions of child abuse cases occurred
during the year. Psychological and legal assistance was available for
victims, and there was an incest trauma center. There was increasing
incidence of peer-abuse among children.
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; boys generally married a few years
later than girls. Child marriage was most common among Muslim Ashkali,
most of whom were displaced from Kosovo.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that persons were trafficked
through, to, within, and from the country.
Serbia was a transit point and a point of origin and destination
for trafficking in women and children. Domestic trafficking increased
compared to previous years, and the number of domestic victims
identified was much higher than foreign victims. To a lesser extent
than in previous years, Serbia was a transit point for women trafficked
to Western Europe. East European and Central Asian countries were the
primary source countries for persons trafficked to and through Serbia.
Minors comprised approximately 40 percent of all identified victims.
Victims were trafficked for commercial sexual exploitation, labor,
begging, forced marriage, and adoption.
Roma, poor rural families, and persons who lacked identification
documents were at the highest risk of being trafficked. In 2006 the
Ministry of Labor, Employment, and Social Policy and the NGO Children's
Rights Center released results of a survey that showed Romani children
and children from poor, rural communities and foster families were at
the highest risk for child labor abuse, including begging, theft,
prostitution, dealing narcotics, and hard physical labor. Some Romani
children were trafficked within the Romani community and to Roma abroad
for exploitation in begging and theft rings.
Traffickers tended to be part of small crime groups with
international links. In the majority of cases, friends or family
members facilitated contact between traffickers and victims.
Traffickers recruited victims through enticements including
advertisements for escorts, marriage offers, and offers of employment.
Some women went to work as prostitutes knowingly and only later became
trafficking victims. Authorities reported increased use of the Internet
and mobile text messaging as a method of recruiting victims.
The Government continued funding antitrafficking programs. Early in
the year, a new law introduced a mandatory, supplemental postage stamp
to generate revenue for antitrafficking activities. The agency for
coordination of protection of victims disbursed income from the stamps
to NGOs that provided direct assistance to victims.
The criminal code differentiates between trafficking and smuggling.
The penalty for trafficking in persons is two to 10 years in prison;
for trafficking minors, the penalty is a minimum of three years; if the
act of trafficking resulted in death, the penalty is a minimum of 10
years; if it involved serious physical injury, the penalty is three to
15 years; if there were multiple acts of trafficking or if perpetrated
by an organized group, the penalty is a minimum of five years.
During the year authorities filed more than 30 criminal charges
against persons for trafficking. Government officials estimated that
the number of unidentified cases was increasing. Antitrafficking groups
worked with trafficking victims, including 55 victims identified during
the year. The police initially referred 40 of the victims for
identification, while NGOs and other groups referred the remaining 15.
The Government cooperated in combating trafficking with neighboring
countries, including Bosnia and Herzegovina, Croatia, Hungary,
Slovenia, Bulgaria, Romania, Greece, and Ukraine. However, the law
prohibits extradition of citizens, including dual nationals (except to
the ICTY for war crimes), and the Government did not extradite any
citizens who were accused of trafficking in other countries.
In May a court commenced the trial of Senad Palamar, the former
public prosecutor in Novi Pazar, and 12 others for running a
trafficking and prostitution ring. Palamar allegedly failed to
investigate or report victims of trafficking forced to work as
prostitutes at a night club in Novi Pazar and allegedly sexually abused
those victims. Twelve defendants were convicted and received sentences
ranging from one to eight years, although Palamar and two policemen
were released on time served.
On October 25, the Interior Ministry reported the arrest of Nebojsa
Vojnic, a Subotica police officer, on charges that he facilitated the
trafficking of 18 Albanian and Macedonian citizens into Hungary. Police
accused Vojnic of accepting a payment of 3,600 euros (approximately
$5,100) to transport the illegal immigrants from Subotica to the
Hungarian border. Police also arrested Redzep Aliaj, the alleged
organizer of the trafficking ring, and Dejan Tikvicki, accused of
housing the immigrants in Subotica.
On November 6, police in Novi Pazar arrested 33-year-old Elvir
Jasarevic on charges that he, Edvin Jasarevic, Mithat Bisevec, and
Veljko Stankovic operated a trafficking and prostitution ring from 2006
through June. There was no further information available at year's end.
On November 19, the Government appointed Interior Ministry official
Mitar Djuraskovic to be the new coordinator of the National Team to
Combat Trafficking in Persons, filling a position vacant since the
December 2007 retirement of the previous coordinator. The Government's
antitrafficking team incorporated government agencies, NGOs, and
international organizations and led government antitrafficking efforts.
The organized crime police force included a full-time antitrafficking
unit, and the border police force had a full-time office to combat
trafficking and alien smuggling. The Government assisted in
international investigations of human trafficking and participated in
regional antitrafficking operations.
The Government offered temporary resident visas to foreign victims,
regardless of their willingness to testify against their traffickers.
It also provided victim and witness protection, and did not prosecute
victims.
The Government agency charged with coordinating victim protection
worked to ensure that trafficking victims were correctly identified and
referred to assistance providers. Every police station had a focal
point for human trafficking to provide rapid response and assistance to
possible victims. Separate shelters for domestic and foreign
trafficking victims operated during the year. During the year, 35
victims were accommodated in two shelters and the Center for Children
without Parental Care. The NGO Astra and the Interior Ministry operated
hotlines for trafficking victims. NGOs, government agencies, and
volunteers provided legal, medical, psychological, and other assistance
to victims. The NGO Atina operated a long-term reintegration program
for victims.
The International Organization for Migration (IOM) maintained funds
for repatriation of foreign victims. During the year the NGO Atina also
had limited repatriation funds.
The IOM and the OSCE funded training programs for police and social
welfare officers.
Government and NGO public awareness efforts to combat trafficking
included conferences on trafficking and awareness raising campaigns.
Astra launched an awareness campaign entitled Naked Facts, and Atina
and IOM took part in a televised antitrafficking campaign.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with disabilities in employment,
education, access to health care, or in the provision of other state
services, and 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 Center for Independent Living (CIL), a disability rights NGO,
reported that most persons with disabilities lived isolated from their
communities and that facilities for their education and care were
nonexistent or inadequate.
Unemployment remained a serious problem for persons with
disabilities. According to government estimates presented by the
National Employment Service in November, only 21,000 out of 700,000
people with disabilities were employed. A lack of workplace
accommodations, combined with overall high unemployment, made it
difficult for persons with disabilities to obtain work. While there
were no reports of overt discrimination against persons with mental or
physical disabilities, CIL reported that it was difficult to determine
if there was discrimination in employment because employers usually
gave other reasons for not hiring persons with disabilities. A study
released by the Center for Development of Inclusion and the Center for
Study of Alternatives in 2006 found that 87 percent of persons with
disabilities were unemployed. The study also found that a greater
percentage of women with disabilities were dependent on public
assistance compared to men with disabilities. In December the minister
for labor and social policy reported that 70 percent of persons with
disabilities lived in poverty, while 50 percent relied on various forms
of government assistance for survival.
In a report released in February 2007, the HCS found that
psychiatric hospitals in the country often provided inadequate living
conditions and that staff lacked training to deal with these cases.
Most institutions were large facilities, isolated from the community.
Many patients stayed in institutions for 10 or 20 years because there
were no other options. Rights of psychiatric patients are not protected
either by law or regulation. The HCS reported that some patients were
involuntarily confined in locked wards longer than was medically
warranted and that abuses of treatment, such as lengthy physical
immobilization, could occur.
In November 2007 Mental Disability Rights International (MDRI)
released a report on government facilities for the mentally disabled.
The report, titled ``Torment, Not Treatment,'' criticized the
facilities for inadequate hygiene and treatment of patients. The report
also cited a lack of training for personnel and lack of oversight of
their activities, resulting in abuses of patients. MDRI gave examples
of patients tied to their beds continuously. The Social Affairs
Ministry objected that, while the report was partially accurate in its
description of the worst institutions, the conditions were not so
extreme at all facilities.
National/Racial/Ethnic Minorities.--An April 29 European Commission
against Racism and Intolerance (ECRI) report on the country noted the
existence of a climate of hostility toward national and ethnic
minorities, who constituted 25 to 30 percent of the country's
population and included ethnic Hungarians, Bosniaks, Roma, Slovaks,
Romanians, Vlachs, Bulgarians, Croats, Albanians, and others.
Roma, who constituted 1.4 percent of the population, continued to
be the most vulnerable minority community. Roma were targets of verbal
and physical harassment from ordinary citizens, police violence, and
societal discrimination.
On August 4, police in Kursumlija allegedly beat Ivica and Toni
Jovanovic, two Roma accused in the theft of a water meter, in an effort
to extract a confession. The police released the Jovanovics after
arresting other suspects in the theft.
On October 29, police arrested Darka M. from Pozega and Milos M.
and Vladan M. from Lajkovac on criminal charges stemming from an
attempt to burn a Turkish flag on the main square in Cacak. Police
charged the three with inciting national, racial, or religious hatred
and intolerance against Muslims.
In May the Pozarevac District Court confirmed the decision of a
lower court in Veliko Gradiste to pay damages to a Romani minor who was
the victim of sexual harassment.
There was no further information available in the following 2007
cases: the January spray-painting of 30 Romani homes in the village of
Medja in Leskovac municipality with swastikas and anti-Roma graffiti;
the February attack by a group of Serbs on the president and several
members of the Democratic Association of Roma in Belgrade; and the
series of attacks in August on Roma in Belgrade, including destruction
of homes, assaults, and hate speech graffiti.
Many Roma continued to live illegally in squatter settlements
lacking basic services such as schools, medical care, water, and sewage
facilities. Some settlements were located on valuable industrial or
commercial sites where private owners wanted to resume control; others
were on the premises of state-owned enterprises due to be privatized.
During the year Belgrade authorities continued to suspend demolition of
a settlement on privatized land until they could locate alternative
housing. Several attempts to resettle the Roma failed when residents of
the designated resettlement areas protested.
In June the country assumed the presidency of the 11-country Decade
of Roma Inclusion. The Government named improvement of housing
conditions and abolition of discrimination in education as priorities.
In early September Osman Balic, the coordinator of the League for the
Decade of the Roma, noted that public institutions continued to
discriminate against Roma and appealed to the president and speaker of
parliament to improve the situation.
In October and November the Ministry of Human and Minority Rights,
with support from the United Nations Development Program (UNDP) and
Deputy Prime Minister Bozidar Djelic, organized public hearings in
Kragujevac, Nis, Novi Sad, and Belgrade to discuss government
strategies for advancing the status of Roma. In October Minister for
Human and Minority Rights Svetozar Ciplic announced the start of a
project that would allow Roma to register birth and other vital records
free of charge. The state budget passed on December 29 allocated 1.2
billion dinars (approximately $218 million) to improving the position
of the Romani minority, an amount ten times the sum set aside
previously. The deputy prime minister announced that priority would be
given to resolving housing problems and programs aimed at countering
discrimination in the educational system.
Although not widespread, there continued to be incidents of
vandalism and some physical attacks against minorities in Vojvodina,
including ethnic Hungarians.
Following Kosovo's independence declaration in February, a group in
Sombor distributed free bread to citizens in front of Albanian- and
Gorani-owned bakeries to dissuade citizens from buying in those shops.
The windows of several bakeries were broken. The district prosecutor
filed a request for investigation into acts that fueled racial,
religious, and national hatred, but there was no further information
available.
In May YUCOM reported that unknown individuals spray-painted
graffiti on a Muslim-owned house in Palic that called for ethnic-based
violence and the banishment of non-Serbs. Local police officials
ordered the homeowner to remove the graffiti and forbade local
officials from photographing it.
In September a series of videos appeared on the YouTube web site
calling for the assassination of Nenad Canak, the leader of the League
of Vojvodina Social Democrats (LSV). Canak called for police to
investigate the threats and arrest the author, but there was no police
investigation as of year's end.
On October 27, passers-by discovered graffiti, including a swastika
and the numbers 18 and 88 (a code representing the initials for Adolph
Hitler and ``Heil Hitler''), at the monument at the Novi Sad quay in
memory of the January 1942 raid in which Hungarian Nazis killed and
threw into the river over 1,300 Jews, Roma, and ethnic Serbs. NGO
representatives and political parties, including the Democratic Party,
G17 Plus, and the LSV condemned the graffiti and demanded an
investigation and arrest of the perpetrators. The Liberal Democratic
Party also called for a ban on neo-Nazi and anti-Semitic organizations.
The law allows official use of any native language and alphabet of
a national minority with 15 percent of the population in a given area.
In August municipal authorities in Priboj rejected proposals from local
opposition parties to introduce the Bosniak language and Latin script
into official use, even though the population was 23 percent Bosniak
according to the 2002 census. Many linguists considered Bosniak and
Serbian to be dialects of the same language, and the Latin script is
used widely throughout the country.
Ethnic Albanian leaders in the southern municipalities of Presevo,
Bujanovac, and Medvedja continued to complain about underrepresentation
of ethnic Albanians in state institutions at the local level. An ethnic
Albanian coalition took part in the May parliamentary elections,
leading to the election of one Albanian parliamentarian. Other Albanian
political parties decided not to support the coalition and abstained
from elections.
On August 29, the Government appointed Minister of Public
Administration and Local Self-Government Milan Markovic to head the
Coordinating Body for Southern Serbia, which coordinates policy and
assistance to the region. Ethnic Albanian leaders welcomed the
appointment, but a government decision to stop recognizing diplomas
issued by Kosovo universities after 1999 resulted in local Albanian
political leaders boycotting the work of the coordinating body. On
October 30, the Government reversed its decision, but cooperation
between Albanians in South Serbia and the coordinating body remained a
problem at year's end.
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.
As an alternative to religion courses on the ``traditional''
religions, the Government offered students the option of attending a
civic education class that included information on minority cultures
and multiethnic tolerance.
During a protest organized by the Anti-Fascist Campaign on October
11, police arrested more than 30 supporters of a neo-Nazi organization
who came to counter-demonstrate. The Interior Ministry did not issue a
permit for either group to gather. On October 13, Belgrade police filed
various charges against supporters of the neo-Nazi organization,
including criminal charges stemming from an attack in which
demonstrators threw rocks and other objects at police.
On October 21, the Cacak District Court sentenced Darko Obrenovic,
Milan Milosavljevic, Nikola Cvetkovic, and Mladen Ikonic to prison
sentences ranging from 10 to 18 months in connection with the March 7
beating of Ghanaian soccer player Solomon Opoku. Dragan Dragovic
received a six-month sentence for threatening a witness. Following a
soccer match in Cacak, the defendants confronted Opoku with racial
slurs and then attacked and beat him.
On November 14, the Cacak District Court sentenced Dragan Dragovic,
Slobodan Gostiljac, and Jovica Ristic each to six-month prison
sentences and handed down suspended four-month prison sentences to 23
other fans of the Borac soccer team for inciting national, racial, and
religious hatred and intolerance. The convictions stemmed from a 2006
incident in which the fans donned white Ku Klux Klan-like hoods and
shouted racial slurs at Michael Temwanjira, a Borac player from
Zimbabwe.
Other Societal Abuses and Discrimination.--Violence and
discrimination against homosexuals was a problem. A comprehensive
survey of societal perceptions of homosexuality and attitudes towards
the lesbian, gay, bisexual, and transgender (LGBT) population,
conducted in February and March, showed that the dominant opinion was
that homosexuality is a disease and represents a threat to society.
Several Serbia-based Neo-Nazi web sites and Facebook pages hosted anti-
LGBT forums and groups.
During the Eurovision song contest in May, the right-wing youth
group Obraz organized squads that patrolled Belgrade to protest against
the ``street conference of gay-lesbian groups.'' The group stated it
would not tolerate any public promotion of ``evil,'' but there were no
reported incidents.
On September 19, a group of approximately 20 youths wearing
surgical masks and hoods attacked participants in a gay rights festival
in Belgrade. Several participants suffered minor injuries, while an
U.S. citizen suffered a broken arm and concussion. According to press
reports, the police reacted swiftly, arresting two of the attackers and
filing criminal charges. There was no further information available at
year's end.
Although the broadcasting law prohibits discrimination on the
grounds of sexual orientation, some media carried slurs against
homosexuals. A commentary published in May in the daily Politika
attacked the LGBT presence at the Eurovision contest; a number of gay
and human rights organizations criticized the commentary as hate
speech. On June 2, the Belgrade-based Kurir tabloid published an
interview, titled ``With Dynamite for Faggots,'' with Predrag Radetic,
who was arrested on May 21 while attempting to enter a party of
Eurovision guests and contestants while strapped with explosives.
On December 11, representatives of the NGO Queer Life released a
statement calling for the Government to respond to anti-gay placards
posted throughout Belgrade on December 10. The posters, authored by the
right-wing organization Nasi, used crude and offensive language to
criticize a Ministry of Culture grant awarded to Queer Life to develop
its web site. The NGO statement also called for Nasi to be banned as an
organization that incites hatred and intolerance.
On December 23, the NGO Gay Straight Alliance (GSA) issued a
statement welcoming the first-ever court decision punishing threats
against members of the gay community. Belgrade city magistrate Snezana
Aleksic fined B.P. from suburban Rusan 10,000 dinars (approximately
$180) for sending numerous text message threats to GSA activist L.P. in
April. GSA however criticized the police department in the Palilula
district of Belgrade for its unwillingness to accept a complaint from
L.P. and also highlighted that police in the city's New Belgrade
district had yet to investigate threats against GSA head Boris
Milicevic reported by the group in October.
NGOs reported acts of discrimination against persons with HIV/AIDS,
including job loss and harassment from neighbors. NGOs and some health
workers also reported that some medical workers discriminated against
persons with HIV/AIDS. In 2007 the NGO Sunce stated that fear of
discrimination prevented many persons from seeking testing, and, as a
result, the actual number of HIV-positive persons in the country was as
much as ten times greater than the 2,088 reported HIV cases. Health
Ministry research on groups at risk from contracting HIV indicated that
there was a need to adopt a code to regulate treatment of individuals
with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law and constitution provide the
right for workers, except military and police personnel, to join or
form unions of their choosing. This right was subject to restrictions,
including approval by the Labor Ministry and a statement from the
employer that the union leader is a full-time employee, which
reportedly was tantamount to an employer approval requirement. The
state-affiliated Confederation of Autonomous Trade Unions of Serbia
(CATUS), a federation of unions formed during the country's socialist
period and supported by the Milosevic regime, outnumbered independent
labor unions in the public sector. However, independent trade unions
were able to organize and address management in state-owned companies
on behalf of their members. In the state-owned sector, 55 to 60 percent
of workers were unionized while in the private sector 13 to 15 percent
were unionized. In newly privatized companies, up to 35 percent of
workers belonged to unions.
The law and constitution allow unions to conduct their activities
without interference, and the Government protected this right in
practice.
The law and constitution provide for the right to strike except by
persons providing essential services such as public utilities, radio
and TV broadcasting, food production, healthcare, education, social
services, military and intelligence services, work in the chemical,
steel, and metals 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. Workers exercised the right to
strike. On December 17, for example, after two brief work stoppages,
over 300 workers at the Nevena chemical factory in Leskovac began a
general strike to demand back wages.
Three publicly-owned companies from Southern Serbia sold workers'
vacation resort properties and distributed the proceeds only to members
of the state-affiliated trade union federation.
b. The Right to Organize and Bargain Collectively.--The law
protects the right to organize and bargain collectively, and it was
exercised freely in practice. 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 have 15 percent of
company employees as members. In order to negotiate with the
Government, a union must have 10 percent of all workforce employees as
members. Collective bargaining agreements covered approximately 40
percent of employed workers.
In April, almost three years after the previous agreement expired,
the Government concluded a new general collective bargaining agreement
with CATUS and independent trade union Nezavisnost. The agreement
outlined general workers' rights such as annual and sick leave as well
as employment benefits. The agreement expanded the scope of collective
bargaining to include all employees and employers in the country,
regardless of participation in trade unions or employers' associations.
Trade unions and companies generally were pleased with the new
agreement and its expanded scope. However, the onset of the global
financial crisis postponed the agreement's entry into effect.
The law does not prohibit antiunion discrimination. According to
the trade union Nezavisnost, during the year there were cases of
discrimination against trade unions and violations of workers' rights.
According to the NGOs Felicitas and the Center for Democracy, the most
common workers' rights violations were work performed without an
employment contract; nonpayment of salary, overtime, and benefits;
employers withholding maternity leave allowances; discrimination based
on sex and age; discrimination against disabled persons; unsafe working
conditions; and harassment. Workers fired for union activity have the
legal right to reinstatement. According to Nezavisnost, there were no
cases of workers fired for union activity during the year.
There are no special laws or exemptions from regular labor laws in
the three export processing zones created in 2007.
c. Prohibition of Forced or Compulsory Labor.--The law and
constitution prohibit forced and compulsory labor, including by
children; however, women and children were trafficked for commercial
sexual exploitation, labor, and begging.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively enforced laws protecting children from
exploitation in the workforce; however, there were reports that
children were trafficked for commercial sexual exploitation, labor, and
begging. In villages and farming communities, younger children commonly
worked in family businesses. Children, particularly Roma, also worked
in a variety of unofficial retail jobs, typically washing car windows
or selling small items such as newspapers. Families often forced Romani
children into manual labor and begging or trafficked them abroad to
work in begging or theft rings.
The minimum age for employment is 15, and youth under 18 require
written parental or guardian permission for employment. The labor law
stipulates very specific working conditions for youth, and limits their
workweek to 35 hours. Penalties include fines of up to 780,000 dinars
(approximately $14,100).
The Labor Ministry's Labor Inspectorate checked for child labor
during its inspections; however, the ministry stated it found no
violations during the year. According to Felicitas and the Center for
Democracy, there were no examples of children working in factories. The
ministry also included prevention of child labor in its regular child
and family protection programs.
e. Acceptable Conditions of Work.--The Social Economic Council set
the minimum wage for the period between July and December at 13,572
dinars (approximately $250) per month. The minimum wage did not provide
a decent standard of living for a worker and family. In companies with
a trade union presence, there was generally effective enforcement of
the minimum wage due to trade union monitoring. 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. Most unregistered
workers did not report labor violations because they feared losing
their jobs. The minimum wage was established in a transparent and
tripartite manner. The Labor Inspectorate is responsible for enforcing
the minimum wage.
The average monthly salary in December was approximately 38,626
dinars (approximately $569) or 1,288 dinars ($18.97) per day or 161
dinars ($2.37) per hour. The average salary was not adequate for a
worker and family to live comfortably but covered expenses for average
monthly consumption. In contrast to previous years, wage arrears were
no longer reported to be substantial and widespread.
The standard workweek of 40 hours was generally observed in state-
owned enterprises, but not in private companies. The law provides that
an employee may not work overtime for more than four hours a day or for
more than 240 hours in a calendar year. For an eight-hour workday, one
30-minute break is required. At least 12 hours of break are required
between shifts during a workweek, and at least 24 hours of break are
required over a weekend.
Collective agreements were the primary means of providing premium
pay for overtime. However, the labor law requires that the premium for
overtime work should be at least 26 percent of the salary base, as
defined by the relevant collective agreement. Trade unions within a
company are the primary agents for enforcing overtime pay; however, the
labor inspectorate also has enforcement responsibilities. The
inspectorate had mixed results enforcing labor regulations due to a
variety of factors, including politics and corruption.
It is mandatory for companies to establish a safety and security
unit to implement 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.
On September 5, the Jagodina District Court issued the country's
first workplace harassment conviction even though there is no specific
law against creating a hostile work environment. The court sentenced
Zoran Milovanovic, editor of the weekly Novi Put, to four months in
prison and two years probation for harassing Ivana Delic-Jankovic, a
Novi Put journalist.
__________
SLOVAK REPUBLIC
The Slovak Republic, with a population of approximately 5.4
million, is a multiparty parliamentary democracy led by a prime
minister and a 150-member Narodna Rada (National Council). The head of
government, Prime Minister Robert Fico of the social democratic Smer
Party, was elected for a four-year term in 2006. President Ivan
Gasparovic, the head of state, was elected for a five-year term in
2004. Both elections were free and fair. Six political parties, three
of which comprise the governing coalition, sit in the National Council.
Civilian authorities generally maintained effective control of the
security forces.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Notable human
rights problems included some continuing reports of police mistreatment
of Romani suspects and lengthy pretrial detention; restrictions on
freedom of religion; corruption in the judiciary, local government, and
government health services; violence against women and children;
trafficking in women and children; and societal discrimination and
violence against Roma and other minorities.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
In February the Banska Bystrica Regional Court found seven former
police officers guilty of torture and inhuman treatment in connection
with the 2001 death of a Romani man in police custody. The man died
while handcuffed to a radiator; the official autopsy revealed injuries
to vital organs caused by fist and nightstick blows, kicks, and other
forms of physical abuse. Two of the officers were sentenced to eight-
and-a-half years in prison, and the other two received sentences
between four and seven years.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and the law prohibit torture and other
cruel, inhuman, and degrading treatment or punishment, and the
Government generally respected these provisions in practice.
Nongovernmental organization (NGO) sources 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)
released an inspection report in 2006 that noted significant
allegations of mistreatment of detainees by law enforcement agencies,
including slaps, punches, kicks, or blows with hard objects such as
batons. In a ``notable proportion'' of cases the victims were Roma.
Police continued to provide special training on Romani culture and
language to police officers working in districts with Romani
communities in the Kosice and Presov regions. The Bratislava branch of
post-secondary schooling for police also offered an elective course in
Romani language and culture.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards; however, overcrowding continued
to be a problem. The Government permitted visits by independent human
rights observers.
In 2007 the minister of justice allocated additional funds for
prison facility upgrades resulting in a decreased prison occupancy
rate, from 102 percent in 2006 to 76 percent of capacity, with only
three facilities over capacity. Despite this improvement, a prison
official stated that more time and funding would be required to
implement all of the necessary modifications.
d. Arbitrary Arrest or Detention.--The constitution and the law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--The national police has
sole responsibility for internal and border security and reports to the
Ministry of Interior (MOI). The head of the police force reports
directly to the minister of interior, who has the authority to recall
any member of the police. Human rights observers believed that police
were occasionally reluctant to accept the testimony of witnesses,
particularly Roma, women, and homeless persons, and often failed to
promptly and thoroughly investigate cases involving Roma and other
minorities.
Instances of police corruption and misconduct were reported,
primarily the extortion of bribes during traffic stops. Headed by a
director who reports directly to the minister of interior, the Bureau
for the Inspection Service of the Police Corps is responsible for
investigating police abuses. Cases may be initiated by, among others,
the inspection service, the Police Corps, the police's organized crime
unit, and individual citizens.
The most common charge brought against police officers was abuse of
power. Other charges included battery, assault, and illegal intrusion
into private homes. In November 2007 two police officers and one former
police officer were convicted for the on-duty 2006 murder of a
businessman in Polomka. One of the officers, who bargained for a
reduced sentence, admitted that a business associate of the victim
ordered the murder. The primary assailant received a 25-year sentence,
while the other two received sentences of between five and 10 years.
There were some indications that impunity was a problem, as
evidenced in the ongoing case of Radoslav Puky, a Slovak citizen of
Romani origin. In 2004 Puky's body was found in a Trebisov canal
following his disappearance during a police operation. A CPT
investigation indicated that police took only perfunctory action to
investigate reports of police assault against Puky. In March 2007 the
Constitutional Court dismissed a new complaint filed by the League of
Human Rights Activists on behalf of the Puky family. The league
subsequently submitted the case to the European Court of Human Rights
(ECHR), where it was pending at year's end.
Human rights training remained on the curriculum at police training
facilities.
Arrest and Detention.--The constitution and the law stipulate that
a person can be taken into custody only for explicit reasons and must
be informed immediately of the reasons for detainment. A written court
warrant is required for arrest. The court must grant a hearing to a
person accused of a crime within 48 hours (or a maximum of 72 hours for
``serious cases,'' defined as violent crimes, treason, or other crimes
with a sentence of at least eight years) and either release or remand
the individual. Detainees have the right to consult with an attorney
immediately and must be notified of this right. The Government provides
free counsel to indigent detainees. If remanded by a court, the accused
is entitled to an additional hearing within 48 hours, at which time the
judge must either release the accused or issue a written order placing
the accused in custody. The authorities respected these provisions in
practice.
There was a bail system in place that functioned effectively.
Attorney visits were allowed as frequently as necessary. The law allows
monthly family visits upon request.
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 four years for crimes in which the expected sentence is more than
25 years. In addition, pretrial detention cannot account for more than
one-half of the total detention time. In cases with extenuating
circumstances, the Supreme Court may extend pretrial detention to four
years. Delays in court procedures and investigations frequently led to
lengthy detentions during both the pretrial and trial periods.
According to 2007 statistics, pretrial detainees accounted for
approximately one-third of the total prison population and were held on
the average for 125 days at the District Court level and 399 days at
the regional court level. Ten percent of detentions at the District
Court level and 51 percent of detentions at the regional court level
were longer than one year.
The law allows plea bargaining, which reduced the backlog of court
cases. During 2007, 4,428 cases were resolved by plea bargaining,
compared with 1,833 cases in 2006.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, problems with corruption and
inefficiency in the judiciary continued.
Cases are generally first heard in the District Courts; appeals are
made to the eight regional courts. The Supreme Court, consisting of 70
active judges, is the highest court of appeals and the court of last
resort in all civil and most criminal cases. The constitutional court,
with 13 judges serving 12-year terms, is independent of the Ministry of
Justice and rules on cases regarding the constitution and international
treaties, considers cases in which constitutional provisions are in
conflict, and hears complaints about violations of basic rights and
freedoms; its decisions cannot be appealed to the Supreme Court. The
Judicial Council, a constitutionally recognized independent body of
lawyers and judges, makes decisions regarding disciplinary actions,
administrative issues, and appointments of judges. The special court
hears cases of official corruption and those related to high-ranking
government and political figures and organized crime. The court's
decisions may be appealed to the Supreme Court, which has thus far
upheld every verdict. Military courts hear criminal cases concerning
soldiers, police, prison guards, and related government security
services. Military courts also have jurisdiction in cases involving
civilians suspected of treason during time of war. Military courts
provide the same rights as the regular court system.
With the exception of the constitutional court, courts employed a
computerized system for random case assignment to increase
transparency. Nevertheless, public skepticism toward the court system
remained widespread.
Trial Procedures.--BY law persons charged with criminal offenses
are entitled to fair and public trials and have the right to be
informed of the charges against them. However, NGO observers stated
that judicial corruption often resulted in lengthy court delays and
improper handling of police investigations. Defendants enjoy a
presumption of innocence, have the right to refuse self-incrimination,
and may appeal adverse judgments. They are also presumed innocent
during the appeals process, meaning that a person found guilty by a
court does not serve his imposed sentence nor pay any fine until the
final decision on his appeal is reached. 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.
Defendants have the right to be present, consult in a timely manner
with an attorney (at government expense if indigent), access
government-held evidence, confront witnesses against them, and present
witnesses and evidence on their own behalf.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
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
as being 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 877 of the approximately 14,000 complaints received in the past
six years constituted violations of the rights of the claimants, most
of which involved delays in court proceedings of five or more years.
The ombudsman's office began providing free legal services throughout
the country by holding traveling legal clinics in cooperation with
individual municipalities. The clinics assisted 5,200 individuals
during the year.
The ECHR issued seven rulings during the year against the country
based on the ``reasonable time'' requirement for civil and criminal
proceedings under the European Convention on Protection of Human
Rights.
Property Restitution.--The law provides citizens an opportunity to
apply for the return of land confiscated by the state between 1948 and
1989. Since the passage of the property restitution law of 1991, 48,518
claims have been filed. As of December 2007, 39,369 of these claims had
been resolved through land return, land awards, or financial
reimbursement. Under the property restitution law of 2003, 34,287
claims were filed, of which 14,340 were resolved (which includes land
return, awards, or financial reimbursement) through December 2007. A
lack of historical documentation prolonged the process and prevented
many cases from being resolved.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and the law prohibit such actions,
and the Government generally respected these prohibitions in practice.
Police must present a warrant before conducting a search or within
24 hours afterwards.
Romani advocacy groups pressured the Government to acknowledge and
compensate victims for past involuntary sterilization practices on
Romani women in public health facilities. Patients are legally required
to submit written requests at least 30 days before sterilizations are
performed; however, criminal charges cannot be filed for offenses that
took place prior to 2005, when the law took effect. No victims of
involuntary sterilization or sterilization without informed consent
received financial redress for sterilization in the country's court
system.
According to the NGO Poradna (Center for Civil and Human Rights),
which helped alleged victims prepare cases, several civil court cases
have been filed, and in 2007 the Presov regional court decided against
the plaintiff.
Two forced sterilization civil suits that predate the 2005 law were
filed at the ECHR in 2004. Both were still pending at year's end. In
one case three Romani women claimed that they were sterilized without
informed consent. In 2006 the Constitutional Court ruled that regional
level prosecutors had violated the constitution and the European
Convention on Human Rights by improperly closing the investigation of
the original claim, and it awarded each of the claimants 50,000 koruna
(approximately $2,380). The court instructed the prosecution to reopen
its investigation in 2007, but the investigation did not yield any new
results. The NGO representing the victims filed another appeal to the
Constitutional Court, which was pending at year's end.
In the second case, eight Romani women, who suspected they had been
sterilized without their knowledge, filed a case with the ECHR when
hospitals allegedly denied them access to their medical records. Four
of the women subsequently received access to their medical files, and
at least one discovered she had been sterilized. The remaining four
women continued to be denied access to their medical records despite a
government decree. In May 2007 the Ministry of Health informed Poradna
that the women's medical records were lost.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and the law
provide for freedom of speech and of the press; while the Government
generally respected these rights in practice, it sought to limit
actions of extremist groups.
The law prohibits the defamation of nationalities, which is
punishable by up to three years in prison, and denying the Holocaust,
which carries a sentence of six months to three years.
The independent media were active and expressed a wide variety of
views without restriction, although state-owned television and wire
services were subject to political influence by the Government. There
were reports that directors of Slovak Public Television exerted
pressure in the news department to provide favorable coverage of
governing coalition events and activities.
Members of government took several actions that observers believed
were intended to pressure the media to curtail reporting critical of
the Government.
In September the Bratislava District Court adjourned the trial of
Prime Minister Robert Fico's libel suit against the publisher of the
weekly Trend. Fico filed the suit in response to the cover story
``Thief of Your Future Pensions'' published in Trend in September 2007.
The article reported on efforts of the Fico government to roll back
pension reform introduced under the previous government.
In February two journalists from the weekly Zurnal were charged
with leaking classified information and fined 15,000 koruna
(approximately $714) by the National Security Office. Journalists from
several leading media outlets declared this an ``absurd'' limitation of
the press. On July 30, prosecutors dropped the case.
On July 29, the Constitutional Court refused the newspaper Pravda's
appeal of the February 2006 regional court ruling ordering it to
apologize and pay damages of four million koruna (approximately
$190,500) to a former Supreme Court chairman and the current minister
of justice for news stories and cartoons alleging judicial corruption.
On June 1, a new media law went into effect that requires
publishers to print responses to any ``statement of fact that impinges
on the honor, dignity, or privacy of a natural person, or the name or
good reputation of a legal entity.'' The law requires publishers to
print replies on the same numerical page and space as the original
article, regardless of whether the original statement was factually
correct. Journalists and publishers opposed the law because it could
force them to print official government responses without the
opportunity for a counterresponse. Miklos Haraszti, the Organization
for Security and Cooperation in Europe's representative on freedom of
the media, regretted the law's adoption and said, ``Instead of handling
the right to correction or reply in compliance with the standards,
Slovakia is forcing its media to become subject to political give and
take. This goes against the country's international commitments to
protect the freedom of its media.''
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mails;
however, police monitored Web sites hosting hate speech and attempted
to arrest or fine the authors. The law defines hate speech as speech
that publicly threatens an individual or group based on nationality,
ethnicity, race, skin color, or that publicly incites the restriction
of rights and freedoms of such an individual or group. Individuals and
groups could otherwise engage in the peaceful expression of views via
the Internet, including by e-mail. Internet access was generally
available across the country.
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.
In December 2007 the Banska Bystrica regional court sentenced five
neo-Nazis to probation of three to six months for propagating an
ideology that suppresses the rights of others and riotous conduct
during a September 2006 rally in Turecka.
Freedom of Association.--The constitution and the law provide for
freedom of association, and the Government generally respected this
right in practice. However, the law requires organizations to pay a
nominal registration fee and stipulates that those registering as
foundations have ``substantial'' financial resources of 180,000 koruna
(approximately $8,571) to operate. In August 2007 the MOI denied
Juzanska Rada (Southern Council for Self-determination) registration on
the grounds that the organization's calls for separate self-governance
structures for Hungarians in southern Slovakia were unconstitutional.
c. Freedom of Religion.--The constitution and the law generally
provide for freedom of religion; however, the law prevents smaller
religious groups from registering. Catholicism was the dominant
religion due to the number of adherents and received larger state
subsidies; however, there is no official state religion.
In May 2007 the Government amended the religious registration law
to require that religious groups must provide signatures of 20,000
citizens or permanent residents who are adherents of the faith in order
to register officially. The law previously required the signatures of
20,000 citizens, not specifically adherents. Registered groups received
state subsidies for clergy and office expenses and were permitted to
proselytize in prisons and hospitals and to conduct legal marriage
ceremonies. There were 18 registered religious groups in the country.
No unregistered religious group had sufficient membership to meet the
new requirements for registration.
Leaders of smaller religious communities, particularly Muslims, but
also some Protestant denominations, the Hare Krishna community, and the
Church of Scientology, complained that the membership requirement for
registration effectively barred them from obtaining official status,
although these groups experienced no restrictions on assembly and
worship.
The law requires public elementary school students to take either a
religion or an ethics class. The law also allows government-funded
religious schools to remove material inconsistent with church beliefs
from their curricula.
In November the cabinet approved a penal code amendment that would
toughen penalties for extremist acts. The amendment was pending with
the parliament at year's end.
The MOI officially disbanded the far-right organization Slovenska
Pospolitost in November, after issuing the organization a warning that
it was under investigation five days earlier. Pospolitost's spokesman
asked for an explanation from the Government and said that he believed
the decision was illegal. NGO observers commented that the ministry did
not follow the legal procedures and that the action indicated that the
Government could disregard the law in the name of rooting out
extremism.
Societal Abuses and Discrimination.--There were reports of societal
violence and discrimination against religious groups; however, the
Government made efforts to prosecute offenders and conducted programs
to prevent it.
Organized neo-Nazi groups, estimated to have 500 active members and
several thousand additional sympathizers, promoted anti-Semitism and
harassed and attacked other minorities, including Roma. Jewish
community leaders expressed concern that some media coverage in the
country exhibited anti-Semitic undertones. Jewish community leaders and
2001 census data estimated the size of the Jewish community at
approximately 3,000 persons.
In August three teenagers (ages 16 to 18) were caught vandalizing
the Velka Ida Jewish cemetery near Kosice. They damaged 12 gravestones
and a rabbi's mausoleum. The 18-yar-old faced a possible sentence of
two years in prison, while the two younger boys faced a possible
sentence of one year each. The trial remained pending at year's end.
In September the National Council held a special session to debate
the political opposition's recall effort of minister of justice
Harabin, who was accused of having business ties to a narcotics
trafficker. Harabin told opposition parliamentarian Daniel Lipsic that
his inquiry reminded him of the ``behavior of certain Nazis, who had
Jewish ancestors and managed to participate in the killing of innocent
children, women, and old men in concentration camps, just to prove
their loyalty to fascism,'' and asked ``What is the difference between
Goebbels and Lipsic?'' Human rights groups, Jewish groups, and
opposition groups criticized Harabin's statements as anti-Semitic and
organized an anti-Fascism rally in Bratislava in the week following the
special session. Prime Minister Fico publicly distanced himself from
Harabin's statements, and stated that there was no room for anti-
Semitism in his government.
In January 2007 two young men were arrested and charged with
defamation against an ethnic group; the men shouted Nazi slogans at the
Bratislava rabbi and his son as they were leaving a synagogue. The case
was pending trial at year's end.
The 2006 trial of seven neo-Nazis in Kosice charged with possession
of illegal weapons and propagating an ideology that suppresses the
rights of others was postponed.
While direct denial of the Holocaust was not common, expressions of
support for the World War II-era Slovak fascist state, which deported
tens of thousands of Slovak Jews, Roma, and others to their deaths in
German concentration camps, occurred during the year. Extreme right-
wing groups, such as Slovenske Hnutie Obrody, regularly praised the
wartime fascist state and denied its role in the Holocaust. Slovenske
Hnutie Obrody and similar groups linked their Web sites to those of
Matica Slovenska, a cultural heritage organization that received
significant state subsidies, and reproduced articles from Slovenska's
newsletter.
The Nation's Memory Institute (UPN), which provides access to
previously undisclosed records of the Slovak regimes from 1939-89, was
attacked by the Slovak National Party (SNS) Chairman, Jan Slota. In
April Slota introduced a motion to abolish the UPN, effective January
2009. Slota's proposal was rejected by all other political parties, and
in May Slota withdrew the proposal from the National Council. Several
of the UPN's researchers, claiming the UPN had lost its independence
under the leadership of SNS appointee Ivan Petransky, left the UPN
during the year.
The MOI actively pursued violent extremist groups, and police
monitored Web sites hosting hate speech and attempted to arrest or fine
the authors. The Government also continued implementing its action plan
to fight discrimination, racism, xenophobia, and anti-Semitism. During
the year the Government organized educational programs on minority and
human rights issues. High school and university curricula promoted
tolerance, and students could also compete in annual essay contests
that focused on human rights issues.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and the law provide
for freedom of movement within the country, foreign travel, emigration,
and repatriation and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government had an established system for providing some protection to
refugees. However, the Government granted very few asylum seekers
refugee status, and the asylum law gives officials broad authority to
reject applicants based on technical errors in their applications.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives of
freedom would be threatened.
The Government also provided temporary protection to individuals
who may not qualify as refugees under the 1951 convention and the 1967
protocol and provided it to approximately 39 individuals from January
to August; 185 individuals were rejected. The law provides for
temporary protection, classified as ``tolerated residence,'' which is
granted if asylum is denied and the individual is not eligible for
deportation to his or her country of origin due to administrative
problems or fear for the person's safety.
The Government accepted refugees from third countries and provided
basic facilities and services to encourage integration. Language
training and work permits were available for refugees and asylum
applicants with extended stays.
In September 2007 the Government, the UNHCR, and the local NGO
Human Rights League signed an agreement to monitor border and airport
activities in an effort to assist asylum and refugee seekers by
providing a more efficient system for processing claims and making
counseling and advocacy services available to applicants. The agreement
was also designed to improve monitoring of illegal immigration and
trafficking. The UNHCR reported that the tripartite cooperation was
generally effective; however, the Government on occasion delayed
notification of UNHCR and NGO representatives, and individuals were
occasionally returned to Ukraine before they are able to receive
assistance.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and the law provide citizens the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections held on the basis
of universal suffrage.
Elections and Political Participation.--In June 2006 citizens voted
six political parties into the National Council in free and fair
elections. Three of the six parties then formed the governing
coalition. While election observers reported instances of localized
vote buying in Romani communities in the eastern part of the country,
they noted that it had no impact on the final election results.
Political parties operated without restriction or outside
interference. A political party must receive at least 5 percent of the
ballots cast to enter the National Council. In the 2006 elections,
voters had the option to mark a preferential vote for an individual
candidate on a political party list in addition to voting for a party.
There were 29 women in the 150-seat National Council, 36 women on
the 70-seat Supreme Court, and one woman in the 16-member cabinet.
The law prohibits collecting information on ethnicity, and it was
not possible to determine the number of members of minority groups in
government. No member of the cabinet claimed minority status. The party
of the Hungarian coalition held 20 seats in the National Council. Some
ethnic Romani individuals and parties were successful at winning
representation at the local level; however, Roma were consistently
underrepresented in government service, and no Roma were in the
National Council. The absence of a Romani political party was cited by
some activists as a reason that the minority failed to gain any seats
in the parliament, important government positions, or even the
attention of mainstream Slovak parties.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however, the Government did not
always implement the law effectively, and officials sometimes engaged
in corrupt practices with impunity. Corruption was a problem, and cases
of corruption were reported in the legislative and executive branches.
NGOs reported several instances of corruption by high-ranking
ministerial appointees. During the year a group of governing coalition
parliamentarians, led by Movement for a Democratic Slovakia Party
chairman Vladimir Meciar, campaigned for the dissolution of the special
court. In February they delivered a motion to the Constitutional Court,
arguing that the existence of the special court should be allowed only
in wartime or other similarly extraordinary situations. The motion
remained pending with the constitutional court at year's end.
In January minister of defense Frantisek Kasicky resigned after the
discovery that he authorized overpayment by as much as 10 times to
public tenders for cleaning services and snow removal.
In July minister of environment Jaroslav Izak resigned. Izak
provided subsidies from the Environmental Fund to private individuals,
which the prime minister stated violated the ethical principles of his
government.
In December Branislav Macaj, the head of the telecommunications
regulatory agency, was fired by a parliamentary vote at the request of
the minister of transportation, post, and telecommunications, Lubomir
Vazny, for allegedly delaying adoption of digital television standards.
Macaj subsequently charged that the digital television strategy favored
by the coalition's leading party was unduly influenced by financial
interests behind two domestic television networks. That strategy aimed
to preserve existing market shares for broadcasters, whereas Macaj's
plan was to admit more competition as a condition for broadcasters to
participate in new market offerings.
In September 2007 police began a criminal investigation of the NGO
Privilegium on the grounds that it had failed to pay almost 2.5 million
koruna (approximately $119,000) in payroll taxes associated with
government contracts in recent years. The minister of labor and social
affairs worked at Privilegium before joining the cabinet in 2006. The
investigation remained ongoing at year's end.
Government officials were subject to financial disclosure laws;
however, the parliamentary committee that received such information did
not have the authority to prohibit specific activities based on any
identified conflict of interest.
The MOI is responsible for developing the Government's overall
strategy for combating corruption, with a specific focus on
investigation and enforcement. The special court for corruption is
responsible for most prosecution efforts. The general prosecutor, who
is appointed by the parliament and independent of the executive and
judicial branches, also plays a leading role in prosecuting corruption.
The Office of the Slovak Republic, which answers to the prime minister,
also plays a role in developing anticorruption legislation and
regulations.
The law provides public access to government information; however,
NGOs cited a need for greater public awareness of the responsibility of
government to provide information. A few local government offices
denied information requests without justification or left them
unanswered.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views, although NGOs
reported that at times government officials seemed to view their
activities with suspicion or mistrust.
In February the Government withdrew a draft NGO law that sparked
much public debate and generated significant press attention for its
provisions that would effectively eliminate the legal basis for some
watchdog organizations and curb the activities of international NGOs in
the country.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and the law prohibit discrimination based on race,
gender, disability, language, or social status; the Government
effectively enforced these prohibitions in practice. However, violence
against women and children, trafficking in persons, and discrimination
against minority groups were problems. In April the antidiscrimination
law was amended to include ``temporary balanced actions,'' or
affirmative action. All government agencies are required to create
special favorable conditions for groups who are victims of
discrimination, including but not limited to employment, education, and
vocational training.
Women.--The law prohibits rape, including spousal rape. Although
the Government enforced the law effectively, rape was a problem and was
underreported. In 2007 there were 22 convictions for rape. Rape victims
had access to shelters and counseling offered by NGOs and government-
funded programs.
Domestic violence against women also continued to be a problem. The
law prohibits domestic violence; however, it was widespread, and
activists claimed that the Government did not enforce the law
effectively. A joint study performed by the Ministry of Labor, Social
Affairs, and Family (MLSAF) and the Public Policy Institute (IVO)
concluded that one of every five Slovak women is a victim of domestic
violence. In October the parliament passed a law providing police with
greater tools to combat domestic violence; the law allows police to
prohibit suspected offenders from re-entering the domicile where the
victim resides for 48 hours after an incident is reported. In 2007
there were 457 incidents of domestic violence reported and 246 persons
convicted for it. The law provides stricter sentences for violence
directed toward members of the same household and allows for continued
criminal prosecution even when a spouse drops charges. Domestic
violence is punishable by two to 12 years' imprisonment. Domestic
violence often was underreported due to the social stigma associated
with being a victim; crime statistics did not adequately reflect the
extent of the problem. The minister of labor, social affairs, and
family produced a widely viewed ``Stop Domestic Violence against
Women'' public information campaign from November 2007 to May 2008 with
the support of NGOs and the Council of Europe.
Prostitution is legal, but related activities, such as operating
brothels, knowingly spreading sexually transmitted diseases, or
trafficking in women for the purpose of sexual exploitation, are
prohibited. There was no reliable data on the extent of prostitution.
The law does not prohibit sexual harassment, and there were no
statistics available to measure the frequency or severity of the
problem. 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. The equal opportunity
office in the MLSAF worked in an advisory capacity to ensure the legal
rights of women, and has a particular department responsible for gender
equality and equal opportunities. Experts believed that reported wage
differences were due to large numbers of women working in low-paid
occupations, such as in education or social services. According to the
Ministry of Labor, the wage gap is due to the high participation of
women in low-paid professions such as healthcare, education, social
work, and light industry and low participation of women in higher-paid
management positions. NGOs continued to push for increased
opportunities for the political participation of women.
Children.--The Government was committed to children's rights and
welfare; the MLSAF and the Ministry of Education oversaw implementation
of the Government's programs for children.
While education is universal, free through the post-secondary
level, and compulsory until the age of 16, Romani children exhibited a
lower attendance rate than other Slovak children. Although Romani
children comprised nearly 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 normal range of
intellectual capacity. In many ``special'' schools, the registered
student body was nearly 100 percent Roma. 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 necessary knowledge on to higher education institutions,
which also do not accept special school certificates as evidence that
students meet entry criteria.
In July Amnesty International (AI) released a report on school
segregation in the town of Pavlovce Nad Uhom. AI found that 99.5
percent of the pupils in the town's ``special'' school were Romani
students, some of whom were previously functioning at an acceptable
level in the mainstream elementary school prior to their transfer. AI
also found that Romani parents were offered cultural and financial
incentives (through the provision of motivational scholarships to high-
performing children at the special school, regardless of the presence
of a mental handicap) to send their children to what was locally known
as the ``gypsy'' school. Following AI's report the Government conducted
an investigation of enrollment procedures at the special school and
found that only 21 of the 57 new pupils admitted in 2007 had been
properly assessed; 12 of the 57 students were transferred back to the
mainstream school in February, a number that AI believed should have
been much higher.
An increasing number of NGOs, including the League of Human Rights
Activists (LPR), trained Romani children from special primary schools
to help them transfer to regular schools. As a result of the LPR
program, 24 children in Trnava entered regular schools in the 2006-07
school year, and 45 children entered regular schools in Zlate Klasy in
the fall of 2007.
Child abuse remained an underreported problem according to child
advocates. The Government continues to increase training programs to
reduce the instance of child abuse and implemented a publicity campaign
to raise awareness of the issue. A number of children's foundations
operated programs for abused and/or disabled children and the UN
Children's Fund (UNICEF) continued to operate a hot line for children.
In June 2007 the MOI, UNICEF, and corporate contributors announced
a new program to search for lost or runaway children, estimated at 700
nationwide, and to provide assistance to families of these children.
Child prostitution is prohibited; however, according to the UN, it
remained a problem in Romani settlements with the worst living
conditions. Most of the perpetrators were other Roma.
There were approximately 7,500 children in institutional care, the
majority of whom were Roma. Most government orphanages were long-term
care facilities rather than short-term residences. Activists claimed
that orphans had difficulty integrating into society at age 18 and
faced an increased risk of falling victim to trafficking.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that women and children were
trafficked from, within, and through the country. Men were also
trafficked for forced labor.
The International Organization for Migration (IOM) estimated that
between 150 and 200 persons were trafficked from or through the country
during 2007, mainly for the purpose of commercial sexual exploitation.
There were isolated reports that children were forced into
prostitution. The IOM reported expanded usage of victims' assistance
programs linked to increased awareness of these programs. Most of the
victims trafficked through the country came from the former Soviet
republics (particularly Moldova and Ukraine), the Balkan and Baltic
countries, and China. According to a UN Office on Drugs and Crime
(UNODC) study, from 1998 to 2007, an estimated 86,000 illegal migrants
transited Slovakia. There were no foreign trafficking victims
identified by law enforcement authorities during that same period. The
MOI provided training in victim identification for national police and
border guards during the year.
Traffickers also recruited Slovaks. Victims were typically
trafficked through the Czech Republic or Austria to Western and
Northern Europe. Victims were typically between the ages of 18 and 25
and from various social backgrounds, but particularly from areas with
high unemployment. Some experts believed that Romani women and persons
raised in state institutions were most vulnerable to being trafficked
because of their socioeconomic situation and reduced freedom of
mobility.
Traffickers lured women with offers of employment, often relying on
personal connections. Victims, frequently forced to work while
transiting the country, were often placed as prostitutes or as exotic
dancers in nightclubs. Such activity was concentrated on the border
with Austria, close to Ukraine, and along trucking routes with a
prevalence of nightclubs. Traffickers closely monitored victims,
withheld their documents, and used violence to ensure their compliance.
Some victims allegedly were threatened with violence or even death if
they attempted to escape.
By law traffickers may be sentenced to four to 10 years in prison.
The sentence may be increased to as much as 25 years depending on
complicating factors, for example, if a trafficking incident involves
wrongful death.
Police initiated investigations in 10 cases of trafficking during
the year. Courts convicted and sentenced seven traffickers in 2007,
none of whom were involved in child trafficking. Sentences were often
mild or suspended.
In February 2007 police uncovered a trafficking ring organized by
Slovak and Slovenian citizens that recruited young Slovak women to work
legally in Croatia, and then forced them to work as prostitutes in
Slovenia. Four members of the organization were arrested and were in
custody at year's end awaiting trial.
The Government agencies responsible for combating trafficking
include the national coordinator to combat trafficking in persons; the
police antitrafficking unit; the ministries of interior, finance,
justice, and education; the Prosecutor's Office; the border police; the
equal opportunity office at the MLSAF; and the plenipotentiary for
Romani communities. The Government developed a 2008-10 national action
plan to combat trafficking in persons, which focuses on training for
law enforcement and social workers, as well as victim's assistance.
Police participated in international investigations on a limited
basis. Slovenia, Austria, and Belgium made requests for extradition of
perpetrators of trafficking in persons. One person was extradited to
Slovenia in 2007 based on a European Union arrest warrant; the other
cases were pending at year's end.
During the year, the national coordinator cooperated with five NGOs
(Dotyk Crisis Center, Prima, Caritas, IOM, and the Cultural Association
of Roma) to identify and provide shelter and services to victims of
trafficking. Dotyk reported that it housed and assisted eight victims
through the Government's program during the year; IOM reported that it
housed and assisted seven victims through the Government's program
during the year. The Government also carried out a project with the
UNODC in 2007 aimed at strengthening legislative, investigative,
prosecutorial, and technical capabilities to combat trafficking and to
provide protection and support to victims. The MOI carried out
prevention programs for teachers, students, and mayors, with a
particular focus on towns near the Ukrainian border. Although no formal
screening or referral process was in place, the law required police to
provide a list of assistance programs to suspected victims. NGOs
reported increased cooperation and communication with police.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or the provision of other state services, and 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 that laws to provide assistance to
students with disabilities were not 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 deficiencies in psychiatric care of patients with
mental disorders and in mechanisms to monitor human rights violations
against them. Psychiatric institutions and hospitals, which fall under
the purview of the Ministry of Health, continued to use cage beds. The
law prohibits both physical and nonphysical restraints in social care
homes, managed by the MLSAF. Several NGOs conducted public education
campaigns on mental illness and worked cooperatively with the Health
Ministry.
While the Government enacted legislation in 2007 requiring
television stations to provide ``voiceover broadcasting'' for blind
viewers, less than 30 percent of television programs provide such
services. While the law defines mandatory standards for access to
buildings, NGOs noted that they had not been fully implemented,
although access to privately owned buildings improved more rapidly than
access to state buildings.
The Council for Citizens with Disabilities, chaired by the minister
of labor, social affairs, and family, serves as a governmental advisory
body regarding persons with disabilities.
National/Racial/Ethnic Minorities.--Discrimination against Roma and
individuals of non-European ethnicity was common. Roma are 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 400,000. The discrepancy was attributed to Roma
identifying themselves as Hungarians or Slovaks.
Racially motivated attacks on minorities, Roma and otherwise, were
reported widely throughout the year, but investigation of attacks and
law enforcement varied by jurisdiction. Of the cases brought to trial
during 2007, one case of racially motivated murder resulted in
conviction; seven of the eight cases of racially motivated assault that
involving in serious injury resulted in convictions, 22 of 33 cases of
violence against a racial or ethnic group resulted in convictions; and
11 of 17 cases of ``violent threatening'' resulted in convictions.
Roma were particularly singled out for violence, and police
detained numerous individuals for attacks against Roma motivated by
racial hatred. There were also reports that police mistreated Roma.
Skinhead and neo-Nazi violence against Roma and other minorities
continued to be a serious problem. The League of Human Rights Activists
(LPR) reported that, although police were increasingly responsive in
their efforts to monitor and control the skinhead movement, the problem
persisted. The LPR also reported receiving e-mail and telephone threats
from skinheads.
Several non-Romani minorities as well as foreigners were also
victims of racially motivated attacks.
In April two individuals attacked an African-American basketball
player in Kosice. In response, she cancelled her contract with the
Kosice sport club and left the country. In August the Kosice
Prosecutor's Office filed a case against one of the perpetrators and
bargained a sentence with the other perpetrator. The court sentenced
the latter to a two-year suspended sentence and three years' probation.
In April a visiting British doctor of African descent was attacked
by a 24-year-old male who shouted racial slurs during the attack. In
November the Bratislava dDstrict Court found the attacker guilty of
disorderly conduct and defamation of nationality and race and sentenced
him to a one-year suspended sentence.
In September the District Court in Kosice sentenced a 17-year-old
boy to five years in prison for the killing of a 14-year-old Romani
boy. The perpetrator repeatedly hit the victim in the head with an axe,
continuing after the victim fell down, and left the victim's body near
a local creek.
In March 2007 the LPR received reports of attacks on Nigerian,
Mexican, and Vietnamese citizens. Several skinheads attacked the
Nigerian citizen, a resident married to a Slovak woman, in Bratislava.
After visiting the scene of the alleged crime with police, the victim
went to the police station to file a complaint and was himself charged
with assault and detained. The case was pending trial at year's end,
with the LPR representing the Nigerian citizen.
The alleged 2006 attack on ethnic Hungarian university student
Hedviga Malinova in Nitra continued to draw media attention during the
year, sparking public debate on the Government's handling of the case.
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. The minister of
interior and other officials publicly supported the decision.
Journalists and human rights advocates criticized the decision,
charging that a cover-up had taken place. Malinova's multiple appeals
to the Constitutional Court were rejected, and in May 2007 the Nitra
police formally charged Malinova with perjury. In September 2007 the
prosecutor reopened the case with new investigative and prosecutorial
teams at year's end. In October the Prosecutor's Office asked that
Malinova submit to a lie detector test, which her lawyers refused to
allow in Slovakia. The case remained pending at year's end. Malinova's
case against the Government for ``inhuman and humiliating treatment''
also remained pending at the ECHR.
Police continued to investigate the 2006 case of three masked
attackers who broke into a Romani family's home in Sered and beat the
occupants.
The Slovak National Center for Human Rights reported receiving 760
complaints of discrimination from January to August. In approximately
80 percent of the cases, claims involved labor-related discrimination,
especially in regard to hiring processes. Other discrimination
complaints concerned the provision of goods and services, social and
health care, and education. One NGO criticized the length of time it
took for the center to issue required legal opinions on claims of
discrimination.
Widespread discrimination against Roma continued in employment,
education, health services, housing, and loan practices. Activists
frequently alleged that employers refused to hire Roma, whose
unemployment rate exceeded 95 percent in many settlements.
Local authorities and groups forced evictions of Romani inhabitants
or blocked construction permits or the purchase of land. Many Romani
settlements lacked formal infrastructure, access to clean water, and
proper sewage systems. In September 2007 the city of Nove Zamky sold a
building occupied primarily by Romani tenants, many of whom were in
default on rent payments, to a private owner, who announced he would
tear down the building as a condition of the sale. The owner evicted
and moved 40 Romani families to housing without basic services, mostly
in surrounding villages that lacked efficient transportation to the
city. The case attracted the attention of the deputy prime minister,
who labeled racism as a factor, saying the cases reminded him of World
War II relocations. Similar, less-publicized cases were reported in
other towns throughout the year, including Tornala, Kosice, and
Kezmarok.
The law prohibits defamation of nationalities in public discourse;
however, this law was enforced only when other offenses, such as
assault or destruction of property, were also committed. There were
instances of public officials at every level defaming minorities and
making derogatory comments about Roma. Inflammatory speech by
government officials also raised tensions between ethnic Hungarians and
ethnic Slovaks, especially since 2006.
At a soccer match in Dunajska Streda on November 1, authorities
used force to expel rowdy Hungarian fans from the stadium, which
triggered a demonstration by Hungarians at the Slovak Embassy in
Budapest.
On November 8, members of the Hungarian Guard dressed in Nazi-era
uniforms crossed the border to lay wreaths at two war memorials, and
were subsequently arrested by Slovak police. Hungarian Jobbik party
members attempted to block the border crossing outside Bratislava on
November 10. Slovak Prime Minister Fico and Hungarian Prime Minister
Gyurcsany met on November 15 in an effort to reduce bilateral tensions.
Extreme right, nationalist, and neo-Nazi groups such as Slovenska
Pospolitost (Slovak Community) and Narodny Odpor (National Resistance)
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 November the
MOI withdrew Slovenska Pospolitost's registration as a citizen's
organization. Pospolitost demanded an official explanation of the
ministry's decision, claiming that the organization did not do anything
illegal.
Anecdotal reports of increased sales of neo-Nazi and white
supremacist materials continued. In September 2007 police arrested the
owners of a Bratislava clothing store for selling Nazi apparel and
educational materials. The trial remained pending at year's end.
The 2006 cases of racially motivated speech and incitement to
violence by the leaders of the white supremacist World Church of the
Creator and the National Alliance organizations and the 2006 Banska
Bystrica case in which three men held banners with ``Death to
Hungarians'' at a soccer match continued to await trial.
The Government continued to make efforts to address violence and
discrimination against Roma and other minorities, although some critics
worried that judges lacked sufficient training in the relevant laws.
The Government continued to implement its action plan against
xenophobia and intolerance, which included a special police unit to
monitor extremist activities. A commission consisting of NGOs, police,
and government officials advised the police on minority issues.
In January Anina Botosova, the plenipotentiary for Roma affairs,
announced the updated national minority strategy, which incorporated a
wide range of education, employment, housing, and social integration
policy recommendations from the Roma advocacy community. Under an
agreement between the Government and the European Union (EU), the
country must commit a minimum of 8 billion koruna (approximately $381
million) of the funds it receives from the EU to projects that
specifically address the needs of the Romani community.
The plenipotentiary maintained five regional offices to supervise
the implementation of governmental policy on Romani issues, support
infrastructure development, and cooperate with municipalities and
villages to improve interaction between Roma and non Roma. Although the
EU gave the plenipotentiary's office funds to hire 35 new staff
members, NGO representatives believe the office remained insufficiently
staffed and unable to actively engage with the NGO community on a
regular basis. The MLSAF assigned specially trained social workers to
Romani settlements to assist with government paperwork and to advocate
the importance of education and preventative health care. The Ministry
of Health continued to train Romani-speaking health care assistants to
improve the community's access to health services.
During the year the Government allocated 9.5 million koruna
(approximately $452,380) for a national antidiscrimination plan. The
Office of Deputy Prime Minister for Human Rights served as the
secretariat for the Council of National Minorities and the Government
Council for NGOs.
Other Societal Abuses and Discrimination.--There were no reports of
violence based on sexual orientation but, according to gay rights
advocates, prejudice and discrimination persisted.
There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right to
form and join independent unions of their choice except in the armed
forces, and workers exercised this right in practice. Labor unions
estimated that 17 percent of the work force was unionized; business
associations believed the actual figure was less than 10 percent. The
law provides unions the right to strike with advance notice when
collective bargaining fails to reach an agreement or to support other
striking employees' demands (solidarity strike). The unions generally
exercised these rights in practice without restrictions. The law
prohibits dismissing workers legally participating in strikes; however,
strikers are not ensured protection if a strike is considered illegal
or unofficial. Civil servants in essential services and members of the
military may not strike.
b. The Right to Organize and Bargain Collectively.--The law
provides for unions to conduct their activities without interference,
and the Government generally protected this right in practice. The law
provides for the right to organize and bargain collectively, and
workers exercised these rights in practice. There are no special laws
or exemptions from regular labor laws in export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that women and children were trafficked for commercial sexual
exploitation. According to IOM reports, eight men were victims of
forced labor.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law provides for the protection of children from exploitation in the
workplace; however, there were some reports that children were
exploited and that Romani children in some settlements were exploited
for commercial sex. NGOs reported that most victims, including children
with disabilities, were exploited by family members or other Roma.
The minimum age for employment is 15, although children under 15
may perform light work in cultural or artistic performances, sports
events, or advertising activities if it does not affect their health,
safety, or schooling. The National Labor Inspectorate and Public Health
Office must approve, determine the maximum hours for, and set
conditions for child labor under age 15. Children under age 16 may not
work more than 30 hours per week, and children ages 16 to 17 are
limited to 37.5 hours per week. Children under age 18 are not allowed
to work underground, work overtime, or perform work that is
inappropriate for their age or health.
District inspection units received and investigated child labor
complaints. If a unit determined that a child labor law or regulation
had been broken, it turned the case over to the national inspection
unit of the MLSAF. Enforcement was consistent across all communities.
Child labor, in the form of begging, was a problem in some
communities; there were also isolated reports of children forced into
prostitution, often by family members.
e. Acceptable Conditions of Work.--In September President
Gasparovic signed an amended Act on the Minimum Wage, which was the
result of negotiations between the Ministry of Labor, unions, and
employer associations. The amended act increases the minimum wage from
8,100 koruna (approximately $385) to 8,900 koruna ($423) as of January
1, 2009. The minimum wage provided a decent standard of living for a
worker and family in rural areas of the country, but not in urban
areas. The amended act increases the Government's role in the minimum
wage negotiations and decreases the role of ``social partners'' (the
Ministry of Labor, unions, and employers) in the event these do not
reach compromise on the exact amount of the minimum wage.
The law mandates a maximum workweek of 48 hours including overtime,
with 30-minute breaks after six hours of work or after four hours for
employees younger than 18, and rest periods of at least 12 hours
between shifts. Trade unions, local employment offices, and the MLSAF
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. Employees working
under conditions endangering their health and safety for a certain
period of time are entitled to be paid ``relaxation'' leave in addition
to their standard leave.
__________
SLOVENIA
Slovenia is a parliamentary democracy and constitutional republic
of approximately two million persons. Power is shared between a
directly elected president (head of state), a prime minister (head of
government), and a bicameral parliament composed of the National
Assembly (lower house) and the National Council (upper house). On
September 21, the country held free and fair multiparty parliamentary
elections. Civilian authorities generally maintained effective control
of the security forces.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. There were
reports of trial delays, indirect government influence on the media,
and cursory procedures for review of asylum applications. Societal
violence against women, trafficking in women and girls, discrimination
against Roma, violence against homosexuals, and discrimination against
former Yugoslav residents without legal status were also problems.
On February 15, legislation took effect which provides victims of
domestic violence with specific rights and improves the procedures for
government agencies that deal with domestic violence cases.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices and, in
contrast with 2007, 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. In February the Council
of Europe's Committee for the Prevention of Torture (CPT) publicly
released its report on its 2006 visits to the country's prisons and
detention facilities. The delegation heard a few allegations of
physical mistreatment, including slaps, kicks, punches and truncheon
blows. Some detained persons alleged that they received threats
(including of a sexual character), excessive psychological pressure,
and verbal abuse during interrogations. There were several allegations
of detained persons being placed in a cell for several hours in a
hyperextended position with hand and ankle cuffs linked together behind
the back), apparently to ``calm them down.'' The report concluded that
juvenile detainees were not properly informed of their rights during
police custody; the CPT also reported that overcrowding continues to be
a problem in some prison facilities.
During the year the Government initiated quarterly visits to
facilities by representatives of the human rights ombudsman's office
and nongovernmental organizations (NGOs). After each visit, the group
provided recommendations to the facility on how to improve conditions
and prevent problems, and then followed up on the recommendations with
the facility's administrators to verify implementation.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--Police are centrally
organized under the supervision of the Ministry of Interior. The
ministry oversees the drafting of basic guidelines, security policy,
and regulations governing the work of the police and exercises special
inspectorial authority in monitoring police performance, with an
emphasis on the protection of human rights and fundamental freedoms.
The police provided effective law enforcement.
During the year the Independent Commission for the Prevention of
Corruption referred 28 credible reports of police corruption or
corruption-related criminal acts to police and the state prosecutor for
further investigation. There were no reports of prosecutorial
corruption.
The law provides procedures for the review of alleged police abuse
by a three-person government committee that includes two
representatives of civil society organizations. The committee does not
have authority to conduct independent investigations, and it relied on
information provided by Ministry of Interior or police investigators.
Committee findings were usually forwarded to the state prosecutor's
office and published; cooperation between the committee and the state
prosecutor's office reportedly increased during the year.
During the year the police internal investigation division, which
began operations in November 2007, investigated 201 allegations of
misconduct by police, prosecutors, and judges.
Arrest and Detention.--Persons taken into police custody were
generally apprehended openly with evidential warrants issued by either
a prosecutor or judge. Persons can be detained for 48 hours before
charges are brought. Authorities must also advise detainees in writing
within 48 hours of the reasons for their arrest. Upon arrest, detainees
have the right to contact legal counsel of their choice, and
authorities generally respected this right in practice. The Government
provides indigent detainees with free counsel, and detainees were
generally allowed prompt access to family members. The law also
provides safeguards against self-incrimination.
Once charges are brought, pretrial detention may last for up to
four months, depending on the severity of the criminal act, and must be
certified by an investigative judge. Once trial procedures have begun,
the total period of detention may be extended for up to two years.
Persons detained more than two years while awaiting trial or while
their trial is ongoing must be released pending conclusion of their
trial. Lengthy pretrial detention was not a widespread problem, and
defendants generally were released 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. Despite a law that took effect in
January 2007 providing the right to a trial without undue delay, court
backlogs continued to sometimes result in lengthy delays in trials. As
of September 30, the backlog totaled 275,627 cases, and the ministry
hired 155 judges and clerks during the year to cope with the backlog.
Trial Procedures.--The constitution and law provide for the right
to a fair trial, and an independent judiciary generally enforced this
right. The judicial system was overburdened and lacked administrative
support; as a result, the judicial process frequently was protracted.
In many cases, criminal trials lasted from two to five years.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent and impartial judiciary in civil matters. As
with criminal matters, court backlogs sometimes resulted in lengthy
trials.
Property Restitution.--As of June 30, the Government had resolved
38,584 or 97.3 percent, of the 39,642 property restitution claims that
have been filed with authorities. Unresolved cases included those in
which the courts had not reached a final decision and those pending
appeal. Court backlogs, a lack of trained judicial and administrative
personnel, amendments to the Denationalization Act, and inadequate land
ownership records slowed claims processing. Some claimants have
complained of a general lack of transparency, bias, and potential
conflicts of interest on the part of adjudicators, and procedures that
were inconsistent with the law. An effort to initiate a program for the
restitution of Jewish communal property has encountered a number of
delays.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice; however, there were reports of
indirect government influence on the media.
The penal code criminalizes the promotion of ``national, race, or
religious discord or intolerance or the promotion of superiority of one
race over others.'' There were no reports that criminal charges were
brought against individuals or publications under this provision during
the year.
Individuals could criticize the Government publicly or privately
without reprisal, and the Government did not attempt to impede
criticism.
The independent media were active and expressed a variety of views,
and international media operated freely. The major print media were
supported through private investment and advertising; however, the
Government owned substantial stock in many companies that were
shareholders in the major media houses. There were reports that
indirect political and economic pressures and partial government
ownership of media companies influenced journalists and the media, and
that self-censorship was practiced in some media outlets. The office of
the Government's human rights ombudsman stated that these indirect
attempts by government to control media failed with respect to print
media, but did slightly influence broadcast media. Following a March
19-20 visit to the country, the International Press Institute released
a report highlighting concerns about media ownership structures, the
lack of government-media dialogue, and the delay in creating an
independent media commission. At year's end, the Government had not
established a commission.
The Government operated a ``media pluralization'' fund intended to
ensure that media reflected a diversity of viewpoints. Some media
watchdog groups reported that a disproportionate level of pluralization
funds have gone to Catholic Church media and media outlets favorably
disposed towards the Government.
The law provides criminal penalties for defamation that harms a
person's honor or name; there were no reports of any prosecutions for
defamation during the year.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Internet access was widely available, and nearly one-half of citizens
used the Internet at least once a 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.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
While there are no governmental restrictions on the Muslim
community's freedom of worship, services were commonly held in private
homes for lack of a larger venue. On June 30, the Ljubljana city
council adopted a zoning plan for the country's first mosque, and the
Islamic community's representative and Ljubljana's mayor signed the
contract for purchase of the land on December 24. At year's end,
construction had not begun.
In July 2007 the Justice Minister, who was the chair of the
Government Commission for Religious Communities, and Mufti Nedzad
Grabus signed an agreement that acknowledged the Muslim community as an
integral part of society, more clearly defined the areas of its
activities, and facilitated the implementation of its programs. It also
gave the Muslim community the right to establish its own media and
educational institutions, to preserve historical and cultural heritage,
to conduct religious services in hospitals and for army and police
forces, and placed Muslim charities on equal footing with other
charities. Negotiations on implementing the agreement were ongoing at
year's end.
Societal Abuses and Discrimination.--There are approximately 300
Jews in the country. Jewish community representatives reported some
prejudice, ignorance, and false stereotypes of Jews propagated within
society, largely through public discourse. There were no reports of
anti-Semitic violence or overt discrimination.
The Government promoted antibias and tolerance education in the
primary and secondary schools, and the Holocaust is a mandatory topic
in the contemporary history curriculum. On September 7, the Jewish
community, supported by local government officials, held the third
annual European Day of Jewish Culture festival. President Turk was the
honorary patron for the celebrations held in Ljubljana, Maribor, and
Lendava.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern. The law prohibits forced exile, and the
Government did not employ it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The country adheres to the European Union's Asylum Policy
Directive/Treaty of Amsterdam requirements. In practice, the Government
provided some protection against expulsion or return of refugees to
countries where their lives or freedom would be threatened. As of
September 1, the Government had received 146 requests for refugee
status or asylum and granted asylum in two cases.
During the year the Government did not provide temporary protection
to persons who may not have qualified as refugees under the 1951
convention or the 1967 protocol.
The Government cooperated with the UNHCR and other humanitarian
organizations in providing protection and assistance to refugees and
asylum seekers.
Border police can perform an initial screen of asylum seekers and
reject applications they deem to be ``manifestly unfounded.'' This
procedure could prevent the applications of some asylum seekers from
receiving a thorough review. In 2006 the Constitutional Court ruled
that asylum seekers should be allowed to change their asylum
application if there were considerable changes in their circumstances;
however, at year's end, this ruling had not been implemented.
The law provides asylum seekers with the right to appeal decisions
on their applications, but many asylum seekers were not informed of
this right. The independent ombudsman for human rights, the UNHCR, and
several NGOs reported that the Government put excessive restrictions on
refugees' freedom of movement by requiring asylum seekers to sign a
statement renouncing their claim to asylum if they left the premises of
the asylum center. The Government received some complaints about living
conditions, but few complaints about the asylum process itself.
The country's law is intended to comply with European Union asylum
directives. However, Amnesty International (AI) expressed concern that
the law provides for accelerated asylum procedures with few safeguards,
and that its exclusion clauses and broad detention powers could lower
the country's asylum standards.
Stateless Persons.--Human rights NGOs estimated that there are
approximately 4,000 to 6,000 persons without legal status in the
country as the result of the Government's 1992 erasure of the names of
approximately 18,000 persons from the register of permanent residents.
These persons were mostly Yugoslav citizens residing in the country at
the time of independence who did not apply for citizenship in 1991-92.
The deletion of these records has been characterized by some as an
administrative decision and by others as a politically motivated act,
based on a desire to exclude former Yugoslav nationals who did not
actively seek Slovenian citizenship. Some of those affected complained
that they had been legal residents at the time of the deletions and
therefore saw no need to apply for citizenship. Others stated that they
were not properly informed of the requirement to apply for citizenship.
The deletion of records resulted in a loss of legal status and, as a
consequence, the loss of housing, employment, health insurance, pension
rights, and access to higher education for some.
In 2003 the Constitutional Court ruled portions of a law governing
the legal status of former Yugoslav citizens to be unconstitutional
because the law neither recognized the full period in which ``erased''
persons resided in the country nor provided them the opportunity to
apply for permanent residency. As of year's end, the Government had not
completed legislation to resolve the court's concerns.
In 2006 a group of 11 ``erased'' persons filed a complaint with the
European Court of Human Rights claiming several violations of their
rights, including discriminatory treatment, denial of social benefits,
a loss of legal status, and the lack of effective legal remedy due to
the Government's failure to implement the constitutional court ruling.
The case was still pending at year's end. In a 2006 report, the UN
Committee on Economic, Social, and Cultural Rights urged the Government
to restore the status of permanent resident to all individuals
concerned to allow them to reclaim access to social services,
education, and employment. In March local NGOs organized a four-day
protest, criticizing the Government for failing to rectify the plight
of the ``erased'' persons.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--On September 21, the
country held free and fair national parliamentary elections.
Political parties operated without restriction or outside
interference.
There were 12 women in the 90-seat National Assembly and one woman
in the 40-seat National Council. There were five women in the 18 member
cabinet.
There were two members of minority groups in the 90-seat National
Assembly and none in the 40-seat National Council or in the cabinet.
The constitution provides the ``autochthonous'' (indigenous) Italian
and Hungarian minorities the right, as a community, 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 autochthonous
at the local level, are entitled to a seat on their local municipal
council. As of year's end, one municipality-Grosuplje-remained in
noncompliance with this law for a third straight year. Although in 2007
and 2008 both the Government Office for Nationalities and the Romani
community submitted proposals to freeze the municipality's budget until
it complied with the law, the Government did not take any action on the
proposals before year's end.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively; however, officials sometimes
engaged in corrupt practices.
Corruption was perceived by the public to be a widespread problem.
Only the highest-level government officials-approximately 5,000 of the
country's 80,000 public servants-are subject to financial disclosure
laws. As of September 1, the Independent Commission for the Prevention
of Corruption received 661 cases of suspected corruption and found 116
out of the 465 cases that were assessed during the year to be credible.
The remaining cases were not assessed by year's end.
The commission played an active role in educating the public and
civil servants about corruption; however, it claimed it had neither
adequate staff nor funding to fulfill its mandate and assess all cases
of suspected corruption that it received during the year. In 2006 the
Constitutional Court stayed legislation that would have terminated the
commission and replaced it with a parliamentary anticorruption
commission. During the year the commission forwarded 143 suspected
cases of corruption to police and prosecutors and 65 cases to other
state institutions, including cases received in 2007 but not processed
until the next year.
The law provides for free public access to all government
information, and the Government provided access for citizens and
noncitizens alike, including foreign media. The Government may deny
public access only to classified information, personal data protected
by privacy laws, and other narrowly defined exceptions.
The office of the Government information commissioner reported that
the number of complaints related to the nonresponsiveness of state
institutions declined. During the year the office received 258
complaints of nonresponsiveness of state institutions and 167
complaints under the Law on Access to Public Information.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views, although some
human rights groups complained of lengthy delays in government
responses.
Section 5. 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 in practice. However, violence
against women and children, trafficking in persons, and discrimination
against homosexuals and Roma were problems.
Women.--Rape, including spousal rape, is illegal; however, it was a
problem. In 2007, AI and SOS Phone, 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. Spousal rape, in
particular, was rarely reported to authorities. Police actively
investigated reports of rape and prosecuted offenders. The penalty for
rape was one to 10 years in prison. During the year there were 62
criminal acts of rape, 60 criminal acts of sexual violence, 19 criminal
acts of sexual abuse of the weak, and 178 criminal acts of sexual
attack on a minor under the age of 15 reported to authorities.
Although no accurate statistics were available, violence against
women, including spousal abuse, occurred and was generally
underreported. The Office for Equal Opportunity began funding a
multiyear research project to gather domestic violence data. Domestic
violence, although not specifically prohibited by the law, was
prosecuted under statutes criminalizing assault, which provide for
penalties of up to 10 years' imprisonment in the case of aggravated and
grievous bodily harm. SOS Phone estimated that 25 percent of women had
experienced domestic violence. The NGOs SOS Phone and Kljuc provided
support hot lines, and SOS Phone reported receiving 5,287 calls during
the year. The Government partially funded 19 shelters, safe houses, and
maternity homes (12 run by NGOs and seven by government organizations)
that offered 305 total beds. Although the Government's report on
funding did not distinguish between the types of facilities, SOS Phone
reported that only 11 of the 19 shelters are specifically for battered
women and children and the total number of beds in these shelters is
182. The other eight facilities-maternity homes or social work centers-
were for more general assistance, with staff that were not all trained
to work with victims of violence, and did not always accept victims.
The Government worked with NGOs to implement the law with regard to
handling domestic violence cases, including providing shelters and
social work centers. When police received reports of spousal abuse or
violence, they generally intervened and prosecuted offenders. The
police academy offered training on domestic violence.
Prostitution is illegal, but the Government did not actively
enforce this prohibition. Antitrafficking authorities and NGOs
informally estimated that as many as 80 bars and clubs across the
country could be engaged in facilitating or promoting prostitution.
Sexual harassment remained a widespread problem. The amended penal
code, effective November 1, expanded the prohibition on sexual
harassment to cover the entire workforce and not just the civil
service. During the year, 31 criminal acts were reported.
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. On
average, women's earnings were 93 percent of those of men.
Children.--The Government was committed to protecting children's
rights and welfare.
While education for children is compulsory through grade nine, a
2006 AI report noted that school attendance by Romani children varied
widely by region (39 percent of Romani children attend school in the
southeastern Dolenjska region and 70 percent attend school in the
northeastern Prekmurje region). Poverty, discrimination, and language
continued to be the main barriers to the participation of Romani
children in education programs. AI reported that the Romani literacy
rate was 10 percent. A number of Roma reported that their children
attended segregated classes and were selected by authorities in
disproportionate numbers to attend classes for students with special
needs. A 2006 report by the Council of Europe commissioner for human
rights noted that de facto segregation continued to exist in the
Brsljin school district in Novo Mesto. For the 2007-08 academic year,
the Government hired five additional teachers for the Brsljin schools
to work specifically on helping Romani children reach basic standards
in Slovene, mathematics, and English.
During the year the Government completed a bilingual primary school
curriculum. The Government continued funding efforts to codify the
Romani language, but the Roma Association did not accept the
codification due to linguistic differences between the two major Romani
groups (in Dolenjska and Prekmurje). The Ministry of Education signed
an agreement with the European Social Fund to provide six years of
funding to hire 26 Romani educators to work with teachers and parents.
Prior to this agreement, Romani assistants worked in some schools, but
many schools could not hire Romani coordinators due to administrative
impediments.
Child abuse was a problem. During the year there were 178 criminal
acts of sexual abuse of a child under the age of 15 reported to
authorities. Trafficking in children, mainly teenage girls transiting
the country, was a problem. The law provides special protection for
children from exploitation and mistreatment, and the Government
generally enforced the law in practice. The amended penal code,
effective November 1, criminalizes the possession of child pornography,
in addition to the sale, purchase, or propagation of it prohibited by
the previous statute.
The Center for Social Work Grosuplje, the Ministry of Labor,
Family, and Social Affairs, and the retail company Mercator operated
the ``Palcica'' safe house, which provided shelter for children up to
the age of six who were victims of domestic violence or whose parents
had died suddenly.
Child marriage occurred within the Romani community; however, it
was not a widespread problem.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, the country continued to be a transit country and,
to a lesser extent, a destination country for men, primarily for labor
exploitation, and women trafficked for commercial sexual exploitation.
Trafficking in children, mainly teenage girls transiting the country,
was a problem. There were also rare reports that it was a country of
origin for trafficking.
Sources for persons trafficked to or through the country included
Ukraine, Slovakia, Romania, Moldova, Bulgaria, Colombia, the Dominican
Republic, Turkey, Albania, and Montenegro. A 2006 Peace Institute study
reported that, although the majority of trafficking victims were
transiting from southern, eastern, and central Europe through the
country, it was a source country for trafficking to countries such as
Italy, Spain, the Netherlands, and Germany. The study reported that
victims were trafficked primarily for sexual exploitation and that
traffickers lured victims through advertisements promising high wages,
marriage, employment as entertainers and dancers, and employment
without indication that it would involve the sex industry. Organized
criminal groups, nightclub owners, and local pimps were primarily
responsible for trafficking. Those at particular risk of being
trafficked were teenage girls and young women who lived in impoverished
areas with high unemployment. Many of these women were unaware of the
trafficking problem and the risk that they might become trafficking
victims.
Penalties for trafficking range from six months to 10 years'
imprisonment. Authorities can also prosecute persons for rape, pimping,
procurement of sexual acts, inducement to prostitution, sexual assault,
slavery, and other related offenses.
The Government apprehended, investigated, and prosecuted
traffickers; police investigated nine instances of human trafficking
and seven instances of forced prostitution. During the year there were
nine criminal acts of trafficking reported to authorities. There were
no trafficking convictions during the year for crimes committed in
previous years. Regional police directorates had departments that
investigated trafficking and organized crime. One prosecutor in each
regional state prosecutor's office was dedicated to trafficking cases.
During the year the Government continued to actively cooperate with
NGOs and Interpol in project ``Red Routes'' by sharing information
about traffickers and patterns of illegal migration. The Ministry of
Interior Border Police Division also actively participated in Plan
ILAEIRA, a Greek-led international trans-border police cooperation
project to combat trafficking. The Government did not extradite any
persons who were accused of trafficking in other countries.
The Government's national coordinator for trafficking in persons
served as the head of the interagency working group on trafficking in
persons, which is responsible for the Government's long-term national
strategy to combat trafficking. The working group consisted of
representatives of ministries, NGOs, international organizations, and
the media, and met more than six times during the year. In 2007 the
group established a 2008-09 action plan against trafficking that
included trafficking legislation, prevention, prosecution, victims'
assistance, and projects. During the year the Ministry of Interior
funded public awareness campaigns conducted by the NGOs Karitas and
Kljuc that targeted groups most vulnerable to trafficking. The national
coordinator did radio interviews and appeared on television talk shows
to highlight the problem. In October the working group facilitated
programs in high schools throughout the country in connection with
European Antitrafficking Day.
Karitas and Kljuc provided shelter and assistance to trafficking
victims under a contract with the Ministry of Labor.
The Ministry of Interior, the UNHCR, Kljuc, and the NGO Filantropia
jointly administered a project that addressed trafficking and gender
based violence by providing information and assistance to asylum
seekers at greatest risk of being trafficked, particularly single women
and children separated from their parents.
The Government also continued the ``Vijolica'' and ``CAP''
programs, administered by Kljuc, to provide trafficking awareness
classes for elementary and secondary school students.
The State Department's Trafficking in Persons Report can be found
at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, access to health care, or the provision of other government
services, and the Government generally enforced these provisions in
practice. The law mandates access to buildings for persons with
disabilities. Modification of public and private structures to improve
access for persons with disabilities continued at a slow pace, and many
buildings were not accessible in practice. The Ministry for 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 ``autochthonous'' (indigenous) Italian and Hungarian
minorities, including the right to use their own national symbols and
have bilingual education and the right for each to be represented as a
community in parliament. Other minorities do not have comparable
special rights and protections.
Ethnic Serbs, Croats, Bosnians, Kosovo Albanians, and Roma from
Kosovo and Albania were considered ``new'' minorities; they were not
protected by the special constitutional provisions for autochthonous
minorities and faced some governmental and societal discrimination with
respect to employment, housing, and education. A 2006 AI report noted
that Roma continue to suffer prejudice and discrimination, in
particular with access to health services, education, and employment.
A 2006 law on protection of the Romani community resulted in the
establishment of the Roma Council and the legalization of nearly 40
Romani settlements. After complaints from the Romani community and
NGOs, the Government updated the national employment register to
include the employment advisor positions that the 2006 law had created.
During the year these advisors began working in local employment
offices to facilitate Roma employment.
In a 2006 report the UN Committee on Economic, Social, and Cultural
Rights expressed concern that discriminatory attitudes and practices
against Roma persisted and that the distinction between ``indigenous''
Roma and ``new'' Roma could give rise to new discrimination. The report
also cited the committee's concern that ``nonindigenous'' Roma do not
enjoy protection of their cultural rights, such as education in their
mother tongue, unlike members of Hungarian and Italian minorities who
enjoy this right under bilateral international agreements.
Many Roma lived in settlements, apart from other communities, that
lacked such basic utilities as electricity, running water, and
sanitation, as well as access to transportation. According to Roma
Association officials, 68 percent of Romani settlements were illegal,
and Roma reported that discrimination in employment complicated their
housing situation. Organizations monitoring conditions in the Romani
community have noted in recent years that Romani exclusion from the
housing market was a problem and that the unemployment rate among Roma
was approximately 90 percent.
Following government-facilitated relocation in 2006, approximately
30 members of a Romani family received a new home and land near
Ljubljana following the December 2007 conclusion of an agreement
between their legal representative and the minister of environment and
spatial planning.
Other Societal Abuses and Discrimination.--The law prohibits
discrimination based on sexual orientation; however, societal
discrimination was widespread, and isolated cases of violence against
homosexuals occurred. Recent data on the problem's scope was not
available.
On June 21, the eighth annual gay pride parade in Ljubljana took
place with the support of local government officials, although there
were reports that bystanders shouted homophobic slurs at participants,
and antigay graffiti and stickers were seen in various locations around
the city. Organizers reported satisfactory police presence during the
parade. However, two individuals were assaulted following the parade,
and three other assaults occurred during evening events. Police did not
apprehend the perpetrators.
The law permits homosexual civil unions. In 2006 gay activists
filed a complaint with the Constitutional Court that the law does not
afford the same social, family, and inheritance rights as those granted
to heterosexual married couples. The court had not issued a ruling on
the complaint by year's end.
There were no reports of societal violence or discrimination
against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers to form and
join unions of their choice without previous authorization or excessive
requirements, and workers exercised this right in practice. All
workers, except police and military personnel, are eligible to form and
join labor organizations. Approximately 30 percent of the workforce was
unionized.
The law provides for the right to strike, and workers exercised
this right in practice. The law prohibits retaliation against strikers,
and the Government effectively enforced this provision in practice. The
law restricts strikes by some public sector employees, primarily the
police and members of the military services, and provides for
arbitration to ensure due process and protection of these workers'
rights.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. The law provides for the
right to bargain collectively, and it was practiced freely; however,
the law requires that 10 percent of the workers in an industry sector
be union members before collective bargaining can be applied to the
sector as a whole. All workers were covered by either a general
collective bargaining agreement or a collective bargaining agreement
that focused on a specific business segment.
There were no reports of antiunion discrimination.
There are no special laws or exemptions from regular labor laws in
the country's sole export processing zone at Koper.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that women were trafficked for forced prostitution.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace;
the Government effectively enforced these laws.
The minimum age for employment is 15; however, younger rural
children often worked during the harvest season and on other farm
chores. The law limits working hours and sets occupational health and
safety standards for children; the Government effectively enforced
these provisions in practice. Urban employers generally respected the
age limits.
The Ministry of Labor, Family, and Social Affairs is responsible
for monitoring labor practices and has inspection authority; police are
responsible for investigating violations of the law. Enforcement
practices were generally effective.
e. Acceptable Conditions of Work.--The national monthly minimum
wage of approximately 590 euros (approximately $826) provided a decent
standard of living for a worker and family. 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. Premium pay for
overtime was regulated by collective agreements and was not
standardized, and maximum overtime was limited to eight hours per week,
20 hours per month, and 180 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. The laws were enforced
effectively.
Special commissions under the Ministry of Health and the Ministry
of Labor, Family, and Social Affairs set and enforced standards for
occupational health and safety. Workers had the legal right to remove
themselves from dangerous work situations without jeopardy to their
continued employment, and authorities effectively enforced this right.
__________
SPAIN
The Kingdom of Spain, with a population of approximately 46.1
million, is a parliamentary democracy headed by a constitutional
monarch. The country has a bicameral parliament, the General Courts or
National Assembly, consisting of the Congress of Deputies (lower house)
and the Senate (upper house). The head of the largest political party
or coalition is usually named to head the Government as president. The
national election held on March 9 was free and fair. The Spanish
Socialist Workers Party (PSOE) won the multiparty election, and Jose
Luis Rodriguez Zapatero was reelected president. Civilian authorities
generally maintained effective control of the security forces.
The Government generally respected the human rights of its
citizens, and the law and judiciary provided effective means of
addressing individual instances of abuse. There were some reports of
security forces abusing suspects and mistreating migrant children in
detention centers, and authorities delayed the arraignment of arrested
persons before a judge and delayed legal assistance to arrested
persons. There were also reports that authorities at times expelled
illegal migrants without adequate screening for potential asylees. In
June 2007 the terrorist group Basque Fatherland and Liberty (ETA)
declared an end to its 2006 ``permanent ceasefire'' and continued its
terrorist campaign of bombings. As of December 5, the ETA was
responsible for four deaths during the year. Jewish groups reported
isolated acts of vandalism and anti-Semitism, Muslim groups reported
some societal discrimination, and there were incidents of societal
violence against other minorities. Domestic violence and trafficking in
persons were also reported.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
During the year, there were 32 ETA terrorist attacks, resulting in
four deaths and approximately 39 injuries. The deaths occurred in the
attacks on March 7, May 14, September 20, and December 3. Others were
injured in attacks on April 17, June 1, and October 30. During the
year, authorities arrested 79 ETA members and 78 persons allegedly
involved in ETA's street violence campaigns. Those arrested included
two members who confessed to involvement in the 2006 bombing at
Madrid's international airport that killed two Ecuadorians, the
suspected leader of the ETA, and three of his chiefs, all of whom were
believed to have taken part in planning the airport bomb attack, as
well as nine other ETA members implicated in a May 14th attack that
killed a member of the civil guard. The ETA has killed eight persons
since the 2006 airport attack.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and laws prohibit such practices, and the
Government generally respected this prohibition; however, there were
reports of police mistreatment and impunity.
In its annual report released in May, the country's coordinator for
the Council for Europe's Committee for the Prevention of Torture (CPT)
reported that, in 2007, 720 persons filed mistreatment complaints
against security forces, an 18 percent increase from 2006. After a June
visit to Tenerife, Madrid, and Victoria, Amnesty International (AI)
Secretary General Irene Khan stated that officials mistreated persons
in custody, adding that such mistreatment was not systematic, but was
an ``extended practice'' in all parts of the country.
On February 22, a Basque Country Court judge interrogated eight
members of the Spanish security forces charged with mistreating an
alleged ETA member arrested in January. After his arrest, the suspect
spent four days in a hospital's intensive care unit. He told the judge
that the prison guards beat him. The Ministry of Interior claimed the
guards used justified force to thwart an escape attempt.
On May 3, a video was released on ``YouTube'' that showed private
security forces at a Madrid subway station beating a male immigrant at
the subway's entrance. According to media reports, Metro authorities
fired the agents, but did not report the attack to authorities.
In July a U.S. citizen residing in Morocco alleged that authorities
in Cueta mistreated and unnecessarily detained him. The subject
complained that the guards humiliated him during a strip search,
repeatedly threatened him, and refused him access to a restroom. He
received medical attention when he later collapsed in his cell, but was
not examined for mistreatment. Authorities suspected the man was using
a false passport and allegedly denied him access to counsel and
detained him without a hearing for three full days, as allowed by law.
As of year's end, the Government had not investigated the allegations.
Prosecutors sought a six-year sentence for four Catalonian regional
police officers (mossos d'esquadra), who allegedly assaulted a detainee
in March 2007. As of December the trial has not begun. In December 2007
a Barcelona judge initiated a trial against six regional police
officers for mistreating a Romanian citizen in July 2006. In November
four officers received two- to seven-year jail sentences, another
defendant was fined, and one acquitted. In a separate case, prosecutors
sought a four-year prison sentence for regional police officers who
mistreated a detainee in the Barcelona police station. This trial had
not begun by year's end.
On March 5, the prosecutor's office sought a four-month jail
sentence for three Catalonian regional police officers, who assaulted
and injured a Guinean citizen in a Barcelona police station in 2006.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the Government permitted
visits by independent human rights observers.
Prisons were overcrowded, with an inmate-per-cell ratio of
approximately 1.7 where cells were designed for one inmate. Three new
prison facilities opened during the year.
The CPT's July 2007 report on its 2005 visit to the country cited
numerous allegations of mistreatment, including some of a serious
nature. The report noted that inmates lacked adequate protection
against mistreatment, and recommended that jails maintain a log of
inmate injuries and possible origins observed during the admission
medical examination. In February the Government ordered the
installation of video cameras in detention areas in police and civil
guard stations. Although media reports indicated that the cameras were
used only from time to time or when ordered by a court, there were
stations that used the cameras systematically.
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 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 Catalonia and the Basque Country regional
governments. All police forces operated effectively, with isolated
reports of corruption. The constitution provides for an ombudsman who
investigates claims of police abuse. The national ombudsman filed 26 ex
officio judicial complaints, including several regarding instances of
death during incarceration. During 2007 the ombudsman network processed
1,746 complaints relating to matters of justice, defense, and internal
affairs.
Arrest and Detention.--The law provides that police may apprehend
suspects with probable cause or with a warrant based on sufficient
evidence as determined by a judge. With certain exceptions, police may
not hold a suspect for more than 72 hours without a hearing. According
to the CPT's July 2007 report, the requirement that an arrested person
must be brought before a judge within 72 hours was not rigorously met
in practice. Detainees were not generally informed of their right to
the services of a lawyer free of charge, and it was common practice for
detained persons to be granted access to a lawyer only at the moment
when they made a formal statement while in law enforcement custody.
Detainees generally were promptly informed of the charges against them.
The courts released defendants on bail unless they believed the
defendants might flee or be a threat to public safety.
In certain rare instances involving acts of terrorism or rebellion,
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, which may be extended by the court up to 13 days. Human
rights observers indicated that this power carried the potential for
abuse. Authorities responded that this form of detention was rare.
The law stipulates that suspects held incommunicado have the right
to an attorney, but not necessarily to their attorney of choice. The
Spanish Bar Association selects an attorney for the detainee.
Lengthy pretrial detention was a problem. As of July approximately
25 percent of the 71,114 persons in prison were pretrial detainees.
Under the law authorities may not detain suspects for more than two
years before putting them on trial unless a judge authorizes a further
delay, which may extend to four years. In practice pretrial detention
was usually less than one year.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The constitution and law provide for the right
to a fair trial, and an independent judiciary generally enforced this
right.
Trials are public, and there is a nine-person jury system.
Defendants have the right to be represented by an attorney (at
government expense if indigent), confront witnesses, present witnesses
on their behalf, and have access to government-held evidence.
Defendants enjoy a presumption of innocence and the right to appeal.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
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, or cessation of, a human
rights violation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press.
The independent media remained active and generally expressed a
wide variety of views without restriction. Individuals could criticize
the Government publicly or privately without reprisal, and the
Government did not attempt to impede such criticism.
The law prohibits, subject to judicial oversight, actions including
public speeches and the publication of documents that the Government
interprets as glorifying or supporting terrorism. In June 2007 Arnaldo
Otegi, the leader of the ETA's political front, was sentenced to 15
months in prison for glorifying terrorism while participating in the
2003 commemoration of the 25th anniversary of the death of an ETA
member; Otegi was released from prison on August 30.
A 2007 Constitutional Court ruling stated that Holocaust denial
could no longer be punished by incarceration, since it is permissible
in the framework of freedom of speech. Previously, the law provided
punishment of up to two years in prison for the offense. The court
concluded that imprisonment for the offense of justifying the Holocaust
or genocide would be compatible with the constitution.
This year's report of the NGO Reporters Without Borders criticized
the ETA for threatening journalists, contending that several
journalists in the country required personal protection or chose to
leave the Basque Country due to such threats. The NGO asserted that the
country did not meet European Union standards for freedom of the press.
On June 8, the ETA detonated a bomb outside printing facilities of the
newspaper El Correo near Bilbao. The ETA detonated a bomb November 20
near the Mt. Arnotegi television transmitter station on the outskirts
of Bilbao, causing serious structural damage. The station, aside from
transmitting public television and radio signals, also provides support
for police, emergency and security forces' internal communication
systems. On December 31, ETA attacked the headquarters of the Basque
News and Informational Channel (EITB), a regional television station,
with a 100-kilo (220-pound) car bomb. Extensive material damage to the
building, which also houses other media outlets, including Atena 3,
Onda Cero, El Mundo, Deia, Marca, and Expansion, was reported; however,
there were no injuries or casualties and normal operations resumed
within a few hours.
Internet Freedom.--There were no government restrictions on access
to the Internet. Authorities monitored Web sites for material
containing hate speech and advocating anti-Semitism; there were no
reports that the Government monitored e-mail or Internet chat rooms.
Individuals and groups could engage in the peaceful expression of views
via the Internet, including by e-mail.
Internet access was readily available from a number of providers.
The Government did not require Internet service providers to restrict
public access to any Web 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.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The constitution declares the country to be a secular state, and
various laws provide that no religion should have the character of a
state religion; however, Roman Catholicism was the dominant religion
and enjoyed the closest official relationship with the Government. The
Roman Catholic Church benefited from financing through the tax system
in that taxpayers, regardless of denomination, could elect to dedicate
a small percentage of their taxes to the Roman Catholic Church. The
Government also provided some direct funding to the Roman Catholic
Church, as well as funding for religion teachers in public schools,
military and hospital chaplains, and other indirect assistance. Jewish,
Muslim, and many Protestant communities with ``notorio arraigo''
(``deeply rooted'' traditional) status received some tax benefits
through agreements with the Government, but enjoyed fewer privileges
than the Roman Catholic Church. Jehovah's Witnesses, Buddhists, and the
Church of Jesus Christ of Latter-day Saints have obtained notorio
arraigo status; however, they do not receive the same benefits and
privileges granted to the other ``deeply-rooted'' religions.
Muslim and Protestant leaders cited the work of the Government's
Foundation for Pluralism and Coexistence as a clear step for
integrating non-Catholic faiths. The Government attributed significant
increases in the number of non-Catholic religious organizations
officially registering with the Ministry of Justice to this foundation,
since registration was required to apply for foundation funds.
There were isolated instances of local and regional government
policies that ultimately restrict some individual religious groups. The
Jewish, Islamic, and Protestant federations reported that the building
permit process for construction of new sites of worship could be
difficult and lengthy, especially for sites in central urban locations.
The Islamic Commission reported that sometimes new mosque construction
was forced into less visible suburban areas, primarily because of
resistance from neighborhood groups.
Numerous Muslims were forced to worship in converted buildings,
often called ``garage mosques,'' because there were few buildings
dedicated to Islamic worship for their growing numbers, and some
localities resisted selling Muslims land and providing the necessary
legal permits to build.
On February 20, the Observatory for Religious Freedom and
Conscience declared that observant believers in the country were
treated as ``second-class citizens'' for not sharing the ideology of
the party in power. The observatory also criticized the Partido
Popular's (People's Party's) proposal to prohibit the Muslim veil in
schools.
On February 15, the leadership of the Islamic Cultural Center of
Valencia (CCIV) reported that its request to the Valencia city council
for land to build a new, larger mosque had not received a response for
nearly two years. The CCIV's facilities were spread among multiple
properties and the community was unable to accommodate the significant
increase in adherents in recent years.
Societal Abuses and Discrimination.--The growth of the country's
immigrant population occasionally led to social friction, which in
isolated instances had a religious component. Muslims continued to
experience some societal prejudice, and some citizens blamed recent
immigrants for increased crime rates in the country. During the year
Muslims reported encountering no obstacles to practicing their religion
in the country.
Jewish community leaders reported that, while violence against the
approximately 48,000-member Jewish community was rare, anti-Semitic
incidents, including graffiti against Jewish institutions, continued to
be a problem.
On August 28, an organized Israeli tour group was confronted by a
group of skinheads, who shouted ``Heil Hitler'' while raising their
arms in a Nazi salute. The skinheads spat in the tour guide's face. The
skinheads picked up stones and threatened to throw them at the
Israelis, while making gestures of cutting each other's throats.
An August 2007 law went into effect that established sanctions
against sports teams and stadiums for prohibited actions by
professional athletic clubs, players, or fans. The law resulted from a
long history of fans insulting players based on their race or religion.
In October construction workers in Toledo uncovered an ancient
cemetery from which skeletal remains were subsequently disinterred
without religious supervision. Based on anthropological studies,
experts believe the cemetery to be a Sephardic Jewish burial ground.
Construction was halted while the Federation of Jewish Communities of
Spain (FCJE), international rabbinical groups, representatives from the
Spanish Ministries of Justice and Foreign Affairs, and local
authorities negotiated a solution.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations,
including the Spanish Committee for Assistance to Refugees, in
providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice, the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened.
The Government also provided temporary protection to individuals
who may not qualify as refugees under the 1951 convention and the 1967
protocol. According UNHCR 2007 statistics, the country granted refugee
status to 204 persons. An additional 340 persons received subsidiary
protection.
During the first seven months of the year the country received
7,165 undocumented migrants, a 9 percent decrease from 2007. In 2007
approximately 92 percent of undocumented immigrants were repatriated to
their countries of origin and approximately 69 percent of the
undocumented migrants entered the country by way of the Canary Islands.
In its June briefing to the Human Rights Committee, Amnesty
International (AI) expressed concern for the rights of asylum-seekers
and refugees, stating that their rights are being violated by measures
aimed at controlling migration. According to AI, Spain's migration
policies lead to ``increasingly grave consequences for migrants who,
due to the nature of the obstacles faced in migrating, have been forced
to travel dangerous routes by unsafe means. suffering abuses at the
hands of criminal networks.'' AI also raised concerns about restricted
access to legal assistance and interpretation services, as well as
accelerated deportation processes.
According to the NGO Save the Children, the Government repatriated
minors without ensuring their safety in their country of origin. The
ombudsman made recommendations in its annual report to modify certain
procedures to guarantee the legality of the repatriation of minors.
According to 2007 government statistics, the Government repatriated 0.4
percent of unaccompanied, undocumented minors.
The national ombudsman, designated to protect and defend basic
rights and public freedom on behalf of citizens, opened an
investigation into conditions in the country's Canary Islands detention
centers in September 2007. The report, released on June 8, confirmed
violations of children's rights as previously reported by Human Rights
Watch (HRW) in July 2007. The ombudsman concluded that, one year after
the HRW investigation, care of unaccompanied migrant children in the
Canary Islands remained inadequate. Despite some improvements,
including renovation of the La Esperanza emergency center, separate
housing for children below the age of 15, and school enrollment of
children below the age of 16, systemic shortcomings of these centers
remains unchanged. Specifically, the ombudsman found that there were
credible reports of past mistreatment of children in the La Esperanza
center; that children were often housed for up to a year in
overcrowded, unsafe, and substandard facilities that were intended only
as temporary shelters; that children were detained in police stations
upon arrival; did not receive the documentation they were entitled
under the law, thus becoming undocumented migrants after reaching the
age of 18.
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.--During the year Jose Luis
Rodriguez Zapatero of the Socialist Party was reelected president in a
free and fair national election. Governmental power was shared between
the central government and 17 regional governments. Political parties
operated without restriction or outside interference, and linguistic
and cultural minorities had representation and participated in both
local and national political parties.
There are 124 women in the 350-seat Congress of Deputies, 79 women
in the 264-seat Senate, and nine women in the 17-member Council of
Ministers. Approximately 33 percent of the parliamentary seats are held
by women.
The Government did not keep statistics on the ethnic composition of
the parliament, but linguistic and cultural minorities were
represented. The Catalan parliament included a member of Moroccan
origin. There were Muslim political parties in the city enclaves of
Ceuta and Melilla in North Africa. Roma had little representation in
government. In 2007 the Government appointed the first Roma to a high-
level position, as an advisor in the Women's Institute, a division of
the Ministry of Labor and Social Affairs. She was later fired for
publicly accusing her employer of preventing her from performing her
normal work duties. During the year she filed suit against the PSOE's
Secretary for Social Movements and the Director of the Women's
Institute for labor harassment; the case was pending at year's end.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these provisions effectively. There were several reports of
government corruption during the year, particularly in local
government.
On May 8, the chief of police of Coslada (a Madrid suburb) and 25
local police were arrested on suspicion of involvement in a fraud ring.
On May 14, a judge authorized detention without bail for 13 of the
arrested officers. Trial proceedings had not begun.
In June the anticorruption prosecutor ordered the arrest of 25
people suspected of defrauding the municipality of Estepona (M laga).
The accusations include misuse of public office, bribery, fraud, and
money laundering. PSOE Estepona Mayor Antonio Barrientos, and other
PSOE local leaders, were among those arrested. PSOE immediately
expelled Mayor Barrientos from the party. Since April 2006, nine mayors
have been accused of corruption-related offenses.
In 2007, 86 persons were charged in connection with the 2006
investigation into corruption and financial crimes in the Marbella
local government. The mayor, former police chief, and much of the local
government of Marbella were charged with crimes that included real
estate graft, bribery, and embezzlement. Juan Antonio Roca, the
suspected ringleader, made bail in April with a bond of one million
euros (approximately $1.3 million); none of the trials of persons
connected with the case had started by year's end.
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 high government officials.
The law mandates public access to government information, and the
Government generally complied.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government generally enforced it
effectively.
Women.--The law prohibits rape, including spousal rape, and the
Government effectively enforced the law. According to 2007 government
statistics there were 6,845 cases of sexual assault, harassment, and
aggression.
The law prohibits violence against women, and independent media and
government agencies paid close attention to gender violence. According
to 2007 statistics the General Counsel of the Judicial Power, women
filed 126,293 complaints of abuse against their husbands, male
partners, or former partners. According to an AI report, more than
600,000 women over the age of 18 were victims of gender-based abuse
during 2007, but only 21 percent filed a complaint against their male
partners.
The law establishes prison sentences of six months to a year for
domestic violence, threats, or violations of restraining orders, with
longer sentences if serious injuries result. In 2007 statistics, the
most recent available, there were a total of 43,048 gender-related
trials, and 66 percent of the sentences issued were condemnatory. Since
January 2005, when the Law against Gender Violence went into effect,
authorities have convicted more than 300,000 persons for gender-related
violent crimes.
Over 50 offices provided legal assistance to victims of domestic
violence, and there were approximately 293 shelters for battered women.
A 24-hour toll-free national hotline advised battered women on finding
shelter and other local assistance. According to December 2007
statistics, there were 1,614 specialized security force officers
focused on protection of victims of domestic violence. As of February,
there were 83 specialized courts dealing exclusively with domestic
violence cases, and 90 specialized judicial units.
FGM is prohibited. In Catalonia the law requires that a doctor
examine immigrants considered to be in danger of FGM when they travel
to and from their countries of origin. Parents whose children are
determined to have been subjected to FGM risked losing custody.
Catalonian regional police have implemented 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. The Catalonian
police detect an average of 40 FGM cases a year and prevented travel in
18 cases during the first six months of the year.
There is no law prohibiting the act of prostitution, but forcing
others into prostitution and organizing prostitution rings are crimes;
it is illegal to profit from the prostitution of another person.
Prostitution was reported to be a problem despite continued efforts by
local governments, notably those of Madrid and Barcelona, to discourage
it. In July 2007 the Madrid city government installed 31 video cameras
in one of the city's largest parks where prostitutes often gathered at
night. In February another 30 cameras were installed in Madrid's
downtown streets. Other efforts to combat prostitution included
advertising campaigns discouraging prostitution, restrictions on
prostitution near schools, and police actions such as street closings
to deter clients from seeking prostitutes.
The law prohibits sexual harassment in the workplace; however,
harassment was reported to be a problem. According to the National
Institute of Statistics, over 9 percent of women experienced some form
of sexual harassment during 2007.
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.
Discriminatory wage differentials continued to exist, and women held
fewer senior management positions than men. According to the National
Statistics Institute, women in Spain earn 26.3 percent less than men.
Children.--The Government was strongly committed to children's
rights and welfare.
There were reports of child abuse. In February 2007 the director of
the Reina Sofia Center (RSC) for the Study of Violence stated that 8
percent of children suffered psychological or physical mistreatment,
but that only a small fraction of these cases were reported to the
authorities. From 2004-07, 48 children died as a result of child abuse
and, as of July, four children had died from abuse in 2008. A report by
the RSC published in April indicated that an average of 12 children a
year died from abuse. Since November 2007 the Government has run a
public awareness campaign on child abuse featuring billboards and radio
and television advertisements.
Trafficking of teenage girls for commercial sexual exploitation was
a problem.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that persons were trafficked to
and through the country.
The country was both a destination and transit point for persons
trafficked for the purpose of commercial sexual exploitation and, to a
lesser degree, forced labor (primarily in agriculture, construction,
and domestic employment). Trafficked women were usually 18 to 24 years
of age, but some girls were reportedly trafficked as young as 16. Women
were trafficked primarily from Latin America (Colombia, Brazil, and
Honduras), Eastern Europe (Romania and Russia), and sub-Saharan Africa
(Nigeria). Persons were also trafficked from China for labor
exploitation.
Traffickers were generally organized criminals based in the source
countries. Methods used by traffickers to maintain control of their
victims included physical abuse, forced use of drugs, withholding of
travel documents, and threats to the victim's family. In the case of
women from Eastern Europe, severe violence and threats were the methods
most often employed by traffickers. Traffickers lured some victims from
other regions with false promises of employment in service industries
and agriculture, but forced them into prostitution upon their arrival.
NGOs reported an increase in cases in which traffickers allowed their
victims to keep a portion of the money they earned through prostitution
to reduce their desire to escape the trafficking network.
The law prohibits trafficking in persons for labor and sexual
exploitation. The prescribed penalties for sex trafficking are five to
15 years' imprisonment, commensurate with the prescribed penalties for
rape. The penalty for labor trafficking is four to 12 years in prison.
The law also prohibits the exploitation of prostitutes through coercion
or fraud and of workers in general, with penalties ranging from five to
10 years' imprisonment. In 2007 the Government passed numerous acts of
legislation that increased the penalties for trafficking by two to six
years if the offender is found to be a part of a criminal organization
and that gives courts authority to prosecute cases trafficking that
occurred outside the country.
In February the Spanish Network against Trafficking in Persons
estimated that between 40,000 and 50,000 women are sexually exploited
every year in the country. The Federation of Progressive Women, in its
report Fight Against Trafficking of Women, estimated that over 18,000
foreign women are sexually exploited in the country each year and that
the number of victims identified reflects only half of the actual
total.
According to media reports, security forces dismantled 41
trafficking networks and made 233 trafficking arrests from January
through July.
In June the national police dismantled a network that was illegally
trafficking Brazilian women for sexual exploitation purposes. The
police arrested 37 persons; nine of them were leaders of the network.
On April 14, 24 Russian women were detained in Caceres for being
undocumented and 10 others were charged with trafficking. Since the
national operation investigation's beginning in April 2007, a total of
86 persons have been arrested for trafficking.
In April Spanish authorities freed several Honduran women who were
being held against their will and forced into prostitution in Valencia.
The national police also dismantled a sexual exploitation ring
whose victims were primarily Russian women. The 18-month investigation
resulted in 76 trafficking arrests. An additional 53 persons living in
Russia were identified as participants in the criminal trafficking
organization.
In 2007 statistics officials identified 1,035 sex trafficking
victims and 445 labor trafficking victims.
During the year police dismantled 240 trafficking networks,
arrested 1,039 persons, and freed 2,288 victims. During the year the
Government announced that it would allot six million euros ($7.8
million) to fund an antitrafficking cooperation agreement with several
Central American countries.
The Ministry of Interior coordinates antitrafficking efforts and
works closely with the Office of the President, the Ministry of Labor
and Social Services, the Ministry of Justice, and the Ministry of
Education. The Immigration Networks and Falsified Documents Unit
(UCRIF), a special unit of the national police, covers trafficking in
persons. The UCRIF intelligence unit analyzed statistical data and
trends and coordinated efforts and shared data with the civil guard and
Interpol. Regional national police officers conducted quarterly reviews
to set goals in combating trafficking and to assess progress in meeting
previous goals.
The law permits trafficking victims to remain in the country if
they agree to testify against their perpetrators. Victims are given a
30-day ``reflection period'' to recover in a safe environment before
being required to decide whether to cooperate with the investigation
and prosecution of their traffickers. After legal proceedings conclude,
victims have the option of remaining in the country or returning to
their country of origin. Representatives of the Government's violence
education programs for female victims and an NGO partner reported that
89 percent of the victims they assisted filed criminal charges.
The Government worked with and funded NGOs that provided assistance
to trafficking victims. In addition, regional and local governments
provided assistance either directly or through NGOs. Victims received
medical assistance, including emergency care, through the national
health care system.
The Government has several programs to prevent trafficking,
including a toll-free hotline that offers information to trafficking
victims and potential victims. Local governments continued demand-
reduction campaigns. The city of Madrid targeted potential sex
solicitors with the slogan, ``Do not contribute to the perpetuation of
21st Century slavery.'' Military forces deployed outside the country as
international peacekeepers received antitrafficking training. Under the
slogan ``There are no excuses,'' the Government warned travelers
against child sex tourism. In January the Ministries of Labor and
Social Affairs and Foreign Affairs and the NGO Save the Children hosted
an international conference on child trafficking that addressed child
sex tourism.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and the provision of other state services, and the
Government effectively enforced these provisions. The law mandates
access to buildings for persons with disabilities, and the Government
generally enforced these provisions; however, levels of assistance and
accessibility differed between regions. The Ministry of Labor and
Social Affairs is responsible for protecting the rights of persons with
disabilities.
In April the National Assembly approved a law that establishes
fines for discrimination against persons with disabilities of up to one
million euros (approximately $1.3 million).
National/Racial/Ethnic Minorities.--There were instances of
societal violence and discrimination against members of racial and
ethnic minorities, and the Government undertook efforts to combat the
problem.
According to the European Network on Racism and Xenophobia there
are approximately 4,000 racially motivated crimes in the country
annually, while the Government only reports between 90 and 120 such
crimes. On April 10, AI released a report that asserted the Government
has not taken sufficient steps to fight racism and deprives the public
of information in an effort to conceal the problem. The report,
entitled Between Aversion and Invisibility, also noted that the country
that does not track or publish information on racially motivated crimes
and asserted that the justice system does not sufficiently address the
racist component of many crimes.
On September 6, a Spanish Roma killed a Senegalese citizen in
Roquetas de Mar, Almeria. The killing set off a seven-hour neighborhood
riot that resulted in the burning of two apartment buildings and
attacks against members of the security forces that injured three
officers. Four sub-Saharan Africans were arrested for their
involvement. On September 7, a group of sub-Saharans attacked an
ambulance and set fire to street containers in the same neighborhood.
Four other arrests were made and the national ombudsman opened an
investigation into events. The association ``Almer!a Acoge'' denied
that the death was racially motivated.
On April 5, several train security guards allegedly attacked a
Maghreb man in Barcelona. According to one witness, nine or 10 guards
kicked the victim, who subsequently filed an official complaint. The
witness provided testimony before a judge, but no further action was
taken by year's end.
The Romani population continued to face discrimination. According
to the domestic NGO Fundacion Secretariado Gitano (FSG), Roma continued
to face discrimination in access to employment, housing, and education.
The Romani community, which the FSG estimated to have a population of
600,000, experienced substantially higher rates of unemployment,
poverty, and illiteracy than the general population. A 2007 FSG study
indicated that 80 percent of Romani children did not finish compulsory
secondary education. The FSG 2007 annual report also states that 26
percent of Roma ages 16 to 65 are illiterate. In 2006 unemployment
among Roma was at 13.8 percent, while unemployment country-wide was 9
percent.
On April 2, the Council of Europe's Commission against Racism and
Intolerance adopted resolution which stated that Roma, and in
particular Romani women, still faced particular difficulties and
discrimination in their access to employment, housing and social
services and, reportedly, in the treatment they received within the
criminal justice system. The resolution also noted continued
difficulties in ensuring equal access to education for Roma, with
Romani students exhibiting higher levels of absenteeism, drop-out
rates, and poor performance than non-Romani children, especially at the
secondary school level.
A Romani association in Madrid (Hierbabuena) accused the PSOE of
discriminating against Roma when the Government fired a high-level
Romani advisor to the Department of Ethnic Minorities within the
Women's Institute. The advisor was terminated after filing a harassment
suit in July against the PSOE's secretary for social movement.
On July 2, the United Nations Special Rapporteur against Racism
asserted before the Catalonian parliament that political parties in the
country attempt to exploit racism to gain electoral advantage. After
visiting Sikh, Roma, Evangelical, and Muslim communities in Catalonia,
the Special Rapporteur noted that the communities were excluded from
the mainstream of society and experienced difficulty practicing their
religions due to the small size of their places of worship.
Other Societal Abuses and Discrimination.--There were no reports of
major societal violence or discrimination based on sexual orientation.
There were no reports of major societal violence or discrimination
against persons with HIV/AIDS.
The controversy regarding official language policies continued,
with complaints that current policies offend the right to an education
in the ``mother tongue,'' or Castilian Spanish. In 2007 the ombudsman
received approximately 100 complaints regarding Catalonia's linguistic
policies, and in March the ``Platform in Defense of the Freedom of
Choice in Language Election'' filed a formal complaint against a school
in the Basque Country. The school had refused to offer all classes in
Spanish.
In October 2007 an estimated 5,000 writers, politicians,
journalists, academicians, actors, and filmmakers signed a manifesto
criticizing Cataluna Radio for firing a journalist for speaking in
Castilian (Spanish), rather than Catalan (Catalonia's regional
language).
According to security forces, 4,000 people participated in a
demonstration in Barcelona on September 28 to protest the Government's
linguistic policies and to defend the right to have school classes
taught in Castilian.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers, except
military personnel, judges, magistrates, and prosecutors, to form and
to join independent unions of their choice without previous
authorization or excessive requirements, and workers did so in
practice. Approximately 15 percent of the workforce was unionized. The
law allows unions to conduct their activities without interference, and
the Government protected this right in practice. The law provides for
the right to strike and workers exercised this right by conducting
legal strikes. A strike in nonessential services was legal if the union
gave five days' notice. Any striking union must respect minimum service
requirements negotiated with the respective employer.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, including for all workers in the
public sector except military personnel, and it was freely practiced.
Public sector collective bargaining includes salaries and employment
levels, but the Government retained the right to set these if
negotiations failed. Collective bargaining agreements were widespread
in both the public and private sectors; in the latter they covered 85
to 90 percent of workers.
The law prohibits discrimination by employers against trade union
members and organizers; however, unions contended that employers
practiced discrimination in many cases by refusing to renew the
temporary contracts of workers engaging in union organizing.
There are no special laws or exemptions from regular labor laws in
the three special economic zones in the Canary Islands, Ceuta, and
Melilla.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that women and children were trafficked for commercial sexual
exploitation and that men were trafficked for labor, mainly in
agriculture.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace. While child labor was generally not a problem, there
were reports that children were trafficked for sexual exploitation. The
statutory minimum age for the employment of children is 16. The law
also prohibits the employment of persons under the age of 18 at night,
for overtime work, or in sectors considered hazardous. The Ministry of
Labor and Social Affairs has primary responsibility for enforcement of
the minimum age law and enforced it effectively in major industries and
the service sector. The ministry had difficulty enforcing the law on
small farms and in family-owned businesses, where some child labor
persisted. Laws prohibiting child labor were enforced effectively in
the special economic zones.
e. Acceptable Conditions of Work.--The minimum wage was
approximately 600 euros (approximately $780) per month, which generally
did not provide a decent standard of living for a single-income family.
The Ministry of Labor and Social Affairs effectively enforced the
minimum wage.
The law provides for a 4-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, up
to a maximum of 80 hours per year.
The National Institute of Safety and Health in the Ministry of
Labor and Social Affairs has technical responsibility for developing
labor standards, and the inspectorate of labor has responsibility for
enforcing the law through inspections and judicial action when
infractions are found. Unions criticized the Government for devoting
insufficient resources to inspection and enforcement. Workers have the
right to remove themselves from situations that endanger health or
safety without jeopardy to their employment, and authorities
effectively enforced this right; however, employees with short-term
labor contracts may not understand that they have such legal
protections.
__________
SWEDEN
The Kingdom of Sweden is a constitutional monarchy with a
multiparty parliamentary form of government. The population is
approximately 9.2 million. Legislative authority is vested in the
unicameral Riksdag (parliament). In national elections in 2006, voters
elected a center-right coalition government led by the Moderate Party.
The elections were free and fair. The King is the largely symbolic head
of state. The prime minister is the head of the Government and
exercises executive authority. Civilian authorities generally
maintained effective control of the security forces.
The Government generally respected the human rights of its
citizens, and the law and judiciary provided effective means of dealing
with individual instances of abuse. Reported human rights problems
included isolated incidents of excessive force by police; prison
overcrowding and lengthy pretrial detention; government surveillance
and interference; incidents of anti-Semitic and anti-Islamic
discrimination and civil disturbances; abuse of women and children; and
trafficking in persons.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
isolated reports that police used excessive force. In August two police
officers were reported for assault. The investigation by the Karlstad
police prosecutors unit was ongoing at year's end.
During the first six months, law enforcement authorities conducted
537 investigations of police officers, charged and convicted nine for
crimes, including minor assault, theft, and sexual molestation.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, although overcrowding and
lengthy pretrial detention remained problems. The addition of new
detention and prison cells during the year helped mitigate prison
overcrowding.
Restrictive conditions for prisoners held in pretrial custody
remained a problem. According to the National Agency for Prison and
Probation, approximately 40 percent of these detainees were subject to
extended isolation or to restrictions on mail delivery or exercise.
The Government permitted visits by independent human rights
observers. A delegation from the UN Committee on Prevention of Torture
(CPT) visited prisons and detention centers in March. The Justice
Ombudsman, who is detached from the Ministry of Justice, performed
approximately 10 inspections during the year, based either on
complaints or on the Ombudsman's initiative. The Red Cross and church
associations are also allowed to visit prisoners, but not to 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.
Civilian authorities maintained effective control over the National
Police and the Swedish 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.
The Swedish Helsinki Committee for Human Rights criticized the
security police for poor judgment in a number of investigations related
to Somalis suspected of terrorist financing crimes. Three Somali men
residing in the country were apprehended in February, and eventually
released without charge at the end of September.
Arrest and Detention.--The law requires warrants issued by duly
authorized officials for arrests, and the Government generally
respected this requirement in practice. 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 12 hours if necessary for the investigation. After
questioning, the extent to which reasonable suspicion remains
determines whether the individual will be arrested or released. If the
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.
Detainees may retain a lawyer of their choice; in criminal cases
the Government is obligated to provide an attorney if the defendant
cannot afford one. Detainees are afforded prompt access to lawyers and
to family members. Although there is no system of bail, courts
routinely release defendants pending trial unless they are considered
dangerous.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
this provision in practice.
Trial Procedures.--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.
Civil Judicial Procedures and Remedies.--There is no specific court
for human rights violations. Instead, cases are tried in the general
court system. As members of the European Union (EU), citizens can
appeal to the European Court of Human Rights in matters related to the
state.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Human rights organizations, including the Swedish Helsinki
Committee for Human Rights, expressed concern over the growing number
of government proposals to permit greater surveillance by the police.
Human rights groups argued that allowing additional surveillance
methods, such as wiretapping, would conflict with protection of the
individual's right to privacy. During the year courts issued 966
permits for wiretapping, and denied 16. In September the parliament
approved a law to give the National Defense Radio Establishment (FRA)
the authority to monitor international cable traffic, provided that
prior approval was obtained from a special court. Under this law,
scheduled to go into effect in January 2009, government ministries and
the Department of Defense will be the only agencies allowed to
commission surveillance from the FRA.
An ombudsman in the prosecutor's office is responsible for
protecting citizens' rights in court cases that involve use of invasive
measures, such as camera surveillance or wiretapping. The ombudsman
participates in the court review of all wiretapping and surveillance
requests.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press.
The law criminalizes certain types of 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. Hate speech may be
punished by penalties ranging from fines up to a maximum of four years
in prison. During the year, members of the National Socialist Front
were prosecuted under the hate speech law.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in peaceful
expression of views via the Internet, including by e-mail.
According to Statistics Sweden, 83 percent of the population
between the ages of 16 and 74 had Internet access.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Commission for State Grants to Religious Communities, a
government body under the authority of the Ministry of Culture,
provides financial aid to religious groups. In reviewing applications
from religious groups, the only criteria the commission considers are
the number of members in the group and how long the group has been
established. In 2007, 50,232,000 SEK (approximately $6,375,000) was
distributed to 22 religious communities in the country. The Government
promotes interfaith understanding and meets annually with
representatives of various religious groups.
Societal Abuses and Discrimination.--The Jewish community numbered
an estimated 18,500 to 20,000 persons; approximately half are estimated
to be practicing members. In 2007 there were 118 reported cases of
anti-Semitic crime, according to the Swedish National Council for Crime
Prevention. Most of the incidents were characterized as ``agitation
against an ethnic group'' or ``unlawful threat or molestation.''
Twenty-one of the reported cases resulted in convictions.
During the year the media reported that individuals associated with
the openly Nazi organization National Socialist Front Party committed
numerous discriminatory acts involving violence and harassment aimed at
immigrants, minorities, and people of Jewish faith. The reports
included cases of assault and hate speech, unauthorized demonstrations,
illegal distribution of posters, illegal possession of weapons, and
disorderly conduct.
In April a 20-year-old woman was awarded damages of 24,000 SEK
(more than $3,000) for discrimination. She had been asked by a bus
driver to get off the bus for wearing a veil.
In August a fire at a mosque in the city of Stromsund was
determined by the police to be an act of arson and a hate crime. The
Crime Prevention Agency reported 3,700 hate crimes in 2007, an increase
of 9 percent from 2006.
In mid-December Muslim youths in a suburb of Malmo clashed with
police over a three-week period. The youths threw Molotov cocktails and
rocks at police and started fires in garbage bins. The disturbances
were related to a dispute over a Malmo city official's decision not to
renew the lease on a property that had been used for many years as an
Islamic cultural center that also housed a mosque. The Islamic
Association claimed the decision was discriminatory. Seventeen persons
were detained, one police officer was injured, and two persons were
prosecuted.
The Stockholm police have a hate-crime hot line to receive
complaints.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The constitution and law prohibit forced exile, and the Government
did not employ it.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided some protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened. The Government granted refugee status or
asylum.
The Government also provided temporary protection to individuals
who may not qualify as refugees under the 1951 Convention and the 1967
protocol, and provided it to 38 persons during the first six months of
the year.
During his March visit, UNHCR Commissioner Antonio Guterres
discussed asylum issues with Migration Minister Billstrom, including
repatriation of Iraqis seeking asylum. The commissioner criticized the
country's February agreement with the Government of Iraq to repatriate
Iraqis denied asylum. His criticism was based on repatriating Iraqis to
southern and central Iraq, areas where the Government maintained that
the security situation had improved; but some media sources and human
rights organizations did not agree that it was safe for Iraqis to
return to those areas. By June, 45 Iraqis had been repatriated.
The Migration Board (the entity that handles asylum applications)
was granted 27 million SEK ($3.4 million) to hire more staff to deal
with the increased number of Iraqi refugees. Amnesty International
criticized a low level of knowledge of lawyers assigned to refugees by
the Migration Board.
In September the Migration Board denied asylum to Adil Hakimjan, an
ethnic Uighur from China, despite a direct appeal to the Government
from the European Parliament to accept him. Hakimjan had been a
detainee in Guantanamo who, upon release, was transported to Albania
(the only country that agreed to receive him). He could not return to
China because his life would be threatened there. Hakimjan applied for
asylum in Sweden where he has a sister. According to the Migration
Board, Hakimjan's application was turned down because he already had
asylum in Albania. The case was appealed to the Migration Appeals Board
and received some media attention.
The Government returned asylum seekers who arrived from EU
countries or from countries with which it maintained reciprocal return
agreements. In most cases persons returned had passed through or had
asylum determinations pending in other EU countries. In many cases
authorities deported asylum seekers within 72 hours of their arrival.
The Government authorized financial repatriation support for asylum
seekers who had been denied residence in the country in the amount of
20,000 SEK ($2,534) per adult and 12,000 SEK ($1,520) per child, with a
maximum of 50,000 SEK ($6,337) per family, but very few rejected asylum
seekers applied for this support.
Asylum seekers can appeal Migration Board rulings to two special
migration appeals courts.
The UN Committee for the Prevention of Torture received complaints
against the Government during the year, most concerning repatriation of
refugees.
During the year, the court awarded damages in the amount of 3
million SEK ($380,000) each to Egyptian nationals Ahmed Agiza and
Mohammed Alzery, in connection with their 2001 forced repatriation. The
judgment followed from a finding by the CPT that the country violated
the UN Convention against Torture. However, their new asylum
applications were turned down by the Migration Board, and their appeals
were pending at year's end. Both men were in Egypt; Agiza reportedly
was incarcerated there.
Stateless Persons.--By the end of the year, there were estimated to
be more than 8,000 stateless persons in the country. The large number
relates to the influx of immigrants and the birth of children to
stateless parents-who remain stateless until one parent has acquired
citizenship, as citizenship is derived from one's parents. The majority
of the stateless population originated from the Middle East (Gaza, the
West Bank, Lebanon, Syria and Iraq).
Once stateless persons have been granted permanent residence, they
can obtain citizenship through the same naturalization process as other
permanent residents. The time frame is normally four to eight years,
depending on the individual's grounds for residency and ability to
establish his/her identity and lack of a criminal record.
There is no legal discrimination against stateless persons in
employment, education, housing, or health services, and the Government
does not contribute to or deliberately prolong a person's
statelessness.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--In the 2006 parliamentary
elections citizens voted out the Social Democratic Party (SDP), which
had dominated the political system for 70 years. The new government was
a center-right coalition led by the Moderate Party.
Political parties operate without restrictions or outside
interference.
There were 165 women in the 349-seat parliament and 10 women in the
22 member cabinet.
No official statistics on minority representation 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 there was one ethnic minority member in the cabinet, and
6.5 percent of parliament members were born in other countries.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. The Prosecutor's Office has a
special unit working on cases involving corruption. The unit initiated
65 investigations during the year, resulting in 27 prosecutions. 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 respected this provision in
practice. The public has the right of access to government documents
unless they are subject to secrecy laws, according to which information
may be withheld if its release poses a threat to national security or
to individual or corporate privacy.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic and international human rights groups generally operated
without government restrictions, investigating and publishing their
findings on human rights cases. Government officials were generally
cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status. Although the Government effectively
enforced these laws, violence against women and children, trafficking
in persons, and discrimination against resident foreigners, Roma, and
homosexuals remained problems.
Women.--Rape, including spousal rape, is illegal, and the
Government enforced the law effectively. The law stipulates more severe
penalties for repeated crimes and if the perpetrator had a close
relationship to the victim. The National Council for Crime Prevention
(NCCP) reported 3,880 rapes of persons over age 14, compared with 3,535
in 2007.
The NCCP reported 19,318 cases of assault against women.
Approximately 50 homicide deaths of women and girls were reported
during the year, most of them committed by men closely related to the
victim. Authorities apprehended and prosecuted abusers.
The law provides victims with protection from contact with their
abusers. When necessary, authorities helped women protect their
identities or obtain new identities and homes; according to official
statistics, some one thousand individuals-mostly women-received such
services. 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 hot
lines.
The Government launched an 800 million SEK ($101 million), four-
year action plan to combat violence against women, including honor-
related violence. The plan focuses on improving victim protection, the
quality of legal investigations, and rehabilitation services for
abusers.
At year's end authorities estimated that 1,500-2,000 women had been
subjected to honor-related violence (patriarchal violence often linked
to cultural and religious convictions about female chastity and
marriage). Honor-related violence exclusively involved immigrants from
Muslim countries; the police have concentrated on educating law
enforcement officers and prosecutors to increase awareness and improve
detection and prevention. A survey by Swedish Radio indicated that
nearly 60 percent of the country's local social service offices had
helped victims of honor violence.
Selling sexual services is legal but the purchase of sexual
services and procurement are illegal. In recent years the Government
has sought to curb prostitution by focusing on the demand rather than
the supply, by arresting clients and not prostitutes. There were 33
reported cases of individuals buying sexual services during the year, a
decrease from the previous year.
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.
Women enjoy the same legal rights as men, including rights under
family law, property law, and in the judicial system, but some sectors
of the labor market still showed significant gender disparities in
terms of salaries, especially in male-dominated occupations. Women's
salaries averaged 85 percent of men's, adjusting for age, education,
and occupational differences.
The equal opportunity ombudsman (EOO), a public official,
investigates complaints of gender discrimination in the labor market.
Complaints may also be filed with the courts or with the employer.
Labor unions generally mediated in cases filed with the employer.
During the year the EOO's office registered 290 cases. Women filed
approximately 75 percent of the cases; 25 percent of those cases
concerned salaries. The number of discrimination complaints related to
pregnancy rose to 46, compared with 30 in 2007.
Children.--The Government was strongly committed to children's
rights and welfare, but child abuse was a problem. At year's end the
National Child Protection Council reported 5,954 cases (January-
September) of abuse of children under the age of 15 compared to 9,520 a
year earlier. Police reported 944 cases of child rape and 955 cases of
sexual abuse of children, compared with 1,271 reported cases of rape
and 851 reported cases of child sexual abuse in 2007.
There were reports of trafficking of children; the largest case
during the year involved 15-20 Vietnamese children working in a
Vietnamese-run restaurant. The law prohibits the repatriation of
trafficked children if they lack proper documents to prove their
identity and national origin. Those children are turned over to social
services in the municipality of residence. The Swedish Migration Board
has a specific policy for children arriving alone.
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 the 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.
In March the Government committed 50 million SEK ($6.3 million) to
improve municipalities' work on physical health, access to psychiatric
treatment, and preventive measures for child abuse. The Government
continued to be active in efforts to prevent child abuse through
international organizations such as the UN Children's Fund.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were reports that persons were trafficked
to, through, and within the country. Law enforcement officials and
analysts estimated the number of trafficked women at 500 per year,
cautioning, however, that it was not possible to obtain precise
numbers.
For certain origin countries, including Estonia, Russia, and
Poland, Sweden continued to be a transit point, and to a lesser extent
a destination, for trafficked women and children. The country was a
destination point for trafficking victims from Asia. Traffickers
typically recruited female victims in their countries of origin to work
as cleaners, babysitters, or in similar employment abroad. Once in the
country, traffickers isolated and intimidated victims and forced them
to work as prostitutes in hotels, restaurants, massage parlors, or
private apartments; some were locked up and their passports confiscated
by their captors. Male victims were primarily trafficked for forced
labor, and in some cases forced begging and petty theft.
The law prohibits the trafficking of persons for sexual purposes,
provides for sentences of two to 10 years' imprisonment for persons
convicted of trafficking, and criminalizes attempting to traffic,
conspiracy to traffic, and the failure to report such crimes.
Authorities actively prosecuted trafficking cases. During the year
police reported 10 cases of trafficking for sexual purposes.
To prosecute traffickers, authorities continued primarily to use
laws against procurement and an offense called ``placing in distress,''
which can apply in cases where traffickers lure women from other
countries under false pretenses. The laws on procurement and
trafficking complement each other; however, the antitrafficking law
requires that prosecutors prove traffickers used ``improper means.''
Judges commonly ruled that improper means were absent in cases
involving victims who consented to being trafficked. Although consent
is irrelevant under the antitrafficking law, in practice judicial
interpretation of the improper means criterion makes it difficult to
obtain convictions. Prosecutors consequently continued to rely on the
procurement laws for most convictions of traffickers. During the year
there were 35 cases of procurement reported, many involving trafficking
victims.
The Government has a special ambassador to combat human
trafficking, tasked with strengthening international antitrafficking
efforts. The country also actively participated in a Nordic-Baltic task
force against human trafficking.
The Government allocated funds to domestic and international NGOs
to provide shelter and rehabilitation assistance to victims. Police and
social services also provided funding. The law enables trafficking
victims who cooperate with police investigations to receive at least
six-month temporary residence permits, allowing access to the full
range of social benefits. Victims who do not cooperate with police
investigations are ineligible to receive temporary residence permits
and are promptly deported.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits employers from
discriminating against persons with disabilities in hiring decisions,
and prohibits universities from discriminating against students with
disabilities in making admissions decisions. No other specific law
prohibits discrimination against persons with disabilities. There is a
disability ombudsman.
Regulations for new buildings require full accessibility. Similar
requirements exist for some public facilities but not all; many
buildings and some means of public transportation remained
inaccessible. The legislation on discrimination does not cover
accessibility.
The number of reports of discrimination against people with
disabilities increased during the year. There were 896 reports of
governmental discrimination against persons with disabilities in
employment, education, access to health care, or in the provision of
other state services; most of the cases involved lack of access to
public buildings. Difficulty in accessing apartments, pubs, and bars
were the most frequent reports of societal discrimination against
persons with disabilities. In June the European Commission urged the
country to correct the problem, and the Government has presented an
action plan running from 2006-10 to increase accessibility.
Approximately half of the cases submitted to the disability
ombudsman under the Disability Act were handled under mediation
procedures rather than through formal court hearings.
National/Racial/Ethnic Minorities.--Over a million persons in the
country are foreign born, with the largest groups originating from
Finland, the former Yugoslavia, Iraq, and Iran. According to figures
from Statistics Sweden, approximately 90,000 persons immigrated to the
country during the year. The largest single group came from Iraq.
The ombudsman for ethnic discrimination received 737 reports during
the year compared to 817 in 2007. Workplace related discrimination
cases also decreased by 10 percent from 2007.
Police registered reports of xenophobic crimes (numbers not
available), some of which were related to neo-Nazi/white power
ideology. The Government investigated and prosecuted race-related
crimes. Official estimates placed the number of active neo-Nazis, or
white supremacists, at approximately 1,500. Neo-Nazi groups operated
legally, but courts have held that it is illegal to wear xenophobic
symbols or racist paraphernalia or to display signs and banners with
inflammatory symbols at rallies, since the law prohibits incitement of
hatred against ethnic groups.
During the year the media reported that individuals associated with
the openly Nazi organization National Socialist Front Party perpetrated
numerous discriminatory acts involving violence and harassment aimed at
immigrants and minorities. The media also reported an increase in Nazi-
related threats and harassment at schools against both teachers and
pupils with immigrant backgrounds.
The law recognizes Sami (formerly known as Lapps), Swedish Finns,
Tornedal Finns, Roma, and Jews as national minorities. The Government
supported and protected minority languages.
The Government estimated the population of Roma to be 40-60,000.
There is a Special Delegation for Romani Issues consisting of
representatives of Romani origin, experts on Romani issues, and
representatives from Romani associations. The delegation worked to
improve the situation of Roma in society and addressed such
discrimination issues as social, political, and economic exclusion.
Indigenous People.--There were approximately 20,000 Sami in the
country, represented by a 31-member Sami-elected administrative
authority called the Sami Parliament; the Sami were not represented in
the national parliament. The Sami parliament acts as an advisory body
to the Government and has decision-making powers in matters related to
Sami culture, language, and schools. Parliament and government
regulations govern its operations.
Longstanding tensions between Sami and the Government over land and
natural resources persisted, as did tensions between Sami and private
landowners over reindeer grazing rights.
Other Societal Abuses and Discrimination.--There were isolated
incidents of societal violence and discrimination against homosexual
persons. There were reports that individuals associated with the
National Socialist Front Party made threats against the Swedish
Federation for Lesbian, Gay, Bisexual, and Transgender Rights. The
ombudsman against discrimination on grounds of sexual orientation
registered 47 reported cases during the year, the same number as in
2007. Additionally, the ombudsman's office initiated six new
discrimination investigations, compared to eight in 2007. A government
working group promotes equal rights for homosexual, bisexual, and
transsexual persons.
There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law entitles workers to form and
join independent unions of their choice, without previous authorization
or excessive requirements, and workers exercised this right in
practice. The law allows unions to conduct their activities without
interference, and the Government protected this right in practice. The
law 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 also enjoy the right to
strike, subject to limitations in the collective agreements protecting
the public's immediate health and security.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, and workers exercised this right in
practice. Approximately 80 percent of the workforce was under
collective bargaining agreements. The law prohibits antiunion
discrimination and there were no reports that it occurred during the
year.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. There were reports
that boys and young men were trafficked to and through the country for
the purpose of forced labor, many of them on construction sites.
Children were also trafficked for forced begging and petty theft.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law and policies (including those on acceptable working conditions)
protect children from exploitation in the workplace, and the Government
effectively implemented these laws and policies in practice. The law
permits full-time employment at age 16 under the supervision of local
authorities. Employees under age 18 may work only during the daytime
and under supervision. Children as young as 13 may work part time or in
light work with parental permission. Union representatives, police, and
public prosecutors effectively enforced these restrictions.
e. Acceptable Conditions of Work.--There is no national minimum
wage law. Wages are set by annual collective bargaining contracts.
Nonunion establishments generally observed these contracts as well.
Substantial benefits (e.g., housing, childcare) provided by social
welfare entitlement programs assured even the lowest-paid workers and
their families a decent standard of living.
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 law requires
a minimum period of 36 consecutive hours of rest, preferably on
weekends, during a period of seven days. The law also provides
employees with a minimum of five weeks' paid annual leave. The
Government effectively enforced these standards.
The Work Environment Authority, a government appointed board,
issued occupational health and safety regulations, and trained union
stewards and safety ombudsmen. Government inspectors monitored them.
Safety ombudsmen have the authority to stop unsafe activity immediately
and to call in an inspector. These rules were effectively enforced.
Workplaces were generally safe and healthy. In law and practice,
workers could remove themselves from situations that endangered their
health or safety without jeopardizing their employment.
__________
SWITZERLAND
The Swiss Confederation, population 7.5 million, is a
constitutional republic with a federal structure. Legislative authority
is vested in the bicameral parliament (Federal Assembly), whose members
were chosen in free and fair elections in October 2007. The Government,
elected by the Federal Assembly in December 2007, is a coalition
composed mainly of the four major parties. Civilian authorities
generally maintained effective control of the security forces.
The Government generally respected the human rights of its
citizens, and the law and judiciary provided effective means of dealing
with individual instances of abuse. However, there were reports that
police at times used excessive force, and a few allegations of
impunity. Other human rights problems were lengthy pretrial detention,
anti Semitic and anti Muslim incidents, violence against women,
trafficking in persons, and discrimination against minorities.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however, there
were reports that police occasionally used excessive force.
A delegation of the Council of Europe's Committee for the
Prevention of Torture (CPT) conducted a two week visit in September and
October 2007. In its report, published in November 2008, the CPT gave
generally good marks to police for their treatment of individuals in
their care in most of the cantons they visited, but reported numerous
allegations of mistreatment against the Geneva cantonal police, ranging
from occasional slaps to more serious abuse such as kicks, punches,
blows with a truncheon, the abusive use of tear gas, strangulation,
and, in one case, accusations of ``submarining'' (near submersion). In
response to these criticisms, Geneva authorities stated that they had
circulated messages to the Geneva police forces concerning mistreatment
of detainees and that current practice permitted external experts to
assist with investigations of abusive police behavior. With regard to
submarining, the Geneva authorities indicated that their investigation
turned up no evidence of such abuse and that there were no witnesses or
complaints filed in connection with the allegation. At the same time,
authorities acknowledged that cases of police abuse, while negligible
compared with the number of arrests, were growing and indicated that in
recent years some cantons had introduced mediation services or
independent police complaint bodies in an effort to address the issue.
In November the Ministry of Justice and Police announced that a new
law regulating the use of force by federal police and by cantonal
police performing duties on behalf of the federal government would come
into force on January 1, 2009. The Government announced that the new
law was intended to ensure the appropriate use of force and the
greatest possible protection of the integrity of the affected persons.
In its annual report, published in May, Amnesty International (AI)
indicated that it continued to receive allegations of human rights
violations by law enforcement officers and of their subsequent
impunity. In June 2007 AI released a special report accusing the police
forces of repeated human rights abuses that were rarely punished. The
report documented some 30 instances of alleged police abuse in 14
cantons between 2001 and 2006, some of which led to deaths. Police
authorities responded that the AI report was biased against the police.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards. According to 2007 statistics,
the occupation rate of detention facilities was 86 percent, 10 percent
lower than in 2005; however prison overcrowding was a problem in some
major urban areas such as Zurich, Bern, and Geneva. The CPT criticized
detention facilities for immigrants awaiting deportation as inadequate
for detaining individuals for up to two years as envisaged in the law.
The Government permitted access to prisons by independent local and
international human rights groups.
A new penal code for young offenders that entered into effect in
January 2007 states that juvenile detention prior to conviction should
be minimized. It also requires that juvenile offenders be held in
reform schools or separate wings of prisons where they can be given
educational support; however, a study by the Justice Ministry published
in May 2007 found that, during investigative detention, juveniles were
often held together with adults and kept in prisons rather than reform
schools.
According to the law, young offenders up to age 15 may be given a
maximum prison sentence up to one year, while 16 to 18 year old
offenders may be jailed for up to four years.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over police forces, which primarily are
organized and administered by the cantons 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 and corruption; however, there were a few
allegations of impunity.
Arrest and Detention.--By law criminal suspects must be apprehended
on the basis of warrants issued by a duly authorized official unless
there is a specific and immediate danger to which police must respond
immediately. In most cases a suspect may not be held longer than 24
hours before being presented to a prosecutor or investigating
magistrate, who must either bring formal charges or order the
detainee's release; however, asylum seekers and other foreigners
without valid documents may be held up to 96 hours without an arrest
warrant. The CPT, in its report released in November, criticized the
fact that detained suspects may waive the right to appear personally
before a judge, that access to a lawyer was at times not available in
the period between apprehension and formal arrest, and that next of kin
were not always promptly notified. The Swiss government rejected these
criticisms, indicating that the provisions advocated by the CPT were
not necessary.
There was a functioning bail system, and courts grant release on
personal recognizance or bail unless the magistrate believes the person
charged is dangerous or a flight risk. A suspect may be denied legal
counsel at the time of detention but has the right to choose and
contact an attorney before charges are brought. The state provides free
legal assistance for indigents who are charged with crimes for which
imprisonment would be a possible punishment. Access to family members
may be restricted to prevent tampering with evidence, but law
enforcement authorities are required to inform close relatives promptly
of the detention.
In some cases lengthy pretrial detention was a problem. During the
year approximately one third of all prisoners were in pretrial
detention, and the average length of such detention was approximately
50 days. In April 2007 an expert group commissioned by Geneva's
cantonal parliament reported that a shortage of investigative
magistrates reviewing new cases resulted in lengthy pretrial detention
periods at the Champ Dollon prison.
All cases of prolonged pretrial detention are subject to review by
higher judicial authorities. The country's highest court has ruled that
pretrial detention must not exceed the length of the expected sentence
for the crime with 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 an independent judiciary generally enforced this right.
Trials were generally expeditious and public. Those involving minor
offenses are generally heard by a single judge, more serious or complex
cases by a panel of judges, and the most serious cases (including
murder) by a jury. Defendants have the right to be present and to
consult with an attorney in a timely manner, and an attorney is
provided at public expense if defendants face serious criminal charges.
Defendants have the right to confront or question witnesses and to
present witnesses and evidence. Defendants enjoy a presumption of
innocence and have the right to appeal, ultimately to the highest
court, the Federal Tribunal. These rights were generally respected in
practice.
The military penal code requires that war crimes and violations of
the Geneva Conventions be prosecuted only if the defendant has close
ties with Switzerland. Normal civilian rules of evidence and procedure
apply in military trials. The military penal code allows the appeal of
any case, ultimately to the Military Supreme Court. In most cases
defendants used attorneys assigned by the courts. Any licensed attorney
may serve as a military defense counsel. Under military law the
Government pays for defense costs. Civilians charged with revealing
military secrets, such as classified military documents or classified
military locations and installations, may be tried in military courts.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
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, human
rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press.
The law penalizes public incitement to racial hatred or
discrimination, spreading racist ideology, and denying crimes against
humanity. The law does not name anti Semitism, Holocaust denial, or
other specific offenses; however, there have been convictions under
this legislation for anti Semitism and denying the Holocaust as well as
other offenses. In October the Bern cantonal prosecutor began an
investigation under the antiracism law against a board member of the
extreme right wing Party of Nationally Oriented Swiss (PNOS) after the
board member posted a message on the PNOS Web site asserting that some
recent Miss Switzerland candidates were not sufficiently ``Swiss,''
because of the immigration or ethnic backgrounds of their families.
It is a crime to publish information based on leaked ``secret
official discussions.''
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e mail.
Internet access was widely available, and over two thirds of the
population used it regularly.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
There is no official state church; however, most cantons provided
financial support from tax revenues to at least one of three
traditional denominations, Roman Catholic, Old Catholic, or Protestant.
Each of the 26 cantons has its own regulations regarding the
relationship between church and state. Foreign missionaries must obtain
religious worker visas to work in the country. Such visas were
generally granted.
Islamic organizations have complained that authorities in many
cantons and municipalities discriminated against Muslims by refusing
zoning approval to build mosques, minarets, or Islamic cemeteries. The
efforts of Muslims in the Langenthal Community, Bern Canton, to
construct a minaret continued to be delayed by such issues. The
original building permit issued by the municipal authorities was
cancelled by cantonal authorities in April 2007. Construction of a
minaret in Sololthurn, which had been delayed by zoning issues, was
completed during the year. Efforts of Muslims to construct facilities
in St. Gallen reportedly were abandoned.
Religious instruction was a part of the curriculum in most public
cantonal schools except in Geneva and Neuchatel. Most schools offered
classes in Roman Catholic and Protestant doctrine, but some schools
included discussion of other religious groups present in the country. A
number of cantons complemented or replaced traditional classes in
Christian doctrine with nonconfessional teachings about religion and
culture.
The Department of the Interior's Federal Service for the Combating
of Racism sponsored a variety of educational and awareness building
projects to combat racism, xenophobia, and other forms of
discrimination.
Societal Abuses and Discrimination.--There were reports of societal
abuses and discrimination based on religious beliefs or practices. Some
observers remained concerned about the climate for members of religious
minorities, particularly Muslims and Jews.
According to the 2000 census, the most recent official data
available, there were 17,914 members of the Jewish community,
constituting 0.24 percent of the population. The Geneva based
Intercommunity Center for Coordination against anti Semitism and
Defamation recorded 38 anti Semitic incidents in the western, French
speaking part of the country in 2007; they ranged from verbal and
written assaults to offensive graffiti and acts of vandalism against
Jewish property. The organization, Children of the Holocaust, which
opposes anti Semitism, racism, and political extremism, recorded 37
anti Semitic incidents in the German speaking part of the country in
its annual report covering 2007.
On February 12, an unknown assailant attacked a 60 year old Jewish
man walking on a street in Zurich around noon. The victim was injured
slightly but was able to fend off the attacker, who punched him and
uttered anti Semitic slurs.
An investigation was continuing into the May 2007 fire at the
Hekhal Hanes synagogue in Geneva, which caused considerable material
damage. Alfred Donath, the head of the Federation of Jewish
Communities, told Radio RSR that the anti Semitic nature of the attack
was undeniable; local authorities also attributed the fire to arson but
did not specify a motive.
The law penalizes public incitement to racial hatred or
discrimination, spreading racist ideology, and denying crimes against
humanity. The law does not name anti Semitism, Holocaust denial, or
other specific offenses; however, convictions under this legislation
have included anti Semitism and Holocaust denial.
Schools across the country honored Holocaust Remembrance Day,
January 27. The country is a member of the Task Force for International
Cooperation on Holocaust Education, Remembrance, and Research.
Some employers prohibited the wearing of headscarves in the
workplace. For example, the second largest retailer announced that its
dress code did not cover headgear and that it would not allow the
wearing of the Islamic headscarf.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations to
provide protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The constitution prohibits forced exile, and the Government did not
employ it.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees.
In practice the Government provided protection against expulsion or
return of refugees to countries where their lives of freedom would be
threatened. The Federal Office for Migration relied on a list of ``safe
countries,'' and would be refugees who originated in, or transited,
these countries were generally ineligible to apply for asylum.
Nongovernmental organizations (NGOs) criticized the inclusion of some
countries in Eastern Europe and Africa that they considered not
sufficiently stable to justify automatic rejection. Starting on January
1, the Federal Office of Migration increased the scope of the ``safe
countries'' list to include all European Union and European Free Trade
Association countries that are commonly used as transit routes by
asylum seekers. On April 25, the Federal Office of Migration concluded
that repatriation to Syria could reasonably be envisaged, although each
case should be closely examined. Some NGOs asserted that in 2007 the
number of asylum requests that have been automatically turned down
increased by 44 percent over 2006. According to Swiss government
statistics, the number of such refusals decreased 6 percent in the
first nine months of the year compared to the same period in 2007.
The Government also provided temporary protection to individuals
who may not qualify as refugees under the 1951 convention and the 1967
protocol and provided it to 1,069 persons during the year; there were
23,153 individuals with temporary protection status in the country as
of November 30.
Asylum applicants were required to present documentation verifying
their identity within 48 hours, 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 to show
evidence of persecution. Authorities could detain uncooperative asylum
seekers, subject to judicial review, for up to six months while
adjudicating their applications. Rejected applicants could be detained
for up to three months to ensure their departure or up to 18 months if
repatriation posed special obstacles. Minors between 15 and 18 years of
age could be detained up to 12 months pending repatriation. However,
rejected asylum seekers were not generally detained, nor were they
removed from the country. They were instructed to leave voluntarily. If
they refused to return voluntarily, they could be forcibly repatriated.
AI and other NGOs working with refugees complained that detained
asylum seekers were often effectively denied proper legal
representation in deportation cases because they lacked the financial
means to obtain an attorney. Free legal assistance was only provided in
cases of serious criminal offenses. The deportation of asylum seekers
is an administrative, rather than judicial, process.
Changes in the laws governing aliens and asylum seekers in 2006 and
2008 imposed considerably stricter provisions than prior legislation.
International organizations and NGOs raised concerns about the
increasingly restrictive nature of the asylum process, which was also
criticized by international organizations. In its report to the UN
Human Rights Council, the Government reported that, while the number of
asylum seekers declined steadily in recent years, the proportion of
asylum approvals increased. The Federal Commission against Racism
(FCR), a government organization, advised that the stricter
verification system and limitations on support for the basic needs of
persons who entered the country illegally should be scrutinized for
``potential racially discriminatory effects.'' Legislators defended the
changes as necessary to combat immigration and welfare fraud.
The revisions in the legislation that governs refugees gave asylum
applicants with temporary protection status easier access to the labor
market and permitted them to bring their families into the country
after a waiting period of three years.
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.--In October 2007 citizens
chose a new Federal Assembly in free and fair elections. Political
parties could operate without restriction or outside interference.
There were 67 women in the 246 seat Federal Assembly and three
women in the seven seat Federal Council (cabinet). The proportion of
female representatives in cantonal legislatures remained 24 percent.
Women held approximately one fifth of the seats in cantonal executive
bodies.
There was one member of an ethnic minority in the 200 seat National
Council, the lower house of the Federal Asembly.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively.
The head of the housing division at the national accident insurance
was prosecuted on charges of selling buildings at prices below market
levels in exchange for financial kickbacks. A court sentenced him to
3.5 years in prison but an appeal to the federal court was pending.
Members of the Federal Assembly must disclose their 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
parliament to disclose their interests. A joint working group
comprising representatives of various federal government agencies works
under the leadership of the federal Department of Foreign Affairs to
combat corruption.
The constitution requires the Government to inform the public about
its activities, and government information was available freely to all
persons living in the country, including foreign media. A transparency
law provides for public access to government documents.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination on the basis of race,
gender, disability, language, or social status. The Government
generally enforced these prohibitions effectively.
Violence against women and children, trafficking in persons, and
discrimination against minorities were problems.
Women.--Rape, including spousal rape, is a statutory offense, and
the Government effectively prosecuted those accused of such crimes.
According to a 2003 survey, more than 5 percent of women polled had
been raped. In 2007 police recorded 648 instances of rape (compared
with 639 in 2005) and there were 571 prosecutions (compared with 486 in
2005) and 117 convictions.
Domestic violence is a statutory offense. A court may order an
abusive spouse to leave the family home as a temporary measure.
Stalking is a punishable offense. Victims of domestic violence could
obtain help, counseling, and legal assistance from specialized
government agencies and NGOs or from nearly a dozen hot lines sponsored
privately or by local, cantonal, and national authorities. In 2007,
1,132 women and 993 children spent a total of 60,115 nights in 17
women's shelters across the country. Although nationwide shelter
capacity is encumbered on average up to 70 percent, in the cantons of
Basel, Bern, and Zurich, half of the applicants for shelter reportedly
had to be turned away, mostly due to a lack of space or adequate staff
for dealing with severely traumatized individuals. The Interior
Ministry's Federal Office for Equality between Women and Men has a
special unit that focuses on domestic violence. Most cantonal police
forces had specially trained domestic violence units. A majority of
cantons also had special administrative units coordinating the
activities of law enforcement agencies, prosecutors, and victim
assistance groups.
Violence against women was a problem. The Federal Office of Public
Health published a survey showing that 80 percent of victims of
domestic violence already had suffered previous assaults.
Forced marriage is illegal. NGOs asserted the practice occurred,
predominantly in underprivileged immigrant families, but its extent
remained unknown. In 2006 the Asylum Appeals Commission ruled that
forced marriage may be a reason to grant asylum.
Female genital mutilation (FGM) is illegal, but there were reports
that the practice occurred. The UN Children's Fund (UNICEF) estimated
that there were nearly 7,000 circumcised women and girls in the country
as a result of immigration from areas where FGM is practiced. UNICEF
continued its efforts to raise awareness of FGM and, in cooperation
with local gynecologists, has drafted guidelines for the medical care
of circumcised women.
In November 2007 a Zurich cantonal prosecutor opened criminal
proceedings charging the parents of a 13 year old girl with grievous
bodily harm in a case of FGM. The parents, of Somali origin, reportedly
had their daughter circumcised at the age of two. It was the first time
that judicial authorities undertook criminal proceedings in a case of
FGM performed inside the country. In June a Zurich court sentenced the
two parents to two year suspended prison sentences.
Prostitution is legal; however, street prostitution is illegal
except in specially designated areas in the major cities. Police
estimates from 1999, the latest nationwide data available, indicated
that approximately 14,000 persons were engaged in prostitution.
Information from individual cantons suggested that the number has
increased since then.
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. In a government contracted survey of
2,020 persons conducted in late 2006 and early 2007, 6.5 percent of
respondents reported having suffered sexual harassment during the
previous 12 months, and 18.1 percent had been subjected to sexual
harassment at least once during their professional career. According to
the study, women were three times more likely to be victims of sexual
harassment than men.
Women enjoy the same rights as men under the constitution,
including in family law, property law, and in the judicial system;
however, independent observers claimed that some laws, as interpreted
by the courts, were discriminatory. For example, the Federal Tribunal
ruled that the primary wage earner in a divorce must be left with
sufficient income to remain above the poverty level. Since the primary
wage earner in most marriages was the man, if the household income was
too low to support both parties, the wife and children could be forced
to resort to public assistance. In June 2007 the Federal Commission for
Women's Issues concluded that twice as many women as men fell below the
poverty line following a divorce.
The Federal Office for Equality between Women and Men and the
Federal Commission on Women worked to eliminate both direct and
indirect gender discrimination. Many cantons and some large cities have
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; however, women's gross salaries were on average more than
20 percent lower than men's. A government report issued in 2006
estimated that 40 percent of the wage differential was due to gender
discrimination.
Children.--The Government was strongly committed to children's
rights and welfare, and it amply funded a system of public education
and need based subsidies of health insurance.
Child abuse was a problem. In 2007 there were 4,243 reported cases
of sexual assault against children. Most of the victims were girls
below the age of 18. Most abuse took place in the family or the
immediate social environment.
During 2007 the national cybercrime monitoring body referred 278
instances of illegal Internet child pornography to local prosecuting
authorities, compared to 259 in 2006. In most cases the cantonal
prosecuting office opened a criminal investigation; such investigations
usually led to the confiscation of illegal material. The production,
possession, distribution, or downloading from the Internet of
pornography involving children is illegal and carries heavy fines or a
maximum sentence of a year in prison. During the year the Government
concluded a three year information campaign against child pornography
on the Internet. To help combat child sex tourism, in October the Swiss
federal police established a Web site with an online form to allow
travel agencies and individuals to report suspicious travel.
Trafficking in Persons.--The penal code prohibits all forms of
trafficking in persons and provides for extraterritorial jurisdiction;
however, there were reports that persons were trafficked to, from, and
within the country and forced into prostitution or domestic servitude.
Officials estimated the number of trafficking victims to be a few
hundred a year. Federal police conjectured that between 1,500 and 3,000
victims of human trafficking resided in the country during the year.
According to authorities, most victims came from Central Europe, the
former Soviet Union, Latin America, Southeast Asia, and, to a lesser
extent, Africa. The country was primarily a destination and secondarily
a country of transit for trafficked persons.
The great majority of trafficking victims were women trafficked
primarily for purposes of sexual exploitation, although trafficking for
domestic servitude also occurred. Traffickers were mainly individuals
and small groups related through ethnic, clan, or family ties and,
occasionally, organized criminals.
Trafficking in persons is punishable by a prison sentence of up to
20 years, and coercing a person into prostitution by up to 10 years. In
2007 authorities conducted at least 28 investigations and reported
preliminary data on at least nine prosecutions. Of nine persons
convicted, one trafficker was sentenced to 10 months, and one to two
years and six months, in prison; the remaining seven received suspended
sentences or fines and served no time in prison. The Coordination Unit
against Trafficking in Persons and Smuggling of Migrants, which is
linked to the Federal Office of Police, hired additional staff and
coordinated and monitored all antitrafficking efforts, including those
of a federal interagency task force. Authorities were active in
international law enforcement activities and took the lead in
coordinating several international trafficking investigations.
A new law that entered into force early in the year included
measures to reinforce the existing framework for granting potential
trafficking victims a stay of deportation to permit them to recover
from their trauma and consider participation in judicial proceedings.
The new law authorizes the Government to waive normal immigration
requirements and grant residency permits to victims and witnesses who
would be in danger if they returned to their home countries. It also
allows the federal government to assist victims logistically and
financially in their voluntary return and reintegration into the
societies of their home countries.
The Government funded several antitrafficking information and
education campaigns around the world. The Ministry of Foreign Affairs
continued to provide specialized training to its consular staff and to
distribute trafficking awareness information to visa applicants in
local languages.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with disabilities in employment,
education, access to health care, and the provision of other state
services, and the prohibition was generally enforced. The law mandates
access to public buildings and government services for persons with
disabilities, and the Government generally enforced these provisions in
practice. In June 2007 voters approved a government proposed reform of
the federal disability insurance scheme, which was facing financial
difficulties. The reform restricts access to disability benefits but
also offers better and timelier assistance to enable persons with
disabilities to remain (partially) employed and strengthens incentives
for employers to hire them.
The Federal Equal Opportunity Office for Persons with Disabilities
promoted awareness of the law and respect for the rights of the
disabled through counseling and financial support for projects to
facilitate their integration in society and the labor market. The
Government continued a three year pilot project to empower persons with
severe disabilities to live on their own. In September the Government
decided to introduce the associated incremental costs of such
assistance into federal disability insurance, stating that the pilot
project, which began in 2006 in the cantons of Basel, St Gallen, and
Valais already had demonstrated its utility.
During the year, NGOs acting on behalf of disabled persons appealed
to a federal court against local decisions in the cantons of Zug and
Zurich to reject some citizenship applications because of the
applicants' mental disabilities. These local decisions reportedly were
based on the assumption that the applicants did not have the required
mental capabilities to understand the importance and consequences of
naturalization or that the applicants would be dependent on social
welfare. Appeals to the federal court were pending in three cases.
On December 3, on the occasion of the International Day of Disabled
Persons, the Federal Statistics Office released the results of a study
indicating that 64 percent of persons with disabilities participated in
the labor market.
National/Racial/Ethnic Minorities.--Right wing extremists,
including skinheads, continued to be publicly active; police estimated
that their numbers remained steady at approximately 1,200. Statistics
gathered by the Foundation against Racism and Anti Semitism indicated
that the total number of reported incidents against foreigners or
minorities was 118 in 2007, up from the 93 incidents recorded in 2006.
These figures included instances of verbal and written attacks, which
were much more frequent than physical assaults.
The objects of right wing hostility included foreigners, ethnic and
religious minorities, and immigrants. Many of the violent incidents
were clashes between right and left wing extremist groups.
Authorities were continuing their investigation of a May 2007
attack against a 43 year old immigrant from Angola at his place of work
in a suburb of Zurich. Using chainsaws as weapons, the perpetrators
inflicted severe injuries on the victim requiring extensive medical
care. The victim reported that the attackers shouted statements against
Africans during the attack.
In March the Aargau cantonal police arrested five persons suspected
of conspiring to throw a Molotov cocktail at an asylum center housing
40 asylum seekers in the city of Stein im Fricktal. Four of the
perpetrators were minors aged 17, and one was aged 20 at the time of
the attack. All of the persons, described in the press as ``right
extremists,'' reportedly admitted their involvement in the attack and
said it was racially motivated and spontaneous. At year's end the
police investigation phase had ended, and the case was under review by
the cantonal prosecutor.
The number of naturalizations of resident foreigners rose from
26,860 in 2001 to 45,072 in 2007. In September 2007 the FCR released an
official report on the country's naturalization procedures for foreign
residents. The FCR concluded that the system, in which cantonal and
local authorities are responsible for naturalization procedures, either
by public assembly or by a special panel, sometimes resulted in
discriminatory rejections, particularly of nationals of the former
Yugoslavia, and of Muslims. The commission recommended that the power
to grant citizenship be delegated to an elected executive body.
The Jenisch are recognized by the Government as a minority group
under the Convention for the Protection of National Minorities of the
Council of Europe. While the large majority of the 30,000 35,000
Jenisch in the country are settled, the Roma European Rights Center
reported that representatives of the several thousand who continued to
pursue an itinerant lifestyle urged the Government to carry out its
promises to create new campsites and parking areas for them. A lack of
proper camping facilities and transit areas reportedly forced many to
occupy land illegally. The federal government allocated 750,000 francs
(approximately $700,000) for measures and projects between 2007 and
2011 to improve the Jenisch living conditions.
The Department of the Interior's Federal Service for Combating
Racism sponsored a variety of educational and awareness building
projects to combat racism, xenophobia, and anti Semitism.
Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination based on sexual orientation.
There were occasional reports of discrimination against persons
with HIV/AIDS. On World Aids Day, the Swiss Aids Federation launched a
new awareness campaign to combat prejudices and workplace
discrimination against persons with HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law permits all workers,
including foreigners, to form and join independent unions of their
choice without previous authorization or excessive requirements, and
workers exercised these rights in practice. Approximately 25 percent of
the workforce was unionized.
The law allows unions to conduct their activities without
interference, and the Government protected this right in practice. The
law provides for the right to strike, and workers exercised this right
by conducting legal strikes. However, collective bargaining agreements
commit the social partners to maintaining labor peace, limiting the
right to strike for the duration of the agreement. Such agreements
generally last several years, with wages being negotiated annually. The
Government may curtail the right of federal public servants to strike,
but only for reasons of national security or safeguarding foreign
policy interests. Public servants in some cantons and many
municipalities are prohibited from going on strike.
b. The Right to Organize and Bargain Collectively.--The law
provides for the freedom to bargain collectively, and workers exercised
this right. Approximately 50 percent of the work force was covered by
collective bargaining agreements.
Trade union leaders criticized the absence of a legal requirement
obliging employees to offer reinstatement to an employee who is found
to be unjustly dismissed. The law provides that a worker found to have
been illegally dismissed is entitled to maximum compensation of up to
six months' wages. Trade union leaders complained that this penalty was
insufficient to deter abusive dismissals of union activists.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. Women were trafficked for sexual
exploitation and domestic labor; there were isolated reports of
trafficking in children. Trafficked women were often forced into
prostitution and in many cases subjected physical and sexual violence,
encouraged toward drug addiction, and incarcerated. Many victims were
forced to work in salons or clubs.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively enforced laws and policies to protect children
from exploitation in the workplace; however, there were isolated
reports of trafficking in children.
The minimum age for fulltime employment is 15 years. Children 13
and 14 years of age may be employed in light duties for not more than
nine hours per week during the school year and 15 hours at other times.
The employment of youths from 15 through 18 is also restricted and
cantonal inspectorates strictly regulated these provisions. Children
are not permitted to work at night, on Sundays, or in hazardous
conditions.
The Economics Ministry monitored the implementation of child labor
laws and policies, but actual enforcement was the responsibility of the
cantonal labor inspectorates; government officials inspected companies
to determine whether there were violations of the child labor laws.
e. Acceptable Conditions of Work.--There was no national minimum
wage, which resulted in 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 francs (approximately $2,000 to $4,000) per month for
unskilled workers and 2,800 to 5,300 francs (approximately $2,600 to
$5,000) per month for skilled employees. These wages generally provided
a decent standard of living for a worker and family; however, parties
did not always adhere to these agreements. In September 2007 the
Government released the results of a study involving the inspection of
more than 31,000 companies between January 2006 and June 2007. The
study found that 24 percent of inspected companies paid less than the
minimum compensation provisions set in their collective bargaining
agreements. This practice, known as ``wage dumping,'' was most
prevalent in the construction and hospitality sectors.
The law sets a maximum 45 hour workweek for blue and white collar
workers in industry, services, and retail trades, and a 50 hour
workweek for all other workers. The law prescribes a rest period of 35
consecutive hours plus an additional half-day per week. Premium pay for
overtime must be at least 25 percent; overtime is generally restricted
to two hours per day. Annual overtime is limited by law to 170 hours
for those working 45 hours a week and to 140 hours for those working 50
hours a week. The Government effectively enforced these regulations.
__________
TURKEY
Turkey, with a population of approximately 71.5 million, is a
constitutional republic with a multiparty parliamentary system. The
country has a president with limited powers elected, as of an October
2007 referendum, by popular vote for a maximum of two five-year terms.
President Abdullah Gul was elected in August 2007 by the single-chamber
parliament, the Turkish Grand National Assembly. In July 2007
parliamentary elections, considered free and fair, the Justice and
Development Party (AKP) won the majority of seats and formed a one-
party government under Prime Minister Recep Tayyip Erdogan. There were
six opposition parties and five independent members in parliament.
Civilian authorities generally maintained effective control of the
security forces.
The Government generally respected the human rights of its
citizens; however, serious problems remained in some areas. During the
year human rights organizations documented a rise in cases of torture,
beatings, and abuse by security forces. Security forces committed
unlawful killings; the number of arrests and prosecutions in these
cases was low compared with the number of incidents, and convictions
remained rare. Prison conditions remained poor, with chronic
overcrowding and insufficient staff training. Law enforcement officials
did not always provide detainees immediate access to attorneys as
required by law. There were reports that some officials in the elected
government and state bureaucracy at times attempted to undermine the
judiciary's independence. The overly close relationship of judges and
prosecutors continued to hinder the right to a fair trial. Excessively
long trials were a problem. The Government limited freedom of
expression through the use of constitutional restrictions and numerous
laws, including articles of the penal code prohibiting insults to the
Government, the state, the ``Turkish nation,'' or the institution and
symbols of the republic. Limitations on freedom of expression applied
to the Internet, and courts and an independent board ordered
telecommunications providers to block access to Web sites on
approximately 1,475 occasions. Non-Muslim religious groups continued to
face restrictions on practicing their religion openly, owning property,
and training leaders. Violence against women, including honor killings
and rape, remained a widespread problem. Child marriage persisted.
Incidents of police corruption contributed to trafficking in persons
for labor and sexual exploitation.
In April the Government reduced limitations on freedom of
expression by amending Article 301 of the penal code to more narrowly
define the circumstances under which speech may be criminalized and
prosecuted. In June the Government amended the law to reduce
restrictions on non-Turkish language broadcasts on state-owned
television. On December 25, the Government expanded Kurdish language
broadcasts with the introduction of a pilot, 24-hour state television
channel in the Kurdish language. The Government took initial steps
during the year to recognize and address the concerns of the Alevi
population. In February the parliament amended the Foundations Law,
expanding the ability of minority religious groups to acquire new
property and recover confiscated property.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
security forces killed a number of persons during the year.
The nongovernmental association (NGO) Human Rights Foundation (HRF)
reported that security forces caused the deaths of seven persons during
demonstrations. On February 15, Yahya Menekse died under an armored
police vehicle during a demonstration in Cizre, Sirnak. Official
autopsy results confirmed that Menekse died as a result of being
crushed under the vehicle. The Cizre District Governorship initially
did not give permission to the Office of the Cizre Public Chief
Prosecutor to investigate the death. On October 23, a Diyarbakir court
reversed the district governor's decision and issued permission for the
prosecution of seven policemen. The investigation was ongoing at year's
end.
On March 5, in Ercis, Van province, Mehmet Deniz suffered serious
injuries and later died during a clash between demonstrators and
security forces at a demonstration to mark World Women's Day.
On March 22, police shot Zeki Erik in the chest during Nevruz
celebrations in Van; he subsequently died in Van University Hospital.
There continued to be reports that security forces shot and killed
civilians who refused to obey a warning to stop. The Human Rights
Association (HRA) reported that nine persons died and 12 were injured
specifically for refusing to stop, an increase over the previous year.
Human rights organizations stated that the Government's failure to
clearly delineate appropriate situations to use lethal force, in the
revised Antiterror Law or other laws, contributed to cases of
disproportionate use of force.
On July 26, a police officer in Bursa killed Gokhan Ergun for not
obeying a warning to stop. A Bursa penal court prosecuted the police
officer on charges of ``intentionally wounding in a way that causes
death,'' releasing him on bail following a November 13 hearing. The
trial was pending at year's end.
On August 25, a checkpoint police team in Sivas fired on a car for
refusing to obey a warning to stop, killing the driver, Turan Ozdemir.
According to the HRF, security forces killed a total of 37 persons
for refusing to obey a warning to stop, by haphazard police fire, or
other extrajudicial killings.
On October 11, Engin Ceber, who had been detained on September 28
with three other youths for selling the leftist newspaper Yuruyus
(March), died of a brain hemorrhage, reportedly as a result of beating
by security forces during his detention. The detainees' attorney filed
a criminal complaint against police officers at Istanbul's Istinye
police station for allegedly beating the four youths, who were later
transferred to Metris Prison. The justice ministry appointed an
investigator to conduct a probe into the death, which was ongoing at
year's end. On October 15, the Justice Minister publicly apologized for
the use of disproportionate force by security forces. The Ministry of
Justice suspended 19 prison personnel during the investigation.
On December 29, an Istanbul prosecutor closed the investigation of
seven police officers suspected in the death of Mustafa Kurkcu in
Umraniye prison in June 2007 from cerebral hemorrhaging, allegedly as a
result of abuse. Countering family observations of Kurkcu's condition
and some medical reports, the prosecutor said the injuries occurred
before Kurkcu's detention.
There was no progress by year's end on investigating or prosecuting
the case of Ejder Demir, an ethnic Kurdish citizen whom security forces
shot and killed in September 2007 in the Asagi Kockiran village in
eastern Van Province. An NGO delegation that visited the town after his
death reported eyewitness statements that soldiers shot Demir in the
back without warning; government officials maintained that Demir was
trying to flee when shot.
On November 6, an Istanbul court granted bail to police officer Ali
Mutlu during his trial for the November 2007 death of 26-year-old
Feyzullah Ete in the Avcilar neighborhood of Istanbul. Mutlu allegedly
kicked Ete in the chest, after which Ete died of a heart attack. Ete
and a friend had been drinking in a public park. Witnesses said police
warned the victim and his friend prior to the physical confrontation.
The trial was ongoing at year's end. There were no results at year's
end of a related Ministry of Interior investigation into the officer's
conduct.
After a June 6 hearing, the trial continued at year's end of
Jandarma officers Ali Kaya and Ozcan Ildeniz and alleged informant
Veysel Ates related to the 2005 bombing of a bookstore that killed one
person in Semdinli, Hakkari province, and the violent protests that
followed. In May 2007 the court of appeals overturned the 2006
conviction of Kaya and Ildeniz for the bombing, and the conviction of
Ates in a separate case, directing the cases to be joined and tried in
a military court. Related cases against Tanju Cavus for using excessive
force against demonstrators after the bombing, and against bookstore
owner Seferi Yilmaz for assisting and sheltering members of the
terrorist organization Kurdish Workers' Party (PKK), were ongoing at
year's end.
On March 12, an Eskisehir criminal court acquitted attorney Tahir
Elci of allegations that he tried to interfere with the prosecution of
four police officers charged with the unlawful killing of Ahmet and
Ugur Kaymaz in 2004. In 2007 prosecutors filed charges against Elci,
who represented the Kaymaz family, after he spoke to the press about
the case. The four officers were acquitted in April 2007.
The HRF reported 32 suspicious deaths of prison inmates through
December, a significant increase over 2007. At least 17 of the deaths
were reportedly suicides.
The case against an officer from the Beyoglu District of Istanbul
for the August 2007 killing of Nigerian refugee Festus Okey was ongoing
at year's end. Okey died in a police station in Istanbul during
interrogation by the officer, who allegedly had a gun. The Beyoglu
criminal court decided in November 2007 to send the case to the penal
court under the charge of ``premeditated murder'' rather than
``negligent killing.''
According to the Government, 49 civilians were killed and 252 were
injured, 143 members of the security forces were killed and 256 were
injured, and 657 terrorists were killed in armed clashes related to the
struggle against the PKK during the year. Most of the clashes occurred
in the southeast. The numbers of civilian deaths and injuries
significantly increased from 2007.
According to the HRF, landmines and unattended explosives killed 24
civilians and injured 43 during the year. Both security forces and the
PKK used landmines.
On several occasions throughout the year, government military
aircraft attacked areas controlled by the PKK in northern Iraq
following attacks in Turkey. According to press reports, one civilian
was injured in these attacks.
b. Disappearance.--There were two reports of politically motivated
disappearances.
On June 3, the relatives of Enver Elbat notified the HRA that Elbat
had been missing since December 2007. Elbat's father reported that his
son had been jailed for 12 years. He alleged the police told him to
look for Elbat in the mountains when he requested more information
about his son's disappearance.
On July 29, the family of Hasan Onay notified the HRA that Onay had
been missing since June 13 after allegedly being detained by the
police. In December 2006 Onay and others resisted the police during a
raid on the Basic Right and Freedoms Association. Onay escaped and had
remained in hiding until his alleged detention.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
members of the security forces continued to torture, beat, and abuse
persons.
Human rights organizations and the European Commission reported a
rise in cases of torture and abuse during the year. In a July 2007
report, Amnesty International (AI) noted that a ``culture of impunity''
allowed police and Jandarma to escape accountability for torture and
enabled courts to disregard medical evidence of torture and accept as
evidence statements allegedly extracted under torture.
Courts investigated many allegations of abuse and torture by
security forces during the year; however, they rarely convicted or
punished offenders. When courts did convict offenders, punishment
generally was minimal and sentences were often suspended. Authorities
typically allowed officers accused of abuse to remain on duty and
occasionally even promoted them during their trials, which often took
years.
A December parliamentary Human Rights Investigation Commission
report found that, between 2003-08, 2 percent of the 2,140 personnel
who were investigated due to accusations of torture or mistreatment
were given disciplinary sentences.
The Turkish National Police (TNP) reported 14 cases of torture
allegations and opened administrative and judicial investigations
against 60 personnel. As of October 24, there were no cases of
prosecution against alleged torture suspects that had resulted in
conviction or firing. Four cases resulted in salary cuts.
According to an October report by the Prime Ministry's Human Rights
Presidency (HRP), the number of torture and cruel treatment cases
reported in the first six months of the year surpassed the number
reported in the first half of 2007. The HRP reported that, in the first
half of the year, 178 persons reported cruel treatment and 26 reported
torture, up from 79 reports of cruel treatment and 17 reports of
torture during the same period in 2007.
According to the HRA, there were 238 incidents of torture in the
first nine months of the year. The reports involved a total of 178
victims and 298 suspects (263 police, 15 Jandarma, and 20 other public
servants).
The HRF reported that, in the first nine months of year, 312
persons applied to the HRF's centers for assistance. Of these, 182
cases involved torture or abuse inflicted during the year; the rest
involved abuse incidents that occurred previously. A number of human
rights observers claimed that only a small percentage of detainees
reported torture and abuse because most feared retaliation or believed
that complaining was futile.
In its October report, the NGO Societal and Legal Research
Foundation (TOHAV) reported an increase in torture cases during the
year. Based on a study of 275 surveys from individuals who submitted
credible reports of torture from 2006 through February 28, TOHAV found
that 210 of the victims were ethnic Kurds, 55 ethnic Turks, and 10
ethnic Arabs. A total of 217 victims claimed that they were tortured
for their political views, 36 for their sexual orientation, and 22 for
criminal reasons. Fifteen of the victims said they were abused in a
police car, 83 in open fields, and 76 in police stations. Only 70 of
the torture allegations resulted in criminal complaints, and only five
of those resulted in court cases, which were ongoing at year's end.
The Council of Europe's Committee for the Prevention of Torture
(CPT) and domestic human rights observers reported that security
officials mainly used methods of torture and abuse that did not leave
physical signs, including repeated slapping, exposing detainees to
cold, stripping and blindfolding detainees, food and sleep deprivation,
threatening detainees or their family members, dripping water on
detainees' heads, isolation, and mock executions. Human rights
activists, attorneys, and physicians who treated victims said that,
because of increased punishments for torture and abuse, police who
engaged in these practices often did so outside of police detention
centers to avoid detection.
Human rights activists maintained that those arrested for ordinary
crimes were as likely to suffer torture and mistreatment in detention
as those arrested for political offenses, such as speaking out against
the Government, although they were less likely to report abuse.
Observers believed that security officials tortured some political
detainees to intimidate them and send a warning to others with similar
political views. Authorities allegedly tortured some suspects to obtain
confessions.
On September 17, police officer Gazi Ozuak from the Van Security
Directorate was arrested on charges of torturing theft suspect Zeki
Simsek. Ozuak had detained Simsek for alleged involvement in a theft
nine days earlier. Simsek's claim at his subsequent arraignment that he
had been tortured with nails and cigarettes during his interrogation
was verified by a medical report by the Van State Hospital.
On September 28, police detained Engin Ceber, Ozgur Karakaya, Aysu
Baykal, and Cihan Gun for distributing copies of Yuruyus (March), a
leftist newspaper. The youth were distributing the paper in protest of
the shooting and paralysis of Ferhat Gercek by police in 2007 while
distributing the same paper. Their attorney filed a criminal complaint
against police officers at Istanbul's Istinye police station for
allegedly beating the four youths, who were later transferred to Metris
Prison. On October 6, Ceber was moved to a hospital for treatment and
declared dead on October 11; an investigation into the death was
ongoing at year's end (see Section 1.a.). On October 15, the Justice
Minister publicly apologized for the use of disproportionate force by
security forces. The Ministry of Justice suspended 19 prison personnel
during the investigation.
In the related case of the October 2007 shooting and paralysis of
Ferhat Gercek while he was selling Yuruyus, in June Gercek identified
the police officer who shot at him during an investigation into the
events. Gercek was indicted and faced 15 years and four months'
imprisonment for resisting arrest; the eight police officers who
arrested him were indicted and faced up to nine years' imprisonment for
disproportionate use of force. The cases were postponed after accused
police officers failed to appear for the first hearing.
On September 30, Derya Bakir suffered fractures in both legs due to
alleged cruel treatment by 20 guards while visiting his brother, held
at the Ankara Sincan ``F-Type'' (maximum security) prison for being a
member of a leftist organization. The guards reportedly began to beat
him for failing to leave the visitation room in time, resulting in his
left foot being broken.
At year's end, there was still no investigation into the March 2007
criminal complaint filed by a Diyarbakir woman alleging police tortured
her while she was visiting her detained husband at a polic station. She
alleged that one of the officers held her while the other beat her with
a police baton for approximately one hour. The police denied any
mistreatment.
On December 29, an Istanbul prosecutor closed the investigation of
seven police officers suspected in the death of Mustafa Kurkcu in
Umraniye prison in June 2007 from cerebral hemorrhaging, allegedly as a
result of abuse. Countering family observations of Kurkcu's condition
and some medical reports, the prosecutor said the injuries occurred
before Kurkcu's detention.
At year's end, there was still no investigation into the July 2007
alleged police beating in Istanbul of Sinan Tekpetek, a leader of 52
Percent, a group that protests the country's university entrance exam
system, and editor of 52 Percent Anger magazine and Ozgur Hayat (Free
Life) newspaper. Tekpetek alleged that police officers sprayed him with
tear gas and beat him during a traffic stop, then drove him to a field
where they continued to beat him before driving away and throwing him
out of the moving car.
Human rights organizations documented several cases of prison
guards beating inmates during the year.
On January 17, three prisoners held in Bolu ``F-Type'' prison,
Muzaffer Akengin, Deniz Guzel, and Naif Bal, filed an official
complaint to public prosecutors alleging they were beaten with sticks
and kicked by prison guards. On December 1, the prosecutor launched
cases against the three for insulting officers, and prison
administrators sentenced the prisoners to two months of ``discipline
punishment.''
In July 2007, Hurriyet newspaper published an expose by reporter
Aydin Dogan regarding allegations that two boys, aged 17 and 18, were
tortured early in the year by prison officials while they were
imprisoned for 10 days on allegations, later withdrawn, that the boys
had committed rape in a boys' shelter. At year's end, HRF reported that
no investigation had been opened.
In September 2007 attorneys Filiz Kalayci, Murat Vargun, and
Ibrahim Vargun alleged that a team of guards at Kirikkale ``F-type''
prison severely beat and mistreated their two clients after they were
transferred to Kirikkale from Sincan prison earlier that month. The
attorneys observed that their clients had injuries such as bruising,
broken teeth, and difficulty standing or breathing after the transfer.
There were no reports of an investigation at year's end.
On March 7, in the third criminal trial opened against 12 orphanage
employees accused of abusing children at the Malatya State Orphanage in
2005, the Malatya penal court sentenced eight orphanage employees to
one year in prison for ``neglecting their duties,'' but postponed
execution of the sentence. Two other criminal trials against the
orphanage employees on charges of abuse continued at year's end. The
investigations began in 2005 when media aired footage of employees
beating naked orphanage children, some of whom alleged they had been
forced to eat excrement. A physical examination procured evidence that
21 of 46 children had been subjected to torture, including severe
beatings and hot water burns.
Prison and Detention Center Conditions.--Prison conditions
generally improved during the year, but facilities remained inadequate.
Underfunding, overcrowding, and insufficient staff training were
problems.
At year's end, the Ministry of Justice reported that the country
had 391 prisons with a capacity of 92,497 and with a total of 90,837
inmates, 53,229 of whom were detainees awaiting trial.
According to the Turkish Medical Doctors' Association, prisons were
not adequately staffed with doctors, and psychologists were available
only at some of the largest prisons. Several inmates claimed they were
denied appropriate medical treatment for serious illness. The HRA
reported that in the first nine months of the year, 370 prisoners were
denied access to appropriate medical treatment.
Foreigners who claimed asylum after being detained by security
forces were held in ``guest houses for foreigners'' operated by the
Foreigners' Department of the Ministry of Interior. According to the
United Nations High Commissioner for Refugees (UNHCR), detained asylum
seekers reported insufficient food and medical attention and
overcrowded conditions.
Despite the existence of separate juvenile facilities, at times
juveniles and adults were held in adjacent wards with mutual access.
Observers reported that detainees and convicts occasionally were held
together. Inmates convicted for nonviolent, speech-related offenses
were sometimes held in high-security prisons.
The Government has permitted prison visits by representatives of
some international organizations, such as the CPT, which last conducted
one of its periodic visits to the country in 2004. In May 2007 a CPT
delegation visited the Imrali High Security Closed Prison where PKK
leader Abdullah Ocalan was the sole prisoner. The CPT visited
psychiatric facilities in 2006. Domestic NGOs did not have access to
prisons. Domestic human rights organizations and activists reported
that prison monitoring boards composed of government officials and
private individuals were ineffective.
In July 2007 the Ministry of Justice issued a regulation that
restricted the ability of members of parliament to visit inmates who
were convicted of terrorism or violations against the constitution and
state. According to government sources, officials adopted the
regulation to prevent possible attempts by the pro-Kurdish Democratic
Society Party (DTP) deputies to visit Abdullah Ocalan. Human rights
activists called the measure undemocratic and argued that reducing
parliamentarians' access to prisons would diminish oversight of
continuing problems, such as torture.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, the Government at times did not observe
these prohibitions.
Role of the Police and Security Apparatus.--The TNP, under Ministry
of Interior control, is responsible for security in large urban areas.
The Jandarma, paramilitary forces under joint Ministry of Interior and
military control, is responsible for policing rural areas. The Jandarma
is also responsible for specific border sectors where smuggling is
common; however, the military had overall responsibility for border
control. Human rights groups reported that judicial police, established
to take direction from prosecutors during investigations, continued to
report to the Ministry of Interior.
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 were accused repeatedly of drug
trafficking, corruption, theft, rape, and other abuses. Inadequate
oversight and compensation contributed to the problem, and in many
cases Jandarma allegedly protected village guards from prosecution.
Although security forces were generally considered effective, the
village guards, Jandarma, and police special forces were viewed as most
responsible for abuses. Corruption and impunity remained serious
problems.
Progress was made to overhaul the village guard system with a May
2007 law passed by parliament that limits the total number of village
guards under normal circumstances to 40,000; provides that the Council
of Ministers may increase this number by up to 50 percent; provides
continued employment for current guards; establishes a mandatory
retirement age at age 55; provides a partial salary for early
retirement; provides for a pension to guards who served more than 15
years; and requires the Ministry of Interior to establish procedures
for hiring, firing, training and otherwise regulating the guard system.
According to government officials, the law is intended to gradually
phase out the system through retirement while providing social support
for the 63,000 current village guards.
The TNP and Jandarma received specialized training in a number of
areas, including human rights and counterterrorism. According to the
Government, the armed forces emphasized human rights in training for
officers and noncommissioned officers.
The Ministry of Interior reported that, through October, judicial
and administrative cases were initiated against 60 security personnel
for excessive use of force and torture. Four personnel received salary
cuts, but none were fired or convicted for torture or excessive use of
force. Investigations were dropped in 22 judicial cases, and in 29
administrative cases it was determined that there was ``no need to
punish'' or ``no need to reach a decision.''
The Ministry of the Interior reported that 93 cases against
security personnel for mistreatment and excessive use of force were
concluded during the year from previous years. Eighty-four resulted in
acquittal and nine personnel were convicted. No personnel were fired.
On October 8, the court of appeals overturned a sentence of three
years and four months' imprisonment for eight police officers who were
convicted of causing the death of detainee Alparslan Yelden in 1999.
The high court ruled that the police officers should have been
acquitted.
In October a Burdur penal court sentenced the three commanders of
the Bucak Jandarma command headquarters to two years' imprisonment and
disqualification from office for one year each on charges of
``torturing in detention.'' In 2000, 17 villagers were detained and
beaten in the Jandarma headquarters on accusations of theft.
Arrest and Detention.--Warrants issued by a prosecutor are required
for arrests unless the suspect is caught in the commission of a crime.
A suspect may be detained for 24 hours, with prosecutorial discretion
to extend the period to 48 hours, excluding transportation time, before
being arraigned by a judge. There is a functioning bail system. After
arraignment, the judge may release the accused upon receipt of an
appropriate assurance, such as bail, or order detention if the court
determines that the accused is likely to flee the jurisdiction or
destroy evidence. The law provides that detainees are entitled to
immediate access to an attorney and to meet and confer with an attorney
at any time. The law requires the Government to provide indigent
detainees with a public attorney in criminal cases where the defendant
faces a penalty of more than five years in prison.
Private attorneys and human rights monitors reported irregular
implementation of these regulations, particularly with respect to
attorney access. According to a number of local bar associations,
attorney access for detainees remained consistent with the previous
year and continued to vary widely across the country. Numerous bar
association representatives and human rights organizations reported
that in urban areas most detainees consulted with attorneys soon after
being detained, while in rural areas, particularly the southeast, there
was a higher number of cases where defendants did not have immediate
access to an attorney. The HRA observed no change in the percentage of
detainees consulting with attorneys.
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.
Provincial bar associations continued to face difficulties providing
such attorneys because the Government was behind on compensation
payments for such work.
The HRA claimed 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. Detainees were
generally allowed prompt access to family members; however, human
rights organizations reported that they were hindered from helping
families find out whether a relative had been detained because the
Government refused to release such information to the organizations.
In February 2007 parliament amended the Law on the Duties and
Competencies of Police to significantly expand the authority of
security forces to search and detain a suspect. Under the amended law,
police and Jandarma may compel a citizen to declare his identity
without any cause. The HRA stated that the expanded authority was
contrary to legal and civil rights.
During the year police routinely detained demonstrators. Police
detained several members of the DTP party on various occasions. Police
continued to detain and harass members of human rights organizations,
the media, and monitors. Police continued to detain persons on
suspicion of ``membership in an illegal organization'' and for the
distribution of leftist material.
On July 14, prosecutors in Istanbul indicted 90 persons, including
prominent military, business, and press corps personalities, on charges
of plotting to foment unrest and topple the elected government as
members of an organization labeled the ``Ergenekon Network.'' The
indictment included allegations that the group plotted assassinations
of public figures, including religious leaders, as well as planned
beatings and bombings of prominent individuals. When the trial opened
on October 20, there were 86 persons named in the indictment. Some
members of the press and critics of the Government considered the
indictment to be politically motivated. Several individuals were held
without charge for approximately a month prior to the July 14
indictment.
Lengthy pretrial detention was a problem. The law provides
detainees the right to request speedy arraignment and trial; however,
judges have ordered that some suspects be detained indefinitely, at
times for years, without trial.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, the judiciary was occasionally subject
to outside influence. There were reports of judicial corruption.
The law prohibits the Government from issuing orders or
recommendations concerning the exercise of judicial power; however, the
Government on occasion launched formal investigations against judges
who had spoken critically of the Government or state structure.
There was at least one instance of a government official making a
statement that could be interpreted as instructions to the judiciary.
In November Justice Minister Mehmet Ali Sahin granted permission for
the prosecution of Temel Demirer on charges of violating Article 301.
Before the trial, Sahin said, ``I will not let someone call my state
'murderer.' This is not freedom of expression. This is exactly what the
crime of insulting the person of the state is.''
The High Council of Judges and Prosecutors was widely criticized
for undermining the independence of the judiciary. The Justice Minister
serves as chairman of the seven-member council, and the undersecretary
of the Ministry of Justice also serves on the council. The council's
rules stipulate that one of these two officials must preside over
meetings. The council selects judges and prosecutors for the higher
courts and is responsible for oversight of the lower courts. The
council is located in the Ministry of Justice and does not have its own
budget. While the constitution provides for job security through
tenure, the council controls the careers of judges and prosecutors
through appointments, transfers, promotions, and reprimands.
On April 30, the parliament passed an amendment to Turkish Penal
Code Article 301, which criminalizes insults to the Turkish state.
Previously, it had been a crime to insult ``Turkishness.'' The
amendment provides for greater separation between the court and
ideologically motivated attorneys by requiring the approval of the
Justice Minister for charges of violating Article 301 to proceed to
court. However, the Turkish Publishers Association (TPA) continued to
find that prosecutors and courts accepted certain classes of cases
filed by ideologically motivated attorneys, such as those involving
allegations of insulting the state or Ataturk, but ignored complaints
of violations of human rights.
In December 2007, the Higher Board of Prosecutors and Judges closed
for lack of evidence its investigation opened in March 2007 against
Ankara Kazan sub-provincial judge Kemal Sahin for allegedly insulting
the judiciary in a 2006 newspaper article. Sahin had written that the
judiciary was losing credibility and objectivity because judges face
the fear of being investigated by the High Council if they pursue
certain crimes or cases.
The close connection between public prosecutors and judges gave the
appearance of impropriety and unfairness in criminal cases. Prosecutors
and judges study together before being assigned by the High Council.
Once appointed, they are housed together, frequently share the same
office space, and often work in the same courtroom for more than five
years.
In December 2007 the Government enacted a law that codified the
practice of subjecting all judicial candidates to a written and an oral
examination administered by the Ministry of Justice and established a
mechanism to allow private attorneys with five years' experience who
are younger than 35 to enter the judiciary's ranks. The Union of
Turkish Bar Associations organized a rally that month protesting the
oral examination provision, which it asserted would allow the Ministry
of Justice to select candidates based on political considerations. The
Government maintained that the law merely codified prior practice and
was necessary to fill thousands of vacant posts for judges. At year's
end, the High Council continued to make judicial appointments.
According to several regional bar associations, the Government
devoted insufficient resources to public defense. The associations also
noted that public defense attorneys underwent less rigorous training
than their prosecutorial counterparts and were not required to take an
examination to demonstrate a minimum level of expertise.
The judicial system is composed of general law courts; specialized
heavy penal courts; military courts; the Constitutional Court, the
country's highest court; and three other high courts. The High Court of
Appeals hears appeals for criminal cases, the Council of State hears
appeals of administrative cases or cases between government entities,
and the audit court audits state institutions. Most cases were
prosecuted in the general law courts, which include civil,
administrative, and criminal courts. The Ministry of Justice reported
that none of the regional appeals courts established by 2004
legislation to relieve the high court's caseload were operational at
year's end and that the project was postponed due to delays in building
new court houses and assigning judges and prosecutors. In November the
European Commission noted this as ``a matter of concern.''
The Constitutional Court examines the constitutionality of laws,
decrees, and parliamentary procedural rules, and hears cases involving
the prohibition of political parties. If impeached, ministers and prime
ministers can be tried in the Constitutional Court. However, the court
cannot consider ``decrees with the force of law'' issued under a state
of emergency, martial law, in time of war, or in other situations as
authorized by parliament. Military courts, with their own appeals
system, hear cases involving military law for members of the armed
forces. Military courts can also hear cases involving crimes committed
by both civilians and military personnel.
Administrative and bureaucratic barriers impeded prosecutions and
contributed to the low number of convictions of security force
personnel for human rights abuses. Under the law courts could not
convict unless a defendant attended at least one trial session. Police
defendants occasionally failed to attend hearings in order to avoid
conviction; prosecuting attorneys claimed courts failed to make serious
attempts to locate such defendants, even in cases where the defendants
received salary or pension checks at their home address.
According to a 2007 AI report, criminal defendants faced numerous
violations of their right to a fair trial during courtroom proceedings.
The report found that courts frequently refused to hear defense
witnesses, despite a new law allowing the defense to call its own
witnesses; courts and prosecutors often refused to consider new
exculpatory evidence; pretrial and trial periods frequently lasted for
many years due in part to a severe backlog of cases; courts often did
not allow defendants to take part in pretrial hearings; and courts
frequently failed to provide defendants with qualified interpreters.
According to the AI report, defendants in cases that were
transferred from state security courts, abolished in 2004, to heavy
penal courts often faced the same judges and prosecutors who presided
over their cases in the state security courts. The report also found
that these judges frequently failed to investigate or take into account
allegations that confessions were brought about by torture or
allegations of long periods of ``unofficial'' detention with no access
to legal counsel. The report noted that defendants in these cases were
being sentenced on the basis of evidence extracted under torture or
other mistreatment.
Trial Procedures.--There is no jury system; a judge or a panel of
judges decides all cases. Trials are public for all cases except those
involving minors as defendants. The law requires bar associations to
provide free counsel to indigents who request it from the court if the
potential sentence is more than five years, and bar associations across
the country did so in practice. 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
present witnesses and evidence on their behalf. Defendants and their
attorneys have access to government-held evidence relevant to their
cases. Defendants enjoy a presumption of innocence and the right to
appeal.
International human rights organizations and the European Union
(EU) stated that the courtroom structure and rules of criminal
procedure gave 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 that is at the same level as that of the judge; the defense sits
at floor level. During the trial, the prosecutor may himself call any
witness desired, whereas the defense must request that the judge call a
witness. Judges decide whether to ask and how to phrase defense
counsel's questions, but ask all of the prosecution's questions in the
exact form presented.
The law provides for the right to a speedy trial; however, at times
trials lasted for years. Proceedings against security officials often
were delayed because officers did not submit statements promptly or
attend trials.
The law prohibits the use of evidence in court obtained by torture;
however, prosecutors in some instances failed to pursue torture
allegations, forcing defendants to initiate a separate legal case to
determine whether the evidence should be excluded. Human rights
organizations reported that in such instances the primary case
frequently was concluded before the secondary case was decided,
effectively rendering the secondary case moot, and leading to unjust
convictions.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees from the Ministry of Justice. However,
the HRA asserted that there were several thousand political prisoners,
including leftists, rightists, and Islamists, and contended that the
Government does not distinguish them as such. The Government claimed
that alleged political prisoners were in fact charged with being
members of, or assisting, terrorist organizations. According to the
Government, 2,232 convicts and 2,017 pretrial detainees were being held
in prison on terrorism charges through September 2007.
International humanitarian organizations were allowed access to
alleged political prisoners, provided they could obtain permission from
the Ministry of Justice. In practice organizations were rarely granted
such permission.
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.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law allows for phone tapping with a court order.
There were occasional complaints by individuals and public figures,
including higher court members and politicians, that their phones were
tapped. In June the court of appeals annulled a lower court decision
that ruled Jandarma had permission to tap phones. Only the Turkish
Telecommunication Agency was authorized to tap phones when presented
with a court order directed against alleged drug traffickers, organized
crime members, and terrorists.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, the Government continued to limit
these freedoms in occasional cases. Some senior government officials
made statements during the year strongly criticizing the press.
The Government, particularly the police and judiciary, limited
freedom of expression through the use of constitutional restrictions
and numerous laws including articles of the penal code prohibiting
insults to the Government, the state, ``Turkishness,'' Ataturk, or the
institutions and symbols of the republic. Other laws also restricted
speech, such as the Antiterror Law and laws governing the press and
elections.
On April 30, the parliament passed a constitutional amendment to
reform Article 301, which criminalizes insults to the Turkish state.
Previously, it had been a crime to insult ``Turkishness.'' The
amendment requires the approval of the Justice Minister in order for
charges of violating Article 301 to proceed to court. However, the TPA
continued to find that prosecutors and courts accepted certain classes
of cases filed by ideologically motivated attorneys, such as those
involving allegations of insulting the Turkish state or Ataturk.
Justice Minister Sahin reported that the court continued 527
Article 301 cases during the year, after concluding 217 cases in 2007.
After May 15, the Ministry of Justice received 519 applications to
initiate a court case under amended Article 301 charges. The minister
granted permission for 70 cases to proceed.
Individuals could not criticize the state or government publicly
without fear of reprisal, and the Government continued to restrict
expression by individuals sympathetic to some religious, political, and
Kurdish nationalist or cultural viewpoints. Active debates on human
rights and government policies continued, particularly on issues
relating to the country's EU membership process, the role of the
military, Islam, political Islam, the question of Turks of Kurdish and
other ethnic or religious origins as ``minorities,'' and the history of
the Turkish-Armenian conflict at the end of the Ottoman Empire.
However, persons who wrote or spoke out on such topics, particularly on
the Armenian issue, risked prosecution. The TPA reported that serious
restrictions on freedom of expression continued despite legal reforms
related to the country's EU candidacy.
The TPA reported that it faced more problems related to publishing
of books and articles on the Kurdish issue than in the previous year.
The most serious problem during the year remained the large number of
complaints filed by ideologically motivated attorneys.
According to the Government, there were no journalists held on
speech violations during the year. However, the TPA reported there were
21 journalists in jail for the content of their reporting, including
Kurdish media members and those accused of being leftist dissidents.
On June 19 and July 3, a Diyarbakir court tried nine children, ages
12 to 17, for ``promulgating propaganda on behalf of an illegal
organization'' after they sang a Kurdish folk song that is also the
anthem of Iraq's Kurdistan Regional Government at the San Francisco
International Music Festival in October 2007. Three boys were tried in
an adult court in Diyarbakir on June 19 and the other six members were
tried in children's court on July 3. In both cases, the charges were
dropped because the judge determined that the song was sung upon
request. An arrest warrant remained active for the choir director,
Duygu Ozge Bayar, who had not returned to the country after the
festival.
In December an Istanbul court acquitted prominent transsexual
singer Bulent Ersoy of alienating people from military service. On
February 24, Ersoy said during a television interview that, if she had
a son, she would not send him to fight in the cross-border operations
in northern Iraq.
In July 2007, police detained Gazi University students Durmus Sahin
and two friends for five days after Sahin criticized Health Minister
Recep Akdag during a campaign stop by refusing to shake his hand and
calling him a ``traitor.'' Akdag filed a complaint with the local
prosecutor, who brought charges under Article 301. The students face
imprisonment for six months to two years if convicted. The case was
ongoing at year's end.
At year's end, the case continued of Tulga Hepis, who was arrested
in October 2007 for allegedly insulting Turkishness by dressing his dog
in a shirt depicting the Turkish flag during an antiterrorism rally in
Bodrum. Hepis told police his aim was not to insult Turkishness but to
show patriotism.
Throughout the year, law enforcement and the judiciary increased
pressure on members of the pro-Kurdish DTP. The most common tactic used
was investigation and prosecution of DTP leaders for speaking in the
Kurdish language or for making statements critical of the Government.
In February the DTP sub-provincial chairman in Istanbul's Fatih
district, Mehdi Tanrikulu, was convicted for speaking Kurdish during
judicial proceedings in 2007, and was sentenced to five months'
imprisonment.
On April 22, a court convicted DTP Diyarbakir provincial chairman,
Hilmi Aydogdu, of inciting hatred and sentenced him to 15 months in
prison for suggesting that Kurds would fight the Government if
government forces ever attacked Kurds in Iraq. He was found guilty of
threatening public safety after he warned the Government against taking
any action in Kirkuk and was banned from politics. In February 2007,
police had arrested Aydogdu for the statements; Aydogdu later clarified
his remarks to mean that he was suggesting the Government extend a hand
of friendship to Kurds in northern Iraq.
In April ethnically Kurdish former parliamentarian Leyla Zana was
sentenced to two years' imprisonment by a Diyarbakir criminal court for
``spreading terrorist propaganda.'' In December she received a sentence
of 10 years' imprisonment from the same court for violating the penal
code and Antiterror Law in nine speeches in which she honored jailed
PKK leader Abdullah Ocalan.
In May the Justice Minister dismissed the case against former DTP
chairman Nurettin Demirtas and former co-chair Selma Irmak, who were
charged in September 2007 with violating Article 301 for handing out
flyers with accusations against the military on International World
Peace Day.
In September a Mersin penal court convicted the DTP Mersin Province
deputy and 2007 election candidate Orhan Miroglu for using Kurdish
during his electoral speeches. The court put Miroglu on probation for
five years. On September 28, an Antalya penal court sentenced the
former DTP Antalya Province branch chairman, Mustafa Gul, to 18 months'
imprisonment for using the honorific ``sayin'' (esteemed) to describe
jailed PKK leader Abdullah Ocalan in a January 27 speech.
On November 27, a Diyarbakir court acquitted the DTP mayor of
Batman, Huseyin Kalkan, of making propaganda for an illegal
organization for his remarks on the PKK and Kurdish sentiments in the
Los Angeles Times in 2006, after two Turkish citizens filed a criminal
complaint.
Mayor of Diyarbakir Osman Baydemir continued to face multiple
charges and investigations for use of the Kurdish language. At year's
end, he faced four cases for sending Kurdish language holiday cards
during the year. In October 2007, the Diyarbakir public prosecutor
opened two cases against Baydemir, demanding sentences of five and four
and one-half years, for referring to the PKK as the ``armed Kurdish
opposition.'' The cases were pending at year's end.
Security officials also prohibited the use of Kurdish in prisons in
several cities. The HRA reported 171 instances of such prohibitions
during the first nine months of the year.
Early in the year the Ministry of Justice reportedly distributed a
memorandum asserting that speaking in any language other than Turkish
was forbidden by the 2006 Prison Regulations Law. In June Sabah
reported that Fettah Karatas, an inmate in Erzurum Prison, was not
permitted to speak in Kurdish on the phone with his mother, who did not
speak Turkish.
On July 14, Birgun reported that the Van Prison prohibited the use
of Kurdish and put those who insisted on speaking Kurdish in solitary
cells. Birgun reported that authorities did not deliver letters written
in Kurdish at several prisons.
The country had an active print media independent of state control.
There were hundreds of private newspapers that spanned the political
spectrum.
The Government owned and operated the Turkish Radio and Television
Corporation (TRT). According to the High Board of Radio and Television
(RTUK), as of June there were 213 local, 16 regional, and 23 officially
registered national television stations and 952 local, 102 regional,
and 36 national radio stations. In addition, 66 television channels
were operating on the cable network, and RTUK granted 87 television
enterprises and 48 radio enterprises satellite licenses and broadcast
permits necessary for operation. Two additional enterprises carried out
activities as satellite platform operators. Other television and radio
stations broadcast without an official license. The wide availability
of satellite dishes and cable television allowed access to foreign
broadcasts, including several Kurdish language private channels. Most
media were owned by large, private holding companies that had a wide
range of outside business interests; the concentration of media
ownership influenced the content of reporting and limited the scope of
debate. Observers noted that media conglomerates increasingly used
media as a tool to build pressure against government policies.
Prosecutors harassed writers, journalists, and political figures by
bringing dozens of cases to court each year under various laws that
restricted media freedom; however, judges dismissed many of these
charges. Police harassed and beat journalists during at least one
demonstration. Authorities ordered raids of newspaper offices, closed
newspapers temporarily, issued fines, or confiscated newspapers for
violating speech codes. Despite government restrictions, the media
criticized government leaders and policies daily and in many cases
adopted an adversarial role with respect to the Government.
On April 2, an Istanbul court acquitted journalists Lale
Sariibrahimoglu of Today's Zaman newspaper and Ahmet Sik of Nokta news
magazine of violating Article 301. In 2007 the court opened an
investigation after Sik published a Nokta story in which
Sariibrahimoglu expressed concern about the ``mentality'' of the
military and its role in internal security.
On April 11, an Istanbul court acquitted Alper Gormuz, editor-in-
chief of Nokta, of slander charges brought against him by a retired
naval forces commander, Admiral Ozden Ornek. In April 2007,
approximately 50 police officers from an antiterrorism unit had
received a warrant to search the employees and office of the Nokta
weekly magazine following Nokta's publication of an article that
explored the relationship between unnamed civil society groups and the
military, citing the diary of Ornek as its source. AI noted that state
security denied Nokta staff access to their computers even though the
search warrant allowed only for files to be copied.
On September 16, an Istanbul court sentenced journalist Cengiz
Kapmaz to 10 months in prison for his 2006 interview in Ulkede Ozgur
Gundem with former Democratic Party deputy Orhan Dogan. During the
interview Dogan said that the PKK should be permitted a political
personality. The court also fined the administrators of the newspaper.
On September 23, the European Court of Human Rights (ECHR) ruled
against the Government for punishing Sakine Aktan, a reporter for the
newspaper Ozgur Bakis, for interviewing the president of the Kurdistan
Journalists' Association. An Istanbul security court had sentenced
Aktan to 20 months' imprisonment in 2001 and then fined him in February
for his 1999 interview.
On September 25, an Istanbul court sentenced Hurriyet journalist
Sebati Karakurt and editors Necdet Tatlican and Hasan Kilic to 1,000
days in prison in connection with a 2004 interview with a member of the
People's Defense Forces, a militant wing of the PKK. They were charged
under the Antiterror Law. The sentences were later changed to fines of
40,000 lira ($30,600).
On November 27, an Istanbul court acquitted journalist and writer
Perihan Magden of charges of alienating people from military service.
On February 19, a case was opened against Magden for a column she wrote
on January 8 that encouraged conscientious objection from mandatory
military duty.
In November the Prime Ministry did not renew the press licenses of
six journalists, for the purported reason that the reporters had issued
inaccurate content. International PEN and other organizations called
the dismissals part of a pattern of intimidation of journalists.
At year's end, the investigation continued into the December 2007
beating of Andreas Rombopulos, editor-in-chief of the Greek language
newspaper Iho, outside the newspaper's office in Istanbul by two
unknown attackers.
The trial of Ogun Samast, suspected of murdering prominent human
rights activist Hrant Dink in January 2007, was ongoing at year's end.
Dink, the editor-in-chief of the bilingual, Turkish-Armenian weekly
newspaper Agos, was killed outside of his office building in Istanbul.
The trial against Samast began in July 2007; he reportedly admitted
shooting Dink during an October 1 session of the trial. The
investigation resulted in the arrest and indictment of an additional 19
suspects, eight of whom remained in detention. Government officials
criticized the killing, while a national debate ensued concerning
ultranationalism and the true source of culpability. Dink had
previously been convicted in 2005 for ``insulting Turkishness'' in an
article he wrote on Turkish-Armenian relations.
In September Dink's family made an official complaint to the
Supreme Board of Judges and Prosecutors against the judges of the
regional administration court who did not authorize a trial against the
Istanbul security director, Celattin Cerrah, and the Istanbul
Intelligence Branch's former director, Ahmet Ilhan Guler. Three state
inspectors condemned Cerrah and Guler for not investigating warnings
received prior to the killing. Investigations into similar cases of
negligence of duty in Trabzon, Samsun, and Istanbul continued at year's
end.
In October the Ministry of Justice approved continuance of the case
against publisher and writer Temel Demirer under Article 301. Demirer
had been charged for a statement he made after Dink's killing, calling
for the recognition of the tragic events of 1915 as ``genocide.'' The
case continued at year's end, as did a separate trial of Demirer for
speaking about Ibrahim Kaypakkaya, a former leader of the Turkish
communist movement.
The Government maintained significant restrictions on the use of
Kurdish and other minority languages in radio and television
broadcasts. In June amendments to the law permitted the state-owned
television channel to broadcast nationally in languages other than
Turkish during the entire day, as opposed to half of the day. The
amendments were challenged in the Constitutional Court, where the
appeal was pending at year's end. RTUK regulations required non-Turkish
language radio programs to be followed by the same program in Turkish
and non-Turkish language television programs to have Turkish subtitles.
Start-up Kurdish broadcasters reported that these were onerous
financial obligations that prevented their entry into the market. On
December 25, the state-owned TRT broadcasting company started a pilot
24-hour station dedicated to news, music, and cultural events
broadcasting in Kurdish and other non-Turkish languages. The
programming does not include Turkish subtitles and carries no time
limitations for news broadcasts.
Officials at Radyo Imaj reported that they faced increasing
pressure in the form of two continuing administrative closure cases and
efforts by unknown parties to jam the station's frequency, reportedly
because the station played Kurdish music and conducted occasional
Kurdish language interviews. Government officials responded that Radyo
Imaj never obtained legal rights to the frequency at issue and was only
one of numerous stations waiting for a frequency to become available.
Radyo Imaj continued to broadcast over the Internet.
The TPA reported that, unlike the previous year, the banning and
recall of books was a concern. Five publications were recalled without
a final court decision during the year. Writers and publishers were
still prosecuted on grounds of defamation, denigration, obscenity,
separatism, subversion, fundamentalism, and blasphemy. Printing houses
were required to submit books and periodicals to prosecutors at the
time they are published. According to the TPA, prosecutors investigated
and in several cases pressed charges against printing houses for late
submission of materials deemed problematic. The TPA reported that
publishers often avoided works with controversial content. According to
the TPA, from June 2007 to June 2008, authorities investigated or
opened court cases against 38 authors and 22 publishing houses for 47
books they had either written or published. These cases resulted in
eight acquittals, 17 convictions, seven dismissals, and 18 ongoing
cases. The TPA noted that publishers continued to be held liable for
books whose authors were foreigners or living abroad.
The case against Atilla Tuygan for translating two books dealing
with Turkish-Armenian relations continued at year's end. The case was
opened in May 2007 after the books' publisher, Ragip Zarakolu, was
acquitted, and the court ruled that Tuygan should be tried instead. In
a second case, Raqip Zarakolu was convicted on June 19 and sentenced to
five months in prison for publishing The Truth Will Set Us Free, a book
describing the experience of the author's grandmother during the tragic
events of 1915. The court postponed the imposition of punishment, and
Zarakolu and his lawyer appealed the verdict. The appeal was ongoing at
year's end.
Authorities routinely censored media with pro-Kurdish or leftist
content, particularly in the southeast, by confiscating materials or
temporarily closing down the media source.
On September 1, an Istanbul court halted the publication of Ozgur
Ulke for one month for publishing information on rights violations in
prisons and reporting on military operations.
On October 7, an Istanbul court halted publication of Kurdish daily
newspaper Azadiya Welat for ``propagandizing the PKK and publishing its
statements.'' On October 8, the Istanbul Public Prosecution stopped the
publication of Kurdish weekly Yedinci Gun for one month for allegedly
praising the PKK.
Some members of the AKP party and Prime Minister Erdogan continued
to file suits against journalists and cartoonists during the year.
Human rights organizations, publishing associations, and journalists
alleged that those litigious tendencies created an environment of self-
censorship.
In October cartoonist Mehmet Cagcag was fined 4,000 lira ($3,060)
by an Ankara court for using Prime Minister Erdogan's image in a
critical photo montage. Erdogan had asked for 20,000 lira ($15,300) in
a civil case against the cartoonist for insulting him. An appeal was
pending at year's end.
Several large holding companies which owned news agencies in the
country were concerned over losing business opportunities if their
journalists wrote articles critical of the Government. One journalist
reported that his senior management discouraged the company's
journalists from writing articles critical of the AKP or its members.
Senior government officials, including Prime Minister Erdogan, made
statements during the year strongly criticizing the press and media
business figures, particularly following the publishing of reports on
alleged corruption in entities in Germany connected to the ruling
party.
Under the law editors at media organizations that disclose the
identities of public personnel fighting terrorism may be fined, and a
judge may order the closure for up to one month of a publication that
``makes propaganda for terrorist organizations.'' Former president
Ahmet Necdet Sezer challenged the law in the Constitutional Court,
arguing that such restrictions violate the constitution. At year's end,
the Constitutional Court had not ruled on the case, and the laws
remained in effect.
During the year cases against the press under the Antiterror Law
continued. The TPA and human rights groups reported that the law
contains an overly broad definition of offenses that allows
ideologically and politically motivated prosecutions. The status of at
least 550 cases opened against pro-Kurdish daily Ozgur Gundem under the
Antiterror Law was unclear at year's end. Some NGOs reported there had
been convictions in some of these cases during the year.
Internet Freedom.--The Internet was widely available in the
country. It was used in schools, libraries, private Internet cafes, and
other public locations, and the Government encouraged its use. There
were some restrictions on Internet access.
In May 2007 the Government adopted a new Internet law governing
criminal and civil law violations. The law allows the Government to ban
a Web site if there is sufficient suspicion that one of eight crimes is
being committed by the site: encouraging suicide; sexual abuse of
children; facilitation of drug abuse; provision of dangerous substances
for health care; obscenity; prostitution; gambling; or crimes regulated
in Turkish Code 5816 (crimes against Ataturk). Upon receiving a
complaint or as a result of personal observations, a prosecutor may
file an application to prohibit access to the offending site or, in an
urgent situation, the prosecutor or the Telecommunication Presidency
may impose a ban. In either case, a judge must rule on the matter
within 24 hours. Following a judicial ban order, the Internet service
provider (ISP) must block access within 24 hours. If the judge does not
approve the block, the prosecutor must ensure access is restored. The
ISP may face a penalty ranging from six months' to two years'
imprisonment for failing to comply with a judicial order. The law also
allows individuals who believe a Web site violates their personal
rights to request the ISP to remove the offensive content. By December
1, the court and prosecutors had issued 1,475 distinct orders to ban
Web sites in response to approximately 17,768 complaints, a significant
increase over the approximately 900 bans ordered in the previous year.
In May, for the third time, an Istanbul court banned access to the
``YouTube'' Web site to block a cartoon video that lampooned the
country's founding father, Ataturk. Access remained restricted at
year's end.
Controversial author Adnan Oktar, widely known as an
antievolutionist who authored the book Atlas of Creation, successfully
petitioned for the closure of six Web sites. On September 3, a Sisli
court banned the Web site of British evolutionary biologist Richard
Dawkins in response to a petition filed by Oktar's lawyers claiming
that Dawkins posted insults about Oktar. On September 24, a Gebze court
restricted access to the Web site of the Education and Science Workers'
Trade Union for publishing criticisms of Oktar's perspectives. On
October 15, a Silivri court restricted access to the newspaper Vatan's
Web site for permitting a reader's comment on an article in the online
version of the newspaper that criticized Oktar. At year's end, all of
the bans remained in effect.
Government authorities on rare occasions accessed Internet user
records to protect ``national security, public order, health, and
decency'' or to prevent a crime. Police must obtain authorization from
a judge or, in emergencies, the highest administrative authority before
taking such action.
Academic Freedom and Cultural Events.--There were generally no
government restrictions on academic freedom or cultural events;
however, a court convicted one academic who publicly supported views
contrary to the official state ideology, and there was some self-
censorship on sensitive topics.
On January 29, an Izmir court sentenced suspended Gazi University
professor Atilla Yayla to one year and six months in prison under a law
pertaining to the ``protection of Ataturk'' for saying in 2006 that
Kemalism was ``more regressive than progressive.'' The court later
offered to cancel Yayla's punishment if he does not commit a similar
crime for two years. The verdict remained under appeal at year's end.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly; however, the
Government restricted this right in practice. Significant prior
notification to authorities is required for a gathering, and
authorities may restrict meetings to designated sites.
The HRF reported that security forces killed seven persons during
demonstrations, and there were reports that police beat, abused,
detained, or harassed some demonstrators during the year.
The Ministry of Interior reported that police detained 3,119
persons involved in demonstrations through October. These detentions
varied in length from several hours to several days.
Approximately 180 public events around the country celebrating the
Nevruz holiday in March were generally peaceful. Some organizers
applied for permission to celebrate on March 22, instead of March 21,
so participants would not miss work. However, a mayoral decision in Van
permitted the celebration to occur only on March 21. During an
initially peaceful protest against the decision on March 22, police
shot and killed one person and injured 155 after the crowd did not
abide by police requests to disperse. Police also killed one
demonstrator during protests against a similar decision by Yuksekova
officials. According to one public official, security forces killed two
demonstrators, injured 187 others, and detained 653 persons during
Nevruz demonstrations throughout the country.
On May 1, police used excessive force to prevent labor unions and
other civic organizations from gathering in Taksim Square to mark the
31st anniversary of ``Bloody Labor Day,'' when over 30 persons were
killed in the square after gun shots into the crowd from an unknown
source prompted a stampede. Istanbul's governor denied permits for use
of the square for the demonstrations, but unions associated with the
Revolutionary Workers' Unions publicized their intention to hold them
anyway. On the morning of May 1, police besieged the headquarters of
the Revolutionary Workers' Union and fired tear gas as members prepared
for the event, and the union president decided not to march to Taksim
in order to minimize injuries. Police also fired tear gas into a
children's hospital near Taksim Square and used water cannons, batons,
and tear gas to disperse demonstrators, including journalists covering
the event. One journalist suffered a broken arm. Istanbul's governor
announced that police detained 530 persons, although many were released
the same evening. Six police officers and 32 civilians were injured.
There were no reported trials resulting from the May 1 incident.
In late August the Sinop Governorate banned Ecotopia, an
international camp for environmentalists, on the grounds that its
antinuclear protests disturbed the peace and harmed the image of the
city. Environmentalists protested the decision and police detained 32
protestors.
On September 18, a Diyarbakir court sentenced one demonstrator,
Abdullah Gurgen, to one year in prison for chanting pro-PKK slogans
during a rally in Siirt. The court later postponed the punishment and
prohibited him from participating in demonstrations for one year.
In 2006 the first session of a case against 54 police officers
began for alleged use of excessive force during a 2005 international
Women's Day demonstration in Istanbul. The case was ongoing at year's
end.
Freedom of Association.--The law provides for freedom of
association; however, there continued to be several restrictions on
this right in practice.
Under the law persons organizing an association do not need to
notify authorities beforehand, but an association must provide
notification before interacting with international organizations or
receiving financial support from abroad, and must provide detailed
documents on such activities. Representatives of associations said this
placed an undue burden on their operations.
On November 28, the Supreme Court of Appeals overturned an Istanbul
court's decision ordering the closure of the lesbian, gay, bisexual,
and transgender solidarity organization, Lambda Istanbul. On May 29,
the Istanbul court had ruled that Lambda Istanbul's objectives violated
Turkish ``moral values and family structure,'' justifying its closure.
According to the Third Sector Foundation of Turkey, an advocacy
NGO, the criteria for NGOs to obtain public benefit status that
entitles them to certain tax exemptions were restrictive and
complicated. Applications for public benefit status must be approved by
the Council of Ministers. The law does not allow applicants to appeal
if their petitions are rejected.
c. Freedom of Religion.--The constitution and laws provide for
freedom of religion, and the Government generally respected this right
in practice; however, the Government imposed significant restrictions
on Muslim and other religious groups.
The constitution establishes the country as a secular state and
provides for freedom of belief, freedom of worship, and the private
dissemination of religious ideas; however, other constitutional
provisions regarding the integrity and existence of the secular state
restrict these rights.
The Government oversees Muslim religious facilities and education
through its Directorate of Religious Affairs (Diyanet), which is under
the authority of the Prime Ministry. The Diyanet regulates the
operation of the country's 77,777 registered mosques and employs local
and provincial imams, who are civil servants. A few groups,
particularly Alevis, claimed that the Diyanet reflected mainstream
Sunni Islamic beliefs to the exclusion of other beliefs; however, the
Government asserted that the Diyanet treated equally all who request
services.
Academics estimated the Alevi population at 15 to 20 million,
including ethnic Turks, Kurds, and Arabs. In general, Alevis follow a
belief system that incorporates aspects of both Shia and Sunni Islam
and draws on the traditions of other religions found in Anatolia as
well. The Government considers Alevism a heterodox Muslim sect;
however, some Alevis and absolutist Sunnis maintain that Alevis are not
Muslims.
Alevi ``cem houses'' (places of gathering) have no legal status as
places of worship in the state. However, two municipalities ruled that
Alevi cem houses are considered places of worship. On September 3, the
Kusadasi municipal assembly voted unanimously to consider a cem house
as a temple. In October the Tunceli municipal assembly voted
unanimously to provide temple status to cem houses. Both assemblies
included members from major parties, who voted also to apply mosque
tariffs to the cem houses' utility charges as part of efforts to
improve relations with the Alevi community.
In 2006 authorities in the Sultanbeyli municipality of Istanbul
reportedly banned the construction of a cem house on the grounds that
the Pir Sultan Abdal Association, an Alevi group, had not acquired the
necessary construction permits. Association officials said the local
mayor and his staff had attended the groundbreaking ceremony and
promised not to interfere with the project. The municipality filed a
case against the association after it proceeded with construction
following the ban; in January 2007 the court decided in favor of the
municipality. The municipality had not demolished the cem house at
year's end.
During the year the Government took initial steps to recognize and
address the concerns of the Alevi population. The minister of culture
and tourism participated in the December 23 opening ceremony of an
independent, autonomous Alevi Academic and Cultural Institute during
which he officially apologized for the past treatment of Alevis.
Mystical Sufi and other religious-social orders (tarikats) and
lodges (cemaats) are officially prohibited; however, tarikats and
cemaats remained active and widespread. Many prominent political and
social leaders continued to associate with these religious-social
orders, lodges, and other Islamic societies.
A separate government agency, the General Directorate for
Foundations (GDF), regulated a few administratively critical activities
of non Muslim religious groups and their affiliated churches,
monasteries, synagogues, and related religious property. There were 161
``minority foundations'' recognized by the GDF, including Greek
Orthodox foundations with approximately 74 sites, Armenian Orthodox
foundations with approximately 50 sites, and Jewish foundations with
approximately 20 sites, as well as Syrian Christian, Chaldean,
Bulgarian Orthodox, Georgian, Protestant, and Maronite foundations. The
GDF also regulated Muslim charitable religious foundations, including
schools, hospitals, and orphanages.
In July 2007, the Jehovah's Witnesses received a letter of
certification confirming their official registration as the
``Association for the Support of Jehovah's Witnesses.'' However, due to
their stance as conscientious objectors to military service, they
continued to face difficulties. According to Jehovah's Witnesses
officials, harassment of their members included arrests, court
hearings, verbal and physical abuse, sleep deprivation, strip searches,
and psychiatric evaluations by security forces. At year's end, members
of Jehovah's Witnesses had three applications pending with the ECHR
that alleged government mistreatment, and they also continued to appeal
restrictions on worship at four kingdom halls based on zoning laws.
Religious affiliation is listed on national identity cards. A few
religious groups, such as the Baha'i, are unable to state their
religion on their cards because it is not included among the options;
they have expressed their concerns to the Government. In 2006
parliament adopted legislation allowing persons to leave the religion
section of their identity cards blank or change the religious
designation by written application. However, the Government reportedly
continued to restrict applicants' choice of religion; members of the
Baha'i community stated that government officials had told them that
despite the new law, they would still not be able to list their
religion on the cards.
Some members of the military, judiciary, and other branches of the
bureaucracy continued to wage campaigns against what they labeled
proponents of Islamic fundamentalism. These groups viewed religious
fundamentalism as a threat to the secular state. The National Security
Council categorized religious fundamentalism as a threat to public
safety.
According to the human rights NGO Mazlum-Der and other groups, a
few government ministries have dismissed or barred from promotion civil
servants suspected of antistate or Islamist activities. Reports by
Mazlum-Der, the media, and others indicated that the military
periodically dismissed religiously observant Muslims from military
service. Such dismissals were based on behavior that military officials
believed identified these individuals as Islamic fundamentalists, which
they were concerned could indicate disloyalty to the secular state.
There were some reports that officers in governmental ministries faced
discrimination because they were not considered by their supervisors to
be sufficiently observant of Islamic religious practices.
According to Mazlum-Der, the military charged individuals with lack
of discipline for activities that included performing Muslim prayers or
being married to women who wore headscarves. According to the military,
officers and noncommissioned officers were periodically dismissed for
ignoring repeated warnings from superior officers and maintaining ties
to what the military considered to be Islamic fundamentalist
organizations. In August the Government reported no military
dismissals, however in its December session it issued 24 dismissals,
five of which pertained to alleged Islamic fundamentalism.
The Government did not recognize the ecumenical status of the Greek
Orthodox Patriarch, acknowledging him only as the head of the country's
Greek Orthodox community. As a result, the Government has long
maintained that only citizens of the country could become patriarch,
serve as members of the Greek Orthodox Holy Synod, and participate in
patriarchal elections. Nevertheless, officials did not respond to the
ecumenical patriarch's appointment of six non-Turkish metropolitans to
the Holy Synod in 2004. Members of the Greek Orthodox community
asserted that these restrictions threatened the survival of the
patriarchate in Istanbul, because, with a dwindling population of no
more than 3,000 Greek Orthodox persons in the country, the community
was becoming too small to maintain the institution. In January Prime
Minister Erdogan stated that the Greek Orthodox Patriarch's use of the
title ``ecumenical'' should not be a matter on which the state should
rule. In December the Ministry of Foreign Affairs provided one-year
visas for foreign clergy working at the Ecumenical Patriarchate.
Previously, such clergy had to leave and return every three months to
obtain new tourist visas.
The law restricts religious services to designated places of
worship. Municipal codes mandate that only the Government can designate
a place of worship; if a religious group has no legal standing in the
country, it may not be eligible for a designated site. Non-Muslim
religious services, particularly for groups that did not own property
recognized by the GDF, often took place on diplomatic property or in
private apartments. Unlike in 2007, police and prosecutors did not take
steps to prevent or punish such gatherings.
Many local officials continued to impose standards on churches,
such as minimum space requirements, that are not imposed on mosques. In
numerous incidents, the Protestant community faced the requirement of
having to purchase 2,500 square meters of land in order to construct a
church, no matter the size of the congregation. Protestant
representatives also faced severe difficulty in receiving the legally
required municipal approval to build churches in centrally-located
areas.
The Ecumenical Patriarchate in Istanbul continued to seek to reopen
the Halki seminary on the island of Heybeli in the Sea of Marmara. The
seminary was closed in 1971, when the patriarchate chose not to fulfill
a government requirement for all private institutions of higher
learning to nationalize. The patriarchate found it impossible to comply
with the order. Under existing restrictions, religious communities
other than Sunni Muslims cannot legally train new clergy in the country
for eventual leadership. Coreligionists from outside the country have
been permitted to assume leadership positions in a few cases, but in
general all religious community leaders, including patriarchs and chief
rabbis, must be citizens.
In August three muhtars (the lowest level of non-partisan elected
official with limited authority) in Midyat filed a criminal complaint
with a local prosecutor against the Syriac Saint Gabriel Monastery
alleging it illegally appropriated territory by building a wall. On
September 4, a Cadastre court ruled against the monastery and reclaimed
all but 30 percent of the monastery's lands. Official papers from the
1950s documented the provincial administrative board's approval of the
monastery's borders. The monastery does not have legal status and is
represented by a foundation established during the Ottoman Empire. The
foundation applied to the ECHR, and three related cases were also
pending before the ECHR at year's end.
On December 16, the ECHR issued two judgments against the
Government for violating the property rights of two Armenian
foundations in cases pertaining to properties they formerly owned. The
Samatya Surp Kevork Armenian Church, School and Cemetery Foundation and
the Yedikule Surp Pirgic Armenian Hospital Foundation brought cases to
the ECHR after Turkish courts ruled that the foundations' charters did
not give them the right to acquire immovable property.
No law explicitly prohibits proselytizing or religious conversions;
however, many prosecutors and police regarded proselytizing and
religious activism with suspicion. Police occasionally prevented
Christians from handing out religious literature. Christians performing
missionary work were occasionally beaten and insulted. Police officers
sometimes reported students who met with Christian missionaries to
their families or to university authorities.
Several foreigners who were practicing Christians and had lived
with their families in various cities for many years, reported
governmental harassment during the year, including denial of residence
and work permits that had been granted in previous years, monitoring by
Jandarma, and receiving threats to themselves and their families. These
persons reported that they worshiped in their homes but did not
proselytize by distributing Bibles, going door-to-door, or undertaking
similar activities.
Authorities continued to enforce a long-term ban on wearing
headscarves at universities. Unlike in 2007, there were no reports of a
similar enforcement for civil servants who worked in public buildings.
Students who wore head coverings were not permitted to register for
classes, although some faculty members permitted students to wear head
coverings in class. Some wore wigs instead. In February the parliament
passed constitutional amendments designed to lift the ban on wearing
headscarves on university campuses. On June 5, the Constitutional Court
ruled that amendments intended to permit the wearing of headscarves in
universities violated the secular nature of the state and were
therefore unconstitutional.
In 2006 attorney Alparslan Arslan opened fire in the Council of
State, responsible for a ruling earlier that year preventing the
promotion of a nursery school teacher who wore the Islamic headscarf
outside of the classroom. Arslan killed Judge Mustafa Yucel Ozbilgin
and injured four other judges; his trial was ongoing at year's end. The
Ergenekon indictment mentioned the case and alleged Arslan was involved
with the Ergenekon group.
The law establishes eight years of compulsory secular education,
after which students may pursue study at imam hatip (Islamic preacher)
high schools. Imam hatip schools were classified as vocational, and
graduates of vocational schools faced an automatic reduction in their
university entrance examination grades if they applied for university
programs outside their field of high school specialization. This
reduction effectively barred imam hatip graduates from enrolling in
university programs other than theology. Most families that enrolled
their children in imam hatip schools did so to expose them to more
extensive religious education, not to train them as imams.
The constitution establishes compulsory religious and moral
instruction in primary and secondary schools. Religious minorities are
exempted. However, a few religious minorities such as Protestants faced
difficulty obtaining exemptions, particularly if their identification
cards did not list a religion other than Islam. The Government claimed
that the religion courses covered the range of world religions;
however, religious minorities asserted the courses reflected Sunni
Islamic doctrine, which they maintained explained why non-Muslims were
exempt.
Many Alevis alleged discrimination in the Government's failure to
include any of their doctrines or beliefs in religion courses. In
October 2007 the ECHR ruled in favor of an Alevi parent who in 2004
filed a suit claiming the mandatory religion courses violated religious
freedom. Since then, the Government added 10 pages of an overview of
the Alevi belief system to the textbook for the final year of religious
and moral instruction. In August and September, Alevi organizations
protested what they perceived to be the Government's insufficient
solution.
In March the Council of State ruled in favor of an Alevi couple who
requested that their son be exempt from the religion course at school
in two different cases.
Officially recognized minorities may operate schools under the
supervision of the Ministry of Education. The curriculum of these
schools included Greek Orthodox, Armenian Orthodox, and Jewish
instruction.
Only the Diyanet is authorized to provide Koran courses outside of
school, although unofficial clandestine private courses existed.
Students who complete five years of primary school may enroll in
Diyanet Koran classes on weekends and during summer vacation. Only
children older than 12 may legally register for official Koran courses,
and Mazlum-Der reported law enforcement authorities often raided
illegal courses for younger children. According to Diyanet figures,
there were nearly 5,000 official Koran courses throughout the country.
Numerous religious groups, particularly the Greek and Armenian
Orthodox communities, have lost property to the Government and
continued to fight ongoing government efforts to expropriate
properties. Many such properties were lost because the law allows the
GDF to assume direct administration of properties that fall into disuse
when the size of the local non-Muslim community drops significantly.
The Government expropriated other properties that were held in the name
of individual community members who emigrated or died without heirs.
The GDF also took control of non-Muslim foundations after the size of
the non-Muslim community in a particular district dropped below the
level required to elect foundation board members.
The law allows the 161 minority foundations recognized by the GDF
to acquire property, and the GDF has approved 365 applications by non-
Muslim foundations to acquire legal ownership of properties. A February
amendment to the law facilitated the return of expropriated minority
foundation properties; however, it does not account for properties that
have been sold to third parties or to those expropriated when the
associated foundations have been taken under government control. These
conditions applied to the majority of expropriated Greek Orthodox
properties.
On July 8, the ECHR ruled that the country had violated the
Ecumenical Patriarchate's property rights to a former orphanage on
Buyukada Island.
The law has no provisions to accommodate those who conscientiously
object to military service.
On June 2, an Istanbul court sentenced conscientious objector Halil
Savda to six months in prison for distancing the public from completing
compulsory military service. Savda already served sentences of 20
months and five months for refusing to wear a military uniform and to
shave a beard he maintained due to his religious beliefs.
In December, a military court acquitted Mehmet Bal of charges of
disobeying orders and desertion after completing nine of 15 months of
compulsory service. Bal insisted he was a conscientious objector.
On October 11, Ahmet Karayay was arrested in Ankara for announcing
his status as a conscientious objector in a public square. Karayay was
released pending the trial, which continued at year's end.
Societal Abuses and Discrimination.--Reports of attacks on persons
practicing Christian faiths dropped. Authorities took measures during
the year to implement a June 2007 Ministry of Interior circular to
governors requesting action to prevent violence against non-Muslims.
Non-Muslims in Ankara, Izmir, and Trabzon reported that police took
extra security measures during special religious services.
On January 25, there were reports that five youths stoned the Izmit
branch of the Istanbul Protestant Church Foundation, causing material
damage. Later in January the foundation's Christian Turkish
administrator in Istanbul received a threat from a citizen who had
recently attended services at the church.
In February a 17-year-old youth was arrested and charged with
threatening the leader of Agape Church in Samsun. The suspect was
arrested for making similar threats in January 2007 but was released
and reportedly continued to threaten the church.
On April 14 and 15, unidentified youths stoned the building of a
Protestant congregation in the Derince district of Kocaeli for two
nights in a row, breaking most of the windows. Security police were
posted at the building after the incident, but there were no reports of
associated arrests or investigations by year's end.
In March 2007 a hand grenade was thrown into the courtyard of the
house of the president of the Syriac Churches Foundation in Mardin's
Midyat district. Police opened an investigation after the incident, but
there were no reports of an arrest or a court case by year's end.
On December 29, an Izmir court sentenced Ramazan Bay, who stabbed
and injured Priest Adriano Francini in December 2007 in Izmir, to five
years' imprisonment, but later reduced it to four years and two months
for good behavior. He also was sentenced to an extra five months and a
375 lira (approximately $287) fine for carrying a switchblade.
The trial of 11 youths alleged to have killed three members of a
Protestant church in Malatya in April 2007, including a German citizen,
continued at year's end. The victims were found in the office of a
company that publishes books on Christianity; police caught four
suspects as they tried to leave the building, while a fifth jumped out
of the window and was hospitalized. A total of 11 suspects were charged
in connection with the killings, five of whom remained in custody as
the investigation continued. The trial began in November 2007. Five
defendants faced multiple life sentences for murder and terrorist acts
and another two were charged with assisting in the planning of the
murders. Judges and lawyers for the case suggested there were possible
links to the ongoing Ergenekon case. In August the prosecuting
attorneys requested the Ergenekon file from an Istanbul court.
In February one of the attorneys representing the families of the
Malatya victims filed a complaint with the Ankara public prosecutor's
office regarding threats he had received and suspicions that his e-mail
and telephone calls were being monitored and used to manipulate
information to discredit him. Authorities subsequently provided him
protection.
In November 2007 security officials thwarted a planned attack on a
priest at St. Paul's Church in Antalya. The officials had been
investigating suspect Murat T. for his ties to other crimes when they
discovered a telephone conversation in which he declared his intent to
kill the priest. He remained under arrest at year's end for his alleged
involvement in five cases of arson and was transferred to be tried in a
military court for having evaded military service, although by year's
end, there were no reports of charges related to the planned attack on
the priest.
In 2006 a Catholic priest in Samsun was attacked and suffered knife
wounds. Authorities announced that, prior to the attack, the assailant,
who was later arrested, had filed complaints against the priest for
``Christian propaganda.'' During the trial, which was ongoing at year's
end, prosecutors requested the assailant be hospitalized after he
reportedly was diagnosed with chronic schizophrenia.
Members of the Syriac community reported that Syriacs who were
forced to leave their southeastern villages during PKK-related violence
in the 1980s and 1990s faced fewer problems when attempting to return
to their villages. Previously, local villagers, particularly village
guards, often occupied the homes of Syriacs who fled and refused to
leave when the Syriacs attempted to return. However, the implementation
of zoning laws at times resulted in the loss of 40 to 50 percent of the
properties of individual Syriacs living in villages in the southeast.
Many Muslims, Christians, Jews, and Baha'is faced societal
suspicion and mistrust. Jews and Christians from most denominations
freely practiced their religions and reported little discrimination in
daily life. However, religious minorities asserted they were
effectively blocked from careers in state institutions.
A variety of newspapers and television shows continued to feature
anti-Christian and anti-Jewish messages, and anti-Semitic literature
was common in bookstores.
The Jewish community numbered approximately 23,000. During the year
there were continued reports of anti-Semitic language in newspapers and
Web sites, as well as of continued societal antagonism and
discrimination.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation; however, at times the Government limited these rights in
practice. The law provides that a citizen's freedom to leave the
country could be restricted only in the case of a national emergency,
civic obligations (e.g., military service), or criminal investigation
or prosecution. The Government maintained a heavy security presence in
the southeast, including numerous roadway checkpoints. The Government
generally cooperated with the UNHCR and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees (recognized as such with certain
geographical limitations), returning refugees, asylum seekers awaiting
resettlement to third countries, stateless persons, and other persons
of concern.
In September the Constitutional Court annulled the legislative
arrangement authorizing the Council of Ministers to implement
``compulsory settlement'' upon the suggestion of the National Security
Council. The court based its decision on Article 23 of the
constitution, which forbids any limitation on the freedom of residence
except for the purpose of preventing offenses, promoting social and
economic development, ensuring sound and orderly urban growth, and
protecting public property. The verdict specified that a village cannot
be evacuated due to national security.
The law prohibits forced exile, and the Government did not employ
it.
Internally Displaced Persons (IDPs).--Various NGOs estimated that
there were from one to three million IDPs in the country from the PKK
conflict, which began in 1984, continued at a high level through the
1990s, and continued during the year. The Government reported that
368,360 citizens from 62,448 households migrated from the southeast
during the conflict, with many others departing before the fighting. In
2006 Hacettepe University released the results of a study commissioned
by the Government which concluded that an estimated 953,680 to
1,301,200 persons were displaced by conflict in the southeast between
1986 and 2005. The study found that the main reason for the large
discrepancy between government and NGO figures was that the Government
only included persons evacuated by the security forces from
settlements, and not those who were forced to flee because of general
violence or for a combination of security and economic reasons. The
study also noted that internal displacement in the country is part of a
broader rural-to-urban migration by individuals seeking economic
opportunity, exacerbated by the violence in the southeast, and has been
affected by large-scale development projects, such as the Southeastern
Anatolia Project, and natural disasters.
The law to compensate IDPs allows persons who suffered material
losses during the conflict with the PKK to apply for compensation. In
May 2007 parliament extended the duration of the law so that applicants
could apply for compensation through May. Human Rights Watch (HRW)
reported in 2006 that the law was being implemented in a way contrary
to the Government's stated purpose and principles of fair and
appropriate redress. According to HRW, rulings by provincial
commissions charged with the law's implementation were inadequate and
hindered those IDPs who would like to return to their preconflict
homes. HRW also found that IDPs had no avenue of appeal. These findings
mirrored those of local NGOs and regional bar associations, which
maintained that the law included unreasonable documentation
requirements and awarded levels of compensation far below standards
established by the ECHR. A representative from the Ministry of Interior
denied that the Government has implemented the law unfairly.
The Ministry of Interior reported that the review commissions had
received a total of 278,165 applications for compensation under the law
through December. The commissions have processed 97,579, approving
66,563 and rejecting 31,016. The Government paid total compensation in
the amount of 351 million lira ($294 million), an average of 16,000
lira ($13,400) per person.
According to the Turkish Economic and Social Studies Foundation
(TESEV), the law only compensates losses suffered after 1987, leaving
out victims who suffered losses between 1984, when the clashes started,
and 1987. TESEV reported that many victims who fled the region because
of the deteriorating economic and security situation have been unable
to receive compensation because they could not demonstrate a direct
link between their losses and the actions of either the PKK or the
security forces. HRW reached the same conclusion in its 2006 report, in
which it noted that the Government has unjustly refused to compensate
those villagers in the southeast region displaced prior to 1987.
In September a provincial damage assessment commission in Mardin
reached a verdict on 30 cases opened in 2004 under the compensation
law. A total of 91 villagers had originally appealed for compensation
for losses suffered; many of the applicants were disappointed because
they were unable to provide what the commission considered adequate
legal evidence of ownership such as photos and tax records. The court
also required approval from the husbands of female applicants.
There was no information at year's end on the status of the
administrative complaint filed in August 2007 with the Siirt
governorship after Jandarma and village guards forced a group of
villagers to leave their homes after the military declared a ``special
security zone'' in the area. The villagers and their belongings had
been forcibly removed, and their access to crops and services in the
village was blocked. There were some reports for residents that the
situation generally improved during the year.
Voluntary and assisted resettlements were ongoing. In a few cases,
persons could return to their former homes; in other cases, centralized
villages were constructed. (The Government reported that, as of
September 7, its Return to Village and Rehabilitation Project and
compensation law had facilitated the return of 151,469 persons from
25,001 households to their villages).
Foreign governments and national and international human rights
organizations continued to criticize the Government's program for
assisting the return of IDPs as secretive and inadequate.
Protection of Refugees.--The law provides for freedom of movement
within the country, foreign travel, emigration, and repatriation, and
the Government generally respected these rights in practice.
An administrative regulation provides for the granting of asylum or
refugee status in accordance with the 1951 UN Convention relating to
the Status of Refugees and its 1967 protocol. However, the country
ratified the 1967 protocol subject to a geographic limitation, and
therefore accepts its obligations only with respect to refugees from
Europe. The Government has not established a formal system or
legislation for providing protection to refugees. The Interior Ministry
conducted a parallel refugee status determination process subsequent to
UNHCR's, sometimes affirming UNHCR's decisions. Refugees who were
granted status by UNHCR but not affirmed by authorities were not
granted exit permission for resettlement flights.
The Government provided temporary protection to individuals who may
not qualify as refugees under the 1951 convention and the 1967
protocol, including individuals of non-European origin. According to
the Ministry of Interior, during the year the Government provided
temporary protection to 7,584 foreigners referred by UNHCR for
resettlement to a third country. Refugees were not authorized to work
in the country and needed permission from Ministry of Interior
authorities to travel to Istanbul or Ankara, including for meetings
with UNHCR or resettlement agencies.
The Government requires that refugees who have no durable solution
in the country obtain exit permission before departing for resettlement
in third countries. One obstacle to exit permission is the residence
permit fee of 273 lira ($209) that regulations require refugees to pay
every six months. If the fees are not paid on time each six months,
back fees must be paid in full before the refugees can depart, and a
late fine is also assessed. In some cases, families have been charged
thousands of dollars in residence fees and late fines before being
allowed to depart the country.
In most cases the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. By October, 790 persons of interest to the
UNHCR were deported from the country. Eighty-five of these were
recognized as refugees or asylum seekers, while the UNHCR was not given
access to interview the remaining 708 although the individuals had
informed the UNHCR that they wished to seek asylum. Authorities
returned 22 of the UNHCR-recognized refugees and asylum seekers to a
home country where the individuals feared persecution or serious human
rights abuses. Some of these individuals had already been accepted for
resettlement to a third country, but were returned before they could be
resettled. Another 298 persons who had informed the UNHCR that they
wished to seek asylum were returned to a home country where they feared
persecution before receiving a UNHCR refugee status determination.
In April at least two Iranian citizens who were UNHCR-recognized
refugees died after being forced by Jandarma to cross a dangerous river
on the country's border with Iraq. In June Jandarma dropped three other
Iranian asylum seekers at the Iranian border during the night and
allegedly threatened them if they returned to the country. A few days
later two of them returned to Van and reported that the third had
fallen into a pool of water and broken his leg, and they had left him
in order to go find help. That individual's fate was unknown at year's
end.
In July Jandarma attempted to deport to Iran three Iranian citizens
who were UNHCR-recognized refugees and former residents of Camp Ashraf
in Iraq, through an official border crossing. However, when Iranian
border officers refused to accept them, authorities took the
individuals to a detention center in Van, where they remained at year's
end. Another 24 Iranians who had been recognized as refugees by the
UNHCR during their stay at Camp Ashraf in Iraq were also deported to
Iraq the end of the year.
On September 12, 22 Uzbekistan citizens, who had earlier been
recognized as refugees by the UNHCR in Iran but later came to Van
seeking resettlement to a third county, were deported to Iran. The
refugees were rounded up without notice and taken to an unmarked,
mountainous portion of the border and forced to walk into Iran. The
group included women and children, who were also forced to walk across
the mountains under dangerous conditions. Later, the same group paid
Iranian smugglers $5,000 to bring them back across the unmarked boarder
to reach Van on September 23. The UNHCR formally approached authorities
requesting that the refugees be granted temporary asylum in the
country, as they presented credible documentation showing they had
reason to fear refoulement to Uzbekistan if they returned to Iran. On
October 13, all 22 of the refugees, along with another family of three
Uzbekistan citizens who had filed a stop-deportation petition with the
ECHR in September, were re-deported to Iran.
In August 2007, Pejman Piran, brother of jailed Iranian activist
Peyman Piran and a UNHCR-recognized refugee slated for resettlement to
a third country, was deported to Iraq with four other Iranian refugees
who had been living in Van. The ECHR issued a decision to stop the
deportation that month, but Piran and the other four refugees had
already been taken to Iraq. As Piran was later resettled to a third
country, the ECHR case against the country was dropped during the year.
The country's statement to the court claimed that the deportation did
not violate the European Convention on Human Rights because the
individuals' asylum claims had been rejected by competent authorities,
and because they were deported to Iraq rather than Iran.
Iraqi citizens were generally able to obtain tourist visas upon
arrival at airports in the country. However, some foreigners, including
Iraqis, transiting the country on their way to Europe were returned to
their countries of origin when immigration authorities determined they
might seek asylum in Europe. According to the UNHCR, during the year a
group of 600 Afghan citizens were returned to Afghanistan from Batman
by plane. UNHCR had been informed that some of the individuals in this
group had wished to apply for asylum in the country, but the UNHCR was
not granted access to them before they were deported.
Illegal migrants detained when found near the country's eastern
border areas were more likely to be questioned about their asylum
status and referred for processing than those caught while transiting
or attempting to leave the country from other locations. However,
access to the national procedure for temporary asylum was hindered by
the lack of reception facilities for groups of interdicted migrants,
potentially including asylum seekers, and a lack of interpreters to
assist security officials.
The law does not have a strict time limit for asylum seekers or
require them to present a valid identity document. The law also
stipulates a waiver of residence permit fees for asylum seekers in
``humanitarian situations.'' Despite this, the International
Organization for Migration (IOM) reported that during the year some
refugees were charged fines for late registration before being
authorized to travel to Istanbul in order to leave the country for
their countries of resettlement. Nearly 700 refugees scheduled for
resettlement, including a family whose two children have Down's
syndrome, missed their flights for this reason and were still in the
country at year's end. In 2006 the Government also issued an
implementation directive that provided detailed guidance on the refugee
status determination procedure and established a framework for the
provision of assistance to asylum seekers and refugees.
The UNHCR reported that it was able to successfully intervene in
most cases where asylum seekers arrived lawfully in the country after
transiting through one or more other countries. However, UNHCR access
to persons in detention who wished to apply for asylum, to individuals
who had stowed away on ships and wished to apply for asylum, as well as
to persons trying to seek asylum while they were at the international
areas of the country's airports, remained problems.
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 a few
political parties and leaders.
Elections and Political Parties.--The 2007 parliamentary elections
were held under election laws that the 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
criticized the 10 percent threshold as unduly high.
The OSCE noted in its observation report following the 2007
elections that, despite a comprehensive legal framework for elections,
political campaigning, and in a broader context, freedom of expression,
were constrained by a number of laws that created the potential for
uncertainty and scope for arbitrary interpretation. The OSCE also noted
the positive efforts made to enhance the participation of citizens of
Kurdish origin in political life. However, the law continues to
prohibit the use of languages other than Turkish in the election
campaign.
In a polarized political climate leading up to the 2007
presidential and parliamentary elections, the military issued three
statements emphasizing concern over what it regarded as deep threats
posed by religious fundamentalism, the military's role as the ultimate
defender of secularism, and the alleged weakening of secularism in the
country. Human rights groups characterized these statements as attempts
to exert pressure on the democratic process that were suggestive of the
military's disproportional influence over politics. In a November
report, the European Commission noted that the military ``continued to
exercise significant political influence via formal and informal
mechanisms.''
Political parties and candidates could freely declare their
candidacy and stand for election. The High Court of Appeals chief
prosecutor could only seek to close political parties for
unconstitutional activities by bringing a case before the
Constitutional Court. The November progress report by the European
Commission noted that the closure cases during the year against two
political parties illustrated that legal provisions on political
parties ``do not provide political actors with an adequate level of
protection from the state's interference in their freedom of
association and freedom of expression.''
In March the country's chief prosecutor filed a case against the
AKP to close the party, claiming that it had become a ``center of
antisecular activities.'' According to the constitution, ``the
activities of political parties shall not be in conflict with.the
principles of the democratic and secular republic.'' While the
prosecutor acknowledged that the AKP's program and its written statutes
were not unconstitutional, the indictment charged that AKP had ``in
actions and verbal statements acted against laws and the
constitution.'' On July 30, the Constitutional Court decided not to
close the ruling party. While six judges voted for closure, the
constitution requires that at least seven judges vote in favor of
banning for a party to be closed. The 11-member court instead agreed to
halve the party's state funding.
On October 17, a Diyarbakir court sentenced suspects Firat Karahan
and Vevsi Akgonul to life imprisonment and Mustafa Kemal Ok to six
years and three months' imprisonment for complicity in the murder of
former HADEP (People's Democracy Party) vice chair Hikmet Fidan.
Suspect Zeki Peker was acquitted.
DEHAP reconstituted itself as the DTP in 2006; and during the year
the Constitutional Court added the closure case for DTP to the DEHAP
closure case. On September 16, the DTP cochairman, Ahmet Turk, provided
a verbal defense to the Constitutional Court denying any organizational
link between the DTP and the PKK. Since November 2007 the DTP has faced
potential closure and the banning from politics of 221 of its members.
Deliberations in the combined legal case on charges of separatism were
ongoing at year's end.
During the year police raided dozens of DTP offices, particularly
in the southeast, and detained hundreds of DTP officials and members.
During the year prosecutors opened scores of investigations and trials
against DTP members. Police raids on DTP offices in Van and Siirt
provinces resulted in the detention of approximately 50 DTP members
during the year.
Jandarma and police regularly harassed DTP members through verbal
threats, arbitrary detentions at rallies, and detention at checkpoints.
Security forces also regularly harassed villagers they believed were
sympathetic to DTP. Although security forces released most detainees
within a short period, many faced trials, usually for supporting an
illegal organization or inciting separatism.
There were no developments during the year regarding the appeal of
Aydin Budak, the DTP mayor of Cizre. In 2006 Budak was sentenced to one
year and three months in prison for stating in a speech that was aired
on Roj TV that the isolation of Abdullah Ocalan was something
``provocative.''
During the year DTP Erzurum provincial chairman Bedri Firat
continued his appeal of a 2006 conviction. Firat was sentenced to two
years in prison for allegedly issuing propaganda supporting the PKK in
a speech during Nevruz celebrations in which he stated that Kurds were
subject to genocide and praised Abdullah Ocalan.
There were no updates during the year in the 25 open cases against
DTP member Tuncer Bekirhan initiated in 2007.
There were 50 women in the 550-seat parliament. There was one
female minister in the 25-member cabinet.
Although the number was unknown, some minority groups were active
in political affairs. More than 100 members of parliament and senior
government officials, including three ministers, were of Kurdish
origin.
Government Corruption and 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. The World Bank Worldwide Governance Indicators
reflected that corruption slightly decreased during the year, though it
remained a problem.
Opposition party members criticized the ruling AKP for refusing to
lift the immunity of AKP parliamentarians suspected of corruption and
other abuses.
Government officials are required by law to declare their property
every five years.
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 4. 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.
Human rights organizations and monitors, as well as lawyers and
doctors involved in documenting human rights violations, continued to
face detention, prosecution, intimidation, harassment, and formal
closure orders for their legitimate activities. Human rights
organizations reported that official human rights mechanisms did not
function consistently and failed to address grave violations.
The HRA had 34 branches nationwide and claimed a membership of
approximately 14,000. The HRA reported that prosecutors opened dozens
of cases against HRA branches during the year. The HRF, established by
the HRA, operated torture rehabilitation centers in Ankara, Izmir,
Istanbul, Diyarbakir, and Adana and served as a clearinghouse for human
rights information. Other domestic NGOs included the Istanbul-based
Helsinki Citizens Assembly, the Ankara-based Turkish Democracy
Foundation, the Turkish Medical Association, human rights centers at a
number of universities, and Mazlum-Der.
On January 23, authorities arrested HRA Adana branch chief Ethem
Acikalin for being a member of an illegal organization after he
attended an event hosted by the Adana representative of the Rights and
Freedoms Front in December 2007. The event hosted a press conference to
discuss the killing of Kevser Mizrak during a police raid in Ankara
earlier in the month. The prosecution requested 7.5 to 10 years'
imprisonment. Acikalin was imprisoned for 6 months before being
released on bail; the trial continued at year's end.
On February 19, a Diyarbakir court sentenced HRA Siirt branch chief
Vetha Aydin to 15 months in prison for his participation as ``peace
chair'' on ``World Peace Day'' in 2004. The court later postponed the
sentence, but ruled that he should report his whereabouts to
authorities for one year.
On June 12, a court convicted four members of HRA's Canakkale
branch, including its chairman, to 18 months' imprisonment each for
violating the Law on Demonstrations when they organized a ``September 1
World Peace Day'' gathering in 2007. An appeal remained pending at
year's end.
On August 14, police raided DTP's provincial office in Adana. Adana
HRA chapter president Ethem Acikalin went to the DTP office as an
observer joined by the HRA accountant. Police broke the accountant's
arm, and charges were brought against Acikalin for resisting police.
The trial had not begun by year's end.
On December 29, Acikalin stood trial in an Adana court where he
faced two years in prison for propagandizing an illegal organization.
Acikalin was charged after chanting slogans during a December 2007
press meeting commemorating the death of 28 inmates during a military
operation 2000. The trial continued at year's end.
In July 2007 the Government opened a closure case against HRA's
Mersin branch, claiming that the local representatives and members were
involved in activities incompatible with their positions and accusing
them of supporting the interests of ``illegal organizations.'' The case
continued at year's end.
In January 2007 the Istanbul governor's office, with no notice,
froze three bank accounts of the AI branch in the country, worth
approximately 75,000 lira ($62,600). In May 2007 AI filed civil cases
against two local government authorities, the Beyoglu district
governor's office and the Istanbul governor's office, for failing to
respond to AI's administrative queries related to the seizure. In May
2007, the Beyoglu district governor's office issued a decision that AI
had participated in ``unauthorized fund raising.'' The decision did not
specify what AI actions violated the law. In a June 2007 public
statement, AI stated that it does not seek or accept money from
governments or political parties for its work but that its funding
depends on the contributions of its worldwide membership and
fundraising activities, including street fundraising or ``face-to-
face'' activities. The statement noted AI feared the incident could
have been ``a tactic of government harassment intended to impede
legitimate fundraising activities.'' In February the court ordered AI's
accounts to be unfrozen. The governor's office appealed the decision to
the Council of State; the appeal was ongoing at year's end.
The Government generally cooperated with international
organizations such as CPT, the UNHCR, and IOM; however, some
international human rights workers reported that the Government
purposefully harassed them or raised artificial bureaucratic obstacles
to prevent their work.
The Prime Ministry's HRP was authorized to monitor the
implementation of legislation relating to human rights and coordinate
the work of various government agencies in the field of human rights.
Despite lacking a budget and sufficient resources, the HRP carried out
a number of projects with the European Commission and Council of
Europe. On July 2, the HRP released its first annual report on human
rights issues in the country.
During the year the HRP promoted human rights by showing short
films on topics such as freedom of expression, discrimination,
children's rights, and torture. The HRP maintained a free, emergency
human rights hotline called ``Alo 150,'' where individuals could report
information on human rights violations for transmission to the
appropriate government body.
There were provincial human rights councils under the HRP in all 81
provinces and 850 subprovinces. These bodies were established to serve
as a forum for human rights consultations among NGOs, professional
organizations, and the Government. They have authority to investigate
complaints and refer them to the prosecutor's office. However, many
councils failed to hold regular meetings or effectively fulfill their
duties. Human rights NGOs generally refused to participate on the
councils, maintaining that they lacked authority and independence.
The HRP reported that it received complaints of human rights
violations from 206 persons through the end of June. The boards
received 496 complaints of violations during the same period. These
complaints were regarding health services and patient rights (115),
property rights (84), and general human rights complaints (79).
On April 29, the court of appeals ruled that professors Baskin Oran
and Ibrahim Caboglu should be acquitted of a 2005 charge of ``inciting
people to hatred'' and ``openly belittling judicial organs.'' Caboglu
and Oran were the former chair and sub-chair of the Human Rights
Advisory Board (HRAB), an advising body established to link government
bodies and NGOs on human rights issues and provide advice. The HRAB
released a report on minorities and cultural rights in 2005 that
included language the court of appeals found contrary to the legal
principle that there were no minorities in the country, only ``non-
Muslim citizens.'' In its decision, the court, citing the right of
freedom of expression and international law, held that individuals in
democratic nations were entitled to enjoy freedom of expression in its
broadest sense.
Other government human rights bodies included the High Human Rights
Board, an interministerial committee responsible for making
appointments to human rights posts; and a Human Rights Consultation
Board (HRCB), established as a forum for the exchange of ideas between
the Government and NGOs. NGOs found these bodies to have little to no
effectiveness. There was no ombudsman mechanism active during the year,
following the application by then-president Ahmet Necdet Sezer in 2006
to the Constitutional Court to annul legislation establishing one. The
case was pending at year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, religion,
disability, language, or social status; however, the Government did not
enforce these laws effectively. The Government and NGOs focused on
eliminating societal violence and discrimination against women and
minorities, as well as trafficking, but problems continued in these
areas.
Women.--The law prohibits rape, including spousal rape; however,
the Government did not effectively enforce the law. Victims often
waited days or weeks to report incidents for fear of embarrassment or
reprisals, which hindered effective prosecution of assailants. Cases of
rape were underreported.
Violence against women, including spousal abuse, was a serious and
widespread problem. The law prohibits violence against women, including
spousal abuse, but the Government did not effectively enforce it.
Domestic human rights organizations reported that 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.
In October 2007 the governor of Istanbul and the Foundation to
Support Contemporary Life launched a domestic violence hotline financed
by the EU and staffed by operators who screened calls and then
forwarded legitimate calls to police, attorneys, or psychologists.
In January 2007 State Minister for Women and Children's Affairs
Nimet Cubukcu established a hotline to prevent the exploitation of
women, children, persons with disabilities, and senior citizens. From
its inception through November, the hotline received 119,090 calls.
Women's NGOs reported that more than 150,000 women were victims of
domestic violence between 2001 and 2005, the latest period for which
statistics were available. According to the most recent available
government data, there were 646 domestic violence cases brought to
court in 2006, a decrease over previous years. The Institution for
Social Services and Orphanages operated 23 shelters with a total
capacity of 405 for female victims of domestic violence and rape. The
Government reported that provincial government offices, municipalities,
and NGOs operated 38 shelters and that one private foundation operated
a shelter. During the year there was one shelter bed for every 144,000
persons in the country, which observers noted was an inadequate amount
of shelters for towns with populations of more than 50,000.
Persons convicted of honor killings receive life imprisonment. The
Turkish National Police reported 39 honor killings and 9 attempted
honor killings through September 30. The HRP reported there were 53
honor killings in 2007 and 1,000 honor killings between 2003 and July
2008, mainly in conservative Kurdish families in the southeast or among
migrants from the southeast living in large cities. Because of sentence
reductions for juvenile offenders, observers noted that young male
relatives often were designated to perform such killings.
Due to penalties for honor killings, family members increasingly
pressured girls to commit suicide in order to preserve the family's
honor. Between 2005 and 2006, 1,985 women were reported to have
committed suicide or have been killed, according to women's rights
advocacy group AKDER. Government officials worked with advocacy groups
such as KA-MER to hold town hall meetings and set up rescue teams and
hotlines for endangered women and girls.
KA-MER, the leading women's organization in the southeast, reported
that from 2003-07 a total of 198 women from eastern and southeastern
Anatolia contacted it to report that their family had threatened them
with honor killings. Of these cases, three of the women died from
injuries sustained in the attacks, one committed suicide, and 27 were
pressured to commit suicide. The father or husband decided the fate of
the woman in the vast majority of the cases. The report observed that
76 of these ``decision makers'' were illiterate, while 47 had no
education beyond junior high school. Increased education levels
correlated with a drop in the rate of such crimes.
``Disobedience,'' variously defined as refusing to marry the person
the family had chosen, refusing to have sex with a brother-in-law or
father, not agreeing to prostitute oneself, not fulfilling the demands
of male family members, and interrupting man-to-man conversations was
determined to be the most frequent justification of honor killings.
In April, 24 year-old Leyla Gok was beaten to death in Siirt's Eruh
district, apparently on account of an alleged affair she had with a
married man. The woman had returned to her family after living with her
boyfriend for some time. The family reportedly did not take the body
from the hospital, and the victim was buried by municipal officials.
After testimonies, Gok's brother Hayrettin was released and her
boyfriend Sukru Batuhan was detained in connection with the death. The
case continued at year's end.
In November, in the Ceylanpinar district of Sanliurfa in the
southeast, Aysel Cadir was shot and killed by Muslum Bakir, her husband
via an unofficial religious marriage. The victim's mother claimed that
the decision to kill her was made by the husband and his ``family
council.'' Cadir was reportedly three months pregnant. Bakir was in
custody and the case continued at year's end.
According to media reports, Naile Erdas, a 15-year-old from the
southeastern city of Van, was killed by her family in 2006 when she
gave birth to a child conceived during a rape. The girl, who hid her
pregnancy, reportedly begged doctors at a state hospital where she gave
birth not to return her to her family, fearing that she would be killed
in accordance with the local tradition demanding her family's honor be
cleansed. Doctors informed state authorities, but the woman was
ultimately returned to her family. At year's end, six of her relatives,
including Erdas' brother, father, mother, and uncles were under arrest
for the killing.
Prostitution is legal.
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 that both of the laws were rarely enforced.
In October media and observers criticized the release, pending
trial, of a journalist who was accused of raping a 14-year-old girl,
upon the medical examiner's report that the girl's physical and mental
health were ``intact'' following the alleged abuse. Women and
Children's Affairs Minister Cubukcu denounced the report and in
November the Bursa court requested a new report from the Forensic
Medicine Institute.
Under the law women enjoy the same rights as men; however, societal
and official discrimination were widespread. The Directorate General on
the Status and Problems of Women under the State Ministry in Charge of
Family Affairs is responsible for promoting equal rights and raising
awareness of discrimination against women.
Women continued to face discrimination in employment and were
generally underrepresented in managerial-level positions as well as in
government. According to a November report by the European Commission,
the level of women's employment and their political participation
nationally and regionally were low. Women generally received equal pay
for equal work in professional, business, and civil service positions,
although a large percentage of women employed in agriculture and in the
retail, restaurant, and hotel sectors worked as unpaid family labor.
The World Economic Forum reported during the year that women earned 61
percent of what their male counterparts earned for similar work.
Children.--The Government was committed to furthering children's
welfare and worked to expand opportunities in education and health.
While education through age 14 or the eighth grade was free,
universal, and compulsory, only 40 percent of children received a high
school diploma, according to the Organization for Economic Cooperation
and Development and one in 10 girls did not attend compulsory primary
school.
Child abuse was a problem. There were a significant number of honor
killings of girls by immediate family members, sometimes by juvenile
male relatives. There were reports that children were trafficked for
sexual exploitation.
On March 7, a Malatya penal court convicted eight suspects to one
year's imprisonment for neglecting their duties in the alleged torture
and abuse of children at the Malatya state orphanage. The execution of
the punishment was postponed. Two other cases against nine orphanage
employees continued at year's end.
Child marriage occurred, particularly in poor, rural regions;
however, women's rights activists claimed that underage marriage has
become less common in the country in recent years.
The law defines 15 as the minimum age for marriage, although
children as young as 12 were at times married in unofficial religious
ceremonies. In rare instances, families engaged in ``cradle
arrangements,'' agreeing that their newborn children would marry at a
later date, well before reaching the legal age.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; penalties for trafficking in persons are sufficiently
stringent and commensurate with prescribed penalties for other grave
crimes, such as sexual assault. There were media reports that police
corruption contributed to the trafficking problem.
The country was a destination point for women and children
trafficked primarily for the purpose of commercial sexual exploitation.
The Government identified 118 trafficking victims during the year. No
male victims were identified or assisted during the year; in 2007, five
men from Turkmenistan were trafficked for labor exploitation. Women and
girls were trafficked from Moldova, Uzbekistan, Turkmenistan, and other
countries in Eastern Europe and the former Soviet Union. One victim
from Indonesia and one from Morocco were also trafficked during the
year and awaited repatriation at year's end. Most foreign victims were
trafficked for sexual exploitation in Istanbul and Antalya, although
victims were identified in cities throughout the country.
Typically, small networks of foreign nationals and citizens,
relying on referrals and recruitment from friends and family members in
the source country, trafficked foreign victims to the country.
According to local experts and researchers, most victims arrived in the
country knowing they would work in the sex industry but were
subsequently threatened physically or emotionally and trapped. Others
were known to have arrived in the country to work as domestic servants
and exploited in that industry or trafficked into the commercial sex
industry. In some cases it was reported that traffickers continued to
utilize abusive physical force and threats to family members to force
women into prostitution.
Based on preliminary data, in the first six months of the year the
Government prosecuted approximately 100 suspected trafficking
offenders. Under the penal code, the penalties for trafficking include
eight to 12 years' imprisonment and heavy fines. Also based on
preliminary data, in the first six months of the year, the Government
convicted four traffickers. However, approximately 53 additional
traffickers were convicted during the same period under the statutes
prohibiting mediation of prostitution and organized crime. These
convictions averaged three to four years' imprisonment plus fines.
Turkish National Police apprehended 248 suspected traffickers
during the year. In 2007, the last year for which complete statistics
were available, cases were opened on 422 suspected traffickers; 397
suspected traffickers remained under investigation from previous years.
Allegations that police and other government officials participated
in trafficking were reported by the media during the year. According to
press reports, a number of active and retired police officers, some of
senior rank, were arrested, placed under investigation, or recommended
for expulsion for cooperating with trafficking rings. The Government
provided preliminary data showing that 25 security officials were
investigated during the year for possible involvement in trafficking in
persons, a significant increase from the twenty similar investigations
conducted between 2005 and 2007. Most of the investigations were
ongoing at year's end; some of these officials were in prison and
others were free awaiting trial. Three were expelled from service.
An ambassador-level Ministry of Foreign Affairs official serves as
national coordinator for the Government's Task Force on Human
Trafficking, which also includes representatives from the ministries of
health, interior, justice, finance, labor, the Prime Ministry, and from
NGOs, the IOM, and municipalities.
The Government participated actively in international
antitrafficking investigations and met regularly with neighboring
countries and regional groups promoting regional antitrafficking law
enforcement cooperation. The Government has signed bilateral
antitrafficking cooperation memorandums of understanding and protocols
with neighboring source countries, including Belarus, Georgia, Ukraine,
Moldova, and Kyrgyzstan.
There were two NGO-operated shelters for trafficking victims in the
country, located in Ankara and Istanbul. The shelters received free
rent from the municipalities, and the Ministry of Health provided free
medical care to victims in the shelters. Nevertheless, government
financial support for these protection mechanisms was inconsistent. The
lack of consistent government funding threatened the operation of one
shelter, although core services were not impacted. During the year the
Istanbul shelter assisted 57 victims, and through December the Ankara
shelter assisted 28 victims.
The Government encouraged victims to participate in trafficking
investigations and prosecutions; however, most chose to return to their
countries. The Ministry of Justice, through local bar associations,
provided free legal services to foreign victims choosing to remain in
the country and testify against traffickers. Foreign victims identified
by authorities may apply for humanitarian visas to remain in the
country for up to six months and may then apply for renewal for another
six months. The Government had a national referral mechanism, which it
implemented in partnership with the IOM and the shelters, and which
included the voluntary and safe return of victims. The IOM assisted 78
trafficking victims during the year.
The IOM operated a toll-free hotline for trafficking victims that
was answered in Russian, Romanian/Moldovan, English, and Turkish and
that could receive international calls. Sixteen victims were rescued
from trafficking situations through the assistance of the hotline in
the first nine months of this year. On June 30, the Government began a
new antitrafficking public awareness campaign featuring television and
radio advertisements, plus more than 40,000 posters in municipalities
throughout the country, primarily in trafficking hotspots, to promote
the hotline.
Antitrafficking training courses continued to be held in the
country throughout the year. Law enforcement officers, judges, and
prosecutors participated in ``train the trainers'' courses which
focused on countertrafficking skills, such as victim identification and
interviewing.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or in the provision of other state services; the
Government generally enforced the law effectively. The law does not
mandate access to buildings and public transportation for persons with
disabilities. The Presidency Administration for Disabled People under
the Prime Ministry is responsible for protecting the rights of persons
with disabilities.
The Ministry of Health operated eight mental health hospitals in
seven different provinces. There were two private mental health
hospitals in Istanbul. The Government reported that it operated 45
boarding care centers and 22 daycare centers for physically and
mentally challenged individuals. According to the European Commission,
mental health hospitals and rehabilitation centers do not provide
sufficient medical care or treatment.
The NGO Mental Disability Rights International announced that the
Government circulated a notice condemning the use of electroconvulsive
or ``shock'' therapy (ECT) without anesthesia in 2006. A CPT delegation
had reported previously finding ECT being used on patients without
anesthetics or muscle relaxants during a 2005 visit to two state
hospitals, the Bakirkoy Mental and Psychological Health Hospital in
Istanbul and the Adana Mental Health Hospital.
During the year, the NGO Initiative for Human Rights in Mental
Health (IHRMH) ran advocacy campaigns, organized free vocational
trainings, and created monitoring groups to inspect institutions for
compliance with legal and health regulations.
In November IHRMH reported on research conducted in 12 mental
health care centers between June 2007 and October with permission of
the Ministry of Health and Social Services and the Child Protection
Agency. The report cited a need to increase the number of professional
care staff, improve hygienic conditions, vary treatment from only
antipsychotic drugs and antidepressants, and allow for greater freedom
of movement.
On November 6, a clandestinely filmed documentary on the state of
public facilities for children in the country aired in the United
Kingdom. Earlier in the year, Duchess of York Sarah Ferguson used a
disguise to enter and film two care centers for children with mental
and physical disabilities for use in the documentary. The expose showed
children tied to their beds with fabric, and poor caretaking conditions
at Saray Rehabilitation Center in Ankara and Zeytinburnu Center for the
Care of Disabled Children in Istanbul.
National/Racial/Ethnic Minorities.--The law provides a single
nationality designation for all citizens and does not recognize ethnic
groups as national, racial, or ethnic minorities. Citizens of Kurdish
origin constituted a large ethnic and linguistic group. Millions of the
country's citizens identified themselves as Kurds and spoke Kurdish.
Kurds who publicly or politically asserted their Kurdish identity or
publicly espoused using Kurdish in the public domain risked censure,
harassment, or prosecution.
On September 30, ethnic Kurdish resident Murat Aygun reportedly
used a truck to kill two persons and injure six others in the Ayvalik
district of Balikesir Province. The two individuals killed had played
the Turkish national anthem in front of Aygun's home. After the
killings, a crowd attacked Kurdish homes and shops. The governate did
not permit a DTP committee to investigate.
The NGO Minority Rights Group International reported in March that
millions who belonged to ethnic, linguistic, and religious minorities
faced systematic repression and many remained unrecognized. The report
noted that the law is interpreted to protect only three religious
minorities-Armenian Orthodox Christians, Jews, and Greek Orthodox
Christians-and not other ethnic and religious minorities, including
Alevis, Ezidis, Assyrians, Kurds, Caferis, Caucasians, Laz, and Roma.
The report stated that these ``excluded minorities'' were prohibited
from fully exercising their linguistic, religious, and cultural rights
and faced intense pressure to assimilate.
Despite the beginning of TRT pilot broadcasts in Kurdish at year's
end, the Government maintained restrictions on the use of Kurdish and
other ethnic minority languages in radio and television broadcasts and
in publications.
Roma continued to face persistent discrimination and problems with
access to education, health care, and housing. The Government took no
apparent steps during the year to assist the Romani community. The
European Roma Rights Center, Helsinki Citizens Assembly, and Edirne
Roma Culture Research and Solidarity Association conducted a program to
train the Romani community on civil society organization and activism.
Literacy courses for Roma women offered by the Roma Culture and
Solidarity Association of Izmir continued, and the association
celebrated International Roma Day in Izmir.
Beginning on June 3, 500 Roma living in the Sulukule neighborhood
of Istanbul faced destruction of their homes and were relocated outside
of the city due to an urban renewal project sponsored by the
municipality.
The law states that ``nomadic Gypsies'' are among the four
categories of persons not admissible as immigrants.
Other Societal Abuses and Discrimination.--While the law does not
explicitly discriminate against homosexuals, two gay and lesbian rights
organizations, Lambda Istanbul and Kaos GL, claimed that vague
references in the law relating to ``the morals of society'' and
``unnatural sexual behavior'' were sometimes used as a basis for
discrimination by employers. The law also states that ``no association
may be founded for purposes against law and morality.'' This article
has been applied in attempts to shut down or limit the activities of
NGOs working on gay and lesbian issues.
In April, Anadolu University in Eskisehir lifted restrictions
blocking access to the Web sites of Kaos GL, Pembe Hayat, and Lambda
Istanbul from campus computers.
On July 15, 26 year-old Ahmet Yildiz was shot and killed leaving a
cafe in Istanbul. Yildiz had represented the country in an
international gay gathering in San Francisco in 2007. Yildiz's family
disapproved of his homosexuality, and his body remained unclaimed in
the morgue for six days. Yildiz had previously filed a complaint with
the police after receiving threats. Police collected statements from
friends and family, but had not begun an investigation by year's end.
In September a group of transsexuals and transvestites in Istanbul
filed a criminal complaint against several police officers for alleged
mistreatment. The group leader alleged that group members were
arbitrarily detained and released in remote parts of the city.
On November 28, the Supreme Court of Appeals overturned an Istanbul
court decision ordering the closure of the lesbian, gay, bisexual, and
transgender solidarity organization, Lambda Istanbul. On May 29, the
Istanbul court had ruled that Lambda Istanbul's objectives violated
Turkish ``moral values and family structure,'' justifying its closure.
In May 2007 members of the groups Pembe Hayat and Kaos GL protested
at the Esat police station in Ankara. Protestors claimed that
transsexuals and transvestites had been unjustly taken into custody and
faced mistreatment during their detention. Police officers on duty
prevented the protestors from making a press statement during the
demonstration.
In February 2007 Bilgi University students established the
country's first gay and lesbian university club. Approximately 15
parents lodged complaints with the university administration, and the
Turkish Higher Education Council opened an inquiry into the university.
Bilgi's dean of students, Halit Kakinc, responded that closing the club
would violate human rights. The club was operating normally at the end
of the year.
Section 6. Worker Rights
a. The Right of Association.--The law provides most but not all
workers with the right to associate and form unions subject to diverse
restrictions; most workers exercised this right in practice. The
Government maintained a few restrictions on the right of association.
Unions may be established by a minimum of seven persons without prior
permission. There are no restrictions on membership or participation of
individuals or unions in regional, national, or international labor
organizations, but such participation must be reported to the
Government. Labor law prohibits union leaders from becoming officers of
or otherwise performing duties for political parties, from working for
or being involved in the operation of any profit-making enterprise, and
from displaying any political party logos or symbols on any union or
confederation publications. Unions are required to notify government
officials prior to holding meetings or rallies (which must be held in
officially designated areas) and to allow government representatives to
attend their conventions and record the proceedings; these requirements
were usually enforced.
Although official government statistics indicated that 56 percent
of the labor force was unionized, union officials noted that figure
included retirees and others no longer on the active list of unionized
employees. Most labor experts in the country estimated that
approximately 20 percent of the wage and salary workers in the labor
force were unionized.
The law provides for the right to strike; however, the law requires
a union to take a series of steps, including negotiations and
nonbinding mediation, before calling a strike. The law prohibits unions
from engaging in secondary (solidarity), political, or general
(involving multiple unions over a large geographical area) strikes or
in work slowdowns. In sectors in which strikes are prohibited, labor
disputes were resolved through binding arbitration.
The law prohibits strikes by civil servants, public workers engaged
in the safeguarding of life and property, workers in the coal mining
and petroleum industries, sanitation services, national defense,
banking, and education; however, many workers in these sectors
conducted strikes in violation of these restrictions with general
impunity. The majority of strikes during the year were illegal
according to law; while some illegal strikers were dismissed, in most
cases employers did not retaliate.
b. The Right to Organize and Bargain Collectively.--The law and
diverse government restrictions and interference limited the ability of
unions to conduct their activities, including collective bargaining.
Industrial workers and some public sector employees, excluding white
collar civil servants and state security personnel, have the right to
bargain collectively, and approximately 1.3 million workers, or 5.4
percent of the workforce, were under collective bargaining agreements.
The law requires that, in order to become a bargaining agent, a union
must represent 50 percent plus one of the employees at a given work
site and 10 percent of all the workers in that particular industry.
This requirement favored established unions. The International Trade
Union Confederation claimed that the law resulted in workers in many
sectors not being covered by collective agreements.
The law prohibits antiunion discrimination; however, such
discrimination occurred occasionally in practice. If a court rules that
a worker has been unfairly dismissed and should either be reinstated or
compensated, the employer generally pays compensation to the employee
along with a fine.
There are no special laws or exemptions from regular labor laws in
the country's 21 free trade and export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that women, men, and minors were trafficked for commercial
sexual exploitation and for labor.
Some parents forced their children to work on the streets and to
beg.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace;
however, the Government did not effectively implement these laws. The
use of child labor was particularly notable in agriculture, carpentry,
the shoemaking and leather goods industry, the auto repair industry,
small-scale manufacturing, and street sales. The law prohibits the
employment of children younger than 15 and prohibits children under 16
from working more than eight hours a day. At age 15 children may engage
in light work provided they remain in school. The law provides that no
person shall be required to perform work unsuitable for their age,
gender, or capabilities, and the Government prohibits children from
working at night or in areas such as underground mining. The law
prohibits school-aged children from working more than two hours per day
or 10 hours per week.
The Ministry of Labor and Social Security effectively enforced
these restrictions in workplaces that were covered by the labor law,
which included medium- and large-scale industrial and service sector
enterprises. A number of sectors are not covered by the law, including
agricultural enterprises employing 50 or fewer workers, maritime and
air transportation, family handicraft businesses, and small shops
employing up to three persons.
Nonetheless, child labor was widespread. In a child labor survey
conducted in the last quarter of 2006 and released in April 2007, the
State Statistical Institute reported that the number of child laborers
between the ages of six and 17 was 960,000, or 5.9 percent of a total
of 16.2 million in that age group. These figures represented a decrease
over previous years. The study found that 84.7 percent of children aged
six to 17 attended school and that the 31.5 percent of children in that
age group who were employed were also attending school at least part
time.
An informal system provided work for young boys at low wages, for
example, in auto repair shops. Girls rarely were seen working in
public, but many were kept out of school to work in handicrafts,
particularly in rural areas. According to the 2006 child labor survey,
40.9 percent of child labor occurred in the agricultural sector, with a
total of 52.4 percent of employed children working in rural areas,
compared to 47.6 percent working in urban areas. Many children worked
in areas not covered by labor laws, such as agriculture workplaces with
fewer than 50 workers or the informal economy. To combat this ongoing
problem, the Ministry of National Education conducted a program in
cooperation with the UN Children's Fund that was designed to provide
primary education for at-risk girls. By year's end, the program
benefited nearly 223,000 girls and 100,000 boys.
Small enterprises preferred child labor because it was cheaper and
provided practical training for the children, who subsequently had
preference for future employment in the enterprise. If children
employed in these businesses were registered with a Ministry of
National Education training center, they were required to go to the
center once a week for training and the centers were obliged by law to
inspect their workplaces. According to data provided by the ministry,
there were 307 centers located in 81 cities; these centers provided
apprenticeship training in 133 occupations. The Government identified
the worst forms of child labor as children working in the streets, in
industrial sectors where their health and safety were at risk, and as
agricultural migrant workers. There were reports that children were
trafficked for sexual exploitation.
There were no reliable statistics for the number of children
working on the streets nationwide. The Government's Social Services and
Child Protection Institution operated 44 centers to assist such
children.
e. Acceptable Conditions of Work.--The national minimum wage of 638
lira ($425) per month did not provide a decent standard of living for a
worker and family. 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 law establishes a 4-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 flextime schedule. The Labor Inspectorate
of the Ministry of Labor effectively enforced wage and hour provisions
in the unionized industrial, service, and government sectors, which
covered approximately 12 percent of workers. Workers in other sectors
had difficulty receiving overtime pay, although by law they were
entitled to it.
The law mandates occupational health and safety regulations;
however, in practice the Ministry of Labor Inspection Board did not
carry out effective inspection and enforcement programs. Workers have
the right to remove themselves from situations that endangered health
or safety without jeopardy to their employment, although reports of
them doing so were rare. Authorities effectively enforced this right.
__________
UKRAINE
Ukraine, population 46 million, is a republic with a mixed
presidential and parliamentary system, governed by a directly elected
president and a unicameral parliament (the Verkhovna Rada) that selects
a prime minister. Parliamentary elections were held in September 2007;
according to international observers, fundamental civil and political
rights were respected during the campaign, enabling voters to express
their opinions freely. Five political parties and blocs held seats in
the 450 member parliament. Civilian authorities generally maintained
effective control of the security forces.
The police and penal systems continued to be sources of some of the
most serious human rights concerns. They included instances of torture
by law enforcement personnel, harsh conditions in prisons and detention
facilities, and arbitrary and lengthy pretrial detention. The judiciary
lacked independence and suffered from corruption. The Government
continued to be slow to return religious property. Societal violence
against Jews continued to be a problem, as did anti Semitic
publications, although their number and circulation declined during the
year. Serious corruption persisted in all branches of the Government.
Societal problems included violence and discrimination against women,
including domestic violence and sexual harassment in the workplace, and
against children, as well as increased violence against persons of non
Slavic appearance. Discrimination against Roma continued. Trafficking
in persons continued to be a serious problem. Workers continued to face
limitations on their ability to form and join unions of their choice
and to bargain collectively.
During the year the Government closed the long criticized Pavshyne
migrant detention facility and opened two migrant detention centers
that comply with international standards. The Ministry of the Interior
established human rights monitoring departments in all regions to
monitor human rights performance by police during the year.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
the media and human rights groups reported several allegations that
security forces killed prisoners in custody. According to the Ministry
of the Interior, three criminal investigations of police personnel were
initiated on suspicion of, or charges of, unlawful killings in the
first nine months of the year.
On July 9, the Vinnytsia Group for Human Rights (VGHR) expressed
concern about a suspicious death that occurred in the Vinnytsia Penal
Colony on July 3 and urged the Prosecutor General's Office (PGO) to
investigate. Facility personnel allegedly beat a Roma man to death
following a clash between the victim and other inmates. The victim's
relatives claimed that his body was covered with bruises, while prison
personnel insisted that he died of a heart attack.
According to the Chernihiv Society for Human Rights and the VGHR,
Serhiy Kuntsevskiy died on October 2 in the office of the Pryluky city
unit for combating organized crime in Chernihiv Oblast (region), after
police allegedly raped and beat him to extract a confession. On October
3, the Chernihiv Oblast prosecutor's office opened a criminal case
based on charges of causing grave bodily injuries and abuse of office.
Officials detained four law enforcement personnel. On October 29, the
news Web site proUA.com reported that Interior Minister Yuriy Lutsenko
dismissed the chief of the Chernihiv Oblast unit for combating
organized crime.
On February 14, the Ukrainian Independent Information Agency
(UNIAN) reported that a police officer from Crimea, who tortured a
suspect to death during interrogation in March 2007, was sentenced to
eight and a half years in prison.
There were no reports of developments in a number of cases from
2007, including that of Petro Khudak, from the Nadvirna district of
Ivano Frankivsk Oblast, who died in detention as a result of an alleged
police beating in January 2007; a police officer from Sumy Oblast, who
shot and killed a suspect from Trostyanets during interrogation on July
2007; or the personnel at the Lukianivka facility, charged with
negligence that resulted in two deaths in July 2007.
Unlike in 2007 there were no reports of fatal attacks against
politicians or politically active businessmen.
No information was available about the trial, which reportedly
began in early 2007, of three police officers from Kharkiv who
allegedly beat Oleh Dunich to death in December 2005.
On March 15, the Kyiv Court of Appeals found three former police
officers guilty of murder in the 2000 killing of investigative
journalist Georgiy Gongadze. The court sentenced Oleksandr Popovych and
Valeriy Kostenko to 12 years in prison and Mykola Protasov to 13 years
and ordered them stripped of their police ranks. The court found that
the motivation behind the killing was political and related to
Gongadze's professional activity. In early July the Supreme Court
upheld the verdict. The journalist's widow, Myroslava Gongadze,
continued her calls for a thorough investigation and expressed concern
that a prime suspect, General Oleksiy Pukach, remained at large. On
June 24, the Legal Affairs Committee of the Parliamentary Assembly of
the Council of Europe (PACE) released a report about crimes by senior
officials during the Kuchma era, urging the Government to bring to
justice the instigators and the organizers of Gongadze's killing.
There were continuing reports of deaths resulting from violence in
the army; however, the Ukrainian Helsinki Human Rights Union (UHHRU)
noted an increase in the number of investigations and disciplinary
actions for those found responsible for hazing deaths. In the first
nine months of the year, according to the PGO, authorities undertook
135 criminal investigations related to physical violence in the armed
forces. In the same period, 167 servicemen were convicted of inflicting
bodily injuries in hazing incidents. The State Judicial Administration
confirmed that in the first six months of the year, courts convicted 84
persons for hazing, compared to 72 in the same period in 2007.
Instances of reported death as a result of hazing during the year
included the following: According to the newspaper Fakty (October 15),
a local military court sentenced Mykhailo Shaban to five years for
killing draftee Andrian Poperechniy by a blow to the chest on February
10. Shaban reportedly testified to the Central Region Military Court of
Appeals that he beat Poperechniy at an officer's request. The court
ordered the Kyiv Central Office of the Military Service for Law
Enforcement to pay the victim's parents and sister each 122,000 hryvnia
(approximately $15,800) in damages. The Kyiv garrison military
prosecutor appealed to the Supreme Court, claiming the death resulted
from a fight.
The newspaper Fakty wrote on July 29 that the parents of Maksym
Babenko believed their son's death by suicide on June 8 was the result
of hazing he experienced in military service. The Dnipropetrovsk
garrison military prosecutor began a criminal investigation.
On February 11, the PGO reported that the Kharkiv garrison military
prosecutor completed his investigation of charges that a fellow soldier
beat Yuriy Stashenko to death in December 2007; he forwarded the
results of the investigation to the Kharkiv garrison local court.
There was no further information on the 2007 appeal by the family
of Oleksandr Rybka, who contended that the sentences given the two
soldiers convicted of beating Rybka to death while he was attending
basic training in 2006 were too light.
There were reports that an investigation found no grounds to file
charges in the March 2007 death of soldier Pavlo Bazyuk in Chop,
Zakarpattia Oblast; his parents claimed that he died as a result of
soldier on soldier violence. However, according to the PGO, military
prosecutors opened a criminal case against the chief of military unit's
medical staff for failing to provide proper medical treatment to
Bazyuk, and the case went to court on April 24.
During the year Vice Prosecutor General Renat Kuzmyn confirmed that
the former deputy head of the Ministry of the Interior's organized
crime directorate in Donetsk, Roman Yerokhin, was killed in 2006 by a
police officer and that the case had been forwarded to court. On
December 8, proUA.com reported that the PGO forwarded a criminal case
to the Kyiv Court of Appeals charging five members of a criminal gang
for the killing. At year's end the investigation was ongoing to
determine who ordered the killing.
In an interview in Ukrayinska Pravda on January 12, Prosecutor
General Oleksandr Medvedko stated that an investigation into the 1999
death of prominent nationalist and Ukrainian People's Movement leader
Vyacheslav Chornovil was continuing.
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 the law prohibit such
practices, police employed severe violence against persons in custody.
On June 26, Human Rights Commissioner (ombudsman) Nina Karpachova told
the press that torture and abuse of detainees remained a serious
problem within law enforcement agencies. In her special report released
during the year, she noted that law enforcement personnel accused of
torture were too often charged with the less serious offense of abuse
of office and not for committing torture.
The Ministry of the Interior confirmed that authorities initiated
16 criminal investigations of law enforcement personnel suspected of
inflicting bodily injuries and of three suspected of torture and
physical violence in the first nine months of the year. According to
the PGO, 57 law enforcement personnel faced criminal liability for
torture and inhuman and degrading treatment in the first nine months of
the year.
According to human rights groups, law enforcement personnel used
force and mistreatment routinely to extract confessions and information
from detainees. The UHHRU asserted that one third of criminal suspects
were beaten into confessing. In its report on the country, Human Rights
Watch (HRW) noted that torture and mistreatment in detention remained
commonplace. According to HRW's May submission for the UN Human Rights
Council's universal periodic review, police at times coerced testimony
from drug users by withholding treatment for painful withdrawal
symptoms. In a report issued following its visit from October 22 to
November 5, the United Nations Working Group on Arbitrary Detention
expressed concern about repeated reports it received of abuse and
torture of suspects, particularly during their initial arrest and
detention. According to human rights lawyer Tetyana Yablonska, 81
percent of prisoners interviewed by the Ukrainian American Helsinki
Bureau claimed that police beat them into making their confessions,
while the practice of covering up those practices prevailed within the
law enforcement and judicial systems.
Examples of alleged police abuse included the following: On
September 30, Gazeta po Kievski reported Volodymyr Hetmanenko's claim
that he was tortured by police while in a pretrial detention facility
in Crimea. He was reportedly held for five months on suspicion of
involvement in a serial murder case before a court found him not
guilty. One of the policemen he accused of torture, Stanislav
Hodulianov, was arrested and charged with falsifying records, and the
other, Oleh Koshoviy, remained at large at year's end.
On February 11, UNIAN reported that Sumy Oblast prosecutors began
an investigation of three police officers who allegedly used
intimidation and psychological pressure to force victims to carry
illegal drugs and then arrested them for possession. The officers' goal
was to increase their number of arrests. There was no more information
on the investigation at year's end.
On March 24, Krymska Svitlytsia reported that law enforcement
authorities in Crimea were investigating 20 police officers at the
Simferopol railway station who allegedly used intimidation and physical
force to falsely arrest, detain, take personal property, and extort
money from passengers.
On June 10, the VGHR reported that prison guards violently beat
inmates at the Stryzhavska correctional colony in Vinnytsia Oblast and
the Temnivska correctional colony in Kharkiv Oblast after they stated
their intention to hold peaceful protests against their detention
conditions.
During the year authorities prosecuted police officers who abused
persons in detention. In an article published in Holos Ukrayiny on
September 17, Prosecutor General Medvedko claimed that cases of torture
in the Ministry of the Interior and the State Penal Department (SPD)
systems were nonsystemic and isolated. According to him, during the
first six months of the year, the PGO received 573 complaints of
torture but 80 percent of the complaints involved procedural
violations, not torture, by detention facility administrators. The
office opened 12 criminal investigations, five of which were
subsequently forwarded to courts.
Following their son's August 26 murder conviction, the parents of
Oleksandr Voskoboinikov claimed that he and codefendant Oleksandr Sapon
were tortured into confessing their guilt in the fatal stabbing of a 64
year old swimming coach in 2006. The Shostka City District Court in
Sumy Oblast sentenced Voskoboinikov to five years in prison. At year's
end there was no more information available on the parents' plan to
file an appeal.
On March 21, the UHHRU reported that the Supreme Court upheld the
Ternopil Court of Appeals' 2007 murder conviction of Ivan Nechyporuk
and Oleksandr Motsniy. The men claimed they were tortured into making a
confession. The case was under review by the European Court of Human
Rights (ECHR).
The SPD confirmed that Yuriy Moseenkov was wrongfully confined for
20 months beginning in 2005 on suspicion of murder. Officials involved
in the wrongful detention were disciplined, and the results of the
criminal investigation were forwarded to the PGO for further action.
There was no new information on the reported torture of a 17 year
old detainee by two police officers in Dnipropetrovsk in 2006 and no
indication that authorities were continuing to investigate the case.
At year's end an investigation was continuing into the 2004 dioxin
poisoning of then opposition presidential candidate Viktor Yushchenko.
In an interview with the Austrian newspaper Der Standard in mid July,
President Yushchenko stated that he knew who organized the poisoning
and that the Government had officially requested their extradition from
Russia. However, the Office of the Prosecutor General in Russia denied
that there had been such a request. There were no reports on whether
Ukrainian and Russian prosecutors conducted a joint analysis of dioxin,
as announced in September 2007.
There were reports that government prosecutors did not always
respond to complaints of police abuse. For example, on August 11,
lawyer Oleh Veremeyenko appealed to Interior Minister Lutsenko and
Ombudsman Nina Karpachova to investigate police officers suspected of
abusing Oleksiy Peresta and Volodymyr Vorodai after Kyiv city
transportation prosecutors refused to prosecute their case. Peresta and
Vorodai claimed that upon their arrival at a Kyiv railway station,
police detained them without charge, robbed, and beat them. The Kyiv
city transportation prosecutors argued that it found no proof that a
crime was committed.
Police officers were often not adequately trained or equipped to
gather evidence through investigations and depended on confessions to
meet ambitious quotas for solving cases. The law does not clearly
prohibit statements made under torture from being introduced as
evidence in court proceedings. Efforts to check these practices were
made more difficult by an ineffective system for investigating
allegations of abuse and by detainees' lack of access to defense
lawyers and doctors.
The law prohibits the abuse of psychiatry for political and other
non medical reasons and provides safeguards against such abuse, but on
a few occasions, according to the Ukrainian American Human Rights
Bureau, persons involved in property, inheritance, or divorce disputes
were wrongfully diagnosed with schizophrenia and confined to
psychiatric institutions.
There were no developments regarding the January 2007 report by the
Ukrayina Moloda newspaper that medical personnel of a hospital for
mentally disabled persons in the Svyatoshyn district in Kyiv abused
patient Larysa Lempbert.
Reports of hazing violence against conscripts in the armed force
continued during the year.
On September 5, Gazeta po Kievski reported that Kyiv garrison
prosecutors opened an inquiry into a hazing incident that resulted in a
ruptured spleen for soldier Dmytro Hrubskiy. The offender was
reportedly sent to a disciplinary battalion.
There were no reported developments regarding the investigation
reported in August 2007 of charges that a sergeant at the Desna
training center in Chernihiv severely beat another soldier, or
regarding the investigation of allegations, reported in 2006, that an
officer in the regional military unit in Novohrad Volynskiy beat his
subordinates and threatened them with a weapon.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally did not meet international standards; the
Government permitted visits by independent human rights monitors. The
NGO Donetsk Memorial reported that the Government's 2006 10 program for
improving conditions for persons in custody remained unimplemented.
According to the NGO head Oleksandr Bukalov, the SPD's main
difficulties included lack of funding, low salaries, and inadequate
legislation.
The SPD stated that the state budget provided only 10 percent of
the penal system's needs. Nevertheless, in the first nine months of the
year, it spent 37.2 million hryvnia (approximately $4.8 million) on
improvements to detention facilities.
In an interview published in the parliamentary newspaper Holos
Ukrayiny, Prosecutor General Oleksandr Medvedko stated that the most
common cause of death in custody was disease contracted prior to
incarceration.
According to NGOs, conditions in prisons, which the SPD operates,
remained poor but continued to improve slowly as a result of reforms in
the penal system. Human rights groups continued to call for introducing
full civilian oversight over the SPD by subordinating it to the
Ministry of Justice and for the establishment of mobile monitoring
groups to visit prisons, similar to those that visit police temporary
holding facilities. According to the UHHRU, the absence of rigorous and
impartial public oversight in SPD controlled facilities allowed serious
problems such as beatings and unhealthy and unsafe living conditions.
Human rights lawyer Arkadiy Bushchenko stated that the SPD relied on
violence and cruelty to resolve violence among prisoners.
According to the SPD, as of October 1, 146,827 persons were
detained in 184 facilities under its control. The SPD confirmed that in
2007, 729 individuals died while in custody, including those in
pretrial detention facilities. Illness caused 673 of the deaths, while
54 resulted from suicide and two were homicides. The PGO reported that
397 prisoners died in the first six months of the year in SPD
controlled facilities for convicted prisoners. Suicides accounted for
21 of these deaths.
As of November, authorities held almost 210,000 persons in police
controlled facilities, 197,400 of whom were held in temporary holding
facilities. Human rights organizations asserted that conditions in
police temporary holding facilities and pretrial detention facilities
were harsher than in low and medium security prisons. They were
sometimes overcrowded or lacked adequate sanitation and medical
facilities. The deputy head of the Cabinet Ministry's Department on Law
Enforcement and Justice Bodies, Tetyana Viktorova, stated that the
Government was concerned by the increase in the death rates in both
prisons and pretrial detention facilities.
On December 10, Gazeta 24 reported that the SPD's deputy chief
Natalia Kalashnik believed that 88 percent of the country's pretrial
detention facilities were unsuitable for long term detention.
At the end of August, in response to an appeal by ombudsman
Karpachova, the president asked the PGO and the Cabinet of Ministers to
investigate conditions in police holding facilities in Crimea, Odesa,
and Sevastopol. According to the ombudsman, criminal suspects in these
facilities were kept in humiliating conditions that resembled
``medieval torture.'' According to Karpachova, the Ministry of the
Interior was concerned that police personnel in these facilities were
also exposed to crowded and unhealthy conditions.
There were several reports of self inflicted injuries and violent
incidents in prisons and detention centers in Vinnytsia, Kharkiv,
Rivne, Chernihiv, Luhansk, Donetsk, and Lviv oblasts. These incidents
were frequently a result of unhealthy living conditions, a lack of
medical care, and the harsh treatment of prisoners by facility staff,
who beat prisoners and denied them food. For example, Ostriv, an online
newspaper, reported that on January 24, three prisoners at Donetsk
correctional colony No. 124 attempted suicide to protest violent
treatment by prison personnel. Mykhailo Matangin of the Donetsk SPD
denied the report, but local human rights advocate and lawyer Serhiy
Salov stated on behalf of the prisoners that they had been subjected to
beatings and other inhuman treatment.
The SPD stated that it could not confirm that Andriy Riznychenko
was beaten in Vinnytsia Prison No. 1 in June 2007. Several
nongovernmental organizations (NGOs) reported that guards beat
Riznychenko for several hours for having a mobile telephone card.
According to human rights activist Yevhen Zakharov, on January 31,
an antiterrorist unit entered the penal colony No. 46 in Rivne Oblast
and beat 16 prisoners, despite the December 2007 annulment of a
regulation permitting antiterrorism units at detention facilities.
According to Zakharov, the SPD asked human rights groups not to report
the incident.
The SPD continued to deny allegations of the illegal use of force
against prisoners. On August 27, deputy SPD head Mykola Iltyai told
journalists that force was applied in cases specified by the law, such
as when a prisoner tries to commit suicide or attacks prison personnel
or fellow inmates.
During the year the SPD denied allegations by human rights groups
that it had improperly transferred 40 inmates out of Izyaslav
correctional facility No.1 in Khmelnytskiy Oblast, following hunger
strikes and the beating of prisoners at the facility in January 2007.
Human rights groups called for an investigation of these incidents.
The SPD also denied allegations that it used force against Oleksiy
Povidaychyk after he reported abuse of another prisoner by prison
guards. According to the SPD, the Vinnytsia prosecutor office
determined in May 2007 that there was no evidence that Povidaychak was
abused while in custody at penal colony No. 1 in Vinnytsia.
Overcrowding and poor conditions in pretrial detention exacerbated
the problem of tuberculosis (TB) among prisoners. Prison officials
stated that mandatory screening of all new inmates for the disease
reduced infection rates, and human rights organizations considered the
presence of x ray machines in several prison facilities to be a
positive development. According to the Web portal, Ukrprison, as of
August, 149 TB infected inmates were isolated from the general
population in a pretrial detention facility in Donetsk, with only one
doctor to treat them. The SPD confirmed that in the first nine months
of the year, 1,124 individuals in custody, 813 of them in correctional
colonies and 311 in pretrial facilities, had an active form of TB.
According to Prosecutor General Medvedko, on June 6, Odesa Oblast
prosecutors opened a criminal investigation of abuse of office charges
against personnel of the Odesa pretrial detention facility who
allegedly assaulted an inmate. The investigation was ongoing at year's
end. On June 6, prosecutors in Komsomolsk, Poltava Oblast, opened an
investigation of local police officers who allegedly held 13 persons in
degrading conditions in a police temporary holding facility that was
officially closed. No further information on the investigation was
available at year's end.
Specialized medication was frequently not available for HIV
infected prisoners. According to HRW's annual report, there was no
medication assisted treatment in prisons, which meant that drug users
were forced to suffer from abrupt withdrawal when taken into custody.
On December 18, the ECHR found in favor of the family of Olha
Biliak, who died in 2004 while in pretrial detention in the Lukianivka
detention facility in Kyiv. Biliak's family claimed that the
authorities failed to provide her with adequate medical treatment for
HIV while she was in custody and failed to release her on medical
grounds.
No information was available on the 2006 criminal investigation of
alleged abuses of authority by the administrators of two detention
centers in Lviv Oblast.
Human rights groups claimed that authorities inappropriately used
prisoners as laborers, failed to compensate them adequately for their
work, and forced them to work in dangerous and unhealthy conditions.
For example, UNIAN reported on November 11 that the Security Service of
Ukraine (SBU) discovered that the administration of correctional colony
No. 137 in Luhansk Oblast received money for sending inmates to work at
a local stone quarry. The colony's oversight and security chief
received a fine and was allowed to retire from the penitentiary system.
The Government permitted prison visits by human rights observers.
Mobile monitoring groups, made up of representatives from human rights
NGOs and interior ministry personnel, continued to visit police
temporary holding facilities during the year. Human rights NGOs called
for the establishment of similar mobile monitoring groups to visit
prisons, run by the SPD. The SPD stated that it did not refuse visit
requests by human rights organizations and that it cooperated with
international and local NGOs. Prisoners and detainees were permitted to
file complaints with the ombudsman concerning their conditions in
custody, but human rights organizations noted that prison officials
continued the practice of censoring or discouraging complaints. By law
the prosecutor's and ombudsman's offices were obliged to disclose the
names of inmates who filed complaints to the bodies against which they
were filed, such as the SPD, subjecting the petitioners to possible
reprisals from prison administrators.
The United Nations Working Group on Arbitrary Detention, during its
October 22-November 5 visit to the country, reported that it observed
instances of minors who were being held in pretrial detention
facilities in the same vicinity as adult detainees and convicts.
d. Arbitrary Arrest or Detention.--The constitution and the law
prohibit arbitrary arrest and detention; however, these remained
problems.
Role of the Police and Security Apparatus.--The Ministry of the
Interior is responsible for maintaining internal order; it oversees the
police and maintains its own armed troops. The SBU, the country's
internal intelligence organization, reports directly to the president.
The State Tax Administration, which exercises law enforcement powers
through the tax police, is accountable both to the president and the
cabinet. The law provides for civilian control of the army and law
enforcement agencies and authorizes members of parliament to conduct
investigations, including public hearings, into national security and
defense issues. The ombudsman is also authorized to initiate
investigations into the activities of relevant security forces.
Police corruption remained a problem. According to the Interior
Ministry, more than 5,000 law enforcement officers were subject to
administrative disciplinary actions in the year. Of these, 105 were
dismissed for corruption and criminal investigations were launched
against 544 police personnel. The PGO confirmed that in the first 10
months of the year, 280 law enforcement officers and three prosecutors
were found criminally liable for corruption.
On February 15, the media reported that the Kyiv prosecutor's
office opened an investigation of the head of the city's own main
criminal investigation unit, as well as of the chief investigator of
one of Kyiv's district police offices, who were alleged to have
accepted bribes in return for not pressing charges in a criminal case.
On March 14, the Web site Glavred reported that the SBU special
unit for combating corruption in Donetsk Oblast, jointly with local
prosecutor's office, caught a police investigator taking a bribe in the
amount of $9,000 in return for dropping criminal charges against a
suspected rapist. The investigative unit of the prosecutor's office
initiated a criminal case.
On September 22, the proUA.com Web site reported that Kirovohrad
Oblast prosecutors opened a criminal case against two local police
officers on charges of demanding a bribe from a local resident to
release his son detained on suspicion of theft. They were also accused
of torturing the son with electric shock while he was in detention. The
investigation was ongoing at year's end.
There were no reported developments related to April 2007 media
reports that the SBU in Kyiv detained the head of a district for
combating organized crime and narcotics for demanding a bribe not to
arrest a Kyiv resident.
There were no reported developments related to attempts to punish
investigators suspected of torturing, falsely imprisoning, and
demanding a bribe for the release of Volodymyr Chukhrai. He was
released in April 2007 after spending eight years in a high security
prison.
There were no developments regarding the 2006 cases involving a
police lieutenant in Kyiv who was detained for demanding a bribe of
5,000 hryvnia (approximately $645) or the two investigators from the
Odesa regional department of the Ministry of the Interior charged with
bribery and extortion.
Arrest and 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 order the extension of detention without an
arrest warrant for an additional 10 days. The law permits citizens to
contest an arrest in court or appeal it to the prosecutor. The law
requires that officials notify family members immediately concerning an
arrest, although human rights NGOs noted that sometimes the police did
not do so.
Despite these legal safeguards, lengthy pretrial detention remained
a problem. Human rights groups asserted that the number of suspects in
detention was much higher than the number of those convicted of
criminal offenses. There were unsanctioned arrests, mainly for the
purpose of obtaining confessions, and investigative police employed the
practice of not keeping records of detained suspects (unregistered
detention).
Individuals often remained in detention for months or in some cases
years before being brought to trial, and the situation did not improve
during the year. According to domestic human rights organizations, the
investigation process took four to five months on average.
Human rights organizations reported that police continued to
arbitrarily use the initial period of detention, when individuals can
be detained without a warrant, to extract evidence that could be used
against the detainee. Often courts extended detention to 10 days to
allow police more time to obtain confessions.
During its October 22-November 5 visit the UN Working Group on
Arbitrary Detention noted the following: continued practice of
employing pretrial detention of persons suspected of less grave crimes;
a perceived lack of independent and effective control over the process
by the judiciary; and restrictions imposed upon pretrial detainees,
such as denying them contact with their families before the
commencement of court trials.
On April 8, the online journal Korrespondent reported that a judge
in Zhytomyr sentenced individuals to 15 days in a temporary police
holding facility in order to use them to work on his father's property.
The local prosecutor's office determined that the judge had committed
similar abuses on several occasions. The judge was detained. No new
information was available at year's end.
The law stipulates that a defense attorney must be provided without
charge to an indigent detainee from the moment of detention or the
filing of charges, whichever comes first. However, in practice this
often did not occur, giving police time, according to legal observers,
to coerce confessions. There were insufficient numbers of defense
attorneys to protect suspects from unlawful and lengthy detention under
extremely poor conditions. Attorneys often refused to defend indigents
for the low payment the Government provided.
Reports continued of police arbitrarily detaining persons,
particularly persons of non Slavic appearance, for extensive document
checks and vehicle inspections.
Although the law provides for bail, it was rarely used; many
defendants could not pay the bail amounts imposed by law. Courts
sometimes imposed restrictions on travel outside a given area as an
alternative to pretrial confinement. However, they generally opted to
place individuals in pretrial detention facilities, a practice that
human rights observers criticized as contributing to overcrowding.
Although the president ordered an investigation in 2007 to
determine whether judges and prosecutors fabricated facts to convict
journalist Ruslan Antonyk, believed by human rights observers to have
been wrongly convicted of murder in 2000, there were no reports
indicating whether the investigation continued. The president pardoned
Antonyk in June 2007.
Human rights organizations reported that persons remained in
detention for long periods awaiting trial. Human rights organizations
continued to report that persons detained were at times not informed of
their rights as required by law.
Justice Minister Mykola Onishchuk, in comments posted on the
Ministry of Justice Web site, stated that each year between 10,000 and
15,000 individuals were kept in pretrial detention facilities without a
valid reason.
On April 4, the television channel NTN reported that a court
ordered the release of a resident of Luhansk, Serhiy Lesnyak, after the
court determined that he had been wrongfully confined for more than
three years. All charges against him were dropped and he reportedly
planned to sue the Government for the physical suffering and mental
anguish that occurred as a result of his wrongful confinement.
Amnesty.--Through December 23, President Yushchenko pardoned 885
persons, including women, elderly men, persons with disabilities, and
persons with several children. On December 12, on the occasion of the
anniversary of the Universal Declaration of Human Rights, the Verkhovna
Rada passed a bill granting amnesty to more than 3,000 convicted
persons.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, but in practice the judiciary remained
subject to pressure from the executive and legislative branches and
also suffered from corruption and inefficiency. Some accused the
president of attempting to put pressure on courts by disbanding them,
while others accused some members of the prime minister's parliamentary
bloc of trying to interfere with the courts' activities.
According to the UHHRU, the right to a fair trial was limited by
lengthy court proceedings, particularly in administrative courts;
political pressure on judges; inadequate funding for courts; the lack
of qualified legal assistance for defendants; and the inability of
courts to enforce their rulings.
There were no developments in the criminal investigation into
political interference in the activities of the Pechersk District Court
in Kyiv in 2007.
There were indications that suspects often bribed court officials
to drop charges before cases went to trial or to lessen or commute
sentences.
During a January meeting with PACE's corapporteurs, Ombudsman
Karpachova noted that a majority of citizens' appeals for her
assistance concerned the lack of fair trial guarantees.
The PGO, according to July 15 media reports, announced that the
former chiefs of the Makiyivka criminal investigation office and the
police department for juvenile crimes in Donetsk Oblast were charged
with forcing Svitlana Zaytseva to confess to a murder that she did not
commit. As a result, she was sentenced to seven and one half years in
prison in 2001. A year after the real killers were found, Zaytseva was
released, but she died shortly afterward of tuberculosis. Authorities
were investigating the case at year's end.
Except for the Supreme Court, Constitutional Court, and high
specialized courts, the courts were funded through the State Judicial
Administration (SJA), which was also responsible for staffing courts.
The ministries of Justice and Education were responsible for training
judges. The judiciary's lack of adequate staff and funds contributed to
inefficiency and corruption and increased its dependence on the
executive branch. The SJA acknowledged that courts lacked adequate
funding and technical informational support and did not have adequate
facilities.
During the year the High Council of Justice requested that
parliament dismiss eight judges for violating the oath of office. All
eight of the judges were dismissed.
On October 21, HRW released a statement calling upon the
authorities to respect the independence of the judiciary and
criticizing both the president and the prime minister for seeking to
use courts as a political tool. For example, during a legal dispute
over his decree calling for early parliamentary elections, President
Yushchenko annulled his appointment of a Kyiv District Administrative
Court judge on October 14 and abolished the court itself, after it
ruled in favor of an appeal by the political bloc of his sometime
rival, the prime minister. The Political and Legal Reforms Center
reported that members of parliament from the prime minister's bloc
physically prevented the judges of the Administrative Appeals Court
from leaving their chambers, making it impossible to hold a hearing on
a legal appeal from the president.
While the law provides for judicial independence, in some cases it
also gives the president considerable power over the judiciary. The
president has authority, with the agreement of the Ministry of Justice
and the chair of the Supreme Court, or of a corresponding higher
specialized court, to establish and abolish courts of general
jurisdiction. The president determines the number of judges in the
court system, appoints and removes chairpersons and deputy chairpersons
of courts, and establishes appellate commercial and appellate
administrative courts. The president, upon the recommendation of the
prime minister and with the concurrence of the Judicial Council,
appoints the head of the SJA.
Authorities' failure to enforce court decisions in civil cases
undermined the independence and strength of the courts. The State
Executive Service is responsible for enforcing most civil decisions,
and the number of cases referred to it continued to grow. Provisions
permitting criminal punishment for noncompliance with court decisions
were rarely used.
The country has a civil law system relying on codes, laws, and
separate acts. The multifaceted court system consists of the
Constitutional Court and courts of general jurisdiction. The courts of
general jurisdiction deal with civil, economic, administrative, and
criminal forms of justice. They include general courts and specialized
courts. The Supreme Court is the highest body in the system of courts
of general jurisdiction. It has civil, criminal, commercial, and
administrative chambers and a military panel of judges. The local
courts, subdivided into local general and local economic courts, are
the main courts involving individuals. The high specialized courts and
relevant chambers of the Supreme Court perform cassational court
functions.
According to a spring survey on corruption within the judicial
system carried out as part of the Promoting Active Citizen Engagement
project, almost one third of lawyers and prosecutors believed that
corruption was common at all stages of court proceedings. Moreover, 64
percent of the surveyed lawyers and public prosecutors believed that
corruption within the court system became more widespread during the
previous year. According to citizens surveyed, the major problems
included delays in court proceedings and immunity for judges.
Judges are immune from prosecution and may not be detained or
arrested without the consent of parliament. There were numerous media
reports of judges accepting bribes. For example, UNIAN reported on May
28 that the Chernihiv oblast prosecutor's office initiated a criminal
case against the head of a District Court for allegedly accepting a
bribe to reduce a sentence. On June 5, the Kommersant Ukraine newspaper
cited the chairman of the parliamentary Committee on Justice, Serhiy
Kivalov, as saying that the Presidential Secretariat had agreed not to
pursue corruption charges against former constitutional court justice
Syuzanna Stanik in exchange for her agreement to resign. Stanik was
alleged to have been involved in corruption in April 2007.
By law the Constitutional Court consists of 18 members, six each
appointed for nine year terms by the president, parliament, and the
Congress of Judges. It has three panels of judges. The Constitutional
Court is the ultimate interpreter of legislation and the constitution.
It determines the constitutionality of legislation and other
parliamentary legal acts, presidential edicts, cabinet acts, and legal
acts of the Crimean Autonomous Republic, and it issues opinions
concerning constitutionality of international treaties and agreements.
Trial Procedures.--The constitution includes procedural provisions
intended to ensure a fair trial, including the right of suspects or
witnesses to refuse to testify against themselves or their relatives;
however, these rights were limited by the absence of implementing
legislation, which left a largely Soviet era criminal justice system in
place. The defendant is formally presumed innocent, but the system
maintained the high conviction rates characteristic of the Soviet era.
The law provides for broad use of juries, but a system of juries
had not been implemented. Most ordinary cases were decided by judges
who sit singly, although cases that involved the possibility of a life
prison sentence, the maximum penalty in the country's criminal justice
system, were heard by two judges and three public assessors (lay judges
or professional jurors with some legal training).
By law a trial must begin no later than three weeks after criminal
charges are filed with the court; however, this requirement was rarely
met by the overburdened court system. Months could pass before a
defendant was brought to trial, and human rights groups claimed that
the situation did not improve during the year. Complicated cases could
take years to go to trial.
The law specifies that a defendant may speak with a lawyer in
private; however, human rights groups reported that officials
occasionally denied this client attorney privilege. The law also
requires free legal counsel for all defendants, but free counsel was
often unavailable. To protect defendants, investigative files must
contain signed documents attesting that defendants were informed of the
charges against them, of their right to an attorney at public expense,
and of their right not to give evidence against themselves or their
relatives. Appeals courts may dismiss convictions or order new trials
if these attesting documents are missing; however, officials sometimes
verbally and physically abused defendants to obtain their signatures.
By law trials are held in public and defendants have the right to
confront witnesses. However, courtroom space was often limited, and
media personnel were at times not able to attend and report on court
proceedings.
Legal provisions permitting the names and addresses of victims and
witnesses to be kept confidential if they requested protection were
insufficient to prevent criminal groups from routinely using
intimidation to induce victims and witnesses to withdraw or change
their testimony. The law requires that a special police unit protect
judges, witnesses, defendants, and their relatives, but human rights
organizations claimed that this system continued to be ineffective.
There were no developments in the March 2007 case of Vadym Cherkas,
a local human rights activist who was sentenced to 10 days' in jail by
a Donetsk court for disturbing the peace and public profanity, or in
the case of the activist Mykola Harmash of the People's Self Defense
political movement, who was illegally detained in March 2007 and held
for an undetermined period of time at the Leninskiy district police
temporary holding facility in Shcholkino.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The constitution gives
citizens the right to challenge in court any decisions, actions, or
omissions of national and local government officials that violate their
human rights.
The law protects the rights, freedoms, and interests of individuals
from violation by the Government and public officials and allows court
challenges in cases involving illegal government activities or failure
to enforce legal protections. Potential victims may also file a
collective legal challenge to legislation that they believe may violate
basic rights and freedoms without requiring them to show that they are
directly affected. Citizens may appeal to the ombudsman and, after
exhausting all domestic legal remedies, may take cases to the
appropriate international bodies, such as the ECHR, of which the
country is a member or participant. However, citizens' right of redress
was limited by the inefficiency, and at times the corruption, of the
judicial system.
Property Restitution.--Restitution of property taken from religious
groups under the Soviet regime continued at a slow pace, partly as a
consequence of the country's economic situation, which limited funds
available to relocate occupants of seized religious property. In
addition, intracommunal competition for particular properties
complicated restitution claims for the Christian, Jewish, and Muslim
communities. The State Committee on Nationalities and Religion (SCNR)
declared that the majority of buildings and objects had already been
returned to religious organizations and that many of the remaining
properties for which restitution was being sought were complicated by
that fact they were occupied by state institutions, were historic
landmarks, or had been transferred to private ownership. The SCNR
stated that there was a lack of government funding to assist in
relocating organizations occupying these buildings. The SCNR also noted
that restitution claims frequently fell under the jurisdiction of local
governments.
On September 18, the Kyiv City Council returned a former monastery
building on Tryokhsvyatytelska Street to the Orthodox Church of the
Kyiv Patriarchate.
On October 26, the Chernivtsi City Council authorized the transfer
of a synagogue building to the local Jewish community.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Although the constitution prohibits such actions, in
practice authorities infringed citizens' privacy rights. By law the SBU
may not conduct intrusive surveillance and searches without a court
issued warrant.
The PGO has the constitutional responsibility to ensure that law
enforcement agencies, including the SBU, observe the law. The
constitution gives citizens the right to examine any dossier concerning
them in the possession of the SBU and to sue to recover losses
resulting from an investigation. Authorities generally did not respect
these rights in practice, however, as the necessary implementing
legislation had not been enacted.
On January 26, media reported that Mykolayiv Mayor Volodymyr Chaika
discovered several video surveillance cameras in his office and
requested that the SBU investigate the incident. At a press conference
on August 6, Chaika accused the former chief of the department's crime
unit combating organized crime unit in Mykolayiv Oblast, Serhiy
Humenyuk, of having ordered the installation of the equipment without
legal authority.
No further reports were available concerning the criminal
investigation begun in February 2007 into the release of a transcript
of a 2006 telephone conversation between then speaker of parliament
Oleksandr Moroz and the British ambassador, which appeared on the
Internet.
There were no reported developments following press reports in May
2007 that the SBU detained eight members of a private company that
allegedly engaged in unlawful surveillance and telephone tapping.
On January 31, the head of the parliamentary committee on national
security, former Defense Minister Anatoliy Hrytsenko, told journalists
from the television broadcast Inter Channel that the practice of
illegally disseminating confidential information about individual
citizens should be stopped. Investigative journalists claimed that it
was possible to buy confidential information on individual citizens at
local markets.
On February 26, the newspaper Kommersant Ukrayina reported that the
PGO had completed its investigation of interior ministry personnel
charged with unlawful eavesdropping on politicians, including Yulia
Tymoshenko and Block of Yulia Tymoshenko MP Viktor Shvets, during the
2004 presidential campaign. At year's end the PGO had not forwarded the
results of its investigation to the courts.
On September 1, the Kulykiv District Court in Chernihiv Oblast
sentenced a member of the Chernihiv City Council, Dmytro Shevchuk, to
more than four years' imprisonment and city council employee Oleksandr
Fesyuk to four years' imprisonment, with a suspended sentence of two
years, for tapping telephone conversations of Chernihiv Oblast
administration officials.
According to HRW, health workers often violated the privacy of
persons with HIV/AIDS by disclosing confidential information about
their HIV status.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and the press; the Government generally respected
these rights in practice.
There were instances of violence and other harassment of
journalists. On March 16, unknown assailants severely beat Serhiy
Tsyhipa, an independent investigative journalist, in Kherson Oblast.
Tsyhipa was known for critical reporting about local authorities. On
December 1, in an open letter to Prosecutor General Medvedko, Tsyhipa
claimed that local prosecutors refused to investigate his beating
because he allegedly had not provided confirmation that he was a
journalist. Tsyhipa disputed this claim and complained to the PGO. At
year's end no one had been arrested for the attack.
On September 16, police beat Maksym Abramovskiy, a correspondent
for the Ostriv newspaper and deputy head of the Donetsk Independent
Media Union, and his colleague Olena Mykhailova while the journalists
were videotaping police officers stopping cars for roadside
inspections. The police seized the camera and damaged the tape. No
criminal case was opened.
There were no reported developments involving investigations of a
number of attacks on journalists in previous years, including: the
February 2007 attack on the news director of Dnipropetrovsk's Channel
9, Anatoliy Shynkarenko; the September 2007 burning of the automobile
of Serhiy Harmash, chief editor of the Donetsk based Internet
publication Ostriv; the reported disappearance of journalist Anatoliy
Kachurynets, last seen in 2006; or the investigation, opened in 2007,
into the 2006 death of Norik Shirin, founder and publisher of the Holos
Molodi newspaper.
On December 25, the Supreme Court upheld the acquittal on September
17 by the Mykolaiv Oblast Court of Appeals of Crimean journalist
Vladimir Lutiev, who had been involved in legal proceedings since
November 2002 (including approximately two years in jail). Lutiev had
been charged with complicity in the murder of a member of the Crimean
parliament. Lutiev claimed the charges were brought against him in
revenge for articles in his newspaper criticizing regional government
officials and discussing organized crime. The country's human rights
ombudsman intervened on his behalf.
On April 10, the Kyiv prosecutor's office terminated its
investigation into Party of Regions MP Oleh Kalashnikov's alleged
assault on a television news crew in 2006. In May the President's
Commission on Freedom of Speech and Development called on the PGO to
review the closing of the investigation. At year's end the PGO had yet
to inform the public about its findings.
On July 14, the national media watchdog Institute for Mass
Information (IMI) released a statement expressing concern about
Ukrayinska Pravda investigative journalist Serhiy Leshchenko, who was
forcibly brought in for questioning by the PGO regarding the case of
the 2004 poisoning of President Yushchenko. The journalist was released
after seven hours of questioning but was brought back two days later
for six more hours. Several journalists believed the lengthy
interrogation represented an attempt to intimidate Leshchenko, who is
known for publications exposing abuse by senior government officials.
On July 16, President Yushchenko released a statement expressing
concern about measures used by the PGO and demanding an official
explanation concerning the incident.
Private media outlets operated free of state control; however, both
the independent and government owned media continued at times to
demonstrate a tendency toward self censorship on matters that the
Government deemed sensitive. Although private newspapers were free to
function on a purely commercial basis, they often depended on political
patrons.
There were no reports that the central authorities attempted to
direct media content; however, on September 29, UNIAN reported that the
entire staff of the municipally owned newspaper Molod' Cherkashchyny
(Cherkasy Youth) was dismissed allegedly for political reasons.
According to editor in chief Yulia Skakun, the owner, oblast Governor
Oleksandr Cherevko, did not like the newspaper's critical reporting
about the Our Ukraine political bloc and about himself. The media Web
site Telekritika reported that members of parliament asked the PGO to
investigate the governor's actions and open a criminal case to
determine if charges should be filed against him.
There were reports of intimidation of journalists, including by
local officials. According to IMI, at least 27 journalists were
subjected to physical attacks or intimidation as of November. The
majority of these cases, however, did not appear to be centrally
organized and were often attributed to local politicians, businessmen,
or organized criminal groups.
Journalists complained that the owners of television media outlets,
who were often closely connected to leading political figures, unduly
influenced the editorial content of news programming. For example, on
January 29, IMI reported that Channel 5 closed its news program, Chas
(Time), and dismissed the program's director and host Yehor Sobolev.
According to Sobolev, the decision resulted from a conflict with the
channel's majority shareholders over Sobolev's coverage of the 2007
preterm parliamentary election campaign and the shareholders' attempts
to dismiss journalist Ihor Slisarenko from Channel 5 in 2007.
In addition, there were many reports that journalists and media
officials were willing for a price (dzhynsa) to slant reporting or
print articles favorable to certain persons or causes. In response to
these and a series of similar conflicts, a group of journalists,
members of the Independent Media Union, launched a campaign against
prepaid reports and hidden advertising presented as news. The
journalists maintained that low official salaries encouraged
journalists to supplement their incomes with undocumented payments from
benefactors seeking to influence news reporting.
Media monitoring groups noted that municipally owned media favored
the incumbent mayor, Leonid Chernovetskiy, during the Kyiv mayoral
elections. On May 23, IMI alleged that the Svobova (Liberty) talk show
on the privately owned television station Inter Channel was not aired
because it invited all main candidates in the Kyiv mayoral race. The
day before, privately owned Channel 1+1 cancelled its political talk
show, I believe so, because of the planned participation of opposition
mayoral candidate Vitaliy Klychko. In response to these allegations,
Chanel 1+1 explained that it chose not to favor individual candidates
on its programs, but IMI noted that the channel's morning programs on
the same day hosted Chernovetskiy bloc officials.
Continued dependence by some media on government resources may have
inhibited investigative and critical reporting.
Inadequate access to government held information was a problem,
particularly in the regions, according to IMI and the UHHRU, which
asserted that most government agencies regularly denied requests by
journalists and others for basic public interest information. For
example, according to IMI, it took the president's secretariat seven
months to respond to its inquiry concerning a controversial government
award to Judge Mariya Pryndyuk, who, according to IMI, hampered the
investigation of the Gongadze murder case.
Licensing provisions require that national media outlets broadcast
at least 75 percent of their programs in Ukrainian, a policy that many
citizens whose first language was not Ukrainian regarded as
discriminatory.
The law limits the amount of damages that may be claimed in libel
lawsuits and allows the press to publish inoffensive, nonfactual
judgments, including criticism, without penalty; however, media
watchdog groups continued to express concern over extremely 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.
According to the UHHRU, during the year the amounts awarded for
successful suits on these grounds increased, although the number of
such lawsuits dropped.
On May 23, the Desnyanskiy District Court in Kyiv upheld a 46
million hryvnia (approximately $6 million) defamation lawsuit by
businessman Yuriy Sydorenko against the Blitz Inform holding company
and two journalists of The Business Newspaper. The court ordered the
company to pay 24.2 million hryvnia (approximately $3.1 million) in
damages. The company appealed and on September 24, the Kyiv Court of
Appeals dropped the payment for moral damages to the plaintiff.
According to the Association of Media Lawyers, courts rendered 738
guilty verdicts in libel cases over the previous 10 years; 25 percent
of the plaintiffs demanded a retraction only, 70 percent demanded a
retraction and an award for damages, and 1.37 percent demanded the
closure of the media outlet.
In some instances media representatives experienced problems
gaining access to court hearings and governmental meetings. In June the
Donetsk Oblast prosecutor's office initiated a criminal case against
policemen who severely beat a journalist of the Ostriv newspaper, Ihor
Nezhurko, while he was reporting on an open court hearing in the
Voroshylivskiy district of Donetsk.
On March 27, journalists Nina Rykova of the newspaper 2000, Nina
Chevela, of the Slovyansk based SAT plus television company, and Anton
Skvortsov, of the TV plus newspaper, claimed they were not allowed to
attend an open trial in the Slovyansk City Court.
Internet Freedom.--According to the State Committee on
Communication and Informatization, 10 million persons used the
Internet. The Government did not restrict access to the Internet, but
human rights organizations asserted that law enforcement bodies
monitored its use.
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 provides for freedom of assembly, but in
some instances regional governments infringed on these rights. Since
there is no national law governing freedom of assembly, the Code of
Administrative Justice and case law prevailed. In addition, local
authorities at times invoked a Soviet era resolution on freedom of
assembly that was more restrictive than the current constitution.
The constitution requires that demonstrators inform authorities of
a planned demonstration in advance. The Soviet era resolution, which
local governments sometimes used to define ``advance notice,''
stipulates that organizations must apply for permission at least 10
days before a planned event or demonstration. In most cases permits
were granted to those who requested them, and in practice unlicensed
demonstrations were common and generally occurred without police
interference, fines, or detention, though there were several
exceptions.
In the first nine months of the year, according to the Ministry of
the Interior, administrative charges were brought against 16
individuals for infringement of the law on organizing and holding
public gatherings.
The Republic Institute (RI), a local monitoring group, stated that
most restrictions on assembly involved protests against construction
projects and protests against the country's integration into NATO and
its participation in the Sea Breeze military exercise. The institute
noted that pro NATO demonstrations by the propresidential Our Ukraine
party were not banned by authorities. By contrast, in Crimea, according
to the Association of Independent Crimean Journalists, law enforcement
bodies restricted freedom of assembly for groups seeking to gather in
support of NATO and favoring the recognition of the 1932 33 Great
Famine (Holodomor), and Ukrainian Insurgent Army, while groups opposed
to these policies were allowed to demonstrate.
Authorities prohibited at least one progay demonstration, by the
Mykolayiv based organization for gays, lesbians, and bisexuals, Liga,
on the grounds that some religious organizations were against it and
there was the potential for disturbing the public peace.
The RI reported that on July 3, the Odesa District Administrative
Court upheld a lower court's appeal and forbade the Progressive
Socialist Party (PSPU) from gathering in the area of Chornomorske
village in Odesa Oblast from July 3 to 31. The PSPU intended to protest
a NATO Partnership for Peace military exercise that was scheduled to
take place there at that time.
On March 5, the Luhansk branch of the Committee of Voters of
Ukraine (CVU) filed an administrative appeal against the Severodonetsk
City Council's January 25 decision requiring permission of the city
council to hold sporting, musical, religious, and civic political
events in the Ice Palace of Sports, and banning all other activities.
The CVU was concerned that local authorities would permit political
events to be held at the arena based on their political preferences.
There were occasional reports that police used excessive force to
disperse unsanctioned protests. For example, Interior Minister Lutsenko
publicly admitted that police used excessive force on March 16 when
they dispersed protesters at a construction project on the grounds of
the Zhovtneva hospital in downtown Kyiv.
There were no reports of any investigation or charges related to
the violent dispersal by police of a protest against the erection of
the monument to Catherine the Great in Odesa in September 2007.
Authorities had banned protests at the site. In another case there were
no indications of the progress or outcome of an investigation opened in
September 2007 into the failure of Odesa police and city officials to
prevent supporters of the pro Russia Unified Motherland organization
from beating Ukrainian nationalists during a demonstration.
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. Registration
requirements for organizations were extensive, but there were no
reports that the Government used them during the year to disband
existing legitimate organizations or to prevent new ones from being
formed.
On April 3, the ECHR ruled unanimously in the case of Koretskyy and
Others v. Ukraine that authorities violated the freedom of association
provisions of the European Convention on Human Rights when they refused
in 2000 to register a civic association whose aims related to
environmental preservation.
The law places restrictions upon organizations that advocate
violence or racial and religious hatred, or that threaten public order
or health. According to the PGO, the SBU opened criminal investigations
of two separatist groups, the Popular Front Sevastopol Crimea Russia
and the Association 'Sejm of Pidkarpattia Rusyns, for holding
demonstrations.
Freedom of Religion.--The constitution and the law provide for
freedom of religion, and the Government generally protected this right;
however, some minority and nontraditional religions experienced
difficulties in registration and in buying and leasing property. There
is no formal state religion, but local authorities at times favored the
religious majority in their particular regions.
The law requires that a religious group register its ``articles and
statutes,'' either as a local or a national organization, and to have
at least 10 adult members in order to obtain the status of a
``juridical entity.'' Registration is necessary to conduct many
business activities, including publishing, banking, and property
transactions. The Spiritual Directorate of Muslims of Ukraine reported
some difficulties with registering new religious communities in Crimea
due to what it considered the political bias of some local authorities.
Religious organizations, including members of the All Ukraine
Council of Churches and Religious Organizations, continued to complain
that despite their repeated requests, parliament did not adopt
legislative amendments to give them the right to own or permanently use
land plots. As a result they continued to pay commercial rates to rent
the land on which places of worship and other religious buildings were
located. They also complained that their organizations did not receive
exemption from paying value added taxes despite requests for a more
favorable status.
Some religious communities encountered difficulties in dealing with
the municipal administrations in Kyiv and other large cities to obtain
land and building permits or to rent office space. However, these
problems were not limited to religious groups and in many cases could
be attributed to financial reasons rather than bias against a
particular religious community.
On September 2, the city administration authorized work to rebury
the human remains on the site of a former Jewish cemetery in Vinnytsya,
following protests by the Jewish community against the construction of
a residential building on the site.
At year's end commercial construction on the site of the former
Lviv synagogue and surrounding buildings was halted pending an
archeological study. Representatives of the Jewish community had
protested the construction.
In August the Jewish community reiterated previous complaints that
the open air Krakivskiy Market in Lviv was located on the grounds of an
ancient Jewish cemetery and that periodic digging to erect market
kiosks disturbed the sanctity of the site. They called on the city to
relocate the market. The city offered to construct a memorial park on
the remaining undeveloped part of the cemetery in 2010 but explained
that it could not relocate the market because some of the buildings at
the market were private property.
The representative in Crimea of the Ukrainian Greek Catholic Church
complained that the Yalta Municipal Council refused to finalize the
allocation of a land plot for the construction of what would be the
only Greek Catholic church in the city. They also mentioned reluctance
of municipal governments in Simferopol and Yevpatoriya to allocate land
for church construction.
Restitution of communal property confiscated by the Soviet regime
remained a problem.
The law restricts the activities of foreign based religious
organizations and narrowly defines the permissible activities of the
clergy, preachers, teachers, and other noncitizen representatives of
foreign based religious organizations; however, there were no reports
that the Government used the law during the year to limit the activity
of such religious organizations.
The Government promoted interfaith understanding by frequently
consulting the All Ukraine Council of Churches and Religious
Organizations, whose membership represented the faiths of more than 90
percent of the religiously active population. The council met every two
or three months, giving members and government representatives the
opportunity to discuss interfaith concerns. Regional administrations
and local religious leaders in most regions have formed regional
councils of churches and religious organizations.
Societal Abuses and Discrimination.--Tensions continued between the
Ukrainian Orthodox Church Kyiv Patriarchate (UOC KP), the Ukrainian
Orthodox Church Moscow Patriarchate (UOC MP), and the Ukrainian
Autocephalous Orthodox Church (UAOC) when congregations attempted to
change jurisdictions between the factions. For example, the UOC MP, UOC
KP, and the local government did not resolve differences over the use
of the Holy Trinity Church in Rokhmaniv Village in Ternopil Oblast
after the congregation split between the churches. In another example,
the UOC KP and UAOC were unable to settle their dispute over the
ownership of the St. George Church in Odesa that resulted from the
decision of an archpriest in charge of the parish to change affiliation
from the UOC KP to the UAOC.
Vandalism of religious sites and monuments continued to be a
problem. According to media reports, from January to mid May, the
Ministry of the Interior registered 873 instances of desecration of
burial sites around the country. There were also several instances in
which churches and cemeteries were vandalized.
On March 3, unidentified vandals overturned a cross located near
the Holy Nativity Cathedral of the UOC MP in Severodonetsk, Luhansk
Oblast. The cross was erected in memory of victims of the Soviet era
famine. In late March vandals destroyed a crucifix and painted graffiti
at the Armenian Cathedral in Lviv.
In mid April police detained three secondary school students who
damaged more than 100 gravestones at two Christian cemeteries in
Dobropillya, Donetsk Oblast.
On June 25, two men vandalized the sanctuary and damaged icons at
the Dormition Church of the UOC MP's St. Nickolas Monastery in the
Korop District, Chernihiv Oblast, and injured two monastery staff who
tried to stop the desecration. One attacker was detained.
In July Crimean police detained three students on charges of
desecrating a Christian cemetery. From April 2007 to March 2008, the
suspects allegedly committed eight acts of vandalism at a cemetery in
the Simferopol District.
There were no developments regarding the investigations into the
April 2007 vandalism and painting of antireligious symbols on a UOC MP
church and gravestones in Izmail, Odesa Oblast, and into damage done to
35 gravestones in April 2007 at a Muslim cemetery in the village of
Sofiyivka near Simferopol.
During the year police made no progress in their investigation of
the 2006 attack on a foreign missionary of Jehovah's Witnesses near his
home in Kremenchuk in Poltava Oblast, and none was expected.
There were no reports of developments in the April 2007 vandalism
of more than 400 tombstones at a cemetery in Mariupol.
There were a number of acts of anti Semitism, including physical
attacks on Jews and vandalism of Jewish community institutions. Anti
Semitic violence was part of an overall increase in violent hate crimes
during the year. According to an April 10 report by the Jewish and
Israel News, one of every five hate crimes committed in the country
since January 2007 was directed against Jews. In November Viacheslav
Likhachov, a local human rights monitor, reported that there had been
five anti Semitic attacks on persons and 10 incidents of vandalism in
the first 10 months of the year. He noted that this was an improvement
over the same period in 2007, when there were eight victims of attacks
and 21 incidents of vandalism.
On September 13, a group of youths shouting anti Semitic abuse
assaulted Vinnytsya Rabbi Shaul Horovitz, his young son, and a friend.
Police arrested the attackers. In September a local court ordered the
attackers to pay a fine for committing an act of ``hooliganism.''
There was no progress in the police investigation of several
violent attacks against Jewish citizens in Zhytomyr in 2007. City
authorities increased police patrols near the synagogue, but the Jewish
community remained concerned about its safety.
Synagogues, cemeteries, and Holocaust memorials were vandalized on
several occasions, particularly in Kirovohrad, where the Choral
Synagogue was vandalized at least three times during the year.
According to representatives of the local Jewish community, law
enforcement authorities made no progress in the investigation of the
incidents.
In November 2007 and again in April, vandals in Zhytomyr set fire
to a cemetery memorial to the prominent Jewish leader, Rabbi Aharon.
They also painted antireligious symbols on the walls of the memorial.
Following the second incident, law enforcement agencies arrested two
teenagers who claimed that a fire they set to keep warm accidentally
spread to the memorial. No explanation for the graffiti was reported,
nor were there reports that the teenagers were charged.
There were several incidents in which hate speech against Jewish
persons was combined with hate speech against other groups. On May 16,
for example, a group of youths representing the extremist nationalist
groups UNA UNSO and the National Labor Party of Ukraine gathered in
front of the Russian embassy in Kyiv shouting anti Semitic and anti
Russian slogans.
Anti Semitic articles appeared frequently in small publications and
irregular newsletters, although such articles rarely appeared in the
national press. The Interregional Academy of Personnel Management
(MAUP), which reportedly receives significant funding from several
Middle Eastern government sources, remained the most persistent
publisher of anti Semitic materials, although the volume dropped in
comparison to 2007. MAUP, which claimed to have a membership of more
than 50,000 students, published a monthly journal Personnel and a
weekly newspaper Personnel Plus, which were the subjects of an ongoing
criminal investigation by the PGO.
According to the Association of Jewish Organization and Communities
of Ukraine (VAAD), the national print media published 17 anti Semitic
materials from January through March, compared to 147 in the third
quarter of 2007 and 75 in the fourth quarter of 2007. VAAD attributed
the ``sharp decrease'' in the overall number of anti Semitic
publications to the gradual ``curtailment'' of MAUP's anti Semitic
campaign. In previous years MAUP accounted for nearly 90 percent of all
published anti Semitic material.
The Supreme Court in March dismissed MAUP's lawsuit against the
Jewish Confederation of Ukraine and its publication, The Jewish
Observer, over articles criticizing MAUP's anti Jewish and anti Zionist
activities. However, MAUP's lawsuit against the mayor of Kyiv charging
that his May 2007 order removing MAUP's bookstand near the Babyn Yar
massacre memorial site abridged its freedom of speech was pending at
year's end.
Some leaders within the Jewish community criticized President
Yushchenko's 2007 decision to confer a posthumous award on Ukrainian
Insurgent Army leader Roman Shukhevych. They asserted that the
controversial figure was involved in assisting Nazi German forces in
massacring Ukrainian Jews during the Second World War.
On July 29, members of Stars, a Jewish youth program, were beaten
during a fight with neighbors over a noise complaint. The neighbors
screamed anti Semitic slogans during the fight. One of the activists
sprayed the attackers with noxious gases. No one was seriously injured.
In August posters calling for a boycott of kosher products were
found on a message board outside a Russian Orthodox cathedral in
Kamyanets Podilsky. (The church has been under renovation for 10 years
and was not open to the public). Senior clerics reiterated their
condemnation of such materials left by unsanctioned organizations
claiming to represent the Orthodox Church.
On September 18, two Jewish leaders in Kherson, Oleksandr Vayner,
the director of the Kherson Jewish Charitable Community Center, and
Vitaly Bronshtein, the chairman of the Kherson branch of the Council of
Regions of the Jewish Conference of Ukraine, accused Serhiy Kyrychenko,
a member of the city council, of spreading anti Semitic propaganda.
According to their accusation, Kyrychenko has made several appearances
on the local radio show ``Vik'' accusing Jews of robbing the national
population and plotting to enslave Ukrainians and exterminate Slavs.
During the summer the SBU exposed a plot by a group of ultra right
extremists led by a former policeman in Kirovograd to blow up
Kirovograd's Choral Synagogue. Serhiy Tkachuk, the head of the local
Ukrainian Security Service, stated that leaders of the group studied
literature on Nazi Germany and Hitler and planned to attack local Jews.
The group also was reported to have been planning assaults against
foreigners. Members of the group were detained but later released after
law enforcement officials threatened them with prosecution if they
continued their criminal activity. UNIAN reported on October 7 that the
SBU forwarded the case to the Kirovohrad prosecutor's office for
further investigation.
On November 22, representatives of the Poltava Oblast Society of
Soviet Political Prisoners and the Repressed put up seven wooden
crosses on land in Poltava meant for a synagogue. According to the
group, the crosses were erected to commemorate the anniversary of the
Stalin era famine and they did not know the land was intended for
construction of a synagogue. Rabbi Yosef Yitzchak Segal stated that it
was a provocation aimed at stirring religious hatred in the city. The
Poltava Mayor's Office described installation of the crosses on the
land plot as unauthorized and illegal. Unidentified individuals removed
the crosses on November 26.
On December 4, in Rivne, vandals smashed windows in a synagogue.
The vandals were not identified, and the police investigation continued
at year's end.
On December 19, members of the far right Svoboda Party on the Lviv
City Council asked that charges be brought against leaders of Chesed
Arye, a Jewish organization in Lviv, for distributing a film to schools
in the city about the extermination of the Lviv Jewish community during
World War II. Representatives of the political party claimed the movie
was an inaccurate depiction of local residents.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/dr//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 in the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights. The
Government cooperated with the Office of the UN High Commissioner for
Refugees (UNHCR) and other humanitarian organizations to provide
protection to asylum seekers, stateless persons, and other persons of
concern.
Citizens who wished to travel abroad were able to do so freely.
Exit visas were required for citizens who intended to take up permanent
residence in another country, but there were no known cases of exit
visas being denied to citizens during the year. The Government could
deny passports to individuals in possession of state secrets; such
individuals could appeal.
The law prohibits forced exile, and the Government did not employ
it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. However the lack of a clearly defined migration policy and
the lack of a clearly designated central government authority
responsible for asylum and refugee procedures impeded the adjudication
of asylum and refugee status. The Government provided temporary
protection for up to one year to persons who may not qualify as
refugees under the 1951 convention and the 1967 protocol.
In 2007 the Cabinet of Ministers led, by then prime minister Viktor
Yanukovych, issued a resolution designating the SCNR as the central
executive authority for migration. On June 18 and July 30, the Cabinet
of Ministers, led by Prime Minister Yulia Tymoshenko, issued two
resolutions, granting the Ministry of the Interior the same status as
the SCNR without revoking the November 2007 resolution, thereby
creating dual authority in the migration system. These resolutions were
terminated by the president on July 21 and August 14 respectively, and
the president and the ombudsman asked the Constitutional Court for an
opinion on the constitutionality of these government resolutions.
Ombudsman Karpachova argued that migration policy should be
administered by a new civilian body and that police should not be
responsible for migration management because it would conflict with
their enforcement responsibilities toward migrants. In an October 3
article in the newspaper Holos Ukrayiny, then chairman of the
Parliamentary Committee on Human Rights, National Minorities, and
Interethnic Relations, Ihor Sharov, also supported a single independent
government migration authority not subordinate to a security ministry.
In December the president issued a decree ordering the Cabinet of
Ministers to set up a central migration authority in the executive
branch by the end of the year. However, at year's end the Ministry of
the Interior remained the de facto authority for migration issues,
while the SCNR also preserved its functions in the area of migration.
On March 4 5, local human rights organizations picketed a Council
of Europe conference in Kyiv, claiming that the existing asylum system
was ineffective, with less than three percent approval of asylum
applications, and that it was nontransparent.
In October 2007 the UNHCR advised states to refrain from returning
third country asylum seekers to the country because of the lack of
assurances of readmission, lack of access to fair and efficient refugee
status determination procedures, unavailability of treatment in
accordance with international standards, and the absence of effective
protection against deportation to countries where there is reason to
believe their lives or freedom would be threatened.
Administrative courts, responsible for reviewing appeals of
disapproved asylum applications, were overwhelmed by work, leading to
lengthy delays. According to the Code of Administrative Justice, the
court process is conducted in the Ukrainian language and a shortage of
bilingual interpreters aggravated the problem of timely court
examinations of cases.
On July 2, the District Administrative Court of Kyiv found the
PGO's decision to deport Chechen refugee Lema Susarov to Russia to be
unlawful and ordered his release. Susarov, who had been in detention
since July 2007 while appealing the deportation order, was released on
July 4 and allowed to resettle in Finland. His release and resettlement
were made possible by the concerted efforts of a number of domestic and
international human rights organizations, as well as the UNHCR office
in the country and the Office of the Ombudsman.
The Government provided some protection against the expulsion or
return of refugees to a country where there is reason to believe their
lives or freedom would be threatened. However, there were notable
exceptions to these protections during the year.
At a January 25 press conference, the head of the VGHR, Dmytro
Groisman, independent legal counselor Tetiana Montian, and journalist
Yuriy Boiko accused Interior Minister Yuriy Lutsenko of giving an
unlawful order to arrest Russian opposition activist Mikhail Gangan and
keep him in detention for three days without charge. On July 21, he was
granted refugee status following active advocacy on his behalf by local
human rights groups.
In early March the VGHR, Amnesty International (AI), and the UNHCR
office in Kyiv released statements opposing the authorities' return,
against their will, of 11 ethnic Tamil asylum seekers to Sri Lanka
following a Khmelnytskiy Oblast local court decision on February 27.
Human rights groups asserted that the deportees had not been granted
the right to appeal the court's decision, were not provided with
interpreters and independent legal counsel while in detention, and were
mistreated by guards. Human rights groups were concerned that they
would be at risk of serious human rights violations upon their return
to their home country. All of them had been registered with the UNHCR
in Kyiv between August 2007 and January, and six had applied to the
migration authorities for refugee status.
According to the VGHR, on May 23, authorities extradited four
individuals to Russia who had not completed the process of refugee
status determination.
The Kharkiv Group for Human Rights (KGHR), the UHHRU, and VGHR
urged the president to dismiss Prosecutor General Medvedko, who ordered
extradition of Russian Oleg Kuznetsov on July 28, despite a court
decision confirming his refugee status and banning his extradition.
In a May 5 submission to the UN Human Rights Council, HRW expressed
concern that many migrants, especially Chechens, remained at risk of
being returned to countries where they could face torture or other
mistreatment. According to HRW, authorities denied many asylum seekers
in need of protection or refugee status on procedural grounds or failed
to evaluate correctly the conditions in their countries of origin.
Human rights groups noted that the current law on refugees does not
provide protection for war refugees, victims of indiscriminate
violence, or failed asylum seekers who could face the threat of torture
or loss of life or freedom if deported. Informed observers reported
that the Government may have repatriated Chechen refugees to Russia.
According to the UNHCR, an overly complicated and burdensome system
of registration often left asylum seekers without registration
documents during the protracted review of their cases and the appeal
process. This left them vulnerable to frequent police stops, detention,
and fines. Refugees and asylum seekers, who frequently came from Africa
and Asia, were the victims of a growing number of xenophobic attacks.
Asylum seekers in detention centers were sometimes unable to apply for
refugee status within prescribed time limits and had limited access to
legal and other assistance. The problem was further complicated by the
lack of access to qualified interpreters, often needed to complete
registration documents.
There were no developments in the involuntary return of 11 Uzbek
asylum seekers to Uzbekistan in 2006. Human rights groups expressed
concern that no officials involved in their deportation were held
accountable.
On December 18, ECHR called for the postponement of the extradition
of Uzbek asylum seeker Abdumalik Bakaev until his case could be fully
reviewed. The NGO Social Action reported that on December 4 Bakaev was
arrested and detained for three days at a district police office in
Kyiv. On December 8, after hearing appeals by Social Action, the
Holosiyiv District Court in Kyiv refused to sanction his temporary
arrest and Bakaev was released.
The country remained a destination and transit country for
migrants. According to press releases by the Ministry of the Interior,
law enforcement bodies apprehended 8,399 irregular migrants in the
first six months of the year, compared to 7,645 for the same period in
2007. The State Border Guard Service reported that the number of
irregular migrants apprehended dropped by 28 percent compared with the
previous year. Of the 7,955 irregular migrants expelled from the
country during the first six months of the year, 1,206 were deported
involuntarily. For the same period in 2007, the figures were 6,981 and
1,208, respectively.
There are no legal provisions for voluntary return. Since 2005 the
country's office of the International Organization for Migration (IOM),
in cooperation with the State Border Guard Service and the Ministry of
the Interior, has operated the Program on Assisted Voluntary Return
(AVR), helping stranded migrants and failed asylum seekers to return to
their countries of origin. The IOM confirmed that the Government
continued to refer cases for AVR during the year but noted that it had
not established systematic referral procedures, which resulted in
inconsistent access to AVR.
Media reported that the Pavshyne Migration Detention Center in
Zakarpattia Oblast was officially closed on December 4. The center had
been criticized by human rights groups in previous years for its harsh
conditions. Most of the detained migrants were transferred to new
facilities in Chernihiv and Volyn oblasts that met European Union (EU)
standards.
On various occasions during the year, Interior Minister Lutsenko
was criticized by human rights groups for attributing the increase in
hate crimes to the growing number of irregular migrants in the country,
and in July he was accused of making racist statements about immigrants
from Asia. Lutsenko claimed that his remarks about Asian immigrants
were taken out of context. In a speech at a Council of Europe
conference on September 4 5, Lutsenko stated that the ministry's
``efforts in combating irregular migration are based on two principles:
human rights and protecting state interests.''
On September 23, parliament ratified a readmission agreement with
Russia, signed in 2006. Similar to the EU readmission agreement, the
document does not contain special provisions for the protection of
refugees and asylum seekers to ensure that individuals have access to
fair consideration of their cases before transfer to a country of
transit/origin. NGOs were concerned that this could lead to the
involuntary return of Chechen refugees without considering the risk of
exposure to human rights violations.
Refugees received minimal material assistance and little
opportunity to study Ukrainian; there were no procedures to facilitate
their employment.
Stateless Persons.--According to the law, citizenship is acquired
through birth, territorial origin, naturalization, restoration of
citizenship, and adoption. Dual citizenship is not allowed. The
Ministry of the Interior and bodies under its jurisdiction received
applications for citizenship and forwarded them along with
recommendations to the President's Commission for Citizenship.
The number of stateless persons was difficult to determine, and the
figures from different sources may overlap. According to the European
Council on Refugees and Exiles and local NGOs, there were 3,000
stateless persons who arrived in the early 1990s fleeing the conflict
in Georgia. The UNHCR estimated that there were 63,577 stateless
persons in 2006, including 8,246 registered de jure as stateless by the
Ministry of the Interior. There were an estimated six thousand formerly
deported Crimean Tatars who returned to Crimea but have not registered
as citizens, as well as lesser numbers from Abkhazia and Georgia. The
stateless also included an unknown number of persons who either lived
in the country for decades but failed to clarify their citizenship
status after the collapse of the Soviet Union in 1991, or who arrived
in the country as students or visitors both before and after 1991 and
remained (often illegally) but failed to register with their consulates
or take other steps required by their country of origin. Many continued
to hold Soviet passports and did not obtain residency documents after
the breakup of the Soviet Union.
Persons who fled conflicts in nearby regions, including Abkhazia,
faced difficulties in regularizing their status and had trouble with
access to employment and property rights. While the Government
initially allowed migrants from Abkhazia to obtain temporary residence,
including access to employment, medical care, and education, many lost
these rights when they failed to reapply for a residence permit when
the Law on Immigration came into effect in 2001. In response to
complaints, the Government extended the residency application period
for Abkhazians in 2006 and again in May 2007. However, human rights
organizations reported in May 2007 that many were unable to extend
their registration at the Ministry of the Interior. According to the
UNHCR, they may be considered de facto stateless since they do not
enjoy the protections of their country of origin or of Ukraine.
A 2006 presidential decree allowing any foreign national residing
legally in the country to register their child born in the country as
Ukrainian citizens within three months of submission of an application
gave children of asylum seekers and refugees from Georgia the right to
gain citizenship without being included in immigration quotas.
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 of universal
suffrage.
Elections and Political Participation.--In response to the collapse
of the ruling democratic coalition in September, President Yushchenko
on October 9 called for preterm parliamentary elections on December 7.
That election did not take place; instead, a new coalition was formed
on December 16.
Mayoral and city council elections were held in Kyiv on May 25;
they were scheduled by parliament in advance of the normal election
cycle in response to corruption allegations and as a result of ongoing
political disagreements. The incumbent mayor, Leonid Chernovetskiy, was
reelected. Seven political parties and blocs won seats to the Kyiv City
Council.
CVU assessed the elections as free and transparent and stated that
``observers and mass media had full access to all electoral
procedures.'' However, the CVU found these elections less democratic
than the preterm parliamentary elections of 2007, mainly due to what it
described as vote buying and unbalanced media coverage of the electoral
campaign. Incomplete and incorrect voter lists remained a problem.
In a report released during the year CVU highlighted the following
problems with the country's election procedures: the absence of an
election code; frequent changes to electoral procedures influenced by
party politics; the nontransparent procedure of selecting a voting
software design agency; what it called the ``politically biased''
Central Election Commission; a low level of professionalism among local
electoral commissioners; and vote buying.
Individuals and parties could, and did, freely declare their
candidacy and stand for election.
To be registered at the national level, political parties had to
maintain offices in one half of the regions and could not receive
financial support from the Government or any foreign patron. The
Supreme Court reserved the right to ban any political party upon the
recommendation of the Ministry of Justice or the prosecutor general. No
parties were banned during the year.
As of September 22, there were 36 female members of the 450 seat
parliament; women held the posts of prime minister, minister of labor
and social policy, secretary of the National Security and Defense
Council, head of the state treasury, the ombudsman, the deputy chief of
staff/advisor to the minister of the interior, and deputy defense
minister. The 18 member constitutional court had two female members.
The exact number of minorities in parliament and the cabinet was
not available due to privacy laws.
Crimean Tatar leaders continued to call for changes in the
electoral law that would give them greater representation in the
Crimean and national parliaments. The law does not allow the creation
of regional political parties, so Crimean Tatars had to join national
political parties or blocs. Only one Crimean Tatar was a member of the
national parliament. According to the Crimea information portal, the
Crimean Tatars, who make up 13 percent of the population of Crimea,
occupied seven seats in the 100 member Crimean parliament. Eight of the
25 senior officials in the Crimean government were Crimean Tatars,
including one deputy prime minister and the minister for labor and
social policy, the chairman of the Crimean government Committee on
Inter Ethnic Relations and Deported Peoples, and the chairman of the
Crimea government information committee. Two of the 14 heads of raion
(county level) administrations were also Crimean Tatars. Crimean Tatars
remained underrepresented in city councils and city administrations.
For example,neither the mayor of Simferopol nor any of the deputy
mayors was a Crimean Tatar. The Crimean Tatar representative body, the
Mejlis, was not legally recognized by national authorities.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption; however the Government did not
enforce the law effectively, and officials often engaged in corrupt
practices, at times with apparent impunity. Corruption remained a
serious problem in the executive, legislative, and judicial branches of
the Government, including the armed services. According to Interior
Minister Yuriy Lutsenko, each year police and prosecutors register
approximately 1,500 instances of bribery; however, only an average of
40 offenders a year are convicted of bribery.
The Interior Ministry's unit for combating organized crime recorded
1,063 crimes by law enforcement personnel related to their duties, of
which 273 involved abuse of office and power, 56 involved excessive use
of power or office, and 313 involved bribes. The ministry established a
special hot line to take reports of corruption. Jointly with State
Judicial Administration, the Ministry of the Interior established a
special hot line to take reports on judicial corruption.
The SBU reported that its special units and other law enforcement
bodies initiated 1,939 criminal investigations of alleged corruption
and brought administrative charges against 882 government officials
during the first six months of the year. According to the Interior
Ministry, police uncovered more than 3,000 crimes involving bribery; of
1,600 individuals caught for taking bribes, 367 were government
employees.
The PGO confirmed that in the first 10 months of the year, eight
judges were found criminally liable for corruption and six judges faced
criminal charges of corruption. During the first nine months of the
year, prosecutors initiated 1,271 criminal cases of corruption against
1,410 individuals, compared with 1,129 cases against 1,237 individuals
in the same period a year ago. During the first 10 months of the year,
military prosecutors opened 164 criminal cases for corruption, of which
27 involved military police and 137 involved other military personnel.
According to the February survey by the project ``Promoting Active
Citizen Engagement in Combating Corruption in Ukraine,'' almost 63
percent of respondents described public servants as very corrupt, and
19 percent of those polled said they engaged in corrupt activities with
public servants to obtain state services in the previous 12 months.
There were no developments in the investigation of Oleksiy
Ivchenko, the former chairman of Naftohaz, the country's national oil
and gas company, for alleged corruption in 2005 06. Ivchenko, the
leader of the Congress of Ukrainian Nationalists, claimed the
accusations were politically motivated. On March 3, the SBU initiated
an investigation of other Naftohaz officials suspected of embezzling
state funds.
On February 9, former transportation minister Mykola Rud'kovskiy
was arrested for not cooperating with an investigation into corruption
allegations against him. The SBU alleged that he went on a spree of
international charter flights that cost the taxpayers one million
hryvnia (approximately $130,000), while Rud'kovskiy claims that the
travel was state business. The minister of the interior accused
Rud'kovskiy of misusing more than 8.5 million hryvnia (approximately
$1.1 million) in state funds. He was released from detention by the
Kyiv Appeals Court on February 19 on a pledge not to leave the country.
On October 7, the Pechersk District Court in Kyiv forwarded his case to
the Kyiv prosecutor's office for further investigation, arguing that
the pretrial investigation violated criminal procedure law.
On January 4, the Sumy District Court found former Sumy mayor
Volodymyr Omelchenko guilty of extortion in 2006 and sentenced him to
three years' imprisonment, with a one year suspended sentence.
On July 3, the Silski Visti newspaper reported that the largest
bribery cases recorded by the Ministry of the Interior during the year
were 26 million hryvnia (approximately $3.4 million) to a village
leader and village council member in Crimea for allocating a land plot;
3 million hryvnia (approximately $387,000) to the head of a city
council and his assistant in Dnipropetrovsk Oblast; and 2.3 million
hryvnia (approximately $300,000) to a village leader and village
council member in the Vasylkivskiy District in Kyiv Oblast.
On October 2, the PGO opened a criminal investigation of the head
of the Lviv Administrative Court of Appeals, Ihor Zvarych, for
allegedly accepting large sums of money as bribes. On December 12, the
Supreme Council of Justice, following the president's appeal, dismissed
Zvarych from his post. In December he was stripped of judicial immunity
and a warrant was issued for his arrest. He disappeared shortly
thereafter, and remained at large at year's end.
On December 4, UNIAN reported that the SBU detained the Interior
Ministry's deputy chief of internal security for taking a bribe in the
amount of 960,000 hryvnia (approximately $124,000). The Pechersk
District Court in Kyiv decided to not launch a criminal case.
Prosecutors planned to appeal the court's decision.
There were no developments regarding the arrest warrant ordered by
parliament in February 2007 for Judge Oleh Pampura on charges of
demanding a bribe to reduce a court sentence. Press accounts at the
time reported that Pampura was in hiding.
There were no further developments regarding the 2007 arrest of a
former judge of the Kalynivskiy District Court in Donetsk Oblast, Vadym
Sydorenko, for accepting a bribe in 1999.
The law requires officials to file financial disclosure statements,
although these often underreport actual income. The Law on Combating
Corruption designates special subdivisions at the Ministry of the
Interior, the SBU, prosecutors' offices, and the Military Law and Order
Service (military police) as responsible bodies for combating
corruption.
The constitution and the law give the public a right to access
official information, except that related to national security.
Government bodies are required to respond to information requests
within 10 days and to provide the information within 30 days. Denials
can be appealed to a higher level at the agency concerned and then to a
court. However, many human rights organizations and journalists stated
that access to official information remained difficult during the year
and no implementing legislation that might improve it was enacted.
Government officials often did not understand the rules defining
releasable information, and Soviet style attitudes and traditions of
secrecy were prevalent.
On December 4, human rights organizations criticized the Ministry
of Health for being the most nontransparent government body. They
claimed that the ministry failed to respond to information queries and
unlawfully classified documents that should be in the public domain.
On June 10, the Administrative Court of Donetsk Oblast declared
that SPD chairman Vasyl Koshchynets's refusal to give the Donetsk based
NGO Memorial statistics on the number of deaths in SPD facilities was
unlawful. However, there were no reports indicating Koshchynets
subsequently released the information or that he was punished for not
doing so.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights; however, government
officials were not uniformly cooperative and at times resisted taking
the views and recommendations of nongovernmental groups into account.
In one instance administrators of a correctional colony sought to sue a
human rights NGO for publicly describing alleged violations in
detention facilities, but the court rejected the suit.
Domestic NGOs could freely criticize the Government's human rights
performance. For example, on July 30, Yevhen Zakharov of KGHR
characterized governmental efforts in the area of human rights as
``chaotic, non systemic, and ineffective.'' He excepted the Ministry of
the Interior, which he said continued to cooperate with civic advisory
councils, mobile monitoring groups, and the new human rights monitoring
department within the ministry itself.
The SBU continued to work with its advisory council, consisting of
political leaders, NGO activists, and independent experts, to provide
civilian oversight and increase the transparency of SBU activities. In
April the SBU held a conference on promoting democratic values and
human rights within the SBU. Participants included government
officials, diplomats, and representatives of human rights NGOs.
According to the Ukrainian Psychiatric Association, the Ministry of
Health did not always cooperate with human rights groups attempting to
monitor abuses of psychiatry, especially in penitentiary institutions.
According to the UHHRU, the SPD cooperated with NGOs that provided
financial assistance to prison facilities but did not cooperate with
those that raised concerns about conditions and prisoners' rights in
its facilities.
In July the management of the correctional colony in Stryzhavka,
Vinnytsia Oblast, filed a defamation lawsuit against the VGHR, which
had released a statement on June 10 expressing concern about grave
violations of human rights, including the beating of prisoners, in
detention facilities. It noted the increased number of suicides of
detainees. On July 25, HRW released a statement urging prison officials
to withdraw the lawsuit. On July 28, the Leninskiy District Court in
Vinnytsia rejected the lawsuit because it was outside the court's
jurisdiction.
Major independent, nonpartisan, human rights NGOs and civil
liberties groups included CVU, KGHR, the Ukrainian Helsinki Human
Rights Union NGO coalition, AI Ukraine, the Institute for Mass
Information, the Chirikli Roma Women's Fund, the Ukrainian Union of
Psychiatrists, Kharkiv based Legiteam, La Strada Ukraine, the Congress
of National Communities of Ukraine, the Diversity Initiative network,
and VGHR.
The Government generally cooperated with international governmental
organizations, including the UN, the Organization for Security and
Cooperation in Europe, and PACE. Citizens may apply to the ECHR for the
redress of grievances involving an alleged infringement of rights under
the European Convention on Human Rights. The court announced that
during the year it handed down 110 judgments against Ukraine and that
8,250 applications were pending before the court. Most court judgments
involved violations of the right to a fair trial, violation of property
rights, and unduly lengthy proceedings. According to the Government's
ECHR commissioner, Yuriy Zaitsev, the ECHR issued 76 rulings in cases
involving Ukraine during the first nine months of the year, and the
Government enforced 67 ECHR rulings.
On January 18, a human rights monitoring department was established
in the Ministry of the Interior. Civilian assistants to the minister of
the interior were appointed in each oblast, as well as in Kyiv and
Sevastopol, to act as liaisons between the local population and the
central ministry and to assist with monitoring police observance of
human rights. The department also engaged in revising internal
procedures to bring them into compliance with international and
national human rights standards. In the first six months of its work,
the department carried out 374 inspections of regional police units,
met with more than 1,790 citizens, and initiated 470 investigations
into allegations of human rights abuse by police personnel.
A justice ministry advisory council, chaired by a civic leader,
continued to monitor the human rights situation in prison facilities.
Civic advisory councils continued to work with the Ministry of the
Interior, the State Penal Department, and the SCNR.
The constitution provides for the position of human rights
ombudsman, officially designated as the parliamentary commissioner on
human rights. The Ombudsman's Office marked its 10th anniversary during
the year and issued a special report on the implementation of
international human rights standards in the country. Although a number
of human rights organizations criticized the Ombudsman's Office for
inadequate responses to claims of human rights violations and for not
cooperating with human rights groups, the ombudsman was active in
addressing labor rights, children's rights, detention conditions,
refugee rights, migration policy, and xenophobia.
While noting some improvements in the performance of the
Ombudsman's Office, human rights experts expressed concern that the
public at large did not know how to bring complaints to the ombudsman;
there were also complaints that the office's activities lacked
transparency, that it did not respond to information queries, and that
its Web site, potentially a major avenue for communicating with the
public, was poorly updated.
A parliamentary Committee on Human Rights, National Minorities, and
Interethnic Relations was organized to deal with such issues as human
rights, interethnic relations, gender policy, indigenous peoples,
national minorities and ethnic groups, deported persons, victims of
political repression, ethnic policy, prevention of domestic conflict,
and refugees and migration.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination on the basis of race,
gender, and other grounds; however, the Government did not enforce
these provisions effectively, in part due to the continuing absence of
an effective judicial system and in part because the law does not
contain a mechanism providing protection against discrimination.
Violence against women and children; gender and age based
discrimination; trafficking in persons; harassment and discrimination
against ethnic minorities, homosexuals, individuals with disabilities,
and persons with HIV/AIDS; and a rise in xenophobic violence were
problems.
Women.--The law prohibits rape but does not explicitly address
spousal rape. A law against ``forced sex with a materially dependent
person'' may allow prosecution for spousal rape. According to the
Ministry of the Interior, during the first nine months of the year,
police recorded 654 incidents of rape or attempted rape, a decrease of
5.7 percent compared with the same period in 2007. Police identified
472 offenders, compared with 436 in 2007.
Violence against women remained a serious problem. Spousal abuse is
illegal but was common, and authorities often pressured women not to
press charges against their husbands. Advocacy groups asserted that the
percentage of women subjected to physical violence or psychological
abuse at home remained high. According to women's rights groups, only
one tenth of domestic violence cases were reported, and approximately
90 percent of domestic violence victims were women. At its meeting on
March 5, the Parliamentary Committee on Human Rights, National
Minorities, and Interethnic Relations concluded that there was no
integrated state policy to combat domestic violence.
According to the Ministry of the Interior, police cited more than
83,400 individuals for committing acts of domestic violence. During the
first nine months of the year, police issued 61,500 warnings and 4,800
injunctions for protection related to domestic violence. As a result of
complaints, 48,377 persons were fined, 222 were sentenced to community
service, and 6,307 were put under administrative arrest. Administrative
charges were brought against more than 76,300 individuals, of which
75,200 were for committing acts of domestic violence and 1,100 for
disobeying injunctions of protection.
Authorities operated six shelters for victims of domestic violence,
18 crisis centers for women, and 24 centers for psychological and
medical assistance. The law requires the Government to operate a
shelter in every major city, but in practice, they did not, in part due
to the lack of municipal funding and insufficient oversight from the
Ministry of Family, Youth, and Sports.
According to women's advocacy groups, private and municipally
funded shelters were not always accessible. Some did not function
throughout the year, and shelters in Kyiv did not admit women who were
not registered as Kyiv residents. Government centers offered only
limited legal and psychological assistance to victims of domestic
violence.
During the year Kyiv authorities ordered the Kyiv Women's Center to
vacate its city provided office in the city's Shevchenkivskiy district
in order to return the property to the city for sale or rent to another
organization. The fate of the center was uncertain at year's end,
despite numerous protests by women's advocacy groups. The city had
provided office space for the center since 1998.
Violence against women did not receive extensive media coverage,
despite the efforts of human rights groups to highlight the problem.
Prostitution is illegal but was widespread and largely ignored by
the Government. Sex tourism remained a problem. Trafficking in women
for sexual exploitation was a serious problem. Laws criminalizing
organized prostitution and penalties for human trafficking had little
effect because convicted traffickers often did not end up serving
prison time or received light sentences.
Women's groups reported that there was continuing, widespread
sexual harassment in the workplace, including coerced sex. While the
law prohibits forced sex with a ``materially dependent person,'' which
includes employees, legal experts regarded the safeguards against
harassment as inadequate.
Labor laws establish the legal equality of men and women, including
equal pay for equal work, a principle that generally was observed.
However, industries dominated by female workers had the lowest relative
wages. The labor code sets the retirement age for women at 55 and for
men at 60. Women received lower salaries and had limited opportunities
for advancement. In a submission to the UN Human Rights Council on May
5, HRW concluded that ``women do not enjoy equal access to employment
as a result of discriminatory attitudes among both public and private
employers, including discriminatory recruitment practices.''
Unemployment remained higher for women than men, and women worked four
to six hours longer than men.
Children.--The Government was publicly committed to the defense of
children's rights and welfare but did not adequately fund the provision
of education, health care, and other services for children.
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 attaining the mandatory age. According to the PGO, more
than three percent of school age children did not attend school in
2007. Many of these were employed in agriculture and illegal coal mines
or, in some cases, forced by their parents to beg in the streets. NGOs
reported that a lack of schooling remained a significant problem among
the rural population. In some cases rural schools were closed due to
the small number of school age children, forcing the remaining children
to travel long distances, often at personal expense, to attend schools
in other villages.
According to the PGO, in 2007 there were 103,000 child orphans and
children without parental care. Each year approximately 20,000 children
were placed in shelters to prevent their involvement in begging and
vagrancy.
Children continued to be victims of violence and abuse. During the
first half of the year, the Ministry of the Interior recorded 2,419
underage crime victims, including 130 rape victims, 23 victims of
abduction, 10 victims of exploitation, 41 victims of statutory rape,
190 victims of molestation, 578 victims of grave neglect by foster
parents and child care facilities, eight victims of foster care abuse,
1,261 victims of forced involvement in criminal activity, 150 victims
of forced use of narcotics, and 28 victims of human trafficking. During
the year the ministry cited 6,924 families for violence against
children and issued 2,744 warnings and 264 protective injunctions
concerning domestic violence against children. During the year police
opened 404 criminal cases involving domestic crimes against children,
including nine for infanticide, 96 for child molestation, 24 for sexual
relations with underage children, and 275 for intentionally inflicting
bodily injury. There were also many complaints of abuse related to
child prostitution, pornographic video sales, child molestation, and
illegal child labor. According to civil society groups, police often
did not investigate parents who allegedly abused their children.
No developments were reported regarding the 2006 criminal
investigation of police officers accused of illegally detaining and
raping a child in Zaporizhzhya Oblast or regarding the case of a
boarding school teacher accused of slamming the head of a sixth grader
against a desk and beating two other pupils in Kherson in 2006.
There were approximately 186,000 children with disabilities,
according to the chair of the Parliamentary Committee on Healthcare,
Tetyana Bakhteyeva. According to Valeriy Sushkevych, chair of the
Parliamentary Committee for Pensioners, Veterans, and the Disabled,
children with disabilities made up 2 percent of children in the
country. Almost 8,000 were in boarding schools under the Ministry of
Labor, and more than 10,000 were in boarding schools under the Ministry
of Education. Inspections by the PGO in 10 oblasts with large numbers
of children with disabilities revealed that local authorities failed to
address their needs adequately.
Advocacy groups claimed that there were instances of government-
funded facilities misappropriating funds intended for children with
disabilities. On March 24, Kyiv prosecutors reported that their
inspections of institutions for children revealed numerous
infringements of children's rights, mostly of orphans, children with
disabilities, and children without parental care. In particular, the
prosecutors determined that children in Kyiv orphanages did not receive
their social pensions. In one example, six children with chronic
diseases did not receive special meals regularly. Prosecutors ordered
that the children receive their meals and took disciplinary action
against the director of this orphanage.
There were no developments reported in the November 2007 case in
which the administration of the Torez specialized boarding school in
Donetsk Oblast used children with physical and mental disabilities from
the facility to sift and load coal, or in the 2006 case of 60 children
from orphanages and boarding schools in Sevastopol who were unlawfully
held in a local psychiatric hospital.
The All Ukrainian Network of Persons Living with HIV expressed
concern about discrimination against HIV positive children in
educational institutions. For example, on August 7, Ukrayina Moloda
reported that an orphanage in Kirovohrad refused to admit a six-year
old HIV positive boy abandoned by his mother. The NGO complained to the
department of education in Kirovohrad, but the department refused to
help, stating that there were no specialized facilities for HIV
positive orphaned children in the oblast.
According to the communications and public relations department of
the Cabinet of Ministers and independent children's rights experts, in
2007 there were approximately 130,000 homeless children in the country.
The commercial sexual exploitation of children remained a serious
problem. According to domestic and foreign law enforcement officials, a
significant portion of Internet child pornography continued to
originate from the country. According to the IOM, the antitrafficking
department at the Ministry of the Interior broke up an internet child
pornography ring. Investigators confiscated approximately 17.5 million
hryvnia (approximately $2.3 million) and evidence indicating the
production of child pornography. Several persons were arrested, and a
criminal case was opened against the administrators of a pornographic
Web site.
On February 1, the Western Ukrainian Informational Portal, ZIK,
reported that the prosecutor in the Yavoriv District of Lviv Oblast
opened an investigation of a man suspected of counterfeiting children's
travel documents for the purpose of trafficking them outside the
country.
There were no reported developments in the November 2007 Europol
operation that uncovered a worldwide child sex offender network,
including pornographic material produced in a studio in Ukraine.
Trafficking in Persons.--The law prohibits all forms of trafficking
in persons; however, there were numerous reports that persons were
trafficked from the country and a limited number of reports that
persons were trafficked to and within the country.
The country remained a country of origin for internationally
trafficked men, women, and children. Their main destinations were the
Middle East, Russia, Turkey, and Western and Central Europe-
particularly Poland, the Czech Republic, Italy, Germany, and Portugal.
The country was also a transit point for traffickers and victims from
Central Asia, Russia, and Moldova, usually to destinations further
west.
The IOM confirmed that both the number of identified victims of
trafficking for forced labor and of the number of criminal cases
related to labor exploitation increased during the year. These cases
posed a challenge to law enforcement and the judiciary, as there were
no guidelines from the Supreme Court on investigating and prosecuting
trafficking cases involving labor exploitation. Despite the lack of
guidelines, the IOM noted that several cases were successfully
prosecuted during the year.
The IOM reported that three individuals from Belarus, India, and
Nigeria were trafficked into the country.
The IOM also noted an increase in the number of identified cases of
internal trafficking and identified 17 such cases in the first half of
the year.
Of trafficking victims identified by the IOM during the year, 76
percent were women who had been forced into prostitution or used as
housekeepers, seamstresses, dishwashers, or as workers at various small
and large manufacturing plants. A small number of women with small
children and persons with disabilities were trafficked abroad for
begging. Men exploited for their labor comprised 24 percent of the
victims identified by the IOM. They worked mainly on construction sites
and in mines. Children trafficked across the border or within the
country were forced to provide sexual services, engage in unpaid work,
or beg.
According to the IOM, the main trafficking victims were women up to
30 years of age (for sexual exploitation), older women (for labor
exploitation), men of all ages (for labor exploitation), and children
under the age of 16 (both for sexual and labor exploitation). When they
were recruited, the majority of victims were employed but were earning
low salaries and thus were tempted by an offer of better wages abroad.
According to local NGOs, orphaned children, required to leave
orphanages at 18, were also at high risk, since they had no family
support structures, had difficulty finding work, and often had no place
to live.
Victims were usually trafficked into severe conditions that
included beatings, limited and poor quality food, no medical
assistance, and long hours of work.
Estimates of the number of local trafficking victims varied. A
survey conducted by the IOM and released in 2006 stated that
approximately 117,000 locals had been forced into exploitative
situations in Europe, the Middle East, and Russia since 1991. The
survey indicated that 80 percent of the victims were trafficked for
labor exploitation.
Employment, travel, marriage, and modeling agencies, as well as
individuals, were involved in recruitment. Most traffickers were
members of organized crime groups and had foreign partners. In some
cases they bribed corrupt officials to facilitate the movement of
victims abroad. The number of men and women among recruiters was almost
equal. Sometimes previously trafficked women served as ``success
stories'' to recruit potential victims, flaunting the money they had
ostensibly earned abroad. The majority of recruiters were identified as
citizens.
Traffickers continued to recruit by means of newspaper, television,
and radio advertisements promising high salaried jobs abroad, modeling
contracts, marriage proposals, or overseas trips through travel
agencies. Traffickers often presented themselves as friends of other
friends and deceived the relatives of potential victims. They often
paid for processing of victims' passports and travel, thus placing the
victims into debt bondage. In some cases traffickers kidnapped their
victims.
The law provides penalties of three to eight years' imprisonment
for trafficking in persons for sexual and labor exploitation and other
purposes. Traffickers of minors ages 14 to 18, and of groups of
victims, may be sentenced to five to 12 years. Traffickers of even
younger minors or members of organized trafficking groups may receive
eight to 15 years in prison.
As of November, according to interior ministry statistics,
authorities filed 304 trafficking cases, broke up 17 organized criminal
rings, brought criminal charges against 98 individuals, and forwarded
250 criminal cases to the courts.
During the first half of the year, courts completed 33 trafficking
cases, reaching guilty verdicts in 29 cases and convicting 43
defendants. Eighteen of the convicted defendants appealed, 16 received
suspended sentences, one was sentenced to up to three years in prison,
four were sentenced to three to five years in prison, and four were
sentenced to five to 10 years in prison. Courts heard but did not reach
a verdict in 70 additional cases over the same period. The percentage
of persons sentenced to prison rather than probation continued to
decline, from 43 percent in 2006 and 40 percent in 2007 to 36 percent
in the first six months of the year.
As of August 22, 707 private entrepreneurs and companies had
licenses to arrange employment abroad. The Government reported that it
regularly reviewed the licenses of domestic employment agencies. From
January 2007 through July, the Ministry of Labor and Social Policy
conducted 433 checks and invalidated 144 licenses. A few of these
actions resulted from involvement in trafficking. Some labor officers
reportedly overlooked violations in return for bribes.
Corruption in the judiciary and police continued to impede the
Government's ability to combat trafficking. NGOs asserted that local
police and border guards took bribes to ignore trafficking, and judges
did so in return for lighter sentences. The low number of prosecutions
of officials for trafficking related corruption raised questions about
the Government's willingness to take serious disciplinary action,
especially against high level officials. Antitrafficking experts noted
that prosecutors were often the weakest link in the fight against
trafficking due to their negative stereotypes of victims and their
failure to prosecute aggressively. The difficulty of obtaining evidence
from abroad was another factor contributing to the small number of
cases brought to court.
While some victims testified against traffickers, most were
reluctant due to lack of trust in law enforcement agencies and the
courts as well as concern over negative public opinion toward
trafficking victims, weak witness protection programs, and victims'
perception that investigators and judges did not understand the real
threats to victims from traffickers. Skepticism that civil courts would
award significant compensation deterred victims from filing civil
suits. During the year some authorities took steps to resolve these
problems. Two courts in Ivano Frankivsk were outfitted with a separate
witness room that enabled witnesses and victims of trafficking and
other serious crimes to testify safely and, if necessary,
confidentially through a video or telephone connection. The arrangement
allowed judges to protect the rights of the victims, witnesses, and
defendants while examining evidence in a case and gave prosecutors the
ability to offer reluctant witnesses security and protection during a
court trial.
Local NGOs operated some shelters in major cities with local
administrations providing the premises at a nominal fee. Government
funding for these facilities continued to be limited. Nevertheless, a
toll free hot line offering advice and warnings regarding employment
abroad continued to operate and provided assistance to persons who were
exploited while abroad.
Government cooperation with NGOs on antitrafficking programs was
steady during the year. Local administrations continued to include NGOs
as partners in their regional action plans, but international donors
continued to provide most of the funding for informational materials,
free or inexpensive offices, and shelters. However, local authorities
provided modest financial and in kind assistance to NGOs, including
small grants ranging from 500 hryvnia (approximately $65) to more than
19,000 hryvnia (approximately $2,450) for prevention campaigns,
training, publishing informational materials, transportation, and free
use of premises for training and prevention activities.
During the year several television stations broadcast documentary
films and informational programs highlighting the danger of human
trafficking. NGOs conducted general awareness campaigns throughout the
country, often in cooperation with government entities.
The Government worked to improve assistance provided by its
diplomatic missions to victims in destination countries. In the first
nine months of 2007, the country's overseas consulates helped
repatriate 353 citizens who were victims of trafficking. The Ministry
of Foreign Affairs set up a center in Kyiv and five other major cities
to provide free consultations to citizens regarding their rights in
foreign countries.
The State Department's annual Trafficking in Persons Report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and other state services. However, advocacy groups
maintained that the Government did not effectively enforce these
provisions and that the efforts by the Government, the such as the
social psychiatry unit within the Ministry of Labor and Social Policy
whose function is to monitor the country's psychiatric boarding
schools, were undermined by a lack of resources. The National Assembly
of the Disabled criticized the Ministry of Family, Youth, and Sports,
the main government body responsible for promoting the rights of youth
with disabilities, for not including reference to the needs of these
youth in the ministry's annual reports.
Government estimates of the number of persons with disabilities
varied between 2.4 to 2.7 million. According to chair of the
Parliamentary Committee on Healthcare, Tetyana Bakhteyeva, there were
186,000 children with disabilities. The law mandates access to
buildings and other public facilities for persons with disabilities,
but it was poorly enforced. Some efforts were made to improve access to
government and public buildings in accordance with a 2005 presidential
decree, but most public buildings remained inaccessible, thereby making
access to essential services and activities such as employment,
education, health care, transportation, and financial services
extremely difficult.
NGOs expressed concern over the lack of programs to promote the
integration of students with disabilities into the general student
population. They also noted that the lack of needs assessment programs
by state funded employment centers led to the placement of graduates
with disabilities in inappropriate jobs. Advocacy groups noted that
university graduates with disabilities often ended up in menial jobs or
being hired to meet government quotas but then being told not to come
to work. According to the Zakarpattia Regional Center for Social Labor
Rehabilitation and Vocational Training, a large number of children with
disabilities did not go to school because special education programs,
particularly for children with profound or severe disabilities, were
not available.
According to the Ministry of Labor and Social Policy, in the first
nine months of the year, 7,571 persons with disabilities received jobs
through government employment placement services. The ministry also
reported that 12,262 students with disabilities were studying in
vocational and academic institutions of higher learning during the 2007
08 academic year.
The ministries of Health, Education and Science, and Labor and
Social Policy were responsible for specialized boarding schools for
persons with mental and physical disorders. According to Semyon Gluzman
of the Ukrainian Psychiatric Association (UAHRB) and experts of the
Association of Relatives of Recipients of Psychiatric Assistance,
patients in psychiatric hospitals remained at risk for abuse, and many
psychiatric hospitals continued to use outdated methods and medicines.
According to the UAHRB, insufficient funding, the absence of public
watchdog councils at psychiatric hospitals, patients' lack of access to
legal counsel, and poor enforcement of legal protections deprived
patients with disabilities of their right to adequate medical care.
In July an international commission of the German Polish Society
for Psychiatric Healthcare, accompanied by local psychiatrists Iryna
Pinchuk and Yuriy Zakal, expressed concern about inadequate conditions
at several psychiatric care facilities in Odesa, Sevastopol,
Simferopol, Yalta, and Kyiv. The majority of the hospitals they visited
had problems with sanitation, overcrowding, lack of personal storage
space, and insufficient funds to purchase quality medications.
No developments were reported regarding the January 2007 case
involving abuse of a mentally disabled patient at a hospital for
persons with mental disabilities in the Svyatoshyn district of Kyiv or
the reportedly deliberate underfeeding of patients at an institution
for children with severe physical and mental disabilities.
According to Kyiv prosecutor Yevhen Blazhivskiy, in 2007 and the
first nine months of the year, prosecutors opened 19 criminal
investigations involving disability rights and convicted 32 officials.
Kyiv prosecutors found violations by employers who misused money from
the Social Security Fund for the Disabled.
National/Racial/Ethnic Minorities.--The constitution and the 1992
Law on National Minorities contain general language about the
protection of ethnic groups, but the law refers only to citizens. The
constitution prohibits discrimination based on race; skin color;
political, religious, or other beliefs; gender; and ethnic and social
origin; however, there were no implementing laws. The mistreatment of
minority groups and foreigners of non Slavic appearance remained a
serious problem.
Incitement to ethnic or religious hatred is prohibited by Article
161 of the criminal code. Although human rights organizations in
earlier years expressed concern that the law's requirement to prove
``direct intent,'' including proof of premeditation, made it difficult
to apply in practice, there were four guilty verdicts in hate crime
trials during the year. Nevertheless, the application of Article 161
remained rare; both police and prosecutors preferred to treat racist
crimes under the laws dealing with hooliganism or other offenses that
were easier to prosecute.
The Law on Printed Mass Communication Media allows for the
suspension of publications for inciting religious or ethnic hostility.
It has not been invoked in practice.
International and domestic human rights groups noted signs of
growing ethnic intolerance and the impunity of those responsible for
acts of violence during the year. According to NGOs, in recent years
xenophobic attacks have became more systemic and brutal, although some
officials have denied signs of xenophobia or racism and insisted that
hate incidents were isolated and did not represent a trend. On April 2,
the Cabinet of Ministers ordered the establishment of an interagency
working group to combat racism, xenophobia, and discrimination. It
includes the ministries of Justice, Interior, Foreign Affairs, and
Education and Science, as well as the SBU, the SCNR, and other offices
and NGOs. The working group met throughout the year and submitted a two
year action plan to the cabinet, which approved it in August.
Statistics on the frequency of hate crimes remained difficult to
find. The department responsible for ethnic crimes in the Ministry of
the Interior did not record statistics on reported hate crimes. Human
rights groups noted that police often failed to admit the existence of
ethnically motivated crimes and often qualified such acts as
``hooliganism.'' NGOs estimated that police crime reports reflected
only five to 10 percent of all hate crimes.
Although no official statistics were available, human rights
monitoring groups reported more than 70 attacks that appeared to be
racially motivated during the year. They involved mainly Middle
Eastern, Asian, and African nationals. Five of the attacks, all in
Kyiv, were fatal. The Diversity Initiative, a network of NGOs, recorded
63 violent incidents and 18 nonviolent incidents that appeared to be
racially motivated.
On January 27, a 19-year old Congolese refugee was killed in Kyiv;
police detained two young male suspects. On July 10, the media reported
that, although earlier evidence pointed to skinhead involvement,
investigators dropped hate crime charges and viewed hooliganism as the
main motive for the crime. The investigation was ongoing at year's end.
On March 8, a 39-year old refugee from Sierra Leone was killed;
Kyiv police detained two teenaged suspects on March 12. Both suspects,
who claimed to belong to a skinhead group, remained in custody and the
investigation was ongoing at year's end.
On May 29, unknown persons killed a 40-year old Nigerian in a
market. Police stated that the motive for the attack was unknown. On
June 3, the UNHCR and the IOM, joined by approximately 30 human rights
organizations, released a statement urging authorities to conduct a
thorough investigation, including of the possibility that the killing
was racially motivated.
On January 10, Charles Asante Yeboa, the director of the African
Center in Kyiv, was attacked at a bus stop near Kyiv's Shulyavska metro
station by approximately 10 young men. Asante Yeboa, who suffered
serious injuries, was told by police that the attack was a robbery and
not racially motivated. Four suspects were detained but later released.
During the year courts convicted a number of persons for crimes
against foreigners. On April 17, the Darnytsia District Court in Kyiv
announced its verdict in the 2006 killing of a Nigerian medical doctor,
47 year old Kunoun Mievi Goddi, in Kyiv by three youths apparently
associated with local skinhead groups. The court convicted two
defendants under the hate crime statute and sentenced them to 11 and
four years in custody; the third defendant was amnestied due to his
young age.
On April 17, the Podilskiy District Court in Kyiv sentenced an 18
year old skinhead to three years' confinement under the hate crimes
statute for assaulting a Japanese tourist in Kyiv in October 2007.
The Web site of the Kyiv Jewish community reported that on April
22, a court in Kirovohrad found a local schoolteacher, Mykola
Yakymchuk, guilty of incitement to ethnic hatred for making anti
Semitic statements to his class. The PGO reported that Yakymchuk was
later granted amnesty.
On May 5, the media reported that the Kyiv Court of Appeals
convicted four persons of committing a hate crime and sentenced each to
13 years in prison for the 2007 murder of a Korean national, Kang
Jongwong. The defendants, who appeared to have links to an extremist
group, claimed the death was an accident.
There were no developments reported in a number of incidents in
2007 that appeared to be racially or ethnically motivated, including an
attempt by skinheads to break into a Lviv nightclub to disrupt a
concert by supporters of the Belarusian antifascist movement; the fatal
stabbing in February of 34 year old Georgian Moris Dzugashvili; the
arrest of the organizer of a March rally of ultranationalists in Kyiv
to protest the presence of African traders in Kyiv's Shuliavka market;
the fatal stabbing in March of an Iranian Ukrainian person near Kyiv's
Lukianivka market, or the fatal stabbing in Kyiv in June of a 43 year
old Iraqi refugee.
According to the Ministry of the Interior, the 2006 stabbing in
Kyiv that resulted in the death of Lamin Jarjjou, a Gambian student at
the National Aviation University, was not a racially motivated attack.
Police detained four persons whom they claimed killed the victim while
committing a robbery.
A report released during the year by AI concluded that ``inadequate
provisions in the law, poor police responses, and a failure to
acknowledge the gravity of racially motivated crimes have led to
virtual impunity for the perpetrators of racist crimes.''
Harassment of racial and ethnic minorities by law enforcement
authorities was a continuing problem. There were reports that police
occasionally detained dark skinned persons for arbitrary document
checks, whereas document checks of light skinned individuals were rare.
On March 27, the Kharkiv District Administrative Court refused to hear
a lawsuit filed by a local lawyer, an ethnic Armenian and long time
resident, who alleged that he was regularly stopped by police for
identity checks because of his physical appearance. On July 29, the
Kharkiv Administrative Court of Appeals overturned a lower court's
decision and determined that a local police chief failed to inform an
ethnic Armenian of his rights during detention. However, the court did
not support his claims of discrimination.
On August 28, a foreign citizen of African descent was detained by
plainclothes police officers while he was disembarking from a bus in
Kyiv. Police beat him and took him to a police station, where they tied
him to a chair with a belt and held him for several hours. He was then
released without charge. The victim believed that he was singled out
because of his ethnicity. Police claimed that the detainee resembled
one of the suspects in a series of taxi robberies that occurred in June
and July. The Ministry of Foreign Affairs later stated that the
officers involved had been disciplined.
AI and domestic advocacy groups asserted that the victims of
xenophobic attacks could find themselves prosecuted for having acted in
self defense. For example, Daniel Osaemor, a Nigerian who was attacked
and stabbed by three youngsters on February 19 in Kyiv, was
subsequently charged with hooliganism for hitting one of the men.
The European Commission against Racism and Intolerance and
international and domestic monitoring NGOs reported increasing racial
hatred and xenophobia, influenced by foreign skinhead and neo Nazi
groups, soccer hooligans, as well as such locally based neonationalist
organizations as the unregistered Ukrainian National Labor Party, the
Patriot of Ukraine organization, the Ukrainian Movement against Illegal
Immigration, and the National Action ``RID.'' Ombudsman Karpachova
opened an inquiry into claims that extremist political groups held a
torchlight procession on the campus of the National Technical
University in Kyiv on March 23, shouting anti immigrant slogans. The
media and NGOs also reported protests against irregular migrants and
foreign students by extremist youth groups in Kharkiv, Ternopil,
Chernivtsi, and Chernihiv.
On May 29, the SCNR released a statement expressing concern about a
threat posted on a hate group's Web site against Mridula Ghosh of the
East European Development Institute, an Indian national who was active
on combating xenophobia. The SCNR requested a legal assessment of this
publication from the SBU, the PGO, and the Ministry of the Interior.
The threatening material was eventually removed from the Web site.
According to the Ukrainian State Institute of International
Education, 45,000 foreign students from 134 countries were studying in
the country during the year. A study by a Fulbright researcher
concluded that the educational environment remained unsafe for foreign
students. During 2007 08 there were 15 attacks on foreign students, and
one was killed.
Roma faced both governmental and societal discrimination. Roma
rights groups estimated the country's Romani population at 400,000,
while official census data cited 47,600. The discrepancy was caused in
part by lack of legal documentation and records for many persons in the
Roma community.
Representatives of Romani and other minority groups claimed that
police officials routinely ignored, and sometimes abetted, violence
against them. On July 17, the European Roma Rights Center (ERRC) wrote
to Interior Minister Yuriy Lutsenko, expressing concern over the
failure of the justice system with respect to ``serious breaches of the
fundamental rights of Roma.''
On March 31, ERRC sent a letter to the chair of the Parliamentary
Committee on Freedom of Speech and Information expressing concern about
the linkage of Roma with crime in the media and inappropriate
references to Roma ethnicity in the reporting on crimes. The Chirikli
Roma Women's Fund expressed concern over a March 25 program on
privately owned channels 1+1 and 5, repeated by UNIAN, that portrayed
Roma as criminals who allegedly sold 50 unemployed and socially
disadvantaged residents of the Odesa Oblast into slavery. The
information for the report was provided by the Ministry of the
Interior's press service in the oblast.
There were some reports of government cooperation with the Roma
community. The chairman of the Roma Congress of Ukraine, Petro
Hryhorychenko, was 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 the Russian language and other minority languages,'' but
organizations and political parties in the Russian speaking community
complained that the increased use of Ukrainian in schools, college
entrance exams, the media, and the courts put them at a disadvantage.
There were no developments in the incident involving Arsen
Klinchayev, who was beaten by Serhiy Melnychuk in a dispute over use of
the Ukrainian language in Luhansk Oblast in 2006.
Ukrainian and Crimean Tatar minorities complained of discrimination
by the ethnic Russian majority in Crimea and the independent city of
Sevastopol and called for the Ukrainian and Crimean Tatar languages to
be given a status equal to Russian in Crimea. Early in the year, the
head of the Crimean Republican Committee for Nationalities and Deported
Citizens reported that there were approximately 264,500 registered
Crimean Tatars. The State Committee on Nationalities and Religions
reported that in the first nine months of the year, the Government
allocated 40.8 million hryvnia (approximately $5.3 million) for the
resettlement and integration of Crimean Tatars.
Crimean Tatars asserted that discrimination by Crimean local
officials deprived them of equal opportunities for employment in local
administrations and that propaganda campaigns, particularly by pro
Russian groups, promoted hostility toward them among other inhabitants.
On April 1, the press service of the Crimean Tatar Mejlis reported
that graffiti hostile to Crimean Tatars was found in Simferopol. The
graffiti appeared shortly after a provocative article appeared in a
local newspaper.
On July 7, in the Crimean village of Krasnogvardejskoye, unknown
vandals reportedly tore down a tamga, the national emblem of Crimean
Tatars, from the memorial complex to the victims of genocide of the
Crimean Tatars. Local Mejlis and district council members notified law
enforcement bodies and municipal authorities.
On July 16, Radio Liberty reported that the Government of Crimea
ordered the creation of a joint register of repatriated persons,
arguing that it would help solve their land problems. The first deputy
chairman of the Crimean Tatar Mejlis, Refat Chubarov, stated that such
a list was unconstitutional and could risk compromising private
information.
The Spiritual Muslim Management in Crimea expressed concern over
the Supreme Court's refusal to overturn an October 7 ruling by the High
Economic Court that upheld the ban on construction of a central mosque
in Simferopol. On February 28, members of the Simferopol City Council
annulled their January 10 allocation of a plot for a mosque in
Simferopol and designated a less desirable one.
There were no reports of further developments in the January 2007
attack on Mejlis press secretary Lilia Muslimova in Simferopol, the
arrest of 10 persons involved in a clash between Crimean Tatars and
local police during a dispute over land in 2007, or the shooting of a
Crimean Tatar man involved in clashes between Crimean Tartars and
police on the Ay Petri plateau in November 2007.
On March 11, media reported that the Democratic Union of Hungarians
expressed concern about an increasing number of anti Hungarian
statements in Ukrainian media.
Rusyns (Ruthenians) continued to call for status as an official
ethnic group in the country, noting that neighboring countries accept
them as minorities.
Other Societal Abuses and Discrimination.--Persons with HIV/AIDS,
who numbered 440,000 according to statistics compiled by international
organizations, faced widespread discrimination and lacked access to
treatment. Although the country's AIDS law incorporates protection of
the rights of persons with HIV/AIDS, implementation remained weak, and
state funding for treatment was insufficient. The All Ukrainian Network
of Persons Living with HIV noted that persons with HIV/AIDS continued
to face discrimination in the workplace; job loss without legal
recourse; harassment by law enforcement officials, prosecutors, and
judicial authorities; and social isolation and stigmatization within
their communities.
The gay and lesbian rights organization Nash Mir (Our World)
characterized political and religious leaders as indifferent or hostile
to the gay community. Members of the antigay organization Love against
Homosexuality reported that in February they received letters of
support from two members of parliament from the Yulia Tymoshenko bloc,
Ihor Yeresko and Vitaliy Barvinenko, who called homosexuality a threat
to national security. In another letter of support to the same group,
Hanna Herman, the chair of the parliamentary Committee on Freedom of
Speech and Information and a member of the Regions Party, wrote that
government bodies were obliged to undertake steps to stop the
``popularization of homosexuality, lesbianism, and other sexual
perversions that do not correspond to the moral principles of
society.''
On February 22, the PGO opened a criminal investigation of the
editorial staff of Nash Mir's newspaper, Gay.ua, for allegedly
distributing pornography. According to Nash Mir, the newspaper was
circulated among a restricted number of subscribers, while explicit
erotic materials were easily obtained at newspaper kiosks.
Other problems of concern included reports of ongoing police abuse
of gays, threats by police to inform gays' families and employers of
their lifestyle, and the lack of access to medical treatment and
information for gay men on the prevention of HIV/AIDS.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right of
workers to join unions of their choice to defend their professional,
social, and economic interests, and this right was generally respected
in practice; however, large companies, and in isolated instances, local
government officials, continued to resist the formation of unions, and
workers' freedom to choose their union affiliation was sometimes
restricted. There were no reliable estimates of the percentage of the
workforce that was unionized.
The law provides for the right of workers to strike to defend their
professional, social, and economic interests, provided strikes do not
jeopardize national security, public health, or the rights and
liberties of others; the Government generally respected this right. The
right to strike does not apply to personnel of the PGO, the judiciary,
armed forces, security services, law enforcement agencies, the
transportation sector, or public servants. Workers who strike in
prohibited sectors were liable to prison terms of up to three years.
Federations and confederations are not entitled to call a strike. A
strike may be organized only if two thirds of the workers of the
enterprise vote for it.
By law all trade unions have equal status, and the establishment of
a trade union does not require government permission. However, unions
affiliated with the Federation of Trade Unions (FPU), which inherited
assets from the official Soviet era unions, enjoyed an advantage in
organizing workers.
In order to function, a union must be registered as a legal entity
by the Government. Unions reported that this registration process was
extremely burdensome, entailing visiting up to 10 different offices,
submitting extensive documentation, and paying a number of fees. The
International Trade Union Confederation characterized the registration
requirement as ``a restriction unacceptable by international labor
standards.''
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' huge property and financial holdings.
These included social insurance benefit funds, a Soviet era legacy on
whose boards FPU affiliated unions held the majority of seats, giving
them a benefit the 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 in order to thwart their future
distribution. A 2007 parliamentary moratorium on the FPU sale of
property remained in place.
The AFL CIO Solidarity Center reported several instances in which
various government officials, including officials from the security
services, sought to influence union votes and pressure members to
report on union activities. As of September, the CFTU reported 17
separate cases in which employers refused to recognize newly formed
trade unions, barred them from collective bargaining, or otherwise
violated labor laws. The CFTU complained that employers, acting in
concert with leaders of local FPU affiliates, pressured independent
unions in most of these cases to disband.
In January three members of a teachers' trade union, including the
chairman of the union, were fired from a school in Lviv, allegedly
because of their union activity. Several CFTU affiliated unions of coal
miners in the eastern part of the country reported significant
harassment and, in one case, firings because of their union activities.
Members of CFTU affiliated unions sometimes claimed that management
forced them to carry out additional assignments without compensation or
threatened them with dismissal if they refused to leave their unions.
There were continuing complaints that FPU affiliated unions deducted
union dues from the salaries of workers who had chosen to join a
different union.
b. The Right to Organize and Bargain Collectively.--The law permits
trade unions to organize and participate in collective bargaining, but
these rights were not always respected in practice.
According to the law, joint worker management commissions should
resolve differences over wages, working conditions, and the rights and
duties of management at the enterprise level. The commissions were not
always effective in practice and sometimes were dominated by management
and union representatives co-opted by management. Although the law
provides the right to collective bargaining, the manner in which the
law was applied prejudiced the bargaining process against newer unions
and favored FPU affiliated unions. Renouncing membership in an FPU
affiliated union and joining a new union was bureaucratically onerous
and typically discouraged by management.
The law provides for the National Mediation and Reconciliation
Service to mediate labor disputes.
Export processing zones existed on paper but were dormant.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, including by children;
however, there were reports that women, men, and children were
trafficked for labor. Trafficked women were used as housekeepers,
seamstresses, dishwashers, or workers at small and large manufacturing
plants both in the country and abroad. A small number of women with
small children and persons with disabilities were trafficked abroad for
begging. Men exploited for their labor made up 24 percent of the
trafficking victims identified by the IOM during the year. They worked
mainly on construction sites and in mines. There were reports that some
children worked at unsanctioned and illegal coal mines. A survey by the
International Labor Organization (ILO) indicated that government
enforcement had stopped children from working underground at these
illegal mines.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace, but the
Government did not always effectively enforce the law. The country's
labor code sets 16 as the minimum age for most employment. Fifteen year
old children may perform ``light work'' with their parents' consent,
but the law does not clearly define ``light work.'' Children aged 14
can legally do some forms of agricultural and ``social'' work, for
example at elder care facilities and orphanages, on a short term basis
with the consent of one parent.
The State Labor Inspectorate under the Ministry of Labor and Social
Policy is responsible for enforcing child labor laws in the formal
sector. The Department of Juvenile Affairs in the Ministry of Family,
Youth, and Sport, and the Police Department for Juvenile Affairs in the
Ministry of the Interior have the responsibility of identifying
children in the informal sector involved in the worst forms of child
labor. The Ministry of the Interior's Antitrafficking Department is
responsible for the enforcement of child antitrafficking laws.
The worst forms of child labor were found primarily in the informal
sectors, such as commercial sexual exploitation, including production
of pornography. There were some reports of children working at
unsanctioned and illegal coal mines. Children were also found working
in agriculture and trade at open air markets. The trafficking of
children for forced labor and sexual exploitation was a problem.
Enforcement improved but remained inadequate to deter violations
fully. The Government reportedly conducted more inspections and there
were more prosecutions of violators. According to the Ministry of Labor
and Social Policy, the Government inspected 660 enterprises in August
and found child labor law violations at 421 of them. The ILO sponsored
a regional antitrafficking project aimed at eradicating the worst forms
of child labor and child trafficking, including exploitation of street
children and other children at risk.
On June 17, UNIAN reported that Donetsk prosecutors were
investigating 10 cases related to the illegal use of child labor.
Volnovask district prosecutors opened an investigation of an
entrepreneur who allegedly hired a teenager without a contract to work
as a loader. On May 28, the Internet news service proUA.com reported
that Donetsk prosecutors were investigating the possible use of
vocational college students in construction instead of the internship
to which they were entitled.
e. Acceptable Conditions of Work.--On December 1, the Government
increased the monthly minimum wage to 605 hryvnia (approximately $78).
The minimum wage did not provide a decent standard of living for a
worker and family. The State Labor Inspectorate is responsible for
enforcing the minimum wage but was unable to monitor all employers
thoroughly. Many workers, particularly in the informal sector, received
wages far below the established minimum.
Official wage arrears stood at 756 million hryvnia (approximately
$98 million) as of August 1. Most arrearages accumulated in state run
industries 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,
these were frequently ignored in practice. Lax safety standards and
aging equipment caused many injuries on the job. During the first half
of the year, 7,791 workplace injuries were reported, including 501 job
related fatalities.
Illegal coal mines with ties to organized crime and corrupt
management were particularly unsafe. During half of the year, 2,929
injuries, including 94 fatalities, were reported among coal miners.
The law gives workers the right to remove themselves from dangerous
work without jeopardizing their continued employment; however, trade
unions reported that in practice, asserting this right would result in
retaliation, or perhaps dismissal, by management.
__________
UNITED KINGDOM
The United Kingdom of Great Britain and Northern Ireland, with a
population of 60.8 million, is a constitutional monarchy with a
multiparty, parliamentary form of government. Citizens elect
representatives to the House of Commons, the lower chamber of a
bicameral legislature. They last did so in free and fair elections in
2005. Members of the upper chamber, the House of Lords, occupy
hereditary or appointed seats. Civilian authorities maintained
effective control of the security forces.
The Government generally respected the human rights of its
citizens. The law and judiciary provide effective means of addressing
individual instances of abuse; however, there were some reports of
police misconduct and occasional abuse of detainees and other persons
by police and military personnel and employees of government
contractors. There were also reports of overcrowded prisons and some
inadequate prison infrastructure. Societal problems included
discrimination against religious minorities; mistreatment of women,
children, ethnic minorities, gays, and persons with disabilities; and
trafficking of persons.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed any politically
motivated killings; however, the Independent Police Complaints
Commission (IPCC) reported that police shot and killed three persons in
the performance of their duty, compared to five in 2007.
In July the Ministry of Defense agreed to pay 2.8 million pounds
(approximately $4 million) to the family of Iraqi civilian Baha Mousa,
who died in 2003 after suffering 93 injuries during a 36 hour detention
by British troops in Iraq. In 2007 a court martial sentenced a soldier
to one year in prison and dismissed him from the army for the inhumane
treatment of Mousa. Six other soldiers were acquitted; no one was
convicted in the deaths. At year's end a civilian judicial inquiry was
ongoing.
Proceedings continued in three cases involving allegations of
government involvement, collusion, or culpability in killings during
the conflict in Northern Ireland in the 1980s and 1990s.
No official developments were reported in the Government's standing
request, refused by Russian authorities, for the extradition of Andrei
Lugovoy in connection with the 2006 death in London by radioactive
poisoning of former Russian intelligence officer Aleksandr Litvinenko,
an act many regarded as politically motivated. In a November 21
interview in Moscow with the British newspaper, The Times, Mr. Lugovoy
offered to send Dmitri Kovtun, his alleged accomplice, to London to
talk to Scotland Yard in an attempt to clear their names on condition
that Mr. Kovtun not be extradited to Germany, where he is wanted on
charges of transporting plutonium.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices and authorities did not
usually engage in them; however there continued to be allegations that
members of the military services were at least complicit, if not
participants, in the torture of detainees overseas, that individual
police officers occasionally abused detainees, and that guards under
contract to immigration authorities abused deportees while returning
them to their home countries. Police are subject to oversight by the
Independent Police Complaints Commission, which investigates charges of
abuse and has the power to punish police officers if abuse is found.
Member of Parliament John McDonnell accused the intelligence
services of colluding in the torture of one of his constituents by
Pakistani authorities. During the year several citizens, all UK
Pakistani dual nationals, made similar charges. At first, the Home
Office denied that the Government tortures or condones torture.
Subsequently, however, the Home Office asked the attorney general to
investigate these allegations.
On August 15, the IPCC issued statistics indicating that
approximately 3,200 charges of ``other assault'' (the most prevalent
kind of assault) were made against police in the first half of the
year. Two thirds of the cases involved charges that police used
excessive force during arrests; the remainder were charges of assault
during an incident involving civil unrest or while alleged victims were
in detention. In reviewing the approximately 6,500 complaints of
``other assault'' in 2007, the IPCC found that an investigation was
justified in one third of the cases, of which 236 (11 percent) were
substantiated. One fourth of the complainants whose allegations were
rejected appealed, and 19 percent of those appeals were upheld.
Overall, 8 percent of the 2007 charges against police for ``other
assault'' were found to be valid and the victims entitled to seek
compensation.
A Consultative Group on the Past in Northern Ireland, containing
prominent individuals from both sides, concluded its work on ways to
deal with the legacy of decades of strife between the two communities
in Northern Ireland, and announced that it intended to release its
report early in 2009. Under a Victims and Survivors Act for Northern
Ireland that took effect in June, ``commissioners'' were appointed to
address the needs of victims of the decades long violence.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the Government permitted
visits by independent human rights observers; however, overcrowding and
poor facilities continued to be problems. A study by the
nongovernmental organization (NGO) Forum for Preventing Deaths in
Custody, indicated that, as of September 21, the number of suicides in
prison increased compared to the same period in 2007; however the
Ministry of Justice subsequently released data covering the entire
year, indicating that 61 incarcerated persons, all but one of them
male, took their lives during the year, a significant decline from the
92 reported in 2007 and the lowest number since 59 suicides were
recorded in 1995.
On September 1, the prison population in England and Wales was
reported to be 83,852 in facilities designed to accommodate 73,595, a 3
percent increase over the previous year. In Scotland, 8,431 inmates
were reported in prisons with an official capacity of 6,365 as of
October 3. England, Wales, and Scotland conducted early release
programs that somewhat reduced overcrowding. Authorities attributed
prison overcrowding in part to a rise in the recidivism rates. In
Northern Ireland the prison population on December 12 was 1,503.
In a preliminary report released in September, the Forum for
Preventing Deaths in Custody (an organization comprising
representatives of various law enforcement organizations, government
ministries, NGOs, and the Independent Police Complaints Commission)
stated that there were 523 deaths in custody in England and Wales in
2007, a decline over previous years. Prison overcrowding and
insufficient care of individuals who were in custody for their own
protection or for offenses related to mental illness were cited as
contributing to the number of deaths. The Scottish Prison Service
reported 12 deaths in custody, seven more than in 2007; four cases were
listed as due to natural causes; the rest were under investigation. In
the same period, at least one person in Northern Ireland had died in
custody. The known case was a suicide in which the officers are under
investigation for neglect.
On August 21, the chief inspector for prisons, Anne Owers,
criticized authorities in Frankland Prison, the country's largest high
security prison, for not adequately protecting Muslim and ethnic
minority inmates from attacks by white inmates. She also noted that
although all racially and religiously motivated attacks were
perpetrated by whites, minority inmates were far more likely to face
discipline, including involuntary segregation, than white prisoners.
She stated that the prison had recently experienced a large increase of
gang members and individuals convicted of terrorism, for which the
prison was unprepared. Authorities subsequently initiated training for
prison staff.
At times juveniles, including some under age 16, were held together
with adult prisoners. Although rare, there were instances when pretrial
detainees were held with convicted prisoners.
The Government permitted independent monitoring of prison
conditions by local and international human rights groups, the media,
the International Committee of the Red Cross, and the independent
International Centre for Prison Studies based at Kings College, London.
Some of the organizations undertook monitoring missions during the
year.
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 government as necessary to combat terrorism constituted preventative
detention.
The Role of the Police and Security Apparatus.--Civilian
authorities maintained effective control over the regional police
forces, and the Government has effective mechanisms to investigate and
punish abuse and corruption. There were no reports of impunity
involving the security forces.
Arrest and Detention.--In most cases police officers may make an
arrest only if they have reasonable grounds for suspecting that someone
has committed or is about to commit one or more listed ``arrestable
offenses,'' or if an officer believes an arrest is necessary to prevent
physical injury or damage to property.
On August 27, the Home Office announced that over 1,600 individuals
previously without police authority, including local government
employees and employees of private security firms, had been given
``enforcement powers,'' including the right to issue citations and
fines and to demand the names and address of persons stopped in the
street. Human Rights groups and opposition politicians called the
practice a civil rights violation and a move towards excessive
surveillance. Opposition politicians noted that there were already
regular police and other officials with law enforcement powers as well
as fully trained and uniformed volunteers and a comprehensive closed
circuit television surveillance network. The Government defended the
practice, citing existing procedure which permits a chief constable to
designate a limited number of persons with a limited amount of
enforcement power who are ``employees of organizations which contribute
to public safety.''
Police may detain an ordinary criminal suspect for 96 hours without
charging him or her. However, 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. No one except terrorism
suspects may be detained without charge longer than 96 hours.
Authorities may hold terrorism suspects for up to 28 days before
formally charging them; they are entitled to counsel during this
period. A government bill to extend the period of detention without
charges from 28 to 42 days in terrorist cases was a significant source
of controversy during the year; the bill was withdrawn after leaders in
the House of Lords indicated it would be defeated there. Existing law
permits the extended detention of foreigners who are suspected of being
terrorists but who cannot be deported immediately because of the risk
they would be tortured or executed in their countries of destination.
Such individuals may appeal their designation as terror suspects.
The law gives defendants awaiting trial the right to bail, except
for those judged to be flight risks, likely to commit another offense,
suspected terrorists, or in other limited circumstances. Detainees may
make telephone calls and have legal representation, including
government provided counsel if they are indigent.
On April 9,the Court of Appeal ruled that radical preacher Abu
Qatada, whose ``inspirational'' tapes were found in the German
apartments used by Mohammad Atta and other 9/11 terrorists, could not
be deported to Jordan because his human rights might be violated there.
Abu Qatada has been held in Belmarsh prison since 2002. The court ruled
that ``assurances,'' contained in a memorandum of understanding between
the Government and the Jordanian government, were an inadequate
safeguard. (Abu Qatada was convicted in absentia in Jordan on terrorism
charges.) The Government appealed. Also in April, the Court of Appeal
ruled that deporting two suspected terrorists (and rejected asylum
seekers) to Libya, based on a memorandum of understanding with Libyan
authorities providing assurances that the deportees would not be
mistreated, would constitute a violation of the law as well as the
country's international commitments, as the two faced a substantial
risk of mistreatment on return to Libya.
The Terrorism Act permits a judge (or the home secretary, with a
judge's permission) to impose ``control orders,'' which include a range
of restrictions, up to house arrest, on individuals suspected of
involvement in terrorism related activities, regardless of nationality
or perceived terrorist cause. Control orders were first employed in
January. In October the Law Lords ruled that the 18 hour curfew the
home secretary had imposed on one group of individuals constituted a
deprivation of liberty beyond what was permissible under the law. In
two other cases, the Law Lords questioned the fairness of the hearing
which two individuals received when they challenged the control orders
served on them. On October 1, the Council of Europe's Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT) criticized the Government's detention of terrorism suspects. The
law normally requires suspects to be transferred to prisons after 14
days; however in the case of terror suspects this was extended to 28
days to protect the public and permit further investigation. The CPT's
objections were based on conditions at the high security detention
facility at Paddington Green police station, which they regarded as
inadequate for prolonged detention. Government representatives
responded that detention in police facilities beyond 14 days were
exceptions that they believed to be ``reasonable and proportionate.''
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right.
Defendants enjoy a presumption of innocence. Criminal proceedings
must be held in public except those in juvenile court and those
involving public decency or security. In a trial under the Official
Secrets Act, the judge may order the court closed, but sentencing must
be public.
The law generally allows for jury trials. In England and Wales,
there is provision for judge only trials in rare exceptions when the
jury has been intimidated, when ``compelling new evidence'' arises
after a previous acquittal, or when evidence of a defendant's previous
misconduct is to be introduced. In Northern Ireland, trials by a single
judge, employed during previous decades in response to intimidation of
juries by paramilitaries, ceased to be the norm on July 31. However, as
in the case of England and Wales, nonjury trials may be held in cases
involving possible intimidation of juries. Scotland allows jury trials
in criminal and civil cases.
Defendants have the right to be present at their trials, to consult
with an attorney in a timely manner, and to question witnesses against
them. Defendants have access to government held evidence relevant to
their cases, with some exceptions, including instances in which
information pertaining to a suspect is acquired through sources
associated with national security.
Defendants have the right to appeal to successively higher courts.
Indigent defendants have the right to free counsel of their choice,
with some exceptions.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, including access to a court
to bring lawsuits seeking damages for, or cessation of, a human rights
violation. Administrative remedies were also available.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
During the year legislation requiring telephone companies to retain
information about landline and cellular telephone calls took full
effect. The legislation requires that the retained information may be
made available, without a warrant, to over 700 governmental
organizations, including police, the National Health Service, and other
social services. The Ministry of Justice, responsible for implementing
the legislation, denied that the data was at risk of being compromised.
The use of electronic surveillance requires the approval of the
home secretary, who authorizes an ``interception warrant,'' which must
name or describe either one person or a single set of premises where
the interception is to take place. However, in limited circumstances
the home secretary may issue a ``certified'' interception warrant,
eliminating the requirement to specify a person or premises. Certified
warrants are intended only for communications with overseas parties.
They include communications channeled through a foreign Internet
service provider (ISP). An independent ``interception of communications
commissioner'' oversaw interception warrants, and the Investigatory
Powers Tribunal investigated public complaints of surveillance abuses.
According to its annual report, published in July, the tribunal
received 66 new complaints in 2007, and completed its investigation of
31 of these, together with 52 cases carried over from 2007. The
tribunal carried a further 41 cases forward to 2008. The Government
would not publically discuss the decisions of the tribunal in the cases
that were resolved.
On July 3, the European Court of Human Rights (ECHR) ruled that the
Government's telephone tapping practices violated the right to privacy.
Describing the Government's powers to tap private telephone
conversations and Internet connections as ``virtually unfettered,'' the
court ruled that the Government's right to intrude on private
conversations could not be indiscriminant and that limits need to be
placed on, and public scrutiny permitted their use. The case that
precipitated the ruling was brought by British and Irish human rights
groups after the Irish authorities asked the Government whether it was
monitoring Irish telephone conversations.
Publicly funded reports by panels in Birmingham and Manchester,
released on July 31, criticized the Government's policy of retaining
DNA records of all arrestees, including those acquitted or against whom
charges were dropped. The authors of the reports proposed placing the
DNA database in the hands of an independent oversight body and giving
individuals who are not successfully prosecuted, as well as
rehabilitated criminals who have served their sentences, the
opportunity to remove their DNA from the database. Liberty, the
country's largest human rights organization, described continued
government control over the database as a threat to civil liberties.
Officials contended that the national DNA database had revolutionized
police ability to protect the public. In early December the ECHR ruled
that the Government's retention of the DNA of nonconvicted persons in
perpetuity was unlawful. The Government responded that it would retain
the database but make changes to conform to the court's ruling.
Authorities stated that four killers, including one serial killer, had
been caught through DNA matches in the last 12 months.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press.
The law forbids the reporting of criminal cases before they come to
trial, with certain exceptions. In addition, the royal family has
certain press privileges that amount to a blackout on certain types of
reporting. However, such information was often available from foreign
sources over the Internet and cable television, so judges were less
inclined than in earlier years, to issue gag orders to the press.
The 2007 Racial and Religious Hatred Act and other legislation make
it an offense to use ``threatening words or behavior'' toward a
religious, ethnic, or racial group. The 2007 act applies specifically
to words, behavior, or displays of written material; the publishing or
distributing of written material; the public performance of a play; the
distributing, showing, or playing a recording; the broadcasting or
including a program in a program service; or the possession of written
materials or recordings with intent to display, publish, distribute, or
include such materials in a program service. The law was invoked once
during the year.
Court decisions during the year established that possession of
materials advocating terrorism alone was insufficient for conviction
under the 2000 Terrorism Act; however, possession of materials that
provided practical assistance to terrorists, such as the al Qa'ida
Manual, the Terrorist's Handbook, the Mujahideen Poisons Handbook, and
a number of military manuals, did fall within the meaning of the act.
On May 19, in a letter to the Times, several eminent journalists
accused police of posing ``a serious risk to the future of
investigative journalism'' when they issued warrants to many British
and American media outlets including major newspapers and the
television news program 60 Minutes, requiring them to provide details
of interviews with former jihadist Hassan Butt at the time of Butt's
arrest in early May. Butt had described himself as a ``poster boy for
Islamic radicalism'' but publicly renounced that philosophy following
the bus and subway bombings in London in 2005. Police arrested Butt on
May 9, noting that he continued to associate with known terrorists and
leading terror suspects. After holding him without charge until May 21,
they released him but indicated that their investigation continued.
Police subsequently reported that Butt claimed to have made up his
story about being a jihadist in order to make money.
On November 19, four men were arrested and charged with violations
of the Racial and Religious Hatred Act for distributing leaflets in
Ireland and the United Kingdom in September blaming Muslims for the
heroin trade. The arrests followed controversy over the precedence of
free speech over stirring hatred in the community. The Crown
Prosecution Service at first advised police that, while racist (most
British Muslims are of South Asian or African descent), the leaflets
were protected speech, a position which angered the National
Association of Muslim Police, which advocated halting the distribution
and investigating the source.
British publication of the book the Jewel of Medina about Mohammed
and his youngest wife, scheduled for release on October 30, was
postponed ``until further notice'' for ``security reasons.'' The book's
publishing house was firebombed in September.
Internet Freedom.--There were no government restrictions on access
to the Internet. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e mail. There were
no reports that authorities routinely monitored e mail or Internet chat
rooms. However, the law permits communications data surveillance,
including Internet usage, in the interests of national security, to
prevent or detect a crime, or in the interests of public safety.
Authorities did not publically discuss details of their monitoring
activities. The Government had voluntary agreements with most ISPs to
record all incoming and outgoing emails and store them for one year.
This agreement has been in place since 2003. During the year the
Government announced that the system would become mandatory in March
2009. The Government has also proposed a national database instead of
relying on the ISPs. This has led to protests.
The Internet was widely available throughout the country and was
available at no cost in public libraries. Approximately 70 percent of
the population used the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The laws provide
for freedom of assembly and association, and the Government generally
respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice. The
Government does not consider the Church of Scientology and the
Unification Church to be religions for purposes of issuing visas for
ministers of religion or missionaries. Since the Church of Scientology
does not fall within the definition of religion in the charity law, its
chapels did not qualify as places of worship, and authorities did not
consider its ministers to be ministers of a religion. There were no
reports of specific visa denials during the year.
The law requires religious education in publicly maintained
schools. Localities determine the content of religious instruction, but
it must reflect the predominant place of Christianity in the cultural
and historical context of the nation while taking into account the
teachings and practices of the country's other principal religions, and
it must refrain from attempting to convert pupils. All parents have the
legal right to request that their children not participate in religious
education, but the school must approve this request.
Schools in England and Wales must also provide a daily act of
collective worship, of ``a wholly or mainly of a broadly Christian
character.'' Students of other faiths may offer prayers of their own
religion. According to a 2005 survey by the British Broadcasting
Company, a considerable number of schools were not participating in
this form of worship. Teachers have the right not to participate in
collective worship, without prejudice.
The chief inspector for prisons criticized authorities in Frankland
Prison, the country's largest high security prison, for not adequately
protecting Muslim (and ethnic minority) inmates from attacks by white
inmates.
On October 22, the Law Lords, the country's highest court, declared
that Shari'a law as practiced in Lebanon was discriminatory against
women and reversed a Court of Appeal decision that would have upheld
the deportation of a woman to Lebanon, where she claimed a Shari'a
court would hand over her child to an abusive father.
The status of Humanism, in comparison with other perspectives on
religion, was the subject of litigation. On September 26, the British
Humanist Association (BHA) announced that it was suing the Government
for religious discrimination after authorities responsible for the
school curriculum ruled that an optional course of studies on Humanism
prepared by the BHA did not give sufficient attention to other
religions. The BHA charged that the ruling violated the European
Convention on Human Rights, which accords nonreligious beliefs equal
status with religions.
Legal efforts to establish policies regarding the public display of
religious symbols in schools continued during the year. On July 30, the
High Court, overturning two lower court rulings, declared a school's
decision to suspend a Sikh student for wearing a Kara bracelet to be
unlawful, because it violated the school's no uniform policy. The lower
courts had based their decisions on the Law Lords' 2007 ruling that
schools could prohibit whatever they wished to ensure unity and safety.
The lower court ruling led to victories for school administrators in
court cases over the wearing of the Sikh Kirpan (small ceremonial
dagger), the Muslim veil or hijab, and Christian purity rings and
crosses. However, the High Court judge in this case did not cite the
2007 ruling; he relied instead on a ruling from 1983 that found that
Sikhs, like Jews (who are allowed to wear yarmulkes), were a unique
``race,'' and thus protected by antiracial discrimination laws. Several
commentators said that the ruling opened the door to thousands of
challenges to schools' authority on dress rules, while others concluded
that the decision was intentionally narrow, as it was made on the
grounds of racial and not religious discrimination. The Association of
School and College Leaders urged Aberdare Girls' School to appeal to
the Law Lords, but the school's representative stated that an appeal
was unlikely; the student had left the school to complete her studies
elsewhere and decided not to return after her victory.
Societal Abuses and Discrimination.--The Jewish population numbers
approximately 280,000. The Community Security Trust (CST), an
organization that represents the Jewish community in matters of
security, reported that in the first six months of the year there were
42 violent assaults against Jews, compared to 54 in the same period of
2007. In the same period, the CST recorded 266 anti Semitic
``incidents,'' defined as any malicious act aimed at Jewish persons,
organizations, or property, where there is evidence that the incident
has anti Semitic motivation or content, or that the victim was targeted
because they are (or are believed to be) Jewish. This represented a 9
percent increase compared with the same period in 2007. According to
CST, this increase was attributable primarily to incidents reported to
CST from beyond the main Jewish communities of London and Manchester.
Anti Semitic incidents surged at the end of the year; they were
primarily attributed to Israeli military operations in Gaza.
There were instances of anti Muslim behavior. On September 29,
during Ramadan, vandals desecrated a Muslim cemetery in South London,
damaging 40 stones and plantings. Police treated it as a hate crime.
On November 19, four men were arrested and charged with violations
of the Racial and Religious Hatred Act for distributing leaflets in
Ireland and the United Kingdom in September blaming Muslims for the
heroin trade. The arrests followed controversy over the precedence of
free speech over stirring hatred in the community. The Crown
Prosecution Service at first advised police that, while racist (most
British Muslims are of South Asian or African descent), the leaflets
were protected speech, a position which angered the National
Association of Muslim Police, which advocated halting the distribution
and investigating the source. Four men were arrested on November 19 and
charged with violations of the Racial and Religious Hatred Act for
distributing the leaflets. The men were subsequently ``cautioned,''
which under British law amounts to a formal admission of guilt in lieu
of a trial.
Hanan and Samira Fariad, British born Pakistani Muslim sisters
working for Tradition Securities and Futures (TSAF), sued their
employer, claiming that their working life was made unbearable by
sexist behavior and religious and racial discrimination by colleagues
and supervisors. In early November they settled out of court for
several million British pounds.
British publication of a book about Mohammed and his youngest wife,
The Jewel of Medina, scheduled for release on October 30, was postponed
``until further notice'' for ``security reasons.'' The book's
publishing house was firebombed in September.
For a more detailed discussion, see the 2008 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights. The
Government cooperated with the Office of the UN High Commissioner for
Refugees (UNHCR) and other humanitarian organizations to provide
protection and assistance to refugees, asylum-seekers, stateless
persons, and other persons of concern.
Although there is no law prohibiting exile, the Government did not
employ the practice.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status in accordance with the 1951 UN Convention
relating to the Status of Refugees and its 1967 protocol, and the
Government has established a system for providing protection to
refugees. The Government was committed to providing protection against
the return of persons to a country where their lives or freedom would
be threatened.
On July 14, the Home Office announced that ``at this time'' it
would not deport asylum-seekers from Zimbabwe and Darfur whose asylum
claims had been denied. The announcement followed criticism from
several NGOs about the prospect of deportations. Estimates of the
number of failed asylum-seekers in the country from Zimbabwe ranged
from 11,000 to 13,000. Failed asylum- seekers from Darfur were
estimated to number in the low thousands.
On September 30, the Home Office announced that Dame Nuala O'Loan,
former police ombudsman for Northern Ireland, would investigate claims
of abuse by private contractors, hired by the Government to detain and
remove failed asylum-seekers. A July report by a consortium of NGOs
called ``Outsourcing Abuse'' documented the claims of over 300 persons
who accused the private contractors of physical and sexual assault and
racial abuse. As of December 5, the Home Office upheld only one
complaint detailed in the report, but the report included extensive
medical evidence of abuse and stated that several individuals were
returned to custody after pilots of the aircraft used for their removal
refused to allow them to remain on board ``in their current state.''
Dame O'Loan was instructed to reopen 50 cases that the Government
previously classed as unsubstantiated. She was expected to address the
appropriateness of using private contractors and whether the use of
``reasonable force'' was appropriate in dealing with failed asylum-
seekers.
Based in part on the European Union's ``Dublin procedure,'' the
Government places the burden of proof on asylum-seekers if they arrive
from a country on a list of ``safe countries'' of origin promulgated by
the home secretary, if they passed through a country where they were
not considered to be at risk, or if they remained in the country for a
period of time before seeking asylum. The law permits authorities to
remove an asylum applicant to another country that is deemed
responsible for adjudicating an applicant's claim.
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.--Elections to the Northern
Ireland Assembly, to the Scottish Parliament, and to the Welsh Assembly
took place in 2007. They were generally regarded as free and fair. Free
and fair elections to the House of Commons took place in 2005.
In Northern Ireland the ministers of the power sharing government
between Protestants and Catholics broke off talks for five months; the
two main political parties deadlocked over terms for transferring
authority over policing and justice from the British government in
London to the Government of Northern Ireland. An agreement in November
led to the resumption of ministerial meetings and agreement on a path
towards a transfer of power.
The overseas territories, with a total population of approximately
212,000, have varying degrees of self government based on the British
model, with appointed governors.
There were 12 women in the 646 seat House of Commons and 14 in the
748 seat House of Lords. There were five women in the prime minister's
cabinet. An additional 30 women held other ministerial posts. There was
one woman among the 12 Law Lords. There were 15 members of ethnic
minorities in the House of Commons. The number of members of ethnic
minorities in the House of Lords was not reported; there were no
members of ethnic minorities in the Cabinet; Baroness Scotland, who is
Afro Caribbean, is attorney general, but she had only an advisory role.
Four members of ethnic minorities held junior ministerial posts.
Government Corruption and Transparency.--The law provides criminal
penalties for official corruption, and the Government generally
implemented these laws effectively. There were isolated reports of
government corruption during the year.
At the end of the year prosecutors were reviewing the case of the
Labor Party's former general secretary, who resigned in November 2007
after admitting he had been aware of an arrangement whereby a major
donor funded the party through proxies; he insisted he had believed the
arrangement was lawful. The prime minister denied knowledge of the
arrangement, but acknowledged that the true source of these donations
had not been reported as required by law. Another member of the
cabinet, Peter Hain, who also resigned as a result of the scandal, was
cleared on December 5.
During the year the Government continued to face criticism over its
2006 decision to abandon an investigation of government corruption in
connection with BAE Systems' arms deals with Saudi Arabia. The High
Court ruled in April that the decision to abandon the investigation was
unlawful; however the House of Lords overturned the High Court's
decision, effectively ending any further review of this case.
Meanwhile, the Working Group on Bribery (WGB) of the Organization for
Economic Co operation and Development (OECD) investigated the matter as
part of an extraordinary review of British compliance with the OECD
Bribery Convention. In stating the conclusions of its review, the WGB
stated in October that it was ``disappointed and seriously concerned''
about the country's unsatisfactory implementation of the convention.
There were charges during the year that corruption was involved in
efforts by parents and others to secure the financial support of local
governments for ``academy schools,'' state maintained independent
schools established with the help of outside sponsors.
The law provides for public access to information, and authorities
generally granted access to citizens and noncitizens, including foreign
media. There are numerous exceptions to the availability of government
information, including those relating to national security and defense,
personal privacy, and possible risks to health and safety. In some
instances, authorities are not obliged to indicate whether relevant
information exists; however, according to authorities, they are obliged
to say why they are refusing a request. There are no fees for
requesting information; however, there may be a bill for the cost of
materials and postal fees. Government agencies may refuse a request if
the cost to the Government will exceed 460 or 600 pounds (approximately
$670 or $870), depending on the agency's size. There was a mechanism to
appeal denials.
A dispute continued between The Daily Telegraph newspaper and the
Government over the newspaper's request for the number of unsuccessful
asylum-seekers whose deportation failed because they were denied
admission by the intended destination countries. The Government refused
to provide the data, contending that the necessary file search would be
too costly; it also denied the newspaper permission to appeal. The
newspaper's request was prompted by the assertions of anti immigration
campaigners that the Government was exaggerating the success of its
deportation program and that many intended deportees were returned to
the country because authorities did not provide adequate travel
documentation.
During the year, defense ministry officials unsuccessfully sought
to prevent civilian coroners' inquests into the deaths of members of
the military in combat zones. Accusations by coroners of official
culpability or cover ups in ``friendly fire'' deaths, as well as in
deaths possibly attributable to poor or inadequate government provided
safety equipment, were heavily covered in the media. Secretary of State
for Defense Des Browne also sought a High Court ruling that would
prohibit coroners from making such accusations, on the grounds that
they could prevent the military from carrying out its primary function
for fear of being held responsible for every death caused by enemy
action. Family members claimed that defense ministry interference would
tie coroners' hands and prevent them from learning the causes of death
of their loved ones. The court did not rule on the case during the
year.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, nationality,
gender, sexual orientation, or disability, and the Government generally
enforced the law effectively.
Women.--Rape, including spousal rape, carries a maximum penalty of
life imprisonment. According to the British Crime Survey (BCS), whose
data include incidents not reported to police, 21,403 sexual assaults
on women were reported in the year that began on April 1, 2006.
Observers expressed concern at a declining rate of successful
prosecutions of rapists in England and Wales. From April 2006 through
March 2007, the conviction rate was 5.7 percent of cases prosecuted,
compared to 33 percent in 1977. Authorities in Scotland and Northern
Ireland reported similarly low conviction rates. The BCS estimated that
one in 20 women in the country had been raped.
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 reliant on their abusers.
The law prohibits domestic violence, including spousal abuse, and
authorities strictly enforced the law in cases reported to them. The
courts imposed punishment ranging up to life imprisonment; however,
violence against women continued to be a problem. The law provides for
injunctive relief, personal protection orders, and protective exclusion
orders (similar to restraining orders) for female victims of violence.
According to BCS estimates based on interviews and covering the
approximate period of October 31, 2005 to September 1, 2006, domestic
crime (2,471,000 cases) represented 16 percent of total crime committed
in England and Wales. One third of violent incidents against women were
domestic violence. In 2007, 110 persons were killed by domestic
partners.
On July 30, The Ministry of Justice announced changes in the law
against homicide in England and Wales, designed to address inequalities
between men and women in certain types of family violence. Among the
changes, the killing of an abusive spouse, previously considered first
degree murder, could be treated as manslaughter if it occurred while
responding to a fear of serious violence. In addition, a manslaughter
plea would no longer be allowed when an aggrieved partner kills a
spouse who has committed adultery. A parent who kills a pedophile who
has abused his or her child or a woman who kills her rapist may now
claim ``murder with provocation.''
NGOs raised concerns that police were not adequately trained to
identify and respond when women sought protection.
Police and NGOs estimated that approximately a dozen honor killings
occurred each year, although there were no formal statistics. As of
November 22, approximately 100 homicides were under investigation as
possible ``honor killings.'' Personnel of the International Campaign
against Honor Killings estimated that the number of women seeking their
help quadrupled between 2005 and the end of the year. Many observers
regarded honor killings as the extreme end of a spectrum that includes
abductions, forced abortions, imprisonment, mental and physical abuse,
and rape. It was generally considered an ``imported crime,'' since a
majority of the incidents involved families from Asia, Turkey, Algeria,
and Nigeria. Many of the crimes involved hiring outside ``hit men''; in
other cases the perpetrator was the youngest member of the family, who
was supervised by older family members. By the end of the year, only 35
cases had been prosecuted as honor crimes. The cases involved 33
victims and 47 offenses ranging from murder, kidnapping, and false
imprisonment to common assault and public order violations.
Forced marriages continued to be a problem, although their extent
remained unknown. On March 11, Parliament's Home Affairs Committee
requested additional information from the Government on students who
had disappeared from school registers. Since the majority of these
students were South Asian and female, the committee expressed concern
that they were in danger of becoming the victims of forced marriage.
Denial by local councils, which have the responsibility for social
services and schools, that the large number of ``missing girls''
necessarily supported this interpretation failed to satisfy the
committee, since the local councils appeared unable to provide
alternative explanations for the phenomenon. An investigation by the
Forced Marriage Unit, a joint effort of the Foreign and Commonwealth
Office and the Home Office, determined that, while the numbers were not
as large as reported earlier, the problem did exist, and a law to
discourage them was quickly passed by Parliament, and implemented in
November. The Forced Marriage Protection Act requires schools, social
services, and police to receive training about this phenomenon and to
take steps to combat it, ranging from increased truancy monitoring to
assisting young persons who come to them for help without parental
input. The law criminalizes forced marriage and makes taking
individuals out of the country on false pretenses akin to kidnapping.
It also has a provision to annul marriages made outside of the country
against the will of one partner.
On July 24, in another effort to deter forced marriages of citizens
or residents who return to their or their parents' countries of origin,
the Foreign and Commonwealth Office announced its intention to impose a
number of new requirements relating to marriage visas, including
raising the age someone can sponsor a spouse for a marriage visa from
18 to 21 and adding a requirement that intending sponsors of such visas
register their intent to seek a visa before traveling abroad.
(Authorities believed that young adults often traveled on what they
expected to be a vacation to the home country and were subsequently
pressured into marriage and into applying for the spouse's visa.) The
new age requirement was adopted in August. The registration of marriage
intent for visas was still working its way through the legal process at
year's end.
Prostitution is legal for adults; however, such related offenses as
loitering for the purpose of prostitution and maintaining a brothel are
illegal. Authorities and NGOs estimated that 100,000 persons in the
country were engaged in prostitution.
The law prohibits child sex tourism and allows authorities to
prosecute citizens or residents for offenses committed abroad.
Individuals were arrested on such charges, but there were no reports of
prosecutions during the year.
The law prohibits sexual harassment and provides penalties of up to
five years' imprisonment; authorities followed up on the isolated
complaints that were filed.
Women enjoy the same legal rights as men, including rights under
family and property law and in the judicial system; however, in
practice women experienced some discrimination. According to a 2005
Equal Opportunities Commission (EOC) report, women's average hourly
earnings for full time, private sector employment were 22.5 percent
lower than those of men; in full time public sector jobs, women earned
13.3 percent less than men. On September 2, the UN Committee on the
Convention for the Elimination of All Forms of Discrimination against
Women asserted that, in addition to experiencing discrimination in pay
and in representation in government, women were more poorly treated
than men in prisons and were imprisoned for lesser offenses. The report
recommended a number of measures, including greater efforts to reduce
the number of women in conflict with the law.
On September 4, the Equality and Human Rights Commission, an
independent group supported by the Government Equalities Office,
released its annual report Sex and Power, which concluded that progress
by women had stalled and in some respects declined. The report reviewed
25 job categories and, in 12 of these, found there were fewer women
than in previous years.
There was a cabinet level minister for women and a deputy minister
for women and equality. Two independent bodies were concerned with
women's issues, the EOC and the Women's National Commission (WNC). The
EOC supported women in discrimination cases before industrial tribunals
and courts and produced guidelines for employers. The WNC is an
umbrella organization representing women and women's organizations. It
lobbied the Government to take women's views into account and include
them in public debate.
Children.--The Government expressed a strong commitment to
children's rights and welfare. Child abuse remained a problem, although
there were no reliable figures on its prevalence. In Northern Ireland
it is a criminal offense to fail to report most offenses against
children; England, Wales, and Scotland do not have such laws; however,
civil servants charged with the care, education and welfare of children
are ``responsible'' for their protection. The minister for children
coordinated government policy concerning children and young persons in
England and Wales. In Northern Ireland there was a commissioner for
children. In Scotland the Ministries of Education, Young Persons, and
Communities supervised similar programs designed to protect and provide
assistance to minors.
Public attention was drawn during the year to the abuse case known
as ``Baby P,'' a child who died as a result of abuse, despite knowledge
by social services agencies that abuse was taking place. Their failure
to act caused headlines and led to the resignation of at least one
government official.
Female genital mutilation (FGM) is illegal. The maximum penalty for
aiding, abetting, counseling, procuring, or carrying out this practice
is 14 years' imprisonment. FGM was most often practiced by immigrant or
refugee groups on girls aged seven to nine from Eritrea, Ethiopia,
Somalia, West Africa, and Yemen. The Department of Health estimated in
2006 that approximately 74,000 women had undergone FGM and a further
7,000 women were at risk of having the procedure performed on them. In
2006 the Metropolitan Police Service (MPS) and a number of NGOs began
an awareness and prevention campaign focused on this problem. At the
end of the year, MPS warned that in addition to the 20,000 residents in
the at risk communities, over 1600 young women a year entered the
country to join these communities. Actual medical statistics on
reported victims were being compiled at the end of the year.
There continued to be reports that some evangelical Christian
immigrants from Africa abused children whom they accused of being
witches.
On August 26, penal reformers and children's groups criticized the
Government's reliance on antisocial behavior orders (ASBOs), civil
``warnings'' that can limit children's access to a geographic area or
impose tailored curfews. ASBOs were introduced to prevent youth from
interacting with the courts and youth services as a result of minor
infractions. However, youth who subsequently violate ASBOs could be
arrested and would enter the criminal system. Opponents contended that
the ASBOs led to criminal records for youth whose behavior in the past
would have been seen as ``kids being kids.'' According to one expert,
over a thousand youths have been incarcerated for violating the ASBOs
since their inception in 2000. Critics claimed that police were too
quick to issue the orders for such minor infractions as excessive
loudness or congregating in large numbers, violations that some
children's advocates described as inevitable. Some experts contended
that 30 percent of youths receiving the orders had mental or behavioral
problems that did not permit them to understand the orders.
On August 22, Anne Owers, Chief Inspector of HM Prisons, criticized
the treatment of children at Yarl's Wood, the detention facility for
women and children migrants facing possible deportation. She noted that
facilities for their health, education, and recreation were inadequate,
and most serious, children with disabilities were also detained there,
contrary to British law. The United Kingdom Border Agency indicated
that children were detained only as a last resort, when the parents
``try to frustrate'' the removal process.
According to the press a review of methods for controlling detained
children issued toward the end of the year concluded that the use of
limited pain inducing techniques were appropriate ways to keep children
safe. Human rights groups criticized the practice.
Trafficking in Persons.--The law prohibits all forms of
trafficking; however, there were reports that persons were trafficked
to, through, and within, the country.
There were no official statistics on the number of trafficking
victims. In a July 3 report, however, police estimated (based on
arrests, including from raids on bordellos and statements from those
intercepted at the borders) that between 6,000 and 18,000 women and
children were engaged in prostitution involuntarily, the majority
trafficked from abroad. Regions of origin included Central and Eastern
Europe primarily the Balkans and the former Soviet Union and Asia,
including China. Most victims were women trafficked for sexual
exploitation. Women, men, and children were also trafficked for labor
exploitation in domestic service, agricultural and rural labor,
construction, and catering.
During the year law enforcement agencies completed operation
Pentameter 2, a crackdown on forced prostitution; 167 women and
teenagers were freed during the year, including 13 girls between the
ages of 14 and 17. The operation followed Pentameter 1 in 2006, which
saw the arrest of 232 persons and the release of 88 victims of
trafficking. Over 600 brothels were raided during the operation, most
were in private homes. In a report on the Pentameter 2 operation,
authorities noted that, since prostitution is not a crime, police often
had difficulty distinguishing victims of trafficking and forced
prostitution from those who engaged in prostitution voluntarily. The
report also noted that an increasing number of persons forced into
prostitution were born in the country.
On October 11, the Guardian Weekly reported an undercover operation
conducted both within the country and in China which revealed that over
4,000 teenage girls, some as young as 11 years old, had been trafficked
into the country from Fujian Province. Upon entry, the girls often
claimed asylum, aware that the law prohibits the detention of persons
under 18 and, once released, they disappeared. Over a thousand girls
were described as still missing. The report also noted that the
traffickers had a 15 year head start on law enforcement authorities,
who only began to tackle the problem seriously in 2006, while Fujianese
girls had been entering the country since the early 1990s.
There were also reports that children were trafficked into the
country and forced to work as domestic servants, beggars, pickpockets,
drug couriers, or in sweatshops and restaurants.
Authorities believed that organized gangs were behind most cases of
trafficking for commercial exploitation. NGOs claimed that Albanian
gangs were heavily involved in prostitution rings in London that used
trafficked women. Gangs from the Far East appeared to be increasingly
involved in trafficking women from that area. Prosecutors also
uncovered East European and Chinese involvement in labor trafficking.
Traffickers often lured women by false advertisements of work as
restaurant staff, maids, and childcare providers. Some victims expected
to work in the sex trade but were deceived about working conditions by
the traffickers and exploited upon arrival.
Traffickers used a variety of means, including use of valid travel
documents, false documentation, and smuggling of aliens past border
checks. Authorities believed traffickers frequently used Heathrow
airport as a transit point, primarily for trafficking between European
destinations. Traffickers controlled their victims through insistence
that they repay endless ``debts'' for room and board and travel
expenses, by withholding their travel documents, by misleading them
about law enforcement and immigration penalties, and by threatening
violence against them or their families.
Trafficking for prostitution, sexual exploitation, or forced labor
carries a maximum sentence of 14 years' imprisonment. The law applies
to both citizens and residents and to acts committed domestically or
abroad. The law also prohibits such related acts as keeping a brothel
and causing, inciting, or controlling prostitution for gain. There are
severe penalties for such offenses as causing, inciting, controlling,
arranging, or facilitating the prostitution of a child. The law also
criminalizes paying for sexual services of a child, as well as travel
abroad for the purpose of obtaining sexual services from children.
During the Pentamiter 2 operation against trafficking for prostitution
initiated in 2006, law enforcement agencies made 528 arrests that led
to 26 convictions.
The Home Office was the lead antitrafficking agency. Other cabinet
level departments involved in antitrafficking included the Foreign and
Commonwealth Office, the Department of Trade and Industry, the
Department for Education and Skills, the Crown Prosecution Service, and
the Department for International Finance and Development. The Serious
Organized Crime Agency (SOCA) handled trafficking investigations
nationally. A United Kingdom Human Trafficking Center (UKHTC) shared
trafficking intelligence with SOCA and developed training modules for
attorneys prosecuting traffickers. The Government assisted with
international investigations of trafficking.
Immigration officers and airline personnel were trained to identify
potential victims of trafficking. The UKHTC has developed training
programs that enabled police academies to add trafficking to the list
of core police competencies. The ``Paladin'' program at Heathrow
specifically screened for vulnerable children. Authorities provided
short term residence permits for victims of trafficking who cooperated
with authorities in prosecuting their traffickers.
The Government continued funding the Poppy Project, which provided
support services to female victims of trafficking for sexual
exploitation who were willing to assist law enforcement authorities.
The Government did not prosecute victims of trafficking who were
violating prostitution or immigration laws; however, authorities could
deport them to their countries of origin.
Local social services and charities provided services to
trafficking victims. The Poppy Project initiated a national 24 hour
outreach service. Local social service agencies were responsible for
child victims of trafficking, who were usually placed in the foster
care system. The Government and the NGO community maintained an active
dialogue concerning protection services for victims.
The State Department's annual Trafficking in Persons report can be
found at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and other state services. The law mandates access to
buildings for persons with disabilities, and the Government effectively
enforced this requirement in practice.
The law requires that all public service providers (except in the
transportation sector) make ``reasonable adjustments'' to ensure their
services are available to persons with disabilities. The law forbids
employers from harassing or discriminating against job applicants or
employees with disabilities.
The mandate of the Equality and Human Rights Commission (EHRC), an
independent organization funded by the Government, included work on
behalf of persons with disabilities to stop discrimination and promote
equality of opportunity. The commission provided legal advice and
support for individuals, a hotline for persons with disabilities and
employers, and policy advice to the Government. The commission 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. Some advocates
for persons with disabilities claimed during the year that the October
2007 replacement of the Disability Rights Commission, which dealt only
with disabilities, by the EHRC, which also has a mandate for combating
discrimination based on race, sex, religion and belief, sexual
orientation and age, led to a dilution of efforts on behalf of persons
with disabilities.
National/Racial/Ethnic Minorities.--The law prohibits racial
discrimination, but Travelers (itinerant populations consisting of
Roma, Irish, and other ethnic groups), as well as persons of African,
Afro Caribbean, South Asian, and Middle Eastern origin, at times
experienced mistreatment on racial or ethnic grounds.
The law authorizes police to order Travelers' caravans to move on
from any rest area or other roadside location. Before the enactment of
this provision in 2003, such locations were among the Travelers'
primary stopping places. Travelers' organizations also reported that
local governments across the country were seeking to evict them from so
called ``illegal encampments.'' In one high profile case, Travelers
fought an eviction order by the town council of Basildon, in Essex,
seeking to remove them from the Dale Farm Traveler Settlement. At
year's end eviction proceedings against residents of the site were on
hold while a judiciary review was conducted. The case was ongoing at
year's end.
Victim Support, an NGO that assists persons affected by crime,
reported that it received 29,995 referrals for assistance with racially
motivated incidents between April 2005 and March 2007, a 42 percent
increase from 2004 05. However, Victim Support believed this increase
was primarily due to an improvement in police referrals of such
incidents to them. The Crown Prosecution Service, which covers England
and Wales, prosecuted 7,430 defendants for racially aggravated crimes
between April 2005 and March 2007, up from 4,660 during the previous
year. The Police Service of Northern Ireland (PSNI) reported 936
racially motivated incidents during the same period, up by 15 percent
from the preceding 12 month period and more than three times the number
of incidents reported in 2003. The PSNI reported 746 racially motivated
crimes, including 341 violent crimes, during the same period. In
Scotland there were 3,791 racial complaints between 2005 and 2006, a
decrease of 160 complaints from the previous year.
On October 7, Home Secretary Jacqui Smith announced that the
Government would launch a reappraisal of recruitment and promotion
practices in police forces in England and Wales. The announcement came
hours after London's mayor, Boris Johnson, announced his own inquiry
into race and the London Metropolitan Police (MET, commonly known as
Scotland Yard). Johnson made his announcement hours after MET's Black
Police Association (BPA) announced it would boycott recruitment drives
among ethnic minority communities and would use a media campaign to
actively discourage black and Asian recruits because ``they would be
treated unfairly.'' The National Association of Muslim Police (NAMP)
stated that it would not join the boycott, noting that the MET was
making progress on race relations.
Other Societal Abuses and Discrimination.--The law prohibits
discrimination and harassment based on sexual orientation; however,
sporadic incidents of homophobic violence were reported. The law
encourages judges to impose a greater sentence in assault cases where
the victim's sexual orientation is a motive for the hostility, and many
local police forces demonstrated an increasing awareness of the problem
and trained officers to identify and moderate these attacks. During the
year Children's Minister Kevin Brennan stated that schools had a clear
and urgent obligation to end the ``widespread use'' of homophobic
language and other abuse and that such language and behavior would be
viewed the same as racial abuse, making teachers responsible for
dealing with it and not ignoring it. Brennan's statement came days
after Stonewall, a gay rights organization, released the results of a
survey, conducted by the online polling service YouGov, which found
that two thirds of gay students in all schools and three quarters in
religious schools reported experiencing abuse. The report also found
that 20 percent of all gay respondents had suffered some form of hate
crime, yet only 1 percent of hate crimes lead to convictions.
There were no police reports of violence against anyone based on
HIV infection, and no reports of discrimination against such persons
during the year.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right of
workers, except those in the armed forces, public sector security
services, and police forces, to form and join independent unions
without previous authorization or excessive requirements, and workers
exercised this right in practice. Approximately 26 percent of the
workforce was unionized. Coverage was most widespread in the public
sector, where almost 60 percent of workers were unionized. In contrast,
17 percent of private sector workers were unionized. The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. Workers have the right to
strike and freely exercised it during the year.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected in law and was freely practiced. Unions and
management typically negotiate collective ``agreements,'' less formal
than collective bargaining contracts. Collective agreements are
considered as ``implied'' in individual work contracts and are legally
enforceable as such. They covered approximately 35 percent of the
workforce. There were no reported instances of anti union
discrimination.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The Government
prohibits forced and compulsory labor, including by children; however,
there were reports of forced labor by children. Police estimated that
between six and 18 thousand women and children, the majority trafficked
from abroad, engaged in involuntary prostitution. Women, men, and
children were also trafficked for labor exploitation in domestic
service, agricultural and rural labor, construction, and catering.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace
and the Government generally enforced these laws effectively; however,
children were forced into prostitution.
The law prohibits the employment in any capacity of children under
13. Those under 16 are not permitted to work in an industrial
enterprise, including transportation or street trading; their work
hours are strictly limited and may not interfere with school
attendance. Children under 16 may work as part of an educational
course. Independent NGOs claimed that as many as two million school age
children were involved in part time employment. Children age 13 to 16
must apply for a work permit from a local authority, and the local
authority's education and welfare services have primary responsibility
for oversight and enforcement. Authorities effectively enforced these
laws. The Departments of Health, Trade and Industry, and Education and
Skills also have regulatory responsibilities related to child labor.
e. Acceptable Conditions of Work.--The national minimum wage, which
ranged from 3.53 to 5.73 pounds (approximately $5.11 to $8.31) per
hour, depending on the age of the employee, did not provide a decent
standard of living for a worker and family; however, government
benefits, including free universal access to the National Health
Service, filled the gap. Tax authorities may issue compliance orders
against employers that are not paying the minimum wage, but employment
tribunals handle disputes. The Government aggressively monitored
employer efforts to bring pay practices into compliance with minimum
wage law. Unions and NGOs were also actively involved in ensuring
employees' awareness of their rights.
The law limits the workweek to 48 hours when averaged over a 17 to
26 week period; however, the regulations do not apply to senior
managers and others who can exercise control over their own hours of
work. 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
nationwide receives five weeks of paid annual leave plus eight bank
holidays as part of collective agreements. An individual employee may
agree through a contract to work overtime for premium pay. The law does
not prohibit compulsory overtime, but overtime is limited by the 48
hour week restriction.
The law stipulates that the health and safety of employees not be
placed at risk, and it was effectively enforced by the Health and
Safety Executive (an arm of the Department of Work and Pensions), which
could initiate criminal proceedings in appropriate cases. Workers'
representatives also actively monitored enforcement of the law. Workers
may legally remove themselves from dangerous work conditions without
jeopardy to their continued employment.
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